BACKGROUND
The Normandy Shores Local Government Neighborhood Improvement District, a dependent taxing district of its principal, the City of Miami Beach, was established in 1994 to provide continual 24-hour security to this gated community; FY 2016/17 represents its twenty-third year of operation.
The District was established by Ordinance 93-2881, and has the authority "to levy an ad-valorem tax on real and personal property of up to two mills, provided that no parcel of property will be assessed more than $500 annually for such improvements". During FY 1998/99 the amount of annual funding to be provided by the City and the dependent status of the District were issues discussed by the Finance and Citywide Projects Committee. A determination was reached that the City would fund 35% of the annual cost of the operation of the community gate guard. This cost will eventually be funded from the golf course operation of the Normandy Shores Golf Course. It was further agreed that the City would continue to supplement the District at current levels until both issues were resolved. On August 29, 2002, the Administration met with the Normandy Shores Local Government Neighborhood Improvement District representatives and agreed to eliminate the $500 cap on the highest valued home in the District. The enabling legislation was adopted by the Commission on September 25, 2002. This ensures that the City’s contribution from the General Fund remains at 35% of the operating budget of the District.
PROCEDURE
The operating millage and budget for this dependent special taxing district must be adopted in accordance with Florida Statutes. This procedure requires that this Resolution be considered immediately after the millage and budget of the principal taxing authority, i.e., City of Miami Beach.
It also prescribes that a final millage be adopted first. This is accomplished by adopting a Resolution which states the percent increase or decrease over the “Rolled-back” rate, and the date, time, and place of the second public hearing scheduled to adopt the final millage. Following this, another Resolution which adopts the Normandy Shores District operating budget must be approved. (See accompanying District Budget Agenda item for details).
The statute requires the name of the taxing authority, the rolled-back rate, the percentage increase, and the millage rate be publicly announced before adoption of the millage resolution.
CURRENT SERVICE LEVEL BUDGET
The current service level budget reflects budget increases or decreases necessary to provide the current level of services in the coming year. The final FY 2016/17 current service level budget is $257,000. This budget includes line items which were requested and approved by the Normandy District Homeowner's Association on August 22, 2016: $171,000 for security services, $35,000 for maintenance services, and $51,000 for other repairs including replacement of the video system, guardhouse canopy, vehicular bollard installation, and lighting improvements. The budget is $31,000 (13.7 percent) higher than the FY 2015/16 adopted budget.
The final ad valorem millage recommended by the Administration is 1.0093 mills. This millage rate is equivalent to the FY 2015/16 adopted millage of 1.0093. This tax levy would generate proceeds of $177,697, which will be budgeted at 95% ($169,000).
The rolled-back rate is the millage rate required to produce the same level of property tax revenue on FY 2016/17 as collected in FY 2015/16. The rate is calculated as 0.8821, or 0.1272 mills less than the millage rate adopted for FY 2015/16. The rolled-back millage rate tax levy would generate proceeds of $147,537. The difference between the current service level and rolled-back rate levy is $21,275. The adoption of the current service level millage of 1.0093 would require a two thirds (5 of 7 votes) of the Commission.
Further, pursuant to State Statute, Section 200.81 the City may elect to approve millage rates above the rolled-back rate up to the constitutional cap of 10 mills subject to the following votes by the Commission or referendum:
- Option I: A majority of the approval of the Commission Millage is required to approve a millage up to 0.9567 (equivalent to a 3.75% increase in Property Tax revenues). The 1.0375 increase is the state per capita personal income gain for the prior calendar year.
- Option II: A two-thirds approval (5 of 7 votes) of the Commission is required to approve a millage up to 1.0524 (equivalent to a 10% increase in Property Tax revenues above Option I).
- Option III: A unanimous approval of the Commission or referendum is required to approve a millage above 1.0524 mills.
The final rate of 1.0093 requires a two thirds (5 of 7 votes) of the Commission.
It must be noted that in accordance with State Statute, there is a 10 mill operating cap which cannot be exceeded without voter approval. Combining both millages from the dependent district (1.0093) and the principal taxing authority (5.7092) totals 6.7185 mills, which is 3.2815 mills less than the 10 mill cap.
The first public hearing on the tentative District millage rate and budget for FY 2016/17 was held on September 14, 2016. The millage rate herein is that which was tentatively adopted at the end of the first public hearing on that day.