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CITY OF OF MIAMI
2009 STATE LEGISLATIVE PRIORITIES
SUPPORT the preservation of local home rule; and OPPOSE any effort to preempt local
authority.
AFFORDABLE HOUSING
Modify Florida Statutes Chapter 193 — SUPPORT legislation directing property
appraisers to use an income based approach when calculating the value of low to
moderate income rental properties for the purpose of property tax assessments. The
modification requested will direct property appraisers to either solely or place greater
weight on the income derived from low to moderate income rental residential units when
determining their value for taxable purposes. In this way, the value is set by actual gains
from the property and not speculative market derivations.
Sadowski Cap Repeal — SUPPORT legislation preserving the dedicated documentary
stamp fees as a funding source for the State and Local Government Housing Trust Fund
(Sadowski Trust Fund). It eliminates the cap placed on fund distribution, and prohibits
any of these trust fund dollars from being diverted to the General Revenue Fund.
GREEN / ENERGY POLICY
Energy Efficiency Sales Tax Holiday Support the creation of a permanent "Energy
Efficient Week" where sales of any new energy efficient product having a selling price of
below $1,500, will be sold tax free and continue to provide the solar energy systems
program for rebates on purchases of solar photovoltaic systems. Support increasing the
cap on the sales tax exemption on materials used in the distribution of biodiesel and
ethanol.
Sales Tax Refund for High Efficiency and Alterna-Fuel Vehicles - Support the
creation of a substantial sales tax refund for energy efficient vehicles that includes
vehicles with high fuel economy ratings, hybrid vehicles, alternative fuel vehicles, fuel
cell vehicles, and advanced lean burning technology vehicles. Support the state issue
financial incentives and grants to support municipal fleet conversion to high efficiency
and/or altema-fuel vehicles.
r)Hog- .State Priorities- Svi3
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Renewable Energy Portfolio Requirement - Support the creation of an aggressive
renewable energy portfolio standard that calls for fifty percent (50%) of all energy
generation by Florida public utilities to come from renewable sources by the year 2017.
Green Schools Pilot - Support the establishment of the Green Schools Pilot Project
toward encouraging that all new school construction be USGBC LEED certified.
CRIMINAL JUSTICE / LAW ENFORCEMENT
Red Light Traffic Cameras — SUPPORT legislation authorizing the use of red light
traffic cameras to reduce red light traffic infractions.
Section 893.138 of the Florida Statutes entitled "Local administrative action to abate
drug -related, prostitution -related, or stolen -property -related public nuisances and
criminal street gang activity" — SUPPORT amending Section 893.138 of the Florida
Statutes to include acts of violence including murder, rape, assault, and battery. This
would allow the City to use the Nuisance Abatement Board to close establishments (e.g.,
nightclubs) where there have been more than two incidents of violence.
Sale of Narcotics Near Homeless Shelter — SUPPORT amending Section 893.13 of the
Florida Statutes to enhance the penalty for the sale of narcotics within 1,000 feet of a
homeless shelter. Presently the State Statute for the Sale of a Controlled Substance and
Possession with Intent to Sell has an enhanced penalty if the violation of the law is within
1000 feet of a school or church. The City should be able to include the homeless as part
of a vulnerable population that needs this extra protection from criminals that prey on
them.
Weapons and Firearms Penalties — SUPPORT weapons and firearms penalties
increases to the minimum terms of imprisonment imposed for possessing, discharging, or
seriously harming another with a semiautomatic firearm and its high -capacity detachable
box magazine or with a machine gun. Provides that potential buyers or transferees of a
firearm, who willfully and knowingly provide false information or fraudulent
identification by using the identity of a victim of identity theft, commits a second degree
felony.
Public Discharge of a Firearm — SUPPORT modifying Section 790.15(1) of the Florida
Statutes to make public discharge of a firearm a felony. Change the statute as follows
"(1) Except as provided in subsection (2) or subsection (3), any person who knowingly
discharges a firearm in any public place or on the right-of-way of any paved public road,
highway, or street or whosoever knowingly discharges any firearm over the right-of-way
of any paved public road, highway, or street or over any occupied premises is guilty of a
misdemeanor of the first degree felony.. .
Prohibition on the Use of an Electronic Wireless Communications Device While
Driving - SUPPORT legislation prohibiting the use of an electronic wireless
communications device while operating a motor vehicle except when using headset or
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hands -free device; provides exemptions; provides penalty; provides for enforcement only
as secondary offense.
Safe at Home — SUPPORT increases in minimum mandatory sentences for armed home
invasions of a residence occupied with people at the time of the crime. Create very severe
penalties for armed home invasions in which another violent felony is committed against
the occupants present. Stiffen penalties for burglarizing an unoccupied residence. Create
enhanced penalties for armed home invasions of residences where people present are
disabled and/or 60 years or older.
ECONOMIC RECOVERY, DEVELOPMENT AND SUSTAINABILITY
Job Creation — SUPPORT legislation creating a state tax credit for small businesses (25
employees or fewer) that invest in specialized training for employees. Tax credits would
be given to cover the cost of retraining existing and new employees in the fields of
sustainability and technology. A single example would be a construction company
shifting from building condos to creating green warehouse or office buildings. Money
spent on educating, training and certifying employees in sustainability programs -- such
as LEED for example -- will allow businesses to grow, jobs to be created and Floridians
to have better job skills for the 21st century.
Dog Friendly Dining Program - SUPPORT the renewal of the "Dog Friendly Dining
Program" under Section 509.233 of the Florida Statutes from repeal. Under the 3-year
pilot program, local governments can allow a patrons' dog(s) access to certain designated
outdoor portions of public food service establishments. This section is set to expire July
1, 2009, unless reviewed and saved from repeal through reenactment by the Florida
Legislature. The City's Dog Friendly Dining Program is set to expire on July 1, 2009
unless reviewed and saved from repeal through reenactment of Section 509.233 by the
Florida Legislature.
EMERGENCY MANAGEMENT AND HOMELAND SECURITY
Florida Statutes, Chapter 252 & 943 EMERGENCY MANAGEMENT&
DOMESTIC SECURITY — SUPPORT modifying Florida Statutes, Chapter 252
Emergency Management and F.S. Chapter 943 Domestic Security, to address existing
coordination conflicts and redundancies in an effort to streamline and align the
aforementioned statutes to better parallel federal homeland security guidance.. Said
reorganization should include compliance with federal homeland security guidance to
include National Response Framework, Homeland Security Presidential Directive's
(HSPD's) and Homeland Security Grant Program (HSGP) guidance and governance.
Emergency Power at Retail Gasoline Stations — SUPPORT legislation requiring
emergency generator power at retail gasoline stations. Current legislation was amended
prior to final adoption to only require transfer switches that can accept generator power at
certain facilities. There have been legislative proposals to assist retailers with funding
these enhancements through State tax credits.
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COMMUNITY RESIDENTIAL HOMES
Florida Statutes, Chapter 419 Community Residential Homes — SUPPORT
modifying Florida Statutes, Chapter 419 to ensure that "a community residential home or
dwelling unit that receives residents that have been referred by the Criminal Court system
shall provide 24 hour [accredited] security at that location in order to protect the health,
safety, and welfare of the other resident and of the surrounding community."
JUDICIARY
Judicial Qualifications — SUPPORT legislation increasing the experience level of
county and circuit court judges from five years to ten years membership in The Florida Bar.
Currently, county and circuit court judges are required to be lawyers and members of The
Florida Bar for five years.
FUNDING REQUESTS
City of Miami Stormwater Master Plan Implementation $650,000
The City of Miami's Office of Capital Improvements requests funding for the City of
Miami Stormwater Master Plan Implementation. This project has the potential to improve
water quality, to mitigate or reduce the risk of flooding caused by storm events and to
convey the direct or indirect discharge of storm water into the Miami River (or their
tributaries) and Biscayne Bay. These are environmentally friendly projects aimed at
creating "green -collar jobs"; reducing flooding and enhancing water quality prior to
discharge into Biscayne Bay. It is important to note that Biscayne Bay is a South Florida
Water Management District (SFWMD) priority water body.
Two (2) projects have been selected from this implementation plan: The Fairlawn Storm
Sewer Improvements Project, Phase III (B-50704) - the scope of the project consists of
the construction of storm sewer improvements in the area bounded by S.W. 8 Street, W.
Flagler Street, S.W. 47 Avenue and S.W. 57 Avenue; The Kinloch Storm Sewer
Improvements Project (B-50705) consists of the construction of a drainage system
network for the area bounded by S.W. 8 Street, N.W. 7 Street, S.W./N.W. 42 Avenue and
S.W./N.W. 47 Avenue. Storm water from these projects discharges to the C-4 Canal
(Tamiami Canal) that connects to the Biscayne Bay via the Miami River. The funding
request for this implementation is in the amount not to exceed $650,000 and will
ensure construction continuity for these projects.
The successful construction of these projects shall achieve the following objectives:
1. Reduce Flooding — These projects provide mitigation of flood conditions in the
regional system and complement the South Florida Water Management District's
major improvements to the C-4 Canal (basin) that connects to the Biscayne Bay
via the Miami River and reduce flood damage insurance claims.
2. Enhance Water Quality — The pre-treatment performed by the drainage systems
will improve water quality prior to discharge into the C-4 Canal, the Miami River
(and their tributaries) and Biscayne Bay.
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3. Economic Stimulus — On November 13, 2008, the City of Miami Commission
approved several initiatives designed to stimulate the local economy and assist
residents as the country continues to suffer the effects of the economic crisis.
Several initiatives were adopted by the Commission including an Economic
Stimulus Awards and Agreements item, which establishes measures to stimulate
the local economy by creating a process to expedite the award of professional
services agreements and construction projects for certain capital improvement
projects. Expediting these projects will help reduce the unemployment rate in the
local construction industry labor force. With the approximate construction cost for
the Kinloch and Fairlawn Storm Sewer projects to be at $4 million and $3 million
respectively, it is anticipated that approximately 140 new construction jobs may
be created when construction activities begin.
Solar hot water program $500,000
Support the creation of a "solar hot water program" to dramatically increase the use of
solar hot water technology. Solar hot water heating harnesses the sun's energy to provide
hot water for residential and business applications. A typical residential installation could
cost under $5,000 with a simple payback of less than 4 years. This application of solar
energy is one of the most cost effective in terms of payback and offers a chance for
renewable energy to get a foothold in South Florida. Historically, solar water heating had
been very common in South Florida before electric water heating became prevalent. The
largest current barriers to use include lack of awareness among home -owners, property
owners, architects, contractors and building officials. Components of the program would
address these barriers by methods including marketing, education, identification of
vendors and suppliers, creation of turnkey programs, financial incentives, and financing
strategies. The City requests $500,000 to support the development of its solar hot water
program.
THIS DOCUMENT LS A
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BACKUP. ORIGINAL CAN BE SEEN
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SUBSTITUTED
HOME R
SUPPORT the p
authority.
CITY OF MIAMI
2009 STATE LEGISLATIVE PRIORITIES
ation of local home rule; and OPPOSE any effort to preempt local
AFFORDABLE HOU
Modify Florida Statutes
appraisers to use an income
moderate income rental properti
modification requested will direct
weight on the income derived from to
determining their value for taxable p
from the property and not speculative mar
hapter 193 — SUPPORT legislation directing property
ased approach when calculating the value of low to
for the purpose of property tax assessments. The
perty appraisers to either solely or place greater
to moderate income rental residential units when
es. In this way, the value is set by actual gains
t derivations.
Sadowski Cap Repeal — SUPPORT legislati
stamp fees as a funding source for the State and
(Sadowski Trust Fund). It eliminates the cap plac
any of these trust fund dollars from being diverted to
GREEN / ENERGY POLICY
preserving the dedicated documentary
cal Government Housing Trust Fund
on fund distribution, and prohibits
t - General Revenue Fund.
Energy Efficiency Sales Tax Holiday - SUPPORT legislat • n creating a permanent
"Energy Efficient Week" where sales of any new energy e ent product having a
selling price of below $1,500, will be sold tax free and continue to provide the solar
energy systems program for rebates on purchases of solar photovolta systems. Support
increasing the cap on the sales tax exemption on materials used in - distribution of
biodiesel and ethanol.
Sales Tax Refund for Alterna-Fuel Vehicles - SUPPORT legislation c - . ting a
substantial sales tax refund for energy efficient vehicles that includes hybrid v • cles,
alternative fuel vehicles, fuel cell vehicles, and advanced lean burning techno • gy
vehicles. Support the state issue financial incentives and grants to support municipal fl- t
conversion to altema-fuel vehicles.
SUBSTITUTED
enewable Energy Portfolio Requirement - SUPPORT legislation creating an
a {_• essive renewable energy portfolio standard that calls for fifty percent (50%) of all
enerA generation by Florida public utilities to come from renewable sources by the year
2017.
Green Sc
Project tow
ols Pilot Project - SUPPORT the establishment of the Green Schools Pilot
encouraging that all new school construction is USGBC LEED certified.
CRIMINAL JUICE / LAW ENFORCEMENT
Red Light Traffic meras — SUPPORT legislation authorizing the use of red light
traffic cameras to red : red light traffic infractions.
Section 893.138 of the Flo 'da Statutes entitled "Local administrative action to abate
drug -related, prostitution-r . + ted, or stolen -property -related public nuisances and
criminal street gang activity SUPPORT amending Section 893.138 of the Florida
Statutes to include acts of violen e including murder, rape, assault, and battery. This
would allow the City to use the Nu' ce Abatement Board to close establishments (e.g.,
nightclubs) where there have been mo - than two incidents of violence.
Sale of Narcotics Near Homeless Shelte SUPPORT amending Section 893.13 of the
Florida Statutes to enhance the penalty for • e sale of narcotics within 1,000 feet of a
homeless shelter. Presently the State Statute r the Sale of a Controlled Substance and
Possession with Intent to Sell has an enhanced pe ' alty if the violation of the law is within
1000 feet of a school or church. The City should . - able to include the homeless as part
of a vulnerable population that needs this extra pro - ion from criminals that prey on
them.
Weapons and Firearms Penalties — SUPPORT wea
increases to the minimum terms of imprisonment imposed fo
seriously harming another with a semiautomatic firearm and its
box magazine or with a machine gun. Provides that potential bu
firearm, who wilfully and knowingly provide false inform
identification by using the identity of a victim of identity theft, comm.
felony.
ns and firearms penalties
ssessing, discharging, or
'gh-capacity detachable
ers or transferees of a
tion or fraudulent
s a second degree
Public Discharge of a Firearm — SUPPORT modifying Section 790.15(1) • the Florida
Statutes to make public discharge of a firearm a felony. Change the statute follows
"(1) Except as provided in subsection (2) or subsection (3), any person who • wingly
discharges a firearm in any public place or on the right-of-way of any paved publi► road,
highway, or street or whosoever knowingly discharges any firearm over the right-o - ay
of any paved public road, highway, or street or over any occupied premises is guilty o a
felony..."
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rohibition on the Use of an Electronic Wireless Communications Device While
ving - SUPPORT legislation prohibiting the use of an electronic wireless
co unications device while operating a motor vehicle except when using headset or
hand free device; provides exemptions; provides penalty; provides for enforcement only
as seco ary offense.
EMERGE CY MANAGEMENT AND HOMELAND SECURITY
Florida Sta es, Chapter 252 & 943 EMERGENCY MANAGEMENT&
DOMESTIC S . CURITY — SUPPORT modifying Florida Statutes, Chapter 252
Emergency Man.: - ent and F.S. Chapter 943 Domestic Security, to address existing
coordination conflicand redundancies in an . effort to streamline and align the
aforementioned statut -. to better parallel federal homeland security guidance.. Said
reorganization should lude compliance with federal homeland security guidance to
include National Respon - Framework, Homeland Security Presidential Directive's
(HSPD's) and Homeland S.. ty Grant Program (HSGP) guidance and governance.
Emergency Power at Retail asoline Stations — SUPPORT legislation requiring
emergency generator power at ret.' gasoline stations. Current legislation was amended
prior to final adoption to only requir transfer switches that can acceptgenerator power at
certain facilities. There have been 1- ; islative proposals to assist retailers with funding
these enhancements through State tax cr... its.
INFORMATION TECHNOLOGY
Tax Exempt Holiday on Technology purch es — SUPPORT exempting technology
purchases (desktops, laptops, printers and monito .) from State and Local sales taxes for
one week per year (prior to the beginning of the sell, .1 year) to encourage the adoption of
technology by residents.
COMMUNITY RESIDENTIAL HOMES
Florida Statutes, Chapter 419 Community Residen ::1 Homes — SUPPORT
modifying Florida Statutes, Chapter 419 to ensure that "a co ity residential home or
dwelling unit that receives residents that have been referred by the Criminal Court system
shall provide 24 hour security at that location in order to protect .e health, safety, and
welfare of the other resident and of the surrounding community."
FUNDING REQUESTS
San Marco and Biscayne Islands Drainage Improvement Project, Phase ! (B-30588)
$50000
The request for Phase II of the San Marco and Biscayne Islands Drainage Imp .vement
Project would provide construction funding continuity for the entire project. Th scope
of work consists of the construction of storm sewer improvements in local streets thin
San Marco Island and Biscayne Island in the City of Miami. The improvements co st
of deep injection drainage wells, storm sewer pipe for gravity conveyance, connections t
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new outfalls, storm water pump stations weirs, baffles, manholes, catch basins, cross
rains, swale trenches and surface restoration. Note: Storm water from this project
d harges into Biscayne Bay. Biscayne Bay is a South Florida Water Management
Dist i ct ("SFWMD") priority body of water. Flooding caused by future hurricanes and
storm vents can lead to severe infrastructure damage and water quality degradation to
reduce .oding and improve water quality discharging into Biscayne Bay. Mitigation
of flood ..nditions through the City's proposed drainage system will reduce flood
damage ins ance claims, and water quality enhancements to Biscayne Bay.
Glenroyal Stor
The request for
construction fundin
Street, West Flagler
filtration trenches (Fre
outfall, pollution control
swale trenches, swale reg
water from this project disc
Miami River that leads to Bis
water. Flooding caused by fut
infrastructure damage and water q
As a result, the City of Miami has
drainage project in an effort to reduce
into the Miami River which leads into Bis
reduce flooding damage insurance claims,
Waterway, Miami River, and Biscayne Bay.
Sewer Project, Phase III (B-30008) $500,000
base III of the Glenroyal Storm Sewer Project would provide
continuity for the entire project area that is bounded by N.W. 7
treet, and N.W. 17 Avenue. The improvements consist of ex-
h drains), storm sewer pipe for gravity conveyance, a new
ructures, weirs, baffles, manholes, catch basins, cross drains,
ing and resodding and surface restoration. Note: Storm
es into the Lawrence Waterway which is a tributary to the
e Bay. Biscayne Bay is a SFWMD priority body of
e hurricanes and storm events can lead to severe
lity degradation within the projects drainage basin.
aced great importance on the completion of this
oding and improve water quality discharging
ayne Bay. Mitigation of flood conditions will
d improve water quality in the Lawrence
Northwest Storm Sewer Project, Phase III (B-3 014) $500,000
The request for Phase III of the Northwest Sto ater Sewer Project would provide
construction funding continuity for the entire projec area that is bounded by NW 7th
Avenue, NW 126' Avenue, NW 62"d Street and NW Street. The improvements
consists of ex -filtration trenches (french drains), stsewer pipe for gravity
conveyance, baffles, manholes, catch basins, cross drs, swale trenches, swale
regrading & resodding and surface restoration. This water q : lity treatment is mandated
by the NPDES permit and required by Miami -Dade . ounty Department of
Environmental Resources Management (DERM). In addition, t '. project will mitigate
flood conditions caused from typical storm events resulting in reduction of flood
damage and increase in public safety. Flooding caused by future h\ 4 icanes and storm
events can lead to severe infrastructure damage and water quality degraation within the
projects drainage basin. As a result, the City of Miami has placed great portance on
the completion of this drainage project in an effort to reduce flooding and . ovide water
quality treatment to stormwater runoffprior to ground water contact.
Englewood Storm Sewer Project, Phase III (B-30011) $500,0i I
The request for Phase III of the Englewood Storm Sewer Project would provide
construction funding continuity for the entire project area that is bounded by S.W. 2
Street, S.W. 19 Street, S.W. 27 Avenue and S.W. 32 Avenue. The improvemen
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nsists of ex -filtration trenches (french drains), storm sewer pipe for gravity
co 'veyance, baffles, manholes, catch basins, cross drains, swale trenches, swale
regr.., ing & resodding and surface restoration. This water quality treatment is mandated
by the .tional Pollutant Discharge Elimination System (NPDES) permit and required by
Miami-D.,i a County Department of Environmental Resources Management (DERM). In
addition, thi project will mitigate flood conditions caused from typical storm events
resulting in a r:•uction of flood damage and increase in public safety.
Miami Energy A : ce $750,000
"Miami Energy A11i. ce" program is based on the model of the Cambridge Energy
Alliance to improve b ' ding energy efficiency citywide. This program provides a
turnkey program for energ ' efficiency bringing performance contracting to buildings. It
includes marketing, financin_, •requalification of performance contractors, and program
development. The program the goal of performing energy efficiency in 50% of
buildings Citywide in the next ears. The City requests $750,000 to support the
development of the Miami Energy A 'ance.
Solar Hot Water Program $500,000
The "solar hot water program" is geared t• dramatically increase the use of solar hot
water technology. This application of solar e - gy is one of the most cost effective in
terms of payback and offers a chance for renew. •le energy to get a foothold in South
Florida. Components of the program would includ: marketing, education, identification
of vendors and suppliers, creation of turnkey • • , ams, financial incentives, and
financing strategies. The City requests $500,000 to sup • •rt the development of its solar
hot water program
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