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Agenda Item 10A AGENDA ITEM # I OA NOVEMBER 28, 2011 GUE p R � p10010� -� 0 �' d�za 20 'A m CT10N A Gw E RNO DAJ ENERGY Proposed Policy Statement: The Florida League of Cities will support legislation that establishes a statewide policy on energy development and conservation, that prioritizes and incentivizes the development and implementation of renewable and alternative energy and transportation fuel sources, and that authorizes local governments to make use of the $190 million in Qualified Energy Conservation Bond capacity allocated to Florida. Background: The cost of electricity and other fuel sources to Florida's cities, citizens and businesses has significantly increased in recent years and is likely to continue to do so. Increased costs negatively affect everyone's pocket books, as well as economic activity and growth. Developing cost - effective methods to lower electric and other fuel source expenses is critical to maintaining our state and local economies. Cost - effective methods cannot focus exclusively on expanding traditional electric generating facilities or relying solely on fossil fuel sources. While in the past various measures have been attempted to increase renewable or alternative energy sources, the state, working with cities and other interested parties, must either provide or authorize cities to provide appropriate incentives for the development and implementation of renewable and alternative energy and transportation fuel sources. Qualified Energy Conservation Bonds (QECBs) provide an opportunity for economic development and a move toward energy efficiency. QECBs are federally - supported tax - credit bonds issued by local or state governments for projects related to energy conservation. Action by either the Governor or Legislature is required to access the $190 million in QECBs allocated to Florida. Status: Several bills relating to energy have been filed for consideration during the 2012 Session. These include proposals authorizing local governments to create "energy zones" to encourage "green" job development and energy efficient land use patterns. Legislation also has been filed repealing various state imposed standards on solar energy systems, and repealing the requirement that gasoline sold in Florida contain 10 percent ethanol. AGENDA ITEM # 10A NOVEMBER 28, 2011 + 1 3E � ter; ;cz� -� ??� +sJ� 2012 LEGISLATIVE ` �� I ; WATER POLICY Proposed Policy Statement: The Florida League of Cities will support legislation that assures cities retain the tools necessary to achieve federal or state water quality standards, such as standards on total maximum daily loads or numeric nutrient criteria, at the lowest possible cost to cities. To accomplish these various standards, cities must have broad regulatory authority, such as controls on storm water discharge, septic tanks and fertilizer use. Additionally, the Florida League of Cities will support legislation that clarifies reclaimed waters are not "waters in the state" an d should not be subject to regulatory action by water management districts. Background: The federal Environmental Protection Agency (EPA) has imposed water quality standards that result in substantial unfunded mandates to Florida's cities. These standards include, but are not limited to, total maximum daily loads, storm water treatment standards, and numeric nutrient criteria for various bodies of coastal/inland waters. VAhile cities are not necessarily opposed to the goals of these water quality standards, the federal and state governments must recognize and provide for the expenses associated with meeting the standards. Additionally, the federal and state governments must recognize that cities must retain the authority to regulate numerous "contributors" to poor water quality, based on unique local circumstances. Thus, there should be no preemption of the authority of cities to regulate storm water discharges, septic tanks, fertilizer use, and other "contributing" factors to poor water quality. Status: HB 79 (Coley), SB 114 (Evers) and SB 178 (Lynn) all repeal the mandatory once every 5 -year septic tank inspection program in some manner. BB 421 (Smith) and SB 604 (Dean) exempt persons who hold a limited certification for urban landscape commercial fertilizer application from local ordinances that provide for the use, purchase, and application of fertilizer. The League opposes this provision of BB 421 and SB 604. On November 2, 2011, the federal Environmental Protection Agency sent a letter to the Florida Department of Environmental Protection expressing conditional support of Florida's proposed rules relating to establishing numeric nutrient criteria for Florida's water bodies. Because these rules have a financial impact on businesses and local governments, the rules must be ratified by the Florida Legislature. These rules will be the focus of much attention during the 2012 Session. AGENDA ITEM # IOA NOVEMBER 28, 2011 2012 LEGISLATIVE ACTION AGEN (*b i �« P �►' Municipal Police Officer and Firefighter Pension Plans And Disability Presumptions Proposed Policy Statement: The Florida League of Cities will support legislation that provides comprehensive municipal firefighter and police officer pension reform. Any comprehensive pension reform package should address the use of the insurance premium. tax revenues by repealing the mandate for cities to perpetually provide new, "extra" pension benefits for police /fire, to allow cities the ability to adjust pension benefits and provide for accountability by police /fire pension boards of trustees. The reform package should also include modifications to the current statutory disability presumptions for firefighters, law enforcement officers, and correctional officers relating to tuberculosis, heart disease, or hypertension. Background: In 1999, the Legislature amended chapters 175 and 185, Florida Statutes, relating to firefighter and police officer pensions to state that additional premium tax revenues over a base amount must be used to provide "extra" benefits in firefighter and police officer pension plans. Combined, this mandate has required municipalities to provide over $460 million in "extra" pension benefits to firefighters and police officers since 1999. The Legislature has also transferred all operational and administrative control of police /fire pensions to statutorily created boards of trustees. These boards of trustees are not required to provide fiscal transparency or accountability for substantial amounts of public funds. In 2011, the Florida Legislature passed Senate Bill 1128, which made the first steps in reforming municipal pension plans. The legislation addressed issues such as prohibiting "spiking" of pension benefits by restricting the use of overtime and unused sick or annual leave payments for pension purposes, and eliminating the requirement in Chapters 175 and 185 that pension benefits be increased whenever member contributions are increased. A Task Force on Public Employee Disability Presumptions was also created to study the issue of various disability presumptions for firefighters and police and corrections officers. The Task Force report and recommendations must be submitted to the legislature by January 1, 2012. Current Status: Representative Costello has filed HB 365 and Senator Hays has filed SB 910 dealing with municipal police/ fire pensions and police /fire /correctional disability presumptions. The League of Cities supports these bills. AGENDA ITEM # l0A NOVEMBER 28, 2011 2 Uff"I Z L EGASLA' IVE E tE�n a ;. sy 1i 5' .zt' ." Pa man 0 SAO A on In 0 UN Is } DA Communications Services and Local Business Tax Protection Proposed Policy Statement: The Florida League of Cities will oppose legislation that modifies, restricts or eliminates the authority of municipalities to levy, collect and/or expend the communications services tax and the local business tax. Background: Communications Services Tax In 2002, the Florida Legislature established the Communications Services Tax Simplification Law. The communications services tax (CST) replaced and consolidated several different state and local taxes and fees into two taxes: the Florida CST and the local CST. The Florida CST is applied at a rate of 6.65 percent to all communications services except direct -to -home satellite services, which are taxed at a rate of 10.8 percent. Municipalities have the authority to levy the local CST up to a rate of 5.1 percent, but currently vary by jurisdiction, and are not applicable to direct -to -home satellite services. The Florida CST and the local CST are collected by communications service providers and remitted to the Department of Revenue (DOR), who distributes the proceeds to the appropriate jurisdictions. 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 and the occupations and businesses that the tax is imposed on are determined by the local government. Local business tax revenues collected by local governments are used to assist in the funding of services critical to business such as zoning, permitting, code enforcement, and police and fire. Local governments may also use the business tax revenues to help fund economic development programs, presenting 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 were $120 million for 2009. Current Status: There is a Department of Revenue proposal that would eliminate the authority of municipalities to levy the Communication Services Tax. The tax would instead be levied by counties and dispersed to municipalities by a distribution formula. The League of Cities opposes this bill. Representative O'Toole has filed HB 4025 and Senator Hays has filed SB 760 repealing the authority of cities to levy the Local Business Tax. The League of Cities opposes this bill. Representative Roberson has filed HB 361 and Senator Hays has filed SB 770 granting an exemption from the Local Business Tax to specific individuals in the real estate industry. The League of Cities opposes this bill. AGENDA ITEM # l0A NOVEMBER 28, 2011 , A im date xrr 1 Zu z L E (i I L AT I V E MIR A L 0 N 1 10 1 G E N ... D A Campus Development Agreements Proposed Policy Statement: The Florida League of Cities supports the continued funding to mitigate fully the impacts of State University System campus development on host local governments and supports maintaining Campus Development Agreements. The repeal of section 1013.30, Florida Statutes, would eliminate a proven and effective mechanism that addresses the impacts of campus development on local infrastructure. Background: Currently, section 1013.30, Florida Statutes, requires that a Campus Development Agreement be formed between the State University System (SUS) campus and host local government. These agreements address impacts on local infrastructure and services that additional density and development of the university have on the surrounding community. The agreement requires the SUS to pay a fair share of the costs of mitigating those impacts to: stormwater management; potable water; sanitary sewer; solid waste collection and disposal; parks and recreation; transportation; and fire and rescue services. The SUS, historically, has paid for the impacts through the SUS Concurrency Trust Fund, which is no longer being funded by the Florida Legislature. Repeal of this section would leave local governments on the hook for adding density, intensity, increased levels of service on roads, additional capacity for fire and rescue, etc of a state university. It is imperative that the Campus Development Agreement process continue unchanged, thus continuing to embrace the university and host community partner relationship. Current Status: There have been no bills filed during committee weeks of the 2012 Legislative Session dealing with a repeal of section 1013.30, Florida Statutes. During the 2011 Legislative Session, SB 632 ( Oelrich) contained the aforementioned provision. Senator Oelrich has assured the League that he would not follow a similar bill in 2012. The State University System Board of Governor's lists as their first legislative priority a repeal of the Campus Development Agreement process. AGENDA ITEM # IOA NOVEMBER 28, 2011 �aUE Q y � I' �Sluy "c�i TY.L6��S;L(EV � J} j W 5 L 2012 L"( AR"T Aft IL I e►, a A0 luim A(SENDA Pending Ordinance Doctrine Proposed Policy Statement: The Florida League of Cities supports maintaining the home rule authority of municipalities in the local application of the Pending Ordinance Doctrine. Background: During the 2010 legislative session the issue of what local regulations should govern an application for a permit or development order arose. In many states, the law in effect at the time of the permit application governs the issuance of the permit. Local governments may not reject a building permit based on pending zoning restrictions. However, in Florida some courts and a number of local governments (by ordinance) have adopted the "pending ordinance doctrine. "1 The doctrine holds that a building permit or development order application established on or after the date when a local government has publicly declared its intent to change its zoning scheme may be denied or held until after the enactment of the new zoning ordinance. Local government decisions should be given the deference to declare its intent to enact new ordinances. Current Status: There have been no bills filed during committee weeks of the 2012 Legislative Session dealing with the pending ordinance doctrine. During the 2011 Legislative Session there was an attempt to add language to the comprehensive growth management bill (HB 7207) as a late -filed amendment. Those efforts ultimately were unsuccessful. AGENDA ITEM # I OA NOVEMBER 28, 2011 -GU E 0p 20 LEGISLATIVE f a r� ` : NDA r Economic Development Proposed Policy Statement: The Florida League of Cities will support legislation that promotes state agency coordination with local entities through providing increased technical assistance, building public infrastructure and urban infill projects and programs, and offering appropriate business incentives that support local economic development. Background: Over the past two years, the Florida Legislature has focused on the area of economic development as a way to restart Florida's economic engine and create more jobs for Floridians. Last year, several measures were passed by the Legislature to accomplish this goal and getting Florida back to work also continues to be a major focus of Governor Rick Scott, who has pledged to create 700,000 permanent Florida jobs over the next 7 years. One of those measures was the creation of a new agency, the Florida Department of Economic Opportunity, which was developed with the sole purpose of coordinating efforts to ensure Florida has a thriving climate for businesses that seek to start, relocate, or expand in Florida. Last year, the League adopted an economic development package as a legislative priority which included creation of an economic development policy, support for the state and local government housing trust fund, and investment in low risk public infrastructure. Status: Through several surveys, panel discussions and public presentations, the League has sought to determine how best to work with our state partners. Economic development continues to be an important focus for the Florida Legislature, the Governor and other important and influential stakeholders. We will continue to engage these entities by looking to develop partnerships and collaborations and provide counsel on how best to accomplish the task of getting Florida's economy back on track. AGENDA ITEM # I OA NOVEMBER 28, 2011 AGUE pp �u E ACTINN AGEN Residential Group Homes Proposed Policy Statement: The Florida League of Cities will support legislation that requires community residential homes to notify local governments upon application and adhere to local municipal standards of occupancy where onsite substance abuse treatment must be provided by a licensed service provider. Background: Many cities have had a difficult time dealing with the public perception of community residential homes or "sober homes ". Community Group Homes may be defined as homes which are purchased in single family residential neighborhoods and then converted to treatment residences for persons with drug addictions or physical disabilities. Many of the operators of these homes are not regulated and are not usually licensed service professionals. This issue goes to the heart of what is commonly known as the NIMBY (Not In My Back Yard) syndrome. While residents would readily admit that group home residents deserve reasonable housing accommodations, no one wants those accommodations to be in their own residential neighborhoods. In order to make wise and prudent decisions and to work with citizens and other stakeholders, city leaders seek to have legislation adopted that would better define community group homes and that would require that a community be advised when an application is submitted for site approval- of community residential homes with six or fewer residents within single or multifamily zoning areas, regardless of their proximity to another such home. Status: Senator Ellyn Bogdanoff and Representative Patrick Rooney are potential bill sponsors of legislation concerning this topic. This is only the second year that legislation concerning this topic has been filed. AGENDA ITEM # I OA NOVEMBER 28, 2011 * yF G� IDp Iff- 'T Y mg 2 1 2 L O R A G 1 '051 LATIVE m C - 1 1" R N N A(G E N D A A U Sst i 7. i Effective Public Notice Proposed Policy Statement: The Florida League of Cities will support legislation that authorizes municipalities to provide effective public notice and advertising for various appropriate matters, not to include ad valorem taxation millage setting, by means other than newspapers, such as direct mailings, physical posting of property, Internet posting, free publications, government access television channels, and other suitable alternatives. Background: Numerous statutory provisions require cities to provide public notice or advertising in local newspapers. Most cities spend tens of thousands of dollars or more a year to meet these newspaper advertising requirements. Newspaper ads are required for many city activities, such as ordinance adoption, annexations, budget adopting, comprehensive plan changes, bidding and purchasing, notice of meetings, redevelopment activity, and land use changes. Laws should be changed to authorize cities to provide effective public notice and advertising for various appropriate matters by means other than newspapers. Depending on the particular circumstances, such advertising could be accomplished by using direct mailings, physical posting of properties, Internet posting, free publications, government access television channels, and other suitable alternatives. The goal is to provide public notice in the most effective manner at the lowest possible cost to the citizens. Ad valorem millage setting notices should continue to be provided in newspaper ads. Status: SB 292 (Bennett) authorizes cities to use their publicly accessible website for legally required advertisements and public notices. There are no bills currently filed in the House, but League staff expects legislation on the topic to be filed in the coming weeks. AGENDA ITEM # I OA NOVEMBER 28, 2011 piff Op 2 2 01' LE' aw l"LATIVE K I 1UN AGEN Public Safety Telecommunicator Certification Exemption Proposed Policy Statement: The Florida League of Cities will support legislation that exempts certified law enforcement officers from having to also be certified Public Safety Telecommunicators to allow them to serve as "Temporary" Public Safety Telecommunicators. Background: The Florida Legislature passed legislation in 2010 requiring all public safety telecommunicators to complete a 232 hour training program and pass a certification examination by October 1, 2012. The bill included language allowing sworn law enforcement officers and employed public safety telecommunicators hired prior to April 1, 2012 an exemption from the course work provided that they pass the certification exam. Law enforcement officers hired after April 1, 2012, that are used as "temporary" public safety telecommunicators will be forced to complete the lengthy training program and also pass the certification exam. After comparing the proposed curriculum and the training that cadets in the law enforcement academies receive, much of the coursework was found to be redundant. Legislation was filed during the 2011 legislative session that would require sworn law enforcement officers who work as "temporary" public safety telecommunicators to successfully complete a 40 hour supplementary training program. This training, developed and distributed by the Criminal Justice Standards and Training Commission with the Florida Department of Law Enforcement (FDLE), would be in lieu of the 232 hours currently required of public safety telecommunicators. SB 890 (Dean) passed the Senate, but died in House messages. Status: The Florida League of Cities has been working closely with the Florida Police Chiefs Association and both associations have worked to find bill sponsors. Senator Dean has again filed the bill and a House version will be filed in the next few weeks. It is expected that the legislation will be amended to require officers to pass the certification exam before serving as a "temporary" public safety telecommunicator. If the officer cannot pass the certification exam, they will then be required to take the 40 hour "Bridge" Course offered by FDLE. Only after completion of the bridge course will those officers be eligible to take the certification exam again. It is worth noting that "temporary public safety telecommunicator" will be defined as a person working in the position for less than a certain amount of days per year.