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Home My Public Portal AboutLTC 051-2017 Legislative Session Week 1 Report - March 6-10, 2017BAL HARBOUR - VILLAGE - OFFICE OF THE VILLAGE MANAGER LETTER TO COUNCIL NO. 051-2017 To: Mayor Gabriel Groisman and Members of the Village Council From: Jorge M. Gonzalez, Village Manager Date: March 17, 2017 Subject: Legislative Session Week 1 Report - March 6-10, 2017 The purpose of this Letter to Council (LTC) is to transmit the attached Legislative Session Week 1 Report provided by Ron L. Book. If you have any questions or need any additional information, please feel free to contact me. JMG/AC Ronald L. Book, P. if LOW Offl(ES PROFESSIOnill BSSO(IBi100 2017 Session Week 1 Report On behalf of all of us at Ronald L. Book, P.A., we would first and foremost like to extend our appreciation for the continued opportunity to represent Bal Harbour Village. Enclosed is our 2017 Session, Week 1 Report, including an update on the budget request for the Village, and a summary of bills affecting Bal Harbour. Please let us know if you have questions on issues included in this report, or on any other issue of concern. We will be happy to provide information to you. Bal Harbour Village Funding Request: The House budget process is an entirely new process this Session. For each budget request, an extensive form was to be filled out, which we worked to complete with Village staff. The House then required the budget requests to be filed by a House member, which then in turn, became its own stand-alone budget bill. The budget request was filed in the House by Representative Geller. The House budget bills, over the course of the 60 -day Session, will be heard and voted on in the corresponding committees of reference. At that point, the budget item becomes eligible to be considered for funding in the House budget. In the Senate, the process is largely the same as it has been in the past. A form was to be filled out, which we completed, and was to also be submitted by a Senate member. The budget request was filed in the Senate by Senator Campbell. This action alone enables the item to be eligible for funding within the Senate budget. The Senate will also hear each budget item in each committee of reference. In working with Village staff, we have submitted one (1) water project request this session and have included an update below, including links to the House forms, and the House bills. ➢ HB 3395 - Water Project: Bal Harbour Village Sanitary Sewer System Improvements is sponsored by Representative Geller, and in the Senate, by Senator Campbell. This budget request would partially fund the sanitary sewer improvements throughout the Village. The Village will be matching this amount with approximately 97% in local and other funding. These system wide improvements will substantially reduce the potential for sewer contamination into the environment due to leaks and line breaks in the 70 -year -old system. The new sewer system will ensure the continued health, safety and welfare of the Village residents and its visitors which has a substantial economic impact to the region and to the state. Local Match: 97% Amount Requested: $850,000 The House bill has been referred to two committees: House Agriculture and Natural Resources Appropriations Subcommittee and the House Appropriations Committee. HB 3395 bill link: https://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName= h3395 .docx&Docum entType=Bill&BillNumber=3 3 95 &Session=2017 Harbour Centre 118851 N.E. 29th Ave., Ste. 1010 I Aventura, FL 33180 Phone: 305.935.1866 I Fax: 305.935.9737 104 West Jefferson Street I Tallahassee, FL 32301 Phone: 850.224.3427 I Fax 850.224.3361 House Budget Request Form link: https://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=0728.pdf&DocumentTyp e=Bill&Session=2017&BillNumber=3395 In the Senate, we have made the preliminary presentation for this water project, making it eligible to be considered for funding. We anticipate a House hearing in the next few weeks, as Session moves forward. Beach Renourishment/The Village Sand Bypass Project: Our firm will be meeting in the upcoming week with County officials to address the need to update the County master plan. Beach Renourishment/Proposal for a Statewide Funding Restructure for Coastal Management: SB 1590 (Latvala) HB 1213 (Peters) Senator Latvala, Chairman of the Senate Appropriations committee presented his goal this week, to restructure the method by which beach renourishment is funded. The proposal would require the Department of Environmental Protection to develop a new three-year plan for beach repairs. It also would refocus attention on sand management at inlets and seek a revision in a ranking system so the most serious erosion problems are prioritized. The legislation would allocate $50 million a year for beach restoration, and the money would come from the state's Land Acquisition Trust Fund. The $50 million proposal would be a minimum funding level, and also matches the Governor's proposal for beach renourishment in his overall proposed budget for this Session. The requested amount for beach projects this cycle is approximately $73 million from local governments. Both bills were filed this week. Public Records/Attorney's Fees: We continue to voice the Village focus on allowing for discretion of the court to determine fees, particularly in cases that the court has determined the request was made to cause litigation against the local government. Two bills are moving through the committee process, and are summarized below. SB 80 (Steube) SB 80 as amended in committee during week 1, grants some discretion to a court to award attorney fees and costs relating to public records. In determining whether the local government unlawfully refused to allow public records to be reviewed and/or copied, it requires the court to consider if the request was made in bad faith, or made to harass the local government in order to cause a violation, and the court is required to determine that the local government responded in good faith. As amended, greater discretion is given to the court, with language that states that the court may assess and award reasonable attorney fees if the complaint was filed in bad faith. Additionally, it gives the complainant the responsibility to show by a preponderance of evidence that the local government intentionally refused to permit access to public records. Lastly, in this case, if the court does find that the local government intentionally refused to allow access to view and copy public records, the court shall assess reasonable costs against the local government, including attorney fees. CS/SB 80 will be heard on 3/14 in the Senate Judiciary committee. CS/SB 80: http://flsenate.gov/Session/Bill/2017/80/BillText/c1/PDF Two similar bills are filed, HB 163 (Burgess) and SB 246 (Garcia) -2- HB 163 (Burgess) is the companion bill moving in the House. This bill would provide that a court must assess and award the reasonable costs of enforcement, including reasonable attorney fees, against the responsible agency if it determines that: • The agency unlawfully refused to permit the public record to be inspected or copied; and • The complainant provided written notice identifying the public record request to the agency's custodian of public records at least 5 days before filing the civil action, except as provided below. Lastly, the bill provides that a court may not assess and award any reasonable costs of enforcement, including reasonable attorney fees, against the agency if the court determines that the request to inspect or copy the public record was made primarily to harass the agency or cause a violation of ch. 119, F.S. HB 163 has passed its first committee of reference. SB 246 has not been heard to date. Vacation Rentals: SB 188 (Steube) and HB 425 (LaRosa) would preempt all local ordinances regarding vacation rentals that were enacted since June 1, 2011. SB 188 has been referred to three committees: Regulated Industries; Community Affairs; Rules HB 425 has been referred to three committees: Agriculture and Property Rights Subcommittee; Careers and Competition Subcommittee; Commerce Committee SB 188 has not been heard to date. HB 425 will be heard on 3/14 in the Agriculture and Property Rights Subcommittee. -3-