OIG No. 24-29 Custom Pool Systems LLC Roll-off Fee Revenues Audit
Page 1 of 4
Honorable Mayor and Members of the City Commission Joseph
Centorino, Inspector General
December 5, 2024
Custom Pool Systems LLC Roll-off Fee Revenues Audit
OIG No.: 24-29
January 1, 2019, through April 30, 2022
This report stems from an audit performed of the permit fees charged, collected, and remitted by
Custom Pool Systems LLC. to the City Finance Department from the January 1, 2019, through the
April 30, 2022, audit period. The City of Miami Beach Office of the Inspector General (OIG) Sanitation
Tax Auditor examined the contractor's compliance with selected provisions in the City Code,
including obtaining annual business tax receipts (BTR) and filing required reports. The performance
of City staff responsible for monitoring Custom Pool Systems LLC. and the processing of all
payments received from the contractor was also examined.
On August 7, 2021, a notice of violation (SV2021-15228) was issued. Consequently, OIG staff sent
an initial audit letter to the contractor on May 18, 2022. The contractor obtained a BTR for the fiscal
year 2021 on September 1, 2021. The audit was conducted using the best available information
provided to the OIG Sanitation Tax Auditor. Custom Pool Systems LLC is a pool contractor
specializing in luxury pool designs, motorized pool covers, and motorized pool floors, as seen on
its website: Custom Pool Systems – High-End Pool Design & Construction. The business has been
operating since 2015, as shown in records kept by the Division of Corporations at the Florida
Department of State.
INTRODUCTION
A roll-off is defined as a container with a minimum capacity of ten cubic yards designed to be
transported by a motorized vehicle. Contractors use these containers to collect and dispose of
construction and demolition debris and/or large quantities of trash and/or bulky waste, but not
garbage or commercial refuse. Bulky waste represents large items of household refuse, such as
appliances, furniture, accumulations from major tree cutbacks, large crates, and like articles, while
commercial refuse consists of all solid waste produced by commercial establishments.
Roll-off container and grapple service contractors operating in Miami Beach are required to follow
the terms outlined in the City Code, which include the monthly remittance of permit fees equal to
the City Commission approved rate,18% from the beginning of the audit period through October 5,
2019, and 20% for the remainder of the audit period, multiplied by the total gross receipts for each
contractor's City operations. City Code Section 90-221 defines gross receipts as all fees collected
:
Docusign Envelope ID: A3D70B7E-24E8-4C4C-898A-2B43058EC612
Page 2 of 4
by the contractor (whether wholly or partially collected) for solid waste collection and disposal
within the City, excluding any taxes and gross receipts from servicing roll-off and portable
containers.
City Code Section 90-278(3) requires that each roll-off container and grapple service contractor
provide the City Manager with a current list of the names and addresses of each account upon its
initial application. Upon any application for renewal of its permit, each contractor must provide the
frequency of service, the permit number and capacity of each roll-off container or dumpster for each
account, and the address serviced by each roll-off container or dumpster. This list of accounts is
typically submitted concurrently with the monthly report to the Finance Department. It is an
essential document to verify the accuracy of the contractor's filings during the audit process. Section
90-193 addresses the need to obtain permits for all accounts serviced in the City.
City Code Section 90-278(4) requires that monthly reports, accompanied by payment of any owed
permit fees, be submitted to the City's Finance Department by all authorized contractors at the end
of the month after the month in which the gross receipts were generated. Any unpaid fees that are
not timely received are subject to penalties of 10% per month up to a maximum of 50%, plus the
highest legal rate of interest permitted by law on the amount of the fee, exclusive of penalties, from
the date the permit fee first became delinquent until paid.
When the contractor's annual gross receipts reported to the City are greater than $200,000, the
contractor must deliver to the City Finance Department a statement of annual gross receipts
generated for the preceding fiscal year prepared by an independent Certified Public Accountant.
These statements of annual gross receipts are to be remitted within sixty days following the close of
the roll-off or grapple service contractor's fiscal year pursuant to City Code Section 90-278(4).
PURPOSE
The purpose of this audit was to determine whether:
• Tested contractor filings were complete and accurate,
• Corresponding remittances were correctly calculated
• Related filings and monies due were timely received and correctly recorded by the City
• The contractor was compliant with other examined City Code sections.
SCOPE
1. Determine whether the contractor maintained sufficient records to verify whether its tested
permit fee billings were correct and whether its corresponding Miami Beach gross receipts
were accurately computed based on the monthly fees submitted to the City.
2. Determine whether the contractor submitted its tested monthly reports of gross receipts on
time and remitted full payment of any related fees due to the City. If not, determine if the
appropriate penalties and interest charges were levied pursuant to City Code Section 90-
278(6)(a-d).
3. Determine whether the contractor obtained its required annual BTRs in a timely manner
during the audit period.
4. Determine whether tested monthly permit fee payments remitted were accurately recorded
in the City Financial System.
5.
Docusign Envelope ID: A3D70B7E-24E8-4C4C-898A-2B43058EC612
Page 3 of 4
RESOLUTION 2023-32654 APPROVAL
On June 28, 2023, the City enacted Resolution 2023-32654, which imposed specific limitations on
the types of containers required to be reported when used for the removal of construction and
demolition debris. Under this Resolution, only debris removed using specific non-wheeled metal
containers was to be reported, effectively exempting contractors using alternative methods such as
wheeled containers, dump trucks, and grapple services from reporting and paying related fees,
although the fees generated by these methods were subject to regulation under the City Code, based
on legal opinions received by the OIG from the City Attorney’s Office.
The 2023 Resolution limiting the scope of sanitation permit fees was based on the equipment used,
not on the nature of the transaction, i.e., removal of construction and/or demolition debris, has
significantly diminished the City's ability to collect sanitation fees from contractors based on roll-off
gross receipts. This has resulted in a decline in revenue generated from these services and
weakened City oversight of debris removal contractors.
LEGAL GUIDANCE RECEIVED
Following an OIG request for clarification, the Office of the City Attorney sent an email on September
1, 2023, affirming that Resolution 2023-32654 applied to all OIG audits that had not been completed
by that date. Consequently, the Resolution's scope was expanded to include not only future audits
but also those already in progress.
RESOLUTION’S POTENTIAL CONSEQUENCES
The following impacts were expected to result from the enactment of Resolution 2023-32654 and
consequent legal opinion:
• Contractors not using "conventional" roll-off containers could gain a temporary competitive
advantage because their methods of debris removal were excluded from the definition of taxable
roll-off services.
• It created a likelihood that more contractors would shift toward using equipment that is not
subject to the changed taxation guidelines in order to avoid collecting and paying permit fees to
the City.
• There would be fewer BTRs issued for roll-off activities, reducing the City's ability to regulate and
oversee these processes.
• As the Sanitation Division primarily relies on service fees for funding, the anticipated decline in
fee collections could lead to increased fees for its customers.
• The Sanitation Division could face staffing reductions due to the lost revenue.
AUDIT CONCLUSION
After reviewing Custom Pool Systems, LLC's provided documentation, it was determined that the
contractor did not use non-wheeled metal containers as defined by the City Code and required per
Resolution 2023-32654. Therefore, it could not be assessed based on the then existing City of Miami
Beach Code sections 90-221 and 90-278.
Docusign Envelope ID: A3D70B7E-24E8-4C4C-898A-2B43058EC612
Page 4 of 4
UPDATE ON SANITATION ORDINANCE
On November 20, 2024, the Mayor and City Commission unanimously approved an ordinance
sponsored by Commissioner Tanya Bhatt amending Sections 90-276 – 90-278 of the City Code,
which clarifies the circumstances under which a roll-off permit (and payment of the percentage of
gross receipts) is required from those individuals and entities engaged in demolition and/or removal
of construction debris and/or bulky waste in the City and providing limited exemptions from obtaining
a roll-off permit.
RESPONSES
The draft report was sent to the affected parties on October 14, 2024, for their review and
comments, in accordance with Section 2-256(h) of the City of Miami Beach Code, The OIG did not
receive any comments from the affected parties.
Respectfully submitted,
_________________________________ ______
Joseph M. Centorino, Inspector General Date
_________________________________ ______
Norman Blaiotta, Chief Auditor Date
cc: Eric Carpenter, City Manager
Bradford Kaine, Interim Public Works Department Director
Jason Greene, Chief Financial Officer
Ricardo J. Dopico, City Attorney
Cesar Cortes, Manager, Custom Pool Systems LLC
OFFICE OF THE INSPECTOR GENERAL, City of Miami Beach
1130 Washington Avenue, 6th Floor, Miami Beach, FL 33139
Tel: 305.673.7020 • Hotline: 786.897.1111
Email: CityofMiamiBeachOIG@miamibeachfl.gov
Website: www.mbinspectorgeneral.com
Docusign Envelope ID: A3D70B7E-24E8-4C4C-898A-2B43058EC612
12/5/2024 | 11:19 AM EST
12/5/2024 | 11:56 AM EST