Agenda Item 6BAGENDA ITEM # 6B
DECEMBER 12, 2011
RESOLUTION NO. 11 -29
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA ADOPTING AND
SUPPORTING THE LEGISLATIVE PRIORITIES IN THE FLORIDA LEAGUE OF
CITIES 2012 LEGISLATIVE ACTION AGENDA, PROVIDING FOR AN EFFECTIVE
DATE AND FOR OTHER PURPOSES.
WHEREAS, decisions made by the Florida State Legislature affect cities in Florida in
numerous ways, many of these are mandates or other actions that limit local government
revenues or cause governments to incur expenses and ultimately affect the ability of Florida
cities to provide adequate services to their citizens; and
WHEREAS, involvement by representatives from Florida cities in the legislative process
can help to educate lawmakers in Tallahassee about the needs, abilities and desires of their cities
and residents that they represent; and
WHEREAS, the City of Atlantic Beach, as well as many other Florida cities, are
members of the Florida League of Cities, whose mission is to work for the general improvement
of local government in Florida and its efficient operation through cooperative effort and to help
represent units of local government before the various executive, legislative and judicial
branches of State government on issues pertaining to the general welfare of its member cites; and
WHEREAS, the member cities of the Florida League of Cities come together annually to
adopt a legislative platform in anticipation of the upcoming legislative session and that was done
at a conference held in Orlando in November 2011; and
WHEREAS, the Florida League of Cities Legislative Priorities for 2012 include
positions on municipal police officer and firefighter pension plans and disability presumptions,
energy, water policy, communications and local business tax protection, campus development
agreements, the pending ordinance doctrine, economic development, residential group homes,
effective public notice and a public safety telecommunicator certification exemption; and
WHEREAS, it is appropriate for the Mayor and Commission of the City of Atlantic
Beach to join with other Florida League of Cities representatives to jointly support the
Legislative Priorities for 2012 by adopting a resolution of support and distributing copies by mail
and personally to State legislators and other public officials and to otherwise support legislation
that will enhance the ability of the City of Atlantic Beach and other Florida cities to provide
public services efficiently to our citizens.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF ATLANTIC BEACH, FLORIDA:
Section 1. That the City Commission of the City of Atlantic Beach, Florida hereby
adopts and supports the Florida League of Cities Legislative Action Agenda for 2012 as
approved by the FLC Board which includes positions on municipal police officer and firefighter
pension plans and disability presumptions, energy, water policy, communications and local
AGENDA ITEM # 6B
DECEMBER I2, 2011
business tax protection, campus development agreements, a pending ordinance doctrine,
economic development, residential group homes, effective public notice and a public safety
telecommunicator certification exemption.
Section 2. That the City Commission of the City of Atlantic Beach, Florida hereby
authorizes and directs copies of this resolution as well as the 2012 legislative action agenda be
sent to State legislators, State staff and others who may be influential on matters of State policy.
Section 3. That the City Commission of the City of Atlantic Beach, Florida hereby
authorizes and encourages the Mayor and staff to personally meet with State legislators,
legislative staff and others to promote positions outlined in the Florida League of Cities
Legislative Action Agenda for 2012.
Section 4. That this Resolution shall be effective upon adoption.
PASSAGE ADOPTED by the City Commission of Atlantic Beach, Florida, on this 12
day of December 2011.
MIKE BORNO
Mayor
ATTEST:
DONNA L. BARTLE, CMC
City Clerk
Approved as to form and correctness:
ALAN C. JENSEN, ESQUIRE
City Attorney
AGENDA ITEM # 6B
DECEMBER 12, 2011
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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 # 6B
DECEMBER 12, 2011
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" and 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. While 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:
FIB 79 (Coley), SB 114 (Evers) and SB 178 (Lynn) all repeal the mandatory once every 5 -year
septic tank inspection program in some manner. HB 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 HB 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 # 6B
DECEMBER 12, 2011
tuE of
Proposed Policy Statement:
The Florida League of Cities will support legislation that provides comprehensive in
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.
Municipal Police Officer and Firefighter Pension Plans
And Disability Presumptions
AGENDA ITEM # 6B
DECEMBER 12, 2011
Proposed Policy Statement:
The Florida League of Cities will oppose legislation that modifies, restricts or eliminates the
authority of municipalities to levy, collect and
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.
Communications Services and Local Business Tax Protection
AGENDA ITEM # 6B
DECEMBER 12, 2011
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 # 6B
DECEMBER 12, 2011
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
states, the law in effect at the time
application for a permit or development order arose. In many
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.
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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
states, the law in effect at the time
application for a permit or development order arose. In many
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 # 613
DECEMBER 12, 2011
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 # 613
DECEMBER 12, 2011
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 # 6B
DECEMBER 12, 2011
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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 # 6B
DECEMBER 12, 2011
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Public Safety Telecom municator 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.