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Agenda Item 6AAGENDA ITEM # 6A DECEMBER 10, 2012 RESOLUTION NO. 12-17 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA ADOPTING AND SUPPORTING THE LEGISLATIVE PRIORITIES IN THE FLORIDA LEAGUE OF CITIES 2013 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 it member cities; 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 2012; and WHEREAS, the Florida League of Cities Legislative Priorities for 2013 include positions on municipal police officer and firefighter pension plans and disability presumptions, energy, water policy, communications and local business tax protection, economic development, housing policy, billboards, transportation funding, sober homes and synthetic drugs; 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 2013 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 COMNUSSION 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 2013 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 # 6A DECEMBER 10, 2012 business tax protection, economic development, housing policy, billboards, transportation funding, sober homes and synthetic drugs. 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 2013 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 2013. Section 4. That this Resolution shall be effective upon adoption. PASSED AND ADOPTED by the City Commission of Atlantic Beach, Florida, on this 1 & day of December 2012. MIKE BORNO Mayor Approved as to form and correctness: ALAN C. JENSEN, ESQUIRE City Attorney ATTEST: DONNA L. BARTLE, CMC City Clerk AGENDA ITEM # 6A DECEMBER 10, 2012 B a g 1 1 is inflormation 2013 Priorit Statements AGENDA ITEM # 6A DECEMBER 10, 2012 Energy Proposed Policy: The Florida League of Cities supports legislation that establishes a comprehensive statewide policy on sustainable energy development and conservation, and which incentivizes the development and implementation of renewable and alternative energy sources. In addition, the League supports legislation that authorizes the use of $192 million in Qualified Energy Conservation Bonds allocated to the State of Florida for local government energy efficiency projects. Background: The cost of electricity and other fuel sources to Florida's cities, residents and businesses has significantly increased in recent years, and it is likely to continue to do so. Increased costs negatively affect everyone's pocket books, as well as impact economic activity and growth. Establishing a statewide policy on energy development and conservation, as well as developing cost - effective methods to lower electric and other fuel source expenses, is critical to growing our state and local economies. In the past, the Legislature has attempted various measures to increase renewable or alternative energy sources. The state, working with cities and other interested parties, must either provide, or authorize cities to provide, incentives for the development and implementation of renewable and alternative energy and transportation fuel sources. Qualified Energy Conservation Bonds (QECBs) are federally supported tax credit bonds issued by local or state governments for projects related to energy conservation. QECBs provide an opportunity for economic development and a move toward energy efficiency. Funds from QECBs may be used for various purposes, such as financing energy efficiency improvements, performing mass commuting projects, and performing public education programs to promote energy efficiency. Action by either the Governor or Legislature is required to access the $192 million in QECBs allocated to Florida by the federal government. Current Status: In 2012, the Florida Legislature passed a statewide energy policy for the first time in five years. While this particular legislation did not make significant change in investment in renewable and alternative energy, it did set up several tax breaks relating to the use of alternative fuel sources. The bill allows local governments, by referendum, to issue rebates from the local government infrastructure surtax to residential or commercial property owners who make energy efficiency improvements to their property. AGENDA ITEM # 6A DECEMBER 10, 2012 Water Proposed Policy: The Florida League of Cities supports legislation which recognizes that diminished water quality and quantity affect existing business, future economic development, local and state government budgets, and the public health and safety. Cities must retain the necessary tools to meet their obligations and responsibilities to comply with water quality standards and water supply planning, development and source protection requirements. Examples of such tools include the authority of local governments to adopt and implement fertilizer ordinances; the ability to cooperatively fund expanded wastewater, stormwater, potable water and surface water infrastructure; and statutory clarification of municipal authority to establish stormwater utilities and charge assessments and fees to the users of such systems, including state agencies and school boards. Further, the League supports legislation which establishes environmental, technical and scientific criteria for the protection and recovery of water resources and also assists municipalities' economic development efforts. Background: Water quality has been a much discussed area of environmental policy in the State of Florida since the numeric nutrient criteria discussions began with the Environmental Protection Agency. While litigation is still ongoing to determine whether or not the state or federal government will set Florida's water quality program, many areas of water policy remain uncertain and potentially harmful to municipalities. Under the federal Clean Water Act, the burden falls on cities to clean impaired bodies of water. Because of this, cities must retain the authority to regulate numerous "contributors" to poor water quality. It is imperative that municipalities retain the ability to regulate urban fertilizer application in order to keep, to the best of their ability, surrounding water bodies free of nutrients. The future of our state's economic, residential and environmental welfare depends on an increased investment in Florida's water infrastructure. The average American family of four uses approximately 400 gallons of water a day for various uses and Florida's businesses also depend on clean water to keep their doors open. Furthermore, municipalities are faced with aging stormwater and wastewater treatment facilities that are in desperate need of maintenance and repair. Assistance is also needed to increase public and private stormwater erosion funding and consistency in state -wide erosion control permitting. Florida cities and counties have inherent home rule authority and specific statutory authority to adopt stormwater regulations and to create stormwater utility systems. The construction and operation of these facilities are funded through general taxation, or through the imposition of user fees and special assessments. The non - payment of stormwater utility fees by governmental entities shifts costs to other users of the system who have already paid a fair share. The failure to pay these fees also results in inadequate funding for maintenance and repair of these utilities, which may result in: ineffective management of stormwater runoff, flooding of parcels upon which impervious pavement and building space is constructed; ineffective protection of downhill properties from flooding; and insufficient protection of the state's waterways and drinking supply from contaminates contained in stormwater runoff. Current Status Legislation attempting to preempt fertilizer use and regulation has been filed in the House and Senate for the previous five Legislative Sessions. The Cities of Ocala, Gainesville and Key West have all been involved in mediation and/or litigation regarding the non - payment of stormwater fees by governmental entities. 2 AGENDA ITEM # 6A DECEMBER 10, 2012 Communications Services and Focal Business Tax Protection Proposed Policy: The Florida League of Cities opposes legislation that restricts or eliminates municipal revenues generated under the communication services tax and the local business tax. Background: Communications Services Tax In 2001, the Florida Legislature restructured taxes on telecommunications, cable, direct - to satellite, and related services. This change was called the Communication Services Simplification Act and replaced and consolidated seven different state and local taxes and fees into a single tax that is comprised of two parts, the state CST and the local CST. The Communications Services Tax is one of the main sources of general revenue for municipalities. Local governments collect nearly $800 million every year. These revenues may be used for any public purpose, including pledging the revenues to secure bonds. 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 as well as the occupations and businesses 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 services. 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 are more than $120 million every year. Current Status: Communications Services Tax In 2012, the Legislature created the Communication Services Tax Work Group that is tasked with reviewing tax policy; historical revenue trends; usage of the revenue stream by local governments; fairness of the tax structure; and administrative burdens related to the levy and collection of the tax. The working group is to identify options for removing the competitive advantages within the industry and submit a report to the Governor, the President of the Senate and the Speaker of the House of Representatives by February 1, 2013. The Working Group has two representatives from the League of Cities. The staff at the League has been closely monitoring the activities of the Working Group and anticipates that there will be legislation on this issue in the 2013 Session. Local Business Tax The League of Cities anticipates that during the 2013 session, bills will be filed to repeal the authority of municipalities to levy the Local Business Tax. There may also be an effort by legislators to "clarify what these local business tax revenues can be used for." In response to this information, the League has created a small work group to develop recommendations to present to the Legislature. 3 AGENDA ITEM # 6A DECEMBER 10, 2012 Municipal Police Officer and Firefighter Pension Plans and Disability Presumptions Proposed Policy: The Florida League of Cities supports legislation that provides comprehensive municipal firefighter and police officer pension reform and disability presumption reform. Background: In 1999, the Legislature amended chapters 175 and 185, Florida Statutes, relating to firefighter and police pensions. These changes included how insurance premium tax revenues had to be used in the plans. Until recently, this law was administered by the Department of Management Services in such a way that over $500 million in premium tax revenues had to be used for "extra pension benefits." 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 the inclusion of overtime in excess of 300 hours per year and payments for unused sick or annual leave in compensation for pension purposes. Overtime up to 300 hours per year is subject to collective bargaining. The legislation also eliminated the requirement in chapters 175 and 185 that pension benefits be increased wherever member contributions are increased. In August 2012, the Department of Management Services began releasing letters to cities that substantially revises how insurance premium tax revenues must be used in firefighter and police pension plans. In the letter, the Department admits their prior interpretation of the 1999 law "appears inaccurate." Current Status: During the Florida League of Cities 86th Annual Conference, Sweetwater Mayor Manuel "Manny" Marono was sworn in as the League's 91st president by Florida Governor Rick Scott. In his installation speech, President Marono announced his platform for the upcoming year. He intends to focus our efforts on reforming local government police and firefighter pensions. n W AGENDA ITEM # 6A DECEMBER 10, 2012 Economic Development Proposed Policy: The Florida League of Cities supports legislation dedicating state economic development resources towards small businesses, emphasizing technical assistance, access to capital, public infrastructure and urban infill, recognizing that 89% of all businesses in Florida have 12 employees or less. 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. Getting Florida back to work 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. As part of this effort, a new agency, the Florida Department of Economic Opportunity (DEO), was created. The DEO was developed with the sole purpose of coordinating economic development efforts to ensure Florida has a thriving climate for businesses that seek to start, relocate, or expand in Florida. In 2012, Governor Scott's agenda pushed to stimulate economic growth by streamlining business permitting, providing tax relief for businesses, reforming Florida's unemployment system, restoring accountability to Florida's Workforce Boards, offering stability to Florida's businesses by balancing the budget without raising taxes and prioritizing science, technology, engineering and mathematics (STEM) education in the State. Small business owners are the backbone of Florida's economy but are often times overlooked or do not qualify for existing economic development incentives. Rebuilding Florida's economy should be a "bottom up" procedure that starts with local economic development and offers to retain and grow small businesses. Current Status: Economic development continues to be an important focus for the Florida Legislature, the Governor and other important and influential stakeholders. Florida's cities will continue to engage these entities by looking to develop partnerships and strategies on how best to accomplish the task of getting Florida's economy back on track. 5 AGENDA ITEM # 6A DECEMBER 10, 2012 Housing Policy Proposed Policy: The Florida League of Cities supports legislation directing $300 million from the landmark national foreclosure settlement agreement be used for existing local government affordable housing initiatives in order to meet the housing needs of the local communities. Background: Florida's housing market has been one of the hardest hit in the country and Florida's cities have been at ground zero. Cities have not only had to face a record number of foreclosures but have also encountered a decline in funding for affordable housing programs when they might be needed most. Predatory lending and servicing practices by lending institutions are to blame for many of the foreclosures. In February of 2012, forty -nine state attorneys general were a party to a historic joint state - federal national settlement agreement with the country's five largest mortgage servicer's over foreclosure abuses and unacceptable nationwide mortgage servicing practices. The settlement calls for an estimated $25 billion dollars. Of that amount $8.4 billion has been slated for foreclosure relief for Florida homeowners who experienced foreclosure abuses. The settlement agreement calls for approximately $300 million to be used for housing aid in Florida. The Florida League of Mayors and the Florida Urban Partnership (a coalition of mayors from the largest metropolitan areas) have asked Attorney General Bondi (with whom the settlement was reached) to direct the $300 million to existing local government programs with the highest rates of foreclosures to be used for affordable housing initiatives. Florida's cities are in the unique position of having the existing capacity and administrative structures set in place to use these funds for the stated purposes of the settlement in order to provide the necessary relief to Florida's residents. Current Status: Six months after the landmark settlement, $300 million of settlement money is sitting in an escrow account waiting to be distributed as stipulated in the settlement agreement. Attorney General Pam Bondi recently announced that the bulk of the $300 million will go to programs such as down payment assistance, legal counseling for struggling home owners and initiatives to help deal with the back log of foreclosures in state courts. The remainder of the $300 million, about $40 million, will be deposited in the state treasury and appropriated by the legislature for other non housing related expenditures. I AGENDA ITEM # 6A DECEMBER 10, 2012 Billboards Proposed Policy: The Florida League of Cities supports legislation that maintains the home rule authority of municipalities to more strictly regulate outdoor advertising. Additionally, state legislation that maintains the Federal Highway Beautification Act, as enhanced by the Florida Legislature in 1985, should be the baseline standard for regulating off premises outdoor advertising. Background: In 1972, Florida enacted the Federal Highway Beautification Act's State / Federal Agreement that applied to Interstate and Federal -aid Primary highways. This legislation was amended in 1985 to more strictly control the size, height, and spacing of outdoor advertising signs. These regulations allow a municipality to more strictly regulate off premises signage through the statutory "harmony of regulations" provision. The statute provides the Florida Department of Transportation may not issue a permit for a sign which is prohibited by a municipal ordinance enacted through the lawful exercise of its municipal powers. This allows municipalities the home rule authority to be the ultimate regulator of signage within its boundaries and essentially "preempts" a state agency from issuing permits without municipal consent. Likewise, a municipality may not permit outdoor advertising that violates the basic state regulations. Current Status: There is currently a Florida Department of Transportation working group reviewing possible changes to the outdoor advertising statute. The Florida League of Cities opposes any legislation introduced by the working group to reduce the home rule authority of municipalities to more strictly regulate signage. 7 AGENDA ITEM # 6A DECEMBER 10, 2012 Transportation Funding Proposed Policy: The Florida League of Cities supports legislation that preserves local control of transportation planning and provides opportunities for additional revenue options to fund municipal transportation infrastructure projects. Background: Currently, municipalities have limited revenue options for funding transportation projects. A major portion of transportation funding flows to municipalities through both the state and federal governments. Much of that funding is generated through a tax on gasoline. Recent data has shown that gas tax revenue at both the state and federal levels has decreased dramatically. A significant amount of the decrease in revenue is due to an increase in the number of fuel efficient vehicles on the road. More fuel efficient vehicles means less gas is being purchased, which means lower gas tax revenues. Given the fact vehicles will only become more fuel efficient, gas tax revenue is forecasted to continue to decrease over time. Compounding the problem is that the federal gas tax was last increased in 1997, the state gas tax in 1943, the county gas tax in 1941, and the municipal gas tax in 1971. None of these taxes are indexed for inflation. Faced with lower revenues from the state and federal governments, municipalities lack the options to increase revenue to fund local transportation projects. For example, charter counties currently may hold a referendum on whether to impose up to a one percent sales tax to fund transportation infrastructure projects. Municipalities lack such authority. This can be problematic when there are disparities between the transportation needs of municipalities versus those of the more rural areas of the county at large. For example, a referendum was held in Hillsborough County to enact such a tax. The tax was defeated countywide. However, if the election results are broken down by municipality, the residents of Tampa actually voted to approve the tax. Extending such options to municipalities would allow greater flexibility to fund their unique transportation needs. Current Status: There seems to be a general consensus among interested parties that Florida's transportation infrastructure is badly in need of increased funding and, given the current economic and political environment, the most practical way to gain additional revenue is through alternative methods such as public - private partnerships and toll roads. Bills have been filed the past two sessions directly addressing this issue. Last year, a public - private partnership bill passed the House and nearly passed the Senate. It is expected similar legislation will be filed in the 2013 session. ,: AGENDA ITEM # 6A DECEMBER 10, 2012 Sober Homes Proposed Policy: The Florida League of Cities supports legislation that defines and establishes minimum regulatory standards for sober home facilities and allows for more stringent local regulations of these facilities. Background: Several cities, particularly those in the southern part of the state, have been experiencing problems with sober homes in residential neighborhoods. These homes are marketed as places where recovering addicts can come to "sober up." With no regulation from government agencies, setting up a sober house is as easy as renting a house to a few residents who pledge to live in sobriety and attend support groups. The result has sometimes been poorly run houses that provide little or no supervision for recovering addicts. Law enforcement officials have seen crime increase in neighborhoods where these sober homes have proliferated. Some cities, including Delray Beach, have adopted ordinances intending to restrict sober houses and transient rental homes from operating in neighborhoods or single - family homes. In May, a federal judge granted an injunction against Delray Beach, saying that the city may have "unlawfully discriminated" against people in recovery when it modified its transient housing laws. The League supports efforts to clearly define sober homes in statute and allow for the local regulation of these facilities. Current Status: Since 2010, five bills have been filed attempting to address this issue, but all have died. The Palm Beach County League of Cities has formed a work group to work with legislative staff, the Department of Children and Families, the Florida League of Cities, and other stakeholders to develop bill language and find bill sponsors to address this issue in. the upcoming legislative session. E AGENDA ITEM # 6A DECEMBER 10, 2012 Synthetic Drugs Proposed Policy: The Florida League of Cities supports legislation and the efforts of the Attorney General and law enforcement to ban the manufacture, possession, distribution, purchase or sale of synthetic drugs, including without limitation, herbal incense, bath salts, synthetic marijuana and/or any cannabinoids in the state of Florida and also encourages funding for drug abuse education. Background: Synthetic drugs, marketed as "bath salts," have been a national problem for the last several years. These products mimic the pharmacological effects of amphetamines, cocaine, ecstasy, and other illegal drugs, but can be easily purchased in gas stations, convenience stores, etc. During the 2011 Legislative Session, the Florida Legislature passed HB 39 and HB 1039, which added 11 synthetic cannabinoids or synthetic cannabinoid- mimicking compounds to Schedule 1 of Florida's controlled substance schedule, allowing law enforcement officials and prosecutors to arrest and prosecute for the possession and sale of those particular substances. Following the passage of HB 39, rogue chemists reconfigured the particular synthetic cannabinoids and synthetic cannabinoid - mimmicking compounds made illegal by HB 39 and marketed new products that were not illegal under Florida law. During the 2012 Legislative Session, the Legislature passed HB 1175 which added dozens of additional synthetic cannabinoids, synthetic cannabinoid- mimicking compounds, and synthetic stimulants to Schedule 1 of the Florida's controlled substance schedule. It is anticipated that drug designers and chemists will again make an effort to circumvent the law by reconfiguring the molecular structure of the outlawed compounds, resulting in a similar structure, make up, and effect, but with new and different chemical compounds not listed as controlled substances. It is worth noting that Section 893.035, Florida Statutes, grants Florida's Attorney General rulemaking authority to add new substances to Florida's schedules of controlled substances, but the rulemaking process takes time. Many cities and counties have chosen to act quickly and have adopted ordinances banning the sale of these substances within their jurisdictions, but have found that action needs to be taken at the state level as this has now become a statewide problem in Florida. Current Status: Attorney General Bondi is very passionate about this issue and continues to fight the war on synthetic drugs. Currently, no bills have been filed, but it is anticipated that legislation will be filed attempting to curb or ban the sale of these substances. 10