R5L-Amend Ch 90 Penalties For Failure To Pay Franchise Fees -Weithorn-COMMISSION ITEM SUMMARY
Condensed Title:
First Reading to consider an Ordinance Amendment to increase penalties to private waste and
specialty contractors for not paying franchise and permit fees due to the City based on a percentage
of fees not paid.
Ensure Expenditure Trends Are Sustainable Over The Long Term.
Supporting Data (Surveys, Environmental Scan, etc.) N/A
Item Summary/Recommendation :
FIRST READING
ln two recent audits performed, the private waste contractors collected revenues and franchise fees
for rolloff services in the City and failed to report these revenues and remit applicable franchise and
permit fees to the City. The changes recommended for this ordinance primarily provide for eliminating
the current flat late fee and establishing a penalty based upon a percentage of fees not remitted. An
approach similar to penalties established for the City's resort tax collection is recommended.
Penalties for resort taxes not remitted are currently at 10% for those taxes due within 30 days after the
due date with additional penalties of 10% being charged for each subsequent 30 day period
afterwards with a cap of 50% penalty of the total amount of the fees. This change should encourage
compliance to the City Code by these contractors.
The Administration recommends that the City Commission 1) accept the recommendation to amend
penalties for solid waste franchise and permit fees not reported. 2) Approve the Ordinance at First
Readino and set a Second Readinq Public Hearinq for October 14.2015.
On April 28, 2015 the Audit Committee recommended increasing the penalty to private waste
contractors for not reporting franchise and permit fees to the City.
Financial I nformation :
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial lmpact Summary:
ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the longterm economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the longterm economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budoet
Clerk's Office
James Sutter
DA\201S\September\OBP|\Solid Waste Franchise Fees Penalties - First reading
AGENDA'"U R S L
orri ,z-lY-MIAMIBEACH 452
MIAMIBEACH
City of Miomi Beoch, I700 Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
OMMIS MEMORANDUM
To: Mayor Philip Levine and Members
FRoM: Jimmy L. Morales, City Manager
DATE: September 2,2015
f the City
FIRST READING
TO THE CITY BY PRIVATE WASTE AND SPEClALry GONTRACTORS
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE C!ry OF MIAMI
BEACH, FLORIDA, AMENDING GHAPTER 90 OF THE CODE OF THE CIry OF
MIAMI BEACH, ENTITLED "SOLID WASTE," BY AMENDING ARTICLE IV,
ENTITLED "PRIVATE WASTE COLLECTORS/CONTRACTORS," BY AMENDING
DIVISION 3, ENTITLED "FRANCHISE," BY AMENDING SECTION 90.225, ENTITLED
..FAILURE TO PAY FRANCHISE FEE" TO PROVIDE PENALTIES FOR FAILURE TO
PAY FRANCHISE FEES; AND BY AMENDING DIVISION 4, ENTITLED "SPECIALW
CONTRACTORS," BY AMENDING SEGTION 90-278, ENTITLED "FEES AND
REQUIREMENTS" TO AMEND THE PENAL TIES FOR THE FAILURE TO PAY
PERMTT FEES; PROVIDING FOR REPEALER; SEVERABILIW; CODIFIGATION;
AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMM ENDATION
The Administration recommends approval of the Ordinance amendment on first reading
and scheduling a second reading public hearing.
BACKGROUND
The City's lnternal Audit Division audits private waste contractors to verify whether
required franchise fees and other rolloff permit fees for solid waste picked up within the
City's limits are being reported to the City. Waste contractors charge their customers an
18% City franchise fee on revenues earned with the City limits. These franchise fees
are to be remitted monthly to the City. At present, the penalties for not paying the
franchise fees are based upon a flat fee of $50 for each late return or return not filed.
lnterest is also charged on any franchise or permit fees due to the City.
ln two recent audits performed within the current fiscal year, the specialty (rolloff)
contractors collected revenues and franchise fees for rollotf services in the City and
failed to report these revenues and remit applicable franchise fees to the City. Other
than standard interest allowed by the City Code, a flat fee of $50 is assessed for any late
returns or on revenues not reported. For these two audits, late fees amounted to $1,700
and $400 on assessed franchise fees not reported in the amount of $58,462 and $1,791
respectively.
453
Commission Memorandum
Amending Penalties for Franchise and Permit Fees Not Paid
September 2, 201 5 Page 2 of 2
ANALYSIS
These contractors did not comply with certain reporting provision sections in the City
Code during the audit period. They collected revenues and franchise fees for services
rendered within the City of Miami Beach and failed to file.
The changes recommended for this ordinance primarily provide for eliminating the
current flat late fee and establishing a penalty based upon a percentage of fees not
remitted. An approach similar to penalties established for the City's resort tax collection
is recommended. Penalties for resort taxes not remitted are currently at 10o/o for those
due within 30 days after the due date with additional penalties of 10% being charged for
each subsequent 30 day period aftenruards with a cap of 50% penalty of the total amount
of the fees. This change should encourage compliance to the City Code by these
contractors.
AUDIT COMMITTEE REVIEW
At the April 28, 2015 Audit Committee meeting, the committee recommended proposing
a change to the City ordinance to allow for a higher penalty which is based on a
percentage of fees not remitted rather than a flat non-filing fee. This change would be
similar to how penalties are currently calculated on businesses not remitting resort taxes
and would encourage timelier compliance. Commissioner Weithorn is sponsoring these
changes.
GONCLUSION
The Administration recommends that the City Commission 1) accept the
recommendation to amend penalties for solid waste franchise and permit fees not
reported. 2) Approve the Ordinance at First Reading and set a Second Reading Public
Hearing for October 14,2015.
T:\AGENDA\201S\September\OBPI\Solid Waste Franchise Fees Penalties - First Reading MEM.docx
454
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER
90 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED..SOLID WASTE," BY AMENDING ARTICLE IV, ENTITLED..PRIVATE WASTE CONTRACTORS," BY AMENDING
DIVISION 3, ENTITLED "FRANCHISE," BY AMENDING
SECTION 90.225, ENTITLED ..FAILURE TO PAY FRANCHISE
FEE," TO AMEND THE PENALTIES FOR FAILURE TO PAY
FRANCHISE FEES; AND BY AMENDING DIVISION 4,
ENTITLED "SPECIALTY CONTRACTORS,'' BY AMENDING
SECTION 90.278, ENTITLED "FEES AND REQUIREMENTS,''
TO AMEND THE PENALTIES FOR THE FAILURE TO PAY
PERMIT FEES; PROVIDING FOR REPEALER; SEVERABILITY;
CODIFICATION; AND AN EFFECTM DATE.
WHEREAS, the City Commission of the City of Miami Beach, Florida finds it in the
public interest to ensure that all areas within the City limits are adequately provided with
high-quality solid waste collection and disposal service; and
WHEREAS, the City Commission finds it in the public interest to strengthen its
regulatory authority, as permitted by law, over solid waste collection and disposal
because of the overriding public health, welfare, and ecological considerations
associated with the provisions of solid waste services; and
WHEREAS, the City Commission finds it in the public interest to ensure public
sanitation, to promote aesthetic considerations, and to protect the public investment in
right-of-way property; and
WHEREAS, the City Commission finds that charging penalties based on a
percentage of fees not paid for the failure to pay solid waste franchise and permit fees is
the best means of assuring that the above-described interests of the City are served.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA as follows:
SECTION 1. That Miami Beach Code Chapter 90, entitled "Solid Waste," Section 90-
225 and Section 90-278 are hereby amended as set forth below:
455
CHAPTER 90
SOLID WASTE
***
Article lV. Private Waste Contractors
***
Division 3. Franchise
Sec. 90-225. Failure to pay franchise fee; penalties.
lf a franchise waste contractor fails to pay any franchise fee (as set forth in section 90-
221), when due and within the time provided, the contractor shall pay any and all of the
city's expenses for collection of same, including, without limitation, audit costs and
reasonable attorney fees and costs. lf the contractor fails to pay the full franchise fee
on or before the last day of each month, i
penalty fees for private waste collectors/contractors shall
be as follows:
On.q,nal dernquency. Any franchise waste contractor who fails to remit
any franchise fee imposed bv this division within the time required shall
pav a penaltv of ten percent of the amount of the delinquent fee in addition
to the amount of the delinquent fee.
Confrnued delrnquency. Anv franchise waste contractor who fails to remit
the franchise fee on or before the 30th dav followinq the date on which the
fee first became delinquent shall pav a second delinquency penalty of ten
percent of the amount of the delinquent fee. in addition to the amount of
the fee. and the ten percent penalty imposed pursuant to section (1). An
additional penalty of ten percent of the amount of the delinquent fee shall
be paid for each additional 30-day period. or part thereof, durinq which the
franchise fee is delinquent, provided that the total penalty imposed bv
subsection (1) and this subsection (2) shall not exceed 50 percent of the
amount of the franchise fee. This penalty shall be in addition to the
franchise fee and interest imposed bv this division.
/nferesf. ln addition to the penalties imposed in subsections (1) and (2) of
this section, anv franchise waste contractor who fails to remit anv
franchise fee imposed bv this division shall pay interest at the hiqhest
leqal rate of interest permitted bv law on the amount of the franchise fee,
exclusive of penalties, from the date on which the franchise fee first
became delinquent until paid.
u
4
3)
456
fi Penalties merqed with franchise fee. Every oenaltv imoosed and all
interest accrued under the provisions of this section shall become a part of
the franchise fee required to be paid.
Division 4. ,p"",nr, Contractors
***
S u bd ivision I l. Rol loff/Portable Waste Contai ner Contractors
Sec. 90-278. Fees and requirements; penalties for non-pavment.
The permit fees and requirements for rolloff container and grapple service contractors
shall be as follows:
(6) Failure to pay permit fee; penalties for late payment lf the contractor fails to timely
pay the full permit fee as set forth in subsections (1) and (2) of this section, the
contractor shall pay any and all of the city's expenses for collection of such fees,
including, but not limited to, court costs, audit costs and reasonable attorney fees. lf the
contractor fails to pay the full permit fee on or before the last day of each month, -a-[iate
the ameunt due at the highest lavvful rate ef interest per annum, nenaltv fees for
specialty contractors shall be as follows:
a) On?rnal delrnquency. Anv specialty contractor who fails to remit anv
permit fee imposed bv this division within the time required shall pav a
penalty of ten percent of the amount of the delinquent fee in addition to the
amount of the fee.
b) Confrnued delrnquency. Any specialty contractor who fails to remit the
permit fee on or before the 30th dav followinq the date on which the fee
first became delinquent shall pav a second delinquencv penaltv of ten
percent of the amount of the fee in addition to the amount of the fee and
the ten percent penaltv imposed pursuant to subsection (1). An additional
penaltv of ten percent of the amount of the delinquent fee shall be paid for
each additional 30-day period. or part thereof, durinq which the permit fee
is delinquent, provided that the total penalty imposed by subsection (a)
and this subsection (b) shall not exceed 50 percent of the amount of the
permit fee. This penaltv shall be in addition to the permit fee and interest
imposed by this division.
457
c) /nferesf. !n addition to the penalties imposed in subsections (a) and (b),
anv specialty contractor who fails to remit any permit fee imposed bv this
division shall pav interest at the hiqhest leqal rate of interest permitted bv
law on the amount of fee, exclusive of penalties, from the date on which
the permit fee first became delinquent until paid.
g!) Penalfies meroed uzifh permrt fee. Every penaltv imposed and all interest
accrued under the provisions of this section shall become a part of the
permit fee required to be paid.
SECTION 2. SEVERABILITY
lf in any section, sentence, clause or phrase of this Ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no, way
affect the validity of the remaining portion of the Ordinance.
SECTION 3. REPEALER
All ordinances or parts in conflict herewith be the same are hereby repealed.
SECTION 4. CODIFICATION
!t is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made part of
the Code of the City of Miami Beach, Florida. The sections of this ordinance may be
renumbered or re-lettered to accomplish such intention, and, the word "ordinance" may
be changed to "section," "article," or other appropriate word.
SECTION 5. EFFECTIVE DATE
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of
ATTEST:
2015.
Philip Levine, Mayor
Rafael E. Granado, City Clerk
Underscore denotes new language
Stri*eh+eugh denotes deleted language
(Sponsored by Commissioner Deede Weithorn)
APPROVED PtrS TO
FORM & IANGUAGE
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