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HomeMy WebLinkAboutReso 2014-2205RESOLUTION NO. 2014- 5' A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, OPPOSING THE PASSAGE OF HOUSE BILL 703 PREEMPTING LOCAL GOVERNMENT AUTHORITY TO PROTECT WETLANDS, SPRINGS AND REGULATE STORMWATER RUNOFF; FURTHER OPPOSING THE PASSAGE OF HOUSE BILL 7023 PREEMPTING LOCAL GOVERNMENT AUTHORITY TO APPLY IMPACT FEES TO NEW COMMERCIAL DEVELOPMENTS; URGING THE FLORIDA LEGISLATURE NOT TO PASS SUCH LEGISLATION; PROVIDING THE CITY MANAGER WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING DIRECTIVE TO THE CITY CLERK; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, House Bill ( "HB ") 703 has been filed for consideration during the 2014 state legislative session by Representative Jimmy Patronis; and WHEREAS, HB 703 if passed would retroactively preempt local government authority to protect wetlands, spring and stormwater runoff, and WHEREAS, Similarly, HB 7023 would preempt local government authority to impose impact fees on new commercial developments; and WHEREAS, the City commission wishes to express strong opposition to House Bills 703 and 7023. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Opposing the Passage of Legislation regarding HB 703 and HB 7023. The City Commission hereby expresses strong opposition to HB 703 and HB 7023 that would preempt local government authority to protect wetlands, springs and regulate stormwater runoff and the authority to impose impact fees. Section 2. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 3. Directive to the City Clerk. The City Commission hereby directs the City Clerk to transmit a certified copy of this Resolution to the Governor, Senate President, House Speaker, the Chair and Members of the Miami -Dade County State Legislative Delegation, the Presiding Officer, Members, Senator Gwen Margolis, Representative Joseph Gibbons, Ron Book, Esq., and the Executive Director of the Miami -Dade County League of Cities. Section 4. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this 20th day of February 2014. ATTEST: c--� av�-k � ��� - Jane A. Hines, MMC, City Clerk APPROVED AS TO FORM AND L-EGAL4UFFICIENCY: Ottinot, City Attorney Vote: S -0 Mayor Edelcup Vice Isaac Aelion Commissioner Gatto Commissioner Levin Commissioner Scholl v Moved by: A Seconded by: L,- (Yes) (No) LZ(Yes) (No) t/ (Yes) (No) (Yes) (No) (Yes) (No) Hans Ottinot From: friends @1000fof.org on behalf of 1000 Friends of Florida <friends @1000fof.org> Sent: Wednesday, February 05, 2014 7:50 AM To: thieleh @leoncountyfl.gov Subject: Please Call Your Legislators to Oppose HB 7023 X Dear Herbert, The 2014 Legislative Session has not yet started, but already it is promising to be a damaging year for planning and growth management issues. Please call your state elected officials" to let them know you oppose HB 7023. Among other things, this prohibits local governments from applying impact fees or transportation concurrency to certain new commercial development for three years. Let them know this once again would pre -empt local government authority. If you haven't already called about the damaging fib 703 vole can express your opposition to that legislation as well. Let your local government WrrICials.Anow about these efforts to preempt their authority to make planning decisions. Eck below for more details. * Email addresses are no longer posted on the Legislature's website, but the protocol for the House is firstname.lastname n myfloridahouse.ov and for the Senate is lastname.tirstname.web cr flsenate.gov. HB 7023, a wide - ranging economic development bill by the House Economic Development & Tourism Subcommittee, among other things would prohibit applying impact fees or transportation concurrency to new commercial developments of less than 6,000 square feet for three years. Although a city or county commission could vote to opt out of the requirement, it places an unnecessary burden on those elected officials who are working to ensure that development, rather than the taxpayers, covers the cost of new growth. This language was contained in HB 321 last year. It passed the House despite opposition from the Florida League of Cities, the Florida Association of Counties and 1000 Friends of Florida, but died in the Senate. 1000 Friends of Florida again is opposing this provision in the proposed bill for two reasons: • Local governments already have the authority to waive or reduce both impact fees and transportation concurrency. • This is yet another example of the Legislature saying it respects home rule while proposing something that substitutes a "one size fits all" provision that preempts local government authority. Please let your local government and state elected officials know that the decision to waive impact fees and transportation concurrency is best left to each local government. Please call your legislators to oppose HB 703 HB 703 has some particularly egregious language that strips local home rule authority related to comprehensive plans and environmental protection. When the state legislature dismantled state oversight for growth management and abolished the DCA, they said they wanted to leave local land use decisions to local governments. Some legislators seem to have forgotten they said that, and are apparently determined to make sure that local governments aren't allowed to make local decisions. Lines 46 -50 would pre -empt, retroactively, local government authority to protect wetlands, springs, and stormwater runoff if done through ordinances or rules adopted after July 1, 2003. This retroactive provision is unprecedented and would directly contradict the home rule authority given to local governments as part of their responsibilities under both the 1985 Growth Management Act and the 2011 Community Planning Act. It would effectively repeal any comprehensive plan policies, implementing regulations, and similar land use controls on these issues adopted since 2003. Lines 88 -90 would pre -empt local government authority under the same above statutes with respect to how votes are to be conducted when considering comprehensive plans and/or plan amendments. Many local governments do use a majority vote, but others have chosen a higher standard, especially when it concerns particularly important local policy issues. We believe this is the very kind of determination that should be made by each local government, and not Tallahassee.Why should Tallahassee dictate how a local government conducts its own business? Finally, Lines 141 -145 continue an ominous path toward state pre - emption of local authority. These provisions wouldeliminate the possibility of a local government reconsidering a prior comprehensive plan amendment affecting an agricultural tract if the land continues to qualify as a bona fide agricultural operation under s.193.461. This provision would effectively vest agricultural tracts meeting this standard, something that is not done for any other land use category in s.163.We believe such a provision is neither warranted nor justifiable. Please take a few minutes to contact your state elected officials to let them know how dangerous this bill is (contact links are at the beginning of this message). Representative Patronis ( jimmy. patron isomyfloridahouse.gov) needs to hear as early as possible that this is not the kind of legislation the public supports. Remind the legislature in particular that it said it believed in home rule. Please share this information with your local elected officials as well, as it undermines their authority to make key local decisions. February 12, Noon to 1:30 p.m. Cost is $10 per participant. Registration is limited to 200 participants. Register Now! With approximately 1200 miles of coastline and 2276 miles of tidal shoreline, Florida is particularly vulnerable to the impacts of severe weather and sea level rise. This webinar will explore existing and proposed coastal legislation and issues as they relate to the National Flood Insurance Program and Florida's Citizens Property Insurance Corporation. Speakers include National Wildlife Federation National Advocacy Center Legislative Director Josh Saks, Florida Property Insurance Expert and former Florida Legislator Don Brown, National R Street representative Andrew Moylan, 1000 Friends of Florida President Charles Pattison, FAICP, and Florida Wildlife Federation Community Planner Sarah Owen Gledhill, AICP. We hope you can call your legislators to oppose HB 7023 AND HB 703, and encourage you to join us at the upcoming Webinar on Coastal Insurance Issues facing our state. Sincerely, Charles G. Pattison, FAICP President 1000 Friends of Florida I friends(cD1000fof.org I P.O. Box 5948 Tallahassee, FL 32314 _. _ - x Copyright © 2013. All Rights Reserved. Forward this email ❑ ❑ This email was sent to thieleh @leoncountyfl.gov by friends01000fof.or4 Update Profile /Email Address Instant removal with SafeUnsubscribeT" Privacy Policy. 1000 Friends of Florida P.O. Box 5948 Tallahassee FL 32314 6 *FL00. Carr of SUN Pao TO: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33160 (305) 947 -0606 City Hall (305) 949-3113 Fax (305) 947 -2150 Building Department (305) 947 -5107 Fax MEMORANDUM The Honorable City Commission Mayor Norman S. Edelcup February 20, 2014 Resolution Expressing Opposition to House Bills 703 and 7023 RECOMMENDATION: This Resolution is presented for your consideration. REASONS: City Commission Norman S. Edelcup, Mayor Isaac Aelion, Vice Mayor Jeanette Gatto, Commissioner Jennifer Levin, Commissioner George "Bud" Scholl, Commissioner Christopher J. Russo City Manager Hans Ottinot, City Attorney Jane A. Hines, MMC, City Clerk The Florida Legislature is seeking to adopt two new laws, which would undermine local home rule authority. Specifically, House Bill 703 is a proposed law that would preempt local government authority to protect wetlands, spring and stormwater runoff. Similarly, House Bill 7023 is a proposed law that would prohibit local governments from imposing impact fees on new commercial development. Based on the fact that these proposed laws will negatively impact this City, I respectfully request your approval.