RESOLUTION 92-20574 •
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RESOLUTION NO. 92-20574
A RESOLUTION CALLING FOR A SPECIAL ELECTION TO
BE HELD ON NOVEMBER 3, 1992 FOR THE PURPOSE OF
SUBMITTING TO THE ELECTORATE OF THE CITY OF
MIAMI BEACH A QUESTION REGARDING WHETHER
SECTION 431/2 OF THE MIAMI BEACH CITY CHARTER
SHOULD BE AMENDED TO INCREASE, BY ONE PERCENT
(1%) , THE RESORT TAX ON ROOM RENT, TO BE USED
FOR: (A) 50% FOR PUBLIC INCENTIVES FOR
CONVENTION CENTER HEADQUARTERS HOTEL
DEVELOPMENT, AND UPON RETIREMENT OF ALL DEBT
RELATED THERETO, TO BE USED AS IN (B) BELOW,
AND (B) 50% FOR PROMOTION OF TOURISM RELATED
ACTIVITIES AND FACILITIES, AND DEVELOPING,
IMPROVING AND MAINTAINING TOURISM RELATED
PUBLIC FACILITIES.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH:
SECTION 1.
In accordance with provisions of the Charter of the City of
Miami Beach, Florida and the general laws of the State of Florida,
a Special Election is hereby called and directed to be held in the
City of Miami Beach, Florida, from 7 : 00 a.m. to 7: 00 p.m. on
November 3 , 1992 for the purpose of submitting to the electorate
the question as set forth hereinafter.
SECTION 2 .
That the appropriate and proper Dade County election
officials shall conduct the said Special Election hereby called,
with Dade County' s certification of the results of said Special
Election being accepted by the City Commission. The official
returns for each precinct shall be furnished to the City Clerk of
the City of Miami Beach as soon as the ballots from all precincts
have been tabulated and results duly accepted by said appropriate
Dade County Officials.
SECTION 3 .
Said voting precincts in the City of said Special Election
shall be as established by the proper and appropriate Dade County
Election officials. All electors shall vote at the polling places
and the voting precincts in which the OFFICIAL REGISTRATION BOOKS
show that the said electors reside. A list of the voting precincts
and the polling places therein (subject to change by the Supervisor
of Elections of Dade County, in accordance with the laws of
Florida) is attached hereto as Exhibit A.
SECTION 4 .
Registration of persons desiring to vote in the special
election shall be in accordance with the general law of the State
of Florida governing voter registration. Qualified persons may
register to vote at the City registration office located in the
lobby of City Hall , 1700 Convention Center Drive, Miami Beach,
Florida 33139 , each and every Wednesday until September 30, 1992 ,
between the hours of 9 : 00 a.m. and 4 : 30 p.m. , and at such other
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voter registration centers and during such times as may be provided
by the Supervisor of Elections of Dade County. All questions
concerning voter registration should be directed to the Dade County
Elections Office, 111 Northwest 1st Street, Floor 19 , Miami,
Florida 33130; Mailing Address: P.O. Box 012241, Miami, Florida
33101; Telephone: (305) 375-5553 .
SECTION 5.
Copies of the proposed amendment to the Miami Beach City
Charter, a copy of which is attached hereto as Exhibit "B" , shall
be made available to the electors at the office of the City Clerk
from 9 : 00 a.m. to 5: 00 p.m. each day, Saturdays, Sundays and
holidays excepted, not later than thirty days prior to the date of
said election.
SECTION 6.
Not less than thirty days ' notice of said Special Election
shall be given by publication in a newspaper of general circulation
in Miami Beach, Dade County, Florida. Such publication shall be
made at least once each week for four consecutive weeks next
preceding said Special Election.
SECTION 7 .
The notice of election shall be substantially in the following
form:
THE CITY OF MIAMI BEACH, FLORIDA
NOTICE OF SPECIAL ELECTION
NOTICE IS HEREBY GIVEN THAT A SPECIAL ELECTION HAS BEEN
CALLED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AND WILL BE HELD IN SAID CITY FROM 7 : 00 A.M.
UNTIL 7 : 00 P.M. ON THE 3RD DAY OF NOVEMBER, 1992 , AT
WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY
REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI
BEACH THE FOLLOWING QUESTION:
ONE PERCENT INCREASE IN ROOM RENT PORTION OF RESORT TAX
"SHALL SECTION 432 OF THE MIAMI BEACH CITY CHARTER BE
AMENDED TO INCREASE, BY ONE PERCENT, THE RESORT TAX ON
ROOM RENT, TO BE USED FOR:
(A) 50% FOR PUBLIC INCENTIVES FOR CONVENTION
CENTER HEADQUARTERS HOTEL DEVELOPMENT, AND
UPON RETIREMENT OF ALL DEBT RELATED THERETO,
TO BE USED AS IN (B) BELOW;
(B) 50% FOR PROMOTION OF TOURISM RELATED
ACTIVITIES AND FACILITIES, AND DEVELOPING,
IMPROVING AND MAINTAINING TOURISM RELATED
PUBLIC FACILITIES"
YES
NO
SECTION 8.
The official ballot to be used in the Special Election to be
held on November 3 , 1992 , hereby called, shall be in substantially
the following form, to-wit:
2
OFFICIAL BALLOT
THE CITY OF MIAMI BEACH, FLORIDA
SPECIAL ELECTION, NOVEMBER 3 , 1992
ONE PERCENT INCREASE IN ROOM RENT PORTION OF RESORT TAX
"SHALL SECTION 432 OF THE MIAMI BEACH CITY CHARTER BE
AMENDED TO INCREASE, BY ONE PERCENT, THE RESORT TAX ON
ROOM RENT, TO BE USED FOR:
(A) 50% FOR PUBLIC INCENTIVES FOR CONVENTION
CENTER HEADQUARTERS HOTEL DEVELOPMENT, AND
UPON RETIREMENT OF ALL DEBT RELATED THERETO,
TO BE USED AS IN (B) BELOW;
(B) 50% FOR PROMOTION OF TOURISM RELATED
ACTIVITIES AND FACILITIES, AND DEVELOPING,
IMPROVING AND MAINTAINING TOURISM RELATED
PUBLIC FACILITIES"
YES
NO
SECTION 9 .
Absentee voters participating in said Special Election shall
be entitled to cast their ballots in accordance with the provisions
of the laws of the State of Florida with respect to absentee
voting.
SECTION 10.
That the City of Miami Beach shall pay all expenses for
conducting this Special Election and will pay to Dade County or
directly to all persons or firms, upon receipt of invoice or
statement approved by the Supervisor of Elections of Dade County,
Florida.
SECTION 11.
This resolution shall be effective immediately upon its
passage.
PASSED and ADOPTED this 2nd day of Septe •-r
17,11 1992 . (//7
MAYOR
ATTEST:
ÔITYo FORM APPCLERK
LEG L DEPT.
PNB: lm By
(C:\resolutions\2sec43.res) 91//P
Date
090192
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LIST OF POLLING PLACES
CITY OF MIAMI BEACH
PCT. LOCATION ADDRESS
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011 BISCAYNE ELEMENTARY 800 -- 77 ST
013 NORTH SHORE COMMUNITY CENTER 7275 COLLINS AVE
014 NORTH SHORE COMMUNITY CENTER 7275 COLLINS AVE
015 FAIRWAY PARK 200 FAIRWAY DR
018 NORMANDY SHORES GOLF COURSE 2401 BIARRITZ DR
019 NORMANDY ISLE MUNICIPAL POOL 1765 -- 71 ST
021 NORTH SHORE RECREATION CENTER 501 - 72 ST
022 CASABLANCA HOTEL 6345 COLLINS AVE
023 MIAMI BEACH FIRE STATION #3 5303 COLLINS AVE
024 NAUTILUS MIDDLE SCHOOL 4 301 NORTH MICHIGAN AVE
025 MIAMI BEACH FIRE STATION #3 5303 COLLI NS AVE
027 OCEAN GRANDE HOTEL 3651 COLLINS AVE
028. NORTH BEACH ELEMENTARY SCSI 4100 PRAIRIE AVE
029 TEMPLE BETH SHOLOM 4144 CHASE AVE
030 BAYSHORE GOLF COURSE 2301 ALTON RD
031 DADE BOULEVARD FIRE STATION #2 2300 PINETREE DR
032 MIAMI BEACH PUBLIC LIBRARY -- AUDIT 2100 COLLINS AVE
EXHIBIT "A"
08/04/92 CJ
LIST OF POLLING PLACES
CITY OF MIAMI BEACH
PCT. LOCATION ADDRESS
**********************************************************************3 ***
033 BARCLAY PLAZA HOTEL & APARTMENT 1940 PARK AVE
034 ONE HUNDRED LINCOLN ROAD APARTMENTS 100 LINCOLN RD
035 MIAMI BEACH GARDEN CTR 2000 CONVENTION CTR DR
036 MIAMI BEACH POLICE ATHLETIC LEAGUE 999 - 11 ST
037 MORTON TOWERS APARTMENTS 1500 BAY RD
038 MIAMI BEACH ROD & REEL CLUB 208 SOUTH HIBISCUS DR
039 FLAMINGO PARK TEEN CENTER 1000 -- 12 ST
040 ST FRANCIS DE SALES CHURCH 621 ALTON RD
041 MIAMI BEACH FIRE STATION #1 1051 JEFFERSON AVE
042 MIAMI BEACH SENIOR CENTER 610 ESPANOLA WAY
043 LA FLORA HOTEL 1238 COLLINS AVE
044 OCEAN FRONT AUDITORIUM 1001 OCEAN DR
045 SOUTH SHORE COMMUNITY CTR 833 - 6 ST
046 SOUTH SHORE COMMUNITY, CTR 833 - 6 ST
048 SOUTH POINTE PARK 1 WASHINGTON AVE
08/04/92 CJ 2
PROPOSED CHARTER AMENDMENT
RE: SECTION 432 - TAX ON OCCUPANCY OF HOTELS
A. Proposed Ballot Question:
"SHALL SECTION 432 OF THE MIAMI BEACH CITY CHARTER BE
AMENDED TO INCREASE, BY ONE PERCENT, THE RESORT TAX ON
ROOM RENT, TO BE USED FOR:
(A) 50% FOR PUBLIC INCENTIVES FOR CONVENTION
CENTER HEADQUARTERS HOTEL DEVELOPMENT, AND
UPON RETIREMENT OF ALL DEBT RELATED THERETO,
TO BE USED AS IN (B) BELOW;
(B) 50% FOR PROMOTION OF TOURISM RELATED
ACTIVITIES AND FACILITIES, AND DEVELOPING,
IMPROVING AND MAINTAINING TOURISM RELATED
PUBLIC FACILITIES"
YES
NO
B. Proposed Text:
Sec. 432 . Tax on occupancy of hotels, etc. , and on certain
foods and beverages.
The City of Miami Beach is authorized and shall have the right
to impose, levy and collect a tax on the rent of every
occupancy of a room or rooms in any hotel, motel or apartment
house when the renting is for a period of eleven consecutive
months or less; and upon the total sales price of all items of
food and alcoholic beverages sold at retail by any
establishment engaged in the sale of alcoholic beverages
and/or food for consumption on the premises; said tax to be
paid by the person paying the rent or paying for the food
and/or alcoholic beverage herein specified and to be collected
by the person renting said rooms or selling said food or
alcoholic beverage for the use and benefit of the city. Sales
or rentals exempted by chapter 212 , Florida Statutes 1965,
shall also be exempt from the tax hereby authorized. That the
total receipts from the above tax levy shall be kept and
maintained in a separate fund and shall in no event be
transferred to the general fund, and that the said fund shall
be used for the promotion of the tourist industry, which shall
include, but not be restricted to the following: Publicity,
advertising, news bureau, promotional events, convention
bureau activities, capital improvements and the maintenance of
all physical assets in connection therewith; and for the
payment of the reasonable and necessary expenses of
collecting, handling and processing of said tax. That the
commission shall have the authority and power by ordinance to
determine and fix the amount of said tax after public hearing
I
EXHIBIT "B"
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CITY OF MIAMI BEACH
1!!!]:::1
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
COMMISSION MEMORANDUM NO. 5 ch -92____
p
TO: Mayor or Seymour Gelber and DATE: Se 2 1992
Members of the City Commission
FROM: Roger M. Canto
City Manager
SUBJECT: A RESOLUTION CALLING FOR A SPECIAL ELECTION TO BE HELD ON
NOVEMBER 3, 1992, FOR THE PURPOSE OF SUBMITTING TO THE
ELECTORATE OF THE CITY OF MIAMI BEACH A QUESTION
REGARDING WHETHER SECTION 43-1/2 OF THE MIAMI BEACH CITY
CHARTER SHOULD BE AMENDED TO INCREASE, BY ONE PERCENT
RECOMMENDATION
It is recommended that the City Commission adopt the required
resolution to place on the November 3, 1992, general election a
ballot question authorizing the addition of 1 percent Resort Tax as
allowed under Florida Statute 67-930.
BACKGROUND
The City of Miami Beach, Surfside, and Bal Harbour implemented a
2 percent Resort Tax on hotel rooms and food/beverage sales in
1967 . The revenue from this tar: has grown tc an anticipated
$6.75 million for Fiscal Year 1991/1992. Fifty percent of the
funds (net of certain deductions) are used for promotion of tourism
by the Greater Miami Convention and Visitors Bureau. The balance
is used by the City of Miami Beach for various purposes.
In addition, there is a 3 percent Convention Development Tax
assessed against room rents utilized for the Miami Beach Convention
Center and other activities. Therefore, the total tax on room
rents is 11 percent comprised of 6 percent state tax (including
1/2 percent for Jackson Memorial Hospital) , 2 percent Resort Tax,
and 3 percent Convention Development Tax. This amount is 1 percent
less than currently being paid in the balance of Dade County as a
result of the 1 percent Sports Franchise Tax assessed on behalf of
the Sports Facilities Authority.
ANALYSIS
During the past 60 days, a number of issues have arisen regarding
the various Resort Tax revenue sources as well as utilization of
the funds as follows:
o Commissioner Eisenberg has requested modifications to the
Interlocal Agreement with the Greater Miami Convention
and Visitors Bureau. The essential goal was to provide
$1 million per year for the inducement package for a new
Convention Center hotel. Due to the impact on the
tourist industry from Hurricane Andrew, Commissioner
Eisenberg made a sincere effort to work out a deferral of
the discussion for 60 days. However, he was unable to
achieve this goal based upon the inability of other
members of governments of the Interlocal Agreement to
deal with the situation at this time.
continued. .
AGENDA
ITEM
DATE ()/
�Z-
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not in excess of two percent, except that an additional tax of
one percent (1%) may be imposed, levied and collected on the
rent of every occupancy of a room or rooms in any hotel, motel
or apartment house when the renting is for a period of eleven
consecutive months or less, provided that such additional one
percent shall be used, subject to the rights of bondholders,
(A) 50% for public incentives for convention center
headquarters hotel development, and upon retirement of all
debt related thereto, to be used as in (B) below, and (B) 50%
for promotion of tourism related activities and facilities,
and developing, improving and maintaining tourism related
public facilities; provided that such additional one percent
(1%) of tax shall not be imposed until such time as the City
of Miami Beach has entered into an agreement with a developer
for development of a convention center headquarters hotel; and
provided further that the authority created pursuant to
Section 8 of Chapter 67-930 shall have no right to receive any
portion of such additional one percent (1%) of tax.
(C:\ resolution\2sec43.res)
090192
COMMISSION MEMO -2- SEPTEMBER 2 , 1992
o Commissioner Kasdin has expressed concerns regarding the
funding for quality of life and marketing activities for
the tourism industry. In part, the Fiscal Year 1992/1993
budget was designed to provide additional funding by
implementing a 3-year phase-out for utilizing the Resort
Tax for the general fund. This will allow approximately
$750, 000 to be allocated toward these activities in
Fiscal Year 1992/1993 assuming that the federal and state
governments provide sufficient resources related to
Hurricane Andrew recovery costs.
o The Visitor and Convention Authority has also expressed
concern that there are insufficient funds to expand
tourist-related special events. It is my understanding
that the Greater Miami Convention and Visitors Bureau and
the Visitor and Convention Authority (which already
receives $450, 000 from the Tourist Tax) are in the
process of developing an agreement to provide an
additional $75, 000 annually for this purpose and that the
Visitor and Convention Authority will develop new
criteria to ensure that the funds are spent in tourist
development-related activities.
o The Wallace Roberts Todd Convention Village Study
Citizens Task Force has made significant progress towards
identifying sites and reviewing the components of an
inducement package. There are a number of private
developers who are accumulating sites which may be
suitable for such a hotel. The Administration is
confident that a properly developed inducement package of
up to $50 million will make a convention center hotel
with no less than 1, 000 rooms an achievable project. The
major issue to achieve this will be the allocation of up
to $5 million annually to fund the inducement package
debt retirement.
o The hotel industry's major concern focuses on the
competitiveness of the cost of hotel rooms including
taxes to the cost of other major resort areas. The new
one percent Resort Tax will bring the total room tax
burden to an equal amount as the rest of Dade County and
is comparable to other jurisdictions such as Atlanta,
Dallas, Chicago, San Francisco, and New Orleans.
STRATEGY
The following sequence of events could achieve the goals of all
concerned without inhibiting the efforts to recover the tourism
industry in light of Hurricane Andrew:
1. On September 2, 1992 , the City Commission could adopt a
resolution placing on the November 3 , 1992, ballot a
referendum increasing the Resort Tax on room rents (not
food and beverage) by 1 percent. This would raise
approximately $1.9 million annually. The ballot
language recommended would allocate: (a) 50 percent of
the newly available funds to the inducement package and;
(b) the balance to quality of life concerns including
promotion of Miami Beach tourism-related activities and
the enhancement and maintenance of Miami Beach tourism
facilities. The new revenues would be kept in a special
fund and could not be utilized for other purposes.
Assuming that the 50 percent of the new tax allocation
for the inducement package would generate approximately
$1 million annually, the redevelopment district to be
reviewed by the City Commission in November, 1992 , and
the Dade County Commission within 120 days thereafter,
would generate approximately $2 . 3 million annually which
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COMMISSION MEMO -3- SEPTEMBER 2 , 1992
could be used for the inducement package and/or other activities,
and the Greater Miami Convention and Visitors Bureau staff has
agreed to forego the share of the Resort Tax revenue from the new
hotel (50 percent of an estimated $1. 3 million per year) , plus
place a cap on future increases in Resort Tax passed through to the
Greater Miami Convention and Visitors Bureau, the following amounts
would be available for the inducement package:
New 1 percent Resort Tax $1.0 million
Expanded redevelopment district 2. 3 million
New 1, 000 room hotel 1. 3 million
Reduction of future growth for Unknown
the Greater Miami Convention
and Visitors Bureau
Total funds available for at least $4 . 6
inducement package debt million
retirement
2 . The City Commission could convene a quality of life task force
which would include representatives from all business,
tourism, historic, economic, residential, and other segments
of the community. This task force would assist the
Administration and the City Commission in prioritizing funds
to improve the quality of life utilizing the funds made
available from 50 percent of the new 1 percent Resort Tax.
Assuming that the new 1 percent tax went into effect January
1, 1993, it is anticipated that an additional $675, 000 would
be available in fiscal year 1992/1993 for these purposes.
3 . The Visitor and Convention Authority, the Administration, and
the various cultural and tourism-related special event users
would meet to develop new rules and procedures for the
utilization of Visitor and Convention Authority monies which
are currently available as well ,Ff s the additional $75, 000 from
the Greater Miami Convention and Visitors Bureau.
4 . The leadership of the various Miami Beach tourist development
activities such as the Ocean Drive/Historic District, the
hotel industry, and Lincoln Road would provide specific
marketing recommendations to the Administration and City
Commission regarding the need to expand awareness of Miami
Beach as a destination and a retail/restaurant area. It is
anticipated that approximately $250, 000 could be available for
this effort during fiscal year 1992/1993 , again, assuming the
majority of Hurricane Andrew expenses are reimbursed by the
federal and state governments.
SUMMARY
Normally, a report of this nature would have substantial
documentation regarding historic uses of funds, competitive factors
and many other items. Due to the Hurricane Andrew recovery effort,
this report is more philosophical and conceptual in nature in an
effort to meet legally mandated time constraints regarding the
September 2 , 1992 , need to place the referendum on the November 3 ,
1992 , ballot. The goal is to provide the resources necessary to
recover the tourism industry from the effects of Hurricane Andrew,
continue to build necessary funds for the inducement package for
the Convention Center Hotel, expand the funds available for the
quality of life issues, increase marketing efforts for the various
specific needs of Miami Beach and move the Visitor and Convention
Authority forward in its efforts to develop additional tourism-
related activities.
Should the City Commission determine to schedule the referendum on
November 3 , 1992 , clear direction should be given to the
Administration to revise the Interlocal Agreement with the Greater
Miami Convention and Visitors Bureau to achieve the limitations on
future growth as well as the commitment that the tourist tax
ORIGIN
RESC..T.TION Nu. 9 -2uD/4
Calling for a special election to be held
on November 3, 1992 for the purpose of
submitting to the electorate of the City
of Miami Beach a question regarding
... . whether Section 431 of the Miami Beach4,
City Charter should be amended to
increase, by one percent (1%) , the resort11111
1111
tax on room rent,
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