The URL can be used to link to this page

Home My WebLink AboutLegislation-SUBCity of Miami Resolution Legislation THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 18778 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AND DIRECTING THE CITY MANAGER TO WORK WITH AND SUPPORT THE MIAMI-DADE COUNTY TAX COLLECTOR TO ENSURE THAT ALL APPLICABLE FEDERAL, STATE, AND LOCAL LAWS GOVERNING BUSINESS TAX RECEIPTS AND RELATED COMPLIANCE REQUIREMENTS ARE PROPERLY FOLLOWED AND ENFORCED; AND PROVIDING FOR AN EFFECTIVE DATE. SPONSOR(S): Commissioner Ralph "Rafael" Rosado WHEREAS, the City of Miami ("City") issues Business Tax Receipts ("BTR") pursuant to Chapter 205, Florida Statutes, and applicable provisions of the Code of the City of Miami, Florida, as amended ("City Code"); and WHEREAS, Section 205.0532, Florida Statutes, authorizes a local governing authority to revoke or refuse to renew a BTR if an individual, business, or entity is engaged in activities prohibited under state or federal law with Cuba; and WHEREAS, Section 8A-175.1 of the Miami -Dade County Code requires the Tax Collector to revoke or refuse to renew the BTR of any individual, business, or entity engaged in activity prohibited under federal law, including doing business with sanctioned foreign governments; and WHEREAS, the Miami City Commission seeks to ensure full compliance with all applicable federal, state, and local laws relating to business licensing, including sanctions laws and requirements governing trade and financial activities; and WHEREAS, the City Commission finds that proper coordination between the City 111,3 Manager and the Miami -Dade County Tax Collector is necessary to ensure consistenf3 G; enforcement and application of all legal requirements associated with the issuance,`r.newa suspension, or revocation of BTRs; -<= + !N.) NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE Cif*.OFF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble of this Resolution a adopted by reference and incorporated as if fully set forth in this Section. — Section 2. The City Manager is hereby authorized' and directed to work with and support the Miami -Dade County Tax Collector to ensure that all applicable federal, state, and 1 The herein authorization is further subject to compliance with all legal requirements that may be imposed including, but not limited to, those prescribed by applicable City Charter and City Code provisions. City of Miami Page 1 of 2 File ID: 18778 (Revision:) Printed On: 1/20/2026 18778 Legislation -SUB File ID: 18778 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Enactment Number: local laws governing business tax receipts and related compliance requirements are properly followed and enforced; and providing for an effective date. Section 3. Directing the City Manager to request from the Miami -Dade County Tax Collector a monthly report of verified individuals, businesses, or entities improperly engaged in business with Cuba. Section 4. This Resolution shall become effective immediately upon adoption. •• r— CA) rn City of Miami Page 2 of 2 File ID: 18778 (Revision:) Printed on: 1/20/2026 City of Miami Legislation Resolution File Number: 18778 SUBSTITUTED City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A TAS FORCE HEADED BY THE OFFICE OF THE INSPECTOR GENERAL TO C COMPREHENSIVE REVIEW OF BUSINESS LICENSES WITH POSSIBL THE CUBAN GOVERNMENT; PROVIDING FOR THE TASK FORCE'S COMPOSITION, AND REPORTING REQUIREMENTS; PROVIDING F COORDINATION WITH FEDERAL AND STATE AUTHORITIES; AN FOR AN EFFECTIVE DATE. ate: DUCT A IES TO TIES, R PROVIDING WHEREAS, the City of Miami ("City") is committed to ensurin► hat businesses operating within its jurisdiction comply with all applicable federal, state, and I• al laws, including those governing trade and financial transactions with foreign governme ' s; and WHEREAS, reports have raised concerns that some dcal businesses may have financial or operational ties to the Cuban regime, which is restrictions under federal law: and ect to strict U.S. sanctions and WHEREAS, the City is allowed to issue a Ioc- Business Tax Receipt ("BTR") based upon Chapter 205, Florida Statutes and is require • o maintain compliance with all conditions; and WHEREAS, pursuant to §205.0532, ► orida Statutes, "[a]ny local governing authority issuing a business tax receipt to any indivi► al, business, or entity under this chapter may revoke or refuse to renew such receipt if e individual, business, or entity, or parent company of such individual, business, or entity, is • • ing business with Cuba;" and WHEREAS, pursuant to S- ion 8A-175.1 of the Miami -Dade County Code, "[n]otwithstanding any other pro ion of this article, the tax collector shall revoke or refuse to renew the local business tax r- eipt of any individual, business or entity, or the parent company of such individual, • usiness or entity which is doing business with Cuba in violation of federal law;" and WHEREAS, th ity Commission recognizes the importance of safeguarding national security, protecting - integrity of local commerce, and ensuring that no entity within the City indirectly or direct] •enefits an authoritarian government; and WHE ' AS, the City Commission seeks to establish a transparent, fair, and lawful process to r: ' iew such concerns while affording affected businesses due process; W, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAM LORIDA: Section 1. The recitals and findings contained in the Preamble of this Resolution are opted by reference and incorporated as if fully set forth in this Section. SUBSTITUTED Section 2. Establishment of Task Force. There is hereby created a Task Force on Business Compliance and Foreign Ties ("Task Force"), which shall be headed by the Office of the Inspector General ("OIG"). Section 3. Purpose and Duties. The Task Force shall: a. Conduct a comprehensive review of all Business Tax Receipts ("BTR") iss d by the City of Miami to identify businesses with potential ties to the Cuban government or entities controlled by it. b. Investigate allegations regarding such ties to determine their accur y, including reviewing documentation and federal authorizations (e.g., OFAC ,r BIS licenses). c. Ensure due process by providing affected businesses noti and an opportunity to respond before any recommendations or actions are f .lized. d. Prepare recommendations for the City Commission r arding appropriate actions, which may include: o Referral to federal authorities for enforce nt. o Revocation or suspension of the issue • :TR where violations of law are confirmed. o Policy changes to strengthen comp - nce monitoring. e. Coordinate with relevant agencies, inc ding federal and state authorities, as necessary to ensure compliance wit .S. sanctions and regulations. Section 4. Composition, Meeting Requ' ' • ments, Attendance, Removal. The Task Force shall be chaired by the Inspector General an• nclude representatives the following: • 1 appointment from the ayor; • 1 appointment from = : ch Commissioner; • 1 Designee from t Department of Code Compliance; • 1 Designee fro e Department of Finance; and • 1 Designee fr• any other Departments deemed necessary by the Inspector General. a. Minimu ' Attendance Requirements and Removal. It is expected that the appoi -d members of the Task Force attend each meeting. Attendance req ' ements and removal therefrom shall be pursuant to Section 2-886 of th - ity Code. acancies. Vacancies on the Task Force shall be filled pursuant to Section 2- 885(a)(3) of the City Code. c. The Task Force will meet periodically but at least monthly no later than March 2026 provided that enough members are appointed to constitute a quorum. The Task Force will meet at publicly noticed meetings complying with Florida's Sunshine Law and, acting by and through its Chairperson, will deliver its recommendations to the City Commission, Mayor, and City Manager. d. Appointments and Designation shall take place within 30 days or adoption of this Resolution. SUBSTITUTED Section 5. Reporting. The Task Force shall submit an initial report to the City Commission within ninety (90) days of its first meeting, detailing: • Findings from the review • Businesses identified for further investigation • Recommendations for enforcement or policy changes Section 6. Officers. At the initial meeting, the members of the Task Force shall select and desig -to a Chairperson and Vice -Chairperson from among the members of the Task Force o shall serve at the pleasure of the Task Force. Section 7. Meetings and Quorum. All meetings of the Task Force shall be noticed and open to the blic. The public shall be encouraged to submit oral or written comments to the Task Force. minimum of fifty percent (50%) plus on (1) of the total members of the Task Force s : II constitute a quorum for the purpose of convening any meeting. An affirmative vote of a m ority of the members present and voting at any meeting is required for any action to be taken .y the Task Force. Section 8. Rule of Procedure; Roberts Rules. The Task Force may adopt its own order of bus ess and rules of procedure governing its meetings and take actions on matters within its jur . • iction not inconsistent with the provisions set forth herein, which rules of procedur: hall be filed with the City Clerk. If no such rules of procedure are expressly adopted, the Ta Force will use Robert's Rules without the necessity of other action. Robert's Rules will g• ern in the event the adopted rules of procedure are silent on an issue. The Task Force shall - • mply with all requirements of Chapters 119 (Public Records) and 286 (Sunshine Law), ' orida Statutes. The minutes of each meeting shall be promptly made available and such re ds shall be open to public inspection. Copies of minutes of all Task Force meetings sh be furnished to the Mayor, City Commissioners, City Attorney, and City Manager. Section 9. Legal Counsel The City Attorney sh - serve as legal counsel to the Task Force and shall provide legal advice on all matters consi► -red by the Task Force. The City Attorney or Designee shall provide legal support to the Task orce and attend all Task Force meetings. Section 10. -signment of Staff It shall b- e duty of the City Manager to provide full cooperation and sufficient personnel for cessary administrative support to the Task Force, including assignment of an individual to . t as liaison and secretary to the Task Force as well as the assignment of individuals om any and all City Departments and Offices, as may be necessary, to advise the Task For' - about ongoing and pending issues. It shall be the duty of the Task Force's liaison to keep utes or cause said minutes to be taken at all meetings, maintain Task Force corr- . •ondence, post meeting notices with the City Clerk, file reports, and perform all other ne' •ssary support functions. The City Manager shall ensure that the Assistant City Manager erseeing Code Compliance and Finance or their Designee, who shall not be the same esignee as the Task Force member, will be present at all meetings and available to aid the Task Force upon request. SUBSTITUTED Section 11. Sunset Provision. The Task Force shall sunset one year from the date of adoption. Section 12. This Resolution shall become effective immediately upon adoption. APPROVED AS TO FORM AND CORRECTNESS: ge Wy j ng II1, C y ttor y 1/12/2026