City of Delray Beach

City of Delray Beach 2013 KEY STATE LEGISLATIVE ISSUES CITY OF DELRAY BEACH 100 NW FIRST AVENUE DELRAY BEACH, FLORIDA 33444 (561) 243 7010 WWW.MYDELRAYBEACH.COM

Content City of Delray Beach CITY COMMISSION 2 2013 KEY STATE LEGISLATIVE ISSUES... 3 TAX REFORM, FINANCE & OTHER BUDGET RELATED ISSUES... 3 ECONOMIC DEVELOPMENT... 4 AFFORDABLE AND ACCESSIBLE PROPERTY INSURANCE REFORM. 4 HOME RULE... 5 PUBLIC SAFETY ISSUES... 5 TRANSPORTATION ISSUES... 5 PLANNING RELATED ISSUES... 6 ENVIRONMENTAL ISSUES... 6 VOTING & PUBLIC INFORMATION... 7 APPROPRIATIONS... 8 2013 KEY LEGISLATIVE DATES. 9 1

City Commission MAYOR VICE MAYOR DEPUTY VICE MAYOR THOMAS CARNEY ADAM FRANKEL ANGELETA GRAY COMMISSIONER COMMISSIONER INTERIM CITY MANAGER AL JACQUET CHRISTINA MORRISON DOUGLAS SMITH 2

2013 KEY STATE LEGISLATIVE ISSUES TAX REFORM, FINANCE & OTHER BUDGET RELATED ISSUES Develop Fair and Equitable Tax Structure: The City SUPPORTS legislation that provides a fair and equitable tax structure and provides Delray Beach with the flexibility to provide the level of services desired by our citizens. Legislation should be developed that SUPPORTS simplifying and stabilizing Florida s state and local tax revenue structure in a manner that provides fairness for both citizens and businesses of our state, while addressing the realities that the current statewide constitutional taxing structure imposes on all levels of government. Arbitrary caps on property assessments, municipal expenditures or municipal revenues should be OPPOSED. Unfunded Mandates to Local Governments: The City SUPPORTS legislation that strengthens the prohibition on existing and new unfunded mandates, requires enhanced staff analyses and quantification of the costs to cities and ensures full funding sources be assigned whenever unfunded mandates are identified. The legislature should SUPPORT revisions to the current unfunded mandates provision of the Florida Constitution that would eliminate unnecessary exemptions. The revision should also ensure that any proposed law which contains an unfunded mandate contain only a single subject matter and be enacted by three fourths vote of each house of the Legislature, only after a duly noticed public hearing at which a current fiscal analysis is available. Communication Services and Local Business Taxes: The City OPPOSES legislation that restricts or eliminates the authority of municipalities to levy, collect and/or expend the communications services tax and the local business tax. Municipal Pension Plans: The City OPPOSES legislation that diminishes municipal control over municipal employee pension plan management and funding or that increases municipal funding liabilities. The City will SUPPORT legislation that provides comprehensive municipal firefighter and police officer pension reform provided that it permits insurance premium tax revenues received by the City under F.S. Chapters 175 or 185 to be used to pay current pension benefit costs and reduce the City s required pension funding contributions. 3

Police Officer and Firefighter Disability Presumptions: The City of Delray Beach SUPPORTS reform legislation that restricts the current statutory disability presumptions for firefighters and law enforcement officers relating to tuberculosis, heart disease, or hypertension. ECONOMIC DEVELOPMENT Enterprise Zone: The City SUPPORTS SB by Senator Maria Sachs and HB by Representative Lori Berman, which would provide authority for the City of Delray Beach, within Palm Beach County, to apply to the Department of Economic Opportunity for designation of an Enterprise Zone along the Delray Beach Innovation Corridor. The Florida Enterprise Zone Program was created in 1982 to encourage economic development in economically distressed areas of the state by providing incentives and inducing private investment. It is the desire of the City to address the decline in its principal office/industrial corridor along Congress Avenue from the City s southern border (at the City of Boca Raton line) to the northern border (at the City of Boynton Beach line). This area has been subject to extreme vacancy in both its commercial and office occupancies. It further encompasses and borders on some residential areas that need a critical uplift in investment and economic opportunity. AFFORDABLE AND ACCESSIBLE PROPERTY INSURANCE REFORM The City SUPPORTS legislation that addresses the need for more affordable and competitive property insurance by the state and/or private insurance providers. The City SUPPORTS efforts to reform the state backed insurer, attract more private insurance companies to Florida and encourage competition to reduce cost of coverage. 4

HOME RULE Public Officers/Severance Pay: The City SUPPORTS the repeal of SB 88, passed in 2011, that restricts severance pay for any public officer, agent, employee or contractor. The bill removes Home Rule authority over severance pay by creating a limit of up to 20 weeks of severance pay. PUBLIC SAFETY ISSUES Sober Houses: The City SUPPORTS legislation that provides for more stringent local regulation of these facilities. The City also SUPPORTS full enforcement of existing state regulations on substance abuse provider licensing. Pursuant to 65D 30.003, Florida Administrative Code, all substance abuse components must be provided by persons or entities that are licensed by the Department of Children and Families (DCF), unless otherwise exempt from licensing. Regulation of Firearms and Ammunition: The City SUPPORTS the repeal of HB 45, passed in 2011, which prohibits the City from implementing enforcement action policies regarding firearms and ammunition regulation. Synthetic Drugs: The City SUPPORTS legislation banning the manufacture, possession, distribution, purchase or sale of synthetic drugs, including herbal incense, bath salts, synthetic marijuana and/or any cannabinoids in the state of Florida and also encourages funding for drug abuse education. Texting While Driving: The City of Delray Beach SUPPORTS the modification of traffic statutes to include texting while driving as an element of careless driving (SB 52 Detert, SB 74 Sachs, SB 152 Altman, HB 13 Holder & Pilon). TRANSPORTATION ISSUES Transportation Funding: The City SUPPORTS legislation that provides opportunities for additional revenue options to fund municipal transportation infrastructure projects. The City will SUPPORT legislation that: 5

Authorizes the Florida Department of Transportation to provide proportionate, dedicated and recurring revenue for multi modal municipal and regional transportation projects. Prohibits the transfer of State Transportation Trust Funds for nontransportation purposes. PLANNING RELATED ISSUES Billboards: The City SUPPORTS legislation that provides home rule authority for municipalities to more strictly regulate outdoor signage/advertising, including billboards. Internet Cafes: The City SUPPORTS legislation that will either regulate businesses operating internet sweepstakes gaming activities under the gaming commission, or find them in violation of Florida Statues Chapter 849 and prosecuted accordingly. Housing: The City SUPPORTS legislation providing $300 million for the national foreclosure settlement agreement to designated neighborhood stabilization programs to be used for existing local government affordable housing initiatives. ENVIRONMENTAL ISSUES Beach Renourishment: The City SUPPORTS assistance from the State in issuing emergency permits, utilizing existing renourishment permits (to mitigate the severe beach erosion that occurred during Hurricane Sandy on the north portion of the City's beach). The City SUPPORTS continued beach renourishment funding through the Ecosystem Management and Restoration Trust Fund for our 2.65 mile beach. Both State & Federal Funding for this project are critical to this important, ongoing project. 6

Water Management District Governance and Authority: The City of Delray Beach will support legislation that amends the powers and duties of the water management districts. Such legislation should: Require legislative ratification of any proposed rule change proposed by a water management district that imposes a financial impact on a local government, and Specify that water management districts have no authority to require local government adoption or repeal of ordinances or to mandate the review or approval of any ordinance. Water Resources: The City SUPPORTS legislation which recognizes that diminished water quality and quantity affect existing business, future economic development, local and state government budgets and public health and safety. The City SUPPORTS legislation that enables the City to retain the necessary tools to meet obligations and responsibilities to comply with water quality standards and water supply planning, development and source protection (i.e., fertilizer ordinance). Further, the City SUPPORTS legislation that establishes environmental, technical and scientific criteria for the protection and recovery of water resources. VOTING & PUBLIC INFORMATION Advocacy Expenditures: The City will SUPPORT legislation to remove restrictions in F.S. 106.113 that prohibits a local government, or any person on the local government s behalf, from spending public money to advocate for the passage or defeat of any issue, referendum or amendment going to a public vote. Early Voting Sites: The City SUPPORTS legislation that would provide the Supervisor of Elections with the option to designate any permanent public facility as an early voting site. Public Notices: The City SUPPORTS legislation that would authorize municipalities to provide public notice and advertising by means other than newspapers (i.e. Internet posting and other suitable alternatives). 7

APPROPRIATIONS Expanded State Grant Funding: The City SUPPORTS expanded State grant funding opportunities to enhance City staffing, services and programs (i.e., Parks and Recreation, EMS, Reclaimed Water, Police, Transportation, etc.). Judicial System Funding: The City strongly SUPPORTS the full funding of the State Attorney, Public Defender offices and the Judiciary. Reduced court funding has a significant impact on public safety due to the inability to complete the processing of cases. The City makes arrests, but the court system is so overwhelmed due to reductions in funding that cases are no filed or nolle prossed by the State Attorney s office or lost in court due to speedy trial requirements. Thus, full funding of the court system to include the Juvenile Assessment Centers statewide is critical to public safety. The City also SUPPORTS the following revenue enhancements for the court system: Expansion of the $65 mandatory court fee to be applied to civil cases in addition to the already allowed criminal cases. This fee would allow for additional revenue to fund the state court system. Continuation and enhancement of the $2.00 recording fee to be distributed to counties to fund court related technology needs. Full funding for statewide traffic hearing officer programs. 8

2013 Key Legislative Dates January 2013 14 18 House and Senate Interim Committee Meetings 22 25 House and Senate Interim Committee Meetings February 2013 4 8 House and Senate Interim Committee Meetings 11 15 House and Senate Interim Committee Meetings 18 22 House and Senate Interim Committee Meetings 26 27 Federal Action Strike Team (FAST) Fly in to Washington, D.C. March 2013 5 Legislative Session Convenes 9 13 National League of Cities Congressional City Conference, Washington, D.C. 19 20 Florida League of Cities Legislative Action Days, Tallahassee May 2013 3 Last Day of Regular Session August 2013 15 17 Florida League of Cities Annual Conference, Orlando November 2013 21 22 Florida League of Cities Legislative Conference, Orlando *Dates subject to change* 9