Loading...
134-2001 LTC CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH. FLORIDA 33139 http:\\ci.miami-beach.fl.us L.T.C. No.!3L{~8~ I LETTER TO COMMISSION June 18,2001 TO: Mayor Neisen O. Kasdin and Members of the City Commission Jorge M. Gonzalez /I Do.(... City Manager 9"'~ FROM: SUBJECT: GUBERNATORIAL VETOES The 2001 State Legislative Session concluded at the beginning of May with funding for several projects in the City of Miami Beach included in the State Budget. After the Legislature passed the budget, it then went to the Governor. Using his line-item veto power, the Governor erased nearly $300 million from the State Budget that takes effect on July 1,2001, including one of the City's priority items that the Legislature had approved for Miami Beach. Attached, please find the Governor's veto message. The City's priority items that survived in the budget included a cultural facilities grant of $495,000 for the Botanical Gardens, a $50,000 emergency operations grant, and $100,000 for the Flamingo Park tennis courts. Additionally, a $100,000 cultural projects appropriation for the Miami Beach Holocaust Memorial survived intact. The item that was vetoed by the Governor was $100,000 for roadway enhancements to 16th Street. This project was originally submitted as a grant to the Transportation Outreach Program (formerly known as "Fast Track", and was successfully inserted into the budget by the City's legislators. The Governor also vetoed $25,000 for Prime Time Seniors and $227,188 for the Jewish Community Services - Miami Beach Senior Center. In order to overturn a veto by the Governor, a special session of the Legislature must be called in June since the budget takes effect on July 1. The only people who can call a special session are the Governor, the President ofthe Senate, and the Speaker of the House. Our lobbyists have advised us that it is unlikely that a special session will be called. JMG:CMClkc Attachment June] 5,2001 The Honorable Katherine Harris Secretary of State PL 02, The Capitol Tallahassee, Florida 32399 Dear Secretary Harris: By the authority vested in me as Governor of Florida, under the provisions of Article III, Section 8, of the Constitution of Florida, I do hereby withhold my approval of portions of Senate Bill 2000, enacted during the 33rd Session of the Legislature of Florida convened under the Constitution of 1968. during the Regular Session of2001, and entitled: An act making appropriations; providing moneys for the annual period beginning July I, 200 I, and ending June 30, 2002, to pay salaries, and other expenses, capital outlay - buildings, and other improvements, and for other specified purposes of the various agencies of State government; providing an effective date. Senate Bill 2000 accomplishes much for Florida. With Florida moving toward a seamless, student centered approach to education, the Legislature continued to dedicate a third of the total state budget to education priorities. The education reforms that have been implemented over the last few years have been focused on improving student achievement and ensuring that our children receive a quality education. Florida's school districts have met the challenge and have increased student achievement significantly in three short years. For the 2000-2001 school year 41 percent of our schools are rated A or B schools, compared to 21 percent in 1998-1999. During the 200(}.2001 school year there are five times as many A graded high schools than there were during the 1999-2000 school year. The Legislature's steadfast commitment to K- 12 education over the last three years has been evident through reform and by funding this reform. The 2001-2002 budget provides an increase of$201 per student, for a total of$739 million, for K-12 public school operations. This represents a 6.3 percent increase in the Florida Education Finance Program and follows appropriated increases of $223 per student in 1999-2000 and $280 per student in 2000-2001. In keeping with our commitment to help school districts address growth and reduce class size, the Legislature also appropriated $203.5 million to assist districts with new classroom construction. The budget also provides additional resources for university enrollment growth, as well as funding for community college development and expansion of degree programs targeted on high demand occupations which provide a high return on investment to the local economy. These additional programs will allow our community colleges to contribute toward economic development and meet growing workforce training needs for high-skill and high-wage jobs. Honorable Katherine Harris June] 5,2001 Page 2 of 52 Facilities ehallenge grants are an important means of leveraging state funds by matching private donations. Currently, the review process for these projects is driven primarily by the resources available to meet construction costs with little regard to other considerations such as each project's total construction costs, annual operating budget, or the importance of the project in the institution's mission and overall Campus Master Plan. In the future, my office will work with the Universities and Legislature to ensure that projects are in alignment with institutional priorities, address core missions, and meet the highest standards of financial accountability through detailed long range planning. With the assistance of community based care organizations and the Florida Legislature, during my first two years in office we have been able to provide record levels of new funding for health and human services programs. With these new funds, we have focused on rebuilding Florida's ailing child welfare system, providing a full range of services to our developmentally disabled citizens and their families, providing health insurance for nearly all of the state's low and moderate income children, and providing home and community based services to our elders so they can remain in their homes and communities and avoid institutional care. As a result of these dramatic funding increases and program improvements, we are creating a better future for our most vulnerable Floridians. My administration, with the support of the Florida Legislature, is moving quickly toward a brighter vision of how to compassionately serve Florida's most vulnerable citizens. Using a community-based care model, our government is now emphasizing choices, families and communities and targeting state resources to provide services rather than expanding bureaucracy. SB 2000 continues our policy of enhanced funding for critical health and human services needs. The bill increases total spending for health and human services to $16.9 billion next year, an increase over the last 3 years of $4.5 billion, or 36 percent. These new funds support a variety of critical services for Florida's most vulnerable. As of May 2001, a record 1.2 million Florida children were receiving health insurance coverage through Florida KidCare and Medicaid. This represents more than 81 percent of all children eligible for these programs. Over the last three years, the number of children participating in Florida's Kidcarc program has expanded by 432,000 children, an increase of 56 percent. More than 36,000 developmentally disabled Florida residents now have access to the full range of needed services. When I was first elected, the number of developmentally disabled Floridians being fully served was less than 10,000. Our new state budget includes an additional $78 million for this program, sufficient funding to serve another 6,700 developmentally disabled persons who are expected to request services by July 1,2002. These new funds. when added to the base, are sufficient to fully serve 42,000 developmentally disabled persons by July 2002, more than a four-fold increase in three years. During the last 3 years. state funding for developmental services has increased by 74 percent for a total of$886 million. Our developmentally disabled citizens are now more appropriately and efficiently served in their homes and communities based upon decisions made by themselves and their families. SB 2000 also lives up to our commitment to expand funding for alternatives to institutional care so our elders can age at home or in their communities. The bill reflects that commitment by providing $48 million in new funds for long term care community-based options. These new funds are sufficient to Honorable Katherine Harris June 15, 200 I Page 3 of 52 serve an additional 10,000 elders or their care givers who receive services through the Older Americans Act, including respite services and additbnal supportive services such as counseling, adult daycare, transportation, and meals. This brings the total increase in funding for long term care alternatives over a three-year period to $]22 million - a growth of 51 percent. The Legislature also provided $76 million in new funding this year to ensure that the care provided in nursing homes is of the highest quality. This funding will improve the quality of nursing home care by increasing staff-to-resident ratios, improving staff training, and changing employee benefits aimed at decreasing staff turnover. Quality of Care visits to nursing homes will also increase from the current annual to quarterly visits. SB 2000 continues our commitment to reform Florida's child welfare system by providing $84 million in expanded child welfare funding, a ] 0 percent increase over current year funding. These new funds will be used to continue our efforts to protect children and move to a system of community-based care. Included in this new funding is $10 million for a new grant program to assist communities in caring for children at risk of abuse and neglect. Over the last 3 years, funding for child welfare programs has grown by $385 million. a 95 percent increase. Specific appropriation 227 contains prov iso language which attempts to eliminate participation by local governments in the funding of Kidcare. Since this proviso contains no dollar amount, it is not available for veto. However, this proviso contradicts s. 624.91(4)(b)2. and 15., Florida Statutes, which delegates authority to determine local match to the Board of Directors of the Florida Healthy Kids Corporation. Because this proviso language attempts to change or amend substantive law, I believe it violates Article III, Section 12 of the Florida Constitution, and have asked my legal office to take action to judicially void this language. Kidcare should be a true partnership between federal, state and local governments. I encourage the Healthy Kids Board to adopt a local match policy which provides fcc an equitable contribution by all counties but provides a reduced funding amount for counties which are economically deprived. The Florida Legislature and I have worked together to adopt public-safety reforms such as 10-20-Life, the Three-Strike Violent Felony Offender Act, and the Habitual Juvenile Offender Accountability Act. These initiatives and related laws passed during 1995-1997 have successfully reversed the lenient and disastrous crimina~justice policies of the early 1990's. Thanks to these policies and the dedicated efforts of professional local and state law enforcement, Florida's 2000 "Index Crime" rate was the lowest in 28 years. The 2000 index-crime rate. based on murder. forcible sex, robbery. aggravated assault. burglary. larceny ana 1110101 ,cmcle theft, dropped III percent SIlICC January I, I 'N~. Ims lw<>-year aeclme m index-crime rates is the steepest ever recorded by the Florida Department of Law Enforcement (FDLE). Violent gun crimes have continued to decline since 10-20-Life became law and was the focus of a $1.3 million public awareness campaign. In 1998, the FDLE reported over 31,600 violent gun crimes. That year. I advocated 10-20-Life as a centerpiece of my campaign platform. In 1999, the Florida Legislature enacted this law and funded a campaign to advertise the law's tough mandatory sentences of 10 years up to life in prison. The results are in: The violent-gun crime rate in 2UOO declined by 26.4 percent compared to 1998. In April 2001,1 said, "the certainty of punishment provided in the 1 0-20-Life era is reducing and preventing violent gun crimes" Honorable Katherine Harris June] 5,2001 Page 4 of 52 Felons in state prison are now serving 82 percent of their sentences. Prisoners convicted of committing crimes after October I, 1995 will serve at least 85 percent of their prison sentence. Florida crime rates have declined because violent and repeat offenders are serving much longer sentences in prison. My "tough-love" juvenile-justice initiative, supported by the 2000 and 2001 Legislatures, is working to reduce juvenile crime in Florida. This initiative includes increased funding for more residential commitment facilities to increase the average length of stay of juvenile offenders, increased funding for mental-health treatment of committed juveniles, focused funding for juvenile prevention efforts, and tougher juvenile-sentencing laws. In 2001, Department of Juvenile Justice Secretary William Bankhead reported, "the 'tough love' approach to juvenile crime is paying public safety dividends. We are seeing strong results in 2000 compared to 1999, with a 7.1 percent drop in juvenile arrests for the most serious offenses." The Legislature and I are working together to reduce illegal drug use by 50 percent by 2005. We have reversed Florida's drug-use trends among 12 to 17 year olds, going from third worst to third best as measured by the National Household Survey on Drug Abuse. The Legislature has implemented my Drug Control Strategy recommendation by passing the Seaport Security Bill and has expanded drug courts into every circuit in the state. In the 2001-02 state budget, the Legislature demonstrated their commitment to public safety by approving many of my budget recommendations, including a significant increase of the pay and benefits for the men and women who serve on the front lines of public safety as law-enforcement officers. In addition, the Legislature continued to fund improved crimina~ justice policies recommended in my budget. We are a state that is blessed with abundant water resources of approximately 7,700 freshwater lakes, more than 1,700 streams including 64 rivers, 3 million acres of wetlands, and 33 first magnitude springs. Florida's tremendous growth and continuing urbanization are straining our water resources. The Florida DepaJ:tment of Environmental Protection estimates that approximately 500 of our surface water bodies are in need of restoration to meet the surface water quality requirements of the Federal Clean Water Act. Last year, recognizing the need to implement a better water policy for Fbrida, we began a concerted effort to focus limited resources on Florida's top environmental priorities. Through the Water Advisory Panel, the Legislature funded and I approved a record $143 million for surface water and wastewater projects. This year, once again, I am pleased to recognize that the Legislature has made a major funding commitment for enhanced water restoration efforts. The Everglades remains at the top of Florida's priority list. Working with the Legislature, we have achieved unprecedented success in passing state and federal legislation to provide critical funding to implement the Comprehensive Everglades Restoration Plan approved by Congress in December 2000. Florida has demonstrated its readiness, willingness and ability to carryout this vital ecosystem protection and restoration undertaking. I am proud of Florida's $205 million cash commitment over the last two years. Another accomplishment is the Florida Springs Initiative. Florida's largest freshwater springs are among our most precious and unique natural wonders, yet the springs are suffering from increasing pollution threats, excess nutrients, effects of drought, and in some cases overuse. The $2.5 million Florida Springs Honorable Katherine Harris June 15,2001 Page 5 of 52 Initiative will provide better scientific information and produce action plans to protect and restore our unique freshwater springs. In addition, Florida was one of the first states to put programs in place to protect our water resources from underground and above ground petroleum storage tanks. More than 92 percent of the fresh drinking water in Florida is from groundwater sources - a fact that requires stringent protection of groundwater sources. Over the last three years, $350.8 million has been provided for the Petroleum Cleanup Program, giving Florida me of the most progressive and strict petroleum contamination prevention and cleanup piOgrams in the nation. Florida's rich diversity and abundance of plant and animal species makes it unique. This diversity and abundance brings with it a responsibility to protect and preserve the diversity, maintain the abundance, and prevent extinction. Manatee protection and its impacts on the boating public are important issues facing Florida. On October 19, 2000, I convened a summit to examine manatee protection strategies including the regulation and enforcement of speed zones, sanctuaries, and boating access. The summit concluded with several recommendations, including an increase in the number of law enforcement officers, to help keep our waters safe. This year the budget provides 25 new law enforcement officers to protect human lives and improve protection of marine and estuarine species, including the manatee. Finally, this year the Legislature passed the historic Florida Election Reform Act of200J. Thanks to this reform, Florida will have an electoral system that will not only be the envy of the nation, but also the world. The election reforms received overwhelming support in the Legislature, passing by 12(}.0 in the House and by 38-2 in the Senate. This budget includes $20 million in funding to implement these reforms. Miami Herald: Dade cities stress upside to tapered state funding Classifieds SI'loppinq Featuro:d con: mffami.com LOCill Guide: LOOKING FOR NEWS ARCHIVES? Miami Herald .. Local/State .. NationlWorld .. Business to Living & Arts to Opinion to Sports .. Search/Archives .. Classifieds .. Services Chann()!s .. Autos & Driving .. Business & Money .. Careers .. Cities & Neighborhoods .. Community .. Computers & Internet .. Education .. Entertainment & Dining .. Family & Kids .. Government .. Health .. Hobbies & Pets .. News & Media .. Page 1 of3 mDwaukee art museum " the ematrav Click here to visit other ~ sites Travc:,l Health Yellow Pages Maps & Dircctions Iltt :!Miami Htratb Sports i Cars i Real Estate Local Forecast & More Weather ~ Site Tools I "'1 E-MAIL TO A FRIEND ~ PRINT THIS STORY See Also .. Miami-Dade Obitua .. Broward Obituaries .. Calendar .. Real Estate Transa Miarni Herald Entortainment Monday, June 18, 2001 News High 900F Low 74QF Published Sunday, June 17, 2001 Dade cities stress upside to tapered state funding Despite cuts, some municipalities are happy with the money they'll receive. BY EUNICE PONCE eponce@herald,com While Gov. Jeb Bush's decision last week to veto nearly $300 million in local projects from the state budget wasn't welcome news to governments in Miami-Dade County, some city officials say they're happy with the money they did get. West Miami lost out on $1 million in state money for its once-struggling sewer fund, but the city doesn't have anything to worry about for at least 18 months, Mayor Carlos Dlaz-Padron said, That fund is in the black, and so is the city's budget, he said. "Because we have secured funds in the past, right now, today, no, there is no problem. But if we don't go out and immediately start seeking alternate funds, in 18 or 24 months, we will have an issue. That type of money is not easy to find," he said. Diaz-Padron and Rebeca Sosa, West Miami's former mayor and now a county commissioner serving the same area, both point to Bush's approval of substantial state money to alleviate flooding as the upside to his budget decisions. West Miami is usually one of the hardest-hit areas when heavy rains come to South Florida. Diaz-Padron and Sosa think Bush got the picture when he toured the city's river- like streets in a Humvee following Octobe~s torrential rains. "The governor understood our needs and he didn't veto that funding, and we are very happy," Sosa said. "We will http://www.miami.comlhera1d1content/news/local/dade/digdocs/006526.htm Colutnnists " Liz Balmaseda .. Steve Bousquet " Joan Fleischman " Fred Grimm " Carl Hiaasen .. Claire Mitchel " Beth Reinhard to Robert Steinback lV1iarni~Oade Neighb " Beaches " East to North Central " North I> Northwest " South I> West 8({YNdrd E:<tremoly " Cooper City! Davie! Southwest Ranche " Hallandale Beach! Park " Hollywood! Dania " Miramar I> Plantation/ Sunrise .. Pembroke Pines " Weston .. F eatu res F:(::~~a{;c;d features " Special Reports " Events calendar .. Seven-Day Archive 06/18/2001 Miami Herald: Dade cities stress upside to tapered state funding Real Estate & Home "" Shopping & Classifieds "" Sitios en espanol "" Sports & Recreation "" Travel & Visitors continue working with his office on the [sewer] part." South Miami City Manager Charles Scurr has similar feelings. The city had five projects in the mix -- three were approved, two were not. The city will get $1 million each for its storm- water utility and drinking water project, aimed at connecting residents on well water to county water sources. Bush also approved $200,000 for improvements at Murray Park in the city's underdeveloped areas. Falling under the veto ax were $300,000 for affordable housing and about $161,000 for a mobile emergency command center -- a motor-home-style vehicle that would have carried computers, police radios and other communication equipment so city staff could visit troubled areas and help other cities during emergencies such as floods or hurricanes. "We did pretty good; $2.2 million for us is just wonderful," Scurr said, adding that efforts to create affordable housing in the city weren't going to stop because the state money didn't come in. "This is not one of those where the program's going to have to close or anything," he said. Miami Beach Assistant City Manager Christina Cuervo registered a little more disappointment, though. The city was counting on $100,000 for road improvements to 16th Street, which connects Alton Road and Collins Avenue, two state roads. It is part of a larger plan to improve transportation citywide. "This [grant application] was tailored to meet the requirements of the application process," she said. . 'We're obviously disappointed, knowing that we're a barrier island and we have a limited number of avenues for improvement. There is less money, so there will be less improvements we can perform at this time." Cuervo said other grants were approved for cultural facilities, however. On the school scene, the veto of $1 million for computers for D- and F-rated schools won't be hitting the Miami-Dade school district too hard, said spokesman Alberto Carvalho. "Now, we have a 5-to-1 ratio of students to computers distrlctwide," Carvalho said. "[The veto] will have a moderate to slight Impact. .. As a district, we have a very active technology program, and we have reduced very significantly the number of schools that are not performing adequately," he added. http://www.miami.comlheraldlcontent/news/local/dade/digdocs/006526.htm Page 2 of3 Seven-Day Archive "" Feedback On Miami.com l> UrbanEyes l> Gay South Florida "" Jewish Star Times l> Florida Keys Keyn "" Upper Keys Repor l> Residents' Guide l> Visitors' Guide 06/18/200 I