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RESOLUTION URGING CONGRESS TO REPEAL SECTION 511 OF THE TAX INCREASE PREVENTION & RECONCILIATION ACT, WHICH REQUIRES CERTAIN GOVERNMENTS TO WITHHOLD THREE PERCENT OF VENDOR PAYMENTS; URGING THE FLORIDA LEGISLATURE TO PASS A MEMORIAL SUPPORTING REPEAL OF SECTION 511

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WHEREAS, section 511 of the Tax Increase Prevention and Reconciliation Act of 2005 (TIPRA) is set to go into effect on January 1, 2012, and will require states and local governments with annual spending in excess of $100 million to withhold three percent of payments to contractors or vendors; and
WHEREAS, the three percent withholding is then remitted to the federal government for federal income tax purposes; and
WHEREAS, the goal of section 511 is to reduce underpayment of federal taxes by government vendors not currently subject to withholding, but the provision will have a significant cost impact on state and local governments as well as vendors; and
WHEREAS, Miami-Dade County currently awards approximately $1.4 billion in goods and services annually; and
WHEREAS, if section 511 were in place today, the annual impact on Miami-Dade County could be in excess of $42 million; and
WHEREAS, the withholding mandate in section 511 also will create substantial administrative and record-keeping burdens; and
WHEREAS, state and local governments will receive no funding from the federal government in exchange for monitoring and collecting the three percent withholding, and state and local governments likely will incur expense to make programming changes to financial and accounting systems, purchase new software, register vendors, possibly hire additional staff and keep data files and reports,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Urges Congress to repeal Section 511 of the Tax Increase Prevention & Reconciliation Act (TIPRA).
Section 2. Urges the Florida Legislature to pass a memorial supporting the repeal of Section 511.
Section 3. Directs the Clerk of the Board to transmit a certified copy of this resolution to the members of the Florida Congressional Delegation, the Governor of Florida, the Florida Senate President, the Florida House Speaker and the Chair and Members of the Miami-Dade County State Legislative Delegation.
Section 4. Directs the County's federal and state lobbyists to advocate for the passage of the legislation as set forth in Sections 1 and 2 above, and authorizes and directs the Office of Intergovernmental Affairs to include this item in the 2010 and 2011 Federal Legislative Package and the 2011 State Legislative Package.