Legislative Matter

Miami-Dade Legislative Item
File Number: 090660

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Clerk's Official Copy

File Number: 090660

File Type: Resolution

Status: Adopted

Version: 0

Reference: R-552-09

Control: Board of County Commissioners

File Name: COMMISSION AUDITOR TO PREPARE RPTS ON BEACON COUNCIL BUS TAX

Introduced: 3/6/2009

Requester: NONE

Cost:

Final Action: 5/5/2009

Agenda Date: 5/5/2009

Agenda Item Number: 11A9

Notes:

Title:

RESOLUTION DIRECTING THE COMMISSION AUDITOR TO PREPARE QUARTERLY REPORTS TO THE BOARD OF COUNTY COMMISSIONERS ON THE BEACON COUNCIL’S USE OF THE EIGHT PER CENT OF THE BUSINESS TAX PREVIOUSLY USED BY THE METRO-MIAMI ACTION PLAN TRUST

Indexes:	MMAP
	COMMISSION AUDITOR

Sponsors:	Audrey M. Edmonson, Prime Sponsor
	Carlos A. Gimenez, Co-Sponsor

Sunset Provision: No

Effective Date:

Expiration Date:

Registered Lobbyist:

None Listed

Legislative History
Acting Body	Date	Agenda Item	Action	Sent To	Due Date	Returned	Pass/Fail

Board of County Commissioners	5/5/2009	11A9	Adopted				P
REPORT:	Commissioner Jordan referenced a letter from Mr. Frank Nero, President and Chief Executive Officer, The Beacon Council, in response to the foregoing proposed resolution. She noted Mr. Nero’s letter indicated the Beacon Council funds that were previously diverted had been incorporated in the Council’s general operating budget and supported its marketing mission in its entirety. She indicated a previous ordinance designating the Beacon Council to utilize revenues for similar purposes in economically disadvantaged neighborhoods as set forth in the former Grant Agreement with the Metro-Miami Action Plan Trust. Commissioner Jordan requested that Mr. Nero adhere to the County Commission’s mandate otherwise the Commission should consider taking back the eight percent business tax allocation. Commissioners Gimenez and Edmonson concurred with Commissioner Jordan noting specific instructions were given relating to the fund expenditure. Commissioner Gimenez requested that a uniform reporting method be utilized for both staff and the Commission Auditor. Chairman Moss asked staff to prepare a letter explaining the position being taken by the Commission. There being no further questions or comments, the Commission proceeded to vote.

Housing & Community Development Committee	4/15/2009	2A	Forwarded to BCC with a favorable recommendation				P
REPORT:	Assistant County Attorney Cynthia Johnson-Stacks read the foregoing proposed resolution into the record. There being no questions or comments, the Committee proceeded to vote.

County Attorney	3/6/2009		Assigned	Shannon D. Summerset	4/9/2009

County Attorney	3/6/2009		Referred	Housing & Community Development Committee	4/15/2009

Legislative Text

TITLE
RESOLUTION DIRECTING THE COMMISSION AUDITOR TO PREPARE QUARTERLY REPORTS TO THE BOARD OF COUNTY COMMISSIONERS ON THE BEACON COUNCIL�S USE OF THE EIGHT PER CENT OF THE BUSINESS TAX PREVIOUSLY USED BY THE METRO-MIAMI ACTION PLAN TRUST

BODY
WHEREAS, Section 205.032, Florida Statutes authorizes a county to levy a business tax for the privilege of engaging in or managing any business, profession, or occupation within its jurisdiction; and
WHEREAS, Section 205.33, Florida Statutes imposes certain conditions on the authority of each county to impose said business tax, including, but not limited to, requiring that any revenue, plus accrued interest, derived by a county shall be distributed each fiscal year to an organization or agency designated by the county to oversee and implement a comprehensive economic development strategy; and
WHEREAS, on June 11, 1987, this Board adopted Ordinance No. 87-38, codified at Section 8A-171.2 of the Code (�Code�), requiring applicants for new or renewed local business tax receipts to pay an additional amount of tax; and
WHEREAS, the Code designates the Miami-Dade Beacon Council, Inc. (�Beacon Council�) as the agency to receive the local business tax revenues and to oversee and implement a comprehensive economic development strategy; and
WHEREAS, the County and The Beacon Council entered into an agreement on October 1, 1987, to ensure the transfer of these revenues from the local business tax to The Beacon
Council; and
WHEREAS, on June 7, 1994, the Board passed a motion establishing a policy that eight percent (8%) of the local business tax revenues received by The Beacon Council should be allocated by The Beacon Council to Metro-Miami Action Plan Trust (�MMAP�); and
WHEREAS, pursuant to the Board�s Policy, on June 7, 1994, The Beacon Council and MMAP entered into a Grant Agreement whereby MMAP is required to use said revenues from the local business tax in accordance with state and local laws and to oversee and implement a comprehensive economic development strategy; and
WHEREAS, as Miami-Dade County's official economic development partner, the Beacon Council is charged with bringing new, job-generating investments to the community, while assisting existing businesses in their efforts to expand; and
WHEREAS, by doing this, the Beacon Council facilitates the creation of quality jobs for each and every resident of Miami-Dade County; and
WHEREAS, this Board desired that the Beacon Council receive the 8% of the local business tax revenue that was allocated to MMAP and rescinded its prior policy that the Beacon Council allocate 8% of the local business tax revenues to MMAP; and
WHEREAS, on October 7, 2008 this Board adopted Ordinance No. 08-112 designating that the Beacon Council utilize these revenues for similar purposes in economically disadvantaged neighborhoods as set forth in the former Grant Agreement with MMAP,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board does hereby
direct the Commission Auditor to prepare quarterly reports to the Board of County Commissioners on the Beacon Council�s use of the eight per cent of the business tax previously used by the Metro-Miami Action Plan Trust.