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HomeMy WebLinkAboutM-75-0306to . Honorable Members of the City Commission FROM, P. W. Andrews City Manager GItY (DP' MIAMI, 'LORIbd ' M iNttil.OPPIC EM 3RANLIUM DATE: SU©JEC T rtt'FERE NCF'S ENCLOSURES MAR 141975 Items Proposed for 1'.175 T,e,;i .1.:ttive Action Attached please find the following listed material relgiive to the current 2tate of Florida Legislative session: 1. A list of eleven 1975 Legislative Priority items pro- posed by the City administration. 2. A copy of a March 4 inter -office memorandum from Mayor Ferre to John Lloyd recommending three items for Legislative action. 3. A copy of a March 6 inter -office memorandum from H. D. :3outhern, City Clerk, with a Legislative recommendation. 4. A copy of the Coordinating Council of Dade County's 1975 Legislative Friority Items. Discussion on these proposals for Legislative action willbe scheduled for the I'i.>n!i. City Comrnission meetinl, of larch 25. If there are other items that the City Commission wishes to offer for ccnsider:tion, iC furnished to me, 1: will distribute .such information to the balance of the Cornni^lion in advance of that meetin;, or these items my be brought up during; th-;: City Commission discussion. *iZ;.4 �;fin6 4,4 MY oil MAKE 1575 ttatilLATivt RRIORtTttS .. LAW gliVORCFN NT Bookmaking and Gambling Prostitution Possession of Forged Drug Prescriptions Assault and Battery on Law Enforcement Officers or Firefighters Unlawful Possession of a Motor Vehicle with Serial Number Removed Possession of Firearms by Convicted Felons Escape Situations e. 'c>z, 1975 To amend the Statutes to make bookmaking ring and gambling a third degree felony When more than three peotle are involved. To amend the Statutes to make ell forms of procurement for prostitution a felony • when engaged in by a third t ar y for profit. ,Add to the drug prevention and control act a provision making the possession of forged prescriptions an offense. Ariietid the Statute to make it a felony third degree to commit assault and battery on a law enforcement officer or firefizh:er in • the performance of their duties. Amend the Statute to increase the degree of offense for unlawfl1 possession of such a motor vehicle. To provide that persons charged with being a convicted felon in possession of a firearm shall not have the right to demand a witness be present who can swear to their prior conviction. Also, the immediate fingerprinting of a felon upon conviction, tion, with this fingerprint erprint iden- tification introduced in a subsequent case to prove identity. To provide mandatory notification to the arresting agency within two hours of the time of en escape from any correctional institution under the State Division of Corrections and any and e.0 state rental institutions. Notification to include the identity of the escapee and any confederate(s) who join in the escape. REoREATIoU Boat Registration Fees 3. PERMITS An LICENSES occupational Licenses 4. GENERAL Demolition and Lot Clearing Liens That the fees collected for the -nnria1 registration of motor powered boats in the State, be returned to both Counties and Municipalities, rather than just to Counties. (These monies to be spent on marite-oriented recreational activities.) fepeal or modify Florida Statutes Annotated 205.E+3 (b) to lift the license ee ceding on occupational licenses levied by municipalities. This action 'wi11 permit the establishment of license Lfees commensurate with rising costs to the cities for the administration of the permitted use. Establish by general iaw a uniform method by which minicipal.ities could impose demolition and lot clearing liens, so they carry the same dignity and can be enforced in the same manner as tax liens. 5. LOCAL TAXATION Double Taxation To have the present State law prohibiting double taxation changed into a mandatory prohibition. To exclude by State mandate taxpayers in municipalities from paying county taxes for services which are rendered in the =Incorporated areas. • • County Tax Districts 'Provide by law that counties must establish ,a separate tax district for unincorporated area and incorporated areas where services and' capital.• improvements are to be pro- vided and used exclusively by and for the convenience of the residents of unin- corporated area and incorporated areas. b. TOURISM Promotion and Advertising Budget �2- Place more emphasis on Florida tourism through increased appropriation of funds for advertising and promotions. The danger to the State economy of a reduction in the level of tourism must be dealt with affirmatively. 7. L;r•R;fMiT DOMAIN Cost Reduction 8. REVENUE,SHARING Documentary Stamp Tax Police Salary Incentives 9. LETHAL YELLOWITtG State Program 10. RESORT TAX 11. DEPtd 1ENT OF TRAM 3PORTA'TInit 2 ioderhiz a :State of L Lor . la : r.:in,nt Domain laws to reduce the pubic bflr,len of paying owners lea,; 1. and other costs due to appropriation of lands for public purposes, s` lorida` s archaic laws practically negate the Possibility of negotiated settlement of needed lands for public purposes. To replar. municipal revenue lost due to State of Florida raising intangible tax exemption to b20,000 per person, it is suggested that this revenue be replaced by placing the Documentary Stamp Tax receipts into the Punicipal Revenue Sharing Trust Fund. The State of Florida requires munici- palities to pay Police personnel incentives in the form of salary increments for personal achievement. These salary increments must be .paid by local govern- ments as a prerequisite to receiving State Revenue Sharing Funds. It is recommended that the State of Florida Statutes and budget changes occur so that the funding for this State requirement is paid directly by the State. The palm blight disease known as Lethal yellowing has developed into epidemic proportions in southeast Florida.. 'M northward progress of this palm blight is occurring. A State of Florida emergency program to assist in halting ani restorinv' the damage to the State of Florida should be instituted on a State level. That legislation be adopted enablia7, local municipalities to levy a Resort +' ut of up to 2;13 on all meals and hotel rooms. That legislative action occur r::.nd tin.:; that cities with poriu1aticr. of :"i ),,.).') or £-rester, be dealt :•'i.t.1 on the ....-e b•,.;1.3 n counties for u.ri. d.ictioI al co:'.::iL?r.^.- tion of' bud. ;et, rowl constrlctio;', ••�Ic; return of :,a ioline tax r!'.vt'r.u,,s . -3- CITY OF MIAMI. FLOr'7ID1 INTER-OFF':CZ: MEMORANDUM ti 70 +'cr. John Lloyd City / ttotney FROM. Maurice A. Terre Mayor DATE.: 1'IzLrChI { , 1 915 SUSPECT Legislature REFFPENCEs ENCLOSURES, FILS In addition to the 1975 legislative priorities dated January, 1975 which, by the way, do not have a signature or an initial from the originator, I would like to ask that you consider three other .potential legislative matters for the City: 1) . A tax reform, as discussed between you, Stewart Simon, County Attorney, and myself, permitting a vehicle for a single residence property overly taxed because of increased value due to speculative land values on future use of the property'. As you may recall, this was not a constitutional matter, but rather a tax deferral system contingent on the land use. 2). As you know, Federal legislation exists where there is an insurance policy for the family of any Federal employee killed in the line of duty. It is my opinion that both the Federal government and the state should consider extending this protection to all state and local government employees. Obviously, the local governments cannot afford such a program, and it should be the burden of the state and Federal governments. 3). Although much has been taUmed about and little done, I under- stand there is a pending bill already introduced establishing mandatory jail sentences for any crime committed, where the felon is apprehended in a second crime with a handgun in his possession. It is my opinion that the City should officially hack such a law. It is essential, since the legislature meets in a month, that these matters be brought for Commission discussion at the earliest possible Commission meeting. cc . .:. i'aul Andrews ✓ c►t oF• mt,e0.41. rt.GR►D* • 0.r1; , r Ir TO. FROM: nr. H. C. As3istant INtCR•OFFICF ,i MCIF#ANDUM E•ds, Jr. to the City Manager // j!•.r_ L�r I z DATE: Minch 6, 197 1. SJgJECT: Election Procedures REFERENCES: ENCLOSURES: I With respect to the memorandum dated February 26, 1975, on the subject of Election Procedures, it is the recommendation of this office that the Legislature be urged to adopt legislation giving the Supervisor of Elections the right to go into a polling place on election day to observe and take remedial action if necessary. It is also the opinion of this office that a system of voting other than the use of mechanical voting machines be found to re- place the present rather cumbersome and at times trouble -plagued system. We understand this is already being explored by the Supervisor of Elections for Dade County. draft 3/11/75 COORDINATING COUNCIL 1975 LEGISLATIVE PRIORITIES FOR TIE DADE CO.MIMUYTY Unemployment Insurance for School Board Employees Exempt school board employees from unemployment insurance benefits between academic terms. Due to an oversight in the current legislation, school board employees were not exempted during this period. The Unemployment Compensation Law (Florida Statute 443.05) should be amended to exclude trom eligibility during non -work periods between terms, all those school board employees who are obligated by contract for the academic session immediately following the work break. Otherwise, unemployment compensation could cost school systems statewide an estimated $30,000,000 to $50,000,000 annually. 2. Insurance Payments for School Board Employees Permit the Dade County School Board to pay group hospi- talization insurance for employees, retirees and their dependents. Legislation should be enacted authorizing every County Board in school districts having SO or more junior and senior high schools to provide for life, accident or health insurance, as defined by Florida Statute 621.b03, or any and all kinds of such insurance for the officers, employees, retirees thereof, and their dependents. These County Boards should be allowed to insure or self -insure all or any part of said program, or enter into agreements with insurance companies or self- insurance companies to provide such insurance or services. Such school boards should be authorized to pay premiums, charges or costs for the above insurance out of any available funds. 3. Administrative Procedures Act Amend Florida Statutes, Chapter 120.52 (1) to exempt District School Boards and Tax Adjustment Boards from the provisions of the "Administrative Procedures Act". The Dade County School Hoard believes that continued compliance with that 1974 legislation will unduly hinder the effective and efficient operation of school systems to the detriment of the students and the public in general. This Act is intended for State agencies only. The sole local agencies now affected are School Boards, because of court interpretation of preceding legislation which is now inappropriate. 4. Marine -Oriented Recreation Return to both counties and municipalities fees collected for the annual registration of motor powered boats in the state. These monies are spent on marine -oriented recreational activities. 5. State of Florida Permits Centralize and coordinate the process of obtaining State of Florida permits. Particularly, provision should be made that State permits for construction of storm sewer outfalls, dredging and filling could all be obtained from one State agency. This could be accomplished without major departmental re -organization. Further, fees from governmental agencies should be waived when for public improvement projects. 6. Occupational Tax Review Undertake a comprehensive study of the Occupational Tax, encompassing the problem of iiiegni t'ah le license fees. Such a study is long overdue.• The present fees are inequitable and so negligible as to constitute little more than a nuisance tax. It is neither a benefit tax nor a regulatory fee. 7. Charitable Solicitations Strengthen laws regulating charitable solicitations by reducing the maximum amount of donations which can be taken by professional solicitors to 15 percent. -2- 8. Tourism Place more emphasis on Florida tourism, The danger to the State economy of a reduction in tourism must t,c dealt with affirmatively. Among the promotional projects which should he considered is the establishment of "hospitality centers" in airports receiving more than 100,000 annual visitors. Returns on small investments in this area can be maximized, providing a positive influence on the economy at a time when it is greatly needed. Development of Florida as a major international center would contribute to a positive balance of payments for the nation. 9. Police Salary Incentives Provide State funds for direct costs of police salary incentives mandated by the State. The State of Florida requires local governments to pay police personnel incentives in the form of salary increments for personal achievement. These salary increments must be paid by local governments as a prerequisite to receiving State Revenue Sharing funds. Now that both constitutional and statutory guidelines for collective bargaining by local governments exist, the State should not mandate additional incentives, without being willing to provide the compensation accordingly. 10. Palm Blight/Lethal Yellowing Institute an emergency state-wide program to assist in halting and restoring damage caused by the palm blight disease known as lethal yellowing. The State should encourage research aimed at finding the cause and a permanent cure. This disease has reached epidemic proportions in south- east Florida, and northward progress of the disease is occurring. Any program instituted should include a provision that government agencies replace diseased trees with resistant trees in parks, public right-of-ways and other publicly owned lands. The State should consider establishing nursery farms so that the public can have access to inexpensive resistant trees such as Malayan Palms. -3- 11, Eminent Domain Attorneys' Fees Provide relief to :'.Deal taxpayers from the responsibility of attorneys' fees in eminent domain cases, or estahl i:,h an appropriate fee schedule or formula: The current legislation, (Florida Statute 73.091) (a) that the state or local government pry the cost of the landowner's attorney., unlike the federal government or other states, and (b) that the attorney's fee i:; de- termined by the court, unlike most other civil actions. There is no established formula or fee schedule; one award represented an excess of $1,000 per hour. This matter is particularly critical to Dade County because of our voter -approved Decade of Pro reds bond program and the millions. of dollars of land which must be acquired, particularly- for the mass transit system. Use of these tax monies must be protected for the actual and direct costs of development and construction, with indirect costs limited to what is fair and reasonable 12. Child Welfare Needs Provide for the following needs of dependent children: a) Adoptive homes for handicapped children. Provision of a subsidy to parents adopting handicapped children would make an increased number of families available to adopt children who otherwise would remain in foster care. Each subsidy should cover expenses related to physical, mental or emotional problems of the child. No additional expense to the state should be involved'since the children would nc longer be in foster care. b) Quality foster care. The quality of foster care should be improved by: --increasing repayment rates to cover the full cost of care; --increased specialized foster care for handi capped and emotionally disturbed children. c) Protection of children involved in independent adoptive placements. The Florida Adoption statute should be amended to provide: a central registry of children being seat out of state for adoption, so that an investigation of the intended adoptive home can take place. -4 --that children being placed by intertediaries should stay in licensed foster homes during the preliminary study by DFS. 13. Nursing Homes Elevate the quality of care in nursing; homes. Specific changes in the Florida Medicaid Law should include: (a) increase medicaid payments to make them closer to the actual cost of care; (b) a regional cost - of -living differential for reimbursement rates; (c) stricter standards for the level of care and maintenance of physical plants, and better policing of these standards; (d) an expansion of coverage to include special needs such as dental care and prosthetic devices. 14. .Low and Moderate Income Housing Provide state assistance to help meet the housing needs of Dade County's low and moderate income persons. Such assistance is needed in several forms; (a) creation of a State Housing Finance :Agency to facilitate provision of housing funds at an interest rate less than the current market rate; (b) legislation encouraging owners of vacant housing to lease at lower -than -market rates in return for tax credits to supplement the difference in income return; and (c) statutory and constitutional amendments providing tax abatement for redevelopment reconstruction, and rehabilitation of slue and blighted areas. 15. Mass and Public Transportation Establish public mass transportation as a State priority and recognize public transportation as a basic public service. Legislation should be enacted which: (a) appropriates monies to fund the state share of the Dade Area Rapid Transit System; (b) requires state DOT to fund primary right-of-way acquisition, thus shifting the burden from the counties; (c) provides funding of wreckers and crews for the Motorist Aid Patrol on 1-95 in Dade County; (d) supports mass transportation alternatives to automobile travel for visitors. -5- 16. Industri.al Revenue l3)nds Expand the definition of projects eligible for Industrial' Revenue Bonds, The Constitution of the State of Florida was amended in 1968 by Article VII, Section 10, to permit the issuance of Industrial Revenue Bonds, In June of 1969 the legislature of the State of Florida passed the Florida Industrial Financing Act, Under the terms of the Act, an industry can use the bonds of a political subdivision as a financing vehicle to build "projects" as defined by the Act to be "an industrial or manufacturing plant". 1'his definition of project should be expanded to include visitor oriented projects such as accommodations, recreational facilities, housing, and any other capital project which meets the basic purposes of the Act. 17. State and Regional Boards Legislate a proportional membership compositior for state and regional boards, rather than continuing the current appointment system. Membership distribution of state and regional boards, such as Pollution Control Board and the South Florida Flood Control District, should be made according to population, and also perhaps according to tax contribution. 18. Property Tax Relief: The Circuit Brealzer Provide property tax relief to persons on fixed incomes through the "circuit breaker" method. Circuit breaker legislation, adopted in some form by half the states, gets its name from the electrical device that cuts off electricity when the circuit is overloaded. In the case of property taxes, the relief would cut in when the tax burden reaches a percentage of income. which would be considered an "overload". This method has the following advantages: (a) it relates taxes to income, offering a ceiling to persons on fixed incomes most hurt by inflation; (b) it affords relief to renters who can't afford to own their homes, as well as to homeowners; and (c) it offers relief from the burdens of excessive tax to persons of all ages who qual ify. -6- 19. State Revenue Sharing Provide that the state -county trust fond he increased by adding to it from the state general revenues In the past, revenues involved in the state -county trust fund (portions of the cigarette tax, the road taxi and the intangible tax) were collected by the state and returned to the locality. Tn 1972, the system was changed from a point -of -collection rebate to a re -distribution formula using three criteria: (a) total population of the county, (b) unincorporated area population of the county, and (c) sales tax collection in the county. Then in the last, session, revenues to the fund were reduced by increasing the exemption oh the intangible tax. This action will cause Dade County to lose an estimated $1,000,000. The state now should increase the fund. A logical source for additional revenues is the documentary stamp tax on the transfer of real property. Only the sharing of an existing tax is involved; no new taxis are proposed. Also, the documentary stamp tax is a property tax (on the transfer of real property), which is by consensus agreed to be a local government tax. 20. State Support of Human Resources Maintain state support of human services at current levels. The Dade County community, through its non-profit agencies, local government bodies and the Dade delegation, has for several years given high priority to the development and expansion of human services programs at the State level. While much more needs to be done in the areas of child care, nursing home care, health service delivery, drug and alcohol programs, mental health programs, mental retardation, detention and rehabilitation services, significant strides have been made. Due to the condition of the economy and its impact on State revenues, it is realistic to assume that major expansions of services and programs will be very difficult in fiscal 1975-76. The Coordinating Council has approached the question of increased funding with an attitude of moderation. We do strongly urge that the gains of recent years not be lost. Otherwise, local governments willbe burdened with the financial support of these programs which are a State responsibility. I'rograrn cutbacks will do great harm to the very people already suffering most from inflation, recession and unemployment. KC/bfn -7-