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HomeMy WebLinkAboutR-94-004204 J-94-269 2/13/94 RESOLUTION NO. 9 4 - 42 A RESOLUTION, WITH ATTACHMENT(S), SUPPORTING THE CITY OF MIAMI'S PACKAGE OF PRIORITY ISSUES FOR THE UPCOMING 1994 LEGISLATIVE SESSION, ENTITLED "THE CITY OF MIAMI FUNDING/LEGISLATIVE ISSUES, 1994", ATTACHED HERETO AND INCORPORATED HEREIN. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The Miami City Commission hereby supports the City of Miami's package of priority issues for the upcoming 1994 Legislative Session, entitled "THE CITY OF MIAMI FUNDING/LEGISLATIVE ISSUES, 1994", said package attached hereto and incorporated herein. Section 2. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 13th day of January--, 1994. j ST HEN P. CLARK, MAYOR ATTE t MATTY HIRAI CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: �`J // A. WINN J N S, II CITY ATTO Y BSS : M4269 � � Mjj!! xx r- i N 6 , 4liX �i 'N T .S) „.� CITY CO MEETING OFMMISSjQ� JA N 1 3 1994 Resolution No, 94_ 42 w�l FUNDING/LEGISLATIVE ISSUES 1994 ., 94- 42 3 1� Im wml- maa FUNDING/LEGISLATIVE ISSUES 1994 94- 42 CITY OF MIAMI FUNDING/LEGISLATIVE ISSUES 1994 TABLE OF CONTENTS Page SCHOOL BUSES/MINI VANS, SEAT BELTS REQUIRED 1 OCCUPATIONAL LICENSE TAX INCREASE 2 POPULATION CENSUS/REVENUE SHARING FORMULA 3 URBAN FORESTER POSITION, CITY OF MIAMI 4 MUNICIPAL VERIFICATION/COMMUNITY RESIDENTIAL HOMES 5 CABLE TELEVISION/PUBLIC SERVICE TAX 6 SOLID WASTE SERVICES/PUBLIC SERVICE TAX 7 SANITARY SEWERS/PUBLIC SERVICE TAX 8 PUBLIC OFFICERS; GENERAL PROVISIONS 9 OLD FIRE HOUSE #2 FIRE MUSEUM 10 MUNICIPAL FIRE DEPARTMENTS' CAPITAL IMPROVEMENT TRUST FUND 12 ISSUES SUPPORTED BY CITY Fuel Adjustment Charge, Exempt from P.S. Tax Appendix A Dade County League of Cities Issues Appendix B Florida League of Cities Issues Appendix C Flashing Yellow Lights Special Taxing Distrcts Appendix D 94- 42 S TITLE SCHOOL-BUSES/MINI-VANS, SEAT BELTS REQUIRED LEGISLATIVE Students are regularly standing in aisles, on ISSUE seats, or jumping up unexpectedly while being transported in public and private school buses and mini -vans. The restraint of seat belts would not only limit this activity, but would enhance the safety aspect of transporting students. The tables below demonstrate the current status of this safety aspect. They show for 1991 and 1992 the number of passengers involved in school bus accidents, and the number of students injured or killed. PROPOSED ACTION RESULTS EXPECTED WHEN PASSED RESULTS EXPECTED IF NOT PASSED 1991 ACCIDENTS State of Dade City of Passengers: Florida County Miami Involved 7,416 878 161 Injured 624 87 31 Killed 3 3 3 1992 ACCIDENTS Involved 7,422 1,123 88 Injured 692 157 4 Killed 1 1 1 Amend s. 316.614, F.S., to make it unlawful for a person to transport students in public and private school bises/vans unless all students are restrained by an approved safetvbelts._ A safe environment for children being transported in private or public buses. According to the National Highway Traffic Safety Administration, the use of safety belts reduces the number of injuries in vehicular accidents by 40% to 50%. The statistics above demonstrate the results that can continue to be expected if legislation is not passed. 1 4D 94- 42 1 2 3 4 5 6 7 8 9 1.0 1.1 .l. 2. '3 1.4 15 16 17 18 19 20 21 22 23 24 25 6 A bill to be entitled An act relating to the Transportation of Students (Title to be prepared by bill drafting) Be it enacted by the Legislature of the State of Florida: Section 1. Subsection (3)(a) of section 316.614, Florida Statutes, is amended to read: 316.614 Safety belt usage.- (3) As used in this section: (a) "Motor vehicle" means a motor vehicle as defined in s. 316.003 that is operated on the roadways, streets, and highways of this state. The term does not include: i. A seheel bits. 1.-2- A bus used for the transportation of persons for compensation. 2. 3- A farm tractor or implement of husbandry. 3.-4- A truck of a net weight of more than 5,000 pounds. 4.-5- A motorcycle, moped, or bicycle. la CODING: Words in struck through type are deletions from existing law; words underlined are additions. 4 - ri 42 TITLE OCCUPATIONAL LICENSE TAX INCREASE LEGISLATIVE The City of Miami levies occupational license ISSUE taxes in three categories; flat rate, graduated rate, and per unit rate. Legislation was passed during the 1993 session that created new section 205.0535, F.S., which dealt with reclassification and rate structure revisions, and restricted the license tax increase to flat rate licenses (see subsection (3)(a). That new legislation did not directly address licenses levied on Graduated and per unit rates. It is impossible to increase graduated and per unit PROPOSED ACTION RESULTS EXPECTED WHEN PASSED licenses within the constraints set out for flat rate licenses. Therefore, those licenses could not be increased or even equalized with flat rate licenses as the legislation had originally envisioned. Amend newlv enacted s.205.0535, F.S., to include language that any such license tax increase shall not exceed 50 percent for license taxes levied at graduated or per unit rates. The City will be permitted to increase taxes on occupational licenses_ which are levied on a graduated or per unit basis. This will enable the City to achieve_ the overall allowable increase of 10 percent, which would amount to approximately $420,000.00. RESULTS The City will be unable to increase taxes on EXPECTED IF those licenses and will, therefore, be unable to NOT PASSED achieve the 10 percent maximum allowed increase. Future increases permitted in section 205.0535(4) (5% every other year would also not be achievable thereby restricting future revenue increases. In addition, any equalization of rates within license categories will not be achievable. /0 0j �4- 42 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 A bill to be entitled An act relating to Occupational License Taxes (Title to be prepared by bill drafting) Be it enacted by the Legislature of the State of Florida: Section 1. Subsection (3)(a) of Section 205.05351 F.S., is amended to read: (3)(a) After the reclassification and rate structure revisions have been transmitted to and considered by the appropriate local governing body, it may adopt by majority vote a new occupational license tax ordinance. Except that a minimum license tax of up to $25 is permitted, the reclassification shall not increase the occupational license tax by more than the following: for licenses costing $150. or less, 200 percent; for licenses costing more than $150 but not more than $500, 100 percent; for licenses costing more than $500 but not more than $2,500, 75 percent; for licenses costing more than $2,500 but not more than $10,000, 50 percent; and for licenses costing more than $10,000, 10 percent; and for licenses issued on a graduated or per unit basis, 50 percent; however, in no case may any license be increased more than $5,000. .O'j4-- 2a CODING: Words in struck through type are deletions from nv; n_ 4 Q nn 1 nt... tnnrrlo tinri4nY1 i nmrl .'1Yc,, r'irjri 1 i" 1 nnR . TITLE POPULATION CENSUS/REVENUE SHARING FORMULA LEGISLATIVE ISSUE The City of Miami has continuously contested the accuracy of the annual estimates of the population prepared by the Bureau of Economic and Business Research of the University of Florida. Those annual estimates are based on the 1990 census, updated by the number of electric customers and are used in the state revenue sharing formula. The U.S. Bureau of the Census undertook a nationwide postal survey, 1991 Post Enumeration Survey (PES), to check the accuracy of the 1990 census of population. The PES disclosed a 5% undercount largely confined to African -American, Hispanic and other minority groups. PROPOSED Amend s. 186.901, F.S., Population Census ACTION Determination to require that the annual population estimates of local governmental units produced as of April 1 of each year utilize the 1991 PES results. Those PES results should apply to any revenue sharing with local governments until the year 2002, when the results of the 2000 census will be available, by_ which time census statistical methods should compensate for any undercount. RESULTS Utilizing the PES and updating to determine EXPECTED annual population estimates for units of local WHEN PASSED government will correct the undercount in the 1990 census and will result in more equitable revenue sharing. RESULTS Annual population estimates for those local EXPECTED IF units of government containing significant NOT PASSED minority populations will continue to contain an inherent undercount so that Florida's minority population concentrations will continue to be denied an equitable share of state revenue. 1 Z. 94- 42 A bill to be entitled 1 2 An act relating to population census determinations 3 as these estimates pertain to State Revenue -Sharing 4 distribution formulas 5 (Title to be prepared by bill drafting) 6 7 8 Be it enacted by the legislature of the State of Florida: 9 10 Section 1. Subsection (1) and Subsection (2), paragraph (a) of section 11 186.901, Florida Statutes is amended to read: 12 186.901 Population census determination. 13 (1) The Executive Office of the Governor, either through its own re- 14 sources or by contract, shall produce population estimates of local govern- 15 mental units as of April 1 of each year. 16 ties The population of local governments, as determined by the Executive 17 Office of the Governor, shall apply to any revenue -sharing formula with local 18 governments under the provisions of ss.218.20-218.26, part 11 of chapter 218. 19 For municipal annexations or consolidations occurring during the period April 20 1 through February 28, the Executive Office of the Governor shall determine 21 the population count of the annexed areas as of April 1 and include such in 22 its certification to the Department of Revenue for the annual revenue -sharing 23 calculation. 3a 24 (2)(a) Population shall be computed as the number of residents, employ- 25 ing the United States Bureau of the 26 Census Post -Enumeration Survey (PES) of 1991, Option 1, as the principal 27 base for statistical estimates, as updated utilizing accepted statistical 28 practices, until 2002. 29 (b) For the purpose of revenue -sharing distribution formulas and dis- 30 tribution proportions for the local government half -cent sales tax, inmates 31 and patients residing in institutions operated by the Federal Government, the 32 Department of Corrections, or the Department of Health and Rehabilitative 33 Services shall not be considered to be residents of the governmental unit in 34 which the institutions are located. 35 (c) Nothing herein shall be construed to prohibit the separate deter- 36 mination of any categories of persons, whether resident or nonresident. 37 (3) In cases of annexation or consolidation, local governments shall be 38 required to submit to the Executive Office of the Governor, within 30 days 39 following annexation or consolidation, a statement as to the population census 40 effect of the action. 41 (4) Estimates of inmates and patients pursuant to paragraph (2)(b) 42 shall be separately stated in population reports issued pursuant to this 43 section. Iq we 94- 42 (4t#R of 'Miamt CESAR H. ODIO CITY MANAGER September 29, 1993 Mr. Thomas P. DeCair Department of Commerce Bureau of The Census Room 2066 Federal Building 3 Washington, DC 20233 RE: Census of Population and Housing --Year 2000 Dear Mr. DeCair: P. O. BOX 330708 MIAM1, FLORIDA 33233-0708 305-250-5400 FAX 305-265-1635 This letter is written for submission to the Advisory Committee of the Task Force for Designing the Year 2000 Census -.and Census Related Activities for 2000-2009. In an effort to facilitate more equitable revenue -sharing, the City of Miami is proposing to the 1994 Florida Legislature to amend the population estimating legislation. We are proposing that the population estimating legislation be based upon the Post Enumeration Survey (PES) to compensate for the 1990 Census undercount. (See attachment). The City of Miami recommends the following for the Year 2000 Census: a) statistical checks should be built into the Census to identify undercounts and b) statistical corrections and/or adjustments, if an undercount exists, should be applied to the results of the 2000 Census. If additional information is needed, please contact Mr. Sergio Rodriguez, Assistant City Manager, at (305) 250-5400. Sincer y, Cesar H. Odio City Manager Attachment cc: Sergio Rodriguez, Assistant City Manager Karen Y. Coplin, Planner II Ward Barritt, Asset and Grant Management ON 9 4- 42 / J (4ilLl of Aiamf 0F,y CESAR H. Owo CITY MANAGER September 29, 1993 Mr. Scott K. Cody Research Programs/Service Coordinator Bureau of Economic and Business Research Population Program 221 Matherly Hall University of Florida Gainesville, FL 32611 RE: 1993 Preliminary Population Estimate Dear Mr. Cody: P. O. BOX 330708 MIAM1, FLORIDA 33233-0708 305-250-5400 FAX 305-285-1835 This letter is in response to your letter of August'll, 1993, which proposed a preliminary population estimate of 364,679 for the City of Miami as of April 1, 1993. The City of Miami has reviewed this estimate and believes a more accurate estimate would be 383,550 and formally requests that you reconsider your preliminary estimate. (see attachment) As stated in last year's response to your proposed 1992 estimate, applying the undercount factors released by the Bureau of the Census 1991 Post Enumeration Survey (PES) would have increased Miami's population count by 4.87 percent over the 1990 count to a revised number of 376,000 persons for 1991. The City of Miami continues to contest the accuracy of the number of permanent households, persons, etc., the Bureau of Economic and Business Research (BEBR) uses in the statistical formula to determine preliminary population estimates. In addition, the influx of foreign immigrants into the City of Miami continues. As a result, it is contended that Persons per Household (PPH) factor used by BEBR should be adjusted upward to account for these persons. Applying our interpretation of data and using the BEBR Methodology, a more appropriate computation of the household population would be as follows: The population per household factor should be adjusted upward by the 1991 4.45 percent weighted undercount in Miami to an adjusted PPH of 2.8159. Page 1 of 2 4 42 /7 3d I V Mr. Scott K. Cody Research Programs/Service Coordinator Bureau of Economic and Business Research The City of Miami proposes the following adjusted computation: Household Estimates X Persons Per Household X Group Quarters Multiplier + Inmate Population = Population Estimate. 133,248 x 2.8159 x 1.01414 + 3,033 = 383,550. I request that you give these figures serious consideration once again, as you consider your final 1993 population estimates. If you have any questions, please contact Sergio Rodriguez, Assistant City Manager at (305) 250-5400 or Karen Coplin, at the Planning, Building and Zoning Department, at (305) 579-6086. Sincer y, Cesar H. Odio City Manager Attachment cc: Sergio Rodriguez, Assistant City Manager/Director Planning, Building and Zoning Department Carlos Smith, Assistant City Manager Frank Castaneda, Director Department of Commnunity Development Ward Barritt Asset and Grant Management Karen Y. Coplin, Planner II Planning, Building and Zoning Department Page 2 of 2 3e 94` 42 SENT BY: C I TY OF N I x.1i 1 "---4 7- 93 : 2 : 34PMf : CITY W aGER ' S 'Mldlill a.vwu a u.a✓u :-fur 4; 4 PRELIMINARY POPULATION ESTIMATE (PERMANENT RESIDENTS) APRIL 1, 1993 TOTAL CENSUS POPULATION 4/1/90 •CHANGE 3581,648 6,031 PRELIMINARY PRELIMINARY EST. ESTIMATE INMATES LESS INMATES 4/1/93 4/1/93 4/1/93 364,679 3,033 361,646 THE POPULATION ESTIMATE PROPOSED FOR STATE REVENUE SHARING, 1994-1995 FISCAL YEAR IS 361,646. ..-_-..______ YOUR PRELIMINARY POPULATION ESTIMATE FOR APRIL 1, 1993 IS * 364,679 (SEE ENCLOSED SHEET FOR AN EXPLANATION OF TERMS.) PLEASE MARK THE APPROPRIATE RESPONSE AND RETURN ONE COPY OF THIS FORM BEFORE SEPTEMBER 15, 1993. RETAIN THE OTHER COPY FOR YOUR FILE. I HAVE REVIEWED THIS PRELIMINARY POPULATION ESTIMATE AND CONSIDER IT TO BE REASONABLY CORRECT. I HAS REVIEWED•THIS PRELIMINARY POPULATION ESTIMATE AND DO NOT CONSIDER IT TO BE REASONABLY ACCURATE. I BELIEVE A MORE ACCURATE ESTIMATE WOULD BE rr I REQUEST'THAT YOU RECONSIDER YOUR PRELIMINARY ESTIMATE. I HAVE REVIEWED THIS PRELIMINARY POPULATION ESTIMATE AND DO NOT CONSIDER IT TO BE REASONABLY ACCURATE. I AM ENCLOSING DOCUMENTATION WHICH I BELIEVE SUPPORTS AN APRIL 1, 1993 ESTIMATE OF I REQUEST THAT YOU REVIE14 THIS DOCUMENTATION AND RECONSIDER YOUR PR MINARY ESTIMATE. City Manager PATE; TITLE SIG14ATUR IF FUTURE CORRESPONDENCE SHOULD BE SENT TO AN ADDRESS OR PERSON DIFFERENT THAN THAT CURRENTLY LISTED, PLEASE ENTER THE NEW INFORMATION BELOW. PLEASE PRINT tF YOU HAVE ANY QUESTIONS OR COMMENTS ABOUT THIS ESTIMATE YOU MUST REQUEST A REVIEW BEFORE SEPTEMBER 15, 1993. BURFZgU OF ECONOMIC AND BUSINESS RESEARCH POPULATION PROGRAI•: 221 MATHERLY Hk'.',L UNIVERSITY OF FLORIDA GAINESVILLE, FL. 32611 (9::9) 392-G�71 9 4 - 42 1 3f TITLE URBAN FORESTER POSITION, CITY OF MIAMI FUNDING The City has an urgent need for urban forestry ISSUE assistance in -the aftermath of Hurricane Andrew. On September 24, 1992, the City Commission adopted Resolution 92-580, requesting that the Division of Forestry, Florida Department of Agriculture and Consumer Services, provide the City with the services of an Urban Forester. An Urban Forester would aid the City in protecting and improving its urban forest resources. Assistance would be provided in revising the City's Environmental Preservation Ordinance. conducting street tree surveys, developing tree planting designs, and conducting forestry - related workshops._ Although the Division. of Forestry has received FEMA funding to provide two Urban Forester positions for Dade Countv. those individuals are focused on South Dade, where the major devastation of trees occurred. Although the City_ of Miami recognizes the need for this technical expertise in South Dade, it is requested that a similar level of assistance be provided to Dade Countv's laraest municipality. PROPOSED The City of Miami is requesting that the ACTION Division of Forestry provide the City with the services of an Urban Forester. RESULTS The City_ will have the professional assistance EXPECTED necessary to develop tree management, WHEN PASSED maintenance and planting plans to preserve existing trees and replace trees lost as a result of Hurricane Andrew. RESULTS The City will continue to operate without the EXPECTED Professional expertise necessary to protect and IF NOT improve its tree resources. PASSED FUNDING �501000.00 4 94~ 42 2 3 4 5 6 7 A bill to be entitled An act relating to an Urban Forester Position for the City of Miami (Title to be prepared by bill drafting) Be it enacted by the Legislature of the State of Florida: Section 1. The budget of the Department of Agriculture, Division of Forestry, is hereby amended by $50,000 for the purpose of funding an urban forester position for the City of Miami. 4a 94_ 42 6-P / J-92-573 9/22/92 RESOLUTION NO. A RESOLUTION REQUESTING THE DIVISION OF F IRESTRY# FLORIDA DEPARTMENT OF AGRICULTURE A D CONSUMER SERVICES, (DEPARTMENT) TO CONDUCT A SURVEY TO DETERMINE WHETHER THE D PARTMENT SHOULD PROVIDE THE CITY OF MIS$ * TH THE SERVICES of AN URBAN FORESTER] A THORIZING THE PLANNINGg BUILDING AND ZONING D PARTMENT TO PROVIDE OFFiC4 SPACE AND 9 CRETARIAL SERVICES FOR SAID FORESTER; D RECTING THE CITY MANAGER TO REQUEST R IMEUR$EMENT OF THE COST FOR SAID SERVICES, I THE AMOUNT OF $3,o00.®0, FROM THE FSDrRAL E RGENCY MANAGEMENT AGENCY; AUTHORIZING THE C TY MANAGER TO EXECUTE ANY NZCESSARY A REEMENT WITH THE DEPARTMENT; DIRECTING THE C TY MANAGER TO TRANSMIT A CERTIFIED COPY Or TM RESOLUTION TO THE DEPARTMENT. WHEREAb, the Commission of the City of Miami Is cognisant of the many bediefits provided by trees and forests; and WHEREAS, the City of Miami currently enforce* An Environmentol Preservation Ordinance which provides for the protection and preservation of tares and others significant onvironmentol features; and WHEREAS, the City of Miami has suffere4 extensive damage to its trees pa a result of Hurricane Andrew and expects to be reimbursed by the Federal Emergency Management Agency (FEMA) for the cost og replacing lost tree canopy within public rights -of - `,ray j parka, -.and public property; and 73 4b 94_ 42 TITLE LEGISLATIVE ISSUE PROPOSED ACTION MUNICIPAL VERIFICATION OF COMMUNITY RESIDENTIAL HOME LOCATIONS Community residential residents are currentl Department of Health an without municipal revie acilities. of six or fewer annroved by the of spacing relative to Section 419.001(3) (a) . F.S., require residential homes of six or fewer residents to be located at least 1,000 feet apart. There is no required municipal verification of those locations standards, however, prior to approval and licensing by HRS. As a result, numerous community residential homes with six or fewer residents operate within close proximity of each other, less than 1,000 feet apart, often on the same block. The heavy concentration of those facilities in clusters of those one and two block areas is such that they substantially alter the nature and character of the residential area. Amend s. 419.001(2), F.S., to require municipal verification of locations for proposed community residential homes prior to HRS annroval. RESULTS This required verification will significantly EXPECTED reduce the numerous illegal concentrations of WHEN PASSED community residential homes with six or fewer residents. Areas that are currently dominated by clusters of those homes will thus be permitted to recover their original residential character, while accommodating the permitted optimal numbers of such community residential homes. RESULTS The problem of over dense concentrations of EXPECTED IF community based residential homes with six or NOT PASSED fewer residents has adverse neighborhood ramifications. Increasing clusters of such homes are appearing within the City of Miami, in violation of s. 419.001(3) (a) , and the problem is clearly worsening. �y 5 94- 42 T 1 2 3 4 5 6 7 8 9 10 11 12 13 .14 15 16 17 18 19 20 21 22 23 24 25 26 A bill to be entitled An act relating to Community Residential Homes (Title to be prepared by bill drafting) Be it enacted by the Legislature of the State of Florida: Section 1. Subsection (2) of section 419.001, Florida Statutes, is amended to read: 419.001 Site selection of community residential homes.- (2) Homes of six or fewer residents which otherwise meet the definition of a community residential home shall be deemed a single-family unit and a noncommercial, residential use for the purpose of local laws and ordinances. Homes of six or fewer residents which otherwise meet the definition of a community residential home shall be allowed in single-family or multifamily zoning without approval by the local government, provided that such homes shall not be located within a radius of 1,000 feet of another existing such home with six or fewer residents. Such homes with six or fewer residents shall not be required to comply with the notification provisions of this section; provided, 94- 5a CODING: Words in struck through type are deletions from ^••-^+-�-+•- �-.••• .....-.1'- .n.inrl;»�rl arc ai-i�iitin»c 4 2 v,? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 however, that the sponsoring agency or the department shall verify with the local government that such homes meet the 1, 000 foot radius restriction before such homes are licensed by the department, and at the time of occupancy shall notify new if-- es the local government at the that the o€- home is occupied. eeeupaney that the home iB ileensed by the department. 94- 42 5b CODING: Words in struck through type are deletions from - -- - � ! -- 1 - ... -3 .- ..... -1 - .-'I ' - - -3 - -- - - -3 -1 f . - . _. i 103,01.14 7M MEMORANDUM Agenda Item No. S (D) (1) A Honorable Chairman and Members DATE: September 7, 1993 Board of County Commissioners SUBJECT: Resolution Regarding Regulation of Siting of Group Homes With Six or Fewer Residents Robert A. Ginsburg FROM: Dade County Attorney The attached resolution was prepared and placed on the agenda at the request of Commissioner Miguel Diaz de la Portilla. Robert A. Ginsburtf Dade County Attorney RAG/fp Attachment sc 94_ 42 103.01.14 7/92 MEMORANDUM Agenda Item No. 5 (D) (1) J: Honorable Chairman and Members DATE: September 7, 1993 Board of County Commissioners SUBJECT: Resolution Regarding Regulation of Siting of,-.Group-,-Homes-.With Six or Fewer Residents FROM: Robert A. Ginsburg Dade County Attorney The attached resolution was prepared and placed on the agenda at the request of Commissioner Miguel Diaz de la Portilla. Robert A. Ginsbu Dade County Attorney RAG/fp Attachment a� 5d 04` 42 r.� Agend, item No. S(D)(1) 9-7-93 RESOLUTION NO. RESOLUTION URGING THE LEGISLATURE OF THE STATE OF FLORIDA TO ADOPT AN AMENDMENT TO SECTION 419.001, FLORIDA STATUTES, PERMITTING LOCAL GOVERNMENTS TO REGULATE SITING OF GROUP HOMES WITH SIX OR FEWER RESIDENTS WHEREAS, Section 419.001 of Florida Statutes (1991), was designed to divest the authority of the Dade County Board of County Commissioners to site group homes of six or fewer residents; and WHEREAS, site selection of any particular group home is: exclusively a local concern; and WHEREAS, Section 419.001 prevents community input on whether a group home is compatible with the neighborhood; and WHEREAS, Dade County has a record of fairness in allowing such homes in its residential neighborhoods and has rational standards for determining appropriate sites based on compatibility, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DADE COUNTY, FLORIDA, that: Section 1. This Board urges the Legislature of the State of Florida to adopt an Amendment to Section 419.001 of the Florida Statutes to permit local governments to regulate the siting of group homes of six or fewer residents. Section 2. The Clerk of the Board is directed to forward certified copies of this resolution to the members of the Dade Delegation of the Legislature. 94- 42 5e Agendc 'tem No. 5(D)(1) Page Nu. Z The foregoing resolution was offered by Commissioner , who moved its adoption, the motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: James Burke Miguel Diaz de la Portilla Betty T. Ferguson Maurice A. Ferre Larry Hawkins Bruce Kaplan Natacha S. Millan Dennis C. Moss Alexander Penelas Pedro Reboredo Javier D. Souto Sherman S. Winn Arthur E. Teele, Jr. The Chairperson thereupon declared the resolution duly passed and adopted this 7th4ay of September, 1993. Approved by County Attorney as to form and legal sufficiency. 3Z 5f DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS HARVEY RUVIN, CLERK By: Deputy Clerk 94- 42 Florida House of Representatives - 1994 By Representative Villalobos 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 19 20 21 221 23 24 25 26 27 28 29 30 01 A bill to be entitled An act relating to community residential homes; amending s. 419.001, F.S.; providing that certain community residential homes shall be required to most notification provisions for which they are currently exempt; providing for a public hearing prior to the siting of a community residential home; providing that a local government may deny a permit for siting under certain circumstances; providing a definition; providing an effective date. WB 33 Be It Enacted by the Legislature of the State of Florida: Section 1. Subsections (2) and (3) of section 419.001, Florida Statutes, are amended to read: 419.001 Site selection of community residential homes.-- (2) Homes of six or fewer residents which otherwise meet the definition of a community residential home shall be deemed a single-family unit and a noncommercial, residential use for the purpose of local laws and ordinances. Homes of six or fewer residents which otherwise meet the definition of a community residential home shall be allowed in single-family or multifamily zoning without approval by the local government, provided that such homes shall not be located within a radius of 11000 feet of another existing such home with six or fewer residents. Such homes with six or fewer residents shall not be required to comply with the notification provisions of this section an-provided7 however: -that the sponsoring agency or the department shall 1 CODING: Deletions are stricken; additions are underlined. 42 5g 33 3 Cl Florida House of Representatives - 1994 509-105A-7-3 HB 33 1 n2tify notifies the local government at the time of home 2 occupancy that the home is licensed by the department. 3 (3)(a) Nhen a site for a community residential home 4 has been selected by a sponsoring agency in an area zoned for 5 multifamily, the agency shall notify the chief executive 6 officer of the local government in writing and include in such 7 notice the specific address of the site, the residential 8 licensing category, the number of residents, and the community 9 support requirements of the program. Such notice shall also 10 contain a statement from the district administrator of the 11 department indicating the need for and the licensing status of 12 the proposed community residential home and specifying how the 13 home meets applicable licensing criteria for the safe care and 14 supervision of the clients in the home. The district 15 administrator shall also provide to the local government the 16 most recently published data compiled that identifies all 17 community residential homes in the district in which the 18 proposed site is to be located. The local government shall 19 review the notification of the sponsoring agency in accordance 20 with the zoning ordinance of the jurisdiction. 21 (b) Pursuant to such review, the local government may: 22 1. Determine that the siting of the community 23 residential home is in accordance with local zoning and 24 approve the siting. If the siting is approved, the sponsoring 25 agency may establish the home at the site selected. 26 2. Fail to respond within 60 days. If the local 27 government fails to respond within such time, the sponsoring 28 agency may establish the home at the site selected. 29 3. Deny the siting of the home. 30 31 2 CODING: Deletions are strieken; additions are underlined. 5h V'4- 42 1 2 3 4 5 6 7 8 9 10 11 12 13 `14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Florida House of Representatives - 1994 509-105A-7-3 RB 53. (c) The local government shall not deny the siting of a community residential home unless the local government establishes that the siting of the home at the site selected: 1. Does not otherwise conform to existing zoning regulations applicable to other multifamily uses in the area. 2. Does not meet applicable licensing criteria established and determined by the department, including requirements that the home be located to assure the safe care and supervision of all clients in the home. 3. Mould result in such a concentration of community residential homes in the area in proximity to the site selected, or would result in a combination of such homes with other residences in the community, such that the nature and character of the area would be substantially altered. A home that is located within a radius of 1,200 feet of another existing community residential home in a multifamily zone shall be an overconcentration of such homes that substantially alters the nature and character of the area. A home that is located within a radius of 500 feet of an area of single- family zoning substantially alters the nature and character of the area. (d) Nhen a site for a community residential home has been selected by a sponsoring agency. whether the residential dome consists of six or fewer residents or more than six residents the sponsoring agency shall conduct a public hearing before the local government so that the residents who live in and around the proposed site may be informe•i as to who the residents of the community residential home will be and what types of programs will be conducted in the neighborhood The local government may deny any permit for the siting of the community residential home. 3 CODING: Deletions are strieken; additions are underlined. 5i �4- 42 jJ 3 (o Florida House of Representatives - 1994 HB 33 509-105A-7-3 11 1 Section 2. This act shall take effect July 1, 1994. 2 3 x*ra***sa*a*xaaa*aaa****sa***a*xx*a*:*a*xx 4 HOUSE SUHKARY 5 Provides that community residential homes with six or fewer residents must comply with notification 6 requirements for other community residential homes. Requires a sponsoring agency for a community residential 7 home to hold a public hearing before the local government so the residents who live in and around the proposed site 8 may be informed as to who the residents of the ome will be and what types of programs will be conducted in the 9 home. Authorizes the local government to deny any permit for the home. See bill for details. 10 11 12 13 14 This publication was produced at an average cost of 1.12 cents per single page in comppliana� with the Rules and for 15 the information of mombers of the Legislature and the public. 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 4 CODING: Deletions are stricken; additions are underlined. 51 04- 42 TITLE CABLE TELEVISION; PUBLIC SERVICE TAX LEGISLATIVE Section 166.231 1 a F*S61 is silent in ISSUE granting municipalities the power to impose a public service tax on cable television service, other than those municipalities that were imposing the tax as of May 4, 1977 could_ continue to tax to the extent necessary to meet all obligations to or for the benefit of holders of bonds or certificates issued prior to May 4, 1977. PROPOSED Amend S. 166.231(1)(a), F.S., to include cable ACTION television service under the public service tax. RESULTS A needed additional revenue source for EXPECTED municipalities will provide approximately $1.4 WHEN PASSED million for the City. RESULTS A needed additional revenue source will not be EXPECTED IF made available to municipalities, assuring NOT PASSED continued strain on municipal budgets. ** SEE SECTION 200.2 FLORIDA LEAGUE OF CITIES ISSUES U- 42 7 0 1 2 3 4 5 6 7 8 9 ]. 0 11 12 13 14 3.5 16 17 18 19 20 21 22 23 24 25 A bill to be entitled An act relating to Municipal Finance and Taxation Be it enacted by the Legislature of the State of Florida: Section 1. Subsection (1)(a) of Section 166.231, Florida Statutes, is amended to read: 166.231 Municipalities; public service tax. -- (1)(a) A municipality may levy a tax on the purchase of electricity, metered or bottled gas (natural liquefied petroleum gas or manufactured), a-nd- water servlees-, and cable television services. The tax shall be levied only upon purchases within the municipality and shall not exceed 10 percent of the payments received by the seller of the taxable item from the purchaser for the purchase of such service. Municipalities imposing a tax on the purchase of cable television service as of May 4, 1977, may continue to levy such tax to the extent necessary to meet all obligations to or for the benefit of holders of bonds or certificates which were issued prior to May 4, 1977. 94- 42 6a CODING: Words in struck through type are deletions from existing law; words underlined are additions. TITLE SOLID WASTE SERVICES, OPTIONAL PUBLIC SERVICE TAX LEGISLATIVE/ Solid waste services are not among those FUNDING services currently taxed under s. 166.231, F.S. ISSUE PROPOSED ACTION RESULTS EXPECTED WHEN PASSED To include solid waste services among those services taxed under s. 166.231, F.S. Increase in annual to the City of ear annually. RESULTS Loss of potential revenue source. EXPECTED IF ** SEE SECTION 200.2 FLORIDA LEAGUE OF CITIES ISSUES 7 3 94` 42 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 A bill to be entitled An act relating to Municipal Finance and Taxation Be it enacted by the Legislature of the State of Florida: Section 1. Subsection (1)(a) of Section 166.231, Florida Statutes, is amended to read: 166.231 Municipalities; public service tax. -- (1)(a) A municipality may levy a tax on the purchase of electricity, metered or bottled gas (natural liquefied petroleum gas or manufactured), and water ___.__==, and solid waste services. The tax shall be levied only upon purchases within the municipality and shall not exceed 10 percent of the payments received by the seller of the taxable item from the purchaser for the purchase of such service. Municipalities imposing a tax on the purchase of cable television service as of May 4, 1977, may continue to levy such tax to the extent necessary to meet all obligations to or for the benefit of holders of bonds or certificates which were issued prior to May 4, 1977. qo 94- 7a CODING: Words in struck through type are deletions from • -- . ' - -- 1 .... .._ ,--3- .. - -1- --1 . - - .A .. AA : ♦- . - 42 TITLE SANITARY SEWERS OPTIONAL PUBLIC SERVICE TAX LEGISLATIVE/ Sanitary sewer services are not among those FUNDING services currently taxed under s. 166.231, F.S. ISSUE _ PROPOSED ACTION RESULTS EXPECTED WHEN PASSED Amend s. 166.231, F.S., to to include sanitary sewer public service. Licipailtie s a taxabl Increase the annual revenue to the City approximately $1.5 million. RESULTS Loss of a needed revenue source. ** SEE SECTION 200.2 FLORIDA LEAGUE OF CITIES 1.1 94- 42 1.1 2 3 A bill to be entitled 4 An act relating to Municipal Finance and Taxation 5 6 7 Be it enacted by the Legislature of the State of Florida: 8 9 Section 1. Subsection (1)(a) of Section 166.231, Florida t0 Statutes, is amended to read: 11 166.231 Municipalities; public service tax. -- 1.2 (1)(a) A municipality may levy a tax on the purchase of 13 electricity, metered or bottled gas (natural liquefied petroleum 1`4 gas or manufactured), and- water services-, and sanitary sewer 15 services. The tax shall be levied only upon purchases within the 3.6 municipality and shall not exceed 10 percent of the payments 17 received by the seller of the taxable item from the purchaser for 18 the purchase of such service. Municipalities imposing a tax on 19 the purchase of cable television service as of May 4, 1977, may 20 continue to levy such tax to the extent necessary to meet all 21 obligations to or for the benefit of holders of bonds or 22 certificates which were issued prior to May 4, 1977. 2.3 24 25 8a CODING: Words in struck through type are deletions from existing law; words underlined are additions. PUBLIC OFFICERS; GENERAL PROVISIONS Amend s. 111.071, F.S. Noting that the quoted section refers to Chapters 111.07 and 768.28, Florida Statutes, it is confusing that the concluding language of Part 1(a) refers to the agent, employee or officer having been determined to have caused the harm intentionally, rather than the language in both Florida Statutes 111.07 and 768.28, which is that the officer, employee or agent acted outside the course and scope of his employment or was acting in bad faith, with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety or property. In discussing this proposed change with the legislative consultant, it should be suggested that it is very difficult to have a judge authorize a Special Verdict Interrogatory which is written in terms of intentionally versus bad faith, malicious purpose or in a manner exhibiting wanton, willful disregard of human rights, safety or property. It has been my experience that the judges appear not to understand the significance of the difference in language, and while it is obvious that the drafters of the provisions as they currently read are translating intentional conduct into malicious, etc. The ambiguity is problematic and should be corrected. 1/ Law Department 1/ The City must pay for an intentional tort committed in the course and scope of employment, but not a maliciously committed intentional tort. 94- 42 0 V3 A bill to be entitled An act relating to Public Officers; General Provisions 1 2 3 (Title to be prepared by bill drafting) 4 5 6 Be it enacted by the Legislature of the State of Florida: 7 8 Section 1. Subsection (1)(a) of Section 111.071, F.S., is 9 amended to read: 10 (a) Any final judgement, including damages, cost, and 11 attorney's fees, arising from a complaint for damages or injury 12 suffered as a result of any act or omission of action of any 13 officer, employee, or agent in a civil or civil rights lawsuit 14 described in s. 111.07. If the civil action arises under s. 15 768.28 as a tort claim, the limitations and provisions of s. 16 768.28 governing payment shall apply. If the action is a civil 17 rights action arising under 42 U.S.C. s. 1983, or similar federal 18 statutes, payments for the full amount of the judgment may be 19 made unless the officer, employee, or agent has been determined 20 in the final judgment to have caused the harm as limited by s. 21 768.28(9)(a) intentienally. CODING% Words in struck through type are deletions from existing law; words underlined are additions. 9a 94- 42 Revised 6/28/93 FLORIDA DEPT.OF STATE / DIV. OF HISTORICAL RESOURCES HISTORIC PRESERVATION GRANT/"SPECIAL CATEGORY" PROD. LEGISLATIVE Listed in the National Register of Historic Places, FUNDING Old Fire House #2 is currently Vacant, in Disrepair ISSUE and in Threat of being Destroyed Daily. Although funding in the amount of S229.425 has been received from the State for First Phase, "Exterior "Restoration Activities, additional funding is needed to complete restoration and preservation of this threatened Historic Landmark; a fine example of early Mediterranean Revival Architecture. PROPOSED Ar„nro,nriation of S426,400 is requested from the ACTION State to fund the Second Phase for "Interior" Restoration Activities. The project will be considered by the Statg Hjptoric Preservation Advisory Council at their next meeting, for inclusion and ranking in the Department of State's 1994 Budget Request. ( Phase I has $459,425 already allocated; $230,000 from the City and $229,425 from the State. ) RESULTS The City of Miami Fire Department plans to carry EXPECTED forth the full restoration of the building's "Old WHEN PASSED Fire House Interior" as a backdrop for Museum and Fire Prevention Education Program Activities. The Department is a leader in Fire Prevention Education in the Country and this past year made 600 presenta- tions involving approximately 80,000 individuals; school children, teachers, senior citizens, including many handicapped individuals. The appropriation of Phase II funding at this juncture would allow development to progress in a continuum, maximizing cost effectiveness in completing both phases together, and the having the building occupied by December 1994. P4- 42 10 RESULT The interior of the building will more thanlikely EXPECTED IF remain untouched and will riot be usable. In its' NOT PASSED present condition of having been already vandalized and stripped on the interior of all wiring, plumbing and plumbing fixtures, windows (including window frames), all doors ( apparatus doors included), and fixtures of all types, it will not be habitable. Inherent with the fact that Phase I /"Exterior" Improvements will be in progress in 1993-94, will be the threat that this first -phase investment will be "at risk" until, and unless Phase II / "Interior" Improvements are completed, allowing for full security and occupancy of the building. Because the restoration of the Old Fire House is going to be one of the very first "Revitalization Projects" in this portion of the Omni -Venetia Community, there will unfortunately be an unfavor- able and threatening environment for the property for sometime to come (vandalism and arson attempts). This threat will naturally dissipate as more redevelopment and improvements are made in the area as a whole, and of course as the building is completed, secured and fully occupied. PAIUM-40M11 ��'4-- 42 11 OLD FIRE HOUSE #2 Tom McLean from Fire Rescue Services has indicated in conversation that they submitted a proposal for funding from the 1994 Department of State budget, Special Category. There were 81 applications received for funding. The first cut was at 51, with Miami ranked at 64. The second cut went from 51 to 35, in priority order, at which point all $8.9 million was expended. The chances of Miami realizing any of those funds (1994) is remote according to Tom. Nevertheless, Fire Rescue wanted this - proposal in the 1994 legislative/funding book just to be ready in case. 11a 94- 42 TITLE MUNICIPAL FIRE DEPARTMENT'S CAPITAL IMPROVEMENT TRUST FUND LEGISLATIVE/It is found that there is an overwhelming burden and FUNDING excessive cost to making capital improvements relative to ISSUE the fixed assets of local fire departments, which support the performance of state and municipal functions relative to the extinguishment of fires and the protection of life .and property, the prevention of conflagration and the. continuous instruction of school personnel, public officials and private citizens in the prevention of fires and fire safety, in the protection of both life and property from local disasters and other activities vital to public safety and welfare. It is therefore. a proper and legitimate state purpose to provide a uniform Municipal Fire Department's Capital PROPOSED Improvement Trust Fund for the benefit of local fire ACTION departments funded by payment to the fund of an excise or license tax, in addition to any lawful license or excise tax now levied by a municipality, respectively, amounting to one percent of the gross amount of receipts of premiums from policyholders on all premiums collected on property insurance policies covering property within the corporate limits of municipalities. RESULTS EXPECTED WHEN PASSED The passage and establishment of this trust, will greatly augment and provide a more constant financial base in addressment of the burden of funding capital expenditures relative to the acquisition, improvement or additions to the fixed assets and infrastructure of a municipal fire department in the form of land, buildings, apparatus, and equipment. RESULTS Without a mechanism to provide a more constant flow of EXPECTED IF financial support to the facilities, apparatus, and NOT PASSED equipment of the local fire department, the infrastructure in support and delivery of state and municipal functions of fire service will continue to operate under inconsistent, uncertain and perilous constraints and threat of deterioration. Annual Payment collected by the State from every insurance FUNDING company, cor-por'at i nn or other insurer, on the behalf of a municipality, duly appropriated to the municipality from the Municipal Fire Department's Capital Improvement Trust Fund. [a, APPROVED (1% of gross receipts of insurance Department Director premiums ort property within the corporate limits of a municipality) ,� 94- 42 CITY OF MIAMI FUNDING/LEGISLATIVE ISSUES SUPPORTED BY CITY 1994 �4- 42 Appendix A ** SEE SECTION-200.1 FLORIDA LEAGU'& OF CITIES ISSUES TITLE LEGISLATIVE/ FUNDING ISSUE PROPOSED ACTION RESULTS EXPECTED WHEN PASSED RESULTS EXPECTED IF NOT PASSED FUEL ADJUSTMENT CHARGE, EXEMPTION FROM PUBLIC_ SERVICE TAX State Statute 166.231(1)(6), exempts the fuel adjustment charge from the municipal public service tax on electricity. Repeal s. 166.231(1)(6) F.S. An increase of approximately $2 million in the annual revenue to the City. The City will be denied the use of this much needed revenue. �-r 94_ 42 Appendix C FLORIDA LEAGUE OF CITIES 1994 LEGISLATIVE POLICY STATEMENT s3 J4-- 42 MUNICIPAL FINANCE & TAXATION Priority The Florida League of Cities will support legislation granting cities increased revenue flexibility to meet the needs determined by responsible growth management and to fund other local services and obligations required by its citizens. Flexible Financin 200 Florida shares fewer dollars with its cities than any of the 10 largest states. Every tax source available to a municipality in Florida is either capped or frozen by the state Constitution or the Legislature. New legislation from the state must be granted to cities to provide additional revenue flexibility. This is.necessary to meet the needs determined by responsible growth management and to fund other local obligations. Cities must have some flexibility in the types of taxes they are able to levy and the amount of money generated from those taxes. The Florida League of Cities will: 200.1 Support the repeal of Section 166.231 (1)(b) of the Florida Statutes which exempts the "fuel adjustment charge" from the Public Service Tax. 200.2 Support legislation to. expand the tax base of the Public Service Tax to include cable television services, wastewater services and solid waste services. 200.3 Support reform of the State Municipal Revenue Sharing Program to increase the bondable "guaranteed entitlement" and replace the cigarette tax with a revenue that will keep pace with inflation. 200.4 Support legislation that specifically requires all entities, both public. and private, to be liable for the payment of utility fees and assessments (stormwater, transportation, etc.) enacted by authorized local governments. 200.5 Support a constitutional amendment granting cities fiscal home rule whereby the citizens of each city in the state would be allowed to decide their city's tax structure through a vote of the people. 200.6 Support legislation that allows a municipality to receive revenues via "partial year assessments" on new construction upon issuance of certificate of occupancy/completion. 94- 42 200.7 Support legislation populations greater than 50,000 Government Infrastructure Surtax with populations of 50,000 and Surtax. that authorizes counties with to impose and expend the Local in the same manner as counties less under the Small Counties 200.8 Support legislation that would allow cities to levy non - ad valorem assessments to fund specific municipal services. 200.9 Support legislation requiring rental car companies to collect unpaid parking fines and related citations from the rentee and remit such monies to the appropriate jurisdiction. 200.10 Oppose legislation that would reduce municipal revenues received from violations of city ordinances and the Uniform Traffic Control Law. Tax Equity 201 Tax equity between the various levels of government is an essential factor for establishing clear delineations of responsibility between each government and its citizens. The Florida League of Cities will: 201.1 Oppose any attempt by the legislature to limit the effect or impact of the constitutional amendment on state mandates passed in 1990 by the voters of Florida. 201.2 Support legislation to correct the inequities caused by the "double taxation" of municipal citizens through the required use of specific funding mechanisms which produce revenues proportionate to the benefits received within the unincorporated areas. 201.3 Support legislation that provides an ad valorem tax exemption, presently granted to state and county governments, for municipal public facilities leased or used by private parties for uses consistent with the public purposes of such facilities or incidental thereto. 201.4 Support legislation to develop a constitutional amendment that reduces the inequities caused by the existing homestead exemption and provides that all property owners contribute a minimal amount in property taxes. 201.5 Support legislation granting cities the ability to contest property assessment devaluations within their jurisdiction. 201.6 Support legislation that exempts municipalities from paying the sales tax on contracted public works construction materials. K 4- 42 201.7 Support legislation that requires counties to allocate reasonable amounts of countywide transportation revenues toward county -maintained roads located within municipalities to ensure that concurrency requirements are reasonably addressed. 201.8 Support legislation requiring that the cost of state service fees on municipal trust funds not exceed the actual cost of collection and administration of those funds. 201.9 Support legislation that requires state agencies to perform cost/benefit analyses before they mandate that municipalities perform services or fund programs, and require that cost/benefit analyses be routinely performed after rules are adopted to periodically measure the necessity of maintaining the state agency mandates. 201.10 Support review of the Truth in Millage (TRIM) process in order to simplify it and make it less confusing. Support modification to the advertising requirement to include the current and proposed millage rates and the percentage change between the two rates. 201.11 Support legislation to eliminate the exemption of school buildings from impact fees for infrastructure. Transportation 202 The state has a responsibility to provide fundable state transportation solutions which complement local government efforts and integrate local and regional growth management plans. -The Florida League of Cities will: 202.1 oppose legislation that require cities to assume transportation responsibilities without adequate recurring revenue sources. 202.2 Support legislation providing for shared funding of traffic signalization and signage by participating governmental jurisdictions. 202.3 Support legislation creating a statewide transportation surcharge on the rental of motor vehicles to be specifically earmarked as an additional transportation revenue source for distribution through the Municipal Revenue Sharing Trust Fund. 202.4 Support legislation clarifying the authority of cities to levy transportation improvement and maintenance fees on a per equivalent parcel utility basis. 202.5 Support legislation to provide that the cost of relocation of publicly owned utilities shall be paid by the appropriate constructing agency.. P34- 42 3 202.6 Support legislation providing for increased state funding of Metropolitan Planning Organizations including: user fees to support MPO areawide planning, state rights -of -way leasing as an MPO funding source, and elimination of the cash match for transportation disadvantaged grants. 202.7 Support legislation that requires the state to reimburse cities for the cost of constructing authorized DOT projects, and requires such reimbursements occur at the time the projects were scheduled under the state workplan. 202.8 Support increased authority for local option gas taxes so that local governments can further address current and future municipal transportation needs. 202.9 Support legislation that grants cities the authority to implement the local option gas .tax in the event their county chooses not to exercise all or part of their legal option. 202.10 Support legislation granting cities a fairer distribution of local option gas taxes. Environmental Funding 203 For many years the state has been mandating new and more stringent environmental requirements on municipalities in order to meet statewide objectives. The state should either appropriate funds or provide municipalities with a source of funding to pay for those objectives. The Florida League of Cities will: 203.1 Support permanent recurring funding sources to assist in the financing of environmentally related programs including advanced wastewater treatment, hazardous waste disposal and endangered species protection. 203.2 Support legislation that would provide increased state research funding to improve local waste disposal, recycling technology and to expand/create markets for recyclables. 203.3 Support the implementation of statewide revenues to fund beach management and re -nourishment programs. 4 94- 42 Urban Administration Priority The Florida League of Cities will oppose legislation requiring local governments to obtain Public Service Commission (PSC) approval of rates for water, sewer, electric, natural gas or any other municipally operated utility; and will also oppose legislation authorizing the PSC to unilaterally establish service territories for water, sewer, electric, natural gas or any other municipally operated utility. Annexation 300 Substantial population growth and urban sprawl have occurred in recent years in areas adjacent to municipalities. This has often created undesirable situations: substandard commercial, residential and utility development; contamination of soil, water and air; and, in general, inadequate regulations and facilities to protect and serve citizens in high -density areas. The League recognizes that reasonable annexation laws can address these problems in a positive fashion. Expeditious annexation procedures, urban service areas and the elimination of enclaves are a few of the tools that would effectively control urban sprawl and the undesirable impact that haphazard growth has had on Florida's resources. The Florida League of Cities will: 300.1 Support legislation that provides reasonable procedures to allow cities to eliminate enclaves and to expeditiously annex highly developed areas adjacent to their boundaries. 300.2 Support legislation authorizing cities to optionally waive "in -city elections" for annexations by referendum. 300.3 Support legislation that utilizes urban service areas to effectively manage orderly growth. - 300.4 Support legislation which ensures that municipalities are authorized to tie annexation to the provision of municipal utility services. 300.5 Support legislation requiring counties to observe municipal land use plans when granting development approvals for property located within unincorporated enclaves. 300.6 Support legislation which allows municipalities to have extraterritorial planning authority in areas which may reasonably be expected to annex into the municipality in the foreseeable future. S 94- 42 5 300.7 Support legislation permitting municipalities to amend their comprehensive plans and rezone property simultaneously with the voluntary annexation of the property. Home Rule 301 The Florida League of Cities believes that the essence of the concept of home rule is simple: the citizens of a community have the constitutional right to manage their own affairs at the grass -roots level, with minimum interference from other governmental agencies. Home rule assumes that local problems should be settled by locally elected officials, that the state should concentrate on the pressing affairs of state, and that the unwarranted intrusion by state officials into the affairs of local government should be curtailed. Municipalities provide key governmental services affecting the daily lives of their citizens, and home rule leaves each community free to exercise its responsibilities in a manner best suited to the needs of its citizens. Local control permits prompt action in dealing with municipal problems as they arise. The Florida League of Cities will: 301.1 Oppose legislation that intrudes on the ability of municipalities to manage local affairs in accordance with the wishes of their citizens. 301.2 Support legislation that requires all governmental entities to comply with locally adopted codes. 301.3 Oppose any legislation mandating the statewide certification of municipal employees. 301.4 Support the repeal of statutes and oppose legislation that provides exemptions from local comprehensive plans or that preempts local zoning and land use powers. 301.5 Support legislation that re-establishes local government's home rule authority over the procurement of professional services. 301.6 Support legislation that exempts municipal recreational facilities, activities and programs from state child care licensing requirements. 301.7 Support legislation that ensures that all costs incurred by local governments in administering state laws which govern lost or abandoned property can be offset by the proceeds derived from the sale of such property or that authorizes local governments to retain the proceeds derived from the sale of such property. 60 6 94-- 42 301.8 Oppose legislation that limits municipal franchise fees or otherwise restricts a municipality's authority to franchise utilities and other service providers operating within its boundaries. 301.9 Support the repeal of statutes and oppose legislation that intrudes on the home rule authority of municipalities to manage and fund enterprise activities and services provided by municipalities. 301.10 Support the repeal of statutes and oppose legislation that restricts the use of proceeds derived from the sale of government owned properties. 301.11 Oppose legislation which requires the adoption and enforcement of underground utility line standards. 301.12 Support legislation affirming municipal notice procedures, past and current, if such procedures comply with the intent of notice laws. 301.13 Support legislation placing a statute of limitations on allegations of procedural defects and permitting "de minimis" (slight) procedural variations in ordinance adoption. 301.14 Support legislation establishing a simplified or uniform notice procedure for local government actions. 301.15 Support legislation which permits the recovery of expenses incurred in collecting, organizing, storing and retrieving information available under the Public Records Law. 301.16 Support legislation which clearly identifies and clarifies public records exempt from disclosure under the Public Records Law. 301.17 Support legislation that provides the maximum authority to municipalities for fashioning remedies, based upon- local circumstances, to address historic discriminatory practices. 301.18 Support legislation prohibiting both "redlining" and non - renewal of property insurance policies affected by sinkhole/subsidence activity and ensuring that the public is not subject to unfair and/or discriminatory insurance practices due to sinkhole/subsidence activity, hurricanes, floods, earthquakes, or other acts of God or man. 301.19 Oppose legislation requiring local governments to obtain Public Service Commission approval of rates for water, sewer, electric, natural gas or any other municipally operated utility; oppose legislation authorizing the Public Service Commission to unilaterally establish service territories for water, sewer, electric, natural gas or any other municipally operated utility. 6� 04- 42 301.20 oppose legislation restricting, directly or indirectly, the ability of local governments to regulate the use of private property. 301.21 Support legislation giving municipalities a strong position regarding placement of transportation facilities directly affecting the municipality. 301.22 Support legislation authorizing municipalities to establish speed limits based on local circumstances. 301.23 Support legislation removing judicially imposed restrictions on communications between elected and appointed officials and their constituents. Tort Liability 302 The Florida League of Cities recognizes that, in the areas of tort liability, certain governmental conduct must remain immune from scrutiny by judge or jury because to do so otherwise would significantly impair government's ability to govern. The threat of tort liability can have a substantial impact on local government's ability to provide for the general health, safety and welfare of its citizens. Also, expenditures of public funds to satisfy tort judgments are a taxpayers' expense. Governments provide certain unique services to the general public, and these services require that traditional standards and notions of tort liability should not necessarily apply to local governments. The Florida League of Cities will: 302.1 Support legislation that limits the exposure of local governments to tort liability. 302.2 Support legislation abolishing the doctrine of joint and several liability. 302.3 Support legislation which to specifically include the actions medical, and fire and public safet Code Enforcement y 303 The code enforcement process represents an effective, inexpensive and expeditious response process to alleged code violations. This process provides local governments with an alternative method of code enforcement without having to rely on an already overly burdened state court system. Code enforcement proceedings provide for fair and impartial hearings on code violation complaints. The code enforcement process should provide sufficient flexibility and authority to �A local governments in their enforcement activities and actions. YJ 8 94- 42 The Florida League of Cities will: 303.1 Support legislation that provides flexibility to local governments in the enforcement of codes and ordinances and that adds certainty to and streamlines local code enforcement processes. 303.2 Support legislation which establishes that code enforcement liens are equal in dignity to local tax liens. 303.3 Support legislation granting municipalities the power of subpoena along with the authority to delegate the power to locally established boards. 303.4 Support legislation providing additional circumstances that constitute a nuisance and providing additional action that may be taken by nuisance abatement boards. 303.5 Support legislation specifying that violations of municipal ordinances may be punished by a fine, a term of incarceration or other appropriate punishment. Municipal Buildina Departments 304 Cities are not part of the building construction industry; rather, they are instruments of the citizens' police and regulatory powers. While the state requires that each local government adopt and enforce a building code, municipal governments should nonetheless continue to have the flexibility to decide which code to adopt and the home rule authority to determine the mechanisms used to enforce the code. Decisions relating to the administration and operation of municipal building departments properly belong to the citizens through their city charter provisions and their elected officials. The Florida League of Cities will: 304.1 Oppose any legislation that removes or restricts the ability of municipal governments to manage, operate and finance their building departments. 304.2 Support the repeal of statutes restricting the amount and use of building permit fees. 304.3 Oppose legislation that would require a statewide uniform building code, that would authorize statewide binding interpretations of building codes, or that would prohibit or otherwise restrict local amendments to building codes. 304.4 Oppose legislation that restricts a municipality's authority to register building contractors doing business within the municipality. 9 4 - 42 9 IMM 304.5 Support legislation that permits the state to adopt specific editions of building codes and amendments by administrative rule in accordance with the requirements of Chapter 120, Florida Statutes. 304.6 Support legislation to allow local governments the option to establish a cooperative code administration program which could privatize building department functions. Fire Safety and Emergency Services 305 Since the possibility of destruction of life and property by fire is a matter of concern wherever people live, fire is one of the foremost threats facing local governments. At one time or another, it has caused great devastation throughout Florida. 'The Florida League of Cities recognizes that local government has been, and will. continue to be, the primary force in combating this danger. The Florida League of Cities will: 305.1 Support legislation which ensures that the adoption and enforcement of fire safety standards are maintained at the local level. 305.2 Support legislation that will promote safety, education and regulation of fireworks in our state. 305.3 Oppose legislation that places a greater financial burden on local government to fund the operation of the State Fire College. 305.4 Support legislation that would prohibit any new Uniform Fire Safety Standards and redirect existing language to apply to new and existing occupancies appropriately. 305.5 Support legislation that will prohibit counties from denying municipalities a certificate of public convenience and necessity to those wishing to provide emergency medical services and require counties to provide appropriate funding from the Emergency Transportation Services Trust Fund where the municipality provides emergency medical services. 305.6 Support legislation which removes the maxi -cap from certain Uniform Fire Safety Standards to permit home rule authority to apply more stringently where applicable. 305.7 Support legislation to establish an emergency/disaster response plan that would coordinate fire and emergency medical services within the state emergency response plan. 305.8 Support legislation which provides for cost effective, qualified installation of fire protection systems. Y 10 9 4 42 Eminent Domain 306 Local governments often find it necessary to use their power of eminent domain to acquire land for such public purposes as roads, public buildings and facilities, downtown redevelopment, and the preservation of natural resources. However, local government's exercise of this power is often frustrated by the prohibitive costs associated with eminent domain actions. The Florida League of Cities will: 306.1 Support legislation that minimizes costs associated with condemnations. 306.2 Support legislation that places reasonable restrictions on the award of attorneys' fees and.court costs. 306.3 Oppose legislation that would expand the concept of "business damages." Institute of Government 307 The Florida League of Cities recognizes that continuing local government education for local officials will enable them to improve their knowledge and skills and to better serve the citizens of their community. The League will support continued and increased funding for the Institute of Government's training and research programs. Community and Economic Development 308 Substantial outgrowth of commercial activities has occurred in recent years from urban downtown areas. This urban sprawl has, in some instances, created undesirable situations in central city areas contributing to the subsequent decline in the tax base. The Florida League of Cities will: 308.1 Support technical and financial assistance to municipalities in utilizing enterprise zones and in redeveloping and revitalizing downtowns and existing urban areas. 308.2 Support legislation that provides incentives to voluntarily enhance the quality of life of Florida citizens through fair, safe, sanitary and decent housing, provided such enhancements are consistent with local building, land use and zoning requirements. 94- 42 11 308.3 Support legislation which would not adversely affect the ability of local governments, acting through community redevelopment agencies, to effectively carry out redevelopment and community revitalization. 308.4 Oppose legislation to excuse "taxing authorities" from their current obligation to make annual tax increment revenue payments into the redevelopment trust fund, in whole or in part. 12 94 42 Intergovernmental Relations Priority The Florida League of Cities will support legislation which addresses the proliferation of state agency rules, and oppose legislation which would place municipalities under the Administrative Procedures Act. Multi -Jurisdictional Relationships 400 The Florida League of Cities recognizes that there is a need for state and regional responses to meet the needs of citizens that transcend local boundaries. Within these intergovernmental programs, it is important that each level of government respect the goals and objectives of each entity, and use each one's unique resources to understand and respond to concerns. The Florida League of Cities will: 400.1 Oppose legislation which would permit special districts to operate or be created by general law without the approval of the municipality within which the district exists. 400.2 Support legislation providing for required and proportionate representation of locally elected officials on all new and existing regional and local districts, councils, agencies or state -designated committees which have an impact on municipalities to ensure a balanced representation of local governments and prevent taxation without representation. 400.3 Support legislation to guarantee direct municipal government participation in the determination of funding formulas and methods of distribution of federal and state funds administered by counties and' the state for cities and municipal programs. 400.4 Oppose legislation or rules that authorize the governor and the Cabinet and state agencies to apply punitive sanctions against city or county governments submitting untimely or non -compliant local comprehensive plans, plan amendments, and evaluation and appraisal reports without considering the individual merits of each case. 400.5 Support legislation that provides expansion of drug -free zones around municipal parks and recreation areas and around public housing facilities within municipal boundaries to encourage Florida's youth to live drug -free lives. Current Florida statute distances for these boundaries are inadequate. 400.6 Support legislation which ensures that the High Speed Rail Program must comply with the comprehensive planning and financing process of local government. 94` 42 ` 13 a 400.7 Support legislation that ensures state -administrated policies are reduced to writing and made available to the public in a readily understandable manner. InteraovernmentalProarams 401 Cities are an important part of the Community Development Block Grant (CDBG) program. Designed as community development assistance for low- and moderate -income persons, municipal governments receive federal funds, often through state and county administration, with which to finance these programs. The lack of affordable housing, the increase in homelessness, and concerns for elderly and disadvantaged citizens are key issues in the development of these programs. The Florida League of Cities will: 401.1 Support legislation which directs CDBG funds to both entitlement and non -entitlement cities for the purpose of financing vital community development programs. 401.2 Support legislation that will build a more effective housing partnership between the private sector, including nonprofits, and government, at the federal, state and local levels, to provide more affordable housing. 401.3 Support legislation which will provide expansion of funding and technical assistance to provide emergency shelters, transitional housing and supportive services for the homeless. 401.4 Support legislation which provides municipal and county governments the local authority to adopt regulatory reform measures to achieve affordable housing and other community development programs. 401.5 Urge the appropriate state and federal agencies to make their full resources available to ensure adequate funding, efficiency and effectiveness of all community service programs. Unfunded Mandates 402 In 1990, the people of Florida approved Amendment #3, which revised the state constitution to limit the ability of the Legislature to pass unfunded mandates on to county and city governments. Implementation legislation for this amendment is reserved to the Legislature and has not yet occurred. For cities, the most important considerations in implementing Amendment #3 are: defining fiscal impact of proposed legislation; establishing venues for the legal challenge of an unfunded state mandate; and providing a streamlined reporting process for local governments choosing not to comply with an unfunded mandate. These issues continue to be a priority for Florida's cities. MMO 14 °4- 42 The Florida League of Cities will: 402.1 Oppose any attempt by the Legislature to limit the effect or impact of the constitutional amendment on state mandates passed in 1990 by the voters of Florida. 402.2 Support legislation that requires state agencies, prior to rule implementation and adoption, to provide a detailed economic impact statement to those local government entities affected by a particular mandate, outlining and evaluating all associated costs. 402.3 Support rule implementation which provides local governments with reasonable reporting requirements. Municipal LibraryFundinct 403 The Florida League of Cities recognizes the contribution made by municipal libraries to the quality of life of Florida's citizenry. The Florida League of Cities will: 403.1 Support legislation that would provide state funding to all public libraries, including municipal libraries. 94_ 42j is Environmental Quality Priority_ The Florida League of Cities will support reform of existing annexation laws to reflect the state's growth management laws for curtailing urban sprawl in order to properly manage growth and development and promote cost-efficient urban service delivery. Annexation and Urban Sprawl 500 Substantial population growth and urban sprawl have occurred. in recent years in areas adjacent to municipalities. This has often created undesirable effects: sub -standard commercial, residential and industrial development; contamination of soil, water and air; and inadequate regulations and facilities to protect and serve citizens in high -density areas. The League recognizes that reasonable annexation laws would address these problems in a positive manner. Expeditious annexation procedures, urban service areas and the elimination of all enclaves are but a few tools that would effectively control urban sprawl and the undesirable impacts of haphazard growth on Florida's resources. The Florida League of Cities will: 500.1 Support legislation which permits municipalities to annex by ordinance areas that meet legislatively adopted criteria. 500.2 Support legislation which adequately funds growth management implementation. 500.3 Support legislation which clarifies that the actions of state and regional agencies and districts must adhere to local comprehensive plans. 500.4 Support legislation which requires the orderly expansion of urban development and discourages urban sprawl. 500.5 Support legislation which would allow municipalities to have extra -territorial planning authority in unincorporated areas which meet legislatively adopted criteria. 500.6 Support legislation which allows municipalities to simultaneously process comprehensive plan amendments and annexations. 500.7 Support legislation which clarifies that municipalities may enter into pre -annexation development agreements with landowners seeking to annex into a municipality. 500.8 Support legislation which limits state land planning 16 .4- 42 agency review of local comprehensive plan amendments and subsequent objections to only those areas of explicit jurisdiction granted that agency. 500.9 Support legislation which limits additional opportunities, above and beyond the remedies already existing, for citizens to challenge either the approval or denial of local development orders and rezoning for consistency with local comprehensive plans. 500.10 Support legislation for the continued state funding of the Growth Management Implementation Conflict Resolution Consortium. 500.11 Oppose legislation which may restrict or limit a municipality's ability to assess impact fees. 500.12 Oppose any legislation which would transfer or preempt a municipality's land use regulatory authority. Department of Environmental Protection Permits 501 Protection of our environment is a major concern of all citizens of the state. The various environmental permitting processes of the state are important to the preservation of our natural resources. However, recent and projected funding cutbacks at the state and federal levels necessitate that the state permitting process be streamlined, non -duplicative, efficient and cost-effective. The Florida League of Cities will: 501.1 Support legislation which provides adequate funding to allow municipalities to meet state and regional permitting requirements. 501.2 Support legislation which allows for continued discharge from a permitted facility which is operating in accordance with permit conditions, absent a clear demonstration that said facility is causing or contributing to degradation of water quality. 501.3 Support legislation which allows the delegation of state and regional permitting programs to municipalities. 501.4 Support legislation which ensures that municipalities retain the right to adopt and enforce more stringent environmental standards. 501.5 Support legislation which promotes reasonable fees set at a direct cost recovery level for meeting state and regional permitting requirements. 17 94- 42 Solid Waste Disposal and Collection 502 One of the major environmental concerns facing our state is the proper collection and disposal of solid waste. The collection and disposal of solid waste has become a local government problem approaching crisis proportions. Landfilling cannot continue to be the, primary method of solid waste disposal due to the state's highly permeable soil and water tables. Developing and implementing alternatives to the use of landfills are costly. Feasible solid waste recovery, recycling, reuse and disposal systems should be encouraged and supported by state incentives. The Florida League of Cities will: 502.1 Support substantial state incentives and grants for local recycling and resource recovery programs and the implementation of other feasible alternatives to the continued use of landfills. 502.2 Support legislation that encourages environmentally responsible packaging of consumer products. 502.3 Support legislation which requires that the "advance disposal fee" be used exclusively to augment local recycling efforts, including consumer education, and for the development of adequate markets for the use of recycled materials. 502.4 Support legislation which clearly authorizes municipal and county government agencies to determine the appropriate method .of collection and disposal of solid waste and recycled materials generated within their boundaries, and/or transported in for disposal from outside the municipalities or local government agencies. 502.5 Support legislation which requires the Department of Environmental Protection to issue permits for solid waste management facilities based on best management practices and allow for continued use of the facility, absent a clear demonstration by the state that the facility is causing environmental harm. 502.6 Support legislation developing a state policy which enables fair and equitable rates for the purchase of electricity generated by city -owned or county -owned waste -to -energy facilities. 502.7 Support legislation which places a refundable deposit on beverage containers without exemptions to, in turn, provide an incentive for their collection and reuse, provided that the program will accomplish recycling goals with significantly less government funding and bureaucracy than any other available means. 502.8 Support legislation which allows the expansion or upgrade of existing waste -to -energy facilities. 7z 18 94~ 42 502.9 Support legislation which provides for less expensive and environmentally sound disposal options for street sweeping debris. Stormwater 503 There has been recent recognition that stormwater runoff contributes to surface water and/or groundwater pollution. Such pollution is caused by both urban and agricultural uses. The Florida League of Cities will: 503.1 Support legislation which adequately funds major revisions to existing stormwater systems when there is clear demonstration by the regulating entity that such facilities are causing significant degradation to water quality. 503.2 Support legislation which requires the agricultural industry to mitigate the harmful effects of agricultural runoff. 503.3 Support legislation which provides for area -wide enforcement of stormwater regulations, provided the enforcement provisions have an equitable, cost -sharing impact on urban areas. 503.4 Support legislation that adequately funds major revisions to existing stormwater systems in meeting current state permitting requirements. Coastal Zone Management 504 Florida's coastal resources are considered to be among its greatest assets. Under proper stewardship, these resources should be protected and enhanced so that they may continue to be enjoyed for generations to come. The Florida League of Cities will: 504.1 Support legislation providing for the goal of at least a 10 percent annual increase in publicly owned coastal land, emphasizing hazard management, beach access and shoreline recreation, with continued support of Preservation 2000, Florida Communities Trust, Save Our Coast, CARL, and other state and federal funding programs. 504.2 Support legislation which provides for a statewide dedicated funding source and a statewide planning program for projects designed to enhance beach areas, such as beach renourishment and vegetation projects, erosion control, dune enhancement and relocation of seaside development, and marine habitat restoration. 504.3 Support legislation which adequately funds beach restoration where public access exists, unless a city demonstrates 19 994- 42 that providing full beach access causes the city undue financial hardship. 504.4 Support legislation which requires the state to review comments from local government officials prior to final decisions regarding permits or leases pertaining to dumping and discharge. 504.5 Support legislation which restricts the state from selling or leasing publicly owned land unless agreed to by impacted municipalities. Water Quality Management.and Planning 505 The quality and quantity of potable water are crucial. Areas cannot be developed unless they have access to an adequate water supply. The League believes that considerably more research is needed in this area to determine the impact of fresh water access by the various parties. The Florida League of Cities will: 505.1 Support legislation to develop a state water resources management policy, to be implemented within the existing comprehensive planning process, which deals responsibly and equitably with issues of local government administration. 505.2 Support legislation which reserves existing water supplies for future municipal populations when other appropriate regional and local entities have properly reviewed, inventoried and planned for this supply with the municipality. '505.3 Support legislation which encourages water conservation and provides for.fair water quality standards based upon empirical data. 505.4 Support legislation which provides an immediate source of state emergency funds to alleviate new discoveries of potential contaminants in public water supplies. Wastewater Treatment and Reuse 506 Once municipal water has been used, it is, in most instances, properly treated and recycled back into the environment. However, the technology and process of wastewater treatment and reuse is being constantly improved and upgraded. Furthermore, the improper siting of package plants and septic tanks often does not accomplish the level of treatment needed to protect the ecosystem of the state. The Florida League of Cities will: 506.1 Support legislation which prohibits the use of septic ?(/ 20 9 ®� — � �Gc� tanks in high density urban areas and allows their use in rural areas only when soil conditions, topography and water tables are suitable. 506.2 Support legislation which severely limits the installation of new package plants and increases regulation of existing package plants, including strong measures to prevent improper operations and/or abandonment. 506.3 Support legislation which provides state support and funding of technology and innovative programs to reclaim wastewater and promote water reuse. 506.4 Support legislation which encourages cost-efficient water reuse when there is a clear demonstration by the state that water reuse is financially feasible. Wetlands 507 The state's wetlands are essential to the state's natural ecosystem. These wetlands provide water filtration and storage and serve as a natural habitat to fish and wildlife. Development in wetland areas should be prevented. The Florida League of Cities will: 507.1 Support legislation which would provide for a uniform definition of wetlands and the methodology for delineating wetlands provided that municipalities retain the right to impose and enforce stricter wetlands regulations. 507.2 Support legislation which facilitates and encourages the use of stormwater and/or treated wastewater, when appropriate, for swamp and wetland restoration and rehydration projects. Hazardous and Toxic Waste 508 The proper identification, storage, disposal, treatment and transportation of hazardous waste, infectious materials and other toxic materials are essential for the protection of the public health, safety and welfare. Furthermore, the proliferation of small, scattered disposal sites only exacerbates potential problems associated with hazardous and toxic waste management. The Florida League of Cities will: 508.1 Support legislation to require the state to more precisely define chemical, biological and nuclear hazardous and toxic waste. 508.2 Support legislation which defines infectious wastes and establishes procedures which track the generation, transport and 21 4- 42 7J disposal of such waste. 508.3 Support legislation which provides a continued revenue source for hazardous waste management, such as a tax on the producers and users of hazardous waste, which may be used for reimbursement to local governments for expenses incurred in abating potential dangers attributable to hazardous waste. 508.4 Support legislation which allows imposition of civil penalties that meet or exceed the cost of legal disposal of against illegal dumpers of hazardous and toxic materials. 7G 22 94- 42 Ethics and Personnel Priority The Florida League of Cities will support a constitutional amendment which requires that any Sunshine and Public Records Laws, now or in the future, shall apply equally to the Florida Legislature, state agencies and local governments. The Florida League of Cities will support legislation removing judicially imposed restrictions on communications between elected and appointed officials and their constituents. Personnel Expenditures 600 Municipalities are major employers in Florida, with more than 100,000 employees. Personnel -related expenses account for between 60 and 80 percent of municipal budget expenditures. Municipal officials are held directly accountable to their citizens for these fiscal and administrative personnel decisions and should therefore have final control over the cost of providing pay and benefits for their employees. The Florida League of Cities will: 600.1 Oppose. any legislation that requires mandatory certification, pay or fringe benefits for local,public employees, unless fully funded by the state. Additionally, any mandates in this area should be extended to state employees. 600.2 Oppose legislation which passes on the administrative or operational cost of state agencies' functions to cities, for pension or other state overview functions. Local Public.Officials 601 The Florida League of Cities recognizes that thousands of Florida citizens are now serving in municipal offices and most serve in this public capacity with little remuneration and great personal expenditure of time, effort and talent. We are of the firm belief that individuals in public office should not be subjected to undue or unreasonable restrictions in order to serve their fellow citizens. The Florida League of Cities will: 601.1 Support legislation removing judicially imposed restrictions on communications between elected and appointed officials and their constituents. 601.2 Support legislation which would remove municipal employee personal records from coverage under the Public Records Law, similar to those exempted for law enforcement personnel. 23 �, 4- 42 601.3 Support legislation which would exclude city -owned utility customer applications and payment records from coverage under the Public Records Law. 601.4 Support legislation which excludes locally appointed boards, other than those which are quasi-judicial, from financial disclosure requirements. 601.5 Oppose any expansion of financial disclosure requirements for elected officials of municipal government. 601.6 Support legislation which would repeal the .5 percent election assessment currently paid by municipal and other candidates to fund campaign financing of candidates for governor and Cabinet offices, and which would also repeal state General Fund financing of the same representatives in Florida. 601.7 The Florida League of Cities supports legislation•which clarifies statutory authority to nullify recall petitions which are based upon frivolous charges. Employer/Employee Relations 602 Alternatives to collective bargaining, such as strikes, binding arbitration, and using the "end run" to obtain pay and/or benefits, are unacceptable to locally elected officials. i The Florida League of Cities will: 1 602.1 Support existing constitutional provisions which prohibit j public employee strikes because they seriously and dangerously disrupt, delay or prevent the delivery of municipal services to citizens. 602.2 Oppose any efforts to establish binding arbitration as, -a resolution to impasse under the collective bargaining law. The injection of a third party into the process of setting community priorities and levying taxes is contrary to a representative form of government. 602.3 Support legislation which requires that the determination of an employee as "managerial" be based on job duties. We also support legislation which recognizes the potential conflict of interest between a "confidential" employee and a collective bargaining agent. 602.4 Support legislation to allow cities and local elected officials to withdraw from the Florida Retirement System. 602.5 Support legislative repeal of the automatic presumption that firefighter disabilities claimed from hypertension and heart disease are accidental and suffered in the line of duty, and oppose any expansion to include other employee groups or diseases. 24 9 4 - 42 f 602.6 Support legislation which allows a public employer to petition the Public Employees Relations commission for an election when the union lacks continued majority status. 9442 - 25 Criminal Justice(9-k)) Priority The Florida League of Cities will support legislation which commits state resources to adequately fund the construction of additional local jail and state correctional facilities. These resources are needed to incarcerate persons who commit crimes. Crime and Judicial Administration 700 The Florida League of Cities recognizes the degree of crime in a community has a direct impact on the quality of life of its citizens and a community's well-being is dependent in part on the efficient and effective administration of judicial affairs. The League believes the paramount criminal justice problems presently crippling Florida's communities are jail/prison overcrowding and increased drug -related activities. The League further recognizes that an adequate state criminal justice program balances retribution with rehabilitation, restitution and education, and that this balance is essential to an orderly and functional society. The League therefore believes the state should commit its resources toward adequately funding the construction of additional local jail and state correctional facilities; toward increased criminal penalties for those who distribute, manufacture and sell drugs; and toward adequate drug prevention, education, rehabilitation, treatment and testing programs. The Florida League of Cities will: 700.1 Support legislative programs designed to provide a more expedited judicial process. . 700.2 Oppose legislation that eliminates the discretion of the judiciary to incarcerate persons convicted of criminal offenses unless such persons can be sentenced to residential rehabilitative facilities where their rehabilitation can be adequately monitored and supervised. 700.3 Support legislation that places greater penalties on those who distribute, manufacture and sell drugs, especially in the presence of minors, and also on those who utilize minors to proliferate drug -related activities. 700.4 Support legislative programs designed to educate the public about drugs and to otherwise prevent drug use, particularly among minors. 700.5 Support legislative programs designed to treat prisoners with chemical dependencies, including programs that provide ,►1 substance abuse testing, counseling, and treatment services for VVV 26 94- 42 persons convicted and incarcerated for drug use. 700.6 Support legislation that provides adequate funding for local jail and state correctional facilities. 700.7 Support legislation that encourages rehabilitation programs designed to provide for an orderly transition of released criminal offenders into society. 700.8 Support legislative programs designed to enforce stricter penalties for habitual and violent criminal offenders. 700.9 Support legislation that increases the efficiency and provides adequate funding of the Safe Neighborhood Act. 700.10 Support legislation which provides additional penalties for the sale, purchase or delivery of, or possession of controlled substances, or the intent to perform any of the above, within public areas frequented by children. 700.11 Support legislation requesting the Governor to appoint a task force to study the effects of prostitution on local communities and to present recommendations to the Legislature. 700.12 Support legislation that encourages education programs designed to provide for an orderly transition of released criminal offenders into society. 700.13 Support legislation to reduce prison overcrowding by building more facilities with an adequate number of beds and personnel to secure the beds. -700.14 Support legislation to restrict early release of prisoners convicted of violent crimes unless the prisoner has successfully completed a defined educational, vocational, rehabilitative or life skills program. 700.15 Support legislation to 320.025 to provide an exception to requirement for unmarked vehicles law enforcement agencies. Juvenile Crime amend Sections 320.0655 and the yellow city license place owned or operated by municipal 701 The Florida League of Cities recognizes that there is an ever-growing increase in the level of juvenile crime in Florida cities. Statistics clearly show that the great majority of these crimes are committed by a small percentage of serious habitual offenders. The Florida League of Cities believes that current laws, policies and procedures concerning the punishment of serious habitual juvenile offenders do not contain sufficient sanetions to deter criminal activity and that the state lacks sufficient juvenile detention facilities to 27 94- 42 1Am satisfactorily incarcerate all of the serious habitual juvenile offenders sentenced to those facilities. The Florida League of Cities will: 701.01 Support legislation that will substantially increase the number of available beds in juvenile offender facilities to insure that serious habitual offenders sentenced to such facilities will be detained throughout their sentence or until they are properly rehabilitated. 701.02 Support legislation that provides that all decisions relating to the early release or the sentencing of youthful offenders remain the responsibility of the judge assigned to the case. 701.03 Support legislation that to amend the current structure of juvenile justice administration to remove HRS from the process and relocate juvenile justice administration in a separate Cabinet agency. 701.04 Oppose legislation that would weaken or limit local government legislative policy decisions to site juvenile facilities. 701.05 Support legislation that would prevent in certain circumstances and in a manner in which would not endanger the loss of federal funding possession of a handgun by a juvenile. 701.06 Support legislation to increase the ability of juvenile judges to hold juveniles in contempt of court for improper behavior in a courtroom prior to an adjudication of delinquency in a manner that would not endanger the loss of federal funding. 701.07 Support legislation to create additional juvenile boot camps for both sexes which incorporate remedial educational, rehabilitative treatment and adequate aftercare. 701.08 Support legislation that would give greater discretion to judges to impose sentences on juvenile offenders. Victims Rights 702 In view of the ever increasing rate of adult and juvenile violence, the Florida League of Cities recognizes the need to strengthen laws that will protect and enhance the rights of victims who fall prey to criminal acts. The Florida League of Cities will: 702.01 Support legislation to respect victim's rights and funding for grants for local programs to aid these individuals. Wo 28 94- 42 702.02 support legislation that would require judges to more effectively utilize mandated victim services. 702.03 Support legislation that will allow the institution of statewide local victim centers in an effort to acknowledge and protect the rights of all citizens who become innocent victims of crimes in our state. T...: 'IMMIX D 8 �v bpWNTOWN DEVELOPMENT AUTNVRIIY Ono Cllaoayne TO.Ycr, Suilo 1818 MWthl, Fludda 33131 Tel.. (,W5) 57 .W6 FHA. (305) Ji 1-2423 M F M 0 R A N n U M T0: Tho 11onorab e jnvio 1.1iak;-BnIfIrt FROM Matthew D ,' dart Fxet:utive, DircctOr I)ATN: Auguot 25, 1993 RF: Authority of Private Security SoxIvicoa to use Fleshing lit3hts in Downtown Areas The Journal of tho Senate of I-Inroh 31, 1993 indiontes theft you introduced the following Amendment I-UKaL-d1nh Authority of Private Security Sorvices to use flashing lights iu downtown areas. (por Isabel #436 - 316.239-7) "A)rnondrnent 2 (with Title Amendment) -on 2a6e 21 , before line 1 , Ineert; erection 4. .Subsection (3) of Socti.on 316.2397, Florida Statues, its oaiAndc+d to rams: 316.2397 Certain lights prohibited; yxcojjtiona -- vehicles of the fire department and fire patrol, including vehicles of volunteer t'iremen ns permitted under S. 316.2398, vehicldn of medical. staff physicians or technicians of medical fcaci-litiea licensed by the state as authorized under s. 316.2398, ambulances no authorized under this chapter, and butsea and taxicabs etci authorized under s.516.2399 are permitted to show Vr display red lighte. Wreckers, mosquito control fog and :spray vehiclea, and emergency vehiclos of governmental departments or public eervice corporations may ehow or display amber lights when in actual operation or when a hazard exists provided thoy are not used going to and from tho Scene of operation or hazard without specific authorizeatlon of a law enforcement officer or law enforcement agericy. Further, oecort vehicles will be permitted to show or display amber lights when in the actual process of escorting over -dimensioned equipment, material, of buildings as authorized by law. School buaea may show and dimplcty lights as provided in Chapter 2*54 and may show and display flushing white strobe tights. Vehicles of private watchman, guard, or patrol agencie-s licensed pursuRnt to Chaapter 493 may show or display ambor .lights which pntrolli.ng condominium, cooperative, and private residential and busine5ti communities and aaeci.al 6axing or aseessment districts in downtown business districts by which employed and which traverse public streets or highwfays. Renumber oubsequent socton.) Sonator, we are oi' the opinion that you will. take tho steps noceeaaary to ref ile this matter at the 1994 Session. Thank you for your notion. Please let us know if we can furnish you any additional infurmestion. It is our understanding, that the refiline, will be Supported. MIns : I.,F;W/Y t a 4 _ 4; (} CITY OF MAW FLOFUDA INTEROFFICE MEMORANDUM TO: Mayor's Transition Team DATE ; FLE SUBJECT Police Priority Issues FROM: Cesar H. Odio f%FFEP.ENM$ : City Manager ENCIO.SUHES Per our discussion, attached please find a list of priority concerns of the Police Department. Should you have any questions regarding the attached, please feel free to contact me at your convenience. OS !8 WV 06 330 E6 a3AI309- 03 vo4- 42 JL;'L- 1 3-0 1 M 0 H 3� PRIORITY ISSUES FOR THE MAYOR'S TRANSITION TEAM As per discussions at our meeting of Wednesday, December 15, 1993, the following is a list of priority concerns of the Police Department. Legislative Initia -over We would appreciate Commission support on State and Federal legislative issues includingo 1. Support for the building of prison facilities to house violent career criminals. 2. Lowering of the age for adult offenders from 18 years of age to 17 years of age. 3. Support of Federal initiatives for the hiring of additional police officers. 4. Support of local initiatives for juvenile curfews ordinances. 5. San on the sale of assault rifles in the State of Florida and tighten overall gun control. 6. Support for a Statewide tax initiative (possible sales tax) designated for support of the criminal justice system. 7. State and County support to the City of Miami reference homeless issues. Personnel Issuers 1. Work with the unions and Commissioners to rescind the City resident only requirement for hol$ sworn and civilian new hires. Notes We would certainly support a policy of giving first preference to individuals who reside in the City. 2. The need for long term hiring plan for sworn officers, as well as, critical civilian personnel such as E911 operators and dispatchers. This is needed to avoid the shortage associated with normal attrition. 3. Streamlining of the hiring and promotional practices for civilian personnel. , 94- 42 n 01. 04. 94 10 : 54. i *1-tOLLANn&MNxC1H M2AMx Bradenton, FL 34206 (813) 747.5350 Fax: 1013) 748.6045 Orlando, FL 32202 (407) 425-e600 Fax: (407) 423.3397 Ft. Lauderdale, FL 33302 1305) 525.1000 Fax: (305) 463.2030 Law Offioes HOMA.NU & KMGHT Miami, FL 33101 (303) 374-SS00 Fax: (305) 789.7799 Tampa, FL 32601 Jacksonville, FL 32202 1813) 227.8500 (904) 353.2000 Fax: 08131 22"I S4 Fax: (904) 368.1072 FACSIMILE TRANSMISSION COVER SHEET 47 Lakeland, FL 32802 (8131 682.1161 Fax: (813) Bee-1186 Tallahassee, FL 32302 (90k 224-7000 Faxt (904) 224.8832 Washington, DC 20008 (202; 955.6550 Fax: (2021959.5584 cotimENnAwy NOTE, The fotlow/no fecalmile /s Intended eole/y for the use of rhs Ind/v/dus/ or entyty to whlah It is addressed and may contain Infammteon that is jodWsded, confidential, or otherwise excerpt from disclosure under appliceblo law, If the rsedorof this rnessaos Ie not the intended reNplent or the empkyse or spent responsible for daliverinp the rnassepp to the Intended recipient, you are hereby nodfiad that any dissem/nst/on, distribution, or oopylno of this eammunioation is strictly prohibited. h' you have received this commun/aiNan in error, please Immadiptely not#y us by telephone and return the or/piwd message to us at the above address via the U,S. postal serv/cs. Thank you, TO.' AURELIO PEREZ LUGONES FROM: M1KKI CANTON USER #: CITY: MIAMI REPLY TO: MIAMI DIRECT TELEPHONE NO,: 709.7783 MESSAGE: T0: City of Miami Mayor and Commission Members. Re: Legislative Issues Review of 1993 Legislative appropriated issues of the City of Miami and upcoming 1994 Legislative Session, January 4, 1994 (Area Code end Number) 858.1707 Contirmatloh Telephone No. 260.5417 ,r,l nwn�n CITY OF MIAMI URGENCY: ® Super Rush Rush ❑ Regular r� I Confirmation Required? Yes 13 No I 27387 Number or pages (Includlno Cover Sheet) 1 95 vn I Ims gone Amount 194- 42 As YOU = NOT RECBNE ALL OR 7"ff PA a" OR AWO THAT 7WY ARE lLLB04" ALEASE CALL. QHE_7806740 pis.� ��� ��L r'+�1CITY FUNDING/LEGISLATIVE ISSUES 1994 ., 94- 42 3 CITY OF MIAMI FUNDING/LEGISLATIVE ISSUES 1994 TABLE OF CONTENTS Page SCHOOL BUSES/MINI VANS, SEAT BELTS REQUIRED 1 OCCUPATIONAL LICENSE TAX INCREASE 2 POPULATION CENSUS/REVENUE SHARING FORMULA 3 URBAN FORESTER POSITION, CITY OF MIAMI 4 MUNICIPAL VERIFICATION/COMMUNITY RESIDENTIAL HOMES 5 CABLE TELEVISION/PUBLIC SERVICE TAX 6 SOLID WASTE SERVICES/PUBLIC SERVICE TAX 7 SANITARY SEWERS/PUBLIC SERVICE TAX 8 PUBLIC OFFICERS; GENERAL PROVISIONS 9 OLD FIRE HOUSE #2 FIRE MUSEUM 10 MUNICIPAL FIRE DEPARTMENTS' CAPITAL IMPROVEMENT TRUST FUND 12 ISSUES SUPPORTED BY CITY Fuel Adjustment Charge, Exempt from P.S. Tax Appendix A Dade County League of Cities Issues Appendix B Florida League of Cities Issues Appendix C Flashing Yellow Lights Special Taxing Distrcts Appendix D S 94- 42 TITLE SCHOOL BUSES/MINI-VANS, SEAT BELTS REQUIRED LEGISLATIVE Students are regularly standing in aisles, on ISSUE seats, or jumping up unexpectedly while being transported in public and private school buses and mini -vans. The restraint of seat belts would not only limit this activity, but would enhance the safety aspect of transporting students. The tables below demonstrate the current status of this safety aspect. They show for 1991 and 1992 the number of passengers involved in school bus accidents, and the number of students injured or killed. 1991 ACCIDENTS State of Dade City of Passengers: Florida County Miami Involved 7,416 878 161 Injured 624 87 31 Killed 3 3 3 1992 ACCIDENTS Involved 7,422 1,123 88 Injured 692 157 4 Killed 1 1 1 PROPOSED Amend s. 316.614, F.S., to make it unlawful for ACTION a person to transport students in public and private school bises/vans unless all students are restrained by an approved safety belts. RESULTS EXPECTED WHEN PASSED RESULTS EXPECTED IF NOT PASSED A safe environment for children being transported in private or public buses. According to the National Highway Traffic Safety Administration, the use of safety belts reduces the number of injuries in vehicular accidents by 40% to 50%. The statistics above demonstrate the results that can continue to be expected if legislation is not passed. 1 94- 42 1 2 3 4 5 6 7 Q 9 1.0 .1.1 1.2 '3 1.4 15 1.6 17 .18 1.9 20 21. 22 23 24 25 u A bill to be entitled An act relating to the Transportation of Students (Title to be prepared by bill drafting) Be it enacted by the Legislature of the State of Florida: Section 1. 'Subsection (3)(a) of section 316.614, Florida Statutes, is amended to read: 316.614 Safety belt usage.- (3) As used in this section: (a) "Motor vehicle" means a motor vehicle as defined in s 316.003 that is operated on the roadways, streets, and highways of this state. The term does not include: i . x seheel-115- 1.-2- A bus used for the transportation of persons for compensation. 2.-3- A farm tractor or implement of husbandry. 3.-4- A truck of a net weight of more than 5,000 pounds. 4. -S- A motorcycle, moped, or bicycle. la CODING: Words in struck througli type are deletions from existing law; words underlined are additions. 94- 42 TITLE LEGISLATIVE ISSUE PROPOSED OCCUPATIONAL LICENSE TAX INCREASE The City_ of Miami levies occupational license taxes in three categories; flat rate, graduated rate, and per unit rate. Legislation was passed during the 1993 session that created new section 205.0535, F.S., which dealt with reclassification and rate structure revisions, and restricted the license tax increase to flat rate licenses (see subsection (3)(a). That new legislation did not directly address licenses levied on Graduated and per unit rates. It is impossible to increase graduated and per unit licenses within the constraints set out for flat rate licenses. Therefore, those licenses could not be increased or even equalized with flat rate licenses as the legislation had originally envisioned. Amend newly enacted s.205.1 to include ACTION language that any such license tax increase shall not exceed 50 percent for license taxes levied at graduated or per unit rates. RESULTS EXPECTED WHEN PASSED RESULTS EXPECTED IF NOT PASSED (0 The City will be permitted to increase taxes on occupational licenses which are levied on a graduated or per unit basis. This will enable the City to achieve the overall allowable increase of 10 percent, which would amount to approximately $420,000.00. The City will be unable to increase taxes on those licenses and will, therefore, be unable to achieve the 10 percent maximum allowed increase. Future increases permitted in section 205.0535(4) (5% every other year) would also not be achievable thereby restricting future revenue increases. In addition, any equalization of rates within license categories will not be achievable. 2 °4- 42 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 A bill to be entitled An act relating to Occupational License Taxes (Title to be prepared by bill drafting) Be it enacted by the Legislature of the State of Florida: Section 1. Subsection (3)(a) of Section 205.0535; F.S., is amended to read: (3)(a) After the reclassification and rate structure revisions have been transmitted to and considered by the appropriate local governing body, it may adopt by majority vote a new occupational license tax ordinance. Except that a minimum license tax of up to $25 is permitted, the reclassification shall not increase the occupational license tax by more than the following: for licenses costing $150. or less, 200 percent; for licenses costing more than $150 but not more than $500, 100 percent; for licenses costing more than $500 but not more than $2,500, 75 percent; for licenses costing more than $2,500 but not more than $10,000, 50 percent; and for licenses i costing more than $10,000, 10 percent; and for licenses issued on a graduated or per unit basis, 50 percent; however, in no case may any license be increased more than $5,000. 1 2a T COOING: Words in struck through type are deletions from 4 _ 42 ov i eb i nn 1 Ato- orni-Aa tin ricnrl i nori arYo arm i i- ionc: "'N TITLE POPULATION CENSUS/REVENUE SHARING FORMULA LEGISLATIVE ISSUE The City of Miami has continuously contested the accuracy of the annual estimates of the population prepared by the Bureau of Economic and Business Research of the University of Florida. Those annual estimates are based on the 1990 census, updated by the number of electric customers and are used in the state revenue sharing formula. The U.S. Bureau of the Census undertook a nationwide postal survey, 1991 Post Enumeration Survey (PES), to check the accuracy of the 1990 census of population. The PES disclosed a 5% undercount largely confined to African -American, Hispanic and other minority groups. PROPOSED Amend s. 186.901, F.S., Population Census ACTION Determination to require that the annual population estimates of local governmental units produced as of April 1 of each year utilize the 1991 PES results. Those PES results should apply to any revenue sharing with local governments until the year 2002, when the results of the 2000 census will be available, by_ which time census statistical methods should compensate for any undercount. RESULTS Utilizing the PES and updating to determine EXPECTED annual population estimates for units of local WHEN PASSED government will correct the undercount in the 1990 census and will result in more equitable revenue sharing. RESULTS Annual population estimates for those local EXPECTED IF units of government containing significant NOT PASSED minority populations will continue to contain an inherent undercount so that Florida's minority population concentrations will continue to be denied an equitable share of state revenue. 12. 94- 42 1 2 3 4 5 6 7 8 9 10 11 12 13j 14 15 16 17 18 19 20 21 22 23 A bill to be entitled An act relating to population census determinations as these estimates pertain to State Revenue -Sharing distribution formulas (Title to be prepared by bill drafting) Be it enacted by the legislature of the State of Florida: Section 1. Subsection (1) and Subsection (2), paragraph (a) of section 186.901, Florida Statutes is amended to read: 186.901 Population census determination. (1) The Executive Office of the Governor, either through its own re- sources or by contract, shall produce population estimates of local govern- mental units as of April 1 of each year. b ees. The population of local governments, as determined by the Executive Office of the Governor, shall apply to any revenue -sharing formula with local governments under the provisions of ss.218.20-218.26, part II of chapter 218. For municipal annexations or consolidations occurring during the period April 1 through February 28, the Executive Office of the Governor shall determine the population count of the annexed areas as of April 1 and include such in its certification to the Department of Revenue for the annual revenue -sharing calculation. 3a 4 94— 42 1 24 (2)(a) Population shall be computed as the number of residents, employ- 25 ing the United States Bureau of the 26 Census Post -Enumeration Survey (PES) of 1991, Option 1, as the principal 27 base for statistical estimates, as updated utilizing accepted statistical 28 practices, until 2002. 29 (b) For the purpose of revenue -sharing distribution formulas and dis- 30 tribution proportions for the local government half -cent sales tax, inmates 31 and patients residing in institutions operated by the Federal Government, the 32 Department of Corrections, or the Department of Health and Rehabilitative 33 Services shall not be considered to be residents of the governmental unit in 34 which the institutions are located. 35 (c) Nothing herein shall be construed to prohibit the separate deter- 36 mination of any categories of persons, whether resident or nonresident. 37 (3) In cases of annexation or consolidation, local governments shall be 38 required to submit to the Executive Office of the Governor, within 30 days 39 following annexation or consolidation, a statement as to the population census 40 effect of the action. 41 (4) Estimates of inmates and patients pursuant to paragraph (2)(b) 42 shall be separately stated in population reports issued pursuant to this 43 section. 94- 42 C�'Ct{1 of Aiamli CESAR H. 0010 CITY MANAGER September 29, 1993 Mr. Thomas P. DeCair Department of Commerce Bureau of The Census Room 2066 Federal Building 3 Washington, DC 20233 RE: Census of Population and Housing --Year 2000 Dear Mr. DeCair: P. 0. BOX 330708 MIAMI, FLORIDA 33233-0708 305-250-5400 FAX 305-285-1835 This letter is written for submission to the Advisory Committee of the Task Force for Designing the Year 2000 Census -.and Census Related Activities for 2000-2009. In an effort to facilitate more equitable revenue -sharing, the City of Miami is proposing to the 1994 Florida Legislature to amend the population estimating legislation. We are proposing that the population estimating legislation be based upon the Post Enumeration Survey (PES) to compensate for the 1990 Census undercount. (See attachment). The City of Miami recommends the following for the Year 2000 Census: a) statistical checks should be built into the Census to identify undercounts and b) statistical corrections and/or adjustments, if an undercount exists, should be applied to the results of the 2000 Census. If additional information is needed, please contact Mr. Sergio Rodriguez, Assistant City Manager, at (305) 250-5400. Sincer y, Cesar H. Odio City Manager Attachment cc: Sergio Rodriguez, Assistant City Manager v Karen Y. Coplin, Planner II Ward Barritt, Asset and Grant Management 3c 1� 4 i C4t#R of Aiamf CESAR H. 0wo CITY MANAGER September 29, 1993 Mr. Scott K. Cody Research Programs/Service Coordinator Bureau of Economic and Business Research Population Program 221 Matherly Hall University of Florida Gainesville, FL 32611 k: 1993 Preliminary Population Estimate Dear Mr. Cody: P. O. BOX 330706 MIAMI, FLORIDA 33233-0708 305-250-5400 FAX 305-285-1835 This letter is in response to your letter of August'll, 1993, which proposed a preliminary population estimate of 364,679 for the City of Miami as of April 1, 1993. The City of Miami has reviewed this estimate and believes a more accurate estimate would be 383,550 and formally requests that you reconsider your preliminary estimate. (see attachment) As stated in last year's response to your proposed 1992 estimate, applying the undercount factors released by the Bureau of the Census 1991 Post Enumeration Survey (PES) would have increased Miami's population count by 4.87 percent over the 1990 count to a revised number of 376,000 persons for 1991. The City of Miami continues to contest the accuracy of the number of permanent households, persons, etc., the Bureau of Economic and Business Research (BEER) uses in the statistical formula to determine preliminary population estimates. In addition, the influx of foreign immigrants into the City of Miami continues. As a result, it is contended that Persons per Household (PPH) factor used by BEBR should be adjusted upward to account for these persons. Applying our interpretation of data and using the BEBR Methodology, a more appropriate computation of the household population would be as follows: The population per household factor should be adjusted upward by the 1991 4.45 percent weighted undercount in Miami to an adjusted PPH of 2.8159. Page 1 of 2 /7 3d 4- 42 Mr. Scott K. Cody Research Programs/Service Coordinator Bureau of Economic and Business Research The City of Miami proposes the following adjusted computation: Household Estimates X Persons Per Household X Group Quarters Multiplier + Inmate Population = Population Estimate. 133,248 x 2.8159 x 1.01414 + 3,033 = 383,550. I request that you give these figures serious consideration once again, as you consider your final 1993 population estimates. If you have any questions, please contact Sergio Rodriguez, Assistant City Manager at (305) 250-5400 or Karen Coplin, at the Planning, Building and Zoning Department, at (305) 579-6086. Sincer y, Cesar H. Odio City Manager Attachment cc: Sergio Rodriguez, Assistant City Manager/Director Planning, Building and Zoning Department Carlos Smith, Assistant City Manager Frank Castaneda, Director Department of Commnunity Development Ward Barritt Asset and Grant Management Karen Y. Coplin, Planner II Planning, Building and Zoning Department ` Page 2 of 2 3e 94` 42 I SENT BY:CITY OF N(A.M1 117-83 , 2:34ft : CITY NIXNAca'S �� 4/ 4 v2.Leuut %.vv.... ...... �. PRELIMINARY POPULATION ESTIMATE (PERMANENT RESIDENTS) APRIL 1, 1993 TOTAL PRELIMINARY PRELIMINARY EST. CENSUS POPULATION ESTIMATE INMATES LESS INMATES 4/1/90 CHANGE 4/1/93 4/1/93 4/1/93 358,648 6,031 364,679 3,033 361,646 THE POPULATION ESTIMATE PROPOSED FOR STATE REVENUE SHARING, 1994-1995 FISCAL YEAR IS 361, 646. YOUR PRELIMINARY POPULATION ESTIMATE FOR APRIL 1, 1993 IS * 364,679 (SEE ENCLOSED SHEET FOR AN EXPLANATION OF TERMS.) PLEASE MARK THE APPROPRIATE RESPONSE AND RETURN ONE COPY OF THIS FORM BEFORE SEPTEMBER 15, 1993. RETAIN THE OTHER COPY FOR YOUR FILE. I HAVE REVIEWED THIS PRELIMINARY POPULATION ESTIMATE AND CONSIDER IT TO BE REASONABLY CORRECT. I HAVE REVIEWED'THIS PRFT.TMINARY POPULATION ESTIMATE AND DO NOT CONSIDER IT TO BE REASONABLY ACCURATE. I BELIEVE A MORE ACCURATE ESTIMATE WOULD BE I REQUEST'THAT YOU RECONSIDER YOUR PRELIMINARY ESTIMATE. I HAVE REVIEWED THIS PRELIMINARY POPULATION ESTIMATE AND DO NOT CONSIDER IT TO BE REASONABLY ACCURATE I AM ENCLOSING DOCUMENTATION WHICH I BELIEVE SUPPORTS A14 APRIL 1, 1993 ESTIMATE OF I REQUEST THAT YOU REVIEW THIS bOCUMENTATION AND R1;CONSIDc.R Y UR PR MINARY ESTIMATE. City Manager AT TITLE SIGNATUR IF FUTURE CORRESPONDENCE SHOULD BE SENT TO AN ADDRESS OR PERSON DIFFERENT THAN THAT CURRENTLY LISTED, PLEASE ENTER THE NEW I14FORMATION BELOW. PLEASE FFaNT IF YOU HAVE ANY OUESTIONS OR COMMENTS ABOUT THIS ESTII-iATE YOU MUST REQUEST A REVIEW BEFORE SEPTEMBER 15, 1993. BUREAU OF ECONOMIC AND BUSINESS RESEARCH POPULATION PROGRAI•: 221 MATHERLY HKLL UNnrERSITY OF FLORIDA GAIN SVILLE, FL. 32611 (9[14) 392-0171 3f 94- 42 Z TITLE URBAN FORESTER POSITION, CITY OF MIAMI FUNDING The City has an urgent need for urban forestry ISSUE assistance in -the aftermath of Hurricane Andrew. On September 24, 1992, the City Commission adopted Resolution 92-580, requesting that the Division of Forestry, Florida Department of Agriculture and Consumer Services, provide the City with the services of an Urban Forester. An Urban Forester would aid the City in protecting and improving its urban forest resources. Assistance would be provided in revising the City's Environmental Preservation Ordinance, conducting street tree surveys, developing tree planting designs, and conducting forestry - related workshoj2s. Although the Division. of Forestry has received FEMA funding to provide two Urban Forester positions for Dade County, thase individuals are focused on South Dade, where the major devastation of trees occurred. Although the City of Miami recognizes the need for this technical expertise in South Dade, it is requested that a similar level of assistance be provided to Dade County's largest municipality. PROPOSED The City of Miami is requesting that the ACTION Division of Forestry provide the City with the services of an Urban Forester. RESULTS The City will have the professional assistance EXPECTED necessary to develop tree management, WHEN PASSED maintenance and planting plans to preserve existing trees and replace trees lost as a result of Hurricane Andrew. RESULTS The City will continue to operate without the EXPECTED professional expertise necessary to protect and IF NOT improve its tree resources. PASSED FUNDING �_!50,000.00 . 0_� a 4 94- 42 A bill to be entitled 1 An act relating to an Urban Forester Position for the City of Miami 2 (Title to be prepared by bill drafting) 3 Be it enacted by the Legislature of the State of Florida: 4 Section 1. The budget of the Department of Agriculture, Division 5 of Forestry, is hereby amended by $50,000 for the purpose of funding an 6 urban forester position for the City of Miami. 7 CP / 4 a 9 4 - 4 J-92-673 9/22/92 RESOLUTION N0. A RESOLUTION REQUESTING THE DIVISION OF F RESTRY, rLORIDA DEPARTMENT Or AGRICULTURE A D CONSUMER SERVICES, (DEPARTMENT) TO C NDUCT A SURVEY TO DETERMINE WHETHER THE D PARTMENT SHOULD PROVIDE THE CITY OF XrAMY W TH THE SERVICES OF AN URBAN FORESTERi A THORIZING THE PLANNING, BUILDING AND ZONING D PARTMENT TO PROVIDE OFFIC4 SPACE AND $ CRETARIAL SERVICES FOR SAID FORESTER; D RECTING THE CITY RAVAGER TO REQUEST R IMBUR$EMENT OF THE COST FOR SAID BERVICE$, I THE AMOUNT or $3,000.00, FROM THE FED?�RAI• E RGENCY MANAGEMENT AGENCY; AUTHORIZING THE C TY MANAGER TO l:XZCUTE ANY tMCESSARY A REEMENT WITH THE DEPARTMENT; DIRECTING THE C TY MANAGER TO TRANSMIT A CERTIFIED COPY OF T IS RESOLUTION TO THE DEPARTMENT. WHEREAS, the Commission of the City of Miami is cognisant of the many bebefits provided by trees and forestal and WHEREAS, the City of Miami currently enforces an Environment¢1 preservation Ordinance which provides for the protection and preservation of trees and others significant environmentpi features= and WHEREAS, the City of Miami has suffere4 extensive damage to Its trees jig a result of Hurricane Andrew and expects to be reimbursed by the Federal Emergency Management Agency (r'EMA) for the cost oA replacing lost tree canopy within public righte,of- `ayi parks, -and public propextyl and 4b 23 94- 42 TITLE LEGISLATIVE ISSUE PROPOSED ACTION MUNICIPAL VERIFICATION OF COMMUNITY RESIDENTIAL HOME LOCATIONS Community residential homes of six or fewer residents are currently being approved by the Department of Health and Rehabilitative Services without municipal review of spacina relative to other such facilities. Section 419.001(3)(a), F.S., require residential homes of six or fewer residents to be located at least 1,000 feet apart. There is no required municipal verification of those locations standards, however, prior to approval and licensing by HRS. As a result, numerous community residential homes with six or fewer residents operate within close proximity of each other, less than 1,000 feet apart, often on the same block. _The heavy concentration of those facilities in The of those one and two block7 areas is such that they substantially alter the nature and character of the residential area. to require municipal >r proposed community RESULTS This required verification will significantly EXPECTED reduce the numerous illegal concentrations of WHEN PASSED community residential homes with six or fewer residents. Areas that are currently dominated by_ clusters of those homes will thus be permitted to recover their original residential character, while accommodating the permitted optimal numbers of such community residential homes. RESULTS The problem of over dense concentrations of EXPECTED IF community based residential homes with six or NOT PASSED fewer residents has adverse neighborhood ramifications. Increasing clusters of such homes are appearing within the City of Miami, in violation of s. 419.001(3)(a), and the problem is clearly worsening. °4- 42 5 1 2 3 4 5 6 7 8 9 10 1:1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 A bill to be entitled An act relating to Community Residential Homes (Title to be prepared by bill drafting) Be it enacted by the Legislature of the State of Florida: Section 1. Subsection (2) of section 419.001, Florida Statutes, is amended to read: 419.001 Site selection of community residential homes.- (2) Homes of six or fewer residents which otherwise meet the definition of a community residential home shall be deemed a single-family unit and a noncommercial, residential use for the purpose of local laws and ordinances. Homes of six or fewer residents which otherwise meet the definition of a community residential home shall be allowed in single-family or multifamily zoning without approval by the local government, provided that such homes shall not be located within a radius of 1,000 feet of another existing such home with six or fewer residents. Such homes with six or fewer residents shall not be required to comply with the notification provisions of this section; provided, 5a CODING: Words in struck through type are deletions from .. ! _. - I ..... .7._ .. .i..r1 ; nnrl a m arm 4 4- 4 nna F 42 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 however, that the sponsoring agency or the department shall verify with the local government that such homes meet the 1,000 foot radius restriction before such homes are licensed by the department, and at the time of occupancy shall notify retifne- the local government at the time that the o€- home is occupied. aeeupaney that the heme is lieenBed by the department. 94- 42 5b CODING: Words in struck through type are deletions from 103.01.14 7M MEMORANDUM Agenda Item No . 5 (D) (1) Honorable Chairman and Members DAB' September 7, 1993 Board of County Commissioners SUUEcr: Resolution Regarding Regulation of Siting of Group Homes With Six or Fewer Residents FROM: Robert A. Ginsburg Dade County Attorney The attached resolution was prepared and placed on the agenda at the request of Commissioner Miguel Diaz de la Portilla. RAG/fp Attachment v( . Robert A. Ginsbuxif Dade County Attorney 5c 9 4- 42 MEMORANDUM 103.01-11 �/92 Agenda Item No . S (D) (1) ' j Honorable Chairman and Members DATE: September 7,- 1993 Board of County Commissioners sus,ECT: Resolution Regarding Regulation of Siting of Group -Homes-• With Six or Fewer Residents Robert A. Ginsburg FROM: Dade County Attorney The attached resolution was prepared and placed on the agenda at the request of Commissioner Miguel Diaz de la Portilla. Robert A. Ginsbu Dade County Attorney RAG/fp Attachment 5d Q4_ 42 Agenda Item No. 5(D)(1) 9-7-93 , RESOLUTION NO. RESOLUTION URGING THE LEGISLATURE OF THE STATE OF FLORIDA TO ADOPT AN AMENDMENT TO SECTION 419.001, FLORIDA STATUTES, PERMITTING LOCAL GOVERNMENTS TO REGULATE SITING OF GROUP HOMES WITH SIX OR FEWER RESIDENTS WHEREAS, Section 419.001 of Florida Statutes (1991), was designed to divest the authority of the Dade County Board of County Commissioners to site group homes of six or fewer residents; and WHEREAS, site selection of any particular group home is exclusively a local concern; and WHEREAS, Section 419.001 prevents community input on whether a group home is compatible with the neighborhood; and WHEREAS, Dade County has a record of fairness in allowing such homes in its residential neighborhoods and has rational standards for determining appropriate sites based on compatibility, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DADE COUNTY, FLORIDA, that: Section 1. This Board urges the Legislature of the State of Florida to adopt an Amendment to Section 419.001 of the Florida Statutes to permit local governments to regulate the siting of group homes of six or fewer residents. Section 2. The Clerk of the Board is directed to forward certified copies of this resolution to the members of the Dade Delegation of the Legislature. f 5e Q4-- 42 0 Agend,. Item No. 5(D) (1) Page No. 2 The foregoing resolution was offered by Commissioner , who moved its adoption, the motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: James Burke Miguel Diaz de la Portilla Betty T. Ferguson Maurice A. Ferre Larry Hawkins Bruce Kaplan Natacha S. Millan Dennis C. Moss Alexander Penelas Pedro Reboredo Javier D. Souto Sherman S. Winn Arthur E. Teele, Jr. The Chairperson thereupon declared the resolution duly passed and adopted this 7th'day of September. 1993. Approved by County Attorney as to form and legal sufficiency. _(f�e 32--- 5f DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS HARVEY RUVIN, CLERK By: Deputy Clerk 94- 42 Florida House of Representatives - 1994 By Representative Villalobos 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16i 17, 18 19 20 21 22 23 24 25 26 27 28 29 30 31 A bill to be entitled An act relating to community residential homes; amending s. 419.001, F.S.; providing that certain community residential homes shall be required to meet notification provisions for which they are currently exempt; providing for a public hearing prior to the siting of a community residential home; providing that a local government may deny a permit for siting under certain circumstances; providing a definition; providing an effective date. WB 33 Be It Enacted by the Legislature of the State of Florida: Section 1. Subsections (2) and (3) of section 419.001, Florida Statutes, are amended to read: 419.001 Site selection of community residential homes.-- (2) Homes of six or fewer residents which otherwise meet the definition of a community residential home shall be deemed a single-family unit and a noncommercial, residential use for the purpose of local laws and ordinances. Homes of six or fewer residents which otherwise meet the definition of a community residential home shall be allowed in single-family or multifamily zoning without approval by the local government, provided that such homes shall not be located within a radius of 1,000 feet of another existing such home with six or fewer residents. Such homes with six or fewer residents shall not be required to comply with the notification provisions of this section and; -provided; however; -that the sponsoring agency or the department shall 1 CODING: Deletions are stricken; additions are underlined. 94- 42 5g 33 3N Florida House of Representatives - 1994 509-105A-7-3 H8 33 1 notify notifies the local government at the time of home 2 occupancy that the home is licensed by the department. 3 (3)(a) When a site for a community residential home 4 has been selected by a sponsoring agency in an area zoned for 5 multifamily, the agency shall notify the chief executive 6 officer of the local government in writing and include in such 7 notice the specific address of the site, the residential 8 licensing category, the number of residents, and the community 9 support requirements of the program. Such notice shall also 10 contain a statement from the district administrator of the 11 department indicating the need for and the licensing status of 12 the proposed community residential home and specifying how the 13 home meets applicable licensing criteria for the safe care and 14 supervision of the clients in the home. The district 15 administrator shall also provide to the local government the 16 most recently published data compiled that identifies all 17 community residential homes in the district in which the 18 proposed site is to be located. The local government shall 19 review the notification of the sponsoring agency in accordance 20 with the zoning ordinance of the jurisdiction. 21 (b) Pursuant to such review, the local government may: 22 1. Determine that the siting of the community 23 residential home is in accordance with local zoning and 24 approve the siting. If the siting is approved, the sponsoring 25 agency may establish the home at the site selected. 26 2. Fail to respond within 60 days. If the local 27 government fails to respond within such time, the sponsoring 28 agency may establish the home at the site selected. 29 3. Deny the siting of the home. 30 31 2 CODING: Deletions are strieken; additions are underlined. 5h 6r�' 94` 42 Florida House of Representatives - 1994 509-105A-7-3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29' 30 31 h8 33 (c) The local government shall not deny the siting of a community residential home unless the local government establishes that the siting of the home at the site selected: 1. Does not otherwise conform to existing zoning regulations applicable to other multifamily uses in the area. 2. Does not meet applicable licensing criteria established and determined by the department, including requirements that the home be located to assure the safe care and supervision of all clients in the home. 3. Mould result in such a concentration of community residential homes in the area in proximity to the site selected, or would result in a combination of such homes with other residences in the community, such that the nature and character of the area would be substantially altered. A home that is located within a radius of 1,200 feet of another existing community residential home in a multifamily zone shall be an overconcentration of such homes that substantially alters the nature and character of the area. A home that is located within a radius of 500 feet of an area of single- family zoning substantially alters the nature and character of the area. (d) Nhen a site for a community residential home has been selected by a sponsoring agency, whether the residential home consists of six or fewer residents or more than six residents, the sponsoring agency shall conduct a public hearina before the local government so that the residents who live in and around the proposed site may be informei as to who the residents of the community residential home will be and what types of programs will be conducted in the neiahborhood. The local government may deny any permit for the siting of the community residential home. 3 CODING: Deletions are Atrieken; additions are underlined. 5i ©4- 42 Florida House of Representatives - 1994 HB 33 509-105A-7-3 1 Section 2. This act shall take effect July 1, 1994, 2 3 4 HOUSE SUMMARY 5 Provides that community residential homes with six or fewer residents must comply with notification 6 requirements for other community residential homes. Requires a sponsoring agency for a community residential 7 home to hold a public hearing before the local government so the residents who live in and around the proposed site 8 may be informed as to who the residents of the home will bo and what types of programs will be conducted in the 9 home. Authorizes the local government to deny any permit for the home. See bill for details. 10 11 12 13 14 This publication was produced at an average cost of 1.12 cents per single page in compliance with the Rules and for 15 the information of members of the Legislature and the public. 16 17 18 1 19 20 21 22 23 24 25 26 27 28 29 30 31 4 CODING: Deletions are stricken; additions are underlined. 3� 9442 TITLE CABLE TELEVISION; PUBLIC SERVICE TAX LEGISLATIVE Section 166.231(1)(a), FOSS is silent in ISSUE granting municipalities the power to impose a public service tax on cable television service, other than those municipalities that were imposing the tax as of May 4, 1977 could_ continue to tax to the extent necessary to meet all obligations to or for the benefit of holders of bonds or certificates issued prior to May 4, 1977. PROPOSED Amend s. 166.231(1)(a), F.S., to include cable ACTION television service under the public service tax. RESULTS A needed additional revenue source for EXPECTED municipalities will provide approximately $1.4 WHEN PASSED million for the City. RESULTS A needed additional revenue source will not be EXPECTED IF made available to municipalities, assuring NOT PASSED continued strain on municipal budgets. ** SEE SECTION 200.2 FLORIDA LEAGUE OF CITIES ISSUES 37 6 °4- 42 1 2 3 4 5 6 7 8 9 1.0 I1 12 13 14 1.5 16 17 18 19 20 21 22 23 24 25 A bill to be entitled An act relating to Municipal Finance and Taxation Be it enacted by the Legislature of the State of Florida: Section 1. Subsection (1)(a) of Section 166.231, Florida Statutes, is amended to read: 166.231 Municipalities; public service tax. -- (1)(a) A municipality may levy a tax on the purchase of electricity, metered or bottled gas (natural liquefied petroleum gas or manufactured), arA- water tserviees,. and cable television services. The tax shall be levied only upon purchases within the municipality and shall not exceed 10 percent of the payments received by the seller of the taxable item from the purchaser for the purchase of such service. Municipalities imposing a tax on the purchase of cable television service as of May 4, 1977, may continue to levy such tax to the extent necessary to meet all obligations to or for the benefit of holders of bonds or certificates which were issued prior to May 4, 1977. 6a CODING: Words in struck through type are deletions from existing law; words underlined are additions. 9 4 _ 42 TITLE SOLID WASTE SERVICES, OPTIONAL PUBLIC SERVICE TAX LEGISLATIVE/ Solid waste services are not among those FUNDING services currently taxed under s. 166.231, F.S. ISSUE PROPOSED ACTION RESULTS EXPECTED WHEN PASSED RESULTS EXPECTED IF NOT PASSED To include solid waste services among those services taxed under s. 166.231, F.S. Increase in annual revenue to the City approximately $3 million each year annually. Loss of potential revenue source. ** SEE SECTION 200.2 FLORIDA LEAGUE OF CITIES ISSUES 7 3 94- 42 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 A bill to be entitled An act relating to Municipal Finance and Taxation Be it enacted by the Legislature of the State of Florida: Section 1. Subsection (1)(a) of Section 166.231, Florida Statutes, is amended to read: 166.231 Municipalities;.public service tax. -- (1)(a) A municipality may levy a tax on the purchase of electricity, metered or bottled gas (natural liquefied petroleum gas or manufactured), and water servieesi and solid waste services. The tax shall be levied only upon purchases within the municipality and shall not exceed 10 percent of the payments received by the seller of the taxable item from the purchaser for the purchase of such service. Municipalities imposing a tax on the purchase of cable television service as of May 4, 1977, may continue to levy such tax to the extent necessary to meet all obligations to or for the benefit of holders of bcnds or certificates which were issued prior to May 4, 1977. q o 7a CODING: Words in struck through type are deletions from 9 4 - 42 TITLE SANITARY SEWERS OPTIONAL PUBLIC SERVICE TAX LEGISLATIVE/ Sanitary sewer services are not among those FUNDING services currently taxed under s. 166.231, F.S. ISSUE PROPOSED ACTION RESULTS EXPECTED WHEN PASSED RESULTS EXPECTED IF NOT PASSED Amend s. 166.231, F.S., to permit municipa to include sanitary sewer services as a t Public service. Increase the annual revenue to the City approximately $1.5 million. Loss of a needed revenue source. ** SEE SECTION 200.2 FLORIDA LEAGUE OF CITIES s °4— 42 2 3 4 5 6 7 8 9 10 11 1.2 13 .X4 15 1.6 17 18 1.9 20 21 22 23 24 25 A bill to be entitled An act relating to Municipal Finance and Taxation Be it enacted by the Legislature of the State of Florida: Section 1. Subsection (1)(a) of Section 166.231, Florida Statutes, is amended to read: 166.231 Municipalities; public service tax. -- (1)(a) A municipality may levy a tax on the purchase of electricity, metered or bottled gas (natural liquefied petroleum gas or manufactured), and-- water v, and sanitary sewer services. The tax shall be levied only upon purchases within the municipality and shall not exceed 10 percent of the payments received by the seller of the taxable item from the purchaser for the purchase of such service. Municipalities imposing a tax on the purchase of cable television service as of May 4, 1977, may continue to levy such tax to the extent necessary to meet all obligations to or for the benefit of holders of bonds or certificates which were issued prior to May 4, 1977. 8a CODING: Words in struck thr_ougli type are deletions from existing law; words underlined are additions. 94- 42 PUBLIC OFFICERS; GENERAL PROVISIONS Amend s. 111.071, F.S. Noting that the quoted section refers to Chapters 111.07 and 768.28, Florida Statutes, it is confusing that the concluding language of Part 1(a) refers to the agent, employee or officer having been determined to have caused the harm intentionally, rather than the language in both Florida Statutes 111.07 and 768.28, which is that the officer, employee or agent acted outside the course and scope of his employment or was acting in bad faith, with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety or property. In discussing this proposed change with the legislative consultant, it should be suggested that it is very difficult to have a judge authorize a Special Verdict Interrogatory which is written in terms of intentionally versus bad faith, malicious purpose or in a manner exhibiting wanton, willful disregard of human rights, safety or property. It has been my experience that the judges appear not to understand the significance of the difference in language, and while it is obvious that the drafters of the provisions as they currently read are translating intentional conduct into malicious, etc. The ambiguity is problematic and should be corrected. 1/ Law Department 1/ The City must pay for an intentional tort committed in the course and scope of employment, but not a maliciously committed intentional tort. Y3 9 94- 42 A bill to be entitled An act relating to Public Officers; General Provisions 1 2 3 i (Title to be prepared by bill drafting) 4 5 6 Be it enacted by the Legislature of the State of Florida: 7 $ Section 1. Subsection (1)(a) of Section 111.071, F.S., is 9 amended to read: 10 (a) Any final judgement, including damages, cost, and 11 attorney's fees, arising from a complaint for damages or injury 12 suffered as a result of any act or omission of action of any 13 officer, employee, or agent in a civil or civil rights lawsuit 14 described in s. 111.07. If the civil action arises under s. 15 768.28 as a tort claim, the limitations and provisions of s. 16 768.28 governing payment shall apply. If the action is a civil i 17 rights action arising under 42 U.S.C. s. 1983, or similar federal i 18 i statutes, payments for the full amount of the judgment may be 19 made unless the officer, employee, or agent has been determined 20 in the final judgment to have caused the harm as limited by s. 21 768.28(9)(a) intentienally. CODING: Words in struck through type are deletions from existing law; words underlined are additions. 9a 94- 42 Revised 6/28/93 FLORIDA DEPT.OF STATE / DIV. OF HISTORICAL RESOURCES HISTORIC PRESERVATION GRANT/"SPECIAL C EGORy" PROJ. LEGISLATIVE/ Listed in the National Register of Historic Places, FUNDING Old Fire House #2 is currently Vacant, in Disrepair ISSUE and in Threat of being Destroyed Daily. Although funding in the amount of S229,425 has been received from the State for First Phases "Exterior "Restoration Activities, additional funding is needed to complete restoration and preservation of this threatened Historic Landmark; a fine example of early Mediterranean Revival Architecture. PROPOSED Appropriation of $426,400 is reguestAd from the ACTION State to fund the Second Phase for "Interior" Restoration Activities. The project will be considered by the State Historic Pres�yation Advisory Council at their next meeting, for inclusion and ranking in the Department of State's 1994 Budget Request. ( Phase I has $459,425 already allocated; $230,000 from the City and $229,425 from the State. ) RESULTS The City of Miami Fire Department plans to carry EXPECTED forth the full restoration of the building's "Old WHEN PASSED Fire House Interior" as a backdrop for Museum and Fire Prevention Education Program Activities. The Department is a leader in Fire Prevention Education in the Country and this past year made 600 presenta- tions involving approximately 80,000 individuals; school children, teachers, senior citizens, including many handicapped individuals. The appropriation of Phase II funding at this juncture would allow development to progress in a continuum, maximizing cost effectiveness in completing both phases together, and the having the building occupied by December 1994. 10 94- 42 RESULTS The interior of the building will more than likely EXPECTED IF remain untouched and will not be usable. In its' NOT PASSED present condition of having been already vandalized and stripped on the interior of all wiring, plumbing and plumbing fixtures, windows (including window frames), all doors ( apparatus doors included), and fixtures of all types, it will not be habitable. Inherent with the fact that Phase I /"Exterior" Improvements will be in progress in 1993-94, will be the threat that this first -phase investment will be "at risk until, and unless Phase II / "Interior" Improvements are completed, allowing for full security and occupancy of the building. Because the restoration of the Old Fire House is going to be one of the very first "Revitalization Projects" in this portion of the Omni -Venetia Community, there will unfortunately be an unfavor- able and threatening environment for the property for sometime to come (vandalism and arson attempts). This threat will naturally dissipate as more redevelopment and improvements are made in the area as a whole, and of course as the building is completed, secured and fully occupied. iM00ei MIM111 t t 11 94- 42 0 OLD FIRE HOUSE #2 Tom McLean from Fire Rescue Services has indicated in conversation that they submitted a proposal for funding from the 1994 Department of State budget, Special Category. There were 81 applications received for funding. The first cut was at 51, with Miami ranked at 64. The second cut went from 51 to 35, in priority order, at which point all $8.9 million was expended. The chances of Miami realizing any of those funds (1994) is remote according to Tom. Nevertheless, Fire Rescue wanted this proposal in the 1994 legislative/funding book just to be ready in case. i 11a 42 TITLE MUNICIPAL FIRE 'DEPARTMENT'S CAPITAL IMPROVEMENT TRUST FUND LEGISLATIVE/ It is found that there is an overwhelming burden and FUNDING excessive cost to making capital improvements relative to ISSUE the fixed assets of local fire departments, which support the performance of state and municipal functions relative to the extinguishment of fires and the protection of life .and property, the prevention of conflagration and the. continuous instruction of school personnel, public officials and private citizens in the prevention of fires and fire safety, in the protection of both life and property from local disasters and other activities vital to public safety and welfare. It is therefore a proper and legitimate state purpose to provide a uniform Municipal Fire Department's Capital PROPOSED Improvement Trust Fund for the benefit of local fire ACTION departments funded by payment to the fund of an excise or license tax, in addition to any lawful license or excise tax now levied by a municipality, respectively, amounting to one percent of the gross amount of receipts of premiums from policyholders on all premiums collected on property insurance policies covering property within the corporate limits of municipalities. RESULTS The passage and establishment of this trust, will greatly EXPECTED augment and provide a more constant financial base in WHEN PASSED addressment of the burden of funding capital expenditures relative to the acquisition, improvement or additions to the fixed assets and infrastructure of a municipal fire department in the form of land, buildings, apparatus, and equipment. RESULTS Without a mechanism to provide a more constant flow o: EXPECTED IF financial support to the facilities, apparatus, an( NOT PASSED equipment of the local fire department, the infrastructur, in support and delivery of state and municipal functions o fire service will continue to operate under inconsistent uncertain and perilous constraints and threat o deterioration. � � Annual Payment collected by the State from every insuranc FU',DINI ' company, rnrpnrat ion or other insurer, on the behalf of municipality, duly appropriated to the municipality from th Municipal Fire Department's Capital Improvement Trust Fund. [APPROVED (1% of gross receipts of insurance �J Department Director premiums on property within the corporate limits of a municipality) 94- 42 CITY OF MIAMI FUNDING/LEGISLATIVE ISSUES SUPPORTED BY CITY 1994 °4- 42 �-(q Appendix A ** SEE SECTION 200.1 FLORIDA LEAGUE OF CITIES ISSUES TITLE LEGISLATIVE/ FUNDING ISSUE PROPOSED ACTION RESULTS EXPECTED WHEN PASSED RESULTS EXPECTED IF NOT PASSED FUEL ADJUSTMENT CHARGE, EXEMPTION FROM PUBLIC SERVICE TAX State Statute 166.231(1)(6), exempts the fuel adiustment charge from the municipal public service tax on electricity. Repeal s. 166.231(1)(6) F.S. An increase of approximately $2 million in the annual revenue to the City. The City will be denied the use of this much needed revenue. 94- 42 sr 0 Appendix C FLORIDA LEAGUE OF CITIES 1994 LEGISLATIVE POLICY STATEMENT 94- 42 s3 MUNICIPAL FINANCE & TAXATION Priority The Florida League of Cities will support legislation granting cities increased revenue flexibility to meet the needs determined by responsible growth management and to fund other local services and obligations required by its citizens. Flexible Financing 200 Florida shares fewer dollars with its cities than any of the 10 largest states. Every tax source available to a municipality in Florida is either capped or frozen by the state Constitution or the Legislature. New legislation from the state must be granted to cities to provide additional revenue flexibility. This is.necessary to meet the needs determined by responsible growth management and to fund other local obligations. Cities must have some flexibility in the types of taxes they are able to levy and the amount of money generated from those taxes. The Florida League of Cities will: 200.1 Support the repeal of Section 166.231 (1)(b) of the Florida Statutes which exempts the "fuel adjustment charge" from the Public Service Tax. 200.2 Support legislation to expand the tax base of the Public Service Tax to include cable television services, wastewater services and solid waste services. 200.3 Support reform of the State Municipal Revenue Sharing Program to increase the bondable "guaranteed entitlement" and replace the cigarette tax with a revenue that will keep pace with inflation. 200.4 Support legislation that specifically requires all entities, both public. and private, to be liable for the payment of utility fees and assessments (stormwater, transportation, etc.) enacted by authorized local governments. 200.5 Support a constitutional amendment granting cities fiscal home rule whereby the citizens of each city in the state would be allowed to decide their city's tax structure through a vote of the people. 200.6 Support legislation that allows a municipality to receive revenues via "partial year assessments" on new construction upon issuance of certificate of occupancy/completion. 1 94- 42 200.7 Support legislation that authorizes counties with populations greater than 50,000 to impose and expend the Local Government Infrastructure Surtax in the same manner as counties with populations of 50,000 and less under the Small Counties Surtax. 200.8 Support legislation that would allow cities to levy non - ad valorem assessments to fund specific municipal services. 200.9 Support legislation requiring rental car companies to collect unpaid parking fines and related citations from the rentee and remit such monies to the appropriate jurisdiction. 200.10 Oppose.legislation that would reduce municipal revenues received from violations of city ordinances and the Uniform Traffic Control Law. Tax Equity 201 Tax equity between the various levels of government is an essential factor for establishing clear delineations of responsibility between each government and its citizens. The Florida League of Cities will: 201.1 Oppose any attempt by the legislature to limit the effect or impact of the constitutional amendment on state mandates passed in 1990 by the voters of Florida. 201.2 Support legislation to correct the inequities caused by the "double taxation" of municipal citizens through the required use of specific funding mechanisms which produce revenues proportionate to the benefits received within the unincorporated areas. 201.3 Support legislation that provides an ad valorem tax exemption, presently granted to state and county governments, for municipal public facilities leased or used by private parties for uses consistent with the public purposes of such facilities or incidental thereto. 201.4 Support legislation to develop a constitutional amendment that reduces the inequities caused by the existing homestead exemption and provides that all property owners contribute a minimal amount in property taxes. 201.5 Support legislation granting cities the ability to contest property assessment devaluations within their jurisdiction. 201.6 Support paying the sales materials. legislation that exempts municipalities from tax on contracted public works construction s(40 Z 34- 42 201.7 Support legislation that requires counties to allocate reasonable amounts of countywide transportation revenues toward county -maintained roads located within municipalities to ensure that concurrency requirements are reasonably addressed. 201.8 Support legislation requiring that the cost of state service fees on municipal trust funds not exceed the actual cost of collection and administration of those funds. 201.9 Support legislation that requires state agencies to perform cost/benefit analyses before they mandate that municipalities perform services or fund programs, and require that cost/benefit analyses be routinely performed after rules are adopted to periodically measure the necessity of maintaining the state agency mandates. 201.10 Support review of the Truth in Millage (TRIM) process in order to simplify it and make it less confusing. Support modification to the advertising requirement to include the current and proposed millage rates and the percentage change between the two rates. 201.11 Support legislation to eliminate the exemption of school buildings from impact fees for infrastructure. Transportation 202 The state has a responsibility to provide fundable state transportation solutions which complement local government efforts and integrate local and regional growth management plans. The Florida League of Cities will: 202.1 oppose legislation that require cities to assume transportation responsibilities without adequate recurring revenue sources. 202.2 Support legislation providing for shared funding of traffic signalization and signage by participating governmental jurisdictions. 202.3 Support legislation creating a statewide transportation surcharge on the rental of motor vehicles to be specifically earmarked as an additional transportation revenue source for distribution through the Municipal Revenue Sharing Trust Fund. 202.4 Support legislation clarifying the authority of cities to levy transportation improvement and maintenance fees on a per equivalent parcel utility basis. 202.5 Support legislation to provide that the cost of relocation of publicly owned utilities shall be paid by the appropriate constructing agency.. S -"7 °4- 42 3 202.6 Support legislation providing for increased state funding of Metropolitan Planning Organizations including: user fees to support MPO areawide planning, state rights -of -way leasing as an MPO funding source, and elimination of the cash match for transportation disadvantaged grants. 202.7 Support legislation that requires the state to reimburse cities for the cost of constructing authorized DOT projects, and requires such reimbursements occur at the time the projects were scheduled under the state workplan. 202.8 Support increased authority for local option gas taxes so that local governments can further address current and future municipal transportation needs. 202.9 Support legislation that grants cities the authority to implement the local option gas .tax in the event their county chooses not to exercise all or part of their legal option. 202.10 Support legislation granting cities a fairer distribution of local option gas taxes. Environmental Funding 203 For many years the state has been mandating new and more stringent environmental requirements on municipalities in order to meet statewide objectives. The state should either appropriate funds or provide municipalities with a source of funding to pay for those objectives. The Florida League of Cities will: 203.1 Support permanent recurring funding sources to assist in the financing of environmentally related programs including advanced wastewater treatment, hazardous waste disposal and endangered species protection. 203.2 Support legislation that would provide increased state research funding to improve local waste disposal, recycling technology and to expand/create markets for recyclables. 203.3 Support the implementation of statewide revenues to fund beach management and re -nourishment programs. T �%A 4 94- 42 Urban Administration Priority The Florida League of Cities will oppose legislation requiring local governments to obtain Public Service Commission (PSC) approval of rates for water, sewer, electric, natural gas or any other municipally operated utility; and will also oppose legislation authorizing the PSC to unilaterally establish service territories for water, sewer, electric, natural gas or any other municipally operated utility. Annexation 300 Substantial population growth and urban sprawl have occurred in recent years in areas adjacent to municipalities. This has often created undesirable situations: substandard commercial, residential and utility development; contamination of soil, water and air; and, in general, inadequate regulations and facilities to protect and serve citizens in high -density areas. The League recognizes that reasonable annexation laws can address these problems in a positive fashion. Expeditious annexation procedures, urban service areas and the elimination of enclaves are a few of the tools that would effectively control urban sprawl and the undesirable impact that haphazard growth has had on Florida's resources. The Florida League of Cities will: 300.1 Support legislation that provides reasonable procedures to allow cities to eliminate enclaves and to expeditiously annex highly developed areas adjacent to their boundaries. 300.2 Support legislation authorizing cities to optionally waive "in -city elections" for annexations by referendum. 300.3 Support legislation that utilizes urban service areas to effectively manage orderly growth. 300.4 Support legislation which ensures that municipalities are authorized to tie annexation to the provision of municipal utility services. 300.5 Support legislation requiring counties to observe municipal land use plans when granting development approvals for property located within unincorporated enclaves. 300.6 Support legislation which allows municipalities to have extraterritorial planning authority in areas which may reasonably be expected to annex into the municipality in the foreseeable future. Eq 5 94- 42 300.7 Support legislation permitting municipalities to amend their comprehensive plans and rezone property simultaneously with the voluntary annexation of the property. Home Rule 301 The Florida League of Cities believes that the essence of the concept of home rule is simple: the citizens of a community have the constitutional right to manage their own affairs at the grass -roots level, with minimum interference from other governmental agencies. Home rule assumes that local problems should be settled by locally elected officials, that the state should concentrate on the pressing affairs of state, and that the unwarranted intrusion by state officials into the affairs of local government should be curtailed. Municipalities provide key governmental services affecting the daily lives of their citizens, and home rule leaves each community free to exercise its responsibilities in a manner best suited to the needs of its citizens. Local control permits prompt action in dealing with municipal problems as they arise. The Florida League of Cities will: 301.1 Oppose legislation that intrudes on the ability of municipalities to manage local affairs in accordance with the wishes of their citizens. 301.2 Support legislation that requires all governmental entities to comply with locally adopted codes. 301.3 Oppose any legislation mandating the statewide certification of municipal employees. 301.4 Support the repeal of statutes and oppose legislation that provides exemptions from local comprehensive plans or that preempts local zoning and land use powers. 301.5 Support legislation that re-establishes local governments home rule authority over the procurement of professional services. 301.6 support legislation that exempts municipal recreational facilities, activities and programs from state child care licensing requirements. 301.7 Support legislation that ensures that all costs incurred by local governments in administering state laws which govern lost or abandoned property can be offset by the proceeds derived from the sale of such property or that authorizes local governments to retain the proceeds derived from the sale of such property. 6a 6 °4- 42 301.8 Oppose legislation that limits municipal franchise fees or otherwise restricts a municipality's authority to franchise utilities and other service providers operating within its boundaries. 301.9 Support the repeal of statutes and oppose legislation that intrudes on the home rule authority of municipalities to manage and fund enterprise activities and services provided by municipalities. 301.10 Support the repeal of statutes and oppose legislation that restricts the use of proceeds derived from the sale of government owned properties. 301.11 oppose legislation which requires the adoption and enforcement of underground utility line standards. 301.12 Support legislation affirming municipal notice procedures, past and current, if such procedures comply with the intent of notice laws. 301.13 Support legislation placing a statute of limitations on allegations of procedural defects and permitting "de minimis" (slight) procedural variations in ordinance adoption. 301.14 Support legislation establishing a simplified or uniform notice procedure for local government actions. 301.15 Support legislation which permits the recovery of expenses incurred in collecting, organizing, storing and retrieving information available under the Public Records Law. 301.16 Support legislation which clearly identifies and clarifies public records exempt from disclosure under the Public Records Law. 301.17 Support legislation that provides the maximum authority to municipalities for fashioning remedies, based upon- local circumstances, to address historic discriminatory practices. 301.18 Support legislation prohibiting both "redlining" and non - renewal of property insurance policies affected by sinkhole/subsidence activity and ensuring that the public is not subject to unfair and/or discriminatory insurance practices due to sinkhole/subsidence activity, hurricanes, floods, earthquakes, or other acts of God or man. 301.19 Oppose legislation requiring local governments to obtain Public Service Commission approval of rates for water, sewer, electric, natural gas or any other municipally operated utility; oppose legislation authorizing the Public Service Commission to unilaterally establish service territories for water, sewer, electric, natural gas or any other municipally operated utility. 6I 7 °4- 42 301.20 Oppose legislation restricting, directly or indirectly, the ability of local governments to regulate the use of private property. 301.21 Support legislation giving municipalities a strong position regarding placement of transportation facilities directly affecting the municipality. 301.22 Support legislation authorizing municipalities to establish speed limits based on local circumstances. 301.23 Support legislation removing judicially imposed restrictions on communications between elected and appointed officials and their constituents. Tort Liability 302 The Florida League of Cities recognizes that, in the areas of tort liability, certain governmental conduct must• remain immune from scrutiny by judge or jury because to do so otherwise would significantly impair government's ability to govern. The threat of tort liability can have a substantial impact on local government's ability to provide for the general health, safety and welfare of its citizens. Also, expenditures of public funds to satisfy tort judgments are a taxpayers' expense. Governments provide certain unique services to the general public, and these services require that traditional standards and notions of tort liability should not necessarily apply to local governments. The Florida League of Cities will: 302.1 Support legislation that limits the exposure of local governments to tort liability. 302.2 Support legislation abolishing the doctrine of joint and several liability. 302.3 Support legislation which to specifically include the actions medical, and fire and public safet care and treatment. Code Enforcement y modifies the Good Samaritan Act of law enforcement, emergency personnel providing emergency 303 The code enforcement process represents an effective, inexpensive and expeditious response process to alleged code violations. This process provides local governments with an alternative method of code enforcement without having to rely on an already overly burdened state court system. Code enforcement proceedings provide for fair and impartial hearings on code violation complaints. The code enforcement process should provide sufficient flexibility and authority to ,w local governments in their enforcement activities and actions. {G/ 8 94- 42 The Florida League of Cities will: 303.1 Support legislation that provides flexibility to local governments in the enforcement of codes and ordinances and that adds certainty to and streamlines local code enforcement processes. 303.2 Support legislation which establishes that code enforcement liens are equal in dignity to local tax liens. 303.3 Support legislation granting municipalities the power of subpoena along with the authority to delegate the power to locally established boards. 303.4 Support legislation providing additional circumstances that constitute a nuisance and providing additional action that may be taken by nuisance abatement boards. 303.5 Support legislation specifying that violations of municipal ordinances may be punished by a fine, a term of incarceration or other appropriate punishment. Municipal Buildinc[_Derartments 304 Cities are not part of the building construction industry; rather, they are instruments of the citizens' police and regulatory powers. While the state requires that each local government adopt and enforce a building code, municipal governments should nonetheless continue to have the flexibility to decide which code to adopt and the home rule authority to determine the mechanisms used to enforce the code. Decisions relating to the administration and operation of municipal building departments properly belong to the citizens through their city charter provisions and their elected officials. The Florida League of Cities will: 304.1 Oppose any legislation ability of municipal governments their building departments. that removes or restricts the to manage, operate and finance 304.2 Support the repeal of statutes restricting the amount and use of building permit fees. 304.3 Oppose legislation that would require a statewide uniform building code, that would authorize statewide binding interpretations of building codes, or that would prohibit or otherwise restrict local amendments to building codes. 304.4 oppose legislation that restricts a municipality's authority to register building contractors doing business within the municipality. 9 94- 42 304.5 Support legislation that permits the state to adopt specific editions of building codes and amendments by administrative rule in accordance with the requirements of Chapter 120, Florida Statutes. 304.6 Support legislation to allow local governments the option to establish a cooperative code administration program which could privatize building department functions. Fire Safety and Emergency Services 305 Since the possibility of destruction of life and property by fire is a matter of concern wherever people live, fire is one of the foremost threats facing local governments. At one time or another, it has caused great devastation throughout Florida. 'The Florida League of Cities recognizes that local government has been, and will. continue to be, the primary force in combating this danger. The Florida League of Cities will: 305.1 Support legislation which ensures that the adoption and enforcement of fire safety standards are maintained at the local level. 305.2 Support legislation that will promote safety, education and regulation of fireworks in our state. 305.3 Oppose legislation that places a greater financial burden on local government to fund the operation of the State Fire College. •305.4 Support legislation that would prohibit any new Uniform Fire Safety Standards and redirect existing language to apply to new and existing occupancies appropriately. 305.5 Support legislation that will prohibit counties from denying municipalities a certificate of public convenience and necessity to those wishing to provide emergency medical services and require counties to provide appropriate funding from the Emergency Transportation Services Trust Fund where the municipality provides emergency medical services. 305.6 Support legislation which removes the maxi -cap from certain Uniform Fire Safety Standards to permit home rule authority to apply more stringently where applicable. 305.7 Support legislation to establish an emergency/disaster response plan that would coordinate fire and emergency medical services within the state emergency response plan. 305.8 Support legislation which provides for cost effective, qualified installation of fire protection systems. �V 1.0 94- 42 Eminent Domain 306 Local governments often find it necessary to use their power of eminent domain to acquire land for such public purposes as roads, public buildings and facilities, downtown redevelopment, and the preservation of natural resources. However, local government's exercise of this power is often frustrated by the prohibitive costs associated with eminent domain actions. The Florida League of Cities will: 306.1 Support legislation that minimizes costs associated with condemnations. 306.2 Support legislation that places reasonable restrictions on the award of attorneys' fees and.court costs. 306.3 Oppose legislation that would expand the concept of "business damages." Institute of Government 307 The Florida League of Cities recognizes that continuing local government education for local officials will enable them to improve their knowledge and skills and to better serve the citizens of their community. The League will support continued and increased funding for the Institute of Government's training and research programs. Community and Economic Development 308 Substantial outgrowth of commercial recent years from urban downtown has, in some instances, created - central city areas contributing to the tax base. The Florida League of Cities will: activities has occurred in areas. This urban sprawl undesirable situations in the subsequent decline in 308.1 Support technical and financial assistance to municipalities in utilizing enterprise zones and in redeveloping and revitalizing downtowns and existing urban areas. 308.2 Support legislation that provides incentives to voluntarily enhance the quality of life of Florida citizens through fair, safe, sanitary and decent housing, provided such enhancements are consistent with local building, land use and zoning requirements. 11 94- 42 308.3 Support legislation which would not adversely affect the ability of local governments, acting through community redevelopment agencies, to effectively carry out redevelopment and community revitalization. 308.4 Oppose legislation to excuse "taxing authorities' from their current obligation to make annual tax increment revenue payments into the redevelopment trust fund, in whole or in part. 12 94- 42 Intergovernmental Relations Priority The Florida League of Cities will support legislation which addresses the proliferation of state agency rules, and oppose legislation which would place municipalities under the Administrative Procedures Act. Multi -Jurisdictional Relationships 400 The Florida League of Cities recognizes that there is a need for state and regional responses to meet the needs of citizens that transcend local boundaries. Within these intergovernmental programs, it is important that each level of government respect the goals and objectives of each entity, and use each one's unique resources to understand and respond to concerns. The Florida League of Cities will: 400.1 Oppose legislation which would permit special districts to operate or be created by general law without the approval of the municipality within which the district exists. 400.2 Support legislation providing for required and proportionate representation of locally elected officials on all new and existing regional and local districts, councils, agencies or state -designated committees which have an impact on municipalities to ensure a balanced representation of local governments and prevent taxation without representation. 400.3 Support legislation to guarantee direct municipal government participation in the determination of funding formulas and methods of distribution of federal and state funds administered by counties and the state for cities and municipal programs. 400.4 Oppose legislation or rules that authorize the governor and the Cabinet and state agencies to apply punitive sanctions against city or county governments submitting untimely or non -compliant local comprehensive plans, plan amendments, and evaluation and appraisal reports without considering the individual merits of each case. 400.5 Support legislation that provides expansion of drug -free zones around municipal parks and recreation areas and around public housing facilities within municipal boundaries to encourage Florida's youth to live drug -free lives. Current Florida statute distances for these boundaries are inadequate. 400.6 Support legislation which ensures that the High Speed Rail Program must comply with'the comprehensive planning and financing process of local government. 13 94- 42 400.7 Support legislation that ensures state -administrated policies are reduced to writing and made available to the public in a readily understandable manner. Interoovernmental Programs 401 Cities are an important part of the Community Development Block Grant (CDBG) program. Designed as community development assistance for low- and moderate -income persons, municipal governments receive federal funds, often through state and county administration, with which to finance these programs. The lack of affordable housing, the increase in homelessness, and concerns for elderly and disadvantaged citizens are key issues in the development of these programs. The Florida League of Cities will: 401.1 Support legislation which directs CDBG funds to both entitlement and non -entitlement cities for the purpose of financing vital community development programs. 401.2 Support legislation that will build a more effective housing partnership between the private sector, including nonprofits, and government, at the federal, state and local levels, to provide more affordable housing. 401.3 Support legislation which will provide expansion of funding and technical assistance to provide emergency shelters, transitional housing and supportive services for the homeless. 401.4 Support legislation which provides municipal and county governments the local authority to adopt regulatory reform measures to achieve affordable housing and other community development programs. 401.5 Urge the appropriate state and federal agencies to make their full resources available to ensure adequate funding, efficiency and effectiveness of all community service programs. Unfunded Mandates 402 In 1990, the people of Florida approved Amendment #3, which revised the state constitution to limit the ability of the Legislature to pass unfunded mandates on to county and city governments. Implementation legislation for this amendment is reserved to the Legislature and has not yet occurred. For cities, the most important considerations in implementing Amendment #3 are: defining fiscal impact of proposed legislation; establishing venues for the legal challenge of an unfunded state mandate; and providing a streamlined reporting process for local governments choosing not to comply with an unfunded mandate. These issues continue to be a priority for Florida's cities. 14 94- 42 0 The Florida League of Cities will: 402.1 Oppose any attempt by the Legislature to limit the effect or impact of the constitutional amendment on state mandates passed in 1990 by the voters of Florida. 402.2 Support legislation that requires state agencies, prior to rule implementation and adoption, to provide a detailed economic impact statement to those local government entities affected by a particular mandate, outlining and evaluating all associated costs. 402.3 Support rule implementation which provides local governments with reasonable reporting requirements. Municipal Library Funding 403 The Florida League of Cities recognizes the contribution made by municipal libraries to the quality of life of Florida's citizenry. The Florida League of Cities will: 403.1 Support legislation that would provide state funding to all public libraries, including municipal libraries. 15 94- 42 0 � Environmental Quality Priority The Florida League of Cities will support reform of existing annexation laws to reflect the state's growth management laws for curtailing urban sprawl in order to properly manage growth and development and promote cost-efficient urban service delivery. Annexation and Urban Sprawl 500 Substantial population growth and urban sprawl have occurred in recent years in areas adjacent to municipalities. This has often created undesirable effects: sub -standard commercial, residential and industrial development; contamination of soil, water and air; and inadequate regulations and facilities to protect and serve citizens in high -density areas. The League recognizes that reasonable annexation laws would address these problems in a positive manner. Expeditious annexation procedures, urban service areas and the elimination of all enclaves are but a few tools that would effectively control urban sprawl and the undesirable impacts of haphazard growth on Florida's resources. The Florida League of Cities will: 500.1 Support legislation which permits municipalities to annex by ordinance areas that meet legislatively adopted criteria. 500.2 Support legislation which adequately funds growth management implementation. 500.3 Support legislation which clarifies that the actions of state and regional agencies and districts must adhere to local comprehensive plans. 500.4 Support legislation which requires the orderly expansion of urban development and discourages urban sprawl. 500.5 Support legislation which would allow municipalities to have extra -territorial planning authority in unincorporated areas which meet legislatively adopted criteria. 500.6 Support legislation which allows municipalities to simultaneously process comprehensive plan amendments and annexations. 500.7 Support legislation which clarifies that municipalities may enter into pre -annexation development agreements with landowners seeking to annex into a municipality. 500.8 Support legislation which limits state land planning 16 94- 42 agency review of local comprehensive plan amendments and subsequent objections to only those areas of explicit jurisdiction granted that agency. 500.9 Support legislation which limits additional opportunities, above and beyond the remedies already existing, for citizens to challenge either the approval or denial of local development orders and rezoning for consistency with local comprehensive plans. 500.10 Support legislation for the continued state funding of the Growth Management Implementation Conflict Resolution Consortium. 500.11 Oppose legislation which may restrict or limit a municipality's ability to assess impact fees. 500.12 Oppose any legislation which would transfer or preempt a municipality's land use regulatory authority. Department of Environmental Protection Permits 501 Protection of our environment is a major concern of all citizens of the state. The various environmental permitting processes of the state are important to the preservation of our natural resources. However, recent and projected funding cutbacks at the state and federal levels necessitate that the state permitting process be streamlined, non -duplicative, efficient and cost-effective. The Florida League of Cities will: 501.1 Support legislation which provides adequate funding to allow municipalities to meet state and regional permitting requirements. 501.2 Support legislation which allows for continued discharge from a permitted facility which is operating in accordance with permit conditions, absent a clear demonstration that said facility is causing or contributing to degradation of water quality. 501.3 Support legislation which allows the delegation of state and regional permitting programs to municipalities. 501.4 Support legislation which ensures that municipalities retain the right to adopt and enforce more stringent environmental standards. 501.5 Support legislation which promotes reasonable fees set at a direct cost recovery level for meeting state and regional permitting requirements. 17 °4- 42 71 Solid Waste Disposal and Collection 502 One of the major environmental concerns facing our state is the proper collection and disposal of solid waste. The collection and disposal of solid waste has become a local government problem approaching crisis proportions. Landfilling cannot continue to be the, primary method of solid waste disposal due to the state's highly permeable soil and water tables. Developing and implementing alternatives to the use of landfills are costly. Feasible solid waste recovery, recycling, reuse and disposal systems should be encouraged and supported by state incentives. The Florida League of Cities will: 502.1 Support substantial state incentives and grants for local recycling and resource recovery programs and the implementation of other feasible alternatives to the continued use of landfills. 502.2 Support legislation that encourages environmentally responsible packaging of consumer products. 502.3 Support legislation which requires that the "advance disposal fee" be used exclusively to augment local recycling efforts, including consumer education, and for the development of adequate markets for the use of recycled materials. 502.4 Support legislation which clearly authorizes municipal and county government agencies to determine the appropriate method .of collection and disposal of solid waste and recycled materials generated within their boundaries, and/or transported in for disposal from outside the municipalities or local government agencies. 502.5 Support legislation which requires the Department of Environmental Protection to issue permits for solid waste management facilities based on best management practices and allow for continued use of the facility, absent a clear demonstration by the state that the facility is causing environmental harm. 502.6 Support legislation developing a state policy which enables fair and equitable rates for the purchase of electricity generated by city -owned or county -owned waste -to -energy facilities. 502.7 Support legislation which places a refundable deposit on beverage containers without exemptions to, in turn, provide an incentive for their collection and reuse, provided that the program will accomplish recycling goals with significantly less government funding and bureaucracy than any other available means. 502.8 Support legislation which allows the expansion or upgrade of existing waste -to -energy facilities. 72,.-, 18 94- 42 502.9 Support legislation which provides for less expensive and environmentally sound disposal options for street sweeping debris. Stormwater 503 There has been recent recognition that stormwater runoff contributes to surface water and/or groundwater pollution. Such pollution is caused by both urban and agricultural uses. The Florida League of Cities will: 503.1 Support legislation which adequately funds major revisions to existing stormwater systems when there is clear demonstration by the regulating entity that such facilities are causing significant degradation to water quality. 503.2 Support legislation which requires the agricultural industry to mitigate the harmful effects of agricultural runoff. 503.3 Support legislation which provides for area -wide enforcement of stormwater regulations, provided the enforcement provisions have an equitable, cost -sharing impact on urban areas. 503.4 Support legislation that adequately funds major revisions to existing stormwater systems in meeting current state permitting requirements. Coastal Zone Management 504 Florida's coastal resources are considered to be among its greatest assets. Under proper stewardship, these resources should be protected and enhanced so that they may continue to be enjoyed for generations to come. The Florida League of Cities will: 504.1 Support legislation providing for the goal of at least a 10 percent annual increase in publicly owned coastal land, emphasizing hazard management, beach access and shoreline recreation, with continued support of Preservation 2000, Florida Communities Trust, Save Our Coast, CARL, and other state and federal funding programs. 504.2 Support legislation which provides for a statewide dedicated funding source and a statewide planning program for projects designed to enhance beach areas, such as beach renourishment and vegetation projects, erosion control, dune enhancement and relocation of seaside development, and marine habitat restoration. 504.3 Support legislation which adequately funds beach restoration where public access exists, unless a city demonstrates 19 94- 42 that providing full beach access causes the city undue financial hardship. 504.4 Support legislation which requires the state to review comments from local government officials prior to final decisions regarding permits or leases pertaining to dumping and discharge. 504.5 Support legislation which restricts the state from selling or leasing publicly owned land unless agreed to by impacted municipalities. Water Ouality Management and Planning 505 The quality and quantity of potable water are crucial. Areas cannot be developed unless they have access to an adequate water supply. The League believes that considerably more research is needed in this area to determine the impact of fresh water access by the various parties. The Florida League of Cities will: 505.1 Support legislation to develop a state water resources management policy, to be implemented within the existing comprehensive planning process, which deals responsibly and equitably with issues of local government administration. 505.2 Support legislation which reserves existing water supplies for future municipal populations when other appropriate regional and local entities have properly reviewed, inventoried and planned for this supply with the municipality. 505.3 Support legislation which encourages water conservation and provides for.fair water quality standards based upon empirical data. 505.4 Support legislation which provides an immediate source of state emergency funds to alleviate new discoveries of potential contaminants in public water supplies. Wastewater Treatment and Reuse 506 Once municipal water has been used, it is, in most instances, properly treated and recycled back into the environment. However, the technology and process of wastewater treatment and reuse is being constantly improved and upgraded. Furthermore, the improper siting of package plants and septic tanks often does not accomplish the level of treatment needed to protect the ecosystem of the state. The Florida League of Cities will: 506.1 Support legislation which prohibits the use of septic 20 94- 42 tanks in high density urban areas and allows their use in rural areas only when soil conditions, topography and water tables are suitable. 506.2 Support legislation which severely limits the installation of new package plants and increases regulation of existing package plants, including strong measures to prevent improper operations and/or abandonment. 506.3 Support legislation which provides state support and funding of technology and innovative programs to reclaim wastewater and promote water reuse. 506.4 Support legislation which encourages cost-efficient water reuse when there is a clear demonstration by the state that water reuse is financially feasible. Wetlands 507 The state Is wetlands are essential to the state Is natural ecosystem. These wetlands provide water filtration and storage and serve as a natural habitat to fish and wildlife. Development in wetland areas should be prevented. The Florida League of Cities will: 507.1 Support legislation which would provide for a uniform definition of wetlands and the methodology for delineating wetlands provided that municipalities retain the right to impose and enforce stricter wetlands regulations. 507.2 Support legislation which facilitates and encourages the use of stormwater and/or treated wastewater, when appropriate, for swamp and wetland restoration and rehydration projects. Hazardous and Toxic Waste 508 The proper •identification, storage, disposal, treatment and transportation of hazardous waste, infectious materials and other toxic materials are essential for the protection of the public health, safety and welfare. Furthermore, the proliferation of small, scattered disposal sites only exacerbates potential problems associated with hazardous and toxic waste management. The Florida League of Cities will: 508.1 Support legislation to require the state to more precisely define chemical, biological and nuclear hazardous and toxic waste. 508.2 Support legislation which defines infectious wastes and establishes procedures which track the generation, transport and 7 21 °4-- 42 disposal of such waste. 508.3 Support legislation which provides a continued revenue source for hazardous waste management, such as a tax on the producers and users of hazardous waste, which may be used for reimbursement to local governments for expenses incurred in abating potential dangers attributable to hazardous waste. 508.4 Support legislation which allows imposition of civil penalties that meet or exceed the cost of legal disposal of against illegal dumpers of hazardous and toxic materials. 7G 22 94- 42 i Ethics and Personnel Priority The Florida League of Cities will support a constitutional amendment which requires that any Sunshine and Public Records Laws, now or in the future, shall apply equally to the Florida Legislature, state agencies and local governments. The Florida League of Cities will support legislation removing judicially imposed restrictions on communications between elected and appointed officials and their constituents. Personnel Expenditures 600 Municipalities are major employers in Florida, with more than 100,000 employees. Personnel"related expenses account for between 60 and 80 percent of municipal budget expenditures. Municipal officials are held directly accountable to their citizens for these fiscal and administrative personnel decisions and should therefore have final control over the cost of providing pay and benefits for their employees. The Florida League of Cities will: 600.1 Oppose, any legislation that requires mandatory certification, pay or fringe benefits for local public employees, unless fully funded by the state. Additionally, any mandates in this area should be extended to state employees. 600.2 Oppose legislation which passes on the administrative or operational cost of state agencies' functions to cities, for •pension or other state overview functions. Local Public Officials 601 The Florida League of Cities recognizes that thousands of Florida citizens are now serving in municipal offices and most serve in this public capacity with little remuneration and great personal expenditure of time, effort and talent. We are of the firm belief that individuals in public office should not be subjected to undue or unreasonable restrictions in order to serve their fellow citizens. The Florida League of Cities will: 601.1 Support legislation removing judicially imposed restrictions on communications between elected and appointed officials and their constituents. 601.2 Support legislation which would remove municipal employee personal records from coverage under the Public Records Law, similar to those exempted for law enforcement personnel. 23 94- 42 .N 601.3 Support legislation which would exclude city -owned utility customer applications and payment records from coverage under the Public Records Law. 601.4 Support legislation which excludes locally appointed boards, other than those which are quasi-judicial, from financial disclosure requirements. 601.5 Oppose any expansion of financial disclosure requirements for elected officials of municipal government. 601.6 Support legislation which would repeal the .5 percent election assessment currently paid by municipal and other candidates to fund campaign financing of candidates for governor and Cabinet offices, and which would also repeal state General Fund financing of the same representatives in Florida. 601.7 The Florida League of Cities supports legislation.which clarifies statutory authority to nullify recall petitions which are based upon frivolous charges. Employer/Employee Relations 602 Alternatives to collective bargaining, such as strikes, binding arbitration, and using the "end run" to obtain pay and/or benefits, are unacceptable to locally elected officials. The Florida League of Cities will: 602.1 Support existing constitutional provisions which prohibit public employee strikes because they seriously and dangerously disrupt, delay or prevent the delivery of municipal services to citizens. 602.2 Oppose any efforts to establish binding arbitration as --a resolution to impasse under the collective bargaining law. The injection of a third party into the process of setting community priorities and levying taxes is contrary to a representative form of government. 602.3 Support legislation which requires that the determination of an employee as "managerial" be based on job duties. We also support legislation which recognizes the potential conflict of interest between a "confidential" employee and a collective bargaining agent. 602.4 Support legislation to allow cities and local elected officials to withdraw from the Florida Retirement System. 602.5 Support legislative repeal of the automatic presumption that firefighter disabilities claimed from hypertension and heart disease are accidental and suffered in the line of duty, and oppose any expansion to include other employee groups or diseases. 7� 24 94- 42 602.6 Support legislation which allows a public employer to petition the Public Employees Relations Commission for an election when the union lacks continued majority status. 7 25 °4-- 42 criminal Justice(K--w) Priority The Florida League of Cities will support legislation which commits state resources to adequately fund the construction of additional local jail and state correctional facilities. These resources are needed to incarcerate persons who commit crimes. crime and Judicial Administration 700 The Florida League of Cities recognizes the degree of crime in a community has a direct impact on the quality of life of its citizens and a community's well-being is dependent in part on the efficient and effective administration of judicial affairs. The League believes the paramount criminal justice problems presently crippling Florida's communities are jail/prison overcrowding and increased drug -related activities. The League further recognizes that an adequate state criminal justice program balances retribution with rehabilitation, restitution and education, and that this balance is essential to an orderly and functional society. The League therefore believes the state should commit its resources toward adequately funding the construction of additional local jail and state correctional facilities; toward increased criminal penalties for those who distribute, manufacture and sell drugs; and toward adequate drug prevention, education, rehabilitation, treatment and testing programs. The Florida League of Cities will: 700.1 Support legislative programs designed to provide a more expedited judicial process. 700.2 Oppose legislation that eliminates the discretion of the judiciary to incarcerate persons convicted of criminal offenses unless such persons can be sentenced to residential rehabilitative facilities where their rehabilitation can be adequately monitored and supervised. 700.3 Support legislation that places greater penalties on those who distribute, manufacture and sell drugs, especially in the presence of minors, and also on those who utilize minors to proliferate drug -related activities. 700.4 Support legislative programs designed to educate the public about drugs and to otherwise prevent drug use, particularly among minors. 700.5 Support legislative programs designed to treat prisoners with chemical dependencies, including programs that provide �l substance abuse testing, counseling, and treatment services for 26 94- 42 persons convicted and incarcerated for drug use. 700.6 Support legislation that provides adequate funding for local jail and state correctional facilities. 700.7 Support legislation that encourages rehabilitation programs designed to provide for an orderly transition of released criminal offenders into society. 700.8 Support legislative programs designed to enforce stricter penalties for habitual and violent criminal offenders. 700.9 Support legislation that increases the efficiency and provides adequate funding of the Safe Neighborhood Act. 700.10 Support legislation which provides additional penalties for the sale, purchase or delivery of, or possession of controlled substances, or the intent to perform any of the above, within public areas frequented by children. 700.11 Support legislation requesting the Governor to appoint a task force to study the effects of prostitution on local communities and to present recommendations to the Legislature. 700.12 Support legislation that encourages education programs designed to provide for an orderly transition of released criminal offenders into society. 700.13 Support legislation to reduce prison overcrowding by building more facilities with an adequate number of beds and personnel to secure the beds. -700.14 Support legislation to restrict early release of prisoners convicted of violent crimes unless the prisoner has successfully completed a defined educational, vocational, rehabilitative or life skills program. 700.15 Support legislation to amend Sections 320.0655 and 320.025 to provide an exception to the yellow city license place requirement for unmarked vehicles owned or operated by municipal law enforcement agencies. Juvenile Crime 701 The Florida League of Cities recognizes that there is an ever-growing increase in the level of juvenile crime in Florida cities. Statistics clearly show that the great majority of these crimes are committed by a small percentage of serious habitual offenders. The Florida League of Cities believes that current laws, policies and procedures concerning the punishment of serious habitual juvenile offenders do not contain sufficient sa-nstions to deter criminal activity and that the state lacks sufficient juvenile detention facilities to 4 ,� 27 2 - �4�?l satisfactorily incarcerate all of the serious habitual juvenile offenders sentenced to those facilities. The Florida League of Cities will: 701.01 Support legislation that will substantially increase the number of available beds in juvenile offender facilities to insure that serious habitual offenders sentenced to such facilities will be detained throughout their sentence or until they are properly rehabilitated. 701.02 Support legislation that provides that all decisions relating to the early release or the sentencing of youthful offenders remain the responsibility of the judge assigned to the case. 701.03 Support legislation that to amend the current structure of juvenile justice administration to remove HRS from the process and relocate juvenile justice administration in a separate Cabinet agency. 701.04 Oppose legislation that would weaken or limit local government legislative policy decisions to site juvenile facilities. 701.05 Support legislation that would prevent in certain circumstances and in a manner in which would not endanger the loss of federal funding possession of a handgun by a juvenile. 701.06 Support legislation to increase the ability of juvenile judges to hold juveniles in contempt of court for improper behavior in a courtroom prior to an adjudication of delinquency in a manner ,that would not endanger the loss of federal funding. 701.07 Support legislation to create additional juvenile boot camps for both sexes which incorporate remedial educational, rehabilitative treatment and adequate aftercare. 701.08 Support legislation that would give greater discretion to judges to impose sentences on juvenile offenders. Victims Rights 702 In view of the ever increasing rate of adult and juvenile violence, the Florida League of Cities recognizes the need to strengthen laws that will protect and enhance the rights of victims who fall prey to criminal acts. The Florida League of Cities will: 702.01 Support legislation to respect victim's rights and funding for grants for local programs to aid these individuals. �2,- 28 94- 42 702.02 Support legislation that would require judges to more effectively utilize mandated victim services. 702.03 Support legislation that will allow the institution of statewide local victim centers in an effort to acknowledge and protect the rights of all citizens who become innocent victims of crimes in our state. Immix D DD_ I .. .. . ........ DOWNTOWN DEVELOPMENT AU11<OK11Y One t713cayne TOW(f. Swto 1818 Mle11d, Fearld k 93,31 10" J105) 570.ro7L FHA. (305) 3 1.14ae M E M O R A N D U M TO: Tho Honorab e jario '�)iaz-Buloirt FROM: Matthew 11 ,' t5art FxetsuLivt Director DATE: Auguot 25, 1y93 RF, Authority of Private: BecuriLy Surv!Ccc' to use Fleshing lights in Downtown Areas The Journal of the 5enate of I-Inrch 31 , 1993 Indicates thiit you introduced the following AmerldmeliL rtsgurd1ng Authority of Frivate Security Sorvicea to use flashing lights ii► dOwtltown areas. (por Isabel #436 - 316.2397) "Amondment 2 (with Title Amendcnent)-on age 21, before lint) 1, insert: Section 4. Subsection (3) of Socti.ort 316.2397, Florida Statues, is ft►nAndr,d tr, I-(In1i Z' 316.2397 Certain lights prohibiLed; axcoptione -- Vehicles of the fire department and fire i)atral, including vehiclors of volunteer firemen na permitted under S. 316.2396, vehicles of medical. sta1'1' physicians or technicians of medical ftaei'lities licensed by the state ae authorized under a. 316.2398, ambulances no authorized under this chapter, and buaea and taxicabs a;3 authorized under 9.316.2399 are permitted to show or display red lights. Wrookers, mosquito control fop, and upray vellielea, and emergency vehiclos of governmental departments or public .service corporationes may show or display amber lights when in actual operation or when a hazard exists provided thoy are not used going to and from the Scenes of operation or hazard without specific authorization of a law enforcoment Officer or law enforcement agerivy. Further, escort vehicles will be permitted to show or display amber lights when in the actual process of escorting over -dimensioned equipmertL, tltaterial, of buildings as authorized by law. School buaes may Eshow and diesplcly lights as provided in Chapter 254 and may show and display flashing white strobe lights. Vehiclos of private watclttnall, guard, or patrol agencies licensed pursuant to Chapter 493 may show or display amber lights which p,atrolli.nq condominium, cooperative, and private residential and busine.-;s communities and special Laxing or, assessment districts in downtown business districts by which employed and which travorse public stree,tc or highways. Renumber nubse,14uent socton.) Senator, we are of the opinion that you will take; the steps noceeasary to refile this matter at the 1994 Session. Thank you for your action. Please let us know if we can furnxsn you any additional inturmation.�- It is our understanding that tbo relilirlN will be supported. ej MUS:J.,F)W/yt g4_42 CnY OF MIAMI, FLOFUDA INTEROFFICE MEMORANDUM TO: Mayor ° s Transition Team DAU SUBJECT police Priority Issues FROM: Cesar H. Odio REFEPENCES : City Manager ENCLOSURES: Per our discussion, attached please find a list of priority concerns of the Police (Department. Should you have any questions regarding the attached.. please feel free to contact me at your convenience. OS :8 WV 06 330 E6 94- 42 J UL--18--01 MOW 3 12 p. 04 PRIORITY ISSUES FOR THE MAYOR'S TRANSITION TEAM As per discussions at our meeting of Wednesday, December 15, 1993, the following is a list of priority concerns of the Police Department. Legillative Ini iatives We would appreciate Commission support on State and Federal legislative issues includinge 1. Support for the building of prison facilities to house violent career criminals. 2. Lowering of the age for adult offenders from 18 years of age to 17 years of age. 3. Support of Federal initiatives for the hiring of additional police officers. 4. Support of local initiatives for juvenile curfews ordinances. 5. Ban on the sale of assault rifles in the State of Florida and tighten overall gun control. 6. Support for a Statewide tax initiative (possible sales tax) designated for support of the criminal justice system. 7. State and County support to the City of Miami reference homeless issues. Personnel Issues 1. Work with the unions and Commissioners to rescind the City resident only requirement for both sworn and civilian new hires. Notes We would certainly support a policy of giving first preference to individuals who reside in the City. 2. The need for long term hiring plan for sworn officers, as well as, critical civilian personnel such as E911 operators and dispatchers. This is needed to avoid the shortage associated with normal attrition. 3. Streamlining of the hiring and promotional practices for civilian personnel. 94- 42 r/