_Ga2350 Coral Way, Suite 301
Miami, Florida 33145
(305) 860-0780 (Telephone)
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200 West College Avenue, Suite 204
Tallahassee, Florida 32301
(850) 222-9911 (Telephone)
(850) 807-2539 (Facsimile)
fgomez@gomezbar1<er.com
Memorandum
To: Hon. Phillip K. Stoddard, Mayor
Hon . Josh Liebman, Vice Mayor
Hon . Walter A Harris, Commissioner
Hon . Valerie Newman, Commissioner
Hon . Bob Welsh, Commissioner
From: Fausto B. Gomez
cc: Steve Alexander, City Manager
Date: May 30 ,2013
Re: End-of-Session Report (2013)
We are pleased to present this report detailing the accomplishments of the City of
South Miami during the 2013 legislative session . Aided by the first projected budget surplus
in three years, legislators presided over a relatively smooth session as excess revenues did
much to pave over significant disagreements. As one observer remarked "More money; less
problems."
Florida legislators passed a record $74 .5 billion state budget (an increase of more
than $4 billion from the current fiscal year) along with significant legislation dealing with
Elections, Ethics, and Campaign Finance. It was also, nevertheless, a session marked by
unresolved policy differences in state and local pensions, an expansion of Medicaid
eligibility , economic development incentives, and taxes.
In the midst of this, South Miami fared very well. Along with Senators Miguel Diaz de
la Portilla and Gwen Margolis and Representative Erik Fresen, this firm worked to :
• Secure a Line Item (1640C) of $120,000 for "South Miami Dorn Avenue Drainage.!'
Only twelve cities in Miami-Dade County received water project support and
unfortunately the Governor vetoed the vast majority of these; including South
Miami's. Statewide, the Governor vetoed a total of $368 million; with $37.4 million of
that amount from local water projects.
At the beginning of the legislative year the Governor's Office published criteria as a
guide to legislative funding and for subsequent evaluation purposes. From this
criterion the legislature established a fonnal application and a requirement that the
project had to be publicly presented to the Senate and House Appropriations
Committees and endorsed by a majority of the legislative delegation. Your staff
completed the fonn(s) and we secured the endorsement, by letter, of the Miami-
Dade Legislative Delegation and presented the project in the Senate and House. It
was because of this that Florida TaxWatch, the most well-known watchdog
organization in Tallahassee, which every year lists funding projects that it says were
placed in the budget without public review and debate, spared local water projects
from being listed as "turkeys." Notwithstanding the Governor's own criteria, and the
process that he helped establish, when the vetoes were issued Governor Scott
announced a new "filter" for local projects. He stated, "My filter was this: One is it
going to help our families get more jobs? Two, will it help improve our education
system in the state? And three, will it help make government more efficient?" This
was a different standard than his office had previously announced.
Along with our colleagues who represent other local governments and in
consultation with legislators, we are beginning to chart a course for the next fiscal
year. The plan is to establish an official water project grants review and
recommendation program at the South Florida Water Management District or
employ and fund the "Water Projects Grant Program" at the Department of
Environmental Protection (DEP). The latter was previously created under 403.885,
F. S. and it would be similar to the process currently employed for the Florida
Recreational Development Assistance Program (FRDAP).
• Preserve $656,298 in current funding to South Miami from the Communications
Services Tax (CST). S84122 and HB303 would have repealed the authority of local
governments to levy the CST. These bills failed. Additionally, the House Finance
and Tax Subcommittee held a workshop to tax all communications services at the
same rate, regardless of the type of service, method of delivery, or location of the
user. Although the Finance and Tax proposal was intended to be revenue neutral,
there were no details.
• Preserve $631,305 in current funding to South Miami from local Business Taxes.
The House Finance and Tax Subcommittee held a workshop to establish three
unifonn tax classifications based on the square footage of the business. Again,
although the Finance and Tax proposal was intended to be revenue neutral, there
were no details.
• Preserve an undetermined amount in current parking meter revenue South Miami
receives from meters on state roads (Red Road (State Road 959) and Sunset Drive
(State Road 986). The Florida Department of Transportation (FDOT) proposed that
any municipality that installed and maintained parking meters on state roads would
remit 50% of their revenue to the state. This was included in both SB1132 and
HB7127, the comprehensive transportation bills; although we had been able to
amend the bills to simply require a study by the Florida Transportation Commission.
These bills subsequently died as the Miami Dolphins was amended onto HB7127 in
the closing moments of the legislative session.
• Include in the Conforming Bill to the state budget language directing the Department
of Children and Families to study the Sober Home problem and look for ways to stop
these unlicensed homes from expanding in residential neighborhoods. DCF must
report back to the Governor, President of the Senate, and Speaker of the House by
December of this year with their finding and recommendations .
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• • • •
• Help pass CS/SB52 by Senator Nancy Detert which prohibits the operation of a
motor vehicle when texting.
Equally critical to the above was the ability to pass legislation that reduced South
Miami's operating responsibilities and expenditures and to thwart bad policy that would have
preempted home rule authority or imposed additional unfunded mandates. An example of
the latter was HB7123 by the House Select Committee on Claims Bills which would have
significantly raised sovereign immunity limits. Under current law, the state has waived
sovereign immunity in tort actions up to $200,000 for individual actions and up to
$300,000 for all actions arising out of the same incidence or occurrence. The bill would
have increased the waiver of sovereign immunity for political subdivisions only (defined
to include cities, counties, and school board), up to $1 million for individual actions or up
to $1.5 million for all actions arising out of the same incidence or occurrence. This is a
five-fold increase on the current waiver of sovereign immunity. Another example was
SB1716 by Senator Rene Garcia that would have exempted certain new developments from
having to comply with impact fee, transportation concurrency, or proportionate share
requirements for three years.
Following is a detailed list of key issues that my partners, associates, and I lobbied
and/or monitored on your behalf. We were actively engaged both in helping pass legislation
that facilitated local govemance as well as assuring that bills that would have negatively
impacted South Miami did not become law.
• Pension Reform
• Page 3
CS/CS/SB 458 and CS/HB 1399 were the two bills relating to city firefighter and
police officer pensions. To keep existing plans sustainable, sound and secure for
current and future police/fire retirees, cities must have the flexibility to negotiate a
sustainable benefit level and the Senate bill, as amended, would have prevented this
from occurring.
On April 10th
, CS/CS/SB458 was amended to prohibit cities from negotiating
policelfire pension benefits that are lower than the benefit level that existed as of
1999 in each individual city. While CS/HB 1399 did not include the same
amendatory language, the Senate action indicated that body's position thus there
was no reason to pursue further pension reform this past session.
Both bills would have removed from law the statutory basis for the current Florida
Department of Management Services (OMS) interpretation on the use of insurance
premium tax revenues (as reflected in the "City of Naples"-type letters). The current
OMS interpretation provides cities and police/fire unions, for the first time since
1999, with the flexibility to collectively bargain pension benefit levels and use of
insurance premium tax revenues for these benefits. Both bills would have also
provided a complicated process for the use of insurance premium tax revenues
based upon when a tax amount was generated and whether the plan has an assets-
to-liabilities funded ratio of less than or greater than 80 percent.
These bills died .
• Red Light Cameras
The outright ban on Red-light cameras (HB4011) again failed to pass the
Legislature, but changes on the application of it to right-on-red were approved
in the Department of Highway Safety bill. (HB7125). This would prevent a
notice of violation or traffic citation as long as the vehicle came to a complete
stop, even after crossing the while line, prior to making an allowed right turn
during a red light. The other provisions give drivers 60 days to appeal a citation
and the appeals would now be managed by the cities and counties that collect
and/or issue the fines. An administrative fee of $250 could be charged for an
unsuccessful appeal. The specifics of how the process will be set up remain to
be worked out.
An interesting fact is that the Red Light Camera program generated more than
$100 million in revenue last year in approximately 70 Florida communities, with
52.5% of the revenue going to the state. The rest is divided by cities, counties,
and the camera companies. In 2013, the cameras are on pace to generate
$120 million.
• Property Insurance
During the legislative session, 63 bills were filed regarding property insurance, 45 of
which specifically proposed changes to Citizens, and one of which passed
(SB1770). That bill did not make the robust structural changes proposed by the
Senate and others. The House of Representatives prevailed, but still Citizens'
coverage levels will be reduced from $1 million to $700,000 over three years, a
clearinghouse will be set up to shop customers in the private market, and coverage
is prohibited for new buildings seaward of the coastal construction line. The
legislation also sets up an Inspector General for Citizens.
Of particular importance, existing Citizens customers keep the 10% rate cap on
annual rate hikes. This was crucial to legislators from Southeast Florida and to
Chief Financial Officer Jeff Atwater. He said "I do not believe that the Legislature
should rip these caps off and try to accelerate rates. It will damage the economic
growth that is now taking place."
• Firearms
CS/CS/HB 1355 was the only gun legislation approved by the legislature. The
bill expands the prohibitions on selling or delivering firearms currently found in
790.065, F. S. to include persons who have had an involuntary examination
under the Baker Act and who have voluntarily admitted themselves for
outpatient or inpatient treatment. Currently, Florida prohibits persons who have
been adjudicated mentally defective or who have been committed to a mental
institution by a court to possess weapons.
• Right to Speak
• Page 4
The Florida Legislature passed legislation that says public agencies must make
"reasonable" accommodations for public testimony -subject to time constraints
and other normal limits (SB50). The bill is a result of two District Court of
Appeal rulings that held that while the Florida Constitution and the "Government
in the Sunshine" laws require public governing bodies to meet openly, there is
no legal requirement that they let the public speak at meetings. I understand
this protection is already afforded in the South Miami Charter .
• Ethics
One of the overriding priorities of the legislature this session was ethics reform.
CS/SB2 by Senator Jack Latvia gives the Florida Commission on Ethics (COE)
the authority to place liens on real property in order to collect financial
disclosure fines. The bill provides a grace period to amend financial disclosure
forms and now requires municipal finance directors to file financial disclosure.
Finally, the COE is authorized to initiate investigations and candidates or
elected officials are prohibited from accepting public employment if known that
the position is being offered for the purpose of gaining influence over the
official. The Governor approved this measure on May 1st
.
• Campaign Finance
The Governor has already approved CS/CS/CS/HB569 relating to campaign
finance. Of interest to local governments that have an ordinance or charter
prOVision that adopt the Florida Election Code as the controlling law for
elections; the contribution limit is increased to $1,000 per person per election.
Also, candidates would have to file an increased number of campaign finance
reports .
As always, please do not hesitate to contact me if you have any questions or desire
additional information. We appreciate the Mayor, Commission, and Manager joining us in
Tallahassee and helping with the lobbying effort. Thank you for allowing us to represent the
City of South Miami.
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