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069-1998 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. 69-1998 LETTER TO COMMISSION May 12, 1998 TO: Mayor Neisen O. Kasdin and Members of the City Commission FROM: Sergio Rodriguez City Manager , SUBJECT: 1998 FINAL LEGISLATIVE REPORT ON ISSUES FOR THE CITY OF MIAMI BEACH Attached please find a report submitted by the City's State lobbyists for the 1998 Legislative Session that ended on May 1, 1998. The report gives the status and outcome of the City's legislative agenda. Furthermore, more information will be forthcoming from the State lobbyists in the next few weeks. The City Administration worked closely with the lobbyists to ensure that the City's legislative priorities were addressed. While not all of the City's recommendations were approved by the State Legislature, the City was able to have many important legislative priorities ratified. SR:H~RM RUTU.':;DGE, ~...JCENIA, UNDERWOOD, FURNEY.I.. & HOlflfMAN PROFESSIONAL ASSOCIA liON ATTORNEYS AND COUNSELORS AT LAW STEPHEN A. ECENIA JOHN R. ELLIS K!::NNETH A. HOrFMAN THOMAS W. KONRAl) MICI4,M=I. G. MAIDA J. STEOPIlEN MEONTON POST O~FICE BOX 551. 32902-0$51 215 SOUTH MONROE STAEEii. SUITE 420 TALLAHASSEt:. FLORIDA 32301-1841 OF OOUNSEL: CHAAu:S F. OUDU:Y TELEPHONE (850) 681-6788 IELECOPIER (850) 681-6515 OOVl:'ANMENTAl CONSULTANTS: PA1HICII R. MALOY I'NoV J. YOUNG A. DAVID PReSCO'TT HAROlD F. X. PURNEU. BAI'IY A. Alfn.lOOC;!! R. MICIl~L UN~AWOOD MEMORANDUM BY FACS~MXLE TRANSM~SS%On AND U.S. MAXL TO: Mayor Neisen Kasdin Commissioner David Dermer Commissioner Susan Gottlieb Commissioner Jose Smith Commissioner. Nancy Liebman Commissioner simon Cruz Commissioner Martin Shapiro City Manager sergio Rodriguez FROM: Gary R. Rutl~dge Fausto Gomez Bob Levy Margie Mcnduni DATE; February 16, 1998 RE: 1998 FINAL LEGISLA~XVE REPORT ON PRIORITY ISSUES FOR THE CITY OF MUMI BEACH The 199B legislative session ended promptly at 6 p.m. on Friday, May 1, 1998. Senate Republican leaders eager to make the 6 p.m. news hurried to pass important legislation during the last minutes, with Governor Chiles standing next to Senate President Toni Jennings at the podium. At one point, confusion during the last few minutes of session in the Senate caused President Jennings to order the chamber doors opened, indicating the end of Session, only to quickly request the doors he closed and Senators return to their seats to pass other legislation. The following is a report on the City'S priority issues. A second report will follow with details in regard to other legislation of interest to the City and the Governor's actions on legislation. ('; a::J'dd StSStBS",I1lS'OI ''d ~a 'dINa~a a::Joa'~nM'WOMd s".'st BS-SI1l-A'dW l~u'rr,E.nGE. EClijNTA. UNl)J';l~WOOn, PURNF.LT. &- HOT"J<'MAN May 5, 1998 Page 2 i. Beach Renour1s~ent A. Dedicated Funding Source CS/HB 4227--Funding for Beach Management Trust Fund, sponsored by Representative Jones and Senator Sullivan, passed the Legislature. The bill dedicates unencumbered funds from the documentary stamp tax which would go into general revenue for beach restoration and renourishment. The funding is phased in over three years in $10 million increments until an annual amount of $30 million from this source is reached in state fiscal year 2000-2001. The bill also provides incentives for regional cooperation in beach restoration projects. This is of course a major success for beach restoration generally and for Miami Beach specifically. B. Miami Beach $250,000 Demonstration Project The budget appropriation for $250,000 for the City to field test advanced technologies for prevention of beach erosion passed in the final budget. It survived the Governor's veto process with help from Representative Bloom. The appropriation, numbered 1345A, is found on page 305 of the conference report on HB 4201. 2. Absentee Balloc Refor.m SB 1402--Election Reform, by Senator Lat~ala and Representatives Morse and Meek, passed the Legislature after numerous revisions and a conference process. The bill makes numerous changes in voter registration; absentee voting procedures; crimes and penalties associated with the voting process; establishes a voter fraud hotline; expands the authority of the supervisors of election; requires first-time voters to vote in person at the polls or at the supervisor's office, except in certain circumstances; provides for updating of voter registration files; allows the governing board of a charter county by ordinance approved by referendum, to prescribe the dates for commencement of terms of its members; and appropriates $4 million to the state Division of Elections to institute mandated changes. In a memorandum dated November 25, 1997, Commissioner Smith set out certain absentee ballot reforms which he recommended be included in reform legislation. SB 1402 includes the following recommendations made by Commissioner Smith: E: ::I~'lid StSStBSf70S'OI ''Ii ~::I \iIN::I~::I ::I~O::I'~n~'WO~d Sf7'st BS-S0-^\iW HU'T'LF.:])(;l!:, EOl!;KJ ,\., UNDERWOOD, Pm~NELL & HOlt-"'MAN May 5, 1998 Page 3 -Prohibits "ballot broke ring , II i. e., the payment of money for soliciting or witnessing or delivering absentee ballots -Requires voters to request their own absentee ballots from the supervisor of elections -Insures that the voter, not someone else, actually marks the absentee ballot Co~missioner Smith's recommendations which were not incorporated into SB 1402 include: -Limiting the number of absentee ballots that can be witnessed by one person to no more than three (the limit in SB 1402 is five) and requiring two witnesses to the marking of an absentee ballot (the legislation requires only one) A controversial element parties to have 40 certified number of absentee ballots. to a gubernatorial veto- of the legislation allows political coordinators to witness an unlimited This provision may subject the bill 3. Economic Deve1opment/Entertaittmen~ Industry Unfortunately, the Entertainment Industry Growth Bill, which would have provided tax incentives for the film industry, was caught up in numerous layers of politics and did not pass the Legislature this year. Although Representative Barreiro worked very diligently and pursued this legislation at every turn, it missed passage on the last day of Session. Hopefully the legislation can be passed during the next Legislative Session. 4. Co11ins Avenue/Indian Creek Site As you know, the lobbying team with the assistance of County Commissioner Gwen Margolis, was able to negotiate with FDOT to help fund a study of this site. 5. Fire Station Capital Improvements Appropriation Request Although the lobbying team with the assistance of Representative Barreiro and Senator Silver was successful in getting the City's request for financial assistance with planning for a possible new fire station and the purchase of a new rescue vehicle in North Beach into the final legislative budget, the appropriations fell victim to the Governor's veto. Appropriation item 1042A {Miami Beach Emergency Public Safety Vehicles, l>' ::I~\ld St5StBSl>'0S'ar '\1 ~::I \lrN::I~::I ::I~a::l'~n~'WO~d S~'5t BS-50-A\lW RUTT.F.J)C';F.. ECl<~NIA. UNln~HWOOn, PUNNMLL & Hlll<'l"MAN May S, 1998 Page 4 $96,400) and item 1130L (Miami Beach Fire Station Feasibility Study/Rescue Vehicle $300,000) were part of the $92.6 million in budget items vetoed by the GOvernor. 6 . Pawn Shop Reform. Although HB 4023, sponsored by Representative Bloom, passed the House, the Senate companion sponsored by Senator Campbell was not even heard in committee. The proposed legislation would have established the sheriff's agency as the chiet law enforcement agency of the county relative to pawnbroker transactions. The bill encouraged the electronic transmittal of sales information from secondhand dealers. It would have further provided that the proof of possesaion of recently stolen property give rise to a presumption rather than an inference that a person should have known that property was stolen. Senator Campbell decided early in September that the legislation was not a priority for the year. The pawnbroker industry fought the legislation, citing major reforms to their industry during the 1996 Legislative Session and subsequent followup changes in 1997. We realize that the City has already initiated changes in this regard. 7. Historic Preservaeion/Corporate T~ credits The fact that 1998 was a good year for tax incentives led us to be initially hopeful in terms of this historic preservation bill, which authorized credits against corporate income tax for the rehabilitation of historic buildings used for commercial purposes. It became evident both to George Percy, the state Director of Historic Preservation, with whom we worked closely during the Session on this bill, and to the lobbying team, that although the bill was well received in committees, it was not among the leadership's designated tax exemption bills and consequently, it did not pass the Legislature. this result also possibly occurred due to the significant legislation in support of historic preservation which was enacted in 1997. 8. Log Cabin Punding Legislation which passed during the 1997 Legislative Session negatively impacted funding for the Log Cabin. An effort was made this Session to reevaluate how education funding for the adult disabled is calculated. CS/CS/SB 1124 by Senator Grant (Educational Entities--Law Revising) which passed the 1998 Legislature, delays implementation of the new funding formula set in the 1997 legislation. It further changes funding for adults wi~h.dis~bilities af~er the implementing delay has passed by el~m7nat1ng the requ1rement that these educational programs culm1nate in job placements. Additional funding is provided for 9 3:JVd S19S1BSf7I21S'OI 'V ~3 VIN3~3 3:J03'~n~'WO~d 1219'91 BB-9121-AVW RUTI,J<::nCE, ECl<;:l'"1,"., UNDERWOOD, P1J~N":J.J. & IIol"}.'MAN May 5, 1998 Page 5 those programs which do place the disabled in the work force but take longer to do so. The bill does, however, establish a task force to study and make recommendations for changes to funding for educational programs for adults with disabilities. The task forc8 is to report to the Commissioner ot Education by December l, 1998. In addition, $20.6 million is in the budget for statewide education of adults with disabilities. Miami-Dade County's portion is approximately $2.4 million. 9. Police and Fire Department Xssues No legislation passed which would affect the Certificate of Public Convenience and Necessity. HB 3075 (police and Firetighters' Pension Plan) did pass the Legislature. 10. Parks and Recreation Plans regarding the possible purchase of propercy for use as a park on South Beach developed late in the Legislative Session, making it difficult for the lobbying team to obtain any funding for land acquisition. Also, traditionally the state has been reluctant to provide money for utilization of real property for municipal parks. Park projects in the budget this year were capped at $50,000 per item, except for those projects which went through the state planning process. We look forward to working with local and state officials as well as state legislators and others to strategize about how best to achieve the objective of establishing a park in South Beach during the interim between the 1998 and 1999 Legislative Session.s. 11. Alcoholio Be~erage Sales/Gas Stations The Rutledge, Ecenia Law Firm has provided Commissioner Liebman and the City Attorney's office with information to assist the city in considering possible passage of a local ordinance to deal with this issue. Under separate cover by mail, we will forward to you the appropriate legislation which passed this Session. We will also keep you informed as to the Governor's actions on those bills. If you should have questions regarding the items on this list or any other legislative issues, please do not hesitate to call. S 3:J\ld StSStBSf?0B'OI '\1 ~3 \lIN3~3 3:J03'~n~'WO~d 0S'St BB-S0-A\lW