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- Ordinance
File Number: 09-00292
Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 35 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, ENTITLED "MOTOR VEHICLES AND TRAFFIC," MORE
PARTICULARLY BY AMENDING ARTICLE IX ENTITLED "PARKING
FACILITIES SURCHARGE," BY CLARIFYING EXISTING LANGUAGE AND
ADDING DEFINITIONS; CONTAINING A SEVERABILITY CLAUSE AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Miami ("City") is authorized by Florida Statute 166.271 to collect a
per vehicle surcharge for the sale, lease, or rental of space at parking facilities within the City;
and
WHEREAS, the City is authorized to promote, protect, and improve the health, safety, and
welfare of its citizens; and
WHEREAS, the City's current collection of the surcharge substantially reduces the City's
ad valorem tax millage and improves transportation within the City; and
WHEREAS, the City wishes to ensure its current collection of the parking surcharge
complies with the requirements of Florida Statute 166.271;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1.The recitals and findings contained in the Preamble to this Ordinance are
adopted and incorporated as if fully set forth in this Section.
Section 2.Chapter 35/Article IX of the Code of the City of Miami, Florida, as amended, is
amended in the following particulars:{1}
"CHAPTER 35
MOTOR VEHICLES AND TRAFFIC
ARTICLE IX. PARKING FACILITIES SURCHARGE
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File Number: 09-00292
Sec. 35-342. Intent.
This article is intended to impose and levy a F,iafge Surcharge on the sale, lease or rental
of space at parking fa^;';+;oma Parking Facilities in the oityCity at the rate of 15 percent of the
evep4e?Revenues derived from any shaFge er— eeFee, Charge or Exchange for the
par-kiRgFqLk[ngof a meter vehi Motor Vehicle in or on any_ f-ru^c ly Parking Facility
in the G#y City for which a rharee er fee Fee. Charge or Exchange is made on an hourly, daily,
weekly, monthly, yearly, event, validation programs, valet or any other basis. Revenues
received as part of a daily, weekly, monthly, yearly, or event based rent without a separate
Parkinq fee designation are also subject to this article. The Ret nre^eed-sNet Proceeds of the
surge Surcharge collected shall be deposited in the general fund subject to appropriation
pursuant to the budget and fiscal provisions of the annual budget process.
Sec. 35-343. Authority.
The city commission is authorized to establish and adopt a s ,rte Surcharge pursuant to
the authority granted by F.S. § 166.271. The provisions of this article shall not be construed to
limit the power of the Goy City to adopt such ordinance pursuant to any other source of local
authority nor to utilize any other methods or powers otherwise available for accomplishing the
purposes set forth herein, either in substitution of or in conjunction with this article.
Sec. 35-344. Definitions.
As used in this article the following words and terms shall have the following meanings, unless
another meaning is plainly intended:
City means the City of Miami, Florida.
Daily means the operation of a facility on any or all of the seven days of the week, inclusive of
holidays.
Fee, charge or exchange means the consideration paid including any and all compensation
received or costs imposed, collected or exacted by the eperater Operator for garkiagParking
in a paFkiRq faG Parking Facility including exchange, credit of or otherwise. GhaFge, foo 9
exehaflge Fee, Charge or Exchange also means the consideration paid to the eper-ater
Operator for goods and services ancillary to garkiegParkin , if payment for such goods and
services is mandatory and not optional to the user's entr-y entering into a pafk+ng
tFaRsaGtiGR.Parkin.q Transaction. Examples of goods and services that may be considered
ancillary to paFkii4gParking include, but are not limited to, food, beverages, air fresheners,
windshield cleaning, car wash, tire pressure checks, jump starts, and emergency phone
services. The intent of this definition is to impose the sueGhafgeSurcharge on all consideration
paid by the user as a condition of a enterinq into a paFkiRg tr-arseGtiE)RParking
Transaction, irrespective of whether particular components of such consideration are
characterized as compensation received or cost imposed for goods and services separate
and apart from paFki 4gagLking in an attempt to evade the SLIFGhaFgeSurcharge.
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Garage means any building or other structure in which MGter „nhir-Motor Vehicles may be
parked, stored, housed, or kept for a ^;aTge, foe OF e"^""^ge Fee, Charge or Exchange.
Manager means the city manager of the s+ty City or his or her designee.
Motor vehicle means eaDy_self propelled vehicle operated or suitable for operation in a
paFkiRg Parking Facility.
Net proceeds means the amount of the sUreSurcharge remitted to the G#y City less the
allocable cost of procedures used and expenses incurred by the G4Y City to enforce collection
of the GUr^ha; eSurcharge in an amount not to exceed five percent (5%).
Open to the general public means a facility which charges a Fee, Charge or Exchange for the
use of any parking space therein regardless of when or how the Fee, Charge or Exchange is
collected. The intent of this definition is to include all Parking Facilities including Parking
Facilities that are open to private tenants who must pay a Fee, Charge or Exchange to the
Operator of the Parking Facility except for those facilities described in Section 35-345.
Operator means any individual, partnership, association, corporation, or other entity which
owns, controls, conducts, leases, operates, or causes to be operated a par7k;Rg fa^44 Parkin
Facility which offers gParki accommodations for a fti� arse–er ex^" eFee,
Charge or Exchanqe. The intent of this definition is to place the burden for collection of the
S61FGha-FgeSurcharge on the owner of the facility and not the entity which operates the facility if
different from the owner.
Parking means the parkiqgParking, storing, housing or keeping of a motor vehicle.
Parking facility means any use in whole or in part of any space, plot, place, lot, parcel, yard,
enclosure, parlc+ng—letParking Lot, gafageGarage, street, building or structure that is
ope-nOpen to the gene;aIQeneral publisPublic at which M^+^r Vehi Motor Vehicles may be
housed, stored, kept, or parked for which any foo OF GhaFgeFee, Charge or Exchange is
made, no matter how the foo OF ^har..o Fee, Charge or Exchange is collected.
Parking lot means any outdoor area or space m^+nr vehi Motor Vehicles may be parked,
stored, housed or kept for a charge ^r fooFee, Charge or Exchange.
Revenues means, any and all revenue, to include the entire amount of compensation in
whatever form, exchange or otherwise, to be determined according to generally accepted
accounting principles, derived directly or indirectly from or in connection with the Parking
operation of the ^'along faG ityParking Facility.
Surcharge means the papkiRg fair+io^ Parking Facility's —ern Surcharge expressed as a
percentage or in dollars.
Transaction means the agParkinq, storing, housing or keeping of a FneteF Yehi Motor
Vehicle in a parkiRg faG4ityParking_Facility, in the c+l:yC�ity, for a ^harge nr fooFee, Charge or
Exchange.
Sec. 35-345. Applicability of parking facilities surcharge.
This article shall be uniformly applicable to all parkiagParking in papkiRg fa^i(i+i^Parkin
Facilities in the G4yCity, exclusive of residential parks 4gParking of tenants or residents, in
apartments, condominiums or co-operatives where paFki 4gParking is provided pursuant to a
lease or in a separate writing between the apartment building owner, condominium or
cooperative and the tenants or residents, whether a parking charge is payable to the
apartment owner, condominium or cooperative or to the epefaWOperator of a residential
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File Number: 09-00292
parking fa l; Parking Facility. This article shall not apply to any Parking Facilities located in
any airports, seaports, county administration buildings or other projects defined under F.S.
125.011 and 125.015.
Sec. 35-346. Collection of the parking facilities surcharge.
(a) Surcharge amounts due pursuant to this article shall be collected by the operater
Operator of a paFk;Iity Parking Facility at the time of, and in addition to, collection of any
other amounts for the parki 4gFgkin of a rneteF vehi Motor Vehicle in a parking
faGifityParking Facility, whether charge is made on an hourly, daily, weekly, monthly, yearly,
event, validation programs, valet or any other basis. All eperateF Operators shall be required
to maintain a valid operational license. The local business tax receipt of an eperater Operator
shall be revoked upon the failure to remit the sem#haWSurcharge amounts for three
consecutive months. No eperatef Operator shall be permitted to operate the parl�Rg faGil'ity
Parking Facility until all arrears are paid.
(b) No later than the 20th day of each calendar month, the eperater Operator of every
narking faParking Facility shall remit to the Maflager Manager the funds collected
pursuant to this swFGhargeSurcharge, net of refunds, for the preceding calendar month. Each
monthly remittance will be accompanied by such reports as may be prescribed by the
R;aRager Manager on forms identifying for each narking far 9#yParking Facility, the name,
address, account number, capacity, parking charges or fees, or rate schedule, number and
type of tFaRsaGtiOnsTransactions and such other information as may be necessary or
convenient to fully calculate the sargeSurcharge.
(c) Every eperater Operator of a paFkiRg faG Parking Facility shall keep complete and
accurate records, in a manner as set forth by the maRaWManager, , pursuant to section (6A
k4-)35-346 (f)(1), of all meteF vehi Motor Vehicles parked on an hourly, daily, weekly,
monthly, yearly, event, validation programs, valet or any other basis in the paFkiRg
fae+l+#Parking Facility, together with the amount of SUFGharge Surcharge collected from all
tranca^+innc•Transactions, and shall keep all pertinent records and documents as are
necessary to determine the amount of s;ur-^hczharge Surcharge due for a period of three (3) years
subsequent to the year of the Transaction. Such records and other pertinent data shall be
available for inspection and examination upon the request of and with reasonable notice by
the manager Manager. Every Operator shall provide access to the Parking Facility to the
Manager so the Manager can survey the Parking activity of said facility.
(d) Whenever any eper-ater Operator fails to keep records from which the
6UFGaafgeSurchame may be accurately computed, the maflager Manager may make use of a
factor developed by surveying the Operator or other eperAefeOperators of a similar type
Parking Facility, or otherwise compute the amount of S ��, GhaFge Surcharge due,
and this computation shall be prima facie correct.
(e) Whenever any epefater Operator fails to collect or remit to the Maaager Manager the
eufs#afge Surcharge imposed within the time limit therefor, the magager Manager shall
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File Number: 09-00292
assess the ePerater Operator the amount of stErsharge Surcharge due, plus interest at the
rate of one percent Ll!j) per month or any fraction thereof, and a penalty of ten percent 10%
of the r Urge Surcharge due on uncollected or unremitted amounts.
(f) In addition to the powers granted to the eager Manager in connection with the
collection of the su #aF@eSurcharge, the MaRage Manager is authorized and empowered:
(1) To make, adopt and amend such forms, rules and regulations as may be deemed
necessary or proper to fully collect the stFGhafgeSurcharge and to define any terms used in
connection with the imposition and collection of the see; a4:geSurcharge;
(2) To compromise disputed claims in connection with the SUFGharge Surcharge and for good
and sufficient cause shown to waive interest and penalty;
(3) To delegate any of the duties and functions in connection with the collection of the
sur-GhaFge Surcharge and the enforcement of the provisions relating to the FnaRageF E) tho
G#yManager; provided however, that all regulations promulgated shall be issued by the
manaWManager.
(4) To extend, for good cause shown, the time for remitting any SUFGhaFg8 Surcharge
required to be paid for such period of time as may be deemed reasonable by the
ManageWanager.
(5) To retain the services of persons or entities with parking Parking related collection
experience to collect the S FGhaT-ge Surcharge subject to competitive procurement
procedures.
(6) To enforce any of the penalties described in section 35-347 when an Operator of a
Parking Facility Faits fails, neglects or refuses to pay penalties and interest.
Sec. 35-347. Failure to comply; penalties.
(a) The egera#ar Operator of a gaflHRgsy Parking Facility who:
(1) Fails, neglects or refuses to collect the a-FgeSurcharge; or
(2) Fails, neglects or refuses to remit the st+re#a;rgeSurcharge; or
(3) Fails, neglects or refuses to keep accurate records; or
(4) Submits any incomplete, false or fraudulent return; or
(5) Refuses to permit the FnaflaWManager to examine books, records and papers relating
to the s+FshargeSurcharge; or
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(6) Fails to fully comply with any or all rules or regulations promulgated by the manager
Manager pursuant to the authority contained herein, or to keep complete and proper records
as required,
shall be subject to the following penalties for each offense:
(i) Have his or her local business tax receipt revoked; and/or
(ii) Have a lien placed upon the parking farili+.. Parking Faciilty for the sums owed plus
interest pursuant to law; and/or
(iii) Be guilty of a misdemeanor and/or fined not more than $500.00, or imprisoned not more
than six (6) months, or both; and/or
(iv) Be subject to an administrative fine in the amount of $500.00:and/or
(v) Be required to comply with stricter reporting requirements.
(b) The epefatef Operator of a paFkiRg fasa4ty Parking Facility who:
(1) Has outstanding surGhar-ge Surcharge payments for three (3) months; or
(2) Has outstanding penalty and interest payments for three Q) months; or
(3) Fails to maintain complete and accurate records as stipulated by the ordinance; or
(4) Fails to comply after receiving two (22,) notifications regarding compliance with the
ordinance; or
(5) Fails to comply with an audit request after the manage f Manager has reasonably
attempted to schedule such audit
shall be subject to additional reporting requirements including:
(i) The eperatef Operator of the parking faGi Parking Faciilty will be required to register
49EgLking slips, receipts, chits, tickets or the like with the ma efManager.
(ii) The epefatea Operator of the pa*iRg faGility Parking Facility will be required to complete
and submit a "Parking Surcharge Recap Monthly Report."
(c) Further, the G#y Gity is authorized to seek injunctive or other equitable relief to enforce
compliance with this article.
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Section 3. If any section, part of a section, paragraph, clause, phrase or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4.This Ordinance shall become effective thirty (30) days after final reading and
adoption thereof.{2}
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU Z:}
CITY ATTORNEY \
Footnotes:
{1 } Words/and or figures stricken through shall be deleted. Underscored words and/or figures
shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks
indicate omitted and unchanged material.
{2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor
within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance,
it shall become effective immediately upon override of the veto by the City Commission or
upon the effective date stated herein, whichever is later.
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