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.
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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:
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-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,
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$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
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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.
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