Fort Walton Beach Council agenda — 01-08-13--regular — reading text

0 WHEREAS, the citizens of Florida passed a state constitutional amendment in 1990 to limit the ability of the state legislature to pass unfunded state mandates on to cities [ Article VII, Section 18, Florida Constitution]; and x WHEREAS, even with the 1990 state constitutional amendment to limit unfunded state mandates, the state o legislature continues to pass unfunded mandates under various exceptions to the law; and E WHEREAS, the following unfunded state mandates serve as examples of mandates cities across the state are o required to comply with or to fund: Police Officer and Firefighter Pensions, Chapters 175 and 185, F. S. In 1999, the state legislature mandated that cities use any increases in insurance premium tax revenues to provide additional, extra pension benefits" in police officer and firefighter pension plans. These extra benefits are in addition to benefits already provided. In aggregate numbers, it is estimated that cities have had to provide over $500 million in " extra pension benefits" to firefighters and police officers since 1999. Workers' Compensation and Disability Pensions, Section 112. 18, F.S. This mandate establishes a disability presumption for firefighters and police officers who suffer any health condition caused by hypertension or heart disease. The presumption is that the condition occurred because of the job and the legal presumption is nearly impossible to overcome. This mandate has dramatically increased city funding requirements relating to workers' compensation and disability pensions. Group Health Insurance - Section 112.0801, F. S., requires cities, and other governments, to offer subsidized health, hospitalization and other insurance coverage to city retirees. This is a significant mandate, as it requires governments to offer their retirees health and hospitalization insurance at artificially low rates to the retiree, thereby making the employer pay the difference. Packet Pg -141  14. 3. b PENSION REFORM ADVOCACY KIT Environmental Regulation - Chapter 403 includes numerous state mandates to cities in the area of E environmental regulation. Section 403. 064, F. S., requires cities applying for a permit for a domestic c wastewater treatment facility to prepare a water reuse feasibility study. Cities must implement d water reuse, if feasible, and prepare an annual water reuse report to the Department of Environmental Protection. Section 403. 067 is a joint state and federal mandate that requires cities o to reduce nonpoint source pollution reductions from stormwater runoff and septic tanks. The cost of retrofits for stormwater alone is estimated in the hundreds of millions. Section 403. 0891 requires a cities to develop a stormwater water management program within their comprehensive plans. LL Section 403.702 requires cities to plan and provide solid waste management and requires them to 4 determine the " full cost" for providing resource recovery, recycling and disposal. This section also requires cities to develop and implement recycling programs. State Building Code - Chapter 553, Part IV, F. S., requires each city to adopt and enforce the state a° building code. Cities must use employees " certified" by the state to enforce the code. Cities must c also add a " surcharge" to every building permit, which is used by the state to oversee the 9 enforcement of the codes. n a Effective Public Notice - various Florida statutes require cities to purchase ad space in newspapers N as the only method of meeting public notice requirements, even when equally effective and lower c cost alternatives are available. Agency Rules - State agencies often propose rules that have significant fiscal impacts on cities. N Recent examples include irrigation rules proposed by various water management districts, energy efficient land use rules and " need" based population analysis rules. In many instances cities must 0 file administrative challenges just to get the agency to reconsider or reduce the fiscal impact. a Consultants Competitive Negotiations Act - Section 287. 055, F. S., requires a city to proceed through 2 an extensive selection and negotiation process when it retains architects, engineers, landscape v architects, or surveyors and mappers. Bids are based on qualification with no consideration of cost. N C WHEREAS, the [ City/ Town /Village of ] requests the state legislature to make reasonable and La responsible changes to current state laws to eliminate existing unfunded state mandates on cities, and further requests the state legislature to honor the intent of the 1990 state constitutional amendment a restricting unfunded state mandates and not pass any unfunded state mandates in the future. a NOW, THEREFORE, BE IT RESOLVED BY THE [ COUNCIL / COMMISSION] OF THE [ CITY /TOWN / VILLAGE OF ), FLORIDA: Section 1. That the [ City /Town /Village of ] hereby requests the Florida Legislature to make reasonable and responsible changes to current laws to eliminate existing unfunded state mandates on cities. Section 2. That the [ City /Town / Village of ] hereby requests the Florida Legislature to honor the intent of the 1990 state constitutional amendment restricting unfunded state mandates and not pass any unfunded state mandates on cities in the future. Section 3. That the [ City / Town / Village of ] urges the Governor to approve any legislation making reasonable and responsible changes to current state laws to eliminate existing unfunded state mandates on cities. Section 4. That the [ City / Town /Village of - I Clerk is directed to transmit a copy of this resolution to Governor Rick Scott, the Florida Legislature, and the Florida League of Cities, Inc Section 5. That this resolution shall be effective upon adoption. PASSED IN OPEN AND REGULAR SESSION OF THE [ COUNCIL /COMMISSION OF THE CITY/TOWN /VILLAGE OF ], FLORIDA, THIS DAY OF 2012. Paeket Pg. 142  F14 3.. b PENSION REFORM ADVOCACY KIT PLEASE PROVIDE A COPY OF YOUR CITY' S ADOPTED RESOLUTION TO: Speaker of the House The Honorable Will W. Weatherford Florida House of Representatives 420 Capitol 402 S. Monroe Street Tallahassee, FL 32399 Senate President The Honorable Don Gaetz Florida Senate 409 Capitol 404 S. Monroe Street Tallahassee, FL 32399 Please also provide a copy of your city' s adopted resolution to your House and Senate delegations. Follow the links below to find contact information for your House / Senate members. House of Representatives http: / /www.myfori dahous e. com /Sections / Representatives / rep res entatives.aspx Senate http:// www.flsenate.gov/ Senators/ Please also provide a copy to: Allison Payne Florida League of Cities Fax ( 850) 222 -3806 or E -mail: aoayne@Flcities com Packet Pg. 143  14.4 City Council of Fort Walton Beach CITY COUNCIL MEMORANDUM To: Michael D. Beedie, City Manager From: Michael Beedic, City Manager Date: January 8, 2013 Subject: Discussion of CRA Tax Abatement Programs 1. I. I. At the December 11, 2012, City Council Special Meeting, Council requested information on tax abatement programs within Community Redevelopment Areas CRA) for discussion at the January 8, 2013, City Council meeting. 2. DISCUSSION: 2. 1. Staff contacted the Florida Redevelopment Association ( FRA) to gather information related to tax abatement programs within CRA Districts in Florida. 2. 2. In performing the necessary research, Staff was able to obtain information related to current abatement programs and a legal opinion from the FRA General Counsel in reference to whether CRA Districts can provide incentives in the form of Tax Increment Financing ( TIF) to developers from specific properties. 2. 3. A majority of CRA tax abatement programs have followed Chapter 196 of the Florida Statutes. Chapter 196. 1995 sets forth the procedures for a governing body to develop an economic development ad valorem tax exemption. The following process is required to develop an ad valorem tax exemption per Chapter 196 of the Florida Statutes: 2. 3. 1. The governing body shall call a referendum within its total jurisdiction to determine whether an economic development ad valorem tax exemption can be granted. The referendum can be called by majority vote of the governing body; or by receipt of a petition signed by 10% of registered voters within the City limits calling for a referendum. 2.3. 2. A referendum for this type of tax exemption may be called only once in any 12- month period. 2. 33. If the referendum is approved by the voters, the