Legislative Matter

Miami-Dade Legislative Item
File Number: 130443

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Clerk's Official Copy

File Number: 130443

File Type: Resolution

Status: Adopted

Version: 0

Reference: R-256-13

Control: Board of County Commissioners

File Name: TRANSFER OF LAND

Introduced: 3/6/2013

Requester: NONE

Cost:

Final Action: 4/2/2013

Agenda Date: 4/2/2013

Agenda Item Number: 11A8

Notes:

Title:

RESOLUTION ESTABLISHING COUNTY POLICY WITH RESPECT TO CONVEYANCES TO NOT FOR PROFIT CORPORATIONS UNDER FLORIDA STATUTE SECTION 125.38

Indexes:

TRANSFER LAND

Sponsors:	Rebeca Sosa, Prime Sponsor
	Lynda Bell, Co-Sponsor
	Esteban L. Bovo, Jr., Co-Sponsor
	Sally A. Heyman, 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	4/2/2013	11A8	Adopted				P
REPORT:	In response to Commissioner Jordan’s question as to how this would affect other conveyances to not-for-profit organizations such as the YMCA, Chairwoman Sosa explained that this resolution would allow the County to retain the property and administer leases to the various organizations. Upon hearing Assistant County Attorney Debra Herman’s response that this resolution required not-for-profit organizations to pay rent on land in lieu of taxes, Commissioner Jordan asked whether existing leases pending renewal would be affected and whether the calculation for rent payments would be based on the land’s original value or the value after improvements were made. Chairwoman Sosa explained that the Board of County Commissioners would determine the amount of rent to charge for the land rather than giving the land to entities. Additionally, she clarified that the not-for-profit organizations could apply for tax-exempt status and not be required to pay property taxes. In response to Chairwoman Sosa’s inquiry as to whether a formula for calculating rent payments by not-for-profit organizations currently existed, Deputy Mayor Jack Osterholt stated no formula was currently established. In response to Commissioner Jordan’s comment that she was not aware of any not-for-profit organization that made lease payments for land, Mr. Lee Solomon, Internal Services Department, stated he was certain there were not-for-profit organizations that paid rent for land. Commissioner Jordan urged the Board to be consistent in the treatment of not-for-profit organizations. Hearing no further questions or comments, the Board proceeded to vote.

Finance Committee	3/12/2013	2O	Forwarded to BCC with a favorable recommendation				P
REPORT:	Hearing no questions or comments, the Committee proceeded to vote on this proposed resolution as presented.

County Attorney	3/6/2013		Referred	Finance Committee	3/12/2013

County Attorney	3/6/2013		Assigned	Debra Herman		3/6/2013

Legislative Text

TITLE
RESOLUTION ESTABLISHING COUNTY POLICY WITH RESPECT TO CONVEYANCES TO NOT FOR PROFIT CORPORATIONS UNDER FLORIDA STATUTE SECTION 125.38

BODY
WHEREAS, Florida Statute 125.38 allows the County to convey properties by sale or lease to not-for-profit corporations, provided that such properties are not needed for County purposes and will be utilized to promote community interest and welfare; and
WHEREAS, as a condition of such conveyances, the not-for-profit corporations must develop, construct, and continue to maintain such properties for the intended public use; and
WHEREAS, the County has an interest in balancing the promotion of community interest and welfare by conveying appropriate properties to not-for-profit corporations, while maintaining sufficient control over such properties to ensure that they are properly developed and utilized for the benefit of the public; and
WHEREAS, conveying property via lease, as opposed to sale, would allow the County to exercise additional control to ensure that the properties are developed and maintained for the intended purpose; and
WHEREAS, the price or rent for such conveyance is set by the Board, and can be for nominal or other value; and
WHEREAS, not-for-profit corporations can apply for tax exempt status in connection with property utilized under a long term lease or owned by such entities; and
WHEREAS, the County has an interest in maximizing the number of properties on the County�s tax rolls; and
WHEREAS, in the event that a not-for-profit corporation applies for and receives a tax exempt status, payments can be made under such leases in lieu of rent,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that:
Section 1. This Board ratifies and adopts the matters set forth in the foregoing recitals.
Section 2. It shall be the policy of this Board, when conveying property to not-for-profit corporations for the public benefit under Florida Statute Section 125.38 1) to lease, rather than convey property, unless other compelling circumstances justify the conveyance of same, and 2) to include lease terms requiring a rental payment in lieu of paying taxes in the event that tax exempt status is achieved by the not-for-profit corporation, unless a hardship or other substantial reason exists for foregoing such payment.