Miami-Dade Legislative Item
File Number: 131270
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File Number: 131270 File Type: Ordinance Status: Withdrawn
Version: 0 Reference: Control:
File Name: SMALL BUSINESS ENTERPRISE PROGRAM CERTIFICATION REQUIREMENTS Introduced: 6/17/2013
Requester: NONE Cost: Final Action: 7/2/2013
Agenda Date: 7/2/2013 Agenda Item Number: 4B
Notes: Title: ORDINANCE PERTAINING TO SMALL BUSINESS ENTERPRISE PROGRAM; AMENDING SECTION 2-8.1.1.1.1 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA TO CREATE GRADUATION CRITERIA FOR WHOLESALERS AND MANUFACTURERS, REQUIRE ONE YEAR DOING BUSINESS IN MIAMI-DADE COUNTY PRIOR TO CERTIFICATION, INCLUDE TEMPORARY EMPLOYEES AND INDEPENDENT CONTRACTORS FOR CERTIFICATION PURPOSES, AND CONTRIBUTION TO ECONOMIC DEVELOPMENT AND WELL-BEING OF MIAMI-DADE COUNTY; AND PROVIDING SEVERABILITY, INCLUSION IN CODE AND EFFECTIVE DATE
Indexes: CERTIFICATION
  SMALL BUSINESS ENTERPRISE
Sponsors: Audrey M. Edmonson, Prime 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Board of County Commissioners 7/2/2013 4B Withdrawn P

Office of the Chairperson 6/26/2013 Withdrawals

County Attorney 6/17/2013 Referred

County Attorney 6/17/2013 Assigned David S. Hope 6/19/2013

Legislative Text


TITLE
ORDINANCE PERTAINING TO SMALL BUSINESS ENTERPRISE PROGRAM; AMENDING SECTION 2-8.1.1.1.1 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA TO CREATE GRADUATION CRITERIA FOR WHOLESALERS AND MANUFACTURERS, REQUIRE ONE YEAR DOING BUSINESS IN MIAMI-DADE COUNTY PRIOR TO CERTIFICATION, INCLUDE TEMPORARY EMPLOYEES AND INDEPENDENT CONTRACTORS FOR CERTIFICATION PURPOSES, AND CONTRIBUTION TO ECONOMIC DEVELOPMENT AND WELL-BEING OF MIAMI-DADE COUNTY; AND PROVIDING SEVERABILITY, INCLUSION IN CODE AND EFFECTIVE DATE

BODY
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 2-8.1.1.1.1 of the Code of Miami-Dade County, Florida, is hereby amended as follows1:
Sec. 2-8.1.1.1.1. Small Business Enterprise Program.

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(2) Definitions. The following definitions shall apply in this section

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10. Graduation means the SBE or Micro Enterprise has exceeded >>either the personal net worth, or<< the specific size limits stated for the program and may no longer be eligible to participate in the program.

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15. Micro Enterprise means a business entity certified by SBD, providing goods or services, which has >>a valid business tax receipt issued by Miami-Dade County at least one (1) year prior to certification,<< an actual place of business in Miami-Dade County and whose three year average gross revenues does not exceed two million dollars ($2,000,000.00), or a manufacturer with fifty (50) >>independent contractors, temporary and full-time<< employees or less, or a wholesaler with fifteen (15) >>independent contractors, temporary and full-time<< employees or less whose actual place of business is in Miami-Dade County. >>No firm shall be certified as a Micro Enterprise where the personal net worth of any of its owners is more than one million five hundred thousand dollars ($1,500,000.00), exclusive of the owner’s residence and value of the business. Representations as to average gross revenues, net worth of owners and payroll shall be subject to audit.<<

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22. Small Business Enterprise (SBE) means a business entity certified by SBD, providing goods or services, which has >>a valid business tax receipt issued by Miami-Dade County at least one (1) year prior to certification,<< an actual place of business in Miami-Dade County and whose three-year average gross revenues does not exceed five million dollars ($5,000,000.00). The term Small Business Enterprise shall also include a manufacturer with one hundred (100) >>independent contractors, temporary and full-time<< employees or less or wholesaler with fifty (50) >>independent contractors, temporary and full-time<< employees or less without regard to gross revenues whose actual place of business is located in Miami-Dade County. >>No firm shall be certified as a SBE where the personal net worth of any of its owners is more than one million five hundred thousand dollars ($1,500,000.00), exclusive of the owner’s residence and value of the business.<< Representations as to a business entity's average gross revenues>>, net worth of owners<< and payroll shall be subject to audit.

The County Mayor or designee shall be authorized to adjust the SBE/Micro-SBE size limits every five (5) years at his/her discretion based on the Consumer Price Index for All Urban Consumers (CPI-U) calculated by the U.S. Department of Commerce or other appropriate tool of inflation measures as applied to Miami-Dade County for the preceding five (5) years. The first indexing adjustment shall occur for the 2013-2014 calendar year using the figures provided for the calendar year ended December 31, 2012, and every five (5) years thereafter. The County Mayor or designee shall advise the Board of any such adjustment.

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(3) Program.

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(h) Certification.

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2. Any SBE/Micro Enterprise that exceeds the >>personal net worth or<< size limits shall immediately be graduated from the program after formal written notification. Such SBE/Micro Enterprises shall be allowed to remain through the contract period on awarded contracts and any options to renew on the contract. The graduated firm shall not be eligible for any new contracts under the SBE program under the existing certification. With exception of provisions described in the ordinance for graduation from the SBE/Micro Enterprise program, loss of certification may lead to removal of the firm from continued participation in the Small Business Enterprise program

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6. Applicants and certified SBEs or Micro Enterprises must have a[[n]] >>valid business tax receipt issued by Miami-Dade County at least one (1) year prior to certification,<< [[occupational license]] and an actual place of business in Miami-Dade County at which they perform a commercially useful function in the provision of the type of goods and services for which certification is sought in order to be eligible for certification or remain certified. >>In addition, a firm shall not be certified unless it contributes to the economic development and well-being of Miami-Dade County in a verifiable and measurable way. This may include, but not be limited to the retention and expansion of employment opportunities and the support and increase to the County’s tax base.<<

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Section 2. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 3. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word ''ordinance'' may be changed to ''section,'' ''article,'' or other appropriate word.


Section 4. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.

1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.



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