Miami-Dade Legislative Item
File Number: 102901
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File Number: 102901 File Type: Resolution Status: Adopted
Version: 0 Reference: R-33-11 Control: Board of County Commissioners
File Name: URGE ENSURE WASTE TIRE FEES ARE ALLOCATED FOR RECYCLING Introduced: 12/28/2010
Requester: NONE Cost: Final Action: 1/20/2011
Agenda Date: 1/20/2011 Agenda Item Number: 11A10
Notes: Title: RESOLUTION URGING THE FLORIDA LEGISLATURE TO PASS LEGISLATION ENSURING THAT WASTE TIRE FEE REVENUES ARE ALLOCATED TO THE RECYCLING, COLLECTION AND DISPOSAL OF WASTE TIRES IN THE COMMUNITIES WHERE THESE FEES ARE COLLECTED
Indexes: LEGISLATURE
Sponsors: Joe A. Martinez, Prime Sponsor
  Jean Monestime, Co-Sponsor
  Sen. Javier D. Souto, 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 1/20/2011 11A10 Adopted P

County Attorney 12/28/2010 Assigned Jess M. McCarty

Legislative Text


TITLE
RESOLUTION URGING THE FLORIDA LEGISLATURE TO PASS LEGISLATION ENSURING THAT WASTE TIRE FEE REVENUES ARE ALLOCATED TO THE RECYCLING, COLLECTION AND DISPOSAL OF WASTE TIRES IN THE COMMUNITIES WHERE THESE FEES ARE COLLECTED

BODY
WHEREAS, Florida Law imposes a $1 waste tire fee on each new tire sold at retail pursuant to Section 403.718, Florida Statutes, which is in addition to other fees that may be paid for disposal of old tires; and
WHEREAS, when originally imposed, the waste tire fee funded recycling, collection and disposal of waste tires in a safe and environmentally beneficial way; and
WHEREAS, consumers who buy tires expect the waste tire fee listed on their bill to go for recycling, collection and disposal of waste tires; and
WHEREAS, the waste tire fee generated $19.4 million statewide in state fiscal year 2007-08, $17.7 million in 2008-09 and $17.9 million in 2009-10; and
WHEREAS, section 403.7095, Florida Statutes, provides that revenues from the waste tire fee shall be distributed to each county on the basis of population for waste tire programs after part of the funds are set-aside for small counties; and
WHEREAS, based on section 403.7095, Miami-Dade County would expect to receive several million dollars each year in waste tire fee revenues, but in recent years, Miami-Dade County has not received any revenues from the waste tire fee; and
WHEREAS, each year as part of the appropriations implementing bill, the Florida Legislature diverts waste tire fee revenues away from county waste tire funding and to the state’s general revenue fund by revising section 403.7095 to eliminate waste tire funding for all counties except those small counties with populations fewer than 100,000; and
WHEREAS, in state fiscal year 2008-09, the Legislature appropriated $9.4 million in waste tire fees to counties with populations fewer than 100,000, none to large counties and diverted the remaining $8.3 million to state general revenue; and
WHEREAS, in state fiscal year 2009-10, the Legislature reduced the waste tire fee revenues to only $2.6 million for small counties, again appropriated no waste tire fee funds to large counties and diverted the remaining $15.6 million to state general revenue; and
WHEREAS, for state fiscal year 2010-11, the Legislature further reduced the waste tire fee revenues for small counties to $2.4 million, again appropriated none to large counties and diverted the remaining waste tire fee funds to state general revenue; and
WHEREAS, despite paying millions of dollars in waste tire fees to the state each year, Miami-Dade County residents have seen no waste tire fee revenues come back to Miami-Dade County in a number of years; and
WHEREAS, diverting waste tire fee revenue to other state programs has had the effect of shifting the cost of recycling, collection and disposal of waste tires from the state to local governments; and
WHEREAS, by creating the Community Awareness Task Force and sponsoring Resolution No. 113-06 making the task force countywide and multi-departmental, Chairman Joe A. Martinez has spearheaded the effort to address waste tire issues, including illegal dumping, enforcement, clean-up and education; and
WHEREAS, the Community Awareness Task Force brings together the experience and knowledge found in various County departments along with other stakeholders to address in a coordinated effort issues related to illegal dumping and waste tires; and
WHEREAS, the Community Awareness Task Force has researched the waste tire fee and concluded that changes are needed to state law to ensure that fee revenues are used for their stated purposes and returned to the communities where consumers have paid the waste tire fees, 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 ensuring that waste tire fee revenues are allocated for the recycling, collection, and disposal of waste tires in the communities where these fees are collected.
Section 2. Directs the Clerk of the Board to transmit a certified copy of this resolution to the Governor, Senate President, House Speaker, and Chair and Members of the Miami-Dade County State Legislative Delegation.
Section 3. Directs the County's state lobbyists 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 2011 State Legislative Package.
The Prime Sponsor of the foregoing resolution is Chairman Joe A. Martinez. It was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows:




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