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Home My WebLink AboutAgenda Item Cover PageAGENDA ITEM COVER PAGE File ID: #3664 Resolution Sponsored by: Commissioner Manolo Reyes A RESOLUTION OF THE MIAMI CITY COMMISSION URGING GOVERNOR RICK SCOTT AND THE MEMBERS OF THE FLORIDA LEGISLATURE TO ENACT LEGISLATION THAT WOULD AMEND: (1) CHAPTER 201, SECTION 201.031, FLORIDA STATUTES, ENTITLED "EXCISE TAX ON DOCUMENTS/DISCRETIONARY SURTAX; ADMINISTRATION AND COLLECTION; HOUSING ASSISTANCE LOAN TRUST FUND; REPORTING REQUIREMENTS," TO CREATE A MUNICIPAL DISCRETIONARY SURTAX PROGRAM; (2) CHAPTER 166, FLORIDA STATUTES, KNOWN AS THE "MUNICIPAL HOME RULE POWERS ACT," TO AUTHORIZE MUNICIPALITIES TO LEVY A DISCRETIONARY SURTAX ON DOCUMENTS FOR THE PURPOSES OF ESTABLISHING AND FINANCING A HOUSING ASSISTANCE LOAN TRUST TO ASSIST IN THE FINANCING, CONSTRUCTION, REHABILITATION, OR PURCHASING OF HOUSING FOR LOW-INCOME AND MODERATE -INCOME FAMILIES; AND (3) CHAPTER 125.0167, FLORIDA STATUTES, ENTITLED "DISCRETIONARY SURTAX ON DOCUMENTS; ADOPTION; APPLICATION OF REVENUE," TO ACCOMMODATE THE MUNICIPAL DISCRETIONARY SURTAX PROGRAM WITHIN EACH COUNTY OF THE STATE; FURTHER DIRECTING THE CITY MANAGER TO MAKE THIS A STATE LEGISLATIVE PRIORITY FOR THE CITY OF MIAMI DURING THE 2018 LEGISLATIVE SESSION; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO GOVERNOR RICK SCOTT AND THE MEMBERS OF THE FLORIDA LEGISLATURE. City of Miami Legislation Resolution Enactment Number: R-18-0072 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 3664 Final Action Date:2/22/2018 A RESOLUTION OF THE MIAMI CITY COMMISSION URGING GOVERNOR RICK SCOTT AND THE MEMBERS OF THE FLORIDA LEGISLATURE TO ENACT LEGISLATION THAT WOULD AMEND: (1) CHAPTER 201, SECTION 201.031, FLORIDA STATUTES, ENTITLED "EXCISE TAX ON DOCUMENTS/DISCRETIONARY SURTAX; ADMINISTRATION AND COLLECTION; HOUSING ASSISTANCE LOAN TRUST FUND; REPORTING REQUIREMENTS," TO CREATE A MUNICIPAL DISCRETIONARY SURTAX PROGRAM; (2) CHAPTER 166, FLORIDA STATUTES, KNOWN AS THE "MUNICIPAL HOME RULE POWERS ACT," TO AUTHORIZE MUNICIPALITIES TO LEVY A DISCRETIONARY SURTAX ON DOCUMENTS FOR THE PURPOSES OF ESTABLISHING AND FINANCING A HOUSING ASSISTANCE LOAN TRUST TO ASSIST IN THE FINANCING, CONSTRUCTION, REHABILITATION, OR PURCHASING OF HOUSING FOR LOW-INCOME AND MODERATE -INCOME FAMILIES; AND (3) CHAPTER 125.0167, FLORIDA STATUTES, ENTITLED "DISCRETIONARY SURTAX ON DOCUMENTS; ADOPTION; APPLICATION OF REVENUE," TO ACCOMMODATE THE MUNICIPAL DISCRETIONARY SURTAX PROGRAM WITHIN EACH COUNTY OF THE STATE; FURTHER DIRECTING THE CITY MANAGER TO MAKE THIS A STATE LEGISLATIVE PRIORITY FOR THE CITY OF MIAMI DURING THE 2018 LEGISLATIVE SESSION; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO GOVERNOR RICK SCOTT AND THE MEMBERS OF THE FLORIDA LEGISLATURE. WHEREAS, currently Chapter 20, Section 201.031, Florida Statutes, entitled "Excise Tax on Documents/Discretionary surtax; administration and collection; Housing Assistance Loan Trust Fund; reporting requirements," provides that each county operating under a home rule charter in the State of Florida ("State") "may levy, subject to the provisions of {Section} 125.067, a discretionary surtax on documents taxable under the provisions of {Section} 201.02" in connection with the adoption and implementation of such county's affordable housing element of its required comprehensive land use plan under Chapter 163, Section 163.3177(6)(f), Florida Statutes; and WHEREAS, similarly, each municipality as a local government in the State is required by Chapter 163, Section 163.3177(6)(f), Florida Statutes, entitled "Intergovernmental Programs/Required and optional elements of comprehensive plan; studies and surveys," to have a housing element consisting of principles, guidelines, standards, and strategies to be followed in (a) the provision of housing for all current and anticipated future residents of the jurisdiction; (b) the elimination of substandard dwelling conditions; (c) structural and aesthetic improvement of existing housing; (d) provision of adequate sites for future workforce, low- income, very low-income, and moderate income families, as well as group home facilities, foster care facilities, and facilities for elderly residents; (e) housing relocations, conservation, rehabilitation, and replacement; (f) housing implementation programs; and (g) creation or preservation of affordable housing to minimize the need for additional local services and to avoid concentration of affordable housing units only to specific areas of the jurisdiction; and WHEREAS, as indicated above, many municipal areas of the State, and particularly the City of Miami ("City"), have severe shortages of workforce housing and all levels of affordable housing which would benefit from dedicated revenues to implement those housing element goals and strategies of the comprehensive plan through the amendments of: (1) Chapter 201, Section 201.031, Florida Statutes, entitled "Excise Tax on Documents/Discretionary surtax; administration and collection; Housing Assistance Loan Trust Fund; reporting requirements," to create a municipal discretionary surtax program; (2) Chapter 166, Florida Statutes, known as the "Municipal Home Rule Powers Act," to authorize municipalities to levy a discretionary surtax on documents for the purposes of establishing and financing a Housing Assistance Loan Trust to assist in the financing, construction, rehabilitation, or purchasing of housing for low-income and moderate -income families; and (3) Chapter 125.0167, Florida Statutes, entitled "Discretionary surtax on documents; adoption; application of revenue," to accommodate the municipal discretionary surtax program within each county; and WHEREAS, the City Commission urges Governor Rick Scott and the Florida Legislature to enact legislation that would create the municipal discretionary surtax program in order to assist with and alleviate the severe workforce and affordable housing shortages around the State; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section Section 2. The City Commission urges Governor Rick Scott and the members of the Florida Legislature to enact legislation that would amend: (1) Chapter 201, Section 201.031, Florida Statutes, entitled "Excise Tax on Documents/Discretionary surtax; administration and collection; Housing Assistance Loan Trust Fund; reporting requirements," to create a municipal discretionary surtax program; (2) Chapter 166, Florida Statutes, known as the "Municipal Home Rule Powers Act" to authorize municipalities to levy a discretionary surtax on documents for the purposes of establishing and financing a Housing Assistance Loan Trust to assist in the financing, construction, rehabilitation, or purchasing of housing for low-income and moderate - income families; and (3) Chapter 125.0167, Florida Statutes, entitled "Discretionary surtax on documents; adoption; application of revenue," to accommodate the municipal discretionary surtax program within each county of the State. Section 3. The City Manager is hereby directed to make this a State Legislative Priority for the City during the 2018 Legislative Session. Section 4. The City Clerk is directed to transmit a certified copy of this Resolution Governor Rick Scott and the members of the Florida Legislature. Section 5. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.' 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. APPROVED AS TO FORM AND CORRECTNESS: