2010-27515 ResoRESOLUTION NO. 2010-27515
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
.MIAMI BEACH, FLORIDA, AUTHORIZING THE APPROPRIATION OF
$600,000 FROM THE FISCAL YEAR (FY) ..2009/10 PEOPLE'S
TRANSPORTATION PLAN (PTP) FUNDS, $600,000 IN FY .2010111 PTP
FUNDS, AND ($30,000 FROM THE FY 2010/11 CONCURRENCY MITIGATION
SOUTH BEACH FUNDS TO FUND THE OPERATING. BUDGET FOR _ THE
LOCAL CIRCULATORS IN MIAMI BEACH; AND FURTHER APPROPRIATING
$235,000.. FROM FY 2009/10 PTP -FUNDS FOR ADMINISTRATIVE AND
TECHNICAL OPERATING EXPENDITURES, AS PART OF THE FIVE
PERCENT (5%) OF ADMINISTRATIVE ASSISTANCE AND TECHNICAL
ASSISTANCE ALLOWABLE FOR PTP EXPENDITURES.
WHEREAS, Resolution No. 2005-25934,. dated June 8, 2005, authorized the execution
of an Interlocal Agreement (ILA) between the City of Miami Beach (City) and Miami-Dade
County (County) for the operation, by Miami-Dade Transit (MDT), of a new bi-directional transit
circulator service in Miami Beach known as the South Beach Local (SBL); and
I ,
WHEREAS, Resolution No. 2005-25934 also approved the City s contribution to the first
five (5) years of cost for the SBL; .and
WHEREAS, the SBL is scheduled to expire on October 11, 2010, and the City has
conducted negotiations jwith the .County on the terms of a new ILA for the past few months; and
WHEREAS, thelCounty has not agreed to the current financial terms set forth in the
ILA, which identifies the operating costs for the SBL as 34% paid by the City and 66% paid by
the County, and annua~~l increases being limited to the South Florida Consumer Price Index
(CPI) or 3%, whichever is less; and
WHEREAS, the County insists on a 50/50% share of the net operating costs and an
annual increase indexedi to the net operating expenses, so the City has reached out to County
Commissioners requesting that the financial terms of the new ILA remain the same as the
original ILA; -and I
WHEREAS, the Administration proposes to budget for the SBL services at the 34% paid
by the City and 66% paid) by the County share of the net operating costs and an annual increase
limited to the South Florida CPI or 3%, whichever is less; and
.WHEREAS, Miami-Dade County Ordinance 02-116 authorizes five percent (5%) of PTP
funds received to be appropriated for administrative assistance, and an unlimited amount 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 City. has generally been appropriating PTP funds after they were
received by the City, and to improve the management and administration of PTP Funds, City
staff is recommending the appropriation of PTP Funds in advance of their receipt, budgeted at
95% of the County's surtax projections; and
WHEREAS, implementing this new method of appropriating PTP funds requires the City
to appropriate both FY 2009/10 and FY 2010/11 PTP funds in the FY 2010/11 Operating
Budget; and
WHEREAS, $600,000 in FY 2009/10 PTP funds, $600,000 in FY 2010/11 PTP funds,
.and $30,000 from FY 2010/11 Concurrency Mitigation funds have been set aside for the FY
2010/11 operating costs of local circulators in Miami Beach; and $235,000 in FY 2009/10 PTP
funds have been set aside for FY 2010/11 administrative and technical operating expenditures.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY- COMMISSION
OF THE CITY OF MIAMI BEACH, FLORfDA, that the Mayor and City Commission hereby
authorize the appropriation of $600,.000 from Fiscal Year (FY) 2009/10 People's Transportation
Plan (PTP) funds, $600,000 in FY 2010/1.1 PTP funds, and $30,000 from the FY .2010/11
Concurrency .Mitigation South Beach funds to fund the operating budget for the local circulators
in Miami Beach; and further appropriating $235,000 from FY 2009/10 PTP funds for
administrative and technical operating expenditures, as part of the five percent (5%) of
administrative assistance and technical assistance allowable for PTP expenditures.
PASSED AND ADOPTED this ~ day of September, 2010.
ATTEST: .
. .. ,~~ MAYOR
~~~
CITY CLERK
T:\AGENDA\2010\September20\Consent\PTP Operating Funds RESO.DOC
APPROVED AS TO
FORM & LANGUAGE
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COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Authorizing the Appropriation of $600,000 from FY 2009/10 People's Transportation Plan (PTP) Funds,
$600,000 from FY 2010/11 PTP Funds, and $30,000 from FY 2010/11 Concurrency Mitigation Funds to Fund the
Operating Budget for Local Circulators; and Further Appropriating $235,000 from FY 2009/10 PTP Funds for
Administrative and Technical O eratin Ex enditures.
Ke Intended Outcome Su orted:
Improve or maintain traffic flow.
Supporting Data (Surveys, Environmental Scan, etc.): According to the 2009 Customer Satisfaction Survey,
more than half of all respondents, 51.5% reported a willingness to use "local bus circulators" as an alternative to
takin a car.
Issue:
Shall the Ma or and Ci Commission a rove the Resolution?
.~ _ ..
~~~~~~ ~urr~mar ~r<ecvmmenaation:
Resolution No. 2005-25934, dated June 8, 2005, approved an Interlocal Agreement (ILA) between the County and the
City for the operation of the South Beach Local (SBL), a bi-directional bus circulator in South Beach. Because the
SBL expires on October 11, 2010, the City has conducted negotiations with the County on the terms of a new ILA for
the past few months. The County has not agreed to the current financial terms of the ILA in which the cost share of
the operating costs are 34% City and 66% County. The County insists on a 50/50% share of the operating costs. In
addition the County wants an annual increase indexed to the net operating expenses instead of the current term of
the annual increase being limited to the South Florida Consumer Price Index or 3%, whichever is less. The City has
reached out to County Commissioners requesting that the financial terms of the new ILA remain the same as the
original ILA. Awaiting resolution of the new ILA financial terms, the Administration proposes to appropriate the same
level of funding for FY 2010/11 as appropriated for FY 2009/10, as follows:
$ 600,000 FY 2009/10 PTP Funds
$ 600,000 FY 2010/11 PTP Funds
$ 30.000 FY 2010/11 South Beach Concurrency Mitigation Funds
$1,230,000 FY 201.0/11 Miami Beach Share
Five percent (5%) of PTP funds received may be appropriated for administrative and technical assistance.
Administrative and technical operating PTP funding for FY 2010/11 is recommended as follows:
Salaries and Benefits: $112,480
Professional Services: $122 520
FY2010/11 Total: $235,000
In order to improve the management and administration of PTP Funds, City staff is recommending the appropriation
of PTP Funds in advance of their receipt, budgeted at 95 /o of the County s surtax projections. This requires the City
to appropriate FY 2009/10 and FY 2010/11 PTP funds in the FY 2010/11 Operating Budget. The total amount of PTP
funds to be appropriated in FY 2010/11 is $5,244,644, of which $1,435,000 is for operating expenses and $3,809,644
is for capital projects. The total amount of Concurrency Mitigation Funds to be appropriated in FY 2010/11 is
$3,837,000, of which $30,000 is for operating expenses and $3,807,000 is for capital projects.
THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION.
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Financial Information:
Source of
Funds:
O PI
Financiallm a
City Clerk's Office
Fernando Vazquez,
Sign-Offs:
FHB
Amount
1 $ 600, 000
2 $ 600,000
3 $ 30, 000
4 $ 235,000
Total $1,465,000
:t Summary:
Legislative Tracking
ext. 6399
187.8000.312910
187.8000.312910
158.6217.000335
187.8000.312910
Assistant City Ma
JGG
Account
FY 2009/10 PTP)
FY 2010/11 PTP)
CMF/S. Beach)
FY 2009/10 PTP)
City
JMG
D
Funds
~ MIAMIBEACH
~GE~uaA ITEM 1~ `
aA~E - 20- ~
m MIAMI B
City of Miami Bench, 1
CH
Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachN.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager ~-
DATE: September 20, 2010
SUBJECT: A RESOLUTION OF THE MAYOR D CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING THE APPROPRIATION OF
$600,000 FROM THE FISCAL YEAR (FY) 2009/10 PEOPLE'S
TRANSPORTATION PLAN (PTP) FUNDS, $600,000 IN FY 2010/11 PTP
FUNDS, AND $30,000 FROM THE FY 2010/11 CONCURRENCY
MITIGATIONI SOUTH BEACH FUNDS TO FUND THE OPERATING BUDGET
FOR THE LOCAL CIRCULATORS IN MIAMI BEACH; AND FURTHER
APPROPRIATING $235,000 FROM FY 2009/10 PTP FUNDS FOR
ADMINISTRATIVE AND TECHNICAL OPERATING EXPENDITURES, AS
PART OF THE FIVE PERCENT (5%) OF ADMINISTRATIVE ASSISTANCE
AND TECHNICAL ASSISTANCE ALLOWABLE FOR PTP EXPENDITURES.
RECOMMEN
Adopt the Resolution.
FUNDING
Funding to be approp
Miami Beach in the am
$600,000, FY 2010/11
Concurrency Mitigation
2010/11 administrative
PTP Funds.
BACKGROUND
On .November 5, 2002,
of one percent discretic
the state tax imposed c
distributed directly to
Transportation Plan (PT
dated for the FY 2010/11 operating budget for the local circulators in
ount of $1,230,000 as follows: FY 2009/10 PTP Funds in the amount of
PTP Funds in the amount of $600,000, and FY .2010/11 South Beach
Funds in the amount of $30,000. Funding to be appropriated for FY
and technical assistance in the amount of $235,000 from FY 2009/10
Miami-Dade County (County) voters approved the levying of a one half
unary surtax on transactions occurring in the County that are subject to
>n sales. Twenty (20) percent of the proceeds of this surtax are to be
municipalities on a pro rata basis and are known as People's
'P) Funds for use on local transportation and transit projects.
The City entered into an Interlocal Agreement (ILA) with the County on August 13th, 2003 in
order to receive their share of PTP Funds. Since 2003, the City generally had been
appropriating PTP Funds after they were received. In order to improve the management and
administration of PTP Funds, City staff is recommending the appropriation of PTP Funds in
advance of their receipt, budgeted at 95% of the County's surtax projections. Implementing this
new method of appropriating PTP Funds requires the City to appropriate both FY 2009/10 and
FY 2010/11 PTP funds i ~ the FY 2010/11 Operating Budget.
Commission Memorandum -PTP Operating Funds
September 20, 2010
Page 2 of 4
ANALYSIS
South Beach Local Operating Budget
The City Commission adopted Resolution No. 2005-25934, dated June 8, 2005, which executed
an ILA with the County for Miami-Dade Transit (MDT) to operate a bi-directional transit circulator
route service in Miami Beach known as the ".South Beach Local" (SBL). Service commenced on
September 25, 2005 land the SBL replaced both the City's Electrowave Shuttle Service and
MDT's Route W, serving the entire South Beach community.
The SBL ILA expires on October 11, 2010 and City staff has been conducting negotiations with
the County for a newi agreement. On April 20, 2010, City staff met with MDT senior staff to
discuss the terms of the new SBL ILA. At this meeting, the City and County were able to reach
an agreement on the majority of terms of the new SBL ILA, with the exception of the financial
terms. The original ILA stipulates that the contribution from the City would be approximately
34% of the operating cost for the SBL, and the County's contribution would be approximately
66%. In addition the current ILA limits annual increases to South Florida Consumer Price Index
(CPI) or 3%, whichever is less. The County insisted upon revising the SBL ILA so that both the
County and the City contribute 50% of the net operating cost of the SBL, including any future
annual increases. This would require both the County and the City to contribute $1,713,324.50
in FY 2010/11, which would result in a $515,515 cost increase to the City.
On May 5, y
2010, Cit staff met with MDT's Director to further discuss the financial terms of the
new SBL ILA. At the meeting, MDT insisted on a 50/50 -split of the net operating costs and an
annual increase indexed to MDT's net operating cost. Subsequently, the City has reached out to
County Commissioner Barreiro, requesting his support in ensuring that the financial terms of the
contract would remain as stipulated in the original SBL ILA. Awaiting resolution of the new ILA
financial terms, the Administration proposes to budget for the SBL services at the 34% City,
66% County share of the net operating costs and an annual increase limited to the South
Florida CPI or 3%, whichever is less. In addition, the City recommends to budget $30,000 for
other operating expenses for the SBL, such as an annual on-board transit survey and SBL
informational signs at its bus stops.
Based on the above, FY 2010/11 funding for the City's local circulators is recommended as
follows:
$ 600,000 FY 2009/10 PTP Funds
$ 600,000 FY 2010/11 PTP Funds
30,0.00 FY 2010/11 South Beach Concurrence Mitigation Fun
$1,230,000 FY 2010/11 Miami Beach Share
South Beach Local Service and Ridership
In response to residents' requests, on March 10, 2010 the City Commission approved the
following realignments to the SBL, which MDT implemented on June 27, 2010:
1. Belle Isle: The irealignment provides direct service between Belle Isle and Collins Park,
with an added stop at the Social Security Office.
2. Collins Park: The realignment provides service to Collins Avenue and 23~d Street.
3. 5th Street at Alton Road: The realignment added a new stop on the southeast corner of
Alton Road and 6ih Street, which required the SBL to continue north on Alton Road to 9th
Street. This eliminated the existing stops on West Avenue at 6th and 8th Streets.
Commission Memorandum -PTP Operating Funds
September 20, 2010
Page 3 of 4
The realignments have increased travel times as well as headways, or frequency of bus service,
for the SBL. During peak hours, the headways were changed from every 12 minutes to every
13 minutes. City staff has been monitoring ridership in coordination with MDT.
Annual ridership for the SBL in FY 2007/08 decreased 4.8%, compared to ridership in FY
2006/07. FY 2008/09 ridership decreased 31 % relative to FY 2007/2008. To date, monthly
ridership in FY 2009/10 has generally sustained ridership figures from FY 2008/09, with the
exception of a decline in December 2009. The overall decrease in ridership can be attributed to
numerous factors including' a change in the method for collecting ridership data, changes in the
economy, and changes in transit service. Additionally, the County experienced asystem-wide
decrease in transit ridership of approximately 10% when comparing Summer 2008 ridership
data with Summer 2009 data. In spite of the ridership decreases, the South Beach Local is
MDT's most successful operating bus circulator.
Ridership data for theSBLfor FY 2007, FY 2008, FY 2009, and FY 2010 is provided below.
South Beach Local Ridership Data:
South Beach Local Ridership
FY 2006/07 - FY 2009/10
300,000 _ ._ _ _ _ ___ ___ __ __ ___... _
____'
250,000 -__-__-_-_ _-__ ---__-_-- _- _
200,000 _ , _--._---.-_-_-- ~ ~ 2006/07
150,000 '
t _ 2007/08
100 000 I
-
- ! a 2008ro9
O 2009/10
50,000
3
-
0
~°~ Off, ~a~ ~°'° ~`a~ PQ~ ~a~ ,J~° ~J~ PJ°' ~°Q~.
Source: Ridership Technical Reports, MDT
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 an unlimited amount may be appropriated for
technical assistance (See Attachment 1. Ordinance 02-116).
Administrative and technical operating expenditures to be paid for with PTP funding in the
amount of $235,000 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
Commission Memorandum -PTP Operating Funds
September 20, 2010
Page 4 of 4
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 arnonthly 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, f 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.
FY 2010/11 PTP and Concurrency Mitigation Fund Appropriations
The total projected amount of PTP funds to be appropriated in FY 2010/11 is $5,244,644, of
which $1,435,000 is for operating expenses and $3,809,644 is for capital projects. The total
amount of Concurrency Mitigation Funds to be appropriated in FY 2010/11 is $3,837,000, of
which $30,000 is for; operating expenses and $3,807,000 is for capital projects. These
appropriations are provided in the following tables:
Total FY 201
$1,200,
$ 235,
$5,244,
Total FY 201
1 PTP Appropriation:
Local Circulator Operating Expenses
Administrative and Technical Expenses
A •• • ~
Total FY 2010/11 Appropriation
1 Concurrency Mitigation Fund Appropriation:
$ 30,000 Local Circulator Operating Expenses
$3,807.000 Capital Projects
$3,837,000 Total FY 2010/11 Appropriation
CONCLUSION
The Administration recommends that the Mayor and City Commission adopt the resolution
approving the appropriation of $600,000 from FY 2009/10 PTP funds,, $600,000 in FY 2010/11
PTP funds, and $30,000 from the FY 2010/1.1 Concurrency Mitigation South Beach funds to
fund the operating budget for the local circulators in Miami Beach; and further appropriating
$235,000 from FY 2009/10 PTP funds for administrative and technical operating expenditures,
as part of the five percent (5%) of administrative assistance and technical assistance allowable
for PTP expenditures.
Attachments:
1. Ordinance 02-116
2. PTP Operating Expenditure Chart
JMG/JGG/FHB/FV '
T:WGENDA\20101September 20\Con ent\PTP Operating Funds MEMO-rev2.doc
i _. _ __ _ _ ._ _ . _ _ __ . - _ _ . _..
.'
~i
Attachment 1 'I
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 hetjeby 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. Flab. 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; General Groceries.
~a~ rooa 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 beve gage 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 sellers 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 whethe ~ 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 coupori 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 eexempt 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 pules promulgated by the Department of Revenue. There shall also be exempt
from the sales su' ax 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" ~ eans 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 Seca 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 too or by physicians, dentists, veterinarians, and hospitals in connection with
medical treatment a ~e 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 b;y 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 i(2) shall be strictly construed and enforced.
(Ord. No. 02-116, § 1, 7-9-02)
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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)
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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 i;n 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 Commissions 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
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1
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 toy 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 carryover 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 Busaness 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 ink 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 sentencel 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)
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~ Attachment 2
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PTP Operating Expenditure Chart
PTP Administrative Support.- Eligible expense NTE 5%
FY 2011 Budget
Transportation Coordinator .
Salary (50%) ~ 37,373
Pension (50%) I 3,013
Health Ins. (50%) 3,713
Social Security Medicare (50%) 510
Sub-Total 44,609
Transportation Manager
Health Ins. (15%i) 1,100
Social Security Medicare (15%) 201
Sub-Total i 15,178
Total -PTP Administrative .Support 59,787
Sub-Total 30,279
.Total -PTP Technical Support ~ 175,213
GRAND TOTAL, 235,000
Transportation Division- Professional Services
Previous Projects Cost
71st & Dickens Intersection Study $ 24,982
71st St. at Bonita Drive -Exclusive Right-turn Stud $ 11,330
Collins Ave, 63rd to 72nd St. Stud $ 19,465
U date of TIS Methodolo y $ 18,848
16th St. at Alton Rd. Intersection Study $ 9,295
South of 5th Street Stud $ 17,690
Dade Blvd Traffic Counts $ 2,220
Sheridan Ave Traffic Study $ 6,232
Traffic Counts -West Ave and 5th Street $ 7,100
-95 HOT Lanes Stud $ 11,000
Port of Miami Tunnel- Technical Review $ 24,999
FTA Bus Livabilit Grant Application Preparation $ 8,000
SBL Customer Survey $ 1,840
Bike Parkin Locations $ 9,240
South Beach Local Bus Decals $ 20,136
Indian Creek Drive/Dickens/Byron - Safet Stud $ 18,500
Flamin o Traffic Stud $ 6,154
Totals $ 180,719
Potential Projects Estimated Cost
Conversion of Penns Ivania Ave to a Local Road $ 25,000
Alton Road TDLC Stud $ 20,000
17th Street Ped Improvements (Palm View District) $ 20,000
Normandy/71st Pedestrian Improvements $ 25,000
Traffic studies for Commissioner/Resident re uests $ 25,000
Traffic counts on an as-needed basis $ 10,000
Technical reviews of FDOT/Count Pro~ects $ 25,000
Traffic studies related to FDOT/Count Pro~ects $ 25,000
Totals $ 175,000