OIG No. 25-11 State Beachfront Management Agreement (3595) Operational Audit ReportTO:
FROM:
Joseph M.Centorino,Inspector General
Honorable Mayor and Members of the City Commission
Joseph Centorino,Inspector General
DATE:June 23,2025
PROJECT:State Beachfront Management Agreement (3595)Operational Audit Report
OIG No.:25-11
PERIOD:October 1,2022,through September 30,2023 (Sand Tax Payments)
October 1,2023,through September 30,2024 (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 2022/23 fiscal year transactions recorded in the City
sand tax general ledger account and departmental supporting documentation were examined for
completeness and accuracy.The City's fiscal year is from October 1 through September 30,so
the 2022/23 fiscal year would represent October 1,2022,through September 30,2023.
The audit also verified whether the 2023/24 fiscal year upland fees per unit and 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 State of Florida Department of
Environmental Protection (State).
This final report includes management responses received pursuant to City Code Section 2-
256(h ).
BACKGROUND
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 subsequently extended for an additional 25-year period beginning
February 7,2007.In return,the City agreed to remit to the Florida Department of Environmental
Protection (State)25%of any and all monies (sand tax)the City collects from concessionaires for
the use of State-owned 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
Page 1 of 6
Docusign Envelope ID: 02AFE55F-7658-4891-9004-4BA512FC2288
Space Park,21°and 46"Streets,and Pier Park.The current concessionaires approved
by the City Commission are Boucher Brothers Miami Beach LLC and Penrod Brothers,
Inc.,which pay for using the beachfront per their respective contractual agreements with
the City.
2.Miami Beach hoteliers,apartments,and condominium associations on the beachfront pay
the city "upland"fees annually based on the number of units.This category also includes
"non-upland"fee properties,i.e.,those not located on the beachfront that have 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 public members who organize,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 involve individuals and businesses wishing
to conduct commercial film,television,video,photography,and all other media use
projects on public property,which may also include purchasing Vehicle Beach Access
passes from TCD for parking of essential vehicles on the beach or sand areas of Miami
Beach.
The following table lists the City's quarterly sand tax payments remitted to the State during the
2022/23 fiscal year,totaling $887,909.23:
Check Date Period Check Number Check Amount
01/19/2023 Oct-Dec 2022 483929 $230,756.83
04/18/2023 Jan-Mar 2023 487031 $200,288.47
07/18/2023 Apr-Jun 2023 491130 $307,859.51
10/17/2023 Jul-Sep 2023 495178 $149,004.42
TOTAL $887,909.23
SUMMARY
The OIG Auditor examined all transactions recorded in the sand tax general ledger account during
the 2022/23 fiscal year to verify that each was correctly calculated and accurately recorded in the
City Financial System and that any associated monies due to the State were timely and
completely remitted.
Finding 1:Penrod Brothers,Inc.(Penrod Brothers)underreported revenue by $6,221.01 in the
first quarter (October through December 2022),leading to an underpayment of $404.37 to the
City.
Finding 2:The Asset Management Division incorrectly applied a sales tax credit from the prior
year's audit finding to the gross receipts amount rather than properly adjusting the sales tax
calculation.Additionally,an incorrect tax rate of 7%(rather than 6.5%)was applied,which resulted
in overbilling the Boucher Brothers and an overpayment of $2,762.31 to the State.
Finding 3:Due to the application of an incorrect sales tax rate (7%rather than 6.5%)in an invoice,
the Asset Management Division overbilled the Boucher Brothers by $500 and overpaid that
amount to the state.
Page 2 of 6
Docusign Envelope ID: 02AFE55F-7658-4891-9004-4BA512FC2288
FINDINGS,RECOMMENDATIONS,AND MANAGEMENT RESPONSES
1.ONCE PAYMENTS ARE RECEIVED,SAND TAX OF $101.09 WILL BE DUE TO THE
STATE BECAUSE REVENUE WAS UNDERREPORTED BY $6,221.01.
Criteria
According to section 4.1.3 of Penrod Brothers,Inc.Concession Agreement regarding
concession fees,"The parties agree to amend Paragraph 13 of the Pier Park Restaurant
Lease Agreement by increasing Penrod's percentage rent due to the City to a maximum
of six and one-half percent (6.5%)of "gross receipts",as said term is defined in Subsection
4.1.4 below,and the amended Pier Park Restaurant Lease Agreement.
Section 4.1.4 of Penrod Brothers,Inc.Concession Agreement states,"The term "gross
receipts"is understood to mean all income,whether collected or accrued,derived by
Penrod's {whether as Concessionaire under this Agreement or as Lessee under the Pier
Park Restaurant Lease Agreement),or any licensee,sub-concessionaire,or subtenant of
Penrod's (whether as Concessionaire under this Agreement or as Lessee under the Pier
Park Restaurant Lease Agreement),from all business conducted upon or from the
Concession Area or the "Premises,"as such term is defined in the Pier Park Restaurant
Lease Agreement,including but not limited to receipts from the sale of food,beverages,
alcoholic beverages,rental of lounging and related equipment,sale of merchandise,rental
of space,including percentage rents,or from any other source whatsoever.
Under Management Agreement Number 3595,the City is required to remit 25%of all
revenue collected from concessionaires for the use of State property to the Florida
Department of Environmental Protection.
Condition
The OIG Auditor reviewed and recalculated all sales subject to sand tax from the
Concessionaire,comparing them to the sales reported to the City from October 1,2022,
to September 30,2023.This analysis aimed to verify that the appropriate taxes were
collected and remitted to the State of Florida.
During the review,the Auditor identified discrepancies totaling $6,221.01 in the first three
months of the audit period.Penrod Brothers'underreporting led to an underpayment of
$404.37 (6.5%)to the City.Once the City collects the money,it should remit a payment of
$101.09 (25%)to the State.
Cause
Penrod Brothers did not report all the food &beverages sold at the beach.
Effect
The underreporting of sales and resulting tax underpayments have led to a direct revenue
loss for the City and a tax revenue shortfall for the State.
Recommendations:
The Asset Management Division should bill Penrod Brothers $404.37 to correct the
underpayment.Once the payment is received,the City should remit $101.09 in Sand Tax
to the State.Further,the Asset Management Division should strengthen its oversight
measures through periodic reconciliations or independent verifications to prevent future
underpayments to the State.
Page 3 of 6
Docusign Envelope ID: 02AFE55F-7658-4891-9004-4BA512FC2288
Asset Management Response:
We reviewed this with Penrods.The original reports received were in PDF.For purposes
of the audit,the Asset Team requested the reports be converted to an excel format and
those were sent to the auditor.The excel format picked up names from busboys or
Runners,which is already included in the report for the Servers.Penrod's Beach Server
report is just a subset of the rent report to show how much was sold on the beach so the
City can pay the State the right amount of tax.The way Penrod's tracks who sells on the
beach is tracked in this system,which is there because there are servers that don't tip out
to Busboys or Runners because they do this themselves.These records were not included
in the original reports sent at the time,which are correct.
The original calculation is correct and nothing further needs to be done.
2.AN INCORRECT SALES TAX RATE WAS APPLIED.
Criteria
According to the Florida Department of Revenue,the Sales and Use Tax on the Rental,
Lease,or License to Use Commercial Real Property during 2022 was 5.5%,plus any
applicable discretionary sales surtax.This tax is due on the total rent charged for renting,
leasing,or granting a license to use commercial real property in Florida unless the rent is
specifically exempt.The discretionary sales surtax rate for Miami-Dade County is 1%,
imposed by the county where the real property is located.
Condition
The Asset Management Division erroneously applied a 7%sales tax rate instead of the
correct 6.5%rate,leading to an overbilling of sales tax.Consequently,an excess amount
of $2,762.31 was collected and remitted to the state.
Cause
The Asset Management Division applied an incorrect sales tax rate.
Effect
Overbilling sales tax may lead to mistrust and disputes from the concessionaires.
Misapplication of tax rates and adjustments may violate state tax regulations,exposing
the City to fines or corrective actions from regulatory agencies.
Recommendations:
(i)The Asset Management Division should implement internal controls to verify that
the correct sales tax rate is consistently applied to all transactions.
(ii)Asset Management Division should refund Boucher Brothers the $2,762.31 in
overbilled sales tax and coordinate with the State to request a credit for the excess
sales tax remittance.
Asset Management Response:
The Asset Management Division will credit Boucher Brothers the $2,762.31 in overbilled
sales tax and coordinate with the Finance Dept.to credit the State the overpayment.
Page 4 of 6
Docusign Envelope ID: 02AFE55F-7658-4891-9004-4BA512FC2288
3.THE ASSET MANAGEMENT DIVISION OVERBILLED $500 IN SALES TAX TO
BOUCHER BROTHERS AND OVERPAID THAT AMOUNT TO THE STATE.
Criteria
Per the Florida Department of Revenue,the Sales and Use Tax on the Rental,Lease,or
License to Use Commercial Real Property during 2022 was 5.5%,plus any applicable
discretionary sales surtax.This tax is due on the total rent charged for renting,leasing,or
granting a license to use commercial real property in Florida unless the rent is specifically
exempt.The discretionary sales surtax rate for Miami-Dade County is 1%,imposed by the
county where the real property is located.
Condition
The OIG Auditor reviewed all recorded payments made to the City during FY2023 to verify
the True-up for the 21st and 46"payments due on March 30,2024.This review assessed
whether the City's share of gross revenues exceeded the Minimum Guarantee and verified
the sand tax and sales tax calculations.The audit also examined compliance with the
Bouchers Brothers Agreement,the State Beachfront Agreement,and the Florida
Department of Revenue's Sales and Use Tax on Commercial Real Property.
During the review,the Auditor found that the City's Asset Management Division applied
an incorrect sales tax rate of 7%on invoice #40678 instead of the correct 6.5%rate
applicable for commercial rent in 2023.As a result,Boucher Brothers was overcharged
by $500 in sales tax,which was subsequently remitted to the Florida Department of
Revenue.
Cause
The Asset Management Division calculated the sales tax using the incorrect sales tax
percentage rate.
Effect
•Boucher Brothers was overbilled by $500,which could result in a refund claim that
would impact the city's revenue reconciliation.
•Misapplied tax rates in other invoices may indicate systemic errors,potentially
affecting a larger financial scope.
•Noncompliance with the Boucher Brothers Agreement and tax laws may weaken
the City's contract enforcement and credibility in future agreements.
Recommendations:
(i)The Asset Management Division should implement stronger controls such as
automated tax rate verification and periodic reconciliations.
(ii)Issue a refund or credit adjustment of $500 to Boucher Brothers.
(iii)Coordinate with the State to request a credit for the $500 excess sales tax
remittance.
Asset Management Response:
This is correct.The Asset Management Division will issue a credit adjustment of $500 to
Boucher Brother and coordinate with the Finance Dept.to secure credit for the $500
excess sales tax remittance with the State.
Page 5 of 6
Docusign Envelope ID: 02AFE55F-7658-4891-9004-4BA512FC2288
SCOPE,OBJECTIVES,AND METHODOLOGY
The primary scope of this audit was 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 east of the dunes for the use of State-owned beachfront property during the 2022/23
fiscal year.Also included in the scope was determining the validation and completeness of the
2023/24 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 occurring during the 2022/23 fiscal
year were accurately calculated and recorded in the City Financial System.
•To determine whether the Finance Department timely remitted quarterly 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 2023/24 fiscal year upland,non-upland,and beachfront concession fees to all
examined 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 State Beachfront Management Agreement No.3595;
•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;
•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.
Norman Blaiotta,Deputy Chief Auditor Date
cc:Eric Carpenter,City Manager
Ron Mumaw,Facilities and Fleet Management Department Director
Lissette Garcia Arrogante,Tourism and Culture Department Director
Jason Greene,Chief Financial Officer
OFFICE OFTHE INSPECTOR GENERAL.City of Miami Beach1130WashingtonAvenue.6"Foor.,Miami Beach,FL 33139
Tel:305.673.7020 •Fox:305.587.2401 •Hotline:786.897.1111
Email:CityofMiamiBeachOIG@miamibeachfl.gov
Website:www.mbinspectorgeneral.com
Page 6 of 6
Docusign Envelope ID: 02AFE55F-7658-4891-9004-4BA512FC2288
6/25/2025 | 9:48 AM EDT