Res 01-04RESOLUTION NO. 1-04
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DRI.RAY BEACH, FLORIDA, URGING MEMBERS OF THE
FLORIDA LEGISLATLrRE TO SUPPORT THE FOLLOWING
MUNICIPAL ISSUES DURING THE 2004 LEGISLATIVE
SESSION.
WHEREAS, legislation passed (HB l13A) during the 2003 Special Session "A" that is the
implementation of Article V, a 1998 constitutional amendment, that requires the state to fund the
county court system; and
WHEREAS, HB l13A prohibits state attorneys from appearing in county courts for the
purpose of prosecuting munidpal ordinances; and
WHEREAS, the bill also prohibits a mtmidpality from contracting with a state attorney for
the prosecution of munidpal ordinances, and public defenders will not be allowed to represent
indigents charged with ordinance violations; and
WHEREAS, HB l13A requires a filing fee of $200 for each code or ordinance violation; and
WHEREAS, several dries carry out code enforcement through a dtation process, which is
filed through the county court system; and
WHEREAS, many of the fines for these dtations are less than half of the proposed $200
filing fee, which would make the citation process ineffective for code enforcement activities; and
WHEREAS, the intent of the Munidpal Revenue Sharing hold hamaless provision in HB
113A was to not reduce any revenues currently shared with munidpalities; and
WHEREAS, dean drinking water is a predous resource that must be adequately planned for
to meet the needs of future growth in Florida; and
WHEREAS, dries are implementing several innovative methods to assure an adequate
supply of drinking water is available for its dtizens; and
WHEREAS, efforts were made during the 2003 legislative session to mandate that dries
establish water consecration xate structures, impose drought rates, requJxe submetering in apartment
buildings or condos, mandate statewide i~garion standards, implement "informative billing", and
meter reclaimed water; and
WHEREAS, municipalities would be negatively impacted by legislation mandating
conservation measures on a "one size fits all" approach and many of the conservation measures
being considered had no demonstrable conservation benefit but will be very expensive to
implement; and
WHEREAS, the geogr~aphic emphasis and restrictive nature of Florida's current annexation
policy has negatively impacted Florida's municipalities by inhibiting their economic vitality, creating
inefficient service delivery and subsidizing urban sprawl; and
WHEREAS, the current law has actually made it more difficult for municipalities to provide
municipal sexavices in the urbanizing areas in comparison to counties and special districts; and
WHEREAS, Florida's tremendous population growth and inflexible annexation policies
cause disruption in historical sexvice delivery responsibilities and result in a continuous conflict and
inefficiencies in the financing and delivery of many local public services.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, THAT:
Section 1. The City of Delray Beach urges Governor Jeb Bush and members of the Florida
Legislature to support legislation that:
Preserves the authority of individual local governments to determine and implement the
specific water conservation measures required under a water use permit, and which preserves
a local government's control over reclaimed water that is created by the local government.
Section 2. The City of Delray Beach urges Governor Jeb Bush and members of the Florida
Legislature to support legislation that:
Allows municipalities to contract for the services of public defenders and state attorneys to
enforce local ordinances; and
Eliminates the fee schedules for the enforcement of municipal code or ordinance violations.
Provides a modification of the distxibution formula for revenues transferred from the Half-
Cent Sales Tax Program to the Revenue Sharing Trust Fund for Municipalities.
Section 3. The City of Delray Beach urges Governor Jeb Bush and members of the Florida
Legislature to support legislation that:
2 RES. NO. 1-04
Strengthens the ability of municipalities to eliminate all enclaves regardless of size or use, and
provides reasonable procedures to expeditiously annex areas that are contiguous to their
boundaries.
Section 4. That a copy of this resolution shall be provided to Governor Jeb Bush, Senate
President Jim King, House Speaker Johnnie Byrd and members of the Florida Legislature.
PASSED AND ADOPTED this ~ day of ~ ~ 2004.
ATI'EST:
City Clerk
3 RES. NO. 1-04
RESOLUTION NO. 1-04
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, URGING MEMBERS OF THE
FLORIDA LEGISLATURE TO SUPPORT THE FOLLOWING
MUNICIPAL ISSUES DURING THE 2004 LEGISLATIVE
SESSION.
WHEREAS, legislation passed (HB 113A) during the 2003 Special Session "A" that is the
implementation of Article V, a 1998 constitutional amendment, that requites the state to fund the
county court system; and
WHEREAS, HB l13A prohibits state attorneys from appearing in county courts for the
purpose of prosecuting municipal ordinances; and
WHEREAS, the bill also prohibits a municipality from contracting with a state attorney for
the prosecution of municipal ordinances, and public defenders will not be allowed to represent
indigents charged with ordinance violations; and
WHEREAS, HB 113A requires a filing fee of $200 for each code or ordinance violation; and
WHEREAS, several ciries carry out code enforcement through a citation process, which is
filed through the county court system; and
WHEREAS, many of the fines for these citations are less than half of the proposed $200
filing fee, which would make the citation process ineffective for code enforcement activities; and
WHEREAS, the intent of the Municipal Revenue Sharing hold harmless provision in HB
113A was to not reduce any revenues currently shared with municipalities; and
WHEREAS, dean drinking water is a precious resource that must be adequately planned for
to meet the needs of future growth in Florida; and
WHEREAS, dries are implementing several innovative methods to assure an adequate
supply of drinking water is available for its citizens; and
WHEREAS, efforts were made during the 2003 legislative session to mandate that dries
establish water conservation rate structures, impose drought rates, require submetering in apartment
buildings or condos, mandate statewide irrigation standards, implement "informative billing", and
meter reclaimed water; and
WHEREAS, municipalities would be negatively impacted by legislation mandating
conservation measures on a "one size fits all" approach and many of the conservation measures
be'rog considered had no demonstrable conservation benefit but will be very expensive to
implement; and
WHEREAS, the geographic emphasis and restrictive nature of Florida's current annexation
policy has negatively impacted Florida's municipalities by inhibiting their economic vitality, creating
inefficient service delivery and subsidizing urban sprawl; and
WHEREAS, the current law has actually made it more difficult for municipalities to provide
municipal services in the urbanizing areas in comparison to counties and special districts; and
WHEREAS, Florida's tremendous population growth and inflexible annexation policies
cause disruption in historical service delivery responsib'flifies and result in a continuous conflict and
inefficiencies in the financing and delivery of many local public services.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, THAT:
$¢cti0n 1. The City of Delray Beach urges Governor Jeb Bush and members of the Florida
Legislature to support legislation that:
Preserves the authority of individual local governments to determine and implement the
specific water conservation measures required under a water use permit, and which preserves
a local government's control over reclaimed water that is created by the local government.
Section 2. The City of Delray Beach urges Governor Jeb Bush and members of the Florida
Legislature to support legislation that:
Allows municipalities to contract for the services of public defenders and state attorneys to
enforce local ordinances; and
Eliminates the fee schedules for the enforcement of municipal code or ordinance violations.
Provides a modification of the distribution formula for revenues transferred from the Half-
Cent Sales Tax Program to the Revenue Sharing Trust Fund for Municipalities.
Section 3. The City of Delray Beach urges Governor Jeb Bush and members of the Florida
Legislature to support legislation that:
2 RES. NO. 1-04
Strengthens the ability of municipalities to eliminate all enclaves regardless of size or use, and
provides reasonable procedures to expeditiously annex areas that are contiguous to their
boundaries.
Section 4. That a copy of this resolution shall be provided to Governor Jeb Bush, Senate
President Jim King, House Speaker Johnnie Byrd and members of the Florida Legislature.
PASSED AND ADOPTED this
day of ., 2004.
MAYOR
ATI'EST:
City Clerk
3 RES. NO. 1-04
Memorandum
IRIDA LEAGUE OF CITIES INC.
To:
From:
Date:
Re:
Members of Florida League of Cities, Inc.
Dottie Reeder, President
Mayor, City of Seminole
December 10, 2003
Request for Resolution
At the recent Florida League of Cities' Legislative Conference last month, the
FLC Board of Directors adopted a new initiative to enhance the Legislature's
awareness of the League's priority issues. This new plan calls on each of
Florida's 408 cities to adopt a resolution that supports the League's key priority
issues.
These key issues that were recently adopted by the League membership at the
recent Legislative Conference address three main areas:
· Making revisions to the Article V bill dealing with prosecution of municipal
ordinance violations;
· Legislation that promotes water conservation incentives for Florida's cities;
and
· Annexation Reform, particularly relating to annexing enclaves
Enclosed is a draft resolution that we are asking your city to adopt at the next
available council/commission meeting. We would then like you to send copies of
that resolution to Governor Jeb Bush, Senate President, Jim King, Speaker of the
House, Johnnie Byrd, your House and Senate members and a copy to the
Florida League of Cities no later than Friday, February 6, 2004.
Also enclosed, is a list of addresses for the Governor, Senate President; Speaker
of the House and a House and Senate directory with addresses for your
legislators.
Should you have any questions or require additional information, please contact
John Thomas at the Florida League of Cities at (800) 342-8112. Thank you for
your assistance.
Enclosures
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.fl.us/flc/
DRAFT RESOLUTION FOR FLC
LEGISLATIVE PRIORITIES
Please provide copies of your adopted resolution to the Governor, Senate
President, Speaker of the House, House and Senate Members of your
legislative district(s) and to the FLC no later than Friday, February 6, 2004.
A RESOLUTION OF THE CITY OF
URGING MEMBERS OF THE FLORIDA LEGISLATURE TO
SUPPORT THE FOLLOWING MUNICIPAL ISSUES DURING THE
2004 LEGISLATIVE SESSION.
WHEREAS, legislation passed (HB 113A) during the 2003 Special
Session "A" that is the implementation of Article V, a 1998 constitutional
amendment, that requires the state to fund the county court system; and
WHEREAS, HB 113A prohibits state attorneys from appearing in county
courts for the purpose of prosecuting municipal ordinances; and
WHEREAS, the bill also prohibits a municipality from contracting with a
state attorney for the prosecution of municipal ordinances, and public defenders
will not be allowed to represent indigents charged with ordinance violations; and
WHEREAS, HB
ordinance violation; and
113A requires a filing fee of $200 for each code or
WHEREAS, several cities enforce code enforcement through a citation
process, which are filed through the county court system; and
WHEREAS, many of the fines for these citations are less than half of the
proposed $200 filing fee, which would make the citation process ineffective for
code enforcement activities; and
WHEREAS, the intent of the Municipal Revenue Sharing hold harmless
provision in HB 113A was intended to not reduce any revenues currently shared
with municipalities; and
WHEREAS, clean drinking water is a precious resource that must be
adequately planned for to meet the needs of future growth in Florida; and
WHEREAS, cities are implementing several innovative methods to assure
an adequate supply of drinking water is available for its citizens; and
WHEREAS, efforts were made during the 2003 legislative session to
mandate that cities establish water conservation rate structures, impose drought
rates, require submetering in apartment buildings or condos, mandate statewide
irrigation standards, implement "informative billing", and meter reclaimed water;
and
WHEREAS, municipalities would be negatively impacted by legislation
mandating conservation measures on a "one size fits all" approach and many of
the conservation measures being considered had no demonstrable conservation
benefit but will be very expensive to implement; and
WHEREAS, the geographic emphasis and restrictive nature of Florida's
current annexation policy has negatively impacted Florida's municipalities by
inhibiting their economic vitality, creating inefficient service delivery and
subsidizing urban sprawl; and
WHEREAS, the current law has actually made it more difficult for
municipalities to provide municipal services in the urbanizing areas in
comparison to counties and special districts; and
WHEREAS, Florida's tremendous population growth and inflexible
annexation policies causes disruption in historical service delivery responsibilities
and results in a continuous conflict and inefficiencies in the financing and delivery
of many local public services.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF
Section 1. That the City of urges Govemor Jeb Bush
and members of the Florida Legislature to support legislation that:
Preserves the 'authority of individua! local governments
determine and implement the specific water conservation
measures required under a water use permit, and which
preserves a local government's control over reclaimed water
that is created by the local government
Section 2. That the City of urges Governor Jeb Bush
and members of the Florida Legislature to support legislation that:
Allows municipalities to contract for the services of public
defenders and state attorneys to enforce local ordinances; and
Eliminates the fee schedules for the enforcement of municipal
code or ordinance violations.
Provides a modification of the distribution formula for
revenues transferred from the Half-Cent Sales Tax Program to
the Revenue Sharing Trust Fund for Municipalities,
Section 3. That the City of urges Governor Jeb Bush
and members of the Florida Legislature to support legislation that:
Strengthens the ability of municipalities to eliminate all
enclaves regardless of size or use, and provides reasonable
procedures t,o expeditiously annex areas that are contiguous
to their boundaries.
Section 4. That a copy °f this resolution shall be provided to Governor Jeb
Bush, Senate President Jim King, House Speaker Johnnie Byrd and members of
the Florida Legislature.
PASSED AND ADOPTED by the City of
2003 or 2004.
, this__th Day of