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HomeMy WebLinkAboutR-79-0362RFC/rb 5/16/79 "SUPPORTIVE FOLLOW" RESOLUTION NO. 9 362 A RESOLUTION STRONGLY URGING THE FLORIDA LEGISLATURE TO ADOPT THE PROVISIONS OF EITHER CSHB 703, 1081 AND 1126 OR SENATE BILL 1078 SINCE BOTH SUCH BILLS WOULD REPEAL THE. REQUIREMENT THAT LOCAL GOVERNMENTS PAY THE STATE 4% SALES TAX ON MATERIALS USED IN PUBLIC WORKS PROJECTS AND FURTHER DIRECTING THE CITY CLERK TO F0IUARD COPIES OP THE HEREIN RESOLUTION TO PROPER STATE_'. OFFICIALS. the Florida Legislature current by the Honorable Thomas McPherson, a Member in; e, WHEREAS, House Bill. No. 703 was introduced for its consideration; during t session of the Florida House. of Representatives and is now combined wi th other pending designation CSHB 703, 1081; requirement on tnateriaiS used in public WHEREAS, the said process by the contractor tc actually used t state 47 sales inthepublic project and: provides ties for fraudulent exemptions. and from Ft. auder dale WHEREAS, the provisions of the above bill, which bills' and which bears the and .1126', effectively repeal that local governments pay the works projects; and bill provides for tax a certification ensure that, such materials were severe penal - WHEREAS, the law currently requires _tlo cal governments con - pay the state.4% sales tax on materials purchasedby the tractor in public construction projects; and WHEREAS,this tax is included - thee project with , to cover thereby o pay o' the Finance Fiscal the cities often `issuing resulting in the cities the state sales tax d WHEREAS, the and Taxation in the b onds total ""cos t f such costs, having to borrow funds in order "DOCUMENT It EX. 'an rrh�N0.r said bill hasalrea�y been re erred Committee and to local and state Impact Subcommittees; and WHEREAS,' a Florida' Senate similar bill (SB 1078) has been y the Honorable George introduced Stuart, Jr., a CITY COMMISSION MEETING OF MAY 2 2 1979 iroun� "= 9_"„ 3 6 enator from Orlando, and was last reported as still being in the Senate Ways and Means Committee; and WHEREAS, tile current illogical and inequitable governmental all municipalities requirement of tax-exampt governmental bodies paying taxes deprives Miami citizens and citizens' the benefits of cost savings on all Projected public "construc- tion projects which literally amount NOW, THEREFORE, BE. IT RESOLVED BY THE COMMISSION OF THE.CITY OF MIAMI, FLORIDA: Section strongly urged to adopt the Committee Bill (CSHB 703, 1081 and, 1126) which repeals the requirement" that local governments pay the state 4% sales taxon materials used in public works projects. to millions of dollars; The Florida. House of Representatives Section 2. The ; Florida Senate ,is; hereby o adopt Senate Bill 1078 which repeals the, requirement that strongly urged local governments pay the state 4% sales tax on materials used • n public works projects. section 3. The Florida Legislature i's.hereby urged o adopt the provisions of either CSHB 703, 1081 and 1126 or SB 1078 i i.171 since both such bills local governments ; pay the state in public works projects. would repeal the requirement that 4% sales ':tax on materials use ection 4. The City Clerk is hereby directed t orward copies of the herein; delegation of Dade County, Florida,` the Senate, the Speaker of the Florida" House to the Governor of the State of Florida., ATTESTt RALP esolution :o the legislative President of the Florida of Representatives and PASSED AND ADOPTED this. 22 day ; of May , 1979. . Maurice A. Ferre MAYOR GIE, CITY CLERK 79 - 362 Ipresent for your consideration the enclosed resolution which demonstrates the unanimous support of the Miami City Commission for the passage of CSHB 703, HB 1081, HB 1126, or SB 1078 which repeals the State 4% sales tax on materials purchased for Public Construction Projects. Most of the funds used to pay this sales tax comes from ad valorem taxes paid by property owners and represents an unfair burden on a relatively small segment of the tax base. Please, do whatever you can to bring this issue out of Committee and on the fromfloor beinfor 9 Passedvote onin t orer to make it property owners withinl e to remove this 4% the St to of Florida. tax Your support in passing legislation to exempt governmental projects from the 4% State Sales Tax will be greatly appreciated. In the event that the bill does not come out of Committee and it can be amended to a similar bill, your support for such an amendment would also be appreciated. Sincerely, Clark Merr 11 Assistant to the City Manager BC: City Manager Dick Fosmoen, ACM Vince Grimm, ACM Rick Sisser, Legislation Liaison Ray Sittig, Florida League of Cities Ralph Ongie, City Clerk "SUPPORTIVE DOCUME N h.S FOLLOW" OFFICE OF THE CITY MANAGER 3500 Pan American. Drive/Miami, Florida 33133/(305)579-6040`` MAILGRAM SERVICIIENTER MIDDLETOWN, VA. s2645 LI.ILJ at Ai western union ivialigram 40065479E143002 05/23/79 ICS IPMMTZZ CSP MIAS 1 3055796080 MGM 1)MT MIAMI FL 05023 063IP EST CITY OF MIAMI OFFICE OF INTERGOVERNMENTAL AFFAIRS C MERRILL 3500 PAN AMERICAN DR MIAMI FL 33133 THIS MAILGRAM IS A CONFIRMATION COPY OF THE FOLLOWING MESSAGES 3055796138S MGM TDMT MIAMI FL. 100 05023 0631p EST ZIP REPRESENTATIVE STEVE PAJCIC CHAIRMAN FINANCE AND TAXATION COMMITTEE ROOM 204 HOUSE OFFICE BLDG TALLAHASSEE FL 52304 THE MIAMI COMMISSION BY RESULUTION UNAMIOUSLY URGES THE LEGISLATURE TO PASS CSHB 703 OR SIMILAR BILL THAT EXEMPTS THE MUNICIPALITIES FROM THE FOUR PERCENT SALES TAX ON PUBLIC CONSTRUCTION MATERIAL. MIAMI ANTICIPATES SPENDING SEVENTY MILLION DOLLARS ON FUTURE PUBLIC CONSTRUCTION. THIRTY FIVE MILLION DOLLARS FOR MATERIAL REQUIRES TME STATE SALES TAX OF 1,4 MILLION DOLLARS. THE CITY MUST PAY 20 MILLION DOLLARS OR MORE IN BOND PAYMENTS FOR A STATE. SALES TAX THAT IS PASSED ON TO PROPERTY TAX PAYERS. REMOVING THIS TAX ON LOCAL GOVERNMENT WOULD PROVIDE A DOUBLE VALUE TAX RELIEF TO LOCAL PROPERTY TAXPAYERS, CC REPRESENTATIVE GWEN MARGOLIS CLARK MERRILL OFFICE UF THE CITY MANAGER MIAMI FLORIDA 18131 EST MGMCOMP MGM COPY SENT TO GWEN MARGOLIS, CHAIRMAN OF THE DADE DELEGATION TO REPLY BY MAILGRAM, SEE REVERSE SIDE FOR WESTERN UNIONS TOLL - FREE PHONE NUMBERS RFC/rb 5/16/79 RESOLUTION NO. 7 9- 3 6 2 A•RESOLUTION STRONGLY URGING THE FLORIDA LEGISLATURE TO ADOPT THE PROVISIONS OF EITHER CSHB 703, 1081 AND 1126 OR SENATE BILL 1078 SINCE BOTH SUCH BILLS WOULD REPEAL THE REQUIREMENT THAT LOCAL GOVERNMENTS PAY 'THE -STATE 4% SALES TAX ON MATERIALS USED IN PUBLIC WORKS PROJECTS AND FURTHER DIRECTING THE CITY CLERK TO FORWARD COPIES OF THE HEREIN RESOLUTION TO PROPER STATE OFFICIALS.- WHEREAS, House Bill No. 703 was introduced in the Florida Legislature for its consideration during the current session by the Honorable. Thomas McPherson, a Member of the Florida House of Representatives from Ft. Lauderdale; and;; WHEREAS, the provisions of the above bill Which s now combined with other pending bills and which bears the Iesignation CSHB 703, 1081 and 1126, effectively repeal the requirement that local governments flan the state 4% sales tax n materials used in public works .projects;; and WHEREAS, the said bill provides for a certification process by the contractor to ensure that such materialswere actually used in the public project and provides severe penal- ties for fraudulent exemptions; and WHEREAS, the law Currently requires local governments to pay the state 4% sales tax on materials purchased by the. con- tractor public _ construction =�r. -„riontc and i WHEREAS, this tax is included in the total cost of the project with cities often issuing bonds to cover such costs, thereby resulting in the cities having to borrow funds in order to pay the state sales tax; and WHEREAS, the said bill has °already been referred to the Finance and Taxation Committee and to local and state 4 Fiscal Impact Subcommittees; and WHEREAS, a -similar bill (SB n the Florida Senate by 1078) has been introduced the Honorable George Stuart, Jr., a CITY COMMISSION MEETING OF MAY2 2 1979 the Senate Ways and Means Committee; and requirement of tax-exampt governmental bodies paying governmental taxes deprives Miami citizens and citizens of all municipalities the benefits of cos t savings on all projected public construe- tion projects which literally amount to trillions "of "dollars;. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION:` OF THE CITY OF MIAMI, FLORIDA Section`1.; The Florida House of Representatives strongly"urged to adopt is the CommitteeB4ill(CS,HB: 703,E 1081 a`nd 1126) which repeals the requirement that local the. state 4% sales Section governments tax on materials used in public works P aY projects. The Florida Senate Is hereby strongly` -urged to adopt Senate Bill. 1078 which repea"ls':.the requirement local governments pay the state 4%-sales tax -on material to public works projects. Section 3. The Florida Legislature that s used hereby urged adopt the:. provisions of either .CSHB-"703,,1081 and 1126 or-.. SB 1078 since both such bills would repeal the requirement that local governments .pay: the state 4% .sales .public works.projects.` tax on "materials us,ed� Section 4. The City Clerk is hereby forward copies of the. herein Resolution directed to the legislative. delegation of Dade County, Florida, the President of the :Florida Senate, the Speaker of"the Florida House of Representati-ves and the Governor ofthe"> State of . Florida. PASSED AND ADOPTED this . 22 day of May , 1979. Maurice A. Ferre ATTEST: RALPH:G. ONGIE,CITY CLERK MAY O R. 79-362 ROBERT F. CLARK ASSISTANT CITY ATTORNEY APPROVE!.. TO FORM AND CORRECTNESS: • 79-362 • • RALPH G. ONGIE, Clerk`of the City of Miami, Florida do hereby certify that the attached and foregoing pages numbered 1 through _, inclusive, contain a true and correct copy of a resolution adopted.by the Commission of said City at a meeting held on the 22nd day of MaY , 197 9 SAID RESOLUTION WAS DESIGNATED RESOLUTION No.79-362. WITNESS MY HAND and the. Official 1 , r • • .• , • ..';.....']•C. ,,Q1EB• IC ;' : � G r At. r Seal of the City of Miami, Florida, RALPH G. ONGIE City Clerk Miami, Florida • MOT. 79-363 - RFC/bbb S/22/79 FLORIDA: RESOLUTION NO. A RESOLUTION INSTRUCTING THE CITY ATTORNEY TO PROCEED IMMEDIATELY WITH LEGAL PROCEEDINGS REQUESTING THAT THE CITY OF MIAMI RETAIN ITS AUTHORITY TO REGULATE THE TAXICAB INDUSTRY WITHIN THE CITY OF MIAMI, FLORIDA. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,.': Section 1. The City Attorneyhereby is instructed to proceed immediately with legal proceedings requesting that the City of Miami retain its authority to regulate the taxicab industry within the City of Miami, Florida. PASSED AND ADOPTED THIS 22nd day of May, 1979. MAURICE A. FERRE MAYOR ATTEST: RALPHG.'ONGIE, CITY CLERK PREPARED AND APPROVED BY: GY2N�ee/tr711 ROBERT F. CLARK ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: `6 0 JR., CITY AT PREPARED AND APPROVED BY: ROBERT;F. CLARK'.. ASSISTANT CITY ATTORNEY APPROVE TO FORM AND CORRECTNESS: GEORGE F 4 NOX, R. CITY AT EY 79-362