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94-21182 Reso , RESOLUTION NO. 94-21182 A RESOLUTION OP THE MAYOR AND CITY COMMISSION OP THE CITY OP MIAMI BEACH, PLORIDA CREATING THE EQUITY RATE STUDY COMMISSION AND PRESCRIBING ITS MEMBERSHIP, DUTIES AND PUNCTIONS REGARDING OCCUPATIONAL LICENSE FEES. WHEREAS, pursuant to Section 205.0535, Florida Statutes, local governments are authorized to revise structures and classification systems utilized for imposition of their occupational license taxes by October 1, 1995 and to raise their license taxes in keeping with the adopted revisions and within statutory limitations; and WHEREAS, section 205.0535 requires that prior to adoption of a revision of occupational license tax rate structures and classifications, local governments must establish equity study commissions to recommend appropriate revisions; and WHEREAS, the Mayor and City Commission of the City of Miami Beach wish to consider revising the rate structure and classification system currently used for imposing the City's business license fees. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OP MIAMI BEACH, FLORIDA, that:, 1. The City of Miami Beach Equity Rate Study Commission is hereby created. The Commission shall consist of five (5) members, each to be appointed by the City Commission. 2. Each member of the Equity Rate Study Commission shall be a representative of the business community within the City of Miami Beach. 3. The members of this Commission shall begin serving on June 2, 1994. The Commission shall submit its recommendations to the City Commission on or before July 8, 1994, or at such later date as may be dete.rmined by the City Commission, after which the Equity Rate Study Commission shall be dissolved. 4. Members, of this Commission shall serve without compensation. The City Manager shall provide such administrative staff and clerical personnel as, may be necessary to assist the Commission in the proper performance of its duties and functions. .... 5. The members of this Commission shall select and designate a chairman and such other officers as they may deem necessary or desirable, who shall serve at the will of this Commission. All meetings of the Commission shall be open to the public. No action shall be taken by this commission except by a majority vote of the entire membership. The Commission may adopt rules of procedure governing its meetings and actions on matters within its jurisdiction, not inconsistent with the provisions of this Resolution. 6. The Commission shall have the power and duty to examine the city's Business License Ordinance, including but not limited to the rate structure and classification system used to impose business license fees in order to determine if revisions are needed and to recommend to the City commission any such revisions which it deems necessary and appropriate. PASSED and ADOPTED this 1st day of June , ATTEST: ~~.~ CITY CLERK sws:ocr:diot7\cqulyrll,.... FORM APPROVED lEGAL DEPT. By~ Deste S~ 1'-2.1-'4 2 c CITY OF MIAMI BEACH C:~V HALL 1700 CONvENTION CEN;ER DRiVE MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITY MANAGER COMMISSION MEMORANDUM NO. ~V TELEPHONE: (305) &73.7010 FAX: (305) &73.77.2 TO: Mayor Seymour Gelber and Members of the City CommiSsion DATE: June 1, 1994 FROM: Roger M. City Manag SUBJECT: A RESOLUTION CREATING AN EQUITY RATE STUDY COMMISSION TO REVIEW OCCUPATION UCENSE RATES ANDIOR CLASSlfICATIONS AS PROVIDED BY FLORIDA STATUTE CHAPTER 205, AND THE APPOINTMENT OF MEMBERS OF THE COMMISSION. ADMINISTRATIVB RBCOKHEHDATIOH The Administration recommends adoption of the attached resolution creating an Equity Rate study Commission to review occupation license rates and/or classifications as provided by Florida statute Chapter 205, and the appointment of members of the Commission. BACKGROUND In May 1993, the state enacted major reforms to the occupation License Tax statute to allow local governing authorities more control over their licensing revenues. Key provisions of this reform would permit an adjustment of up to 10 percent in total license revenue based on recommendations of the Equity Rate study commission, and a provision to adjust future license rates up to 5 percent every two years. Other administrative provisions would authorize the City to initiate civil actions against businesses that do not pay their license fees, authorize the assessment of court costs, attorneys' fees and other costs plus a penalty of $250.00, increase transfer fees, change the date when licenses will begin to be sold from september 1st. to August 1st., and require businesses to provide their Federal 10 Numbers or social Security Numbers when applying for licenses or license renewals. The statute permits counties to follow these procedures and adopt a license ordinance as early as October 1, 1994. Metropolitan Dade County has appointed an Equity Rate study commission and is scheduled to adopt an ordinance by October 1, 1994. counties that follow this procedure and adopt ordinances will be permitted to keep all revenues from businesses located in the unincorporated areas and not share with the municipalities. ANALYSIS Currently, Dade County shares a portion of the licenses fees collected in the unincorporated areas with its municipalities. Following the enactment of the county's ordinance, the County will no longer share this revenue with municipalities. The impact of this will be a reduction in the County allocated occupation license tax revenue paid to the city of Miami Beach by approximately $150,000 annually. The statute permits the city to recoup all revenues that are reduced by the County, plus an adjustment of up to 10 percent of total license revenues if the City follows this procedure and adopts a license ordinance. t~'1 AGENDA ITEM R-1-F ~- (- q <.( DATE ~, . The current year's estimate of revenues from occupation License fees is $2,800,000: this amount consists of $2,500,000 from city fees and an allocated county share of $300,000. The Finance committee reviewed and evaluated this proposal at their May 24, 1994 meeting and recommends its approval by the city commission. BQUITY RATB STODY COMMISSION The members of the Bquity Rate stu4y commis.ion are appointe4 by the city commission an4 must be representative of the Xiami Beach business community. The findings of the Equity Rate study commission are advisory in nature only. The statute requires the city commission review their findings and adopt a license ordinance prior to October 1, 1995. The city is not required to raise or lower license fees, but if this proce4ure is not follove4, the city vill be preclu4e4 from any future licensing fee increase.. It is recommended that the city commission appoint a five member Equity Rate study commission from the individuals listed below, who were recommended by the Latin Chamber of commerce and Miami Beach Chamber of commerce, to review occupation license rates and/or classifications and other appropriate licensing regulations in Chapter 20 of the city Code, and make its recommendations to the city commission so that a city Ordinance can be adopted by october 1, 1994, but no later than October 1, 1995. Latin Miami Beach Chamber of Commerce Chamber of Commerce Architect Jorge Dorta Duque Dixon Alvarino Cheryl Jacobs Attorney Jonathan Beloff craig Frager Finance Eloy Capero Blanca parets Hotel Wendy Hart Linda polansky silvana sorache Real Estate Germa Ruiz Rusty Atlas Sharon Welkovitz - Retail Mitchell Kaplan Books & Books Alinas Sardinas RW Western Wear Other Richard May Giant Motors PFL:,IB:me " , t~~ \ ,