Resolution 2023-32712 RESOLUTION NO. 2023-32712
A RESOLUTION OF THE MAYOR AND CITY COMMISION OF THE CITY OF
MIAMI BEACH FLORIDA, APPROVING AND AUTHORIZING THE CITY
MANAGER AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT
BETWEEN MIAMI-DADE COUNTY (THE "COUNTY") AND THE CITY OF
MIAMI BEACH CONNECTION WITH DISTRIBUTION OF PROCEEDS OF THE
COUNTY'S SIX-CENT LOCAL OPTION GAS TAX, FOR THE 30-YEAR
PERIOD FROM JANUARY 1, 2024 THROUGH DECEMBER 31, 2053.
WHEREAS, pursuant to Section 336.025 of the Florida Statutes, counties may levy a
local option fuel tax, in an amount ranging from 1 cent to 6 cents on every gallon of motor fuel
and diesel fuel sold within a county; and
WHEREAS, since September 1, 1993, the Miami-Dade County Board of County
Commissioners has levied a 6-cent ($0.06) local option gas tax on every gallon of motor and
diesel fuel sold in Miami-Dade County(the "County"); and
WHEREAS, local option gas tax proceeds may be used to fund roadway, right-of-way,
and transportation-related expenditures including, but not limited to, construction and
reconstruction; and
WHEREAS, in 1997, the County's local option gas tax was extended via Ordinance No.
97-156, for a total term of 30 years, expiring on August 31, 2023; and
WHEREAS, on July 18, 2023, the Miami-Dade County Board of County Commissioners
approved an amended and restated interlocal agreement between the County and eligible
municipalities, to re-establish the disbursement formula currently being used for distribution of
gas tax proceeds to eligible municipalities, for the 30 year period from January 1, 2024 through
December 31, 2053; and
WHEREAS, as the existing interlocal agreement expires on August 31, 2023, the County
requests that each municipality, including the City of Miami Beach, approve and execute the new
interlocal agreement by August 31, 2023.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve and authorize the City Manager and City Clerk to execute an
Interlocal Agreement between Miami-Dade County and the City of Miami Beach in connection
with distribution of proceeds of the County's six-cent local option gas tax, for the 30-year period
from January 1, 2024 through December 31, 2053.
PASSED and ADOPTED this 26th day July, 2023.
ATTEST:
JUL 2 8 2023 Dan Gelber, Mayor
Rafael Granado, CityClerk APPROVED AS TO
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MIAMI B EAC H.
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Aline T. Hudak, City Manager
DATE: July 26,2023
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISION OF THE CITY OF MIAMI BEACH
FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER AND CITY CLERK'TO
EXECUTE AN INTERLOCAL AGREEMENT BETWEEN MIAMI-DADE COUNTY(THE "COUNTY")
AND THE CITY OF MIAMI BEACH CONNECTION WITH DISTRIBUTION OF PROCEEDS OF
THE COUNTY'S SIX-CENT LOCAL OPTION GAS TAX, FOR THE 30-YEAR PERIOD FROM
JANUARY 1,2024 THROUGH DECEMBER 31,2053.
RECOMMENDATION
The Administration recommends approval of the Interlocal Agreement with Miami-Dade County regarding the local option gas tax.
BACKGROUND/HISTORY
Per Section 336.025, Florida Statutes, counties may levy a variety of local option fuel taxes, often referred to as a local option gas tax.This
levy may range from 1 cent to 6 cents on every gallon of motor fuel and diesel fuel sold within a county.Since September 1, 1993,the Miami-
Dade County Board of County Commissioners has levied a 6-cent($0.06)local option gas tax on every gallon of motor and diesel fuel sold in
Miami-Dade County. The Florida Department of Revenue administers, collects, and enforces the local option gas tax and distributes net
proceeds to Miami-Dade County(County)as it does for other counties throughout,state. Local option gas tax proceeds may be used to fund
roadway,right-of-way,and transportation-related expenditures including,but not limited to,construction and reconstruction.
In 1997, the County's local option gas tax was extended via Ordinance No. 97-156 to have a total term of 30-years expiring on August 31,
2023. Pursuant to 336.025, Florida Statutes, and through Resolution No. R-903-98, the County, prior to levying the tax, established a.
distribution formula for dividing the entire proceeds of the tax among the County and all eligible municipalities within the county via an interlocal
agreement.Per the existing interlocal agreement,the County retains its portion of net proceeds from the local option gas tax and distributes the
remainder to the eligible incorporated municipalities based on a formula as follows:
• 70.4%:Miami-Dade County
• 29.6%: Eligible Incorporated Municipalities
The municipal distribution formula is predicated on population and centerline miles of roadway maintained. For Fiscal Year 2024, Miami-Dade
County's projected net proceeds for the local option gas tax totals$63.76 million with the County's share at approximately$44.89 million and
the municipalities'share at approximately$18.87 million.
ANALYSIS
City of Miami Beach local option gas tax revenue for Fiscal Year 2024 is projected to be$1,009,000.Historical local option gas tax revenue for
the City is provided below.
• FY 2023 Projection: $1,009,000($662,907 received to date)
• FY 2022 Actual: $1,038,300
• FY 2021 Actual: $946,726
• FY 2020 Actual: $915,183
On July 19, 2023,the City received notification from Miami-Dade County regarding a resolution adopted on July 18,2023 by the Miami-Dade
County Board of County Commissioners approving an amended and restated interlocal agreement with the County's eligible municipalities.As
adopted by the County,the amended and restated interlocal agreement reestablishes the distribution of proceeds of the local option gas tax for
a 30-year period from January 1, 2024 through December 31, 2053 (see Attachment A).The existing interlocal agreement expires on August
31, 2023,and as such,the County requests that each municipality,including the City of Miami Beach,approve and execute the new interlocal
agreement by August 31,2023 to ensure distribution of proceeds from the local option gas tax.
SUPPORTING SURVEY DATA
N/A
FINANCIAL INFORMATION
Fiscal impact will be revenues to the General Fund.
• FY 2023 Projection—$1,009,000
• FY 2024 Projection—$1,009,000
CONCLUSION
The local option gas tax provides a reliable revenue stream to the City for much needed roadway, right-of-way, and transportation-related
improvements. It is recommended that the Mayor and City Commission adopt the interlocal agreement with Miami-Dade County allowing for
the distribution of local option gas tax proceeds to the City over a 30-year period.
Applicable Area
Citywide
Is this a"Residents Right to Does this item utilize G.O.
Know"item,_pursuant to Bond Funds?
City Code Section 2-14?
No No
Legislative Tracking
Transportation and Mobility
ATTACHMENTS:
Description
❑ Attachment A-Resolution and Interlocal Agreement-Local Option Gas Tax
❑ Resolution
MEMORANDUM
Agenda Item No. 8(G)(1)
TO: Honorable Chairman.Oliver G. Gilbert, III DATE: July 18, 2023
and Members, Board of County Commissioners
FROM: Geri Bonzon-Keenan SUBJECT: Resolution approving amended
County Attorney and restated interlocal agreement
with various municipalities to
reestablish distribution of
proceeds of the six-cent local
option gas tax for the 30-year
period from January 1,2024
through December 31,2053;
authorizing County Mayor to
execute the agreement and to
exercise all provisions contained
therein
The accompanying resolution was prepared by the Office of Management and Budget and placed
on the agenda at the request of Prime Sponsor Vice Chairman Anthony Rodriguez.
A.44.,,,,.A/L.Avz., 6/-
Geri Bonzon-Keenan
County Attorney
GBK/gh
MD,C001
mukro
Memorandum COUNTY iADE
COUNTY
Date: July 18, 2023
To: Honorable Chairman Oliver G. Gilbert, Ill
and Members, Board of County Commissioners
From: Daniella Levine Cava - .4 44-vi_ cbs_
Mayor
Subject: Resolution Approving Amended and Restated Interlocal Agreement for the
Reestablishment and Distribution of the Six-Cent Local Option Gas Tax
Executive Summary
Pursuant to Section 336.025, Florida Statues, local counties are permitted to impose up to a six-cent
local option gas tax (per gallon) of motor and diesel fuels sold in each such county and that are
distributed to the local county and municipalities. The proceeds generated from this can be used
towards transportation purposes, that include funding activities for the Department of Transportation
and Public Works (DTPW) as well as municipal transportation functions. This item approves the
amended and restated interlocal agreement between the County and municipalities that reestablishes
the disbursement formula of the six-cent local option gas tax currently being used to distribute local
option fuel tax proceeds between the County and eligible municipalities for the 30-year period including
January 1, 2024 through December 31, 2053.
Recommendation
It is recommended that the Miami-Dade County (County) Board of County Commissioners (Board)
approve the resolution which includes the amended and restated interlocal agreements that reestablish
the distribution methodology for the six-cent local option gas tax among the County and municipalities
currently being used to distribute local option fuel tax proceeds between the County and eligible
municipalities for the 30-year period including January 1, 2024 through December 31, 2053.
Scope of Agenda Item
The impact of this item is countywide as the six-cent local option gas tax eligible uses include funding
public transportation operations and public works functions. Additionally, this item will allow
municipalities to fund public transportation operations and public works functions.
Fiscal Impact/ Funding Source
The annual fiscal impact associated with a six-cent levy is projected to be$63.764 million in FY 2023-
24 with the County receiving $44.890 million and the municipalities receiving $18.874 million. The
relevied local option gas tax will be imposed January 1, 2024, through December 31, 2053. The
January 1st relevy of the six-cent local option gas tax will create a four month lapse in collections. This
lapse is being accounted for in the FY 2023-24 Proposed Budget so that no budget gaps exist for the
County and municipalities.
Delegation of Authority
This item authorizes the Mayor or Mayor's designee to execute the amended and restated interlocal
agreement with the municipalities and to exercise all provisions contained therein.
Track Record/ Monitor
The Miami-Dade Office of Management and Budget (OMB) will administer and oversee the interlocal
agreements.
MDC002
Honorable Chairman Oliver G. Gilbert, Ill
and Members, Board of County Commissioners
Page 2
Background
State law permits counties to impose up to a six-cent local option gas tax on motor fuel and special
fuels. Miami-Dade County imposed a four-cent local option gas tax on September 1, 1983, and an •
additional two cents were imposed in 1985 bringing the total tax collected to six cents. The current
local option gas tax (Ordinance 93-53)will expire on August 31st, 2023. Miami-Dade County and the
municipalities within the County share approximately $63.764 million generated by the six-cent local
option gas tax. The county and cities rely on this revenue to support their respective roadway/public
transportation expenditures. Permissible uses of the tax are:
a. Public transportation operations and maintenance
b. Roadway and right-of-way maintenance and equipment and structures used primarily for the
storage and maintenance of such equipment
c. Roadway and right-of-way drainage
d. Street lighting
e. Traffic signs, traffic engineering, signalization and pavement markings
f. Bridge maintenance and operations
g. Debt service and current expenditures for transportation capital projects in the above
program areas, including construction or reconstruction of roads
The proceeds from the existing tax are distributed based on a formula in an interlocal agreement
originally established by the parties in substantially the form provided in Resolution No. R-903-98,
which currently allocates 70.4 percent of the net proceeds to Miami-Dade and 29.6 percent to all
eligible incorporated cities. The municipal share is distributed among cities based on a weighing of
population (75 percent) and centerline miles of roadway maintained (25 percent) for each city as
compared to the total population and centerline mile figures for the entire incorporated area. The
County agrees to use its best efforts to spend two-thirds of its share within the incorporated area of
the County.The current County share is approximately$44.890 million programmed for FY 2023-24.
To meet statutory requirements,a majority of the incorporated area population of Miami-Dade County
must enter into the agreements.
•
Edward Marquez
Chief Financial Officer
MDC003
is
Local Option Gas Tax Distribution-Six Cents ATTACHMENT A
. FY 2023-24 Estimated Municipal Distribution @ 95 Percent
Percentage share Percentage
Population Weighted at Centerline Mileage Weighted at of Municipal Share of Total Gas Tax
Jurisdiction Population Percent 75% Mileage Percent 25% Proceeds Proceeds Distribution
AVENTURA 40,350 2.59395 1.94546 13.8 0.44249 0.11062 0.02056 0.00609 388,073
BAL HARBOUR VILLAGE 3,094 0.19890 0.14918 0.0 0.00000 0.00000 0.00149 0.00044 28,160
BAY HARBOR ISLANDS 5,961 0.38321 0.28741 9.0 0.28858 0.07214 0.00360 0.00106 67,872
BISCAYNE PARK 3,112 0.20006 0.15004 17.0 0.54509 0.13627 0.00286 0.00085 54,037
CORAL GABLES 52,014 3.34378 2.50784 242.3 7.76914 1.94229 0.04450 0.01317 839,921
CUTLER BAY 45,545 2.92792 2.19594 89.5 2.86974 0.71744 0.02913 0.00862 549,881
DORAL 81,182 5.21888 3.91416 70.2 2.24930 0.56233 0.04477 0.01325 844,904
EL PORTAL 1,993 0.12812 0.09609 12.5 0.40080 0.10020 0.00196 0.00058 37,050
FLORIDA CITY 14,320 0.92058 0.69043 39.4 1.26217 0.31554 0.01006 0.00298 189,874
GOLDEN BEACH 955 0.06139 0.04605 11.4 0.36553 0.09138 0.00137 0.00041 25,933
HIALEAH 228,206 14.67050 11.00287 356.7 11.43824 2.85956 0.13862 0.04103 2,616,418
HIALEAH GARDENS 23,076 1.48347 1.11260 39.0 1.25050 0.31263 0.01425 0.00422 268,995
HOMESTEAD 83,012 5.33653 4.00239 160.0 5.13058 1.28265 0.05285 0.01564 997,502
INDIAN CREEK VILLAGE 89 0.00572 0.00429 2.2 0.07054 0.01764 0.00022 0.00006 4,133
MEDLEY 1,056 0.06789 0.05092 35.6 1.14148 0.28537 0.00336 0.00100 63,474
MIAMI 459,224 29.52176 22.14132 662.3 21.23752 5.30937 0.27451 0.08125 5,181,101
K MIAMI BEACH 83,618 5.37548 \, 4.03161 125.2 4.01475 1.00369 0.05035 0.01490 950,373
0 MIAMI GARDENS 115,053 7.39632 5.54724 369.2 11.83936 2.95984 0.08507 0.02518 1,605,647
C) MIAMI LAKES 30,905 1.98677 1.49007 71.1 2.28104 0.57026 0.02060 0.00610 388,865
OMIAMI SHORES VILLAGE 11,630 0.74765 0.56074 57.9 1.85651 0.46413 0.01025 0.00303 193,442
-4. MIAMI SPRINGS 13,865 0.89133 0.66850 89.0 2.85371 0.71343 0.01382 0.00409 260,823
NORTH BAY VILLAGE 8,206 0.52753 0.39565 6.2 0.19880 0.04970 0.00445 0.00132 84,047
NORTH MIAMI 60,337 3.87884 2.90913 108.7 3.48569 0.87142 0.03781 0.01119 713,558
NORTH MIAMI BEACH 43,591 2.80230 2.10172 120.0 3.84738 0.96184 0.03064 0.00907 578,230
OPA-LOCKA 16,710 1.07422 0.80567 37.0 1.18637 0.29659 0.01102 0.00326 208,050
PINECREST 18,394 1.18248 0.88686 108.0 3.46293 0.86573 0.01753 0.00519 330,789
SOUTH MIAMI 12,090 0.77722 0.58292 45.6 1.46213 0.36553 0.00948 0.00281 179,003
SUNNY ISLES BEACH 22,756 1A6290 1.09717 7.9 0.25331 0.06333 0.01161 0.00344 219,035
SURFSIDE 5,446 0.35010 0.26258 12.0 0.38477 0.09619 0.00359 0.00106 67,721
SWEETWATER 20,240 1.30115 0.97587 35.3 1.13122 0.28281 0.01259 0.00373 237,570
VILLAGE OF KEY BISCAYNE 14,784 0.95041 0.71281 20.5 0.65732 0.16433 0.00877 0.00260 165,546
VILLAGE OF PALMETTO BAY 25,041 1.60979 1.20734 125.3 4.01700 1.00425 0.02212 0.00655 417,422
VIRGINIA GARDENS 2,376 0.15274 0.11456 6.4 0.20521 0.05130 0.00166 0.00049 31,312
WEST MIAMI 7,313 0.47013 0.35259 12.5 0.40080 0.10020 0.00453 0.00134 85,462
TOTAL-Cities 1,555,544 100.00000 75.00000 3,118.7 100.00000 25.00000 1.00000 0.29600 18,874,223
TOTAL DISTRIBUTION
Total Cities 29.600
Total County 70.400
Grand Total 100.000
SOURCES:
Bureau of Economic and Business Research,University of Florida(2022 population estimate report)https://www.bebr.ufl.edu/wp-content/uploads/2022/12/estimates_2022.pdf
"2021 City/County Mileage Report"-Florida Department of Transportation(https://ftp.fdot.gov/public/folder/nNflAvma106mshfAabOmyQ/City_and_County_Roads)
Miami-Dade Local Option(5 cents)Gas Tax Estimate(at 95%)for Fiscal Year 2023-24,excluding any service charge withheld by the State of Florida
Ir£�oE cou...v
°, ;; MEMORANDUM
oa,
(Revised)
TO: Honorable Chairman Oliver G. Gilbert, III DATE: July 18, 2023
and Members, Board of County Commissioners
(1,4
FROM: •d .onzon Keenan SUBJECT: Agenda Item No. 8(G)(1)
County Attorney
Please note any items checked.
"3-Day Rule" for committees applicable if raised
6 weeks required between first reading and public hearing
4 weeks notification to municipal officials required prior to public
hearing
Decreases revenues or increases expenditures without balancing budget
Budget required
Statement of fiscal impact required
Statement of social equity required
Ordinance creating a new board requires detailed County Mayor's
report for public hearing
VNo committee review
Applicable legislation requires more than a majority vote(i.e.,2/3's
present ,2/3 membership ,3/5's , unanimous , CDMP
7 vote requirement per 2-116.1(3)(h) or(4)(c) , CDMP 2/3 vote
requirement per 2-116.1(3)(h) or(4)(c) ,or CDMP 9 vote
requirement per 2-116.1(4)(c)(2) )to approve
Current information regarding funding source,index code and available
balance, and available capacity(if debt is contemplated) required
MDC005
Approved Mayor Agenda Item No. 8(G)(1)
Veto 7-18-23
Override
RESOLUTION NO.
RESOLUTION APPROVING AMENDED AND RESTATED
INTERLOCAL AGREEMENT WITH VARIOUS
MUNICIPALITIES TO REESTABLISH DISTRIBUTION OF
PROCEEDS OF THE SIX-CENT LOCAL OPTION GAS TAX
FOR THE 30-YEAR PERIOD FROM JANUARY 1, 2024
THROUGH DECEMBER 31, 2053; AUTHORIZING COUNTY
MAYOR OR COUNTY MAYOR'S DESIGNEE TO EXECUTE
THE AGREEMENT AND TO EXERCISE ALL PROVISIONS
CONTAINED THEREIN
WHEREAS, Section 336.025, Florida Statutes, authorizes county governments to levy
various local option fuel taxes upon every gallon of motor fuel and diesel fuel sold in the county
and taxed under the provisions of Part I or Part II of Chapter 206 of the Florida Statutes pursuant
to an ordinance enacted by the Board of County Commissioners; and
WHEREAS, in 1993, the Board of County Commissioners of Miami-Dade County,
Florida("Board"), levied a six-cent($0.06) local option gas tax on every gallon of motor fuel and
diesel fuel sold in Miami-Dade County("1993 Local Option Gas Tax");and
WHEREAS, in 1997, this Board extended the imposition of the 1993 Local Option Gas
Tax that began on September 1, 1993, for a maximum period of 30 years through Ordinance No.
97-156; and
WHEREAS, pursuant to Resolution No. R-903-98, Miami-Dade County and eligible
municipalities entered into an interlocal agreement in accordance with Section 336.025(3)(a)(1),
Florida Statutes, establishing the method of distributing the proceeds of the six-cent($0.06) local
option gas tax within Miami-Dade County for the remainder of the 1993 Local Option Gas Tax's
term; and
MDC006
- Agenda Item No. 8(G)(1)
Page No.2
WHEREAS, the proceeds of the 1993 Local Option Gas Tax have been distributed in
accordance with the terms of that interlocal agreement; and
WHEREAS,by ordinance,Miami-Dade County desires to relevy the six-cent local option
fuel tax authorized by Section 336.025(1)(a), Florida Statutes for the 30-year period including
January 1,2024 through December 31, 2053; and
WHEREAS, Miami-Dade County and various municipalities representing a majority of
the population of the incorporated areas of Miami-Dade County desire to amend and restate their
current interlocal agreement in order to reestablish the distribution formula currently being used
to distribute local option fuel tax proceeds between the County and eligible municipalities for the
30-year period including January 1, 2024 through December 31,2053,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MIAMI-DADE COUNTY,FLORIDA,that this Board:
Section 1. Approves the Interlocal Agreement between Miami-Dade County and various
municipalities representing a majority of the population of the incorporated areas of Miami-Dade
County reestablishing the distribution formula currently being used to distribute local option fuel
tax proceeds between the County and eligible municipalities for the 30-year period including
January 1, 2024 through December 31, 2053, in substantially the form attached hereto and made a
part hereof.
Section 2. Authorizes the County Mayor or the County Mayor's designee to execute the
Agreement, for and on behalf of Miami-Dade County after proper execution by all municipalities
that are parties thereto and to exercise all provisions contained therein.
MDC007
Agenda Item No. 8(G)(1)
Page No. 3
The foregoing resolution 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:
Oliver G. Gilbert, III, Chairman
Anthony Rodriguez,Vice Chairman
Marleine Bastien Juan Carlos Bermudez
Kevin Marino Cabrera Sen. Rend Garcia
Roberto J. Gonzalez Keon Hardemon
Danielle Cohen Higgins Eileen Higgins
Kionne L.McGhee Raquel A.Regalado
Micky Steinberg
The Chairperson thereupon declared this resolution duly passed and adopted this 18th day
of July, 2023. This resolution shall become effective upon the earlier of(1) 10 days after the
date of its adoption unless vetoed by the County Mayor,and if vetoed, shall become effective only
upon an override by this Board, or (2) approval by the County Mayor of this resolution and
the filing of this approval with the Clerk of the Board.
MIAMI-DADE COUNTY,FLORIDA
BY ITS BOARD OF
COUNTY COMMISSIONERS
JUAN FERNANDEZ-BARQUIN, CLERK
By:
Deputy Clerk
Approved by County Attorney as G J,
to form and legal sufficiency. }
Gerald K. Sanchez
MDC008
INTERLOCAL AGREEMENT
THIS AMENDED AND RESTATED AGREEMENT entered into this_day of_2023,
by and between Miami-Dade County, Florida, a political subdivision of the State of Florida and
municipalities representing a majority of the population of the incorporated area of Miami-Dade
County.
WITNESSETH
WHEREAS, Section 336.025, Florida Statutes, authorizes county governments to levy
various local option fuel taxes upon every gallon of motor fuel and diesel fuel sold in the county
and taxed under the provisions of Part I or Part II of Chapter 206 of the Florida Statutes pursuant
to an ordinance enacted by the Board of County Commissioners; and
WHEREAS, in 1993, the Board of County Commissioners of Miami-Dade County,
Florida("Board"), levied a six-cent($0.06) local option gas tax on every gallon of motor fuel and
diesel fuel sold in Miami-Dade County("1993 Local Option Gas Tax");and
WHEREAS, in 1997, this Board extended the imposition of the 1993 Local Option Gas
Tax that began on September 1, 1993, for a maximum period of 30 years through Ordinance No.
97-156; and
WHEREAS, pursuant to Resolution No. R-903-98, Miami-Dade County and eligible
municipalities entered into an interlocal agreement in accordance with Section 336.025(3)(a)(1),
Florida Statutes, establishing the method of distributing the proceeds of the six-cent($0.06) local
option gas tax within Miami-Dade County for the remainder of the 1993 Local Option Gas Tax's
term; and
WHEREAS, the proceeds of the 1993 Local Option Gas Tax have been distributed in
accordance with the terms of that interlocal agreement; and
1
MDC009
WHEREAS, by ordinance,Miami-Dade County desires to relevy the six-cent local option
fuel tax authorized by Section 336.025(1)(a), Florida Statutes, for the 30-year period including
January 1, 2024 through December 31, 2053; and
WHEREAS, Miami-Dade County and various municipalities representing a majority of
the population of the incorporated areas of Miami-Dade County desire to amend and restate their
current interlocal agreement in order to reestablish the distribution formula currently being used
to distribute local option fuel tax proceeds between the County and eligible municipalities for the
30-year period including January 1, 2024 through December 31, 2053,
NOW,THEREFORE,in consideration of the covenants contained herein,the receipt and
adequacy of which are hereby acknowledged by all parties hereto, it is agreed as follows:
1. This amended and restated agreement shall become effective upon its approval by
the governing bodies of the County and of municipalities representing a majority of the population
of the incorporated area of Miami-Dade.
2. The distribution formula described in the original interlocal agreement provided in
County Resolution No. R-903-98 has governed local option gas tax distributions for FY 1999-
2000 and each subsequent fiscal year for the entire term of the "1993 Local Option Gas Tax", as
defined in Article IX, Chapter 29 of the Code of Miami Dade County, Florida, as amended.
3. The parties desire to have that same distribution formula govern gas tax
distributions for any local option gas taxes relevied by Miami-Dade County pursuant to Section
336.025(1)(a), Florida Statutes, for the 30-year period including January 1, 2024 through
December 31, 2053.
4. Currently,Miami-Dade County has imposed and levied a local option gas tax of up
to six cents, the net proceeds thereof had been previously allocated on the basis of 70.4 percent
2
MDC010
(the "County portion") to the County and 29.6 percent (the "municipal portion") to all eligible
incorporated. municipalities in Miami-Dade County, Florida pursuant to Section 336.025(6),
Florida Statutes. Net proceeds shall mean local option gas taxes collected by the Florida
Department of Revenue ("DOR") less the amount retained by the DOR for administration as
provided under Florida law.
5. The municipal portion of the local option gas taxes shall be distributed among the
eligible incorporated municipalities in Miami-Dade County, Florida, based on a formula as
follows:
a. Seventy-five percent based upon the ratio of the population of each eligible
incorporated municipality compared to the total population of all eligible
incorporated municipalities in Miami-Dade County; and
b. Twenty-five percent based upon the ratio of total centerline miles of roadway
maintained by each eligible incorporated municipality compared to the total
centerline miles maintained by all eligible incorporated municipalities in Miami-
Dade County.
6. In the event that an eligible municipality annexes an area of unincorporated Miami-
Dade County or a newly incorporated municipality becomes eligible for participation in the
distribution of local option gas tax proceeds, the distribution shall be set in accordance with the
formula in Sections 5(a) and 5(b), in which case the County's Unincorporated Municipal Service
Area("UMSA") share will be reduced by the proportionate reduction in population and roadway
centerline miles, and provided to the municipal portion with the County and municipal shares
adjusted accordingly. For calculation purposes, the UMSA share of the County's portion shall be
defined as 20 percent of the original 74 percent County share of the 1993 Local Option Gas Tax,
3
MDC011
as described in Section 29-79 of the Code of Miami-Dade County, Florida. The County's portion
of the local option gas tax shall never be less than 80 percent of the original 74 percent share(59
percent of the total net proceeds distributed by the state).
7. Population figures used shall be the figures used to determine the annual
distribution of the half cent local government sales tax pursuant to Section 218.60(1)(a), Florida
Statutes. Centerline mile figures shall be based upon yearly figures submitted by each municipality
to the Department of Financial Services in their Annual Financial Report and recorded by the
Florida Department of Transportation as required by Section 218.32, Florida Statutes. The
population and centerline mile figures shall be updated annually with data current as of June 1 of
each year.
8. Miami-Dade County will use its best efforts to spend two thirds of the County
portion on transportation expenses within the incorporated municipalities.
9. The percentages for distribution shall be calculated by the County annually.By July
1 of each year, the County shall notify all municipalities and the appropriate state agencies of the ,
percentages for distribution of LOGT proceeds among the municipalities for the upcoming annual
period commencing January 1.The percentage for distribution of local option gas tax proceeds to
any city whose current population or centerline mile figures are not available shall be determined
by the County based on the most recent available population and/or centerline mile figures reported
to the state. In the event that either the population figures and/or the centerline miles are proven to
be incorrect for any given municipality in any given year, the correction to the percentage
distribution will be made in the subsequent year gas tax distribution calculation.
10. Pursuant to Section 336.025(5)(b), Florida Statutes, disputes regarding the
percentage of distribution to any municipality hereunder shall be resolved through an appeal to the
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Administration Commission in accordance with procedures developed by the Commission.
Pending final disposition of such proceedings, the tax shall be collected and such funds shall be
held in escrow by the Clerk of the Circuit Court of the County until final disposition is made.
11. The net proceeds of local option gas taxes shall only be used for "transportation
expenditures," as defined by Section 336.025(7), Florida Statutes.
12. In the event that a significant shift of responsibility for regional transportation
services occurs between the County and the municipalities, this interlocal agreement may be
renegotiated by the mutual consent of the County and the municipalities representing a majority
of the population of the incorporated area of Miami-Dade County.
IN WITNESS WHEREOF,the parties have caused this Amended and Restated Interlocal
Agreement to be executed by their respective and duly authorized officers as of the date written
above.
ATTEST:
JUAN FERNANDEZ-BARQUIN, MIAMI-DADE COUNTY,FLORIDA
CLERK
By:
DEPUTY CLERK By:
Name:
Title:
ATTEST:
ATTEST:
By:
By:
ATTEST:
ATTEST:
By: By:
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