At its March 27, 2023 meeting, the City Commission approved a referral to the Finance and Economic Resiliency Committee (FERC) to discuss the City’s rolloff contractor permitting process and related permit fees (generally consisting of 20% of the rolloff contractor’s gross receipts,) and whether the City Code should be amended to clarify the circumstances under which a rolloff permit (and payment of the percentage of gross receipts,) is required from those individuals and entities engaged in demolition and/or removal of construction debris or bulky waste in the City.

At its May 24, 2023 meeting, FERC Committee members held a discussion with regards to Sections 90-276, 277 and 278 of the City Code pertaining to permitting requirements for removal or disposing of construction and demolition debris, particularly rolloff containers, and how the City Code could be amended in order to clarify its use and eligibility.

Public Works staff introduced the item, followed by Code Compliance, the Inspector General's Office and a member of a waste hauling company, who brought up issues with the current City Ordinance, and how he was subject to fines for alleged non-rolloff permitting compliance dating back four years as a result of an Inspector General's audit.

At the end of the discussion, sponsoring Commissioner Richardson made a motion to continue the item to the June Committee meeting, with the following direction:

• To have the Inspector General's office review the files for any violations pertaining to rolloffs.
• Have Code review the Inspector General's office review of  these files for Code interpretation.
•  Have the Administration recommend language to be applied to the current City Ordinance to make clear what a rolloff is, its use, and to recommend there be no retroactive fines associated to rolloff non-compliance or misinterpretation.

At its June 23, 2023 meeting, FERC Committee members continued the discussion consisting of the 20% rolloff contractor's gross receipts, and proposed Ordinance language.  A motion was made to: 1) Open and continue the discussion to the July FERC meeting, and 2) Pursuant to the request of Commissioner Richardson, the attached Resolution was submitted and approved by the Mayor and City Commission at the June 28, 2023 Commission meeting, affirming the City policy on rolloff and rolloff containers.

While Sections 90-276, 90-277 and 90-278, DIVISION 4. - SPECIALTY CONTRACTORS, Subdivision II. - Rolloff/Portable Waste Contractors, of the City Code provides for the issuance of a Business Tax Receipt (BTR) and franchise fees.  There is some ambiguity and misunderstanding from the construction industry and as a result, the administration is recommending a revision to these sections to reflect the current means and methods being utilized by those individuals engaged in demolition and/or removal of construction debris and/or bulky waste, and in the enforcement of these code provisions.

In order to have a clear understanding in its use and application, the Administration is recommending revisions to harmonize sections 90-276, 90-277 and 90-278 to incorporate into the City Code, expanded definitions similar to and which are currently used by the City of Miami; see below definitions contained in the City of Miami, Florida; Chapter 22.

City of Miami - Chapter 22

Sec. 22-1. Definitions.

Gross receipts. The words "gross receipts" shall mean all monies, whether paid by cash, check, debit, credit, or any other legal form of payment, resulting from all transactions and activities in the franchisee's regular course of business and trade including administrative fees, garbage, industrial, solid waste, used cooking oil waste, environmental charges and fees, containerized waste services, fuel surcharge, construction and demolition debris, roofing materials, trash, litter, maintenance, compactors, refuse and/or rubbish collection removal and disposal services rendered, hand bag collection, recycling (excluding recovered materials at commercial establishments as defined by F.S. § 403.703), or from any other source related directly or indirectly from waste collection services, including, but not limited to, all income derived from the use of dump trucks, grappling trucks, roll-off trucks, trailers, roll-offs, boxed in, framed, fenced in, or otherwise designated storage areas, etc., containers, bagsters, chutes, and any other vehicles and equipment used for collection and disposal of any debris by the franchisee, exclusive of Franchise Fees herein and taxes as provided by law, whether wholly or partially collected within the city, less bad debts. Gross receipts shall not include income derived from the transportation, storage, treatment, collection, and removal of biomedical, biological, or hazardous waste as herein defined. (Emphasis supplied.)

This discussion item is being presented to the members of the Finance and Economic Resiliency Committee for guidance, in terms of any revisions to sections 90-276, 90-277 and 90-278 of the City Code.