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Resolution 2021-31564 RESOLUTION NO. 2021-31564 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,APPROVING THE CITY'S 2021 STATE AGENDA,AS SET FORTH IN THE ATTACHED EXHIBIT"A"TO THIS RESOLUTION. WHEREAS, each year, the Mayor and City Commission adopt the City of Miami Beach's state agenda which includes funding and legislative priorities that will be pursued by the City's representatives in Tallahassee, Florida; and WHEREAS, in addition, throughout the rest of the year, additional priorities are presented by the Mayor and City Commissioners for full City Commission approval via resolutions, which, once adopted, are added to the City's agenda and provided to the City's state consultants; and WHEREAS, it is important that the City of Miami Beach work with its representatives in Tallahassee to secure funding for City projects, to implement and advocate for changes to legislation that is in the best interest of the City, and to work with state agencies on issues that impact the City;and WHEREAS, it is imperative for the City's legislative consultants to be aware of and have a list of City priorities; and WHEREAS, the proposed priorities include projects, authorization, and policy requests • which will continue to evolve as the state legislative process continues; and WHEREAS, the City's 2021 State Agenda is presented below for approval by the City Commission. 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 2021 State Agenda, as set forth in the attached Exhibit "A" to this Resolution. PASSED and ADOPTED this a7 day of J 4t ' ar y 2021. Dan Gelber, Mayor ATTEST. /(Y210fAdi Rafael E. Granado, City Clerk • ........... APPROVED AS TO _\ Mt g�,Cti''a `P•" FORM & LANGUAGE & FOR EXECUTION INCORP RATED'• /401 yI 2— 3 2 • � " 2 City Attomeyy Date Resolutions -C7 A MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Raul J.Aguila, Interim City Manager DATE: January 27, 2021 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE CITY'S 2021 STATE AGENDA, AS SET FORTH IN THE ATTACHED EXHIBIT "A" TO THIS RESOLUTION. RECOMMENDATION Adopt the Resolution. BACKGROUND/HISTORY This item presents the City's State Agenda and priorities. The list will be provided to our state consultants,to advocate for the priorities. ANALYSIS Each year, the Mayor and City Commission adopt the City's State Agenda which includes funding and legislative priorities that will be pursued by the City's representatives in Tallahassee. Then, throughout the rest of the year, additional priorities are presented by the Mayor and Commissioners for full Commission approval. Once the Resolutions are adopted, the new priorities are added to the City's Agenda and provided to the City's state consultants. It is important that the City of Miami Beach work with its representatives in Tallahassee to secure funding for City projects, to implement and advocate for changes to legislation that is in the best interest of the City, and to work with state agencies on issues that impact the City. It is imperative that the City's legislative consultants are aware of and have a list of City priorities. The priorities included in this agenda item will continue to evolve as more items are added. The City's 2021 State Agenda is presented in Exhibit "A", attached, for approval by the City Commission. SUPPORTING.SURVEY DATA In the 2019 Community Satisfaction Survey, 68.9% of residents were either"Satisfied" or"Very Satisfied"with the overall quality of services. CONCLUSION The Administration requests that the Mayor and City Commission approve Exhibit"A", the 2021 Page 5 of 174 State Agenda. Applicable Area Not Applicable Is this a "Residents Right Does this item utilize G.O. to Know" item, pursuant to Bond Funds? City Code Section 2-14? No No Legislative Tracking Grants and I ntergovernmental Affairs ATTACHMENTS: Description ❑ Resolution ❑ Exhibit"A"-2021 State Agenda Page 6 of 174 EXHIBIT "A" MIAMI BEACH 2021 STATE PRIORITIES 1. Sales Tax Relief for Businesses and Individuals impacted by COVID-19 The City strongly urges Governor Ron DeSantis to direct the Florida Department of Revenue to abate state sales taxes to provide relief to businesses and individuals impacted by the COVID-19 pandemic. 2. Extension for the Florida Small Business Emergency Loan Program The City strongly urges Governor Ron DeSantis to extend the no-interest period of the Florida Small Business Emergency Bridge Loan Program from one (1)year to (3) years, in order to allow small businesses to rebuild their businesses without accruing larger debts in the aftermath of the unprecedented COVID-19 pandemic. 3. Expanding mobile COVID-19 testing to Seniors The City strongly urges Governor Ron DeSantis to expand the mobile COVID-19 testing vehicle services to Miami Beach seniors residing in retirement communities and independent living facilities. 4. Sovereign Immunity and Covid-19 Liability Oppose legislation that would increase or eliminate the $300,000 per-occurrence limit on the collectability of judgments against government entities and/or would increase or eliminate the $200,000-per-claimant limit contained in s. 768.28, F.S. Covid-19 liability: Support legislation that would positively address covid-19 related liability implications for businesses and local governments. 5. Transportation — Regional Transportation Projects Bus Express Rapid Transit - The City supports the efforts of Miami-Dade County, the Florida Department of Transportation (FDOT), and the Miami-Dade Transportation Planning Organization (TPO)to create a Bus Express Rapid Transit (BERT) network, a key component of the Miami-Dade County Strategic Miami Area Rapid Transit(SMART) Plan, which would connect Miami and Miami Beach along the I-395/MacArthur Causeway and the I-195/Julia Tuttle Causeway via dedicated bus lanes. Beach Corridor Rapid Transit Connection-The City supports the efforts of Miami- Dade County and the Miami-Dade TPO to design and build the Beach Corridor of the Strategic Miami Area Rapid Transit (SMART) Plan, which would establish a rapid mass transit connection between Downtown Miami and South Beach via an elevated rubber-tire technology along 1-395/MacArthur Causeway and to the Miami Beach Convention Center via dedicated bus lanes on Washington Avenue. I-195/Julia Tuttle Causeway Off-Road Shared-Use Path - The City supports the efforts of the Florida Department of Transportation (FDOT) District Six to create a safe and protected shared-used path for pedestrians and cyclists along I-195/Julia Tuttle Causeway. The United States Department of Transportation (USDOT) classifies the causeway as a limited access facility, which presents some challenges in terms of pedestrian and cyclist use along the facility. Page 8 of 174 EXHIBIT "A" MIAMI EACH 2021 STATE PRIORITIES 1-95 Express Lanes Access to I-195/Julia Tuttle Causeway—The City supports the long-term efforts of the Florida Department of Transportation (FDOT)to design and build new access ramps from the existing 1-95 express (managed) lanes to I- 195/Julia Tuttle Causeway. This improvement will not only establish direct connectivity between two limited access facilities on the federal interstate system but will also alleviate traffic congestion on I-395/MacArthur Causeway. 6. 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 Biscayne Bay Everglades Ecosystem Restoration study. 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 flow and the expansion and restoration of wetlands, which will help to restore or enhance freshwater wetlands, tidal wetlands, and near-shore bay habitats. The City joins Miami-Dade County in urging the State of Florida and the federal government for a coordinated and united commitment and funding to restore and protect Biscayne Bay. 7. 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. Page 9 of 174 EXHIBIT "A" MIAMI I EACH 2021 STATE PRIORITIES The City urges the Florida Legislature to expand the Property Assessed Clean Energy ("PACE") Program to provide financial assistance for property owners to raise, reinforce, and/or replace existing seawalls in the State of Florida. 8. 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 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. 9. 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. 10. Preserve Beaches/Beach Renourishment The City supports legislation that provides additional funding to preserve and repair the state's beaches and dune system. 11. Sargassum Seaweed Removal • The City joins Miami-Dade County and urges the Governor and Legislature to appropriate funds for seaweed removal on beaches located in Miami-Dade County, to study the cause of the increase in sargassum seaweed, and to determine any possible solutions to minimize its impact on the beaches of f M_iami- Dade County and the City. 12. 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. Page 10 of 174. EXHIBIT "A" MIAMI LEACH 2021 STATE PRIORITIES 13. Extended Stay/Short-term Rentals -Vacation Rentals The City supports legislation that allows local governments to regulatevacation. 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. The City strongly opposes any legislation that preempts the regulation of short-term rental laws to the state including, but not limited to, the inspection and licensing of vacation rentals. 14. 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. 15. 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. 16. 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. 17. 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. 18. 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. Page 11 of 174 EXHIBIT "A" MIAMI BEACH 2021 STATE PRIORITIES 19. 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. The City urges the Florida Legislature to repeal Section 790.33 of Florida Statutes, which bars municipalities from passing regulations that are stricter than state firearms laws. 20. Film Production Incentives The City urges the State of Florida to fund film production incentives. 21. Safeguard 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. 22. Expanded Polystyrene or Single-Use Plastic Bags The City urges the Florida Legislature, and requests the support of Governor Ron DeSantis to repeal Sections 403.708, 403.7033, and 500.90 of the Florida Statutes, and reject any other statutes that inhibit a Local Government's ability to regulate expanded polystyrene or single use plastic bags. 23. Net Neutrality The City urges the Florida Legislature, in procuring for Internet Service Providers and Broadband Services, to consider only contracting with entities that agree to uphold Net Neutrality, or institute regulation requiring Internet Service Providers to treat all Data Traffic indiscriminately, and be restricted from blocking, slowing down or speeding up the delivery of online content at their discretion. 24. Climate Emergency and Regional Collaboration The City declares a Climate Emergency and urges the State of Florida and the U.S. government to declare a Climate Emergency, requesting regional collaboration on an immediate,just transition and emergency mobilization effort to restore a safe climate. 25. Paint or Other Markings Used to Identify Underground Facilities The City urges the Florida Legislature to repeal the state law preemption of local governments regulating the paint or other markings used to identify underground facilities or, alternatively, provide local governments greater ability to regulate the paint or other markings used to identify underground facilities. Page 12 of 174 EXHIBIT "A" MIAMI LEACH 2021 STATE PRIORITIES 26. Repeal the Advanced Wireless Infrastructure Deployment Act The City urges the Florida Legislature to repeal Section 337.401(7), Florida Statutes, known as the Advanced Wireless Infrastructure Deployment Act. 27. Support of the Florida Competitive Workforce Act The City strongly supports any legislation that would prohibit discrimination in Florida based on sexual orientation and gender identity in housing, employment, and public accommodations. 28. Protection For LGBTQ+ Employees The City strongly opposes any legislation that seeks to invalidate local ordinances that protect LGBTQ+ employees and legalize the controversial and harmful practice of conversion therapies. 29. Support for Bleeding Control Kits in State Buildings and Schools The City strongly supports Senate Bill 250 and House Bill 63 entitled "First Aid for Severe Bleeding" that would place bleeding control kits in state buildings and schools and would require the school districts to provide instruction for all students on how to use this kit. 30. Growth Management The City strongly opposes any legislation that would make changes to the Bert J. Harris, Jr., Private Property Rights Protection Act. 31. Biscayne Bay Offshore Drilling The City strongly opposes offshore drilling activities, including seismic air gun blasting. 32. Public School Funding The City urges the Florida Legislature to ensure that public school funding remains the same regardless of whether students are attending schools in-person or virtually. 33. Standalone Stay Away Orders (in Conjunction with the State Attorney's Office) Support the State Attorney's proposal to authorize Standalone Stay Away Orders as part of criminal sentences. This legislation would add a new provision authorizing judges to order defendants that commit any crime against particular victims or at specific locations to issue stay away orders from said victims or locations without any order of probation. Page 13 of 174 EXHIBIT "A" MIAMI BEACH 2021 STATE PRIORITIES 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 • 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 Page 14 of 174