LTC 192-2007 State Legislative UpdateR~C.;~~11~~
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CITY CIERK'S OfFICF
OFFICE Of THE CITY MANAGER
NO. LTC # 192-2007 LETTER TO COMMISSION
TO: Mayor David Dermer and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: August 22, 2007
SUBJECT: STATE LEGISLATIVE UPDATE
The purpose of this LTC is to provide the Mayor and City Commission with the attached
legislative update from the City's state lobbyists. Included in the report are brief updates on
political issues, legislative issues including the Bert Harris Act, and other items of interest
such as property tax, bridge safety, insurance and energy.
Additionally, in preparation for Special Session C, which will take place in September, the
City's lobbyists have provided a report on the 2007-2008 proposed State Agency budget
reductions. Included in this report are items that are of interest to the City, such as possible
reduction of the statewide allocation of beach renourishment funds, elimination of the
Community Workforce Housing Initiative Pilot Program, a decrease of the Residential
Construction Mitigation Program, a 10% decrease in the allocation for each County Health
Department, and many other reductions.
The Administration will continue to monitor and provide updates regarding the activities in
Tallahassee as the Special Session begins. In the meantime, if you have any questions or
comments please do not hesitate to contact me.
Attachments (2)
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F:\ECON\$ALL\KEVIN\Legislatlve Priorities\State Legislative\august report.doc
RUTLEDGE, ECENIA, PURNELL & HOFFMAN
PROFESSIONAL ASSOCIATION
ATTORNEYS AND COUNSELORS AT LAW
STEPHEN A. ECENIA
RICHARD M. ELLIS
KENNETH A. HOFFMAN
JOHN LOCKWOOD
MARTIN P. MCDONNELL
J. STEPHEN MENTON
POST OFFICE BOX SSI, 32302-0SSl
21S SOUTH MONROE STREET, SUITE 420
TALLAHASSEE, FLORIDA 32301-1841
R. DAVID PRESCOTT
HAROLD F.X. PURNELL
MARSHA E. RULE
GARY R RUTLEDGE
MAGGIE M. SCHULTZ
TELEPHONE (8S0) 681-6788
TELECOPIER (8S0) 681-6S1S
MEMORANDUM
T0: Mayor David Dermer
City Commissioners and City Manager Gonzalez
City of Miami Beach
VIA: E-mail to Kevin Crowder
FROM: Gary Rutledge
Fausto Gomez
Bob Levy
Margie Menduni
Jon Costello
Manny Reyes
Jose Diaz
DATE: .August 20, 2007
SUBJECT: August 2007 Monthly Report
GOVERNMENTAL CONSULTANTS
JONATHAN M.COSTELLO
MARGARET A. MENDUNI
Political Issues
According to House Rules, on August 1, all assignments to Committee and Councils expired.
Speaker Rubio made a number of changes to those positions which we sent to you under separate
cover.
Legislative Issues
Budget
In preparation for Special Session C, government agencies were requested to submit proposed
budget cuts of 10% of their total budget in a prioritized fashion. After review of these proposed
City of Miami Beach
August 2007 Monthly Report
Page 2
cuts, we have compiled a list of times which maybe of interest to the City of Miami Beach. It is
attached to this report.
Bert Harris
The team arranged for local government representatives to meet with Representative Precourt
(R) from Winter Garden during the League of Cities Conference this month. Representative
Precourt intends to again file a Bert Harris bill for the 2008 Session. The purpose of the session
was to discuss the various issues which included the following:
• Change from 180 days to 120 days the time frame for notices to the local government of
intent to seek compensation prior to filing an action;
• Extending the one year statute of limitations to two years;
• Addition of the following phrase: "Enacting a law or adopting a regulation does not
constitute applying the law or regulation to a property."
• Waiving sovereign immunity relative to Bert Hams claims.
No agreements were reached at the meeting. Bill language is being sent to us. Representative
Precourt asked that our team take the lead for local governments.
Private Information
Speaker Rubio has appointed a Select Committee to Protect Personal Information to examine
state and federal laws governing the dissemination of private information held by state and local
governments. The Committee is chaired by Representative Proctor. There are two South Florida
members, Representative Carlos Lopez-Cantera and Representative Ronald Brise.
Other Issues of Interest to the City of Miami Beach
Commission on Disabilities
On July 26, 2007, Governor Crist established by Executive Order the Governor's Commission
on Disabilities which will be chaired by Lance Block. The 19-member Commission appointed
by the Governor is directed to advance public policy for the disability community, provide a
forum for advocacy and to make recommendations. The Committee will serve until July 26,
2008.
Property Tax
Representative Attkisson, a Republican from Kissimmee, has formed a Committee to place an
initiative on the November 2008 ballot. The Committee, Florida's Foundation For Tax &
Economic Reform would promote a proposal to swap property taxes for an increase in sales tax.
The initiative was initially placed before the Legislature by Speaker Rubio.
City of Miami Beach
August 2007 Monthly Report
Page 3
Florida Bridges
As a result of the unfortunate accident in Minneapolis, Governor Crist has ordered DOT
Secretary Kopelousos to give him a report on the condition of Florida's 11,000 bridges.
According to news reports, 276 bridges in Florida are classified a structurally deficient.
Juvenile Justice
Former Lieutenant Governor Frank Brogan will chair a 25-member "Blueprint Commission"
formed by Florida's Secretary of the Department of Juvenile Justice Walt McNeill. The
Commission will address juvenile justice topics such asover-representation of minority youth,
increased involvement of girls in the juvenile system and juvenile recidivism. The Commission
will hold its first public hearings September 4 and 5 in Ft. Lauderdale.
Property Insurance
On August 2, the Board of the Florida Citizens Property Insurance Corporation heard good
financial news from its CFO. As of May 30, 2007, Citizens had a $1.9 billion surplus. The total
surplus for 2006 was $1.1 billion.
The Task Force on Citizens Property Insurance Corporation claims handling and resolution
chaired by General Milligan continues to meet. The Task Force met by conference call on
August 1 to hear updates on independent adjusters and insurance agents. The next actual
meeting will be on October 5 in Tallahassee.
Ener
On August 13, Governor Crist appointed his Energy Action Committee which was part of his
climate change Executive Orders. The 21-member team appointed by the Governor will be
chaired by Mike Sole, Secretary of Florida's Department of Environmental Protection. The team
is also composed of members from the PSC, the Legislature, Florida's Consumer Advocate, five
representatives from the environmental community, three from the business community, three
from the academic community, one from the utilities industry and one local government
representative. The team is directed to work in two phases. The first phase is to be completed
by November 1, 2007, and it includes recommendations, including legislative initiatives to
"enhance energy and conservation by incorporating greenhouse gas emission strategies." In
addition, they are to establish policies for emissions reporting and measures to reduce emissions.
Phase II which is to be completed by October 1, 2008, will address more long-term issues related
to the reduction of greenhouse gases in the areas of economic development, university-based
research and technology development.
The legislatively established Florida Energy Commission has formed several advisory groups.
The advisory group on climate change will hold a meeting on August 23 at 10:00 in Fort
City of Miami Beach
August 2007 Monthly Report
Page 4
Lauderdale. It is to explore issues relating to greenhouse gas emissions and to develop a climate
control action plan. The Commission Advisory Group on Renewable Energy will meet on
August 21 in Panama City. They will discuss aFlorida-specific definition of renewable energy.
The Florida Energy Commission is to present its findings to the Legislature by December 31,
2007.
Under separate cover, we forwarded to you the announcement by DEP welcoming grant
proposals for renewable energy technologies. This grant program was established as part of the
2006 Florida Energy Act and each award will be at a maximum of $2.5 million.
Taxation and Budget Reform Commission
The Commission's Subcommittees met over the past month as follows:
• August 6 -The Portability Work Group met in Tallahassee to discuss property tax
exemption portability and further work group plans.
• August 7 -Conference call by the Required Local Effort Work Group to organize
research and assignments.
• August 9 -Finance & Tax Committee met in Tallahassee to receive a presentation by the
Department of Revenue on sales tax remote sales tax and compliance.
• August 10 -The Government Planning & Structure Committee met to receive
presentations on local government budgeting process and various constitutional revisions.
The local government presentation was made by Mark Fostier, Orange County
Comptroller.
• August 16 -Property Tax Work Group discussed property tax portability. Opposed to
portability were Commissioner Nancy Riley, John McKay and Randy Miller. Speaking
in favor was Commissioner Ken Wilkinson.
• August 17 -Government Services Committee heard a presentation on Medicaid and
budget implications in serving Florida's aging population.
• August 17 -The Government Procedures and Structure Committee heard a presentation
on the local education budgeting process by Senator Don Gaetz. There was also a
presentation on special taxing districts by the Florida Association of Special Districts.
• August 17 -Finance & Taxation Committee had a presentation by the Department of
Revenue on sales-tax exemptions.
• August 17 -The full Commission met to take reports from subcommittees and discuss
operating in the sunshine. Chairman Bense asked the Commission members to comment
on their expectations for recommendations going to the Legislature in 2008 or 2009.
Chairman Bense and Commissioner Scott had anticipated 2009; however Commissioners
Storey, Martha Barnett and Miller had anticipated 2008.
Future scheduled meetings include the following:
City of Miami Beach
August 2007 Monthly Report
Page 5
• August 21 -Governor Services Committee meeting in Orlando to hear presentations on
public safety costs projections from the Florida Department of Law Enforcement, Florida
Sheriffs' Association, Florida Police Chiefs Association, City of Orlando and Florida
Department of Corrections.
Calendar
August 27-28 Appropriation Committee Meetings
September 10-11 Appropriation Committee Meetings
September 18 Special Session C
October 1-5 Interim Committee Meetings
November 5-9 Interim Committee Meetings
December 10-14 Interim Committee Meetings
January 7-11 Interim Committee Meetings
January 22-25 Interim Committee Meetings
February 4-8 Interim Committee Meetings
February 18-22 Interim Committee Meetings
March 4 Opening Day of the 2008 Regular Session
MEMORANDUM
TO: Mayor David Dermer
City Commissioners and City Manager Gonzalez
City of Miami Beach
FROM: Margie Menduni
COPY: Gary Rutledge
Jon Costello
DATE: August 20, 2007
RE: 2007-2008 Proposed State Agency Budget Reductions
The following reflects items which have been proposed for reduction by state agencies which
may impact the City of Miami Beach. Although this does not purport to be a comprehensive
listing, it may provide you some assistance in preparing for Special Session C.
Department of Agriculture & Consumer Services
• Mosquito control reduction
Department of Environmental Protection
• Reductions of $5 million in statewide beach renourishment funds
Agency for Workforce Innovation
• Welfare transition reduction $2.2 million for Regional Workforce Board 23
• School readiness for Miami-Dade and Monroe Counties $2.2 million
Florida Housing Finance Corporation
• Elimination of CWIP, the Community Workforce Housing Initiative Pilot Program
Department of Community Affairs
• Decrease in operational funding for the new State Logistic Response Center
• Decrease by $1.6 million the Residential Construction Mitigation Program
• Decreased funding for the Local Hazard Analysis contracts
Department of Health
• Decrease by 10% the allocation for each County Health Department
• Decrease funding for Childrens Medical Services, including Infant and Toddlers
Stepdown Program
Agency for Health Care Administration
• 4% reduction in pharmacy reimbursement
• 4% reduction in hospital inpatient services
• 4% reduction in hospital outpatient services
• Decrease in behavioral health overlay services for juvenile detention centers by 14%
• Increase in county contribution for Medicaid nursing home care from $55 per person per
month to $189
• Limit payment of hospital claims for aliens to only emergency room care
• Limit medically needy programs for children and pregnant women
Department of Juvenile Justice
• Eliminate after care vocational education and training for residential youth
• Reduce contracted conditional release services for youth who have returned from
residential placement
• 8% reduction in low-risk offender beds
• 5% reduction in moderate risk non-secure offender beds
• 15% reduction in secure offender beds
• Recommendation that only youth adjudicated on a felony offense be placed in residential
programs
Fish &Wildlife
• Elimination of grants for local governments to provide boating safety education
• Eliminate supplemental compensation to nuisance alligator trappers
• Eliminate $3 million of non-CARL enhancement funds, including habitat enhancement,
wildlife monitoring, public access/recreation and general operation/equipment repair
Department of Children & Family Services
• Reduction of $30.1 million to Community Based Care Services
• 5% reduction in mental health services
• 5% reduction in temporary cash assistance
• Elimination of the Relative Care Giver Program
• 5% in funding for the Economic Self Sufficiency Program
Department of Highway Safety & Motor Vehicles
• Proposal to transfer the mobile home inspection program to a private entity
• Proposal to transfer the school crossing guard program to the Florida Sheriff's
Association
Eliminate funding for the Florida Prosecuting Attorneys Association education program
on DUI laws
Transfer the Uniform Ports Access Credential System to the Florida Ports Council
Close the Cape Coral driver's license office in Miami-Dade County
Justice Administration
• State Attorney for the Eleventh Judicial Circuit reduced funds by maintaining an average
of 84 positions vacant for 12 months
• A reduction in the Trial Support Trust Fund of $467,602 resulting in a decrease in
services to the County
• 10% cut in Public Defenders
Department of Transportation
• Reduction of the County Incentive Grant Program by $19.13 million
Department of State
• $5 million reduction in state aid to libraries