HomeMy Public PortalAboutLTC 018-2018 Legislative Session Week 3 Report – January 22-26, 2018BAL HARBOUR
- VILLAGE -
OFFICE OF THE VILLAGE MANAGER LETTER TO COUNCIL
NO. 018-2018
To: Mayor Gabriel Groisman and Members of the Village Council
From: Jorge M. Gonzalez, Village Manager iwzr
Date: February 2, 2018
Subject: Legislative Session Week 3 Report - January 22-26, 2018
The purpose of this Letter to Council (LTC) is to transmit the attached Legislative Session
Week 3 Report provided by Ron L. Book.
If you have any questions or need any additional information, please feel free to contact
me.
JMG/AC
Ronald l. Book, I? fl.
LOOS 0111(11
PROF[SSI000L 0110(101100
2018 Session
Week 3 Report
Enclosed is our 2018 Session, Week 3 Report. Please let us know if you have questions on issues
included in this report, or on any other issue of concern. We will be happy to provide information
to you.
➢ BUDGET INFORMATION: Both the House and Senate have released their
proposed budgets. Going forward, we expect that the full Appropriations
Committees in both the House and Senate will meet and pass their respective
budgets during week 4. Budgets will pass the full House and Senate during
week 5, and then the budgets will be available for conference as of week 6.
BUDGET REQUESTS
➢ Bal Harbour Village - Bal Harbour Village Bakers Haulover Inlet Bypassing Project HB
4109: This project will reconfigure the north jetty at the inlet to enhance sand deposition to
keep sand out of the ebb and flood shoals. The jetty will be configured for fishing and public
access. At regular intervals, the beach (updrift, to the north) will be dredged and sand bypassed
to "downdrift" areas of the County, thereby maximizing inlet bypassing. The interval of
dredging will be every 2-4 years.
Local Match: 50% Sponsors: Senator Campbell, Representative Geller
Amount Requested: $750,000
➢ Update: The Senate budget contains $200,000 and the House budget does not include funding
at this time.
The Senate budget contains the following proviso. Additionally, we are pursuing a budget
amendment to increase the funding amount prior to budget conference.
1597B GRANTS AND AIDS TO LOCAL
GOVERNMENTS AND NONSTATE ENTITIES -
FIXED CAPITAL OUTLAY GRANTS AND AIDS
- BAL HARBOUR VILLAGE
BAKERS HAULOVER INLET BYPASSING
FROM GENERAL REVENUE FUND 200,000
From the funds in Specific Appropriation 1597B, $200,000 in
nonrecurring funds from the General Revenue Fund is provided
for the Bal Harbour Village Bakers Haulover Inlet Bypassing
Project (Senate Form 1909).
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r o a d w a y s a n d s i d e w a l k s o f C o l l i n s A v e n u e a n d 9 6 t h S t r e e t i n B a l H a r b o u r V i l l a g e . T h i s w i l l
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s i d e w a l k s . A d d i t i o n a l l y , t h i s w i l l s i g n i f i c a n t l y i m p r o v e t r a f f i c f l o w a s t h i s i n t e r s e c t i o n i s a
m a i n i n g r e s s a n d e g r e s s p o i n t f o r e v a c u a t i o n r o u t e s .
L o c a l M a t c h : $ 8 m i l l i o n S p o n s o r s : S e n a t o r C a m p b e l l , R e p r e s e n t a t i v e G e l l e r
A m o u n t R e q u e s t e d : $ 1 , 6 1 8 , 5 7 6
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a t t h i s t i m e .
L E G I S L A T I V E I S S U E S
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R e p r e s e n t a t i v e D o n a l d s
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a t t o r n e y t o m e e t p r i v a t e l y t o d i s c u s s p e n d i n g l i t i g a t i o n . U n d e r t h i s b i l l , t h e g o v e r n m e n t a l e n t i t y
a n d i t s a t t o r n e y m a y a l s o m e e t t o d i s c u s s " i m m i n e n t l i t i g a t i o n . " L i t i g a t i o n i s d e f i n e d t o b e
i m m i n e n t w h e n t h e e n t i t y h a s r e c e i v e d n o t i c e o f a c l a i m o r d e m a n d b y a p a r t y t h r e a t e n i n g l i t i g a t i o n
b e f o r e a c o u r t o f a d m i n i s t r a t i v e a g e n c y .
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a t a p u b l i c m e e t i n g , i n a d d i t i o n t o m e e t i n g o t h e r e x i s t i n g r e q u i r e m e n t s . I f t h e i m m i n e n t l i t i g a t i o n
d o e s n o t b e g i n , t h e t r a n s c r i p t o f t h e p r i v a t e m e e t i n g m u s t b e m a d e p a r t o f t h e p u b l i c r e c o r d a f t e r a
r e a s o n a b l e t i m e o r w h e n t h e u n d e r l y i n g s t a t u t e o f l i m i t a t i o n s e x p i r e s .
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d u r i n g w e e k t w o , b u t w a s n o t h e a r d d u r i n g w e e k t h r e e .
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t h i s s e s s i o n . A s o r i g i n a l l y f i l e d , S B 1 4 0 0 a n d H B 7 7 3 , b y S e n a t o r S t e u b e a n d R e p r e s e n t a t i v e L a
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a n d S B 1 6 4 0 ) w i l l b e h e a r d i n C o m m u n i t y A f f a i r s o n 1 / 3 0 .
T h i s p r o p o s e d c o m m i t t e e s u b s t i t u t e a c c o m p l i s h e s t h e f o l l o w i n g :
" C r e a t e s t h e " F l o r i d a V a c a t i o n R e n t a l A c t . "
" S e t s f o r t h l o c a l g o v e r n m e n t p a r a m e t e r s f o r a d d r e s s i n g v a c a t i o n r e n t a l s :
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o States that a local government may regulate activities that arise when a property is used as
a vacation rental, provided such regulation applies uniformly to all residential properties
without regard to whether the property is used as a vacation rental or as a long-term rental
subject to part II of chapter 83 or whether a property owner chooses not to rent the property.
o A local government may require a vacation rental owner to submit a copy of the vacation
rental license required under this chapter, a copy of the certificate of registration required
under s. 212.18, and the owner's emergency contact information.
o The submission of such documents and information is for informational purposes only. The
local government may assess a reasonable fee for the submission and may assess fines for
failure to comply. For the purposes of this subparagraph only, a vacation rental also
includes any part of a unit in a condominium or cooperative or any individually or
collectively owned single-family, two-family, three-family, or four -family house or
dwelling unit that is rented to guests for periods of less than 6 months.
o A local law, ordinance, or regulation may not prohibit vacation rentals or regulate the
duration or frequency of rental of vacation rentals. This paragraph does not apply to any
local law, ordinance, or regulation adopted on or before June 1, 2011, *including when
such law, ordinance, or regulation is being amended to be less restrictive.
• Requires each vacation rental to acquire a license through the Division of Division of Hotels
and Restaurants of the Department of Business and Professional Regulation (DBPR), sets forth
regulations, and provides for penalties if no license is secured.
• Clarifies tax implications
• Creates a provision for inspections, regulations, and penalties
• Defines "Vacation rental" to mean any unit in a condominium or cooperative or any
individually or collectively owned single family, two-family, three-family, or four -family
house or dwelling unit that is rented to guests for periods of less than 6 months.
• Creates a new type of vacation rental, a "Commercial vacation rental" which would mean one
that is (a) Is managed by one licensed agent under a single license, pursuant to for five or more
vacation rental units; or (b) Is part of five or more vacation rental units under common
ownership, control, or management, either directly or indirectly.
• Adds vacation rental into current law, which grants the ability for refusal of admission and
ejection of undesirable guests; notice; procedure; and penalties for refusal to leave the premises
• Includes vacation rentals into current law, that regulates conduct on premises, and a right of
refusal of service.
As noted above, the proposed committee substitute, combining elements of SB 1400 and SB
1640, will be heard in Senate Community Affairs this week, on 1/30. Link to the vacation rental
amendment summarized above:
http://flsenate.gov/Session/Bill/2018/1400/Amendment/660498/PDF
The House bill, HB 773, was not heard during week three.
Red Light Cameras: Senator Hutson and Representative Avila have filed SB 176 and HB 6001,
which would repeal the State law allowing local governments to use red-light cameras. All
regulation and use of red light cameras is preempted to the state.
HB 6001 has passed the full House with a vote of 83 — 18.
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The Senate companion has four committee references but was not heard during week three.
Beach Re -Nourishment: SB 174 by Senator Hukill, and HB 131 by Representative Peters
The proposal as currently drafted, would set state's minimum annual contribution to fund beach
renourishment, to a minimum $50 million annually, and the funding source would be the state's
Land Acquisition Trust Fund. The fund, which receives one-third of real estate stamp taxes, was
established to acquire and protect wildlife habitat, water resources and park land. The bills, as
currently drafted, seeks to revamp the way the state prioritizes beach and inlet -management
projects. It includes a detailed scoring system that would be used in determining which projects
should be priorities for funding. The proposed committee bill will follow this same path, however,
again, it has not yet been filed.
SB 174 has been scheduled for the Senate Appropriations committee for on 1/31.
HB 131 has not been heard to date.
County and Municipal Public Officers and Employees: HB 815 by La Rosa
The bill addresses two areas, financial reporting by municipal candidates and elected officials, and
travel by municipal elected officials and staff. This bill would accomplish the following:
• At the time of qualifying to be a candidate for elective municipal office, each candidate would
be required to provide a full disclosure of financial interests, which would then be posted on a
municipal website. This provision is currently required for qualifying for federal, state, county,
or district office.
• The bill requires county and municipal public officers to comply with the applicable financial
disclosure requirements of s. 8, Art. II of the Florida Constitution by January 1, 2019. This
provision would require both county and municipal public officers to file CE Form 6, "Full
and Public Disclosure of Financial Interests,"
• Requires any request for travel, by elected official or staff, to be approved at their publicly
noticed meeting.
• Requires the reporting of travel, and travel expenses to either the local ethics commission if
one exists, or state commission on ethics.
• The bill prohibits payment of or reimbursement for the foreign travel expenses of any county
or municipal public officer or employee under any circumstances. The bill provides an
exemption from this specific section, for elected, county constitutional officers.
Lastly, this strike all amendment by the bill sponsor, removed the requirements in the original bill
that put a $120 cap on travel for elected officials and staff
HB 815 as amended passed its first committee by a vote of 12 — 2, but was not heard during week
three.
The senate companion, SB 1 180 by Senator Steube, was not heard during week three.
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