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Occupational License Name Change to Local Business Tax
By Robert C. Solera, Community Development Director

Robert C. Solera, Community Development Director

Business License Required

Florida State statute 205 grants our City the right to levy a tax on the privilege of doing business within our City limits. It is the responsibility of the business owner to pay this tax annually; and it is the responsibility of the City – through Code Enforcement and Licensing (CE&L) – to ensure that a business is operating legally, and is allowed in that location as per zoning laws.

Licensing for businesses involves acquiring:

  • an Occupational License
  • a Certificate of Use and
  • all required State and County Licenses

Occupational License

On 2006 the Florida Legislature, passed and adopted House Bill 1269. This bill came about as a response to consumer fraud. Some unscrupulous persons presented a local Occupational License to consumers as proof of competency to perform various repairs and services.

CE&L staff guides new business owners through the process of opening a new business. This type of license provides the holder with the privilege to operate within the City limits in conjunction with a Certificate of Use (see explanation below). As an example of a type of operation/business, you may operate from a restaurant to a service station as long as all the county and state agencies requirements are met as well as the zoning classification permits, and a type of business may also include a home business. The License does not provide a right to provide a service for which a State License, a County License or Certificate of Competency is required, such as construction, remodeling, installation of tiles and other types.

The application process for an Occupational License assures that business have all the required documentation, certification, and/or registrations to operate legally. This may include, but not be limited to, obtaining any Federal, State, County, and/or City permits, licensing, certifications, or registrations. Both State and City laws specifically prohibit CE&L from issuing an Occupational License if any of the requirements is not met.

Certificate of Use

On the other hand the Certificate of Use process assures, that all businesses based on the Land Development Regulations (LDR), have the appropriate zoning approval for the type of business in which they would like to engage.

Renewal Period

The renewal process for all business was not changed under the above mentioned house bill, and a business can apply for a license anytime during the year, but all business licenses expire on September 30 th of each year as per Section 205.053 of State statute 205 which states:

“(1) All Licenses shall be sold by the appropriate tax collector beginning August 1 st of each year, are due and payable on or before September 30 th of each year, and expire on September 30 th of the succeeding year.”…

…“Licenses that are not renewed when due are delinquent and subject to a delinquency penalty…”

“(3) Any person who engages in any business, occupation, or profession covered by this chapter, who does not pay the required Occupational License tax within 150 days after the initial notice of tax due, and who does not obtain the required Occupational License tax is subject to civil actions and penalties, including, court costs, reasonable attorneys’ fees, additional administrative costs incurred as a result of collection efforts, and a penalty of up to $250.00.”

Penalty Fees

Various businesses were given warnings to come into compliance with the above code section. The City of Sunny Isles Beach adopted Ordinance 98-45 pursuant to Section 205 and established a license fee for all businesses and adopted Ordinance 2000-103 establishing fees for the required certificate of use, and penalties for non-renewal of such certificate of use. All licenses and accompanying certificate of use that failed to be renewed before October 1 st can be subjected to the following penalties:

Month

Occupational License

Certificate of Use

October 1

10% Original License Fee

10% = $38.50

November 1

15% Original License Fee

15% = $40.25

December 1

20% Original License Fee

20% = $42.00

January 1

25% Original License Fee

25% = $43.75

Unlicensed businesses are in violation of a number of laws and are thereby subject to enforcement action as necessary to bring said businesses into compliance with the law.

Apply for or Renew a Business License

Direct questions or to apply for a business license visit or call the Code Enforcement and Licensing Department at:

Sunny Isles Beach Government Center
18070 Collins Avenue , Floor 3
Sunny Isles Beach, Florida 33160
305.792.1705

Code Enforcement and Licensing Hours:

Monday to Friday: 8:30 a.m. – 4:00 p.m.

Monday to Friday: 4:00 p.m. – 4:30 p.m. by appointment only – call 305.792.1705, contact Claudia at extension 1757.


 



 

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