HomeMy Public PortalAboutLTC 102-2017 Legislative Session Final Report - 2017BAL HARBOUR
- VILLAGE -
OFFICE OF THE VILLAGE MANAGER LETTER TO COUNCIL
NO. 102-2017
To:
From: Jorge M. Gonzalez, Village Manag
Date: June 2, 2017
Subject: Legislative Session Final Report - 2017
Mayor Gabriel Groisman and Members of the Village Council
i
The purpose of this Letter to Council (LTC) is to transmit the attached Final Report for the
2017 Legislative Session as provided by Ron L. Book.
If you have any questions or need any additional information, please feel free to contact
me.
JMG/AC
Ronald L Book, P fl,
1801 OFFI((S
PROF(SS108fl1 MSSO(I11100
MEMORANDUM
To: Jorge Gonzalez, Village Manager
Bal Harbour Village
From:
Ronald L. Book, Esq.
Kelly C. Mallette
Rana G. Brown
Date: May 30, 2017
RE: 2017 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 Bal Harbour Village. Included in this report is a summary of the budget
and an update on legislation passed during the 2017 Regular Session. Should you have any questions
regarding budget information, legislation or legislative action, please do not hesitate to call or email us.
Bal Harbour Village Sanitary Sewer System Improvements Sponsored by Representative Geller and
Senator Campbell. Funding would be used toward the ongoing sanitary sewer improvements within the
Village.
Throughout Session, we worked to have funding included in the budget for the Bal Harbour Village Utility
Master Plan. Going into the budget conference at the end of week 8 and through week 9, the City's water
project was funded in the Senate budget at $425,000 (Line 2224M, see attached). However, through the
budget conference, funding was removed for several projects, including this project, from the overall
budget. We were able to work to get a small amount of funding added back to ensure that the project was
eligible for action through the end of conference, and we continued to work toward increasing that amount,
however the final funding amount remained at $50,000. Funded: $50,000
Beach Renourishment/The Village Sand Bypass Project: Our firm continues to be in ongoing
conversations with County staff regarding the status of the County's Master Plan update regarding the sand
bypass project. Additionally, we have submitted a meeting request for the Village to meet with the Mayor
and County staff addressing this issue.
Beach Renourishment Funding/Coastal Management: SB 1590 (Latvala) HB 1213 (Peters) The bill
would allocate $50 million a year, or 7.6%, whichever is less, from the state's Land Acquisition Trust Fund.
The bill would require the Department of Environmental Protection to develop a new three-year plan for
beach restoration projects, similar to the state's five-year transportation work plan. In this three-year plan,
projects would be scored on their return on investment and economic impact. It also would refocus attention
on sand management at inlets and seek a revision in a ranking system so the most serious erosion problems
are prioritized.
Harbour Centre 118851 N.E. 29th Ave., Ste. 1010 I Aventura, FL 33180
Phone: 305.935.1866 I Fax: 305.935.9737
104 West Jefferson Street I Tallahassee, FL 32301
Phone: 850.224.3427 I Fax 850.224.3361
SB 1590/HB 1213 did not pass. However, within the 2017 budget, $50 million was allocated for beach
renourishment projects.
Public Records/Attorney's Fees: SB 80 (Steube) and HB 163 (Burgess) As reported, these companion
bills grant discretion to a court to award attorney fees and costs relating to public records. CS/CS/SB 80
requires a court to award attorney fees and enforcement costs in actions to enforce public records laws if
the court determines that an agency unlawfully refused access to a public record and the plaintiff provided
written notice identifying the public records request to an agency records custodian at least 5 business days
before filing the action.
The 5 -day notice period excludes holidays and weekends. Advance written notice is not required if the
agency does not prominently post contact information for its records custodian in the agency's primary
administrative building in which public records are kept and on the agency's website, if the agency has a
website.
However, if the court determines that a plaintiff requested records or filed the enforcement action based on
an improper purpose, the court must award reasonable costs and attorney fees against the plaintiff. An
improper purpose is one in which a person requests records mainly to harass an agency, cause a violation
of the public records law, or for frivolous purpose. The bill further specifies that monetary damages are not
available in an action to enforce the public records laws.
SB 80 and HB 163 passed the Senate 38 — 0, and the House 115 — 0, was signed into law by the Governor;
Chapter No. 2017-021.
Vacation Rentals: SB 188 (Steube) and HB 425 (LaRosa) The final version of the bill would have
maintained the preemption that would prohibit local governments from regulating vacation rentals.
Additionally, the bill would have allowed any local vacation rentals ordinance that was passed prior to June
1, 2011, to maintain its grandfathered status, and the ordinance would have to be ratified in a local
referendum by at least a two-thirds of the electors. The Senate bill was amended to exempt the statutorily
defined, area of critical state concern, which is specifically the Florida Keys. The House bill did not include
the provision exempting the Keys, but did require that all rental property be treated equally, regardless of
the type of rental the owner chooses for the property. The House bill required that the owner of the vacation
rental property submit a copy of the vacation rental license required under chapter 509, to the local
jurisdiction, who in turn, could not charge a fee for the submission. Additional language clarified that the
copy of the rental license would only be used for informational purposes. Both bills included language
authorizing a local government to amend a law, ordinance or regulation that was adopted on or before June
1, 2011, to be less restrictive, or to reduce the regulatory burden, on active duty and temporary duty armed
forces personnel, and veterans with a 30 percent or more disability rating. Our firm worked throughout the
Session in conjunction with the many entities that opposed this preemption, including the League of Cities.
As this bill moved forward during the last week of the regular Session, eleven substantive amendments
were filed for action on the Senate floor, by both proponents and opponents. Because of these several
amendments, the hectic rush toward the end of Session, the controversial nature of this issue, the strong
opposition from our firm and many others, and the various amendments filed, the vacation rental bill was
not heard for final passage.
SB 188/HB 425 and did not pass.
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