Miami-Dade Legislative Item
File Number: 082173
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File Number: 082173 File Type: Resolution Status: Adopted
Version: 0 Reference: R-1066-08 Control: Board of County Commissioners
File Name: LEASING ALLIGATOR ALLEY TO A PRIVATE FIRM Introduced: 7/8/2008
Requester: NONE Cost: Final Action: 10/7/2008
Agenda Date: 10/7/2008 Agenda Item Number: 11A12
Notes: Title: RESOLUTION OPPOSING THE STATE OF FLORIDA LEASING ALLIGATOR ALLEY TO A PRIVATE FIRM; OPPOSING ANY DIVERSION OF ALLIGATOR ALLEY REVENUE AWAY FROM EVERGLADES RESTORATION AND SOUTH FLORIDA ROAD PROJECTS; URGING THE LEGISLATIVE BUDGET COMMISSION NOT TO APPROVE ANY LEASE OF ALLIGATOR ALLEY; URGING THE LEGISLATURE TO REPEAL STATUTES AUTHORIZING FDOT TO LEASE ALLIGATOR ALLEY TO A PRIVATE FIRM
Indexes:
  LEASES
Sponsors: Katy Sorenson, Prime Sponsor
  Rebeca Sosa, Co-Sponsor
  Jose "Pepe" Diaz, 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 10/7/2008 11A12 Adopted P

Budget and Finance Committee 9/9/2008 2Q Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Jess McCarty read the foregoing proposed resolution into the record. Commissioner Sorenson expressed concern that the state of Florida would lose revenues for Everglades restoration by leasing Alligator Alley to a private firm. Commissioner Souto noted governments all over the United States of America (USA) were leasing highways to private firms. He questioned how the County and State of Florida would have new roads without money to construct the roads. He expressed concern that the State would establish a precedent that would prevent any highway in the State from being leased by a private firm, if the State prohibited leasing Alligator Alley. Responding to Commissioner Souto, Commissioner Diaz noted he would have concurred with Commissioner Souto if Alligator Alley had not already been built with tax dollars. He questioned why the State would provide the completed roadway after taxpayers funded the major costs of the road. He noted $2 million for Everglades restoration would be lost if Alligator Alley was leased to a private firm. Commissioner Sosa expressed concern regarding the potential for a private firm to increase tolls on Alligator Alley and the impact that would have on residents. She asked that she be listed as a co-sponsor. Hearing no other questions or comments, the Committee proceeded to vote.

County Attorney 7/8/2008 Referred Budget and Finance Committee 9/9/2008

County Attorney 7/8/2008 Assigned Jess M. McCarty 7/9/2008

Legislative Text


TITLE
RESOLUTION OPPOSING THE STATE OF FLORIDA LEASING ALLIGATOR ALLEY TO A PRIVATE FIRM; OPPOSING ANY DIVERSION OF ALLIGATOR ALLEY REVENUE AWAY FROM EVERGLADES RESTORATION AND SOUTH FLORIDA ROAD PROJECTS; URGING THE LEGISLATIVE BUDGET COMMISSION NOT TO APPROVE ANY LEASE OF ALLIGATOR ALLEY; URGING THE LEGISLATURE TO REPEAL STATUTES AUTHORIZING FDOT TO LEASE ALLIGATOR ALLEY TO A PRIVATE FIRM

BODY
WHEREAS, Alligator Alley is a 78 mile section of Interstate 75 connecting Southeast Florida and Southwest Florida; and
WHEREAS, during Fiscal Year 2007, approximately 8.3 million toll transactions on Alligator Alley produced approximately $23.5 million in revenues, while operations and maintenance costs for that same period were approximately $6.1 million; and
WHEREAS, pursuant to section 338.26, Florida Statutes, most toll revenues generated in excess of the amount needed to meet operate and maintain Alligator Alley, pay outstanding contractual obligations, and pay for certain legislatively-approved projects, are used for Everglades restoration; and
WHEREAS, during the 2007 regular legislative session, the Florida Legislature passed HB 985 (Chapter 2007-196, Laws of Florida), an omnibus transportation bill, which included a provision that authorized the Florida Department of Transportation (FDOT) to lease to a private firm state toll roads such as Alligator Alley and the Sunshine Skyway Bridge in the Tampa Bay area, but not the Florida Turnpike; and
WHEREAS, HB 985 provided that such leases would not need to be approved by the Florida Legislature, but instead need only be approved by the Legislative Budget Commission, a statutorily-created subset of the Legislature designed to approve mid-year budget revisions; and
WHEREAS, pursuant to the authority provided in HB 985, FDOT in April issued a Request for Qualifications (RFQ) to lease, maintain, operate and receive toll revenues from Alligator Alley through a Concession Agreement for between 50 and 75 years; and
WHEREAS, in recent months, concerns have been expressed that leasing Alligator Alley to a private firm might result in a reduction in Everglades restoration funding, in an increase in tolls from the current $2.50 to as much as $10.00, in Alligator Alley income being diverted away from South Florida; and in Alligator Alley as a public asset, being placed in the hands of private firms, including foreign firms; and
WHEREAS, FDOT has currently re-issued an RFQ with further clarifications and continues to move forward with plans to lease Alligator Alley to a private firm for between 50 and 75 years,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Opposes any legislative or administrative action that would lease Alligator Alley to a private firm.
Section 2. Opposes any diversion of Alligator Alley revenue away from Everglades Restoration and South Florida road projects.
Section 3. Urges the Legislative Budget Commission not to approve any lease of Alligator Alley to a private firm.
Section 4. Urges the Florida Legislature to repeal statutes authorizing FDOT to lease Alligator Alley to a private firm.
Section 5. Directs the Clerk of the Board to transmit certified copies of this resolution to the Governor, the Chair and Members of the Miami-Dade State Legislative Delegation, the Mayor and Members of the Broward County Board of County Commissioners, the Chair and Members of the Collier County Board of County Commissioners, and the Secretary of the Florida Department of Transportation.
Section 6. Directs the County's state lobbyists to advocate for the issues identified in Sections 1 through 4 above, and directs the Office of Intergovernmental Affairs to include this item in the 2009 state legislative package.



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