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Resolution 2019-30990 RESOLUTION NO. 2019-30990 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE CITY'S 2020 STATE AGENDA, AS ATTACHED IN EXHIBIT "A" TO THIS RESOLUTION. WHEREAS, each year, the Mayor and City Commission of the City of Miami Beach adopt a list of priorities for the annual session of the State Legislature; and WHEREAS, it is important that the City's legislative consultants work collaboratively with representatives of State government to secure funding for City projects, implement and change legislation that is in the best interest of the City, and represent the City on issues that impact Miami Beach; and WHEREAS, it is imperative that the City's legislative consultant is aware of, and has a list of, the City's State Agenda for the year 2020; and WHEREAS, the proposed priorities will continue to evolve as the State Legislative Session continues. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve the City's 2020 State Agenda, as attached in Exhibit "A" to this Resolution. L PASSED AND ADOPTED this 1/ day of �r1PM6P2019. ATTEST: 7.3i Dan Gelber, Mayor qi(bill o0 ;;)t ''' Rafael E. Granado, City Clerk 4,@ ...,10 4144.4h ` !! . ♦I *i•N\ :1 i 7 •• \ AI • *.41 AP- - AS TO ♦ -9 '. O - •• /Cf 26TH j0 IrRLEC:U;/(5 City Attorneyy EXHIBIT A MIAMI BEACH 2020 STATE PRIORITIES 1. Bus Express Rapid Transit The City urges the Florida Department of Transportation to expedite the Beach Express North Bus Express Rapid Transit (BERT) route proposed to connect Golden Glades multimodal hub and the Earlington Heights Metrorail station with the commercial centers of Miami Beach. The funds are currently programmed for 2021/2022. Miami Beach requests that the funds be moved forward to 2019/2020 in order to provide mobility options for the millions of annual visitors and over 40,000 daily commuters to Miami Beach. City Commissioners have previously endorsed the creation of North Beach BERT across the Julia Tuttle Causeway for Miami Beach workers who live on the mainland. The buses would have a dedicated lane on one of the causeway's shoulders —a type of route know as bus express rapid transit — to shuttle primarily hotel and service workers across Biscayne Bay. This service is part of the City-endorsed SMART Plan, which includes a network of Express Buses, known as Bus Express Rapid Transit (BERT) which will connect the SMART rapid transit corridors on limited access facilities, promoting the active expansion of South Florida's Express Lanes network. The network has been designed to meet the needs of commuter travel patterns within Miami-Dade County. This network will operate along expressways, express lanes, and hard shoulders. 2. FDOT on Ramp Express Lane The City is asking FDOT to review the current entrances and exits for the express lanes on 1-95 and to consider creating an entrance to the northbound 95 Express lanes coming from westbound I-195/Julia Tuttle Causeway as well as an exit from southbound 95 Express lanes to eastbound I-195/Julia Tuttle Causeway. The purpose and "vision" of the express lanes was to better manage congestion and to provide choices to drivers. They are not managing congestion that directly flows in-and-out of the Julia Tuttle Causeway if there is not direct access point to the express lanes. Future plans from FDOT regarding the 95 Express include implementing Phase 3 which will continue the lanes 29 miles north from Stirling Road in Broward County to Linton Boulevard in Palm Beach County. 3. Biscayne Bay Coastal Wetlands The City urges the U.S. Army Corps of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District to take all steps necessary to expedite and complete the construction of Phase I of the Biscayne Bay Coastal Wetlands (BBCW) project and also to expedite the planning of Phase II for this project so that such planning occurs as soon as possible and prior to the current schedule scheduled start date of 2021. The health of Biscayne Bay and the restoration of the greater Everglades' ecosystem are of great importance to the continued clean water supply, environmental and public health, and economic wellbeing. The purpose of the BBCW project, as authorized by Congress in the Water Resources Development Act of 2000, is to improve the ecological health of Biscayne Bay by adjusting the quantity, quality, timing, and distribution of freshwater entering Biscayne Bay and Biscayne National Park through the redistribution of freshwater 1 September 2019 Commission Meeting MIAMI BEACH 2020 STATE PRIORITIES flow and the expansion and restoration of wetlands, which will help to restore or enhance freshwater wetlands, tidal wetlands, and near-shore bay habitats. 4. Property Assessed Clean Energy (PACE) Program The City urges the Florida legislature to expand the Property Assessed Clean Energy (PACE) program to provide financing for improvements that support resiliency in the State of Florida. In 2010, the Florida Legislature adopted provisions in Section 163.08 of the Florida Statutes that allow local governments to create PACE programs for residents and businesses that provide financing for energy conservation and efficiency (e.g., energy- efficient heating, cooling, or ventilation systems), renewable energy (e.g., solar panels), wind resistance (e.g., impact resistant windows), and other improvements that are not inconsistent with State law. The State of Florida should expand the PACE program to assist property owners with retrofitting their property to protect it from flooding.This should include projects that raise foundation of existing and historic structures, raise and reinforce seawalls and other adaptation strategies, including flood proofing. 5. Energy Efficiency Goals The City urges the Florida Public Service Commission (the "PSC") to set meaningful energy efficiency goals in the 2019 Florida Energy Efficiency And Conservation Act ("FEECA") proceedings, including a specific percentage goal; to replace the ratepayer impact measure test with a critical cost-effectiveness test for electric efficiency programs; to establish a strong energy efficiency resources standard for the State of Florida and adopt a:strong demand side management program that includes utility rebates; to require Florida electric utility companies to share with local governments anonymized energy consumption data at the census block level to allow cities and counties to effectively design and implement their own energy conservation programs for residents and businesses; to leveragefederal weatherization assistance program funds to provide greater assistance to low income homeowners to require that most, if not all, of the numeric energy conservation goals be met through programs to assist low-and moderate-income households; and to establish a renewable energy generation goal for utilities. 6. Sea Level Rise/Coastal Flooding The City of Miami Beach is extremely vulnerable to rising sea level and climate change. Increased storm events and higher tides result in tidal and storm induced flooding. It is essential that the state recognize the urgency and severity brought on by these conditions. The City continues to request funding for infrastructure improvements to reduce the City's risks of flooding. 7. Preserve Beaches/Beach Renourishment The City supports legislation that provides additional funding to preserve and repair the state's beaches and dune system. 2 September 2019 Commission Meeting MIAMI BEACH 2020 STATE PRIORITIES 8. Expedite Approval of Permit to Address Seaweed Deposited on Beaches The City Commission urges Governor Ronald DeSantis, the Florida Department of Environmental Protection ("DEP"), and other applicable state agencies to issue the expedited approval of Miami-Dade County's request for a one-time extended permit that would run continuously through October 31, 2019, in order to address the overabundance of seaweed being deposited on the beaches of Miami-Dade County and the City. 9. Mitigation of Coral Reef Diseases The City urges the Florida Department of Environmental Protection ("FDEP") to develop a Management Plan for mitigating coral reef diseases, and further urging the FDEP and the South Florida Water Management District ("SFWMD") to implement additional strategies to greatly reduce nutrient loading from all human sources and pathways as a matter of urgency. 10. Extended Stay/Short-term Rentals -Vacation Rentals The City supports legislation that allows local governments to regulate vacation and extended stay/short-term rental properties. This type of legislation is meant to prevent operators from running unlicensed "hotels", which in most cases are in violation of zoning laws, safety codes and other commercial requirements. 11. Casino Gambling The City strongly opposes any Bills related to casino gambling, and reaffirms its long- standing policy against casino gambling, and opposes any expansion by the Florida Legislature of casino gambling operations in Florida, including but not limited to any attempt to: 1) supersede the prohibitions on gambling and casino operations in the City's land development regulations and Comprehensive Plan; 2) authorize the transfer of an existing gambling or casino license to a new location; or 3) allow an existing gambling or casino licensee to open a new facility at a new location under the existing license. 12. Local Authority and Unfunded Mandates (Preemption) The City opposes legislation that would impact home rule powers of municipal governments or in any way reduces local control and authority, as well as any efforts to pass additional costs from the state down to the City. The City supports all efforts made to identify,and reduce the number of unfunded mandates imposed on local government. 13. Restrict Availability and use of Military Grade and/or High Capacity Magazine Assault Weapons The City urges State elected officials to restrict the availability and use of military-grade and/or high-capacity magazine assault weapons to law enforcement agencies. 14. Resource Extraction The City supports a statewide ban on hydraulic fracturing, acid fracturing, and any form of extreme well stimulation for the purpose of resource extraction in the State. 3 September 2019 Commission Meeting MIAMI BEACH 2020 STATE PRIORITIES 15. Structural Integrity of Bridges The City urges the State of Florida to adopt legislation to protect the structural integrity of all bridges in the state by requiring the installation and use of waterspout eliminator valves on personal watercraft vessels to prevent the corrosion under bridges caused by salt water spray.The City Commission urges the Florida Fish and Wildlife Conservation Commission to eliminate the 35 mile per hour watersports area surrounding Flagler Monument Island, and expressly designating that area as a year-round slow speed zone. 16. Open Carry of Firearms and Other Weapons The City urges the Florida Legislature to amend Section 790.25(3)(h) of the Florida Statutes to repeal the provisions allowing for the open carry of firearms and other weapons while engaged in fishing or camping or going to or returning from a fishing or camping; and further urging the Florida Legislature to create a new subsection in 790.25 making it lawful for persons engaged in the aforementioned activities to own, possess, and lawfully use firearms and other weapons wherein the concealed carry license provisions in Section 790.06 of the Florida Statutes would not apply. 17. Film Production Incentives The City urges the State of Florida to fund film production incentives. 18. Local Authority to Regulate Single Use Plastics/Plastic Bags The City opposes any legislation, whether existing or proposed, which would preempt the local regulation of single use plastics/plastic bags to the State. 19. Safeguard Fundamental Right to Abortion and Access to Reproductive Healthcare The City urges the Florida Legislature to take necessary steps to safeguard and promote the fundamental right to abortion and access to reproductive healthcare. LEGISLATION TO BE MONITORED Legislation regarding the following issues will be monitored: • Alternative and Renewable Energy including Wind and Solar Energy • Protect condominium owners • State Housing Initiatives Partnership (SHIP) Program • Enterprise Zones • Film Incentives • Medical/Recreational Marijuana • Telecommunications/Wireless Communications • Tourism-related Issues • LGBTQ Issues, including gender identity • Body Cameras • Senior Programs • Waterways and Water Regulations/Mooring Issues including Mooring Zones 4 September 2019 Commission Meeting MIAMI BEACH 2020 STATE PRIORITIES • Community Redevelopment Agencies (CRA) Legislation • Beach Re-nourishment/Erosion Protection • Resiliency and Environmental Sustainability • Flood Protection • Public Private Partnerships • Red light cameras • License Plate Readers • Single Use Plastics/Plastic Bags • Workforce &Affordable Housing Programs • Affordable Workspace • Florida Workers' Compensation Reform FUNDING OPPORTUNITIES Funding is sought for the following projects/programs: • Schools and Police school security • Education Programs • Water Projects • Economic Development • State Housing Initiatives Program (SHIP) Funding • Workforce and Affordable Housing • Historic Preservation • Planning for Resiliency/Mitigation • Security Cameras • Transportation 5 September 2019 Commission Meeting Resolutions -R7 W MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: September 11, 2019 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE CITY'S 2020 STATE AGENDA. RECOMMENDATION Adopt the Resolution. CONCLUSION The Administration recommends that the Mayor and City Commission approve the City's 2020 . State Agenda. Legislative Tracking Office of the City Manager ATTACHMENTS: Description D City's 2020 State Agenda Page 1746 of 2228 ` vL� 4` 1 i \_/ ./ xl 2020 STATE PRIORITIES 1. Bus Express Rapid Transit The City urges the Florida Department of Transportation to expedite the Beach Express North Bus Express Rapid Transit (BERT) route proposed to connect Golden Glades multimodal hub and the Earlington Heights Metrorail station with the commercial centers of Miami Beach. The funds are currently programmed for 2021/2022. Miami Beach requests that the funds be moved forward to 2019/2020 in order to provide mobility options for the millions of annual visitors and over 40,000 daily commuters to Miami Beach. City Commissioners have previously endorsed the creation of North Beach BERT across the Julia Tuttle Causeway for Miami Beach workers who live on the mainland. The buses would have a dedicated lane on one of the causeway's shoulders—a type of route know as bus express rapid transit — to shuttle primarily hotel and service workers across Biscayne Bay. This service is part of the City-endorsed SMART Plan, which includes a network of Express Buses, known as Bus Express Rapid Transit (BERT) which will connect the SMART rapid transit corridors on limited access facilities, promoting the active expansion of South Florida's Express Lanes network. The network has been designed to meet the needs of commuter travel patterns within Miami-Dade County. This network will operate along expressways, express lanes, and hard shoulders. 2. FDOT on Ramp Express Lane The City is asking FDOT to review the current entrances and exits for the express lanes on 1-95 and to consider creating an entrance to the northbound 95 Express lanes coming from westbound I-195/Julia Tuttle Causeway as well as an exit from southbound 95 Express lanes to eastbound I-195/Julia Tuttle Causeway. The purpose and "vision"of the express lanes was to better manage congestion and to provide choices to drivers. They are not managing congestion that directly flows in-and-out of the Julia Tuttle Causeway if there is not direct access point to the express lanes. Future plans from FDOT regarding the 95 Express include implementing Phase 3 which will continue the lanes 29 miles north from Stirling Road in Broward County to Linton Boulevard in Palm Beach County. 3. Biscayne Bay Coastal Wetlands The City urges the U.S. Army Corps of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District to take all steps necessary to expedite and complete the construction of Phase I of the Biscayne Bay Coastal Wetlands (BBCW) project and also to expedite the planning of Phase II for this project so that such planning occurs as soon as possible and prior to the current schedule scheduled start date of 2021. The health of Biscayne Bay and the restoration of the greater Everglades'ecosystem are of great importance to the continued clean water supply, environmental and public health, and economic wellbeing. The purpose of the BBCW project, as authorized by Congress in the Water Resources Development Act of 2000, is to improve the ecological health of Biscayne Bay by adjusting the quantity, quality, timing, and distribution of freshwater entering Biscayne Bay'and Biscayne National Park through the redistribution of freshwater F1age 1747 of 22f ptember 2019 Commission Meeting 2020 STATE PRIORITIES flow and the expansion and restoration of wetlands, which will help to restore or enhance freshwater wetlands, tidal wetlands, and near-shore bay habitats. 4. Property Assessed Clean Energy(PACE) Program The City urges the Florida legislature to expand the Property Assessed Clean Energy (PACE)program to provide financing for improvements that support resiliency in the State of Florida. In 2010, the Florida Legislature adopted provisions in Section 163.08 of the Florida Statutes that allow local governments to create PACE programs for residents and businesses that provide financing for energy conservation and efficiency (e.g., energy- efficient heating, cooling, or ventilation systems), renewable energy (e.g., solar panels), wind resistance (e.g., impact resistant windows), and other improvements that are not inconsistent with State law. The-State of Florida should expand the PACE program to assist property owners with retrofitting their property to protect it from flooding. This should include projects that raise foundation of existing and historic structures, raise and reinforce seawalls and other adaptation strategies, including flood proofing. 5. Energy Efficiency Goals The City urges the Florida Public Service Commission (the "PSC") to set meaningful energy efficiency goals in the 2019 Florida Energy Efficiency And Conservation Act ("FEECA") proceedings, including a specific percentage goal; to replace the ratepayer 'rnpact measure test with a critical cost-effectiveness test for electric efficiency programs; to establish a strong energy efficiency resources standard for the State of Florida and adopt a strong demand side management program that includes utility rebates; to require Florida electric utility companies to share with local governments anonymized energy consumption data at the 'census block level to allow cities and counties to effectively design and mplement their own energy conservation programs for residents and businesses; to leverage federal weatherization assistance program funds to provide greater assistance to low income homeowners to require that most, if not all, of the numeric energy conservation goals be met through' programs to assist low-and moderate-income households; and to establish a renewable energy generation goal for utilities. 6. Sea Level Rise/Coastal Flooding The City of Miami Beach is extremely vulnerable to rising sea level and climate change. Increased storm events and higher tides result in tidal and storm induced flooding. It is essential that the state recognize the urgency and severity brought on by these conditions. The City continues to request funding for infrastructure improvements to reduce the City's risks of flooding. 7. Preserve Beaches/Beach Renourishment The City supports legislation that provides additional funding to preserve and repair the state's beaches and dune system. 1age 1748 of 22 gptember 2019 Commission Meeting A 1 `\ N A \ /- ,/ vf ;., 2020 STATE PRIORITIES 8. Expedite Approval of Permit to Address Seaweed Deposited on Beaches The City Commission urges Governor Ronald DeSantis, the Florida Department of Environmental Protection ("DEP"), and other applicable state agencies to issue the expedited approval of Miami-Dade County's request for a one-time extended permit that would run continuously through October 31,2019, in order to address the overabundance of seaweed being deposited on the beaches of Miami-Dade County and the City. 9. Mitigation of Coral Reef Diseases The City urges the Florida Department of Environmental Protection ("FDEP") to develop a Management Plan for mitigating coral reef diseases, and further urging the FDEP and the South Florida Water Management District ("SFWMD") to implement additional strategies to greatly reduce nutrient loading from all human sources and pathways as a matter of urgency. 10. Extended Stay/Short-term Rentals -Vacation Rentals The City supports legislation that allows local governments to regulate vacation and extended stay/short-term rental properties. This type of legislation is meant to prevent operators from running unlicensed "hotels", which in most cases are in violation of zoning laws, safety codes and other commercial requirements. 11. Casino Gambling The City strongly opposes any Bills related to casino gambling, and reaffirms its long- standing policy against casino gambling, and opposes any expansion by the Florida Legislature of casino gambling operations in Florida, including but not limited to any attempt to: 1)supersede the prohibitions on gambling and casino operations in the City's land development regulations and Comprehensive Plan; 2) authorize the transfer of an existing gambling or casino license to a new location; or 3)allow an existing gambling or casino licensee to open a new facility at a new location under the existing license. 12. Local Authority and Unfunded Mandates (Preemption) The City opposes legislation that would impact home rule powers of municipal governments or in any way reduces local control and authority, as well as any efforts to pass additional costs from the state down to the City. The City supports all efforts made to identify and reduce the number of unfunded mandates imposed on local government. 13. Restrict Availability and use of Military Grade and/or High Capacity Magazine Assault Weapons The City urges State elected officials to restrict the availability and use of military-grade and/or high-capacity magazine assault weapons to law enforcement agencies. 14. Resource Extraction The City supports a statewide ban on hydraulic fracturing, acid fracturing, and any form of extreme well stimulation for the purpose of resource extraction in the State. Frage 1749 of 22fptember 2019 Commission Meeting tt\:> � I ,/\,t\`,E RI: A ( H 2020 STATE PRIORITIES 15. Structural Integrity of Bridges The City urges the State of Florida to adopt legislation to protect the structural integrity of all bridges in the state by requiring the installation and use of waterspout eliminator valves on personal watercraft vessels to prevent the corrosion under bridges caused by salt water spray.The City Commission urges the Florida Fish and Wildlife Conservation Commission to eliminate the 35 mile per hour watersports area surrounding Flagler Monument Island, and expressly designating that area as a year-round slow speed zone. 16. Open Carry of Firearms and Other Weapons The City urges the Florida Legislature to amend Section 790.25(3)(h) of the Florida Statutes to repeal the provisions allowing for the open carry of firearms and other weapons while engaged in fishing or camping or going to or returning from a fishing or camping; and further urging the Florida Legislature to create a new subsection in 790.25 • making it lawful for persons engaged in the aforementioned activities to own, possess, and lawfully use firearms and other weapons wherein the concealed carry license provisions in Section 790.06 of the Florida Statutes would not apply. 17. Film Production Incentives The City urges the State of Florida to fund film production incentives. 18. Local Authority to Regulate Single Use Plastics/Plastic Bags The City opposes any legislation, whether existing or proposed, which would preempt the local regulation of single use plastics/plastic bags to the State. 19. Safeguard Fundamental Right to Abortion and Access to Reproductive Healthcare '- The The City urges the Florida Legislature to take necessary steps to safeguard and promote the fundamental right to abortion and access to reproductive healthcare. LEGISLATION TO BE MONITORED Legislation regarding the following issues will be monitored: • Alternative and Renewable Energy including Wind and Solar Energy • Protect condominium owners • State Housing Initiatives Partnership (SHIP) Program • Enterprise Zones • Film Incentives • Medical/Recreational Marijuana • Telecommunications/Wireless Communications • Tourism-related Issues • LGBTQ Issues, including gender identity • Body Cameras • Senior Programs • Waterways and Water Regulations/Mooring Issues including Mooring Zones Ilage 1750 of 22iptember 2019 Commission Meeting 1 ll i i �`.!1` jA `i `; \ 2020 STATE PRIORITIES • Community Redevelopment Agencies (CRA) Legislation • Beach Re-nourishment/Erosion Protection • Resiliency and Environmental Sustainability • Flood Protection • Public Private Partnerships • Red light cameras • License Plate Readers • Single Use Plastics/Plastic Bags • Workforce&Affordable Housing Programs • Affordable Workspace • Florida Workers' Compensation Reform FUNDING OPPORTUNITIES Funding is sought for the following projects/programs: • Schools and Police school security • Education Programs • Water Projects • Economic Development • State Housing Initiatives Program (SHIP) Funding • Workforce and Affordable Housing • Historic Preservation • Planning for Resiliency/Mitigation • Security Cameras • Transportation P5age 1751 of 22§eptember 2019 Commission Meeting