Loading...
073-1998 LTC CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 http:\\ci.miami-beach.f1.us L.T.C. No. 73-1998 LETTER TO COMMISSION May 27, 1998 TO: Mayor Neisen O. Kasdin and Members of the City Commission ., FROM: Sergio Rodriguez City Manager , SUBJECT: 1998 FINAL LEGISLATIVE REPORT ON SECONDARY ISSUES FOR THE CITY OF MIAMI BEACH Attached please find a follow-up report submitted by the City's State lobbyists for the 1998 Legislative Session that ended on May 1, 1998. This report is intended to advise the City of other legislation that passed during the Session which may be of concern to or could possibly effect the City of Miami Beach. The State lobbyists are scheduled to appear before the City Commission on June 3, 1998. SR~~~ RUTLEDGE, ECENIA, UNDERWOOD, PURNELL & HOFFMAN PROFESSIONAL ASSOCIATION ATTORNEYS AND COUNSELORS AT LAW STEPHEN A. ECENIA KENNETH A. HOFFMAN THOMAS W. KONRAD R. DAVID PRESCOTT HAROLD F. X. PURNELL GARY R. RUTLEDGE R. MICHAEL UNDERWOOD WILLIAM B. WILLINGHAM POST OFFICE BOX 551, 32302'0551 215 SOUTH MONROE STREET, SUITE 420 TALLAHASSEE, FLORIDA 32301-1841 GOVERNMENTAL CONSULTANTS: PATRICK R. MALOY AMY J. YOUNG TELEPHONE (904) 681,6788 TELECOPIER (904) 681'6515 M E M 0 RAN DUM BY FACSIMILE TRANSMISSION and U.S. MAIL 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. Rutledge Fausto Gomez Bob Levy Margie Menduni DATE: May 22, 1998 RE: 1998 FINAL LEGISLATIVE REPORT ON SECONDARY ISSUES FOR THE CITY OF MIAMI BEACH As promised in our report on priority legislative issues for the City of Miami Beach, this report is intended to inform City officials and staff of other legislation which passed during the 1998 Session which may be of interest to or could possibly impact the City of Miami Beach. Please note three items of particular importance to the City, i.e., the underground wiring study, the Bass Museum funding and the mitigation funding. Appropriation Items Bass Museum--The Bass Museum application for a $500,000 cultural facilities grant was fully funded. Recycling Funds--A total of $23 million was appropriated statewide for solid waste management, which was the same as the current fiscal year appropriation. The Department of I-{UTLEDGE. ECIi;NIA. UNDERWOOD. PURNI'~LL & HOFFMAN Secondary Issue Legislative Report May 22, 1998 Page 2 Environmental Protection anticipates that funding for recycling and education grants will be the same as last year. There will be decreases in waste tire grants and small county grants, and increases in litter grants and innovative grants. The exact amount being appropriated to Miami-Dade County will not be available until mid-July. Local Mitigation Strategy Funding--For the past couple of years, the Department of Community Affairs (DCA) has funneled money through the county to cities to help plan mitigation projects. In the past, DCA has allocated a lump sum to the counties and asked them to divide it among their cities. That policy was changed this year and specific amounts have been set out for cities in each county. The City of Miami Beach has been allocated $30,000 for such mitigation projects. Details relative to this program can be provided by DCA staff member Dan Arlotti, 850/922-5434. Utilities Underground Wiring--The lobbying team worked with the University of South Florida and Representative Murman, representing Davis Island, to include the City of Miami Beach in a study USF is conducting to determine the real cost effectiveness of converting overhead electrical distribution facilities to an underground system. Funds are being provided in part by the Florida Department of Community Affairs. It is a three-phase study and the City should be hearing from USF in the near future. SB 1704--Right of Way/Telecommunication Companies--This legislation amends Sec. 337.401, F.S., by limiting the taxes, fees or other charges imposed by a municipality upon telecommunication companies for use of rights-of-way. The bill further sets out other rights of both telecommunication companies and local governments. The bill became law without the Governor's signature and is effective on May 21, 1998. Community and Economic Development HB 627--Community Redeve1opment--This bill expands the Community Redevelopment Act of 1969 found in Chapter 163, F.S., to include "the reduction or prevention of crime" among the reasons for community redevelopment projects through the establishment of "community policing innovations." Language in the bill contains exemptions to the prohibition of the use of increment revenues for the construction or expansion of administrative buildings, police or fire buildings by stipulating that such financing is allowed if the construction or expansion I<UTLEDGJ'-::, ECENIA. UNIH:RWOOD, PURNELL & IIoFFMAN Secondary Issue Legislative Report May 22, 1998 Page 3 of the buildings is contemplated as part of a community policing innovation. The bill allows for the modification of a community redevelopment plan to include the development and implementation of community policing innovations. The bill also adds new language to Sec. 163.380, F.S., Disposal of Property and Community Redevelopment Areas, which allows for the acquisition of land adjacent to real property disposed of in a community redevelopment area under certain conditions. Community policing innovations are also added to the Safe Neighborhoods Act, Sec. 163.501, F.S. Finally, the bill creates Sec. 943.1729, F.S., setting forth training standards relative to community policing for local law enforcement agents. The Governor has until May 29 to sign the bill into law or it will become law without his signature. SB 712--Retention of Business Enterprises/Municipalities-- This bill amends Sec. 166.021, F.S., authorizing municipal governments to expend public funds to attract and retain business entities. It stipulates that such use of public funds for economic development constitutes a public purpose under certain circumstances. This bill became law without the Governor's signature on April 29 and became effective on April 30. Taxation HB 4407--Florida Residents Tax Relief Act of 1998--This bill establishes a sales tax free week from August 15-21, 1998 for items of clothing having taxable value of $50 or less. The Governor has until May 29 to sign the bill into law or it will become law without his signature. HB 3477--Deter.mination of Millage--This bill amends Sec. 200.065, F.S., authorizing taxing authorities to adopt the tax levies and budgets of their dependent special taxing districts by a single vote, unless a member of the public requests a separate discussion and vote for the tax levy or budget of such districts. This bill became law without the Governor's signature on April 28 and became effective on April 29, 1998. Leqal, Police and Fire Issues HB 1771--Relief Compensation for Juan Garcia--This is the agreed upon claims bill against the City of Miami Beach. It became law and is effective without the Governor's signature on April 4, 1998. CS/SB 874--Negligence and Liability Laws--This is a major tort reform bill which makes a wide variety of modifications and additions to both the procedural and substantive aspects of the RUTLEDGE, ECENIA, UNDERWOOD. PURNELL & HOFFMAN Secondary Issue Legislative Report May 22, 1998 Page 4 civil litigation system in Florida. A few of the provisions include: authorization of more sanctions to deter litigation activities that are frivolous; elimination of automatic application of joint and several liability in cases with total damages of $25,000 or less; creation of a 12-year statute of repose for product liability cases; creation of a "government rules defense" allowing manufacturers and sellers to assert a rebuttable presumption that products are not defective or unreasonably dangerous if the product complies with certain state or federal regulatory or statutory standards; prescription of a rebuttable presumption against a claim of negligent hiring; and limitation on recovery of certain damages under specified conditions when the influence of drugs or alcohol is involved. The bill was vetoed by the Governor on May 18, 1998. SB 526--Protective Services for Victims and Witnesses--This bill amends Sec. 914.25, F.S., redefining the term "serious felony offensel' to include "an attempt, solicitation or conspiracy to commit" certain offenses which interfere with law enforcement agencies protecting victims and witnesses who are at risk of harm. The bill became law without the Governor's signature and is effective on May 21, 1998. SB 444--Criminal Mischief/Graffiti--This bill sets forth legislative intent that municipalities and counties may establish ordinances that prohibit the marking of graffiti or other graffiti-related offenses which are more stringent than those in state law. Local governments may also establish higher penalties than those provided in state law. The bill became law without the Governor's signature on May 21, 1998 and is effective on October 1, 1998. HB 767--Violations Involving Checks--This bill amends Sec. 68.065, F.S., providing for triple damages, court costs and attorneys' fees with respect to certain civil actions to recover fines due on stop-payments on checks, drafts or other orders of payment. The Governor has until May 28 to sign the bill into law or it will become law without his signature. CS/HB 935--Legal Process--This bill amends Sec. 48.031, F.S., allowing the service of a witness subpoena to a person in charge of a business at the time of service under certain circumstances and makes other changes to process serving. The Governor has not yet received this bill. HB 3345--Regulation of Wrecker Operators--This bill is the result of lobbying by the Professional Wrecker Operators of Florida and is intended to correct towing scams and substandard towing services in addition to other problems experienced by the RUTLEDGE. EC]<~NIA. UNDERWOOD. PURNELL & IIoFFMAN Secondary Issue Legislative Report May 22, 1998 Page 5 operators. The bill restructures what is commonly known as lithe rotation system, II whereby local governments contract with certain approved operators to tow or immobilize vehicles. The new structure is called a "wrecker operation system. II The bill further establishes penalties for operators who act outside the system. A time limit is imposed on law enforcement agencies' use of wrecker operated storage facilities to impound vehicles for criminal investigations. After the allotted five days (excluding holidays and weekends), law enforcement agencies must extend, in writing, the hold on the vehicle or the operator is authorized to release the vehicle. The bill further stipulates that if there is a judicial finding of no probable cause for extending the hold, then charges accrued for storage become the responsibility of the investigating agency. The parameters for probable cause are set forth in the legislation. The bill requires any law enforcement agency requesting that a vehicle to be towed by an operator present to that operator a record of all personal property found in the vehicle before the vehicle can be removed. The Governor has until May 29 to sign the bill into law or it will become law without his signature. HB 909--Firear.ms and Weapons--This bill allows a U.S. citizen who is not a Florida citizen to carry a concealed weapon in the state if the non-resident is 21 years of age and holds a license to carry a concealed weapon from another state. The Governor has until May 23 to sign the bill into law or it will become law without his signature. HB 679--Weapons and Firear.ms--This bill prohibits a person who has been issued a currently effective final injunction against committing acts of domestic violence from possessing any firearm or ammunition. The Governor has until May 28 to sign the bill into law or it will become law without his signature. HB 37l3--Firear.ms Related Licenses--This bill extends the license period for concealed weapons licenses and also requires persons who conduct gun safety and license courses to maintain records. The Governor has until May 30 to sign the bill into law or it will become law without his signature. CS/HB 3327--Jimmy Ryce Involuntary Civil Commitment for Sexually Violent Predators Treatment and Care Act--This bill creates language in Chapter 916, F.S., to establish a civil commitment procedure for the long term care and treatment of sexually violent predators. It establishes a petition process to have such persons declared sexually violent predators; provides for determination of probable cause and taking respondents into custody; provides for trial on the issue of whether a person is RUTLEDGE, ECENIA. UNDERWOOD, PURNELL & H.OFFMAN Secondary Issue Legislative Report May 22, 1998 Page 6 sexually violent predator; and provides for commitment. This bill was signed into law on May 19 and will become effective on January 1, 1999. HB 3737--Florida Sexual Predators Act--This bill requires that within 48 hours after receiving notification of the presence of a sexual predator, the sheriff of the county or the chief of police of the municipality where the sexual predator temporarily or permanently resides shall notify each licensed day care center, elementary school, middle school and high school within a one-mile radius of the temporary or permanent residence of the sexual predator's presence. The Governor has until May 27 to sign the bill into law or it will become law without his signature. HB 3107--Sexual predators--This bill revises the period of time after which a sexual predator may petition the court for removal of such designation. The bill stipulates that a sexual predator so designated by the court before July 1, 1998 who has met certain conditions for at least ten years may petition for a removal of the predator designation. A sexual predator designated by the court on or after July 1, 1998 who has met the same criteria must wait 20 years prior to petitioning for removal of the predator designation. The bill was vetoed by the Governor on May 21, 1998. HB 3255--Court Costs--This legislation adds a $20 surcharge to certain fines prescribed by law, the proceeds of which are to be used for the Crime Stopper program. The Governor has until May 30 to sign the bill into law or it will become law without his signature. SB 930--Notification of Escaped Prisoner--This legislation requires all detention facilities to notify the judge who sentenced an offender when he has escaped from a detention facility. The bill became law without the Governor's signature and is effective on May 21, 1998. HB 4059--Fleeing a Law Enforcement Officer--This bill increases the penalty for a person willfully fleeing or attempting to elude a law enforcement officer in a marked patrol vehicle and for driving at high speed in a manner demonstrating a wanton disregard for safety of persons or property while willfully fleeing or attempting to elude a law enforcement officer in a marked patrol car. The Governor has until May 27 to sign the bill into law or it will become law without his signature. RUTLEDGE. EC]{:NIA. UNDERWOOD. PUR1\'"ELL & I-IoFFMAN Secondary Issue Legislative Report May 22, 1998 Page 7 HB 3709--Voyeurism--This bill defines the offense of voyeurism and sets penalties for violations. The bill has not yet been received in the Governor's office. HB l637--Address Confidentiality Program for Victims of Domestic Violence--This bill creates a program providing certification by the Attorney General for victims of domestic violence to participate in an Address Confidentiality Program. The bill has not yet been received in the Governor's office. HB l639--Public Records E:cemption for Victims of Domestic Violence--This legislation sets forth legislative intent that the address, telephone number and social security number of persons participating in the Address Confidentiality Program for Victims of Domestic Violence is exempt from the public records requirement, except under certain circumstances. The bill has not yet been received in the Governor's office. SB 290--Emergency Medical Services--This legislation creates Sec. 401.272, F.S., entitled Emergency Medical Services Community Health Care. The bill establishes a program in which emergency medical personnel, in partnership with the local county health departments, can perform blood pressure screenings and immunizations in a non-emergency setting. The bill became law without the Governor's signature and is effective on May 21, 1998. HB l739--Poison Control/9ll--This bill creates Sec. 395.1027, F.S., requiring each basic and advanced life support service and air ambulance service to develop and implement a pre- hospital emergency dispatch protocol with the appropriate regional poison control center. This bill became law without the Governor's signature on April 4, 1998 and is effective July 1, 1998. Boater Safety HB 3265--Kelly Johnson Act--This is a significant revision of statutes relative to operation of a vessel while under the influence. It restores penalties for refusing to submit to chemical or physical testing and conforms provisions relating to boating under the influence to driving under the influence. The Governor has until May 30 to sign the bill into law or it will become law without his signature. Environmental SB l434--Coastal Construction--The primary purpose of this bill was to give specific statutory authority to the Department RUTLEDGE. ECEl\'"IA. UNDERWOOD. PURNELL & HOFFMAN Secondary Issue Legislative Report May 22, 1998 Page 8 of Environmental Protection to adopt rules for excavation and construction and set back requirements for coastal construction. DEP also added new language to See, 161,053, F.S., which sets up guidelines for activities seaward of the coastal construction control line which do not cause measurable interference with the natural functioning of the coastal system and exempting these from extensive permitting requirements in this section of the statutes. Nine activities are set out as examples of these permitting exemptions. The bill became law without the Governor's signature and is effective on May 21, 1998. HB 3863--Coastal Zone Protection Act--This bill provides clarifying language to legislation which passed last year amending Sec. 161.54 (12), F.S., relating to what improvements or repairs can be made to a coastal structure without adhering to stricter building standards. In 1997, "non-structural interior finishings" were excluded from determining whether a structure is "substantially improved." This legislation is intended to clarify confusion resulting from the 1997 legislation by further defining what constitutes "non-structural interior finishings." The Governor has until May 27 to sign the bill into law or it will become law without his signature. CS/SB 1458--Coastal Redevelopment--This bill adds legislative intent to Sec. 163.335, F.S., relating to community redevelopment. It adds language to include coastal resort and tourist areas which are deteriorating and economically distressed due to building density patterns; inadequate transportation and parking facilities; faulty lot layout or inadequate street layouts to those areas which may be considered for community redevelopment. It further adds inadequate and outdated building density patterns and inadequate transportation and parking facilities to the definition of "blighted areall in Sec. 163.340(8), F.S. The bill sets up a pilot project for redevelopment of an economically distressed coastal resort and tourist area on the East Coast of Florida between the St. John's River entrance and Ponce de Leon Inlet. The intent is to determine the "feasibility of encouraging redevelopment of economically distressed coastal properties to allow full utilization of existing urban infrastructure such as roads and utility lines. II The Governor has until May 23 to sign the bill into law or it will become law without his signature. HB 4039--State Lands--This bill creates Sec. 253.0345, F.S., Special Event Submerged Land Leases. The new language allows the Board of Trustees of the Internal Improvement Trust Fund to issue consents to allow the installation of temporary structures, including docks, moorings, pilings and access walkways on sovereign submerged land solely for the purpose of facilitating I~UTLE])GE. ECJ<~NIA. UNDERWOOD. PUHNELL & IIOI:<'FMAN Secondary Issue Legislative Report May 22, 1998 Page 9 boat shows and displays and set~ guidelines relative to such consent. The Governor has until May 29 to sign the bill into law or it will become law without his signature. SB 1202--Brownfield Redevelopment--This bill in part provides cleanup language for the major legislation on brownfields which passed in the 1997 Session. The bill further creates a Brownfield Areas Loan Guarantee program to assist local governments in the cleanup of brownfield areas. The bill exempts changes to the local government comprehensive plan related to the redevelopment of brownfield areas from the statutory limitation on the frequency of amendments to a local comprehensive plan. The legislation also allows assistance in clearing prior liens on property through the revolving loan fund. The bill was signed by the Governor on May 21, 1998 and is effective on July I, 1998. CS/HB 377l--Greenways and Trails--This bill is intended to clarify 1996 legislation which greatly expanded the Florida Rails to Trails program, renaming it Florida Greenways and Trails. Since the expansion of the program, DEP contracted for the use of a geographic information system modeling approach to plan a statewide system of greenways and trails. When the preliminary maps became available, many private landowners found their property on the maps and began expressing concerns and requesting that their land be removed from the preliminary planning maps. This legislation is intended to provide incentives for private landowners to include their land in this program. The Governor has until May 30 to sign the bill into law or it will become law without his signature. Miscellaneous Leqislation SB l498--Motor Vehicles for Persons with Disabilities--This bill provides clarifying language relative to accessible parking spaces and aisles. It increases the amount of the fine for illegally parking in a parking space for disabled persons. The legislation provides clarifying language relative to parking permits and allows law enforcement officers to confiscate permits that have expired, are defaced or reported lost or stolen. The Governor has until May 23 to sign the bill into law or it will become law without his signature. HB 332l--Condominiums--This legislation provides extensive language relative to condominium associations. The significance to Miami Beach is in Section 16, which creates Sec. 719.621, F.S., providing rulemaking authority for the Division of Land Sales and Condominiums to adopt rules and insure compliance with the developer's obligation to condo conversions, rental agreement extensions, rights-of-way refusal and disclosure and post- RUTLEDGE. ECENIA. UNDERWOOD. PURNELL & I-IOFFMAN Secondary Issue Legislative Report May 22, 1998 Page 10 purchase protections. The Governor has until May 30 to sign the bill into law or it will become law without his signature. CS/CS/HB 4181--Statewide Unified Building Code--This legislation reconstitutes the State Board of Building Codes and Standards as the Florida Building Commission located within the Department of Community Affairs. It makes the previous 17-member board a 23-member commission. The commission is directed to select from available national or international model building codes to form the foundation for the Florida Building Code. By January I, 2001, the commission is to replace the state minimum building code with the Florida Building Code. This is to be a comprehensive code incorporating all laws and rules pertaining to and governing the design, construction, erection, alteration, modification, repair and demolition of public and private building structures and facilities. It is to include the Florida Accessibility Code and the Fire Prevention and Life Safety codes. Local governments may adopt more stringent requirements to the code subject to some restrictions. Beginning in 2001, local governments assume expanded responsibilities for permitting, plan review and inspection of facilities that are currently reviewed by state agencies. The commission is to set up a statewide product evaluation system. The bill provides for the establishment of a building code training program and disciplinary consequences related to violations of the new code. Prior to the regular legislative session in the year 2000, the commission is to submit to the legislature for review and approval or rejection the Florida Building Code. The bill provides for the appointment of a select committee to consider the development of a public school facility fire safety evaluation performance code. The Governor has until May 28 to sign the bill into law or it will become law without his signature. SB 1702--Rulemaking Authority of the Department of Community Affairs and Florida Land and Water Adjudicatory Commission--As a result of the revised standards relative to rule authorization with the 1996 passage of the Florida Administrative Procedures Act, the Department of Community Affairs identified 21 rules for which the department did not have specific legislative authority and the Florida Land and Water Adjudicatory Commission (FLWAC) similarly reported 19 rules. This bill sets out statutory authority for some of these rules and in addition, makes changes to local comprehensive plans and plan amendment reviews. It clarifies that all municipalities adopt land development regulations to implement municipal plans and plan amendments. Language is added to Sec. 380.06, F.S., relative to developments of regional impact (DRIs), The new language stipulates that in RUTLEDGJ<'::. ECENIA. UKDERWOOD. PURNELL & HOFFMAN Secondary Issue Legislative Report May 22, 1998 Page 11 response to an inquiry from a developer, the state land planning agency may issue an informal determination in the form of a clearance letter as to whether a development is required to undergo DRI review. The clearance letter may be based solely on the information provided by the developer. The bill became law without the Governor's signature and is effective on May 21, 1998. Regulation of Talent Agents--No legisla~ion passed which changed the current regulation of this profession. Social Services SB 1114--WAGES Program--This legislation requires local WAGES coalitions to include services for victims of domestic violence. It further directs local coalitions to provide the full continuum of services available in the WAGES program through a one-stop center by October I, 1998. The economic development agencies of cities and counties are directed to work with local WAGES coalitions to identify projects that can have the greatest impact on WAGES participants in their area. A procedure is set up for ranking the projects and soliciting assistance from Enterprise Florida on the projects. The bill provides up to a $720 bonus to employers who hire WAGES participants who have less than six months of benefits remaining. A relocation assistance program is also established. This bill was signed into law on May 15, 1998 and is effective on June 30, 1998. HB 271--Social Welfare--Legislative intent is established relative to the enhancement of the employability of WAGES participants through drug screening, testing and treatment. It establishes a demonstration project in local WAGES coalitions 3 and 8. The bill adds language to the income deduction for child support, Sec. 61.1301, F.S., and the Department of Revenue (DOR) is authorized to participate in mortgage and motor vehicle liens to secure child support. The DOR is directed to establish a state disbursement unit which is responsible for collection and disbursement of child support payments under certain circumstances. DOR is further directed to establish a state case registry as provided by federal law and to contract with the Florida Association of Court Clerks to perform duties with respect to operation and maintenance of a state disbursement unit and the non-Title IV-D component of the state case registry. The Governor has until May 30 to sign the bill into law or it will become law without his signature. We would be glad to provide any of the above mentioned legislation to you upon request or our staff can assist you with RUTLEDGE. ECENIA. UNDERWOOD. PURNELL & HOFFMAN Secondary Issue Legislative Report May 22, 1998 Page 12 downloading enrolled (final) bills from the Sunshine On-Line system.