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Exh 6AAGENDA ITEM #6A JANUARY 2G, 2004 RESOLUTION NO: 04-03 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, URGING MEMBERS OF THE FLORIDA LEGISLATIVE TO SUPPORT THE FOLLOWING MUIVICH'AL ISSUES DURING THE 2004 LEGISLATIVE SESSION WHEREAS, legislation passed (HB 113A) during the 2003 Special Session "A" that is the implementation of Article V, a 1998 constitutional amendment, that requires the state to fund the county court system; and WHEREAS, HB 113A prohibits state attorneys from appearing in county courts for the purpose of prosecuting municipal ordinances; and WHEREAS, the bill also prohibits a municipality from contracting with a state attorney for the prosecution of municipal ordinances, and public defenders will not be allowed to represent indigents chazged with ordinance violations; and WHEREAS, HB 113A requires a filing fee of $200 for each code or ordinance violation; and WHEREAS, several cities enforce code enforcement through a citation process, which are filed through the county court system; and WHEREAS, many of the fines for these citations are less than half of the proposed $200 filing fee, which would make the citation process ineffective for code enforcement activities; and WHEREAS, the intent of the Municipal Revenue Sharing hold harmless provision in HB 113A was intended to not reduce any revenues currently shazed with municipalities; and WHEREAS, clean drinking water is a precious resource that must be adequately planned for to meet the needs of future growth in Florida; and WHEREAS, cities aze implementing several innovative methods to assure an adequate supply of drinking water is available for its citizens; and WHEREAS, efforts were made during the 2003 legislative session to mandate that cities establish water conservation rate structures, impose drought rates, require submetering in apartment buildings or condos, mandate statewide irrigation standazds, implement "informative billing", and meter reclaimed water; and WHEREAS, municipalities would be negatively impacted by legislation mandating conservation measures on a "one size fits all" approach and many of the conservation measures AGENDA ITEM #6A JANUARY 26, 2004 being considered had no demonstrable conservation benefit but will be very expensive to implement; and WHEREAS, the geographic emphasis and restrictive nature of Florida's current annexation policy has negatively impacted Florida's municipalities by inhibiting their economic vitality, creating inefficient service delivery and subsidizing urban sprawl; and WHEREAS, the current law has actually made it more difficult for municipalities to provide municipal services in the urbanizing areas in comparison to counties and special districts; and WHEREAS, Florida's tremendous population growth and inflexible annexation policies causes disruption in historical service delivery responsibilities and results in a continuous conflict and inefficiencies in the financing and delivery of many local public services. NOW THEREFORE BE IT RESOLVED, by the City of Atlantic Beach: Section 1. That the City of Atlantic Beach urges Governor Jeb Bush and members of the Florida Legislature to support legislation that: Preserves the authority of individual local governments to determine and implement the specific water conservation measures required under a water use permit, and which preserves a local government's control over reclaimed water that is created by the local government Section 2. That the City of Atlantic Beach urges Governor Jeb Bush and members of the Florida Legislature to support legislation that: Allows municipalities to contract for the services of public defenders and state attorneys to enforce local ordinances; and Eliminates the fee schedules for the enforcement of municipal code or ordinance violations. Provides a modification of the distribution formula for revenues transferred from the Half-Cent Sales Tax Program to the the Revenue Sharing Trust Fund for Municipalities. Section 3. That the City of Atlantic Beach urges Governor Jeb Bush and members of the Florida Legislature to support legislation that: Strengthens the ability of municipalities to eliminate all enclaves regardless of size or use, and provides reasonable procedures to expeditiously annex areas that are contiguous to their boundaries. AGENDA ITEM #6A JAYUARY 26, 2004 2004. Section 4. That copy of this resolution shall be provided to Governor Jeb Bush, Senate President Jim King, House Speaker Johnnie Byrd and members of the Florida Legislature. PASSED AND ADOPTED by the City of Atlantic Beach, this day of JOHN S. MESERVE Mayor Approved as to form and correctness: ALAN C. JENSEN, ESQUIRE City Attorney ATTEST: MAUREEN KING, CMC City Clerk AGENDA ITEM #6A JANUARY 26, 2004 FLORIDA I.EAGllE OF CITIES INC. Memorandum To: Members of Florida League of Cities, Inc. From: Dottie Reeder, President Mayor, City of Seminole Date: December 10, 2003 Re: Request for Resolution At the recent Florida League of Cities' Legislative Conference last month, the FLC Board of Directors adopted a new initiative to enhance the Legislature's awareness of the League's priority issues. This new plan calls on each of Florida's 408 cities to adopt a resolution that supports the League's key priority issues. - = = • _~-These -key-issues that were recently adopted by-the. League membership at,.the -~ ---:-; recent Legislative Conference address three main areas: • Making revisions to the Article V bill dealing with prosecution of municipal ordinance violations; • Legislation that promotes water conservation incentives for Florida's cities; and • Annexation Reform, particularly relating to annexing enclaves Enclosed is a draft resolution that we are asking your city to adopt at the next available council/commission meeting. We would then like you to send copies of that resolution to Governor Jeb Bush, Senate President, Jim King, Speaker of the House, Johnnie Byrd, your House and Senate members and a copy to the Florida League of Cities no later than Friday, February 6, 2004. Also enclosed, is a list of addresses for the Governor, Senate President; Speaker of the House and a House and Senate directory with addresses for your legislators. Should you have any questions or require additional information, please contact John Thomas at the Florida League of Cities at (800) 342-8112. Thank you for your assistance. Enclosures 301 South Bronough Street • Post Office Box 1757 • Tallahassee, FL 32302-1757 Telephone (850) 222-9684 • Suncom 278-5331 • Fax (850) 222-3806 • Internet: http://icn.state.fl.uslflc/ AGENDA ITEM #6A JANUARY 26, 2004 Please send a copy of your City's resolution to the following no later than Friday, February 6, 2004: The Honorable Jeb Bush Governor, State of Florida Plaza Level 05, The Capitol 400 South Monroe Street Tallahassee, Florida 32399-0001 Phone: (850) 488-4441 Fax: (850) 487-0801 The. Honorable Jim King President of the Senate Suite 409, The Capitol 404 South Monroe Street Tallahassee, Florida 32399-1100 Phone: (850) 487-5030 Fax: (850) 487-5368 ,. . _ - - '^~The Honorable-Johnnie Byi•d, Jr. ~ _ ~- Speaker of the House of Representatives Suite 420, The Capitol 402 South Monroe Street Tallahassee, Florida 32399-1300 Phone: (850) 488-0807 Fax: (850) 488-1456 Your House and Senate Members see attached directories for mailing information Jenny Anderson, Legislative Assistant Florida League of Cities, Inc. Post Office Box 1757 Tallahassee, Florida 32302-1757 Phone: (800) 342-8112, extension 119 Fax: (850) 222-3806 AGENDA ITEM #6A JANUARY 26, 2004 Article V Reform Package Background: Filing fee for municipal code or ordinance violations - Requiring a filing fee of $200 for each code or ordinance violation will be cost prohibitive and not an accurate reflection of the use of judicial resources. A number of municipalities enforce code enforcement activities through a citation process. Often the citations are less than half of the proposed $200 filing fee. A reasonable administrative fee is needed in these situations. It must also be clarified that an arrest warrant or notice to appear issued by a municipal police officer for an ordinance violation is not going to trigger a $200 filing fee. Municipal Revenue Sharing -During the 2003 Special Session A, the Legislature passed HB 113A by Rep. Holy Benson and Sen. Rod Smith. HB 113A contained the major reform provisions for implementing the constitutional changes adopted to Article V of the Florida Constitution in 1998. During the regular session, the Senate Finance and Tax Committee adopted an amendment that reduced the Half-Cent Sales Tax Program for counties and municipalities by $135 million. The estimated loss to municipalities was $45 million. In addition, the amendment reduced county revenue sharing by $23 million and municipal revenue sharing by $12 million. The League met with Sen. Smith and senate staff to find a way to pay for the Article V fund shifts without reducing any revenues currently shared with municipalities. In the Senate Article V Subcommittee an amendment was adopted that restored the $12 million cut in municipal revenue sharing and the estimated $45 million reduction for municipalities in the Half-Cent Sales Tax Program was offset by a corresponding increase in the Municipal Revenue Sharing Program. During this past summer, the Department of Revenue was able to run preliminary numbers illustrating the distribution impact to municipalities as a result of shifting Half-Cent Sales Tax dollars to the Municipal Revenue Sharing Program. In summary, the Department figures show that an estimated 272 municipalities will receive less and 136 will receive more under the proposed change. Municipalities use of state attorneys & public defenders - HB 113A prohibits state attorneys from appearing in county courts for the purpose of prosecuting municipal ordinances. In addition, it prohibits a municipality from contracting with a state attorney for the prosecution of municipal ordinances. Likewise, public defenders will not be allowed to represent indigents charged with ordinance violations. Leaving cities with the option of having to hire their own city prosecutors or private defense counsel. Lack of representation for indigents will eliminate jail alternatives for the enforcement of municipal code or ordinance violations. AGENDA ITEM #6A JANUARY 26, 2004 Position Summary: The Florida Urban Partnership will support legislation that provides a hold harmless mechanism in the distribution of revenues transferred from the Half- Cent Sales Tax Program to the Revenue Sharing Trust Fund for Municipalities. The Florida Urban Partnership will support legislation that allows municipalities to contract for the services of public defenders and state attorneys to enforce local ordinances. The Florida League of Cities will support legislation that significantly reduces or eliminates the fee schedule for the enforcement of municipal code or ordinance violations. AGENDA ITEM #6A JANUARY 26, 2004 Annexation Background: The geographic emphasis and restrictive nature of Florida's current annexation policy has negatively impacted Florida's municipalities by inhibiting their economic vitality, creating inefficient service delivery and subsidizing urban sprawl. The current law has actually made it more difficult for municipalities to provide municipal services in the urbanizing areas in comparison to counties and special districts. Florida's tremendous population growth and inflexible annexation policies have caused disruption in historical service delivery responsibilities and results in a continuous conflict and inefficiencies in the financing and delivery of many local public services. Today, Florida is described as more urban, yet less municipal. Chapter 171, which contains Florida's annexation law, was created in 1973. At that time, the state's population was 6.8 million and roughly 4.1 million or 60 percent of the population resided within a municipal boundary. During the thirty years that have passed the state's population has increased by 9.2 million. Sixty percent or 5.4 million of this population increase has occurred in the unincorporated areas of Florida's 67 counties. In 2003, less than half of Florida residents live in one of Florida's 408 municipalities. These demographic trends have drastically reduced the financial resources of municipalities to maintain their economic viability. In addition to the demographic trends, the restrictive nature of Florida's annexation policy has contributed to the struggle of municipalities to enhance their local tax base. Chapter 171 is intended to regulate urban sprawl by prohibiting municipalities from venturing out into rural areas. In contrast, significant sprawl has occurred and counties and special districts have been given a variety of fiscal tools to provide services in areas where municipalities have been prevented from expanding. Economic Vitality of the Urban Centers Annexation policy must be designed to promote the sustainability of Florida's urban centers by encouraging developing areas to become part of existing municipalities. Alternative processes are needed to provide a reasonable and flexible process for municipalities to provide municipal services in these areas. The result will lead to a stronger economic base to support municipal services, as well as avoiding a shift in economic activity to areas outside municipal borders. In addition, such a process will provide more consistency in community standards. AGENDA ITEM #6A JANUARY 26, 2004 Efficient Service Delivery Florida's annexation policy should focus less on geographic factors and more emphasis should be attributed to service delivery efficiencies. Annexation laws should be flexible to incorporate the cost of utilizing the capacity of existing services and infrastructure versus expanding or creating new service delivery patterns. Such policy should include the elimination of unincorporated areas that are costly to serve and yet reside with municipal boundaries. These areas, better known as enclaves, add significant costs to the delivery of public safety and other services. Current annexation procedures allow small groups of individuals and business to receive subsidies for their local services. Florida's cities need to be more involved in the planning and development of areas around them. Otherwise, they will become increasing burdened by residents and businesses on their borders that use their services and benefit from the proximity to downtown shopping, entertainment and commerce and yet do not contribute to the city tax base. The urbanization of areas outside municipal boundaries leads to urban sprawl, the dilution of financial resources and duplication of local services. Position Summary: The Florida League of Cities will support legislation that strengthens the ability of municipalities to eliminate enclaves regardless of size or use, and provides reasonable procedures to expeditiously annex areas that are contiguous to their boundaries. AGENDA ITEM #6A WATER POLICY Position: The Florida League of Cities will support legislation that preserves the authority of individual local governments to determine and implement the specific water conservation measures required under a water use permit, and which preserves a local government's control over reclaimed water that is created by the local government. Water policy legislation in 2004 will revive many of the issues that failed to pass in 2003, including water conservation, alternative water supplies, and water planning. In addition, legislative committees may discuss various recommendations to reform the state's current system of water use permitting, including recommendations contained in reports by the Florida Council of 100 and the Florida Chamber of Commerce. Water policy concepts that will be discussed in the 2004 session include: Linking Local Comprehensive Plans with Regional Water Supply Plans Legislation passed in 2002 requires local governments to "consider" a water management district's regional water supply plan in developing the local comprehensive plan, and to develop aten-year work plan for building any water supply facilities necessary to serve development during that period. Some legislators want to include additional water planning mandates in local government comprehensive plans. Such mandates aze ill advised because the 2002 legislative changes aze only just now being implemented by cities and counties, and may be alone sufficient to remedy any coordination deficiencies on the local government side. Instead, the Legislature should require improvements to regional water supply plans that would facilitate coordination and linkage. The water plans should be revised to provide concrete information that would duect a local government toward a specific water source to meet an identified need or deficit, rather than simply providing a list of possible water sources. In addition, the plans should provide realistic assessments of the costs associated with proposed water sources or projects, and identify potential fending sources. Water Use Permits 2004 legislation will likely revive language from last yeaz that directs the Department of Environmental Protection to develop a water conservation guidance manual for use by local governments. This wIll provide local governments with the necessary flexibility to tailor water conservation programs to local conditions. There will be renewed debate over the ownership and control over reclaimed water. In 2003, the League and water management districts agreed to bfll language that clarified that a water management district cannot control where a local government's conunitted reclaimed water is to be used. Local Sources First The "Local Sources First policy" expressed in current Florida law requires that an azea first exhaust all `Yeasonable" local sources and options before resorting to a water source that is beyond the azea's hydrologic boundary. The Florida Council of 100's report recommended that such transfers should be allowed under certain conditions. This recommendation has encountered strong resistance from interest groups and legislators. Ownership -The House Natural Resources Committee recently completed an Interim Project on the nature of the right that is granted under a consumptive use permit. The Project report concludes that Chapter 373 is uncleaz, and even contradictory, as to the "nature of the legal rights associated with the use of water." One of AGENDA ITEM #6A JANUARY 26, 2004 the uncertainties in the statute appeazs to have created a private mazket of sorts for the buying and selling of "water rights." Legislators may attempt to clarify these ambiguities in the upcoming session. Status: HB 293 (Russell) revives issues contained in last year's water legislation, but will be amended to include unspecified new issues. SB's 58 and 60 (Atwater) are shell bills relating to water quality. SB 152 (Saunders) creates a "2020 Water Supply Commission" to study various water policy issues. SB 596 (Campbell) restricts the sale or transfer of consumptive use permits. SB's 1078 (Lynn) and 1202 (Cowin and many others) express opposition to changing the local sources first policy. SB's 1104 and 1142 (Dockery) revive issues from last year's legislation. Several more bills relating to water policy will be filed in the upcoming weeks. Staff Contact: Rebecca O'Hara Revised: 01/07/04