§ 25-322. Legislative findings.

The Board of County Commissioners of Orange County, Florida, hereby makes the following legislative findings and declares them to be, in part, the legislative, legal, and public policy bases for the enactment of this article:

(1)

It is necessary and desirable to promote and protect the health and safety of the traveling public in Orange County and maintain and improve the quality of life and economic prosperity of the citizens of Orange County by providing road and transportation facilities for the citizens and visitors of the county.

(2)

Orange County Chairman Richard T. Crotty convened the county chairman's transportation commission, consisting of active and knowledgeable citizens and leaders of business, governmental, academic, civic, social and professional organizations, to study the transportation needs of the county. The commission identified a need for additional capital to construct road and other transportation facilities in Orange County and considered a wide range of options for additional revenue. At the conclusion of its deliberations, the commission issued its report, entitled "Mobility 20/20—The Orange County Transportation Mobility Initiative." Among other things, the report recommended the levy of a half-cent (½) sales tax.

(3)

F.S. (2002) § 212.055(2), authorizes the levy of the local government infrastructure surtax at the rate of one-half of one (0.5) percent, subject to the approval of the electors of the county in a referendum, to finance, plan, and construct infrastructure, and to acquire land for public recreation or conservation or protection of natural resources.

(4)

F.S. § 212.055(2) authorizes the proceeds of the sales tax to be distributed and disbursed among a county and the municipalities within the county in accordance with an interlocal agreement entered into between the county and the municipality or municipalities representing a majority of the municipal electors in the county.

(5)

The levying of a discretionary sales tax in Orange County at the rate of one-half of one (0.5) percent, with the tax revenues to be distributed and disbursed among the county and several municipalities within the county, with portions of the county's share to be disbursed further to certain transportation agencies, all to pay the cost of acquiring, financing, planning, and constructing transportation infrastructure (and to mitigate the environmental impacts thereof), will relieve certain material deficiencies now existing in the transportation system in Orange County.

(6)

The approval of a discretionary sales tax by the electors of the county, if it occurs, will be granted in large part because the voters are confident that the proceeds will be used (i) only to fund transportation projects that promote and protect public safety and preserve and enhance the quality of life and general economic prosperity in the county and (ii) only with regular reports of all expenditures and the status of all funded projects to be provided to an independent citizens group, which in turn will report at least annually to the public, to assure that the proceeds are used only to fund those projects included or contemplated in an approved project list.

(7)

The diverse community organizations and citizens who support the levy of a half-cent (½) sales tax have voiced their concern that the proceeds be responsibly and prudently managed by the various government agencies that would receive the funds and have also voiced support for the creation of an independent board of citizens to monitor the use of the proceeds. In response to this concern the board of county commissioners has, contemporaneously with enactment of this article, enacted Ordinance No. 2003-06 which establishes.

i.

The Orange County Citizens' Transportation Oversight Board (the "oversight board") to monitor, scrutinize, and provide recommendations with respect to the use of the proceeds of the sales tax; and

ii.

The Orange County Mobility 20/20 Governing Board (the "governing board"), which consists of the county chairman, all county commissioners, and the mayor and the first mayor "pro tem" of the City of Orlando, and which will review and approve or disapprove proposed changes to transportation projects to be paid for with sales tax funds; and

iii.

The Orange County Transit Board (the "transit board"), which consists of the county chairman, the mayor of the City of Orlando, and the Secretary of District 5 of the State of Florida Department of Transportation, which will create, implement, and manage a transit systems plan and will determine and oversee which governmental agency or agencies will construct, operate, and maintain improvements to implement and manage the transit systems plan, and which will recommend additions and deletions of and material changes to, and otherwise determine the priorities for, transit and freight-train-mitigation projects to be paid for, in whole or in part, with sales tax proceeds.

(Ord. No. 2003-05, § 2, 5-20-03)