Legislative Matter

Miami-Dade Legislative Item
File Number: 090335

Printable PDF Format

Clerk's Official Copy

File Number: 090335

File Type: Resolution

Status: Adopted

Version: 0

Reference: R-125-09

Control: Board of County Commissioners

File Name: 3 YEAR MORATORIUM ON THE COLLECTION OF IMPACT FEE

Introduced: 2/11/2009

Requester: NONE

Cost:

Final Action: 2/17/2009

Agenda Date: 2/17/2009

Agenda Item Number: 11A9

Notes:

Title:

RESOLUTION EXPRESSING STRONG CONCERNS REGARDING SB 630 AND SIMILAR LEGISLATION THAT WOULD IMPOSE A MORATORIUM ON THE COLLECTION OF IMPACT FEES BY LOCAL GOVERNMENTS; URGING THE FLORIDA LEGISLATURE NOT TO PASS SUCH LEGISLATION [SEE ORIGINAL ITEM UNDER FILE NO. 090250]

Indexes:

URGING

Sponsors:	Dennis C. Moss, Prime Sponsor
	Audrey M. Edmonson, Co-Sponsor
	Sally A. Heyman, Co-Sponsor
	Barbara J. Jordan, Co-Sponsor
	Joe A. Martinez, Co-Sponsor
	Katy Sorenson, Co-Sponsor
	Dorrin D. Rolle, 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	2/17/2009	11A9	Adopted				P
REPORT:	Commissioner Rolle asked that he be listed as a co-sponsor to the foregoing proposed resolution. Hearing no further questions or comments, the Commission proceeded to vote.

County Manager	2/11/2009		Additions		2/17/2009

County Attorney	2/11/2009		Assigned	Jess M. McCarty

Budget, Planning and Sustainability Committee	2/10/2009	2CC AMENDED	Forwarded to the BCC by the BCC Chairperson with favorable recommendation with committee amendments				P
REPORT:	Assistant County Attorney Jess McCarty read the foregoing proposed resolution into the record. Commissioners Edmonson, Jordan, and Heyman asked that they be listed as co-sponsors. Commissioner Heyman expressed concern regarding the consequences of suspending all impact fees on the delivery of service or the level of services, Commissioner Martinez noted Florida Senate Bill (SB) 630 would be an unfunded mandate from the Florida Legislature. He pointed out the savings that would result from suspending the impact fees would not be passed on to the end buyer. He emphasized opposing SB 630 should be a very high priority for the County Lobbyists and Legislative Delegation. Responding to Commissioner Sorenson’s inquiry regarding the impact SB 630 would have on the County, Special Assistant to the County Manager Jennifer Glazer-Moon noted SB 630 would have an impact of approximately $120 million over three years. Commissioner Jordan requested this proposed resolution be amended to add a provision that a copy of this proposed resolution be sent to the presiding officers and members of all county governments in the state of Florida. Hearing no other questions or comments, the Committee proceeded to vote on this proposed resolution as amended by Commissioner Jordan. Chairwoman Sorenson noted she would prepare a memorandum requesting that Chairman Moss waive the Board's Rules and Procedures to allow this proposed resolution to be considered at the February 17, 2009, County Commission Meeting.

Legislative Text

TITLE
RESOLUTION EXPRESSING STRONG CONCERNS REGARDING SB 630 AND SIMILAR LEGISLATION THAT WOULD IMPOSE A MORATORIUM ON THE COLLECTION OF IMPACT FEES BY LOCAL GOVERNMENTS; URGING THE FLORIDA LEGISLATURE NOT TO PASS SUCH LEGISLATION

BODY
WHEREAS, SB 630 has been filed for consideration during the 2009 state legislative, by Senator Mike Bennett (R � Bradenton); and
WHEREAS, SB 630 would impose a three-year moratorium on the imposition and collection of impact fees for any purpose by a county or municipality from October 1, 2009 through September 30, 2012; and
WHEREAS, Miami-Dade County currently collects impact fees for roads, fire and emergency services, water and sewer, police services, parks, and schools; and
WHEREAS, road and school impact fees are countywide in nature, and individual municipalities also collect various other impact fees within their cities; and
WHEREAS, impact fees ensure that new development bears its proportionate share of the capital cost of new infrastructure and services necessary to support the new development; and
WHEREAS, SB 630 or similar legislation would have a substantial fiscal impact on Miami-Dade County, including more than $20 million for road impact fees alone; and
WHEREAS, passage of SB 630 or similar legislation would mean that fewer funds are available for new infrastructure projects, with corresponding losses in potential jobs; and
WHEREAS, passage of SB 630 or similar legislation also could have the effect of stopping infrastructure projects already planned or being constructed, with further corresponding job losses; and
WHEREAS, a moratorium on impact fees for infrastructure improvement would create concurrency deficiencies and therefore have the unintended consequence of impeding development; and
WHEREAS, studies have shown that reducing government spending by reducing fees and taxes does not stimulate the economy and that the opposite is actually true: spending government funds on needed infrastructure projects acts to stimulate the economy; and
WHEREAS, passage of SB 630 or similar legislation would result in reduced infrastructure projects and a loss of construction jobs at a time when stimulus packages are being proposed at the federal, state and local levels to increase infrastructure funding and associated jobs,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Expresses strong concerns regarding SB 630 and similar legislation that would impose a three-year or other moratorium on the collection of impact fees by local governments and urges the legislature not to pass such legislation.
Section 2. Directs the Clerk of the Board to transmit a certified copy of this resolution to the Governor, Senate President, House Speaker, the Chair and Members of the Miami Dade County State Legislative Delegation, Senator Mike Bennett, >>the Presiding Officer and Members of the municipalities in Miami-Dade County, the Presiding Officer and Members of the 66 other Boards of County Commissioners in Florida,<< [[and]] >>the Executive Director of the Florida Association of Counties and<< the Executive Director of the Miami-League of Cities.
Section 3. Directs the County's state lobbyists to oppose the legislation set forth in Section 1 above, and authorizes and directs that the 2009 State Legislative Package be amended to include this item.