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Miami
What Does
‘Unanimous’ Mean?
City Attorney’s
Office to analyze word’s legal definition for DDA
By Erik Bojnansky
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The
state believes Miami’s Downtown Development
Authority is improperly charging downtown property
owners $500,000. File photo by Richard M. Brooks
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The
Miami City Commission narrowly approved a resolution
allowing the Office of the City Attorney to, among other
things, analyze the proper definition of the word
“unanimous.”
At stake is $500,000 in taxes that
the Florida Department of Revenue believes is being
improperly charged to downtown Miami property owners.
The reason: The governing body of
the Downtown Development Authority, the Miami City
Commission, did not unanimously approve a special
property tax charged to downtown property owners.
Instead, it passed the measure with a 4-0 vote in March.
Commissioner Tomas Regalado was absent during that vote.
“If you do not choose to remedy the
noncompliance, the Department will finalize its
determination that the requirement for a vote by the
full membership of the governing body was not met and
report such determination to the Legislature,” Lisa
Echeverri, executive director of the Department of
Revenue, wrote in a Dec. 24 letter to the city of Miami.
Neisen Kasdin, the vice chair of
the DDA, said the money has already been earmarked
within the organization’s $6.8 million budget. “It puts
more money out on the street,” he said.
The Department of Revenue also
believes that the DDA, created to promote economic
development in downtown Miami, is an “independent
special district,” meaning its special assessment needs
to be approved unanimously by its 15-member board.
Commissioner and DDA Chair Joe
Sanchez said it is impossible for any budget to be
approved by the DDA under such an interpretation. “We
can’t comply with this Florida statute,” he said.
But Commissioner Tomas Regalado did
not understand why the city would use its resources to
deprive downtown Miami taxpayers of a refund. “If the
city loses, the property owners get back $500,000,” he
said.
Assistant City Attorney Veronica
Xiques replied that Florida statutes were unclear on the
definition of “unanimous,” as well as what would happen
to the funds if the state rules that the DDA is not
entitled to them.
The resolution, which authorized
the city attorney to take “all legal action necessary”
to “declare the city of Miami’s and the Downtown
Development Authority’s rights,” was approved 3-2.
Voting for the resolution: Commissioners Angel Gonzalez,
Michelle Spence-Jones and Sanchez. Voting against:
Commissioner Marc Sarnoff and Regalado.
Comments? E-mail
erik@miamisunpost.com. |