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End-of-Session Report (2010)2350 Coral Way, Suite 301 Miami, Florida 33145 (305) 860-0780 (telephone) (305) 860-0580 (facsimile) 119 South Monroe Street, Suite 202 Tallahassee, Florida 32301 (850) 222-9911 (telephone) (850) 222-8416 (facsimile) fgomez@gomezbarker.com Gomez Barker Associates, Inc.  Memorandum To: Hon. Philip K. Stoddard, Mayor Hon. Valerie Newman, Vice Mayor Hon. Brian D. Beasley, Commissioner Hon. Walter A. Harris, Commissioner Hon. Velma Palmer, Commissioner From: Fausto B. Gomez CC: Buford R. Witt, City Manager Date: September 15, 2016 Re: End-of-Se ssion Report (2010) I am pleased to report on the activities of this firm on behalf of the City of South Miami during the recently concluded legislative session. This was an extremely difficult year, with the recession and individual political considerations heightening every budget and policy decision. The session began with Governor Charlie Crist’s “State of the State” address in which he vigorously defended his governing record within the context of party orthodoxy and ended by him deciding to run as an Independent for the United States Senate. Also impacting the session was the continuing saga of former Speaker Ray Sansom who resigned from the House prior to his peers conducting ethics hearings and is now the subject of criminal complaints, accusations of legislators abusing their political party issued credit cards, and corruption with regard to the Executive Director of the Republican Party. The latter was removed and subsequently arrested. All of these factors created an unstable legislative environment. The Governor vetoed two key measures supported by legislative leadership; an elections bill that re-created campaign leadership funds and an education measure that stripped job protection from teachers and linked teacher pay to testing. In turn, the Florida Senate rejected the Governor’s two appointments to the Public Service Commission (PSC), the House of Representatives refused to enact meaningful PSC reform, and the legislature in total challenged executive authority on a wide-range of issues. Given all of this, it is remarkable that the Session ended on-time. On the budget front, this year's $70.4 billion spending plan relied on a combination of spending cuts, federal stimulus money, an infusion of more than $400 million from the gaming compact with the Seminole Tribe of Florida, and a trust fund sweep of nearly $600 million. Budget preparations for the 2010-2011 Fiscal Year began with a projected deficit of $3.2 billion and legislative pledges of no tax or fee increases. The result was a budget that included no municipal support, few local interest projects, a relatively flat amount for public schools, and significant reductions in funding for health and human services. The Governor subsequently vetoed $371 million from the spending plan, including $160 million taken from the State Transportation Trust Fund. A similar dysfunction permeated policy deliberations. The legislature passed the second-lowest number of bills in recent memory and, although somewhat ameliorated, the lamentable practice of demonizing local governments continued. In the midst of this, I am pleased to report that the City of South Miami did remarkably well. My team and I successfully worked to re-assigning the $1.5 million originally allocated for a pedestrian overpass to at-grade improvements and secured the opportunity for other funding; obtained legislative approval for the Ludlum Road Historic Designation, Red Light Cameras, Green Corridors, and the Residency Requirements for Sexual Offenders and Predators. Additionally, we were able to enhance the City’s ability to strengthen its municipal authority, preserve the affordability of home and condominium ownership, establish important policy goals, and defeat legislation negatively impacting local governance. Following is a synopsis of items of particular interest to South Miami. Appropriations Pedestrian Overpass The former City Manager and I worked throughout the legislative session to either secure legislative language re-appropriating the $1,500,000 obtained for South Miami during the 2008 Legislative Session or garner a commitment from Miami-Dade County to seek Florida Department of Transportation (FDOT) approval to release said funds to South Miami. We used a coordinated approach whereby he dealt with the Director and staff of the Transit Department and I informed Miami-Dade’s chief lobbyist that we either had to receive an ironclad commitment or South Miami would be forced to seek legislative relief. This approach worked. Attached to this report is a letter from Miami-Dade to FDOT seeking re-assignment of the $1.5 million to the City of South Miami for at-grade pedestrian improvements. Approval of such was confirmed in a brief hallway conversation with Secretary of Transportation Stephanie Kopelousos that I arranged for Vice Mayor Valerie Newman and Commission Brian Beasley during their visit to Tallahassee. This item was a priority of South Miami and was included in the “2010 Legislative Action Plan.” Economic Development CS/SB1752, the comprehensive economic development legislation, creates a “Local Government Distressed Area Matching Grant Program” to provide a matching grant to a local government’s contribution or $50,000, whichever is less, to a business that will create at least 15 jobs and is located in a community suffering from unemployment and general economic distress. The total appropriation is $3 million. Stormwater and Wastewater Funding Line Item 1718 of the Florida Budget appropriates $163,386,374 to the “State Revolving Loan Fund” to provide below market rate loans to qualified local governments to remove, mitigate or prevent adverse effects on surface or ground water quality and public health. During our representation, South Miami has averaged $742,272 annually in direct legislative funding for stormwater or wastewater projects but this is only the second time in the past 16 years that critical line item support in this area was not appropriated. In last year’s End-of-Session report we detailed the modifications to Loan Fund program guidelines that would have to occur for the City to effectively access these dollars. Primary was to ensure that every community has a fair chance to qualify for funding and to expand the qualification for grants so that additional deserving communities may be able to implement their projects. During the legislative interim, I and many of my colleagues who also represent local governments successfully worked with the Department of Environmental Protection and as a result a series of rule changes were implemented to facilitate application procedures. Other local governments that we represent have benefited from the opportunities these changes present and for previous loans, after a politically sensible time period, we have successfully lobbied to waive subsequent payments (the City of North Bay Village is the most recent example when it received a pardon of $3,575,980 of its loan for new sewage pipes under Biscayne Bay). Because of the City’s success in securing line item appropriations South Miami has not had to avail itself of this model, but this new allocation presents an opportune time for the City to apply for the $2,000,000 necessary for the Sunset Drive Drainage Improvements and the Citywide Drainage Improvements – Phase VI. Our firm enjoys an excellent working relationship with Tim Banks, Program Administrator of the Bureau of Water Facilities Funding at the Florida Department of Environmental Protection, and if an application is submitted my team and I will work with the City Manager and DEP to facilitate the request for funding. Applications will be reviewed in either January or February of next year when there is a public hearing to consider these and similar applications from other communities. This item was a priority of South Miami and was included in the “2010 Legislative Action Plan.” .Florida Forever Line Item 1686A of the Florida Budget appropriates $15,000,000 for the Florida Forever program. This is the state’s conservation land-buying program and South Miami can employ those dollars for the acquisition of land for parks, recreation, open space, and conservation. This item was a priority of South Miami and was included in the “2010 Legislative Action Plan.” Florida Main Street Program Line Item 3070 of the Florida Budget appropriates $662,450 for Historic Preservation Grants. A part of that appropriation is to be used for the Florida Main Street program which provides funding support at $10,000 per community as well as technical assistance at a level up to $60,000 to encourage the revitalization of traditional, historic downtown and neighborhood commercial districts. If interested in pursuing this support, the City of South Miami should apply to the Bureau of Historic Preservation, Division of Historical Resources of the Florida Department of State. Advertising Matching Grants Program Line Item 2664 of the Florida Budget appropriates $26,647,961 to the Florida Commission on Tourism. A part of that appropriation is to be used for the “Advertising Matching Grants Program” to help smaller communities market themselves as tourist destinations. Municipalities with a population of 50,000 or less are eligible to receive grant awards of $2,500 per cycle. If interested in pursing this support, the City of South Miami should apply to Visit Florida. Florida Recreation Development Assistance Program Line Item 1686A of the Florida Budget appropriates an undetermined amount to fund the acquisition or development of lands and trails for public outdoor recreation purposes. New rules are being developed by the Department of Environmental Protection to focus more on outdoor recreation.  Applications are scheduled to be released in August with an anticipated due date in September. The maximum grant award is $200,000. South Miami has previously benefited from this program by receiving $837,845 for improvements to Dante Fascell, Palmer, and Murray Park(s). If interested in pursuing this support, the City of South Miami should apply to the Division of Parks of the Florida Department of Environmental Protection. This item was a priority of South Miami and was included in the “2010 Legislative Action Plan.” Legislation Transportation Ludlum Road Historic Designation Section 7 of HB5 designates Ludlum Road, between Bird Road and S. W. 136th Street in the cities of South Miami and Pinecrest as a “State Historic Road.” This item was a priority of South Miami and was included in the “2010 Legislative Action Plan.” Traffic Infraction Detectors (Red Light Cameras) CS/CS/HB325 authorizes the Department of Highway Safety and Motor Vehicles, counties, and municipalities to use cameras to enforce violations of a driver’s failure to stop at a traffic signal. The legislation requires signage at intersections using traffic infraction detectors, and provides that they may not be used to enforce violations when the driver is making a right turn in a careful and prudent manner. It further provides that notifications and citations to the registered owner(s) of motor vehicles must include the images indicating that the motor vehicle violated a traffic control device, and must offer a physical location or an Internet address where images or video may be reviewed. When a citation is issued, it may be challenged in a judicial proceeding in the same manner as other traffic violations. A contested citation upheld by the court may result in additional court costs and fees. The penalty for not stopping at a traffic signal is increased from $125 to $158 and the distribution to local governments of the revenue collected is $60.00 when a citation is issued by a law enforcement officer; $45.00 when the citation is issued by the Department of Highway Safety and Motor Vehicles; and $75.00 when the citation is issued by a county or municipality. Points may not be assessed against a driver's license and violations may not be used for purposes of setting motor vehicle insurance rates. A transitional period for those municipalities instituting a traffic infraction detector program on or before July 1, 2011 is provided. No company or individual may receive a commission or per-ticket fee from any revenue collected from violations detected through the use of a traffic infraction detector and a manufacturer or vendor may not receive remuneration based upon the number of violations. Every governmental entity that operates a traffic infraction detector must submit an annual report to the Department of Highway Safety and Motor Vehicles which details the results of the detectors and the procedures for enforcement. This item was a priority of South Miami and was included in the “2010 Legislative Action Plan.” Transportation System Surtax for On-Demand Transit Services Section 1 of CS/CS/CS/HB1271, the omnibus transportation bill, allows that the proceeds of discretionary transportation system surtax can be used for “planning, development, construction, operation, and maintenance of on-demand transportation services.” The legislation further defines “on-demand transportation services” as transportation provided between flexible points of origin and destination selected by individual users with such service being provided at a time that is agreed upon by the user and the provider of the service and that is not fixed-schedule or fixed-route in nature.” This means that the funds received by South Miami from the Citizens' Independent Transportation Trust can also be used to provide on-demand senior and disabled transportation services. Prior to this provision, there was no ability to use CITT dollars for this purpose. Camping on the Right-of-Way Section 23 of CS/CS/CSHB1271, the omnibus transportation bill, prohibits camping on any portion of the right-of-way of the State Highway System within 100 feet of a bridge, causeway, overpass, or ramp. This would prevent any person(s) from living under the Metrorail Overpass since US1 is managed by the Florida Department of Transportation. The language was intended to prevent a repeat of the Julia Tuttle Causeway situation. Transportation Projects on Public Roads CS/CS/SB1842 requires the Florida Department of Transportation to provide written notification to all affected property owners and municipalities of proposed changes to state highways when the project divides a state highway; erects a barrier median which would modify vehicle turning movements; or has the effect of closing or modifying existing access to commercial business property. Since South Miami is intersected by various state roads, this legislation is significant to the City. The written notification must be given at least 180 days before the design of the project is finalized and provide a written explanation regarding need. The Department is required to consult with the local government on its final design proposal and the municipality may present alternatives which must be considered in preparing the final design of the project. Public Safety Sexual Offenders and Predators CS/CS/HB 119 creates new restrictions for a person convicted of a sexual offense when the victim was under the age of 18. As originally introduced, the bill would have superseded local residency limits but the version that passed grandfathers local ordinances with regard to residency near schools, child care facility, playgrounds, or parks. Additionally, the legislation makes it a first degree misdemeanor for an offender to be loitering within 300 feet of a place where children congregate; makes it a first degree misdemeanor for an offender to approach, contact or communicate with a child under 18 in any public park building or playground with intent to engage in conduct of a sexual nature or to make a communication of a sexual nature; and, makes it a first degree misdemeanor for an offender to be in any child care facility or pre-K-12 school unless he or she has provided written notification. The legislation also defines the term “transient residence” in the sexual predator and sexual offender registration statutes and requires an offender to provide information regarding his or her transient residence during the registration process. An offender may not be forced to move if he or she is living in a residence that complies with the residency restrictions and a school, child care facility, playground or park is subsequently established within the boundaries of such restrictions. The bill also prohibits offenders from distributing candy to children on Halloween, wearing specified costumes, or entertaining at children’s parties without prior approval of the sentencing authority. This item was a priority of South Miami and was included in the “2010 Legislative Action Plan.” Community Residential Homes SB1166 is of limited application to South Miami since it defines a “planned residential community” as a local government approved planned unit development which is under unified control; is planned and developed as a whole; has a minimum gross lot area of eight acres; and has amenities that are designed to serve residents with a developmental disability. However, this legislation served as amendatory vehicle to protect residential neighborhoods from the clustering of “SOBER Living Homes.” These are alcohol and drug treatment residential facilities, mostly located in single-family neighborhoods, which as a consequence of the American with Disability Act (ADA) are exempt from local planning and zoning regulations. There has been a proliferation of these as out-of-state operators purchase distressed properties to house recovering addicts. At our urging, language requiring a distance of 1,000 feet from one SOBER Home to another was included by Rep. Kelly Stargel in CS/CS/HB 645, the House companion to SB1166, and Sen. Thad Altman attempted to incorporate an identical provision on his bill. The amendment was twice defeated on the floor of the Senate, but as a consequence of this effort the Florida Department of Children and Families has created a workgroup to examine SOBER Homes and recommend legislative changes to license and regulate them and to protect residential neighborhoods. Misrepresentation of Military Status CS/HB155 amends Florida’s “Solicitations of Contributions Act” to prohibit a person from falsely stating that he or she is a member of or represents any branch of the United States Armed Forces in connection with the planning, conduct, or execution of any solicitation or charitable contribution. Threats CS/HB317 adds the term “electronic communications” to Section 836.10, F. S., so that any threats to injure or kill a person sent electronically would be punishable by a second degree felony. Public Safety Telecommunications CS/CS/CS/SB742 creates a mandatory certification program for 911 public safety telecommunicators, whose job duties include answering, receiving, and transferring 911 calls, or dispatching emergency services. The bill provides for education and training standards, continuing education, discipline, fees and rulemaking authority. After October 1, 2012, individuals seeking certification must complete a 232-hour training program approved by the Department of Education, and pass an examination administered by the Department of Health. Dwellings Building Safety CS/CS/CS/CS/HB663, which passed on the final day of the Session, revises various laws regarding building safety. Particularly, the bill limits requirements for condominiums to retrofit elevators for Phase Two Firefighter Services until July 1, 2015, or previous to that if an elevator is replaced or requires major modifications. This is intended to reduce the financial burdens of condominium owners during the current economic downturn. Community Associations CS/CS/CS/SB1196 lowers the cost of owning a condominium by repealing the requirement to purchase individual unit owner insurance coverage, providing that certain low-rise condominium buildings with exterior corridors need not install a central fire alarm system, amending provisions relating to fire sprinklers, providing for additional forms of bulk communications contracts, and allowing associations to waive the requirement to provide alternative power supplies to elevators and alarms during emergencies. Previously, the law required older multi-family residential structures to retrofit units and common areas with fire sprinklers by 2012. It also provided that condominiums associations (by unit owner vote) could forever waive retrofitting of sprinklers in unit interiors, forever waive retrofitting of common areas in shorter buildings, and delay retrofitting of common areas in high-rise buildings until 2014. This bill allows the owners in a high-rise condominium to vote to forever waive retrofitting of the common areas with fire sprinklers, just like owners in shorter buildings are allowed. Additionally, the time for condominium associations who do not vote to forego retrofitting of either unit interiors or the common areas to comply with retrofitting requirements is extended from 2014 to 2019, and requires such associations to complete planning and permitting by 2016. Through our involvement, South Miami has been an integral part of City of Miami Beach Vice Mayor Jerry Libbin’s legislative campaign with regard to delinquent assessments owed to condominium associations at the time of foreclosure. This bill begins to address that by changing the amount of money banks owe to condominium associations from 6 months of a unit’s unpaid common expenses and regular periodic assessments or 1% of the original mortgage balance, whichever is less, to 12 months of a unit’s unpaid common expenses and regular periodic assessments or 1% of the original mortgage balance, whichever is less. Qualifying Improvements to Real Property CS/HB7179 authorizes local governments to levy voluntary non-ad valorem assessments to fund energy efficiency, renewable energy, and wind resistance improvements for property owners. It grants local governments the authority to issue debt, payable from revenues received from the improved properties, and to partner with one or more local governments. More commonly know as Property Assessed Clean Energy (PACE) the municipalities of South Miami, Coral Gables, Pinecrest, Palmetto Bay, and Cutler Bay are banding together to create a “Green Corridor” to spur this program. This item was a priority of South Miami and was included in the “2010 Legislative Action Plan.” Residential Fire Sprinklers CS/CS/CS/SB846 prohibits local governments from requiring the installation of automatic fire sprinklers in newly constructed one-family and two-family residential dwellings and townhouses. The bill further prohibits a local government from requiring a property owner to install fire sprinklers in any residential property based on its use or reclassification as a rental property. Citrus Canker Eradication HB1013 removes all mention of the citrus canker eradication program from Florida Statutes. This puts a definitive end to the program. Public Employment Insurance CS/CS/SB 2176 makes changes to various insurance laws. Of specific application to South Miami is a provision dealing with the Disability Presumption for Law Enforcement Officers. Current law establishes that certain diseases (tuberculosis, heart disease, and hypertension) acquired by an officer is presumed to have been suffered in the line of duty. The bill provides that a law enforcement officer who suffers from one of the enumerated diseases and materially departs from the prescribed course of treatment of his or her physician, and the departure is demonstrated to result in an aggravation of his or her condition, loses the presumption for claims after July 1, 2010. Public Retirement Plans HB1319 and SB1902 sought to make changes to how municipal retirement plans are offered, organized, funded and administered. These bills were in response to the dire financial straits faced by most local governments and the fact that pensions account for about 10% of municipal budgets. Because of shrinking tax revenues and investment losses, many cities are experiencing pension shortfalls and having to allocate general revenue to meet this obligation. Neither of the bills passed, but the Senate has indicated that an “Interim Report” will be conducted to recommend legislative changes on how to more align public retirement plans with those offered by private employers. Additionally, Florida TaxWatch has assembled a 36 member task force on government cost savings with pension reform being at the top of its agenda. After the November elections, with a new Governor and a different Legislature, pensions are likely to get a major overhaul. Some of the items under consideration are authorizing municipalities to establish defined contribution retirement plans, modifying membership requirements for municipal Board of Trustees, increasing requirements for police officer and firefighter member contributions, tying pension increases to the consumer price index, calculating pensions only on base salary, and increasing the retirement age. This item was a priority of South Miami and was included in the “2010 Legislative Action Plan.” Taxes Local Revenue Restrictions/TABOR SJR2420 by incoming Senate President Mike Haridopolos called for a Constitutional Amendment to limit state and local government revenues. There was no companion in the House of Representatives. When the bill was heard in its first committee of reference, Sen. Haridopolos amended it to only limit state, and not local government revenues. The bill was not subsequently considered. It will again be on the legislative agenda next year. Our report from last year details how passage of TABOR would eviscerate South Miami’s ability to operate an effective government. This item was a priority of South Miami and was included in the “2010 Legislative Action Plan.” Online Hotel Tax Collections HB1231 and SB2436 would have overturned efforts to require online travel firms to pay sales and tourist related taxes on the full price of rooms they book. The bills would have defined an internet reservation service provider in a manner as to not require them to remit said taxes. Tax on Communications and Utility Services CS/SB2024 reduces the rate of the communications service tax from 6.8% to 6.65%. This reduction will reduce local government revenues, on a statewide basis, $2.3 million in the 2010-11 Fiscal Year and $2.5 million on an annual recurring basis. Taxation CS/HB5801 directs the Department of Revenue to develop and implement an amnesty program for taxpayers subject to state and local taxes. The program will be in effect for a three month period beginning on July 1st of this year and shall apply to tax liabilities due prior to that date. The Revenue Estimating Conference calculated that new revenues to local governments will be, on a statewide basis, $7.1 million in the 2010-11 Fiscal Year and that $1.9 million of that will be on an annual recurring basis. Erosion of Local Authority Growth Management Section 46 of SB1752 stipulates that a development order issued by a local government and local government building permits that have an expiration date from September 1, 2008 to January 1, 2012 are extended for a period of two years after their previously scheduled date of expiration. If a permittee, however, is in significant non-compliance after a warning letter or other formal enforcement, then the extension does not apply. Finally, the bill makes clear that any permit extension does not impair the authority of a county or municipality to require the owner of a property receiving an extension to maintain the property in a safe and sanitary manner. Sovereign Immunity CS/SB260 raises the limited waiver of sovereign immunity applicable to the state, its agencies, and subdivisions from $100,000 per individual claim and $200,000 per aggregate claims to $200,000 per individual claim and $300,000 per aggregate claim on the collectability of any tort claim. Local Government Prompt Payment Act CS/HB1157 revises provisions in Florida’s Local Government Prompt Payment Act relating to the timely payment for purchases of construction services, the notification and completion of the list of items required to satisfactorily complete the construction services purchased by a local government (generally known as a “punch list”), and the resolution of disputes. The legislation has been worked on for several years by lobbyists for local governments and its most onerous aspects were removed. In summary, contractors are now required to send to a local government an overdue notice for payment. If the notice is not rejected by the local government within four business days after delivery, the payment request is deemed accepted except for any portion that may be misleading. The local government must identify a single employee or facility to which the contractor submits its payment request and can reject the payment request within 20 days after receipt. Outdoor Advertising CS/CS/CS/HB1271 amends the statute concerning outdoor advertising but does not pre-empt local regulation of outdoor advertising, including billboards, bus benches, or signs. This item was a priority of South Miami and was included in the “2010 Legislative Action Plan.” Bert J. Harris Act No legislation was filed that weakens or removes the sovereign immunity provisions in the Bert J. Harris Act. This item was a priority of South Miami and was included in the “2010 Legislative Action Plan.” My team and I are privileged to represent South Miami and are proud of our history of success. We are particularly appreciative of the Mayor, Vice Mayor, and Commissioners Beasley and Harris joining us in Tallahassee to help advance the City’s legislative agenda. Please be assured that we will follow all of the budget and policy items and their implementation and keep you abreast of any developments. As always, please do not hesitate to contact me if you have any questions or desire additional information.