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02-15-05 Item 41 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 32 33 34 35 36 37 38 39 40 41 42 43 M RESOLUTION NO. A RESOLUTION OF THE CITY OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, URGING MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT THE FOLLOWING GROWTH MANAGEMENT ISSUES DURING THE 2005 LEGISLATIVE SESSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Florida's Growth Management Act was created in 1985 in an effort to create a blueprint for growth in Florida's cities and counties; and WHEREAS, cities and counties plan for future growth through local comprehensive plans, but there is no defined state plan that provides an overall growth management strategy; and WHEREAS, as Florida's population continues to increase, cities are challenged to meet the infrastructure needs to account for new growth and development, but there is no infrastructure revenue source dedicated to municipalities; and WHEREAS, counties, school districts, or the state of Florida control every funding source that has been authorized for implementing growth management capital improvements and complying with concurrency requirements; and WHEREAS, Governor Jeb Bush and Florida's House and Senate leaders have made growth management reform a top priority for the 2005 legislative session NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1: That the Mayor and the City Commission urge Governor Jeb Bush and members of the Florida Legislature to support legislation as part of a comprehensive growth management package that: • Establishes a process for the county commission and the municipal governing authorities within a county to jointly levy local government infrastructure surtax within their jurisdictions to fund infrastructure improvements. • Authorizes municipalities to levy a real estate transfer fee for infrastructure improvements. • Repeals the fuel adjustment charge exemption from the municipal public service tax. • Revises concurrency requirements or adequately funds needed infrastructure. Additions shown by underlining and deletions shown by over . 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 32 33 34 35 36 37 38 39 40 • Ties state funding and budget allocations to articulated state growth management policies. In other words, no more public expenditures that are inconsistent with articulated growth management policies. • Revises the Sustainable Communities Certification Program to encourage, not discourage, cities from participating.. • Creates a state comprehensive plan that articulates state planning goals and policies with measurable benchmarks. • Grants cities greater flexibility and less state oversight in pursuing growth management strategies. Section 2.: That a copy of this resolution shall be provided to Governor Jeb Bush, Senate President Tom Lee, House Speaker Allan Bense and members of the Florida Legislature. PASSED AND ADOPTED this 15th day of February, 2005. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: ITS O_• Commission Vote: Mayor Russell: Vice Mayor Palmer: Commissioner Wiscombe: Commissioner Birts- Cooper: Commissioner Sherar: J: \My Documents \resolutions \resolution supporting Legislative Priorities.doc Page 2 of 2 Municipal infrastructure-funding options Streamlining growth management process Funding for implementation of growth management requirements ► Defining the role of state government ► Establishing regional oversight Other Priorities Article V Reform Community Redevelopment Agencies Disability Presumption /Smoking Social Security Numbers /Privacy Water Quality and Water Quantity Workers' Compensation LHI The League will support legislation, as part ofe comprehensive growth management package, which addresses one or more of the following � Qamfml StataG,owtbK&mnagenneniPlan - Thextatecomprehensive Plan should be eliminated and replaced with a state plan that articu|ates state comprehensive planning goals and po|icien'vvith measurable benchmarks for eva|uaUng progress. State budgeting decisions should be tied tothe revised state | pan. � Identification mf State Interests ' The state should identify areas of compelling state interest and limit its reviewto such areas. The Legislature should identify an appropriate lead agency or agencies for each compelling state interest and should require each lead agency to prepare supporting materials, which may include maps where appropriate, as necessary to identify and delineate the compe||ing state interests within its jurisdiction. p Sustainable Communities CeutificmtKonProgrmmm - The Sustainable Communities Certification Program should be revised sothat local governments are encouraged, not discouraged, fromentering the program. � Reduce Duplication of Local Government Services ' The Legislature should discourage county governments from assuming municipal government functions and reoponsibi|ibes, and reaffirm the role of municipalities as the primary providers of municipal services. Regional Oversight The League believes the Legislature shouldreexaminethenzleofregiona enUties,suchasregiona|p|anningcounci|sandwatermanegementdisthcts, in growth management policies and programs. li� Regional Planning Councils (RPCs)' The BPCn should replace the role of the state in determining if a local plan is consistent with state and negiona| policies. |n that event, the composition of RPC governing boards needs tobe revised to ensure that municipal interestsare adequately represented. � Enhance Regional Planning ' Regional policy plans should berevised, updated and strengthened. Among other things, such plans should define appropriate areas for urban development. ll� Water Management D|strUotm - VVatermanagementdiutrictgoveming boards should have municipal representation. Infrastructure Funding The League believes the greatest failure in developing Florida's growth management policy in the inconsistency between the planning objectives and the fiscal policies ado ptedtosuppo� these planning ef�.��Aplanning process alone, h no matter mwcomprehensive, will not produce the desired results without the proper tools and adequate funding. Therefore, the League will support legislation, as part ofacomprehensive infrastructure-funding package, which addresses one or more of the foUowing: ll� Local GmwennmmemdDnfmmstnmotmnaSmrtax - Estab|ishaprocess for the county commission and the municipal governing authorities within a county to jointly levy local government infrastructure nurtax within their jurisdictions to fund infrastructure improvemen�n. li, Real Estate Transfer Surtax ' Authorize municipalities to levy areal estate transfer fee for infrastructure improvements. � Fuel Adjustment Exemption/Public Service Tax ' Repeal the fue| adjustment charge exemption from the municipal public service tax. � Cmmounrenmy Infrastructure 'The Legislature should revise concurrency requirements or adequately fund needed infrastructure. li� Prioritization oXState Resources ' State funding and budget allocations should support articulated state growth management policies. In other words, no more public expenditures that are inconsistent with articulated growth management policies. Streamlining Growth Management The League believes that growth management has become overly burdened with process requirements and reporting mandates. The result is a process that has become compliance driven rather than performance driven. Therefore, the League will support legislation, as part of a comprehensive growth management package, which addresses one or more of the following recommendations: ► Local Flexibility - The Legislature should grant qualified local governments greater flexibility and less state oversight in pursuing growth management strategies. ► Advisory Role for the State - The Department of Community Affairs should be limited to an advisory role with respect to certain local government growth management decisions. ► Development of Regional Impact (DRI) - Exempt certain projects that are located within urban service boundaries from DRI review. Funding for Implementation of Growth Management Requirements The state has never funded the costs to local government of implementing the 1985 Growth Management Act. Technical assistance money has been meager to nonexistent. Rather than addressing these funding deficiencies since its enactment, the state has increased, not decreased, local government responsibilities under the Act. Chapter 163 grows lengthier with each passing legislative session. The League will support legislation, as part of a comprehensive growth management package, which addresses one or more of the following: ► Technical Assistance - State agencies should provide greater technical assistance to local governments in complying with state growth management laws and in pursuing innovative planning strategies, including providing model land development regulations and providing training for local decision makers and citizens. ► Municipal Incorporations - Provide a new recurring state funding source to help newly incorporated municipalities prepare their first comprehensive plans. ► Funding for Comprehensive Plans and Evaluation and Appraisal Reports (EARS) - Provide recurring state funding to support municipalities' processing of state - mandated comprehensive plans and EARs. Othello i M Alt §62f' V a tsea e : rA a Le 2 of Cities will support legislation ci 'fit M access o the state court system to pursue enforcement of local ordinances with minimal state interference, such as the required payment of fling fees or charges. The League will also support legislation to increase fine distributions to municipalities, increase fine amounts for ordinance violations, and establish a division of circuit / county court dedicated to local ordinance violations. Community Redevelopment Agencies - The Florida , Loague f Cit es III support legislation that preserves the Home Rule authority of municipalities to create and effectively use community redevelopment agencies (GRAS) to redevelop and revitalize their urban areas, including the authority to use tax increment financing. Furthermore, the Florida League of Cities supports local control and resolution of any disputes between local governments over CRAs and their financing. Disability Presumption /Smoking - The Florida League of ti pport legislation that limits disability presumptions to persons w „ark free from the date of their certification as a firefighter, law aer or correctional officer, under either chs. 633 or 943, F.S. fF ' g WFIF SocaalSecurat rsfPr��racy MME {o�'aa League of Cities will support 1e r late ri r_ A he oisbl MT s "119.0721, F.S., that currently i p authorize the release of social security numbers to business enterprises under Florida's Public Records Law. Water Quality - The Florida League of Cities will support legislation that facilitates the ability of impaired waters to meet "exceed state water quality standards, through implementation of a Totdil :Maximum Daily Load (TMDL) Program that: ►. Is implemented in conjunction with a re' view oF"and reclassification of the designated uses of waters in the State of Florida; ws stakeholders that participate in good faith in a basin iJagement action plan to be held harmless from third -party lawsuits e e t g to enforce TMDL requirements; Rewires TMDL allocations and reductions to be based professionally accepted scientific methodologies and jj& data; and '�/ u ► Requires a local government's responsibilities under the TMDL E LeffiWative 10 "M KO . ...... IM Dates are subject to change. 17M ...... . .... . 01,101" rng, a!p ROO k John Charles Thomas Director Legislative & Public Affairs Department (850) 224-6779, ext. 139 J E-mail: jthomas@flci4L! es.com John Wayne Smith Assistant Director Legislative & Public Aflairs Department Municipal Finance and Taxation (850) 224-6779, ext. 136 E-mail: jsmith@flcities.com 1181 1 i . E Dee Carper Senior Legislative Advocate Legislative &. Public Affairs Department Intergovernmental Relations (850) 224 -6779, ext. 114 E -mail: dcarper@flcities.com Scott Dudley Senior Legislative Advocate Legislative & Public ,affairs Department Transportation & Urban Administration (850) 224 -6779, ext. 138 E -mail: sdudley@flcities.com Nw, Dvmk �wh L 05 Rebecca O'Hara Assistant General Counsel Legal Department Environmental Quality (850) 224-6779, ext. 128 E-mail: rohara@flci+:I-s.com Jenny Anderson Legislative Assistant Legislative & Public Affairs Department Legislative Coordination (850) 224-6779, ext. 119 E-mail: jandei-son@flc;ties.com I i i Legislative & Public Affairs Department (850) 224 -6779, ext. 292 E -mail: rhall@flcities.com Legislative & Public Affairs Department (850) 224 -6779, ext. 144 E -mail: tmaxei2@flcities.com IMR This brochure reflects the priorities o[ Florida's 4O8 municipalities, as prepared by the six standing policy committees and adopted by the full membership at the Florida Lao0oe of Cities' 44th Annual Legislative Conference on November 19, 2004, in Orlando. The Florida League cf Cities, |nc, formed in 1922, represents the municipalities cfFlorida. Its mission ishz concentrate the influence of all cih( town and village officials upon other po|ioymoking bodies for the purpose of shaping legislation and public policy, sharing the advantages o[ cooperative action, and exchanging ideas and experiences. For more information on the League's legislative initiatives, please contact: Florida League of Cities P(}. Box l757 Tallahassee, FL323O2'l757 Phone: /85[A222-9684 Fax: (85O) 222'38Oh E-mail: legislative@flcities.com Visit the League's Web site at www.ficities.com.