Loading...
LTC 31-2002 .... '" CITY OF MIAMI BEACH Office of the City Man~.ger Letter to Commission No, 3/ -j?(){)2 ./ m To: From: Honorable Mayor David Dermer and Members of the City Commission Jorge M. Gonzalez , . ^~ City Manager j~' U Florida Legislative Session Update Date: February 5, 2002 Subject: Attached, please find two Weekly Legislative Reports provided by the City's representatives in Tallahassee. The reports are for the periods of January 21 - 25 and January 28 - February 1, the first two weeks of the Regular Session of the Florida Legislatu re. In addition to the items described in the reports, the Administration is currently reviewing the following proposed legislation: SB 938 (sales and use tax) SB 1106 (sales and use tax exemptions) HJR 833 (municipally owned property) S8 1956 (economic development) HB 1231 (regional cultural facilities) SB 1472 (warning flags on beaches) SB 1906 (development orders) SB 2178 (special assessments) SB 964 (electrical and alarm system contractors) SB 428 (adult entertainment establishments) HB 467 (drug free zones) SB 1022 (penalties for assault of Parks and Recreation employees) HB 635 (Tourism Industry Recovery Act) HB 217 (School Service Accountability Act) Please feel free to contact me with any comments or questions. 1.J\tc ~ JMG\CMC\KC c: Murray Dubbin, City Attorney Christina M. Cuervo, Assistant City Manager Kevin Crowder, Economic Development and Legislative Affairs F:\DDHP\$AlL\KEVIN\CorrespondencelL TC Week Two Session 2002.doc A .. RUTLEDGE, ECENIA, PURNELL & HOFFMAN PROFESSIONAL ASSOCIATION ATTORNEYS AND COUNSELORS AT LAW STEPHEN A. ECENIA KENNETH A, HOFFMAN THOMAS W. KONRAD MICHAEL G, MAIDA MARTIN P. McDONNELL J. STEPHEN MENTON POST OFFICE BOX 551. 32302-0551 215 SOUTH MONROE STREET, SUITE 420 TALLAHASSEE, FLORIDA 32301-1841 R, DAVID PRESCOTT HAROLD F. X. PURNELL GARY R. RUTLEDGE TELEPHONE (850) 681-6788 TELECOPIER (850) 681-6515 GOVERNMENTAL CONSULTANTS MARGARET A. MENDUNI M. LA"'E STEPtiE"'S .' ............-.,.,. MEMORANDUM I To: Mayor David Dermer City Commissioners and City Manager Gonzalez City of Miami Beach Via: Facsimile to Kevin Crowder (hard copy to follow) From: Gary Rutledge Fausto Gomez Bob Levy Manny Reyes Margie Menduni Date: January 25, 2002 RE: Weekly Legislative Report The Florida Legislature has completed its first week of the Regular 2002 Session. We provided you a pre-session report dated January 7, 2002 and will report on a weekly basis during Session as to activity which occurred during the week on priority issues and other issues of interest to the City. Living Wage Representative Bense has filed HB 859, which prohibits local governments from requiring employers to pay a minimum in excess of the federal minimum wage. The bill does provide an exemption for local governments relative to its own employees and relative to contracted services. We have sent this bill to city staff for review and request a rapid response relative to the City's position on the bill. We do anticipate this bilI will be heard very soon, perhaps next week, since it has been filed by leadership in the House. '" ;. : :a.UTrnDGE. ECENIA.. PURNELL & HOFFMAN Creation of Inspector GeneralJMiami Dade School System Senator Garcia has filed SB 1416, which is the companion bill to Representative Diaz de la Portilla's HB 191. The bill, as filed, reflects the amendments made to HB 191, which establishes an Office of Inspector General within the office of the Commissioner of Education rather than in each school district. As you recall from our earlier report, the establishment of Inspector General in each of the 36 school districts had a fiscal impact which was prohibitive. Revision of the Transportation Outreach Program Criteria Governor Bush's budget, which was recently released, eliniinates the Transportation Outreach Program (TOPS) program. It replaces this $90 million program with two programs. $60 million is dedicated to grant programs which promote intermodel transportation, and $30 is dedicated to local government transportation proposals which relieve growth management problems as well as transportation projects that use new technology or intelligent transportation systems. Both the House and Senate are considering proposals to change the criteria for the TOPS program but language has not been made available as yet. SecretaI)' Barry of the Department of Transportation testified before the House Transportation and Economic Development Appropriations Subcommittee this week, and requested that whatever new program was developed that some compromise be made to include some of the programs chosen by the TOPS panel for the upconiing budget. We worked with Senator Silver and Representative Barreiro to submit the 16th St. project for $100,000 as member projects. We will continue to work with the legislators on this issue. Entertainment Industry The Senate Commerce Committee heard testimony this week from agencies which contract for advertising services. The issue of concern was granting a greater proportion of these contracts to in- state advertising and production companies. We expect additional discussions and legislation relative to this issue. Economic Develop~ent Our contact with the Department of the Lottery on behalf of the City tourism industry is beginning to produce results. The Lottery Department announced this week they will be holding live drawings on Franklin Avenue in the City for Cash 3 and Play 4 in addition to Fantasy 5 and Lotto. The live productions will bring additional publicity to the City of Miami Beach. We look forward to continuing our efforts on behalf of the City of Miami Beach as we enter the second week of the Legislative Session. Feb-O~-OZ t..... ., 03:01pm From-RUTLEDGE ECENIA et al 8505816516 T-m p aaz F-ZS9 RUTLEDGE, ECENI.A., PuRNELL & HOFFMAN PROFESSIONAL ASSOCIATION ATTORNEYS AND COUNSELORS AT LAW STEPHEN A. ECENI~ KENNE'tH ~. HOFFlMN THOMAC W. KOf'li"AD MICHAel. G. MAlD~ MARTIN P. McDONNELl. ,J. STEPHEN MENTON POST OFFICE SOX 551, m02.0551 215 SOUTl-l MONROE STREET, SUITE 420 TALLAHASSEE, FLORIDA 32301-1841 R. DAVID PRESCOTT HAROLD F. X. PUI\Na.~ G~FIV R. RUTl.EOOE TELEPHONE [asa) 68HI7B8 TELECOPIEA (850) 681-6515 GOVERNMENT"'LeoNSU~TANTS MARGAFlET .... MENOUNI M. LANE STEp"Er<S MEMORANDUM To: !vf;l}'or David DenneT City Commissioners and City M.a1lager GotW.lez City of Miami Beach Via.: Facsimlle to T(,:vin Crowder (lIard copy to follQ"\ll) From: Gary Rutledge Fausto Game<. Bob Levy Manny Reyes Margie Menduni D:lle: February 4,2002 RE: Weekly Legislative Rcpon GTowth Matme.cment SB 382, by Senator Constantine, passed out of the FiTW1CC and Ta."i: Committee this week. Il has been amended to =lude the striking of Florida Statute 235.19, which allows the DepaTlmCllt of Education Lo promulgale roles rclaLive to sehool'siLing, w1llch is an issue of concern for the City. We will eontitwc to work on this isstle as wc know that this is not the final version of the bill. Bl3 753 by Munnan also passed Local Govmunent and VclcI2I1S Affairs. This version does strike F.S. 23:5.19. We have spoken to Com.uluniry A..crai:rs Secrer.Iry Seibert relative to Uris growth managemcnllegislation. RB 753 is llle Dcparonellt's and Governor's prdcrred venion ofthc legislation. TIle comp3IIion (SB 1876) bas bec:tl filed by SCIIator Brown-Waite and bas nOT been heard yet. School Safetv After e:\'tl:nsivc meetings wilh the Depanmern ofTns1l1'31lCe, tile Department oJ Education, Senator Silver, and Representative Baneiro. the team is pleased to repon that Representative Barreiro's bill, HB 443, School Fire Safety, passed unanimously from the GenerJI Education Committee. Representative Sally Beyman. of the Dade Deleg-dtion, also spol~ in favor of the bill. TIle J\..fiami !lerald gave extensive covCTage of this issue aller passage ofthc bill. Urine Wal!c Representative Bense's HB 859, which prohibits local governments from requiring employers to pay a wagc in excess ofthc federal minimnm, passed fJ.vorably tbrough the State Administration Committee. TIIC bill comains an e:'(Ctllplion for government employcc::s and employees of government contTdCls. CiLY of Mi;lTni Beach staff has indicated Ulal as Ion!; as the exemptions remain in the bill. the City will not have :l problem \vitlt it. ... Feb-O-,.o2 03:01pm From~RUrLEDGF ECENIA at al 8506816516 T-m P 003 H89 RUTLEDGE, ECENI.A. PURNELL & HOFFM.A...~ W~y T..e~lati'\ie R~pon February 4, 2002 Page 2 Creation of lusoector Gencrlll. for The School S"sten1 Senator Wasserman-Schull;! hc"lS filed SB 1884, which is a companion to Represemative Dia.z de la Ponilla's DB 191. Tl establishes an Office of Inspecror GencrJ1 in the Dep3LOTlenl of Edue;Uion. Rcvision of the Trnnscor1alion Outreach Progr.un As we r~"polted laSt week, lh~ Governor, ill his proposed blldget for 2002-03, has elin1inmed the TrJnsponation Outreuch ProgI"dTn crOPS) and replaced it with twO progrdms uuended lO promote illl~nnodel{T31lsponalion and lTaIiSpoItation projectS which relievc growth managemenl problems. There is consider.J.ble debaLC ill the House and lhe Senate as [0 revision ofthe eri lcria and what to do with the TOPS P:rllcl recommendations for 2002-03. Rep. Johnson, Chainnanof ihe House Transponation Economic Development Appropriations Subcommittee, has lold us [hal lhe negotiations are still nuid, but we will continue La 1ll0nitOT this isslle. During the Senate Appropriations conunittee meeting,s, Senator KUlg, the Presidem-desig,mne of !he Senate. and SeMtoT Jones of Miam.i-Dadf: COWlty spoke in favor of keeping the reconuTlendcd list and making changes to the criteria for Ute 03-04 budgel film and Emert:linmem Ind\l~ltV In pTcSentationS before the Senate Colnmerce and Honse Tourism comminecs. film Commissioner R.ebeec<l Mattingly, drew anenlion to the nlcllhat state <lg(,."Itcies are conuactinQ; with out-of-state <ldvcnisillg and production companies to provide theiT work, wbile \he Florida film and advertising businesses arc depressed. This preSelltation, in addition to the general economic Stress the State is ~xperienc.i.L1.g, has led to the filing of three bills which require State agenc:ic:s to give preferences in awaTds or COntraCTS to Florida-based cOltlp,mics. These bills are SB 1930 by Larval<l. SB 2092 by MiTchell. and H'B 1151 by Ausley. Economic Develonmcnt Austirl Moll of Visit Florida gave ;1 report to the T..egisla1ure on the status of the $20 million for tourism promotion wtlich was <lppropriated during Special Session C. DtuiIlg his T(,.'POIl it bee<lme apparent that only half of the 5S million appropriated fOT Soulh Florida had been used. MT. Moll indicated that the South Florldd pmlners Iud nol conle forv.-ard with additional proposals [0 match the State flmding. Approximately $1.7 million of that $5 million has been used in Miauu-Dade County. We have communicated wilh City of Miami Beach sta I'f relative to this issue. The staff has becll working with {he Greater Miami Convention Bureau to consider addiuomll options for partners to match state mo:n~y. Pm of tile problem in South Florida is that priono tile $5 million appropriation. lhe Bureau had <llrcady put logether a $2.3 lnilliOl1 CaIT\1laign. We will conlinue to work with City staff and tl1C Dade Delegation wltich has been most UlllUI'PPY with tllls sim;ltion. Pay Telephones The Public Services COTlllntssioll has recommended lit its budgct for 2002-03 that the pay telephone providers become self-reguJ;Il.ed. We will continue lo follow this isslle as il works its way through UIC appropriations process. Historic PreseTVauon and Cnltural Afrairs TIte S~crct.ary of State, in presentations befoTt appropriations eommiUecs, has listed Historic Prescrvation and Cultural Aff<lirs as priority issues for lhe conting ye-dr, evcn1l1ough the Governor's budget does not eonr;lin funding for these gr.ml programs. We will continue to work with the Dep;lrtJIlel\l of State relative to purSuiJIQ; acIequ<nc funding for t!lese gr.mt progI1lIIlS. .. Fab-O~i!lZ 03:01pm From-RUTLEDGE ECENIA a\ al 8506816516 H78 P 004 Has RUTLEDGE. ECENIA. P'tmNELL & Ho~ Weekly Legislative Repon February 4, 2002 Pase :; Because tile D~"parttnrnl of Stal~ will cease to o..ist as a Cabinet rntity in December 2003, changes are beginning to be considered rel;]live to placi.Jl.S the functions orthe Departmenl of State under the Governor's Office. The Secretary of Smte is proposing to move Cabinet ArtaiIs to the Govemor's ()fJice effective July 2002. Also, IJB 377 by Representative C1;]rk, provides for the appointmenl of members to the Florida Ans Council by the Governor, President of the Senale, and the Spe:lker of the House, rather than by the Secretary of State. This Council reviews grant applications in lhe Dhision of Cultoral Affairs. The bill passed favorably from the House Tourism Committee and Ilas not been heard in \he Senate yet. CommunitY RedeveloornenL We have been in communication with City sWf relative to two bills: lfB 1341 by Representalive Dockery ,1J'\d SB 1578 by Senator Campbell which make amendruent.~ to the COlllmUJJity Redevelopment Act. City sta111ms dctern1irled that HE 1341 docs not impact Miami Beach, However, S8 1578. docs have a negative ilUpaCL on the City. We have spoken the l.eague of Cities in this regard; the Leasue is totally opposed to this bill and we will work. with them and wi1h appropriate legisJ~tors on behalf ol'the Ciry. ~ It was our pleasure to assist the Cil)' ill quickly obtaining three leners oC recOlIlIl'lendation from 1he Mia:mi Beach legislators Car SUJlllOTL of me NOTUl Beach Recreational Trolil gram proposal for $100,000. OtheT Bills of Int~est Representative LaCasa has filed H.B 1069, Home Chancr. HB 533 by RepresentaLive Needleman, Rip CuIrent Warning Signs, ])<tsscd favorably from the Conllllittce on EnviroIUIlental Protection. Se.nator Clary has filed SB 1~ 72, Safety FlagsIPublic Beaches, which provideS for UDifonnity in the display of warning ;md safety flags on public beaches. Senator COllstantinc has filed SB 1956, relating LO ta." on convention centers. This bill provides for the distribution of pornQ'lts uf re,;enues fTOIn taX on sales to specified canvcntion center owned by 1m its of local government. We have fOT'Warded this billlO City staff for evaluation of the impact on 1vfiami Beach. We look forward to continue our efforts on belmlf of the City of ~ami Beach as we enl';T 1he third week of the Legislative Session.