Miami-Dade Legislative Item
File Number: 060758
   

File Number: 060758 File Type: Resolution Status: Adopted
Version: 0 Reference: R-230-06 Control: County Commission
File Name: DEFEAT BILLS THAT PREEMPT INCORPORATION POLICY Introduced: 3/7/2006
Requester: NONE Cost: Final Action: 3/7/2006
Agenda Date: 3/7/2006 Agenda Item Number: 14A1
Notes: Title: RESOLUTION URGING THE FLORIDA LEGISLATURE TO DEFEAT BILLS THAT PREEMPT MIAMI-DADE COUNTY'S LOCAL INCORPORATION POLICY
Indexes: LEGISLATURE
Sponsors: Joe A. Martinez, Prime Sponsor
  Jose "Pepe" Diaz, Co-Sponsor
  Audrey M. Edmonson, Co-Sponsor
  Carlos A. Gimenez, Co-Sponsor
  Sally A. Heyman, Co-Sponsor
  Barbara J. Jordan, Co-Sponsor
  Dennis C. Moss, Co-Sponsor
  Dorrin D. Rolle, Co-Sponsor
  Natacha Seijas, Co-Sponsor
  Katy Sorenson, Co-Sponsor
  Rebeca Sosa, Co-Sponsor
  Sen. Javier D. Souto, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 3/7/2006 14A1 Adopted P
REPORT: Earlier during the meeting the Board discussed the impact Senate Bill 1730 and House Bill 939 would have on Miami-Dade County if enacted by the Florida Legislation and the possibility of these legislative bills being passed. Chairman Martinez commented on the importance of having Miami-Dade County represented by the members of the Board while these proposed legislative bills were under consideration by the Florida Legislation. He asked that any Board member available to travel to Tallahassee to represent the County to, please, do so. Following discussion as to whether Representative Ken Sorensen could be asked to defer consideration of HB939, Commissioner Diaz advised that, upon speaking to Representative Sorensen, he had been advised that only the sponsor of the proposed bill could ask for deferral due to advertising requirements. Commissioner Diaz noted that he would be unable to travel to Tallahassee. Discussion ensued in connection with how to ask for deferral of the proposed legislative bill and whether the County would benefit from having the members of the Board appear before the Florida Legislation to urge the State legislators to defeat the proposed legislation. Pursuant to Commissioner Sorenson’s suggestion that the County Attorney’s Office prepare a resolution for the Board’s consideration today, the foregoing proposed resolution urging the Florida Legislature to defeat bills that preempts Miami-Dade County’s local incorporation policy was prepared and placed on the agenda for the Board’s consideration. Commissioner Heyman asked Deputy County Manager Pedro Hernandez to expedite the delivery of the foregoing resolution to Miami-Dade County’s lobbyists and members of the Office of Intergovernmental Affairs in Tallahassee in order to have it hand-delivered to the offices of each State legislator on March 8, 2006, before the beginning of the business day. Deputy County Manager Hernandez advised Mayor Carlos Alvarez would be asked to sign a veto waiver on this resolution. Chairman Martinez asked that Mr. Hernandez apprise him as soon as possible whether the had Mayor vetoed this resolution or would not sign the veto waiver. Following discussion on whether language should be included in this resolution to indicate that Miami-Dade County had been willing to negotiate the terms of incorporation with the applicants, the Board adopted the foregoing proposed resolution with the following language in Section 2: “directs the Clerk of the Board to transmit a certified copy of this resolution to the President of the Florida Senate, the Speaker of the House, the Chair and members of the Miami-Dade County State Legislative Delegation and all other members of the Florida Legislature.” Upon the conclusion of the foregoing discussion and taking a vote on this resolution, Commissioner Sorenson moved that Miami-Dade County (MDC) continue its discussions with those municipalities who had been respectful of the County’s incorporation process and continued to work cooperatively while the proposed SB 1730 and HB 939 remained pending in the State legislation in order to show State legislators the County was acting in good faith. This motion was seconded by Commissioner Gimenez, and the floor was opened for discussion. Commissioner Seijas spoke against the motion and asked that the committee review process be allowed to continue. Following discussion on Commissioner Sorenson’s motion, Commissioner Gimenez withdrew his second to the motion, noting that he had withdrawn the second, while in agreement with the motion, in respect to Commissioner Seijas as chair of the Infrastructure and Land Use Committee (INLUC). In response to Commissioner Sorenson’s call for a second to her motion, Commissioner Heyman seconded the motion for further discussion. She commented on her preference to have Miami-Dade League of Cities embrace the County’s position as a countywide issue of interest. Discussion ensued in connection with whether incorporation negotiations with the municipalities should be continued to be pursued while the proposed State legislation remained pending. Upon concluding the discussion on whether negotiations with the municipalities should be continued to be pursued while the proposed SB 1730 and HB 939 remained pending in the State legislation, Commissioner Sorenson withdrew her motion. She commented that it would be in Miami-Dade County’s best interest given our legislative agenda to continue to work productively with the municipalities and the legislative delegation. Commissioner Seijas announced that those municipalities having incorporation related negotiations under discussion would be scheduled for the next meeting of INLUC on March 14, 2006, at 9:30 a.m., for a discussion of those issues and invited all county commissioners to attend.

Legislative Text


TITLE
RESOLUTION URGING THE FLORIDA LEGISLATURE TO DEFEAT BILLS THAT PREEMPT MIAMI-DADE COUNTY'S LOCAL INCORPORATION POLICY

BODY
WHEREAS, Miami-Dade County developed a fair and equitable policy for incorporation of new municipalities; and
WHEREAS, municipalities that are configured to be revenue neutral to the unincorporated area pay no mitigation fees under this policy; and
WHEREAS, municipalities that are configured to be donor communities pay a mitigation fee of approximately one-half the impact to the Unincorporated Municipal Services Area (UMSA); and
WHEREAS, this policy protects the tax base of the unincorporated area and the citizens who live there; and
WHEREAS, bills have been filed for the 2006 regular session that started today, March 7, 2006, that would preempt Miami-Dade County's incorporation policy,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Urges the Florida Legislature to defeat SB 1730 and HB 939 and any similar legislation that would preempt Miami-Dade County's well-reasoned incorporation policy.


Section 2. Directs the Clerk of the Board to transmit a certified copy of this resolution to the President of the Florida Senate, the Speaker of the House, the Chair and members of the Miami-Dade County State Legislative Delegation and all other members of the Florida Legislature.
Section 3. Directs the County's state lobbyists to advocate against the passage of the legislation set forth in Section 1 above, and directs the Office of Intergovernmental Affairs to include this item in the 2006 State Legislative Package as a top priority.



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