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08-24-1998 Workshop Meeting City of Aventura City Commission Workshop Meeting August 24, 1998 9:00 A.M. Executive Conference Room 1. 2. 3. 4. 5. 6. 7. Aaenda Lehman Causeway Highway Connector HospitaUMedical Office District Founders Day 98 Activities Huber Tract Purchase City Clerk Performance Review League of Cities (Commissioner Rogers-Libert) Other Business Next Workshop - September 28,1998 In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this meeling because of that disability should contact the Office of the City Clerk, 466-8901, not later than two days prior to such proceeding. FL. DEPT. OF TRHNSPORT Fdx:~,?5::377-5684 .____"_~~. 4 "93 .}_~ :Q:?_._____~.:..Ql lAWTOl'l CHILd COVf.R."fOK .. fLOIUDA ~ DEPARTMENT OF TRANSPORTATION . omct OF Pv..'~l~G. DISTRICT SIX TlI01lAS r. MMT. ... ~ 60: SOUTll M1A.\{1 ^ VES~T. ~11A.1lr. FLORlOA 331J~ 5rcJllTAII' ptlOiU: (305) 377--5910 <SC)4!2-S910 FA.'(: (30S) 3T7.56&1 (SC) m.sBl FAX TRANSMITTAL DATE: August 4, 1998 FAX TO: Eric M. Soroka, City Manager COMPANY: City of Aventura FROM: Randy Fox (305) 377-5888 TOTAL 1\.'1.JMBER OF PAGES, INCLUDING COVER SHEET: g> COMMENTS: Please review the report and do not hesitate "0 call me or Rafael DeArazoza if you have any questions or wish to discuss. ~e would be happy to schedule another meeting with Commissioner Perlow & John Martinez to discuss this matter further. Another alternative would be to have your Consultant perform the operational analySis identified in your scope; then meet with us to discuss "he results before authorizing your Consul"ont to perform the additional work associated with developing the conceptual plan for the inter$ec~ion and cOS~ estiID&tes. tl.~, 7 ~~ .....';- r-L. l!tr-I. Ur- WHN:or-U,:1 r-d\;50S-5,'?-S684 Hug 4 '~8 16;01 P.01 Aug-04-9B 03:32P P.02 LEHMAN CONNECTOR FEASIBILITY STUDY Traffic: Operations Analysis For FLORIDA DEPARTMENT OF TRANSPORTATION DISTRICT SIX 6) Prepared by KittelloD & Associates, IDe. 1100 West Commercial BolIJcvard Fort Lallclerdale, Florida 33309 AUg\lSl4, 1998 '-<';."":j,", h_."~'_"~___ .._,._--~.... .--"'---.-.., rL. Ver I. Ur 11".Hr~0r'Ur<1 t-d,~-.;-JU::;'-..)II-::;'oo4 HUlj 4 '::'0 It> ;U..::..' t-. u..) Aug-04-96 03:32P P.03 l.ehman CDnnector Feasibi1ity Study AlJ/JIIst 4, 199B PfO/&Cl2236ll2 ~:1 11ltradueti01l This memotlIDllum SIIlIIIIl3ri%es the te9Ulu of a traffic operaliOllS analysis conduc:tcd 10 evaluate the impacts of a proposed extension of lhe William LehJnm Causeway (SR IS6INE 192 StIcct) westwazd across the FEe Railroad ttlIeks to connect 1I1 anew iD1meclion with West Dixie Highway. This wotk is a continuation oflhe feasibility stUcly completed by the District VI Planning Office wbich was repol1ed upon in a PreliminaIy Feasibility Study for the WHliam L..n",,,,, Causeway - Wm Dixie Highway Co~ (J\Ily 1998). Seope The purpose of this additional work was 10 beller q\18Dlity the ttaftic operational issues lS50Ciatcd with an at-grade intcnection altenmive by pcrf'onning int=cction ~ty aoalysis at the intersections impacted by the altcmativc:. Three interseetions were analyzed as part of this study. They ~; . W. Dixie Highway! NE 203 Street (lve! Dairy Road) . Biscayne Boulevard (SR SIUS I)/NE 203 Street (lves Dairy Road) . William Lehman Causeway (SR IS6INE 192 Street)/Biso:ayne Boulevard (SR SJUS I) The StUdy area aDd project location are shown in Figure I. TndIie Volamc Data Marmal turnin& movetMQt countS were taken in Jmuwy aDd 1\I1y 1998 at the interSections of Lehman CausewaylBisuyne Boulevard; Ives Dairy RoadlBiscayne Boulevard 8Ild West Dixie highwaylIves Dairy Road during am 8Ild pm peak hours. In addition, 48-hour t1'",,,'],;n" eoums were eontl1'C''''' on W. Dixie Highway southofIves Dairy Road 8Ildon1ves Daily Road _ofW. Dixie Highway in 1\I1y 1998. 11Ie surmner (July) eolmts were factored to January conditions. In addition to W ttaflie volwne data, obse:vaIions were made at the Florida East Coast (FEe) Railroad c;rossing on Ives Daily Road during the am 8Ild pm pelIl< hours to qUlPlnfy the impact of clo........ clue 1D railroad operations. N..BlliIcI CGIlditiOIU Based on jnfannarion provided by the DeparttnetIt, the no-build condition was IISS\lmed to include the rcc:ons1roCtion of the intersection of Biscayne Bou1evard11ves Dairy Road as an "Echelon" inr.erse<:tion. 'Ibis c;onfigw:ation involves seperating the northbound left-1W11 mo_ on US 1 8Ild walbound movements onlve$ Dairy Road from the other in~OIl movements wm<;h will be raised up above grade. Eastbound lves Dairy Road will be raised up over the FEe Rai\road to intencct with US 1 while westbound movements will remain at-grade. FoIf L.afJt>>/'fJe>>, FIOt1tla Kil18I5OII & ~,.,. ItlC. -.,..".,.,.:. r-L. lJt.t-'I. Ur- 1t<:_.HN::>r-U'<1 r-a__A.;..)l)J-..)I-I--Jo64 HU9 4 jo lv;0~ r.04 ~ug-04-9B 03:33P P.04 o _" (lICIT III SCOLQ ~ 203RO SlRW NDi ~ RCo\O lIE Z02NO STREET ~~ ~ ~ ! '" x ~ .... ~ '" -' ! ... Iii u :> Z w w !i .. - :I: lj; N W Z ----- ~ CtUSfl1r.\y ~ \'111. LE~NO S - STUDY INTERSECTION _ _ - PROPOSED ROAD EXTENSION AND AT -GRADE RAILROAD CROSSING LEHMANPROJECT LOCA nON ~~AN CONNECTOR FEASIBILITY STUDY FICUllE II] F T DISTRICT VI 1 JULY lH8 r-L. 1.JLr-I. Ur- 1/"-,HI~0r-U/"-_.1 r-d........:;.lJ:>-..:;.II-::>oo4 Hug 4 ~Q lo;U..:;. r. UJ Aug-04-9S 03:33P P.05 Lsllman Q>nfltlCtDr Feasibility SlWy AurlUst 4, 1998 Project 22311112 ~;3 The traftic volumes used for the no-build analysis were obtained from two SlOUICeS. Existing (1998) AADT volumes obWned from traffic coUDIs were rwssigned to the new roadway configllIll1ion and tbcse volwnes were used to teSt the iJnpact of the proposed IIllW LehInD Causeway exIIeDSiDn &aOSS the FEe Railroad. Since COllSlnlClion of the Echelon is expected to be&in within II short 1ime, these volumes were used lIIIIDocIified. Year 2005 peak hour volUllle5 _ ohb;nrt! from II FellsiDilltY ADalysis titled "Mg;.......Anee of Traffic Plan Modifications - US lllIld NE 203 Street Aventura, Florida" (IGJDky Ham and AsSlOciates. Inc., December 1996). These volumes - used in II fu1ute year analysis . R.'.'lJnneut of Tnf6c to West Dixie HighwlIy R...$$i~ ofpeak hourtrafii<; to West Dixie Highway to accounr for the proposed new railroad crossing was performed manually. A number of faI:1ots wen: taken into lIllCOunt in maki.Dg dlis reassigmnem. ~1I'~ DO origin-clcstination i11fomllUion VJllS ...,ailable furtbe movement betWI:eII WdJiam Lehman Canseway (to the east) and lves Dairy Road (to the west), peak-bour turning volumes at the two inW'SeCuons on Biscaync Boulevam were used to estimate this volume. To ensure a best-case analysis, consavatively high vol1.l11le estimarcs were used for this JnOVm1CIrt. Westbound vehicles traveliDe from the I ..hman Causeway to Ives Daily Road will have the option of making II rigbHum onto Bisca.yDe Boulevard followed by II pde _.--Aed left-turn at lves Dairy Road tIuouP tho Echelon ;~'---'iOD, or malring II westbo\Uld. throIIgb-movc:meDl at Ldunan Ca\llleW8.YJBiscayne Boulevllrd, making II ri&ht-tum onto W Dixie Highway northbound, followed by II left-tum at the agJ'a1i7r.d intascction of W Dixie Highwayllves o.iry Road (nor grade- sopuraWd). Because ofw right-mm-Dn-red a1loWllllCe at Lehman CausewaylBiscayne BoWcvard and 1b: grade_sepamion at Biscayne BoulevardIlves Dally Road. it is anticipated tbal JI10Ilt driven will use !be Biscayne Boulevam IO~. Nevertheless, it was assumed that half (SO percent) of drivers would use 1b:proposcd newl"llihoad crossing lIIId West Dixie Highway. This int!;c:ated a northbound volume of applOximately 100 vehicle! that would shift from Bisca)'lle Bo1Ilevam to West Dixie Highway nortbbO\JIId during either the am or pm ~ hour. In the CllSlbound direction, the elevation of eastbound lves Dairy Road on the Echelon interSeC1ion applOlICh to cross tbe FEe Railroad rracJcs would eliminate the possibility of Ul eastbound-II). SQUIhbound right-tum from Ives Dairy Road to West Dixie Highway. DrivctS would !lave the a!tI::maIi~ of makiD& a right tum al NP. 26th Avenue and using NE 202 Street to ~ess West Dixie Highway, but this would result in neighborhood cut-througb. tratfK and along and cimlitoUS IOIlte. While some drivers would likc;ly U$C this route if it were IIOt prohibited, it is expected that the number would be small given the iDdi_ of the route ~ with the diIeemn, of the Biscayne Boulevard route. It was conservatively eft;?ngto;<i that approxilnately 40 vehicles would shift from Bi~ Boulevald r.o W Dixie Highway southbound during either the am or pm peak KittI8I$OIJ & fo ssocIates, Inc. Fott~,., - rL. VtYI. UI- I r<HN:>I--Ur:_: I I-d);.;.,)U:;'-.,)I'(-:;.t>d4 HU~ 4 ~~ lo;U4 ". Uo Aug-04-98 03:33P P.06 L.lJhman CotInecIor Feuibillfy SIJJdy August oJ. 1998 Pmject 2236112 F'Bge;oJ hollr (using the NE 26th AvenueINE 202nd Street QOODeCIion). The multiDg peak hour shift of traffic &om Biscayne Boulevard to West Dixie Highway due to the new FEe Railroad cnming was therefore estimated to be approximately 140 vehicles (includiDa both clirectiOllS) during either the am or pm peak hour. This reflects a four percent reduction in cxistinB peak hour volllllle 00 Bi!cayne Boulevard (3,400 to 3,500 vph) betw_ Ives Dairy Road and the William V'- Causeway. Peak HD1II' Illtenemoll OperatioDs Peak hour- inrcrscdion operations rcsultiD& from the shift of traffic described above were aD8ly:zed and are S\IIIlID3ri:zed in Table 1 below: Year 2005 ProjcCll:d I998P-.,;g,--' Vobllll" VolulBeo Exi.stillt Lcbmaa I.ebmall CondiIicDs No-bolild _ion RR No-buiId ElaPIiool RR !Jllencction (Ian 1991) (Ec:hcIon ) ClwslIIg (Ec:hcIon) ero..ilI& AM PL\K HOUR W. Dixie Hi&bw-rll- Dairy Rd C B C C C BiscayDa BcNlcvlrdlhn Dairy Rd E D D D D BiIoayu BolllennllWm LeIaaan C c D C D Causeway PMPL\KHOUR W. ~ Hl&hwayllveo Doi<y Rd C C C C D BiscayDe BouIcvardIlves Dairy Rd F D D D D Bioca1J'C BolllevonllWrD Lebmm C C 0 C C Causeway Table 1 Peak HOllr IDtenectioD Leve1 oCService A$ sbowD in the tabulaIed results above, the addition of the Lehman Causeway extenSion does DOt improve operatina levels of service at any of the three S1lldy iutersectio1ls wi1h the "Ecbeloo" in operation. Ana.lysis IWDg either l'1(jorit1g reassigued volllllles or year 2005 projc:ctcd volumeJ indicated 1hM during either am or pm peak hours, the addition of the I-"'mn.... Causeway Extension and railroad crossing resulted in levels of Sel:W:e rt"TI1~;..i!'lg the same at the Ives Dairy RoadIW. Dixie Higbv.1ly and lves Dairy RoadIBiseayne Boulevard inteneetions. The small reas.isrnnent of ~ & A 85l,;ares, Inc. Fort LllutM1daIe. FIotida rL. Vt:YI. Ur I f<HN:OrUf<. I rd/.:;)UO,-;),'-O,bd4 Hug 4 ~d lb:u4 F.Ur" Aug-04-98 03,34P P.07 Lehman Connector Feasibility study ~st.. 1998 PtojeCl223G1l2 PrIr1e:5 left-tIXll1Illffic did not affect the Ives Dairy RoadJBiscayne Boulevard inte:sedion due III the left- turn being gnde-separarcd. The addition ofleft-tumiJlg vebich>s at the Ives DaiIy RoadIW. Dixie Highway intersection did not cmse a decrease in level of service at this location because of ~ assumed addition oflaDes (the no-build condition) and the fact that one leg (eastbound) is removed from ~ iatersection allowing it to operate efficiently as a tbm:-pbase signal. OpemIions remained UIK:banged or degraded at the Biscayne BoulevardILehmaD Causeway inu:nectiOD. This result 15 due to ~ addition of a fori pbuc: at the signal at the intenec:tiOD of Biscayne BoulevardlL.PhmAn Causeway which COI1tribures to increased lost-time aDd a loss of ~ t:iIDe for the through-movement along Bi_yne Boulevard. West DiDe Highway OpetaUODS on West Dixie Highway would be affected by a lir gRater proportion than the folD' pen:.ent impact on Biscayne Boulevard. Existing peak hom volumes so\llh of lves Dairy Road an: approxima1eIy 650 vehicles per ho1lr duriDi either the am or pm peak. This reflects l1li epproximatc operating level of service of B based on the Florida DOT Level of Service Manual GeneralizlOd Tables. The addition of 140 vehicles during each pc:alt hom reflects a 22 percent incJease. Level of Service would degI8de to E iii a result of this additiOD8l traffic usiJlg the existing laDe configuration. Therefme., West Dixie Highway would require widening to 4 !aIles in the section between the proposed DeW raiJroad aossing (NE 192 Srree:rIW Dixie Highway) aud Ives Dairy Road, with property impacts resulting iii desaibed in the FOOT Feasibility Study Report. Additioul '.don CODSicJered 8tgnal SpQi;ing The 5pIIciJlg between me existing signal at W Dixie HighwaylNE 26th Avenue aud the DCW signal requimi at Lehman Causeway ExtensionlW Dixie Highway would be only 200 feet if LelP- Causeway were extended aclOSS ~ FEe Railroad uacks. This is well below reQuiJed County sumdards. N_ Ratlroad Crossing 0bIainiDg .. permit for .. DeW railroad crossing oould be a vert difficult llI5k. The FEe Railroad does not have a written policy on new crossiDg locations, so it is not possible to peri'onn a rigOlOll5 llIl.Ilysis of me IWI'!lihnod of obllliDiDg approval for a new crossing. However, United Stares DeplIrImr:DtofT~on (USDOl) 1992 national pde crossing safety initialive aimed to close tweDty-five (25) pen:eat of u.gIllde rail crno-a1\g!' in this coUll1rY by the year 2000 TO improve safety Cot the traveling public. This lll8kes ~ openiDg of DCW crossings difficult from both a public and priVldC point of view. KilIII/$DIl & AssociatN. Inc. FoIt Lauden181e. F/oridIJ t-L. lJtYI. Ut- IkHN0t-'Ukl rax;.ju:,-.jii-:'ot>4 HUg 4 '~6 16;u5 P.ut> Aug-04-98 03:34P P.OS LBhman Connector FHsibiIily Study August 4, 1998 Project 2236112 Paae:6 CODcbuio... and Deco_Delations The work compiefl!d for this study was a lIaffic operations llII8lySis perfunncd to better quantify the operational issues asy.,,;atM with a proposed at-grade rail crossing at the extension of the William LeIlDIaIl Causeway (NE 192 Stteet) aDd the FEe Railroad trades in A ventura, Florida. MomiDg aDd aftcmoon peak hour operations w= llII8lyzed at Wee inlMecbollS which would be im~ by the proposed _ roure: W. Dixie Highway/NE 203 Street (lvcs Dairy Road); BiscayIle Boulewrd (SR S/US 1)INE 203 Street (lves Dairy Road); aDd William Lehman Causeway (SR 856/NE 192 Sucer)/BiKayIlc Boulevard (SR 5IUS 1). The results of this lIDlIlysis indicated tbal: . There would be 110 improvement in ttaffic operatiOIlS at the three study intersec:1ions as a result of the CODStt\ICtion of a new l'llilroad crossing at the extension of the William Lcbman Causeway and the widening ofWcst Dixie Highway. o 1llete would be & dec:reasc in level of service at the intc:rscction of the William r..,hmll1'l CausewaylBiscayDt Boulevard as a result of the addition of a fourth signal phase at this lDCldi.on to =ve nortbbotmd left-turning traffic. . There would be a small (four peIIlQI1) IlldIxtion in peak hour traffic on B~ Boulevard bc:tw=n the William Lehman CIlDSeWllY aad Ives DaUy Road which would have an ~t beneficial effect On the signals providing access to the Aventura Mall. o W;.....;ng of West Dixie Highway betwr:eD NE 192 SlreeI and rves Dai%y Road is llSSOCiated with sigJIificant right-of-way and residential relocation impacts. . Railroad crossing speciDg and tJafiic signal spacing on West Dixie Highway would be unacceprable under dris alUlID8dve. Based on the above fi...l;,,~ it is ftlf'.nmme:nded thai. an at-grade crossing of the FEe Railroad at the exteDsioo of the William Lehman Canseway (NE 192 Street) not be pursued. Kittelson & A~les. Inc. Fotl Laud&trJ8Ie. Florida WORK AUTHORIZATION NO. 15414.47 The City of Aventura has requested Work Authorization No. 15414.47, as provided for in the agreement between the City of Aventura and Keith and Schnars, P.A. and approved by the City Commission on August 20, 1996. This Work Authorization No. 15414.47 provides for technical services in accordance with Articles 3 and 4 of the agreement as further detailed in the scope of services in Exhibit A. Payment for such services shall be in accordance with Article 5 of the agreement. Total estimated labor expenses are Total estimated reimbursables are Total estimated expenses $44,440.00 $4,000.00 $48,440.00 The time period for this work authorization will be 30 days. CITY: ATTEST CITY OF A VENTURA, FLORIDA through its City Manager BY BY City Clerk City Manager Teresa M. Smith Eric M Soroka day of ,1998 APPROVED AS TO FORM BY Notice to Proceed Yes No City Attorney Weiss Serota & Helfman. P.A. Project Initiation Date RECOMMENDED through its CIP Project Manager BY Capital Improvements Proj. Mgr. Albert J. Catullo _ day of ,1998 Exhibit A Work Authorization No. 15414.47 Biscayne BoulevardIWilIiam Lehman CausewaylWest Dixie Highway Intersection Improvement Traffic Circulation Study Scope of Consulting Services between The City of A ventura, Florida and Keith and Schnars, P.A. July 27, 1998 Exhibit A WORK AUTHORIZA TION NO. 15414.47 Biscayne BoulevardIWilIiam Lehman CausewaylWest Dixie Highway Intersection Improvement Traffic Circulation Study SCOPE OF CONSULTING SERVICES PREAMBLE CONSULTANT proposes to provide professional services in the form of a traffic circulation study for the area of Biscayne Boulevard, West Dixie Highway and the William Lehman Causeway. The goal is to provide an evaluation of, and conceptual plan for, providing a direct connection between Northeast 192nd Street on the east and West Dixie Highway on the west. The CONSULTANT shall obtain existing traffic data, shall perform additional traffic counts as needed, traffic modeling and development of conceptual plans. Two (2) alternatives will be considered: (I) provision of this connection with two-way traffic flow and (2) provision of this connection with one-way (westbound) traffic flow only. The CONSULTANT shall identify the issues associated with opening this new railroad grade crossing and shall provide a preliminary assessment of the right-of-way impacts and costs and potential business damages (if any). The CONSULTANT shall prepare a study report, including an executive summary, presenting and documenting the methodology, results and conclusions of this work effort. In addition, the CONSULT ANT shall provide coordination with City staff, the Florida Department of Transportation, the affected railroad (FEC), and Miami-Dade County as necessary. This shall include presentation to the City Commission. 1.0 Traffic Analysis 1.01 Data Collection The CONSULTANT shall obtain available and historical traffic count information from the City, County, and FDOT. This data shall be used to establish a baseline condition in order to project traffic forward to an anticipated opening year. It is anticipated that additional traffic turning movement counts will be required to supplement available information and to provide the necessary input data for the traffic modeling component of the study. 1.02 Traffic Modeling and Analysis The CONSULTANT shall use the data acquired in Task l.OI to model the anticipated traffic impact on surrounding roadway due to the provision of this new connection. The model will be run for both alternatives. CONSULTANT anticipates using CORSIM (Corridor Network Simulation Model) or a comparable model if agreed upon by study participants and found to be more appropriate. The model will estimate the traffic expected to use this connection as well as division from adjacent roadway facilities. Area covered by this study shall extend from Miami Gardens Drive to Ives Dairy Road (Northeast 203rd Street) and from West Dixie Highway to the east side of US- I. This task shall also include preparation of written material summarizing analysis methodology and results. 2.0 Railroad Crossing The CONSULT ANT shall provide coordination with the FDOT District Rail Office and with the FEe. This coordination is needed to provide an indication of the feasibility of opening this new crossing, railroad requirements (if any) for closing a nearby crossing and the costs associated with these improvements. 3.0 Right-oC-Way Impacts The CONSULTANT will investigate the effects of alternative road alignments on existing site plans where right-of-way will need to be acquired. The CONSULTANT will prepare preliminary site plans indicating proposed alignment, and there effects. Conceptual cure plans will be developed based on the alignments. The CONSULTANT, through a suitably qualified subconsultant, shall provide a preliminary assessment of the costs of each alternative considered in terms of property acquisition costs and any associated business damages. These estimates will be done only to estimate order of magnitude costs and will not provide information to a degree necessary for actual settlement. 4.0 Conceptual Plans The CONSULTANT shall develop conceptual roadway plans for each of the two (2) alternatives to a scale which will assure feasibility, to estimate right-of-way requirements and to clearly portray the intent of the design. These plans shall include schematic layout of pavement markings, signing, and preliminary layout of traffic signal displays and supports including railroad crossing protective devices. Traffic signal phasing necessary to accommodate anticipated traffic patterns at the intersection of the new connector with West Dixie Highway and Biscayne Boulevard will be shown. Conceptual plans shall be prepared such that they can be included within the study report and also used for display at public presentations. 5.0 Meetings In addition to the meetings required in the other tasks of this Work Authorization, the CONSULT ANT shall attend additional study coordination meetings with the City and FDOT. These meetings are anticipated as: . Three (3) meetings with City staff; . Two (2) meetings with FDOT staff; and . One (I) presentation to the City of Aventura City Commission. 6.0 Final Report Prior to presentation of the study findings to the City Commission, the CONSUL- T ANT shall provide a Draft Report for review by City staff and FDOT. This report shall contain, at a minimum, discussion of the study objectives and methodology, a summary of the traffic analysis, findings relative to the railroad, alternative conceptual plans, anticipated project costs and benefits and study recommendations. Detailed information on the study will be contained in an appendix to the report. The Final Report will contain an executive summary which may also be bound separately at the direction of the City. C:\WPWIN6WROJECTM VENTURAV 5414.47 fWKIDA - - - ~ DEPARTMENT Of' TRANSPORTATION - - -- - - -- - lAVrJ'Ol"t ClIlLlS (,,,-.''EMOIl DRAft PRELIMINARY FEASIBILITY STUDY for the WILLIAM LEHMAN CAUSEWAY - W. DIXIE HIGHWAY CONNECTOR , ""~~ ()V-.r Prepared by the Florida Department of Transportation District Six Office of Planning and Programs July 1998 TlIOMAS F. a..\I\n J,. SUIlETAkY (i) RECYCLED PAPER TABLE OF CONTENTS Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 Methodology. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3 Identification of Alternatives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4 Alternative # 1 - Description (full flyover) ..................... 4 Alternative # 1 - Constraints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 5 Alternative #2 - Description (at-grade intersection) . . . . . . . . . . . . .. 8 Alternative #2 Constraints ................................ 9 Alternative #3 - Description (at-grade @ other location) . . . . . . . . . . 12 Alternative #3 - Constraints ............................... 12 Alternative #4 - Description (partial flyover) .................. 12 Alternative #4 - Constraints ............................... 13 Conclusions ................................................ 14 LIST OF FIGURES Figure 1 (Study Area). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 Figure 2 (Full Flyover). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Figure 3 (At-grade Intersection). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Figure 4 (Partial Flyover). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Purpose This document was prepared by the Florida Depaltment of Transportation (FDOT) to determine the preliminary feasibility of conshucting a roadway connection between the William Lehman Causeway (SR 856/N.E. 192 Street) and West Dixie Highway. The study was initiated in response to Resolution #98-34 that was adopted by the City of Aventura City Commission on April 7, 1998. The resolution requested that FDOT and the Dade County Public Works Department study the feasibility of connecting the William Lehman Causeway with West Dixie Highway in order to improve traffic circulation and reduce traffic at the intersection of Ives Dairy Road (N.E. 203 Street) and Biscayne Boulevard. The intersection and sUITounding roads are shown on the aerial photograph (Figure 1) below. Figure I LEHMAN CONNECTOR STUDY AREA Aerial photograph (1997); Scale is approximately I" = 300'. 2 Methodology A multi disciplinary team was established to evaluate the proposed Connector, comprised of senior staff from the FDOT Offices of Planning, Environmental Management, Design and Traffic Operations. The proposal was also reviewed by staff from the Dade County Public Works Department. The Study Team reviewed existing data sources and conducted a field survey to identifY potential Connector alternatives. Data included Straight-Line Diagrams (SLDs), Traffic Count RepOlts (year 1997), Aerial Photographs and Zoning Parcel Maps (year 1997). The Study Team also contacted the FDOT Rail Coordinator to identifY policies and plans pertaining to the railroad tracks that parallel the west side of Biscayne Boulevard. Traffic volumes and the existing number of lanes for state highways in the area are shown in the following table. Existing Traffic Volumes Wm Lehman Causeway (SR 856) (East of Biscayne Boulevard) 6 24,000 Biscayne Boulevard (US 1) (South ofWm Lehman Cswy) 6 (2) 57,000 Biscayne Boulevard (US 1) (North ofN.E. 203 Street) 6 40,000 Miami Gardens Drive (N.E. 183 St.) (West of Biscayne Boulevard) 4 35,000 LOCA nON # of LANES Traffic Volume (1) (1) AADT = Average Annual Daily Traffic (Two-Way Volumes combined; 1997 data) (2) Construction programmed; will be expanded to 8-lanes 3 Identification of Alternatives The Study Team identified the following four (4) altematives for consideration: . Altemative #1 Full directional flyover (bridge) connection from the Wm Lehman Causeway with ramps to and from the north and south on W. Dixie Highway. . Altemative #2 At-grade intersection that would extend the Wm Lehman Causeway to W. Dixie Highway. . Alternative #3 At-grade intersection south ofWm Lehman Causeway between N.E. 188 - N.E. 191 Streets. . Alternative #4 Single-directional flyover (bridge) connection from the Wm Lehman Causeway with ramps to and from the north on W. Dixie Highway. Alternative #1 - Description Altemative #1 (full flyover) would be constmcted as two ramps located on the north and south sides of the Wm Lehman Causeway, east of the intersection of Biscayne Boulevard. The ramps would extend over Biscayne Boulevard and the tracks for the FlOlida East Coast Railway (FEC). The north ramp would split into two single lane ramps extending north and south to West Dixie Highway. This would provide for traffic movements from westbound Wm Lehman to north and southbound West Dixie Highway. A similar split- ramp configuration would be located on the south side of the Wm Lehman Causeway to provide for the retum traffic movements from north and southbound West Dixie Highway to eastbound Wm Lehman Causeway. The fly over concept is shown in Figure 2 on the following page. The flyover was considered desirable from a traffic operations perspective because it would reduce traffic volumes on Biscayne Boulevard and avoid the need for a new rail crossing at the FEC tracks located adjacent to the west side of Biscayne Boulevard. The flyover would also reduce traffic demand within the Wm LehmanlBiscayne Boulevard intersection and provide more green time for traffic on Biscayne Boulevard. 4 Figure 2 Alternative # 1 Full Directional Flyover Concept NOT TO SCALE; alignment of ramps and curves are conceptual. Alternative #1 - Constraints The primary concems regarding the flyover altemative include: the high costs for ramp structures; and, the impacts to business and residential propeliies located along W. Dixie Highway associated with the placement of bridge shuctures and the widening needed for the additional traffic volumes on W. Dixie Highway. FEC requires a minimum clearance of 23' for roadways spanning the tracks. The pavement height for the ramps would be more than 28' after allowing an additional 5' for 5 the bridge support beams. The length of the ramps would be approximately 2,100' to provide adequate grades and curves: 600' to achieve the elevation over the FEC tracks, 900' for the curves to align with W. Dixie Highway, and 600' for the downgrade to W. Dixie Highway. Preliminary cost estimates for the structure alone are approximately $5.6 million (based on FDOT's 1997 Long Range Estimates Handbook for a flyover with single lane ramps (14' lane with 6' inside & outside shoulders, per standards). ROW needs for the flyover are another primary consideration. Two active businesses that would be directly impacted by the flyover ramps are located on the east and west sides ofW. Dixie Highway in the vicinity of the proposed ramp structures. The businesses occupy industrial zoned lots of approximately four (4) acres each. The buildings for these businesses are large and cover a majority of the property. Pending the exact alignment of the ramps, it is anticipated that one of the building would be taken in it's entirety while the other could involve a pmiial taking and business damages due to the loss of parking areas needed for the placement of bridge suppOli columns. Looking west from the east side ofW. Dixie Highway in the direction of the proposed connector extension at one of two industrial parcels (approx. 4 acres each) potentially impacted by COimector altematives. The Miron Building Products Company located at 19400 W. Dixie Highway specializes in the sales and installation ofkitchen and bath building supplies. 6 Business and residential impacts would also be incurred as a result of the need to widen W. Dixie Highway to accommodate the ramps and additional traffic volumes. Ramps located south of the COImector might be accommodated within available ROW if the existing side street parking was eliminated from both sides of the roadway. However, several small businesses are located along the corridor and may oppose the loss of parking in front of their businesses. Another concem is the large number of closely spaced driveway connections located in this area which will cause the proposed 4-lane section to operate poorly. Looking south on W. Dixie Highway, south of the proposed Connector. Widening to 4-lanes would require the loss of side stTeet parking that is presently available to businesses located along the roadway. Widening of the roadway nOlth of the connector would require ROW acquisition on the west side of W. Dixie Highway since the FEC ROW abuts the east side of the roadway and a 50' setback from the tracks must be maintained for safety purposes in case of derailment. Widening nOlth of the connector would involve some relocation costs for residences located on the west side of W. Dixie Highway as shown in the photograph on the following page. 7 Looking nOlih on W. Dixie Highway, nOlih of the proposed COlmector. Widening to 4-lanes would occur on the left side of road to maintain FEC setback and would involve impacts to residential propeliies in this area. Alternative #2 - Description Alternative #2 (At-grade intersection) would extend the Wm Lehman Causeway west across the FEC tracks and connect with W. Dixie Highway at it's present location. The at-grade intersection would be significantly less expensive than the bridge structures proposed in Altemative # I. In addition to eliminating the costs of the elevated structure, the intersection could possibly be designed to avoid the need to condemn existing industrial buildings located adjacent to W. Dixie Highway at this location. The intersection may also appear less visually imposing than a 30' high bridge structure and blend in with the area better. The at-grade intersection is shown in Figure 3 on the following page. 8 Figure 3 Alternative #2 At-grade Intersection Concept NOT TO SCALE; alignment oframps and curves are conceptual. Alternative #2 Constraints The primary concems regarding the at-grade intersection altemative include: restnctlOns on new railroad crossings; safety and traffic operational issues; and, the impacts to business and residential properties located along W. Dixie Highway associated with the placement of tum lanes and the widening needed for the additional traffic volumes on W. Dixie Highway. Except in very rare instances, FEC's policy is to disallow any new road crossings. In addition, the FEC has double-tracked this line and cUlTently operates 24 trains per day 9 with higher volumes expected in the future. Even if a new crossing was approved, the operations of the intersection would be significantly degraded by the large number of trains utilizing the conidor each day. Traffic movements on Biscayne Boulevard would also suffer a loss of green time to allow for the longer time required for cars to travel through the two closely spaced intersections with coordinated traffic signals at Biscayne Boulevard and W. Dixie Highway. The FEC tracks adjacent to Biscayne Boulevard cany 24 trains each day with higher volumes expected in the future. Other constraints with the at-grade intersection involve the existing alignment ofW. Dixie Highway at this location. W. Dixie Highway has a f011y-five degree curve in this area and the extension ofWm. Lehman Causeway would intersect at this curve. This presents an undesirable alignment for intersecting roads due to reduced safety. The photograph on the following page shows the curve on W. Dixie Highway where the at- grade intersection would connect. 10 Hazardous curve on W. Dixie Highway where the extension ofWm Lehman Causeway would connect with an at-grade intersection. Looking south on W. Dixie from nOlih of the proposed connector location. Realignment ofW. Dixie Highway could reduce the curve somewhat but would require the condemnation of one or both of the industrial buildings located adjacent to the curve. Even without realignment of the curve on W. Dixie Highway, portions of both industrial properties may still be required for the intersection. Since the major tTaffic movement would be to and from the Wm Lehman Causeway, single or dual turn lanes would be required at the intersection ofW. Dixie Highway. The wide intersection would encroach on both properties and require acquisition of lane and possibly buildings. In addition, the increased traffic volumes on W. Dixie Highway would require widening to 4-lanes and involve similar business and residential impacts as described for Alternative # 1. II Alternative #3 - Description Altemative #3 considered the potential for locating an at-grade intersection within the immediate area that presented a more favorable connection to W. Dixie Highway by avoiding the dangerous forty-five degree curve on W. Dixie; and, by avoiding some of the business and residential impacts. Alternative locations that were considered included the areas between N.E. 191 Street and N.E. 188 StTeet. Alternative #3 - Constraints The primaIY concel1lS with an at-grade intersection at another location are the same as with Altel1lative #2: restrictions with new railroad crossings; safety and traffic operational issues; and, the impacts to business and residential proper1ies located along W. Dixie Highway associated with the widening needed for the additional traffic volumes on W. Dixie Highway. Approval for a new FEC crossing at another location may be impossible in this area since this would place the new crossing closer to existing crossings and violate minimum spacing standards for rail crossings. Another concel1l is that a new traffic signal would be needed on Biscayne Boulevard that would violate the Deparlment's signal spacing standards, and further degrade the safety and operations of the corridor, particularly with the expected increase in train volumes. This altel1lative appears the least desirable. Alternative #4 - Description Altemative #4 considered the potential for constructing only one set offlyover ramps to accommodate movements to and from the n0l1h on W. Dixie highway. With this altel1lative, it may be possible to avoid condemnation of the two industrial businesses adjacent to the curve on W. Dixie Highway and the taking of side street parking for businesses to the south. Costs for the bridge shucture alone would be half of those for the full flyover (approximately $2.8 million). The partial flyover is depicted in Figure 4 on the following page. 12 NOT TO SCALE; alignment of ramps and curves are conceptual. Alternative #4 - Constraints The primary concems identified with the single direction flyover include: capacity constraints with accommodating the additional h'affic volumes at the W. Dixie Highway/N.E. 203 Street intersection and on N.E. 203 Sh'eet west of the intersection. The close proximity of the W. Dixie Highway and Biscayne Boulevard intersections on N.E. 203 Street (and the FEC h'acks in between) would require coordinated signal timing at these locations. In order to accommodate the heavy left tum volumes from nOlihbound W. Dixie Highway, green time would be reduced at the Biscayne BoulevardIN.E. 203 intersection. This would reduce the benefits of the fly over considerably and negate the primary goal of the improvement - to reduce congestion on Biscayne Boulevard. 13 Another constraint wi:,. the single direction flyover is the inability ofN.E. 203 Street to accommodate the full traffic volumes from the Wm. Lehman Causeway. The current configuration of the Wm Lehman Causeway intersection provides drivers with a choice to use N.E. 183 Street or N.E. 203 Street for access to the west of Biscayne Boulevard. The existing volumes on N.E. 203 Street are substantial and adding a major pOltion of the Wm Lehman traffic volumes (24,000 AADT) onto N.E. would cause many of the intersections to the west to fail and lead to heavy congestion within the N.E. 203 Street corridor. Conclusions The Department evaluated four altematives for connecting the Wm Lehman Causeway to W. Dixie Highway. ROW costs and impacts to residences and businesses are associated with all four altematives due to the need to widen W. Dixie Highway to four lanes to accommodate the additional traffic volumes from the Wm Lehman Causeway. The two flyover altematives evaluated the potential for constlUcting elevated ramps over the FEC tracks. The full flyover would accommodate movements to and from both directions on W. Dixie Highway but would cost approximately $5.6 million for the structure alone and require the four-laning ofW. Dixie Highway from N.E. 183 Street to N.E. 203 Street. A partial or single direction flyover, serving traffic to and from the north on W. Dixie highway, would cost half as much and require four-laning of a reduced section ofW. Dixie Highway. The partial flyover, however, raises significant operational concems. Since the majority ofWm Lehman Causeway traffic would be concentrated at the W. DixiefN.E. 203 Street intersection, longer signal lengths would be needed for that intersection which would result in the loss of green time for the signals at Biscayne Boulevard and increased congestion. Perhaps more impOltantly, the increased traffic volumes placed on N.E. 203 Street may trigger the failure of intersections to the west and cause severe congestion within the heavily traveled conidor. The two at-grade intersection altematives were eliminated because of substantial conflicts with the FEC Railway. It is nearly impossible to obtain approval for new rail crossings. In addition, the FEC corridor is presently double-tracked and canies 24 trains per day with volumes expected to increase in the future. Even if a new crossing could be approved, the high train volumes would cause the intersection to operate at an unacceptable level of service and increase congestion on Biscayne Boulevard. In sum, the results of the preliminary feasibility assessment indicate that a connection between the Wm Lehman Causeway and W. Dixie Highway may not provide the expected benefits needed to justify the connection. Considerable constraints are associated with each of the altematives. The ROW impacts and costs, conslIuction costs and degradation of traffic operations suggest that the concept is not feasible and additional effort is not warranted. c 1 ,-.- .-,- ,-., , ", I ~[2 g ~~! ~ J;_ ([ I" ::: gj -t~!! ~ -0" if> (ij ll.!~ 0 ~ . ~~~ ~~ .0 j! 8" ' N I.. t1l: . .. ~ I l~ l ] ~~!> o.?: !;if ~ ~~ . <3 .. >- &" -0 1 ::J - .j....J ... = Vl . c 1> .j....J " <D U '; .;:: ::'j .j....J '" I .~ I'" I 0 '" ,-,---- :; ~ m c (l) .~ > <( Q. 0 Vl 0 >- ~. =.~ I ~ 0 I :on",., ---, ' "'.......,,,.,..--- - ~......".. Third Annual Founders Day Aventura Founders Park Dedication Sunday, November 1,1998 10:00 A.M. - 4:00 P.M. ACTIVITY SCHEDULE TIME EVENT SOUTH STAGE FAMILY FUN ZONE SPORTS ZONE 10:00 AM Dedication Ceremony Art Walk Display (all day) 10:30 AM First pitch to open softball game Softball Game 11:00AM 11:30AM Food Service Begins Local Talent 12:00 noon The Fabulons Tall/Small Relays On-going Tennis Activities 12:30 PM Dancing Dynamix Police Demonstration 1 :00 PM Jazz Band Family Bingo Volleyball Challenge-on-going 1 :30 PM The Fabulons Kiddie Magic Show Horseshoes Tourney-ongoing 2:00 PM Parachute Play Bocci Tourney-on-going 2:30 PM Food Service Ends Jazz Band TV Trivia Health Trail Hike 3:00 PM The Fabulons Balloon Toss Speed Sliding-Super slide 3:30 PM Follow the Leader Base Running 4:00 PM Event Ends Wacky Water Ball Dedication Ceremonv Aventura Police Honor Guard Pledge of Allegiance Welcome Dedication of Park & Monument Ribbon Cutting First Pitch by City Commission -Softball Field Public Safety Demos/Exhibits Crime Dog - McGriff (roaming) K9 Unit - Sports Zone Squad Cars & Equipment-Sports Zone Local Talent Aventura Ballet Company-South Stage Tennis Activities On-going tennis activities Coordinated by Tennis Staff ClinicslToumament Softball Game Softball Challenge Crafts Corner(on-aoina) Sand Painting Mini Spin Art Beads Bonanza Yummy Necklaces Art Walk Art Display from Local Elementary Schools Trollev Shuttle Service Continuous shuttle service From parking to Founders Park 10-minute intervals 9:45 A.M. - 4:45 P.M. Entertainment Amenities (on-Qoina) Disc Jockey/music, announcements Strolling Entertainer Magician Clowns for face painting/balloonist CrTY OF A VENTURA OFFICE OF THE CITY COMMISSION MEMORANDUM Date: August 16, 19 To: Arthur Snyder Mayor From: Patricia Rogers- i Commissioner Subject: NLC Advisory Council Focus Building Communities Attached please find a memorandum sent to all NLC Steering Committee members, requesting input into the 1998 NLC Advisory Council Futures proc- ess. This year, "Building A Nation of Communities" is the focus selected for the Futures Process. The NLC has requested that Steering Committee members' identify those local programs which help build communities. This topic is particularly relevant to me as a member of the NLC Community & Economic Development Steering Committee. I would like to work with the Miami-Dade (DLC) and Goldcoast Leagues of Cities to gather information and ideas. I am requesting concurrence from you and the Commission to pursue this ac- tivity. I will, of course, keep the Commission informed. Attachment c: Eric Soroka, City Manager Teresa Smith, City Clerk , There are six NLC Steering Committees; approximately 35 elected officiols are selected by the NLC Board of Directors to serve on each Steering Committee. ~';~ "-------_/^'._-- ---_.~-...--_/ National league of Cities 1301 Pennsylvania Avenue NW. Washington. D.C. 20004-1763 (202) 626-3000 Fax: (202) 626-3043 www.nlc.org Officers President BriarlJ.O'Ne,11 Council Member, Philadelphia. Pennsylvania August 6, 1998 First Vice President ClarerlceEAnthony Mayor, South Bay, Florida MEMORANDUM Second VicePresidenl Bob Knight Mayor,Wichila, Kansas ImmediatePastPresidenl Mark Schwartz Council Member, Oklahoma City, Oklahoma To: NLC Steering Committee Members Execu/lveDirector DonaldJ 80m! From: Donald Borut, Executive Direct~ /I^ Subject: Request for Information on "Building Communities" "We are a nation of communities. City officials should act to build the sense of community and the institutionalframeworksfor community in neighborhoods, across whole cities, in regions, andfor the nation." Clarence Anthony, NLC First Vice President, Mayor, South Bay, Florida "Building A Nation of Communities" is the focus ofNLC's Advisory Council Futures Process during 1998. The Futures topics are selected by NLC's First Vice President and the topic is developed and reported on by the NLC Advisory Council. NLC then conducts a range of activities to implement the ideas derived from the Futures Report. Mayor Anthony seeks to have this year's Futures Process give meaning to the phrase "We are a nation of communities." He sees a need to develop "a sense of community ownership" in cities and towns across the nation. Strong communities strengthen local government. Local officials can be most effective in communities where there is a strong sense of inclusiveness, ownership and shared responsibility, and where there are institutions and frameworks that bring citizens together across geographic, economic, and social boundaries to build the community's future. Based on this, the Advisory Council is devoting its 1998 Futures activities to identifYing and examining: . What is community? . Why is community important to cities and towns? . What makes a successful community? . What roles can municipal officials play that will support efforts to build community? Past Presidents; Glenda E. Hood. Mayor, Orlando, Florida' Sharpe James, Mayor. Newark. New Jersey' Gregory lashutka, Mayor, Columbus, Ohio. Cathy Reynolds, City Council President, Denver, Colorado' Directors: Floyd Adams, Jr., Mayor, Savannah. Georgia. Arnie Adamsen, Councilman, Las Vegas, Nevada' E. H. Alexander, Mayor Pro Tern, Red Springs, North Carolina' John B. Andrews, Executive Director, New Hampshire Municipal Association . Dennis W. Archer, Mayor, Detroit, Michigan . Sharon Sayles Bellon, Mayor. Minneapolis. Minnesota . George D. Blackwood, Jr., Mayor Pro Tern, Kansas City. Missouri' Thomas G. Bredeweg, Executive Director, Iowa League of Cities' George A. Brown, Jr., Councilmember, Lexington-Fayette, Kentucky' Susan J. Cave, Executive Director, Ohio Municipal League. Mary Clark, Councilmember. Camden. South Carolina' Frank Clinton, Mayor, Paris, Illinois. Hat Daub, Mayor, Omaha. Nebraska. John DeStefano, Jr" Mayor, New Haven. Connecticut. Sue Donaldson, Councilmember, Seattle, Washington. Thomas Duane, Councilmember. New York, New York' Jerry Dunn. Mayor, Benbrook, Texas' Howard E. DUl/all, Jr., Executive Director. Municipal Association of South Carolina' Gene Feldman, Aiderman. Evanston. Iliinois . William F. Fulginiti, Executive Director. New Mexico Municipal League' John A. Garner, Jr., Executive Director, Pennsylvania League of Cities and Municipalities. Neil G. Giuliano, Mayor. Tempe, Arizona. Thomas J. Grady, Executive Director, Nevada League of Cities' Victor Hernandez, Councilmember. Lubbock. Texas. Patsy Jo Hltllard, Mayor. East Point, Georgia. Patrlcla lockwood, Mayor, Fenton, Michigan. Jack Lynch, Chief Executive, Butte, Montana. Linda A. Morton, Mayor, Lakewood, Colorado' Joe Murdy, Assemblyman, Anchorage, Alaska' Jenny Oropeza, Council member. Long Beach, California. Mary C. Poss, Mayor Pro Tern. Dallas, Texas. Sedalia Sanders, Councilmember. EI Centro, California. Marjorie B. Schramm, Mayor, Kirkwood, Missouri. Eric B. Smith, Council President, Jacksonville, Florida. Harry Smith, Mayor, Greenwood, Mississippi . Oaniel M. Speer, Mayor, Pulaski, Tennessee' Connie Sprynczynatyk, Executive Director, North Dakota League of Cities. Louisa M. Strayhorn. Councilwoman, Virginia Beach, Virginia. Tommy Swaim, Mayor, Jacksonville, Arkansas. Jack L Valencia, Jr., Councilor. Las Cruces, New MexiCO Recycled Paper NLC Steering Committee Members August 6, 1998 Page Two How You Can Help Here's how you can help in this Futures Process. If there are any local programs that can be identified that address the issues raised here, please send us a brief description. For example, we would like descriptions oflocal programs that: . help connect citizens to citizens in effective organizations, . create places or processes or events that celebrate and help create community, . overcome barriers such as racism, economic exclusion, or powerlessness, . carry out programs that help residents help themselves, or . provide public services in ways to support community-building. These questions are illustrative, meant to start you thinking. You may know of other ways municipal government supports community. We would like to learn about any of those you are willing to share with us. How The Information WiD Be Used These descriptions you provide will be made available to other cities through the NLC Municipal Reference Service; some descriptions will be highlighted in the Nation's Cities Weekly. Several descriptions will be cited as examples in the 1998 Futures Report on "Building a Nation of Communities," which will be published and made available in December. Where To Submit Your Summaries Please submit program descriptions to William Barnes, Director, Center for Research and Program Development, National League of Cities, 1301 Pennsylvania Avenue, N.W., Washington, D.C. 20004 or bye-mail at barnes@nlc.org. Questions may be directed to \ViHia.-n Barnes or Dorothy Cheek at (202) 626-3030. Althoug..; descriptions received at any time will be useful, those received by September 10 will be given special attention as potential examples for inclusion in the 1998 Futures Report. Thank you for your attention to this request. We look forward to receiving your information. FLORIDA LEAGUE OF CITIES, INC. 1998 Legislative Session Final Report The Foundation For Legislative Success Florida League of Cities, Inc. · Post Office Box 1757 · Tallahassee, Florida 32302-1757 (850) 222-9684 . Suncom 278-5331 . FAX (850) 222-3806 WEBSITE: hrtp://fcn.state.fl.us/flc . r 1998 FLC Legislative Action Agenda The Florida League of Cities will support legislation that provides: ,/ Local Government Infrastructure Surtax ,/ Municipal Economic Development ,/ Municipal Authority Over EMS Certificates ,/ EAR Revisions and Funding for Local Comprehensive Plans ,/ Local Sources First ,/ Beach Renourishment ,/ Greenways ,/ Police and Fire Pension Home Rule ,/ Tracking of Sexual Predators ,/ Sunshine Law Clarification ,/ Telecommunications Zoning and Land Use ,/ Rights-of-Way Authority Local Government Infrastructure Surtax - authorizing the Local Government Infrastructure Surtax to be implemented by municipalities within their jurisdiction by referendum vote and allowing the proceeds of this tax to be used for bond indebtedness by vote of the governing body of the municipality. Municipal Economic Development - granting municipalities economic development powers to facilitate growth and the creation of business enterprises in their community. Municipal Authority Over EMS Certificates - removing all restrictions from municipalities receiving a Certificate of Public Convenience and Necessity (COpeN) for emergency medical services and transport. EAR Revisions and Funding for Local Comprehensive Plans. streamlining laws and agency rules over municipal comprehensive planning functions to reduce unnecessary requirements and provide flexibility for local government implementation. The League also supports legislation that provides a permanent state funding sourCt~ for local governments' processing of the state required comprehensive plan evaluation and appraisal rc- port (EARl, and newly incorporated municipal comprehensive plan preparation. Local Sources First - providing that the transfer of water should be the option oflast resort once all other environmentally sound, financially and technically feasible local options have been exhausted, such as water conservation: water reuse; water reclamation; intra-district alternative water supplies; reverse osmosis and de- salination. Any such transf(~r should occur with the concurrence of the impacted municipalities and counties, and pri- mary authority should be granted to municipalities and counties for determining which water supply alternatives would best facilitate their water supply development. Furthermore, if transferring water from one jurisdiction to another, fees charged shall be based on full cost analysis and recovery, including environmental mitigation. An optional reasonable surcharge may also be levied by the donor city to develop alternative water supplies, in addition to any existing surcharges currently autho- rized by statute. Beach Renourishment - providing a dedicated funding source for projects designed to enhance beach areas, bayous and eHtuaries, such as beach renourishment, vegetation projects, erosion control, inlet manage- ment, dune enhancement, environmental coastal education, relocation of seaside development, and marine habi- tat restoration. Greenways - providing for the use of Preservation 2000 funds to promote local green ways programs. Police and Fire Pension Home Rule - preserving municipal Home Rule and the collective bargaining process in determining which sections of Chapter 175 and 185, Florida Statutes, apply to local law plans. Tracking of Sexual Predators - improving the process of tracking, by government and private agencies, of ehild predators when released or transferred into the community. Sunshine Law Clarification - clarifying Section 286.011, Florida Statutes, and related case law, to ex- empt public advisory boards, commissions and committees (whose function is fact-finding and the exchange of information on pre-assigned areas of interest) from the Sunshine Law during these functions. The law should apply to these bodies when they meet to exercise an authority to recommend to a decision-making public body, or to the general public. Telecommunications Zoning and Land Use - ensuring municipal authority regarding local zoning and land use requirements for telecommunications infrastructure, including tower siting, co-location, modification, and removal. Rights-of-Way Authority - protecting municipal authority over municipal rights-of-way and ensuring that every company that uses the rights-of-way may be charged reasonable rent for that use. Florida League of Cities, Inc. 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://fcn.state.flus/flc Dear City Official: I am pleased to provide you with the Florida League of Cities' "1998 Legislative Session Final Report." With the 1998 regular session having come to a timely close, Florida's municipalities fared well. This year we have a cause to celebrate! We received a major victory when Governor Chiles vetoed the Police and Fire Pension Bill. Your support during this crucial time is indicative of what can be done when the League and its members work together in the fight for Home Rule. Please thank Governor Chiles for vetoing this costly legislation to Florida's municipalities and thank your legislators for their support of our issues, and for voting against legislation that could have been detrimental to your fiscal, governing and home rule powers. We want to thank "you" for your superlative lobbying efforts. This document summarizes key issues that the League tracked this session and a voting chart is included, so that you may see how your legislators voted on our key municipal issues. It is impor- tant to note that this is only a partial list of the more than 2,795 bills filed this session. Of this number, only 554 bills passed both chambers. It is critical that you continue to implement legis- lative advocacy year-round with your local legislative delegation. This communication is para- mount in preparing for the 1999 regular session. Please feel free to contact the League should you require further information on these or any other bills for which you have interests. In the fight for HOME RULE, ~~ Michael Sittig Executive Director .. FLC Board of Directors President Samuel,]. Ferreri. Mayor, Greenacres First Vice President David Rigsby, Mayor, DeLand Second Vice President Frank Satchel. Mayor. Mulberry At-Large Clarence Anthony, :r....layor. South Bay William Evers, Mayor, Bradpnton Il('lle Licbl.rman, Vice Chairman, Hroward County Alexander Penelas, Mayor, Miami-Dade County Eric Smith, Councill'resident, Jacksonville District Directors (1) AO. Campbell, ~1ay()r Pro Tern, DcFuniak Springs (1) Brenda Hendricks. Mayor. Parker (2) Glenel Bowden, Councilman, Lake City I:~ ) Haron "Bud" Asher, Mayor, Daytona Beach (,1) Donald Smith, Mayor, DeBary (4) William Copeland, Commissioner, Archer 14) Paula DeLaney, Mayor, Gainesvilll! (fj) Robert Breaux, Mayor, :\1aitland IS) ,John Land, Mayor, Apopka 16i Scott Black, Mayor Pro Tern, Dade City Ihl Sad}'e Gibbs Martin, Vice Mayor, Plant City 171 ,Jean Halvorsen, Commissioner, Largo 171 George ,Jirotka, Mayor, Belleair Shore 1 H 1 Rocky Handels, Mayor, Cape Canaveral {HI David H, Schechter, Mayor, Satellit.e Beach 191 Hobert. K Minsky, Mayor, POlt St. Lucie (10) Nora Patterson, Commissioner, Sarasota (111 Richard Bashaw, Councilmcmber. F1. Myers 1121 Steve Abrams, Deputy Mayor, Boca Raton (121 .JefTKoons, Commissioner, West Palm Beach 1121 Karon Shuda, Vice May'or, Palm Springs 112J Carmela Starace. Vice Mayor, Royal Palm Beach (1:1) Maureen Berk, Commissioner, Coral Springs 11:ll Alex Feket.e, Mayor, Pembroke Pines (I:J I ,John Fiore, Vice Mayor, Wilton Manors (1;}) Sam Goldsmith, Commissioner, Coconut Creek 11:-0 Thomas Basis, Commissioner, Lighthouse Point { ]:~) Robert A. Marks, Vice Mayor, Parkland 114) Roy Shiver, Vice Mayor, Florida City (14) ,John Kurzman, Councilman, North fvIiami Beach (14) Paul Vogel, Mayor, North Bay Village 10 Most Populous Cities E. Denise Lee, Council person, .Jacksonville .J. L. Plummer, ,Jr., Commissioner, Miami Dick Greco, Mayor, Tampa David Fischer. Mayor, St. Petersburg Haul Martinez, ."vlayor, Hialeah Carlton Moore, Commissioner, Fort Lauderdale Glenda Hood, Mayor, Orlando Scott Maddox, Mayor, Tallahassee Marn Giulianti, ;Vla,yor, Hollywood Rita .1. Garvey, .\layor, Clearwat.er Past Presidents Jim 2\raugle, Mayor, Fort Lauderdale Larry L. Schultz, Councilman, Rockledge FCCMA Frank Roberts, City Manager, New Smyrna Beach Michael Sittig, Executive Director Harry Morrison, Jr., General Counsel II' Table of Contents Major Bills that Passed ...................................4 Major Bills that Failed ..................................18 Lobbying Doesn't End with "Sine Die" .........23 Voting Chart ................................................... 24 Alphabetical Index ......................................... 28 Bill Number Index .........................................29 Florida League of Cities Legislative Team Kelvin J. Robinson Jenny Anderson Dee Carper Kraig Conn Carol Dixon Carol Marchner Chip Morrison David Ramba Tammy Revell Jan Roberts Robert Roundtree Drew Smith Allison Tribble 3 Major Bills That Passed Annexation *Indicates Legislative Priorities Land Use DevelopmentNoluntary Annexation CS/CS/SB 2474 (Community Affairs Committee and Lee I amends the process for adoption of com- prehensive plans or plan amendments and requires the state land planning agency to maintain a single file for plan amendments. The bill requires the state land planning agency to construe the nature of written public comments to be included in the agency review and requires the agency to review or identify all writt.en comments on proposed plan amendments. The bill also updates certain provi- sions regarding military base reuse plans and de- letes provisions relating to military base closures, realignments, or defense-related readjustment and diversification. The bill also directs the stat.e land planning agency and t.he Department. of Trans por- tation to review and evaluate certain provisions of law. Additionally. the bill allows an owner to peti- tion the municipality for voluntary annexation of real property in an unincorporated area that is contihruous to a municipality and is reasonably com- pact. Effect.ive May 24,1998. (Carper) Annexation of EnclaveslPineIlas County HB 3851lBradley) allows municipalities to annex specifie sized enclaves by ordinance without t.he requirement of a referendum. The bill provides the following prerequisites for annexation: the an- nexation must not create another enclave; the en- clave must be within the municipality's defined and exclusive land planning area; and the municipal- ity must be able to provide urban services to the annexed area. The bill only allows "Type A" en- claves to be annexed. This type of enclave is an unincorporated, improved or developed area that is surrounded on all sides by a single municipal- it.y. There are approximately 2:3 "Type A" enclaves in Pinellas County who may be impacted by this bill. Effective ,July I, 1998, and sunset.s in ,June of 2000. (Carper) City of Fort Myers/Lee County HB 3859 (Livingston) authorizes the Cit.y of Fort Myers and Lee County to enter into an interlocal agreement, subject. t.o referendum approval, for the municipal annexation of two unincorporated en- claves commonly known as "Dunbar" and "Belle Vue". The bill provides for t.he transfer of author- ity for municipal service duties and infrastructure, 4 subject to the interlocal agreement. The referen- dum is to be held by the city at any regular elec- tion following adoption ofthe interlocal agreement. If approved by the vot.ers the agreement becomes effective as provided in the agreement or not more than one year following the referendum. Effective upon becoming law. (Carper) City of Marco Island/Collier County HB 3963 (Saunders) extends the date of eligibil- ity, for the City of Mareo Island to receive state revenue sharing funds, from state fiscal year 1997- 1998 to 1998-1999. The City of Marco Island was incorporated by t.he 1997 Legislature. Effective upon becoming law. (Carper) City of Cedar Key/Levy County HB 4133 (Boyd) reereates and reenacts the ehar- tel' for the City of Cedar Key. The bill is a new charter for the cit.y. Although the bill is a simpli- fied charter, the provisions not reenacted in this bill, which are not inconsistent, are reenacted as ordinances. The bill also changes the employment st.atus of appointed city officials. The appointed officials serve at the will of the city commission rather than serving terms. The bill also eliminates the removal procedures of the chief of police and provides that the chief serves at the will of I. he city eommission. With t.he change in employment., the annual ap- pointment of officials at the organization meeting is eliminated. Effeet.ive upon becoming law. (Carper) Islamorada Incorporation Glitch Bill/Monroe County HB 4325 (Horan) extends the date that Jslamorada, Village of Islands may receive st.ate sbared revenues, through state fiscal year 1999- 2000. According to the Department of Revenue, without the waiver to subsection 218.2:3( 1), Florida Statutes, Islamorada is ineligjble to participate in the state shared revenue programs for the state fiscal year 1998-1999. Furthermore, Islamorada is authorized to utilize tbe millage levied by t.he Mon- roe County Mosquito Control District for purposes of meetlng the minimum amount of revenue shar- ing eligibility. The bill provides clarifieation ofleg- islative intent regarding the referendum required to effectuate the charter. Effective May 23, 1998. (Carper) Appropriations Newly Incorporated Cities/Comprehensive Plan Funding The 97-98 General Appropriations Act allocated $40,000 of non-recurring funds for the next two years to each of the municipalities of Deltona, Aventura, Wellington, Fort Myers Beach, and Pinecrest to develop their first comprehensive plan. The Legislature expanded the funding to consis- tently fund four newly incorporated municipali- ties for the next three years to adequately com- plete their comprehensive plan. These cities are Weston, Sunny Isle Beach, Marco Island, and lslamorada. The total appropriation is $739,863. Effective ,July 1, 1998. (Carper) Criminal Justice Court Costs/ Law Enforcement Funding CS/HB 3255 (Sind!er and others) reinstates the "second dollar" funding for municipal and county law enforcement training programs. Under Sec- tion 938.15, Florida Statutes, cities and counties may assess an additional $2 for criminal justice education programs and training, including basic recruit training. The bill reinstates a previously deleted requirement that the court impose this fine for non-criminal infractions, under Section 318.18, Florida Statutes. The bill also imposes an addi- tional county and circuit court cost on fines for criminal offenses to fund county "Crime Stoppers" prugrams. Effective .July 1, 1998. (Marchner) "Sexual Predators HB 3737 (Hill I revises the requirements of the Florida Sexual Predators Act to require the sher- iff or police chief to, within 48 hours of notifica- tion, subsequently notify each public ur private day care center and school, within a I-mile radius of the predatur's residence, of the presence of the predator in the community. Effective July 1, 1998. (Marchner) CS/SB 1992 (Criminal Justice Committee and Burt) also extensively revises the act to: allow the Department to provide information regarding a predator on the Internet: re-define the terms con- viction, permanent and temporary residence; clarify that the sheriff or chief in the area where the predator resides is required to notify; further define a sexual predator/offender; require the clerk of court to notice the Department of Law Enforce- ~ ment and send the fingerprints to the Department; require predators convicted in another state or under the supervision of the Department of Cor- rections to register; require notice if a predator is planning to reside in another state; change the requirement for petitioning for removal of the des- ignation from 10 years to 20 years with a clean record, for convictions after October 1, 1998; ex- pand immunity from civil liability for school per- sonnel acting to help the Department, expand the types of violations for which penalties for failure to register apply; and require the Department of Corrections and Law Enforcement to develop a system for verifying the addresses of sexual preda- tors. Effective May 21, 1998. (Marehner) Education Florida Maximum Class Size Study Act HB 367 lRayson) establishes phase-in goals to eventually reduce classroom size to no more than 20 students in grades kindergarten through third grade in the 2001-2002 school year. Class sizes in excess of twenty students satisfy the goal if there is at least one full-time employed teacher aide for every additional ten students. Beginning Janu- ary 1, 1999, the Department of Education must annually report to the Legislature school district expenditures and class size reduction as a result of this bill. The Department of Education is re- quired to perform a longitudinal study of the ben- efits and impacts on student achievement as a re- sult of the legislation and to report its findings to the Legislature. Effective July 1, 1998. (Carper) Charter Schools/Charter School Capital Out- lay Trust Fund CS/CS/SB 1996 (Grant) & CS/SB 1182 (Latvala) Emphasizes that charter schools arc public schools and includes district school boards to the list of those who are eligible to submit proposals to a dis- trict school board for converting public schools into charter schools. Charter schools are public schools that operate under a performance contract with a public sponsor. The bill doubles the number of newly created charter schools or existing public schools that may convert to charter schools. The initial term of a charter is 3, 4, or 5 years and de- letes language limiting initial charters to a maxi- mum of3 years. Charters are to be renewed every 5 "school" years with renewal contingent upon a program review ofthe school. Charter schools must be organized or operated by a non-profit organiza- tion and provides that employees of a conversion school must remain public employees for all pur- poses and remains optional. Transportation must be provided to promote equal access for students residing within reasonable distance of the charter school. SB 1182 was combined with this bill and 5 creates the Charter School Capital Outlay Trust Fund. Reference cost per student is $387 per el- ementary student attending a charter school, $443 per student in charter middle schools and $587 per student for a charter high school. The combined bill further requires for contracts between the char- ter school and its sponsor to contain a lien provi- sion to allow the sponsor to recover funds used to repair or remodel the school facility should the char- ter school terminate its operation. Effective May 24, 1998. (Carper) School Concurrency CS/CS/SB 2474 (Lee) implements the recommen- dations of the Governor's Public School Construc- tion Study Commission on planning and siting of public schools, as well as the extension of concurrency requirements. Incentives and disin- centives arc provided in the bill to promote coop- eration between school boards and local govern- ments on school facility siting. The bill includes requirements for an interlocal agreement needed as a prerequisite to adopting school concurrency. The bill clarifies that failure of a local government to include certain criteria in its future land use el- ement and to seek to locate schools near other pub- lic facilities does not subject the local government to penalty. Also, all local government school facili- ties plan elements, within the same county, must be consistent with each other. The bill changes the availability standard to require that public school facilities be in place no sooner than :3 years rather than within.3 years of issuance ofthe development order. The bill deletes a requirement that the school district receive written permission from the local government in order to locate a new school in a jurisdiction in which it failed to provide the required annual education facilities report. The bill further clarifies that school concurrency is not effective in a county until all municipalities in the county have adopted the applicable plan amendments and the interlocal agreement. Also, any changes to the adopted service area boundaries must be made by plan amendment, and exempts those amendments from frequency limitations. Effective May 22,1998, except as otherwise provided. (Carper) Educational Facilities /Rental or Leasing Space HB 3599 (Melvin) relaxes the statutory criteria to provide more opportunity for a district school board to rent or lease an existing building, which was originally used for some purpose other than educa- tion, and convert and use it as an educational fa- cility. The rental or lease can be funded through the school district operations budget or the school district tax for capital outlay. The bill exempts such agreements from the excise tax on documents for leases and rentals. The bill also allows any build- 6 ing which was constructed to meet state minimum building and life safety codes, to be considered as meeting the requirements for use and occupancy as an educational facility provided that the school board holds a public meeting and adopts a resolu- tion certifying that certain circumstances apply. Requires that specific circumstances apply relat- ing to growth, need, safety, cost, building codes, li- censed contractors, and inspections. Effective July 1, 1998. (Carper) Environmental Dry-cleaning Solvent Cleanup CS/SB 244 (Natural Resources Committee) amends several provisions regarding the dry-cleaning sol- vent contaminated site cleanup program. Late fees for registration renewals was added as well as lan- guage modifying the eligibility requirements for the program. The bill also clarifies third party liabil- ity insurance provisions for dry-cleaning facilities and certain conditions are provided for persons who conduct voluntary cleanup to receive immunity from liability. Language was also added to the bill that provides for a contaminated site rehabilita- tion tax credit against the intangible personal prop- erty tax. Effective July 1, 1998. (Tribble) *Local Sources First -- Water CS/SB 312 & 2298 (Brown-Waite, Laurent and oth- ers) directs Water Management Districts and the Department of Environmental Protection to con- sider certain factors before issuing a consumptive use permit that would involve a transfer of water across county boundaries. The factors they must consider are: 1) the proximity of the proposed wa- ter source to the area of use or application; 2) all impoundments, streams, groundwater sources, or watercourses that are geographically closer to the area of use or application than the proposed source, and that are technically and economically feasible for the proposed transport and use, including, but not limited to, desalination, conservation, reuse of non potable reclaimed water and stormwater, and aquifer storage and recovery; 3) all economically and technically feasible alternatives to the proposed source; 4) the potential environmental impacts that may result from the transport and use of water from the proposed source; 5) whether existing and rea- sonably anticipated sources of water and conser- vation efforts are adequate to supply water for ex- isting legal uses and reasonably anticipated future needs of the water supply planning region in which the proposed water source is located; 6) consulta- tions with local governments affected by the pro- posed transport and use; and 7) the value of the existing capital investment in water-related infra- structure made by the applicant. The bill also provides an exemption for the Central and Southern Florida Flood Control (C&SF) project; the West Coast Regional Water Supply Authority; water that is supplied exclu- sively for bottled water; reclaimed water that is used for electrical power production by an electric utility; and water use permit applications pend- ing as of April 1, 1998 with the Northwest Florida Water Management District. Effective October 1, 1998. (Tribble) Clean Air -- Accidental Release Prevention CS/SB 812 (Governmental Reform and Oversight Committee and Dyer) creates the FloridaAceiden- tal Release Prevention and Risk Management Planning Act. Under the federal Clean Air Act, by 1999 affected facilities must register and/or file risk management plans tRMPs) with the appropriate state or federal agency. States may choose to ac- cept federal delegation for the program with EPA approval. This bill directs the Department ofCom- munity Affairs to seek delegation from the U.S. Environmental Protection Agency to implement this program. The advantages to having this pro- gram delegated at the state level; is the enforce- ment penalties are not as great as the federal pro- gram; EPA will withhold funds from the air pro- gram at DEP if the program is federally designated; and there would be a greater emphasis by the state on educating industries in order to minimize non- compliance. Effective upon becoming law. (Tribble) CS/SB 814 (Natural Resources Committee and Dyer) provides exemptions from public records dis- closure requirements for information provided by a stationary source subject to the Accidental Re- lease Prevention Program. Effective upon CS/SB 812 becoming law. (Tribble) Brownfie1ds Redevelopment CS/SB 1202 (Latvala) corrects some of the "glitches" to the Brownfields Redevelopment Act which passed the Legislature in 1997. The bill also adds incentives to promote the development of these generally abandoned, idled, or under-used industrial and commercial properties where expan- sion or redevelopment is complicated by actual or perceived contamination. Language was included to allow closed military bases to be designated a brownfield; revises the liability protection for lo- cal and state governments under certain condi- tions; and creates the BrownfieldAreas Loan Guar- antee Council. The bill also provides that local gov- ernment comprehensive plan amendments directly related to the proposed redevelopment of desig- nated brownfield areas may be approved witbout regard to the statutory limits on the frequency of amendments to the local comprehensive plan. Cer- - I tain cities and counties may also apply for desig- nation of an enterprise zone if the zone encom- passes a brownfield pilot project. Effective July 1, 1998 (Tribble) Brownfield Revolving Loan Trust Fund CS/SB 1204 (Latvala) creates the Brownfield Prop- erty Ownership Clearance Assistance Revolving Loan Trust Fund to provide low interest loans for brownfield site rehabilitation. This program, which will be administered by the Office of Tour- ism, Trade, and Economic Development, was ap- propriated $5 million in the 1998-99 budget. Ef' fective July 1, 1998. (Tribble) Coastal ConstructionJRulemaking SB 1434 (Latvala) is a Rule Autborization Bill <RAE) that provides the Department of Environ- mental Protection the autbority for tbe adoption of rules witb respect to coastal construction and excavation, and the exemption of certain activities from permitting requirements. The bill also clari- fies tbe autbority to implement certain exemptions witbout tbe adoption of rules. Effective upon be- coming law. (Tribble) WaterlWastewater Facility -- RAB SB 1436 (Latvala) is a Rule Authorization Bill <RAB) that gives tbe Department of Environmen- tal Protection the rulemaking authority to set the criteria for categorizing water and wastewater treatment plants, and to establish the levels of cer- tification and staffing required to operate the vari- ous categories of facilities. Effective upon becom- ing law. (Tribble) Solid Waste Disposal HB 3125 (Smitb) clarifies that ordinary bousebold waste can be disposed of on a person's own prop- erty without a permit from tbe Department ofEn- vironmental Protection provided the activity docs not create a public nuisance or adversely affect the environment or public health. Materials that would be specifically prohibited include; wbite goods; automotive materials (batteries and tires); pesticides; or hazardous substances. Language was also amended to the bill to give DEP the au- tbority, witb the approval of the State Board of Ad- ministration, to use financial leveraging techniques for funds deposited in tbe sewage treatment facili- ties revolving loan program to make the loan pro- gram sclf'perpetuating. Effective July 1, 1998. (Tribble) *Beach Renourishment Funding CS/HB 3427 (Jones) provides a dedicated funding source for the state's beach management plan tbrough the Ecosystem Management and Resto- 7 ration Trust Fund. This legislation was in response to a bill filed in 1997 tbat directed the Department of Environmental Protection to make a concerted effort to find a dedicated funding source for the restoration of Florida's beaches. Funding will be allocated tbrough a portion of the documentary stamp tax revenues. For fiscal year 1998-99, $10 million was allocated to the trust fund; in 1999- 2000, $20 million will be allocated; and in 2000- 2001, $30 million will be allocated and each fiscal year tbereafter. Funding shall be made available for at least 15 years, providing a total of$420 mil- lion. Effective July 1, 1998. (Tribble) Hazardous Waste Facilities HB 3701 (Environmental Protection Committee and Fuller) restricts the authority ofDEP to issue permits for hazardous waste facilities that man- age hazardous waste offsite. Of the criteria DEP must consider, the site shall not be located within 1000 yards of the arteria] roads or any residence within 1,500 yards of any prison, school, nursing home, day care, stadium, place of assembled wor- ship, or any other site were individuals may as- semble. The bill originally applied only to Duval County, but was later amended to apply to the whole state. The bill does not apply to manufac- tures, power generators, or other industrial opera- tiom; that generate hazardous waste on-site or from other sites owned or acquired by the permittee. Effective upon becoming law. (Tribble) Regional Water Supply Authorities HB 4027 (Water and Resource Management Com- mittee and Littlefie]d) amends the statutory re- quirements needed to enact the West Coast Re- gional Water Supply Authority governance agree- ment. This bill only effects those cities and coun- ties in the Tampa Bay area who are participating in the interlocal agreement to make the West Coast Regional Water Supply Authority the primary wholesale water supplier in that area. Effective upon becoming law. (Tribble) Environmental Mitigation CS/HB 4071 (Transportation Committee and Betancourt) modifies the program that allows the Department of Transportation (DQ'l') a.kI the De- partment of Environmental Prntect\OR{DEP) to mitigate the impacts of DO'l\p~,,<;tllto wetlands and other habitats. The ltifillils8'~tlowed DEP and water management <li~ices: ni1MDs) to modify mitigation plans tbroughllUtthe year to accommo- date changes in-projecl schedules or minor projects and repealed too requirement that startup fund- ing for th~state'NPDES (Nationa] Pollutant Dis- charge Elimination System) Program be repaid to the Pollution Recovery Trust Fund. A mitigation fee is created of 5 cents per ton to be imposed on limerock and sand mining in the Dade County Lake 8 Belt. All fee proceeds must be used by the South Florida Water Management District to conduct mitigation activities. There was a controversial amendment that was added to the bill the last week of session that specifically authorizes the South Florida Water Management District to acquire lands by eminent domain for the Kissimmee River Project and the Co] 11 Project. It allows for the exercise of eminent domain pursuant to federal law so long as no right, privilege, or compensation that an individual or entity would otherwise have un- der state law is diminished. Effective upon becom- ing law. (Tribb]e) Central and Southern Florida Flood Control Project Restudy CS/CS/HB 4141 (Saunders) creates a section au- thorizing the South Florida Water Management District as a local sponsor for the Central and Southern Florida Flood Control Pn.ijellli Restudy. The bill further directs the .JointLeQ~lali."Ie Com- mittee on Everg]ades Oversigl;ll'<l, ~:ri~ponsible for monitoring all fundiQ-iyijM ~'j;J:l~nditures for projects or operational clJilm~1i Msulting from the Restudy. The Soutl1~l~da:::Water Management District must al'jp~ leg1slative authorization, which could 00: 'l: ,gen1!ral appropriation, prior to executing a.p':;'~t eooperation agreement for any project l)~ o,er~nal change resulting from the Restudy. c, U the Legis]ature does not approve, modify, or reject the project modifications, the South Florida Water Management District may proceed with the project cooperation agreement, provided the financial responsibility can be met without future appropriations from the Legisla- ture. Effective upon becoming law. (Tribble) Solid Waste Recycling Grants As was the case in 1997, the Legislature cut fund- ing ofthe Solid Waste Management Grants by $12 million in the 1998 appropriations bill HB 4201. Full funding of this program in 1996 was $35 mil- lion and the last two years funding was reduced to $23 million. Again, funds were transferred into the Surface Water Improvement and Management (SWIM) program and the aquatic weed control pro- gram. There is a provision in HB 4205, the appro- priations implementing bill, that allows counties that receive fund for aquatic weed control to use these funds for recycling purposes. This transfer of funds only applies to the ]998-99 fiscal year. Also included in the budget is a provision that allows funds from the Solid Waste Management Trust Fund to be made available to a municipality cho- sen by DEP for a pilot program to process munici- pal waste via Destructive Distillation, a non-burn- ing technique that converts raw garbage into sale- able methane gas and inorganic char. Eflective July I, 1998. (Tribb]e) Finance and Taxation Single Audit Act SB 400 !Burt! creates the Florida Single Audit Act. The act provides duties of the Executive Office of the Governor, the Comptroller, and state agencies that award state funds to non-state agencies to carry out state projects. Conditions arc pruvided on non-state agencies that receive state funds. Recipients and sub-recipients of state funds are required to obtain audits under prescribed stan- dards. Effective ,July 1, 1998. (Conn) Tax Administration/Certified Audits CS/SB 498 (Ways and Means Committee, Sullivan, and others) authorizes the Department of Revenue to initiate a certified audits project under which taxpayers may hire qualified practitioners to re- view and report on their tax compliance. The hill provides requirements for participation by quali- fied practitioners and taxpayers, requirements for the conduct of certified audits, and for the status of audit reports. The bill authorizes settlements or compromises of penalties and abatement of in. terest for taxpayers who participate in the project. Effective ,July 1, 1998. (Conn I Bad Check Charges CS/HB 767 (Crime and Punishment and Hill) authorizes municipalities to adopt service fees for dishonored checks that do not exceed fees provided fi)r under Section 832.08( 51, Florida Statutes. This change gives municipalities the same authority to impose st'yvice fees for dishonored checks as coun- ties and state agencies currently have. Effective October 1, 1998. (Conn I Financial Matters CSIHB 823 (Finance and Taxation Committee and Gay) amends several statutes regarding state and local government financial matters. Section 18.10, Florida Statutes, is amended to permit the state to invest in state and local government obligations. Section 166.261, Florida Statutes, and other statu- tory sections arc amended to state that local gov- ernment funds may be deposited in specified quali- fied public depositories. The bill also makes nu- merous changes to regulations and standards of public depositories. Effective July 1, 1998. (Conn) Homestead Tax ExemptionJSocial'Security Numbers . SB 830 (Cowin) deletes requirements for social se- curity numbers to beinc1uded on applications for homestead exemptions. Effective July 1, 1998. (Conn) .. Local Option Tourist Development Tax SB 884 (Clary) amends portions of the local op- tion tourist development tax which authorizes the imposition of an additional tax to pay the deht ser- vice on bonds issued to finance construction or reno- vation of a professional sports franchise facility or convention center. The bill removes a condition on use of tax revenues for convention centers and authorizes use of the tax revenues for operation and maintenance of a convention center for a speciM fied period of time. Effective upon becoming law. (Conn) Ad Valorem Taxation Exemptions/Continuing Care Apartments CS/CSIHB 1093 (Finance and Taxation, Elder Af- fairs and Long-Term Care Committees, and Crist) provides an ad valorem tax exemption of $25,000 for each apartment in certain continuing care fa- cilities occupied by a person who makes the apart- ment his or her permanent home and who is not eligible for homestead exemption. The bill speci- fies that any tax savings must go to the benefit of each individual apartment resident. Effective January 1, 1999. (Conn) Investmeut of Public Funds CS/SB 1332 (Governmental Reform and Oversight Committee and Latvala) prescribes rulemaking authority of the Division of Bond Finance and the State Board of Administration. The bill modifies local government investment authority when mak- ing deposits with the State Board of Administra- tion. The bill also authorizes the State Board of Administration to impose transaction fees. set rates of return, and establish a maximum number of accounts each participant is allowed to estab- lish. Effective upon becoming law. (Conn) Ad Valorem Taxation/Administrative CS/SB 1686 (Ways and Means Committee and Ostalkiewicz) makes numerous technical and ad- ministrative changes to Chapter 197, Florida Stat- utes, relating to ad valorem taxation. The bill pro- vides for discounts for early tax payments, provides for automatic refunds of overpayments of tax greater than $5, redefines the term "household" to exclude boarders and renters and provides a for- mula for estimating household income. The bill also provides for the collection of penalties, inter- ests, and costs for delinquent taxes and provides for tax notices for lienholders, trustees, and vend- ees. Effective July 1, 1998. (Conn) 9 Contested Property Taxes CS/SB 1748 (Ways and Means C\ll:Ximittee and Thomas) provides a process for sl!!eCillldi~ributions from the Local Government fla,)j'-~t Sales Tax Clearing Trust Fund whencer:t4m'property taxes are contested. The hill Slltseertain thresholds which must be me,bel'(\'rOl ~ city or county could obtain a distriQutlon frorri the half-cent sales tax proceeds. Hthe munieipality or county has received a distribution ahd receives any tax revenues as a result of the resolution of the dispute, the munici- pality or county must refund the distributed amount. Effective upon becoming law. (Conn) Ad Valorem Taxation SB 2222 (McKay) makes numerous changes to ad valorem taxation and other finance related stat- ues. The bill specifies the time within which prop- erty appraisers may correct a material mistake of fact in an appraisal and allows the property ap- praiser to directly submit a correction and refund order to the tax collector. The bill also authorizes county tax collectors to implement an installment payment program for delinquent personal property taxes and establishes conditions regarding such programs. The bill provides for the notice of pro- posed property taxes to include a notice of proposed non-ad valorem assessments, if requested by the local governing body levying the non-ad valorem asseHSments and agreed to by the property ap- praiser. The bill also amends Section 170.201, Florida Statutes, by allowing municipalities to ex- empt certain government financed or insured hous- ing facilities from special assessments for emer- gency medical services. Effective October 1, 1998. (Conn) 'Community Contribution Tax Credit/ Economic Development HB 3113 (Fuller) increases the annual limitation on the total amount of community contribution tax credits that may be granted against the corporate income tax and insurance premium taxes from $2 million to $5 million through the Community Con- tribution Tax Credit Program. The incentive is de- signed to encourage corporate giving to non-profits located in enterprise zones that participate in pub- lic revitalization projects. The program works by allowing a corporation to apply to the state, on a first-come first-serve basis, for a tax credit of 50 percent of the value of their gift. Effective July 1, 1998. !Ramba) Homestead Tax Exemption/Proposed Constitutional Amendment HJR 3151 (Villalobos and others) proposes a con- stitutional amendment to permit an additional homestead tax exemption to persons 65 and older. If the amendment passes, the Legislature would 10 be authorized by general law to allow counties or municipalities to grant the additional homestead tax exemption by ordinance. The additional ex- emption could not exceed twenty-five thousand dollars and the personis income could not exceed twenty thousand dollars. The proposed constitu- tional amendment will be on the November, 1998 ballot and if passed would require further action by the Legislature in 1999. (Conn) Determination of Millage HB 3477 (Bronson) authorizes taxing authorities to adopt the tax levies and budgets of their depen- dent special taxing districts by single vote, unless a member of the public requests a separate dis- cussion and vote for the tax levy or budget of any specific district. Effective upon becoming law. (Conn) Investment of Public Funds/State Board of Administration CS/HB 3661 (Governmental Operations Commit- tee, Garcia, and others) makes numerous changes to the authority of the State Board of Administra- tion to invest public funds. The bill authorizes the State Board of Administration to invest funds of units oflocal government pursuant to the terms of a trust agreement provided by the local govern- mental entity. The bill also revises provisions re- lating to local government resolutions required for deposit of surplus funds in the Local Government Surplus Funds Trust Fund. Effective upon becom- ing law. (Conn) Ad Valorem Taxation/Partial Abatement HB 4261 (Bronson) provides for the partial abate- ment of ad valorem taxes on certain properties de- stroyed or damaged by a tornado. The bill estab- lishes a very limited process whereby property owners may apply to the property appraiser for an abatement of taxes for property damaged during recent tornadoes. The authority for this section expires July 1, 1999. Effective January 1, 1998, and applies to ad valorem taxes levied in 1998. (Conn) Occupational License Taxes HB 4439 (Business Regulation and Consumer Af- fairs Committee and Ogles) is a lengthy bill re- garding the regulation of contractors. The bill amends Section 205.0535, Florida Statutes, regard- ing occupational license taxes. Current law states that a person providing local exchange telephone service or pay telephone service that pays an occu- pationallicense tax is deemed to have but one place of business or business location in each munici- pality or county where such services are provided. HB 4439 states that pay telephone service provid- ers may not be assessed an occupational license tax on a per-instrument basis. Effective October 1,1998. (Conn) General Government Minority Business Enterprises CS/HB 319 (Andrews) makes those minority- owned businesses, which are transferred from a non-minority to a minority within a related imme- diate family group, ineligible for Minority Business Enterprise (MBE) certification, if the combined net asset value of all members of that family group exceeds $1 million. The bill amends the definition of "small business" from one with an annual net worth of$3 million to $1 million. Additionallv, the bill requires all political sub-divisions of the 'state to certify minority business enterprises in accor- dance with the procedures established in Section 287.0943(1), Florida Statutes. Local governments may have to expend funds to bring certification procedures into compliance. These expenditures are believed to be insignificant, thereby exempting the bill from the provisions of Article VII, Section 18 of the State Constitution. Municipalities that have interlocal agreements for minority business certification with the state may have to collect additional data relating to asset value of family members which may result in ex. penditures. The cost is indeterminate. Effective October 1,1998. (Carper) MunicipalitieslBusiness Enterprises SB 712 (Bronson) grants municipalities the same authority to expend public funds to attract and retain business enterprises as counties and speci- fies that such use of public funds constitutes a public purpose. The bill further defines economic development activities as including, but not lim- ited to the following: developing or improving lo- cal infrastructure; issuing of bonds to finance or refinance the cost of capital projects for industrial or manufacturing plants; leasing or conveying real property and awarding grants to private enter- prises for the expansion of businesses to the com- munity. Effcctive April 30, 1998. (Carper) Small Counties CS/CSIHB 1589 (Westbrook) changes the statu- tory definition of a "small county" from a county with a population of 50,000 or less to 75,000 or less. Presently there are twenty-eight counties in Florida within populations of50,000 or less. Three additional counties Putnam, Columbia and Nassau counties are included under the new population range. The bill provides small counties with stan- dards for environmental permitting, pollution con- trol and solid waste disposal programs, expeditious . permitting procedures and grants for certain envi- ronmental programs. The bill amends the stan- dards for incorporation of municipalities. Among them is the requirement that in counties with popu- latIOns ofless than 50,000, the area desiring incor- poration must have at least 1,500 persons. The bill amends the required and optional elements of local comprehensive plans for local governments and provides small counties with a least a twenty hour per week emergency management coordina- tor. The bill further provides for programs to en- courage economic development and job growth. Eft'ective July 1, 1998. (Carper) Special Districts CBIHB 3269 (Gay) specifies that the merger or dis- solution of an independent special district created by a city or county must be done pursuant to the same procedure( s) for their creation. If taxing pow- ers are involved, merger or dissolution must he done by the same procedure as the taxing power was granted. Filing fees or petitions are required for candidates for special district boards. The dead- line for the district to submit a draft of the codified charter is extended from 2001 to 2004 and the Legislature may adopt a schedule for i~dividual district codification. Lastly, the statutory prohibi- tion against extra compensation does not apply to compensation given to special district employees by resolution. Effective May 30,1998. (Marchner) Landscape Designers HB 3523 (Fuller) establishes a registration pro- gram for landscape designers. The registration program is to be administered by the Department of Agriculture and Consumer Services. The prac- tical effect of the bill is that persons who are quali- fied to practice landscape design will be allowed to dell their planting designs. Presently, anyone who sells planting designs, who is not a landscape ar- chitect, is committing unlicensed landscape archi- tecture, which is a first-degree misdemeanor. A landscape designer, as defined in the bill, is a person who practices landscape design, and land- scape design is defined as the "planning, design, or construction of exterior spaces, using plant ma- terials and incidental paving and building materi. als," and includes consultation. The bill establishes five alternative paths to qualify for registration, requiring education, expe- nence or a combination of the two. This regula- tion is added to existing regnlation regarding nurs- enes, plant dealers, and plant brokers. Effective October 1, 1998. (Carper) Computer ProblemsNear 2000 CSIHB 3619 (Culp) recognizes potential computer problems that may occur in state agencies due to the date change to the year 2000 and authorizes 11 the Governor and the Administration Commission to reassign resources in the event of a likely com- puter failure. Additionally, the bill authorizes the intergovernmental transfer and interchange of public employees with other state agencies. The bill protects the state and local governments from civil and administrative legal actions resulting from year 2000 computer problems. The emer- gency powers granted to the Governor relating to the year 2000 computer failure, repeal on July 1, 2003. Effective May 30, 1998. (Carper) Growth Management Coastal Redevelopment CS/SB 1458 (Latvala) establishes a pilot program to assist in the revitalization and redevelopment of coastal resorts and tourist areas which are de- teriorating and economically underutilized due to building density patterns, inadequate transporta- tIon and parking facilities, faulty lot layout, or in- adequate street layout. The Department of Envi- ronmental Protection is directed to administer the pilot project to facilitate and demonstrate tech- niques for redevelopment of sueh coastal areas. The pilot project is to be administered in the coastal areas of Florida's Atlantic Coast between the St. Johns River entrance and Ponce de Leon Inlet. Redevelopment of this area would vastly improve the economic and social conditions of the commu- nity. Qualifications for the pilot program are as follows: a portion of the area must be in the coastal building zone, as defined in Section 161.54, Florida Statutes, and must be designated a community redevelopment area, enterprise zone, brownfield ar~a, empowerment zone, or other economically de- pnved area by the county or municipality having Junsdlctwn over the area. The bill is effective upon becoming law. (Carper) Land and Water Adjudicatory Commission CS/SB 1702 (Dyer) provides rulemaking author- ity to the Department of Community Affairs and the Florida Land & Water Adjudicatory Commis- sion, by modifing existing provisions of law relat- ing to the following: clarifies that when a munici- palit.y reviews another local government's compre- henSIve plan, or amendments thereto, that review will be limited to the relationship and effect on the reviewing municipality's plan; authorizes DCA to establish a schedule for receipt of comments from reviewing agencies regarding a local government plan or amendment and does not effect the 30-dav timeframe in which DCA must review those co~- ments. . The bill modifies the Evaluation and Ap- prmsal Report process to include the following re- quirements: three (3) copies of the EAR must be 12 transmitted to DCA along with the plan amend- ments to implement the EAR; guidelines will be provided to local governments which choose to re- quest comments from DCA during sufficiency re- vIew of the EAR. DCA is authorized to provide such comments when requested by a local government and clarifies that delegation of the EAR sufficienc; review is not available to local governments located within an Area of Critical State Concern, and au- thorizes DCA to adopt rules for delegation of this EAR review. The bill further clarifies the adoption and re- view of local government land development regu- latIOns and was amended to clarify that all mu- nicipalities are required to adopt land development regulations. Obsolete language was deleted which distinguished eoastal municipalities from other municipalities. Effective May 22, 1998. (Carper) *Evaluation and Appraisal Report Revision CS/CS/SB 2474 (Community Affairs Committee and Lee) significantly amends Section 163.3196, Florida Statutes, and provides that local govern- ments may amend comprehensive plans after adopting an EAR, regardless of its sufficiency, for a penod of one year. The section prohibits amend- ments after one year, until the EAR is found to be sufficient. A local government may also adopt amendments without the above limitation when the EAR has been determined to sufficiently ad- dress all pertinent provision requirements. Any improperly adopted plan amendments may be re- adopted and transmitted after EAR is found suffi- cient. Additionally, the bill amends Section 163.3191, Florida Statutes, revising the require- ments and content for evaluation and appraisal reports. Some of these revisions require an EAR once every seven years. The report must address population growth, extent of vacant land, finan- cial feasibility of the plan, and infrastructure needs. The plan must also include location of development, assessment of plan objectives related to major is- sues, statutory and administrative law changes, successes and shortcomings of each plan element and a public participation process. The local plan- ning agency is to prepare the EAR and make rec- ommendations to the governing board after at least one public hearing. Two months prior to the adop- tIon date, the local government may submit a pro- posed EAR for review and comment. Local governments with an EAR due before October 1, 1998, will be evaluated under the exist- ing statutory and rule requirements. Local gov- ernments with EAR adoption between September 30, 1998, and February 2, 1999, are granted the option of deciding which process will be used for the review ofthe EAR. Effective May 22, 1998, ex- cept as otherwise provided. (Carper) Land Platting CSIHB 3223 (Dockery) revises existing definitions and adds new definitions relating to land bound- ary regulation and land platting of subdivided lands. The bill requires that platting oflands must be performed by professional surveyors and map- pers, either employed by or under contract with the local governing body. The bill sets minimum standards for platting throughout the state. Dif- ferent types of monuments are identified and mini. mum size requirements for the monuments are specified in law. All lot corners of the plat must be monumented prior to the recording or prior to re- lease of the improvement bond in cases where the plat is recorded and the planned improvements are bonded. The bill also requires that all plats be re- viewed for conformity to Chapter 177, Florida Stat- utes, and evidence of the review must be placed on the plat. The cost of the review will be the finan- cial responsibility of the legal entity offering the plat for recording. Effective July 1, 1998. (Carper) Personnel Veterans' Preference SB 142 (Brown-Waite) allows the Department of Veterans' Affairs to adopt new rules on veterans preference for public employers, and allows the recovery of attorney fees, up to $10,000, by the veteran for violations of the preference law. If a "numerically based selection process" is not used, first preference in appointment, employment and retention must be given to the disabled veteran or spouse of the disabled veteran. Second preference must be given to the veteran who is not disabled. The terms "first and second preference" are not de- fined in the bill. If a person has worked for a pub- lic employer in another state, they now can use the Florida preference as long as they have not worked in Florida for a public employer. The bill allows for telephonic testimony in veteran cases. Military retirement on the basis of longevity no longer disqualifies a person from claiming the pref- erence. Effective April 29, 1998. (Marchner) Bond Requirements SB 222 (BurtJ authorizes state attorneys to require bonds for investigators; eliminates the bond re- quirements for several public officers and employ- ees at the state and local level; and allows state agencies and county commissions to set their own bond requirements for these positions. It also eliminates the requirement for the Department of State to approve the bond in many cases, and for filing of bonds with the clerk of the circuit court. State. county or district public officials no longer have to file a surety bond as a pre-qualification to holding ollice. Effective July 1, 1998. (Marchner) -" Paramedics or Emergency Medical Techni- ciansIHealth Screening CS/SB 290 (Klein) allows paramedics and emer- gency medical technicians to provide health pro- motion, wellness and blood pressure screening ac- tivities within specific liability provisions appli- cable to medical directors. Effective May 21,1998. (Marchner) Emergency Medical Care Providers SB 540 (Lee) adds hospital emergency department employees and volunteers to the definition of emer- gency medical care provider for the purposes of assault on these employees, under Section 784.07, Florida Statutes. Effective October 1, 1998. (Marchner) Firefighter and Forestry Training SB 770 (Diaz-Balart) creates a special certificate for administrative and command heads in firefighting positions and provides guidelines for certain re-examinations. Effective July 1, 1998. (Marchner) WAGES CS/SB 1114 (McKay, Ways and Means) is a com- prehensive Work and Gain Economic Self -Suffi- ciency (WAGES) bill that revises several program provisions. Included is an extension of the enter- prise zone sales tax credit to Job Training Part- nership Act or WAGES program participants not residing in an enterprise zone. Additionally, the enterprise zone corporate tax credit is also avail- able to program participants not residing in an enterprise zone. Effective June 30, 1998. (Marchner) Occupational Safety and Health (OSHA) CS/SB 1346 fDiaz-Balart) allows the state Divi- sion of Safety, Department of Labor and Employ- ment Security, to adopt rules for conducting inves- tigations of public-sector employers under Chap- ter 442, Florida Statutes, (occupational safety and health); to prescribe record-keeping responsibili- ties, logs and summaries of occupational injuries, diseases and illnesses; and to prescribe retention schedules. In addition, the divisionis authority to adopt OSHA rules for the use of Personal Alert Safety System breathing apparatus devices, for volunteer and other fire departments, is clarified. Effective May 22, 1998. (Marchner) Workers' Compensation Insurance Fraud CS/CS/SB 1406 (Clary) is a comprehensive pack- age to fight workers' compensation insurance fraud. Of particular interest to municipalities is an amendment to require sole proprietors, partners, or officers of a corporation engaged in the construc- 13 tion industry wishing to file a notice of election to be exempt from Chapter 440, Florida Statutes, to provide the Division of Workers' Compensation a copy of the relevant occupational license in the primary jurisdiction of the business prior to receiv- ing their exemption. In addition, a contractor must present a copy of their certificate of coverage is- sued by their carrier, a valid exemption certificate approved by the division, or a copy of the employer's ability to self-insure each time the employer ap- plies for a building permit. Effective January 1, 1999. !Rambal Florida Retirement System (FRS) CS/SB 1684 (Governmental Reform and Over- sight! is a "rule authorization bill" which makes many changes to the FRS. The bill most notedly requires the Division of Retirement to audit the payroll and personnel records of a city to deter- mine the accuracy of reports and compliance with Jaw. The bill also includes: definition revisions similar to those in HB 3491, a requirement that a city or district that wants to join the FRS must submit a financial report on the current retirement plan; a requirement to notify the Division of Re- tirement 60 days prior to a merger or consolida- tion of services; a limitation on a member's rights following conviction for causing a shortage in a public account; the creation of an optional annuity trust fund under the Senior Manage- ment Optional Annuity program, allowing the Division to contract for services; revises sev- eral requirements for the purchase of past service; and revises disability, DROP, death, beneficiary and military service provisions. Effective July 1, 1998. iMarchnerl CS/CS/HB 3131 (Governmental Operations, Feeney) revises criteria, limitations, and restric- tions for eligibility, participation and benefits pay- able under the Deferred Retirement Option Pro- gram; provides conditions for payment of annual leave: relates to provisions for purchase of retire- ment credit for in state service in accredited nonpublic schools and colleges. Effective July 1, 1998. (Marchnerl CS/CS/HB 3491 (Governmental Operations, Boyd) reflects the exceptional returns in the market ex- perienced by the system. As a result, the unfunded liahility significantly decreased and the "windfall" was used to modify some benefits in favor of the retirees. The bill: increases the retiree health in- surance subsidy payment and contribution rate to .94 percent of payroll; revises definitions such as compensation, normal retirement date, bonuses, accumulated annual/sick leave, independent con- tractor, temporary position and allows the city to add 1 non-elective fnll time position to the Senior 14 I Management Class for every 100 employees (in- stead of 200! and the cap is one percent of estab- lished positions (instead of .5 percent). The rate for regular class members will be 15.51 percent, for senior management class members, 23.10 per- cent, and for special risk members, 24.38% as of July 1, 1998 not including the .94 subsidy payment. The purchase of past service is enhanced in sev- eral areas. The Division of Retirement and State Board of Administration are required to deliver a report by March 1, 1999 to the Legislature on the actuarial rate assump- tions and contribution rate structure of the FRS. Effective upon becoming a law. (Marchner! Assault and Battery/Code Inspectors CS/HB 1727 (Crime and Punishment Committee and Livingston) provides enhanced penalties for assault or aggravated assault or battery or aggra- vated battery upon a code inspector. It also pro- vides for ranking the offenses of aggravated as- sault upon a code inspector, battery upon a code inspector, and aggravated battery upon a code in- spector. Effective October 1, 1998. (Marchner) Poison Control Center/911 CS/HB 1739 (Health Care Standards and Regu- latory Reform Committee and Saunders) requires each basic, advanced and air ambulance life sup- port service entity to develop and implement a pre- hospital emergency dispatch protocol with the ap- propriate regional poison control center; and pro- vides that the regional poison eontrol centers shall assume responsibility and liability for calls trans- ferred in accordance with the protocol. Effective July 1, 1999. (Marchner) Workers' Compensation/Drug Free Workplace SB 1972 (Lee) revises the standard for rebutting a presumption that an employee's injury was caused by intoxication or influence of drugs. It provides that if the employer has implemented a drug-free workplaee, the presumption may be re- butted only by evidence that there is no reason- able hypothesis that the intoxication or drug in- fluence contributed to the injury. This revision is in response to the Florida Supreme Court opinion in RecchiAmerica v. Hall, 692 So.2d 152 (Fla. 1997) which reviewed the standard for rebutting a pre- sumption as it related to a drug-free workplace. The court struck down the current statutory pro- vision stating that it created an irrebuttable pre- sumption which constituted a violation of an employee's due process. Effective July 1, 1998, and shall apply to any cause of action or petition for benefits filed on or after that date, regardless of the date of injury. !Ramba) 'Police and Fire Pensions CS/CS/CSIHB 3075 (Pruitt and oth toed hy the Governor due to "sign' the bill. This was the bill esti~. * t an ad- ditional $50 million in taxpa~_c\fill to be paid for police and fire pensi<l$'blP\I"'f'or employees of cities and fire spe~ial,!sfirlt~. These pension benefits are curreQtl.:t; se~latively high levels, and are determ,inea llllially. Cities opposed the bill hased on thdlg_ ru~e philosophy that Chapter 175 and W~ ~ns, which were the subject of the billt~e:.best managed through the city gov- ernment tlmt is constitutionally bound to soundly fund the plans. This bill would have been effec- tive October 1, 1998, except as otherwise provided. (Marchner) SB 1462 (Gutman) revises investment provisions under Chapters 175/185 to permit municipalities and boards oftrustees greater investment latitude to make foreign investments and provides for gen- eral powers and duties of boards of trustees. Ef- fective October 1, 1998. (Marchner) Law Enforcement and Corrections Officers CSIHB 3161 (Mackenzie) allows an officer to re- view recordings made during a formal interroga- tion and review their personnel files, attach a re- sponse, and receive a copy of certain materials in the file. The bill provides for application for re- lease of certain information and permits law en- forcement officers who are elected or appointed public officials to maintain certification in a spe- cial status while holding office. Effective May 27, 1998. (Marchner) Wastewater Treatment Systems HB 4475 (Alexander and Harrington) authorizes the Department of Health to establish certain con- tinuing education requirements for wastewater operators by rule. The bill also revises guidelines and procedures for granting variances for onsite sewage treatment and disposal systems; revises membership of the department's variance review and advisory committee; and authorizes certain plumbers to qualify as master septic tank contrac- tors. Effective upon becoming law. (Marchner) Public Records Employee Assistance Program SB 112 (Latvala) revises provisions which make communications relating to state, county or mu- nicipal employee's participation in an employee as- sistance program confidential, and provide a pub- lic records exemption for records relating thereto. An employee assistance program is defined as a program provided by a state, county, or munici- - pality to assist any employee of their state, county or municipality who has a behavioral or medical disorder, substance abuse problem, or emotional difficulty which affects the employee's job perfor- mance. Effective upon becoming law. (Smith) Minors/Statements SB 348 (Cowin) provides a public records exemp- tion for identity information in a videotaped state- ment of a minor who is, or is alleged to be, a victim of sexual battery, lewd acts, or other sexual mis- conduct. The bill also provides penalties for disclo- sure of exempted information. Exempted informa- tion includes, but is not limited to, that which re- veals the minor's face, home, school, church, em- ployment, or personal assets, when such informa- tion identifies the minor as a victim. Effect April 11, 1998. (Smith) Workers' Compensation Law SB 1408 (Clary) makes all investigatory records of the Division of Workers' Compensation in work- ers' compensation compliance cases confidential and exempt from the public records law, until the investigation is completed or ceases to be active. Even if the case is closed, there are several cir- cumstances under which the information may still be held confidential, i.e., when trade secrets or other information would be revealed or unwar- ranted damage done. Effective January 1, 1999. (Marchner) Managed Care/Subscriber Grievances CSIHB 1437 (Saunders) provides exemptions from public records requirements for certain personal information in documents, reports, or records pre- pared or reviewed by the provider and subscriber assistance panel or obtained by the Agency for Health Care Administration. The bill provides an exemption for portions of meetings of such panels when the subscriber whose grievance will be dis- cussed requests a closed meeting and it provides an exemption for portions of meetings of such pan- els when trade secrets or internal risk manage- ment program information is discussed. Effective upon becoming law. (Smith) Housing Assistance Programs CSIHB 1613 (Dawson-White) makes medical his- tory records, bank account numbers, credit card numbers, telephone numbers, and information re- lated to health or property insurance, furnished by an individual to any agency pursuant to fed- eral, state, or local housing assistance programs confidential and exempt from the public access provisions to the public records law. Governmen- tal agencies are entitled to access of these records for the purposes of auditing housing assistance programs. Such records may also be used by an 15 a?ency, as ~eeded, in any administrative or judi- cIal proceedmg. Effective July 1, 1998. (Smith) Urban Administration Civil Justice Reform CS/SB 874 (McKay) was the civil justice reform package passed by both the House ~d the Sen- ate, and vetoed by the Governor: ~thll:liebate fo- cused on the unfairness ofth~.~I'e~.!-4t,sYstem, and the mefficlency of that systll,,+ip,compensating deserving victims. The 'p!l.~iI~'included provi- SlOns relatmg to product", liailility, punitive dam- age limitations, ne~ligen~'Sfandards on real prop- erty. joint andeeverat liability, and provisions for expedited ~rlal$: Some of these provisions would have offered protections to local government for overpaylnljnt on damages awards, and left the party responsible for the injury to pay that por- tion ofthe award for which they were found liable. lRamba) Statewide Building Code CS/CS/HB 4181 (Constantine) authorizes the adoption and subsequent update of a statewide minimum building code to be called the Florida Building Code. The code will govern the design and construction of Florida's public and private built environment, with the exception of fire pre- vention, life safety and accessibility. The Florida Building Code will be selected from available na- tional or international model building codes or other codes and standards currently used in Florida and will take into account Florida's unique varia- tions such as wind, soil, occupancies, etc. The Florida Building Code will be updated every three years by a reconstituted Board of Building Codes and Standards (known as the Florida Building Commission l, which includes an additional munici- pal representative. Local governments may amend the code every six months to address a unique lo- cal condition and to adopt more stringent provi- sions to the code. Beginning in 2001, local govern- ments will be given expanded responsibility for permitting, plans review and inspection of facili- ties that are currently reviewed by state agencies. The Florida Fire Prevention Code will be enforced by local fire officials, with the exception of state- owned buildings, which will be enforced by the State Fire Marshal. The bill creates a licensee accountability sys- tem, the goal of which is to link licensure with code enforcement. The bill introduces two new major disciplinary schemes in addition to the current means of discipline (i.e. red tags and suspension of ability to pull permits hy local governments and license suspension by the state for knowing viola- 16 I tions of the code) over state and locally licenses contractors and state licensed design profession- als. The first is mandatory resubmittal fees and reinspection fees if a code violation is not corrected and second, liability of state and locally licensed contractors and licensed design professionals for material code violations through fines and disci- plinary actions against licenses. By November 1, 1999, the Department of Business and Professional Regulation will imple- ment an Automated Information System, which wlll contain information relative to all state and locally licensed contractors, and state registered design professionals. The purpose ofthe system is to provide instant information and notification to local building departments and the public regard- ing the status of a licensee's license. The key to the system is minimizing and eliminating the abil- ity oflocal and state license holders to commit code and other professional standard violations from jurisdiction to jurisdiction by linking local govern- ments, the DBPR, the various licensing authori- ties, and the Florida Building Commission. The proposed Florida Building Code will come to the legislature in 2000 for approval and will be imple- mented in 2001 along with the increased account- ability processes set forth in the bill. Effective July 1, 1998. IRamba) Disabled Parking CS/SB 1498 (Forman) clarifies that disabled park- ing access aisles are reserved for the exclusive use of persons who have disabled parking permits and who require extra space to deploy a mobility de- vice, lift, or ramp, and that persons who have dis- abled parking permits may be penalized for park- ing in access aisles. The same penalties that ap- ply for obstructing a disabled parking space, curb cut, or access aisle also apply for illegally parking in a disabled parking space. In addition, the bill provides that signs designating disabled parking spaces must be 84 inches above the ground to the bottom of the sign, and a disabled parking viola- tion may not be dismissed for lack of proper signage. The law is further clarified by allowing persons displaying a valid disabled parking per- mit to park in on-street metered parking spaces without charge for 4 hours, but may be charged for parking in a facility or lot that provides timed parking spaces. The minimum fine for illegally parking in a disabled parking space is raised from $100 to $250, and the fine may be waived if the person provides proof of ownership of a valid dis- abled parking permit. The bill also provides that any person who displays a disabled parking per- mit that belongs to another person while occupy- ing a disabled parking space or an access aisle while the owner of the permit is not heing trans- ported is guilty of a second degree misdemeanor. Effective July 1, 1998. mamba) Wrecker Operators/Storage Charges CS/HB 3345 (Lacasa) provides that a law enforce- ment officer or court may put a hold order on a vehicle which is stored in a wrecker operator's stor- age facility. The hill further provides that when the vehicle owner is found guilty of, or pleads nolo contentendere to, the offense which resulted in the hold order, regardless of adjudication of guilt, the owner must pay all accrued charges for towing and storage. However, if a court finds that the law enforcement agency had no prohable cause to hold the vehicle, the law enforcement agency must pay the accrued charges. The bill makes certain ac- tivities by unauthorized wreckers illegal, and de- fines an unauthorized wrecker as any wrecker op- erator who has not been designated as part of the rotation schedule established by a governmental unit having jurisdiction over the removal and stor- age of disabled vehicles from an accident scene. Effective October 1, 1998. mamba) Regulation of Contractors/Building Code Administrators and Inspectors HB 4439 (Ogles) is the Department of Business and Professional Regulation package. Areas that directly affect local governments include recom- mendations for regulation of building inspectors by the Board of Building Code Administrators and Inspectors, and include adding categories oflicen- sure, setting forth the actual duties of building code administrators, plans examiners and inspectors, increasing the examination fee for non-governmen- tal employees from $50 to $150 per examination and providing that no certification fees, biennial renewal fees, or examination fees be paid by em- ployees oflocal governments, and allows local gov- ernments to retain 25(.'f of surcharge fees and the Board to retain 25r.'f. The bill also provides that an architect may, upon request of the local govern- ment, perform building inspection duties without having to obtain licensure as a building inspector, but may not act as a plans examiner on a building he designed. Other areas of the bill deal with alarm system monitoring, asbestos abatement regulation, electrical and construction contracting regulation, exemption from contractor licensure for storage sheds ofless than 250 square feet, and the regula- tion of home inspectors. Effective July 1, 1998. mamba) . Utilities and Telecommunications *TeIecommunications/Rights-of. Way CS/CS/SB 1704 (Community Affairs, Regulated Industries Committees and Bronson) amends Sec- tion 327.401, Florida Statutes, relating to munici- pal regulation ofrights-of~way for telecommunica- tions companies. The bill retains current author- ity to impose a 1 percent fee or a $500 or greater charge on certain telecommunications companies. Municipalities may not require or solicit in-kind compensation in lieu of fees; however, a munici- pality may accept in-kind compensation if offered by a telecommunications company. The bill clari- fies that municipalities cannot exercise regulatory control over telecommunications companies on matters within the exclusive jurisdiction of the Florida Public Service Commission or the Federal Communications Commission. Telecommunica- tions companies that are lawfully occupying rights- of-way are permitted to remain in the rights-of- way; however, they remain subject to reasonable rules and regulations. Effective upon becoming law. (Conn) 17 I Major Bills That Failed *Indicates Legislative Priorities Criminal Justice Violent Offenders\Public Notices SB 424 (Crist) required the sheriff of the couuty or the chief of police of the municipality, where a violent offender who is released from incarceration plans to reside, to notify the public of the name, address, and description of the violent offender and the circumstances of the offense committed by the violent offender. Defines the term "violent of- fender" to mean an offender who has been convicted of committing, or attempting or conspiring to com~ mit, one or more specified violent felonies. This bill died in the Senate Committee on Criminal Justice and did not have a House companion. (Smith) Education Charter School Municipal Board CS/CS/HB 1751 (Andrews) and SB 1380 (Kirkpatrick) authorized the creation of locally governed school districts to be formed by convert- ing existing public school districts. The bills re- quired that a sub-district shall be a nonprofit en- tity and non-sectarian in its programs and poli- cies, employment practices and operations. The sub-district may be formed by converting existing public schools, under the governance ofthe county school district, into public school districts under the governance of a defined municipal, multi-mu- nicipal, or municipal full-county or partial county division. A written contractual agreement between the sub-district and county school district is re- quired and the agreement establishes the condi- tions for operation of the schools by the sub-dis- tricts. Accountability of the sub-districts through measures or restrictions, application procedures, student elib:ribility, organization requirements, cri- teria for agreement approval and non-renewal or termination, is defined in the bill. Authorization to levy taxes and bond issuance for capital improve- ment is also provided in the bill. A sub-district shall not charge tuition or fees. except those fees normally charged by other public schools in the county school district. Sub-district students can only be students within the district; however, stu- dents may withdraw from a sub-district school and enroll in another public school pursuant to district school board policies. This bill died on the House Calendar. (Carper! 18 Educational Facilities/School Board Meetings HB 3283 (Andrews) would have required each dis- trict school board to meet annually with munici- pal governing boards and with the board of county commissioners to plan for educational facilities. Mandatory public meetings must be held on dates to allow coordination with the local govern mentis comprehensive plan amendment process and with the local governmentis evaluation and appraisal of its comprehensive plan. As a result of the annual meeting, a required report would be filed with the Department of Com- munity Affairs, detailing the specific findings and actions taken in the meeting regarding construc- tion of public educational facilities. In the event the governing bodies were unable to agree on spe- cific findings regarding the coordination of con- struction and opening of public educational facili- ties, this bill would require the participating board members to undertake binding arbitration proceed- ings. The bill also authorized the imposition of a $100 per day fine on each member of the munici- pal governing body, the district school board, and members of the board of county commissioners for failure to file the report. The use of public funds or campaign contributions to pay for the fine is prohibited. This bill died in the House Commu- nity Affairs Committee. (Carper) Environmental Water Quality CS/SB 1006 (Latvala) addressed water quality in coastal areas that may be affected by onsite sew- age treatment and disposal systems (OSTDs). It directed the Department of Health (DOH) and the Department of Environmental Protection (DEP) to conduct a study to identify the impact of OSTDs on water quality. DEP was also directed to iden- tify which waters are nutrient-impaired by follow- ing specific criteria. DEP, a water management district or a local environmental program having delegated authority would have been allowed to apply a water quality standard for a particular constituent by calculating the constituent's maxi- mum load for a specific water body and would al- low them to implement this standard through its permitting process. Also included in the bill was language authorizing DOH to adopt and enforce rules allowing them to issue health advisories if beach water fails to meet the set water quality stan- dards. The bill died in the Senate Ways and Means Committee. HB 4137 (Hafner) was a similar bill in the House, but was never heard by a commit- tee. (Tribble) Air Pollution Control Revenues CS/CS/SB 1554 (Natural Resources Committee, Williams and Kirkpatrick) and CS/HB 3795 (En- vironmental Protection Committee and Smith) would have made revisions to the Clean Air Act Title V program that was delegated to the state. It would have exempted the Air Pollution Control Trust Fund from the 7 percent General Revenue Fund surcharge. The bill also provided that the air-operation license fee may only be adjusted af- ter the required audit is performed and put restric- tions on how the revenues from the air-operation fee may be used. HB 3795 passed the House but died in Senate Messages. SB 1554 died on the Senate Special Order Calendar. (Tribble) Red Tide Research and Mitigation HB 4409 !Bradley and Carlton) and CS/SB 2272 (Natural Resources Committee and McKay) would have established a Harmful Algal Bloom Task Force to determine research, monitoring, control and mitigation strategies for red tide and other harmful algal blooms in Florida waters. The Sec- retary of the Department of Environmental Pro- tection would appoint the task force with scien- tists, engineers, economists, members of citizen groups, and members of government. Language was also in the bill to create a financial disburse- ment program within DEP to provide funding and technical assistance to government agencies, re- search universities, coastal local governments and organizations with scientific and technical experi- ence in that area. HB 4409 died in the General Government Appropriations Committee and SB 2272 died in the Senate Ways and Means Commit- tee. (Tribble) Florida 2020/Florida Forever CS/CS/HB 4551 (Safley, Constantine and others) and SB 2024 and 2648 (Latvala and Laurent) would have created another state land acquisition program. As the Preservation 2000 (P2000) pro- gram draws to a close in 2000, there were efforts to create a program to succeed P2000 in the next millennium. The primary purpose of P2000 is to preserve undeveloped land for conservation and recreational purposes by using revenues from the documentary tax. H is a lO-year program that started in 1990 totaling $3 billion. This year, the House and Senate both introduced legislation that would be the next step of P2000, but because of . the differenees between the House and Senate ver- sions, time ran out before any compromise could be reached. The House version was entitled "Florida 2020" and proposed a $6 billion program that would be implemented over 20 years beginning in 2001. This program would use $4 billion for the acquisi- tion and management ofland for conservation, rec- reation, water resource development and other en- vironmental projects. The other $2 billion was to be used by the State University System for Com- munity Colleges' land acquisition, facilities con- struction and development of telecommunications infrastructure. The Senate bill was similar to the current P2000 program. This initiative, called "Florida Forever" proposed a $3 billion program over 10 years beginning in 2001 and it did not include the allocation for higher education facilities. With P2000, the Florida Communities Trust (FCT) cur- rently receives $30 million annually to provide matching grants to cities and counties for local acquisition projects. The House version would not have allocated specific percentages of funds to the different programs like the Conservation and Rec- reation Lands (CARL) and Save Our Rivers (SaRI programs, but a State Lands Commission would be formed to create a priority list of individual projects. This would make the process more com- petitive. The Senate version proposed doubling the percentage allocated to the Florida Communities Trust from 10% to 20'k, which would be an increase from $30 million to $60 million annually. Both proposals had a stronger emphasis on recreational opportunities in urban areas, which could provide municipalities a greater opportunity to receive more funding for local environmental acquisition projects, including parks and greenways. This is- sue will likely be back in 1999 for the Legislature to consider. (Tribble) Water Management Distriet Budgets HB 4559 (General Government Appropriations Committee) and SB 2562 (Natural Resources, Laurent, Brown-Waite and Latvala) would have established a process by which the Legislature would statutorily adopt or modify program priori- ties for Water Management District (WMD) bud- gets and would require that WMDs incorporate these program priorities in developing their bud- gets. SB 2562 died in the Senate Rules and Calen- dar Committee. HB 4559 passed the House but died in the Senate Natural Resources Committee. (Tribble) 19 Finance and Taxation Voter Approval of New Taxes SJR 202 (Crist) proposed an amendment to the Constitution which would have required that the Legislature, a county, a municipality, or other po- litical subdivision of the state could not impose a new tax, increase the rate of an existing tax, or remove an existing exemption from a tax without baving a vote of the electors of the affected juris- diction. The bill was voted on unfavorably by the Senate Commerce and Economic Opportunities Committee. (Conn) *Local Government Infrastructure Surtax HB 613 (Smith) would have authorized munici- palities to levy the local government infrastructure surtax under the same conditions as counties cur- rently levy it. The hill passed the House Commu- nity Affairs Committee but died in the House Fi- nance and Taxation Committee. (Conn) Partial Year Assessment SJR 738 (Dudley) and HJR 3645 rHarrington) proposed a constitutional amendment that would have authorized the assessment of real property on a partial year basis, from the date of substan- tial completion of'the property improvements, re- gardless of whether tangible personal property was so assessed. S.JR 7:m died in the Senate Ways and ;vIeans Committee and HJR 3645 died in the House Real Property and Prohate Committee. (Conn) Local Option Fuel Tax Trust Fund HB 1149 (Water and Resource Management Com- mittee, Spratt, Bronson and others) and SB 1002 (Natural Resources Committee) would reduce the service charge imposed on the Local Option Fuel Tax Trust Fund from 7.3 percent to 5 percent.. The hills would have diverted the funds to the Aquatic Plant Control Trust Fund to combat exotic inva- sive plants. The House hiJl differed from the Sen- ate biJl in that it also proposed reducing the ser- vice charge imposed on the Fuel Tax Collection Trust Fund by the same pereentage. HB 1149 died in the General Guvernment Appropriations Corn- mittee and SB 1002 \vas never heard hy a commit- tee. (Trihble) Notices of Tax Levies SB 1510 (Latvala) and HB 4043 (Crow) would have revised tbe notice that must be published by tax authorities other than school districts jfthey ten- tatively adopt a millage rate in excess of one hun- dred percent (100'1< I of the rolled-back rate. The document would have been redesignated as a no- tiCl' of tax levy rather than a notice of proposed tax 20 I inerease. SB 1510 died in the Senate Community Affairs Committee and HB 4043 was not referred to a committee. (Conn) General Government Governmental Conflict Resolution Act CS/SB 1756 (Governmental Reform and Oversight Committee and Meadows) and HB 3797 (Constantine) would have amended Chapter 164, Florida Statutes, to create the Florida Governmen- tal Conflict Resolution Act. The Act would have required local and regional governmental entities to exhaust specified procedural options before ini- tiating litigation, except in emergency circum- stances. CS/SB 1756 died in the Senate Commu- nity Afrairs Committee and HE 3797 died in the Senate Governmental Reform and Oversight Com- mittee. (Conn) "'Certificates of Public Convenience and Necessity HB 2041 (Feeney) and SB 1474 (Williams) would have given municipalities the ability to take over the issuance of Certificates ofPuhlic Convenience and Neeessity. This would have enabled munici- palities to issue Certificates of Public Convenience and Necessity to themselves, which is necessary for the licensing of an AdvanCl,d Life Support Ser- Vlce. Presently many municipalities have con- tracted ambulance services through their respec- tive county's ambulance services and would like to take over these nledical transport responslbilitics, as many tlmes municipal employees are the first on the scene to treat the individuals. However, as required by Florida law, munieipalities must file applications with their counties in order to receive the Certificates of Public Convenience and Neces- sity. Consequently counties, citing fiscal impacts to their private ambulance companies, have denled these applieations. The House bill died in the Com- mittee on Health Care and Regulatory Reform, and the Senate sponsor withdrew the Senate bill from further consideration. {Ramba} Emergency Management Planning CS/HB 3355 (Ogles) required eounty health de- partments to coordinate with local emergency man- agement agencies for operations and staffing of spe- cial needs shelters durlng emergencies or major disasters. Special needs shelters include home health agencies and hospices. The bill provides for a review process to a.ssure emergency evacua- tion procedures and other emergency services are eoordinated properly. (Carper) Skateboard Parks Liability HB 3499 (Futch) and SB 820 (Kurth) would have provided immunity for governmental entities for skateboarding, rollerblading and freestyle bicycling riding which occur on public property designated for such activities. The purpose was to encourage governmental owners or lessees of property to make land available to the public for these types of activities. The bill passed the House 117-0, but died on tbe Senate Calendar. iRamba) Affordable Residential Aecommodations HB 3567IReddickl attempted to address eoneerns of inner-city low-income housing by establishing affordable resid"ntial accommodations (ARA), which are private enterprises providing affordable housing to low-income individuals and families who arc transient, migrant, seasonal, or temporary workers. The bill allowed the proprietors of ARA's to refuse admission or to immediately eject unde- sirabh~ residents for illegal possession or dealing in controlled substances, intoxication, profanity, lewdness, or brawling. The bill outlined the legal requirements and procedures for refusing admis- I';ion or ejeding undesirable residents by propri- etors of ARA's. The bill required municipalities and counties to permit and encourag" the development of a suf- ficient amount of ARA'a to meet local needs. A county or municipality may not enact or adminis- ter local land use ordinances to prohibit or discrimi- nate against the development and use of ARA's. This bill died in the House Community Affairs Committee. (Carper) Residential Pool Barriers HB 3707 (Wasserman Schultz) and SB 1172 (Myers) sought to addr"ss the issue of child drownings by impmdng mandatory pool barrier fencing requirements or other safety measures. The latest version of the bill gave homeowners four options: a four foot fence surrounding the pool, a pool safety cover, an alarm on all doors leading to the pool, or self-closing doors leading to the pool. An alarm or self-closing door, the least expensive safdy options, would cost between $50 and $100 each. Only new homes with pools would be cov- ered under the bill, and municipalities that have adopted local residential pool safety ordinancees that are "qual to or more stringent that this legis- lation would have been exempt. The House bill died in the Governmental Responsibility Council, and the Senate bill died in the Committee on Health Care. (Ramba) Local GovernmentfUrban In-fill HB 4783 (Constantine) and SB 1740 (Meadows) attempted to create a new. optional urban devel- opment program for cities and counties. Incentives . available under an enterprise zone or a neighbor- hood improvement district assessment could be used in the area. Transportation concurrency ex- emptions under Section 163.3180, Florida Statutes, would be granted, and a city or county could issue revenue bonds or use tax increments to fund the new plan. This optional program included specific requirements for eligibility, for designation of the redevelopment area, and for what must be included in the plan. The comprehensive plan would also be amended to adopt this new "urban infill and redevelopment" plan and to delineate the area within the future land-use plan element of the com- prehensive plan. These comp plan amendments are exempt from the twice a year limitation. The State Comprehensive Plan is amended to reflect the goals and policies of the new program, and the substantial deviations for developments of regional impact are increased by 50 percent for projects in the n"w area and not within the coastal high haz- ard area. The House bill died in the Senate Com- munity Affairs Committee and the Senate bill died on the Senate Calendar. (Carper) Transportation Transportation Easement Reservations CS/SB 516 (Judiciary Committee and Hargrettl and HB 4145 (Eggelletion) would have transferred the ownership of road easements on property ac- quired by the state under the Murphy Act to the governmental entity currently having jurisdiction over th" adjacent roadway. The bills would then have required each governmental entity holding title to these easements to establish a process for determining the validity ofa road reservation and ultimately release all road reservations. CS/SB 516 died on the Senate Calendar and HB 4145 died in the House Community Affairs Committee. (Conn) Traffic Infraction Detectors/Red Light Cameras HB 1479 (Cosgrove) and SB 2046 (Forman) would have authoriwd a county or municipality to adopt an ordinance to allow the use of traffic infraction detectors that make photographic images of mo- tor vehicles that fail to stop at a red light. These bills established training and operation require- ments for traffic infraction detectors, and provided that signs must be posted to provide motorists with advance notification that a tratlic infraction detec- tor may be in use. The maximum fine that could be imposed is $52, with 20 percent of the gross pro- ceeds being used to hire additional personnel for the Florida Highway Patrol and tbe remaining proc"eds available to the count.y or municipality to create additional law enforcement positions and 21 ..-- provide salary enhancements for officers charged with crime prevention. The House bill died in the Community Affairs Committee, and the Senate bill died in the Transportation Committee. mamba) Eminent Domain HB 3583 (Pruitt) and SB 92 (Grant) would have made many costly changes concerning eminent domain cases. The bill would have required that all condemning authorities make a written offer of full compensation on the property and the busi- ness damages, without all of the necessary infor- mation, prior to instituting any litigation; would have allowed husiness damages to be awarded even when the government purchased the entire prop- erty through a whole taking; provided business damages to a business of three years standing in- stead of 5 years standing; and repealed the provi- sion which allows local governments to take an entire parcel if the cost of doing so is less that the cost of the total taking. The bills would have sub- stantially increased the costs to expand roads. The House bill died in the Transportation Committee, and the Senate bill died on the Senate Calendar. mamhal 22 I Utilities and Telecommunications Municipal Utilities SB 2526 (Ostalkiewicz) and House PCB UCO 98- 04 would have directed that an interim study be conducted to consider the possibility of expanding the Public Service Commission's authority to in- clude oversight of municipal utilities that provide service to residents outside of their jurisdiction. The study would have included a review of tax implications for rate payers within and outside of the municipal boundary, equality of tax benefits, bond issues, unrelated municipal services, mem- bership and strueture ofthe utility governing body, and more. SB 2526 died in the Senate Commu- nity Affairs Committee and PCB UCO 98-04 died in the House Utilities and Telecommunications Committee. (Conn) Lobbying Doesn't End with "Sine Die" City officials and League lobbyists have been working hard during the session to affect legislation impact- ing cities. Now that the session has ended, we must continue our advocacy efforts to lay the foundation for success during the 1999 Legislative session. The most effective legislative lobbying efforts are those that employ year-round advocacy and involve "hometown" city officials. Communication from mayors, councilmembers and other local officials lets our legislators know that you are active participants in the legislative process, and that they are accountable to you, their constituents. It is important that you build an ongoing line of communication with your legisla- tors and their staff, and the following list of suggestions can be used to do so, thereby, ensuring that your city continues to be an effective advocate for municipal interests. Therefore, the League members' on-going advocacy role is paramount to provide legislators with recommendations to improve bills to assist munici- palities in our efforts to maintain and enhance the quality ofHfe for citizens who live in cities, towns and villages throughout Florida, and to protect Home Rule. . Get to know your leb>1slators. Become personally acquainted with your legislators and their staff so that they know who you are and what issues are important to your city. Ask them about their political philosophy and their position on various municipal issues. . Invite legislators and their staffto city hall for a council/commission meeting, during special events or just to spend a day "getting to know the city." Give them as much information as possible about your city and its issues. Explain to them how laws passed at the state level impact your city and its citizens. . Make periodic appointments to visit your legislators when they are in the district. Or make an ap- pointment to spend some time with their staff. They can relay your concerns to the legislator and, in some instances, let you know if the legislator has a position on an issue. . Invite legislators to your regional or local league meetings. This gives the cities in the district an excellent opportunity to recognize a legislator for supporting municipal legislation, or blocking legis- lation or an amendment that would have been harmful to cities. . When a legislator supports a municipal issue or helps thwart harmful legislation, be sure to send a letter of appreciation. Or your city may want to consider other means of recognition, such as passing a resolution or hosting an event to honor the legislators for their work. Even if a legislator does not support your position, be sure to thank himlher for the consideration given to your issue and ask for an appointment to discuss the merits of your position - especially if it is an issue that will surface in the next legislative session. The most important thing to remember is that effective municipal advocacy begins at the local level and is an on-going process. The more you involve your legislators in understanding your city and its issues, needs, and concerns, the more responsive they will be when you call on them during the session. 23 .. I Key Municipal Issues: How They Voted The followinf! chart includes final chamber action on several key municipal issues. [ - is' is' 0: 0: ~ ~ 0: .!! is' 0: ~ 0: ~ is' N ~ e: 0: e: 0: l) 'ij ~ t: 'l: ~ ... 0: ~ '" ~ ~ 0: is' 0: '~ e: ~ 'i [ 0: to ~ 0: 0 0: '" e: l) ~ '" 0: fi'C w lB " '" [ 0: 1ij ~ e: 0: = '" ." is' is' ~ ~ ~ 0: ~ " ~ " ~ ~ '" c ~ .... J: 0 ~ .c II> i;' ~ to l!! Iii " i ~ ~ to 0: >- :ii " ~, '" ~ c. '" " ~ "i' ~ II> '" .. '" 1ij f <( ... ~ :!! ~ C E 'c " J: .. ~ to '" ]i 'ij = I z " " t: E m 'Ii :i N is II> l!' ." N " " ... t: z: ~ '" ill .. '" 0 0 :E to to (; 'i to 'S ~ a ~ " " ~ 1i ::I .. o ) * Indicates FLC Priorilv Issu w to ~ ~ ::I to to 0 0 ::I >- ~ to 0 .. 0 ::I to to .. l) >- <!l 0 ,H Ul lC lC lC lC 0 0 0 () 0 c c c u. C) C) C) J: J: J: -, -, i2 i2 '" ...I ...I ...I :lii :lii :lii a: CS/CS/CS/SB 92/ CS/HB 3583 (Oppose) Eminent * Y Y y ~ y y y y ~ 'CS/SB 312 (Support) y yy y y y y y yy y y y y y yy y y y y ~ y y y y y yy y y y y y y ~ Local Sources First CS/HB 767 (Support) ~ yy y y y y~ yy ~ y y y y yy y y y y ~ E y y y ~ y yy y ~ y y ~ ~ Bad Check Charges CS/CS/SB 820/ CS/HB 3499 (Support) Skateboarding & * Y y ~ y y y ~ y y y y I;'~'i:~'-'"inn I iohl'ih, 'CS/CS/SB 1704 yy yy y y yy yy y y y y y yy y y y y~ E y y yy yy y y y y y ~ y Rights-aI-Way Authority 'CS/CS/SB 2024/ CS/CS/HB 4551 (Support) FL 20201 . Y yy Y y y ~ y yy y y y y y ~ y y y y y ~ ~ y ~ y yy ~ ~ y y ~ ~y FL Forever 'CS/SB 2474 (Support) y yy y y y yy yy y y y y y yy y y y y yy y y yy y yy y y y y y y School Concurrency 'CS/CS/CS HB 3075 (Oppose) Police and Fire Y yy y y y yy yy y y y y y yy y y y ~ ~ y ~ y y N y yy y y y y y y 'HB 3113 (Support) Community Contribution Tax Y yy Y Y y y y yy y y y y y yy y y y y yy y y y y y yy y y y y y y Credit 'CS/HB 3427 (Support) ~ y yy y y y y yy y y y y y yy y y y y yy y y y y y y~ y y y y ~ y Beach Management Funding CS/HB 3619 (Support) y yy y y y y y yy y y y y y yy y y y y~ y y y y y y yy y y y y y y Year 2000 CS/CS/HB 4181 (Support) y y yy y y y y yy y y y ~ y yy y y y y ~ y y y y y y yy y y y yyy FL Building Code FlC Priority Issues for which there was no action ~ Local Government Infrastructure Surtax- No Senate bill ~ Municipal Authority over EMS Certificates ~ Tracking of Sexual Predators ~ Sunshine Law Clarification ~ Telecommunications Zoning and Land Use 24 ~ 6' ~ ~ ,l!! ~ ~ 6' ~ ~ GO 'E 6' ~ ~ ~ ~ 6' :c 0 ~ 6' 6' ~ ~ ct ~ 6' 6' ~ 6' 6' GO .c 0. ~ 6' 0 - 1:: 6' ~ 6' " ~ .5 ~ S: 6' c ~ ~ 6' 8: ~ ~ ~ c 8: ~ 6' ~ ~ 8: ~ ~ 8: 8: ~ ~ .2 ~ ~ .. [ ~ " ~ ~ .c ~ GO .!!! " i .il! c c ~ ~ 8: ~ '5 " C > [ l!: " ~ ~ ~ ~ I" .c " ~ e 0 ~ ~ 6' ~ 01 ~ ~ c ~ [ ~ "E .!l ti I ~ iii E w c ... " ~ " l! 0 " " " c c S 0 0 " GO C 0 it' Ul .2' c .. .~ li E 'g: " >< c ~ ~ 0 >- i 0 ~ >- ~ " ~ .. c ~ .. ~ ~ '0 C ~ c 'C ~ .!!! e .c GO Ii " 01 ~ ; c ; li .c 10 E ::l .li l.l " .. ~ S 0 Iii c 8 " " ;: " c " " 1ii 0. C ... g ~ 01 ill I II 0 01 C '0; ;; ~ 0 f! 0 0 '5 ~ ~ f! :; .. .c " .- c ~ ~ .;: .. 0 ~ Iii ~ ~ " " >- .. .. .c 0 0 ." .. GO " 01 ~ :I: ..: ..: ..: ..: ..: ED ED ED ED a; ED ED ED ED ED ED ED ED ED ED 0 0 0 0 0 0 0 0 0 0 c c is c w w W lL lL 0 Y N y 'f' , Y y y y y y y y y y y y y y y y y y y y y y y y y y y y y y y y y y y y y 'f' Y y y y y y y , y y y y y y y y y y y y y y y y y y y y yy y y y y y y y y y y 'f' Y y y y y y y y y y y y y y y y y y y y N y y y y y y y y y y y y y y y y y y y y y y y y y 'f' Y y y y y y y y 'y y y y y 'f' Y Y Y y y y y y y y y y y y yy y y y y y y y y y y y y y y y y y y y y y y y y y y y y y y y y y y y y N y y y y 'f' Y y y N y 'f' Y y y N y y y y y y y y y y y y y y y y y y y y y N y y y y y y y y y y y y y y y y y y y y y 'f' Y y y y y 'f' Y y y y y y y y y y y 'IV y y y y y y N y N N y y y y y y y y y y 'f' Y y y y y y y y y y y y y y y 'f' N y N y y y N < , y yy y y y y y y y y y y y y y y y y y yy y y y y y y y y y y y y y y y y y y y y y y y , y y y y y y y y y y y y y y y y y y y y y 'f' Y y y y y y y y y y y y y y y 'f' Y y y y y y y y y y y y y y y y y y y y y y y y y y y y y y y y y y y y y y y y y y y y y y y y y y y y y y y y y y y y y y y y y y y y 'f' Y Y y y 'f' Y y y y y y y y y y y y y y y 'f' Y y y y y y y Y=Member voted Yes N~ Member voted No T~No vote recorded E=Excused O=Not elected to office at time of vote (R)~ Republican (0) =Democrat ')~House Transportation Committee *=Senate Judiciary Committee *=Senate Transportation Committee _=Senate Ways and Means Committee 25 . ....- ~ ~ - ~ ~ is' er- ~ e. ~ c er- is' ~ is' " is' is' is' ~ is' ~ " Q) is' " , ~ ~ is' ~ ~ ~ is' Q) ~ ~ ~ er- ~ ~ 0 ~ er- ~ "0 0 "N ~ ~i ~ ~ ~ ~ " er- E is' " .c - ~ " er- UJ Gi 10 ~ a; ~ ~ Q) '" 1l ~ " IV " ,., " J IV Q) .!!! ~ ,., IV is' IV lJl ~ ~ .>< ~ J: IV " Q) " E " UJ ~ E 0 E ~ '" " Q) Q) IV '" .! "ij "0 Q) Q) ~ UJ IV " .>< .>< '" .>< ~f " " E .. .E "E iii ~ IV 0 '" 13 l1. " " ~ ,., 0 l!! ,., ~ " UJ 3: '" " " " ,., al IV l!! "5 - 0 0 " Gi " l1. "> Q) , ::J IV IV IV IV .. .. 0 IV 0 0 j j - 0 ,., IV IV IV ;:;: LL LL LL Cl Cl Cl Cl Cl :I: :I: :I: :I: :f :I: ..., ..., ><: S2 ><: ::; ::; ::; ..J ..J :;: :;: :;: :;: :;: : CS/CS/CS/SB 921 CS/HB 3583 (Oppose) Eminent y ... y Domain 'CS/SB 312 (Support) y y y N Y Y N Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y ... Y Y Y Y Y Y Y Y y' Local Sources First CS/HB 767 (Support) Bad y y y y y y y 0 y y y y y y y y y y y y y y y y y y y y y y y y , Check Charges CS/CS/SB 8201 CS/HB 3499 (Support) Skateboarding & y Y Y Y ... Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y \ Rollerbladino Liabilitv 'CS/CS/SB 1704 Y Y Y Y Y Y Y Y Y Y Y ... Y ... Y ... Y Y Y Y Y Y Y Y Y Y Y Y ... Y Y Y ~ Rights-at-Way Authority 'CS/CS/SB 20241 CS/CS/HB 4551 (Support) FL 20201 FL Y Y Y N Y Y ... ... y y y y y y y y y y y y y y y y y y y y y y y y ~ Forever 'CS/SB 2474 (Support) y y y y y y y y y y y y y y y y y y y y ... y ... y y ... y y y y y y ~ School Concurrency 'CS/CS/CS HB 3075 (Oppose) Police and Fire y y y y y y y y y y y y y y y y y y y y ... y y N Y Y Y Y Y N Y N 'I Pensions 'HB 3113 (Support) Community Contribution Tax Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y'l Credit 'HB 3427 (Support) Beach y y y y y y y y y y y y y y y y y y y y y y y y y y y y ... y y y 'I Management Funding CS/HB 3619 (Support) Year y y y y y y y y y y y y y y y y y y y y y y ... y y y y y y y y y 'I 2000 CS/CS/HB 4181 (Support) y y y y y y y y y y y y y y ... y y y y y y y y y y y y y y y y y y FL Building Code FLC Priority Issues for which there was no action ~ Local Government Infrastructure Surtax- No Senate bill ~ Municipal Authority over EMS Certificates ~ Tracking of Sexual Predators ~ Sunshine Law Clarification ~ Telecommunications Zoning and Land Use 26 i? e. ~ N Cl - - .. :; ~ E .<: Cl ~ 0 ~ " Cl .<: i? i? i? 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Y Y Y Y Y Y Y Y Y f Y Y Y Y Y Y Y Y Y Y Y Y Y Y . Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y yf Y Y Y Y Y Y Y Y Y Y Y Y Y . Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y . Y Y Y Y Y Y . yf Y Y Y Y . N Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y . Y Y N Y Y Y N Y Y Y Y Y Y Y ,f Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y . Y Y Y Y Y Y If Y Y Y Y Y Y Y Y Y Y Y Y Y Y . Y . Y Y Y Y Y N Y Y Y Y Y Y Y Y Y Y Y Y N Y Y Y Y Y Y Y If Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y If Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y . . Y Y Y Y Y Y . Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y If Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y . Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y . Y Y Y Y If Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y ~ ~ ~ l: ~ ~ ~ \ Y=Member voted Yes N= Member voted No T=No vote recorded E=Excused O=Not elected to office at time of vote (R)= Republican (0) = Democrat O=House Transportation Committee *=Senate Judiciary Committee *=Senate Transportation Committee *=Senate Ways and Means Committee 27 _. ~ Alphabetical Index Recorded Alplwhetically By Bill Title Ad Valorem Taxation .................... .........................9,10 Ad Valorem Taxation/Partial Abatement ........................10 Ad Valorem Taxation Exemptions/Continuing Care Apartments. ....................... ....9 Affordable Residential Accommodations ................. 21 Air Pollution Control Revenues ............... .19 Annexation of Enclaves Pinellas County. ......................... ............... ............4 City of Ft. Myers/Lee County.... .................... .........4 Cedar Key/Lee County........................ ..............4 Assault and Battery/Code Inspectors ..............................14 Bad Check Charges. ................................... ............9 Beach Renourishment .............. ................ .............. .... 7 Bond Requirements ....................... ................ .......13 Brownfields Redevelopment ...................7 Brownfields Revolving Loan Trust Fund ...................... ...7 Certificates of Public ConveniencelNecessity ............ 20 Central and Southern Florida Flood Control Project Restudy............... .............................. .........8 Charter Schools/Charter School Capital Outlay Trust Fund ................... ...................... ........5 Charter School Municipal Board ........................... ......18 Civil ,Justice Reform. ....................................... ...............16 Clean Air - Accidental Release Prevention ..... 7 Coastal ConstructionlRulemaking ....................................7 Coastal Redevelopment .................. ......................... .......12 Computer ProblemslYear 2000 ........................ ......... 11 Community Contribution Tax Credit/Economic Development ....... .......... .................. ....................... 10 Comprehensive Plan FundinglNewly Incorporated Cities ................ ......................... .5 Contested Property Taxes ........................... 10 Court Costs/Law Enforcement Funding .....5 Determination of Millage ............... ................ ................10 Disabled Parking ...................... ..................... ..16 Dry-cleaning Solvent Cleanup .............. .......6 Education Facilities/Rental or Leasing Space. ........... 6 Educational Facilities/School Board Meetings .. ....18 Eminent Domain ..... ........ .................. ......22 Emergency Management Planning .............. ......... 20 Emergency Medical Care Providers ... 13 Employee Assistance Programs 15 Environmental Mitigation ................................. ..8 Evaluation and Appraisal Report Revision 12 Financial Matters .......................... .......9 Firefighter and Forestry Train-ing ....... ...................13 Florida 2020!Florida Forever ..... .............. .................19 Florida Maximum Class Size Study Act ........5 Florida Retirement System (FRS) .... ......................14 Governmental Conflict Resolution Act ............................20 Hazardous Waste Facilities ................. ..........8 Homestead Tax Exemption/Proposed Constitutional Amendment.. .....................10 Homestead Tax Exemption/Social Security Numbers ...... 9 Housing Assistance Programs ..................... ...................15 Incorporation of Islamorada Glitch Bill! Monroe County.................... Incorporation of Marco Island/Collier County ...................4 .............4 28 Investment of Public Funds. ................... .............9 Investment of Public Funds/State Board of Administration ........................ ........10 Land Platting .................................. ......13 Land and Water Adjudicatory Commission ......12 Land Use Development/Annexation ......... ..................4 Landscape Designers ............... ................... ......... 11 Law Enforcement and Corrections Officers... .............15 Local Government Infrastructure Surtax 20 Local Option Fuel Tax Trust Fund .............. .......... 20 Local GovernmentJUrban In-fill ..................... .............. .21 Local Option Tourist Development Tax ..........9 Local Sources First. Water.. .................. .............6 Managed Care/Subscriber Grievances .................. .........15 Minority Business Enterprises ...... ................ .. 11 Minors/Statements .... ........................ . .......15 MunicipalitieslBusiness Enterprises ..................11 Municipal Utilities ...................... 22 Notices of Tax Levies.. ........................... ....... ....20 Occupational License Taxes .................. ....10 Occupational Safety and Health (OSHA) .............13 Paramedics or Emergency Medical TechnicianlHealth Screening .....13 Partial Year Assessment .............. 20 Poison Control Center/911 ............................... .14 Police and Fire Pensions ... ............................... ..........15 Red Tide Research and Mitigation ..... ...... . ... .. 19 Regional Water Supply Authorities ...................................8 Regulation of Contractors/Building Code Administration and Inspectors ............. 17 Residential Pool Barriers ............................ ...21 School Concurrency..... .................... ... .6 Sexual Predators ...... ................................. ...5 Single Audit Act ....9 Skateboard Parks Liability.. ...........................................21 Small Counties ....... ................................. .... 11 Solid Waste Disposal. ........................7 Solid Waste Recycling Grants ................. ....... . ..... ... 8 Special Districts .. 11 Statewide Building Code .............16 Tax Administration/Certified Audits ..9 Telecommunications Rights-of-Way.............. .............. .. 17 Tort Reform ..... .................... .......................................15 Traffic Infraction DetectorslRed-Light Cameras ........ ...21 Transportation Easement Reservations .. 21 Veterans' Preference .. .............. ................ 13 Violent Offenders/Public Notices ..18 Voter Approval of New Taxes ................... .....20 WAGES .............. 13 Wastewater Treatment Systems .........15 Water n Local Sources First... .........................6 Water Management District Budgets ...................... .......19 Water Quality............................ ................18 WaterlWastewater Facility n RAB ..... ......7 Workers' Compensation Insurance Fraud .......................13 Workers' Compensation Law........................... ..15 Workers' Compensation/Drug Free Workplace .....14 Wrecker Operators/Storage Charges ...............................17 1998 Bill Number Index CS/CS/SB 92 .. ........... ................ ........... ................ .............22 SB 112 ...............................................................................15 SB 142 ................................................ ........................ .....I:J SJR 202 .............................................. ..............................20 SB 222 ...............................................................................13 ~~~..............6 CS/SB 290 .........................................................................13 CS/SB :]12 & 2298 ....................................... ......... 6 CS/HB :J19 ............................................................ ............ 11 SB :J48 . ........... ......... ..... .... ......... ....... ........... ....... ....... ........ 15 HB :J67 ........................................................... ....................5 SB 400 .... ... ...... ......... ....... ......... ......... ......... ....... ....... ........... 9 SB 424 ...............................................................................18 CS/SB 498 ...........................................................................9 CS/SB 516 .......... ....... ......... ........... ................ ....... ............. 21 SB 540 ....... ......... ....... ......... ........... ......... ......... ....... ........... 13 HB 61:] ....................................... ....................................20 SB 712 ...............................................................................11 S,I!{ 7:38 .... ............. ....... ......... ....... ......... ........... .................20 CS/HB 767 ..........................................................................9 SB 770 ..... ....... ........... ......... ....... ........... ......... ....... ....... ...... 1:] CS/SB 812 ...........................................................................7 CS/SB 814 ...........................................................................7 CS/CS/SB 820 ................................................................... 21 CS/HH 82:3 ...... ......... ..... ......... ........... ... ...... ....... ......... ..........9 SB 8:30 ....... ......... ....... ......... ........... .................. ..... ....... ........ 9 CS/SB 874 .........................................................................16 SlJ 884 ........ ....... ........... ..... ......... ........... ................ ..... .........9 ~1002................W CS/SlJ 1006 .......................................................................18 CS/CS/HH Hm:3 ................................................................... 9 CS/SB 1114 ........................................................................ 13 CS/HB 1149 ......................................................................20 SlJ 1172 .............................................................................21 CS/SB 1182 ..... ....... ......... ..... ......... ......... ......... ....... ....... ...... 5 CS/SB 1202 ....... ......... ..... ........... ....... ........... ............ ........... 7 CS/SB 1204 ......................................................................... 7 CS/SB 1 :3:32 ...... ......... ..... ........... ....... ......... ......... ....... .......... 9 SB 1:]46 .............................................................................1:] SB 1:]80 .............................................................................18 CS/CS/SB 1406 .................................................................1:J SB 1408 ......... .............. ......... .................. ....... ....... ....... ...... 15 SB 14:34 .. ........... ......... ......... ....... ....... ......... ....... ....... ....... .... 7 SH 14:36 ............ ....... ....... ........... ....... ......... ....... ....... ............ 7 CS/HB 14:37 ......................................................................15 CS/SB 1458 .......................................................................12 SB 1462 .............................................................................15 SB 1474 . ........... .... ..... ........... ......... ....... ......... ....... ..... ........20 CSIHB 1479 ....... ............. ........... ................ ............ ........... 21 CS/SB 1498 ....................................................................... 16 SB 1510 ............................................................... ............. 20 CS/CS/SB 1554 .................................................................19 CS/CS/HB 1589 ................................................................11 CS/HH 161:J ......................................................................15 ~l~.....M CS/SB 1686 ......................................................................... 9 CS/SB 1702 .......................................................................12 CS/CS/SB 1704 .................................................................17 CS/HB 1727 ......................................................................14 CSIHB 17:J9 ......................................................................14 CS/SB 1740 ....................................................................... 21 CS/SH 1748 .......................................................................10 . CS/CSIHB 1751.................................................................18 CS/SB 1756 ........................... ......................... ............. ...20 SB 1972 ................... ................................................14 SB 1992 .....................................................................5 CS/CS/SB 1996 ................................. .................................5 CS/SB 2024 & 2648..........................................................19 HB 2041 ............................................................................ 20 SB 2046 .......................................... ........................... ......21 SB 2222 .............................................................................10 CS/SB 2272...................... .................................. .............19 CS/CS/SlJ 2474 .............. ..........................................4, 6,12 SB 2526 ................................................................ ............22 CS/SB 2562 .......................................................................19 CS/CS/CSIHB 3075 ....................................... ...................15 HlJ 3113 ....................................................... .................. .10 HB 3125 ..............................................................................7 CS/CS/HB 31:]1.................................................................14 H,JI{ 3151 ..........................................................................10 HB 3161 ............................................................................15 CS/HB :]223 .................................................. ...................13 CS/HB 3255........................................................................5 HB :]269 ............................................................................ 11 HB 328:J ............................................... ............................18 CS/HB 3345......................................................................17 CS/HB 3355......................................................................20 CS/HB :J427 ....................................................................... 7 HB :]477........................................................................ ...10 CS/CSIHB :]491 .................................................................14 CS/HB :J499 ......................................................................21 HB 352:] ............................................................................11 HB 3567 ............................................................................21 CS/HB :1583 ......................................................................22 HB 3599..............................................................................6 CSIHB 3619 ...................................................................... 11 HJR 3645 ..........................................................................20 CSIHB 3661 ......................................................................10 CSIHB 3701.........................................................................8 CS/HB 3707................................................................... ..21 HB 37:J7 .............................................................................. 5 CSIHB :]795 ......................................................................19 HB :]797 ............................................................................ 20 HB 3851..............................................................................4 HB 3859 ...................................................................... 4 ~~~................4 ~IHBWTI.................8 HB 404:] ......................................................... .................. 20 CS/HB 4071.. ...................................................................... 8 HB 41:]3 ......................................................................... 4 HB 4137............................................................................19 CS/CSIHB 4141...................................................................8 HB 4145 .................. .........................................................21 CS/CSIHB 4181............................... .................................16 HB 4201 ..............................................................................8 HB 4205 ..............................................................................8 HB 4261 ............................................................................10 HB 4325..............................................................................4 HB 4409.................................. ................................. .......19 HB 4439. ....................................................................10, 17 HB 4475 ....................... ....................................................15 CS/CSIHB 4551......................... ............................ .......... 19 HB 4559 , ......................................, ..................................19 HB 4783 ....................... ...................................... 21 29