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2004-25763 Reso RESOLUTION NO. 2004-25763 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, APPROVING THE CITY'S STATE LEGISLATIVE AGENDA FOR THE 2005 SESSION OF THE FLORIDA LEGISLATURE. WHEREAS, the City must avail itself of all potential sources of funds; and WHEREAS, State legislation may need to be enacted to protect and enhance the City's interests; and WHEREAS, it is imperative that the City's legislative consultant is aware of, and has a list of, City priorities; and WHEREAS, the City's State legislative team has met with the Mayor, City Commissioners, and the Administration relative to the City's needs and priorities with regard to the 2005 Session of the Florida Legislature; and WHEREAS, the City's numerous State-level needs have been assessed and prioritized to produce the most effective use of its legislative team. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the recommended State Legislative Agenda for the 2005 Session of the Florida Legislature be approved, as more specifically set forth in the attached Exhibit A. PASSED and ADOPTED this 8th day of December , 2004. Mayor ATTEST: ~tf.~c4 T:\AGENDA\2004IDEC0804IREGULARISTATE LEGISLATNE PRIORITIES RESODOC APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION ~/7/J6f. City Atto ~ Date CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY m -:;;;;;;:0- Condensed Title: Approval of the 2005 State Legislative Priorities Issue: Approval by the Mayor and City Commission of the Legislative, Administrative, Funding and Educational priorities that the City will pursue as part of its Legislative Agenda in Tallahassee during the upcoming year. Item Summary/Recommendation: I Approve the Resolution. Advisory Board Recommendation: I N/A Financial'nformation: Amount to be expended: N/A D Finance Dept. Source of Funds: Ci Clerk's Office Le islative Trackin Kevin Crowder - Economic Development AGENDA ITEM R 7 H DATE rt-~-OY CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.miamibeachfl.gov COMMISSION MEMORANDUM From: Mayor David Dermer and Members of the City Commission Jorge M. Gonzalez t\A~ City Manager 0 . Date: December 8, 2004 To: Subject: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, APPROVING THE CITY'S STATE LEGISLATIVE AGENDA FOR THE 2005 SESSION OF THE FLORIDA LEGISLATURE. ADMINISTRATION RECOMMENDATION: Adopt the Resolution. ANALYSIS: Each year, the Mayor and City Commission adopt the City's legislative priorities that will be pursued by the City's representatives in Tallahassee during the regular session of the Florida Legislature. The attached list of priorities was developed by the Administration in consultation with the City's lobbyists, and by meetings held on October 6, 2004 between the City's lobbyists and the Mayor and each Commissioner. The proposed Legislative Agenda includes issues that have appeared on prior agendas, specifically the Bert J. Harris Act, the Consultants Competitive Negotiation Act, the Convention Center Sales Tax Refund, Executive Session, and the Convention Development Tax. New issues include the sale of City rights-of-way, hurricane related legislation, and addressing the City's concerns in the upcoming Article V "glitch bill." More information on each issue is included in the attached Legislative Agenda. Additionally, the City will monitor issues such as community redevelopment, windstorm insurance, outdoor advertising, public notices, and other issues that impact local authority. Issues on the Administrative Agenda include working with the Florida Department of Environmental Protection for approval of the Beachfront Rules and Regulations, and monitoring the progress of discussions and studies related to the undergrounding of utilities. The Funding Agenda includes funding for local water projects, historic preservation, cultural arts, and beach renourishment, as well as funding of the Entertainment Industry Incentive program that the Legislature passed during the 2003 session. Additionally, the City will continue efforts to identify a funding source for canal cleanup and the stabilization of the shoreline. Priorities on the Educational Agenda are preventing additional reduction to Miami-Dade County's funding through the District Cost Differential, and working to attempt to reinstate the funding formula to pre 2004 levels; unification of the state and federal accountability systems, workforce development funding, operational and capital funding. Further information on each of these items is included in the attachment, which is included for Commission review, comment and approval. Although the 2005 Session does not begin until March, there is a need for the Commission to consider this item at this time, since local government legislative packages will be presented to the Miami-Dade Delegation on January 6th. This list of 2005 priorities may be amended prior to or during the 2005 Session as other issues arise. The Administration recommends that the Mayor and City Commission review the proposed legislative package, establish the priorities and adopt the attached Resolution. JMG:e&:kc Attachment T:\AGENDA\2004\Dec0804\RegularlState Legislative Priorities eM.doc CITY OF MIAMI BEACH Preliminary Priorities for the State of Florida 2005 Legislative Session LEGISLATIVE AGENDA ~ Bert J. Harris Act ~ Resort Tax Issues ~ Consultants' Competitive Negotiation Act ~ Convention Center Sales Tax Refund ~ Record Retention Timeframes I Digital Imaging ~ Executive Session ~ Convention Development Tax ~ Article V (glitch bill) ~ Allow municipalities to sell easements and rights-of-way for fair market value ~ Hurricane-Related Legislation Double Deductible Coverage of seawalls and docks Impact of Beach Renourishment on Insurance Rates ~ Issues to Monitor Tort Reform Underground Utilities Community Redevelopment Agencies Windstorm Insurance Condominiums Outdoor Advertising Red Light Photo Enforcement Public Notices Cell Phone Tower Siting Retain/Increase Local Authority ADMINISTRATIVE AGENDA ~ Department of Environmental Protection )> Beachfront Rules and Regulations ~ Public Service Commission )> Underground Utilities FUNDING AGENDA ~ Canal Cleanup and Shoreline Stabilization ~ Statewide Budget Issues )> Funding for Local Water Projects )> Funding for Entertainment Industry Incentives )> Funding for Historic Preservation and Cultural Programs )> Funding for Beach Renourishment )> Funding Support for Senior Centers and Programs ~ Grant Support EDUCATION AGENDA ~ District Cost Differential ~ Universal Pre-K ~ Operating and Capital Needs ~ Unify State and Federal Accountability systems ~ Workforce Development Funding ~ Local Control I Municipal Charters E~hibi+ \'A I{ m LeQislative Aaenda Bert J. Harris Act The City opposes legislation that weakens or removes the sovereign immunity provision in the Bert Harris Act, and further will work to support legislation that not only maintains, but strengthens the sovereign immunity provision. Resort Tax Issues The City strongly supports legislation that ensures that the Resort Tax and Convention Development Tax are collected on hotel room sales that occur over the internet, and that the tax is distributed to the appropriate taxing jurisdiction. Additionally, the City strongly support legislation that ensures that the Resort Tax and Convention Development tax is collected on "per-use" fees paid by owners of hotel/condominium units, that cover hotel services during an owner-designated stay. Consultant's Competitive Negotiation Act - Amend Section 287.055, Florida Statutes The selection criteria as outlined in Section 287.055(4)(b) states that "in determining whether a firm is qualified, the agency shall consider such factors as the ability of professional personnel; whether a firm is a certified minority business enterprise; past performance; willingness to meet time and budget requirements; location; recent, current and projected workloads of the firms, and the volume of work previously awarded to each firm by the agency, with the object of effecting an equitable distribution of contracts among qualified firms, provided such distribution does not violate the principle of selection of the most highly qualified firms." The required criteria results in confusion and/or feedback from both committee members and participating Architectural and Engineering (AlE) firms as to the applicability or validity of the following factors: 1. Willingness to meet time and budget requirements. When AlEs find themselves in a competitive process, they all state on the record without any hesitation, that they are willing to meet time and budget requirements. It is recommended that this criterion be deleted. The true test should be the AlEs past performance in meeting time and budget requirements. 2. Recent, current and projected workloads of the firms. This very subjective criterion has resulted in confusion by the various evaluation committee members. If a firm has been successful, and as a result of said success has a long list of recent, current, and projected projects, should that be used to penalize the firm? Should committee members judge an AlE firm's ability to take on additional work? A firm's workload should not have any impact on whether the firm is capable of performing on the project. The firm's capabilities should be based on their experience, qualifications, knowledge, skills, abilities, and the knowledge, skills and abilities of their project team 3. Location. Most evaluation committees have agreed that this criterion should be allocated a low weight. On at least one occasion, there existed a very contentious protest by a local AlE firm who was a close second to an out-of-state AlE. Whether a firm receives points on their location should be a local policy decision made by the City Commission. The proposed change significantlyreduces the City's exposure to lawsuits and/or protests. It provides local governments the authority to determine its best interest, and which factors should be considered in the selection of AlE firms. Convention Center Sales Tax Refund - Amend Sections 212.20 and 288.1171, F.S. This program will return 50% of the revenues remitted to the State from taxes on sales and use at the Convention Center to the City for business recruitment and retention purposes. The prior proposal was for the recruitment of high-tech, research and development, manufacturing and tourism industries. The City of Miami Beach desires that this program be eligible for the recruitment of all industries listed on the targeted industry list of the State's QTI Tax Refund Program. This legislation was introduced during the 2002 and 2003 Legislative Sessions. Approval of this program will generate approximately $250,000 annually for the City's economic development and tourism initiatives. The City of Miami Beach supports the introduction and passage of this legislation during the 2004 Florida Legislative Session. Record Retention Timeframes / Digital Imaging Currently, State statute establishes mandatory retention periods for various types of records that are kept by municipalities. Some types of personnel records must be maintained for 50 years after employment. The retention of these and other types of records require that sometimes significant costs be borne by the City. The City of Miami Beach supports legislation that reduces the time periods that records must be retained or enhances the digital imaging option for the City's record keeping. Executive Session - Amend Section 286.011, Florida Statutes Currently, Florida Statute that governs Executive Session limits the persons that are authorized to attend. The City supports legislation that will allow the appropriate Assistant City Manager and/or Department Director to attend when their attendance is deemed necessary. The following amendment language is proposed: 286.011 (8) Notwithstanding the provisions of subsection (1), any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision, and the chief administrative or executive officer ofthe governmental entity and the assistant manaoer andJjgpartment director responsible for:.the !I1?.tter, may meet in private with the entity's attorney to discuss pending litigation to which the entity is presently a party before a court or administrative agency, provided that the following conditions are met. Convention Development Tax - Amend Section 212.0305, Florida Statutes Currently, Florida Statutes define the types of projects that the Convention Development Tax may be utilized for. The Statute further provides a separation of the collections into 1/3 and 2/3 amounts. The City supports a conforming amendment to the Convention Development Tax Act that expands the eligible uses of the 2/3 portion of the revenues, to include the project types that are currently authorized for the 1/3 portion. 212.0305 Convention development taxes; intent; administration; authorization; use of proceeds.- (4) AUTHORIZATION TO LEVY; USE OF PROCEEDS; OTHER REQUIREMENTS.- (b) Charter county levy for convention development.- 2. All charter county convention development moneys, including any interest accrued thereon, received by a county imposing the levy shall be used as follows: a. Two-thirds of the proceeds shall be used to extend, enlarge, and improve the largest existing publicly owned convention center in the county. b. One-third of the proceeds shall be used to construct a new multipurpose convention/coliseum/exhibition center/stadium or the maximum components thereof as funds pennit in the most populous municipality in the county. c. After the completion of any project under sub-subparagraph a., the tax revenues and interest accrued under sub- subparagraph a. may be used to acquire, construct, extend, enlarge, remodel, repair, improve, plan for, operate, manage, or maintain one or more convention centers, stadiums, exhibition halls, arenas, coliseums, 9F auditoriums, coif courses. or related buildinos and parkino facilities and may be used to acquire and construct an intercity light rail transportation system as described in the Light Rail Transit System Status Report to the Legislature dated April 1988, which shall provide a means to transport persons to and from the largest existing publicly owned convention center in the county and the hotels north of the convention center and to and from the downtown area of the most populous municipality in the county as detennined by the county. d. After completion of any project under sub-subparagraph b., the tax revenues and interest accrued under sub- subparagraph b. may be used, as determined by the county, to operate an authority created pursuant to subparagraph 4. or to acquire, construct, extend, enlarge, remodel, repair, improve, operate, or maintain one or more convention centers, stadiums, exhibition halls, arenas, coliseums, auditoriums, golf courses, or related buildings and parking facilities in the most populous municipality in the county. Article V Follow up legislation to the Article V legislation passed during the 2004 Session is expectedthis year as a "glitch bill." The City will support changes that further clarify costs that are to be paid by the City, and further supports changes that will reduce the City's overall costs. Easements and Rights-of-Way The City supports legislation that will allow municipalities to sell easements and rights-of-way at fair market value, if the municipality determines that the easement/ROW is no longer needed and its vacation/sale is in the public interest. Hurricane Related Legislation The City will monitor hurricane-related legislation and respond to it depending on its impact to the City. Specific emphasis will be on the following items: 1. Elimination of the double deductible for multiple storms during the same hurricane season. 2. Expansion of coverage to include seawalls and docks. 3. Study the effects of beach renourishment on losses, and how added beach erosion control/protection could impact rates. 4. Studies related to underground utilities. Monitor Legislation of Importance Every Legislative Session, issues arise that are of importance to the City. The Administration and its representatives monitor these issues as they develop in order to respond in the best interest of the City. For the 2005 Florida Legislative Session, issues that the Administration has identified are tort reform, underground utilities, Community Redevelopment Agencies, windstorm insurance, condominiums, outdoor advertising, red light photo enforcement, public notices, cell phone tower siting. The Administration and its representatives will also work with the Florida League of Cities to monitor issues of local authority as they develop in order to respond in the best interest of the City. Administrative AQenda Department of Environmental Protection The Plan renewal has been approved by the Department of Environmental Protection and the Acquisition and Restoration Council with certain conditions. The Administration is in the process of incorporating those conditions into the plan, which will be resubmitted to DEP. The City's lobbyists will continue to work with the City and DEP on this item through its completion. Public Service Commission The City will monitor activities related to electrical utilities and service, including, but not limited to, the undergrounding of utilities. Fundina Agenda Canal Cleanup and Shoreline Stabilization The City will continue efforts to identify funding sources for canal cleanup and shoreline stabilization, working with the Florida Department of Environmental Protection, FEMA's Hazard Mitigation Program, the South Florida Water Management District, Miami-Dade County, and other agencies. Fundina for Local Water Proiects Retain and increase the level of funding for the State's water projects. Work with the South Florida Water Management District to secure eligibility of City projects for State funding. Fundina for Entertainment Industrv Incentives Retain and increase level of funding for the State's entertainment industry/production incentive program. Fundina for Historic Preservation and Cultural Proarams The City seeks reinstatement of the trust fund and full funding for Historic Preservation and Cultural Programs. Fundina for Beach Renourishment The City supports continued full funding of beach renourishment and restoration of the amount in the trust fund for beach renourishment to $30 million during the 2005 Session. The City further supports Miami-Dade County's request for $5,500,000 for the Miami-Dade Alternative Sand Test Beach Project. Grant Support The City's representatives in Tallahassee will continue to assist the City in the identification, pursuit, and acquisition of grants that are submitted for State funds for City projects and priorities. Education AClenda District Cost Differential The City supports the reinstatement of the District Cost Differential funding formula to 2003 levels in order to compensate for a higher district cost of living and will oppose any legislation to further reduce or eliminate the formula. Universal Pre-K Appropriately fund Universal Pre-K to ensure the ability to hire quality certified teachers. Operating and Capital Needs Appropriately fund operating and capital needs of school districts to ensure the delivery of quality educational programs. Unify State and Federal Accountability Systems If the State has an accountability plan that is approved by the United States Department of Education as meeting the intent of NCLB, then that state plan determines whether a school is meeting annual yearly progress. The City urges the State to pursue acceptance of the State program as an alternative to the federal accountability requirements. Workforce Development Funding Increase workforce development funding, ensure it remains a separate funding category, and support continuation funding for adults with disabilities. Provide increased funding weights and mandate industry certification for secondary technical education programs. Municipal Charter The City will monitor activities regarding Municipal Charter Schools.