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Monday, February 1, 2010

South Florida news media ignores Broward Courthouse Taskforce shenanigans planned for Tuesday by Usual Suspects, not taxpayers; Judge Victor Tobin enlists legal eagles to come to rescue

So, did you hear about the Broward County Commission meeting on Tuesday morning at 10 a.m. where the future of the Broward Courthouse will be discussed?
Hundreds of millions of dollars are involved.

If not, don't worry, that's the way the Broward County Commission wants it.
In that regard, they rely heavily on the apathetic South Florida news media, who'll no doubt make
excuses, after-the-fact, for why they haven't mentioned this topic AT ALL before the meeting
actually happens.

Meet the New Media, Same as the Old Media!

Here's how it looks on tomorrow's agenda, but I have it printed out in full at the bottom.


15.






Attachments

Exhibit 1 - Final Report 2009

Exhibit 2 - Master Plan Phases 1 - 3

Exhibit 3 - New Courthouse - Conceptual Footprint

Exhibit 4 - Summary of Borrowing Options

Exhibit 5 - Comparison of Voted & Non-Voted Debt


Consider this.
This is what Comm. Ken Keechl said exactly a year ago about the Courthouse.
Sounds pretty realistic.
http://www.broward.org/kenkeechl/02_09_newsletter.pdf

But that was before the rigged Broward Courthouse Task Force, under Comm. Ilene Lieberman,
had time to really work in earnest to figure-out some way that they could legally evade the referendum that would be required if the Commission voted to make this a bond issue, with voters getting the ultimate thumbs up or down.
And we know that would be a heavy thumbs down, don't we?

Broward County Judicial Complex
Broward County Courthouse, with jail north of it, to the left. With delightful river-views!

You can be excused for wondering why you haven't heard anything about Tuesday morning's Commission meeting that will discuss the Courthouse.
It's not your fault.
Really.

Neither the Herald or the Sun-Sentinel have mentioned this subject in print or online since last September, when the Guest Op-Ed below, purported to have been written by Comm. Stacy Ritter, was published in the Sun-Sentinel.
Whether she actually wrote this or just signed it is not the point.
The real point is that once again, on something very important, South Florida's news media has shown they were sleeping on the job.

Not that anyone in local TV has anything to brag about in this.
Are you kidding?

Did you EVER see anything last year on TV about the ties that the members of the Lieberman-led Taskforce had to the Broward legal establishment here, who desperately want a brand new pony?
Preferably, with a brand-new barn and a lifetime supply of feed.
On your dime.

Nope.
There never was one

Did you ever read in the newspaper or see anything on local TV about how Comm. Lieberman put herself on the committee, and thus ends up with two votes on this matter?

Ever read or hear anything about why Comm. Stacy Ritter appointed Bruce Rogow to the Courthouse Task Force after she'd earlier appointed him to the Charter Review Commission, which
just ended in 2008?

Is there really such a complete lack of qualified people in Broward County -or genuine fear of diversity of opinions?- that the same old faces have to appear, over-and-over?

Bruce Rogow, really?
The same guy who continually made ridiculous alibis and excuses for Broward's elected officials, over-and-over, in the Charter Review Committee meetings?

The same Bruce Rogow who was recently making $375 an hour off of Hallandale Beach taxpayers for reasons that most of the HB City Commission still can't logically explain?
Yes.

In case you forgot, that's the same Lieberman I continually wrote about last year on my blog
that didn't follow basic aspects of the state's Sunshine Laws, and instead, tried to fool
the public by arranging for the agenda and assorted public docs for the last meeting, which should've been online days before, to be placed online HOURS AFTER the
last meeting was over.
http://hallandalebeachblog.blogspot.com/search?q=Ilene+Lieberman

Really.
Not that they actually had the final public meeting listed online days before the meeting, since they didn't, and which I wrote about at the time.
And Lieberman was the one in charge -the Chair.

The answer to that long-winded question is also a big fat NOPE.
There never was one story about any of those aspects of the Task Force
Now you know the truth.

There you have it, a snapshot of South Florida's not so gung-ho news media, circa February 2010
-asleep at the wheel.

The Jordana Mishory article from the Daily Business Review last week that I link to below features one of the most gallingquotes you'll ever see.

In case you've been under a rock, Judge Victor Tobin is the genius in charge of the statewide task force investigating corruption.

Mishory
writes: "He also encouraged the lawyers to run for state Legislature, saying nonlawyers in Tallahassee don’t understand the justice system and the separation
of powers."


So now you know what citizen taxpayers are really up against.

I'll be at the meeting tomorrow afternoon for the public session that starts ar 2 p.m., filming the drama surrounding Agenda item 15.
Should be pretty interesting to watch the Broward Commissioners engage in verbal gymnastics to do
what they always wanted to do, despite Broward citizens being unalterably opposed by large margins.

But the reality is this -the Commissioners have contributor friends who need the contracting work,
so don't be surprised to hear some pretty crazy news emerge from Andrews Avenue tomorrow.


South Florida Sun-Sentinel
BROWARD COURTHOUSE NEEDS REPLACING NOW

September 30, 2009

When I became Broward County's mayor almost a year ago, I made rebuilding our courthouse a priority.

We are one hurricane away from not having a courthouse. Engineers say that the roof could blow off in a moderate hurricane, leaving us with no place to handle trials. In that case, we would be forced to replace the courthouse during an emergency at whatever cost is charged.

Almost everybody who steps into the aging building, from witnesses to the Sun-Sentinel Editorial Board, has repeatedly said a new courthouse is needed.

Why? The courthouse is the lynchpin of Broward's public safety, where everything from divorces to traffic tickets is decided. If you get robbed, or are hurt in a traffic accident, justice is found at the courthouse. The problems with the 60-year-old building are myriad and threaten public safety.

Because of overcrowding, criminal defendants are in close contact with the public. There are rats, roaches and corroding pipes, which leak sewer water. Bathrooms are often out of order. The aging elevators sometimes require two dozen service calls a week. The overloaded electrical system dates back to the 1950s.

In 2006, voters turned down a $500 million-plus courthouse plan. Voters believed it was too big and too expensive. Since then, the courthouse has gotten worse - closed at least three times because of burst pipes. The flooding caused ceilings to collapse, electrical equipment to fail and required extra deputies to transport prisoners to makeshift courtrooms.

To keep patching the building together is costly and wasteful. With this in mind, I appointed a task force under County Commissioner Ilene Lieberman to tackle this decades-long problem. To insure the public that those on the task force would not benefit financially, no one doing business with the county was a member. After multiple public hearings and hours of expert testimony, the task force developed a sensible plan:

Smaller and less expensive than the 2006 rejected proposal, it would cost $328 million, down from more than $500 million. It will be 17 stories rather than 25 stories, and 675,000 square feet, rather than 893,000 square feet.

It is doable. The County Commission approved the plan in early August. We already have $120 million set aside to pay for the building. As time passes, the need for a new courthouse only increases, and will just get more expensive the longer we wait. We need it now.

Stacy Ritter is mayor of Broward County.

---------
FYI: Jordana Mishory is a Medill grad.
Daily Business Review

Broward Courthouse
Chief judge considers legal remedies if county rejects bond

By Jordana Mishory
January 22, 2010

Broward Chief Circuit Judge Victor Tobin is recruiting lawyers to attend a Broward County Commission meeting on a bond issue for courthouse construction and is considering legal remedies to ensure the county provides a safe and adequate building, he said Thursday in his state of the circuit speech.

Tobin said drastic matters may be needed to deal with the decrepit wing of the downtown Fort Lauderdale courthouse, but he stopped short of threatening a lawsuit.

Read the rest of the story at:
http://www.dailybusinessreview.com/news.html?news_id=60007

See other DBR stories on the Broward Courthouse at:
http://www.dailybusinessreview.com/related_news.html?cluster_id=980


http://205.166.161.204/agenda_publish.cfm?mt=ALL&get_month=2&get_year=2010&dsp=agm&seq=4651&rev=0&ag=165&ln=27918&nseq=&nrev=&pseq=4696&prev=0#ReturnTo27918

AI-4651 Item #: 15.
Broward County Commission Regular Meeting
Date: 02/02/2010
Director's Name: Pete Corwin
Department: County Administration

Information
Requested Action
MOTION TO DISCUSS and determine the method of financing for the new courthouse complex.
Why Action is Necessary
Board direction is required to determine how to fund the new courthouse complex.
What Action Accomplishes
Provides staff direction to take the necessary steps to finance a new courthouse.
Is this Action Goal Related

Previous Action Taken

Summary Explanation/ Background
Background

On August 5th, the Board approved the Courthouse Task Force’s final report (Exhibit 1). The Board agreed that a new courthouse should be constructed on County owned land at the corner of SE 6th Street and SE 1st Avenue; which is the site of the 400 space Judicial Garage. The Board also amended the agreement with Spillis Candela, Heery, Cartaya Joint Venture to design the new courthouse. The Board discussed the Task Force recommendation to fund the courthouse utilizing non-voted debt and discussed the advantages and disadvantages of voted and non-voted debt; however, the Board postponed a decision on financing the courthouse. The Mayor directed staff to bring the issue to the Board for determination.

Project Status

The consultant team has completed the architectural program totaling 674,000 sq ft to meet the space needs of the courthouse agencies plus one shell floor (34,000 sq ft) to provide for future expansion. The team also developed a master plan (Exhibit 2), consistent with the recommendations of the Task Force. The master plan provides for a judicial campus on County owned property that will meet the space needs of the courts for well over thirty years. The consultant team also developed over 30 design schemes for the courthouse footprint, which were reviewed by County staff with input from the courts. After detailed analysis using selection criteria which included site constraints, building and functional efficiency, natural lighting, way-finding, best practices, and cost , the team selected an “L” shape footprint (Exhibit 3) as the preferred conceptual configuration for the building. The 20 story structure will include 74 litigation spaces for judges and general masters; provide secure separation of the public, judges, inmates and juvenile detainees; centralize Court Administrator functions; include space for Clerk of Court and State Attorney functions; and will be an environmentally friendly and energy efficient building designed to achieve LEED certification.

The consultant team has initiated the schematic design phase of the project during which they will complete architectural massing and elevation studies to represent the preferred design solution for the building. Conceptual floor plans will be developed for each level during this phase, responding to the architectural program requirements. Preliminary project descriptions, with a narrative of engineering systems and material selections, will be provided so that a more detailed project cost can be prepared.

Schematic design will be completed in mid-March and will be followed by the design development and construction document phase to produce the design drawings used to bid the project. Since these drawings must conform to the most current building codes, staff does not recommend proceeding with design development until a financing plan is in place. If the project is delayed pending financing, the design development drawings would likely require significant and potentially costly modifications.

Project Costs
The following provides a summary of the $328 million projected project costs:

• Courthouse, Demolition, Landscaping, Connectors and 120 Secure Parking Spaces
($281.5 million)

• 1,380 Parking Spaces ($34.5 million)

• Remodel Midrise ($4 million)

• Additional North Regional Parking ($8 million)

Staff and the consultant team is committed to designing the project within the project budget including the prospect of bidding the project next year at a time when the construction market is expected to remain “soft”. In addition, the project estimate does not include a separate allocation for public art since the consultant team will integrate art into the design of the new courthouse. The cost to add parking to the North Regional Courthouse may be less than projected if we can add capacity within the existing structure.

As the project has taken shape over the past several months, several items have been indentified that will have to be taken into consideration when designing the courthouse and developing the detailed project budget. The initial project budget did not contemplate any remodeling in the East or North Wings. As the consultant completed the space program, it became clear that several State Attorney units that support judges in the North Wing (felony courts) should be located in the East or North Wings. By consolidating Court Administration and the administrative functions of the Clerk of Courts in the new courthouse, space can be freed up in the East and North Wings for the State Attorney. The team also identified additional work necessary to make the East Wing functional after the old courthouse is demolished. With the assistance of our construction project manager (Weitz), staff and the consultant team will design the courthouse so that the project is completed at or under the project budget.

Financing the New Courthouse

The County has $60 million in the budget for courthouse capital projects plus $60 million for a new jail which is not needed due to reductions in the inmate population. If additional jail capacity is needed in the future, the 700 bed Stockade can be reopened. By utilizing $120 million in cash, the County can reduce the amount of borrowed funds needed for the projects to approximately $208 million.

The key policy questions for the Board to address are:

• What is the best time and method to borrow the $208 million to finance the project?

• What funds will be used to pay the annual debt service on the bonds?

• What is the impact of the annual debt service payments on the millage rate and
taxpayers?

The County’s Financial Advisor prepared a summary of several borrowing options (Exhibit 4). While there are several options available to the County for financing the courthouse project, the fundamental choice is between voted and non-voted debt. There are pros and cons of each method.

Voted debt (General Obligation bonds) has several advantages. Debt service is paid with property taxes that are not included in the County’s General Fund and operating millage rate; interest rates are lower than non voted debt; and no debt service reserve is required.

The key advantage to non-voted debt is that financing can proceed immediately allowing the County to take advantage of a very soft construction market; take advantage of historically low interest rates; and utilize Build America Bonds before they expire December 31, 2010. Non-voted debt service payments are paid with general revenues and the millage required to fund debt service is included in the General Fund under the 10 mill cap limitation.

The total debt service on $208 million ranges from $12 to $14 million per year. The Court Facilities Fee can be used to pay $5 million per year of the debt service on the bonds ($1million/year from rent savings plus $4 million/year from increase in the fee). Therefore, by utilizing $5 million/year in courthouse facilities fees, the amount of property taxes needed to support the bonds is reduced to approximately $7 to $9 million per year.

A key variable in the annual debt service payments is whether the County issues Recovery Zone and Build America Bonds (BABs), which can significantly lower borrowing costs, but must be issued by December 31, 2010. The County has been allocated $40 million in Recovery Zone Bonds which provide a 45% credit towards interest payments. There is no limit on the amount of Build America Bonds that can be issued and they provide a 35% credit towards interest payments. The reduction in interest payments are based upon the Federal Government providing “rebates” and carry the risk that the Federal Government will suspend or eliminate the “rebates”. As shown in Exhibit 5, the annual rebate averages approximately $3 million per year. The Federal program is available for both voted and non-voted debt; the bonds are taxable; and bonds must be issued no later than December 31, 2010 unless the program is extended by Congress.

The County’s Financial Advisor compared four borrowing scenarios based upon current market conditions:

• Voted Debt with Build America Bonds

• Non-Voted Debt with Build America Bonds

• Voted Debt without Build America Bonds

• Non-Voted Debt without Build America Bonds

Based on current market conditions, Exhibit 5 calculates the total amount borrowed (including issuance, underwriters costs, and revenues); total average annual debt service; tax supported annual debt service (netting out the Courthouse Facility Fee and Federal interest “rebate”); the “all in” interest rate (TIC); and total debt service. The following chart summarizes the annual debt service and “all in” interest rate for each alternative:


OPTION ANNUAL DEBT SERVICE TIC
• Voted Debt with BAB’s $6.9 million 3.85%

• Non Voted Debt with BAB’s $7.5 million 4.11%

• Voted Debt w/o BAB’s $8.1 million 4.68%

• Non Voted Debt w/o BAB’s $9.3 million 5.34%



Based on current market conditions, the lowest cost option would be voted debt utilizing Build America Bonds; however, a non-voted issue utilizing Build America Bonds is more attractive than a GO issue without Build America Bonds.

Policy Questions
Given the information presented above:

1. What is the best time and method to borrow the $208 million to finance the project? Voted debt offers lower borrowing costs, but if the Board elects to finance the project with voted debt and voters do not approve the bond issue, the County could miss historically low interest rates, BAB rebates from the Federal Government and a soft construction market.

2. What funds will be used to pay the annual debt service on the bonds? The total debt service payments on $208 million will be approximately $12 to $14 million per year. Courthouse Facilities Fees will provide approximately $5 million per year. If voted debt is utilized, the difference will come directly from property taxes. If non-voted debt is utilized, general revenues will be pledged to make up the difference which ultimately impacts the general fund tax rate.

If the debt is incurred in the next 3 years, the increase in debt service payments can be offset by a $36.4 million per year decrease in voted debt service payments. In FY 10, total annual debt service taxes are $74.4 million and in FY 14 they will decrease to $38 million. These scheduled decreases in payments will occur as follows:

• FY11 $17.3 million

• FY12 $11.3 million

• FY13 $7.8 million

Total $36.4 million

3. What is the impact of the annual debt service payments on the millage rate and taxpayers? No matter which method of borrowing (voted or non-voted debt) is used, there will be an increase in debt service payments. If the debt is “voted”, the additional $7 to $9 million will be offset by the programmed $36.4 million decrease in existing voted debt service payments and likely result in a decrease in the “voted” millage rate depending on the tax roll for that year. If the debt is “non-voted”, the impact on the County operating budget and millage rate cannot be determined at this time, given the number of variables such as the tax roll, other increases/decreases in revenues and expenses, and the Board’s tax policy. The impact of the additional $7 to $9 million on the budget by itself would not require a supermajority vote since the County has developed ample capacity under the State-mandated maximum millage calculation by significantly reducing the County’s ad valorem tax levy each year for three years.

The following summarizes the impact on the average taxpayer based on the current combined millage rate (voted and non-voted) and current average taxable values:

• Current millage rate 5.3889 (4.889 operating plus .5 mills debt service)

• Less .25 mills decrease in voted debt service payments ($36.4 million/year)

• Plus .05 to .06 mills for new courthouse debt service payments ($7 to $9
million/year)

• Total millage rate – 5.1889 to 5.0789 (3.5% to 3.7% decrease)

• The impact of the $7 to $9 million debt service payment on the average
homeowner would be $8 per year, which would be offset by the reduction
of $37 per year in voted debt service payments over three fiscal years.

The Courthouse Task Force met on January 22nd and voted to reaffirm their recommendation that the Board utilize non-voted debt.

Fiscal Impact
Fiscal Impact/Cost Summary:
Total cost of courthouse projects is $328 million. There is $120 million available in the Capital Program in the courthouse and jail projects. The balance ($208 million) will be financed and supported by revenues generated in the Courthouse Facilities Fund and general operating revenues.

Attachments
Exhibit 1 - Final Report 2009
Exhibit 2 - Master Plan Phases 1 - 3
Exhibit 3 - New Courthouse - Conceptual Footprint
Exhibit 4 - Summary of Borrowing Options
Exhibit 5 - Comparison of Voted & Non-Voted Debt

The nexus of South Florida taxpayer dollars, sports teams and stadiums: Dolphins owner Stephen Ross' checkbook

36 years and counting for a 3rd Super Bowl Trophy...
Above, 2007 photo by Mario J. Bermudez

36
years and counting for a third Super Bowl Trophy...

That's what Stephen Ross really ought to be pre-occupied
with.

Things to watch for in the near future...

When
rather than whether billionaire Dolphin owner
and perpetual celebrity-collector Steven Ross uses
his wealth to pay for top-tier lobbyists to help him
put pressure on local pols to do his bidding, and try
to put taxpayers on the hook for HIS stadium
improvements.

It's rather perplexing, but not at all surprising,
that almost all of the articles I've read thus far
on his initial efforts in this regard have gone
out of their way NOT to mention specific
names and firms.

But citizen taxpayers WANT to know the
names and firms involved, and what's more,
want to see someone in the media -anyone?-
illuminate the connections (tentacles) of those
particular lobbyists to specific pols which are
considered solid enough for Ross & Company
to think they'll actually be a good investment.

For instance, is Steve Geller one of those
lobbyists? Have the Dolphins formed a PAC?
Personally, I'd like to know.

Simply saying Ron Book in a story is not really
taking this story to its logical conclusion since he's
a lobbyists for everyone, even Hallandale Beach.

I'd rather see a story about those aspects of this
story than hear yet another lame Super
Bowl 44
puff piece that puts a smile on host
committee head
Rodney Barretto's face.
http://www.miami.com/bowlbuzz

Lesson learned this far:
Ross
will spend his
money for lobbyists, just not for stadium

improvements for his own stadium.


While transferring what I'd originally written
here as an email this afternoon to my blog,
I recalled something I'd written before on my
other blog which incorporated some insightful
Herald stories from 1979 about Joe Robbie
and the problems he had back then with local
pols in Miami who dared him to move the team.

For those of you who weren't living here back then,
trust me, it helps to explain why things are the way
they are now: dysfunctional.

It explains why there is a football stadium on the
Broward-Dade county line and not in Miami,
and how the whole idea of using common sense
in placing stadiums and arenas near areas needing
development, and creating mass transit improvements,
thus allowing the tax dollars involved to produce their
largest possible multiplier effect, and give the largest
number of South Florida residents much-easier access
to attend, was instead replaced by ad hoc parochial
decisions that have shortchanged taxpayers millions
of dollars and wasted years of opportunities
.

Just imagine if the arena for both the Heat and the
Panthers
was near Joe Robbie Stadium and the
crucial Purple Metro Line
had been built.
Instead, we have the waste of resources we have.

Just in case you run into any problems reading those
old Herald articles I've included at the bottom,

move your mouse over them and right-click.

Hit "Open link in new window."

It makes the articles huge and easy to read.



And before I drop some recent articles that touch
on these matters, let's stop and look at a bigger
news story that nobody in South Florida's media
is talking about: how are tickets to Super Bowl 44
being distributed to elected officials?

Meant to post this email from ProPublica
a week ago, but...
Mieux tard que jamais!
http://www.propublica.org/


<span class=ProPublica Header" width="605" border="0" height="128">

Hi,

We need your help.

We need to know which members of Congress are attending this year's Super Bowl, and how they got their tickets. Would you help us call members of Congress this week and ask their staffers two questions: Did the lawmaker go to the Super Bowl last year, and is she or he planning to go this year?

Sign up here for our Super Bowl Blitz, and we'll get you calling instructions and phone numbers. As answers come in, we'll plug them into our online chart and our reporters will begin following the money trail.

The Super Bowl is America’s most expensive sports spectacle, and it has long been used to rub shoulders, gain influence and form ties that help congressional candidates raise the approximately $1 billion they spend on their campaigns every two years. While most of us can’t afford a ticket to the Super Bowl, we know the NFL sets aside a large number of them for public officials and corporations to buy at face value (the cheapest tickets are going for as much as $1,799 on StubHub). Politicians use the tickets to reward big donors, and corporations use them to reward politicians.

The stakes are extraordinarily high this year. The resurgent Republican Party’s victory in Massachusetts last week raises the likelihood of yet another record-smashing year of campaign fundraising in advance of congressional elections this fall. Last week’s Supreme Court ruling, which allows corporations and other groups to spend unlimited amounts of money on ads for or against sitting members of Congress, also will trigger a spending spree.

OK, but why do we need your help?

We're running short on time.

In the next two weeks we need to find out which members of Congress will be watching in the stands -- or perhaps peering down from skyboxes -- and then figure out how those members got their tickets. Being a lawmaker's constituent, or a local or state reporter, will get you answers a lot faster than if we were doing the asking.

The NFL – which is a special interest, like any other -- won't tell us how many tickets it has set aside for politicians, let alone who got them. All we could squeeze out of the NFL was one sentence from NFL lobbyist Jeff Miller: “We respond to requests to purchase Super Bowl tickets from a wide array of groups, including sponsors and other business partners, members of the news media, elected officials and fans.”

We also tried to get information from the political party committees that often organize fundraisers around popular events. For instance, the National Republican Congressional Committee got face-value tickets from the NFL and used them to reward their big donors for 10 years running.

Unfortunately, the major party committees are refusing our requests for information about this year's Super Bowl. In the past month, ProPublica reporter Marcus Stern asked the Republican National Committee, the Democratic National Committee, the Democratic Senatorial Campaign Committee, National Republican Senatorial Committee, NRCC and the Democratic Congressional Campaign Committee about the Super Bowl events they're planning. Only one - the Democratic Congressional Campaign Committee - got back to Marcus, and said it had no events scheduled.

If you're game, sign up here and we'll get you what you need.

Best,
Amanda Michel and Marcus Stern


Got this email from a friend? Subscribe. Unsubscribe.

ProPublica is an independent, non-profit newsroom that produces investigative journalism in the public interest. We are located at 1 Exchange Plaza, 23rd Floor, New York, NY 10006


Well, to see the results thus far, see
http://www.propublica.org/ion/reporting-network
and
http://projects.propublica.org/tables/superbowlblitz


Sarah Talalay of the Sun-Sentinel puts
the taxpayer question on stadium improvements
to Joe Robbie Stadium directly to NFL
Commissioner Roger Godell here:

South Florida Sun-Sentinel

Exclusive Q&A with NFL Commissioner Roger Goodell

By Sarah Talalay
January 31, 2010
http://www.sun-sentinel.com/sports/football/superbowl/sfl-roger-goodell-qa-013110,0,4204783.story


Miami Herald
MIAMI-DADE - DOLPHINS' STADIUM: Miami Dolphins propose raising tourist tax to pay for stadium fixes - One proposal being pitched to bankroll improvements to the Dolphins' stadium: raise tourist taxes. Miami-Dade Mayor Carlos Alvarez says he's opposed.

By Matthew Haggman and Douglas Hanks
January 27, 2010

Aiming to raise public dollars to improve their privately-owned stadium, the Miami Dolphins and team backers have hatched a plan: get state legislators to lift the ceiling on Miami-Dade's hotel tax and then ask county commissioners to increase the rate of the so-called bed tax.

Backers of the plan, which has been presented to state legislators in recent weeks, say the move would generate millions of dollars for renovations on the Dolphins' Sun Life Stadium -- along with upgrades of the Miami Beach Convention Center.

State law now caps hotel taxes at 6 percent, the amount already assessed in Miami-Dade County. Revenues from the tax levied at Miami-Dade hotels are largely spoken for after county leaders agreed to use public funds to construct a new baseball stadium.

''This is certainly one of the options,'' Dolphins lobbyist Ron Book said of the plan to seek an increase of the county's tourist tax. But Book -- who also represents Miami-Dade County as a lobbyist -- said other financing proposals are being weighed.

''There is more than one way to skin this cat,'' he said.

But winning public funding to enhance a stadium whose primary owner is billionaire real estate developer Stephen Ross remains a tall order -- particularly at a time governments are strapped for cash and taxpayers struggle through an economic downturn.

On Tuesday, Miami-Dade County Mayor Carlos Alvarez said he hasn't been presented with any specific proposals. But the mayor declared his opposition to tax dollars being used for renovations at the Miami Gardens facility.

''I would not be supportive of any public funding for the renovation of the Dolphins' stadium,'' said Alvarez, who said he's against raising the tourist tax. ''Now is not the time.''

Alvarez strongly backed the use of public dollars for the under-construction Florida Marlins stadium in Little Havana, but said Tuesday that this situation is different.

For one, a funding source was available then, unlike now, he said. For another, he said ''the Marlins will play 81 homes games a year here for the next 30 years, rather than paying for improvements to compete for one game every four or five years.''

NFL executives, Miami Dolphins officials and stadium supporters contend that Sun Life Stadium needs more than $200 million in renovations if future Super Bowls are to return to South Florida.

The improvements include partially enclosing the stadium with a roof that would shield fans from rain showers and the glaring sun. The proposal calls for new lighting to accommodate high-definition television -- which the team must currently install every time it hosts a night game.

And the blueprint includes tearing out the lower bowl of the stadium to add 3,000 prime seats and moving the spectator area closer to the field.

Next week South Florida is set to host its 10th Super Bowl, the most for any region in the country.

But some warn it could be the last if the improvements aren't made, as NFL owners move the championship game to newer, better-appointed stadiums.

''Doing nothing would be a huge mistake as we would surely watch cities like Dallas, Indianapolis and New Orleans land more Super Bowls,'' Rodney Barreto, chairman of the South Florida Super Bowl Host Committee, wrote recently.

Alvarez responded Tuesday by saying: ''South Florida in February is a place a lot of people would love to be.''

In recent weeks Dolphins CEO Mike Dee and lobbyist Book have been meeting with state legislators in Tallahassee to discuss the funding proposal.

An effort to rewrite state hotel-tax law could set off a scramble for the millions in extra dollars during a historic budget squeeze.

''Do you know how many people are going to jump on that bandwagon? Museums, performing arts centers, arenas,'' said Stuart Blumberg, the recently retired head of the Greater Miami and the Beaches Hotel Association who also co-chairs a city panel on the Miami Beach Convention Center.

On Tuesday, Dee declined to discuss specific proposals, including raising the bed tax, saying he wanted to give time for a new sub-committee formed by the South Florida Super Bowl Host committee to consider improvements to the Dolphins home and ways to pay for it.

The committee, headed by former Dolphin Dick Anderson, is set to hold its first meeting Thursday.

''I think the discussion about funding comes at a later point,'' Dee said. ''What will take place on Thursday is the opening kickoff. All of us will have to let this subcommittee do its work.''

Yet, time is short.

The reason: presentations to NFL owners to win the chance to host the 2014 Super Bowl come in May. Proponents of a stadium overhaul say plans to update the facility must be in place by then.

''The clock is ticking to show we have some movement,'' said Dolphins lobbyist Book. ''Certainly we have to have something to show the owners, to show what we are doing to keep the stadium in a position that they find acceptable.''

Reader comments at:
http://www.miamiherald.com/sports/story/1447876.html?commentSort=TimeStampAscending&pageNum=1



Miami Herald
http://www.miamiherald.com/columnists/garvin/story/1445911.html
Why don't the Miami Dolphins' owners pay for stadium upgrades?
By Glenn Garvin
January 26, 2010

E
milio Estefan has just published an autobiography, The Rhythm of Success: How an Immigrant Produced his own American Dream.

"The next generation of immigrants needs to learn how we did it,'' he recently told a Miami Herald reporter. "How much hard work there was for us at the time we came to this country.'' My advice is to skip directly to the chapter that explains how to go on welfare, which is what Emilio is doing.

That's right: Emilio and his wife Gloria, who have amassed a net worth estimated at $500 million -- including not just their music companies but an empire of hotels, restaurants and other businesses -- are becoming welfare queens. And the Estefans, who've always thought big, aren't going for penny-ante food-stamp fraud, either: They want a $250 million government handout for the Miami Dolphins, the football team they own a chunk of.

You've probably always thought it would be unpleasant and even faintly humiliating to trudge single-file up to the window in a welfare office. Not now! The conga line for a stadium handout starts with the Estefans, but includes their equally glamorous Dolphins co-owners.

Like Venus and Serena Williams, whose $45 million-plus winnings on the pro tennis tour are dwarfed by their endorsement contracts. (Nearly $100 million just for shoes.) Or Marc Anthony, the best-selling tropical salsa recording artist of all time. And though she's not technically a Dolphins owner, maybe Anthony's wife Jennifer Lopez (estimated net worth: $110 million) will tag along, that is, if she's not too busy with a $15 million movie role.

And don't forget the team's majority owner, developer Stephen Ross. I'm tempted to identify him as "carpetbagging plutocrat Stephen Ross,'' but I hate to kick a guy when he's down, and poor Steve has lost $1.6 billion in the crumbling real-estate market -- which, according to Forbes magazine, means he's now merely the 110th richest person in America.

If it seems to you that Ross and his let's-tan-in-St.-Tropez-this-weekend ownership group could pay for their own stadium repairs by selling off a few Swiss chalets and corporate jets, you're not alone. "This is corporate welfare,'' says a befuddled Philip Porter, a University of South Florida economist who's written extensively on the business of sports. "When we subsidize stadiums, we're giving money to the wealthiest class of people among us.''

To be fair, Ross and his merry band of looters insist the stadium improvements aren't for the Dolphins. That 17-percent decline in season-ticket sales over the past four seasons of Miami football mediocrity has nothing to do with this. We should kick in a quarter of a billion to fix up their stadium for our own good.

Without a roof and more luxuriant seats for the pale, tender butts of corporate aristocrats, Ross says, the NFL will stop bringing the Super Bowl to South Florida. And pffft! -- just like that! -- we lose the $460 million that comes with the game.

The problem with that argument is that it's -- how do I put this politely? -- a monstrously bald-faced lie. The economic impact of big one-shot events like Super Bowls is easy to track through sales-tax receipts, and literally dozens of studies have shown that they bring in far, far less than the Dolphins and their local-government toadies are claiming.

(Of course, the Dolphins have a study from a lobbyist company to back up their estimate. Funny how they won't let anybody see it.)

In a winter tourism center like South Florida, the impact of a February Super Bowl is diluted even further. We're already overrun this time of the year; Super Bowl visitors just crowd out other tourists, and the only real economic spike will be in hotel prices. That feeds the coffers back at the hotels' corporate headquarters but doesn't do much for the locals. Paris Hilton should be sending us a thank-you note, or at least a shout-out in her next sex tape.

But you don't need to pore over a stack of economics journals to understand how patently false the claim of that $460 million windfall is. Just ask yourself this:

A brand-new state-of-the-art stadium can be built for $490 million (that's the price tag on the Marlins facility that started construction last year). Why doesn't the NFL simply take over some little town like Yeehaw Junction, build its own stadium and tourism infrastructure the way Disney did in Orlando, and pocket all that Super Bowl money itself? After the first year or two, it's pure profit forever and ever.

The answer is that the $460 million is as mythical as Monopoly money. The only people who will benefit from this stadium boondoggle are the Dolphins' indolent gazillionaire owners. As Gloria Estefan likes to sing, "I'd do anything for you.'' Except dig into her own pockets.

Reader comments at:
http://www.miamiherald.com/columnists/garvin/story/1445911.html?commentSort=TimeStampAscending&pageNum=1
-----
To understand in part why and how we got to
this point in time, where there's widespread
voter opposition to local pols getting involved
in trying to micromanage what happens with
sports stadiums in South Florida, I'm going
to excerpt some of my own older posts at
South Beach Hoosier, my second blog
which I plan on retrofitting soon:
-----

Tuesday, August 21, 2007

SouthBeachHoosier Time Machine: Reviewing the Battle of the Orange Bowl

Continuing with the decision by U-M President
Donna Shalala
and the U-M Board of Trustees
to do what's right for the school, the team and
the vast majority of South Florida's Hurricane
fans by leaving theOrange Bowl Orange Bowl
in the rear-view mirror, what follows is the
March 16, 1979 Miami Herald story by
Bill Rose, which ran about two months before
the Bill Braucher column that was the basis
for my last post.

It traces the history of how Dolphins owner
Joe Robbie got the better of Dade County
Mayor Steve Clark and Commissioner
J.L Plummer by publicly embarrassing them,
simply by telling the truth to the gathered NFL
owners in Hawaii, which, unhappily for Clark
and Plummer, was a history replete with
broken promises to Robbie and the Dolphins,
and real threats for them to move out of Miami
if they didn't like it.

Joe Robbie
, who'll be the future subject of a
South Beach Hoosier post dealing with his
role as the Dade County Democratic Party
chair, lived long enough to call their bluff
and have the last laugh!

Yes, the fights over beer sales, and the fights
in court when the Dolphins prevailed and the
City of Miami didn't like it and appealed
-and lost again- the threat to prevent the Dolphins
from actually playing a preseason game in the
Orange Bowl, et al.


This as the NFL owners convened to decide
among other things, the site of the 1981
Super Bowl, which turned out to be Detroit,
even as Miami officials took it for granted that
they were in the driver's seat.


(That was Super Bowl XVI, where the
49ers beat the Bengals 26-21, the first
of their Super Bowl meetings, with the
second coming in SB XXIII in Miami,
with the 49ers winning 20-16.)


Just as was the case with the
Braucher
column post, I'll try to write out the story in
the future here in case you can't read it
completely.



Miami Herald
Reviewing the Battle of the Orange Bowl
Bill Rose
March 16, 1979

SouthBeachHoosier Time Machine: The Orange Bowl Isn't Worth Drive to Dade

This Bill Braucher story is an insightful piece
of South Florida history which, to me at least,
speaks volumes for all manner of current and
past public policy problems/govt. projects that
have beset South Florida for the past forty
years: inertia, apathy, incompetency and finances.

I've been keeping it at the ready since first having
it printed out at the Miami-Dade County Main
Library downtown, and seeing the downtown's
myriad problems "up close and personal" for the
first time in months...

This March 18, 1979 Bill Braucher column
below, which ran on the front page of the Sunday
Broward news section, serves as a painful
reminder that even when or IF you were to
eliminate all the current incompetent people
in the City of Miami responsible for the
disgraceful current condition of the Orange Bowl
-and have you seen the city's website for the
OB, which seems like something a junior high
school kid did over a weekend, with none
of the sorts of historical photos that you'd
expect to give it context,
http://www.orangebowlstadium.com/pages/-
it's important to keep in mind that, just like
cholesterol, it's not just environment, it's genetics
which determines a patient's health.

The City of Miami has very recessive genes.
Logical result: The Orange Bowl has been
sick for decades!

To read this column from those pre-cable,
pre-internet days is to be reminded all over again
of the sorts of half-assed things that were
commonplace back in 1979, when Dolphins
owner Joe Robbie was getting screwed-over
once again by the kangaroo court that was
Miami's powers-that-be, principally Dade County
mayor Steve Clark.

To date myself, yours truly was then a senior
at North Miami Beach Senior High School,
a true-blue fan who never missed a Dolphins
or Hurricanes home game.

Titled Orange Bowl Isn't Worth Drive to Dade,
Braucher, the Herald's former Dolphin beat writer
-who later became their Broward editor- when I
was growing up as a kid in the '70's, mentions some
very telling anecdotes that perfectly illustrates that
the City of Miami's bad attitude isn't just a recent
phenomena, rather it's a living, breathing entity
that's been around for decades, regardless of its
core competency to solve the problem either
intelligently or in a financially prudent fashion.

At a future date, I'll try to write it out for those
who can't read it completely when you capture
it with your computer mouse.





Miami Herald, Broward edition
Orange Bowl Isn't Worth Drive to Dade
Bill Braucher
March 18, 1979

Thursday, January 28, 2010

Thoughts on Broward School's geographical incongruity, School C in Hollywood, and Broward County website going kerplunk

January 28th, 2010 6:30 p.m.

A few months back, when I needed to complain

about something the Broward County School
Board
was doing, I was told I needed to contact
the
South Area office, which was located in either
Plantation or North Dakota, which ever was further
north.

Sure, Plantation is south when you stand on the
Broward and Palm Beach County line but otherwise...

Is that why this decision on 150 guaranteed seats
for
South Broward High's zone was decided in
Plantation instead of someplace closer to the school
itself, where more Hollywood parents/citizens
could
attend, like the Lippman Community Center
or
dare I even say, Hollywood City Hall?
http://www.browardschools.com/press/release.asp?press_id=1014


According to what I'm told by a very well-informed
person, the decision to have the South Area
office
in Plantation is because of a deal that
Frank Till
made while Broward Schools Supt.,
but I'm told it'll
be expiring in the not-too-distant
future, so that,
presumably, the South Area
office will actually
be in our part of the county.

Sort of like the geographical incongruity of both
the Atlanta Braves and Cincinnati Reds being
in the West Division of the National League for
over 20 years, while the Milwaukee Brewers
were in the East, prior to the creation of the
Wild Card and three divisions in MLB.

I'd been planning on running something on
my
blog this weekend about School C,
including
this flyer put out by the City of
Hollywood,
above, and wanted to get this
straight before
I posted it.

In case you were curious, the meeting site
in
Plantation last night is 14.6 miles from
Hollywood City Hall.
http://maps.google.com/maps?f=d&source=s_d&saddr=2600+Hollywood+Blvd,+Hollywood,+FL&daddr=6901+Northwest+16th+Street,+Plantation,+FL+33313-5399&hl=en&geocode=Fd7ljAEdMd44-ylbEWsMlqvZiDE4qHRSp0a6dA%3BFTnwjgEdkJ43-w&gl=us&mra=ls&sll=26.077365,-80.19951&sspn=0.184098,0.284958&ie=UTF8&ll=26.077754,-80.200539&spn=0.184098,0.284958&z=12
I was fortunate enough to speak with
Kareen Boutros of the Broward Workshop
after
Tuesday's Broward Legislative
Delegation
meeting on Ethics before I
left, and she told me
about the Ethics
Committee meeting today being canceled.

If it wasn't for her comment to me...

When I went to
http://www.broward.org/ethicscommission/welcome.htm
directly from the county's main website,
it said:
404 NOT FOUND

I've been trying for awhile and no luck.


I suppose they could be updating the web
page,
but if so, why not simply run something
that says
that and to try back later like most
websites do?


The county website
DEFINITELY looks
different
than it did a week ago, and I mean
more than just
the group photo in the upper
left.

Very curious.


A few minutes later..

Shortly before 5 p.m. I spoke to Dee Platt
from
Comm. Gunzburger's office,
who's always so
helpful and friendly,
and told her about the problem.

Dee agreed with me about the website change
and
had the same problem accessing the
Ethics Committee
homepage.

I called her mainly because I was concerned
that
the meeting was tomorrow.

While talking to her, I clicked the links for
each
commissioner from the main page and
guess what?

The Commissioners' web pages also don't
come up.

Dee said she was going to contact someone
to try
to fix the website problem but in the
meantime,
if you go to Hot Picks in the
middle of the main
county webpage,
Ethics is listed and it currently shows
that
previously-scheduled evening meeting of
next
Thursday, on Feb. 4th, as the next
meeting.

http://www.broward.org/EthicsCommission/Pages/MeetingSchedule.aspx


If you really want to spend some time
chasing your
tail, try going to the website
of the Broward School
system group I've
been referring to here in emails
and in
blog posts as the
Three Amigos, but
more formally known to some by the
tongue-twisting
Commission on
Education Excellence Through Integrity,
Public Ethics and Transparency
,
http://browardschoolsintegrity.org/

Using their own website, try to find the
time,
date and location of their next public
meeting.

Go ahead.
Really, go ahead.
It's not there.


In fact, the only thing that has been added
to
the website since it came online are links
to
news articles about the group.

And nothing since January 12th, the day
after their first and only public meeting
so far.

http://www.sun-sentinel.com/videobeta/watch/?watch=2a16c099-dbad-4b75-8f0c-a64769278b58&src=front

Sounds like hiding in plain sight.

In fact, to me, it sounds a lot more like a
fan's
celebrity website than an actual
Watchdog
group's efforts to get the public
engaged to
solve a real problem.
Time's a wastin'
.

7:10 p.m.
The links to the Broward commissioner's
pages now work but not so the Ethics Committee.

And so it goes in Broward County at the dawn
of the year 2010...

Wednesday, January 27, 2010

Still no Sunshine in Hallandale Beach -No public notice ad in Herald for today's HB City Commission meetings -just like the last two!

Above, Hallandale Beach City Hall looking north from
U.S.-1/Federal Highway & S.E. 5th Street.
January 22, 2010 photo by South Beach Hoosier.

So as if the besieged citizens of Hallandale Beach needed
another reason to support an independent Inspector
General
with teeth that can investigate corrupt and
incompetent City Halls like Hallandale Beach's,
which
continually and intentionally ignore the state's
own
Sunshine Laws, over-and-over, year-after-year,
with no fear of anything EVER happening to the people
in charge -despite all the recent talk and media coverage
of ethics in Broward County, today brings news that
there's still no sunshine at Hallandale Beach City Hall.

Just minutes before it's scheduled to begin, there's
been no public notice ad placed in the Herald for
today's two HB City Commission meetings -just like
the two before it.

I've got a copy of the pertinent Florida Statute below.
I believe this is the third Hallandale Beach City
Commission meeting in a row, all this month,
where the city hasn't properly placed an ad in
the Herald as required.

You have to follow the law.
I have to follow the law.
Hallandale Beach City Hall, apparently, not so much.
It's not so much a law as something on a fortnightly
Things to Do list.

They keep forgetting that they can't just make
things up and ad lib as they go along, which they'd
clearly prefer to do.

The proof is in the pudding, below, on the Herald's
online site for their City and Public Notices:
http://newspaperads.miami.com/ROP/Subcat.aspx?cat=3328&subcat=3349

Using "Hallandale Beach" as search term

Search Results for the keyword "Hallandale Beach"

http://newspaperads.miami.com/Shared/Search.aspx?advid=0&loc=0&s=Hallandale+Beach&submit.x=12&submit.y=6

Using "Hallandale" as search term:

Search Results for the keyword "Hallandale"


http://newspaperads.miami.com/Shared/Search.aspx?advid=0&loc=0&s=Hallandale&submit.x=0&submit.y=0
------

My emphasis below in bold red.

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0166/Sec041.HTM

The 2009 Florida Statutes


Title XII
MUNICIPALITIES

Chapter 166
MUNICIPALITIES


166.041 Procedures for adoption of ordinances and resolutions.--

(1) As used in this section, the following words and terms shall have the following meanings unless some other meaning is plainly indicated:

(a) "Ordinance" means an official legislative action of a governing body, which action is a regulation of a general and permanent nature and enforceable as a local law.

(b) "Resolution" means an expression of a governing body concerning matters of administration, an expression of a temporary character, or a provision for the disposition of a particular item of the administrative business of the governing body.

(2) Each ordinance or resolution shall be introduced in writing and shall embrace but one subject and matters properly connected therewith. The subject shall be clearly stated in the title. No ordinance shall be revised or amended by reference to its title only. Ordinances to revise or amend shall set out in full the revised or amended act or section or subsection or paragraph of a section or subsection.

(3)(a) Except as provided in paragraph (c), a proposed ordinance may be read by title, or in full, on at least 2 separate days and shall, at least 10 days prior to adoption, be noticed once in a newspaper of general circulation in the municipality. The notice of proposed enactment shall state the date, time, and place of the meeting; the title or titles of proposed ordinances; and the place or places within the municipality where such proposed ordinances may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard with respect to the proposed ordinance.

(b) The governing body of a municipality may, by a two-thirds vote, enact an emergency ordinance without complying with the requirements of paragraph (a) of this subsection. However, no emergency ordinance or resolution shall be enacted which establishes or amends the actual zoning map designation of a parcel or parcels of land or that changes the actual list of permitted, conditional, or prohibited uses within a zoning category. Emergency enactment procedures for land use plans adopted pursuant to part II of chapter 163 shall be pursuant to that part.

1(c) Ordinances initiated by other than the municipality that change the actual zoning map designation of a parcel or parcels of land shall be enacted pursuant to paragraph (a). Ordinances that change the actual list of permitted, conditional, or prohibited uses within a zoning category, or ordinances initiated by the municipality that change the actual zoning map designation of a parcel or parcels of land shall be enacted pursuant to the following procedure:

1. In cases in which the proposed ordinance changes the actual zoning map designation for a parcel or parcels of land involving less than 10 contiguous acres, the governing body shall direct the clerk of the governing body to notify by mail each real property owner whose land the municipality will redesignate by enactment of the ordinance and whose address is known by reference to the latest ad valorem tax records. The notice shall state the substance of the proposed ordinance as it affects that property owner and shall set a time and place for one or more public hearings on such ordinance. Such notice shall be given at least 30 days prior to the date set for the public hearing, and a copy of the notice shall be kept available for public inspection during the regular business hours of the office of the clerk of the governing body. The governing body shall hold a public hearing on the proposed ordinance and may, upon the conclusion of the hearing, immediately adopt the ordinance.

2. In cases in which the proposed ordinance changes the actual list of permitted, conditional, or prohibited uses within a zoning category, or changes the actual zoning map designation of a parcel or parcels of land involving 10 contiguous acres or more, the governing body shall provide for public notice and hearings as follows:

a. The local governing body shall hold two advertised public hearings on the proposed ordinance. At least one hearing shall be held after 5 p.m. on a weekday, unless the local governing body, by a majority plus one vote, elects to conduct that hearing at another time of day. The first public hearing shall be held at least 7 days after the day that the first advertisement is published. The second hearing shall be held at least 10 days after the first hearing and shall be advertised at least 5 days prior to the public hearing.

b. The required advertisements shall be no less than 2 columns wide by 10 inches long in a standard size or a tabloid size newspaper, and the headline in the advertisement shall be in a type no smaller than 18 point. The advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The advertisement shall be placed in a newspaper of general paid circulation in the municipality and of general interest and readership in the municipality, not one of limited subject matter, pursuant to chapter 50. It is the legislative intent that, whenever possible, the advertisement appear in a newspaper that is published at least 5 days a week unless the only newspaper in the municipality is published less than 5 days a week. The advertisement shall be in substantially the following form:

NOTICE OF (TYPE OF) CHANGE

The (name of local governmental unit) proposes to adopt the following ordinance: (title of the ordinance) .

A public hearing on the ordinance will be held on (date and time) at (meeting place) .


Except for amendments which change the actual list of permitted, conditional, or prohibited uses within a zoning category, the advertisement shall contain a geographic location map which clearly indicates the area covered by the proposed ordinance. The map shall include major street names as a means of identification of the general area.

c. In lieu of publishing the advertisement set out in this paragraph, the municipality may mail a notice to each person owning real property within the area covered by the ordinance. Such notice shall clearly explain the proposed ordinance and shall notify the person of the time, place, and location of any public hearing on the proposed ordinance.

(4) A majority of the members of the governing body shall constitute a quorum. An affirmative vote of a majority of a quorum present is necessary to enact any ordinance or adopt any resolution; except that two-thirds of the membership of the board is required to enact an emergency ordinance. On final passage, the vote of each member of the governing body voting shall be entered on the official record of the meeting. All ordinances or resolutions passed by the governing body shall become effective 10 days after passage or as otherwise provided therein.

(5) Every ordinance or resolution shall, upon its final passage, be recorded in a book kept for that purpose and shall be signed by the presiding officer and the clerk of the governing body.

(6) The procedure as set forth herein shall constitute a uniform method for the adoption and enactment of municipal ordinances and resolutions and shall be taken as cumulative to other methods now provided by law for adoption and enactment of municipal ordinances and resolutions. By future ordinance or charter amendment, a municipality may specify additional requirements for the adoption or enactment of ordinances or resolutions or prescribe procedures in greater detail than contained herein. However, a municipality shall not have the power or authority to lessen or reduce the requirements of this section or other requirements as provided by general law.

(7) Five years after the adoption of any ordinance or resolution adopted after the effective date of this act, no cause of action shall be commenced as to the validity of an ordinance or resolution based on the failure to strictly adhere to the provisions contained in this section. After 5 years, substantial compliance with the provisions contained in this section shall be a defense to an action to invalidate an ordinance or resolution for failure to comply with the provisions contained in this section. Without limitation, the common law doctrines of laches and waiver are valid defenses to any action challenging the validity of an ordinance or resolution based on failure to strictly adhere to the provisions contained in this section. Standing to initiate a challenge to the adoption of an ordinance or resolution based on a failure to strictly adhere to the provisions contained in this section shall be limited to a person who was entitled to actual or constructive notice at the time the ordinance or resolution was adopted. Nothing herein shall be construed to affect the standing requirements under part II of chapter 163.

(8) The notice procedures required by this section are established as minimum notice procedures.

History.--s. 1, ch. 73-129; s. 2, ch. 76-155; s. 2, ch. 77-331; s. 1, ch. 83-240; s. 1, ch. 83-301; s. 2, ch. 95-198; s. 5, ch. 95-310.

1Note.--As amended by s. 5, ch. 95-310. This version is published as the last expression of legislative will (see Journal of the Senate 1995, p. 1061, and Journal of the House of Representatives 1995, p. 1129). Paragraph (3)(c) was also amended by s. 2, ch. 95-198, and that version reads:

(c) Ordinances initiated by the governing body or its designee which rezone specific parcels of private real property or which substantially change permitted use categories in zoning districts shall be enacted pursuant to the following procedure:

1. In cases in which the proposed rezoning or change in permitted use involves less than 5 percent of the total land area of the municipality, the governing body shall direct the clerk of the governing body to notify by mail each real property owner whose land the municipality will rezone or whose land will be affected by the change in permitted use by enactment of the ordinance and whose address is known by reference to the latest ad valorem tax records. The notice shall state the substance of the proposed ordinance as it affects that property owner and shall set a time and place for one or more public hearings on such ordinance. Such notice shall be given at least 30 days prior to the date set for the public hearing, and a copy of the notice shall be kept available for public inspection during the regular business hours of the office of the clerk of the governing body. The governing body shall hold a public hearing on the proposed ordinance and may, upon the conclusion of the hearing, immediately adopt the ordinance.

2. In cases in which the proposed ordinance deals with more than 5 percent of the total land area of the municipality, the governing body shall provide for public notice and hearings as follows:

a. The local governing body shall hold two advertised public hearings on the proposed ordinance. Both hearings shall be held after 5 p.m. on a weekday, unless the local governing body, by a majority plus one vote, elects to conduct one or both of these hearings at another time of day. The first public hearing shall be held approximately 7 days after the day that the first advertisement is published. The second hearing shall be held approximately 2 weeks after the first hearing and shall be advertised approximately 5 days prior to the public hearing. The day, time, and place at which the second public hearing will be held shall be announced at the first public hearing.

b. The required advertisements shall be no less than one-quarter page in a standard size or a tabloid size newspaper, and the headline in the advertisement shall be in a type no smaller than 18 point. The advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The advertisement shall be published in a newspaper of general paid circulation in the municipality and of general interest and readership in the community, not one of limited subject matter, pursuant to chapter 50. It is the legislative intent that, whenever possible, the advertisement appear in a newspaper that is published at least 5 days a week unless the only newspaper in the community is published less than 5 days a week. The advertisement shall be in the following form:

NOTICE OF ZONING (PERMITTED USE) CHANGE

The (name of local governmental unit) proposes to rezone (change the permitted use of) the land within the area shown in the map in this advertisement.

A public hearing on the rezoning will be held on (date and time) at (meeting place) .


The advertisement shall also contain a geographic location map which clearly indicates the area covered by the proposed ordinance. The map shall include major street names as a means of identification of the area.

c. In lieu of publishing the advertisement set out in this paragraph, the municipality may mail a notice to each person owning real property within the area covered by the ordinance. Such notice shall clearly explain the proposed ordinance and shall notify the person of the time, place, and location of both public hearings on the proposed ordinance.
-----

As you all know from my previous emails and blog
posts, I was at Tuesday's meeting in Ft. Lauderdale
of the Broward Legislative Delegation meeting,
one of whose two agenda items for the afternoon
was the creation and scope of an independent
Inspector General.

Later tonight, I'll be posting to my blog my thoughts
and observations on that meeting, along with some
photos and maybe even some video.

But that will come after possibly attending one of the
two meetings today, the first of which is at 11 a.m.,
in Room 257, titled immodestly, "Consideration
of the City's Legislative Action Plan
."

Want to bet that rather than a small practical and
achievable list of issues that can actually happen
this year and get out of House and Senate committees,
it's yet another absurd, not-so-achievable Mike Good/
Joy Cooper
wish list given to Ron Book,
albeit this year, without a pony being on it?

The public comments part of the second meeting is
at 7 p.m.

The early over-and-under on the number of times
today that Mayor Joy Cooper un-necessarily
brings up her recent trip to the White House is
three.
In fact, she may hit three within the first five minutes,
just like last January after the Inauguration.

Too bad that, as usual, there won't be any reporters
there to record the mayor's malaprops and non sequiturs
about 1600 Pennsylvania Avenue for posterity.