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Home My WebLink AboutO-12913City of Miami Legislation Ordinance: 12913 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 06-02031 Final Action Date: 5/10/2007 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 56, ARTICLE V, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "AD VALOREM TAX EXEMPTION FOR ENTERPRISE ZONE BUSINESSES," TO (I) AMEND THE DEFINITIONS OF NEW AND EXPANDING BUSINESSES, (II) AMEND SCOPE AND TERMS OF EXEMPTIONS, AND ELIGIBILITY REQUIREMENTS, AND (III) PROVIDE FOR ABATEMENT OF PERSONAL PROPERTY TAX ON BUSINESSES LOCATED IN THE COMMUNITY REDEVELOPMENT AREAS LOCATED WITHIN THE ENTERPRISE ZONE, CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING THAT THE AMENDED ORDINANCE SHALL APPLY AS OF THE ORIGINAL EFFECTIVE DATE OF THIS ARTICLE V, CHAPTER 56 OF THE CITY OF MIAMI CODE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CIT OF MIAMI, FLORIDA: Section 1. Chapter 56, Article V of the Code of the City of Miami, Florida, as amended ("City Code"), is amended in the following particulars:{1} "CHAPTER 56 TAXATION ARTICLE V. AD VALOREM TAX EXEMPTION FOR ENTERPRISE ZONE BUSINESSES * * * * * * Sec. 56-111. Definitions. For the purposes of this article, the following terms are defined as follows: "Expanding business" shall mean any business, located in an enterprise zone, that increases operations on a site co -located with a commercial or industrial operation owned by the same business and which creates, or causes to be created, within the city, -the number of new jobs required in section 56-113 to employ full-time employees at such location. "New business" shall mean any business located in an enterprise zone, that begins operations on a site clearly separate from any other commercial or industrial operation owned by the same business and which creates, or causes to be created, within the city, the number of new jobs required under section 56-113, to employ additional full-time employees at such location. City of Miami Page 1 of 4 File Id: 06-02031 (Version: 1) Printed On: 3/28/2017 File Number: 06-02031 Enactment Number: 12913 Sec. 56-112. Scope and terms of exemptions. (a) If a business qualifies as a new business, it may be granted an ad valorem tax exemption of up to 100 percent of the assessed value of all improvements to real property made by or for the use of a new business, and all tangible property acquired, or added to by such new business, upon on or after adoption of this article in accordance with subsection 56-112(d). (b) If a business qualifies as an expanding business, it may be granted an ad valorem tax exemption of up to 100 percent of the assessed value of all added improvements to real property made to facilitate the expansion of the existing business and of the net increase in all tangible personal property acquired or added to facilitate such expansion of an existing businesses, made or increased, on or after adoption of this article in accordance with subsection 56-112(d). Property acquired to replace existing property shall not be considered to facilitate a business expansion. (d) The percentage of the increase in the assessed value subject to exemption under this article shall be adjusted during the term of the exemption, as follows: Term Pcrccntagc Years 1 through 5 100 Year 6 80 Year 7 60 Year 8 40 Year 9 20 Year 10 10 (1) Years 1 through 5: fifty percent (50%); provided, however, that if twenty (20) percent or more of the permanent full-time employees of the new or expanded business are residents of the enterprise zone, then the exemption will be one hundred percent (100%). gj Year 6: forty percent (40%). gj Year 7: thirty percent (30%). Oj Year 8: twenty percent (20%). Year 9: ten percent (10%). (6) Year 10: ten percent (10%). (f) imposed, by applicable laws, the exemptions may apply to a New businesses or expanding businesses located within community redevelopment areas within enterprise zones (CRA) are not eligible for ad valorem tax exemptions on real property improvements but are eligible for ad valorem tax exemptions on tangible personal property. Applications for the tax exemption on tangible personal property from businesses located in a CRA shall require the prior approval of the CRA Board. City of Miami Page 2 of 4 File Id: 06-02031 (Version: 1) Printed On: 3/28/2017 File Number: 06-02031 Enactment Number: 12913 Sec. 56-113. Eligibility requirements. (a) To be eligible for an ad valorem tax exemption; a new business or expanding business must increase, or caused to be increased, the itom employment roll; at the location receiving the exemption, by five (5) or more full time jobs, on the year for + which the exemption is desired to take effect granted_ {1) Office. One full time job for every 400 sq. ft. of space utilized by a new business or expanding business; {2) Retail. One full time job for every 500 sq. ft. of space utilized by a new business or expanding business; {3) Residential (market rate rental/lease only). One full time job for every 100 contiguous units developed or rehabilitated by a New business or expanding business and placed in market; {Al) Industrial. One full time job per 1,000 sq. ft. of space utilized by a new business or expanding business; and— {5) Other commercial. One full time job per 1,000 sq. ft. of space utilized by a new business or cxpanding business. Sec. 56-114. Application procedures. (a) Any person, firm, or corporation which desires an economic ad valorem tax exemption shall, in the year the exemption is desired to take effect, file a completed and written application on a form prescribed by the Department, on or before March 1st of the year in which the new or additional real or tangible personal property is first subject to ad valorem assessment. The application shall be filed with the Department, and include the following: (4) A description of the new business or expanding business, {including square footage) and the cstimated number of full-time jobs created or to be created at the property and whether at least five (5) of the full-time employees hired or to be hired to fill the newly created position are residents of the enterprise zone; (11) Proof that property taxes are current. Sec. 56-118. Enactment of ordinance granting exemption. The city commission, at its discretion, may grant a tax exemption by adopting an ordinance in the same manner as any other city ordinance, which shall include the following: City of Miami Page 3 of 4 File Id: 06-02031 (Version: 1) Printed On: 3/28/2017 File Number: 06-02031 Enactment Number: 12913 If the city commission, in its discretion, considers the granting of a tax exemption to a proposed new or expanded business, as authorized under Section 56-110, it may adopt a resolution of intent to grant an exemption upon completion of the proposed improvements, or may adopt an ordinance, granting the tax exemption subject to, and upon, the completion of the proposed improvements. In such case the ordinance granting the tax exemption shall not be effective until such time as the proposed improvements have been completed in the manner approved by the Department. *11 Section 2. All Ordinances or parts of Ordinances that are inconsistent or in conflict with the provisions of this Ordinance are repealed. Section 3. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. The amendments contained in this Ordinance shall apply as of the original enactment date of Chapter 56, Article V, of the City Code. Section 5. This Ordinance shall become immediately upon its adoption and signature of the Mayor.{2} 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. City of Miami Page 4 of 4 File Id: 06-02031 (Version: 1) Printed On: 3/28/2017