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Home My WebLink AboutR-86-0146J86-90 8 6- 1 4 6 RESOLUTION N0. A RESOLUTION URGING THE FLORIDA LEGISLATURE TO ADOPT THE ATTACHED AMENDMENT TO SECTION 200.001, FLORIDA STATUTES. WHICH AM.-NDMENT SETS FORTH THE CRITERIA FOR CERTAIN DOWNTOWN DEVELOPMENT AUTHORITIES THAT WILL DETERMINE THE ELIGIBILITY OF SAID AUTHORITIES TO BE CONSIDERED AS INDEPENDENT SPECIAL DISTRICTS WHEREAS, Chapter 65-1090 adopted by the 1965 Florida Legilature which authorized cities like Miami to create and establish a Downtown Developement Authority; and WHEREAS, the City of Miami on November 17, 1965 adopted ordinance 7370 which created the "Downtown Development Authority of the City of Miami"; and WHEREAS, said ordinance provided for the levying of ar. "additional" (emphisis added) ad valorem tax or, all real and personal prperty in the downtown disrict not to exceed .05 mills; a r. d WHEREAS, Article 12, Section 2 of the Constitution of State of Florida as revised in 1968 provides that special district tax millages authoized by municipalities effective prior to the 1968 Cor.titution, may be continued until reduced by law; and WHEREAS, the City of Miami has never reduced the authorization fo this levey; and WHEREAS, legislative language is needed to carry out the intent of Article 12, Section 2 ; and WHEREAS, the City Commission desires to continue the ability to annually levy up to .5 mills to support the operations of the Downtown Development Authority as provided in Section. 14-34 of the Code of the City of Miami regardless of the annual millage levied to support the City's general operation revenues; and WHEREAS, the desigr.atior of the Downtown Development Authority as an "independent special district" of the City of to Section 200.001(8)(e) of the Florida Statutes would enable the City to have and exercise the ability to levy up to .5 mills annually to support the Downtown Development Authority; CITY COWMISSION MEETING OF FEB 19 198B J.6-146 .: . NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. That the Legislature is hereby urged to adopt the attached language as ar amendment to Section 200.001(8)(e) Florida Statutes. to permit the City to levy an ad valorem tax rot to exceed .5 mills on real and personal property within the Downtown Development Authority taxing district as permitted by the 1968 Revised Cor.stitutior of the State of Florida. Sectior, 2. The City Clerk is hereby directed to send a copy of this resolution, to the members of the Dade County Legislative Delegation. PASSED AND ADOPTED this 13th day of February,1986. XAVIER kSU Z M A Y 0 R ATTPST MATTY HIRAI, CITY 'CLERK PREPARED AND APPROVED BY: ROBERT F. CLARK CHIEF DEPUTY CITY ATTORNEY APPROVED S T M AND CORRECTNESS: I LUCIA A. DOUGH RTY CITY ATTORNEY hrh 4 86, 146 1 20 ` Florida House of Representati-ves Tallahassee i lot- Allen Committees Representative. 120th District Ethics &Elections. Chairman Community Affairs Reply to: Natural Resources Post Office Box 4(}34 Ker' West. Florida 33040 (365) 294.3902 207 House Office Building Tallahassee. Florida 32301 (904) 489.9965 March 10, 1986 Ms. Matty Hirai City Clerk City of Miami Post Office Box 330708 Miami, Florida 33233-0708 Dear Ms. Hirai: I would like to acknowledge receipt of Resolution No. 86-146, passed and adopted by the Miami City Commission. Please be assured that this resolution will be placed in my legislative file and taken into consideration during the 1986 legislative session. Please feel free to contact me if there is anything further which I can do. With kind regards, I remain, JAI daj I 91843• 140 j C. e CITY OF MIAMI, FLORIDA 91 INTER -OFFICE MEMORANDUM i TO;Honorable Mayor and Members of the City Commission FROM, Cesar H. Odi o City Manager DATE: February 5, 1986 RILE: SUe.JECT: Discussion Item Urging the State Legislature to Adopt a law that would Remove the DDA from the City's 10 Mill Cap REFERENCES: ENCLOSURES: In 1965 the State Legislature adopted Chapter 65-1090, Laws of Florida which authorized the City of Miami to create the Downtown Development Authority(DDA). Article XII, Section 2 of the 1968 Revised Florida Constitution provides that property tax millages authorized in special districts that were in affect on the date that the Constitution became effective may be continued until reduced by law. The City's DDA tax millage authority was in effect prior to the 1968 changes to the Constitution and have not been reduced by law. The 1982 Legislature passed a law defining Independent Districts that had the effect of denying the City of Miami the benefit of this Constitutional provision. The attached legislative Language was developed by the City Attorney and sent to the Department of Revenue's (DOR) General Counsel, William Townsend, for review. The DOR will will provide technical assistance in moving this issue through the Legislature. The DOR has assured us that the adoption of this language will permit the DOR to allow the City of Miami to separate the DDA's millage from the City's millage that will give the DDA the funding resources it needs to continue to promote and guide the future development of the of the downtown district. The City Commission will continue to approve the DDA's budget and to make appointments to the DDA Board of Directors as now provided by law. Attached is a resolution urging the Florida Legislature to adopt an amendment to section 200.001 (8)(e) of the Florida Statutes that would permit the .5 mill authority for the Downtown Authority to be excluded from the City's 10 mill cap. �� •146 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO. Honorable Mayor and Members of the City Commission FROM, Cesar H. Odl o City Manager DATE, February 5, 1986 FILE: 91 SUB.)ECT: Discussion Item Urging the State Legislature to Adopt a law that would Remove the DDA from the City's 10 Mill Cap REFERENCES: ENCLOSURES: In 1965 the State Legislature adopted Chapter 65-1090, Laws of Florida which authorized the City of Miami to create the Downtown Development Authority(DDA) . Article XII, Section 2 of the 1968 Revised Florida Constitution provides that property tax millages authorized in special districts that were in affect on the date that the Constitution became effective may be continued until reduced by law. The City's DDA tax millage authority was in effect prior to the 1968 changes to the Constitution and have not been reduced by law. The 1982 Legislature passed a law defining Independent Districts that had the effect of denying the City of Miami the benefit of this Constitutional provision. The attached legislative Language was developed by the City Attorney and sent to the Department of Revenue's (DOR) General Counsel, William Townsend, for review. The DOR will will provide technical assistance in moving this issue through the Legislature. The DOR has assured us that the adoption of this language will permit the DOR to allow the City of Miami to separate the DDA's millage from the City's millage that will give the DDA the funding resources it needs to continue to promote and guide the future development of the of the downtown district. The City Commission will continue to approve the DDA's budget and to make appointments to the DDA Board of Directors as now provided by law. Attached is a resolution urging the Florida Legislature to adopt an amendment to section 200.001 (8)(e) of the Florida Statutes that would permit the .5 mill authority for the Downtown Authority to be excluded from the City's 10 mill cap. 200.001 Millages; definitions and general provisions. 8(e) "Independent special district" means a special district the governing head of which is an independent body, either appointed or elected, and the budget of which is established independently of the local governing authority, even though there may be appropriation of funds generally available to a local governing authority involved. A downtown development authority established prior to the effective date of the 1968 State Constitution as an n e en ent body, e ther appointed or elected, but whose budget ma or may not be approved b the local overn n authority, shall be considered, for the purposes of this section, an independent s ecial district, so long as it levies a millage authorized as of the date the 1968 State Constitution became a fective. Independent special district millage shall not be levied in excess of a millage amount authorized by general law and approved by vote of the electors pursuant to s. 9(b), Art. VII of the State Constitution, except for those independent special districts levying millage for water management purposes as provided in that section. However, independent special district millage authorized as of the date the 1968 State Constitution became effective need not be so approved, pursuant to s. 2, Art XII of the State Constitution." RNS2/la/B13 2 86-146 a 4 'tea. ~o c, o LJ February 26, 1986 The Honorable Roberta Fox 7700 No. Kendall Drive #612 Miami, Florida 33156 RE: DOWNTOWN DEVELOPMENT AUTHORITY Dear Ms. Fox: Enclosed herein please find a copy of Resolution No. 86-146, passed and adopted by the City of Miami Commission at its meeting held on February 13, 1986, which is self explanatory. On behalf of the City of Miami, thank you for your attention. ,, y truly yours, a �y�H�irai� City Clerk MH:sl ENC: a/s AZt1'V (Att4 .0cc4-'01 .o�,,,t Xo- 2az4. R-1 db !/title/first/middle/last /address /city,/state/zip /regards /greeting /blank /day !/The Honorable/Roberta//Fox /7700 No. Kendall Drive #612 /Miami,/Florida/33156 /DOWNTOWN DEVELOPMENT AUTHORITY /Ms. /86-146 /February 13, 1986 !/The Honorable/Joseph/M./Gersten /1050 Spring Garden Road /Miami,/Florida/33136 /DOWNTOWN DEVELOPMENT AUTHORITY /Mr. /86-146 /February 13, 1986 !/The Honorable/Jack/D./Gordon /2555 Collins Avenue, #405 /Miami,/Florida/33140 /DOWNTOWN DEVELOPMENT AUTHORITY /Mr. /86--146 /February 13, 1986 !/The Honorable/John/A./Hill /1140 W. 50th Street, Ste. 202 /Hialeah,/Florida/33012 /DOWNTOWN DEVELOPMENT AUTHORITY /Mr. /86--146 /February 13, 1986 !/The Honorable/Gwen//Margolis /1891 N.E. 164th Street /N. Miami Beach,/Florida/33162 /DOWNTOWN DEVELOPMENT AUTHORITY /Ms. /86-146 /February 13, 1986 !/The Honorable/Carrie/P./Meek /149 W. Plaza 236 Northside Shopping Center /Miami,/Florida/33147 /DOWNTOWN DEVELOPMENT AUTHORITY / M s . �Y a j ! 1' -- /86--146 W 9( - l q(tv /February 13, 19 !/The Honorabl awrence/H./Plummer /6001 S.W. 40 : eet /South Miami,/Florida/33155 /DOWNTOWN DEVELOPMENT AUTHORITY /Mr. /86-146 /February 13, 1986 !/The Honorable/Michael//Abrams /1820 N.E. 163rd Street, #301 /North Miami Beach,/Florida/33162 /DOWNTOWN DEVELOPMENT AUTHORITY /Mr. /86-146 /February 13, 1986 !/The Honorable/Joe//Allen /P.O. Box 4044 /Key West,/Florida/33041-4044 /DOWNTOWN DEVELOPMENT AUTHORITY /Mr. /86-146 /February 13, 1986 !/The Honorable/James//Burke /710 N.W. 62nd Street /Miami,/Florida/33150 /DOWNTOWN DEVELOPMENT AUTHORITY /Mr. /86-146 /February 13, 1986 !/The Honorable/Roberto//Casas /2900 W. 12th Avenue, Ste 23 /Hialeah,/Florida/33012 /DOWNTOWN DEVELOPMENT AUTHORITY /Mr. /86-146 /February 13, 1986 !/The Honorable/Michael//Friedman /1666 79th St. Causeway, Ste. 406 /North Bay Village,/Florida/33141 /DOWNTOWN DEVELOPMENT AUTHORITY /Mr. /86-146 /February 13, 1986 !/The Honorable/Tom//Gallagher /P.O. Box G /Coconut Grove,/Florida/33133 /DOWNTOWN DEVELOPMENT AUTHORITY = /Mr. /86-146 .- /February 13, 1986 !/The Honorable/Elaine//Gordon 112100 N.E. 16th Avenue gt(„- /North Miami,/Florida/33161 /DOWNTOWN DEVELOPMENT AUTHORITY /Ms. /86-146 /February 13, 1986 !/The Honorable/Lawrence/R./Hawkins /P.O. Box 570310 r /Perrine, /Florida/33157 /DOWNTOWN DEVELOPMENT AUTHORITY -- /Mr. —_ /86-146 •A . FG --iyV /February 1j, 1yuo !/The HonorabloBarry//Kutun i /174 East Flag r Street, #803 /Miami,/Florida/33131 /DOWNTOWN DEVELOPMENT AUTHORITY /Mr. /86-146 /February 13, 1986 !/The Honorable/Dexter/W./Lehtinen /11880 S.W. 185 Street /Perrine,/Florida/33177 /DOWNTOWN DEVELOPMENT AUTHORITY /Mr. /86-146 /February 13, 1986 !/The Honorable/Willie/F./Logan /1825 N.W. 167th Street, #111 /Opa-Locka,/Florida/33056 /DOWNTOWN DEVELOPMENT AUTHORITY /Mr. /86-146 /February 13, 1986 !/The Honorable/Elizabeth/L./Metcalf 1201 Sevilla Avenue /Coral Gables,/Florida/33134 /DOWNTOWN DEVELOPMENT AUTHORITY /Ms. /86-146 /February 13, 1986 !/The Honorable/Jefferson//Reaves, Sr. /2741 N.W. 49th Street /Miami,/Florida/33150 /DOWNTOWN DEVELOPMENT AUTHORITY /Mr. /86-146 /February 13, 1986 !/The Honorable/Ileana//Ros /8421 N.W. 56th Street /Miami,/Florida/33166 /DOWNTOWN DEVELOPMENT AUTHORITY /Ms. /86-146 /February 13, 1986 !/The Honorable/Ronald/A./Silver /2750 N.E. 187 Street /North Miami Beach,/Florida/33180 /DOWNTOWN DEVELOPMENT AUTHORITY /Mr. /86-146 /February 13, 1986 !/The Honorable/Art//Simon /13500 N. Kendall Dr., Ste 220 /Miami /Florida/33186 /DOWNTOWN DEVELOPMENT AUTHORITY /Mr. /86-146 /February 13, 1986 !/The Honorable/Luis//Morse /807 S.W. 25 Avenue #302 /Miami,/Florida/33135 � /DOWNTOWN DEVELOPMENT AUTHORITY /Mr. -_ /86-146 y a ireeruary i.), iyou ( !/The Honorab* Javier//Souto /953 S.W. 87ti venue /Miami,/Florida/33144 /DOWNTOWN DEVELOPMENT AUTHORITY /Mr. /86-146 /February 13, 1986 !/The Honorable/Alberto//Gutman /324 "A" S.W. 12th Avenue /Miami,/Florida/33130 /DOWNTOWN DEVELOPMENT AUTHORITY /Mr. /86-146 /February 13, 1986 !/The Honorable/Anhilda//Gonzalez-Ruevedo /6800 S.W. 18th Street /Miami,/Florida/33155 /DOWNTOWN DEVELOPMENT AUTHORITY /Ms. /86-146 /February 13, 1986 !/The Honorable/Rodolfo//Garcia, Jr. /1665 W. 68 Street, Ste. 207 /Hialeah,/Florida/33012 /DOWNTOWN DEVELOPMENT AUTHORITY /Mr. /86-146 /February 13, 1986 0 S6- iq�