HomeMy WebLinkAboutR-01-1103J-01.-899
10/11001
RESOLUTION NO,
A RESOLUTION OF THE MIAMI CITY COMMISSION
URGING THE FLORIDA LEGISLATURE TO REAF'F'IRM
ITS INTENT TO ESTABLISH A GENERAL LAW
ALLOWING MUNICIPALITIES DECLARED TO BE IN A
STATE OF FINANCIAL EMERGENCY TOGETHER WITH
CERTAIN OTHER CRITERIA TO IMPOSE A PARKING
SURCHARGE BY ELIMINATING A RESTRICTION
IDENTIFIED 13Y THE THIRD DISTRICT COURT OF
APPEAL; FURTHER DIRECTING THE CITY CLERK TO
TRANSMIT A COPY OF THIS RESOLUTION TO THE
HEREIN NAMED OF'FI'CIALS.
WHEREAS, the Governor declared a state of financial.
emergency in the City of Miami. pursuant to §218.50 Fla. Star., in
1.996; and
WHEREAS, the .Legislature-: subsequently enacted §218.503 Fla.
Stat., a general law of the State of Florida, to allow
municipalities that have been declared in a state of financial
emergency and show a resident population of more than 300,000 by
April 1, 1.999, to impose a parking surcharge; and
WHEREAS, notwithstanding the Legislative action in enacting
a general law and the City of. Miami's position that the
enactment of §21.8.503 was an authorized general law of the State
of Florida, the Third District Court of Appeal ruled in
rdriv cowasSi010
MrmT1NG OF,
litluol»I1n» Na•
J
June 2001. that the language related to the date "April 1, 1999,"
regarding the parking surcharge is noir structured as a general
law as the Florida Cori stitLition which requires that any
cion -ad valorem assessment imposed by a municipality be
authorized by general law, and
WHEREAS, U.S. Census data cites the City of Miami resident
population as more than 400,000 even though City of Miami
service data suggests the City's workday population swells to
approximately 800,000; and
WHEREAS, because the City of Miami is the location of inany
governmental centers, more than $4.2 Billion of the commercial
property in the Ci.Uy is exempt from ad valorem taxation and
these properties do noL contribute any payment in lieu of taxers
(P.I.L.O.T.) but: all. require :;iLy services; and
WHERLAS, similar to other cities that are centers of
governmental functions, many of the persons employed in federal,
state, or county buildings in the City of Miami are noL
residents of the City of Miami; and
WHEREAS, U.S. Census data indicates that the resident:
population of the City of: Miami is among the poorest in the
nation and, is least able to shoulder the burden of a
noncontributing workday population; and
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WHEREAS, the Florida Legislature intended to enact a
general law to assist municipalities declared to be in a state
of financial emergency; and
WHEREAS, the surcharge collected in the City of Miami
enhances the ability of the City of Miami to recover from the
declared financial emergency; and
WHEREAS, the State sales tax imposed on the parking
surcharge generates approximately $1 Million for the State of.
Florida;
NOW, THEREFORE, r3E I RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, F LORI- ISA;
Section 1. The recitals and findings contained in the
Preamble to this Resolution a 17 adopted by reference and
incorporated as if fully set forth in this Section.
Section 2. The Florida Legislature is urged to reaffirm
its intent to establish a general law allowing municipalities
declared to be in a state of financial emergency together with
certain other criteria to impose a parking surcharge by
eliminating a restr.icLion identified by the Third District Court.
of Appeal.
Section 3. The City Clerk is directed to transmit a
copy this Resolution to Governor Jeb Bush, Lieutenant Governor
Prank T. Brogan, President of. the Florida Senate John M. McKay,
Wage 3 of. 4 .�
(I '� �'
Speaker of the Florida House of Representatives Tom Feeney, and
all members of the Miami -Dade: County Legislative Delegation.
Section 4. This Resolution shall become effective
immediately upon its adoption and signature of. the Mayor..!'
PASSED AND ADOPTED this Lith day of October , 2001.
APPROVE TQfIU�D CORRECTNESS:
F%0W1ILARELL0
ATTORNEY
W5727:MW:MJC:BSS
�i If the Mayor does riot. sign: this tiesoiution, it shall become effective
at the end of ton calendar days from the date it was passed and
adopted. If the Mayor vetoes this Resolution, it shall becorre
effective immediaLrly upon override of t:je vra.o by the City Comsrissi.on
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