CITY OF HALLANDALE BEACH, FLORIDA

MEMORANDUM

DATE:                      January 19, 2010

TO:                           D. Mike Good, City Manager

FROM:                     Mark Antonio, Assistant City Manager

SUBJECT:               CAD# 008/09 - Consideration of the City’s Legislative Action Plan

______________________________________________________________________

Purpose

The City Commission to discuss and prioritize the Legislative Issues of interest to be presented and/or proposed to the State Legislature during the 2010 Legislative Session and adopt its Legislative Action Plan

Background

As in the past, the City Commission has discussed various issues for submittal to the Broward County Legislative Delegation and State Legislators for consideration during the Legislative Session, which starts on March 2, 2010.  These items will be presented for City Commission discussion and consensus on Wednesday, January 27, 2010 at 11 a.m. to 1:30p.m. in City Hall Room 257.  Invited to this Legislative Special Meeting will be State Representative Joe Gibbons and State Senator Eleanor Sobel and consultant Corcoran & Johnston, the City’s lobbying firm.  Representative Joe Gibbons has graciously offered to provide lunch for the meeting. 

Discussion

As there are many issues that are significant to the City, it is imperative for the Commission to prioritize those issues that are most important, and to focus its energy in ensuring our voices are heard at the County, State and, if necessary, Federal levels. Accordingly, the issues requiring discussion by the Commission have been divided into three priorities:  Issues of Local impact, Issues of Statewide application, and Issues to be considered at the Federal level.

The list of issues that staff has complied for City Commission consideration is based on past City Commission directive and/or important Issues recommended by staff and is included herein as Attachment 1.

I have also included all bills of interest that have been filed as of today for the upcoming legislative session as Attachment 2. 

Recommendation

Staff requests the City Commission review the attached (Attachment 1) list of legislative issues and prioritize those issues to be included in the City’s Legislative Action Plan.  This list may include any additional issues any Commissioner may wish to include as part of the Legislative agenda, at which time the City Commission should adopt by consensus a legislative agenda and direct Staff to prepare a Legislative Action Plan incorporating the Commission’s requests.

Reviewed:

_______________________________                                                        __________

D. Mike Good, City Manager                                                                                     Date

_____Approved                _____Disapproved                _____Hold for Discussion

Comments:

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

DMG/ma

Attachments

ATTACHMENT 1

LIST OF PROPOSED LEGISLATIVE ISSUES OF CONCERN TO THE CITY OF HALLANDALE BEACH FOR THE 2010 FLORIDA LEGISLATIVE SESSION

LIST IS NOT PRIORITIZED:

o          Monitor all Property Tax Legislation.  The City is currently facing potential property tax reductions as a result of the housing market and economy.

o          Support Legislation that will preserve municipal autonomy and allow municipalities to have exclusive planning authority and oppose efforts to lessen that authority.  Monitor Hometown Democracy Ballot issues.

o          Monitor all Gaming Legislation. 

o          Oppose Legislation that will further modify Chapter 163, Florida Statues, relating to the creation and operation of CRAs.

o          Support Legislation requiring the Department of Revenue to use accurate population figures in all tax and revenue related formulas and calculations.

o          Support legislation that would remove restrictions on building inspectors working in Broward County.

o          Monitor legislation affecting the Police and Fire retirement system, State of Florida Retirement System and other Labor and pension issues.

o          Support Legislation that will amend the State Uniform Traffic Control Code, to allow for Municipalities to install unmanned monitoring devices at major intersections and to provide for enforcement procedures. Be prepared to oppose limits on these types of enforcement tools.

o          Monitor all legislation related to texting and cell phone usage while operating a motor vehicle.

o          Support Legislation that expands the number of grants that a City may apply for which are overseen by the Florida Department of Community Affairs.

o          The City should be watchful for any Legislation addressing the investments of the Florida State Investment Pool.   

o          Support Legislation that will approve funding assistance for water conservation, water production and reuse in order to address current and future conditions and the concerns of the South Florida Water Management District.

o          Support Bills that curtail the abuse of prescription drugs.

o          Support legislation efforts related to the protection and restoration of the Everglades.

o          Monitor all legislation related to School and Education funding.

o          Monitor all bills related to FPL rate issues.

o          Monitor all bills related to campaign financing issues.

o          Support amendment to Florida constitution to provide an additional Ad Valorem tax exemption on Homestead Property for US Service personnel on active duty outside the US. 

o          Monitor all bills related to TriRail, Sun Rail and regional transportation

o          Monitor all bills related to Oil and Gas exploration.

o          Monitor all bill related to Growth Management issues and Building Code regulations

o          Monitor all bills related to Condominiums, Foreclosure, fire suppression/sprinkler issues

o          Renaming Pembroke Road as Mardi Gras Way

o          Changing City waterways to No-Wake zone

o          Oppose any move toward State Certification of Water Transmission Operators

Federal Issues

o          Oppose Legislation that preempts State and Local laws over collective bargaining for public safety employees. 

o          Urge Congress to approve legislation providing funding assistance in support of the Port Everglades Sand Bypassing Project and Beach Renourishment Projects.

o          Urge Congress to approve legislation providing funding assistance in support of a regional Advanced Transportation Management System.

o          Support the Federal Dept. of Defense Employer support of the National Guard and Reserves organization.

o          Urge Congress to continue funding for the Energy Conservation and Efficiency Block Grants

ATTACHMENT 2

BILLS OF INTEREST AS OF JANUARY 16, 2010

GAMING

HB 7001 - Relating to Pari-mutuel Permitholders (Select Committee on Seminole Indian Compact Review)

Pari-mutuel Permitholders: Revises effective date provisions of ch. 2009-170, LOF, to remove contingency requirements applicable to provisions of that act relating to pari-mutuel industry & specify date for those provisions to take effect. Effective Date: upon becoming a law

COMMUNICATION DEVISES AND MOTOR VEHICLES

SB  522 - Relating to Electronic Wireless Communications Device/Driving (Gelber)
Electronic Wireless Communications Device/Driving; Prohibits a person younger than 18 years of age from operating a motor vehicle while using a wireless communications device or telephone. Provides exceptions and penalties. Provides for the assessment of points under the driver's license point system for certain violations. EFFECTIVE DATE: 10/01/2010.

SB  592 - Relating to Motor Vehicle Operators/Electronic Handheld Device (Crist) Motor Vehicle Operators/Electronic Handheld Device; Prohibits persons younger than 18 from using any electronic handheld device while operating a motor vehicle. Provides a surcharge for the violation. Provides for enforcement only as a secondary offense. Authorizes the issuance of a warning and safety literature in lieu of the surcharge. EFFECTIVE DATE: 01/01/2011.

SB  608 - Relating to Use of Cellular Telephones (Rich)

Use of Cellular Telephones; Prohibits the use of a cellular telephone while operating a motor vehicle except when using a headset or hands-free device. Provides exemptions. Provides a penalty. Provides for enforcement only as a secondary offense. EFFECTIVE DATE: 07/01/2010.

HB  333 - Relating to Use of Cellular Telephones (Garcia)
Use of Cellular Telephones: Prohibits use of cellular telephone while operating motor vehicle except when using headset or hands-free device; provides exemptions; provides penalty; provides for enforcement only as secondary offense. Effective Date: July 1, 2010

HB  323 - Relating to Use of an Electronic Communications Device While Driving (Long)
Use of an Electronic Communications Device While Driving: Prohibits composing, sending, reading, or viewing text message on electronic communications device while operating motor vehicle; provides exceptions; provides for construction; provides penalties. Effective Date: July 1, 2010

HB  687 - Relating to Cellular Telephone Use (Chestnut)

Cellular Telephone Use: Prohibits use of cellular telephone while operating motor vehicle in school zone; provides enhanced penalty. Effective Date: July 1, 2010.

CONDOMINIUM AND GENERAL HOMEOWNERS

HB  329 - Relating to Condominium Foreclosures (Robaina)
Condominium Foreclosures: Requires certain condominium unit tenants to pay moneys owed on behalf of unit to association; provides liability; provides tenant's obligations to association; provides condominium associations with certain powers; requires mortgagee to request estoppel letter from association prior to filing foreclosure action; authorizes association to charge fee for production of estoppel letter; requires association to reply to letter within specified period of time; provides for dismissal of action for failure to request letter or make payments; requires certain payments; deletes provisions limiting liability of mortgagee & successors acquiring title by foreclosure or by deed in lieu of foreclosure for certain unpaid assessments; deletes exemption from liability for certain unpaid assessments for certain persons acquiring title to condominium as result of foreclosure of mortgage or by deed in lieu of foreclosure of mortgage; specifies additional circumstances for which liability for assessments may not be avoided. Effective Date: July 1, 2010

HB  327 - Relating to Community Associations (Robaina)

Community Associations: Revises definition of term "developer" to exclude bulk assignee or bulk buyer; creates "Distressed Condominium Relief Act"; specifies responsibilities, liabilities, duties, & limitations of bulk assignees & bulk buyers; provides for transfer of control of board of administration; provides for resolution of conflict between specified provisions of state law; provides certain contract & disclosure requirements; provides for determination of date of acquisition of parcel; provides that assignment of developer rights to bulk assignee or bulk buyer does not release developer from certain liabilities. Effective Date: upon becoming a law

SB 968 - Relating to Condominiums/Notice of Delinquency (Justice) Condominiums/Notice of Delinquency; Provides requirements for a notice of delinquency. Prohibits a condominium association from imposing certain penalties for delinquency during a notice period or while an objection made within such notice period is unresolved. EFFECTIVE DATE: 07/01/2010.

HB  561 - Relating to Condominiums (Bogdanoff)

Condominiums: Provides & revises various provisions relating to condominiums, including insurance requirements, fire alarm systems, definitions, duties of owners & associations, meetings, officers, governance, etc.; creates "Distressed Condominium Relief Act" to provide regulatory provisions relating to bulk assignees & bulk buyers; repeals provision relating to public elevators & emergency operation plans in certain condominiums & multifamily dwellings. Effective Date: upon becoming a law

SB 1222 - Relating to Condominiums (Ring) Condominiums; Requires that coverage under a unit owner's policy for certain assessments include at least a minimum amount of loss assessment coverage. Provides an exemption for certain condominiums from installing a manual fire alarm system as required in the Life Safety Code if certain conditions are met. Revises the definition of the term "developer" to exclude a bulk assignee or bulk buyer, etc. EFFECTIVE DATE: Upon becoming law.

SB 1044 - Relating to Reactive Drywall  (Aronberg)

Reactive Drywall; Creates the Legislative Task Force on Reactive Drywall. Requires the task force to evaluate health risks, collect data, and make recommendations to the Governor and Legislature regarding reactive drywall. Requires a person who inspects homes for corrosion of metals associated with reactive drywall to inspect certain items for corrosion, etc EFFECTIVE DATE: Upon becoming law.

HB  577 - Relating to Community Residential Homes (Heller)

Community Residential Homes: Requires sponsoring agency to notify local government when request to locate home with 6 or fewer residents that otherwise meets definition of community residential home has been submitted; requires agency to provide additional information in notification. Effective Date: July 1, 2010

ABUSE OF PRESCRIPTION DRUGS

HB  671 - Relating to Pain-Management Clinics (Skidmore)

Pain-Management Clinics: Requires that privately owned pain-management clinics be registered with DOH by specified date; prohibits physician from practicing in pain-management clinic that is not registered; requires DOH to refuse to issue or revoke registration of certain pain-management clinics that are owned by person convicted of felony; requires DOH to annually inspect registered clinics; provides for automatic expiration of registration; requires payment of costs for registration & inspection or accreditation; requires rules setting forth standards of practice in privately owned pain-management clinics; provides criteria for physicians that practice pain-management; provides that certain pain-management clinics are exempt from registration requirements under certain conditions; provides requirements for registering pain-management clinic; requires DOH to submit fingerprints of applicant for registration or renewal to FDLE & FBI for criminal records check; provides that applicants are not required to submit fingerprints under certain conditions. Effective Date: July 1, 2010

TRAFFIC CONTROL

HB 0325 Relating to Uniform Traffic Control (Reagan)

Uniform Traffic Control: Creates Mark Wandall Traffic Safety Program to be administered by DOT; provides for counties & municipalities to enforce traffic control signals using traffic infraction detectors; requires reports from counties & municipalities to department on use of traffic infraction detectors; provides for preexisting equipment; provides for allocation of portion of fine proceeds to trauma centers, certain hospitals, certain nursing homes, & certain health units & programs; requires summary report from department to Governor & Legislature; provides for existing detectors & prior actions. Effective Date: upon becoming a law. PASSED - Roads, Bridges & Ports Policy Committee on 01/13/10.

MUNICIPAL OPERATIONS

SB 1136 - Relating to Firesafety Inspections (Crist)

Firesafety Inspections; Provides exceptions to certain local government firesafety inspection requirements. Specifies inspection requirements for fire hydrants owned by governmental entities. Authorizes local government utilities to comply using designated employees. Specifies responsibility for ensuring the qualification of designated employees to make inspections. EFFECTIVE DATE: Upon becoming law.

SB  590 - Relating to Collection of Taxes  (Crist)

Collection of Taxes; Authorizes a local government to enter into a contract with a private attorney or collection agent to collect non-ad valorem taxes, fees, service charges, fines, and costs that remain unpaid for 90 days after the due date. Requires that a tax collector notify the owner of a delinquent account that such account will be referred to a private attorney or collection agent at least 30 days before such referral, etc. EFFECTIVE DATE: 07/01/2010.

HB  559 - Relating to Local Government Revenue Collections (Gonzalez)

Local Government Revenue Collections: Authorizes local governments & tax collectors to enter into contracts with private attorneys or collection agents to collect specified taxes & other financial obligations that remain unpaid for 90 days after due date; provides that collection fees, including reasonable attorney's fees or other costs, may be added to account referred for collection; prohibits such fees & costs from exceeding 40 percent of amount owed; requires that collection fee added to account for delinquent taxes become part of underlying tax lien; requires tax collectors to notify owner of delinquent account that such account will be referred to private attorney or collection agent at least 30 days before such referral; provides for financial liability of delinquent taxpayers. Effective Date: July 1, 2010

SB 1056 - Relating to Local Government Prompt Payment Act (Baker)

Local Government Prompt Payment Act; Revises provisions relating to the timely payment for purchases of construction services. Requires that a dispute be resolved according to procedures in the invitation to bid or request for proposal. Prohibits the assessment of damages against a contractor if the list of items remaining to complete is not timely provided to the contractor. Revises provisions relating to the resolution of disputes, etc. EFFECTIVE DATE: 07/01/2010.

SB 1130 - Relating to Local Government Revenue Intercept Act (Constantine)

Local Government Revenue Intercept Act; Provides that a local government may authorize by resolution or ordinance the DOR to intercept certain revenues in order to replenish the debt service reserve or other payment for local government bonds. Provides certain requirements for such resolution or ordinance. Specifies certain obligations and restrictions on the local government with respect to such interception. Authorizes the DOR to adopt rules, etc. EFFECTIVE DATE: Upon becoming law.

HB  495 - Relating to Terms of State Senators, State Representatives, and Elected County and Municipal Officers (Troutman)

Terms of State Senators, State Representatives, and Elected County and Municipal Officers: Proposes amendment of s. 15, Art. III & s. 4, Art VI & creation of provision in Art. XII of State Constitution to increase length of terms of state senators to 6 years & state representatives to 4 years & limit state senators, state representatives, & elected county & municipal officers to 12 consecutive years in office. Effective Date: Not Specified

SB  974 - Relating to Municipal Elections  (Ring)

Municipal Elections; Provides circumstances under which a candidate without opposition due to a specified vacancy in candidacy shall be declared elected to office without having to reopen the qualifying period and hold a municipal special election. EFFECTIVE DATE: 07/01/2010.

SB 7024 - Relating to Assessment of Lands Used for Conservation Purposes (Finance and Tax)

Assessment of Lands Used for Conservation Purposes; Provides for certain lands that are convenanted to be used for conservation purposes to be assessed for ad valorem taxation in the same manner as lands used for outdoor recreational or park purposes. Redefines the term "covenant." Defines the term "conservation purposes." Specifies the information that must be included in a covenant. Requires covenants to be notarized, etc. EFFECTIVE DATE: 07/01/2010.

GENERAL AND OTHER

SB 7026 - Relating to Working Waterfront Property (Finance and Tax)

Working Waterfront Property; Defines terms. Specifies property that is eligible for classification as working waterfront property. Requires the assessment of working waterfront property based on current use. Requires an application for classification of property as working waterfront property. Authorizes a property appraiser to approve an application that is not filed by a certain deadline due to extenuating circumstances, etc. EFFECTIVE DATE: Upon becoming law.

SB 1126 - Relating to Permitting (Altman)

Permitting; Removes the authority of the Office of Tourism, Trade and Economic Development OTTED to approve expedited permitting and comprehensive plan amendments. Revises criteria for businesses submitting permit applications or local comprehensive plan amendments. Provides that permit applications and local comprehensive plan amendments for specified biofuel and renewable energy projects are eligible for the expedited permitting process, etc. EFFECTIVE DATE: Upon becoming law.

SB 1110 - Relating to School Speed Zones  (Wilson)

School Speed Zones; Creates the "Shaye Patrick Martin Safety Act." Provides for transitional speed areas before and after the slowest established speed limit within a school zone. Requires the installation of vehicle speed cameras in school zones to record an image of the driver and the license plate of a motor vehicle exceeding a speed limit within the school zone. Provides penalties for violation of a speed limit within a school zone, etc. EFFECTIVE DATE: 07/01/2010.