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Home My WebLink AboutR-94-03060 J-94-358 4/20/94 RESOLUTION NO. 94- 306 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS MEMBERS OF THE OCCUPATIONAL LICENSE EQUITY STUDY COMMISSION FOR TERMS OF OFFICE AS DESIGNATED HEREIN. WHEREAS, the City Commission, on July 8, 1993, adopted Resolution No. 93-418 establishing an Occupational License Equity Study Commission for the purpose of recommending changes to the Occupational License Tax rates in accordance with Section 205, Florida Statutes (1993); and WHEREAS, pursuant to Resolution No. 93-766, adopted December 16, 1993, the City Commission established a committee known as the City's Boards and Committees Review Committee and directed said Committee to evaluate the performance and effectiveness of each existing City board and committee and make recommendations to the City Commission regarding the continuation, abolishment or consolidation of said boards and committees and of any changes which should be made in the membership, function or any other characteristic of said boards and committees; and CITY COMSS1O11 MEETING OF MAY 0 5 1994 Resolution Na 94- 306 `� WHEREAS, pursuant to the City Commission's directive, the City's Boards and Committees Review Committee held meetings and rendered a report making findings and recommendations to the City Commission, at its meeting of February 17, 1994, one of said recommendations being that the terms of all current members of the Occupational License Equity Study Commission shall be terminated and that new members shall be appointed; and WHEREAS, pursuant to Ordinance No. 11130, adopted March 24, 1994, the City Commission adopted the City's Boards and Committees Review Committee's recommendations and terminated the terms of all current members of the Occupational License Equity Study Commission as of the effective date of said Ordinance, with the proviso that said current members shall continue to serve until their successors are appointed; and WHEREAS, the City Commission wishes to appoint certain individuals as members of the Occupational License Equity Study Commission; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The following individuals are hereby appointed as members of the Occupational License Equity Study Commission, each member to serve a term of two (2) years commencing this date or until the nominating commissioner leaves office, whichever occurs first: -2- 94- 306 .APPOINTEES: Arthur J. Morrison 1. TalTff-xtskffrts 2. 3. Robert Fairless 4. Kishor Parekh 5. NOMINATED BY: Mayor Stephen P. Clark Vice -Mayor Miller J. Dawkinsl/ Commissioner Victor H. De Yurre Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. l/ Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 5th day of May , 1994. STE HEN P. CL RK, MAYOR ATT MATTY HIRAI CITY CLERK PREPARED AND APPROVED BY:,�d ( • /,.1 L) dl 0 L E. MAXWE EF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: A. QU N J E , III CITY ATTOR E M4289/JEM/mis '94— SG6 1/ The term of this appointment commences this date although said appointment becomes effectiv(_-3- upon submission in writing to the City Clerk of the member's name by the City Commissioner indicated above. i CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Cesar Odio DATE : November 16,1994 FILE ,-0 City Manager SUBJECT FROM : Ste ark Mayor REFERENCES :Occupational License Equity Study Commission ENCLOSURES: Please be advised that I would like to nominate Mr. Arthur J. Morrison to serve as my appointment on the Occupational Equity large alternate member to the Occupational License Equity Study Commission. His resume is attached for the City Clerk's files. Thank you. cc: Cesar Odio, City Manager Matti Hirai, City Clerk C-) < ��1� �A �1 z a i,:► C7 w 9- 9y-3o(0 ARTHUR. J. MORRISON P.O, Box 530935 Miami, FL. 33153 Personat 50 years old n n M O RESUME ram' y w � W Telephone 7514--14412 5'5" 141 pounds Education: B.A., 1966. Harvard University- Major: Social Relations; MInor: Spanish M.Ed. Jan. 197Z- Guidance and Counseling Studied 1970-71 University of Aarhus, Aarhus, Denmark Certificate: Escuela International, Torrcmolinos, Spain Rank III teaching certificate in Sociology and Spanish. Experience: Summers Worked as a counselor in an international boys' camp, 164,165 Camp Rising Sun, a tcholarsbip camp, in Rhinebeck, New York. The camp consisted of 5b specially -selected high school boys from Europe. Africa, Asia and the USA. The aim of the camp was to provide* meaningful, stimulating personal and academic experience for each boy by providing lectures, dramatics, talks, projects, academics and trips. Sep. '64 Chairman, International Student Committee, Phillips to Brooks House, Harvard University, Cambridge, Jun. 166 Massachusetts. Provided host students for in -coming foreign students, Sep. 166 Captain, [GAF, Special Services Officer, Supervised eight to persons. Responsible for the administration of bowling Mar. 170 alley, accounting office, education office, two night clubs, three theaters, hobby shops, gymnasium, and community center. The Special Services division was composed of 78 employees, 7010 Danish nationals, when I was in Greenland. Aug. 171 Social worker, Dade County Department of Youth Services, to 1701 NW 30th Ave. Worked in the Intensive Care Unit which Jan. 172 provided case work for dependent children. ages 6-17. 197Z-1978 School Counselor Teacher. Worked for the Dade County School Board, Taught English as a second language. Responsible for providing individual and group counseling to students at all grade levels. Presented seminars for teachers on counseling techniques in the classroom. 1974- Present Admissions Liaison Officer. Recruiter for the United States Air Force Academy and the Air Force Reserve Officer Training Corps (R.O. T. C. )• Pro?ram for South Florida. Responsible for recruiting minority students to attend the q4-3oG . US,-. �,A and to enter the R.O. T.C. 1 gram. Duties include visiting area colleges, high schools, college fairs, and homes; arrangkng meetings between cadets and prospective cadets; and writing recommendations and reports. 1974- Equal Opportunity Officer. Responsible for conducting Present Equal Opportunity seminars for the Air Force Reserve at Homestead Air Force Base, Miami. Also responsible for managing the Equal Opportunity complaint program, processing all complaints filed, and submitting reports to the Air Force Reserve Headquarters. 1974- Drug/Alcohol Counselor, Responsible for conducting Present drug alcohol abuse seminars for the 3, 000 persons assigned to the Air Force Base, and providing personal counseling. 1975 Adjunct Professor. Taught Economics at the Homestead Air Force Base Branch pf St. Leo College. i 1980- Real Estate Broker. Doing business as A. J. Morrison Present Realty in Miami, Florida. Buy, sell, :lease, manage all types of real estate, 1982- Real Estate Appraiser and Instructor, Member, National Present Association of Master Appraisers, Education: J.D. degree, Nova Law Center, December 1982, M. Ed, degree, University of MIami, 1973. B,A. degree, Harvard University, 1966. Ce rtific ate s: Defense Race Relations Institute - 1975. Drug and Alcohol Abuse Ca-wiee - 1976. Equal Opportunity and Treatment Course - 1977. Professional Personnel Management Course - 1983. Background- Born in Riviera Beach, Florida, Attended public schools in West Palrr. Beach and Summer School in Andover, Massachusetts. Active in boy scouts. Personal Member of NAACP, Urban League, ACLU. Enjoy racquet Interests: ball, stamp and coin collecting, scuba diving, chess, bee keeping, gardenink, horne and auto repairing, and reading. Speak Spanish fluently, References: Forward on requests, .. __ �,. _._ ._.... �. _........ ^u T 03"a ti SENT BY: 11-30-04 ; 4:55PM DEPT, OF FINANCE-- 4/ 4 tiff x of loss so October 07, 1994 Mrs, John Xiskinis 4090 Laguna Street Suite 203C Coral Gables, Florida 33146 Dear Mr. Kiskinisi This is to inform you that your appointment to the Occupational License Study Commission has been determined by the City's Law Department to be not in compliance with the state statute. The City appreciates your willingness to serve on this committee and hopes that another opportunity will come up in the near =r future. If you have any questions concerning this action, please call me at 372-4650, Sincerely, Garr M. Houck Assistant Finance Director GMH/ta Ca Mayor Stephen Clark FINANCE DEPARTMENT/Treasury Management Division Q (,�, " a06 P.O. Box 330708/Miami, Florida 33233-0708 SENT BY: 11-30-94 ; 4:54PM ; DEFT. OF FINANCE CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO : Mayer. Stephen Clark September 22, 1994 9UBJEcr : Appointment to occupational License Equity Study Commission i; i FROM : Cesar Odio REFERENCES City Manager EHcLes is This is to inform you that your appointment of Mr. John Kiskinis, to the occupational License Equity Study commission does not comply with the state statute requirements, in accordance with attached legal opinion. I would appreciate? your informing the City's Finance Director of your new appointment to that commission. CEG/ssp post -it, Fax Note 7671 oate• -4 V Peges► Attachment Ta (a 144 From c: Carlos E. Garcia 1D� �� "ii "`'� N CO.�' y�U Gary M. Houck Phone A Phone ___ _ F•ax N ;# 1/ 4 A CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO HONORABLE STEPHEN P. CLARK, MAYOR AND MEMBERS OF THE CITY COMMISSION FROM : A �� MATTY HIRAI City Clerk DATE : April 7, 1994 FILE : SUBJECT : Introductory Statement to Appointments to be made to Boards and REFERENCES :Committees ENCLOSURES: Listed hereinbelow, please find, in a very abridged fashion, those basic guidelines and standards contained in Ordinance 11130 (adopted March 24th, 1994) for the creation and review of City Boards which are common to all City Boards. The reason for the gleaning of said information up front is so that said information would not have to be repeated in the attached memoranda which individually' addresses certain designated City Boards and/or Committees. (1) (2) MEMBERSHIP OF BOARDS: All members of City boards shall either be permanent residents of the City of Miami or work or maintain a business within City limits, and shall have good reputation for integrity and community service. Members should also have demonstrated an interest in the field, activity or sphere covered by the board; and each board shall include at least one (1) member whose livelihood does not -depend on the area regulated or administered by the board. The City Commission may, by four -fifths' vote, waive the requirement that members either, reside, work or maintain a business within City limits. The City Clerk must be immediately advised if any member ceases to reside/ work/ maintain a business in the City during his/her term of office. Upon being advised by the Clerk of such circumstance, the Clerk shall notify the City Commission, in writing, of said circumstance. The Clerk 94- 306 .5_/ shall declare the position to be vacant and the Commission shall promptly proceed to fill said vacancy. No City Board member shall become a candidate for elective political office during his/her term. The following boards were abolished: I. Youth Gang Task Force 2. Youth Advisory Council 3. Wynwood SNID Advisory Council 4. Visions 2000 5. Asian Village Committee 6. Unsafe Structures Board 7. Bayside Minority Foundation 8. Park -Advisory Board 9. Overtown Independent Review Panel 10. Office of Professional Compliance Advisory Board 11. Northeast Area Task Force (2.A) As of effective date of this Ordinance, the following boards shall have the number of members as designated hereinbelow, and their membership shall terminate as of the effective date of this Ordinance (April 25, 1994): 1. Bayfront Park Management Trust (14) 2. Citywide Community Development Advisory Board (18) 3. Coconut Grove Standing Festival Committee (5) 4. Downtown Development Authority (11) 5. Overtown Advisory Board (15) 6. Street Codesignation Review Committee (5) 7. Occupational License Equity Study Commission (5) S. Committee on Ecology and Beautification (50) 9. Commission on the Status of Women (25) 10. Tax -Exempt Property Steering Committee (5) 11. Audit Advisory Committee (5) 12. Coconut Grove Parking Advisory Committee (9) 13. Urban Development Review Board (9) and (1) Alternate 14. Latin Quarter Review Board (10) 15. Nuisance Abatement Board (5) 16. International Trade Board.(15) 17. Historic and Environmental Preservation Board (9) and I) alternate 18. Health Facilities Advisory Board (5) 19. Miami Sports and Exhibition Authority (11) 20. Waterfront Advisory Board (10) and (1) Alternate 21. Property and Asset Review Committee (5) 22. Budget and Finances Review Committee (5) Exempted from the above sunsetting guidelines regarding board members' terms of office are the following City Boards: 04- 06 1. Affirmative Action Advisory 2. Civil Service Board 3. Off -Street Parking Board of 4. Planning Advisory Board 5. Code Enforcement Board 6. Zoning Board Board the City of Miami (3) TERMS OF OFFICE: The terms of office of each board member shall run concurrently with the term of office of the nominating Commissioner. When the nominating Commissioner leaves office, he/her board appointee's term shall expire. Terms of office shall never exceed eight (6) consecutive years on any one City Board, though nothing shall prohibit reappointment of said individual to a City board after a hiatus of two (2) years. (4) ATTENDANCE REQUIREMENT: There will be automatic removal of a board member if: (a) the board member is absent three consecutive times to a formally called meeting, or (b) he/she is absent from four (4) of the board's meetings during a given calendar year, or (c) a given board member does not attend at least 50 percent of all board meetings held during a given calendar year. A member shall be deemed absent if not present at least seventy-five percent (75%) of the meeting's duration. Provisions of this section may be waived by a four -fifths vote of the members of the full City Commission. (5) QUORUM REQUIREMENTS: Required Quorum for all board meetings shall consist of 50 percent (50%) plus one (1) of the boards's total membership. (6) NOTICE TO CLERK OF BOARD MEETINGS: All boards shall provide the City Clerk written notice of their meeting(s) at least seven (7) days prior to said meeting, except in instances of emergency meetings. (7) CITY CLERK TO KEEP RECORD OF BOAFkDS: The City Clerk (or his/her designee) shall serve as liaison between the City Commission and all City boards. The C'.erk shall prepare a standard form to be used by all boards to report their members' attendance to meetings. All City boards shall submit copies of the Minutes of their meetings and records 94- 306 3 4 of their members' attendance to the Clerk within the five (5) days after each meeting. The Clerk shall inform the Commission whenever a board member has exceeded the number of permissible absences and said member will be automatically removed from the board. The Clerk shall immediately inform the City Commission, in writing, that said position has been declared vacant and a successor member must be promptly appointed to fill said vacancy. (8) ANNUAL REPORT: Commencing on 1995, each City Board/Committee shall report as follows: (a) By January 15th, 1995, and by January 15th of each subsequent year, the chairperson shall submit a report to the City Manager setting forth specific information on their specific Board/Committee, as more fully outlined in Section 2-434 of Ordinance 11130, page 8, concerning their servicing of current community needs, their board's major accomplishments, etcetera. [Note: Please refer to applicable Ordinance section for further detail regarding this requirement) (9) NET ADMINISTRATOR AS LIAISON TO BOARDS: Each NET Administrator of the City shall be the administrative liaison to regional boards which may operate within his/her geographical area of responsibility. Specifically, the NET Administrators responsible for the below listed NET Offices shall be liaisons to the hereinbelow listed boards: NET OFFICE 1. The NET Overtown Service 2. The NET Downtown Service -- Center 3. The NET Little Havana Service -- Center 4. The NET Coconut Grove Service -- Center BOARD The Overtown Advisory Board The Downtown Development Board The Latin Quarter Review Board (a) The Coconut Grove Parking Advisory Committee, and (b) The Coconut Grove Standing Festival Committee (10) "SUNSET" REVIEW OF BOARDS: Commencing in 1995, each City Board shall be reviewed in the following manner: By February 15th of the specific year in which a given board is to be reviewed, the City Manager shall deliver to the Commission the report submitted by each board chairperson OA- 0nn together with any comments/recommendations the City Manger may desire to submit. During the month of March, the chairperson shall make an oral presentation to the City Commission. At the conclusion of said presentation, any individual Commissioner may request that a Special Purpose Board ("SPB") be formed to evaluate the chairperson's report, the Manager's recommendation(s) and/or any other information it may deem relevant, in order to determine whether said board should continue in its present form. The SPB shall report its findings to the full Commission within 90 days. Once this review process is concluded, the City Commission shall determine whether to abolish/continue/consolidate or modify said board for the ensuing four (4) years. This process shall not be construed to refer to any multi -jurisdictional board. Section 2-436 of Ordinance 11130, page 9, fully outlines, the City Boards which shall be initially reviewed beginning the year 1995, and every four (4) years thereafter. II. ADDITIONAL RECOMMENDATIONS OF THE REVIEW COMMITTEE In addition to the basic recommendations from the Review Committee (already incorporated into Ordinance 11130), the Review Committee made additional recommendations requiring further action. Hereinbelow please find an outline of said additional recommendations, as well as present status of each recommendation: A. ADDITIONAL RECOMMENDATIONS IMPACTING At the meeting of March 24th, the Review Committee submitted additional recommendations for the Commission's consideration regarding certain designated boards and/or committees. Upon adoption of Resolution 94-219, the City Commission accepted and adopted said Additional Recommendations. Of the twelve (12) additional recommendations outlined (incorporated by Resolution 94-219) require amendments which are to be prepared by the Law Department in the form of amendatory resolutions (THESE REMAIN UNRESOLVED), namely: * Citywide Community Development Advisory Board * Overtown Advisory Board 134- 3 G 6 r. * Occupational License Equity Study Commission * Health Facilities Advisory Board Further, our records show that Resolution 94-183 (Adopted March 24th, copy attached) restructured the following committees and/or Commission(s): * the Committee on Ecology and Beautification; * the Commission on the Status of Women; and * the "Tax -Exempt Property Steering Committee. [RECOMMENDATIONS WERE ACCEPTED AND THE ABOVE COMMITTEES WERE RESTRUCTURED AND INCORPORATED BY R-94-183. -- ISSUE RESOLVED] There were five (5) other recommendations addressing the hereinbelow listed boards and/or authorities, as follows: 1. OVERTOWN ADVISORY BOARD- The recommendation was to expand its scope and purpose to include all issues affecting or impacting the Overtown area. [NOTE: LAW DEPARTMENT ADVISES THAT AGREEMENT HAS BEEN REACHED ON THIS RECOMMENDATION. IT WAS INCORPORATED AS PART OF THE PRESENT GUIDELINES INCORPORATED BY RESOLUTION 94-219 - BUT ISSUE REMAINS UNRESOLVED.] 2. OFF-STREET PARKING AUTHORITY/COCONUT _GROVE PARKING ADVISORY- This additional recommendation stipulates that the Off -Street Parking Authority should create a subcommittee to incorporate the Coconut Grove Parking Advisory in order that it may become a subcommittee of the Off -Street Parking Authority. [NOTE: NO DECISION HAS BEEN TAKEN AS YET ON THIS RECOMMENDATION - REMAINS UNRESOLVED.] 3. MIAMI SPORTS AND EXHIBITION AUTHORITY- The Review Committee recommended that a policy decision should be taken placing greater emphasis on the Authority's total purpose, i.e. the Authority should place greater concentration on the "Exhibition" aspect of its mission. [NOTE: NO DECISION HAS BEEN TAKEN AS YET ON THIS RECOMMENDATION - ISSUE REMAINS UNRESOLVED.] 4. INTERNATIONAL TRADE BOARD- The Review Committee recommended that the ITB Special Committee Internal Audit Report be approved. [NOTE: Said report was accepted and approved by Resolution 94-219. ISSUE RESOLVED.] 5. will require a 2) boards should be merged. Said merger combination of the purposes, powers and '4- 306 duties of both boards. The City Attorney's office will need to conduct a careful review of the Ordinance creating each board and meet with appropriate Administration personnel in order to properly accomplish the proposed merger. [NOTE: ISSUE REMAINS UNRESOLVED.] B. GENERAL RECOMMENDATIONS: 1. EFFECTIVE DATE OF "SUNSETTING" OF BOARDS AND COMMITTEES MEMBERSHIP. The committee also recommended the sunsetting of all current board and committee members as of the April 1st. However, inasmuch as said date did not provide the necessary time to allow for two (2) readings of the Ordinance, agreement was reached to make "April 25, 1994" the effective date of Ordinance 11130 . [ISSUE RESOLVED.] 2. COMPENSATION OF BOARD AND COMMITTEE MEMBERS. The Review Committee recommends that: (a) The City Commission should eliminate all health insurance benefits provided for all board and committee members. [NOTE: THIS RECOMMENDATION HAS NOT BEEN DISCUSSED OR RESOLVED AS OF YET.] . (b) The City Commission should review the issue of compensation to board and committee members with the view of either reducing or eliminating said compensation. [NOTE: THIS RECOMMENDATION HAS NOT BEEN DISCUSSED OR RESOLVED AS OF YET.] III. RECOMMENDATIONS FOR THE CREATION OF NEW BOARDS AND COMMITTEES: The Review Committee further recommended that three (3) new committees be created, namely, the: (1) City of Miami Property 'and Asset Review Committee [COMMITTEE CREATED, ISSUE RESOLVED]. (2) Budget and Financial Review Committee [COMMITTEE CREATED - ISSUE RESOLVED]. (3) Select Committee on Unified Development Projects [ISSUE UNRESOLVED] 14- 306 7 The Review Committee's recommendations for the creation of Committees number (1) and (2), above, were accepted and the Committees were created. However, the recommendation for the creation of Committee number (3) above, namely, the "Select Committee on Unified Development Projects," still remains unresolved. Said Committee would be charged with reviewing proposals submitted to the City in response to Requests for Proposals which would be issued by the City concerning Unified Development Projects. Therefore, it would involve a referendum, since UDP's require a Charter amendment. The City Attorney's Office will need additional time in order to carefully draft appropriate language which will withstand any possible challenges. (a) PURPOSE- Its purpose will be to review proposals submitted to the City in response to Requests for Proposals (RFPs) issued by the City for a Unified Development Project, and to make recommendations to the City Commission. (b) MEMBERSHIP/APPOINTED BY- The recommended membership for this Committee will be seven (7) members. Five (5) members to be appointed by the City Commission, and two (2) appointments to be made by the City Manager. (c) CITY LIAISON- The recommendation was to have the Director of Asset Management as the liaison to this committee. MH:hr [NOTE: ISSUE UNRESOLVED] Attached hereto please find individual interoffice memoranda addressing certain designated City Boards and/or Committees concerning their present composition and membership, in order that the City Commission may individually address the appointment/reappointment of new members. 94- 306 BACKGROUND INFORMATION AT TIME OF CREATION OF THE OCCUPATIONAL LICENSE EQUITY STUDY COMMISSION (attached hereto for your information): TABLE OF CONTENTS: 1. Memorandum addressing its creation purpose and composition. 2. Copy of R 93-418 and minutes of the Commission meeting at which it was created (July 81 1993). 3. Copy of F.S. Chapter 205 amendment regulating the levying of municipal occupational license taxes. CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO : DATE : FILE HONORABLE STEPHEN P. CLARK, MAYOR April 7, 1994 AND MEMBERS OF THE CITY COMMISSION SUBJECT Occupational License Equity Study Commission FROM : , � REFERENCES April 28th Commission MATTY HIRAI ENCLOSURES Meeting City Clerk Pursuant to Ordinance 11130 (adopted on March 24, 1994) the Occupational License Equity Study Commission's membership shall consist of five (5) members. This Commission was originally created on July 8, 1993 to recommend changes to the Occupational License Tax rates in accordance with an amendment to Chapter 205, (Florida Statutes) which regulates the levying of municipal occupational license taxes. More specifically, said amendment allows for: (a) a reclassification of license categories, (b) an increase of up to 10 percent in license tax, and (c) the appointment of members to a Commission whose members must be representative of the business community. While Resolution 93- 418 called for the appointment of five (5) members to said Commission, no appointments have ever been made. Our records show Mr, Gary Houck as the present City .administration's liaison to said Committee. Attached, for your information, please find a copy of Resolution 93-418, the minutes of the meeting at time of adoption of said Resolution and (c) a copy of F.S., Chapter 205 ("Local Occupational License Taxes"). Present Membership: None. [Five (5) vacancies to be filled-] The City Attorney has scheduled Commission appointment of all members on the agenda for the April 28th Commission meeting. MH:sl cc: Gary Houck, liaison of Commission Assistant Director of Finance Department, the Occupational License Equity Study C-93-379 6/9/93 RESOLUTION NO. 93- 418 A RESOLUTION ESTABLISHING AN OCCUPATIONAL LICENSE EQUITY STUDY COMMISSION ("COMMISSION") FOR THE PURPOSE OF RECOMMENDING CHANGES TO THE OCCUPATIONAL LICENSE TAX RATES IN ACCORDANCE WITH SECTION 205, FLORIDA STATUTES; FURTHER APPOINTING CERTAIN INDIVIDUALS TO SERVE AS MEMBERS OF SAID COMMISSION. WHEREAS. the State Legislature passed and the Governor signed a bill amending Florida Statute, Seotion 205, regulating the levying of munioipal 000upational lioense taxes; and WHEREAS, the amendment allows for a reolassifioation of lioense categories; and WHEREAS, the amendment allows for an inorease of up to ten peroent (10%) in lioense tax; and WHEREAS, the amendment further requires the establishment of, and appointment of members to. a Commission whose members must be representative of the business oommunity; NOW, THEREFORE. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Seotion 1. The reoitals and findings oontained in the Preamble to this Resolution are hereby adopted by referenoe thereto and inoorporated herein as -if fully set forth in this Seotion. 9 306 rc eomeSSION EETING OF tL 0 8 1993 Section 2. The Commission is hereby established for the purpose of recommending changes to the Occupational License Tax rates in accordance with Section 205, Florida Statutes. i Section 3. The following individuals are hereby appointed as members of -said Commission: j Appointee Appointed eg [Appointment pending] Mayor Xavier L. Suarez (Appointment pending] Vice Mayor Victor E. DeYurre ]Appointment Rending] Commissioner Miriam Alonso fAppointment pending] Commissioner Miller J. Dawkins [Appointment pendingl Commissioner J.L. Plummer, Jr. Section 4. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this Ath day of July 2993. XAVIER L SUAREZ, MAYOR CITY CLERK PREPARED AND APPROVED BY: CARMEN L . LEON ASSISTANT CITY ATTORNEY 1q CLL:osk:M3674 APPROVED AS TO FORD AND CORRECTNESS: At QUd CITY A ro rb Arbrister: But, you came up there and he came up and he ... OK. Sorry k that little thing. Commis\r:Wel : No, the item is withdrawn, I mean that's ... Ms. Ar1, any way when it comes up again, in case I am not here, you wiat I said. Commis: That's right. CommisAll right. I am sure you'll be here. Ms. Arbrister: As I s d before, the NET program has done a beautiful job clearing Florida Avenue. don't know whether you realize it or not, but, you have some houses on Florid Avenue, built by the City of Miami. Where this parking lot is supposed to e. You will have to have night lights and security to protect the cars a the neighborhood. But, in the meantime, the people cannot sleep at nights w1 all these lights glaring in their windows, where you have allowed them to put he parking lot to a residential area. You keep on doing the same thing over an over. Somebody come down here, who got some authority, and, you get weak or omewhat, whatever happens. And, they just get anything they want regardless how other people suffer. So, when you are start thinking of passing this f -lly, I want to you to think about the money that you are putting on the hous on Florida Avenue, by the City, and they range from $59,000 on up. Now, the eople living there are getting along fairly well, Because, as I said, the N program has done a beautiful job in clearing that particular area from drugs d some other things. So, I want you to take a little time. If you need some extra money, and you need for us to vote for it, we'll come down here and ee that your salary is increased so you that come out and ride around and see hat needs to be done. And, not take it from somebody else down the line. I k that you competent people. But, seeing it for yourself, you get a better idea. Thank you. Don't forget the parking lot and the light shining and your operty, the City of Miami. The people got to live. Commissioner Dawkins: And, since it is your tax dollar, I'll ri you around on the gas. Me and you ride together. Ms. Arbrister: OK, and I'll see that you be reinstated for the money t t you are going to spend for the gas. ------------------------------------------------------------------------------ 23. ESTABLISH AN OCCUPATIONAL LICENSE EQUITY STUDY COMMISSION -- TO RECOMMEND CHANGES TO OCCUPATIONAL LICENSE TAX RATES IN KEEPING WITH STATE LAW. Vice Mayor De Yurre: OK, item 18. Commissioner Dawkins: Move it. Commissioner Plummer: Well, wait. 95 July 8, 1993 Commissioner Dawkins: I don't know what it is. But, move it. Mr. Cesar Odic (City Manager): You voted on 17. Commissioner Plummer: What is 18? Seventeen we called the roll. Eighteen, move it, I second it. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 93-418 A RESOLUTION ESTABLISHING AN OCCUPATIONAL LICENSE EQUITY STUDY COMMISSION ('COMMISSION") FOR THE PURPOSE OF RECOMMENDING CHANGES TO THE OCCUPATIONAL LICENSE TAX RATES IN ACCORDANCE WITH SECTION 205, FLORIDA STATUTES; FURTHER APPOINTING CERTAIN INDIVIDUALS TO SERVE AS MEMBERS OF SAID COMMISSION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Victor De Yurre NOES: None. ABSENT: Commissioner Miriam Alonso Mayor Xavier Suarez ------------------------------------------------------------------------------ 24-,,_ AMEND BY-LAWS OF THE MIAMI COMMISSION ON THE STATUS OF WOMEN (MCSW) -- ',TO ALLOW SOLICITATION OF CONTRIBUTIONS AND FINANCIAL SUPPORT FROM OTHER SOUWZS, ETC. Commissioner Dawkins: -Why_is 21 necessary, somebody, anybody? Mr. Cesar Odic (City Manager): is is so that they can legally go out and solicit contributions to their '1 Commissioner Dawkins: So, you have an a of the City of Miami that 1s going out and beg money in the name of City of i? Mr. Odic: In the name of the Miami Commission of th �tatus of Women, yes, sir. That is why I brought it here, they would have t IV 96 3,4— 30Soy 8, F.S.1993 the charge for the pro• very person, including : the tax to the person 3s as part of the total oc.'a, er to the person ice; until paid and, it e sL. ; we manner as the services. every person for the nmunication business, services remains fully even d the tax Is sepa- ponent of the total bill. such services and who dlect or remit the tax iimself or through his the tax and is guilty of ae, punishable as pro- 1. M ch. er-e; G. 43. eh. V-101; F.S.1993 LOCAL OCCUPATIONAL LICENSE TAXES Ch. 205 CHAPTER 205 LOCAL OCCUPATIONAL LICENSE TAXES 205.013 Short title. 205.022 Definitions. 205.0315 Ordinance adoption after October 1,1995. 205.032 Levy; counties. 205.033 Conditions for levy; counties. 205.042 Levy; municipalities. 205.043 Conditions for levy; municipalities. 205.045 Transfer of administrative duties. 205,053 Occupational licenses; dates due and delin- quent; penalties. 205.0532 Revocation or refusal to renew; doing busi- ness with Cuba. 205.0535 Reclassification and rate structure revisions. 205.0536 Distribution of county revenues. 205.0537 Vending and amusement machines. 205.054 Occupational license tax; partial exemption for engaging in business or occupation in enterprise zone. 205.063 Exemptions; motor vehicles. 205.064 Farm, aquacuitural, grove, horticultural, flori- cultural, tropical piscicultural, and tropical fish farm products; certain exemptions. 205.065 Exemption; nonresident persons regulated by the Department of Professional Regula- tion. 205.162 Exemption allowed certain disabled per- sons, the aged, and widows with minor dependents. 205.171 Exemptions allowed disabled veterans of any war or their unremarded spouses. 205,191 Religious tenets; exemption. 205,192 Charitable, etc., organizations; occasional sales, fundraising; exemption. 205.193 Mobile home setup operations; local license prohibited; exception. 205.194 Prohibition of local occupational licensure without exhibition of state license or regis- tration. 205,196 Pharmacies and pharmacists. 205.1965 Adult congregate living facilities. 205.1967 -Prerequisite for issuance of pest control occupational license. 205.1969 Health studios; consumer protection. 205.1971 Sellers of travel; consumer protection. 205.1973 Telemarketing businesses; consumer pro. tection. 205.013 Short Me. —This chapter shall be known and may be cited as the 'Local Occupational License Tax Act," MMary.--a.1. ch. ra-UG; a.1. ah. 73-1". 205.022 Definitions. —When used in this chapter, the following terms and phrases shall have the mean, ings ascribed to them in this section, except when the context clearly indicates a different meaning: (1) 'Local occupational license' means the method by which a local governing authority grants the privilege of engaging in or managing any business, profession, or occupation within its jurisdiction. It does not mean any fees or licenses paid to any board, commission, or offi- cer for permits, registration, examination, or inspection. Unless otherwise provided by law, these are deemed to be regulatory and in addition to, but not in lieu of, any local occupational license imposed under the provisions of this chapter. (2) 'Local governing authority' means the governing body of any county or incorporated municipality of this state. (3) 'Person' means any individual, firm, partnership, joint adventure, syndicate, or other group or combina- tion acting as a unit, association, corporation, estate, trust, business trust, trustee, executor, administrator, receiver, or other fiduciary, and Includes the plural as well as the singular. (4) 'Taxpayer' means any person liable for taxes Imposed under the provisions of this chapter; any agent required to file and pay any taxes imposed hereunder; and the heirs, successors, assignees, and transferees of any such person or agent. (5) 'Classification' means the method by which a business or group of businesses is identified by size or type, or both. (6) 'Business,"profession; and 'occupation' do not include the customary religious, charitable, or educa- tional activities of nonprofit religious, nonprofit charita- ble, and nonprofit educational Institutions in this state, which institutions are more particularly defined and lim- ited as follows: (a) 'Religious Institutions' means churches and ecclesiastical or denominational organizations or estab- lished physical places for worship in this state at which nonprofit religious services and activities are regularly conducted and carried on, and also means church cem- eteries. (b) 'Educational Institutions' means state tax - supported or parochial, church and nonprofit private schools, colleges, or universities conducting regular classes and courses of study required for.aocreditation by or membership In the Southern Association of Col- leges and Schools, the Department of Education, or the Florida Council of Independent Schools. Nonprofit libraries, art galleries, and museums open to the public are defined as educational institutions and eligible for exemption. (c) 'Charitable institutions' means only nonprofit corporations operating physical facilities In this state at which are provided charitable services, a reasonable percentage of which are without cost to those unable to (7) 'Enterprise zone' means an area authorized to be an enterprise zone pursuant to s. 290.0055 and approved by the Secretary of Community Affairs pursu- ant to s. 290.0065. This subsection shall stand repealed on September 30, 1994. hlafory.—s 1, ch, 77-+1D6 a.1. ch. 73-144; s. 6, ch. 62-75; B. 31, ch. e4-W S. ec. ch. 01-4. 205.0315 Ordinance 1995.—Beginning Octobe 0IAI adoption after October 1, r a c tys munici- l" 6 Ch. 205 LOCAL OCCUPATIONAL LICENSE TAXES F.S.1993 panty that has not adopted an occupational license tax ordinance or resolution may adopt an occupational license tax ordinance. The occupational license tax rate structure and classifications in the adopted ordinance must be reasonable and based upon the rate structure and classifications prescribed in ordinances adopted by adjacent local governments that have implemented a. 205.0535. If no adjacent local government has imple- mented s. 205.0535, or if the governing body of the county or municipality finds that the rate structures or classifications of adjacent local governments are unrea- sonable, the rate structure or classifications prescribed In its ordinance may be based upon those prescribed in ordinances adopted by local governments that have implemented s. 205.0535 in counties or municipalities that have a comparable population. WOM.—s.1. ch. 93-100. 205.032 Levy; counties. —The governing body of a county may levy, by appropriate resolution or ordinance, an occupational license tax for the privilege of engaging in or managing any business, profession, or occupation within its jurisdiction, However, the governing body must first give at least 14 days' public notice between the first and last reading of the resolution or ordinance by publishing a notice in a newspaper of general circula- tion within its jurisdiction as defined by law. The public notice must contain the proposed classifications and rates applicable to the occupational license tax. 10M I•--s. 1. ch. 72-M; s. 1. ch, 73-144, s. 2, ch. 03-180. 205.033 Conditions for levy; counties.— (1) The following conditions are imposed on the authority of a county governing body to levy an occupa- tional license tax: (a). The tax must be based upon reasonable classifi- cations and must be uniform throughout any class. (b) Unless the county Implements s. 205.0535 or adopts a new occupational license tax ordinance under s. 205.0315, an occupational license tax levied under this subsection may not exceed the rate provided by this chapter in effect for the year beginning October 1, 1971; however, beginning October 1,1980, the county govern- ing body may increase occupational license taxes authorized by this chapter. The amount of the increase above the license tax rate levied on October 1,1971; for license taxes levied at a flat rate may be up to 100 per- cent for occupational license taxes that are $100 or less; 50 percent for occupational license taxes that are between $101 and $300; and 25 percent for occupa- tional license taxes that are more than $300. Beginning October 1, 1982, the increase may not exceed 25 per- cent for license taxes levied at graduated or per unit rates. Authority to increase occupational license taxes does not apply to licenses granted to any utility fran- chised by the county for which a franchise fee is paid. (c) A license is not valid for more than 1 year, and all licenses expire on September 30 of each year, except as otherwise provided by law. (2) Any business license may be transferred to a new owner, when there is a bona fide sale of the busi- ness, upon payment of a transfer fee of up to 10 percent of the annual license tax, but not less than $3 nor more than $25, and presentation of the original license and evidence of the sale. (3) Upon written request and presentation of the original license, any license may be transferred from one location to another location In the same county upon payment of a transfer fee of up to 10 percent of the annual license tax, but not less than $3 nor more than $25. (4) The revenues derived from the occupational license tax, exclusive of the costs of collection and any credit given for municipal license taxes, shall be appor• tioned between the unincorporated area of the county and the incorporated municipalities located therein by a ratio derived by dividing their respective populations by the population of the county. This subsection does not apply to counties that have established a new rate struc- ture under a. 205.0535. (5) The revenues so apportioned shall be sent to the governing authority of each municipality, according to its ratio, and to the governing authority of the county, according to the ratio of the unincorporated area, within 15 days following the month of receipt. This subsection does not apply to counties that have established a new rate structure 'under s. 205.0535. (6)(a) Each county, as defined in s. 125.011(i), or any county adjacent thereto may levy and collect, by an ordinance enacted by the governing body of the county, an additional occupational license tax up to 50 percent of the appropriate license tax imposed under subsection (1). (b) Subsections (4) and (5) do not apply to any reve- nues derived from the additional tax imposed under this subsection. Proceeds from the additional license tax must be placed in a separate Interest -earning account, and the governing body of the county shall distribute this revenue, plus accrued interest, each fiscal year to an organization or agency designated by the governing body of the county to oversee and implement a compre- hensive economic development strategy through adver- tising, promotional activities, and other sales and mar. keting techniques. (c) An ordinance that levies an additional occupa• tional license tax under this subsection may not be adopted after January 1, 190. (7) Notwithstanding any other provisions of this chapter, the revenue received from a county occupa- tional license tax may be used for overseeing and imple- menting a comprehensive economic development strat- egy through advertising, promotional activities, and other sales and marketing techniques. 2=1, ch. 72-MO; s. 1. eh. 73-141, s. 1, ch. 77-0; s. 54, ch. "4, • 1, 1, ch, W20P s. 1. ch. WMe; s. 3, ch. 03-180. 'NoW—The word 'lot lolowYq im word %rxw wu d*WW by t M editor d rya CWW- 205.042 Levy; municipalities. —The governing body of an incorporated municipality may levy, by appropriate resolution or ordinance, an occupational license tax for the privilege of engaging In or managing any business, profession, or occupation within Its jurisdiction. How- ever, the governing body -must first give at le s' public notice between the- r1adino o the eso u ion or ordinanng hy nublishingthe notice �EgAengrai circulation within its junscliction as F.S.1993 defined by law. TI classifications anc license tax. The of on: (1) Any perso ness location or br the privilege of er within its judsdict (2) Any persc ness location or b the privilege of er or occupation wit (3) Any perso lion (1) or subse( ness or engages 1 state commerce, s. 8 of Art. I of ti+ may.--t. 1, CK 72- 205.043 Cone (1) The follo, authority of a mu pational license (a) The tax rr cations and mus (b) Unless th or adopts a ne% under s. 205.03 under this subse in the municipa 1971; however, pal governing b taxes authorize Increase above 1971, for license 100 percent for or less; 50 perc are between $11 tionai license to October 1,1982 for license taxe Authority to inc not apply to licE the municipality (c) A licens licenses expire as otherwise p (2) Any bu! new owner, wt ness, upon pay of the annual li than $25, and evidence of th, (3) Upon v original license location to an upon payment annual license us. (4) if the g municipality i license tax or e F.S.1993 xiginal license and xesentation of the ransf::rred from one urm, county upon 10 percent of the r, $3 nor more than 1 the occupational f collection and any xes, shall be appor. area of the county located therein by a ;tive populations by ubsection does not ed a new rate strut. shall be sent to the pality, according to ority of the county, porated area, within ipt. This subsection 3 established a now in s. 125.011(1), or y and collect, by an bo,4; of the county, ax iv:::o 50 percent W L11der subsection A apply to any reve- imposed under this •ditional license tax st-eaming account, mty shalt distribute , each fiscal year to 3d by the governing nplerpent a compre- elegy through adver• ther sales and mar - additional occupa- sction may not be provisions of this n a county occupa- +, seeing and Imple- devAuxoment strat- ona, activities. and 1es. ft. Ct e-.. . Mmcoy Ina adlaa a Tf t- . , - errling body W. &ppropriate tion, --,nse tax for agtn .:.my business. s junsdiction. How- 2ive a, yeast 14 days' i las ,teding of the ling notice in a :in it,. furisdicticn as FS.1993 LOCAL OCCUPATIONAL LICENSE TAXES Ch. 205 defined by law. The notice must contain the proposed classifications and rates applicable to the occupational license tax. The occupational license tax may be levied on: (1) Any person who maintains a permanent busi- ness location or branch office within the municipality, for the privilege of engaging in or managing any business within its jurisdiction. (2) Any person who maintains a permanent busi- ness location or branch office within the municipality, for the privilege of engaging in or managing any profession or occupation within its jurisdiction. (3) Any person who does not quality under subsec- tion (1) or subsection (2) and who transacts any busi- ness or engages in any occupation or profession in Inter- state commerce, if the license tax is not prohibited by s. 8 of Art. I of the United States Constitution. Irtlory.—s. 1. ch. 72-IM; a. 1, ch. 73-144; a. 4, ch. Y3-1e0. 205.043 Conditions for levy; municipalitiss.— (1) The following conditions are imposed on the authority of a municipal governing body to levy an occu- pational license tax: (a) The tax must be based upon reasonable classifi- cations and must be uniform throughout any class. (b) Unless the municipality implements s, 205.0535 or adopts a new occupational license tax ordinance under s. 205.0315, an occupational license tax levied under this subsection may not exceed the rate in effect in the municipality for the year beginning October 1, 1971; however, beginning October 1, 1980, the munici- pal governing body may increase occupational license taxes authorized by this chapter. The amount of the increase above the license tax rate levied on October 1, 1971, for license taxes levied at a fiat rate may be up to 100 percent for occupational license taxes that are $100 or less; 50 percent for occupational license taxes that are between $101 and $300; and 25 percent for occupa- tional license taxes that are more than $300. Beginning October 1,1982, an increase may not exceed 25 percent for license taxes levied at graduated or per unit rates. Authority to Increase occupational license taxes does not apply to licenses granted to any utility franchised by the municipality for which a franchise fee is paid. (c) A license is not valid for more than 1 year and all licenses expire on September 30 of each year, except as otherwise provided by law. (2) Any business license may be transferred to a new owner, when there is a bona fide sale of the busi- ness, upon payment of a transfer fee of up to 10 percent Of the annual license tax, but not less than $3 nor more than 525, and presentation of the original license and evidence of the sale. (3) Upon written request and presentation of the Original license, any license may be transferred from one location to another location in the same municipality upon payment of a transfer fee of up to 10 percent of the annual license tax, but not less than $3 nor more than $25. (4) H the governing body of the county in which the municipality is located has levied an occupational license tax or subsequently levies such a tax, the collec- 1 tor of the county tax may issue the license and collect the tax thereon. M"V.—s. 1. ch. 72-M 2. 1, ch. M-144;.. 1. Ch.77-66 a.S5 ch. ea274; a. 2, ch. 82-72; a. 5, ch. e3-160. 205.045 Transfer of administrative duties. —The governing body of a municipality that levies an occupa- tional license tax may request that the county in which the municipality is located issue the municipal license and collect the tax thereon. The governing body of a county that levies an occupational license tax may request that municipalities within the county issue the county license and collect the tax thereon. Before any local government may Issue occupational licenses on behalf of another local government, appropriate agree- ments must be entered into by the affected local govem- ments. Iral y.—s. e, ch. 03-100. 205.053 Occupational licenses; dates due and delinquent; penalties.— (1) All licenses shall be sold by the appropriate tax collector beginning August 1 of each year, are due and payable on or before September 30 of each year, and expire on September 30 of the succeeding year. if Sep- tember 30 falls on a weekend or holiday, the tax is due and payable on or before the first working day following September 30. Provisions for partial licenses may be made In the resolution or ordinance authorizing such licenses. Licenses that are not renewed when due and payable are delinquent and subject to a delinquency penalty of 10 percent for the month of October, plus an additional 5 percent penalty for each subsequent month of delinquency until paid. However, the total delin- quency penalty may not exceed 25 percent of the occu- pational license tax for the delinquent establishment. (2) Any person who engages In or manages any business, occupation, or profession without first obtain- ing a local occupational license, If required, is subject to a penalty of 25 percent of the license due, in addition to any other penalty provided by law or ordinance. (3) Any person who engages in any business, occu- pation, or profession covered by this chapter, who does not pay the required occupational license tax within 150 days after the initial notice of tax due, and who does not obtain the required occupational license is subject to civil actions and penalties, including court costs, reason- able attorneys' fees, additional administrative costs incurred as a result of collection efforts, and a penalty of up to $250. OMlsry.—s.1. ch. 72-= a. 1. oh. 734M; a. 40, ch. 1113-201; a. 7. CK V-110. '205.0532 Revocation or refusal to renew; doing business with Cuba. —Any local governing authority Issuing an occupational license to any Individual, busi- ness, or entity under chapter 205 may revoke or refuse to renew such license if the individual, business, or entity, or parent company of such individual, business, or entity, Is doing business with Cuba. Hatory.—�. 4, ch. e3-21e. 'Mote. —section 6, eh. 1r3-218, Rwltlas drat lohs Governor eny waive the esquirenw. a of the ad in ft event "W then Is a Collapse of the axtstinp repinr In Cubs end then is a reed la knn»dWe aid to cubs prior to then or br hr w tartan moons as a muff of a Toff ei disaster on du oomerr'+p of ttr I nM-uW" a faces I r+, 1p 114- 306 �JJ CA. 205 LOCAL OCCUPATIONAL LICENSE TAXES F.S.1993 205.0535 Reclassification and rate structure nevi- sions.— (1) By October 1, 1995, any municipality or county may, by ordinance, reclassify businesses, professions, and occupations and may establish new rate structures, If the conditions specified in subsections (2) and (3) are met. A person who is engaged in the business of provid- ing local exchange telephone service or a pay telephone service In a municipality or in the unincorporated area of a county and who pays the occupational license tax under the category designated for telephone companies or a pay telephone service provider certified pursuant to s. 364.3375 is deemed to have but one place of business or business location in each municipality or unincorpo- rated area of a county. (2) Before adopting a reclassification and revision ordinance, the municipality or county must establish an equity study commission and appoint its members. Each member of the study commission must be a repre- sentative of the business community within the local government's jurisdiction. Each equity study commis- sion shall recommend to the appropriate local govern- ment a classification system and rate structure for local occupational license taxes. (3Xa) After the reclassification and rate structure revisions have been transmitted to and considered by the appropriate local governing body, it may adopt by majority vote a new occupational license tax ordinance. Except that a minimum license tax of up to $25 is permit- ted, the reclassification shall not increase the occupa- tional license tax by more than the following: for licenses costing $150 or less, 200 percent; for licenses costing more than $150 but not more than $500,100 percent; for licenses costing more than $500 but not more than $2,500, 75 percent; for licenses costing more than $2,500 but not more than $10,000, 50 percent; and for licenses costing more than $10,000, 10 percent; how- ever, in no case may any license be increased more than $5,000. (b) The total annual revenue generated by the new rate structure for the fiscal year following the fiscal year during which the rate structure Is adopted may not exceed: 1. For municipalities, the sum of the revenue base and 10 percent of that revenue base. The revenue base Is the sum of the occupational license tax revenue gen- erated by licenses issued for the most recently com- pleted local fiscal year or the amount of revenue that would have been generated from the authorized Increases under s. 205.043(1)(b), whichever is greater, plus any revenue received from the county under s. 205.033(4). 2. For counties, the sum of the revenue base, 10 percent of that revenue base, and the amount of reve- nue distributed by the county to the municipalities under s. 205.033(4) during the most recently completed local fiscal year. The revenue base is the occupational license tax revenue generated by licenses issued for the most recently completed local fiscal year or the amount of rev- enue that would have been generated from the author- ized increases under s. 205.033(1)(b), whichever is greater, but may not include any revenues distributed to municipalities under s. 205.033(4). (c) In addition to the revenue increases authorized by paragraph (b), revenue Increases attributed to the Increases in the number of licenses issued are author- ized. (4) After the conditions specified in subsections (2) and (3) are met, municipalities and counties may, every other year thereafter, Increase by ordinance the rates of We] occupational license taxes by up to 5 percent. The Increase, however, may not be enacted by less than a majority plus one vote of the governing body. (5) No license shall be Issued unless the federal employer identification number or social security num- ber is obtained from the person to be licensed. 1100.--.. 0, ch. 03-M. '205.0536 Distribution of county revenues. —A county that establishes a new rate structure under s. 205,0535 shall retain all occupational license tax reve- nues collected from businesses, professions, or occupa- tions whose places of business are located within the unincorporated portions of the county. Any occupational license tax revenues collected by a county that estab- lishes a new rate structure under s. 205.0535 from busi- nesses, professions, or occupations whose places of business are located within a municipality, exclusive of the costs of collection, must be apportioned between the unincorporated area of the county and the Incorpo- rated municipalities located therein by a ratio derived by dividing their respective populations by the population of the county. As used in this section, the term 'popula- tion' means the latest official state estimate of popula- tion certified under s. 186.901. The revenues so appor- tioned shall be sent to the governing authority of each municipality, according to its ratio, and to the governing authority of the county, according to the ratio of the unin- corporated area, within 15 days after the month of receipt. W"I --s. 9. M. 03-1E0. +riots—EffP*M oCfabM 1. 19W. 205.0537 Vending and amusement machines. — The business premises where a coin -operated or token - operated vending machine that dispenses products, merchandise, or services or where an amusement or game machine is operated must assure that any required municipal or county occupational license for the machine is secured. The term 'vending machine' does not include coin -operated telephone sets owned by per- sons who are in the business of providing local exchange telephone service and who pay the occupa- tional license under the category designated for tele- phone companies in the municipality or county or a pay telephone service provider certified pursuant to S. 364.3375. The license tax for vending and amusement machines must be assessed based on the highest num- ber of machines located on the business premises on any single day during the previous licensing year or, In the case of new businesses, be based on an estimate for the current year. Replacement of one vending machine with another machine during a licensing year does not affect the tax assessment for that year, unless the replacement machine belongs to an occupational license tax classification that requires a higher tax rate. For the first year in which a municipality or county 1464 94- 306 F.S.1903 assesses an occ machines, each bi the municipality or or county, upon machines. Each b vide notice of the affected business located. The busin, if it is not otherWE iftwy —a. 10, ch. W1 205.054 Ck=l tion for engaging Pries zone.— (1) Notwithst 205.033(1xa) or s. a county or munit resolution or ordin dure established 1 don of 50 percent for the privilege c ness, profession, diction of the cow is exercised at a F office located in i (2) Such exen which an occupal tion. Classificatio zone as elsewhe municipal occupt tion authorized it era] form as the t licenses and shal licenses expire a the exemption at able. The exemp apply to any per (3) Each tay municipality whic this section shall tied to the exen sions contained such exemption ing authority mu the applicant is shall be made b, with the tax cols rates that the G office of the api of a jurisdiction i miffed in this se (4) Any lacer ]zed In this subE the issuing auth person who hat and thereafter t any business, 1 license is subje, ness, professic required license (5) In the e% prise zone pur. approved purst KS.1993 *zreases authorized .as attributed to the :s issued are author. id in subsections (2) counties may, every rdinance the rates of up tc 5 percent. The icte:.� oy less than a ninr,. t,ody. unf ss the federal social security num- be licensed. inty revenues. —A : structure under s. ial license tax reve. fess:ons, or occupa- a located within the :y. Any occupational county that estab- 205.0535 from busi- s whose places of :ipality, exclusive of portioned between ty and the incorpo- 1y a ratio derived by ; by the population i, the term'popula. sstimate of popula- avenues so appor- g authority of each 1d to the governing he ratio of the unin- fter the month of msnt machines. — operated or token- penses products, an amusement or assure that any anal license for the ng machine' does ;ets owned by per - providing local pay the o=pa- psignated for tele- x county or a pay d pursuant to s. 1 and amusement i the highest num- mess premises on ensft year or, in :d on an estimate of one vending i a licensing year that year, unless an V.-.Xpational a higher tax rate. 1pality of county F.S.1993 LOCAL OCCUPATIONAL LICENSE TAXES Ch. 205 assesses an occupational license tax on vending machines, each business owning machines located in the municipality or county must notify the municipality or county, upon request, of the location of such machines. Each business owning machines must pro- vide notice of the provisions of this section to each affected business premises where the machines are located. The business premises must secure the license If It is not otherwise secured. M•Wr.—s. 10. a,. W-i10. 205.054 Occupational license tax; partial exemp- tion for engaging in business or occupation in enter- prise zone.— (1) Notwithstanding the provisions of s. 205.033(iXa) or s. 205.043(1Xa), the governing body of a county or municipality may authorize by appropriate resolution or ordinance, adopted pursuant to the proce- dure established in s. 205.032 or s. 205.042, the exemp- tion of 50 percent of the occupational license tax levied for the privilege of engaging in or managing any busi- ness, profession, or occupation in the respective juris- diction of the county or municipality when such privilege is exercised at a permanent business location or branch office located in an enterprise zone. (2) Such exemption applies to each classification for which an occupational license is required in the jurisdic- tion. Classifications shall be the same in an enterprise zone as elsewhere in the jurisdiction. Each county or municipal occupational license issued with the exemp- tion authorized in this section shall be jn the same gen- eral form as the other county or municipal occupational licenses and shall expire at the same time as those other licenses expire as fixed by law. Any license issued with the exemption authorized in this section is nontransfer- able. The exemption authorized in this section does not apply to any penalty authorized in s. 205.053. (3) Each tax collecting authority of a county or municipality which provides the exemption authorized in this section shall issue to each person Who may be enti- tled to the exemption a license pursuant to the provi- sions contained in this section. Before a license with such exemption is issued to an applicant, the tax collect- ing authority must, in each case, be provided proof that the applicant is entitled to such exemption. Such proof shall be made by means of a statement filed under oath with the tax collecting authority, which statement indi- cates that the permanent business location or branch office of the applicant is located in an enterprise zone of a jurisdiction which has authorized the exemption per- mitted in this section. (4) Any license obtained with the exemption author- ized in this subsection by the commission of fraud upon the issuing authority shall be deemed null and void. Any person who has fraudulently obtained such exemption and thereafter engages, under color of the license, in any business, profession, or occupation requiring time license is subject to prosecution for engaging in a busi- ness, profession, or occupation without having the required license under the laws of the state. (5) In the event an area authorized to be an enter- prise zone pursuant to s. 290.0055 has not yet been approved pursuant to s. 290.0065, the governing body of a county or municipality may enact the appropriate ordinance or resolution authorizing the exemption per. mitted in this section; however, such ordinance or reso- lution will not be effective until such area is approved pursuant to s. 290.0065. (6) This section shall stand repealed on September 30,1994; and no license shall be Issued with the exemp- tion authorized in this section for any period'beginning on or after October 1, 1994. 18Mory.—�. 32, ch. 84-M; s. 48, ch. 87-224. 205.063 Exemptions; motor vehicles. —Vehicles used by any person licensed under this chapter for the sale and delivery of tangible personal property at either wholesale or retail from his place of business on which a license is paid shall not be construed to be separate places of business, and no license may be levied on such vehicles or the operators thereof as salesmen or otherwise by a county or incorporated municipality, any other law to the contrary notwithstanding. /BMwy.-r. 3, ch. 72-W6, s. i, oh. 73-144. 205.064 Farm, squaculturai, grove, horticultural, floricultural, tropical piscicultural, and tropical fish farm products; certain exemptions.— (1) No local occupational license shall be required of any natural person for the privilege of engaging in the selling of farm, aquacultural, grove, horticultural, floricul- tural, tropical pisciculture], or tropical fish farm products, or products manufactured therefrom, except intoxicat- ing liquors, wine, or beer, when such products were grown or produced by such natural person in the state. (2) A wholesale farmers' produce market shall have the right to pay a tax of not more than $200 for a license that will entitle the market's stall tenants to engage in the selling of agricultural and horticultural products therein, In lieu of such tenants being required to obtain individual local occupational licenses to so engage. MOW.—& 1, ch. 74-271; a 2, ch. W-W. 205.065 Exemption; nonresident persons regu- lated by the 'Department of Professional Regulation.— ff any person engaging in or managing a business, pro- fession, or occupation regulated by the 'Department of Professional Regulation has paid an occupational license tax for the current year to the county or munici- pality in the state where his permanent business loca- tion or branch office is maintained, no other local govem- ing authority may levy an occupational license tax, or any registration or regulatory fee equivalent to the occu- pational license tax, on him for performing work or ser- vices on a temporary or transitory basis in another municipality or county. In no event shall any work or ser- vices performed in a place other than the county or municipality where the permanent business Ideation or branch office is maintained be construed as creating a separate business location or branch office of that per- son for the purposes of this chapter. IMm�r.-s. 32, t W-2o3. R4oe..—Ab40W" cd dulia uwln►w 10an o.o.M+ W4 a BU*WM ma PM I� I .. I PWVAW n by a 3, ch. aO.= 205.162 Exemption allowed certain disabled per- sons, the aged, and widows with minor dependents.- 1465 `14- 306 91 Ch. 205 LOCAL OCCUPATIONAL LICENSE TAXES F.S.1993 (1) All disabled persons physically incapable of man- ual labor, widows with' minor dependents, and persons 65 years of age or older, with not more than one employee or helper, and who use their own capital only, not in excess of $1,000, shall be allowed to engage in any business or occupation in counties in which they live without being required to pay for a license. The exemp- tion provided by this section shall be allowed only upon the certificate of the county physician, or other reputable physician, that the applicant claiming the exemption Is disabled, the nature and extent of the disability being specified therein, and in case the exemption is claimed by a widow with minor dependents, or a person over 65 years of age, proof of the right to the exemption shall be made. Any person entitled to the exemption provided by this section shall, upon application and furnishing of the necessary proof as aforesaid, be issued a license which shall have plainly stamped or written across the face thereof the fact that it is issued under this section, and the reason for the exemption shall be written thereon. (2) In no event under this or any other law shall any person, veteran or otherwise, be allowed any exemption whatsoever from the payment of any amount required by law for the issuance of a license to sell Intoxicating liquors or malt and vinous beverages. 1IM1my.--a. 1. M. a74W; a. 1, oh. a5-150. 205.171 Exemptions allowed disabled veterans of any war or their unremarded spouses.— (1) Any bona fide, permanent resident elector of the state who served as an officer or enlisted person during any of the periods specified in's. 1.01(14) In the Armed Forces of the United States, National Guard, or United States Coast Guard or Coast Guard Reserve, or any temporary member thereof, who has actually been, or may hereafter be, reassigned by the air force, army, navy, coast guard, or marines to active duty during any war, declared or undeclared, armed conflicts, crises, etc., who was honorably discharged from the service of the United States, and who at the time of his or her appli- cation for a license as hereinafter mentioned shall be dis- abled from performing manual labor shall, upon suffi- cient identification, proof of being a permanent resident elector in the state, and production of an honorable dis- charge from the service of the United States: (a) Be granted a license to engage in any business or occupation in the state which may be carried on mainly through the personal efforts of the licensee as a means of livelihood and for which the state, county, or Municipal license does not exceed the sum of $50 for each without payment of any license tax otherwise pro- vided for by law; or (b) Be entitled to an exemption to the extent of $50 on any license to engage In any business or occupation In the state which may be carried on mainly through the personal efforts of the licensee as a means of livelihood when the state, county, or municipal license for such business or,occupation shall be more than $50. The exemption heretofore referred to shall extend to and include the right of licensee to operate an automobile - for -hire of not exceeding five -passenger capacity, Including the driver, when it shall be made to appear that such automobile is bona fide owned or contracted to be purchased by the licensee and is being operated by him or her as a means of livelihood and that the proper license tax for the operation of such motor vehl- cle for private use has been applied for and attached to said motor vehicle and the proper fees therefor paid by the licensee. (2) When any such person shall apply for a license to conduct any business or occupation for which either the county or municipal license tax as fixed by law shall exceed the sum of $50, the remainder of such license tax in excess of $50 shall be paid by him in cash. (3) Each and every tax collecting authority of this state and of each county thereof and each municipality therein shall issue to such persons as may be entitled hereunder a license pursuant to the foregoing provision and subject to the conditions thereof. Such license when issued shall be marked across the face thereof `Veterans Exempt License' —'Not Transferable' Before issuing the same, proof shall be duly made in each case that the applicant is entitled under the conditions of this law to receive the exemption herein provided for. The proof may be made by establishing to the satisfaction of such tax collecting authority by means of certificate of honorable discharge or certified copy thereof that the applicant is a veteran within the purview of this section and by exhibiting: (a) A certificate of government -rated disability to an *extent of 10 percent or more; (b) The affidavit or testimony of a reputable physi- cian who personally knows the applicant and who makes oath that the applicant is disabled from perform Ing manual labor as a means of livelihood; (c) The certificate of the veterans service officer of the county in which applicant lives, duly executed under the hand and seal of the chief officer and secretary thereof, attesting the fact that the applicant is disabled and entitled to receive a license within the meaning and intent of this section; (d) A pension certificate issued to him or her by the United States by reason of such disability; or (a) Such other reasonable proof as may be required by the tax collecting authority to establish the fact that such applicant is so disabled. All licenses Issued under this section shall be in the same general form as other state, county, and municipal licenses and shall expire at the same time as such other licenses are fixed by law to expire. (4) All licenses obtained under the provisions of this section by the commission of fraud upon any issuing authority shall be deemed null and void. Any person who has fraudulently obtained any such license, or who has fraudulently received any transfer of a license issued to another, and has thereafter engaged in any business or occupation requiring a license under color thereof shall be subject to prosecution as for engaging in a business or occupation without having the required license under the laws of the state. Such license shall not be issued in any county other than the county wherein said veteran Is a bona fide resident citizen elector, unless such vet- eran applying therefor shall produce to the tax collecting authority in such county a certificate of the tax collector of his or her home county to the effect that no exemption 0 ,466 ``�) 4- 306 F.S.1_M from license has bee her home county unc (5) In no event, w person, veteran or of whatsoever from the law for the issuanc, liquors or malt and (6) The unremar &bled veteran of an Armed Forces panic exemptions as the c kftj.--s. 1. ch. 67-433. a 2, ch. &9-1SG. lNea.-8ubeftM by 90 ndeWWWW Of' 205.191 Re1191oc this chapter shall b practicing the re li 1 HWA P..-L 1, C& 67 205.192 Chants sates, fundraisin! license shall be req temal, youth, civic, when the organiz engages in tundra! performed exclus! when the proceed: exclusively in the c civic, and service c MMery.—s. 1, dL 7040 205.193 Mobi 9cense prohibited ity, or other unit of licensed mobile Inc home manufacturf manufacturer, w defined in s. 320.E operations. Howe be required to obt; permanent businc license shall not rc other than those r ftW1.--s. 1. ch. 79-1: 205.194 ProhE without exhOMW (1) Anypersor pational license to bar 1,1985, to pre 'Department of R commission there sate, registration, same, before suc issued. Thereafte time for a local o certification, regh (2) The 'Der shall, by August vial who issues Ic of professions it those persons f should not be rei F.S.1993 ; being operated od and that the such motor vehi- and attached to therefor paid by )ply for a license for which either ixed by law shall of such license tim In cash. authority of this tach municipality may be entitled -egoing provision )f. Such license the face thereof sferable' Before ade in each case conditions of this )rovided for. The the satisfaction ans of certificate y thereof that the tw of this section rd disability to an reputable physi- 3licant and who led from perform- ood; service officer of y executed under er and secretary i icant is disabled the meaning and him or her by the oflity; or may be required blish the fact that n shalt be In the ity, and municipal ime as such other provisions of this upon any issuing J. Any person who xnse, or who has license issued to in arty business or color thereof shall sing in a business fired license under ,all not be issued lerein said veteran unless such wet - the tax collecting )f the tax collector that no exemption F.S.1993 LOCAL OCCUPATIONAL LICENSE TAXES , Ch. 205 from license has been granted to such veteran In his or her home county under the authority of this section. (5) In no event, under this or any other law, shall any person, veteran or otherwise, be allowed any exemption whatsoever from the payment of any amount required by law for the issuance of a license to sell intoxicating liquors or malt and vinous beverages, (6) The unremarried spouse of the deceased dis- abled veteran of any war in which the United States Armed Forces participated will be entitled to the same exemptions as the disabled veteran. Nlatovy.—a. 1, ch. 67-M; a. 38. ch. 71-368; c 1. ch. 77-163; a. 93, ch. ?9-4W; .. 2, di. BS-1b9. $Nora.-SubaribAW by tta oditm is a r**atroa to a.1.01(16) 60 cadam to the md@WVatbn o1 aubaacWm of a. 1.01 by a. 8, ch. 88-W. 205.191 Religious tenets; exemption. —Nothing in this chapter shall be construed to require a license for practicing the religious tenets of any church. NW".-S. 1, d,. 67•a3;1. 205.192 Charitable, etc., organizations; occasional sales, fundraising; exemption. —No occupational license shall be required of any charitable, religious, fra- ternal, youth, civic, service, or other such organization when the organization makes occasional sales or engages in fundraising projects when the projects are performed exclusively by the members thereof and when the proceeds derived from the activities are used exclusively in the charitable, religious, fraternal, youth, civic, and service activities of the organization. 1IUlmy.—a.1. ch. 70-4W. 205,193 Mobile home setup operations; local ficense prohibited; exception. No county, municipal- ity, or other unit of local government may require a duly licensed mobile home dealer or a duly licensed mobile home manufacturer, or an employee of such dealer or manufacturer, who performs setup operations as defined in s. 320.822 to be licensed to engage In such operations. However, such dealer or manufacturer shall be required to obtain a local occupational license for his permanent business location or branch office, which license shall not require for Its issuance any conditions other than those required by chapter 320. madam.—s. 1, ch. 79-1m. 205.194 Prohibition of local occupational pcensure without exhlbitidn of state license or registration.— (1) Any person applying for or renewing a local occu- pational license for the licensing period beginning Octo- ber 1,1985, to practice any profession regulated by the 'Department of Professional Regulation, or any board or commission thereof, must exhibit an active state certifi- cate, registration, or license, or proof of copy of the same, before such local occupational license may be Issued. Thereafter, only persons applying for the first time for a local occupational license must exhibit such certification, registration, or license. (2) The 'Department of Professional Regulation shall, by August 1 of each year, supply to the local offi- cial who issues local occupational licenses a current list of professions It regulates and information regarding those persons for whom local occupational licenses should not be renewed due to the suspension, revoca- tion, or Inactivation of such person's state license, certifi- cate, or registration. The official who issues local occu• pational licenses shalt not renew such license unless such person can exhibit an active state certificate, regis- tration, or license. (3) This section shall not apply to s. 489.113, s. 489.117, s. 489.119, s. 489.131, s. 489.511, s. 489.513, s. 489.521, or s. 489.537. *ao;ar+sd 10 * o.pwbm" of swkw. AW Pro IuabrW Pagination by a. 3, ch. 03-210. 205.196 Pharmacies and pharmacists. —No state, county, or municipal licensing agency shall issue an occupational license to operate a pharmacy unless the applicant shall first exhibit a current permit Issued by the Board of Pharmacy; however, no such occupational license shall be required in order to practice the profes- sion of pharmacy. Illatory.—a. 2, ch. 796-226. 205.1965 Adult congregate living facilities. —No county or municipality shall issue an occupational license for the operation of an adult congregate living facility pursuant to 'part III of chapter 400 without first ascertaining that the applicant has been licensed by the Department of Health and Rehabilitative Services to operate such facility at the specified location or loca- tions. The Department of Health and Rehabilitative Ser- vices shall furnish to local agencies responsible for issu- ing occupational licenses sufficient instructions for mak- ing the above required determinations. Filgory.—a. i8, ch. 67-371. �Nota.—Subatttulad by tta adbaa for a ralaranoa to pan 1 or daplar 4W to am lam to da aadttbn by ch. 93-t77 d aacticna oomprthktp a raw part L 205.1967 Prerequisite for Issuance of pest control occupational license. —A municipality or county may not issue an occupational license to any pest control business coming under chapter 482, unless a current license has been procured from the Department of Agri- culture and Consumer Services for each of its business locations in that municipality or county. Upon presenta- tion of the requisite licenses from the department and the required fee, an occupational license shall be issued by the municipality or county in which application Is made. N1tMory.--a. 1. ch, 69-i 4; a. 1, ch. 06-06; M. 19, 35, ch. W106; a. 3, ch. 76-168; a. 375. ch. 77-147; a. 1. ch. 77-467; w. 2, 3, ch. 61-318; n. 14, 15, ch. 82-229; u. 31, 59. ch. 92-200. Naea.--forma S. 422.081. 205.1989 Health studios; consumer protection. -- No county or municipality shall issue or renew an occu- pational license for the operation of a health studio pur- suant to as.. 501.012-501.019 or ballroom dance studio pursuant to s. 501.143, unless such business exhibits e current license, registration, or letter of exemption from the Department of Agriculture and Consumer Services. N1oMry.—.. 4, dt. 9;f-116. 205.1971 Sellers of travel; consumer protection. — No county or municipality shall issue or renew an occu- pational license to engage in business as a seller of travel pursuant to s. 559.927 unless such business exhibits a current registration or letter of exemption from the Department of Agriculture and Consumer Services. Nlatary.—a. 3. ch. 93-107. 14W 91 a7i Ch. 205 LOCAL OCCUPATIONAL LICENSE TAXES F.S.1993 205.1973 Telemarketing businesses; consumer protection. —A county or municipality may not issue or renew an occupational license for the operation of a tale. marketing business under ss. 501.604 and 501.608, n unless such business exhibits a current license or regis• tration from the Department of Agriculture and Con. sumer Services or a current affidavit of exemption. 3, ch. 93-M& d V lase 94— 306 F.S.1993 206.01 Definitic 206.02 Applica refine 206.021 Applies 206.022 Applics 206.025 Applici been 206,026 Certair refinr pens 206.027 Ucensc 206.028 Costs appi 206.03 Ucensi ers. 206.04 Licens 206.05 Bond r who 206.055 Depart bone 206.06 Estimi unp 206.065 Purch, to s lice, out Imp 206.07 Suits 206,075 Depai taxi 206.08 Repoi tax. 206.09 Repo or 206.095 Repo 206.10 Repo 206.11 Pena' 206.12 Rotor 206.13 Refur ille 206.14 Inspe rul, 206.15 Gas 206.16 Offic 206.17 Depi 206.175 Fore,