OIG No. 22-25: State Beachfront Management Agreement Audit Report - OperationalJoseph M. Centorino, Inspector General
TO: Honorable Mayor and Members of the City Commission
FROM: Joseph Centorino, Inspector General
DATE: February 3, 2023
PROJECT: State Beachfront Management Agreement (#3595) Operational Audit Report
OIG No. 22-25
PERIOD: October 1, 2020 through September 30, 2021 (Sand Tax Payments)
October 1, 2021 through September 30, 2022 (Beachfront Concession Fees)
This report is the result of the City of Miami Beach Office of the Inspector General (OIG) audit of
the operational controls surrounding the City's management of State Beachfront Management
Agreement No. 3595 and amendment number 1, signed on August 9, 2007, which extended its
original terms until February 7, 2032. All 2020/21 fiscal year transactions recorded in the City's
sand tax general ledger account and departmental furnished supporting documentation were
examined for completeness and accuracy. The audit scope also verified whether the 2021/22
fiscal year beachfront concession fees for equipment, food/beverage, and water sports were
correctly billed to the applicable hotels, apartments, and condominiums. Lastly, a separate audit
report focusing on the OIG Auditor's related financial review will be issued to the Florida
Department of Environmental Protection (State).
INTRODUCTION
In 1982, the City entered into a management agreement ( originally No. 750-0006, currently No.
3595) with the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida
to manage the State-owned beach east of the erosion control line within the City for an initial 25-
year period, which was extended for an additional 25 years beginning February 7, 2007. In return,
the City agreed to remit to the State 25% of any and all monies (sand tax) the City collects from
concessionaires for the use of State property. The City is also required to provide the State with
an annual audit report of all monies collected from said concessionaires.
There are currently four related categories of beachfront property users:
1. Operators of concessions seaward of Lummus Park, Ocean Terrace, North Shore Open
Space Park, 21° and 46" Street, and Pier Park. The current City Commission-approved
concessionaires are Boucher Brothers Miami Beach LLC and Penrod Brothers, Inc. They
pay for the use of the beachfront as per their respective contractual agreements with the
City.
2. Miami Beach hoteliers, apartments, and condominium associations on the beachfront pay
beach "upland" fees to the City annually based on the number of units. This category also
includes "non-upland" fee properties, i.e., not located on the beachfront, that have
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negotiated an agreement with nearby upland fee properties whereby their residents can
use the beach amenities of these upland properties.
3. Special Event permits are granted to members of the public who run organized, usually
one-time only, events on the beach, such as weddings and volleyball tournaments. The
payments from these special events are remitted to the City Tourism and Culture
Department (TCD).
4. Special Events and Film and Print productions requiring the parking of essential vehicles
on the beach or sand areas of Miami Beach may also involve purchasing vehicle beach
access (VBA) passes from TCD. The pass cost is $159 per vehicle per event, as per
FY2021 Appendix A- Fee Schedule approved by the City Commission through Ordinance
No. 2019-4299. Event producers may purchase a maximum of ten VBA passes per event
unless the City Manager or their designee approves additional passes.
The following table lists the City's quarterly sand tax payments, totaling $421,896.25, remitted to
the State during the 2020/21 fiscal year:
Check Date Period Check Number Check Amount
01/29/2021 Oct-Dec 2020 459352 82,185.44
04/22/2021 Jan-Mar 2021 462278 29,386.59
07/15/2021 Apr-Jun 2021 464943 181,975.21
10/19/2021 Jul-Sep 2021 468390 128,349.01
TOTAL $421,896.25
OVERALL OPINION
Based upon an examination of the records furnished for October 1, 2020 through September 30,
2021, various deficiencies were noted, resulting in sand tax underpayments and overpayments
to the State. The total net underpayment of $160,927.55 ($94,976.25 underpayment in finding #1
+ $77,175.09 underpayment in finding #2- $6,002.34 overpayment in finding #3- $2,987.16
overpayment in finding #4 - $620.00 overpayment in finding #5- $1,614.29 in finding #6), should
be included in the City's next quarterly sand tax payment.
Included in this balance are findings from the OIG's prior audit report, dated May 6, 2022, related
to the 2019/20 fiscal year that remain unresolved. Once these outstanding findings are corrected,
the corresponding sand tax adjustment must be reflected in the City's next quarterly payment to
the State.
Although the amount of sand tax due to the State increased in this audit, the number of
exemptions and internal control deficiencies decreased compared to the previous year's audit.
The OIG is encouraged that the oversight process related to sand tax payments in the affected
City departments is improving; however, there were many corresponding corrected journal
entries, and a few were not accurately completed. The OIG believes department management
should focus more on determining the root causes of the identified errors and take appropriate
actions to correct them at their source.
The following shortcomings were noted during this audit:
1. Sand tax of $94,976.25 is due to the State resulting from an incorrect beachfront upland
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fee payment distribution related to the 2021/22 fiscal year but paid during the 2020/21
fiscal year.
2. Sand tax of $77,175.09 is due to the State, resulting from collected Wedding, Ceremony,
and Team Building permit fees that occurred on State-owned property since the 2010/11
fiscal year but not remitted to the State. TCD management discovered its omission from
the City's previous sand tax payments, notified the OIG of the error, and is pursuing
corrective action.
3. The State was overpaid $6,002.34, due to incorrect computation of the percentage of
gross receipts vs. minimum guaranteed payment.
4. A sand tax overpayment of $2,987.16 to the State was made because of incorrect upland
fee invoicing for the 2020/21 fiscal year.
5. TCD Special Events Division overpaid the State by $620.00, due to incorrectly remitting
sand tax related to the issuance of a VBA pass for a non-beach event.
6. Prior audit findings from the 2019/20 fiscal year remain unresolved, resulting in a net sand
tax overpayment of $1,614.29 to the State.
SCOPE, OBJECTIVES, AND METHODOLOGY
The primary scope of this audit is to determine whether the City complied with the terms of the
State Beachfront Management Agreement (No. 3595) and accurately calculated, remitted, and
recorded sand tax payments to the State equal to 25% of all monies collected from private
concerns for the use of State-owned beachfront property during the 2020/21 fiscal year. Also
included in the scope is the validation and completeness of the 2021/22 fiscal year beachfront
upland and concession fees for equipment, food/beverage, and water sports billed to hotels,
apartments, and condominium property owners.
The audit focused on the following general objectives:
• To determine whether tested sand tax transactions for the 2020/21 fiscal year were
accurately calculated and recorded in the City's Financial System.
• To determine whether the City's Finance Department timely remitted sand tax payments
due to the State of Florida Department of Environmental Protection.
• To determine whether the Facilities and Fleet Management Department appropriately
billed the 2021/22 fiscal year upland, non-upland, and beachfront concession fees to all
tested hotels, apartments, and condominiums.
• To determine whether deficiencies identified in prior audits have been corrected.
• Other audit procedures as deemed necessary.
The audit methodology included the following:
• Reviewed applicable provisions of agreements and approved Standard Operating
Procedures;
• Interviewed and made inquiries of staff to gain an understanding of internal controls,
assess control risk, and plan audit procedures;
• Performed substantive testing consistent with the audit objectives, including, but not
limited to, examination of applicable transactions and records;
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• Drew conclusions based on the results of testing with corresponding recommendations
and obtained auditee responses and corrective action plans; and
• Performed other audit procedures as deemed necessary.
FINDINGS, RECOMMENDATIONS, AND AUDITEE RESPONSES
The OIG Auditor examined all transactions recorded in the sand tax general ledger account during
the 2020/21 fiscal year to verify that each was correctly calculated, accurately recorded in the City
Financial System, and timely remitted to the State. In addition, the OIG auditor reviewed all
supporting documentation provided to determine the completeness of the reported transactions.
The deficiencies identified in the audit findings below determined that the City underpaid sand
taxes due by a net total of $160,927.55.
1. FINDING: SAND TAX OF $94,976.25 IS DUE TO THE STATE RESULTING FROM AN
INCORRECT BEACHFRONT UPLAND FEE PAYMENT DISTRIBUTION RELATED TO
THE 2021/22 FISCAL YEAR BUT PAID DURING THE 2020/21 FISCAL YEAR.
Any hotel, apartment, or condominium operating on the beachfront shall pay an upland
fee of $15 per unit charge starting in the 2003/04 fiscal year. City Ordinance No. 2003-
3420 established an increase in fees charged annually for occupational licenses (now
called business tax receipts or BTRs) of 5% every other year, rounded to the nearest dollar
until such fees have caught up with the cumulative change in consumer price index (CPI)
and have reached 24.5%. Resolution No. 2016-29403, effective October 1, 2016,
increased the upland fee annually in accordance with the CPI. Consequently, upland
property owners were charged $24 per unit for the 2021/22 fiscal year, as listed in the FY
2022 Appendix A Fee Schedule.
In addition, Resolution No. 2016-29403 increased the maximum annual fee per upland
property from $10,000 to $15,000 (similarly increased annually in accordance with the
CPI). As per Finance Department, the maximum annual upland fee during the 2020/21
fiscal year equaled $17,051 per upland property. Only three upland properties (Loews
Hotel, One Hotel and Condominium, and Fontainebleau Hilton Resort) contained more
than the 710 units needed to be invoiced the $17,051 maximum annual upland fee
($17,051 maximum/$24 per unit= 710.45 units).
Section 3(c) of the Fifth Amended and Re-stated Rules and Regulations for Beachfront
Concession Operation states, "In the event that the Concessionaire is an Upland Owner
Concessionaire, and the Concession Area is utilized by any additional property or
properties, other than the Upland Property, the Upland Property owner must receive prior
written approval from the City and shall pay an Upland Fee, per property, based on the
number of units contained in the Upland Property and any additional properties. There
shall be no maximum Upland Fee for Beachfront Concessions utilized by multiple
properties or for two or more Beachfront Concessions held by a Concessionaire .." This
amendment was created when the City became aware that some non-upland fee
properties were negotiating agreements with upland fee properties, so its residents could
use the beach amenities of these upland properties.
The Facilities and Fleet Management Department Beach Maintenance Division annually
prepares and mails letter agreements to all known properties authorized to operate
beachfront concession(s). These letter agreements provide the framework for permitted
beachfront concessions, including the number of upland units and the amount of upland
and beachfront concession permit fees due.
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Letter agreements are typically mailed to upland property owners each summer. The data
listed on the completed and signed letter agreement is then used by the Beach
Maintenance Division to bill the upland property owner for its annual BTR as recorded in
the EnerGov system, the City's licensing and permitting system.
The Beach Maintenance Division also maintains a master summary schedule of fees for
each beachfront property location to verify that the corresponding upland property is
accurately billed. The master summary schedule includes any known non-upland
properties that negotiated agreements with upland fee properties.
A comparison of the upland fees due based on the entries on the master summary
schedule with the amounts billed in the EnerGov System indicated all upland properties
were billed appropriately related to upland fees and concession permits by the Finance
Department's Licensing Section during the audit period. However, the OIG Auditor's
reconciliation of the sand tax due and the sand tax remitted determined that the State was
underpaid by $94,976.25, as Beach Maintenance Division staff incorrectly distributed
upland payments in the City general ledger. More specifically, all upland fee payments
remitted during the 2020/21 fiscal year, but related to the 2021/22 fiscal year, were
incorrectly distributed to only the beachfront revenue account instead of allocating 25% to
the sand tax account (601-7012-229068-00-000-000-00-00-00-) and 75% to the
beachfront revenue account (011-80000-369925-00-307-389-00-00-00-).
Recommendation( s ):
A correcting journal entry should be completed by the Finance Department to reclassify
the corresponding amounts recorded to the applicable beachfront revenue general ledger
account(s) to the sand tax general ledger account. Once completed, the City's next
quarterly sand tax payment to the State should be increased by $94,976.25. Facilities
and Fleet Management Department management should more closely scrutinize the
upland fee payment distribution to help prevent future inaccuracies from occurring.
Finance Department Response:
The Finance Department is in communication with the Facilities and Fleet Management
Department. Once an adjustment is processed, the Finance Department will reflect this
adjustment in the next quarterly filing to the State.
2. FINDING: SAND TAX UNDERPAYMENT OF $77,175.09 WAS DUE TO TCD
IDENTIFIED WEDDING, CEREMONY, AND TEAM BUILDING PERMIT FEES
COLLECTED THAT OCCURRED ON STA TE-OWNED PROPERTY SINCE THE
2010/11 FISCAL YEAR, BUT WERE NOT PREVIOUSLY REMITTED TO THE STATE
TCD introduced a Wedding, Ceremony, and Team Building permit fee in the 2010/11 fiscal
year as part of its Special Events Permit Fees and Guidelines. The Special Events
Ordinance (Chapter 12, Article II, Section 12-5 of the Miami Beach City Code) and the
Special Events Requirements and Guidelines were intended to mitigate the costs of City
services for special events.
Wedding, Ceremony, and Team Building permits allow for a single temporary use of public
property in the City. It shall accommodate no more than 150 people, including guests,
wedding party, performers, etc. As a requirement, a completed application detailing the
exact location, date, times, and number of attendees shall be submitted no less than 14
days before the event. In addition, Wedding, Ceremony, and Team Building permit fees
are payable to the City and due before the commencement of the activity.
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Upon examining the sand tax remitted to the State for the 2020/21 fiscal year, the OIG
Auditor observed payments regarding Wedding, Ceremony, and Team Building permit
fees. The FY2021 Ceremony and Team Building Log furnished by TCD was examined
regarding the remittance of sand tax to the State, in which no deficiencies were noted.
Although the applicable Wedding, Ceremony, and Team Building permit fee for the
2020/21 fiscal year was $132 pursuant to the FY2021 Appendix A - Fee Schedule,
applicable customers were incorrectly charged $129 based on the previous fiscal year
permit fee as listed in the FY2020 Appendix A- Fee Schedule.
Consequently, the City's 2020/21 fiscal year related revenue was reduced by $588.00
($3.00 per event) for the 196 Wedding, Ceremony, and Team Building permit fee
transactions. This error did not affect the accuracy of the City's sand tax remittances to
the State because it was properly calculated based on the monies received. Further
testing revealed that the $134 permit fee charged for the 2021/22 fiscal year agreed with
the FY2022 Appendix A- Fee Schedule.
In addition, the OIG Auditor determined that sand tax was not charged or remitted to the
State related to Wedding, Ceremony, and Team Building permit fees for the prior fiscal
years (2010/11 through 2019/20 fiscal years).
After the OIG Auditor's request, TCD provided the Ceremony and Team Building Permit
Fee Logs for prior fiscal years. Unbeknownst initially to the OIG Auditor, TCD had already
identified the related deficiency dating back to the 2010/11 fiscal year and had performed
its own internal review of the Wedding, Ceremony, and Team Building revenue accounts
and the corresponding sand tax underpayment. In sum, TCD staff determined that the City
underpaid the State by $77,175.09 (25% of $308,700.37) from October 1, 2010 through
September 30, 2020, which was verified by the OIG Auditor. Its omission was not detected
previously because 25% of the monies received were not allocated to the sand tax general
ledger account, and it was not listed in the documentation that reported transactions
occurring on State-owned property.
In a letter dated April 30, 2021, the TCD Director notified the State of the $77,175.09 in
sand tax due and requested guidance and direction to remedy its calculated
underpayment. TCD management also initiated corrective action by revising its internal
processes to help prevent similar omissions from reoccurring.
Recommendation:
If not already resolved, the OIG recommends that the City's next quarterly sand tax
payment be increased by the identified underpayment of $77,175.09. TCD staff should
timely review the fees listed in the approved annual Appendix A- Fee Schedule and the
corresponding fees charged in the Munis system for completeness and accuracy to help
prevent future billing errors from occurring.
Finance Department Response:
The Finance Department is in communication with the Tourism and Culture Department.
Once a journal entry has been submitted by the Tourism and Culture Department and
processed, the Finance Department will reflect this adjustment in the next quarterly filing
to the State.
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Tourism and Culture Department Responses:
As noted in the preliminary finding, the Tourism and Culture Department management
identified the omission, reported the deficiency to the State in a letter dated April 30, 2021
(see attached), and promptly revised its internal processes to help prevent similar
mistakes from reoccurring. Tourism and Culture Department management followed up the
letter with an e-mail to the State dated May 24, 2021 (attached) in which the State replied
that they would review and respond to the issue. No follow-up from the State has occurred.
A journal entry (attached) has been sent to the Finance Department to correct the
underpayment to the State. Tourism and Culture Department staff will validate Appendix
A fees to the fees being charged and mapped from EnerGov to Munis on a more frequent
basis throughout the fiscal year to ensure accuracy.
3. FINDING: SAND TAX OVERPAYMENT OF $6,002.34 TO THE STATE WAS CAUSED
BY AN INCORRECT COMPUTATION OF THE DIFFERENCE BETWEEN THE
PERCENTAGE OF GROSS RECEIPTS VS. MINIMUM GUARANTEED PAYMENTS
PURSUANT TO THE CONCESSION AGREEMENT EXECUTED BY BOUCHER
BROTHERS MIAMI BEACH LLC.
The Boucher Brothers Miami Beach, LLC Amended and Re-stated Public Beachfront
Concession Agreement in Section 4.1 Minimum Guarantee specifies that the
concessionaire pays the City a Minimum Guarantee Annual Concession Fee (MG) in the
amount of $1,200,000 effective January 1, 2020, for food and beverage sales, beach
equipment rentals, the sale of beach-related sundries/skincare products, and watersports
equipment rentals. Fifty percent (50%) of the MG for each Agreement year shall be due
and payable to the City on January 1 of each such Agreement year during the term, and
the remaining (50%) of the MG for that Agreement year shall be due and payable to the
City on July 1 of each such Agreement year during the term.
Section 4.2 Percentage of Gross (vs.) MG (PG) states, For each Agreement year during
the term, concessionaire pay the City the difference between the MG provided in
Subsection 4. 1 above, and the percentage of gross receipts that exceeds the amount of
the MG for food and beverage sales, the sale of Beach-Related Sundries/Skin Care
products, Beach Equipment rentals, watersports equipment rentals, sand sifting fees,
team building events fees, advertising/sponsorship fees and City Displacement fees (the
"Percentage of Gross" (PG)), as follows:
Food and Beverage Sales 15%
Beach-Related Sundries/Skincare Products Sales 20%
Beach Equipment Rentals 20%
Watersports Equipment Rentals 20%
Sand Sifting Fees 20%
Team Building Events Fees 25%
Advertising/Sponsorship Fees 50%
City Displacement Fees 30%
In addition, the Mayor and City Commission adopted Resolution No. 2021-31789 on July
28, 2021, amending Resolution No. 2020-31368, which included the following financial
terms:
3A) Minimum Guaranteed Annual Concession Fee (MG): $1,200,000, payable with
$600,000 due in January and $600,000 due in July:
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• Concessionaire paid $600,000 in January 2020 (covers January - June
2020);
• MG Credit of $367,000 due to closures (March 12, 2020 - June 30, 2020)
• July 2020 MG waived;
• January 2021 MG ($600,000 -$367,000 credit); and
• January 2022, MG is greater of $1,200,000 or average PG for the last 5
years of the original concession areas governed by the Amended and Re-
stated Agreement.
3B) Annual Percentage of Gross Receipts (PG) - varying percentages based upon
certain categories:
• Abatement of PG from January 2020 through February 2021; and
• PG resuming March 1, 2021.
The Facilities and Fleet Management Department Asset Management Division review the
concessionaire's submitted reports containing its annual gross receipts to multiply the
corresponding gross receipts by the applicable percentage of sales: food and beverage
sales (15%), beach-related sundries/skincare products sales (20%), beach equipment
rentals (20%), watersports equipment rentals (20%), sand sifting fees (20%), team
building events fees (25%), advertising/sponsorship fees (50%), and City Displacement
fees (30% ). If the resulting calculation exceeds the MG paid by the concessionaire, then
additional monies are owed to the City pursuant to Section 4.2.
Invoice #36214 was issued for a total amount of $180,730.86 with the corresponding sand
tax of $41,442.29 for the PG related to the 2021 calendar year (January 1, 2021, through
December 31, 2021 ). The OIG Auditor calculated that the Asset Management Division
overbilled Boucher Brothers Miami Beach, LLC for its 2021 PG by $25,690.00
($180,730.86 - $155,040.86). As a result, the State was overpaid by $6,002.34 in sand
tax ($41,442.29 - $35,439.95), as shown in the below table.
Description
Asset Revenue (75%)
Sand Tax (25%)
Sales Tax
Total Balance Due
Original Bill (Inv. # 36214) OIG Computation Difference Over/(Under)
$127,684.73 $109,458.05 $18,226.68
$41,442.29 $35,439.95 $6,002.34
$11,603.84 $10,142.86 $1,460.98
$180,730.86 $155,040.86 $25,690.00
Recommendation( s)
Boucher Brothers Miami Beach, LLC should receive either a credit or a refund of the
amount overpaid. Once completed, $6,002.34 should be deducted from the amount due
the State in the City's next quarterly sand tax payment. In the future, the Asset
Management Division should calculate the percentage of gross receipts that exceeds the
amount of the MG at year-end and determine if an additional lump sum payment is due
(no later than May 31) after each agreement year.
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Finance Department Response:
An adjustment was submitted by the Facilities and Fleet Management Department in
December 2022 and the Finance Department reflected this adjustment in the January
2023 filing to the State.
4. FINDING: A SAND TAX OVERPAYMENT OF $2,987.16 TO THE STATE WAS
CAUSED BY INCORRECT UPLAND FEE INVOICING DURING THE 2020/21 FISCAL
YEAR.
Hotels, apartments, and condominiums subject to upland fees, along with beachfront
concessionaires, will typically owe some combination of concession fees related to
equipment, food/beverage, and/or water sports. The cost of each applicable beachfront
concession permit for the 2020/21 fiscal year was $851.00, as reported in the FY 2021
Appendix A Fee Schedule.
Signed beachfront agreement letters authorize the entity to operate a beachfront
concession, and, among other terms, include the amount of fees owed. All the individual
fees owed are summarized for each property in the master summary schedule so that the
corresponding billings are accurate.
A review of related sand tax payments remitted to the State during the audit period
identified six businesses inaccurately charged through the BTR process, as separated
below by those that overpaid and underpaid sand tax.
Total overpayment of sand tax = $2,987_16($2,774.41 + $212.75)
• Although the five businesses below are not upland properties, each was incorrectly
charged and remitted sand tax totaling $2,774.41:
(a) $28.50 by Enad Investment Corp. (Enriquez, Raydel); permit BTR010645-
08-202, receipt# 346100
(b) $2,108.40 by The Italian Job Miami, LLC / Siena Taver, permit RL-
10007474, receipt# 338343
(c) $193.38 by Ramisha Raiyan Inc. (Rahman, Mohammed M.), permit
BTR010139-05-202, receipt# 328963
(d) $385.00 by The Advantaged Yacht Charters & Sales, permit BTR009831-
03-202, receipt# 315572
(e) $59.13 by Heavy Duty Goods Inc. (Cohen, Steven), permit BTR007346-
08-201, receipt# 313712
• $212.75 in sand tax was also mistakenly charged to permit fee for C/O General
Manager, RP/WG Cabana Owner, permit RL-10007187, receipt# 279142.
Recommendation( s ):
a) The Finance Department Licensing Section should issue a refund or credit to the
five identified businesses incorrectly charged sand tax totaling $2,774.41. Once
completed, the City should deduct that amount from its next quarterly payment to
the State.
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b) $212. 75 in sand tax should be deducted from the City's next quarterly payment to
the State related to C/O General Manager, RP/WG Cabana Owner.
Finance Department Response:
Total overpayment of sand tax= $2,987.16 ($2,774.41 + $212.75): The next quarterly
payment to the state will be decreased by $2,987.16. The amount will be reclassed from
Sand Tax to BTR Revenue in the April 2023 quarterly filing to the state.
In order to prevent this occurring in the future, the Finance Department has removed the
Upland Fee category from our Licensing Module.
Implementation Date: April 2023.
5. FINDING: TCD SPECIAL EVENTS DIVISION OVERPAID THE STATE $620.00 DUE
TO AN INCORRECT CHARGE RELATED TO A VEHICLE ACCESS PASS FOR A NON-
BEACH EVENT
City Code Chapter 12- Arts, Culture and Entertainment (the department's name was
changed to Tourism and Culture Department (TCD)) Sections 12-1 and 12-5 require film
and print productions, as well as applicants wishing to hold special events, to submit
complete documentation in addition to any required fees. The 2020/21 fiscal year fees for
special events are $159 per VBA pass fee and a $.27 beach square footage fee pursuant
to FY 2021 Appendix A Fee Schedule as approved by the City Commission through
Ordinance No. 2019-4299, effective October 5, 2019.
The TCD Special Events Division creates invoices in the Munis system, the City's
enterprise resource planning system, detailing the general ledger account distribution for
special event permits and any corresponding VBA passes issued.
During audit fieldwork, some invoicing errors were noted whereby transactions recorded
in the EnerGov system were incorrectly distributed, with 100% going to the sand tax
account instead of 25% to the sand tax account and 75% to the appropriate revenue
account. The distribution was occasionally inverted in other invoices, with 75% recorded
in the sand tax general ledger account and the remaining 25% applied to the appropriate
revenue account.
Most of these errors were identified during a self-audit conducted by TCD Special Events
Division staff. In response, journal entries like JE #10-099 and JE #12-116 were created
to allocate revenues to the proper accounts due to EnerGov charge code mapping errors.
Although these journal entries aimed to correct all identified errors, one was not accurately
completed, resulting in a $620.00 overpayment to the State. More specifically, the total
payment charged for four VBA passes issued for an event held west of the erosion control
line, which is not State-owned property, was incorrectly included in the City sand tax
quarterly payment to the State: (1) Paraiso Miami Beach, permit# SPE0521-0540, receipt
# 327580.
In addition, the OIG Auditor determined that the VBA pass fee and beach square footage
fee charged for the 2020/21 fiscal year of $155 and $0.26 respectively, incorrectly
correspond to the 2019/20 fiscal year as per FY2020 Appendix A - Fee Schedule. The
actual 2020/21 fiscal year cost of the VBA pass fee is $159 per event, and the beach
square footage fee is $0.27 per FY2021 Appendix A- Fee Schedule. Therefore, City
revenue was reduced by $4.00 for each VBA pass and $0.01 for each square foot of the
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beach square footage fee collected during the 2020/21 fiscal year. This error did not affect
the accuracy of the City's sand tax remittances to the State because the sand tax was
calculated correctly based on the monies received by the City.
Internal Control Deficiencies:
Discrepancies existed between the amounts included in the TCD maintained Special
Events Fee Log "SPE Fee Log 20-21" and the corresponding EnerGov and Munis system
invoices, creating confusion about correct figures. EnerGov is the City's permitting and
licensing system. For example, the OIG Auditor determined that Citadel Beach Lunch,
permit# SPE0921-0645, receipt# 348220, was not included in the "SPE Fee Log 20-21".
However, invoice # 312706, related to beach square footage fees, was created in the
Munis system for this event.
Conversely, the Faena Art Program event@ 32 ST Beachfront, permit# SPE0920-0398,
receipt# 286902, and 286901 are included in the "SPE Fee Log 20-21", but not VBA, and
square footage transactions were recorded in the EnerGov system.
In addition, the World Polo event, permit# SPE0720-0383, receipt# 313515, contained a
discrepancy in its sand tax computations related to the square footage of $10 was
observed in the "SPE Fee Log 20-21". However, the customer was billed correctly, and
the State received the correct sand tax due.
Recommendation( s ):
The City's next quarterly payment to the State should be reduced by $620.00 due to the
incorrect application of sand tax to a non-beach-related transaction. The corresponding
amount should be reclassified to the appropriate general ledger revenue from the sand
tax account. In the future, TCD staff should more closely verify the location of each special
event to determine the applicability of sand tax, so that the correct entries are made among
the general ledger accounts. Finally, TCD staff should review the fees listed in the
approved annual Appendix A- Fee Schedule and the corresponding fees charged in the
Munis system for completeness and accuracy to help prevent future billing errors from
occurring.
Internal Control Deficiency Recommendations:
The TCD Director or her designee should consider incorporating the following changes in
the Special Event Fee Logs: (1) separating events held east and west of the erosion
control line; and (2) creating templates with locked formulas to calculate the corresponding
amounts to be billed to customers depending on the type of transaction and how the
payment should be distributed among the appropriate general ledger accounts. In
addition, the Special Event Fee Log should be reconciled periodically to ensure that all
events are correctly recorded and the computation of the total square footage, VBA, and
allocations for City revenue and sand tax are accurately charged.
Finance Department Response:
A journal entry was posted for this overpayment in September 2022 and the Finance
Department reflected this adjustment in the January 2023 filing to the State.
Tourism and Culture Department Response:
The Tourism and Culture Department agrees with the validity of the finding and can
attribute this to a charge code mapping error from the Energov permitting system to the
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Munis financial system. The City utilizes EnerGov, a financial permitting software, to issue
Special Event permits. On the financial side of the program, the staff can only enter square
footage, and the EnerGov program calculates the amounts and, therefore, the percentage
due to Sand Tax. These calculations are embedded within EnerGov by our IT Department
and done on the back end of the program, making it extremely difficult to isolate an error
by TCD staff. Most of the findings result from the charge codes pointing at the wrong
account being added to EnerGov. To clarify, TCD does not oversee the management of
the EnerGov system. The mapping issue has since been corrected. A journal entry (12-
150 - attached) was posted by Finance in FY 2022 on November 10, 2022 correcting
the overpayment of $620.00. The Tourism and Culture Department has since
implemented updates to the Special Event Fee Log to use as an independent validation
tool to confirm that the Energov system is mapping the accurate Sand Tax distribution to
the Munis financial system. Tourism and Culture Department staff will validate Appendix
A fees to the fees being charged and mapped from Energov to Munis on a more frequent
basis throughout the fiscal year to ensure accuracy.
6. FINDING: UNRESOLVED PRIOR FINDINGS FROM THE 2019/20 FISCAL YEAR AUDIT
RESULTED IN A NET SAND TAX OVERPAYMENT OF $1,614.29 DUE TO THE STATE.
The OIG Auditor performed a follow-up of the findings identified in the prior audit report
issued May 6, 2022 related to the 2019/20 fiscal year, in which it was noted that the
following items had not been resolved, resulting in an outstanding net sand tax
overpayment to the State of $1,614.29 ($468.96 underpayment finding # 1- $2,083.25
overpayment finding # 2):
Prior Audit Finding # 1 (net underpayment of $468.96)
A. Overpayments to the State totaling $304.00
• Sand tax was incorrectly remitted for the following two events held west of
the erosion control line, not on State-owned property: (1) 2019 Miami
Beach Halloween Half Marathon & Freaky 4-Miler, permit # SPE0719-
0017, receipt #228755; and (2) Milonga by KCC, permit# SPE0819-0074,
receipt #233087. Although journal entries were created by TCD staff to
correct these errors, they were not accurately completed, resulting in a total
outstanding overpayment of $304.00 to the State.
B. Underpayments to the State totaling $772.96
• For BB Deco Productions-Cisco Beach, permit# SPE0819-0056, receipt#
224872, the amount related to sand tax was incorrectly entered as sales
tax, resulting in an underpayment to the State of $318. 75. Although Journal
Entry #11-118 was posted on September 14, 2022, no payment has yet
been submitted to the State.
• Two events were held east of the erosion control line, but no sand tax was
applied to the (1) Kringstein and Sevin Wedding Ceremony, permit #
SPE0220-0315, invoice # 25741, and (2) Elwing Wedding, permit #
SPE0919-0083, receipt# 232534, resulting in a total underpayment to the
State of $315.00.
• OIG auditor noted the following 15 events where the City did not correctly
invoice the named customers, resulting in a total sand tax underpayment
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to the State of $139.21.
1. SOHO House-Pre Art Basel Tent, permit #SPE 1119-0173, receipt
# 240363;
2. SOHO House-Art Basel Tent, SPE1019-0143, receipt# 240364;
3. BB_Edition-Full moon watch party, SPE1019-0162, receipt #
231382;
4. BB_British Tobacco Beach Reception, permit# SPE1019-0128,
receipt# 231383;
5. BB_IMMUNOTEC/MONDOaqluixia Beach BBQ, SPE1019-0144,
receipt# 231947;
6. Black & Decker Annual Conference, SPE1219-0210, receipt #
239308;
7. BB_ Tiger Risk, SPE1219-0244, receipt# 240358;
8. BB_Patron Spirits, SPE1219-0252, receipt# 240356;
9. Hakakian And Azulay Faena Beachfront Wedding, SPE1219-0203,
receipt# 240155;
10. BB_Event Consulting INTL, SPE1219-0240, receipt# 240357;
11. BB_360 Destination FOX, SPE1219-0256, receipt# 242654;
12. BB_Akoya Beach Reception, SPE0120-0283, receipt# 244699;
13. BB_ VEVO Beach Reception, SPE0120-0294, receipt# 244698;
14. BB_EPIC TRAVEL EVENT, SPE0120-0287, receipt# 244701; and
15. BB_YEXT Beach Reception, SPE0120-0282.
Prior Audit Finding# 2 (net overpayment of $2,083.25)
Overpayments totaling $2,233.25:
a. Four upland properties: (1) Georgian Condominium (Non-Upland Kaskades Hotel),
license number: RL-03000250 ($575.00); (2) King Richard Condominium, license
number: RL-03000189 ($5.00); (3) SoHo Beach House Hotel, license number:
RL-10003800 ($5.00); and (4) Fontainebleau Hilton Resort, license number: RL-
05001340 (3,564.00); were overbilled by a total of $4,149.00. As a result,
$1,037.25 in sand tax is still overpaid to the State.
b. The upland property: (1) Beach Hotel Associates, LLC/ Delano Hotel, license
number: RL-10005920, was overbilled upland fees of $4,784.00 as it was not
operating during the 2020/21 fiscal year. As of September 23, 2022, it has not been
resolved. Consequently, $1,196.00 in sand tax is still overpaid to the State.
Underpayments totaling $150.00:
c. Sand tax was underpaid to the State during the audit period in the amount of
$150.00 for King Richard Condominium, license number: RL-03000189. No
evidence of correction was provided; therefore, $150.00 is still underpaid to the
State.
Prior Audit Finding# 3 (No sand tax consequences)
a. The permit fees mistakenly billed to Beach Hotel Associates, LLC/ Delano Hotel,
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permit number: RL-10005920, of $1,702.00 has not been credited to the customer
as of September 23, 2022.
b. Three permit fee transactions incorrectly overbilled by $2,553.00, and paid by the
following: (1) East Atlantic Gardens Condominium, license number: RL-03000512;
(2) King Richard Condominium, license number: RL-03000189; (3) Eden Roe,
LLLP, RL-10004440 as of September 23, 2022, has not been credited.
In sum, the above calculations result in an outstanding net sand tax overpayment of
$1,614.29 ($468.96 underpayment finding # 1 - $2,083.25 overpayment finding# 2 + $0
finding #3) that needs to be included in the next quarterly payment to the State.
Finance Department Response:
A. Overpayments to the State totaling $304.00
The Finance Department has reminded the Tourism and Culture Department that
a journal entry needs to be submitted for this adjustment. Once received, the
Finance Department will reflect this adjustment in the next quarterly filing to the
State.
B-1 Underpayments to the State totaling $772.96 (Part B, Item 1 - $318.75)
A journal entry was posted in August 2022 for $318. 75 and this amount was
included by the Finance Department in the October 2022 filing to the State.
B-2 Underpayments to the State totaling $772.96 (Part B, Item 2- $315.00)
The Finance Department has reminded the Tourism and Culture Department that
a journal entry needs to be submitted for this adjustment. Once received, the
Finance Department will reflect this adjustment in the next quarterly filing to the
State.
B-3 Underpayments to the State totaling $772.96 (Part B, Item 3-$139.21)
The Finance Department has reminded the Tourism and Culture Department that
a journal entry needs to be submitted for this adjustment. Once received, the
Finance Department will reflect this adjustment in the next quarterly filing to the
State.
Prior Audit Finding # 2 (net overpayment of $2,083.25)
Overpayments totaling $2,233.25: In October 2022, the Finance Department reduced
the upland fees by the amounts listed below.
i. Georgian Condominium: $143.75
ii. King Richard Hotel: $1.25
iii. SoHo Beach House Hotel $1.25
iv. Fontainebleau Hilton Resort: $891.00
v. Beach Hotel Associates, LLC / Delano Hotel $1196.00
The Finance Department reflected these adjustments in the October 2022 filing to the
State.
Underpayments totaling $150.00: In April 2022, the Finance Department increased the
upland fees by the amounts listed below.
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i. King Richard Hotel: $150.00
The Finance Department reflected these adjustments in the July 2022 filing to the State.
Prior Audit Finding# 3 (No sand tax consequences)
On September 29, 2022, the Finance Department refunded the 2020/2021 overbilling for
$1,702.00 to Beach Hotel Associates, LLC / Delano Hotel. On September 29, 2022, the
Finance Department refunded the 2020/2021 overbilling for $2,553.00 to East Atlantic
Gardens Condominium, King Richard Condominium, and Eden Roe, LL. The adjustments
were properly reflected in the subsequent Sand Tax filing.
cc: Alina Hudak, City Manager
Eric Carpenter, Deputy City Manager
Marcia Monserrat, Chief of Intergovernmental and External Affairs
Adrian Morales, Facilities and Fleet Management Department Director
Lissette Garcia Arrogante, Tourism and Culture Department Director
Kathie Brooks, Acting Chief Financial Officer
OFFICE OF THE INSPECTOR GENERAL, City of Miami Beach
1130 Washington Avenue, 6" Floor, Miami Beach, FL 33139
Tel: 305.673.7020 • Fax: 305.206.5509 • Hotline: 786.897.1111
Email: CityofMiamiBeachOIG@miamibeachfl.gov
Website: www.mbinspectorgeneral.com
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