HomeMy WebLinkAboutR-15-0455City of Miami
Legislation
Resolution: R-15-0455
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 15-01038a Final Action Date: 10/8/2015
A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE FLORIDA
LEGISLATURE TO AMEND CHAPTER 163, FLORIDA STATUTES, TO
ENCOURAGE AND PROVIDE A CLEARER FRAMEWORK FOR THE IMPOSITION
OF IMPACT FEES FOR TRANSPORTATION PURPOSES, INCLUDING THE
FUNDING OF MASS TRANSIT, BY ADDING TRANSPORTATION AS ONE OF THE
ALLOWABLE EXPENDITURE CATEGORIES FOR IMPACT FEES; DIRECTING THE
CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE MEMBERS
OF THE FLORIDA LEGISLATURE.
WHEREAS, Section 163.3180, Florida Statutes, allows for local governments that do not use a
concurrency methodology to impose a mobility fee on new development consistent with the dual
rational nexus test applicable to impact fees; and
WHEREAS, with the exception of the Interlocal Agreement between the City of Miami ("City"), the
School Board of Miami -Dade County and Miami -Dade County, adopted on December 13, 2007
pursuant to Resolution 07-0717, and that relates to public school capacity, the City does not impose
concurrency requirements, but instead funds necessary capital improvement attributable to new
development by impact fees; and
WHEREAS, the imposition of impact fees is authorized pursuant to the Florida Constitution,
Article VII, Sections 1(f), 1(g) and 2(b), the Municipal Home Rule Powers Act, Chapter 166, Florida
Statutes, as amended, the City of Miami Charter, and the Local Government Comprehensive
Planning and Land Development Regulation Act, Section 163.3161, Florida Statutes, et seq., as
amended; and
WHEREAS, the City urges the Florida Legislature to make changes to Chapter 163, Florida
Statutes, to encourage and provide a clearer framework for the imposition of impact fees for
transportation purposes, including the funding of mass transit;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings set forth in the Preamble to this Resolution are hereby
adopted by reference thereto and incorporated herein as if fully set forth in this Section.
Section 2. The City Commission hereby urges the Florida Legislature to amend Chapter 163,
Florida Statutes, to encourage and provide a clearer framework for the imposition of impact fees for
transportation purposes, including the funding of mass transit, by adding transportation as one of the
allowable expenditure categories for impact fees.
Section 3. The City Commission hereby directs the City Clerk to transmit a copy of this resolution
to the members of the Florida Legislature.
City of Miami
Page 1 of 2 File Id: 15-01038a (Version: 1) Printed On: 3/29/2018
File Number: 15-01038a Enactment Number: R-15-0455
Section 4. The Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
Footnotes:
{1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10)
calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall
become effective immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 File Id: 15-01038a (Version: 1) Printed On: 3/29/2018