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Ordinance 93-2829ORDINANCE NO. 93-2829 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE DEFINITION OF "PERMANENT RESIDENT" IN SECTION 41-45 OF THE CODE OF THE CITY OF MIAMI BEACH TO CONFORM TO THE PERIOD SET FORTH IN THE CHARTER AND IN SECTION 41-47 OF THE CITY CODE, AND IMPLEMENTING A BALLOT QUESTION PASSED BY THE VOTERS ON NOVEMBER 3, 1992, BY AMENDING SECTIONS 41-46 AND 41- 68(e)(1) OF THE CODE OF THE CITY OF MIAMI BEACH TO PROVIDE FOR A 3% RESORT TAX ON RENT OF ROOMS AT ANY HOTEL, MOTEL, ROOMING HOUSE OR APARTMENT HOUSE IN THE CITY IN ACCORDANCE WITH SPECIAL ACTS OF THE FLORIDA LEGISLATURE; PROVIDED THAT NO PORTION OF THE RESORT TAX WHICH IS IN EXCESS OF 2% SHALL BE PROVIDED, ALLOCATED OR APPROPRIATED FOR THE VISITOR AND CONVENTION AUTHORITY; PROVIDING FOR REPEALER; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. The definition of "Permanent Resident" set forth in section 41-45 of the Code of the City of Miami Beach is hereby amended to read as follows: Permanent resident. Any person who, on February 1, 19G7 or thereafter has resided in the city of Miami Beach, Florida, for longer than eleven consecutive months er longer. SECTION 2. Section 41-46 of the Code of the City of Miami Beach is hereby amended to read as follows: Commencing on the twentieth day of November, 1968, tThere is hereby levied and there shall be paid a tax of -we three percent on the rent of every occupancy of a room or rooms in any hotel, motel, rooming house or apartment house in the city, and ase a tax of two percent upon the total sales price of all items of food, beverages, alcoholic beverages, or wine sold at retail for consumption on the premises of any restaurant as herein defined. Such tax shall constitute a debt owed by the occupant or guest to the city which is extinguished only by payment to the operator or to the city. The occupant or guest shall pay the tax to the operator of the hotel, motel, rooming house, apartment house or restaurant at the time the rent or the sales price is paid. If the rent is paid in installments, a proportionate share of the tax shall be paid with each installment. The unpaid tax shall be due upon the occupant's ceasing to occupy space in the hotel, motel, rooming house or apartment house. The tax due on a two percent transaction calling for the payment of rcnt or sales price of from shall be: SALES PRICE TAX from $ .50 to $ .99 lc from $1.00 to $1.49 2c from $1.50 to $1.99 3c from $2.00 to $2.49 4c from $2.50 to $2.99 5c eOn rcnts or sales in amounts of more than three dollars two percent shall be charged upon each dollar of price er rcnt, plus the above bracket charges upon any fractional part of a dollar in excess of even dollars. The tax due on a three percent transaction calling for the payment of rent shall be: RENT TAX from $ .32 to $ .65 lc from $ .66 to $ .99 2c from $1.00 to $1.32 3c from $1.33 to $1.65 4c from $1.66 to $1.99 5c On rents in amounts of more than two dollars three percent shall be charged upon each dollar of rent, plus the above bracket charges upon any fractional part of a dollar in excess of even dollars. The proceeds of the tax shall be expended in accordance with the provisions of Chapter 67-930, Laws of Florida, as amended, and Section 43 1/2 of the Charter of the City of Miami Beach, as amended. * * * SECTION 3. Subsection 41-68 (e)(1) of the Code of the City of Miami Beach is hereby amended to read as follows: (1) Subject to the limitations contained in paragraph (3) below with respect to the rights of bondholders, commencing Octobcr 1988, fifty percent of the resort tax monies collected by the city in each month on or after Octobcr 1988 from the first two percent levy shall be prorated, allocated and appropriated for the authority and no portion of the resort tax levy in excess of the two percent levy shall be allocated, prorated or appropriated for the authority. The resort tax receipts allocated to the authority shall be distributed and paid to the authority on or before the twentieth day of the month immediately following the month of collection thereof in the following manner: Twenty-five percent of the total collections for the months of October, November, December, the remaining twenty-five percent to be paid as hereinafter set forth; Forty percent of the total collections for the months of January, February and March, the remaining ten percent to be paid as hereinafter set forth; 2 Fifty percent of the total collections in each of the remaining months of the fiscal year; On or before May 31st of each year the portion of collections withheld and not paid during the prior months of October through March shall be distributed and paid to the authority; On or before October 31st of each year any remaining funds due to the authority from the prior fiscal year shall be distributed and paid to the authority. SECTION 4. REPEALER. All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 5. SEVERABILITY. If any article, section, subsection, clause, phrase or portion of this Ordinance is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. SECTION 6. EFFECTIVE DATE. This Ordinance shall become effective ten days after adoption, provided, however, that the amendments set forth in Sections 2 and 3 above shall not become effective until the date on which the City of Miami Beach enters into an agreement with a developer for development of a convention center headquarters hotel. PASSED and ADOPTED this 6th day of January , 1993. A.. 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