Miami-Dade Legislative Item
File Number: 083390
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File Number: 083390 File Type: Resolution Status: Adopted
Version: 0 Reference: R-1434-08 Control: Board of County Commissioners
File Name: URGING FUND ROADSIDE BEAUTIFICATION PROGRAMS Introduced: 11/21/2008
Requester: NONE Cost: Final Action: 12/16/2008
Agenda Date: 12/16/2008 Agenda Item Number: 11A8
Notes: Title: RESOLUTION URGING THE FLORIDA LEGISLATURE AND THE FLORIDA DEPARTMENT OF TRANSPORTATION TO FUND ROADSIDE BEAUTIFICATION PROGRAMS AT NO LESS THAN 1.5 PERCENT OF THE COST OF CONSTRUCTION PROJECTS; AND TO RETAIN EXISTING LANGUAGE IN STATUTE THAT REQUIRES FDOT TO SPEND NO LESS THAN 1.5 PERCENT OF CONSTRUCTION COSTS ON ROADSIDE BEAUTIFICATION PROGRAMS
Indexes: URGING
Sponsors: Dennis C. Moss, Prime Sponsor
  Sen. Javier D. Souto, Co-Sponsor
  Audrey M. Edmonson, Co-Sponsor
  Barbara J. Jordan, Co-Sponsor
  Dorrin D. Rolle, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 12/16/2008 11A8 Adopted P

Budget and Finance Committee 12/9/2008 2N Forwarded to the BCC by the BCC Chairperson with a favorable recommendation P
REPORT: Assistant County Attorney Jess McCarty read the foregoing proposed resolution into the record. Chairman Martinez questioned whether the proposed 1.5% of the road construction cost for roadside beautification programs would be in addition to the funding for the project or would it be deducted from the overall cost. Assistant County Attorney McCarty advised 1.5% of the total project cost would be set aside for roadside beautification programs. Commissioner Souto asked that he be listed as a co-sponsor. Hearing no other questions or comments, the Committee proceeded to vote. Chairman Martinez asked staff to prepare the appropriate memorandum to the Board of County Commissioners' Chairman Bruno A. Barreiro requesting that the Board's Rules and Procedures be waived to allow the foregoing proposed resolution to be heard at the December 16, 2008 County Commission meeting.

County Attorney 11/21/2008 Referred Budget and Finance Committee 12/9/2008

County Attorney 11/21/2008 Assigned Jess M. McCarty 11/24/2008

Legislative Text


TITLE
RESOLUTION URGING THE FLORIDA LEGISLATURE AND THE FLORIDA DEPARTMENT OF TRANSPORTATION TO FUND ROADSIDE BEAUTIFICATION PROGRAMS AT NO LESS THAN 1.5 PERCENT OF THE COST OF CONSTRUCTION PROJECTS; AND TO RETAIN EXISTING LANGUAGE IN STATUTE THAT REQUIRES FDOT TO SPEND NO LESS THAN 1.5 PERCENT OF CONSTRUCTION COSTS ON ROADSIDE BEAUTIFICATION PROGRAMS

BODY
WHEREAS, national studies indicate that green, permeable areas and a healthy urban forest provide economic benefits that exceed the cost of installation and care, including an average seven percent (7%) to 20 percent increase in property values, higher consumer preference, perception and economic willingness-to-pay in tree-lined commercial areas, reduction of energy costs, the uptake of atmospheric CO2 and excess stormwater that offsets the need for infrastructure investments; and
WHEREAS, Executive Order 07-128, signed by Governor Charlie Crist on July 13, 2007, states that global climate change is one of the most important issues facing the State of Florida this century, and directs the Florida Governor's Action Team on Energy and Climate Change to identify land use and management policies that improve the long-term storage of carbon in Florida's biomass; and
WHEREAS, landscaping along public rights-of-way create urban form and identity and improve aesthetics that furthers the goals and objectives for the “Great Streets” component of the Miami-Dade County Open Space Plan; and
WHEREAS, section 334.044, Florida Statutes, currently requires the Florida Department of Transportation (FDOT) to allocate no less 1.5 percent of the amount contracted for FDOT construction projects to beautification programs to “provide for the conservation of natural roadside growth and scenery and for the implementation and maintenance of roadside beautification programs”; and
WHEREAS, during the 2008 regular session, the Florida Legislature passed H.B. 5067, which among other provisions, would have eliminated the requirement that FDOT allocate at least 1.5 percent of the amount contracted for FDOT construction projects to roadside beautification programs; and
WHEREAS, H.B. 5067 instead provided a cap of 1.5 percent on FDOT beautification programs, providing that FDOT may spend “up to” 1.5 percent on beautification programs, but not requiring FDOT to spend any funds at all on beautification programs; and
WHEREAS, when H.B. 5067 reached the Governor’s desk, he vetoed the bill because of other provisions included in the bill; and
WHEREAS, notwithstanding the veto of H.B. 5067, funding for roadside beautification programs was removed from the FDOT Five Year Work Program for the current State Fiscal Year 2008-09; and
WHEREAS, it is anticipated that legislation will again be filed for consideration during the 2009 session to eliminate the 1.5 percent set-aside for roadside beautification programs; and
WHEREAS, maintaining a high aesthetic value in the public domain is in the best interest of the community at large; and
WHEREAS, the Community Image Advisory Board passed a resolution on November 19, 2008 urging the Miami-Dade Board of County Commissioners, the Miami-Dade Expressway Authority, and the municipalities in Miami-Dade County to include in their 2009 State Legislative Packages an item urging the Florida Legislature and the Florida Department of Transportation to fund roadside beautification programs at no less than 1.5 percent of the cost of construction projects and to retain existing language in statute that requires FDOT to set aside no less than 1.5 percent of construction costs on roadside beautification programs, a copy of which is attached and incorporated by reference,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Urges the Florida Legislature and the Florida Department of Transportation to fund roadside beautification programs at no less than 1.5 percent of the cost of construction projects and to retain existing language in statute that requires FDOT to set aside no less than 1.5 percent of construction costs on roadside beautification programs.
Section 2. Directs the Clerk of the Board to transmit a certified copy of this resolution to the Governor, the Senate President, the House Speaker, the Chair and Members of the Miami-Dade County State Legislative Delegation and the Secretary of the Florida Department of Transportation.
Section 3. Directs the County's state lobbyists to advocate for the passage of the legislation set forth in Section 1 above, and directs the Office of Intergovernmental Affairs to include this item in the 2009 State Legislative Package.



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