HomeMy WebLinkAboutR-18-0072City of Miami
Resolution R-18-0072
Legislation
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.
SPONSOR(S): Commissioner Manolo Reyes
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,
City of Miami Page 1 of 3 File ID: 3664 (Revision:) Printed On: 3/28/2025
File ID: 3664 Enactment Number: R-18-0072
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.
City of Miami Page 2 of 3 File ID: 3664 (Revision:) Printed on: 3/28/2025
File ID: 3664 Enactment Number: R-18-0072
Section 5. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.'
APPROVED AS TO FORM AND CORRECTNESS:
ndez, ity ttor ey 2/12/2018
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.
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