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