Miami-Dade Legislative Item
File Number: 220709
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File Number: 220709 File Type: Ordinance Status: Adopted
Version: 0 Reference: 22-49 Control: County Commission
File Name: ROLLING PROCESS FOR ALL HOMEOWNERSHIP DEVELOPMENTS Introduced: 3/28/2022
Requester: NONE Cost: Final Action: 5/3/2022
Agenda Date: 5/3/2022 Agenda Item Number: 7F
Notes: Title: ORDINANCE RELATING TO REQUIREMENT OF COMPETITIVE PROCESS FOR ALLOCATION OF DOCUMENTARY SURTAX FUNDS; AMENDING SECTION 29-7 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING EXCEPTIONS FOR HOMEOWNERSHIP DEVELOPMENTS; CREATING AN OPEN AND ROLLING APPLICATION PROCESS FOR ALL HOMEOWNERSHIP DEVELOPMENTS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE [SEE ORIGINAL ITEM UNDER FILE NO. 220498]
Indexes: DOCUMENTARY SURTAX
  HOMEOWNERS
Sponsors: Jean Monestime, Prime Sponsor
  Eileen Higgins, 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 5/3/2022 7F Adopted P
REPORT: County Attorney Geri Bonzon-Keenan read into the record the title of the foregoing proposed ordinance. Hearing no other comments or objections, the Board members proceeded to take a vote on the foregoing ordinance as presented.

Public Housing and Community Services Committee 4/14/2022 1G3 Substitute Forwarded to BCC with a favorable recommendation following a public hearing P
REPORT: Assistant County Attorney Terrance Smith read the title of the foregoing proposed ordinance into the record. Earlier in the meeting, Chairman Monestime opened the public hearing, and there being no one registered or appearing to speak on the foregoing item, Chairman Monestime closed the public hearing. Commissioner Higgins requested she be added as a co-sponsor. Hearing no questions or comments, the Committee members proceeded to vote on the foregoing proposed ordinance, as proposed.

County Attorney 3/28/2022 Referred Public Housing and Community Services Committee 4/14/2022

County Attorney 3/28/2022 Assigned Shannon D. Summerset 3/29/2022

Legislative Text


TITLE
ORDINANCE RELATING TO REQUIREMENT OF COMPETITIVE PROCESS FOR ALLOCATION OF DOCUMENTARY SURTAX FUNDS; AMENDING SECTION 29-7 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING EXCEPTIONS FOR HOMEOWNERSHIP DEVELOPMENTS; CREATING AN OPEN AND ROLLING APPLICATION PROCESS FOR ALL HOMEOWNERSHIP DEVELOPMENTS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE [SEE ORIGINAL ITEM UNDER FILE NO. 220498]

BODY
WHEREAS, on February 6, 2007, this Board adopted Ordinance No. 07-18, codified at section 29-7(G) and (H) of the Code of Miami-Dade County; and
WHEREAS, section 29-7(G) requires that no allocation of documentary surtax funds shall be made except as part of a competitive Request for Applications (RFA) process and subject to limited exceptions for certain types of developments; and
WHEREAS, these limited exceptions were created by this Board via Ordinance No. 19-121 which permits allocation of documentary surtax funds outside of the RFA process for Transit Oriented Developments (TOD), County land developments, and Naturally Occurring Affordable Housing (NOAH) developments, and which also created an open and rolling application process for certain developments; and
WHEREAS, one purpose for creating the exceptions to the competitive RFA process and an open and rolling application process for certain developments was to expedite the development of much needed affordable housing, including opportunities for affordable homeownership; and
WHEREAS, while some homeownership developments fall into the exceptions created by Ordinance No. 19-121, many others do not; and
WHEREAS, offering an open and rolling application process for all homeownership developments will ensure an easily accessible, accelerated, and inviting procedure for developers of affordable housing for homeownership; and
WHEREAS, the County is in great need of affordable housing for homeownership as the County’s rate of homeownership lags behind that of the rest of the state of Florida; and
WHEREAS, the County desires to increase the opportunities for affordable homeownership within the County and has taken certain actions, including adopting Ordinance No. 21-80 on July 20, 2021, which adjusted the maximum sales price for homes purchased under Miami-Dade County’s Affordable Housing programs in order to expand the number of housing units available to families seeking affordable homeownership opportunities; and
WHEREAS, creating an exception to the competitive RFA process and an open and rolling application process for all homeownership developments will increase the availability of affordable homeownership opportunities for the residents of Miami-Dade County,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 29-7 of the Code of Miami-Dade County, Florida is hereby amended to read as follows:1
Sec. 29-7. – Documentary Stamps
* * *
(G) Competitive Request for Applications process. No allocation of documentary surtax funds shall be made except as part of a RFA process. Notwithstanding the foregoing, a TOD development, a County land development, [[and]] a NOAH Development >>or any other homeownership development<< may be allocated documentary surtax funds outside of the RFA process so long as they have gone through a government-sponsored competitive process. Documentary surtax funds loaned directly to homeowners by Miami-Dade County may be allocated without the necessity of a competitive process.
* * *
(I) Award of funds for County land developments [[and]] >>,<>, and other homeownership developments<<. The County Mayor or the County Mayor's designee shall administer an open and rolling applications process for County land developments [[and]] >>,<< NOAH developments >>, and any other homeownership developments<<. To be eligible to receive funding allocations, the development must successfully complete the application process. The application process shall consist of meeting specific criteria set forth by the County Mayor or County Mayor's designee. The County Mayor or the County Mayor's designee shall bring the recommendations for funding of County Land Developments >>,<< [[and]] NOAH developments >>, and any other homeownership developments<< directly to the full Board of County Commissioners for approval. The County Mayor's funding recommendations for County land developments [[and]]2 >>,<< NOAH developments >>, and other homeownership developments<< shall not require committee review.
Section 2. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 3. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.
Section 4. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.

1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.
2 The differences between the substitute and the original item are indicated as follows: Words double stricken through and/or [[double bracketed]] are deleted, words double underlined and/or >>double arrowed<< are added.



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