Legislative Matter

Miami-Dade Legislative Item
File Number: 070398

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Clerk's Official Copy

File Number: 070398

File Type: Resolution

Status: Adopted

Version: 0

Reference: R-185-07

Control: County Commission

File Name: ELIMINATE LOOP HOLE IN DISCRETIONARY SURTAX PROGRAM

Introduced: 2/6/2007

Requester: NONE

Cost:

Final Action: 2/20/2007

Agenda Date: 2/20/2007

Agenda Item Number: 11A6

Notes:

Title:

RESOLUTION URGING THE FLORIDA LEGISLATURE TO PASS LEGISLATION ELIMINATING THE ''LOOP HOLE'' THAT CURRENTLY PREVENTS CERTAIN TRANSFERS OF REAL PROPERTY TO BE TAXED UNDER THE DISCRETIONARY SURTAX PROGRAM

Indexes:	LEGISLATURE
	SURTAX PROGRAMS

Sponsors:	Rebeca Sosa, Prime Sponsor
	Carlos A. Gimenez, Co-Sponsor
	Sally A. Heyman, 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	2/20/2007	11A6	Adopted				P

County Manager	2/14/2007		Additions		2/20/2007

Budget and Finance Committee	2/13/2007	2J	Forwarded to the BCC by the BCC Chairperson with a favorable recommendation				P
REPORT:	Assistant County Attorney Benitez read the foregoing resolution into the record. It was moved by Commissioner Sosa that this proposed resolution be forwarded with a favorable recommendation. This motion was seconded by Commissioner Gimenez. Commissioner Sorenson suggested the Committee request a waiver for all resolutions and ordinances urging the Florida Legislature to the next Board of County Commissioners meeting. Chairman Martinez said he would prepare the memorandum requesting Chairman Barreiro waive the Rules and Procedures and allow this resolution to be considered at the February 20, 2007 Commission meeting. Hearing no other questions or comments, the Committee proceeded to vote.

County Attorney	2/6/2007		Assigned	Terrence A. Smith		2/6/2007

County Attorney	2/6/2007		Referred	Budget and Finance Committee	2/13/2007

Legislative Text

TITLE
RESOLUTION URGING THE FLORIDA LEGISLATURE TO PASS LEGISLATION ELIMINATING THE �LOOP HOLE� THAT CURRENTLY PREVENTS CERTAIN TRANSFERS OF REAL PROPERTY TO BE TAXED UNDER THE DISCRETIONARY SURTAX PROGRAM

BODY
WHEREAS, Chapter 201 of the Florida Statute authorizes the levying, collection and payment of taxes (hereinafter �documentary stamps�) for and in respect to certain documents, including but not limited to deeds, bonds, and certificates of stock; in which real property or any interest therein is granted, assigned, transferred, or otherwise conveyed to, or vested in, a purchaser or other person; and
WHEREAS, the County is authorized under Florida law to levy a discretionary surtax on documents for the purpose of establishing a Housing Assistance Loan Trust Fund to assist in the financing of construction, rehabilitation, or purchase of housing for low-income and moderate income families (hereinafter �surtax program�); and
WHEREAS, state law currently allows for the transfer of certain interest in property without a recorded deed; and
WHEREAS, these transfers of property are not taxable under the current surtax program;
WHEREAS, these transfers of property without taxation results in a loss of potential revenue to the surtax program; and
WHEREAS, a legislative change requiring these transfers to be taxed would produce, in relative terms, increased revenue to affordable housing through the State�s allocation of documentary stamp taxes and county retained documentary stamp surtax,
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 pass legislation eliminating the �loop hole� that currently prevents certain transfers of real property that take place without a recorded deed to be taxed under the surtax program.
Section 2. Directs the Clerk of the Board to transmit copies of this resolution to the Governor, Senate President, House Speaker, and Chair and members of the Miami-Dade State Legislative Delegation.
Section 3. Directs the County's state lobbying team to advocate for the passage of the legislation set forth in Section 1 above; and directs the Office of Intergovernmental Affairs to include this item in the 2007 State Legislative Package.