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