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HomeMy WebLinkAboutReso 2011-1697 ~ RESOLUTION NO. 2011-~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, OPPOSING THE PASSAGE OF HOUSE BILL 4195 REPEALING CHAPTER 205, FLORIDA STATUTES, RELATING TO LOCAL BUSINESS TAx/OCCUPATIONAL LICENSES; URGING THE FLORIDA LEGISLATURE NOT TO PASS SUCH LEGISLATION; PROVIDING THE CITY MANAGER WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING DIRECTIVE TO THE CITY CLERK; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, House Bill 4195 has been filed for consideration during the 2011 state legislative session by Representative Marlene O'Toole (R-the Villages); and WHEREAS, House Bill 4195 if passes would repeal Chapter 205, Florida Statutes and thus eliminates the local business Tax (formally known as occupational licenses); and WHEREAS, HB 4195 if passed will have a significant fiscal impact on the county and all cities that impose a local business tax; and WHEREAS, the City of Sunny Isles Beach is one of the cities that collects Local Business Tax. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Opposing the Non-Passage of Legislation regarding HB 4195. The City Commission hereby expresses strong oppositions to HB 4195 that would repeal Chapter 205, Florida Statutes, eliminating the Local Business Tax (formally known as occupational licenses). Section 2. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 3. Directive to the City Clerk. The City Commission hereby directs the City Clerk to transmit a certified copy of this resolution to the Governor, Senate President, House Speaker, the Chair and Members of the Miami-Dade County State Legislative Delegation, Senator Mike Bennett, the Presiding Officer, Members, Senator Gwen Margolis, Ron Book, Esq., and the Executive Director of the Miami-Dade County League of Cities. Section 4. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this &day of March, 2011. ATTEST: 6::c&,~ D AS TO FORM S FFICIENCY: Vote: 5-D Mayor Edelcup Vice Mayor Thaler Commissioner Aelion Commissioner Gatto Commissioner Scholl ~ 'f\<Z:.L\ON ~~~ Sc..\-\bLL Moved by: Seconded by: ~(Yes) _l.L.cY es) -----!L(Y es) ~(Yes) ----L(Yes) _(No) _(No) _(No) _(No) _(No) - FLORIDA H 0 USE o F REPRESENTATIVES HB 4195 2011 1 A bill to be entitled 2 An act relating to local business taxes; repealing ch. 3 205, F.S., which established the Local Business Tax Act; 4 amending ss. 202.24, 213.0535, 213.756, 290.0057, 376.84, 5 379.3761, 482.071, 482.242, 489.127, 489.128, 489.131, 6 489.532, 489.537, 500.511, 501.016, 501.143, 501.160, and 7 559.939, F.S.; conforming references and cross-references; 8 providing an effective date. 9 10 Be It Enacted by the Legislature of the State of Florida: 11 12 Section 1. Chapter 205, Florida Statutes, consisting of 13 sections 205.013, 205.022, 205.023, 205.0315, 205.032, 205.033, 14 205.042, 205.043, 205.045, 205.053, 205.0532, 205.0535, 15 205.0536, 205.0537, 205.054, 205.063, 205.064, 205.065, 205.162, 16 205.171, 205.191, 205.192, 205.193, 205.194, 205.196, 205.1965, 17 205.1967, 205.1969, 205.1971, 205.1973, and 205.1975, is 18 repealed. 19 Section 2. Paragraph (c) of subsection (2) of section 20 202.24, Florida Statutes, is amended to read: 21 202.24 Limitations on local taxes and fees imposed on 22 dealers of communications services.- 23 (2) 24 (c) This subsection does not apply to: 25 1. Local communications services taxes levied under this 26 chapter. 27 2. Ad valorem taxes levied pursuant to chapter 200. 28 3. BU8ine88 t~xe8 levied under ch~pter 205. Page 1 of 12 CODING: Words stricken are deletions; words underlined are additions. hb4195-QQ .... FLORIDA H 0 USE o F REPRESENTATIVES HB 4195 2011 29 3.4-.- "911" service charges levied under chapter 3 65. 30 4.~ Amounts charged for the rental or other use of 31 property owned by a public body which is not in the public 32 rights-of-way to a dealer of communications services for any 33 purpose, including, but not limited to, the placement or 34 attachment of equipment used in the provision of communications 35 services. 36 5.~ Permit fees of general applicability which are not 37 related to placing or maintaining facilities in or on public 38 roads or rights-of-way. 39 6.~ Permit fees related to placing or maintaining 40 facilities in or on public roads or rights-of-way pursuant to s. 41 337.40l. 42 7.~ Any in-kind requirements, institutional networks, or 43 contributions for, or in support of, the use or construction of 44 public, educational, or governmental access facilities allowed 45 under federal law and imposed on providers of cable or video 46 service pursuant to any existing ordinance or an existing 47 franchise agreement granted by each municipality or county, 48 under which ordinance or franchise agreement service is provided 49 prior to July 1, 2007, or as permitted under chapter 610. 50 Nothing in this subparagraph shall prohibit the ability of 51 providers of cable or video service to recover such expenses as 52 allowed under federal law. 53 8.~ Special assessments and impact fees. 54 9.+&. Pole attachment fees that are charged by a local 55 government for attachments to utility poles owned by the local 56 government. Page 2 of 12 CODING: Words stricken are deletions; words underlined are additions. hb4195-QQ .... FLORIDA H 0 USE o F REPRESENTATIVES HB 4195 2011 57 10.~ Utility service fees or other similar user fees for 58 utility services. 59 11.~ Any other generally applicable tax, fee, charge, or 60 imposition authorized by general law on July 1, 2000, which is 61 not specifically prohibited by this subsection or included as a 62 replaced revenue source in s. 202.20. 63 Section 3. Paragraph (a) of subsection (4) of section 64 213.0535, Florida Statutes, is amended to read: 65 213.0535 Registration Information Sharing and Exchange 66 Program.- 67 (4) There are two levels of participation: 68 (a) Each unit of state or local government responsible for 69 administering one or more of the provisions specified in 70 subparagraphs 1.-8. is a level-one participant. Level-one 71 participants shall exchange, monthly or quarterly, as determined 72 jointly by each participant and the department, the data 73 enumerated in subsection (2) for each new registrant, new filer, 74 or initial reporter, permittee, or licensee, with respect to the 75 following taxes, licenses, or permits: 76 1. The sales and use tax imposed under chapter 212. 77 2. The tourist development tax imposed under s. 125.0104. 78 3. The tourist impact tax imposed under s. 125.0108. 79 1. Lec;:ll buoincDo t;:l}{CO impeDcd undcr ch;:lptcr 205. 80 4.~ Convention development taxes imposed under s. 81 212.0305. 82 5.~ Public lodging and food service establishment 83 licenses issued pursuant to chapter 509. 84 6.~ Beverage law licenses issued pursuant to chapter 561. Page 3 of 12 CODING: Words stricken are deletions; words underlined are additions. hb4195-00 ~ FLORIDA H 0 USE o F REPRESENTATIVES HB4195 2011 85 7.~ A municipal resort tax as authorized under chapter 86 67-930, Laws of Florida. 87 Section 4. Paragraph (b) of subsection (2) of section 88 213.756, Florida Statutes, is amended to read: 89 213.756 Funds collected are state tax funds.- 90 (2) 91 (b) This subsection applies to those taxes enumerated in 92 s. 72.011, excluding chapter 202 ~nd th~t portion of ch~ptcr 203 93 collcctcd thcrcundcr, and also applies to taxes imposed under 94 chapter 205. 95 Section 5. Paragraph (e) of subsection (1) of section 96 290.0057, Florida Statutes, is amended to read: 97 290.0057 Enterprise zone development plan.- 98 (1) Any application for designation as a new enterprise 99 zone must be accompanied by a strategic plan adopted by the 100 governing body of the municipality or county, or the governing 101 bodies of the county and one or more municipalities together. At 102 a minimum, the plan must: 103 (e) Commit the governing body or bodies to enact and 104 maintain local fiscal and regulatory incentives, if approval for 105 the area is received under s. 290.0065. These incentives may 106 include the municipal public service tax exemption provided by 107 s. 166.231, the economic development ad valorem tax exemption 108 provided by s. 196.1995, thc bU:Jinc:J:J t~H C}{cmption pro"v"idcd by 109 :J. 205.051, local impact fee abatement or reduction, or low- 110 interest or interest-free loans or grants to businesses to 111 encourage the revitalization of the nominated area. 112 Section 6. Paragraphs (e) through (0) of subsection (1) of Page 4 of 12 CODING: Words stricken are deletions; words underlined are additions. hb4195-QQ FLORIDA H 0 USE o F REPRESENTATIVES HB 4195 2011 113 section 376.84, Florida Statutes, are redesignated as paragraphs 114 (d) through (n), respectively, and present paragraph (d) of that 115 subsection is amended to read: 116 376.84 Brownfield redevelopment economic incentives.-It is 117 the intent of the Legislature that brownfield redevelopment 118 activities be viewed as opportunities to significantly improve 119 the utilization, general condition, and appearance of these 120 sites. Different standards than those in place for new 121 development, as allowed under current state and local laws, 122 should be used to the fullest extent to encourage the 123 redevelopment of a brownfield. State and local governments are 124 encouraged to offer redevelopment incentives for this purpose, 125 as an ongoing public investment in infrastructure and services, 126 to help eliminate the public health and environmental hazards, 127 and to promote the creation of jobs in these areas. Such 128 incentives may include financial, regulatory, and technical 129 assistance to persons and businesses involved in the 130 redevelopment of the brownfield pursuant to this act. 131 (1) Financial incentives and local incentives for 132 redevelopment may include, but not be limited to: 133 (d) W~i~er, reduction, or liffiit~tion by line of bU8ine88 134 \lith re8pect to buoineoo t~){e8 purou~nt to ch~pter 205. 135 Section 7. Subsections (5) and (6) of section 379.3761, 136 Florida Statutes, are renumbered as subsections (4) and (5), 137 respectively, and present subsection (4) of that section is 138 amended to read: 139 379.3761 Exhibition or sale of wildlife; fees; 140 classifications.- Page 5 of 12 CODING: Words stricken are deletions; words underlined are additions. hb4195-00 FLORIDA H 0 USE o F REPRESENTATIVES HB 4195 2011 141 (1) The pro~i~ion~ of thi~ ~ection rel~ti~e to licen~ing 142 for exhibition do not ~pply to ~ny ffiunicip~l, county, ~t~te, or 143 other publicly mmed ',;ildlife exhibit or ~ny tr~~eling zoo, 144 circu~, or ochibit liccnoed under ch~pter 205. 145 Section 8. Subsection (5) of section 482.071, Florida 146 Statutes, is amended to read: 147 482.071 Licenses.- 148 (5) ~ licen~e undcr thi~ oection io ~ prerequioite for the 149 i~~u~nce of ~ loc~l occup~tion~l licen~e to eng~ge in peot 150 control, ~~ pro~ided in ~. 205.1967. 151 Section 9. Paragraphs (b) through (g) of subsection (1) of 152 section 482.242, Florida Statutes, are redesignated as 153 paragraphs (a) through (f), respectively, and present paragraph 154 (a) of that subsection is amended to read: 155 482.242 Preemption.- 156 (1) This chapter is intended as comprehensive and 157 exclusive regulation of pest control in this state. The 158 provisions of this chapter preempt to the state all regulation 159 of the activities and operations of pest control services, 160 including the pesticides used pursuant to labeling and 161 registration approved under part I of chapter 487. No local 162 government or political subdivision of the state may enact or 163 enforce an ordinance that regulates pest control, except that 164 the preemption in this section does not prohibit a local 165 government or political subdivision from enacting an ordinance 166 regarding any of the following: 167 (~) Loc~l bu~ine~~ t~)ce~ ~dopted pur~u~nt to ch~pter 205. 168 Section 10. Subsection (1) of section 489.127, Florida Page 6 of 12 CODING: Words stricken are deletions; words underlined are additions. hb4195-QQ FLORIDA H 0 USE o F REPRESENTATIVES HB 4195 2011 169 Statutes, is amended to read: 170 489.127 Prohibitions; penalties.- 171 (1) No person shall: 172 (a) Falsely hold himself or herself or a business 173 organization out as a licensee, certificateholder, or 174 registrant; 175 (b) Falsely impersonate a certificateholder or registrant; 176 (c) Present as his or her own the certificate or 177 registration of another; 178 (d) Knowingly give false or forged evidence to the board 179 or a member thereof; 180 (e) Use or attempt to use a certificate or registration 181 that has been suspended or revoked; 182 (f) Engage in the business or act in the capacity of a 183 contractor or advertise himself or herself or a business 184 organization as available to engage in the business or act in 185 the capacity of a contractor without being duly registered or 186 certified; 187 (g) Operate a business organization engaged in contracting 188 after 60 days following the termination of its only qualifying 189 agent without designating another primary qualifying agent, 190 except as provided in ss. 489.119 and 489.1195; 191 (h) Commence or perform work for which a building permit 192 is required pursuant to part IV of chapter 553 without such 193 building permit being in effect; or 194 (i) Willfully or deliberately disregard or violate any 195 municipal or county ordinance relating to uncertified or 196 unregistered contractors. Page 7 of 12 CODING: Words stricken are deletions; words underlined are additions. hb4195-QQ FLORIDA H 0 USE o F REPRESENTATIVES HB 4195 2011 197 198 For purposes of this subsection, a person or business 199 organization operating on an inactive or suspended certificate 200 or registration is not duly certified or registered and is 201 considered unlicensed. I'. bu.:;ineoo t;:uc receipt iooued under the 202 ~uthority of ch~ptcr 205 io not ~ licen.:;e for purpo.:;e.:; of thi.:; 203 p~rt. 204 Section 11. Paragraph (c) of subsection (1) of section 205 489.128, Florida Statutes, is redesignated as paragraph (b) and 206 present paragraph (b) of that subsection is amended to read: 207 489.128 Contracts entered into by unlicensed contractors 208 unenforceable.- 209 (1) As a matter of public policy, contracts entered into 210 on or after October 1, 1990, by an unlicensed contractor shall 211 be unenforceable in law or in equity by the unlicensed 212 contractor. 213 (b) For purpooeo of thio .:;ection, ~n indi~idu~l or 214 buoineoo org~niz~tion m~y not be con.:;idered unlicen.:;ed for 215 f~iling to h~~e ~ buoineoo t~J( receipt i.:;.:;ued under the 216 ~uthority of ch~pter 205. 217 Section 12. Paragraph (c) of subsection (3) of section 218 489.131, Florida Statutes, is amended to read: 219 489.131 Applicability.- 220 (3) Nothing in this part limits the power of a 221 municipality or county: 222 (c) To collect buoineoo t~)ceo, .:;ubj ect to .:;. 205.065, ~nd 223 inspection fees for engaging in contracting or examination fees 224 from persons who are registered with the board pursuant to local Page 8 of 12 CODING: Words stricken are deletions; words underlined are additions. hb4195-00 FLORIDA H 0 USE o F REPRESENTATIVES HB 4195 2011 225 examination requirements ~nd iooue buoineoo t~x receipto. 226 Ilo~e~er, nothing in thio p~rt oh~ll be conotrued to require 227 gener~l contr~ctoro, building contr~ctoro, or reoidenti~l 228 contr~ctoro to obt~in ~ddi tion~l buoineoo t~)C receipto for 229 opeci~l tj' ~orlc ',:hen ouch opeci~l ty ',:orJc io performed by 230 employeeo of ouch contr~ctoro on proj ecto for \:hich they h~TvTe 231 oubot~nti~lly full reoponoibility ~nd ouch contr~ctoro do not 232 hold themoel~eo out to the public ~o being opeci~lty 233 contr~ctoro. 234 Section 13. Paragraph (c) of subsection (1) of section 235 489.532, Florida Statutes, is redesignated as paragraph (b) and 236 present paragraph (b) of that subsection is amended to read: 237 489.532 Contracts entered into by unlicensed contractors 238 unenforceable.- 239 (1) As a matter of public policy, contracts entered into 240 on or after October 1, 1990, by an unlicensed contractor shall 241 be unenforceable in law or in equity by the unlicensed 242 contractor. 243 (b) For purpooeo of thio oection, ~n indi~idu~l or 244 buoineoo org~niz~tion oh~ll not be conoidered unlicenoed for 245 f~iling to h~ve ~ buoineoo t~x receipt iooued under the 246 ~uthority of ch~pter 205. 247 Section 14. Subsection (9) of section 489.537, Florida 248 Statutes, is renumbered as subsection (8) and present subsection 249 (8) of that section is amended to read: 250 489.537 Application of this part.- 251 (8) Peroono licenoed under thio p~rt ~re oubject to 00. 252 205.0535(1) ~nd 205.065, ~o ~pplic~ble. Page 9 of 12 CODING: Words stricken are deletions; words underlined are additions. hb4195-QQ FLORIDA H 0 USE o F R E PRE S E N TAT I V E S HB 4195 2011 253 Section 15. Subsection (3) of section 500.511, Florida 254 Statutes, is amended to read: 255 500.511 Fees; enforcement; preemption.- 256 (3) PREEMPTION OF AUTHORITY TO REGULATE.-Regulation of 257 bottled water plants, water vending machines, water vending 258 machine operators, and packaged ice plants is preempted by the 259 state. No county or municipality may adopt or enforce any 260 ordinance that regulates the licensure or operation of bottled 261 water plants, water vending machines, or packaged ice plants, 262 unless it is determined that unique conditions exist within the 263 county which require the county to regulate such entities in 264 order to protect the public health. ThiJ Jubocction docJ not 265 prohibit.J. county or municip.J.lity from requiring .J. bUJineoo t.J.E 266 purJu.J.nt to ch.J.pter 205. 267 Section 16. Subsection (1) of section 501.016, Florida 268 Statutes, is amended to read: 269 501.016 Health studios; security requirements.-Each health 270 studio that sells contracts for health studio services shall 271 meet the following requirements: 272 (1) Each health studio shall maintain for each separate 273 business location a bond issued by a surety company admitted to 274 do business in this state. The principal sum of the bond shall 275 be $50,000, .J.nd the bond, ',;hen required, oh.J.ll be obt.J.ined 276 before.J. buoineJo t.J.}{ receipt m.J.Y be iJJued under ch.J.pter 205. 277 Upon ioou.J.nce of .J. bUJineJo t.J.X receipt, the licenJing .J.uthority 278 oh.J.ll iffiffledi.J.tely notify the dep.J.rtment of ouch iJJu.J.nce in .J. 279 ffi.J.nner eJt.J.bliJhed by the dep.J.rtment by rule. The bond shall be 280 in favor of the state for the benefit of any person injured as a Page 10 of 12 CODING: Words stricken are deletions; words underlined are additions. hb4195-00 FLORIDA H 0 USE o F REPRESENTATIVES HB 4195 2011 281 result of a violation of ss. 501.012-501.019. The aggregate 282 liability of the surety to all persons for all breaches of the 283 conditions of the bonds provided herein shall in no event exceed 284 the amount of the bond. The original surety bond required by 285 this section shall be filed with the department. 286 Section 17. Paragraphs (c) through (f) of subsection (3) 287 of section 501.143, Florida Statutes, are redesignated as 288 paragraphs (b) through (e), respectively, and present paragraph 289 (b) of that subsection is amended to read: 290 501.143 Dance Studio Act.- 291 (3) REGISTRATION OF BALLROOM DANCE STUDIOS.- 292 (b) l\n)' per:Jon .J.ppl)'ing for or reneHing .J. loc.J.I bU:Jine:J:J 293 t.J.JC receipt to eng.J.ge in buoine:J:J .J.O .J. b.J.llrooill d.J.nce otudio 294 muot eJchibi t .J.n .J.cti'v'e regiotr.J. tion certific.J. te from the 295 dep.J.rtillent before the loc.J.I bU:Jine:J:J t.J.H receipt ill.J.)' be i:J:Jued 296 or reiooued under ch.J.pter 205. 297 Section 18. Subsection (9) of section 501.160, Florida 298 Statutes, is amended to read: 299 501.160 Rental or sale of essential commodities during a 300 declared state of emergency; prohibition against unconscionable 301 prices.- 302 (9) Upon a declaration of a state of emergency by the 303 Governor, in order to protect the he.J.I th, o.J.fet)', .J.nd ',Jelf.J.re of 304 reoidento, .J.ny peroon ',;ho offero good:J .J.nd :Jer'v'ice:J for :J.J.le to 305 the public during the dur.J.tion of the emergency .J.nd who doe:J not 306 poo:Jeo:J.J. buoineoo t.J.H receipt under :J. 205.032 or :J. 205.012 307 commit:J.J. mi:Jdeme.J.nor of the :Jecond degree, puni:Jh.J.ble .J.:J 308 pro'v'ided in :J. 775.082 or o. 775.083. During .J. decl.J.red Page 11 of12 CODING: Words stricken are deletions; words underlined are additions, hb4195-QQ FLORIDA H 0 USE o F REPRESENTATIVES HB 4195 2011 309 emergency, thio ouboection doeo not Jpply to religiouo, 310 chJritJble, frJternJl, ci~ic, educJtionJl, or oociJl 311 orgJnizJtiono. During J declJred emergency Jnd when there is an 312 allegation of price gouging against the person, failure to 313 possess a license constitutes reasonable cause to detain the 314 person, provided that the detention shall only be made in a 315 reasonable manner and only for a reasonable period of time 316 sufficient for an inquiry into the circumstances surrounding the 317 failure to possess a license. 318 Section 19. Section 559.939, Florida Statutes, is amended 319 to read: 320 559.939 State preemption.-No municipality or county or 321 other political subdivision of this state shall have authority 322 to levy or collect any registration fee or tax, as a regulatory 323 measure, or to require the registration or bonding in any manner 324 of any seller of travel who is registered or complies with all 325 applicable provisions of this part, unless that authority is 326 provided for by special or general act of the Legislature. Any 327 ordinance, resolution, or regulation of any municipality eT 328 county or other political subdivision of this state which is in 329 conflict with any provision of this part is preempted by this 330 part. The pro~ioiono of thio oection do not Jpply to Jny locJl 331 buoineoo tJ)( le~ied purouJnt to chJpter 205. 332 Section 20. This act shall take effect July 1, 2011. Page 12 of 12 CODING: Words stricken are deletions; words underlined are additions. hb4195-QQ Preview Page 1 of 1 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Norman S. Edelcup, Mayor DATE: 3/17/2011 RE: Resolution Opposing the Passage of HB 4195 RECOMMENDATION: This Resolution is presented for your consideration REASONS: House Bill 4195 has been filed for consideration during the 2011 State Legislative session. The purpose of this bill is to repeal Chapter 205, Florida Statutes, commonly called the Local Business Tax. I f this bill passes it would repeal Chapter 205, and thus eliminates the Local Business Tax (formally known as occupationallicenses).The repeal of Chapter 205 will have a major fiscal impact on the City. The City of Sunny Isles Beach collects the Local Business Tax from persons wanting to do business in the City. Collection of this tax not only brings revenue to the cities, but in registering with the City, the database created, is best able to assist consumers should there be an issue relating to price gouging and disputes. Consumers are able to check the database to ensure that vendors are properly licensed. ATTACHMENTS: . Resolution http://sibagenda.sibfl.net/agenda/Preview.aspx?l temID=462&MeetingID=0&MeetingDate... 3/1 0/20 11 City of Sunny Isles Beach 18070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3 113 Fax (305) 947-2150 Building Department (305) 947-5107 Fax City Commission Norman S. Edelcup, Mayor Lewis Thaler, Vice Mayor Isaac Aetion, Commissioner Jeanette Gatto, Commissioner George "Bud" Scholl, Commissioner Jorge Vera, Acting City Manager Hans Ottinot, City Attorney Jane A. Hines, CMC, City Clerk MEMORANDUM TO: The Honorable City Commission FROM: Norman S. Edelcup, Mayor DATE: March 17,2011 RE: Resolution Opposing the Passage of HB 4195 Recommendation: This Resolution is presented for your consideration. Reasons: House Bill 4195 has been filed for consideration during the 2011 State Legislative session. The purpose of this bill is to repeal Chapter 205, Florida Statutes, commonly called the Local Business Tax. If this bill passes it would repeal Chapter 205, and thus eliminates the Local Business Tax (formally known as occupationallicenses).The repeal of Chapter 205 will have a major fiscal impact on the City. The City of Sunny Isles Beach collects the Local Business Tax from persons wanting to do business in the City. Collection of this tax not only brings revenue to the cities, but in registering with the City, the database created, is best able to assist consumers should there be an issue relating to price gouging and disputes. Consumers are able to check the database to ensure that vendors are properly licensed.