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2008-26745 ResoRESOLUTION NO. 2008-26745 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE CITY'S STATE LEGISLATIVE AGENDA FOR THE 2008 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 will present its legislative agenda to the Miami-Dade County Legislative Delegation in January, 2008; 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 State Legislative Agenda for the 2008 Session of the Florida Legislature be approved, as more specifically set forth in the attached Exhibit A. PASSED and ADOPTED this 16t1~ day of .7anuary , 2008. Mayor Matti H. Bower ATTEST: ,. (~~- City Clerk Robert Parcher T:~,4GENDA~2008WANUARY 16\REGULAR\STATE LEGISLATIVE PRIORITIES RESO.DOC gPPR01-ED AS TO FORM 8~ LANGUAGE & FOR EXECUTION l~~l COMMISSION ITEM SUMMARY Condensed Title: A RESOLUTION APPROVING THE CITY'S LEGISLATIVE AGENDA FOR THE 2008 SESSION OF THE FLORIDA LEGISLATURE Ke intenaea outcome au orzea: Supports Multiple KIOs Supporting Data (Surveys, Environmental Scan, etc.): The quality of the beaches appears as one f the most important areas affecting quality of life. More recreational opportunities is ranked as one of he changes that will make Miami Beach a better place to live. Storm drainage catch basins cleaning itywide; improving infrastructure was listed number 5 in important safety areas for the City to Issue: Shall the City Commisison approve the City's legislative agenda for the 2008 Session? item Summary~Kecommenaat~on: The Administration recommends that the Mayor and City Commission adopt the resolution approving the City's legislative agenda for the 2008 session of the Florida Legislature. On September 25, 2007, LTC No. 214-2007 was transmitted to the Mayor and City Commission, providing an update on the City's State Legislative Issues, and a preliminary 2008 legislative agenda. On October 17, 2007, the preliminary state legislative agenda was approved by the Mayor and City Commission. On January 4, 2008, the City's lobbyists met with the Mayor and each Commissioner to discuss the final legislative agenda and the City's priorities for the 2008 legislative session. Attached, please find the proposed 2008 State Legislative Agenda for consideration and approval. Some of the key priorities include: •Property Insurance •Protection of Ocean Lifeguards •Local Authority •Renewable Energy •Stormwater Infrastructure Funding Advisory Board Recommendation: Financial Information: Source of Amount Account Funds: ~ 2 3 OBPI Total Financial Impact Summary: Ci Clerk's Office Le islative Trackin Kevin Crowder, Economic Development u AGENDA. ITEM ~ Q ~r '~ ~ ~ ~ ~ ~ ~~ 1 1 DATE -O m MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti H. Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager DATE: January 16, 2008 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE CITY'S LEGISLATIVE AGENDA FOR THE 2008 SESSION OF THE FLORIDA LEGISLATURE. Administration Recommendation Adopt the Resolution Background On September 25, 2007, LTC No. 214-2007 was transmitted to the Mayor and City Commission, providing an update on the City's State Legislative Issues, and a preliminary 2008 legislative agenda. On October 17, 2007, the preliminary state legislative agenda was approved by the Mayor and City Commission. On January 4, 2008, the City's lobbyists met with the Mayor and each Commissioner to discuss the final legislative agenda and the City's priorities for the 2008 legislative session. Attached, please find the proposed 2008 State Legislative Agenda for consideration and approval. Some of the key priorities include: • Property Insurance • Protection of Ocean Lifeguards • Local Authority • Renewable Energy • Stormwater Infrastructure Funding The City will also continue to monitor activities related to property tax, by the Legislature, the Taxation and Budget Reform Commission, and the various petition drives. This year will present significant funding challenges during the legislative session, as was discussed at the January 8, 2008 meeting of the House Policy and Budget Council. At that meeting, Mike Hansen, the House's top budget expert, stated that the State faces a $1.9 billion deficit in the fiscal year that begins July 1. Additionally, projections show that the amount of general revenue expected to be available next year is $26.9 billion, the lowest amount since 2004, when the amount was $24.4 billion. Discussions have already begun concerning "sweeping" of government trust funds of surpluses, or increasing the state's debt level through bonding. January 16, 2008 Commission Memorandum State Legislative Agenda Page 2 of 2 Additionally, the Administration will also meet with the Quality in Education Committee at the end of January to finalize the City's legislative priorities for Education related issues, and will present the final Education Agenda at the February 13, 2008 City Commission meeting. A list of preliminary education policy statements and priorities is included in the attachment. Additional items may be presented to the City Commission during the months of March and April as the legislative process unfolds. Conclusion The Administration recommends that the Mayor and City Commission adopt the resolution approving the City's legislative agenda for the 2008 session of the Florida Legislature. JMG/HF/kc Attachment T:WGENDA\2008\January 16\State memo.doc m ~1~IAM'BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov Economic Development Department, 305.673.7193 2008 FLORIDA LEGISLATIVE AGENDA ADMINISTRATIVE I AGENCY ISSUES Submerged Land Lease Oppose rule changes proposed by the Florida Department of Environmental Protection that could result in up to a 43% increase ($70,000+) in the lease fee the City pays for the submerged land lease for the Miami Beach Marina.: LEGISLATIVE PRIORITIES Property Insurance I Windstorm Mitigation Continue legislative efforts to address the crisis in Florida's. hurricane insurance market, incorporating the following guidelines (Resolution No. 2006-26279): 1. Consideration should be given to proposals that will lead to the depopulation of Citizens; 2. Allowing private insurance companies more freedom to raise rates is not a suitable solution for Florida's homeowners; 3. As a substantive reform of the insurance market is needed, waiting on the federal government to create a national catastrophe fund or creating hurricane-related tax free savings account is insufficient to solve the current crisis in the hurricane insurance market; 4. The Florida Legislature should not be limited to only private market solutions which will continue the current status-quo of runaway premium hikes and assessments on Floridians; Expand the eligibility criteria for the My Safe Florida Homes Program to include hurricane mitigation measures for multi-family buildings. (Resolution No. 2006- 26302) Create a grant program that assists multi-family buildings in complying with the alternative power source .requirement of Section 553.509, Florida Statutes. (Resolution No. 2006-26302) Citywide Wireless Network Oppose legislation that will limit or prohibit the City's ability to continue this project. Protection of Ocean Lifeguards Amend Chapter 784.07, F.S., to include `Ocean Lifeguards' for purposes of certain enhanced penalties imposed for assault or battery. In the past, there have been incidents where ocean lifeguards were assaulted on the beach while in the course of doing their jobs. Florida Statute 784.07 gives added protection to public 2008 Florida Legislative Priorities Page 2 of 4 servants who are the victims of assault and battery while in the course of performing their duties,. by increasing the classification of the offense from a misdemeanor of the second degree to a misdemeanor of the first degree in the case of assault and from a misdemeanor of the first degree to a felony of the third degree in the case of battery. Local Authority Monitor legislative efforts to erode local control and authority, as well as efforts to pass additional costs from the State down to local governments. Anchoring and Mooring Explore opportunities to expand local authority to address issues related to the anchoring of vessels behind single family homes.. 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 with members on compromise legislation that is in the best interest of the City. Condominium Reform 1. Create a conduit financing mechanism for major condominium repairs; 2. Reduce initial recertification requirement for condominium buildings from forty to twenty years, with renewal every ten years thereafter; 3. Authorize local government to require that condominium associations provide confirmation that all unit owners have been noticed of all common area code violations,- prior to occupational license renewal. Convention Center Sales Tax Refund The City supports the introduction and passage of legislation in the Florida Legislature that will return 50% of the sales taxes remitted by eligible convention centers to the municipality that owns the center for economic development purposes. Renewable Energy Research innovative programs and funding opportunities for potential renewable energy initiatives in Miami Beach. Monitor the implementation of the recommendations of the Legislative Renewable Energy Committee, and provide input into the development of grant programs. Cellular Telephones Pursuant to Resolution 2006-26241, the City of Miami Beach urges the Florida Legislature to change Florida law to preclude cellular telephone usage by motor vehicle operators while located in a school zone; or, provide for increased penalties for accidents that take place in school zones, if the at-fault driver was using a cellular phone at the time. Equal Rights Amendment Pursuant to Resolution No. 2006-26130, the Legislature should ratify the proposed Equal Rights Amendment to the United States Constitution. Water Safety Pursuant to Resolution No. 2006-26413, the City supports strengthening of 2008 Florida Legislative Priorities Page 3 of 4 vessel safety regulations with regard to personal flotation device requirements to conform to federal regulations that are stricter with regard to child age requirements and vessel length. Adoption Pursuant to Resolution, the City urges the Florida Legislature to abolish the restriction against homosexual adoption contained in Florida Statutes. FUNDING PRIORITIES COMMUNITY BUDGET ISSUE REQUESTS (CBIR): Stormwater Infrastructure Improvements The City seeks funding assistance for stormwater infrastructure improvements in the amount of $5 million. Historic Preservation The City seeks funding assistance for the continued preservation and enhancement of the City's archives. Other Miami Beach Funding 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 funding for the Seymour Gelber Adult Day Care/Senior Ride Program and the JCS Senior Meals Program. GRANT PROGRAMS: Support full funding of City projects in the FY 08 Hazard Mitigation Grant Program and Pre-disaster Mitigation Grant Program, and for City projects submitted through Miami-Dade County to the State of Florida's FY 07/08 Domestic Security Program. The City supports full funding of recreation, cultural arts, historic preservation programs and affordable & workforce housing programs. STATE BUDGET ISSUES: Affordable Housing The City supports removal of the cap on the Sadowski Act Trust Funds and an increase of the funding available. Beach Renourishment Fully fund beach renourishment at $30 million. Hurricane Mitigation /Property Insurance Adequately fund free inspections and matching grants for hurricane mitigation improvements to multi-family buildings (apartments and condos). Entertainment Industry Incentives The City supports full funding of the Entertainment Industry Incentive Fund. 2008 Florida Legislative Priorities Page 4 of 4 PRELIMINARY EDUCATION PRIORITIES AND POLICY STATEMENTS Monitor legislation that subverts local control of local school boards and superintendents. Fully fund the operating and capital outlay costs of implementing the class size reduction constitutional amendment. Oppose any attempt to equalize the 2 mill levy. (If equalized, Miami-Dade funding would go to the other school districts) Prairie Avenue Drainage Project Work cooperatively with the Miami Dade School District to secure one time capital construction funds to help fund the costs associated with a drainage system in lower Prairie Avenue to mitigate drainage impacts in the area associated with the construction of improvements to Miami Beach High School. Florida Education Finance Program Increase educational funding through the Florida Education Finance Program (PEEP) towards the national average in per pupil expenditures, taking into account actual student enrollment, cost of living, equalizing features in the FEFP formula, inflation, increasing utility and insurance costs, the actual cost of delivering programs to special populations, and the principals of adequacy and equity. Teacher Housing Create and fund a housing supplement for teachers whose district housing costs are above the state average. Eligibility will be determined by household income. Quality of Education Committee ~ School Board Issues The Administration will continue discussion with the Quality of Education Committee and will present recommendations for education priorities as part of the City's final legislative agenda in January 2008. Otherlssues The Administration will continue to monitor other issues that may require evaluation by the City Commission prior to Commission consideration of the final legislative agenda in January 2008.