2003-14ORDINANCE NO. 2003-14
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA; ASSESSING AND IMPOSING EXCISE
TAX ON CASUALTY INSURANCE PREMIUMS ON
ALL PREMIUMS COLLECTED ON CASUALTY
INSURANCE POLICIES COVERING PROPERTY
WITHIN THE CITY OF AVENTURA, AS
AUTHORIZED BY SECTION 185.08, FLORIDA
STATUTES, FOR THE PURPOSE OF PROVIDING
CERTAIN FUNDING FOR THE CITY OF AVENTURA
POLICE OFFICERS' DEFINED BENEFIT PENSION
PLAN; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN CODE;
PROVIDING FOR EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Aventura has agreed to establish and
provide a defined benefit pension plan for police officers of the City pursuant to the Collective
Bargaining Agreement between the City and the Miami-Dade County PBA, as the collective
bargaining agent for the City's police officers; and
WHEREAS, the City Commission has the authority pursuant to Section 185.08, Florida
Statutes, to assess and impose a state authorized excise tax on casualty insurance premiums for
the purpose of assisting in the funding of the above-described defined benefit pension plan; and
WHEREAS, the City Commission finds that the establishment of the defined benefit
pension plan (the "Pension Plan") is in the best imerest of the City.
NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE CITY
COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. That each of the above stated recitals is hereby
adopted and confirmed.
Section 2. Excise Tax Assessed and Imposed. That pursuant to Section
Ordinance No. 2003-14
Page 2
185.08, Florida Statutes, there is hereby assessed and imposed on every insurance
company, corporation, or other insurer, now engaged in or carrying on, or who shall
hereafter engage in or carry on, the business of casualty insurance as shown by the
records of the Office of Insurance Regulation of the Financial Services Commission, an
excise tax in addition to any lawful license or excise tax now levied by the City,
amounting to .85% of the gross amount of receipts of premiums from policyholders on all
premiums collected on Casualty Insurance Policies covering property within the
corporate limits of the City o£ Aventura. In the case of multiple peril policies with a
single premium for both property and casualty coverages in such policies, 30% of such
premium shall be used as the basis for the .85% tax described above. This excise tax
shall be payable annually on March 1 of each year after the adoption of this Ordinance.
Section 3. Pension Plan Adopted. That the specific provisions of the
defined benefit pension plan shall be adopted by separate ordinance following adoption
of this ordinance.
Section 4. Implementation. That the City Manager is authorized to take
any and all action necessary to implement and enforce this Ordinance.
Section 5. Severability. That the provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity
of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall
remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 6. Inclusion in the Code. That it is the intention of the City
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Ordinance No. 2003 -14
Page 3
Commission, and it is hereby ordained that the provisions of' this Ordinance shall become
and be made a part o£ the Code of the City of Aventura; that the sections of this
Ordinance may be renumbered or relettered to accomplish such intentions; and that the
word "Ordinance" shall be changed to "Section" or other appropriate word.
Section 7. Effective Date. That upon adoption on second reading this Ordinance
shall be effective from and after October l, 2003.
The foregoing Ordinance was offered by Commissioner Cohen who moved its
adoption on first reading. This motion was seconded by Commissioner Diamond and
upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Ken Cohen
Commissioner Bob Diamond
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Jay R. Beskin
Mayor Jeffrey M. Perlow
yes
yes
yes
yes
yes
yes
yes
The foregoing Ordinance was offered by Commissioner Grossman, who moved
its adoption on second reading. This motion was seconded by Commissioner Diamond
and upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Ken Cohen
Commissioner Bob Diamond
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Jay R. Besk'ln
Mayor Jeffrey M. Perlow
yes
yes
yes
yes
yes
yes
yes
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Ordinance No. 2003- 1___4
Page 4
PASSED AND ADOPTED on first reading this 4t~ day of November, 2003.
2003.
PASSED AND ADOPTED on second reading thisl 5th day of December,
9 19[. t3121~JWT'~MAYOR
ESA M. ~;O
CLERK
LA, t2MC
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY