165-1998 LTC
C~TY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.f1.us
L.T.C. No. 165-1998
LETTER TO COMMISSION
December 3, 1998
TO: Mayor Neisen O. Kasdin and
Members of the City Commission
FROM: Sergio Rodriguez
City Manager
SUBJECT: FLORIDA CONSTITUTIONAL AMENDMENTS - IMP ACT ON THE CITY
OF MIAMI BEACH
Attached please find the state lobbyists' response and analysis to the recently passed constitutional
amendments that may impact the City of Miami Beach. The lobbyists only analyzed those
amendments that passed during the November 3, 1998 general election and may have a direct effect
on the City.
SR:c~~:I~
Attachment
RUrrLE]}(;E. ECJ<=NIA. UNDERWOOD, PUl~NELL & IIoFFMAN
PROFESSIONAL ASSOCIATION
ATTORNEYS AND COUNSELORS AT LAW
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STEPHEN A. ECENIA
JOHN R. ELLIS
KENNETH A. HOFFMAN
THOMAS W. KONRAD
MICHAEL G. MAIDA
J. STEPHEN MENTON
R. DAVID PRESCOTT
HAROLD F. X. PURNELL
GARY R. RUTLEDGE
R. MICHAEL UNDERWOOD
POST OFFICE BOX 551. 32302-0551
215 SOUTH MONROE STREET, SUITE 420
TALLAHASSEE. FLORIDA 32301-1841
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CttARLES F. DUDLEY
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TELEPHONE (850) 681-6788
TELECOPIER (850) 681-6515
GOVERNMENTAL CONSULTANTS:
PATRICK R. MALOY
AMY J. YOUNG
M E M 0 RAN DUM
BY FEDERAL EXPRESS DELIVERY
TO:
Randy Marks
Alex Quevedo
FROM:
Gary R. Rutledge
Margie Menduni
DATE:
November 9, 1998
RE:
Impact of Recently Passed Florida Constitutional
Amendments on the City of Miami Beach
In response to your request, we are providing comments on
those constitutional amendments which passed on November 3, 1998
and which impact the City of Miami Beach. In addition, we are
enclosing materials which will assist your legal department in
further analysis.
Amendment I--Historic Property Tax Exemption
This amendment was a direct result of legislation we worked
on in 1997 with the Department of State's Division of Historic
Preservation. These changes will perhaps bring new commercial
and not-for-profit groups into the historic property arena. The
amendment allows the City to pass an ordinance granting ad
valorem tax exemptions up to 50 percent on certain historic
property. There are certain criteria set out relative to
properties which qualify.
We are enclosing a staff analysis of House Bill 967 which
passed in 1997 and a staff analysis of House Joint Resolution 969
which explain the constitutional amendment.
Amendment 3--Additional Homestead Tax Exemption
The City needs to realize that although this amendment
passed, the Legislature still must pass an implementing bill
during the 1999 Session before the amendment becomes effective.
RIYrLJ<~f)(H<~. ECENIA. UNI)J<~J":W()O[). PURNJ<~LL & I-IoJ<'I<'MAN
Randy Marks/Alex Quevedo
November 9, 1998
Page 2
Once effective, the amendment would allow the City to adopt an
ordinance to grant an additional homestead exemption of up to
$25,000 to resident homeowners who are at least 65 years of age
and whose household income does not exceed $20,000 annually.
Additional implementing caveats are unknown at this time
because legislation has not been passed. If the City chooses to
pass an ordinance, it would of course have an economic impact
depending upon the number of citizens who would qualify for this
exemption. The County also has the same option.
We are enclosing a final analysis of House Joint Resolution
3151 which passed during the 1998 Session which further explains
the amendment.
Amendment 4--Recordinq of Instruments in Branch Offices
This amendment will provide some convenience to the City and
its citizens in that documents needing to be filed in the County
seat can now be electronically filed from a branch office to the
principal office.
Enclosed is the final staff analysis of House Joint
Resolution 125 which passed during the 1998 Session to assist you
in your analysis.
Amendment 5--Environmental and Natural Resources
The impact of the portion of this amendment which
constitutes "environmental rights" cannot be determined at this
time. Many believe it may be challenged in the courts.
Inasmuch as the amendment extends the state's bonding
authority for P-2000, a legislative bill, "Florida Forever," will
most likely pass during the 1999 Session. This bill will further
define how the conservation of land will play out for the next 20
years.
Legislation may be filed during the 1999 Session which will
outline details of the formation of the new Fish and Wildlife
Conservation Commission as the result of combining the Florida
Game and Freshwater Fish Commission and the Marine Fisheries
Commission, All funding and rules associated with both the GFC
and the MFC will follow the new commission. Currently, the
duties of the Marine Patrol are shared between the current
commissions and the Department of Environmental Protection. This
jurisdiction will have to be decided legislatively as it is not
addressed in the constitutional amendment.
Hu'rLl':DGJ':, ECJ'~NIA. UNDEIHVOOD, PURNJ<~LL & HOJ<'I"MAN
Randy Marks/Alex Quevedo
November 9, 1998
Page 3
It is uncertain at this time if the new commission will
abide by the administrative procedures set out in Chapter 120,
F.B., because constitutionally created entities are not bound by
this process.
We are enclosing background materials prepared by the
Constitution Revision Commission staff on this issue.
Amendment 7--Judicial Reform
The fiscal impact to the City as a result of the state
assuming the cost of maintaining the statewide court system is
uncertain at this time. Final implementation is not required
until fiscal year 2004-2005. However, phase-in begins in 2000-
2001. Projections for costs to the state in fiscal year 2004-
2005 vary widely. The Legislative Committee on Intergovernmental
Relations (LCIR) has projected $130 million, while the House
Majority Office estimates between $587-813 million for the same
period.
On one hand, one might assume that since the counties are
relieved of this fiscal burden, they might have money freed up to
assist cities in other projects. However, state legislators warn
that because the state has to pay these costs, allocations to
county and city projects might be curtailed or scaled back. It
is difficult to determine at this time how the money shifting
will play out. In addition, this amendment will require citizens
of Miami Beach to vote in the year 2000 on whether to select
circuit and county court judges by merit selection. If the
measure fails, it cannot go before the voters again for two
years.
We are providing CRe staff material relative to this
amendment.
Amendment l2--Gun Control
One can assume that Miami-Dade County will elect the option
of requiring a criminal history records check and a waiting
period of three to five days on the sale of firearms which are
sold not only on the retail level but on any property open to
public access. How soon the County takes action on this option
is now known at this time.
We are providing information to you from the CRC staff
relative to this amendment.
I~U'I'LI<~DGE, ECENIA, UNDERWOOD, PURNJ<::LL & I-IOI<'J<'MAN
Randy Marks/Alex Quevedo
November 9, 1998
Page 4
We have chosen to report only on those amendments which
passed and directly impact the City. Should you require any
additional information, please notify our office.
Enclosures
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