HomeMy WebLinkAboutSubstitution Memo from City AttorneyCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: George K. Wysong III, City Attorney eOr10eK' Wysong iir
DATE: January 21, 2026
RE: Substitution of Item RE.16 on the January 22, 2026, City Commission
Meeting Agenda: Authorizing and Directing the City Manager to work with
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
File No.: 18778
RE.16 on the January 22, 2026, City Commission Meeting proposes to establish a
Task Force headed by the Office of the Inspector General to conduct a comprehensive
review of business licenses with possible ties to the Cuban government. The item is being
substituted by the Sponsor to authorize and direct the City Manager to work with and
support the Miami -Dade County Tax Collector in doing the same. The substituted item
will no longer effectuate the creation of a Task Force
cc. James Reyes, City Manager
Marie Gouin, Director, Office of Management & Budget
Miriam Santana, Agenda Coordinator
Suw11-vhozi pacouo c(0A-1 ki 67,4_
City of Miami
Resolution
Legislation
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�
enforcement and application of all legal requirements associated with the issuance,`rnewa
suspension, or revocation of BTRs; -< '=
--+
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 Resolutra i ar4e,
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
File ID: 18778 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.
City of Miami Page 2 of 2 File ID: 18778 (Revision:) Printed on: 1/20/2026
City of Miami
Legislation
Resolution
File Number: 18778
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A TASK
FORCE HEADED BY THE OFFICE OF THE INSPECTOR GENERAL TO CONDUCT A
COMPREHENSIVE REVIEW OF BUSINESS LICENSES WITH POSSIBLE TIES TO
THE CUBAN GOVERNMENT; PROVIDING FOR THE TASK FORCE'S DUTIES,
COMPOSITION, AND REPORTING REQUIREMENTS; PROVIDING FOR
COORDINATION WITH FEDERAL AND STATE AUTHORITIES; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City of Miami ("City") is committed to ensuring that businesses operating
within its jurisdiction comply with all applicable federal, state, and local laws, including those
governing trade and financial transactions with foreign governments; and
WHEREAS, reports have raised concerns that some local businesses may have
financial or operational ties to the Cuban regime, which is subject to strict U.S. sanctions and
restrictions under federal law: and
WHEREAS, the City is allowed to issue a local Business Tax Receipt ("BTR") based
upon Chapter 205, Florida Statutes and is required to maintain compliance with all conditions;
and
WHEREAS, pursuant to §205.0532, Florida Statutes, "[a]ny local governing authority
issuing a business tax receipt to any individual, business, or entity under this chapter may
revoke or refuse to renew such receipt if the individual, business, or entity, or parent company of
such individual, business, or entity, is doing business with Cuba;" and
WHEREAS, pursuant to Section 8A-175.1 of the Miami -Dade County Code,
"[n]otwithstanding any other provision of this article, the tax collector shall revoke or refuse to
renew the local business tax receipt of any individual, business or entity, or the parent
company of such individual, business or entity which is doing business with Cuba in violation
of federal law;" and
WHEREAS, the City Commission recognizes the importance of safeguarding national
security, protecting the integrity of local commerce, and ensuring that no entity within the City
indirectly or directly benefits an authoritarian government; and
WHEREAS, the City Commission seeks to establish a transparent, fair, and lawful
process to review such concerns while affording affected businesses due process;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble of this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
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") issued 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 accuracy, including
reviewing documentation and federal authorizations (e.g., OFAC or BIS
licenses).
c. Ensure due process by providing affected businesses notice and an opportunity
to respond before any recommendations or actions are finalized.
d. Prepare recommendations for the City Commission regarding appropriate
actions, which may include:
o Referral to federal authorities for enforcement.
o Revocation or suspension of the issued BTR where violations of law are
confirmed.
o Policy changes to strengthen compliance monitoring.
e. Coordinate with relevant agencies, including federal and state authorities, as
necessary to ensure compliance with U.S. sanctions and regulations.
Section 4. Composition, Meeting Requirements, Attendance, Removal. The Task Force
shall be chaired by the Inspector General and include representatives the following:
• 1 appointment from the Mayor;
• 1 appointment from each Commissioner;
• 1 Designee from the Department of Code Compliance;
• 1 Designee from the Department of Finance; and
• 1 Designee from any other Departments deemed necessary by the Inspector
General.
a. Minimum Attendance Requirements and Removal. It is expected that the
appointed members of the Task Force attend each meeting. Attendance
requirements and removal therefrom shall be pursuant to Section 2-886 of
the City Code.
b. Vacancies. 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.
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 designate a
Chairperson and Vice -Chairperson from among the members of the Task Force who 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 public. The public shall
be encouraged to submit oral or written comments to the Task Force. A minimum of fifty
percent (50%) plus on (1) of the total members of the Task Force shall constitute a quorum for
the purpose of convening any meeting. An affirmative vote of a majority of the members present
and voting at any meeting is required for any action to be taken by the Task Force.
Section 8. Rule of Procedure; Roberts Rules.
The Task Force may adopt its own order of business and rules of procedure governing
its meetings and take actions on matters within its jurisdiction not inconsistent with the
provisions set forth herein, which rules of procedure shall be filed with the City Clerk. If no such
rules of procedure are expressly adopted, the Task Force will use Robert's Rules without the
necessity of other action. Robert's Rules will govern in the event the adopted rules of procedure
are silent on an issue. The Task Force shall comply with all requirements of Chapters 119
(Public Records) and 286 (Sunshine Law), Florida Statutes. The minutes of each meeting shall
be promptly made available and such records shall be open to public inspection. Copies of
minutes of all Task Force meetings shall be furnished to the Mayor, City Commissioners, City
Attorney, and City Manager.
Section 9. Legal Counsel
The City Attorney shall serve as legal counsel to the Task Force and shall provide legal
advice on all matters considered by the Task Force. The City Attorney or Designee shall provide
legal support to the Task Force and attend all Task Force meetings.
Section 10. Assignment of Staff
It shall be the duty of the City Manager to provide full cooperation and sufficient
personnel for necessary administrative support to the Task Force, including assignment of an
individual to act as liaison and secretary to the Task Force as well as the assignment of
individuals from any and all City Departments and Offices, as may be necessary, to advise the
Task Force about ongoing and pending issues. It shall be the duty of the Task Force's liaison to
keep minutes or cause said minutes to be taken at all meetings, maintain Task Force
correspondence, post meeting notices with the City Clerk, file reports, and perform all other
necessary support functions. The City Manager shall ensure that the Assistant City Manager
overseeing Code Compliance and Finance or their Designee, who shall not be the same
Designee as the Task Force member, will be present at all meetings and available to aid the
Task Force upon request.
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