Ordinance 83-2386 ORDINANCE NO. 83-2386
AN ORDINANCE OF THE CITY OF MIAMI BEACH
AMENDING CHAPTER 41 OF THE CITY CODE BY
ADDING ARTICLE VII , SECTIONS 41-72 THROUGH
41-79 , INCLUSIVE, CREATING AND ESTABLISHING
THE MIAMI BEACH TOURIST AND CONVENTION CEN-
TER EXPANSION AUTHORITY; PROVIDING FOR A
GOVERNING BODY; PROVIDING FOR THE COMPOSI-
TION, QUALIFICATIONS , APPOINTMENT, TERM, AND
REMOVAL OF MEMBERS; PROVIDING FOR THE ORGAN-
IZATION, POWERS , AND DUTIES OF THE AUTHOR-
ITY; PROVIDING FOR THE RESPONSIBILITIES OF
THE EXECUTIVE DIRECTOR; PROVIDING POWERS ,
PURPOSES AND DUTIES OF THE AUTHORITY;
PROVIDING FOR THE PROMULGATION OF RULES AND
REGULATIONS FOR THE AUTHORITY; PROVIDING FOR
AN ANNUAL REPORT AND AUDIT; PROVIDING THE
PROCEDURE FOR COLLECTION OF THE CONVENTION
DEVELOPMENT TAX REVENUE; PROVIDING FOR LEGAL
COUNSEL; CONTAINING A SEVERABILITY CLAUSE
AND AN EFFECTIVE DATE.
BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA:
Section 1. Article VII of Chapter 41 of the Code
of the City of Miami Beach, Florida, is hereby enacted as fol-
lows:
ARTICLE VII
TOURIST AND CONVENTION EXPANSION AUTHORITY
Sec. 41-72. Authority Created
There is hereby created and established pursuant
to §212.057 , Fla. Stat. , an independent authority and
instrumentality of the City of Miami Beach to be known
as the Miami Beach Tourist and Convention Center
Expansion Authority (hereinafter "Authority" ) .
Sec. 41-73. Purpose of Authority
The Authority shall be responsible for adminis-
tering and disbursing the proceeds of the County Con-
vention Development Tax.
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Sec. 41-74. Governing Body
(a) Composition. The Authority shall consist of
seven (7) voting members, to be appointed by the City
Commission. Additionally, the City Manager shall be a
non-voting ex officio member .
(b) Qualifications. Each member of the Author-
ity shall be a duly qualified elector of Dade County
and shall be of outstanding reputation for integrity,
responsibility, and commitment to serving the commu-
nity. Members shall be selected from individuals
associated with the tourist and hospitality industries
which operate such a business within the City of Miami
Beach. Before entering upon the duties of office,
each voting member on the Authority shall take the
prescribed oath of office. Members of the Authority
shall serve without compensation but shall be entitled
to reimbursement, to the extent permitted by law, for
necessary expenses incurred in the discharge of their
duties.
(c) Appointment and Term of Members; Filling Va-
cancies. The members of the Authority shall be ap-
pointed by the City Commission. Each City
Commissioner shall appoint one member to the
Authority. All members shall be appointed for a term
of two (2) years. No two members shall be connected
or have any financial ties with the same business
entity. Vacancies occurring shall be filled by
appointment of the City Commissioner for the unexpired
period in the same manner as the original appointment.
Members shall serve until the expiration of their
terms or until a successor is appointed. Any vacancy
occurring during the term of any member from
whatsoever cause, shall be filled by the City
Commission.
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(d) Removal of Members. The voting members
shall serve at the pleasure of the City Commission.
Any member of the Authority may be removed from office
by four-sevenths vote of the City Commission.
(e) Organization, Powers and Duties of the Au-
thority. The Authority shall designate a secretary
who shall be a voting member of the Authority. The
Chairperson and Vice-Chairperson shall be elected by
the Authority from its members. The Chairperson and
Vice-Chairperson shall serve for a period of two (2)
years and must be members of the Authority. The Exec-
utive Director for the Authority shall be the Budget
Director for the City of Miami Beach or some other
designee of the City Manager from his or her Office.
The Executive Director shall have general charge of
the work of the Authority and shall direct the en-
forcement of all policies and directives of the Au-
thority. The Director shall maintain and keep the
records of the Authority and shall be responsible for
causing minutes of all Authority meetings to be re-
corded, transcribed and maintained.
Four (4) members of the Authority shall consti-
tute a quorum. A majority of the quorum is empowered
to exercise all the rights and perform all the duties
of the Authority and no vacancy in the Authority shall
impair the right of the quorum to act.
The Authority shall hold at least one (1) meeting
every three (3) months and may hold such other
meetings as it deems necessary. All meetings of the
Authority shall be public and written minutes of the
proceedings thereof shall be maintained by the Author-
ity. All actions taken at the meetings of the Author-
ity shall be promptly and properly recorded. The of-
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ficial City policies relating to the attendance of
regular board meetings shall be applicable to members
of the Authority.
Sec. 41-75. Powers, Purposes and Duties of the Authority
(a) The Authority shall have the power to admin-
ister and disburse proceeds of the Convention Develop-
ment Tax, as prescribed by §212 . 057 , Fla. Stat. , and
any other related source of revenue to extend, enlarge
and improve the Miami Beach Convention Center .
(b) The Authority may advise and make recommen-
dations to the City Manager and City Commission as to
the extension, enlargement and improvements to the
Convention Center.
(c) The Authority does not have the power to
contract with any person or corporation, nor pledge
the revenue generated from the Convention Development
Tax as collateral.
Sec. 41-76 . Rules and Regulations
The members of the Authority and/or the City Man-
ager may promulgate rules, regulations, and guidelines
for the Authority' s governance and operation. All
rules, regulations and guidelines must be approved by
the City Commission prior to their implementation.
Sec. 41-77 . Annual Report and Audit
The Authority shall submit to the City Commission
an annual report and an annual audit. The audit shall
be performed by an internal auditor of the City.
Sec. 41-78 . Tax Revenues
(a) As prescribed by the Ordinance of Dade
County, Florida, imposing the tax authorized under
§212. 057 , Fla. Stat. , the person receiving the consid-
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i
eration for such rental or lease shall receive, ac-
count for , and remit the tax to the State of Florida,
Department of Revenue at the time and in the manner
provided for persons who collect and remit taxes under
§212 . 03 , Fla. Stat. The same duties and privileges
imposed by Chapter 212 , Fla. Stat. , upon dealers '
intangible property respecting the remission and col-
lection of tax, the making of returns, the keeping of
books, records and accounts , and compliance with the
rules of the Florida Department of Revenue in the ad-
ministration of said chapter shall apply to and be
binding upon all persons who are subject to the provi-
sions of §212. 057 . Fla. Stat. ; provided, however , the
Department of Revenue may authorize a quarterly return
and payment when the tax remitted by the person re-
ceiving the consideration for such rental or lease for
the preceeding quarter did not exceed twenty-five dol-
lars.
(b) Collections received by the Department of
Revenue from the tax, less costs of Administration of
§212 . 057 Fla. Stat. , and paid and returned, on a
monthly basis, to the Clerk of the Board of County
Commissioners of Dade County, Florida, shall be avail-
able by the Authority in accordance with the provi-
sions of §212 . 057 Fla. Stat.
Sec. 41-79 . Counsel
The City Attorney' s Office shall provide legal
services to the Authority as may be necessary and
requested by the Authority.
Section 2 . It is the intention of the City Commis-
sion, and it is hereby ordained that the provisions of this Or-
dinance shall become and be made a part of the Code of the City
of Miami Beach, Florida. The sections of this Ordinance may be
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renumbered or relettered to accomplish such intention and the
word "Ordinance" may be changed to "Section" , "Article" , or
other appropriate word.
Section 3 . The Ordinance shall become effective in
accordance with applicable law and upon the requisite action of
Metropolitan Dade County, pursuant to the provisions of
§212 .057 , Fla. Statutes.
Section 4 . If any section, part of section, para-
graph, clause, phrase, or word of this Ordinance is declared
invalid, the remaining provisions of this Ordinance shall not be
affected.
PASSED AND ADOPTED this 21st day of September , 1983.
MAYOR
ATTEST:
CITY CLERK
LAD:CK:bh
9163G
1st Reading - September 7, 1983
2nd Reading - September 21, 1983 (As amended)
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