Legislative Matter

Miami-Dade Legislative Item
File Number: 090370

Printable PDF Format

Clerk's Official Copy

File Number: 090370

File Type: Resolution

Status: Adopted

Version: 0

Reference: R-140-09

Control: Board of County Commissioners

File Name: URGING NOT TO PASS NOT TO PASS H.J.R. 905

Introduced: 2/17/2009

Requester: NONE

Cost:

Final Action: 2/17/2009

Agenda Date: 2/17/2009

Agenda Item Number: 11A25

Notes:

Title:

RESOLUTION URGING THE FLORIDA LEGISLATURE NOT TO PASS H.J.R. 905 OR SIMILAR LEGISLATION THAT WOULD PROPOSE TO EMBED IN THE FLORIDA CONSTITUTION REVENUE CAPS ON LOCAL GOVERNMENTS

Indexes:	LEGISLATURE
	URGING

Sponsors:	Rebeca Sosa, Prime Sponsor
	Audrey M. Edmonson, Co-Sponsor
	Barbara J. Jordan, Co-Sponsor
	Natacha Seijas, Co-Sponsor
	Katy Sorenson, Co-Sponsor
	Dorrin D. Rolle, Co-Sponsor
	Sally A. Heyman, Co-Sponsor
	Dennis C. Moss, Co-Sponsor
	Jose "Pepe" Diaz, Co-Sponsor
	Carlos A. Gimenez, 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

County Attorney	2/17/2009		Assigned	Jess M. McCarty

Board of County Commissioners	2/17/2009	11A25	Adopted				P
REPORT:	Commissioner Sosa said the State was seeking to impose a revenue cap on local governments but not on state government, and she expressed concern regarding local government addressing increasing expenses while revenues were capped. Commissioner Sosa noted that an equitable system needed to be developed. Commissioner Diaz inquired whether the Home Rule Charter would allow the State to impose a revenue cap to which County Attorney Robert Cuevas indicated that it would require a Statewide Constitutional Amendment. Commissioner Barreiro noted that a revenue cap should not be imposed by the State; however if implemented, it should be imposed upon themselves as well. Commissioner Seijas indicated that House Joint Resolution 905 (H.J.R. 905) was offensive and if passed, she would propose legislation that anyone associated with the Dade Delegation could not lobby the County. Commissioner Sorenson noted that taking away revenue and local control was the wrong approach at this time when public investment was needed to assist in the economic recovery. She suggested that Representative Flores be asked to act in the best interest of her community. Commissioner Heyman questioned the Dade Delegation’s liaison in Tallahassee not being proactive on this issue. In response to Commissioner Diaz’ request on how this proposal originated, Mr. Joe Rasco, Executive Director, Office of Intergovernmental Affiairs, explained that it came unexpectedly as Governor Crist presented additional measures to further cut property taxes. He also confirmed that the Governor was seeking to place a cap on local tax revenue. Commissioner Gimenez concurred with Commissioner Seijas’s desire to prohibit State or Federal officials from lobbying the County, just as the County should not be lobbying municipalities. He indicated his support to co-sponsor legislation proposed by Commissioner Seijas regarding this issue. Commissioner Barreiro suggested the County support a State cap if this were to pass. Chairman Moss indicated that the actions of one member did not indicate the support of the entire Delegation. He noted that the County needed its ability to spend and it was not the appropriate time to be suggesting a revenue cap. Commissioner Sosa mentioned that the State did not have money to distribute and was actively pursuing legislation that would control local government spending. Hearing no further questions or comments, the Commission proceeded to vote.

Legislative Text

TITLE
RESOLUTION URGING THE FLORIDA LEGISLATURE NOT TO PASS H.J.R. 905 OR SIMILAR LEGISLATION THAT WOULD PROPOSE TO EMBED IN THE FLORIDA CONSTITUTION REVENUE CAPS ON LOCAL GOVERNMENTS

BODY
WHEREAS, legislation has been filed for consideration during the 2009 regular session that would place on the 2010 statewide ballot a constitutional amendment to cap local government revenues; and
WHEREAS, House Joint Resolution 905 (H.J.R. 905) by Representative Anitere Flores would propose a constitutional amendment that would impose revenue limitations on local governments consisting of the property tax base increased by the Consumer Price Index (CPI) plus one percent each year; and
WHEREAS, if passed at a statewide vote, the Legislature then would be responsible for implementing by general law revenue caps on local governments pursuant to H.J.R. 905; and
WHEREAS, the revenue caps proposed in H.J.R. 905 are similar to Colorado�s Taxpayer Bill of Rights initiative (Colorado TABOR), which limited the growth of state and local revenues in Colorado to a highly restrictive formula and which Colorado voters adopted in 1992; and
WHEREAS, Colorado TABOR proved insufficient to fund the ongoing costs of government; and
WHEREAS, by creating a permanent revenue shortage, Colorado TABOR pitted advocates for state programs and services against each other for survival each year and virtually ruled out any new initiatives to address unmet or emerging needs; and
WHEREAS, the consequences of TABOR were devastating in many areas in Colorado, including public education and public health; and
WHEREAS, as a result of Colorado TABOR, Colorado�s K-12 education funding dropping from 35th to 49th in the nation, college and university funding as a share of personal income fell from 35th to 48th in the nation; and
WHEREAS, as a result of Colorado TABOR, Colorado declined from 23rd to 48th in the nation in the percentage of pregnant women receiving adequate access to prenatal care, Colorado fell from 24th to 50th in the nation in the share of children receiving their full vaccinations, and the share of low-income children lacking health insurance doubled in Colorado so that it now ranks last among the 50 states on this measure; and
WHEREAS, these declines in public services were so drastic that in November, 2005, Colorado voters voted to suspend TABOR for five years; and
WHEREAS, despite the experience with TABOR in Colorado, the Florida Legislature is now considering a similar proposal in H.J.R. 905,
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 not to pass H.J.R. 905 or similar legislation that would propose to embed in the Florida Constitution revenue caps on local governments.
Section 2. Directs the Clerk of the Board to transmit a certified copy of this resolution to the Governor, Senate President, House Speaker, and the Chair and Members of the Miami-Dade County State Legislative Delegation.
Section 3. Directs the County's state lobbyists to advocate against the legislation set forth in Section 1 above, and authorizes and directs that the 2009 State Legislative Package be amended to include this item.