HomeMy Public PortalAboutLTC 038-2014 - Legislative PrioritiesSAL H1BOUR
F LORI D ''S PARADI S E
OFFICE OF THE VILLAGE MANAGER
NO.038-2014 LETTER TO COUNCIL
TO: Mayor Martin Packer and Members of the Village Council
FROM: Jorge M. Gonzalez, Village Manager
DATE: December 22, 2014 a/
SUBJECT: 2015 Legislative Priorities
The purpose of this Letter to Council (LTC) is to inform you that the incoming Florida House
Speaker, Steve Crisafulli has set the schedule for the 2015 Florida Legislative Session.
Committee weeks have been scheduled for the weeks of January 51h and 20" and February
2nd 91n and 161h. The 60 day regular session will begin on March 3, 2015.
As we did last year, I have asked our Tallahassee Representative, Ron Book to meet with
each of you to answer any questions you may have leading up to the session and also
solicit from you any specific issues you may wish to have him focus on our behalf as we
develop our Legislative Agenda for 2015.
I expect to have an item on the January Council Agenda to formally adopt the Bal Harbour
Legislative Agenda for 2015.
For you information, attached is the Legislative Agenda adopted last year, as well as the
report Mr. Book provided to us at the end of the session.
Some topics for your consideration are:
• Water Projects Funding
• Sewer Projects Funding
• Stormwater Projects Funding
• Florida Department of Transportation Issues
• Short Term Rental Legislation
• Pension Reform
• Potential legislative fixes to the gated community issues (creation of association)
• Miami Dade League of Cities Priorities (attached)
• Florida League of Cities Priorities (attached)
• Miami Dade Schools Priorities (attached)
• Others
As you know, Paula Rodriguez has been working to coordinate time on your calendar.
Please let me know if you need additional information.
RESOLUTION NO. 2014-798
A RESOLUTION OF THE VILLAGE COUNCIL OF BAL
HARBOUR VILLAGE, FLORIDA, AMENDING THE
ADOPTED VILLAGE'S LEGISLATIVE AGENDA FOR THE
2014 FLORIDA LEGISLATIVE SESSION; PROVIDING
FOR IMPLEMENTATION; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the State of Florida Legislative Session will convene on March 14,
2014; and
WHEREAS, many important issues will be considered effecting municipal
governments; and
WHEREAS, the Village Council desires to express it's interests and concerns in
legislative matters being considered before the State Legislature.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF BAL
HARBOUR VILLAGE, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. That the above stated recitals are
hereby adopted and confirmed.
Section 2. Legislative Agenda Adopted. That the Bal Harbour Village
Legislative Agenda as revised for the 2014 Session of the Florida Legislature, in
substantially the form attached hereto as Exhibit "A", is hereby adopted.
Section 3. Implementation. That the Village Manager is directed to
transmit a copy of this Resolution to the Village's Lobbyist Ron Book and to take any
further action necessary to implement the purpose of the Legislative Agenda and this
Resolution.
Section 4. Effective Date. That this Resolution shall become effective
upon ratification.
PASSED AND ADOPTED this 181h day of February, 2014.
ATTEST:
Ellisa Horvath, MMC, Village Clerk
Bal Harbour Village —Resolution No. 2014-798
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
r
Villa aAttorney'
Weiss Serota Helfman Pastoriza Cole & Boniske, P.L.
Reviewed and Approved by Village Attorney Matthew Pearl
Bal Harbour Village —Resolution No. 2014-798
EXHIBIT "A"
The 2014 Village Legislative Agenda seeks to address issues in the following areas:
1. Stormwater Projects — Seek state funding for projects within the Village that
mitigate any stormwater, water or flooding issues.
2. Beach Renourishment — Seek state funding for the Village beach
renourishment long term plan, which consists of two priorities:
a. Barriers / baffles
b. Sand Transfer Operation
3. Landscaping and Beautification — Seek grant funding through the Florida
Recreation Development Assistance Program (FRDAP) and the Florida
Communities Trust Program (FCT) for park funding, landscape and beautification
efforts.
4. Traffic Signalization — Encourage the Florida Department of Transportation to
provide more `pedestrian friendly" signalization along State Road A1A (Collins
Avenue) and State Road 922 (96th Street).
5. Pension Reform — Support local control of municipal pensions.
6. Red Light Camera Enforcement Program — Support the existing red light
camera enforcement program, and maintain local oversight of the program.
7. Tax Revenue — Oppose any efforts to scale back or repeal revenue sharing of
taxes levied by the state such as the Local Business Tax, the Communications
Business Tax, or other similar revenue source.
8. Public Art with State Road Al A Median — Seek legislation that would clarify
and allow a municipality to place artwork within the median of State Road All A,
within the Village Limits.
9. Discharge of Firearms — Seek legislation that would protect neighborhoods by
preventing gun ranges or the recreational discharge of firearms within residential
communities.
Bal Harbour Village — Resolution No. 2014-798
RoRdld L, Book, P. N.
100 ol€I€€S
RROI€S 100010110UBi109
MEMORANDUM
To: Jorge Gonzalez, Manager
Bat Harbour Village
From: Ronald L. Book, Esq.
Kelly C. Mallette
Rana G. Brown
Date: May 30, 2014
RE: 2014 Legislative Session — Final Session Report
On behalf of Ronald L. Book, P.A., we would like to first and foremost extend our appreciation for the
continued opportunity to represent Bat Harbour Village.
The 2014 Legislative Session ended at 10:39 pm on Friday, May 2nd, bringing to a close a session that
for 60-days, went at a breakneck pace, in spite of taking off all of week 7. Although there were some
strong policy differences amongst the House and Senate leadership, the two chambers, along with
Governor Scott, generally worked amicably together to address priority issues, including: the state's
budget, tax reductions, Veteran's benefits, child welfare reform, reform of the state's sexual offender and
predator laws, and in -state tuition for immigrants. Included for your review at the end of this report, is a
detailed breakdown of the State budget as passed. We will be happy to provide you with additional detail
on any of the issues herein.
On the last day of Session, the legislature approved a record $77.1 billion budget for fiscal year 2014 -
2015, an increase over the FY 2013 record budget of $74.5 billion. The Governor officially received the
budget and must act by 6/4, but we expect budget action to be early next week.
Water Project: We are pleased to report that the Bat Harbour Village Sanitary Sewer Improvements
water project is funded at $600,000.
Harbour Centre 118851 N.E. 29th Ave., Ste. 1010 1 Aventura, FL 33180
Phone: 305.935.1866 1 Fax: 305.935.9737
104 West Jefferson Street I Tallahassee, FL 32301
Phone: 850.224.3427 1 Fax 850.224.3361
LEGISLATIVE ISSUES
Below are issues that affect all local governments. Please contact us should you need any farther
information on legislation covered in this report or any other legislation.
Issues Covered Within This Report:
• Pension Reform
• FRS Pension Reform
• Local and Municipal Pension Reform
o Insurance Premium Tax Revenue Restructure
o "Naples" Letter
• Medicaid Affordable Care Act
• Affordable Care Act Navigators
• Assisted Living Facilities
• County Medicaid Contributions
• Sexual Predators And Offenders
o Involuntary Civil Commitment of Sexually Violent Predators
o Sexually Violent Predators
o Sexual Offenses Against The Most Vulnerable
o Convicted Sexual Offender Requirements
o Athletic Coaches for Youth Athletic Teams
o Sexual Offenses Against Students by Authority Figures
o Human Trafficking
o Termination of Parental Rights
o Sexual Predator And Offender's Drivers Licenses
• Hit and Run — Leaving the Scene of a Crash — The Aaron Cohen Life Protection Act
• Gaming
• Taxi, Chauffeured Limousines and Uber Preemption of Local Governments
• Red Light Cameras
• Economic Development — Taxation
o Public Education Capital Outlay (DECO)
o Local Business Tax
o A three-day back -to -school sales tax holiday on clothes and school supplies from Aug. 1-3,
saving shoppers $40 million
o Sales tax holiday on energy -efficient appliances from Sept. 19-21
o Sales tax holiday on hurricane preparedness supplies from May 31-June 8 for items such as
generators worth $750 or less
o Eliminates sales tax for child car seats and bicycle helmets
o Eliminates sales tax for college meal plans
o Eliminates sales tax medicinal pet food
o A three-year exemption of the sales tax on cement trucks
o Increases tax credits to aid Habitat for Humanity
o Increases tax credits to aid the New Markets incentive program
o Reduces the tax on prepaid calling plans
o Cuts taxes on uncollectable debt on credit cards issued by retailers
o Premium tax cuts for title insurers ($5.5 million) and bail bonds ($700,000)
• Economic Development I Motor Vehicle and Mobile Home Taxes, Fees, and Surcharge
• Abandoned or Unclaimed Property
• Growth Management, Local Initiative and Referendum Process
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Issues Covered Within This Report: (Continued)
• Stadium Financing I Professional Sports Facilities
• Vacation Rentals Regulation
• Joint Municipal Governing Body Meetings
• Environmental Regulation
• Springs Restoration Funding
• Springs Regulation
• Preference in the Award of State Contracts
• Exemptions for new developments from concurrency fees, impact fees or proportionate share
requirements
Space Florida
Sober Homes
FY 2014 — 2015 State Budget Summary
FRS Pension Reform I Local and Municipal Pension Reform
FRS Pension Reform: Late in the Session, the House leadership combined the two pension reform bills
in the hopes of passing the more controversial FRS Pension reform proposal along with the agreed -upon
municipal pension reform package. Ultimately, no pension reform passed this session.
This combined legislation, included language from HB 7178 and its companion SB 1114, which proposed
significant changes to the Florida Retirement System and HB 7179 and its companion SB 246, an agreed
upon local government municipal pension reform plan, which changes how local governments could use
their insurance premium tax revenue to enhance pensions for police and firefighters.
The major pension reform proposals for the FRS pension system in SB 1114 and HB 7178 would have
required elected officers, except judges, who take office after July 1, 2015, to go into the 401(k)-style
investment plan. Regular employees could still go into the "defined benefit" pension plan, but vesting for
that system would be increased from eight years to 10, and the "default" position for those making no
choice when hired would be changed from the FRS to the investment plan. Currently, employees who
make no choice would default into the pension plan. In the proposal, new employees defaulting into the
investment plan would have been allowed nine months to change their minds and go into the traditional
pension plan.
Below are the parameters of the local and municipal pension reform proposals which were agreed to
during session by the Florida League of Cities, various union groups and key legislators. Again, no
pension reform passed this session.
Insurance Premium Tax Revenue Restructure: SB 246 by Senator Ring, as a stand-alone bill, not
combined with the FRS proposal. This bill would amend provisions specifying how insurance premium
tax revenues must be used in police and firefighter pension plans. Both bills with the below compromise
were heard and passed their respective committees late this week. This compromise makes it clear that
through collective bargaining, if mutual consent is reached regarding how premium tax revenues are
allocated, then the formula for spending these revenues spelled out in this bill, is not needed.
"Naples" Letter: On the issue of the Naples Letter interpretation, the Senate and House leadership have
worked out a compromise with the cities and unions agreeing that the Naples letter is it is subject to legal
challenge or political change, and therefore needed to be addressed in statute, rather than relying on
agency interpretations. This compromise grandfathers in local governments who have received a similar
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"Naples Letter" by March 1, 2014, and allows these municipalities to continue to act with that
interpretation.
Medicaid Affordable Care Act: At the start of the session several business groups joined a broad
coalition of hosiitalshealth care providers_ and community advocacygro_ups to encourage the Legislature
to expand Medicaid as per the Affordable Care Act. Despite the efforts of all, legislative leadership
decided early on that without some additional flexibility from the federal government, they would
continue to not consider expansion. Ultimately, the leadership did not propose any legislation to expand
Medicaid and bills filed by Senator Garcia and Representative Murphy were not heard.
Affordable Care Act Navigators: While Florida does have a process for registering Affordable Care Act
Navigators, the Department of Health (DOH) has not authorized Navigators to reach clients on DOH
grounds. The DOH has not changed their position on this issue. This issue goes hand -in -hand with the
Medicaid expansion issue above. Expansion legislation was not considered.
Assisted Living Facilities: Early in the session, the Senate passed its version of an Assisted Living
Facility (ALF) bill, SB 248, a comprehensive bill addressing issues in ALF. The House version, which
was approved toward the end of April, also included several other health care issues. Despite attempts by
the sponsors to reach compromise on the issue, and their efforts to amend the proposal onto other various
health care related bills, the chambers could not agree and the legislation died in the closing days of
session.
County Medicaid Contributions: No legislation was introduced related to the County Medicaid
Contribution issue this session.
Sexual Predators And Offenders: On the opening day of Session, the Senate took up and passed a series
of four bills aimed at sexual predators. The House then passed these during week two, and on April 1, the
first day of Sexual Assault Awareness Month, the Governor signed these into law. Additional legislation
was passed further restricting sexual predators and offenders. Our firm was at the forefront of this issue.
Our firm has long been the leader in Florida, along with Lauren Book, and the Lauren's Kids
organization, on any and all issues pertaining to the regulation of sexual offenders and predators, bringing
the intricate loopholes in the law to the forefront of the legislative agenda and working to advance
solutions for each, with a virtually flawless success rate.
Below is a summary of each of the bills passed this Session.
Involuntary Civil Commitment of Sexually Violent Predators: SB 522 by Senator Grimsley and HB
7019 by Representatives Hutson, Campbell, Cummings, Kerner, and McBumey, primarily deals with the
Jimmy Ryce Act, also known as the civil commitment statute, increasing the accountability in an
evaluation process to determine whether an offender should be committed civilly following the criminal
sentence they are serving. Additionally, this bill requires the Department of Children and Families to
notify victims and law enforcement when the person is released.
This bill authorizes and requires a state attorney to refer these released offenders for civil commitment;
requires the agency with jurisdiction over a person who has been convicted of a sexually violent offense
to give written notice to the multidisciplinary team as soon as practicable after receipt into custody in a
county or municipal jail facility; provides for these released offenders to be taken into custody by the
Department of Children and Families; and requires the Department of Corrections to collect recidivism
information and include the information in their annual report.
SB 522 was approved by the Governor; Chapter No. 2014-2, and takes effect July 1, 2014
Sexually Violent Predators: SB 524 by Senators Sobel and Detert and HB 7021 by Representatives
Harrell, Eagle, Cruz, Cummings, Kerner, McBumey, Nunez, and Wood. This bill is titled the 'Protecting
Our Children and Adults from Sexual Predators Act", and requires the Department of Children and
Families to provide training to the members of the multidisciplinary team; requiring the multidisciplinary
team to provide thestate with a written assessment and recommendation as to whether a person
meets the definition of a sexually violent predator; requiring Florida College System institutions, state
universities, and career centers to inform students and employees of the Florida Department of Law
Enforcement sexual predator and sexual offender registry website and the toll -free telephone number.
SB 524 was approved by the Governor; Chapter No. 2014-3, and takes effect July 1, 2014.
Sexual Offenses Against The Most Vulnerable: SB 526 by Senator Bradley and HB 7027 by
Representatives Gaetz, Adkins, Clelland, Cruz, Cummings, Kerner, McBumey, Nunez, Rangel, and
Steube, mandates a 50-year sentence for people who rape children, the developmentally disabled or the
elderly. The mandatory minimum for raping children is now 25 years.
Additionally, this bill authorizes orders limiting testimony in open court and in depositions if the victim
or witness was a child under 16 years of age when a sexual offense occurred; imposes a 50-year
mandatory minimum sentence for dangerous sexual felony offenders; provides that voyeurism includes
secretly observing another person's intimate areas in which the person has a reasonable expectation of
privacy, when the other person is located in a public or private dwelling, structure, or conveyance;
authorizing the court to require a sexual offender or sexual predator who is on probation or community
control to undergo an evaluation to determine whether the offender or predator needs sexual offender
treatment.
Current law authorizes the court to issue protective orders regarding the testimony of a victim or witness
who is under 16 years of age or who has an intellectual disability, and to set conditions in taking that
testimony, to include the assistance of a registered service or therapy animal. This bill adds a provision to
include sexual offense victims or witnesses under the age of 16 to give testimony with the assistance of a
registered service or therapy animal.
SB 526 was approved by the Governor; Chapter No. 2014-4, and takes effect October 1, 2014.
Convicted Sexual Offender Requirements: SB 528 by Senator Evers and HB 7025 by Representatives
Eagle, Adkins, Cruz, Cummings, Kerner, McBumey, and Nunez, imposes further registration
requirements for convicted sexual offenders to bring Florida law further in line with the federal Adam
Walsh Act.
Specifically, this bill requires the Department of Law Enforcement to inform the clerk of the court if a
person petitioning for a name change has registered as a sexual predator or sexual offender, provides that
voluntary disclosure of specified information waives a disclosure exemption for this information; adds
additional offenses to the list of sexual predator qualifying offenses; requires disclosure of additional
information during the sexual predator registration process; and provides criminal penalties for
knowingly providing false registration information by act or omission.
SB 528 was approved by the Governor; Chapter No. 2014-5, and takes effect October 1, 2014.
Athletic Coaches for Youth Athletic Teams: SB 358 by Senator Ring clarifies the definition of"athletic
coach" to include coaches, assistant coaches, and referees. It requires independent sanctioning authorities
to conduct level 1 background screenings for each current and prospective athletic coach and prohibits the
authority from delegating this responsibility to individual teams.
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The bill provides that athletic coaches may not act as athletic coaches unless a background screening has
been completed which did not result in disqualification of the coach. It authorizes the independent
sanctioning authority to allow a disqualified person to act as an athletic coach if the authority determines
that the persons meets the requirements for an exemption from disqualification set forth in s. 435.07, F.S.
It requires that the sanctioning authority maintain the results of screenings and notices of disqualification
for at least 5 years.
SB 358 was signed by the Governor; Chapter No. 2014-9 and takes effect July 1, 2014.
Sexual Offenses Against Students by Authority Figures: HB 485 by Representative Raburn and SB
698 by Senator Stargel, provides for enhanced penalties offenses if a sexual offense against a student is
committed by an authority figure of a school against a student of the school.
Section 943.0435, F.S., lists numerous offenses that qualify a person as a sexual offender (e.g., sexual
battery, lewd or lascivious offenses, video voyeurism, etc.). The bill reclassifies the offenses listed in s.
943.0435, F.S., if the offense is committed by an authority figure of a school against a student of the
school. The offenses are reclassified as follows:
• Third degree felonies are reclassified as second degree felonies;
• Second degree felonies are reclassified as first degree felonies; and
• First degree felonies are reclassified as life felonies.
The bill also requires a reclassified offense to be ranked one level higher in the Offense Severity Ranking
Chart, and provides the following definitions:
• "Authority figure" means a person 18 years of age or older who is employed by, volunteering at,
or under contract with a school;
• "School" has the same meaning as provided in s. 1003.01 and includes a private school as defined
in s. 1002.01, a voluntary prekindergarten education program as described in s. 1002.53(3), early
learning programs, a public school as described in s. 402.3025(1), the Florida School for the Deaf
and the Blind, the Florida Virtual School as established under s. 1002.37, and a K-8 Virtual
School as established under s. 1002.415. It does not include facilities dedicated exclusively to the
education of adults; and
• "Student' means a person under the age of 18 who is enrolled at a school.
HB 485 passed and is awaiting action by the Governor, and would take effect October 1, 2014.
Human Trafficking: HB 989 by Representative Trujillo amends a variety of statutes that currently
provide protections to victims of sexual offenses, to extend those protections to victims of human
trafficking. Specifically, the bill:
• Amends s. 39.01(67), F.S., to ensure that the definition of "sexual abuse of a child" used in
dependency proceedings includes "allowing, encouraging, or forcing a child to participate in
commercial sexual activity," as provided in the human trafficking statute;
• Amends s. 92.56, F.S., to protect court records involving human trafficking of a minor for labor
or human trafficking for commercial sexual activity;
• Amends s. 960.065(2), F.S., to specify that compensation claims filed by persons engaged in an
unlawful activity at the time of the crime upon which the claim is based are not eligible for an
award, unless the victim was engaged in prostitution as a result of being a victim of human
trafficking for commercial sexual activity; and
• Amends s. 960.199, F.S., to specify that victims of human trafficking of a minor for labor or
human trafficking for commercial sexual activity are eligible for victim relocation assistance.
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HB 989 passed and is awaiting action by the Governor, and would take effect October 1, 2014.
Termination of Parental Rights: Within the Child Welfare bill, SB 1666 by the Senate Committee on
Children, Families, and Elder Affairs; and co sponsored by Senators Sobel and Gibson, is language that
amends current statute regarding termination of parental rights. This language specifies that if the parent
is convicted of an offense that requires the parent to register as a sexual predator under s. 775.21, which
will now constitute grounds for the termination of parental rights.
Pending action by the Governor, this provision would take effect on July 1, 2014.
Sexual Predator And Offender's Drivers Licenses: Within the Department of Highway Safety and
Motor Vehicle (Department) omnibus bill, HB 7005, is language that includes the following requirement
for drivers licenses of sexual predators and sexual offenders:
For Sexual Predators and Offenders, the Department must add the following to the front of drivers
licenses:
• For asexual predator -the marking "SEXUAL PREDATOR." "775.21, 86 F.S."
• For a sexual offender - the marking "943.0435, F.S."
HB 7005 passed and is awaiting action by the Governor, it would take effect July 1, 2014.
Hit and Run — Leaving the Scene of a Crash — The Aaron Cohen Life Protection Act: SB 102 by
Senator Diaz de la Portilla and HB 183 by Representative Nelson enhances the penalties for leaving the
scene of a crash which results in serious bodily injury, from a 3 d degree felony to a 2nd degree felony.
Additionally, this bill accomplishes the following:
• Imposes a mandatory minimum term of imprisonment of four years for a driver convicted of
leaving the scene of a crash resulting in the death of a person;
• Increases the mandatory minimum term of imprisonment from two to four years for a driver
convicted of leaving the scene of a crash resulting in the death of a person while driving under the
influence (DUI);
• Imposes a minimum driver license revocation period of at least three years and driver
education requirements for leaving the scene of a crash;
• Ranks offenses for leaving the scene of a crash one level higher than specified in the
Criminal Punishment Code if the victim of the offense was a "vulnerable road user";
• Authorizes a defendant to move the court to depart from the mandatory minimum term of
imprisonment for leaving the scene of a crash resulting in death, unless the violation was
committed while the defendant was DUI; authorizing the state to object to the defendant's
motion; and authorizing a court to grant the motion upon a finding that imposition of the
mandatory minimum term would constitute or result in an injustice.
SB 102 passed and is awaiting action by the Governor, it would take effect July 1, 2014.
Gaming: No gaming legislation was passed this year. The Appropriations Committee met during week 8
to consider SB 742 by Senator Sobel, which would require the Division of Pari-mutuel Wagering keep
specific records of greyhound racing injuries and enhance the penalties within the prohibition on the use
of medication or drags on animals. Also, the bill revises procedures for testing animals for medication or
drugs.
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In this committee, an amendment was offered to effectively `decouple' or separate the requirement that a
minimum number of greyhound races must be run in order to maintain the license to operate other forms
of gambling. As this amendment was brought up, Senator Latvala called for a point of order, stating that
the amendment was not germane to the bill and that it violated a single subject requirement. Senator
Negron the Chairman of the committee asked Senator Thrasher, the Rules committee chairman, for an
official ruling on the point of order. Senator Thrasher agreed and the amendment was withdrawn.
SB 742 passed the committee with a vote of 12 — 4. SB 742 passed the full Senate on the final day of
Session, but was never taken up by the House and did not pass.
Taxi, Chauffeured Limousines and Uber Preemption of Local Governments: SB 1618 by Senator
Brandes, HB 1389 by Representative Grant, including various amendments proposed throughout Session
on several transportation bills.
The Taxi, Limousine, and Uber preemption of regulation fight took on many variations this session, but
ultimately none passed. Our firm was key in a session long, no holds barred fight against preemption
issues, meeting several times with any and all legislators involved in any aspect of this issue, amounting
to hundreds of meetings. Our firm relentlessly focused on maintaining local government regulation of for -
hire car services, including taxis and limousines. This was a high priority of your Airport Director to
defeat.
SB 1618 by Senator Brandes and HB 1389 by Representative Grant, known as the Uber bills, were very
broadly drawn, preempting all local governments from regulation of this industry. As originally filed,
these bills specifically proposed to preempt to the state, regulation of the taxi industry, of chauffeured
limousines, limousine services and drivers of chauffeured limousines. The bills would have also required
the Department of Highway Safety and Motor Vehicles to regulate the industry.
Uber, promoted itself throughout session as an app-based ride service, therefore not a car service,
allowing them to make the argument against any regulation as a car service, such as set flat rates, set
guaranteed rates, driver or commercial vehicle insurance, which in turn allowed for what is known as
surge pricing, a way for Uber to set their own rates for any time, at any level. Additionally, customers
wishing to use Uber must have a smart phone or computer, and use a credit card only, which excludes
major sections of the very diverse community in South Florida and across the state. Also ambiguous, was
whether Uber would have to comply with mandatory wheel chair accessible vehicles, as they would not
be subject to the same regulations as taxis.
Our firm led the charge in pushing the Florida Association of Counties and the Florida League of Cities
throughout session, alerting these groups to mobilize many times when variations of deregulation and
preemption of this industry arose.
An additional example of these variations were preemption of local governments from enforcing or
imposing any regulations for chauffeured limousines hired digitally via smartphone app through a service
such as Uber, Lyft or Sidecar, allowing these transportation services to charge unregulated fares, operate
without appropriate levels of insurance coverage and without any safety inspections.
Throughout Session, considering the multiple transportation bills moving through the process, the threat
of what was dubbed "Uber" amendments was weekly. Our firm was successful in fighting off random
amendments that were proposed and amendments before proposal, and as stated above, our firm fought
throughout session, and ultimately, no bills passed preempting local governments from car service
regulation.
No legislation passed preempting local governments regulation of for -hire car services.
Red Light Cameras: HB 7005 by Representative Artiles and SB 1272 by Senator Brandes, is the
omnibus transportation bill that addresses a number of issues within the purview of the Department of
Transportation. In addition tothe taxi, limousines_and _Uber_preemption issue_ above, -two -issues that were _
in the original bill that affect local governments were red light camera program revisions and parking
meters utilized by local governments on state roads. Our firm was key in pushing leadership and members
of the Transportation committee to maintain the red light camera program. These issues are not in the
final version of this bill.
The red light camera proponents were in perpetual motion, making adjustments and changes to proposals
in modifying and doing away with the program overall. Mid -session for example, HB 7005, the red light
camera section was modified to require local governments to use 30% of the revenues from tickets issued
by red light cameras for traffic safety related issues. As originally filed, HB 7005, would have reduced the
portion of revenue for cities and counties using red light cameras from $75 per ticket to $45 per ticket,
with the remaining funds going to local governments to be used to satisfy contractual agreements. In a
later version, Representative Artiles amended the bill to maintain the level at $75 but to prevent local
governments from using more than 30 percent of those revenues for non -traffic safety purposes. A
previous version of the bill created a moratorium on any new cameras, specifically preventing cities and
counties from setting up new cameras.
Lastly, SB 144 by Senator Brander was the stand alone bill that effectively did away with the red light
camera program. This bill did not pass. It would have put strict regulations on how a program was run,
regulations on the cameras, and required a DOT engineering study to be completed to determine if other
methods used were ineffective before a red light camera could be considered.
Our firm was instrumental in defeating these bills. No red light camera legislation was passed this year.
Economic Development — Taxation: HB 5601 by the House Finance and Tax Subcommittee which was
chaired by Representative Workman, passed both the House and Senate on the last day of Session and is
expected to be signed by the Governor. This bill contains an additional $105 million in tax cuts. HB 156,
which includes $395 million cut to vehicle registration and title fees, (summarized below), and HB 5601
combined, hit the mark of $500 million in tax cuts as proposed by the Governor last fall.
This bill includes the following:
• Public Education Capital Outlay (DECO) - the bill includes a provision that transfers energy
tax revenues to help the PECO fund which pays for construction and maintenance projects at
schools and universities.
Local Business Tax — Also included in this bill, is language that would allow local governments
to repeal or reduce the level of local business taxes by a simple majority vote of the governing
body. Currently, the law requires the creation of an equity study commission of the local
business community, requires this commission to review and study the reduction and make a
recommendation to the local government. All requirements that are in place to raise the local
business tax, remain the same.
Additionally, the bill includes the following tax cuts:
A three-day back -to -school sales tax holiday on clothes and school supplies from Aug. 1-3,
saving shoppers $40 million
Sales tax holiday on energy -efficient appliances from Sept. 19-21
4IM
" S a l e s t a x h o l i d a y o n h u r r i c a n e p r e p a r e d n e s s s u p p l i e s f r o m M a y 3 1 - J u n e 8 f o r i t e m s s u c h a s
g e n e r a t o r s w o r t h $ 7 5 0 o r l e s s
" E l i m i n a t e s s a l e s t a x f o r c h i l d c a r s e a t s a n d b i c y c l e h e l m e t s
" E l i m i n a t e s s a l e s t a x f o r c o l l e g e m e a l p l a n s
" E l i m i n a t e s - s a l e s t a x m e d i c i n a l p e t f o o d
" A t h r e e - y e a r e x e m p t i o n o f t h e s a l e s t a x o n c e m e n t t r u c k s
" I n c r e a s e s t a x c r e d i t s t o a i d H a b i t a t f o r H u m a n i t y
" I n c r e a s e s t a x c r e d i t s t o a i d t h e N e w M a r k e t s i n c e n t i v e p r o g r a m
" R e d u c e s t h e t a x o n p r e p a i d c a l l i n g p l a n s
" C u t s t a x e s o n u n c o l l e c t a b l e d e b t o n c r e d i t c a r d s i s s u e d b y r e t a i l e r s
" P r e m i u m t a x c u t s f o r t i t l e i n s u r e r s ( $ 5 . 5 m i l l i o n ) a n d b a i l b o n d s ( $ 7 0 0 , 0 0 0 )
H B 5 6 0 1 w a s s i g n e d b y t h e G o v e r n o r ; C h a p t e r N o . 2 0 1 4 - 3 8 , a n d t a k e s e f f e c t u p o n b e c o m i n g l a w , u n l e s s
s p e c i f i c a l l y a d d r e s s e d w i t h i n t h e b i l l .
E c o n o m i c D e v e l o p m e n t I M o t o r V e h i c l e a n d M o b i l e H o m e T a x e s , F e e s , a n d S u r c h a r g e : H B 1 5 6
s p o n s o r e d b y S e n a t o r N e g r o n , C h a i r o f t h e S e n a t e A p p r o p r i a t i o n s c o m m i t t e e , i s a b i l l t h a t c o n t a i n s a
$ 3 9 5 m i l l i o n c u t t o v e h i c l e r e g i s t r a t i o n a n d t i t l e f e e s . F e e s w i l l b e r e d u c e d a n a v e r a g e o f $ 2 5 s t a r t i n g
S e p t e m b e r 1 , f o r t h o s e r e g i s t e r i n g a m o t o r v e h i c l e , v e s s e l o r m o b i l e h o m e . T h e f e e r e d u c t i o n s w i l l t a k e
e f f e c t S e p t e m b e r 1 , 2 0 1 4 . I n c i d e n t a l l y , 7 5 6 , 0 0 0 d r i v e r s i n F l o r i d a w h o o p t e d f o r a t w o y e a r r e n e w a l o f
t h e i r v e h i c l e r e g i s t r a t i o n , a r e s p e c i f i c a l l y p r e v e n t e d f r o m r e c e i v i n g a r e b a t e i n t h i s b i l l .
T h i s b i l l h a s p a s s e d a n d w a s a p p r o v e d b y t h e G o v e r n o r ; C h a p t e r N o . 2 0 1 4 - 6 , a n d a s n o t e d a b o v e , t a k e s
e f f e c t S e p t e m b e r 1 , 2 0 1 4 .
A b a n d o n e d o r U n c l a i m e d P r o p e r t y : O u r f i r m a m e n d e d l a n g u a g e i n t o S B 2 1 8 t h a t w o u l d a l l o w f o r t h e
d i s p o s i t i o n o f u n c l a i m e d p r o p e r t y f o u n d o n a p u b l i c t r a n s p o r t a t i o n s y s t e m . U n c l a i m e d p r o p e r t y f o u n d b y
a p u b l i c t r a n s p o r t a t i o n s y s t e m m u s t b e h e l d f o r 9 0 d a y s , b u t t h e r e i s n o m e t h o d o f d i s p o s a l i n s t a t u t e .
U n c l a i m e d p r o p e r t y i s c o m m o n f o r p u b l i c t r a n s p o r t a t i o n s y s t e m s a n d h o l d i n g s u c h p r o p e r t y i s l o g i s t i c a l l y
d i f f i c u l t a n d s t o r a g e c o s t s c a n b e c o s t l y , f o r e x a m p l e , e s p e c i a l l y w i t h b i c y c l e s l e f t o n b u s s e s . H o l d i n g
p r o p e r t y f o r 9 0 d a y s g i v e s t h e o w n e r a m p l e t i m e t o s e e k o u t t h e i r l o s t p r o p e r t y . T h i s t i m e f r a m e o f 9 0
d a y s i s t h e t i m e f r a m e m i r r o r e d i n o t h e r i n s t a n c e s i n s t a t u t e , s u c h a s a b a n d o n e d p r o p e r t y i n a i r p o r t s , a n d
u n i v e r s i t i e s .
S B 2 1 8 p a s s e d , a n d i s a w a i t i n g a c t i o n b y t h e G o v e r n o r . T h i s b i l l w o u l d t a k e e f f e c t J u l y 1 , 2 0 1 4
G r o w t h M a n a g e m e n t , L o c a l I n i t i a t i v e a n d R e f e r e n d u m P r o c e s s : S B 3 7 4 b y S e n a t o r D e t e r t a n d H B
1 8 9 b y R e p r e s e n t a t i v e B o y d , r e m o v e s t h e p r o h i b i t i o n a g a i n s t l o c a l i n i t i a t i v e a n d r e f e r e n d u m p r o c e s s e s
r e l a t e d t o c o m p r e h e n s i v e p l a n a m e n d m e n t s a n d m a p a m e n d m e n t s . C u r r e n t l a w a l l o w s l o c a l i n i t i a t i v e s a n d
r e f e r e n d u m s i f t h e y w e r e i n e f f e c t o n J u n e 1 , 2 0 1 1 ; a f f e c t m o r e t h a n f i v e p a r c e l s o f l a n d ; a n d w e r e
e x p r e s s l y a u t h o r i z e d f o r c o m p r e h e n s i v e p l a n o r m a p a m e n d m e n t s i n a l o c a l g o v e r n m e n t c h a r t e r . T h e b i l l
r e m o v e s t h e r e q u i r e m e n t t h a t t h e i n i t i a t i v e o r r e f e r e n d u m a f f e c t m o r e t h a n f i v e p a r c e l s o f l a n d .
S B 3 7 4 p a s s e d a n d i s a w a i t i n g a c t i o n b y t h e G o v e r n o r , a n d w o u l d t a k e e f f e c t u p o n b e c o m i n g l a w .
S t a d i u m F i n a n c i n g I P r o f e s s i o n a l S p o r t s F a c i l i t i e s : H B 7 0 9 5 s p o n s o r e d b y R e p r e s e n t a t i v e P a t r o n i s a n d
i t s c o m p a n i o n , S B 1 2 1 6 b y S e n a t o r L a t v a l a , p a s s e d b o t h H o u s e s . T h i s l e g i s l a t i o n t o o k o n m a n y
i t e r a t i o n s , b e t w e e n H o u s e a n d S e n a t e n e g o t i a t i o n s , w i t h t h e S e n a t e a n d H o u s e l e a d e r s h i p , t h e i n d i v i d u a l
b i l l s p o n s o r s , a n d m e m b e r s o f b o t h H o u s e s . B e l o w i s a s u m m a r y o f t h e m a j o r p o i n t s o f t h i s l e g i s l a t i o n ,
a f f e c t i n g l o c a l g o v e r n m e n t s .
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HB 7095 as passed, creates the Sports Development Program to be administered by the Department of
Economic Opportunity, (DEO), to provide state funding for the purpose of constructing, reconstructing,
renovating, or improving a professional sports facility owned by a local government or a facility owned
by a private entity_that_is located on land owned by a local government._
• Spring Training: The bill amends s. 288.11631, F.S., to allow that agreements made between an
applicant and a spring training franchise may be signed at any time before the expiration of any
existing agreement with a spring training franchise for use of a facility if the applicant has never
received state funding for the facility as a spring training facility under the state's spring training
programs and the facility was constructed before January 1, 2000.
The bill provides that if bonds were issued to construct or renovate a facility for a spring training
franchise, any reimbursement required by a franchise that relocates before the expiration of its
agreement with an applicant certified under s. 288.11631, F.S., must be equal to the total amount
of state distributions expected to be paid from the date the franchise breaks its agreement with the
applicant through the final maturity of the bonds.
The bill prohibits applicants from receiving multiple certifications through s. 288.11631, F.S.
However, the bill provides that an applicant certified for use of its facility by one spring training
franchise may apply to amend its certification for use of its facility by more than one spring
training franchise. The maximum amount of state incentive funding to be distributed may not
exceed $50 million for a certified applicant with a facility used by multiple spring training
franchises.
The bill amends s. 212.20, F.S., to increase the monthly disbursement caps for applicants certified
under s. 288.11631, F.S., and to shorten the time period that a certified applicant may receive
such disbursements. DOR may distribute up to $83,333 monthly for up to 20 years for a facility
used by a single spring training franchise, or up to $166,667 monthly for up to 25 years for a
facility used by multiple spring training franchises.
Local Government half -cent sales tax: The bill amends s. 218.64, F.S., to allow municipalities
and counties to expend portions of the local government half -cent sales tax for reimbursing the
state as required by the program. In addition, s. 218.64, F.S., is amended to increase the amount
of the local government half -cent sales tax that may be allocated to funding by counties for
certified applicants under the new or retained professional sports franchise program, the
motorsport entertainment complex program, or the spring training baseball franchise program, or
for reimbursing the state through the Sports Development Program from $2 million to $3 million.
Regulations designating the Facility as a Shelter Site for the Homeless: The bill amends s.
288.1166, F.S., to limit the occurrences during which a sports facility constructed with financial
assistance from the state may be used as a shelter for the homeless in accordance with the criteria
of a locally existing homeless shelter program to periods of a declared federal, state, or local
emergency. Under existing law, a sports facility could not be used for such purpose if the facility
was otherwise contractually obligated for a specific event or activity. The bill expands these
restrictions to include the facility being designated or used by the county owning the facility as a
staging area and if the county that owns the stadium determines it owns or operates enough
homeless assistance shelters to meet the sheltering needs of homeless persons within the county.
HB 7095 has not yet been transmitted to the Governor to date, but we have all assurances that he will sign
this legislation into law. It would take effect upon becoming law.
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Vacation Rentals Regulation: SB 356 by Senator Thrasher, and HB 307 by Representative Hutson
repeals the provisions in current law that prohibit local laws, ordinances, or regulations that restrict the
use of vacation rentals or that regulate vacation rentals based solely on their classification, use, or
-------occupancy. The _amendment_maintains the _current_prohibition_against local laws, ordinances, or
regulations that prohibit vacation rentals.
The bill prohibits local governments from regulating vacation rentals or the frequency of rentals or to set
minimum stay requirements of greater than seven days. It also removes the exemption in the bill for any
local law, ordinance, or regulation adopted on or before June 1, 2011.
The amendment does not repeal the exemption for local laws, ordinances, or regulations exclusively
relating to property valuation as a criterion for vacation rental if the law, ordinance or regulation is
required to be approved by the Department of Community Affairs (DCA) pursuant to an area of critical
state concern designation.
SB 356 passed and is awaiting action by the Governor, it would take effect July 1, 2014.
Joint Municipal Governing Body Meetings
SB 730 by Senator Galvano and HB 503 by Representative Pigman authorizes a municipal governing
body to hold joint meetings with the governing body of the municipality's home county or the governing
body of other municipalities to discuss and act on matters of mutual concern at a place and time
prescribed by ordinance or resolution. This week, the bill was amended to also allow municipalities to
meet within the boundaries of another municipality to discuss issues of a mutual interest.
SB 730 was approved by the Governor; Chapter No. 2014-14, and takes effect July 1, 2014.
Environmental Regulation: HB 703 by Representative Patronis, was a highly controversial bill which
among other issues, would have limited local government's ability to regulate land use, development, and
water regulations. This bill was modified several times, and all versions were summarized throughout the
Session in our weekly reports. SB 1462 and HB 703 did not pass.
Springs Restoration Funding: $30 million for Springs Restoration is funded through the Department of
Environmental Protection. The Department would be required to provide a prioritized list of springs
projects that best represents all geographic regions of the state, with an emphasis on equal spending
between urban and agricultural areas to protect the quality and quantity of water that flows from springs.
Additionally, legislation that would have required stricter regulation on septic tanks located near springs
did not pass. This legislation is summarized below.
Springs Regulation: SB 1576 sponsored by Senator Dean and Cosponsored by Senators Abruzzo,
Altman, Hays, Montford, Simmons and Soto was another highly controversial environmental bill, guided
through the process by Senator Dean and Senator Simmons. The additional regulation required in every
version of this bill combined with the allocated funding of approximately $365 million, the level of
regulation was such that even though the funding was meant to streamline costs to the consumer, the
funding would not have covered all costs, and therefore the responsibility would have fallen on local
governments to fund the difference. This would have meant millions in costs to cities and counties. The
Florida League of Cities and other groups were involved from the beginning as well, voicing strong
opposition.
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The overall goal of this bill would have required advanced sewage treatment for septic tanks in areas with
polluted springs, by preventing groundwater over pumping. Late in Session, the funding was removed
from this bill which drew opposition from several groups such as the Florida Chamber of Commerce, the
Florida League of Cities and the Florida Association of Counties.
This bill did pass the full Senate, it never truly took hold with members of the House, as they maintained
their preference for a more statewide approach. The House companion, HB 1313, sponsored by
Representative Brodeur, was never heard. This legislation was never taken up by the House and did not
pass.
Preference in the Award of State Contracts: SB 612 by Senator Hays and HB 801 by Representative
Fitzenhagen would override local preference laws in cities and counties when awarding construction
contracts using state money. This bill was amended to remove the previous language including
`construction services' as preference based businesses as stated in the original bill. However, the bill was
amended to provide that the state preemption of local preference laws and regulations, will only be
triggered by competitive solicitations for personal property or construction services that utilize state funds
to pay for 20 percent or more of the total cost. This bill did not pass.
Exemptions for new developments from concurrency fees, impact fees or proportionate share
requirements: HB 7023 by Representative Hutson and its companion SB 1634, a Senate committee bill
that came out of the the House Commerce and Tourism committee and the Military and Veterans Affairs,
Space, and Domestic Security committees relates to economic development, and in that light, exempts
specific new businesses from complying with impact fees, concurrency or proportionate share
requirements.
Additionally, this bill contains provisions intended to assist small business development, small cities, and
rural areas; and modifies several programs administered by the Department of Economic Opportunity
(DEO) to assist employers, improve accountability, and conform to federal requirements. Specific to local
governments, this bill does the following:
Exempts new small business development from having to comply with impact fee, concurrency
or proportionate share requirements for transportation impacts for three years.
Directs DEO to distribute Small Cities CDBG Program grants and loan guarantees through a
competitive selection process established by rule and revises provisions in the program to provide
greater flexibility in addressing the diverse community and economic development needs of
Florida's rural communities.
Space Florida: Lastly, provisions in HB 7023 require Space Florida to consult with VISIT Florida in
developing a space tourism marketing plan, and allows Space Florida and VISIT Florida to enter into a
mutually beneficial agreement to implement such a plan.
Additionally, the bill authorizes, rather than requires, Space Florida to develop a proposal for a Center of
Excellence for Aerospace. Space Florida will still be directed to work with public and private universities
and other public or private entities to promote the research necessary to develop commercially promising,
advanced, and innovative science and technology for the purpose of transferring any advancements or
discoveries to the commercial sector.
HB 7023 passed and is awaiting action by the Governor. This bill would take effect July 1, 2014 unless
otherwise specified within the bill.
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Sober Homes: SB 582 by Senator Clemens and HB 479 by Representative Hager, would have required
sober house transitional living homes (sober houses) to annually register with the Department of Children
& Families, with an annual fee capped at $200. in order to operate in the state. The bill also created a a
criminal penalty for operating without a valid certificate of registration. The bill defined "recovery
residencCS'�""registrable components," nd_"iesidential dwelling units." The bill would have authorized_
DCF to conduct inspections, and issue, deny, suspend, or revoke a certificate of registration, and would
have required personnel of a sober house to comply with level 2 background screening. Staff did not
calculate the fiscal impact of this bill, but did state that it would likely be significant. This bill did not
pass.
FY 2014 — 20151 STATE BUDGET SUMMARY:
Included below is a detailed breakdown of the FY 2014 — 2015 State Budget as passed on May 2, 2014. The
Governor must act on this budget and will do so in the next few weeks. We will be happy to provide you with
further detail on any of the issues outlined below.
• TOTAL BUDGET: Estimated $77.1 billion [$27.9 billion General Revenue (GR); $49.2 billion Trust
Fund (TF)].
• TOTAL RESERVES: $3.1 billion Total Reserves as a Percentage of General Revenue: 10.3 percent
• $1.35 billion Working Capital
• $214.5 million Budget Stabilization Transfer (Fiscal Year 2014-2015 transfer)
• $923.3 million Budget Stabilization Fund (Estimated June 30, 2014 balance based on anticipated transfers)
• $607 million Lawton Chiles Endowment Fund (Estimated June 30, 2014 balance)
CIVIL AND CRIMINAL JUSTICE Total Budget: $4.66 billion
Funds Guardian ad Litem staffing to support program's plan to serve all children in dependency - $6.1
million GE, 105.5 FTE Funds Children's Advocacy Centers services, including medical team services -
$3.5 million OR
Funds District Courts of Appeal critical maintenance and repairs, security enhancements, and partial
construction of new DCA building - $10.7 million GR
Funds the Criminal Justice Estimating Conference's (CJEC) prison population forecast for DOC in FY
2013-14 and FY 2014-15
Department of Juvenile Justice Total: $551.4 million
• Provides funds to replace lost federal funds for behavioral health overlay and health services for non -
secure residential programs - $18.2 million GR
• PACE Center for Girls expansion - $2 million GR
• CINS/FINS expansion in underserved areas - $3.4 million GR
• Boys and Girls Clubs - $4.5 million OR
• Big Brothers/Big Sisters - $1.1 million GR
Guardian Ad Litem Total: $43.4 million
• Staffing to support program's plan to serve all children in dependency - $6.1 million GR, 105.5 FTE
State Attorneys Total: $425 million
• Crimes against the elderly prosecution unit - $162K GE, 3 FTE
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" D r u g d i v e r s i o n u n i t - $ 7 0 0 K T F , 1 I F T E
P u b l i c D e f e n d e r s T o t a l : $ 2 0 7 . 6 m i l l i o n
" C r o s s - c i r c u i t r e p r e s e n t a t i o n _ p i l o t p r o j e c L - $ 2 0 5 Y G R , 2 E T E
E D U C A T I O N T o t a l A p p r o p r i a t i o n s : $ 1 8 . 8 b i l l i o n ( $ 1 4 . 5 b i l l i o n G R ; $ 4 . 3 b i l l i o n T F )
T o t a l F u n d i n g - I n c l u d i n g L o c a l R e v e n u e s : $ 2 9 . 8 b i l l i o n ( $ 1 8 . 8 b i l l i o n s t a t e f u n d s ; $ 1 1 b i l l i o n l o c a l )
E a r l y L e a r n i n g S e r v i c e s T o t a l : $ 1 b i l l i o n ( $ 5 5 5 . 6 m i l l i o n G R ; $ 4 6 6 . 1 m i l l i o n T F )
" V o l u n t a r y P r e k i n d e r g a r t e n P r o g r a m - $ 3 9 6 . 1 m i l l i o n G R ; $ 5 4 I n c r e a s e i n t h e B S A
" S c h o o l R e a d i n e s s P r o g r a m - $ 6 2 5 . 6 m i l l i o n ( $ 1 5 9 . 5 m i l l i o n G R ; $ 4 6 6 . 1 m i l l i o n T F )
P u b l i c S c h o o l s / K 1 2 F E F P T o t a l F u n d i n g : $ 1 8 . 9 b i l l i o n ( $ 1 0 . 7 b i l l i o n s t a t e f u n d s ; $ 8 . 2 b i l l i o n l o c a l )
" F E F P I n c r e a s e i s $ 5 7 5 m i l l i o n o r 3 . 1 4 %
" F E F P I n c r e a s e i n F u n d s p e r F T E i s $ 1 7 6 o r 2 . 6 1 %
" E n r o l l m e n t W o r k l o a d I n c r e a s e - $ 5 4 . 5 m i l l i o n
" A d d i t i o n a l F u n d s f o r F l o r i d a R e t i r e m e n t S y s t e m A d j u s t m e n t s - $ 4 6 . 2 m i l l i o n G R
" N o i n c r e a s e i n m i l l a g e
" H i g h S c h o o l a n d M i d d l e S c h o o l I n d u s t r y C e r t i f i c a t i o n s - a d d i t i o n a l $ 3 0 m i l l i o n
" D i g i t a l C l a s s r o o m s A l l o c a t i o n - $ 4 0 m i l l i o n
" E x t e n d e d D a y P r o g r a m f o r I n t e n s i v e R e a d i n g E x p a n d e d t o 3 0 0 E l e m e n t a r y S c h o o l s - $ 9 0 m i l l i o n
" F u n d s f o r D u a l E n r o l l m e n t I n s t r u c t i o n a l M a t e r i a l s - $ 1 0 m i l l i o n
P u b l i c S c h o o l s / K 1 2 N o n - F E F P
" M e n t o r i n g P r o g r a m s - $ 2 3 . 1 m i l l i o n G R
" P r o g r a m s t o E n h a n c e S c h o o l s a n d I n s t r u c t i o n - $ 3 0 m i l l i o n G R
" F l o r i d a P e r s o n a l L e a r n i n g S c h o l a r s h i p A c c o u n t s - $ 1 8 . 4 m i l l i o n G R
" S u p e r i n t e n d e n t ' s T r a i n i n g - $ 5 0 0 , 0 0 0 G R ; a d d i t i o n a l $ 5 0 0 , 0 0 0 f o r s p e c i a l i z e d t r a i n i n g f o r s t u d e n t
a c c e l e r a t i o n o p t i o n s
" S c h o o l D i s t r i c t M a t c h i n g G r a n t s - $ 4 . 5 m i l l i o n O R
" F l o r i d a S c h o o l f o r t h e D e a f & B l i n d - $ 5 0 m i l l i o n ( $ 4 5 . 4 m i l l i o n G R ; $ 4 . 6 m i l l i o n T F )
E d u c a t i o n C a p i t a l O u t l a y T o t a l : $ 1 . 9 5 b i l l i o n
" C h a r t e r S c h o o l C a p i t a l O u t l a y - $ 7 5 m i l l i o n P E C O T F
" P u b l i c S c h o o l c r i t i c a l r e p a i r s a n d m a i n t e n a n c e - $ 5 0 m i l l i o n P E C O T F
" P u b l i c S c h o o l S p e c i a l F a c i l i t i e s - $ 5 9 . 7 m i l l i o n P E C O T F a n d o t h e r T F
" F l o r i d a C o l l e g e S y s t e m p r o j e c t s - $ 1 0 7 . 5 m i l l i o n P E C O T F
" F l o r i d a C o l l e g e S y s t e m r e p a i r s a n d m a i n t e n a n c e - $ 1 5 m i l l i o n P E C O T F
" U n i v e r s i t y S y s t e m p r o j e c t s - $ 1 5 9 . 6 m i l l i o n P E C O T F
" U n i v e r s i t y S y s t e m r e p a i r s a n d m a i n t e n a n c e - $ 5 7 . 6 m i l l i o n P E C O T F
" U n i v e r s i t y f u n d i n g f o r c a p i t a l i m p r o v e m e n t f e e p r o j e c t s - $ 4 1 . 1 m i l l i o n T F
" U n i v e r s i t y L a b S c h o o l m a i n t e n a n c e - $ 4 . 8 m i l l i o n
" P u b l i c B r o a d c a s t i n g m a i n t e n a n c e - $ 2 . 2 m i l l i o n
" V o c a t i o n a l - T e c h n i c a l f a c i l i t i e s - $ 3 m i l l i o n
" S c h o o l f o r t h e D e a f a n d B l i n d c r i t i c a l r e p a i r s a n d m a i n t e n a n c e - $ 1 . 1 m i l l i o n P E C O T F
- 1 5 -
District Workforce Total: $538.5 million
• Workforce Development - $369.5 million ($287.1 million OR, $82.4 million TF), all tech centers and adult
education programs fully funded
• CAPE -Incentive Funds-foxIndustryCertifica_tion�argeted Occupational Areas including Health
Science and Information Technology - $5 million OR
Vocational Rehabilitation Total: $250.4 million
• Additional funds to eliminate the program's waiting lists for individuals with the most significant
disabilities - $44 million ($16.9 million OR, $27 million TF)
HEALTH AND HUMAN SERVICES Total Budget: $31,877.9 million
Agency for Health Care Administration Total: $24,586.1 million
• Medicaid Electronic Health Record Incentive Program - $156.6 million TF
• Personal Needs Allowance - $18.4 million OR, $21.8 million TF
• Individuals in Residential Care from $35 to $105 per month
• Long -Terra Care Managed Care Waiver Program - $5.1 million GR; $7.5 million TF (approximately 823
individuals)
• Private Duty Nursing Services Rate Increase 5% - $2.2 million GR; $3.3 million TF
• Speech, Occupational, and Physical Therapies Rate Increase 5.3%- $4.0 million GR; $6 million TF
• Medicaid Assistive Care Services Rate Increase - $3.4 million OR; 5.0 million TF
• Pediatric Physician Fees Rate Increase - $3.4 million GR; 5.0 million TF
• Prescribed Pediatric Extended Care Centers (PPECs) Rate Increase - $1.6 million GR; $2.4 million TF
Department of Elder Affairs Total: $294.6 million
• PACE Program- $5.3 million OR; $7.7 million TF (600 new slots)
• Alzheimer's Disease Waitlist - $4 million GR (approximately 400 individuals)
• Community Care for the Elderly Program - $5 million GR (approximately 901 individuals)
• Local Elderly Meals and Community Based Programs - $5.3 million GR .
• Alzheimer's Community Services - $1.7 million GR
Agency for Persons with Disabilities Total: $1,153.5 million
• Transition Wait List Individuals to the Home and Community -Based Services Waiver (approximately
1,260 individuals)- $8.1 million GR, $11.9 million TF
• Fair Hearings Workload - $2.3 million OR, $2.3 million TF
• Supported Employment Services for Wait List Individuals- $.5 million GR
• Adult Day Training 2% Provider Rate htcrease - $.5 million GR; $.8 million TF
• State Facilities Repairs and Maintenance - $2 million GR; $.6 million TF
• Billy Joe Rish State Park improvements - $1 million GR
Department of Children and Families Total: $2,884.9 million
• Child Protective Investigations Workload -270 FTE; $16.1 million GR; 2.5 million TF
• Sheriffs Child Protective Investigations - $8.1 million GR
• Community Based Care Agencies Services - $10 million GR
• Healthy Families Program Expansion - $5 million OR
-16-
" F a m i l y I n t e n s i v e T r e a t m e n t T e a m s $ 5 m i l l i o n G R
" H u m a n T r a f f i c k i n g V i c t i m S e r v i c e s $ 3 m i l l i o n G R
" D a t a A n a l y t i c s a n d I n f o r m a t i o n S h a r i n g I n i t i a t i v e $ 2 m i l l i o n G R
" M a i n t e n a n c e A d o p t i o n S u b s i d i e s $ 2 0 . 2 m i l l i o n G R , $ 8 . 5 m i l l i o n T F
" C h i l d r e n ' s M e n t a l H e a l t h C o m m u n i t y A c t i o n ( C A T ) T e a m s $ 1 L 3 m _ i l l i o n G R
" S u b s t a n c e A b u s e S e r v i c e s f o r P r e g n a n t W o m e n $ 1 0 m i l l i o n G R
" C o m m u n i t y B a s e d C a r e A g e n c i e s $ 1 . 3 m i l l i o n G R ; $ 6 m i l l i o n T F
" M e d i c a i d E l i g i b i l i t y S y s t e m T e c h n o l o g y I m p r o v e m e n t s $ 4 . 8 m i l l i o n T F
" A d u l t C o m m u n i t y M e n t a l H e a l t h F u n d i n g $ 4 m i l l i o n G R
" A d u l t / C h i l d r e n C o m m u n i t y S u b s t a n c e A b u s e F u n d i n g $ 3 . 6 m i l l i o n G R
" M e n t a l H e a l t h T r a n s i t i o n B e d s $ 3 m i l l i o n G R
" C o u n t y C r i m i n a l J u s t i c e M e n t a l H e a l t h G r a n t $ 3 m i l l i o n G R
" D o m e s t i c V i o l e n c e S e r v i c e s $ 2 m i l l i o n O R , $ . 5 m i l l i o n T F
" I d e n t i t y / A s s e t V e r i f i c a t i o n S e r v i c e s $ 3 m i l l i o n T F
" H e a l t h y F a m i l i e s P r o g r a m F u n d i n g $ 2 m i l l i o n G R
" S t a t e M e n t a l H e a l t h T r e a t m e n t F a c i l i t i e s R e p a i r s a n d M a i n t e n a n c e $ 2 . 3 m i l l i o n T F
D e p a r t m e n t o f H e a l t h T o t a l : $ 2 , 8 4 4 . 5 m i l l i o n
" F l o r i d a C a n c e r C e n t e r F u n d i n g - $ 3 5 . 9 m i l l i o n G R
" C o u n t y H e a l t h D e p a r t m e n t s a n d S t a t e L a b o r a t o r i e s F i x e d C a p i t a l R e p a i r s $ 5 m i l l i o n G R ; $ 1 3 . 8 m i l l i o n
T F
" M e d i c a l Q u a l i t y A s s u r a n c e L i c e n s u r e a n d E n f o r c e m e n t h n f o r m a t i o n D a t a b a s e ( L E I D ) S y s t e m U p g r a d e
$ 4 . 4 m i l l i o n T F
" E a r l y S t e p s P r o g r a m $ 3 . 6 m i l l i o n G R
" A l z h e i m e r ' s R e s e a r c h - $ 3 m i l l i o n G R
" C a n c e r R e s e a r c h E n d o w m e n t s $ 2 m i l l i o n G R
" O u n c e o f P r e v e n t i o n $ 1 . 9 m i l l i o n G R
" W a i t l i s t f o r B r a i n a n d S p i n a l C o r d I n j u r y P r o g r a m M e d i c a i d W a i v e r $ . 2 m i l l i o n G R ; $ . 4 m i l l i o n T F
D e p a r t m e n t o f V e t e r a n s A f f a i r s T o t a l : $ 1 1 4 m i l l i o n
" C o n s t r u c t i o n o f N e w S t a t e V e t e r a n s ' N u r s i n g H o m e $ I I m i l l i o n T F
" M a i n t e n a n c e a n d R e p a i r o f S t a t e V e t e r a n s ' N u r s i n g H o m e s a n d D o m i c i l i a r y $ 7 . 8 m i l l i o n T F
" W o r k f o r c e T r a i n i n g G r a n t P r o g r a m $ 2 m i l l i o n G R
" E n t r e p r e n e u r T r a i n i n g I n i t i a t i v e $ 1 m i l l i o n G R
G E N E R A L G O V E R N M E N T T o t a l B u d g e t : $ 5 . 4 b i l l i o n
D e p a r t m e n t o f A g r i c u l t u r e & C o n s u m e r S e r v i c e s T o t a l : $ 1 . 5 b i l l i o n
" W i l d f i r e S u p p r e s s i o n E q u i p m e n t $ 3 m i l l i o n G R
" C i t r u s R e s e a r c h a n d B u d w o o d P r o g r a m $ 2 m i l l i o n G R a n d $ 4 m i l l i o n T F
" F l o r i d a A g r i c u l t u r e P r o m o t i o n C a m p a i g n $ . 4 m i l l i o n G R a n d $ 4 m i l l i o n T F
" H y b r i d W e t l a n d T r e a t m e n t P r o j e c t s $ 1 0 . 5 m i l l i o n G R
" L a k e O k e e c h o b e e R e s t o r a t i o n P r o j e c t s $ 1 0 m i l l i o n G R
" A g r i c u l t u r e B e s t M a n a g e m e n t P r a c t i c e s $ 8 . 4 m i l l i o n T F
" A g r i c u l t u r e L i v e s t o c k M a r k e t s , P a v i l i o n s , a n d C e n t e r s $ 3 . 3 m i l l i o n G R
" C i t r u s H e a l t h R e s p o n s e P r o g r a m $ . 1 m i l l i o n G R a n d $ 7 . 1 m i l l i o n T F
" R u r a l a n d F a m i l y L a n d s P r o t e c t i o n P r o g r a m $ 5 m i l l i o n T F
" F a r m S h a r e a n d F o o d B a n k s $ 2 . 5 m i l l i o n G R
" O y s t e r R e h a b i l i t a t i o n & B e s t M a n a g e m e n t P r a c t i c e s $ 7 . 7 m i l l i o n T F
" C h i l d N u t r i t i o n P r o g r a m G r a n t s $ 2 . 6 m i l l i o n T F
- 1 7 -
" S t a t e F a r m e r s ' M a r k e t s M a i n t e n a n c e a n d R e p a i r s $ . 5 m i l l i o n G R a n d 1 . 4 m i l l i o n T F
D e p a r t m e n t o f B u s i n e s s & P r o f e s s i o n a l R e g u l a t i o n T o t a l : $ 1 4 7 . 5 m i l l i o n
- " F l o r i d a - S t a t e B o x i n g _ C o m m i s s i o n $ . 2 m i l l i o n _ G R
" V i s i t F l o r i d a $ . 5 m i l l i o n T F
" U n l i c e n s e d A c t i v i t y P r o g r a m 4 p o s i t i o n s a n d $ 1 . 1 m i l l i o n T F
" P a r i - M u t u e l L a b o r a t o r y E q u i p m e n t R e p l a c e m e n t $ . 4 m i l l i o n T F
D e p a r t m e n t o f E n v i r o n m e n t a l P r o t e c t i o n T o t a l : $ 1 . 6 b i l l i o n
" B e a c h P r o j e c t s $ 2 5 . 4 m i l l i o n G R a n d $ 2 1 . 8 m i l l i o n T F
" S p r i n g s R e s t o r a t i o n $ 3 0 m i l l i o n G R ( i n c l u d e s $ 5 m i n D A C S )
" F l o r i d a K e y s W a s t e w a t e r T r e a t m e n t P l a n $ 5 0 m i l l i o n T F
" I n d i a n R i v e r L a g o o n a n d L a k e O k e e c h o b e e B a s i n $ 2 3 2 m i l l i o n G R & T F ( i n c l u d e s $ 4 . 2 m i l l i o n W a t e r
P r o j e c t s f o r L o x a h a t c h e e a n d S t . L u c i e R i v e r s a n d $ 9 0 m i l l i o n i n t h e F Y 2 0 1 4 - 2 0 1 5 F D O T W o r k P r o g r a m
f o r T a m i a m i T r a i l )
" F l o r i d a F o r e v e r $ 1 0 m i l l i o n G R a n d $ 4 7 . 5 m i l l i o n T F
" P e t r o l e u m T a n k s C l e a n u p P r o g r a m $ 1 1 0 m i l l i o n T F
" T o t a l M a x i m u m D a i l y L o a d s ( T M D L s ) $ 9 . 4 m i l l i o n T F
" D r i n k i n g W a t e r & W a s t e w a t e r R e v o l v i n g L o a n P r o g r a m s $ 1 3 . 5 m i l l i o n G R a n d $ 2 2 5 . 2 m i l l i o n T F
" S m a l l C o u n t y W a s t e w a t e r T r e a t m e n t G r a n t s $ 2 1 m i l l i o n T F
" S t a t e P a r k s M a i n t e n a n c e & R e p a i r s $ 1 9 . 7 m i l l i o n T F
" L o c a l P a r k s $ 3 . 1 m i l l i o n G R a n d $ . 8 m i l l i o n T F
" N o n - m a n d a t o r y L a n d R e c l a m a t i o n $ 4 . 2 m i l l i o n T F
" W a t e r P r o j e c t s $ 8 8 . 5 m i l l i o n G R
" D i s p e r s e d W a t e r S t o r a g e $ 1 0 m i l l i o n G R
" W a t e r M a n a g e m e n t D i s t r i c t O p e r a t i o n s $ 5 m i l l i o n T F
" M a n a g e m e n t o f C o n s e r v a t i o n a n d R e c r e a t i o n L a n d s ( C A R L ) $ 3 m T F
D e p a r t m e n t o f F i n a n c i a l S e r v i c e s T o t a l : $ 3 2 5 . 4 m i l l i o n
" F i r e C o l l e g e a n d A r s o n L a b R e p a i r s a n d M a i n t e n a n c e $ 3 . 5 m i l l i o n T F
" A r s o n L a b I n f o r m a t i o n S y s t e m R e p l a c e m e n t $ . 3 m i l l i o n T F
" F l o r i d a A c c o u n t i n g & I n f o r m a t i o n R e s o u r c e ( F L A I R ) R e p l a c e m e n t 2 2 p o s i t i o n s a n d $ 9 m i l l i o n T F
" R i s k M a n a g e m e n t I n f o r m a t i o n S y s t e m $ 2 . 2 m i l l i o n T F
" F S U C a t a s t r o p h i c S t o r m R i s k M a n a g e m e n t C e n t e r $ 1 m i l l i o n T F
" F I U P u b l i c H u r r i c a n e M o d e l a n d W a l l o f W i n d $ 1 . 9 m i l l i o n T F
F i s h & W i l d l i f e C o n s e r v a t i o n C o m m i s s i o n T o t a l : $ 3 6 1 . 3 m i l l i o n
" B o a t i n g I n f r a s t r u c t u r e a n d I m p r o v e m e n t P r o g r a m $ . 2 m i l l i o n T F a n d $ 5 . 1 m i l l i o n T F
" A r t i f i c i a l F i s h i n g R e e f C o n s t r u c t i o n $ 1 . 1 m i l l i o n G R a n d $ . 8 m i l l i o n T F
" L i o n f i s h B o u n t y , O u t r e a c h , a n d C o n t r o l $ . 4 m i l l i o n G R a n d $ . 3 m i l l i o n T F
" I n v a s i v e a n d A q u a t i c P l a n t M a n a g e m e n t $ 3 m i l l i o n T F .
" F l o r i d a C o n s e r v a t i o n a n d T e c h n o l o g y C e n t e r $ 3 m i l l i o n G R
" R e d T i d e R e s e a r c h $ . 6 m i l l i o n G R
" L a k e R e s t o r a t i o n $ 6 . 4 m i l l i o n T F
" L a n d M a n a g e m e n t a n d I m p r o v e m e n t s $ 2 . 8 m i l l i o n T F
Total Budget: $12.17 billion
• Transportation Work Program - $9.2 billion TF
• Affordable Housing Programs
State _Housin Initiatives Partnership (SI1P)_Program $100 million
State Apartment Incentive Loan (SAIL) Program $67,660,000
• Economic Development Incentive Programs - $71 million TF
• Economic Development Partners (EFI, Visit Florida, Space Florida, etc.) - $118.9 million
• Florida Highway Patrol Law Enforcement Positions - $3.5 million; 28 FTE
• Library Grants and Assistance - $32.8 million OR
• Cultural Programs, Grants and Facilities - $55.2 million OR
• Historic Preservation Grants - $16.7 million OR
• National Guard Tuition Assistance - $3.4 million
Department of Economic Opportunity Total: $1.1 billion
• Economic Development Partners - $118.9 million
• Enterprise Florida (EFI) - $8.6 million TF
• EFI - International Trade & Promotion - $6.8 million TF
• Florida Sports Foundation - $4.5 million TF
• VISIT Florida - $74 million TF
• Space Florida - $19.5 million ($2 million GR; 17.5 million TF)
• Institute for the Commercialization of Public Research - $5.5 million TF
• Economic Development Incentive Programs - $71 million TF
• Economic Development Projects and Initiatives - $13.9 million ($1 million OR; $12.9 million TF)
• Quick Response Training - $12.1 million
• Workforce Development Projects - $4.8 million ($1.2 million OR; $3.6 million TF)
• Florida Defense Support Task Force - $3.5 million
• Military Base Protection & Defense Infrastructure - $2.6 million
• Affordable Housing Programs - $167.7 million
• SHIP - $100 million ($96 million allocated to local governments; $4 million allocated for homeless
programs. through the Dept. of Children and Families)
• State Housing Programs, including SAIL - $67.7 million (with $10 million allocated for competitive grants
for housing for the disabled)
• Community Planning - Technical Assistance to Local Governments - $ L6 million
• Housing & Community Development Projects - $42.5 million ($26.7 million GR; $15.8 million TF)
Department of State Total: $162.5 million
• State Aid to Libraries - $27.4 million OR ($22.3 million recurring)
• Library Cooperative Grants - $2 million OR
• State Touring Program $200,000 OR
• All Major Grant Program Approved Lists are fully funded:
• Cultural & Museum Program Grants - $24. 1 million OR ($5 million is recurring)
• Culture Builds Florida - Project Grants - $1.2 million OR
• Cultural Endowment Grants - $6.9 million OR
• Cultural Facilities Grants - $10.8 million OR
• Historic Preservation Small Matching Grants - $1.8 million OR ($1.5 million is recurring)
• Historic Preservation Special Category Grants - $14.3 million OR
• Historic properties maintenance and repairs - $640,000 ($500,000 is recurring)
-19-
Department of Transportation Total: $10.1 billion
• Transportation Work Program - $9.2 billion TF
• Highway Construction - $3.9 billion TF
• Coimty-Transportation-Programs 158 million TF
• Aviation Grants - $337 million TF
• Seaport and Intermodal Development Grants - $ 184 million TF; $12 million GR
• Public Transit and Rail Development - $9 million TF
• Coast to Coast Connector Trail - $26.5 million TF
SOURCE: The Florida Senate
-20-
I'il f T71
MDCLC
MIAMI-DADE COUNTY LEAGUE OF CITIES
AGENDA
Executive Board
President
Hon. Cindy Lerner
Mayor, Village of Pinecrest
First Vice President
Hon. Jon Burgess
Councilman, City of Homestead
Second Vice President
Hon. Francis Suarez
Commissioner, City of Miami
Third Vice President
Hon. Oliver Gilbert, III
Mayor, City of Miami Gardens
Secretary
Hon. Jordan W. Leonard
Vice Mayor, Town of Bay Harbor Islands
Treasurer
Hon. George Vallejo
Mayor, City of North Miami Beach
Immediate Past President
Hon. Deede Weithorn
Commissioner, City of Miami Beach
Committee Members
Co -Chairs
Mayor Cindy Lerner
Vice Mayor Jordan W. Leonard
Committee Members
Commissioner Deede Weithorn
Commissioner Roxanna Ross
Councilman Anthony DeFillipo
Mayor Edward MacDougall
Mayor Shelley Stanczyk
Commissioner Francis Suarez
Council Vice -President Luis Gonzalez
Councilman Omarr Nickerson
Mayor Oliver Gilbert, III
Vice Mayor Manny Cid
Iraida Mendez-Cartaya, Assistant Superintendent, MDCPS
Robert Levy, MDCLC-Legislative Consultant
Kevin Crowder, MDCLC Consultant
Richard Kuper, Esq., MDCLC Executive Director
Community & Economic
Development
The Miami -Dade County League of Cities supports legislation that
empowers municipalities to expand the economy through job creation
and business development. Additionally, infrastructure needs are
becoming more critical and fewer infrastructure resources are
available from the federal government. This legislation should:
• Support full funding of the Film Industry incentive;
• Support efforts to repeal the pre-emption that prohibits
regulation of short-term rentals.
• Support legislation which encourages innovative and
creative use of public private partnerships rather than a one
size fits all approach.
• Fund programs that create and/or enhance cultural facilities,
public parks and public space in cities; energy efficiency
programs; and low cost financing for infrastructure projects.
Law Enforcement
The Miami -Dade County League of Cities supports legislation that
expands the criteria and flexibility for the use of law enforcement trust
fund dollars ton include non -recurring capital expenditures or
increase law enforcement service programs and related initiatives.
The Miami -Dade County League of Cities urges the Legislature and
Governor to provide additional funding for school resource officers in
the public schools.
The Miami -Dade County League of Cities opposes legislation that
repeals the authority for municipalities to establish red light camera
programs.
"It's All About Our Cities" 3
Pension Reform
The Miami -Dade County League of Cities supports legislation that protects
municipalities' home rule powers to set up and fund employee benefit levels
and specifically provides comprehensive pension reform and disability
presumption reform. The League further supports legislation that provides
flexibility in the use of insurance premium taxes as currently interpreted by
the Department of Management Services.
Taxes
The Miami -Dade League of Cities opposes legislation that repeals the Local
Business Tax, and urges caution on efforts to restructure the Local Business
Tax. The League further opposes reduction or elimination of the
Communications Services Tax. Changes to these taxes should be done fairly
and reasonably and designed to make the tax sources more stable and spread
the impact fairly and equitably and not on the backs of local government.
The Miami -Dade League of Cities supports the authorization of a
constitutional amendment exempting municipally owned property from
taxation;
Local Pre-emption
The Miami -Dade League of Cities supports legislation that repeals the local
government pre-emption on implementing reasonable gun -related local
ordinances.
The Miami -Dade League of Cities supports the repeal of the pre-emption that
restricts the ability of cities to regulate smoking in publicly owned
playgrounds.
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Insurance
Support efforts to address the significant increases that Floridians are
experiencing by the National Flood Insurance Program, including creation of a
Florida flood insurance marketplace.
Citizens Property Insurance Corporation. The Miami -Dade County League of
Cities supports legislation that caps rate increases for new and existing policy
holders and allows for a fair system for re -inspections and an accurate
assessment for property owners.
Parking Revenue
The Miami -Dade County League of Cities opposes legislation amending Section
337.408, Florida Statutes, authorizing the installation of parking meters in the
right of way of a state road only by FDOT permit while requiring counties and
municipalities to provide fifty (50%) of the revenue generated by said meters to
FDOT.
Energy
The Miami -Dade County League of Cities supports legislation that eliminates
the Florida Public Service Commission's ability to approve any Early Cost
Recovery measures and that repeals the Early Cost Recovery Statute.
Furthermore, if the Early Cost Recovery Statute is not repealed, the League
supports legislation that establishes a moratorium on Early Cost Recovery until
final approval of a license is issued by the Nuclear Regulatory Commission.
The Miami -Dade County League of Cities supports legislation that establishes a
moratorium on new lines to serve a facility until final approval of a license for
said facility is issued by the Nuclear Regulatory Commission. The League
further supports legislation which requires the undergrounding of transmission
lines of Else selection of alternative corridors, when meant to lessen health,
visual bli4mnd envlron ental impacts in highly dense urban areas and place
I . P
t .e burden of proof o utility.
119
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- "ItIkAN About Our Cities"
FUNDING:
• Restore the state's investment in K-12 education by increasing the Base
Student Allocation (BSA) by at least $200 per student and categorical funding
such as Safe Schools, ESE per pupil funding, minimally by the annual
inflationary rate and student growth.
• Provide maximum flexibility with the funds appropriated.
• Modify the penalty for non-compliance with the constitutional class size
requirement to be based on the schoolwide average for all public schools.
• Allow local school districts to locally establish contract provisions inclusive of
cost structures with postsecondary institutions related to the delivery of dual
enrollment.
• Revise the Safe School Allocation formula so that each district's allocation is
equal to fifty percent of prior year eligible district expenditures.
• Oppose further equalization of DiscretionaryMillage.
CAPITAL FUNDING:
Oppose any diversion of Local Discretionary Capital Outlay levy revenue from
traditional public schools tocharterschools.
Fully fund the Public Education Capital Outlay Program that involves construction
and maintenance programs for public school districts.
CHARTERSCHOOLS
Oppose any changes to current requirements regarding charter conversion of
traditional public schools that dilute the role of parents, teachers, and community
stakeholders.
Establish a level playing field fortraditional public schools by extending the current
statutory flexibility such as the exemption from State Education Required
Facilities (SREF), categorical funding, accountability, class size reduction
compliance and related penalties assessed on charter schools.
(Charter Schools continued...)
Improve safeguards of tax payer investments and transparency between
traditional public schools and charter schools, including, but not limited to,
implementing the following safeguards:
• Require charter school applications and lottery be monitored by the local
school board, or an appropriate independent entity, to ensure a fair,
equitable, and transparent process for all students;
• Allow local school districts to negotiate an appropriate usage fee based on
market comparables;
• Require funding to follow the student when transferring between charter and
traditional public schools during the school year;
• Establish financial disclosure standards and requirements for charter school
officers and related parties involved in financial decision making, similar to
traditional public school standards;
• Establish clear academic and financial standards for the purpose of
distribution of charter school capital outlay funds as well as appropriate
standards of review prior to distribution.
SAFETY:
Amend Florida Statutes 790.22 requiring parents of children that take guns to
schools to attend mandatory guns safety and parental education programs.
Increase funding for Safe Schools to implement and expand interventions that
focus on reducing disruptive and aggressive behaviors and strengthen emotional
and behavioral competencies of students inclusive of early detection of mental
health concerns and increased intervention and wrap around services.
ACCOUNTABILITY REFORM:
Revise the current assessment system and accountability system to:
• Provide the inclusion of data from multiple forms of assessments;
• Eliminate the practice of using student performance on a standardized test as
the sole basis for student and school performance;
• Authorize alternate methods for assessing learning and achievement for
special populations such as ESE and English Language Learners (ELL)
students; and
• Provide the Florida Comprehensive Assessment Test (FCAT), and other
statewide assessments in multiple languages as allowed by federal
regulations.
Ensure that the state assessments and the state's accountability system are valid,
reliable and aligned to the state standards.
GOVERNOR
PRESIDENT OF THE SENATE
Rick Scott
Don Gaetz
(850) 488-7146
409 Capitol
Plaza Level 05, The Capitol
(850) 487-5229
400 South Monroe St
PRESIDENT PRO TEMPORE
Tallahassee 32399-0001
flgov.com
Garrett Richter
404 Senate Office Building
(850)487-5023
LIEUTENANT GOVERNOR
Carlos Lopez-Cantera
MAJORITY LEADER
(850) 488.4711
Lizbeth Benacquisto
Plaza Level 05, The Capitol
330 Senate Office Building
400 South Monroe St
(850) 487-5ta4
Tallahassee 32399-0001
MINORITY LEADER
flgov.com
Chris Smith
200 Senate Office Building
ATTORNEY GENERAL
(850)487-5184
Pam Bondi
SECRETARY OF THE STATE
(850)414-3300
Department of Legal Affairs
Debbie Brown
Plaza Level 01, The Capitol
405 Capitol
(850) 487-5270
400 South Monroe St
Tallahassee 32399-1050
CHIEF OF STAFF
myfloridalegal.com
Chris Clark
409 Capitol
CHIEF FINANCIAL OFFICER
(850)487-5229
Jeff Atwater
GENERAL COUNSEL
(850)413-2850
Department of Financial Services
George Levesque
Plaza Level 11, The Capitol
305 senate Office Building
(850) 487-5237
400 South Monroe St
Tallahassee 32399-0300
SERGEANT AT ARMS
myfloridacfo.com
Donald Severance
403 Capitol
COMMISSIONER OF
(850)487-5224
AGRICULTURE
SENATE BILL DRAFTING
Adam Putnam
James Rhea
(850) 488-3022
310 Capitol
Department of Agriculture
(850) 487-5312
& Consumer Services
Plaza Level 10, The Capitol
SENATE DOCUMENTS
400 South Monroe St
Charlie Frier
Tallahassee 32399-0810
304 Capitol
freshfromflorida.com
(850) 487-5915
2012-2014
Miami -Dade County
Legislative Delegation
Chair: Representative Eduardo "Eddy" Gonzalez
Vice Chair: Representative Jose Felix Diaz
35th District
margolis.gwen.web@flsenate.gov
Staff: Zoraida Druckman
David Lancz
Terri Jo Kennedy
(305)571-5777
3050 Biscayne Blvd
Suite 600
Miami, FL 33137
(850)487-5035
414 Senate Office Building
404 South Monroe Street
Tallahassee, FL
32399-1100
36th District
Braynon.oscar.web@flsenate.gov
Twitter: @oscarjb2
Staff: Oneca Lowery
Katia St. Fleur
Jennifer Rojo Suarez
(305)654-7150
606 NW 183rd Street
Miami Gardens, FL 33169
(850)487-5036
213 Senate Office Building
404 South Monroe Street
Tallahassee, FL
32399-1100
Gaming
Commerce and Tourism
Appropriations Subcommittee on
Transportation, Tourism, Economic
Development, Vice Chair
Appropriations Subcommittee on
Finance and Tax
Banking and Insurance
Transportation, Vice Chair
Appropriations
Joint Legislative
Budget Commission
Rules
Gaming
Ethics and Elections
Children, Families, and Elder Affairs
Appropriations Subcommittee on
Criminal and Civil Justice
Appropriations Subcommittee on
General Government
Health Policy
Regulated Industries, Vice Chair
37th District
floms.anitere.web@flsenate.gov
Twitter: @anitere_flores
Staff: Made Chamorro
Patricia Flor
Lissette Vasquez
(305)270-6550
10691 North Kendall Drive
Suite 309
(850)487-5037
413 Senate Office Building
404 South Monroe Street
Tallahassee, FL
32399-1100
39th District
bullard.dwight.web@fisenate.gov
Twitter: @DwightBullard
Staff: Rashida Bartely
Aaron McKinney
Tyrell Hall
Sean Nixon
#435
10720 Caribbean Blvd.
Cutler Bay, FL
33189
(850) 487-6039
218 Senate Office Building
404 South Monroe Street
Tallahassee, FL
32399-1100
Select Committee on Patient
Protection and Affordable Care Act
Ethics and Elections
Communications, Energy, and
Public Utilities, Chair
Appropriations Subcommittee on
Criminal and Civil Justice
Appropriations Subcommittee
on Health and HumanServices,
Vice Chair
Health Policy
Regulated Industries
Joint Administrative Procedures
Committee
Agriculture, lice Chair
Education
Appropriations Subcommittee on
Education
Appropriations Subcommittee on
General Government
Military Affairs, Space, and
Domestic Security
Environmental Preservation and
Conservation
100th District
joe.gibbons@myfloddahouse.gov
Twitter: @RepJoeGibbons
Staff: Kerrie Brown
Cynthia Martin
(9541893-5006
Pembroke Park Town Hall
3150 SW 52nd Avenue
Pembroke Pines, FL
(850)717-5100
212 The Capitol
402 South Monroe Street
Tallahassee, FL
32399-1300
1O2nd District
sharon.pdtchett@myfloddahouse.guv
Twitter: @Rep loeGibbons
Staff: Kerrie Brown
Cynthia Martin
Suite 201
8910 Miramar Parkway
Miramar, FL 33205
(850) 717-5102
1402 The Capitol
402 South Monroe Street
Tallahassee, FL
32399-1300
Appropriations
Economic Affairs Committee
Health and Human Services
Committee
Health Innovation Subcommittee
Business and Professional
Regulation Subcommittee
Joint Legislative Budget
Commission
Select Committee on Gaming
EconomicAffalm Committee
Health Innovation Subcommittee
Healthy Families Subcommittee
Local and Federal Affairs
Committee
1O3rd District
Justice Appropriations
Manny.diaz@myflondahouse.gov
Subcommittee
Twitter: @RepMannyDiazJr
Education Committee
Staff: Daniel Martinez
Joseph Soso
Choice and Innovation
Subcommittee
Suite 104
17680 NW 78th Avenue
K-12 Subcommittee, Vice Chair
Suite 104
Health Quality Subcommittee
Miami, FL 33015
(850)717-6103
1003 The Capitol
402 South Monroe Street
Tallahassee, FL
32399-1300
1O5th District
cedos.trujillo@myfloridahouse.gov
Twitter: @RepCTrujillo
Staff: Alex Miranda
Lazaro Fields
Carmen Perez
Michael Finn
(305)470-5070
Suite 204
2500 NW 107th Avenue
Doral, FL
33172-5923
(850)717-5105
204 House Office Building
404 South Monroe Street
Tallahassee, FL
32399.1300
Select Committee on Health Care
Workforce Innovation
Finance and Tax Subcommittee
Economic Affairs Subcommittee
Economic Development and
Tourism Subcommittee, Chair
Healthy Families Subcommittee
Business and Professional
Regulation Subcommittee
Select Committee on PPACA
1O8th District
Health Quality Subcommittee
Daphne.campbell@myfloddahouse.guv
Judiciary Committee
Staff: Nadlie Charles
Local and Federal Affairs
Albertha Patterson
Committee
Esther Adam
Government Operations
(305)795-1210
Subcommittee
Suite NE 2nd Avenue 9999 NE
Joint Legislative Auditing
Miami Shores, FL 33138-2346
Committee
(850)717-5108
1101 The Capitol
402 South Monroe Street
Tallahassee, FL
32399-1300
1O9th District
Appropriations
Cynthia.stafford@myfforidahouse.gov
Education Committee
Staff: Mary Cowart
Civil Justice Committee
Tyrone Hall
Business and Professional
(305) 571-2100
Regulation Subcommittee
Suite 5
Joint Legislative Auditing
13300 NW 27th Avenue
Committee
Opa-Locka, FL 330544827
Select Committee on Gaming
(850)717-5109
1301 The Capitol
402 South Monroe Street
Tallahassee, FL
32399-1300
11Oth District
Select Committee on Health Care
Workforce Innovation, Chair
Jose.oliva@myfloddahouse.gov
Economic Affairs Committee
Staff: Chris Cantens
Transportation and Economic
_ Carmenchu Mingo
Development Appropriations
Subcommittee
(305)364-3114
Suite A
Health and Human Services Committee
3798 West 12th Avenue
Hialeah, FL 330124218
Rules and Calendar Committee
(850)717.5110
-,
1101 The Capitol
402 South Monroe Street
Tallahassee, FL
32399-1300
111th District
eddy.gonzalez@myfloridahouse.gov
Twitter: @RepEddyGonzalez
Staff: William McCrea
Douglas Zamora
(305) 364-3066
10001 NW 87 Avenue
Hialeah Gardens, FL
33016
(850)717-5111
422 The Capitol
402 South Monroe Street
Tallahassee, FL
32399-1300
112th District
Jose.mddguez@myfluridahouse.gov
Twitter: @RepRoddguez112
Staff: Jennifer Guriand
Yadel Diaz
(305) 364-3066
10001 NW 87 Avenue
Hialeah Gardens, FL
33016-1901
(850)717-5112
1101 The Capitol
402 South Monroe Street
Tallahassee, FL
32399-1300
113rd District
david.dchardson@myfloddahouse.gov
Staff: Avery Coleman
Virginia Morgan
(305) 535-5426
Suite 402A
1701 Meridian Avenue
Miami Beach, FL
33139-1890
(850) 7175113
1301 The Capitol
402 South Monroe Street
Tallahassee, FL
32399-1300
114th District
Edk.fresen@myfloridahouse.gov
Staff: David Winialski
Alicia Araya
(305)663-2011
Suite 1
6080 Bird Road
Miami, FL 33155-5249
(850) 717-5114
222 The Capitol
402 South Monroe Street
Tallahassee, FL
32399.1300
DELEGATION CHAIRMAN
Appropriations
Health Quality Subcommittee
Local and Federal Affairs
Committee, Chair
Select Committee on Health Care
Workforce Innovation
Finance and Tax Subcommittee
Health Quality Subcommittee
Civil Justice Subcommittee
Local and Federal Affairs
Committee
Rules and Calendar Committee
Select Committee on PPACA
Health Care Appropriations
Subcommittee
Transportation and Economic
Development Appropriations
Subcommittee
Finance and Tax Subcommittee
Health Innovation Subcommittee
Rulemaking, Oversight, and
Repealers Subcommittee
Select Committee on Gaming
Appropriations
Education Appropriations
Subcommittee, Chair
Higher Education and Workforce
Subcommittee
Select Committee on Gaming
Government Operations
Subcommittee
:P
116th District
jose.dlaz@mygoddahouse.gov
Twitter: @josefelixdiaz
Staff: Alexandra Dominguez
Made Lombard
(305) 442-6800
7901 SW 24th Sheet
Miami, FL 33155-6524
(850) 717.5116
400 House Office Building
402 South Monroe Street
Tallahassee, FL
32399.1300
i17th District
Kionne.mcghee@myfloridahouse.gov
Twitter. @Arfilesl18
Staff: Angela Lane
Queen Sylvester
Suite 109
South Dade Government Center
Miami, FL 33189.2819
(850)717-5117
1301 The Capitol
402 South Monroe Street
Tallahassee, FL
32399.1300
DELEGATION
VICE CHAIRMAN
Health Care Appropriations
Subcommittee
Regulatory Affairs Committee
Energy and Utilities Subcommittee,
Chair
Ethics and Elections Subcommittee,
Vice Chair
Joint Committee on Public Counsel
Oversight
Select Committee on Gaming
Choice and Innovation
Subcommittee
Health Innovation Subcommittee
Judiciary Committee
Criminal Justice Subcommittee
Rules and Calendar Subcommittee
98th District
frank.ar6les@mylloddahouse.gov
Twitter: @Arliles118
Stag: Raena Wright
Beahiz Lopez
(305) 2524300
Suite 115A
13501 SW 128th Street
Miami, FL 33186-5862
(850)717-5118
317 The Capitol
402 South Monroe Street
Tallahassee, FL
32399-1300
119th District
Jeanette.nunez@myBuddahouse.gov
Twitter: @RepJNunez
Stag: Danny Arbucias
Maria Evora
(305) 227-7630
Suite 205
2450 SW 137th Avenue
Miami, FL 33175-6312
(850) 717-5119
308 House Office Building
402 South Monroe Street
Tallahassee, FL
32399-1300
Transportation and Economic
Development Appropriations
Subcommittee
Transportation and Highway
Safety Subcommittee
Rules and Calendar Committee,
Subcommittee, Vice Chair
Government Operations
Subcommittee
Joint Committee on Public Counsel
Oversight, Chair
Select Committee on Gaming
Transportation and Economic
Development Appropriations
Subcommittee
Transportation and Highway
Safety Subcommittee
Education Committee
Higher Education and Workforce
Subcommittee, Chair
Select Committee on Health Care
Workforce Innovation
Board of Directors
Hon. Dr. Wilbert "Tee" Holloway
Board Member
Hon. Luz Weinberg
Miami -Dade County School Board
Commissioner, City of Aventura
Hon. Michael Grieco
Hon. Joni D. Blachar
Commissioner, City of Miami Beach
Assistant Mayor, Village of Bal Harbour
Hon. Felicia Robinson
Hon. Robert Yaffe
Councilwoman, City of Miami Gardens
Mayor, Town of Bay Harbor Islands
Hon. Nelson Rodriguez
Hon. Robert "Bob" Anderson
Councilman, Town of Miami Lakes
Commissioner, Village of Biscayne Park
Hon. Herta Holly
Hon. Vince Lago
Mayor, Village of Miami Shores
Commissioner, City of Coral Gables
Hon. Zavier Garcia
Hon. Edward MacDougall
Mayor, City of Miami Springs
Mayor, Town of Cutler Bay
Hon. Connie Leon-Kreps
Hon. Christi Fraga
Mayor, North Bay Village
Vice Mayor, City of Doral
Hon. Marie Steril
Hon. Claudia Cubillos
Councilwoman, City of North Miami
Councilwoman, Village of El Portal
Hon. Marlen Martell
Hon. R.S. Shiver
Councilwoman, City of North Miami Beach
Commissioner, City of Florida City
Hon. Judy Lusskin
Hon. Myra Taylor
Councilwoman, Town of Golden Beach
Mayor, City of Opa-Locka
Hon. Paul Hernandez
Hon. Shelley Stanczyk
Councilman, City of Hialeah
Mayor, Village of Palmetto Bay
Hon. Yioset De La Cruz
Hon. James McDonald
Mayor, City of Hialeah Gardens
Councilman, Village of Pinecrest
Hon. Elvis Maldonado
Hon. Walter Harris
Councilman, City of Homestead
Commissioner, City of South Miami
Hon. Bernard Klepach
Hon. Norman Edelcup
Mayor, Village of Indian Creek
Mayor, City of Sunny Isles Beach
Hon. Frank Caplan
Hon. Michelle Kligman
Mayor, Village of Key Biscayne
Commissioner, Town of Surfside
Hon. Roberto Martell
Hon. Jose M. Diaz
Mayor, Town of Medley
Mayor, City of Sweetwater
Hon. Wifredo "Willy" Gort
Hon. Richard Block
Commissioner, City of Miami
Councilman, Village of Virginia Gardens
Hon. Sally A. Heyman
Hon. Eduardo Muhina
Commissioner, Miami -Dade County
Mayor, City of West Miami
226 East Flagler Street, Suite 200, Miami, Florida 33131
www.mdcic.com
��A b m I I I I 1 1 I I 1 1 1 1 1 1 1 I I i t 1 1 1 1 1
F l o r i d a L e a g u e o f C i t i e s
- - - . - 1 _ , " _ w w
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t
Table of Contents
5 Municipal Pension Reform
8 Communications Services Tax
and Local Business Tax Protection
Fee Collection
11 Water Quality and Quantity
13 Enterprise Zones
15 Developments of Regional Impact
17 Transportation Funding
19 Ride -for -Hire Services
21 Homelessness
22 Sober Homes
2015 LEGISLATIVE ACTION AGENDA 3
he Florida League of Cities is the champion of Home
Rule in Florida. Florida's constitution empowers citizens
with the right of local self-government, or Home Rule.
Cities are the embodiment of this right. Cities are
formed by citizens and are governed by citizens. They administer
the local affairs of the community for the special benefit of the
city's residents. The form of government and level of services a
city provides are fundamental expressions of Home Rule. Home
Rule is why no two cities are alike. City residents take pride in
this diversity and responsibility. Strong Home Rule powers ensure
that government stays close to the people it serves. Intrusion on
Home Rule from the state or federal government undermines the
constitutional right of local citizens to govern themselves.
The Florida League of Cities opposes unfunded mandates from any
level of government. An unfunded mandate is when one government
forces another level of government to take some action that spends
or reduces revenue, without providing any resources to offset the
impact. Unfunded mandates are the antithesis of government
transparency. Mandates conceal the connection between the taxes
city residents pay and the services they receive. Unfunded mandates
cause local city leaders to be held accountable for decisions made
by others who live far away and who are not accountable for the
fiscal impact on local taxpayers. The Florida Constitution prohibits
unfunded mandates from state government except under certain
conditions. This provision was added to the constitution in 1990
after Floridians became fed up with being forced to pay for state
programs with local tax dollars. Yet, in spite of the clear preference
of Florida's residents, unfunded mandates have continued to be
passed onto cities by the Legislature.
4 2015 LEGISLATIVE ACTION AGENDA
2015 Florida League of Cities
- Legislative Action Agenda
Municipal Pension Reform
The Florida League of Cities SUPPORTS legislation that
protects municipalities' Home Rule powers to set and
fund municipal employee benefit levels, and specifically
provides:
■ comprehensive pension reform, including elimination
of the extra benefit requirement;
■ disability presumption reform; and
■ a mechanism for municipalities to revoke their
participation in the Florida Retirement System.
The League also SUPPORTS legislation that provides
municipalities with flexibility in the use of insurance
premium taxes, as currently interpreted by the Department
of Management Services.
BACKGROUND:
MUNICIPAL POLICE AND FIRE-
FIGHTER PENSION PLANS
Prior to 1999, cities were largely free
to bargain with local police and fire
unions, or provide for non -unionized
police and firefighters, pension
benefits that best fit the priorities
and needs of the city and its police
and firefighters. In 1999, the Legis-
lature amended Chapters 175 and
185, Florida Statutes, requiring that
additional insurance premium tax
revenues (IPTR) over a base amount
be used to provide only extra pen-
sion benefits to police officers and
firefighters. Since enacted, this
mandate has required cities to provide more than $520 million in new,
extra pension benefits to police officers and firefighters. This mandate is
not sustainable. Rather,-cities-need-theflexibility-to useIPTR-forthe current
or a decreased level of police/fire pension benefits to meet city budget
constraints.
Beginning in August 2012, the Florida Department of Management Services
(DMS) issued a letter to the City of Naples that reflects a fundamental
change in the DMS's interpretation on the use of IPTR. Prior to this letter,
the DMS had taken the position that if a city reduced any pension benefit
below the statutory minimum benefits or below the plan benefit levels in
effect in 1999, the city would be ineligible for future premium tax revenues.
In the Naples letter, the DMS acknowledges that its prior interpretation
"appears inaccurate." Since that point, more than 33 municipalities have
received similar letters from the DMS.
CS/SB 246 (Ring and Bradley), HB 7179 (House State Affairs Committee)
and HB 7181 (House State Affairs Committee) were the municipal
police and fire pension bills for 2014. The bills were heavily amended to
incorporate language relating to a concept agreed to by the League and
representatives of the police and firefighter unions. In broad terms, the bills
were designed to establish a two-step process regarding the use of IPTR
under Chapters 175 and 185, Florida Statutes. Under the bills, the current
law relating to defining an extra benefit and requiring a portion of IPTR to
be used for extra benefits was removed. In its place, the bills would have
allowed cities and unions (or police/fire plan members if there is no union)
to mutually consent to the use of IPTR for retirement benefits, including
any accumulation of tax revenues not yet used for benefits. If mutual
consent was achieved, the other provisions of the bills relating to any
required use of IPTR were not applicable. Rather, the parties had mutually
consented until the next collective bargaining cycle or until mutual consent
was revoked. However, if mutual consent could not be achieved, there was
a statutory default process or a reversion to a statutory IPTR distribution
process. The default or statutory IPTR distribution process was intentionally
drafted by the bill sponsors to be very complicated and potentially costly
to the city and police/fire pension plan members, and thereby provide
an incentive to the parties to seek a mutual consent on the use of IPTR
and avoid the statutory distribution process. CS/SB 246 died in House
6 2015 LEGISLATIVE ACTION AGENDA
messages. HB 7179 passed the House State Affairs Committee but died in
the House. HB 7181 died in Senate messages.
DISABILITY PRESUMPTION
In Florida, there is a disability presumption for firefighters, law enforcement
officers and correctional officers relating to health conditions from heart
disease, hypertension or tuberculosis. This means that disability claims
under workers' compensation and disability pension for these health
conditions are presumed to be job related.
FLORIDA RETIREMENT SYSTEM
Municipal participation in the Florida Retirement System (FRS) has been
voluntary since 1970.
Approximately 150 municipalities participate in various membership
classes, but they make up less than 5 percent of the members of the FRS.
FRS membership classes include: Special Risk (Police and Fire), General
Employees, Elected Officials and Senior Management. After opting -in,
current and future employees are compulsory members of the FRS. The
last "opt -out" for municipalities occurred in 1996 and was authorized for
new employees only. Approximately 50 municipalities and independent
special districts opted -out during this window.
Florida's municipal Home Rule authority should be restored by removing
the unfunded mandate requiring municipalities to provide "extra benefits"
to the police and firefighter pension plans. Negotiations between the city
and the bargaining unit, not the Legislature, should decide pension benefit
levels and the flexibility to fund those retirement benefits. Municipalities
in Florida are diverse. It should be up to each city to determine what
retirement benefits are sustainable and are affordable to its citizens. ■
2015 LEGISLATIVE ACTION AGENDA 7
Communications Services Tax and
Local Business Tax Protection
The Florida League of Cities SUPPORTS legislation
that protects general revenues collected from the
communications services tax and the local business tax.
These revenues are used to provide essential municipal
services, such as public safety and constructing and
maintaining roads and bridges, public parks and open
spaces. Maintaining a diversified revenue base strengthens
the fiscal stability of local governments and improves their
ability to serve citizens and businesses.
BACKGROUND:
COMMUNICATIONS SERVICES TAX
In 2001, the Florida Legislature restructured taxes on telecommunications,
cable, direct -to -home satellite and related service under the Communi-
cation Services Simplifications Act. This act replaced and consolidated
seven different state and local taxes and fees into a single tax that has
two centrally administered parts, the state and the local communications
services tax (CST). The CST is one of the main sources of general revenue
for municipalities, providing them with nearly $500 million each year.
These revenues may be used for any public purpose, including pledging the
revenues to secure bonds.
In 2014, Gov. Rick Scott promised to cut taxes by $500 million. Included in
that discussion was a reduction of the state CST rate. CS/SB 266 (Hukilp
would have reduced the state CST rate by 0.58 percent. This bill would
not have reduced the rate or anticipated revenues collected from the local
CST, which is directly levied by cities and counties. However, reducing the
state portion of the CST would have had a recurring negative fiscal impact
8 '015 LEGISLATIVE ACTION AGENDA
of approximately $3.2 million to cities. This estimated fiscal impact would
be from revenues the state shares with municipalities. CS/SB 266 died in
committee. Supporters rof-this propsa argued -that a reductwnin the rates
would have been beneficial to consumers because they think the current
combined rate of the gross receipts, state and local CST rates are too high.
The Legislature passed HB 5601 (House Finance and Tax Subcommittee
and Workman), which amended and revised the definition of "prepaid
calling arrangement" to clarify the services included under that definition
and that are therefore subject to a sales tax. Under HB 5601, this new
definition will be applied retroactively. As a result of this change, prepaid
calling arrangement sales previously subject to the CST are now subject
only to the sales tax.
LOCAL BUSINESS TAX
Currently, a municipality may impose a local business tax for the privilege
of engaging in or managing a business, profession or occupation within
its jurisdiction. The amount of the tax, as well as the occupations and
businesses on which the tax is imposed, is determined by the local
government. Local business tax revenues collected by local governments
are used to assist funding of services critical to business, such as zoning,
permitting, code enforcement, and police and fire. Local governments
may also use business tax revenues to help fund other vital services,
such as economic development programs that present a direct benefit
to businesses through the marketing of local areas. Many municipalities
use the business tax as general revenue funds and have pledged these
revenues to secure debt. Collections for municipal local business tax
revenues are approximately $145 million annually.
In 2014, the Legislature passed CS/HB 803 (Boyd), which clarifies that
certain data processing services by electronic transmissions are not subject
to the communications services tax. This is a clarification of current law
and, therefore, has no fiscal impact on municipalities. Additionally, the
Legislature passed HB 5601 (House Finance and Tax Subcommittee and
Workman), which removes the requirement that municipalities conduct an
equity study commission to reduce or repeal the local business tax.
Reducing either of these vital sources of general revenue would require
municipalities to increase taxes, fees, and millage or cut services to make
up for this financial loss. ■
Stormwater Fee Collection
The Florida League of Cities SUPPORTS legislation
that clarifies all users of a stormwater utility, including
governmental entities, are required to pay stormwater
charges to pay the cost of operation and maintenance
of such a utility.
BACKGROUND:
A stormwater utility is a stormwater manage-
ment program funded by user fees based on
the users' demand for stormwater services.
The program is defined by stormwater man-
agement activities such as flood and pollution
control, permitting, inspection, maintenance
and capital construction. The program's infra-
structure of culverts, ditches, swales and ponds
are the assets of the stormwater utility. They are constructed, managed and
operated using revenues from the stormwater utility fee.
The users of the stormwater management system pay for the system's cost.
Stormwater utility fees are equitable. The more a stormwater utility cus-
tomer creates runoff that is discharged to the municipality's infrastructure,
the more the customer benefits from the services of the infrastructure and
the more the customer pays. Fees paid directly correlate to the amount
of "services" used. This is the same as other services funded by user fees,
such as drinking water or wastewater.
By law, utilities are prohibited from generating excess revenues as they
are strictly a user fee operation. As such, if certain types of properties are
exempt from paying any utility user fee (including stormwater utility fees),
the responsibility for payment of the program is shifted to the remaining
fee payers. When one class of property does not pay its fair share, the
remaining properties absorb a disproportionate share of that responsibility.
There is no "free lunch:' If certain users within a municipality are not paying
their stormwater fees, cities will be forced to look to other ways to recoup
that lost capital. This can be done by raising their stormwater fees to all
other users, or expending general revenue to make the utility whole. ■
Water Quality and Quantity
The Florida League of Cities SUPPORTS legislation
that provides a recurring source of funding for local
government programs and projects that protect water
resources, improve water quality and quantity, and expand
the use of alternative water sources.
BACKGROUND:
Florida is dealing with multiple water challenges. South Florida faces
water quality problems in the form of massive water releases of nutrient -
enriched waters. Those releases, which are controlled by the U.S. Army
Corps of Engineers, pollute the estuaries and water systems that flow to
the St. Lucie River on the east and the Caloosahatchee River on the west.
North Florida faces an impending disaster in its oyster industry due to
increased water usage by Alabama and Georgia. Meanwhile, all of Florida
is struggling with how to efficiently conserve water and avoid devastation
to the Floridan Aquifer. With the scope of Florida's water challenges, local
governments need additional tools from the state, such as a recurring source
of funding, to protect our water resources and improve water quality.
The State of Florida and its local governments must comply with drinking
standard, that are mandated by the Federal Clean Water Act. The following
passage found on the U.S. Environmental Protection Agency's website
succinctly highlights some of the issues Florida faces: "Clean water is vital
for Florida. Excess nitrogen and phosphorus, or 'nutrient pollution,' is the
primary cause of water quality impairment throughout the state and causes
algae blooms - the thick, green muck that fouls clear water. Nutrient
pollution threatens human health and the environment, hurts businesses,
costs jobs, reduces property values and otherwise impacts the quality of
life for all Floridians. Water quality standards help to protect and restore
the quality of the nation's surface waters, consistent with the requirements
of the Clean Water Act"
Local governments work in coordination with the Florida Department of
Environmental Protection (DEP), as well as the five water management
districts (WMDs), to constantly assess the quality of the waters within
municipal boundaries and the allocation of ground water. The state's
Water Resources Act of 1972 is the backbone of Florida water law and
provides for regulatory actions to be taken when there are water quality
issues. Once impaired water bodies are identified by the DEP, a Basin
Management Action Plan (BMAP) is put into place. This action plan is used
to help reduce the excess nutrients in the water that initially caused the
impairment. Local governments must comply with the BMAP in order to
have their waters meet state and federal water quality standards.
A healthy supply of clean water is an economic driver that most people
do not realize. Our state produces a tremendous amount of agricultural
products, and Florida is a national leader in tourism. Without access to a
bountiful supply of clean water, Florida's 410 cities - and the entire state -
will be vulnerable to economic collapse. ■
12 2015 LEGISLATIVE ACTION AGENDA
Enterprise Zones
The Florida League of Cities SUPPORTS legislation that
reauthorizes and improves the Enterprise Zone program
scheduled to sunset on December 31, 2015.
BACKGROUND:
In 1982, the Florida Legislature created the Enterprise Zone (EZ) program
to provide incentives to encourage private investment in economically
distressed areas of the state. The program has several goals, including
revitalizing and rehabilitating distressed areas, encouraging businesses to
locate and expand in these areas, stimulating employment among area
residents, and enhancing the areas' general social and economic well-being.
In 2005, the Florida Legislature extended the EZ program for 10 years,
which means it is scheduled to sunset on December 31, 2015, unless
the Legislature reenacts the program. The sunset of this vital economic
development program will result in the loss of an important tool used by
cities to create jobs and stimulate local economies.
To achieve the EZ program goals, the state, county and municipal govern-
ments provide investments, tax incentives and local government regulatory
relief to encourage residents to improve their property and businesses to
invest and locate in designated zones. Tax incentives include a sales and
use tax credit, tax refund for business machinery and equipment used
in an enterprise zone, sales tax refunds for building materials used in an
enterprise zone, and sales tax exemptions for electrical energy used in an
enterprise zone. Local governments can provide additonal incentives for a
business zone located within the boundaries.
Currently, Florida has 65 enterprise zones. Because of the diversity in the
population and economy throughout the state, the EZ program is designed
to accommodate large and small cities. The loss of this program would
affect Florida communities in both urban and rural areas.
In the EZ program annual report dated March 1, 2013, the Department of
Economic Opportunity (DEO) noted that in 2012:
■ 4,500 businesses moved into or were created in enterprise zones;
■ 11,602 new jobs were created by businesses located in enterprise
zones;
■ $10,934,474 state tax incentives were approved by the Florida
Department of Revenue; and
■ 1,454 state tax incentive applications were approved by the Florida
Department of Revenue.
Furthermore, over a 17-year period from 1997 to 2013, DEO staff has
indicated that the EZ program has created about 130,000 new jobs.
Critics of the program have cited low business participation, lack of
employment growth and limited effectiveness in meeting the goals
established by the Legislature for the program. As a result, advocates
of the EZ program have suggested the following revisions to reduce
regulation and increase economic development and efficiency:
■ Reducing minimum thresholds for smaller businesses
■ Modifying job tax credits to include part-time employees
■ Increasing the tax refund for building materials
■ Simplifying the application process and allowing online applications
■ Expanding the area in which qualified employees must reside to an
area outside the EZ
■ Seeking incentives for employer paid job training and certifications
The EZ program is one of the few economic development tools that allows
cities to partner with the state to accomplish the task of rebounding
Florida's economy. ■
Developments of Regional Impact
The Florida League of Cities OPPOSES expanding
exemptions or repeal of the Developments of Regional
Impact (DRI) process.
BACKGROUND:
The Developments of Regional Impact (DRI) process sets up an in-depth,
comprehensive approach for evaluating certain large-scale developments.
More specifically, the DRI process provides for coordinated state and regional
review of the impacts anticipated by large developments that, because of
their character, magnitude or location, would have a substantial effect on the
health, safety or welfare of the citizens of more than one county.
Throughout the evolution of the Comprehensive Planning Act, the DRI
process has stayed in place. Although the Legislature has taken steps
toward removing or phasing out the DRI process, these attempts have
failed, but what remains is a scaled -down version of the original DRI
process. The Legislature has increased thresholds for determining what
projects are considered DRIB and created multiple exemptions to the DRI
process, such as airports, mines, power plants, hotels and marinas.
Small to medium-sized cities with limited planning resources rely heavily
on the DRI process to successfully plan large-scale developments. Crucial
in assisting these cities in the planning of DRIs are the Regional Planning
Councils (RPCs). The RPCs provide a broad -based regional perspective and
enhance the ability op orp unty oflocal governments to resolve issues
and problems transcending their individual boundaries.
The RPC also acts like a planning consultant, assisting the developer at the
early stages in understanding and planning for the appropriate regional
impacts, which ultimately is designed to result in project designs that
are improved relative to the initially submitted proposal. This technical
and planning support can be particularly valuable to small and/or rural
communities that do not have their own planning staff.
One of the largest exemptions to the DRI process is the "dense urban
land area" (DULA) exemption. Projects located in jurisdictions that meet
a certain statutory density criteria are considered DULAs and are exempt
from DRI review. Currently, this exemption applies to eight counties and
242 cities. The DULA exemption effectively leaves only smaller cities with
limited planning resources within the DRI program.
During the 2014 legislative session, SB 372 (Galvano) would have expanded
the DULA exemption from the DRI process to an additional seven counties
and 20 cities. Ultimately, SB 372 failed to pass the Legislature.
One of the most significant impacts resulting from large-scale develop-
ments is increased traffic that often affects multiple local government
jurisdictions. Without the DRI process, cities would have limited means to
address development impacts outside of their jurisdictions. The RPCs often
recommend extra jurisdictional traffic impact mitigation. Any efforts to
scale down or eliminate the DRI process will severely handicap the ability
of cities with limited resources to plan or approve large-scale developments.
Critics of the DRI process claim the process often takes months to complete
and that studies and mitigation expenditures can be costly. However, many
people agree that the DRI program continues to improve large-scale devel-
opments and communities through effective regional planning. Without the
DRI process, cities with limited planning departments cannot effectively plan
large-scale developments that will affect multiple jurisdictions. ■
Transportation Funding
The Florida League of Cities SUPPORTS legislation
that preserves local control of transportation planning,
provides equitable transportation funding among
municipalities and counties, and provides opportunities
for additional revenue options for municipal transportation
infrastructure projects.
BACKGROUND:
Currently, municipalities have limited revenue options for funding transpor-
tation projects. A major portion of transportation funding flows to munici-
palities through the county, state and federal governments. Much of that
funding is generated through a tax on gasoline. Recent data has shown
that gas tax revenues at both the state and federal levels have decreased
dramatically, primarily due to an increase in the number of fuel efficient
vehicles on the road. More fuel efficient vehicles means less gas is being pur-
chased, resulting in lower gas tax revenues. As vehicles will only become
more fuel efficient, gas tax revenue is forecasted to continue to decrease.
To compound the problem, the federal gas tax was last increased in 1997,
the state gas tax in 1943, the county gas tax in 1941 and the municipal gas
tax in 1971. None of these taxes are indexed for inflation, unlike other tax
revenues that typically increase once the economy improves.
In addition, municipalities lack options to increase revenue to fund local
transportation projects. For example, charter counties may currently hold
a referendum on whether to impose up to a 1 percent sales tax to fund
transportation infrastructure projects. Also, Florida statutes allow each
county to levy up to 12 additional cents per gallon of fuel. The proceeds
of these "extra" fuel taxes are distributed by inter -local agreement or by a
statutory formula that is not favorable to municipalities. Municipalities lack
the authority to impose these fuel taxes. This can be problematic when
there are disparities between the transportation needs of municipalities
versus those of the more rural areas of the county at large. For example, a
referendum was held in Hillsborough County to enact such a tax. The tax
was defeated countywide; however, if the election results are broken down
by municipality, a majority of the residents of Tampa voted to approve the
tax. Extending such options to municipalities would allow greater flexibility
to fund their unique transportation needs.
Municipalities are at a disadvantage under the current funding arrange-
ments, which do not take into account lane miles, traffic counts or other
measures related to use and/or maintenance need. By including these
elements into the calculations that determine the distribution of transpor-
tation funding, local governments, and municipalities in particular, will be
able to more effectively address their transportation needs. ■
Ride -for -Hire Services
The Florida League of Cities SUPPORTS legislation that
defines and establishes uniform safety and insurance
standards for transportation network companies and their
independent contractors and that preserves Home Rule
authority over such services.
BACKGROUND:
Currently, for -hire transportation services such as taxis and limousines are
regulated by local governments in the state. In some instances, there are
special districts or transit authorities to manage such regulation. These
regulatory entities may require minimum wait times and/or minimum fares
for taxis and limousines. They may also limit the total number of permits
issued to operate taxis, jitneys, limousines for hire, rental cars and other
passenger vehicles for hire.
For -hire vehicle services are undergoing changes. Technological advances
are resulting in new methods for consumers to arrange and pay for
transportation, including software applications that make use of mobile
smartphone applications, Internet web pages, email and text messages.
In the new "sharing economy;' some ride -for -hire services are operating
as transportation network companies, a more formal name created by the
California Public Utilities Commission in 2013 to describe companies that
use an online platform to connect passengers with drivers who use their
own cars.
To adequately protect the public health, safety and welfare, some
statewide minimum regulatory standards need to be adopted as the ride -
for -hire vehicles cross city and county lines when transporting passengers.
However, local governments should retain their authority to adopt more
stringent regulations if the local government deems them necessary.
Regulatory issues local governments must address include permits,
background checks, safety standards and prevention of predatory and
discriminatory passenger/driver behaviors. A number of local governments
have also raised concerns regarding automobile and personal injury
insurance protections provided by these transportation network companies.
In a recent development, the Florida Office of Insurance Regulation (OIR)
ruled that at least one ride for hire service has adequate insurance coverages
that meet the state requirements. Clearly, that determination by the OIR
is limited in its scope and applicability and does not address the other
regulatory concerns raised by local governments or other transportation
regulatory bodies.
Florida's municipalities are extremely diverse and have different needs,
concerns and solutions to address the regulation of transportation network
companies and their independent contractors. To protect and serve munici-
palities, their citizens, consumers and independent contractors, it is impera-
tive that local governments retain their constitutional Home Rule authority
to regulate transportation network companies. ■
t I ri4if�ia
Homelessness
The Florida League of Cities SUPPORTS legislation that
provides a sustainable and dedicated funding source to
deliver training and technical assistance to programs that
offer the necessary support services for Florida's homeless
individuals and families and those who are at risk of
becoming homeless.
BACKGROUND:
According to a recent report by the Shimberg Center for Housing Studies,
there are 42,476 homeless individuals and 31,148 homeless families with
children in Florida. This does not include 6,798 unaccompanied homeless
youths working to stay in school and 24,815 families with children in school
who live in unstable housing, such as motels or with friends, neighbors and
relatives.
Florida has the nation's third largest homeless population according to the
state Council on Homelessness, and Florida experienced a 14.8 percent
increase in homelessness between 2007 and 2012 — a period during which
homelessness decreased 5.7 percent nationally.
The strain that the homeless population places on city budgets and services
is an issue for all of Florida's municipalities. By providing local governments
and community -based organizations with funding to deliver training and
technical assistance to meet the needs of the homeless population and
those at risk of becoming homeless, municipalities will be better equipped
to overcome the challenges they face and ultimately realize a sustained
reduction in local homeless populations. ■
2015 LEGISLATIVE ACTION AGENDA 21
Sober Homes
The Florida League of Cities SUPPORTS legislation that
defines and establishes statewide minimum regulatory
standards for properties used for "sober home" purposes
and allows for local regulation of such properties.
BACKGROUND:
"Sober homes" or "halfway houses" for individuals with drug and alcohol
problems have been around for decades and provide needed transitional
housing opportunities for people who are progressing through treatment
for substance abuse problems. However, several cities throughout the state
have been experiencing increasing problems with sober homes. These
homes are marketed as places where recovering addicts can come to
..sober up" and be slowly phased back into society while getting treatment
for their addiction. Lately, cities have seen a proliferation of self-proclaimed
"sober homes" that are run by unscrupulous landlords who are exploiting
patients in order to make a profit. The Tampa Bay Times recently wrote a
series of articles describing some of the problems these unregulated facilities
are causing for both patients and non -patients in cities across the state.
The investigation into sober homes by Tampa Bay Times senior correspon-
dent Susan Taylor Martin uncovered a multitude of problems. Without
licensing requirements, state regulations or oversight setting minimum
operating standards, many sober homes operate in the shadows and
are off"fFy_-by-niggh y ep facilities—. Th�imes ar ice reported — -
.. in some homes, residents are housed two to three to a room. This is a
lucrative business if each person pays $500 per month, meaning a three -
bedroom house with two residents per bedroom can bring in $3,000 per
month. But residents don't get what they pay for."
With no regulation from government agencies, setting up a sober home
is as easy as renting a house to a few residents who pledge to live in
sobriety and attend support groups. The operators of these problematic
sober homes often advertise on the Internet as offering treatment on -site
or providing transportation to off -site treatment facilities. Once residents
arrive, they find that no treatment is offered and there is very little
oversight by the owners of the sober home. Instead, residents are free to
do whatever they choose, which for many means to hit the streets to find
drugs or alcohol (and in one Delray Beach home attached to a bar, they
don't have to go too far). Law enforcement officials have seen increases in
crime and homelessness in neighborhoods where these sober homes have
located. Residents of these neighborhoods have reported an increase in
burglaries, panhandling and even some instances where the sober home
operators are openly using or selling drugs out of the sober home.
As a result of the lack of uniform state standards or regulations for sober
homes, there are some houses that are nothing more than a group of
individuals living together abiding by self-imposed rules of sobriety, while
other houses are operating just shy of administering treatment on -site and
flying under the radar of the Department of Children and Families (DCF)
because they are not "formally affiliated with" a "licensed service provider."
(Those houses that are affiliated with a licensed service provider are
currently required to be licensed by DCF, while homes not affiliated with a
licensed service provider are not required to be licensed by DCF.)
Therefore, the League will support efforts to clearly define sober homes
in statute and allow for the regulation of these facilities. Sober homes will
continue to be a problem for cities and law enforcement in Florida until
the Legislature decides to act and place minimum operating standards for
these places into statute. ■
2014 Florida League of Cities
L-&gislative Affairs Team
C. Scott Dudley
Director,
r Legislative Affairs
sdudley@flcities.com
• State and Federal
Legislative Issues
• Governmental
Relations
John Thomas
Senior Director,
Membership and
Public Affairs
jthomas@flcities.com
• External Communications/
Social Media
• Media Relations
• Research and Resources
• Florida League of Mayors
Ryan Matthews
Associate Director,
.�., Legislative Affairs Kraig Conn
rmatthews@flcities.com Deputy General Counsel
• Environmental and Legislative Counsel
Energy kconn@flcities.com
I �d • General Utilities State and Federal
• Solid Waste Legislative Issues
• Stormwater
• Water Quality/Wastewater
• Water Supply/Policy
Allison Payne
Manager, Advocacy
Programs and
�a Federal Affairs
` apayne@flcities.com
• Local/Regional Leagues
• Key Contact Program/
Advocacy
• Federal Affairs/
NLC Liaison
Amber Hughes
Legislative Advocate
ahughes@flcities.com
- =y
• Finance & Taxation
• Revenues & Budgeting
• Insurance
• Personnel & Collective Bargaining
• Workers' Compensation
• Retirement/Pension Issues
• Telecommunications
Casey Cook
Senior Legislative
Advocate
ccook@flcities.com
Public Safety
Building Code/
Construction
Purchasing
Ordinance/Code
Enforcement
Emergency
Management
Public Records/
Public Meetings
• Special Districts
24 2015 LEGISLATIVE ACTION AGENDA
2014 Florida League of Cities
Legislative Affairs Team
/ David Cruz
Assistant General Counsel
jag dcruz@flcities.com
• Community Redevelopment
f�• Economic Development
• Growth Management
• Annexation
• Property Rights
• Tort Liability
• Eminent Domain
• Ethics/Elections
Megan Slrjane-Samples W1111111111I Legislative Advocate
msir%anes-samples@flcities.com
• Rights -of -Way
• Billboards
• Transportation/Highway Safety
i • Charter Counties
• Charter Schools
• Affordable Housing/Foreclosures
• Gaming
Kathy Till
Advocacy Programs
Coordinator
ktill@flcides.com
Erika Bowen
Administrative Assistant
ebowen@flcities.com
Holly McPhail
Legislative Assistant
hmcphail@flcities.com
Lisa Dove
Administrative Assistant
Idove@flcities.com
2015 Key Dates*
Federal Action Strike Team (FAST) Fly -In
Washington, DC
Session Convenes
LC Congressional City Conference
tashington, DC
League of Cities Legislative Action Days
Session
Policy Committee Meetings
Orlando
Committee Meetings
89th Annual FLC Conference
Orlando World Center Marriot
*Dates subject to change
26 �015 LEGISLATIVE ACTION AGENDA
The following city officials served as chairs and vice chairs of the Florida
League of Cities legislative policy committees. We thank them and the
hundreds of municipals officials who participated in the development of
these legislative priorities.
Energy, Environment and Natural Resources
Chair: Mayor Sam Henderson, City of Gulfport
Vice -Chair: Commissioner Sara Shaw, City of Kissimmee
Finance, Taxation and Personnel
Chair: Mayor Harry Jennings, City of Daytona Beach Shores
Vice -Chair: Commissioner Jim Norton, City of Weston
Growth Management and Economic Affairs
Chair: Vice -Mayor Manny Cid, Town of Miami Lakes
Vice -Chair: Council Member joyce gillie gossom, City of Fort Walton Beach
Transportation and Intergovernmental Relations
Chair: Council Member Judy Davis, City of Riviera Beach
Vice -Chair: Councilman Charles Bare, City of Pensacola
Urban Administration
Chair: Mayor Willie Charles Shaw, City of Sarasota
Vice -Chair: Commissioner Dan Daley, City of Coral Springs
16
Mayor Matthew Surrency, Hawthorne
Second Vice President
Mayor Susan Haynie, Boca Raton
municipalities of Florida. Its mission is to concentrate the influence
of all city, town and village officials upon other policymaking bodies
for the purpose of shaping legislation and public policy, sharing
the advantages of cooperative action, and exchanging ideas and
For more information on the League's legislative initiatives, please
Phone: (850) 222-9684
Fax:(850) 222-3806
Visit the League's website at www.floridaleagueofcities.com.
Superintendent of Schools Miami -Dade County School Board
Alberto M. Carvalho Peria Tabares Hantman, Chair
November 21, 201.4 Dr. Lawrence S. Feldman, Vice Chair
Dr Dorothy-Bendross-Mndingall
Susie V. Castillo
Carlos L. Curbelo
Dr. Wilbert "Tee" Holloway
Dr. Martin Karp
Dr Marta P6rez
Raquel A. Regalado
Dear Mayor:
Despite Florida's economic challenges during the past several years, Miami -Dade
County Public Schools has seen significant student achievement gains. The results.
are compelling as we have received national recognition for student achievement
outcomes. To continue our success, we need your continued support. We respectfully
request your support of the Miami -Dade School Board's legislative platform, adopted at
the October 7, 2014 School Board meeting, (enclosed) for the upcoming 2015
legislative session. This platform reflects the legislative needs identified by the School
Board, staff and also by interested citizens, PTA/PTSA groups, employee groups,
administrators, and other community stakeholders.
We respectfully request your support of The School Board's top three priorities for the
upcoming legislative. session which are:
Funding
Restore the state's investment in K-12 education by increasing the Base Student
Allocation (BSA) to at least pre -recession levels of $4,163.47 and the total per student
funding of $7,307.90.
Value Adjustment Board Structural Changes
Revise the Value Adjustment Board proceedings to include:
• Proof of the property owner consent/knowledge of an appeal;
• Limit appeal rescheduling to only one for good cause;
• Payment of interest at the market rate; and
• Require the property appraiser to finish all appeals by June 30th of each year.
Fair and Equitable Accountability Reform
.Revise the current assessment system and accountability system to:
• Provide proper field testing in Florida of the entire new state assessment, not
simply sample questions, ensuring the statistical requirements of validity and
reliability;
School Board Administration Building • 1450 N.E. 2nd Avenue • Miami, Florida 33132
305-995-1000 • www.dadeschools.net
" P r o v i d e a t w o - y e a r t r a n s i t i o n o f g r a d i n g d i s t r i c t s a n d s c h o o l s t o a l l o w f o r f i e l d
t e s t i n g a n d s e t t i n g a p p r o p r i a t e b a s e l i n e a s s e s s m e n t d a t a ;
" A u t h o r i z e a l t e r n a t e m e t h o d s f o r a s s e s s i n g l e a r n i n g a n d a c h i e v e m e n t f o r s p e c i a l
p o p u l a t i o n s s u c h a s E S E a n d E n g l i s h L a n g u a g e L e a r n e r s ( E L L ) s t u d e n t s ;
" E - l s u r e - t w 0 y e a r s o f l a n g u a g e a c q u i s i t i o r i f o r E L L s t u d e n t s ;
" S u s p e n d a c c o u n t a b i l i t y c o n s e q u e n c e s f o r a n o t h e r y e a r ;
" P r o v i d e F l o r i d a ' s s t a t e w i d e a s s e s s m e n t s i n m u l t i p l e l a n g u a g e s a s a l l o w e d b y
f e d e r a l r e g u l a t i o n s - ,
" E l i m i n a t e t h e p r a c t i c e o f u s i n g s t u d e n t p e r f o r m a n c e o n a s i n g l e s t a n d a r d i z e d t e s t
a s t h e s o l e b a s i s o f s t u d e n t a n d s c h o o l p e r f o r m a n c e ; a n d
" P e r f o r m a c o m p r e h e n s i v e r e v i e w o f t h e e n t i r e a s s e s s m e n t p r o g r a m .
O n b e h a l f o f t h e p u b l i c s c h o o l s t u d e n t s o f . M i a m i - D a d e C o u n t y , I t h a n k y o u f o r y o u r
c o n t i n u e d s u p p o r t , a n d l o o k f o r w a r d t o w o r k i n g w i t h y o u . I f y o u h a v e a n y q u e s t i o n s o r
n e e d a d d i t i o n a l i n f o r m a t i o n , p l e a s e c o n t a c t M s . I r a i d a R . M e n d e z - C a r t a y a , A s s i s t a n t
S u p e r i n t e n d e n t , O f f i c e o f I n t e r g o v e r n m e n t a l A f f a i r s , G r a n t s A d m i n i s t r a t i o n , a n d
C o m m u n i t y E n g a g e m e n t , a t 3 0 5 9 9 5 - 1 4 9 7 .
A M C : I b d
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c c : S c h o o l B o a r d M e m b e r s
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S u p e r i n t e n d e n t ' s C a b i n e t
S i n c e r e l y ,
0 4
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S u p e r i n t e n d e n t o f S c h o o l s
P a g e 2 o f 2
MIAMI-DADE COUNTY PUBLIC SCHOOLS
2015 STATE LEGISLATIVE PROGRAM
GOAL STATEMENT
The Florida Legislature should establish a five-year strategic plan to restore, stabilize, and
increase funding through the Florida Education Finance Program (FEFP) to achieve at least the
national average in per pupil expenditure's to provide the highest quality education and to enable
af/ of our students to be empowered to lead productive and fulfilling lives as lifelong leamers and
responsible citizens.
2015 LEGISLATIVE PRIORITY POSITIONS
FUNDING:
Restore the state's investment'in K-12 education by increasing the Base Student Allocation
(BSA) to at least pre -recession levels of $4 163.47 and the total per student fundihg of
7 307.90. .
Revise the Value Adiustment Board proceedings to include:
• Proof of the property owner' consent/knowledge of an appeal:
Limit ameal rescheduling to only one for good cause;
• Payment of interest at the market rate: and .
• Require the property appraiser to finish all appeals by June 30h of each year.
Modify the penalty for non-compliance with the constitutional class size requirement to be based
on the school -wide average for all public schools.
Conduct an impartial third-partystudy to develop a cost of education Index which focuses on
cost differences integral to K-12 public school district operations reflecting such costs as
average -teacher salaries, health insurance for employees, property insurance per FTE,, and
transportation costs per FTE.,
Increase funding for Safe Schools and revise allocation formula so that each district's allocation
is equal to fifty percent of. prior year eligible district expenditures.
Fully fund the infrastructure cost and the acquisition of computers for the mandated expansion
of computer -based 'administration of statewide testing, and the digital content conversion
required by 2015-2016,
completion of dual enrollment courses by students.
Page 1 of 7
Fully fund and allow school districts to determine locally how to ensure the lowest performing
schools/students receive additional instructional time by either. extending the school day or
extending the school year.
Eliminate the statutory brovision requiring the passage of end -of -course assessment'for funding
Purposes.
Amend F.S. 1008.36 related to Florida School Recognition Program requiring FLDOE to
distribute funds to eligible schools only after all school letter grades are released.
Fully fund the development of end -of -course (EOC).
Oppose the imposition of unfunded, state -mandated expenditures.
ACCOUNTABILITY REFORM:
Revise the current assessment system and accountability system to:
• Provide proper field testing in Florida of the entire new state assessment, not simply
sample questions, ensuring the statistical requirements of validity and reliability
• Provide a two-year transition of grading districts and schools to allow for field testing and
setting appropriate baseline assessment data;
• Authorize alternate methods for assessing learning and achievement for special
populations such as ESE and English Language Learners (ELL) students;
• Ensure two years of language acquisition for ELL students;
• Suspend accountability consequences for another year,
• Provide Florida's statewide assessments in multiple languages as allowed by federal
regulations;
• Eliminate the practice of using student performance on a single standardized test as the
sole basis of student and school performance; and
• Perform a comprehensive review of the entire assessment program. ] ADDED
Reinstate a special education diploma for students with disabilities.
Ensure charter and private schools receiving public monies adhere to the same teacher
certification, student placement, and progression policies to ensure compliance with federal and
state accountability requirements.
CAPITAL FUNDING:
Establish a long-term, stable, and recurring revenue source sufficient to fulfill the stale's
educational facility needs.
Restore the allowable discretionary voted capital outlay millage by .10 mills annually until
restoration of the full 2 mills.
Oppose any diversion of Local Discretionary Capital Outlay levy revenue from traditional public
schools to charter schools. .
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Fully fund the Public Education Capital ,Outlay. Program that involves construction and
maintenance programs for public school districts and ensure that school districts receive their
SCHOOL READINESS. ._
Support state funding for a high -quality, full -day Voluntary Pre-K (VPK) program.
CHARTER SCHOOLS:
Repeal the requirement to use the standard charter contract.
Oppose any changes to current requirements regarding charter conversion of traditional public
schools that dilute the role of parents, teachers, and community stakeholders.: .
Support capital funding for charter schools that:
• Creates neither a reduction of funding to traditional public schools in operating or capital
funding nor a requirement for additional taxing mandate on the local school district;
• Requires public input; and
• Protects taxpayers' investment ensuring that capital funding be spent only on assets that
can be returned to the public school district.
Establish a level playing field for traditional public schools by extending the current statutory
flexibility such as the exemption from State Education Required Facilities (SREF), categorical
funding, accountability, class size reduction compliance and related penalties assessed on
charter schools,
Clarify that a charter school contract automatically terminates after a charter school has
exhausted all of its administrative appeals after receiving two consecutive grades of F or upon
voluntary closure.
more integrated schools.
Improve safeguards of tax payer investments and transparency between traditional public
schools and charter schools, including, but not limited to, implementing the following
safeguards:
• Require charter school applications and lotteries be monitored by the local school board,
or an appropriate independent entity, to ensure a fair, equitable, and transparent process
for all students;
• _ Allow local school districts to negotiate an appropriate usage fee based on market
eomparables;
• Require funding to follow the student when transferring between charter and traditional
public schools during the school year;
Page 3 of 7
" E s t a b l i s h f i n a n c i a l d i s c l o s u r e s t a n d a r d s a n d r e q u i r e m e n t s f o r c h a r t e r s c h o o l o f f i c e r s a n d
r e l a t e d p a r t i e s i n v o l v e d i n f i n a n c i a l d e c i s i o n m a k i n g , s i m i l a r t o t r a d i t i o n a l p u b l i c s c h o o l
s t a n d a r d s ;
" R � a u t r e t h e - s t t a t � t a c r e a t e ��n r e g u a l f i c a t i o n p r o c e s s f o r c h a r t e r s r h o n l - a p o l i c a n t s ; a n d
" R e q u i r e t h e s a m e s t a n d a r d s o f g o v e r n a n c e c o n d u c t a n d e t h i c s f o r p u b l i c o f f i c i a l s t o
a p p l y t o c h a r t e r s c h o o l g o v e r n i n g b o a r d m e m b e r s c h a r t e r s c h o o l c o r p o r a t e o f f i c e r s a n d
e m p l o y e e s .
T E A C H E R P R E P A R A T I O N I C O M P E N S A T I O N :
R e q u i r e t e a c h e r c e r t i f i c a t i o n t o m e e t t h e r e q u i r e m e n t s o f N o C h i l d L e f t B e h i n d ( N C L B ) a n d a l i g n
s t a t e s t a n d a r d s t o e n s u r e t h a t t e a c h e r s a r e h i g h l y q u a l i f i e d i n c o n t e n t a r e a s a s w e l l a s i n
p e d a g o g y .
E d u c a t i o n a l p r o g r a m n e e d s m u s t i n c l u d e t h e a b i l i t y f o r i n s t r u c t i o n a l s t a f f t o b e q u a l i f i e d i n o r d e r
t o c e r t i f y s t u d e n t s i n v o c a t i o n a l a r e a s f o r i n d u s t r y - c e r t i f i e d p r o g r a m s .
A m e n d s t a t e s t a t u t e s r e l a t e d t o t h e S t u d e n t S u c c e s s A c t t o c l a r i f y t h a t :
" O n l y o n e a n n u a l e v a l u a t i o n i s r e q u i r e d f o r t e a c h e r s ; a n d -
" P r o v i d e f o r a n n u a l s u p p l e m e n t s i n l i e u o f b a s e s a l a r y i n c r e a s e s f o r h i g h l y e f f e c t i v e
t e a c h e r s o n l y .
S A F E T Y :
R e q u i r e . t h a t t h e F l o r i d a H i g h S c h o o l A t h l e t i c A s s o c i a t i o n m a k e - l i t e r a t u r e a v a i l a b l e t o p a r e n t s o n
t h e i m p o r t a n c e o f h a v i n g a c a r d i o v a s c u l a r a s s e s s m e n t s u c h a s a n E K G p e r f o r m e d o n - s t u d e n t .
a t h l e t e s a n d p u r s u e m a n d a t o r y s c r e e n i n g p r i o r t o p a r t i c i p a t i o n i n a n y o r g a n i z e d s p o r t s ,
F A C I L I T I E S : -
P r o v i d e l o c a l s c h o o l d i s t r i c t s t h e f l e x i b i l i t y t o u s e t h e F l o r i d a B u i l d i n g C o d e i n l i e u o f t h e S t a t e
R e q u i r e m e n t s f o r E d u c a t i o n a l F a c i l i t i e s .
W O R K F O R C E D E V E L O P M E N T :
S u p p o r t l e g i s l a t i o n t h a t a t t e m p t s t o s t r e n g t h e n t h e r o l e o f t e c h n i c a l c e n t e r s i n t h e d e v e l o p m e n t
o f a s k i l l e d w o r k f o r c e .
P a g e 4 o f 7
VIRTUAL EDUCATION:
Modify the requirement to offer three different virtual offerings to students.
nni I `V CTATWOMITQ•.
Funding
Fully fund. class size reduction requirement while providing increases to .the Base Student
Allocation (BSA) and other components of the FEFP.
Examine Florida's tax structure and phase .out sales tax exemptions for non -essential goods
and services; ensure that Internet sales remit necessary sales talc to Florida.
Support maximum flexibility in the use of categorical funds.
Maintain the integrity of the FEFP and equity of funding among school districts.
Oppose any prescribed expenditure such as the "65 percent solution" as a mandate in'the
Florida Constitution and further oppose any such' legislation, unless established as a spending
goal with the definition of expenditures to include all instructional support expenditures.
Oppose compression of the Discretionary Millage.
Placement, Cambridge (AICE)
programs.
Maintain the current required employers' contribution rate to the Florida Retirement System by
absorbing any planned increase in local employer's contribution.
Oppose legislation that increases the sovereign immunity liability limits on governmental
agencies.
Commit to long-term funding stability for teacher performance pay and teacher evaluation
systems,
Provide maximum flexibility with the funds appropriated.
Allow school districts to locally establish contract provisions inclusive of cost structures with
postsecondary institutions related to the delivery of,dual enrollment.
Increase ESE per pupil funding to account for both student growth' and. inflationary cost
particularly in level 254 and'255 to provide early identification and intervention services for
students with autism.
Support grant funding to create new and innovative programs and academies.
Page 5 of 7
Capital Funding
Provide adequate school construction funding to support hew and existing facilities, technology,
�,,... --- i�nri ,ni d¢8tnn and class size reduction needs through the establishment of long
term, stable and recurring revenue sources to fulfill the state's educational tacuity needs.
Oppose any further reduction in capital millage available to school districts for the purpose of
balancing the operating budget.
Oppose any attempt to equalize the capital outlay levy.
Oppose the deletion of impact fees unless replaced with another revenue source.
Expand the allowable use of a locally voted upon sales tax to include operating expenses that
maintain,' renovate, or repair existing school facilities or maintain, secure, or upgrade 'school
technology equipment.
Governance
Oppose legislation that subverts district governance of constituUohally elected local school
boards and elected or appointed superintendents.
Oppose legislation that modifies the governance structure,of The School Board of Miami -Dade
County, Florida. .
Oppose legislation that breaks up large school districts.
Choice
Support increased accountability measures for all publicly funded school choice options.
Oppose ail publicly funded programs that lack equitable and sufficient accountability measures.
Oppose implementation of additional or any increases in funding for voucher programs while
requiring more accountability from schools receiving Florida Tax Credit Scholarship (FTCS)
funding.
Academics
Support legislation that will require high -quality training An reading and English language
development for teachers responsible for instructing English Language- Learners (ELL). _
Support the development of high -quality English Language Proficiency (ELP) standards.
Oppose legislation that would limit offering gifted programs to eligible high school students.
Support legislation that delays Academic Scholarship Signing Day until May of each year.
Support legislation that ensures that Florida State Assessment (FSA) testing not be
administered during religious holidays.
Page 6 of 7
Require the state to provide a minimum of one-year lead time on new state requirements for
school districts.
Scholarship Program._
Create .a statewide task -force for Hispanic Heritage Education modeled after the African- ADDED
American Historytaskforce,
Student Safet
Support legislation that proposes a 'slowing down zone" within an area prior to entering a
schoo[zone.
Support funding to provide training for students, parents, teachers, school administrators,
counseling staff, and volunteers to learn how to recognize behaviors that lead to bullying and
harassment.
Ensure any casino authorized in Florida is at least 1,000 feet from a school or land designated
for school purpose.
Page 7 of 7
MIAMI-DADS COUNTY PUBLIC SCHOOLS
2015 FEDERAL LEGISLATIVE PROGRAM
MISSIONIGOAL STATEMENT
Provide the highest quality education so that all of our.students are empowered to lead.
productive and fulfilling lives as lifelong leamers and responsible citizens.
As the first session, of the 114rh Congress convenes, we urge the President and
Congress to reaffirm their commitment- to our nation's children by reinvesting in public
education.
FEDERAL EDUCATION RESOURCES
Increase the federal investment in public education to fully fund the implementation of
the Elementary and Secondary Education Act (ESEA) and Individuals with Disabilities
Education Act (IDEA).
Increase federal entitlement funding to school districts such as Title 1 appropriations for
disadvantaged students; Title 11 for improving teacher and principal training and
recruiting, or Title 111 for English Language Leamers (ELLS).
Support reform of formula funding disparities which hinder resources from reaching the
nation's poorest students.
Support the reauthorization of the Terrorism Risk Insurance Act CTRIA) ensuring that the
federal government would share some of the losses with the insurance market should a
significant event occur ensuring insurance coverage affordable and, available to local
governments.
ELEMENTARYAND SECONDARY EDUCATION ACT (140 CHILD LEFT BEHIND)
Reauthorize and modify the Elementary and Secondary Education Act (No Child. Lef... .
Behind Act 2001) to:
• :recognize student progress in lieu of the current all -or -nothing approach and
recognize degrees of progress for schools;
allow state flexibility to provide two years of language acquisition prior to ELL
• eliminate sanctions associated with not meeting adequate.yearly progress;
ensure fair accountability by providing flexibility for special: education and
ELLs and other formula adjustments and by requiring identical tests for Title I
and Title III students in non-public schools;
include other indicators for accountability such ,as dual enrollment industry
certification and Advanced Placement (AP) courses, graduation rates, and
Page 1 of 4
dropout attendance suspensions in determining Adequate Yearly Progress
(AYP) and align . accountability standards with those in the School
Improvement grant;
teachers in fields with shortages and/or in high -need communities; that create
career ladder paths; and that assist with rising housing costs;
establish new qualification requirements for teachers and paraprofessionals
to ensure that teachers be highly skilled in content areas, as well as in
pedagogy;
• allow districts to use Supplemental Education Services (SES) funds .to
provide tutoring to eligible students, as well as pay for monitoring and other
implementation costs out of the required 20% set -aside, and ensure that -
public schools not be unfairly prevented from providing remedial services to
students;
• require that funding to SES private providers be contingent on outcomes on
norm -referenced assessments developed and administered by the state
and/or the district; and
• allocate immigrant funds under Title 111 based on the number of recently
arrived foreign -born students.
EARLY CHILDHOOD EDUCATION
Support increased funding for the Head Start Program and appropriate early education
standards for Head Start that are aligned with state academic content standards
designed to ensure school readiness.
Support federal funding to develop, expand, and enhance quality voluntary preschool
programs while ensuring the adoption of developmentally appropriate early education
standards that are aligned with state K-12 academic content standards.
Support the Early Leaming Challenge Fund or similar legislation that encourages states
to develop effective, innovative child care delivery models that promote high quality
childhood education oroarams and ensure school readiness.
IMMIGRATION IMPACT
Address the financial impact of federal immigration policies on local school districts for
increased demand for immigrant education and integration programs by supporting the
Refugee and Entrant Assistance Program's under the Targeted Assistance and
Immigrant Education allocation serving foreign -born students and their families.
operational readiness.
Page 2 of 4
Support provisions of a. comprehensive immigration bill that.supports English language
literacy, and technical training as well as the DREAM Act or similar legislation fhat
would provide immigration relief to a select group of students who grew up in the United
States, who have 000d moral character. and who are nursuinn a nnIIPnP erlurafinn nr
have enlisted in the military.
SCHOOL NUTRITION -
Support increased federal reimbursement rates to more accurately reflect the cost of
producing a healthy school meal, including making the six cent certification permanent.
Provide program funds to support the costs of food service employees receiving
Wellness Plans,
Support a tiered system of income eligibility guidelines and reimbursement rates by
taking into account the varying costs of living in communities throughout the nation.
MEDICAID REIMBURSEMENT
Oppose any policy revisions to restrict school -based reimbursement for administration
expenditures and certain transportation costs for services provided to low-income
children with disabilities.
SCHOOL CONSTRUCTION/RENOVATION
Support supplemental allocations for large school districts with high levels of free and
reduced -price lunch participants to implement "green" sustainable projects, including
upgrading technology infrastructure, replacing school buses or maintenance vehicles to
improve operational efficiency and to reduce the carbon footprint, and extending the
useful life of existing school buildings by eliminating adverse indoor environmental
conditions that are not conducive to learning.
TECHNOLOGYIN SCHOOLS
Support increased resources with local flexibility and. expand eligible expenditures to
include educational linkage beyond the school for the Universal Service Fund Program
(E-Rate) and streamline refund procedures to provide schools and libraries with
-affordable access to state-of-the-art networking and telecommunications technology.
Increase E-Rate funding to help school districts and libraries achieve and maintain
universal broadband service.
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WORKFORCE PREPARATION
Support increased funding to meet the demands for workforce skills development under
the innovation and Oppiy c f6A) = the Carl T. Perkins Career
and Technical Education Improvement Act, and new federal workforce initiatives that
minimize barriers to service coordination; and safeguard the needs of all US workers,
including low-literacy.and disadvantaged populations.
Preserve the role of district -operated adult education and job training. programs.
HEALTH CARE
Retain tax -advantaged status of employee and employer contributions for healthcare
premiums and costs including Health Savings Accounts (HSA) and Health
Reimbursement Accounts (HRA) as well as Flexible Spending Accounts (FSA).
PERSONNEL
Enhance resources to recruit, develop, and retain highly qualified teachers in fragile or
low -performing schools.
STUDENT SAFETY
Support legislation that provides supplemental resources to assist school districts in
deferring internet crime and cybercrime through awareness and promotion prevention to
our students, teachers, and parents.
Support federal funding to local law enforcement and school districts to ensure that
schools have well -Trained and equipped police. personnel to protect children while in
schools.
Increase funding for safe and drug -free school initiatives to implement and expand
interventions that focus on reducing disruptive and aggressive behaviors and strengthen
students' emotional and behavioraiaetencies:
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