HomeMy WebLinkAbout2005-26083 Reso RESOLUTION NO. 2005-26083
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, APPROVING THE CITY'S
STATE LEGISLATIVE AGENDA FOR THE 2006 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 2006 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 2006 Session of the Florida Legislature be approved, as more
specifically set forth in the attached Exhibit A.
PASSED and ADOPTED this 7th
day of December , 2005.
ATTEST:
Mayor
David Dermer
City Clerk
Robert Parcher
T:~AGENDA~003\DEC1003\REGULAR\STATE PRIORITIES RESO,DOC
~OVED ASTO
FORM & LANGUAGE
& FOR EXECUTION
COMMISSION ITEM SUMMARY
Condensed Title:
IA Resolution approving the City's 2006 State Legislative Agenda
Key Intended Outcome Supported:
ISupports Multiple KIOs.
Issue:
Shall the City Commission approve the recommended list of State Legislative Priorities?
Item Summary/Recommendation'
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 November 14, 2005 between the Mayor
and each Commissioner and the City's lobbyists.
The recommended 2006 agenda includes legislative, funding, and administrative issues.
Some of the key issues are: Beach Renourishment Funding, retaining authority to implement
the wi-fi system, opposing changes to the Bert J. Harris Act that negatively impact the City,
Condominium Issues, and hurricane related issues such as underground utilities and
insurance.
Advisory Board Recommendation:
n/a
Financial Information:
Source of ~ · · Amount ' AccoUnt ~ ApprOved
Funds: i ::. 1:
n/a i' !: 2::
..... .
· :
OB~l
~ 'tOtal .
Financial Impact Summary:
City Clerk'SKevin CrowderOffice Legislative Tracking:
n-Offs:
MiAMi BEACH
AGENDA ITEM
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor David Dermer and Members o~f the City Commission
FROM: City Manager Jorge M. Gonzalez
DATE: December 7, 2005
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING THE CITY'S STATE
LEGISLATIVE AGENDA FOR THE 2006 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 (Exhibit A) was developed by the
Administration in consultation with the City's lobbyists, and by meetings held on
November 14, 2005 between the Mayor and each Commissioner and the City's
lobbyists. Additionally, please find a report on current state legislative issues prepared
by the City's lobbyists.
This year's recommended State Legislative Agenda includes issues that have appeared
on prior agendas and remain priorities of the City. These issues are: · Bert J. Harris Act
· Convention Center Sales Tax Refund
· District Cost Differential
· Resort Tax Issues
· Unification of Education Accountability Systems
· Condominium Issues / Condo Conversion Disclosure
· Insurance Issues
· Underground Utilities
· Municipal Inspection / Enforcement of the condition of utility poles/facilities
Additionally, new issues have been identified for addition to the 2006 agenda: · Emergency Management Plans (Generator Requirements)
· Anchoring and Mooring Distance Setbacks
· Citywide Wireless Network
· Fire Safety Services in the RDA
· Economic Development Agency Sunset Review
· Florida Accessibility and Building Codes
· Municipal Employee Public Records
· Homestead / Property Tax Issues
Funding priorities that have been identified are: · Full funding of Miami-Dade County's request for Beach Renourishment funding
· Funding of the Cultural Facilities Grant Program at a level that ensures full
funding of the Colony Theater Phase III grant application
· Stormwater Infrastructure Improvements
· After School Program
· Full funding of the State Housing Initiatives Partnership (SHIP) program
· Research funding sources for creation of a mooring field and potential incentive
programs for the Cirque du Soleil project.
In addition to the list of legislative and funding priorities, the Administration and the City's
lobbyists continue to work with various state agencies on issues such as FDOT approval
of the City's wayfinding signage program, retaining funding from FDOT for the Collins
Avenue project, and working with the Public Service Commission (PSC) regarding
electrical power issues.
A summary of each of these priorities is included in Exhibit A, which is included for
Commission review, comment and approval.
The Administration recommends that the Mayor and City Commission review the
proposed legislative package, establish the priorities and adopt the attached Resolution.
JMG.'~'kc
Attachment
T:~GENDA~005\Dec0705\Regular~State Legislative Agenda memo.doc
Exhibit 'A'
City of Miami Beach
Preliminary 2006 State Legislative Agenda - DRAFT
LEGISLATIVE PRIORITIES
Cilywide Wireless Nelwork
Request: The City of Miami Beach is in the process of implementing a Citywide wireless intemet network
and opposes legislation that will limit or prohibit the City's ability to move forward with this project.
BertJ. Harris Act
Request:
Condominium Issues
Request:
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.
Increase the disclosure requirements and the level of detail that must be included in engineering
report results for condominium conversions. Create a conduit financing mechanism for major
condominium repairs.
Insurance Issues
Request:
Create a Hurricane Recovery Trust Fund/Sales Tax Surplus to create a rate stabilization pool for
Citizens.
Emergency Management Plans
Request: Should the City seek legislative and rule changes to expand the business types/industries that
must maintain and implement updated Emergency Management Plans, specifically addressing
emergency power (generators).
Anchoring / Mooring
Request: Establish a 100 foot setback from single family homes for anchored vessels.
Fire Safely Services in Community Redevelopmenl Areas
Request: The City supports an amendment to F.S.S. Chapter 163 that will allow for the use of
Redevlopment Trust Fund monies for enhances fire safety services.
Summary: Chapter 163, Part III, authorizes cities to create Community Redevelopment Areas, and currently
authorizes the use of Redevelopment Trust Fund monies for community policing innovations. In
addition to police services, fire rescue services are an integral component of the City's public
safety services, and enhance public safety contributes to the successful revitalization and
redevelopment of blighted areas. Therefore, the City supports legislation that will allow the Miami
Beach Redevelopment Agency to expend Trust Fund monies for fire services within the City's
Convention Center Sales Tax Refund
Request: The City supports the introduction and passage of legislation in the Florida
Legislature that will retum 50% of the sales taxes remitted by eligible convention
centers to the municipality that owns the center for economic development purposes.
Summary: This proposal 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.
Economic Development Agency Sunset Review
Request: The City of Miami Beach supports re-enactment of the public records exemption
relating to economic development agencies contained in s. 288. 075, F.S.
Summary: Pursuant to s. 288.075, F.S., upon written request of a business, the records of an economic
development agency that contain information about the plans of the business to locate, relocate, or
expand its activities in Florida, are confidential and exempt from public records law for a specified
period of time. This public records exemption is subject to review under the Open Government
Sunset Review Act, and is set to expire October 2, 2006, unless re-enacted by the Legislature.
Florida Accessibilily and Building Codes
Request: The City supports legislation that expands the exemptions for existing structures from
the Florida Accessibility Code, providing alternative means of access in existing
buildings. The City further supports amendments to the Florida Building Code that
increase the amount of openings allowed on side elevations and that clarify the Code°s historic waiver
provisions.
Education Issues
Request:
Summary:
Monitor proposed legislation.
The City will monitor additional education issues as they develop, such as issues related to the
School Year, FCAT, etc.
Growth Management Glitch Bill
Request: Monitor proposed legislation.
Summary: Since the passage of SB 360 in 2005, DCA, DOT, and DEP have provided information on the
implementation of the bill. Some questions and issues will be addressed during implementation,
while others may require a legislative sollution. Stakeholders have identified glitches in the bill and
suggested changes. The Florida Senate's Committee on Community Affairs staff has categorized
the comments and, at the committee's direction, will prepare a glitch bill to address the committee's
issues for the 2006 Legislative Session.
Municipal Employee Public Records
Request: The City of Miami Beach supports legislation that provides a waiver from public
records requirements for personal information of municipal employees who have been
victims of domestic and/or other types of violence.
Resort Tax Issues
Request:
The City supports legislation that ensures that the Resort Tax and Convention
Development Tax are collected on hotel room sales that occur over the intemet, and
that the tax is distributed to the appropriate taxing jurisdiction.
ADMINISTRATIVE PRIORITIES
Wayfinding Signage System
Request: The City seeks continued support and guidance from the Florida Department of
Transportation on expedited implementation of the City's wayfinding system.
Summary: The City is in the process of developing and implementing a citywide wayfinding signage system
and has been working with FDOT on this project. A hearing on proposed signage rules is
scheduled for December 8, 2005.
Colllins Avenue Project
Summary: Work with FDOT for 2007 reimbursement rather than 2011.
Utility Issues
Summary:
Work with the Public Service Commission to identify what upgrades are needed within FPL's
Capital Improvement Plan and monitor the development of the Statewide Comprehensive Energy
Plan, as directed by Executive Order 05-241. Additionally, continue to work to address Right-of-Way
issues for undergrounding the utilities.
FUNDING PRIORITIES
Stormwater Infrastructure Improvements
Request:
Summary:
After School Program
Request:
Summary:
Colony Theater Cultural
Request:
Summary:
The City will submit a CBIR to seek funding assistance for stormwater infrastructure improvements.
The City has received $400,000 for stormwater infrastructure improvement funding in each of the past
two years, and seeks additional funding assistance for the City's ongoing Capital Improvement
Program.
The City will submit a CBIR to seek funding assistance to support the City's After School Program.
In 2005, the City received a legislative appropriation of $100,000 from Juvenile Justice for the
After School Program, but unfortunately this item was vetoed. The City has received a $50,000
earmark in the Federal Justice Appropriations Bill for F¥2006, and seeks funding assistance from
the State of Florida in the 2006/07 Budget.
Facilily Grant Application
Support full funding of the Cultural Facilities Grant Program to ensure that the
Colony Theater Phase III grant application is fully funded.
The Colony Theater Restoration Project will not only restore the theater's original Lincoln Road
Beach Renourishment
Request:
fa(;ades, but will transform the theater into a fully functional performance facility.
Fully fund beach renoudshment at $30 million and support Miami-Dade County's request for beach
renourishment funding.
Hazard and Pre-disaster
Request:
Summary:
Mitigation Grant Programs
Support full funding of City project in the FY 06 Hazard Mitigation Grant Program and FY 05 Pre-
disaster Mitigation Grant Program.
The City seeks funding through HMGP for storm shutters and protective glass for City buildings. A
grant application has been submitted to the FY05 PDM program in the amount of $1,220,000 and the
City intends to submit another application for the FY 2006 programs for hazard mitigation. The City
also seeks funding through the HMGP planning program for a Geographic Information System
($322,464) and funds to develop and Emergency Management Plan ($96,750). The State of Florida
manages the program on behalf of the Federal government through the Florida Division of
Emergency Management.
Domestic Securily Program
Request: Support full funding for City projects submitted through Miami-Dade County to the State of Florida's
FY 05/06 Domestic Security Program.
Summary: The City has submitted, through Miami-Dade County, twelve (12) different projects for State Domestic
Security funding, totaling $5,360,266. All projects support Florida's Domestic Security Strategy.
Funding is provided to the States from the US Department of Homeland Security.
District Cost Differential
Request:
Anchoring and Mooring
Request:
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.
Research potential funding sources for the study and establishment of a mooring field / anchorage
area.
Entertainment Industry Incentives
Request: The City supports full funding of the Entertainment Industry Incentive Fund.
Cirque de Soleil
Request:
Summary:
The City is researching potential incentive programs that this project may qualify for.
The City of Miami Beach wishes to explore potential assistance from the State of Florida for the
conversion of the Jackie Gleason Theater into a performance venue for Cirque de Soleil.
Other Miami Beach Funding
Summary: The City will monitor funding levels for Miami Beach based organizations during the budget process.
In the past, organizations and projects that provide services to the Miami Beach community have
received earmarks, such as the Miami Beach Senior Center and the meals program.
ADDITIONAL ITEMS TO MONITOR
State Housing Initiatives Partnership Funding Levels
Outdoor Advertising
Red Light Photo Enforcement
Municipal Issues Identified by the Florida League of Cities
Transportation Funding
Communily Redevelopment Agencies
Public Notices
Digital Imaging / Public Records
Homestead / Properly Tax Issues
STEPHEN A. ECENIA
RICHARD M. ELLIS
KENNETH A. HOFFMAN
LORENA A. HOLLEY
MICHAEL G. MAIDA
MARTIN P. McDONNELL
J. STEPHEN MENTON
RUTLEDGE, ECENIA, PURNELL & HOFFMAN
PROFESSIONAL ASSOCIATION
ATTORNEYS AND COUNSELORS AT LAW
POST OFFICE BOX 551,32302-0551
215 SOUTH MONROE STREET, SUITE 420
TALLAHASSEE, FLORIDA 32301-1841
TELEPHONE (850) 681-6788
TELECOPIER (850) 681-6515
MEMORANDUM
HAROLD F. X. PURNELL
MARSHA E. RULE
GARY R. RUTLEDGE
MAGGIE M. SCHULTZ
GOVERNMENTAL CONSULTANTS
MARGARET A. MENDUNI
M. LANE STEPHENS
TO:
Mayor David Dermer
City Commissioners and City Manager Gonzalez
City of Miami Beach
VIA:
E-mail to Kevin Crowder (hard copy to follow)
FROM:
Gary Rutledge
Fausto Gomez
Bob Levy
Margie Menduni
Manny Reyes
Mary Snow
DATE:
November 22, 2005
SUBJECT: Monthly Report, November 2005
POLITICAL ISSUES
Govemor Jeb Bush has called a Special Session of the Legislature to cover a Medicaid waiver
and the implementation of slot machines in Broward County. The Special Session is to run from
noon on Monday, December 5, to midnight on Friday, December 9, 2005. It is possible that
Speaker Bense and President Lee will add topics to the call at which time we will notify City
staff.
The week of November 14, the Governor traveled on a trade mission to Germany and
Switzerland. In Germany, he visited Munich and Diisseldorf and in Switzerland, the City of
Basel. The Governor is promoting trade, investment and business opportunities in information
technology, biotechnology, health care and pharmaceuticals among others. Among the sponsors
for the trip include the University of Miami School of Engineering and Express Travel of Miami.
On November 11, 2005, Governor Bush issued Executive Order 05-241, regarding the
development of a Statewide Comprehensive Energy Plan. In the Executive Order, the Governor
directs state agencies to continue their energy conservation efforts to reduce the demand for
energy in Florida and to develop further innovative conservation initiatives. In addition, he
RUTLEDGE, ECENIA, PURNE~.~. & HOFF~N
City of Miami Beach
Monthly Report -November 2005
Page 2
encourages the local governments to develop and implement long-term conservation initiatives.
The Executive Order directs the Secretary of the Department of Environmental Protection to
develop a comprehensive energy plan for the State of Florida. To assist the Secretary in this
energy plan, a 2005 Florida Energy Forum will be held on December 31, 2005, in Tallahassee.
Forum participants are directed to address "the diversification of Florida's energy supplies,
energy generation, transmission, distribution, conservation and energy security, as well as to
discuss the barriers presented by government and potential incentives that may be offered to help
Florida's future energy needs."
On November 15, 2005, the State's Revenue Estimating Conference forecast an extra $3.2
billion of tax receipts for the remainder of 2005 and 2006. $!.7 billion was added to the
revenues expected for 2005 and an additional $1.5 billion is to be expected during 2006. The
additional revenue is the result of hurricane rebuilding and the state's housing boom. However,
the estimating conference predicted that Florida's economy will start slowing in 2006 due to
higher interest rates, higher energy bills and higher inflation.
Florida's Secretary of State Glenda Hood announced on November 2 that she plans to resign
from her position, effective November 21, 2005. The former Orlando Mayor did not reveal her
future plans. The Governor is expected to announce her replacement after his European trip.
LEGISLATIVE ISSUES
The Florida Legislature met for Interim Committee Meetings from November 7-10. The
following reflects areas of interest during that week for the City of Miami Beach.
House Select Committee to Protect Private Property Rights
This committee met on November 8 and heard testimony from the Community Redevelopment
Association, the Property Rights Coalition, the Florida Association of Counties, the Florida
League of Cities and the Mayor of Hallandale Beach. Under separate cover, we have forwarded
to staff, the League of Cities' presentation. Among their suggestions was the addition of
additional protection under the Community Redevelopment statutes for private property owners
facing exercise of eminent domain that would result in a private-to-private transfer of property.
The League recommended that if a local government has to exercise the power of eminent
domain for an eventual private-to-private transfer of property, then that government should
follow a procedural process and provide heightened substantive protections. Committee
Chairman Marco Rubio began to draw some consensus among committee members on a number
of issues that are outlined in a matrix that we have forwarded to staff. The Committee was able
to discuss three of the issues and will continue on the rest during the meeting that will be held
during Special Session in December.
Transportation
I~U~LEDGE, ECENIA, PUR~EI.T. & HOFFMAN
City of Miami Beach
Monthly Report -November 2005
Page 3
The Senate Committee on Transportation met on November 8, and heard a presentation by ITS
Florida, i.e., Intelligent Transportation Systems. This group is an official adviser to Florida's
Department of Transportation. It is made up of public, private and academic transportation
organizations for the purpose of sharing ideas and information. In the presentation, ITS
explained to the Committee that over the next ten years, Florida will need an additional $23
billion just to keep traffic the way it is today. The goal of ITS is to use technology and
partnerships to increase the efficiency and safety of Florida's transportation system. Examples of
some of the technological innovations are traffic signal controls, freeway management systems,
traffic management centers, traveler information centers, transit management, incident
management of electronic toll collection, electronic fare payment, electronic emergency
management and commercial vehicle management. ITS is part of a national association.
The Committee also heard a presentation from the Florida Department of Transportation
regarding status of funding of growth management transportation funds. The presentation
stressed funding for the Strategic Intermodel System (SIS) for fiscal years 05/06 through fiscal
year 10/11. The plans for funding SIS over that time period include $3.1 billion to increase
transportation mobility on a regional basis and promote additional transportation choices. The
SIS work program will account for $10 billion and the SIS growth management program will
account for an additional $3.1 billion for the total of $13.1 billion. The breakdown of the $13.1
billion includes the following:
$1.3 billion for highway mainline
$9 million intermodel
$302 million rail
$5 million intelligent transportation systems
$73 million seaport
$151 million aviation/spaceport
$324 million highway seaport connector
$43 million highway aviation connector
$14 million highway rail connector.
Government Efficiency Appropriations
The Senate Committee heard staff reports on interim projects including an interim project
entitled "Sales Tax Distribution." Committee staff is recommending a rewrite of Florida's
section 212.20(6)(d). This section of the statute governs the distribution by the Department of
Revenue for most of the sales tax revenue collected. The distribution schedule outlined in that
statute is complicated, mainly because certain sections depend upon distribution of other
sections. For example, the statute reads "after the distribution under subparagraph (1) and (2),"
"after the distribution under subparagraphs (1), (2) and (3)" "after the distribution under
subparagraphs (1), (2), (3) and (4)", etc. The staffhas recommended that none of the distribution
totals remain the same but that each of the subsections stand-alone. The Committee directed
staff to come back to the committee with a proposed committee bill.
I~U~LEDGE, EOENIA, P~LT~ & HOFFlW~N
City of Miami Beach
Monthly Report -November 2005
Page 4
The Committee also heard a presentation on the assessment of homestead property damaged or
destroyed by a misfortune or calamity. The presentation of this interim project brought to the
Committee's attention that the two different state property appraisers groups do not agree on how
to appraise homesteads beset by calamity. Chairman Atwater directed the two groups to meet in
the interim and to come back in January with an agreed upon proposal for such an assessment.
House Committee on Claims
This Committee met on November 9 and heard staff presentations regarding proposed committee
bills (1) entitled Joint Legislative Claims Committee and (2) adoption of Joint Rule 8 regarding
the Joint Legislative Claims Committee. They are basically proposing a joint committee with
joint rules rather than separate committees in each chamber.
Hurricane Preparedness
The House Health Care General Committee and the House Domestic Security Committee met
jointly on November 10 to evaluate the state's hurricane preparedness. In the first of a number
of joint meetings to come, Lieutenant Governor Toni Jennings addressed the Committee and
shared her experiences during the '04 and '05 hurricane season. She asked the Committee to
very carefully consider not going in the direction of the state providing generators for businesses
and residences. The Lieutenant Governor stressed the various functions of local government
being the first responders in storm's way, the state government moving in from staging areas and
the federal government moving in as directed by the state.
The Committee then heard two-panel discussions addressing sheltering and evacuation during
hurricanes. The first panel consisted of state agency representatives from the Department of
Health, Community Affairs, Elder Affairs, FDLE, Military Affairs and a federal representative
from HHS. Craig Fugate, Director of Emergency Management with DCA, stressed the areas
needing improvement to include the following three: getting the product into areas more
quickly, focusing on those residents who are not able to prepare and educating citizens in
personal responsibility. Members of the Committee from South Florida had lots of complaints
about the slow restoration of electrical power. However, there was no one on the panel who
could directly address that issue. The second panel was composed of Directors of Emergency
Management from local governments, including Martin, Orange,' Charlotte and Escambia
Counties. Miami-Dade County was scheduled but was not present. Among the issues stressed
by the local governments, included clear regional plans for evacuation, increased funding for
special needs shelters, voter registration procedures for special needs citizens and clear
identification of distribution centers.
Legislative Bills
The following is a list of bills for the Regular 2006 Session we have added to the Miami Beach
list since our last report.
I~U~LEDGE, ECENIA, PURNELI. & HOFFMAN
City of Miami Beach
Monthly Report -November 2005
Page 5
· HB 279, by
· HB 285, by
· HB 301, by
· HB 305, by
· HB 319, by
· HB 339, by
· HB 343, by
· HB 353, by
· HB 259, by
· HB 369, by
· HB 383, by
· SB 506, by
· SB 524, by
· SB 528, by
· SB 530, by
· SB 546, by
· SB 568, by
· SB 574, by
· SB 588, by
· SB 590, by
· SB 594, by
· SB 596, by
· SB 598, by
· SB 604, by
· SB 606, by
· SB 612, by
· SB 624, by
· SB 626, by
· SB 638, by
· SB 644, by
· SB 680, by
· SB 692, by
· SB 702, by
· SB 780, by
Berfield, Relating to Hurricane Loss Mitigation Programs
Needelman, Relating to Emergency Management Powers/Governor
Quinones, Relating to Local Option Surcharge/Motor Vehicle
Detert, Relating to Economic Development/Tax Credit
Smith, Relating to Gasoline Stations/Power Outage Backup
Brandenburg, Relating to "Sexual Predators/Residency
Sobel, Relating to Services for Seniors
Lopez-Cantera, Relating to Homestead Exemption Increase
Reagan, Relating to Mark Wandall Traffic Safety Act
Carroll, Relating to Eminent Domain/Limitation on Power
Barreiro, Relating to Relief/Tuncs/Miami Beach
Baker, Relating to Eminent Domain/Limitations on Power
King, Jr., Relating to Eminent Domain/Limitation on Power
Geller, Relating to Gasoline Stations/Backup Power
Atwater, Relating to Consumer Emergency Gasoline
Fasano, Relating to Homeowner's Associations
Baker, Relating to Emergency Management Powers/Governor
Lynn, Relating to Eminent Domain/Limitation of Power
Constantine, Relating to Construction Lien Law
Posey, Relating to Emergency Management Powers/Governor
Geller, Relating to Property Rights/Ineligible Aliens
Geller, Relating to Tax Rate/Decrease
Geller, Relating to Ad Val Tax/Just Value/Eminent Domain
Geller, Relating to Sales & Use Tax Exemption Committee
Geller, Relating to Tax Exemption Review Committee
Siplin, Relating to Tourist Development Tax
Saunders, Relating to Economic Development/Tax Credit
Saunders, Relating to Eminent Domain
Clary, Relating to Sheltering of Sex Offender/Predator
Campbell, Relating to Sovereign Immunity
Wilson, Relating to Electric Utility Transmission/Study
Webster, Relating to Sales Tax/School Supplies & Clothing
Alexander, Relating to FRS/County & Municipal Code Officers
Klein, Relating to Property & Casualty Insurance
SB 784, by Transportation & Economic Development Appropriations, Relating to
Community Contribution Tax Credits
SB 792, by Government Efficiency Appropriations, Relating to DORfRetums & Accounts
Info./OGSR
SB 7024, by Government Efficiency Appropriations, Relating to Sales & Communications
Services Tax
RU~LEDGE, EOENIA, PU~~J. & HOFFMAN
City of Miami Beach
Monthly Report -November 2005
Page 6
SB 7026, by Government Efficiency Appropriations, Relating to Homestead Property
SB 7028, by Government Efficiency Appropriations, Relating to Homestead Property.
OTHER ISSUES OF INTEREST
Insurance
There has been considerable discussion on both the state and national level regarding insurance
coverage for catastrophic events. On a state level, Citizens Insurance, the state-mn insurer of last
resort, faces a $950 million deficit after Hurricane Wilma. Citizens which must by law have
rates higher than any other insurer in the state, has announced a 15.4% increase with an increase
of 16.25% for homeowners in high risk areas in premiums. Governor Bush told the press
recently that Citizens needs to be charged or perhaps, even abolished and that the Florida
Legislature needs to look carefully at all aspects of Citizens, including using general tax dollars
to back up Citizens instead of assessments on other companies and homeowners.
In Washington, Florida Congresswoman Ginny Brown-Waite and Congressman Clay Shaw have
filed legislation to create a National Catastrophic Fund. In their proposal, state catastrophic
funds would be backed by a federal fund sharing the cost between state and federal governments.
On a national level, insurance regulators from California, Florida, Illinois and New York recently
asked participants at the National Catastrophic Insurance Summit to revamp the national
catastrophic coverage to cover homeowners and renters from all perils except war and terrorism.
Growth Management
The Century Commission for a Sustainable Florida, which was established by the growth
management bill in the 2005 session, met for the first time on November 14, 2005, in Largo,
Florida. This Commission which is directed by the legislation to examine the impact of
population growth in Florida over the next 25-50 years conducted an organizational meeting to
discuss the scotvz of the Commission responsibility and the legislative intent. ~Xhey also heard
two presentations, the first entitled "From New South to Sunbelt: The Emergence of Florida as
Mega-State" by Dr. Gary Mormino, Professor of Florida Studies at the University of South
Florida, and a presentation by Dr. David Denslo, Professor of Economics at the University of
Florida, entitled "Economic Trends." The Commission will meet again in January 2006. The
location has not been decided.
On November 3, 2005, Governor Bush and Transportation Secretary Denver Stutler announced
$3.1 billion in growth management transportation grants to be awarded over the next five years.
The following is a list of Miami-Dade projects which were included in the announcement.
Palmetto Expressway
Central Blvd. To MIA
Rail Bridge over Miami Canal
$17 million 2008
$48.5 million 2010
$625,000 2006
RU~LEDGE, EOENIA, PURNELL & HOFFMAN
City of Miami Beach
Monthly Report -November 2005
Page 7
Railroad Track in Medley $770,000
1-75 from Broward line to SR 826 $4 million
2006
2007
Under separate cover, we have forwarded to staff a copy of a model ordinance for "proportionate
fair share" developed by the Senate for Urban Transportation Research at the University of South
Florida under a grant from the Florida Department of Transportation. The 2005 growth
management legislation directed local governments to enact concurrency management
ordinances by December 1, 2006, that allowed for proportionate share contribution from
developers and directed the FDOT to develop a model ordinance by December 1, 2005. The
proportionate fair share payment is intended as a 'means to address specific transportation
concurrency issues such as a road segment or segments that are operating the adopted level of
service standard. This allows the developer to go forward with his project under certain
circumstances, even if there is a failure of transportation concurrency by contributing their
proportionate fair share of the cost of improving the impact to transportation facility.
Rules
We have forwarded to staff proposed changes to Rule 1T-I.O01 which makes changes to
programs within the Division of Cultural Affairs.
We also forwarded to staff proposed rule changes by the Department of Community Affairs for
Rule 9G-19, Base Funding for County Emergency Management and Other Emergency Grants.
Waste Management
Under separate cover, we have forwarded to staff a draft legislative bill from the staff of the
Senate Environmental Protection Committee. The bill makes major changes to the Solid Waste
Management Act in Florida Statute Chapter 403.
LEGISLATIVE CALENDAR
December 5 - 9, 2005
January 9- 13, 2006
January 23 - 27, 2006
February 6- 10, 2006
February 13 - 17, 2006
February 20- 24, 2006
March 7, 2006
May 5, 2006
Special Session
Interim Committee Meetings
Interim Committee Meetings
Interim Committee Meetings
Interim Committee Meetings
Interim Committee Meetings
Opening Day of Regular Session
Last Day of Regular Session - (Sine Die)