2004-011
RESOLUTION NO. 2004-11
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA URGING MEMBERS OF
THE FLORIDA LEGISLATURE TO SUPPORT THE
FOLLOWING MUNICIPAL ISSUES DURING THE 2004
LEGISLATIVE SESSION; PROVIDING FOR EFFECTIVE
DATE.
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 charged 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 shared
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 are 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 standards, implement "informative billing", and meter reclaimed water;
and
Resolution No. 2004-11
Page 2
WHEREAS, municipalities would be negatively impacted by legislation
mandating conservation measures on a "one size fits all" approach and many of
the conservation measures being considered had no demonstrable conservation
benefit but will be very expensive to implement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City of Aventura urges Governor Jeb Bush and members
of the Florida Legislature to support legislation that:
a) 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.
b) Allows municipalities to contract for the services of public defenders
and state attorneys to enforce local ordinances; and
c) Eliminates the fee schedules for the enforcement of municipal code
or ordinance violations.
d) Provides a modification of the distribution formula for revenues
transferred from the Half-Cent Sales Tax Program to the Revenue
Sharing Trust Fund for Municipalities to protect municipal funding to
enhance and benefit municipalities.
Section 2. That a 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.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner Holzberg, who
moved its adoption. The motion was seconded by Commissioner Cohen, and
upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Ken Cohen
Commissioner Bob Diamond
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Jay R. Beskin
Mayor Jeffrey M. Perlow
yes
yes
yes
yes
yes
yes
yes
Resolution No. 2004-.!.!
Page 3
PASSED AND ADOPTED this 3rd day of February, 2004.
~YOR
APPROVED AS TO LEGAL SUFFICIENCY:
f'~
CITY ATTORNEY