Miami-Dade Legislative Item
File Number: 130682
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File Number: 130682 File Type: Resolution Status: Adopted as amended
Version: 0 Reference: Control: Board of County Commissioners
File Name: SPECIAL ELECTION TOURIST ROOM TAXES SUN LIFE STADIUM Introduced: 4/9/2013
Requester: NONE Cost: Final Action:
Agenda Date: 4/10/2013 Agenda Item Number:
Notes: SEE 130695 FOR FINAL ITEM AD ADOPTED. SPECIAL ITEM NO. 1 Title: RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA, HELD ON TUESDAY, MAY 14, 2013, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMI-DADE COUNTY THE QUESTION OF WHETHER TO APPROVE THE PROPOSED USE OF ADDITIONAL TOURIST ROOM TAXES FOR MODERNIZATION OF SUN LIFE STADIUM
Indexes: DOLPHIN CENTER
  SPECIAL ELECTION
  SUN LIFE STADIUM
Sponsors: Barbara J. Jordan, Prime Sponsor
  Bruno A. Barreiro, Co-Sponsor
  Jose "Pepe" Diaz, 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 4/10/2013 Special Item No. 1 Amended
REPORT: (See Special Item No. 1 Amended, Legislative File No. 130695 for the amended version.)

County Attorney 4/9/2013 Referred Economic Development & Port Miami Committee

County Attorney 4/9/2013 Assigned Oren Rosenthal

Legislative Text


TITLE
RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA, HELD ON TUESDAY, MAY 14, 2013, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMI-DADE COUNTY THE QUESTION OF WHETHER TO APPROVE THE PROPOSED USE OF ADDITIONAL TOURIST ROOM TAXES FOR MODERNIZATION OF SUN LIFE STADIUM

BODY
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. A countywide special election is hereby called and shall be held in Miami-Dade County, Florida on Tuesday, May 14, 2013, for the purpose of submitting to the qualified electors of Miami-Dade County the ballot question contained herein.
Section 2. Notice of such election shall be published in accordance with Section 100.342, Florida Statutes.
Section 3. The result of such election shall be determined by a majority of the qualified electors of Miami-Dade County voting upon the proposal. The polls at such election shall be open from 7:00 a.m. until 7:00 p.m. on the day of such election. All qualified electors of Miami-Dade County, Florida shall be entitled to vote at said election. The County registration books shall remain open at the Office of the Miami-Dade County Supervisor of Elections until twenty-nine (29) days prior to the date of such election, at which time the registration books will close in accordance with the provisions of general election laws. The question shall appear on the ballot in substantially the following form:

MODERNIZATION OF SUN LIFE STADIUM USED BY DOLPHINS AND HURRICANES

RESOLUTION [ ]-13 PROPOSES USING 7,500,000 DOLLARS A YEAR, ADJUSTED ANNUALLY FOR GROWTH, FROM ADDITIONAL TOURIST ROOM TAXES TO BE LEVIED TO MODERNIZE STADIUM CONDITIONED ON:

• DOLPHINS’ REMAINING LONG-TERM IN COUNTY;

• PRIVATE FUNDING FOR MAJORITY OF COSTS;

• STADIUM OWNERS PAYING COUNTY AT LEAST 112,000,000 DOLLARS IN 30 YEARS;

• STADIUM OWNERS PAYING PENALTIES UP TO 120,000,000 DOLLARS FOR NOT BRINGING PREMIER FOOTBALL AND SOCCER EVENTS TO STADIUM; AND

• AWARD OF SUPER BOWL 50 OR 51.

FOR THE PROPOSED USE

AGAINST THE PROPOSED USE

Section 4. The form of the ballot shall be in accordance with the requirements of general election laws.
Section 5. Early voting shall be conducted in accordance with the requirements of general election laws. There shall be twenty-one early voting sites whose locations and dates and times of operation shall be at the discretion of the Supervisor of Elections.
Section 6. Absentee paper ballots may be used by qualified electors of Miami-Dade County for voting on this question. The form of such absentee ballot shall be in accordance with the requirements prescribed by general election laws.
Section 7. A sample ballot showing the manner in which the question or proposal aforesaid will appear at this election shall be published and provided in accordance with the applicable provisions of general election laws.
Section 8. This special election on the proposal aforesaid shall be held and conducted in accordance with applicable provisions of the general laws relating to elections and the provisions of the Miami-Dade County Home Rule Charter. The County Mayor or his or her designee, the Finance Director, and the Clerk of the County Commission are hereby authorized and directed to take all appropriate actions necessary to carry into effect and accomplish the provisions of this resolution. Election officials in connection with this election shall be appointed in accordance with the provisions of general election laws.
Section 9. This election shall be canvassed by the County Canvassing Board, in accordance with the provisions of Section 3.07 of the Home Rule Charter.
Section 10. Consistent with the Florida Department of State’s Advisory Opinion D.E. 13-06, issued pursuant to Section 106.23(2), Florida Statutes, South Florida Stadium LLC shall deposit with the Board of County Commissioners, within two (2) business days of the effective date of this Resolution, $4,784,337 in currency or by check certified by a bank licensed to do business in the state to pay the expenses of holding this election. Such payment represents the reasonable costs for conducting this election and shall be non-refundable for any reason, including, but not limited to, the cancellation of the election pursuant to the provisions of Section 11. South Florida Stadium LLC shall not be responsible for any election costs in excess of the amounts set forth herein and may not recover any unspent election costs from the County. Section 11. This Resolution shall sunset and the special election called herein shall be cancelled in the event that either: (1) South Florida Stadium LLC fails to deposit the funds required by Section 10; (2) the Florida legislature fails to pass SB 306, HB 135 or similar legislation authorizing the County to levy an additional tax development room tax and use the revenues generated to renovate Sun Life Stadium subject to a referendum approving the proposed use before the legislature adjourns sine die; or (3) the Governor vetoes such legislation on or before May 14, 2013.



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