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HomeMy WebLinkAboutResolution_53-19_11/14/2019 RESOLUTION 53-19 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA,FLORIDA,SUPPORTING THE 2020 FLORIDA LEAGUE OF CITIES LEGISLATIVE ACTION AGENDA; PRIORITIZING AGENDA LEGISLATION REGARDING MAINTAINING MUNCIPAL HOME RULE, SALES TAX FAIRNESS, SHORT-TERM RENTALS, TRANSPORTATION FUNDING, RAIL SAFETY, MUNICIPAL REGULATION OF ANNEXATION THAT ELIMINATES ENCLAVES, FUNDING SOURCES FOR PROGRAMS AND PROJECTS FOR WATER QUALITY PRESERVATION AND ENHANCEMENT, AND RIGHT OF WAY PROTECTION AND THE ABILITY TO REGULATE WIRELESS COMMUNICATION EQUIPMENT ON VILLAGE PROPERTY WITHIN VILLAGE RIGHTS OF WAYS,PROVIDING FOR AN EFFECTIVE DATE AND FOR OTHER PURPOSES. WHEREAS, the Village of Tequesta wishes to engage in productive, focused dialogue with the Florida Senate and House of Representatives;and WHEREAS, the State of Florida 2020 Legislative Session will convene on January 14, 2020; and WHEREAS,the Village of Tequesta is an active member of the Florida League of Cities and actively supports the development of priorities for the 2020 Legislative Action Agenda;and WHEREAS, the Village of Tequesta prioritizes legislation which maintains municipal Home Rule, sales tax fairness, short-term rentals, transportation funding, rail safety, municipal regulation of annexation that eliminates enclaves, funding sources for programs and projects for water quality preservation and enhancement,and right of way protection and the ability to regulate wireless communication equipment on Village property within Village rights of ways; and WHEREAS, the Village Council of the Village of Tequesta believes that it is in the best interests of the health,safety and welfare of its citizens to prioritize these legislative priorities. NOW,THEREFORE,BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA,PLAM BEACH COUNTY,FLORIDA,THAT: Section 1: The above recitals are true and correct and are incorporated herein by reference. Section 2: The Village Council supports the formation of the 2020 Florida League of Cities Legislative Action Agenda. Section 3:The Village Council hereby adopts as priorities legislation which maintains municipal Home Rule, sales tax fairness, short-term rentals, transportation funding, rail safety, municipal regulation of annexation that eliminates enclaves, funding sources for programs and projects for water quality preservation and enhancement, and right of way protection and the ability to regulate wireless communication equipment on Village property within Village rights of ways. Section 4: The Village Clerk is directed to forward a copy of this resolution to the members of the Florida League of Cities and all local representatives. Section 5: This resolution shall take effective immediately upon its adoption. ;p Oi iF0 q AFM m� RESOLUTION Date 53-19 11/14/2019 Motion Second Vice-Mayor Kristi Johnson Council Member Kyle Stone VOTE FOR ADOPTION AGAINST ADOPTION ABSENT Mayor Abigail Brennan 1_ Vice-Mayor Kristi Johnson 1 n n Council Member Vince Arena 1 n n Council Member Laurie Brandon 1 Council Member Kyle Stone The Mayor thereupon declared the Resolution duly passed and adopted. G ,®F,,T" • MAYOR OF TEQUESTA ATTEST: �v\'GORPO'4QG; .. v)s. � cQRp0'4L ;�_ 'npninmuwtl� , iii/4/4461/1 tY)iLL) Abigail =rennali Lori McWilliams, MMC Village Clerk Florida 's Cities HOME RULE _ LOCAL CONTROL WHAT IS A CITY IN FLORIDA? Under Florida's Constitution, municipalities are corporations-vested with broad governmental and proprietary powers. Each city is a corporation with a board of directors (council or commission) elected by the people (stockholders)to provide services and self-determination. Each city in Florida has a charter detailing its elections, administrative structure and scope of services. Details are found in policies, ordinances and administrative codes. 4 1 2020 FLORIDA LEAGUE OF CITIES LEGISLATIVE ACTION AGENDA HOME RULE CATALYSTS FOR ACTION Since 1968, Floridians have recognized the need A city is a key player in economic development, for cities to have Home Rule powers, as included business retention and regional commerce. in the Constitution [Article VIII, Section 2(b)] City leaders work with county, state and and ratified by the Legislature in 1973. This right federal resources to help provide new business gives each city the flexibility to craft its laws incubators, workforce placement, affordable specifically to its own unique needs. After all, with housing, educational and technical needs, and 412 cities ranging in size from Marineland (pop. public transportation. City leaders also help with 8) to Jacksonville (pop. 907,093), one size does ; redevelopment when an area is faced with blight or not fit all.This right means any city can adopt l struggles to overcome other challenges. its laws so long as the law doesn't conflict with state or federal law. Cities in Florida are not "of" REVENUES AND EXPENDITURES the state, but "in" the state; it's an important I Florida's cities receive an average of half of their distinction between municipal authority and other revenues from user fees and charges for service. local governments. ' The largest sources of tax revenue come from the property tax; state shared revenue,which includes a WHY ARE CITIES CREATED? portion of the state sales tax and gas tax; and the Services and self-determination. Cities provide public service tax, also called utilities tax. Cities also their residents with essential services, such as water, rely upon intergovernmental revenue, grants, license wastewater, stormwater utilities, police, fire pre- fees and permit fees. vention and EMS, road building and maintenance, parks and recreation, land-use codes, planning and FOCUSED ON EXCELLENCE code enforcement, animal control, solid waste and Cities are the only optional level of local government recycling, neighborhood services, libraries and cem- in Florida. Cities must provide their services as cost eteries. Self-determination is the ability to make effectively as possible. Councils and commissions local decisions locally. Cities are citizen-driven rep- know their success often rests upon the bottom line resentative democracies with citizen engagement, and achieving their key goals with a balance of effi- citizen input and citizen leadership. ciency,effectiveness and innovation to create a city that residents are proud to call their hometown. 1 MUNICIPAL SERVICES Just as no two cities are alike, each city's menu of services is also different.The most important aspect of municipal services is that the services are creat- ed to meet the demands of the residents. Each city offers those services desired by its own citizenry. 2020 FLORIDA LEAGUE OF CITIES LEGISLATIVE ACTION AGENDA 1 5 • t,. 4 SALES TAX � y FAIRNESS dP� Aio , 4 ., 8 1 2020 FLORIDA LEAGUE OF CITIES LEGISLATIVE ACTION AGENDA II STATEMENT: On June 21, 2018, the U.S. Supreme Court issued an The Florida League of Cities SUPPORTS legisla- opinion in South Dakota v. Wayfair, overturning its tion to reform Florida's sales and use tax laws that earlier precedents in National Bellas Hess and Quill, apply to online/e-commerce sales from out-of-state and eradicated the decades-old "physical presence" retailers. Changes are needed to ensure in-state requirement for sales and use tax nexus.The case retailers are treated equitably. centered on a South Dakota law that imposes sales tax collection obligations on certain remote sell- BACKGROUND: ers, based on the dollar amount or volume of sales Forty-five states and the District of Columbia levy into the state.This "economic nexus" case impacts taxes on the sale of goods and certain services, in- thousands of state and local jurisdictions across the eluding those sold remotely. Florida's sales and use United States that impose a sales or use tax. tax is a 6 percent levy on retail sales of most tangi- ble personal property, admissions,transient lodg- The issue of fairness is an important one. Local ings, commercial rentals and motor vehicles.Addi- businesses, which sponsor youth sports teams or tionally, Florida has nine types of local discretionary help sponsor local fireworks displays or other ac- sales surtaxes (also referred to as local option sales tivities for their communities, are forced to collect taxes)that are currently authorized in law and and submit sales taxes on items they sell in their represent potential revenue sources for counties, communities.The cost of these goods then can be municipalities and school districts.The local dis- higher because the out-of-state or international cretionary sales surtaxes apply to all transactions seller is not collecting or remitting sales taxes.This subject to the state tax imposed on sales and use gives these "foreign" businesses an unfair advan- tax.The local discretionary sales surtax rate varies tage. Local businesses ultimately become nothing from county to county, depending on the particular more than local showrooms for goods ultimately levies authorized in that jurisdiction. bought online. 1 Florida is one of only two states that levy sales tax that has not enacted an economic nexus or similar remote sales tax policy. Source: Sales Tax Institute 2020 FLORIDA LEAGUE OF CITIES LEGISLATIVE ACTION AGENDA] 9 I--.:- _-__----,,._ --_-___-- ____________ , .M = �tltr,3c0 lit -J '' � 5 <, :::;::--TZ:---f--:;:'I'::T-1-:::--t---:1:---:-A1,,:---:::::7----,I-7,:::::7„,----;,„.--i„--:„.,.,„ ,..„.,„:„.., ,,_ , , , ,z. , _ , . ,,, , _ .,,,. , _ ,z, __ , _z:,_____=7:,__ .-„,,,,,,,;-z.„....__,,,, 1 , , ..- z /, ,, z.,-„,„,,,,,,,,..„,„_.:.,,,_ - , , - - ,,,....„___ , . _ -: %;:..„, . z_ _„z.zzz..._ ____, _ z, ,_,,,, _ _ ,_ ..z _ .,.. ____„,s. ,,,,lay ---_,,-- -- --- -- , _ _ _„ - „., -� ' °idol%/ 1111_1- i ISio' / % ' ria_-- _ pi yr r SHORT-TERM RENTALS ; STATEMENT: BACKGROUND: The Florida League of Cities SUPPORTS legislation In 2011,the Florida Legislature prohibited cities providing for a collaboration between the Florida from regulating short-term vacation rentals. A Department of Business and Professional Regu- short-term vacation rental is defined as a property lotion and cities to ensure that short-term rentalthat is rented more than three times a year for properties abide by state and local regulations and less than 30 days at a time.The legislation passed be properly licensed and insured, are complying with in 2011 included a provision that"grandfathered" state and local taxation requirements, and comply any ordinance regulating short-term rentals prior with industry-accepted safety practices.The Florida to June 1, 2011. Since that time, a number of cit- League of Cities SUPPORTS legislation clarifying ies, both "grandfathered" cities and those that did that existing, grandfathered municipal short-term not have an ordinance in place, have experienced rental ordinances can be amended if the changes problems with these properties.The effect of the being made are equal to or less restrictive than the2011 law is that two separate classes of cities were current regulation in place. I created respective to short-term rentals:those with Home Rule authority and those without. 10 ! 2020 FLORIDA LEAGUE OF CITIES LEGISLATIVE ACTION AGENDA RATIO OF SHORT-TERM RESIDENTIAL RENTALS TO PERMANENT HOUSEHOLDS Massive negative impact on neighborhood character,quality of fife and housing affordability Few short-term rental related issues l I —� o 20% ° The #1 FL County in tn o s 15% terms of STRs has ° v 14.5x as many STRs ` s 10% per household as the o statewide average! y 5% hi N State Avg. =1.7% 0% h 0 OIIIiII.L .1.. 1ana ns-*ae_.r....mE-.>.m.".._ NfANlLrnnBlgwmt�gc' oorFA coYMIii O �m C�C7cO�c V>Gcc„c"oEcc�xm mm.xa> 2 'NC=C ] aTN um �N O LRua j6,'mF catii0v2mu�xiWmN 3 a 8 Source:Host Compliance;Florida Department of Business and Professional Regulation. attorneys believe these ordinances are"frozen" and In 2014,the Legislature passed SB 356 (Thrasher), any future amendments would cause a loss of the which diminished the preemption on short-term "grandfather."The problem with this is twofold. First, rentals.The 2014 law allows local governments to with the rise of popular rental websites like Vrbo and adopt ordinances specific to these rentals so that Airbnb making it easier to advertise and rent these they can address some of the noise, parking,trash properties,the number of properties used as short- and life-safety issues created by their proliferation term rentals in Florida has exponentially increased in residential neighborhoods. Unfortunately, SB 356 in the last four years. Second, as a result of this left in place existing statutory language stating enormous growth in the rental market,the scope of that cities cannot "prohibit"short-term rentals or I the problem has changed and ordinances adopted regulate the duration or frequency of the rental. before 2011 may no longer be effective. Those cities fortunate enough to have had an It is important to note that many of Florida's larger ordinance in place prior to the 2011 preemption are cities(with a larger professional staff)fell into the still allowed to regulate short-term rentals, but grandfathered category.They have retained the the question remains whether these ordinances ability to regulate these properties through zoning will continue to be valid if amended. Some city and may have duration and frequency requirements. 2020 FLORIDA LEAGUE OF CITIES LEGISLATIVE ACTION AGENDA 111 Some of these cities may want to amend their ordi- become increasingly popular in the last five years. nances to adjust to a changing problem.They are l Because a city cannot"prohibit"these properties, reluctant to do so out of fear of losing their existing they are powerless to exclude them from residential ordinance and with it their Home Rule authority neighborhoods.As a result, investors, many of whom relating to short-term rentals. Recognizing that the are located out of state or even in a different country, ordinances on the books are no longer effective, cit- have purchased or built single-family homes with the ies want the ability to come up with solutions that sole intent of turning them into short-term rentals. work for their respective community, but because of the potential loss of the "grandfather," they are Cities use zoning as a tool to prepare for their future unable to do so. It is important to note that any growth and also use it to control where commercial potential amendments to existing ordinances would and residential properties are located. Hotels have be vetted through numerous public hearings that different infrastructure needs than single-family res- allow neighboring homeowners, short-term rental idential properties.As residential neighborhoods are owners, property managers and local businesses to developed,the infrastructure installed is designed for weigh in on proposed legislation. the future use of the properties. Many neighborhoods have infrastructure in place with capacity for up to Cities without short-term rental regulations in eight people per house. Now there are houses in these place prior to June 1, 2011, have had their zoning very same neighborhoods that sleep more people authority stripped and are now seeing these rentals than the number originally planned for, placing a sig- completely overtaking residential neighborhoods. nificant strain on existing infrastructure.Commercial Long-time residents are moving out as a result, and properties like bars, hotels and restaurants typically the residential character of traditional neighbor- need more parking than a single-family property,as hoods is slowly being destroyed. well as have different operating hours and experience greater noise levels.The current law removes import- The impacts of problematic short-term rentals on ant land use and zoning tools that will impact how a neighboring residents are felt in a number of ways: city plans for future growth and levels of service. The Hotel Next Door-Commercial Activity in 1 Noise Complaints Residential Neighborhoods In areas where short-term rentals are situated, Houses that sleep 26 people are now present in what many neighboring residents complain of the noise were once traditional neighborhoods. Because of the generated by the vacationing renters next door. inability to regulate the duration of a renter's stay, 1 When people go on vacation, often their behavior these houses could experience weekly, daily or even changes.They may stay awake later, consume more hourly turnover. Obviously,the constant turnover alcoholic beverages throughout the day or partici- of renters creates a number of issues for cities and pate in recreational activities that they would not neighboring property owners. Prior to the preemp- participate in while at their own homes, such as tion, local governments were able to regulate this swimming at midnight with music blaring. For those activity through zoning. Short-term rentals have I homes located near water, a lake or the ocean, it 12 12020 FLORIDA LEAGUE OF CITIES LEGISLATIVE ACTION AGENDA is important to note that sound travels easily over Revenue Issues water- and residents located hundreds of yards As stated earlier, a property rented more than away may be the ones calling and complaining to j three times a year for less than 30 days at a time the police and their local elected officials. meets the vacation rental definition and should be licensed by the state.The Department of Business Some cities have noise ordinances, but these have and Professional Regulation (DBPR) is tasked with proved problematic to enforce. One such example is investigating unlicensed vacation rentals but lacks Lighthouse Point. Its ordinance requires sustained the resources needed to fully investigate every noise over a certain decibel threshold for 10 minutes. complaint. Unlicensed vacation rentals could be Many times after the police arrive at a residence, costing Florida millions of dollars each year from the noise dies down.These renters may leave the lost licensing revenue. next day with new ones replacing them.The new renters are often unaware of the noise ordinance or Licensed short-term vacation rentals and hotels are past complaints and may cause the same problems. also required to charge a sales tax to renters and The out-of-state property owner may not even be then remit this back to the state. Many licensed and aware of the problems created by their renters and unlicensed vacation rentals are not doing this.The with the constant turnover.The problem ends as one Florida Department of Revenue (DOR) has limited renter leaves and begins again as new renters arrive. resources and cannot adequately monitor these This causes a significant drain on law enforcement transactions, costing the state millions of dollars in resources.When a law enforcement officer is called lost revenue. Similarly, short-term rental owners in to respond to noise complaints,one less officer is on some counties are required to collect and remit the the street either preventing or solving crimes. tourist development tax to the state. DOR is often unable to track down the vacation rental owners Impacts on Emergency Response Times who are not paying the tourist development tax. Many short-term rentals are located in single-fam- ily neighborhoods. In most cases,the driveway was The Legislature began the conversation on short- built to accommodate two or three vehicles.When term rentals in 2014,and the Florida League of you now have a renovated house that acts as a small Cities supported both HB 307(Hutson)and SB 356 hotel,there will be more than three cars needed to get (Thrasher).The bills were a step in the right direc- these renters to the property.This leads to cars that tion, but they only partially restored Home Rule to are parked on the street, making it difficult for emer- Florida's cities.Cities are still prevented from reg- gency vehicles to respond to emergencies and causes ulating the duration and frequency of the rentals, increased response times in these neighborhoods.Cit- and local zoning does not apply to these properties. ies have begun to adopt ordinances creating parking Without the ability to regulate these key areas, local standards for short-term rental properties. Unfortu- governments will not be able to adequately address nately,these ordinances only solve the parking issue , the problems associated with these properties. 1 but fail to address any of the other issues created by this commercial activity in residential areas. 2020 FLORIDA LEAGUE OF CITIES LEGISLATIVE ACTION AGENDA J 13 ( I „,,, d f ttv taw TRANSPORTATION , - , , , , ,, , FUNDING „- u ..... A. STATEMENT: to live, work and spend their free time. For more The Florida League of Cities SUPPORTS than 60 years, the federal government has helped legislation that will provide local governments ; states pay for highway repair and construction with new and innovative revenue options and through the Highway Trust Fund (HTF), which resources to finance critical infrastructure, relies primarily on federal gas tax revenue. But maintenance and construction needs to meet the in recent years, inflation and the growth in the ever-changing transportation demands driven by number of both electric and more fuel-efficient dramatic population growth and new technology gas-powered vehicles means that drivers are (autonomous vehicles) throughout Florida. buying less gasoline and paying less gas tax. BACKGROUND: Declining gas tax revenue is not only affecting Transportation infrastructure is paramount to the solvency of the HTF but also the State Trans- prosperity of all cities. It greatly affects quality of portation Trust Fund (STTF) in Florida. Recently, life by influencing peoples' decisions about where I Florida economists have predicted $120 million 14 12020 FLORIDA LEAGUE OF CITIES LEGISLATIVE ACTION AGENDA decline in funding going into the STTF over the 1 ipalities have limited revenue options for funding next five years. I transportation projects. For example, charter coun- ties may currently hold a referendum on whether to To compound the problem,the federal gas tax was j impose up to a 1 percent sales tax to fund transpor- last increased in 1997,the state gas tax in 1943,the tation infrastructure projects. Giving municipalities county gas tax in 1941 and the municipal gas tax in 1 the same transportation revenue options and/or 1971.The Fuel Sales Tax and the State Comprehen- indexing their local motor fuel tax rates are ways to sive Enhanced Transportation System Tax, which ' provide greater flexibility to fund their unique trans- are the State of Florida's portion of the motor fuel portation needs. tax rates, are adjusted once a year to account for inflation.A major portion of transportation funding With over 126 million visitors each year and more flows to municipalities through county, state and than 900 people moving to Florida each day,the federal taxes on gasoline. While the federal, state state's transportation infrastructure is rapidly and county governments have a variety of tools declining. Our roads and bridges are getting older available to address transportation funding, munic- and falling into disrepair, costing more to maintain and improve. Some of these increased costs are directly attributable to technological advancements STATE TAXES AND FEES DEPOSITED IN 1 that are necessary to implement a "smart trans- STATE TRANSPORTATION TRUST FUND portation infrastructure"where train stations, bus FISCAL YEAR 2018 stops, airports, and car- and bike-sharing stations (Amount in Millions) become integrated parts of one big open high- speed connected communications network. Local Option Distribution Documentary Stamp Tax $46,1% $297,8% ' Additionally, Florida's crumbling infrastructure and Rental Car Surcharge long traffic drive times affect public safety. Roads 3% I filled with potholes or instances where traffic is at a standstill directly impact the ability of police and firefighters to respond to accidents or crime scenes. Motor Vehicle License Fuel Taxes Related Fees Transportation projects are often the catalyst for $1,190,30% $2,294,58% economic development and the result of growth within a community. Florida's municipalities need a transportation program that adequately funds our state's transportation needs, takes a smart approach to all forms of transportation, and provides local governments with the Source:Transportation Revenue Estimating Conference (12/06/18),Documenting Stamp Tax Revenue Estimating certainty they need for planning and funding Conference(12/18/18). I transportation projects. I 2020 FLORIDA LEAGUE OF CITIES LEGISLATIVE ACTION AGENDA 1 15 "ems,, .tea WATER , , ...„ ...„.„...„.___, .. :, 4 _ _ . , RESOURCES , _ _ _ , . _ ... .. ..+. _ ,, . ..„.,,,,,,..N‘ :- -- _ .. _,, ..4-.mss : *,,, - -, PHOTO©GETTVIM AGE S 16 12020 FLORIDA LEAGUE OF CITIES LEGISLATIVE ACTION AGENDA I 1 STATEMENT: tices and intergovernmental coordination. Water is an essential public asset that benefits ► identifies potential sources of funding or Florida's economy, residents,visitors and environ- financing. ment. Presently, Florida spends less than 1/10 of 1 percent of its entire state budget on water supply BACKGROUND: and water quality improvements. Water is an essential public asset that benefits Florida's economy, residents,visitors and envi- The Florida League of Cities SUPPORTS legislation i ronment. to address Florida's water quality crisis and water # Florida's ability to meet its future water needs supply deficiencies that: exceeds available supply and infrastructure. ► provides for an annual assessment of the I ► As much as $48.71 billion may be needed over state's water infrastructure and water quality the next 20 years to meet needs for drinking improvement needs at the state, regional and water and wastewater, flood control, nutrient local levels. pollution, Everglades restoration, and beach and ► establishes a framework for a state water infra- inlet erosion. structure and water quality funding program ► The State of Florida should obtain an accu- that includes objective criteria tied to beneficial rate assessment of current and future water returns on investment, sustainable utility prac- infrastructure needs, identify potential funding In Florida: $16.5 in coastal property in Florida that is not at risk today could flood at high tide by 2030 is needed over the next 20 years in drinking water infrastructure improvements. 1 Source:EPA Drinking Water Infrastructure Needs Source:"Come Heat and High Water:Climate Risk in the Southeastern Survey and Assessment-Fifth Report to Congress, U.S.and Texas,"July 2015,Risky Business Project. September 2015. 2020 FLORIDA LEAGUE OF CITIES LEGISLATIVE ACTION AGENDA I try There r r over _± water body segments t ' throughout Florida y _ impaired for water quality , o 1111 i 1 Mr me ti is needed f wastewater infrastructure improvements Source:EPA 2015 Drinking Water Infrastructure Needs Survey and Assessment,Florida. sources, and develop a long-term water supply and water quality funding program based on %„. ,0 identified needs, objective criteria, and intergov- ernmental partnerships and coordination. ► Legislation is needed to direct the Department of Environmental Protection to develop a com- prehensive and need-based assessment of the state's water resources, including an assess- ment of the funding needed to meet current and future demands. • Legislation should also identify potential funding sources for a long-term, dedicated and recurring source of state funding for water supply and water t quality improvement projects and measures. ► Legislation should establish the framework for a water supply infrastructure and water quality improvements grant program with local match Source:Department of Environmental Protection requirements and transparent funding criteria. I 2018 Comprehensive Verified List. 18 12020 FLORIDA LEAGUE OF CITIES LEGISLATIVE ACTION AGENDA