2009-27212 ResoRESOLUTION NO. 2009-27212
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE APPROPRIATION OF
$1,159,467 FROM THE FISCAL YEAR (FY) 2008/09 PEOPLE'S
TRANSPORTATION PLAN (PTP) FUNDS, $18,320 FROM THE FY 2009/10
CONCURRENCY MITIGATION SOUTH BEACH FUNDS, TO FUND LOCAL
CIRCULATORS IN MIAMI BEACH; FURTHER APPROPRIATING $157,735
FROM FY 2008/09 PTP FUNDS FOR ADMINISTRATIVE AND TECHNICAL
OPERATING EXPENDITURES, AS PART OF THE 5% OF ADMINISTRATIVE
ASSISTANCE ALLOWABLE FOR PTP EXPENDITURES AND AS PART OF
THE 4% OF TECHNICAL ASSISTANCE ALLOWABLE FOR PTP
EXPENDITURES; AND FURTHER APPROPRIATING $100,000 FROM FY
2008/09 PTP FUNDS FOR TRANSIT PLANNING STUDIES FOR THE
COASTAL COMMUNITIES TRANSIT STUDY PROJECTS.
WHEREAS, Resolution No. 2005-25934, dated June 8, 2005, authorized the execution
of an Interlocal Agreement between the City of Miami Beach and Miami-Dade County for the
operation, by Miami-Dade Transit (MDT), of a new bi-directional transit circulator service in
Miami Beach to be known as the South Beach Local; and
WHEREAS, Resolution No. 2005-25934 also approved the City's participation in the first
five years of cost for the Local; and
WHEREAS, the MDT share of the Fiscal Year (FY) 2009/10 operating cost of the Local
is $1,177,787; and
WHEREAS, additional circulators are being developed for the Mid-Beach and North
Beach areas of the city and City staff is currently in negotiations with the Miami-Dade Transit as
to the funding of these circulators; and
WHEREAS, if North Beach and Mid Beach circulators are implemented, some of the
PTP funds may need to be expended for these circulators in lieu of expending on the South
Beach Local, and at that time, additional appropriations from Parking Enterprise and the South
Beach Concurrency funds would be necessary for the South Beach Local; and
WHEREAS, pursuant to Miami-Dade County Ordinance 02-116, 5% of PTP funds
received may be appropriated for administrative assistance and 4% for technical assistance;
and
WHEREAS, the Transportation Division employs positions whose job responsibilities
would qualify as administrative and technical assistance and a percentage of their salaries can
be paid with PTP funds; and
WHEREAS, the Coastal Communities Transit Study (CCTS) is an operations study to
improve service quality to the County's transit customers and it provides recommendations for
improving and balancing transit service efficiency through the consolidation of existing bus
routes and the implementation of local bus circulators and intermodal transit centers; and
WHEREAS, $1,159,467 in FY 2008/09 PTP funds and $18,320 from FY 2009/10
Concurrency Mitigation funds have been set aside for the FY 2009/10 operating costs of local
circulators in Miami Beach; $157,735 has been set aside for FY 2009/10 administrative and
technical operating expenditures from FY 2008/09 PTP funds; and $100,000 in FY 2008/09 PTP
funds are available for transit planning studies for the implementation of the recommended
CCTS projects.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby
authorize the appropriation of $1,159,467 from FY 2008/09 People's Transportation Plan (PTP)
funds, $18,320 from FY 2009/10 Concurrency Mitigation/South Beach funds, to fund local
circulators in Miami Beach; further appropriating $157,735 from FY 2008/09 PTP funds for
administrative and technical operating expenditures, as part of the 5% of administrative
assistance allowable for PTP expenditures and as part of the 4% of technical assistance
allowable for PTP expenditures; and further appropriating $100,000 from FY 2008/09 PTP funds
for transit planning studies for the Coastal Communities Transit Study project.
PASSED AND ADOPTED this 24th day of September, 2009.
ATT T:
M YOR
Matti Herrera Bower
CITY CLERK
Robert Parcher
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Condensed Title:
COMMISSION ITEM SUMMARY
A Resolution authorizing the appropriation of $1,159,467 from Fiscal Year (FY) 2008/09 People's Transportation
Plan (PTP) funds and $18,320 from FY 2009/10 South Beach Concurrency Mitigation Funds to fund local
circulators in Miami Beach; the appropriation of $157,735 for administrative and technical operating expenditures
from FY 2008/09 PTP funds: and the appropriation of $100,000 from FY 2008/09 PTP funds for transit planning
studies for the Coastal Communities Transit Study Projects.
Key Intended Outcome Supported:
Improve or maintain traffic flow.
Supporting Data (Surveys, Environmental Scan, etc.):
More than half of all respondents, 51.5% reported a willingness to use "local bus circulators" as an alternative to
taking a car.
Issue:
Shall the Cit a ro riate funds for the o eration of the South Beach Local b Miami Dade Transit?
Item Summa /Kecommendation:
The City Commission adopted Resolution No. 2005-25934, dated June 8, 2005 approved the City's participation
in the first five years of cost for the South Beach Local. The proposed fifth-year cost of the South Beach Local is
as follows:
Miami Beach share $1,177,787
MDT's share $2,288 433
Total cost: $3,466,220
Additional circulators are being developed for the Mid-Beach and North Beach areas of the city. The City is
currently in negotiations with the Miami-Dade Transit as to the funding of these circulators. The proposed
appropriation will fully expend the PTP funds anticipated for circulators in the City. The South Beach Local has
typically utilized more Parking Enterprise and Concurrency funding. If North Beach and Mid Beach circulators
are implemented, some of the PTP funds may need to be expended for the circulators in lieu of expending on
the South Beach Local. At that time, additional appropriations from Parking Enterprise and the South Beach
Concurrency funds would be necessary for the South Beach circulator. Appropriation of funds for the City's FY
2009/10 operating cost for the local circulators in the City of Miami Beach are recommended as follows:
$1,159,467 FY 2008/09 PTP Funds
$ 18,320 FY 2009/10 South Beach Concurrencv Mitigation Funds
$1,177,787 FY 2009/10 Miami Beach Share
Pursuant to Miami-Dade County Ordinance 02-116, 5% of PTP funds received may be appropriated for
administrative assistance and 4% for technical assistance. Administrative and technical operating expenditures
to be paid for with PTP funding for the City's FY 2009/10 are recommended as follows:
Salaries and Benefits $102,925
Professional Services: $54 810
FY2009/10 Total: $157,735
The Communities Transit Study (CCTS) is an operations study that provides a list of transit projects to be
implemented in short, mid, and long-term phases. Projects include Phase 1 and Phase 2 Bus Route Operation
Changes, South Beach Transit Center, Middle Beach Local Circulator, and North Beach Local Circulator. FY
2008/09 PTP funds in the amount of $100,000 will be appropriated for transit planning studies for the CCTS
projects. The total projected allocation for the FY 2008/09 Peoples Transportation Plan is approximately
$2,807,757. The funds are distributed as follows a) $1,159,467 for local circulators, b) $157,735 for
administrative expenses, c) CCTS transit planning studies, and d) $1,390,555 for capital projects.
The Administration recommends ado tin the Resolution.
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Financial Information:
Source of Amount Account
Fund 1 $1,417,202 187.8000.312910(PTP Revenue)
2 $18,320 158.6217.000335 (CMF/S.Beach)
OBP 3
Total $1,435,522
Financial Im act Summa : N/A
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City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: City Manager Jorge M. Gonzalez (~~ " ~-~--__,_
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DATE: September 24, 2009
_ /~
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AUTHORIZING THE APPROPRIATION OF $1,159,467 FROM
THE FISCAL YEAR (FY) 2008/09 PEOPLE'S TRANSPORTATION PLAN (PTP)
FUNDS, $18,320 FROM THE FY 2009/10 CONCURRENCY MITIGATION SOUTH
BEACH FUNDS, TO FUND LOCAL CIRCULATORS IN MIAMI BEACH; FURTHER
APPROPRIATING $157,735 FROM FY 2008/09 PTP FUNDS FOR ADMINISTRATIVE
AND TECHNICAL OPERATING EXPENDITURES, AS PART OF THE 5% OF
ADMINISTRATIVE ASSISTANCE ALLOWABLE FOR PTP EXPENDITURES AND AS
PART OF THE 4% OF TECHNICAL ASSISTANCE ALLOWABLE FOR PTP
EXPENDITURES; AND FURTHER APPROPRIATING $100,000 FROM FY 2008/09
PTP FUNDS FOR TRANSIT PLANNING STUDIES FOR THE COASTAL
COMMUNITIES TRANSIT STUDY PROJECTS.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
FUNDING
Funding to be appropriated for the FY 2009/10 local circulators in Miami Beach in the amount of
$1,177,787 as follows: FY 2008/09 PTP Funds in the amount of $1,159,467; and FY 2009/10 South
Beach Concurrency Mitigation Funds in the amount of $18,320. Funding to be appropriated for the FY
2009/10 administrative and technical assistance in the amount of $157,735 from FY 2008/09 PTP Funds.
Funding to be appropriated in the amount of $100,000 from FY 2008/09 PTP Funds for transit planning
studies for the Coastal Communities Transit Study Projects.
ANALYSIS
South Beach Local Operating Budget
The City Commission adopted Resolution No. 2005-25934, dated June 8, 2005, which executed an Inter-
local Agreement with Miami=Dade County for Miami-Dade Transit (MDT) to operate a bi-directional
transit circulator route service in Miami Beach, to be known as the "South Beach Local". Service
commenced on September 25, 2005, and the South Beach Local replaced both the City's Electrowave
Shuttle Service and MDT's Route W, serving the entire South Beach community.
On June 8, 2005, MDT became the operator of the South Beach Local providing bi-directional bus
circulator services along South Beach following the divestiture of the Miami Beach Transportation
Management Association (MBTMA). The City negotiated with the County an interlocal agreement for
Commission Memorandum -South Beach Local
September 24, 2009
Page 2 of 4
which the County would combine and coordinate transit resources to create the South Beach Local. The
agreement subsequently provided an expanded level of service at a significantly lesser cost to the City at
the same time providing for an increase level of service though improved ridership. The CMB/MDT
partnership has not only provided route improvements but also complied with the requirements of the
Peoples Transportation Plan (PTP). The agreement between the City and MDT captures the benefit of
the increased spending by MDT as well as shared resources to provide the community with a higher
level of service.
On February 5, 2009, the City Commission approved the extension of the South Beach Local route to
Collins Park and Belle Isle, which were both implemented by MDT on June 14, 2009. The new Collins
Park bus stop is on 21St Street and Park Avenue and provides residents with access to the Bass
Museum, Miami City Ballet, Miami Beach Library and the Beachwalk at 21St Street. The new Belle Isle
bus stop is on the Venetian Causeway at Island Avenue East. The new stops have increased travel
times as well as headways, or frequency of bus service, for the SBL. During off peak hours, the
headways were changed from every 15 minutes to every 20 minutes, and during peak hours, the
headways were changed from every 10 minutes to every 12 minutes. City staff has been monitoring
ridership at these new stops in coordination with MDT.
Annual ridership for the South Beach Local in FY 2008 decreased by 119,129 compared to ridership in
FY 2007. FY 2009 ridership data to date shows a 36 percent decrease from FY 2008 data for the same
period of time. A comparison of ridership data for the South Beach Local for FY 2007, FY 2008, and FY
2009 to date is provided below.
South Beach Local Ridership Data:
Month FY 2007 FY 2008 FY 2009
OCt 168,825 268,558 113,504
Nov 184,270 177,550 94,180
Dec 178, 958 159, 774 122, 059
Jan 193,977 166,717 135,246
Feb 177,894 180,562 139,308
Mar 218,715 176,585 122,535
A r 199,188 207,913
Ma 207,996 178,121
June 283,247 239,810
Jul 242,257 240,218
Au 246,927 192,781
Set 192,567 187,103
Total 2,494,821 2,375,692 726,832
Source: Kidershfp Technical Reports, MDl
Resolution No. 2005-25934 also approved the City's participation in the first five (5) years of cost for the
South Beach Local.
Additional circulators are being developed for the Mid-Beach and North Beach areas of the city. The City
is currently in negotiations with the Miami-Dade Transit as to the funding of these circulators. The
Commission Memorandum -South Beach Local
September 24, 2009
Page 3 of 4
proposed appropriation will fully expend the PTP funds anticipated for circulators in the City. The South
Beach Local has typically utilized more Parking Enterprise and Concurrency funding. If North Beach and
Mid Beach circulators are implemented, some of the PTP funds may need to be expended for these
circulators in lieu of expending on the South Beach Local. At that time, additional appropriations from
Parking Enterprise and the South Beach Concurrency funds would be necessary for the South Beach
Local.
Funding for the City's FY 2009/10 operating cost for circulators in the City are recommended as follows:
$1,159,467 FY 2008/09 PTP Funds
$ 18,320 FY 2009/10 South Beach Concurrency Mitigation Funds
$1,177,787 FY 2009/10 Miami Beach Share
PTP Administrative and Technical Assistance
Pursuant to Miami-Dade County Ordinance 02-116, 5% of PTP funds received may be appropriated for
administrative assistance and 4% for technical assistance (See Attachment 1. Ordinance 02-116).
Administrative and technical operating expenditures to be paid for with PTP funding ($157,735) for the
City's FY 2009/10 are recommended in Attachment 2. "PTP Operating Expenditure Chart".
A percentage of the salaries of the Public Works Transportation Division staff qualify as administrative
and technical assistance. Administrative assistance by the Transportation Manager includes but is not
limited to the following responsibilities: overall management of PTP funding; deciding the allocation of
PTP funding to the various projects; capital budget preparation; review of all PTP documents; and
attendance to PTP workshops and meetings at Miami-Dade County. Technical assistance by the
Transportation Manager includes but is not limited to the following responsibilities: overall management
of all PTP projects including 16th Street Roadway Improvement Project, Coastal Communities
Transportation and Transit Master Plans, the Bicycle Program, and Pedestrian Improvement Projects;
review of plans and other documents on all PTP funded projects; coordination with various state, county
and local agencies on all PTP funded projects; development of design plans for PTP funded projects.
Administrative assistance by the Transportation Coordinator includes but is not limited to the following
responsibilities: assists the Transportation Manager with managing PTP funding; prepares all PTP
documents, including the Five Year PTP Plan, Quarterly Reports, Commission items, internal memos,
Letters to the Commission, and correspondence to Miami-Dade County; assists with Miami-Dade
County's audit of PTP funds; tracks all PTP fund expenditures; tracks PTP revenue on a monthly and
yearly basis; and prepares reconciliations of PTP funds. Technical assistance by the Transportation
Coordinator includes but is not limited to the following responsibilities: assists the Transportation
Manager with managing PTP funded projects; review of plans and other documents on all PTP funded
projects; coordination with various state, county, and local agencies on all PTP funded projects. The
salary figures and percentages indicated in the PTP Operating Expenditure Chart are directly in support
of the program.
Coastal Communities Transit Study Projects
The Coastal Communities Transit Study (CCTS) was developed by the Center for Urban Transportation
Research (CUTR) in coordination with Miami-Dade Transit (MDT). The CCTS is an operations study that
focuses on improving the operational efficiency of buses through a route segment analysis. The CCTS
aims to improve service quality to the County's transit customers and provides recommendations for
improving and balancing transit service efficiency through the consolidation of existing bus routes and
improvement of quality of service. The CCTS provides a list of transit projects to be implemented in
Commission Memorandum -South Beach Local
September 24, 2009
Page 4 of 4
short, mid, and long-term phases. The projects will require coordination with MDT and will include an
extensive public involvement process. Projects include Phase 1 and Phase 2 Bus Route Operation
Changes, South Beach Transit Center, Middle Beach Local Circulator, and North Beach Local Circulator.
The total projected allocation for the FY 2008/09 Peoples Transportation Plan is approximately
$2,807,757. The funds are distributed as follows a) $1,159,467 for transit related projects (including the
contribution for local circulators), b) $157,735 for administrative expenses, c) $100,000 for Coastal
Communities transit studies, and d) $1,390,555 for capital projects.
CONCLUSION
The Administration recommends that the Mayor and City Commission adopt the attached resolution
which requests approving the appropriation of $1,159,467 from FY 2008/09 PTP funds and $18,320 from
FY2009/10 South Beach Concurrency Mitigation Funds, to fund local circulators in Miami Beach; the
appropriation of $157,735 in FY 2008/09 PTP funds for administrative and technical assistance; and the
appropriation of $100,000 in FY 2008/09 PTP funds for transit planning studies for the recommended
projects in the CCTS.
Attachment:
1. Ordinance 02-116
2. PTP Operating Expenditure Chart
JMG/TH/FHB/FV/XF/CL
T:WGENDA\2009\September 24\Consent\SBL MEMO.doc
Attachment 1
ARTICLE XVI. ONE HALF OF ONE PERCENT CHARTER COUNTY TRANSIT SYSTEM
SALES SURTAX AUTHORIZED BY SECTION 212.055(1) FLORIDA STATUTES (2001)
Sec. 29-121. Sales surtax levied.
There is hereby levied and imposed a one half of one percent discretionary sales surtax
authorized by Section 212.055(1), Florida Statutes (2001) on all transactions occurring in Miami-
Dade County which transactions are subject to the state tax imposed on sales, use, rentals,
admissions and other transactions by Chapter 212, Florida Statutes (2001).
(Ord. No. 02-116, § 1, 7-9-02)
Sec. 29-122. Surtax rate, limitations.
The surtax rate shall be one-half of one percent on the amount of taxable sales and
taxable purchases representing such transactions. The limitations, conditions and provisions
contained in Section 212.054, Florida Statutes (2001) as the same may be amended and
supplemented from time to time are hereby incorporated herein.
(Ord. No. 02-116, § 1, 7-9-02)
Sec. 29-122.1. Exemption from Sales Surtax.
All exemptions applicable to the discretionary sales surtax contained in Chapter 212,
Florida Statutes are hereby incorporated herein as the same may be amended and supplemented
from time to time including, but not limited to, the following:
1. The sales amount above $5,000 on any item of tangible personal property shall not be subject
to the surtax. However, charges for prepaid calling arrangements, as defined in Section
212.05(1)(e)1.a. Fla. Stats., shall be subject to the surtax. For purposes of administering the
$5,000 limitation of an item of tangible personal property, if two or more taxable items of tangible
personal property are sold to the same purchaser at the same time and, under generally
accepted business practice or industry standards or usage, are normally sold in bulk or are items
that, when assembled, comprise a working unit or part of a working unit, such items must be
considered a single item for purposes of the $5,000 limitation when supported by a charge ticket,
sale slip, invoice, or other tangible evidence of a single sale or rental.
2. The sale at retail, the rental, the use, the consumption, the distribution, and the storage to be
used or consumed in this state of the following are hereby specifically exempt from the sales
surtax imposed by this article.
(1) Exemptions; Genera! Groceries.
(a) Food products for human consumption are exempt from the sales surtax imposed by this
article.
(b) For the purpose of this article, as used in this subsection, the term "food products" means
edible commodities, whether processed, cooked, raw, canned, or in any other form, which are
generally regarded as food. This includes, but is not limited to, all of the following:
1. Cereals and cereal products, baked goods, oleomargarine, meat and meat products, fish and
seafood products, frozen foods and dinners, poultry, eggs and egg products, vegetables and
vegetable products, fruit and fruit products, spices, salt, sugar and sugar products, milk and dairy
products, and products intended to be mixed with milk.
2. Natural fruit or vegetable juices or their concentrates or reconstituted natural concentrated
fruit or vegetable juices, whether frozen or unfrozen, dehydrated, powdered, granulated,
sweetened or unsweetened, seasoned with salt or spice, or unseasoned; coffee, coffee
substitutes, or cocoa; and tea, unless it is sold in a liquid form.
3. Bakery products sold by bakeries, pastry shops, or like establishments that do not have
eating facilities.
(c) The exemption provided by this subsection does not apply:
1. When the food products are sold as meals for consumption on or off the premises of the
dealer.
2. When the food, products are furnished, prepared, or served for consumption at tables, chairs,
or counters or from trays, glasses, dishes, or other tableware, whether provided by the dealer or
by a person with whom the dealer contracts to furnish, prepare, or serve food products to others.
3. When the food products are ordinarily sold for immediate consumption on the seller's
premises or near a location at which parking facilities are provided primarily for the use of patrons
in consuming the products purchased at the location, even though such products are sold on a
"take out" or "to go" order and are actually packaged or wrapped and taken from the premises of
the dealer.
4. To sandwiches sold ready for immediate consumption on or off the seller's premises.
5. When the food products are sold ready for immediate consumption within a place, the
entrance to which is subject to an admission charge.
6. When the food products are sold as hot prepared food products.
7. To soft drinks, which include, but are not limited to, any nonalcoholic beverage, any
preparation or beverage commonly referred to as a "soft drink," or any noncarbonated drink made
from milk derivatives or tea, when sold in cans or similar containers.
8. To ice cream, frozen yogurt, and similar frozen dairy or nondairy products in cones, small
cups, or pints, popsicles, frozen fruit bars, or other novelty items, whether or not sold separately.
9. To food prepared, whether on or off the premises, and sold for immediate consumption. This
does not apply to food prepared off the premises and sold in the original sealed container, or the
slicing of products into smaller portions.
10. When the food products are sold through a vending machine, pushcart, motor vehicle, or
any other form of vehicle.
11. To candy and any similar product regarded as candy or confection, based on its normal use,
as indicated on the label or advertising thereof.
12. To bakery products sold by bakeries, pastry shops, or like establishments that have eating
facilities, except when sold for consumption off the seller's premises.
13. When food products are served, prepared, or sold in or by restaurants, lunch counters,
cafeterias, hotels, taverns, or other like places of business.
(d) As used in this subsection (1 ), the term:
1. "For consumption off the seller's premises" means that the food or drink is intended by the
customer to be consumed at a place away from the dealer's premises.
2. "For consumption on the seller's premises" means that the food or drink sold may be
immediately consumed on the premises where the dealer conducts his or her business. In
determining whether an item of food is sold for immediate consumption, there shall be .considered
the customary consumption practices prevailing at the selling facility.
3. "Premises" shall be construed broadly, and means, but is not limited to, the lobby, aisle, or
auditorium of a theater; the seating, aisle, or parking area of an arena, rink, or stadium; or the
parking area of a drive-in or outdoor theater. The premises of a caterer with respect to catered
meals or beverages shall be the place where such meals or beverages are served.
4. "Hot prepared food products" means those products, items, or components which have been
prepared for sale in a heated condition and which are sold at any temperature that is higher than
the air temperature of the room or place where they are sold. "Hot prepared food products," for
the purposes of this subsection, includes a combination of hot and cold food items or components
where a single price has been established for the combination and the food products are sold in
such combination, such as a hot meal, a hot specialty dish or serving, or a hot sandwich or hot
pizza, including cold components or side items.
(e) 1. Food or drinks not exempt under paragraphs (a), (b), (c), and (d) shall be exempt,
notwithstanding those paragraphs, when-purchased with food coupons or Special Supplemental
Food Program for Women, Infants, and Children vouchers issued under authority of federal law.
2. This paragraph (e) is effective only while federal law prohibits a state's participation in the
federal food coupon program or Special Supplemental Food Program for Women, Infants, and
Children if there is an official determination that state or local sales taxes are collected within that
state on purchases of food or drinks with such coupons.
3. This paragraph (e) shall not apply to any food or drinks on which federal law shall permit
sales taxes without penalty, such as termination of the state's participation.
(2) Exemptions medical.
(a) There shall be exempt from the sales surtax imposed by this article any medical products
and supplies or medicine dispensed according to an individual prescription or prescriptions
written by a prescriber authorized by law to prescribe medicinal drugs; hypodermic needles;
hypodermic syringes; chemical compounds and test kits used for the diagnosis or treatment of
human disease, illness, or injury; and common household remedies recommended and generally
sold for internal and external use in the cure, mitigation, treatment, or prevention of illness or
disease in human beings, but not including cosmetics or toilet articles, notwithstanding the
presence of medicinal ingredients therein, according to a list prescribed and approved by the
Department of Health, which list shall be certified to the Department of Revenue from time to time
and included in the rules promulgated by the Department of Revenue. There shall also be exempt
from the sales surtax imposed by this article artificial eyes and limbs; orthopedic shoes;
prescription eyeglasses and items incidental thereto or which become a part thereof; dentures;
hearing aids; crutches; prosthetic and orthopedic appliances; and funerals. In addition, any items
intended for one-time use which transfer essential optical characteristics to contact lenses shall
be exempt from the sales surtax imposed by this article, however, this exemption shall apply only
after $100,000 of the sales surtax imposed by this article on such items has been paid in any
calendar year by a taxpayer who claims the exemption in such year. Funeral directors shall pay
tax on all tangible personal property used by them in their business.
(b) For the purposes of this subsection (2):
1. "Prosthetic and orthopedic appliances" means any apparatus, instrument, device, or
equipment used to replace or substitute for any missing part of the body, to alleviate the
malfunction of any part of the body, or to assist any disabled person in leading a normal life by
facilitating such person's mobility. Such apparatus, instrument, device, or equipment shall be
exempted according to an individual prescription or prescriptions written by a physician licensed
under chapter 458, chapter 459, chapter 460, chapter 461, or chapter 466, Florida Statutes, or
according to a list prescribed and approved by the Department of Health, which list shall be
certified to the Department of Revenue from time to time and included in the rules promulgated by
the Department of Revenue.
2. "Cosmetics" means articles intended to be rubbed, poured, sprinkled, or sprayed on,
introduced into, or otherwise applied to the human body for cleaning, beautifying, promoting
attractiveness, or altering the appearance and also means articles intended for use as a
compound of any such articles, including, but not limited to, cold creams, suntan lotions, makeup,
and body lotions.
3. 'Toilet articles" means any article advertised or held out for sale for grooming purposes and
those articles that are customarily used for grooming purposes, regardless of the name by which
they may be known, including, but not limited to, soap, toothpaste, hair spray, shaving products,
colognes, perfumes, shampoo, deodorant, and mouthwash.
4. "Prescription" includes any order for drugs or medicinal supplies written or transmitted by any
means of communication by a duly licensed practitioner authorized by the laws of the state to
prescribe such drugs or medicinal supplies and intended to be dispensed by a pharmacist. The
term also includes an orally transmitted order by the lawfully designated agent of such
practitioner. The term also includes an order written or transmitted by a practitioner licensed to
practice in a jurisdiction other than this state, but only if the pharmacist called upon to dispense
such order determines, in the exercise of his or her professional judgment, that the order is valid
and necessary for the treatment of a chronic or recurrent illness. The term also includes a
pharmacist's order for a product selected from the formulary created pursuant to Sec. 465.186
Fla. Stats. A prescription may be retained in written form, or the pharmacist may cause it to be
recorded in a data processing system, provided that such order can be produced in printed form
upon lawful request.
(c) Chlorine shall not be exempt from the tax imposed by this article when used for the treatment
of water in swimming pools.
(d) Lithotripters are exempt.
(e) Human organs are exempt.
(f) Sales of drugs to or by physicians, dentists, veterinarians, and hospitals in connection with
medical treatment are exempt.
(g) Medical products and supplies used in the cure, mitigation, alleviation, prevention, or
treatment of injury, disease, or incapacity which are temporarily or permanently incorporated into
a patient or client by a practitioner of the healing arts licensed in the state are exempt.
(h} The purchase by a veterinarian of commonly recognized substances possessing curative or
remedial properties which are ordered and dispensed as treatment for a diagnosed health
disorder by or on the prescription of a duly licensed veterinarian, and which are applied to or
consumed by animals for alleviation of pain or the cure or prevention of sickness, disease, or
suffering are exempt. Also exempt are the purchase by a veterinarian of antiseptics, absorbent
cotton, gauze for bandages, lotions, vitamins, and worm remedies.
(i) X-ray opaques, also known as opaque drugs and radiopaque, such as the various opaque
dyes and barium sulphate, when used in connection with medical X rays for treatment of bodies
of humans and animals, are exempt.
(j) Parts, special attachments, special lettering, and other like items that are added to or
attached to tangible personal property so that a handicapped person can use them are exempt
when such items are purchased by a person pursuant to an individual prescription.
(k) This subsection (2) shall be strictly construed and enforced.
(Ord. No. 02-116, § 1, 7-9-02)
Sec. 29-123. Administration, collection and enforcement.
The Florida Department of Revenue shall administer, collect and enforce the surtax
levied hereunder pursuant to the procedures specified in Sec. 212.054(4) Fla. Stats. (2001) as
the same may be amended or renumbered from time to time.
(Ord. No. 02-116, § 1, 7-9-02)
Sec. 29-124. Special fund created; uses of surtax proceeds; and role of Citizens'
Independent Transportation Trust.
The surtax proceeds collected by the State and distributed hereunder shall be deposited
in a special fund set aside from other County funds in the custody of the Finance Director of the
County. Moneys in the special fund shall be expended for the transportation and transit projects
(including operation and maintenance thereof) set forth in Exhibit 1 to this article (including those
projects referenced in the ballot question presented to the electors to approve this levy), subject
to any amendments thereto made in accordance with the MPO process or made in accordance
with the procedures specified in subsection (d) of this Section.
Expenditure of surtax proceeds shall be subject to the following limitations:
(a) Surtax proceeds shall be applied to expand the Golden Passport Program to all persons
(regardless of income level who are over the age of 65 or are drawing Social Security benefits,
and to provide fare-free public transportation service on Metromover, including extensions.
(b) Surtax proceeds may only be expended for the transportation and transit purposes specified
in Section 212.055(1)(d)1--3 Fla. Stats. (2001).
(c) The County shall not expend more than five percent of the County's share of surtax proceeds
on administrative costs, exclusive of project management and oversight for projects funded by the
surtax.
(d) The County Commission shall not delete or materially change any County project contained
in the list attached as Exhibit 1 to this article nor add any project to the list except in accordance
with the procedures set forth in this subsection (d). A proposed deletion, material change or
addition of a County project shall be initially reviewed by the Citizens' Independent Transportation
Trust ('Trust"), which shall forward a recommendation thereon to the County Commission. The
County Commission may either accept or reject the Trust's recommendation. If the County
Commission rejects the recommendation, the matter shall be referred back to the Trust for its
reconsideration and issuance of a reconsidered recommendation to the County Commission. The
County Commission may approve, change or reject the Trust's reconsidered recommendation. A
two-thirds vote of the Commission membership shall be required to take action other than as
contained in the reconsidered recommendation of the Trust. The foregoing notwithstanding, the
list of County projects contained in Exhibit 1 may be changed as a result of the MPO process as
mandated by federal and state law.
(e) No surtax proceeds may be used to pay the costs of a contract awarded by action of the
County Commission until such action has become final (either by expiration of ten days after such
action without veto by the Mayor, or by Commission override of a veto) and either: i) the Trust has
approved same; or, ii) in response to the Trust's disapproval, the County Commission re-affirms
its award by two-thirds (2/3) vote of the Commission's membership. The bid documents for all
County contracts funded in whole or in part with surtax proceeds shall provide that no award shall
be effective and no contractual relationship shall arise with the County unless and until approved
by the Trust or re-affirmed by the County Commission as provided in this subsection.
(f) Twenty percent of surtax proceeds-shall be distributed annually to those cities existing as of
November 5, 2002 that meet the following conditions:
(i) That continue to provide the same level of general fund support for transportation that is in
their FY 2001-2002 budget in subsequent Fiscal Years. Any surtax proceeds received shall be
applied to supplement, not replace a city's general fund support for transportation;
(ii) That apply 20 percent of any surtax proceeds received to transit uses in the nature of
circulator buses, bus shelters, bus pullout bays or other transit-related infrastructure. Any city that
cannot apply the 20 percent portion of surtax proceeds it receives as provided in the preceding
sentence, may contract with the County for the County to apply such proceeds on a County
project that enhances traffic mobility within that city and immediately adjacent areas. If the city
cannot expend such proceeds in accordance with either of the preceding sentences, then such
proceeds shall cant' over and be added to the overall portion of surtax proceeds to be distributed
to the cities in the ensuing year and shall be utilized solely for the transit uses enumerated in this
subsection (ii); and
(iii) Surtax proceeds distributed amongst the existing cities shall be distributed on a pro rata
basis based on the ratio such city's population bears to the total population in all such cities (as
adjusted annually in accordance with the Estimates of Population prepared by the Bureau of
Economic and Business Research of the University of Florida) annually to those cities that
continue to meet the foregoing conditions. For purposes of the foregoing, whenever an
annexation occurs in an existing city, the number of persons residing in such annexed area at the
time it is annexed shall be excluded from all calculations. Increases in population in areas
annexed over and above the population in such area at the time of annexation which occur after
annexation shall be included in subsequent years' calculations.
(iv) that do not expend more than 5% of its municipal share of surtax proceeds on administrative
costs, exclusive of project management and oversight for projects funded by the surtax.
Administrative costs shall be defined as overhead expenses which are not readily attributable to
any one particular project funded in whole or in part by transit surtax funds.
(g) Newly incorporated municipalities shall have the right to negotiate with the County for a pro
rata share of the sales surtax, taking into consideration the neighborhood and municipal projects
identified in Exhibit 1, as amended, within the boundaries of the new municipalities. The
preceding sentence shall not affect the twenty (20) percent share provided herein for
municipalities existing on November 5, 2002.
(Ord. No. 02-116, § 1, 7-9-02; Ord. No. 06-138, § 1, 9-26-06)
Attachment 2
PTP Operating Expenditure Chart
PTP Administrative Support -Eligible expense NTE 5%
FY 2010 Budget
Transportation Coordinator (50%) 39,616.32
Transportation Manager (15%) 14,622.36
Sub-Total 54,238.68
PTP Technical Support -Eligible expense NTE 4%
Transportation Coordinator (50%)
Transportation Manager (30%)
Professional Services
Sub-Total
Grand Total
FY 2010 Budget
19, 740.83
28,945.38
54,810.11
103,496.32
157,735.00