2012-3755 Ordinance ORDINANCE NO. 2012-3755
AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA,
AMENDING CHAPTER 100 OF THE MIAMI BEACH CITY CODE, BY
CREATING ARTICLE II ENTITLED, "ENERGY ECONOMIC
DEVELOPMENT ZONE PILOT PROGRAM;" CREATING SECTIONS
100-21 THROUGH 100-27 THEREOF, PROVIDING FOR PURPOSE,
DEFINITIONS, ENERGY ECONOMIC DEVELOPMENT ZONE
BOUNDARIES, ELIGIBILITY CRITERIA, ENERGY EFFICIENCY
STANDARDS, AND PROGRAM GUIDELINES AND REVIEW TO
ALLOW BUSINESSES IN THE CITY TO PARTICIPATE IN THE
FLORIDA ENERGY ECONOMIC DEVELOPMENT ZONE PILOT
PROGRAM, AS FURTHER DETAILED IN THE ORDINANCE;
PROVIDING FOR SEVERABILITY; CODIFICATION, REPEALER,
AND AN EFFECTIVE DATE.
WHEREAS, in 2009, the Florida Legislature created the Energy Economic Zone (EEZ)
Pilot Program (Section 377.809, Florida Statutes) for purposes of developing a model to help
communities cultivate green economic development, encourage renewable electric energy
generation, and promote the manufacturing of products that contribute to energy conservation
and green jobs; and
WHEREAS, the aforestated State legislation sets forth an application process for local
governments applying to the State for designation as a pilot community and limited eligible
locations within a pilot community to adopted urban service areas and a county landfill outside
the urban service boundary; and
WHEREAS, the application process requires applicants to indicate: (1) the anticipated
boundaries of the EEZ; (2) how the projected EEZ would lend itself to mixed-use and form-
based standards, multimodal transportation facilities and/or renewable energy facilities; and (3)
a strategic plan illustrating how the EEZ would allow for promotion of land use and development
patterns to: (i) reduce reliance on automobiles; (ii) encourage certified green building
development and renewable energy systems; (iii) encourage creation of green jobs; and (iv)
demonstrate how local financial and regulatory incentives will be used in the EEZ; and
WHEREAS, in 2009, Sarasota County and the City of Miami Beach were selected by the
State as the two communities to participate in the EEZ Pilot Program; and
WHEREAS, in 2011, the Legislature amended Section 377.809, Florida Statutes,
providing that all the incentives and benefits available to enterprise zones pursuant to State law,
and other specifically identified benefits, will be available within an EEZ, and setting forth the
process by which each of the EEZ governing bodies would implement the EEZ Program within
its jurisdiction; and
WHEREAS, in order to provide EEZ incentives, the EEZ governing body must adopt an
ordinance no later than March 1, 2012, that establishes the boundaries of the EEZ; specifies
applicable energy efficiency standards for businesses within the EEZ; and determines eligibility
criteria for those businesses applying for EEZ incentives; and
WHEREAS, Section 377.809, Florida Statutes, further provides that, effective July 1,
2012, the total amount of State credits, refunds and exemptions that may be provided by each
EEZ governing body to eligible businesses for EEZ incentives is $300,000 in any State fiscal
year; and
WHEREAS, If the $300,000 incentive cap is not fully used in any single State fiscal
year, the unused amount of the cap may be carried forward for up to 5 years; and
WHEREAS, each EEZ governing body is responsible for allocating the incentives, for
verifying that businesses receiving such incentives are eligible for the incentives provided, and
for ensuring that the incentives provided do not exceed the cap for the State fiscal year; and
WHEREAS, as provided by law, no later than February 15, 2015, the Florida
Department of Economic Opportunity (DEO) is to evaluate each EEZ Pilot Program and report
to the Governor and Legislature any recommended revisions.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Chapter 100 of the Miami Beach City Code is hereby amended by creating a new
Article II, entitled "Energy Economic Development Zone Pilot Program," as follows:
ARTICLE II. - ENERGY ECONOMIC DEVELOPMENT ZONE PILOT PROGRAM
Sec. 100-21. Purpose.
The Energy Economic Development Zone Pilot Program was created in 2009, pursuant to
Section 377.809, Florida Statutes, to help communities such as the City of Miami Beach
cultivate green economic development, encourage renewable electric energy generation,
manufacture products that contribute to energy conservation and preen lobs. The City of Miami
Beach is a high-density urban city, which has implemented many sustainability and energy
efficiency initiatives. The Energy Economic Development Zone Pilot Program provides the City
with additional resources and support to continue implementation of the City's Sustainability
Plan, and it is in the best interest of the City and its citizens to participate in the Pilot Program.
Sec. 100-22. Definitions.
The following words, terms and phrases, when used in this article, shall have the meaning
ascribed to them in this section, except where the context clearly indicates a different meaning,
or as may be amended from time to time.
City Commission means the Miami Beach City Commission.
Clean Technology Sector Business means a business that produces products, services, and
processes that harness renewable materials and energy sources, dramatically reduce the use of
natural resources, and cut or eliminate emissions and wastes.
Green Business means a business that is managed to minimize adverse environmental impacts
regardless of the product or services the business offers.
Green Lodging Establishment means a hotel that has been designated as a Green Lodging
Establishment by the Florida Department of Environmental Protection.
LEED means the Leadership in Environmental and Energy Design program administered by the
United States Green Building Council.
Sec. 100-23. Energy Economic Development Zone Boundaries.
The Energy Economic Development Zone shall be comprised of the entirety of the City of Miami
Beach.
Sec. 100-24. Eligibility Criteria.
In order for a business within the City of Miami Beach to be eligible to apply for an Enerqy
Economic Development Zone incentive, it must satisfy the following criteria:
(a) The business is located within the boundaries of the Ener-gy Economic Development
Zone, as defined in Section 100-23: and
(b) The business is or becomes either a Clean Technology Sector Business or a Green
Business, as both are defined in Section 100-22, and meets or exceeds the Enerqy
Efficiency Standards set forth in Section 100-25: or
(c) The business is or becomes LEED certified: or
(d) The business is or becomes a Green Lodging Establishment, as defined in Section 100-
22.
Sec. 100-25. Enerqy Efficiency Standards
A business within the City of Miami Beach applying for an Energy Economic Development Zone
incentive must meet one of the following standards:
(a) The business must achieve an ENERGY STAR Rating of 50 or higher in each of the
buildings that are the subject of the Enemy Economic Development Zone application, and
attach to the application a report from the ENERGY STAR Portfolio Manager Program verifying
the ENERGY STAR rating: or
(b) The business must achieve the energy efficiency standards of one of the following
programs:
(i) the Green Lodging Program administered by the Florida Department of
Environmental Protection: or
(ii) the Leadership in Environmental and Energy Design Program, administered by
the U.S. Green Building Council.
Sec. 100-26. Program Guidelines.
The City Commission may adopt, by resolution, its own Energy Economic Development Zone
Program Guidelines, which may include, among other provisions, prioritization of the eligibility
criteria: allocation of incentives based on eligibility criteria; and the process for application
review and incentive approval. The Sustainability Committee shall review the City's proposed
Energy Economic Development Zone Program Guidelines no later than six (6) months from the
date of adoption of this Ordinance, and at least annually thereafter throughout the duration of
the Program, to determine if any revisions should be recommended to the City Commission. If
the City Commission does not adopt the initial Guidelines by July 1, 2012, then the City shall
implement the Program as provided pursuant to the State's guidelines.
Sec. 100-27. Program Admin'i'stration.
The Energy Economic Development Zone Program and the incentives provided by the State of
Florida to businesses participating in the Program will be reviewed and administered by the
City's Economic Development Division.
SECTION 2. Repealer.
All ordinances or parts of ordinances and all sections and parts of sections in conflict herewith
be and the same are hereby repealed.
SECTION 3. Codification.
It is the intention of the City Commission, and it is hereby ordained that the provisions of this
ordinance shall become and be made part of the Code of the City of Miami Beach as amended;
that the sections of this ordinance may be renumbered or relettered to accomplish such
intention, and that the word "ordinance" may be changed to "section" or other appropriate word.
SECTION 4. Severability.
If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder
shall not be affected by such invalidity.
SECTION 5. Effective Date.
This Ordinance shall take effect upon filing with the Office of Secretary of State of the State of
Florida.
PASSED AND DULY ADOPTED Pul-c-A,he ayor and City Commis ion of the City of
Miami Beach, Florida, this 131 day of 12012.
AY R
ATTEST: I
Y6 Cup `t
City CLERK �� BF'9 APPROVED AS TO
FORM AND LANGUAGE
S S & FOR EXECUTION
* INCORP ORATED ]
�'•. : 4(r) Attorney Date
First Reading: ..........26TM
Second Reading:
Underscore denotes new language.
Strike-through deRetes deleted Lanni iai+e
T:\AGENDA\2012\3-21-12\Ecozone Ordinance FINAL AS ADOPTED SECOND READING.doc
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance creating Article II of Chapter 100 entitled "Energy Economic.Development=ZonePilot Program, providing criteria to allow businesses to participate in the Florida Energy Economi
Program.
Key Intended Outcome Supported:
Enhance the environmental sustainability of the community.
Supporting Data (Surveys, Environmental Scan, etc.): According to the 2009 Customer Satisfaction
Survey, 86%of respondents of the environmental scan reported Miami Beach as an Excellent/Good place
to live.
Issue:
Shall the City Commission adopt the Ordinance on Second and Final Reading?
Item Summa /Recommendation: SECOND READING.PUBLIC HEARING
In 2009,the Florida Legislature created the Energy Economic Zone pilot program Chapter 2009-89,Laws of Florida
(House Bill 5013, 2009) for the purpose of developing a model to help communities cultivate green economic
development, encourage renewable electric energy generation, manufacture products that contribute to energy
conservation and green jobs, and other activities related to energy efficiency and land use planning. The City of
Miami Beach was selected as a pilot community.
In 2011,the legislature passed,and the Governor signed additional legislation for the EEZ pilot programs regarding
incentives(Chapter 2011-223, Laws of Florida(House Bill 879,2011). Under that law,Miami Beach must adopt an
ordinance establishing an EEZ incentive program.
The draft Ordinance is intended to keep the program simple and minimize the resources needed for implementation
and administration of the program,to keep administration of the program efficient,and to make the program friendly
and not burdensome for the applicants. To this end, the Administration recommends that the determination of
whether or not a business has met certain thresholds of energy efficiency and sustainability be determined by their
participation in already established programs. The Administration recommends that the following businesses be
eligible for the incentives approved by the State of Florida:LEED certified projects;Green Lodging Establishments;or
Businesses which achieve an ENERGY STAR Rating of 50 or higher.
The Mayor and City Commission adopted the Ordinance on First Reading and referred the Ordinance to the Land
Use and Development Committee(LUDC)for further discussion.The LUDC discussed the proposed ordinance and
recommended that, at least initially, the program should be available for both renovations and new construction.
Additionally,the LUDC recommended that the program be administered through a competitive process.
THE ADMINISTRATION RECOMMENDS ADOPTING THE ORDINANCE ON SECOND AND FINAL
READING.
Adviso Board Recommendation:
Sustainability Committee, January 17, 2012; Land Use Committee, February 15, 2012.
Financial Information:
Source of Amount Account
Funds:
N/A _ 2
3 .
4 :
OBPI Total
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
Kevin Crowder, Extension 6186
Si n-Offs:
De ent Mirector As i Ma ager City Manager
KC 1 HF G
TMGEN 012 2-8-1 Ecozone ummary.doc
Im111
/\/\1AM1BE1M%\C.4H AGENDA M 1�5�
DATE
MAMI B
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
MEMO# COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
SECOND READING
DATE: March 21, 2012 PUBLIC HEARING
SUBJECT: AN ORDINANCE OF THE CITY IAMI BEACH, FLORIDA,
AMENDING CHAPTER 100 OF THE MIAMI BEACH CITY
CODE, BY CREATING ARTICLE II ENTITLED, "ENERGY
ECONOMIC DEVELOPMENT ZONE PILOT PROGRAM;"
CREATING SECTIONS 100-21 THROUGH 100-27 THEREOF,
PROVIDING FOR PURPOSE, DEFINITIONS, ENERGY
ECONOMIC DEVELOPMENT ZONE BOUNDARIES,
ELIGIBILITY CRITERIA, ENERGY EFFICIENCY STANDARDS,
AND PROGRAM GUIDELINES AND REVIEW TO ALLOW
BUSINESSES IN THE CITY TO PARTICIPATE IN THE
FLORIDA ENERGY ECONOMIC DEVELOPMENT ZONE
PILOT PROGRAM, AS FURTHER DETAILED IN THE
ORDINANCE; PROVIDING FOR SEVERABILITY;
CODIFICATION, REPEALER, AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Adopt the Ordinance on Second and Final Reading.
BACKGROUND
In 2009, the Florida Legislature created the Energy Economic Zone pilot program Chapter
2009-89, Laws of Florida (House Bill 5013, 2009) for the purpose of developing a model to
help communities cultivate green economic development, encourage renewable electric
energy generation, manufacture products that contribute to energy conservation and green
jobs, and other activities related to energy efficiency and land use planning.
The Florida Department of Community Affairs designated the City of Miami Beach and
Sarasota County as the "Energy Economic Zone Pilot Program Communities." The City of
Miami Beach was specifically designated as the "Urban Service Area: City Redevelopment
Program" model. Intended to provide a model for the development of energy-efficient land use
patterns, the program models include strategies to reduce greenhouse gas emissions,
cultivate green economic development, encourage renewable electric energy generation, and
promote product manufacturing that contribute to energy conservation and green jobs. Once
designated, a community receives technical assistance from the Department of Economic
Opportunity, Division of Strategic Business Development (formerly the Office of Tourism,
Trade and Economic Development), the Office of Energy (formerly the Governor's Office of
Energy and Climate Change) and the Florida Department of Transportation. The intended
result is a series of program models that could serve as a model for Florida's communities
Through the application process, the City designated the entire municipality as the Energy
Economic Zone. With a land area of seven square miles and a 2008 population estimate of
Commission Memorandum
Energy Economic Zone Pilot Program
March 21, 2012
94,040 persons, this densely populated urban area averages about 13,400 people per square
mile. As a compact metropolitan locale, the city lends itself to urban design served by a highly
connected street and trail system designed for multiple modes of transportation. In addition,
opportunities emerge to provide for more efficient use and reuse of infrastructure.
One of the main reasons that the City of Miami Beach was designated was due to the
comprehensive efforts to create and implement the Sustainability Plan and its associated
initiatives. The Sustainability Plan also serves as the Energy Economic Zone Work Plan.
2011 LEGISLATION
In 2011, the legislature passed, and the Governor signed, additional legislation for the EEZ
pilot programs regarding incentives (Chapter 2011-223, Laws of Florida (House Bill 879,
2011). Under that law, Miami Beach must adopt an ordinance establishing an EEZ incentive
program that provides, at a minimum, the following:
• Boundaries of the Energy Economic Zone, with a provision allowing a change in
boundaries by ordinance amendment;
• Energy-efficiency standards; and
• Eligibility criteria for applicants seeking state and local incentives within the EEZ.
House Bill 879 provides that a governing authority (Miami Beach) with jurisdiction over an
Energy Economic Zone may provide no more than $300,000 in incentives in any state fiscal
year. If the $300,000 incentive cap is not fully used, the unused amount may be carried
forward for no more than five (5) years.
The draft Ordinance is intended to keep the program simple and minimize the resources
needed for implementation and administration of the program; to keep administration of the
program efficient; and to make the program friendly and not burdensome for the applicants.
To this end, the Administration recommends that the determination of whether or not a
business has met certain thresholds of energy efficiency and sustainability be determined by
their participation in already established programs. The Administration recommends that the
following businesses be eligible for the incentives approved by the State of Florida:
• LEED certified projects;
• Green Lodging Establishments designated by the Florida Department of
Environmental Protection; or
• Businesses which achieve an ENERGY STAR Rating of 50 or higher in each of the
buildings that are the subject of the Energy Economic Development Zone application
and attach to the application a report from the ENERGY STAR Portfolio Manager
program verifying the ENERGY STAR rating.
The Draft Ordinance provides for approval and revision of the Program Guidelines by
Resolution, and further recommends that the Sustainability Committee review the Energy
Economic Zone program within six (6) months of adoption and annually thereafter to
determine if any revisions should be recommended to the City Commission.
LAND USE AND DEVELOPMENT COMMITTEE DISCUSSION
On February 8, the Mayor and City Commission adopted the ordinance on first reading, and
referred the ordinance to the Land Use and Development Committee (LUDC) for further
discussion. On February 15, 2012, the LUDC discussed the proposed ordinance and
recommended that, at least initially, the program should be available for both renovations and
Commission Memorandum
Energy Economic Zone Pilot Program
March 21, 2012
new construction. Additionally, the LUDC recommended that the program be administered
through a competitive process. The Administration will include a competitive process for
award of the incentives as part of the Program Guidelines which will be presented to the
Mayor and City Commission for approval prior to July 2012. The Program Guidelines may
include, among other provisions, prioritization of the eligibility criteria, the allocation of
incentives based on eligibility criteria, and the process for application review and incentive
approval. The Resolution approving the Program Guidelines must be adopted prior to the
availability of funds in July 2012. The Sustainability Committee has reviewed the Draft
Ordinance, and will also review the Program Guidelines prior to their presentation to the City
Commission.
STATE TAX INCENTIVES
The State of Florida incentives provided by the Ordinance become available on July 1, 2012,
and include the following tax incentives:
• Provides a refund for sales taxes paid on the purchase of certain building materials, up
to $5,000 or 97 percent of the tax paid. For projects where at least 20 percent of the
employees live in the enterprise zone, the refund is the lesser of$10,000 or 97 percent
of the tax paid.
• Provides a refund for sales taxes paid on the purchase of certain equipment, up to
$5,000 or 97 percent of the tax paid. For projects where at least 20 percent of the
employees live in the enterprise zone, the refund is the lesser of$10,000 or 97 percent
of the tax paid
• Provides a sales and use tax credit for up to 30 percent of wages paid to new
employees who live within the enterprise zone.
• Provides a refund for sales taxes paid on the purchase of certain business property, up
to $5,000 or 97 percent of the tax paid per parcel of property, which is used exclusively
in an enterprise zone for at least 3 years.
• Provides 50 percent sales tax refund for donations made to local community
development projects.
• Provides 50 percent sales tax exemption to qualified businesses located within an
enterprise zone on the purchase of electrical energy.
Available state corporate income tax incentives for enterprise zones include:
• Provides a corporate income tax credit for up to 30 percent of wages paid to new
employees who live within the enterprise zone.
• Provides a credit against Florida corporate income tax equal to 96 percent of ad
valorem taxes paid on the new or improved property.
• Provides a 50-percent credit on Florida corporate income tax or insurance premium
tax, or a sales tax refund, for donations made to local community development projects
CONCLUSION
The Administration recommends that the Mayor and City Commission adopt the Ordinance on
second and final reading.
JMG/HF/kc
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NP: THURSDAY,MARCH 1,2012 1 9NE
MIAMI BEACH .
CITY.OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
NOTICE IS HEREBY given that second readings and public hearings will be held by the Mayor and City Commission of the City of Miami Beach,Florida,
in the Commission Chambers,3rd floor,City Hall,1700 Convention Center Drive,Miami Beach,Florida,on WEDNESDAY,March 210,2012 to consider
the following:
10:40 a.m.
Ordinance Amending Chapter 100 Of The Miami Beach City Code,By Creating Article II Entitled,"Econ�omicoDeve'Iopmen�ZonetBoundariesPEligibility
Creating Sections 100-21 Through 100-27 Thereof, Providing For Purpose, Definitions, Energy
Criteria, Energy Efficiency Standards, And Program Guidelines And Review To Allow Businesses In The City To Participate In The Florida Energy
Economic Development Zone Pilot Program,As Further Detailed 16 The Ordinance
Inquiries may be directed to the City Manager's Office at(305)673-7010.
10:45 a.m.
Short Term Rental Of Apartment Units Or Townhomes-Flamingo Park Neighborhood
Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach, By Amending Chapter 142 Of The City Code,
"Zoning Districts And Regulations,"Article IV,"Supplementary District Regulations,"Division 3,"Supplementary Use Regulations,"By Amending Section
142-1111,"Short Term Rental Of Apartment Units Or Townhomes,"To Allow An Extension Of Time For Applications Due To Governmental Error
Inquiries may be directed to the Planning Department at(305)673-7550.
INTERESTED PARTIES are invited to appear at this meeting,or be represented by an agent,or to express their views in writing addressed to the
City Commission,c/o the City Clerk,1700 Convention Center Drive,1st Floor,City Hall,Miami Beach,Florida 33139.Copies of these ordinances are
1700 Convention Center Drive,1st Floor,C
available for public inspection during normal business hours in the City Clerk's Office, City Hall,and Miami
Beach,Florida 33139.This meeting may be'continued and under such circumstances additional legal notice would not be provided.
Robert E.Parcher,City Clerk
City of Miami Beach
Pursuant to Section 286.0105,Fla.Stat.,the City hereby advises the public that:if a person decides to appeal any decision made by the City Commission
with respect to any matter considered at its meeting or its hearing,such person must ensure that a verbatim record of the proceedings is,made,which
record includes the testimony and evidence upon which the appeal is to be based.This notice does not constitute consent by the City for the introduction
or admission of otherwise inadmissible or irrelevant evidence,nor does it authorize challenges or appeals not otherwise allowed by law.
To request this material in accessible format,sign language interpreters,information on access for persons with disabilities,and/or any accommodation.
to review any document or participate in any city-sponsored proceeding,please contact(305)604-2489(voice),(305)673-72180 Y)five days W advance
to initiate your request.TTY users may also call 711 (Florida Relay Service).
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