Senate Bill 1368

CODING: Words stricken are deletions; words underlined are additions.



    Florida Senate - 1998                                  SB 1368

    By Senator Gutman





    34-1223-98                                              See HB

  1                      A bill to be entitled

  2         An act relating to the Miami River;

  3         establishing the Miami River Commission;

  4         providing purposes; providing for a policy

  5         committee, a managing director, and a working

  6         group; specifying membership of the committee;

  7         providing powers and duties of the committee;

  8         requiring a report; providing an appropriation;

  9         providing an effective date.

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11         WHEREAS, the Miami River falls under the jurisdiction

12  of four levels of government, federal, state, county, and

13  municipal, with at least 36 separate agencies charged with

14  carrying out their respective responsibilities, and

15         WHEREAS, the Miami River lacks unified management,

16  political leadership, and accountability, and

17         WHEREAS, the Miami River Coordinating Committee was

18  established to address the situation and has succeeded in

19  providing a forum for interagency exchange of information and

20  public discussion of river issues but has not been able to

21  bring about effective resolution of existing problems, NOW,

22  THEREFORE,

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24  Be It Enacted by the Legislature of the State of Florida:

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26         Section 1.  (1)(a)  The Miami River Commission is

27  hereby established as the official clearinghouse for all

28  public policy and projects related to the Miami River to unite

29  all governmental agencies, businesses, and residents in the

30  area to speak with one voice on river issues, to develop

31  coordinated plans, priorities, programs, projects, and budgets

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                  SB 1368
    34-1223-98                                              See HB




  1  that might substantially improve the river area, and to act as

  2  the principal advocate and watchdog to ensure that river

  3  projects are funded and implemented in a proper and timely

  4  manner.

  5         (b)  The commission may seek and receive funding to

  6  implement river improvement projects of the commission.

  7  Nothing in this act affects or supersedes the regulatory

  8  authority of any governmental agency or any local government

  9  and any responsibilities of any governmental entity relating

10  to the Miami River shall remain with such respective

11  governmental entity. However, the commission may accept any

12  specifically defined authority delegated to the commission by

13  any governmental entity, through a memorandum of understanding

14  or other legal instrument. The commission shall use powers of

15  persuasion to achieve its objectives through the process of

16  building a consensus work plan and through widespread

17  publication of regular progress reports.

18         (2)  The Miami River Commission shall consist of:

19         (a)  A policy committee comprised of a member of the

20  United States Congressional delegation, a representative of

21  the United States Coast Guard, the Captain of the Port of

22  Miami, the Governor, the chair of the Dade delegation, the

23  chair of the governing board of the South Florida Water

24  Management District, the Miami-Dade County State Attorney, the

25  Mayor of Miami, the Mayor of Miami-Dade County, a commissioner

26  of the City of Miami Commission, a commissioner of the

27  Miami-Dade County Commission, the chair of the Miami River

28  Marine Group, the chair of the Marine Council, the Executive

29  Director of the Downtown Development Authority, and the chair

30  of the Greater Miami Chamber of Commerce; two representatives

31  each from the Spring Garden Neighborhood Association, the

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                  SB 1368
    34-1223-98                                              See HB




  1  Grove Park Neighborhood Association, and the Miami River

  2  Neighborhood Enhancement Corporation, one from each appointed

  3  by the city commission and one from each appointed by the

  4  county commission, selected from a list of 3 names submitted

  5  by each such organization; one representative from an

  6  environmental or civic association, appointed by the Governor;

  7  and three members-at-large, who shall be persons who have a

  8  demonstrated history of involvement on the Miami River through

  9  business, residence, or volunteer activity, one appointed by

10  the Governor, one appointed by the city commission, and one

11  appointed by the county commission. All members shall be

12  voting members, except the member of Congress and the Captain

13  of the Port of Miami who shall be ex officio, nonvoting

14  members.  The policy committee may meet monthly, but shall

15  meet at least quarterly.

16         (b)  A managing director who has the responsibility to

17  implement plans and programs.

18         (c)  A working group consisting of all governmental

19  agencies that have jurisdiction in the Miami River area, as

20  well as representatives from business and civic associations.

21         (3)  The policy committed shall have the following

22  powers and duties:

23         (a)  Consolidate existing plans, programs, and

24  proposals into a coordinated strategic plan for improvement of

25  the Miami River and surrounding areas, addressing

26  environmental, economic, social, recreational, and aesthetic

27  issues. The committee shall monitor the progress on each

28  element of such plan and shall revise the plan regularly.

29         (b)  Prepare an integrated financial plan modeled after

30  the South Florida Ecosystem Restoration Working Group. The

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                  SB 1368
    34-1223-98                                              See HB




  1  committee shall monitor the progress on each element of such

  2  plan and revise the plan regularly.

  3         (c)  Provide technical assistance and political support

  4  as needed to help implement each element of the strategic and

  5  financial plans.

  6         (d)  Accept any specifically defined authority

  7  delegated to the committee by any level of government through

  8  a memorandum of understanding or other legal instrument.

  9         (e)  Publicize a semiannual report describing

10  accomplishments of the commission and each member agency, as

11  well as the status of each pending task. The committee shall

12  distribute the report to the City and County Commissions and

13  Mayors, the Governor, chair of the Dade County delegation,

14  stakeholders and the local media.

15         (f)  Seek grants from public and private sources and

16  receive grant funds and administer contracts.

17         (g)  Coordinate a joint planning area agreement between

18  the Department of Community Affairs, the city, and the county

19  under the provisions of s. 163.3177(11)(a),(b), and (c),

20  Florida Statutes.

21         (h)  Provide a forum for exchange of information and

22  facilitate the resolution of conflicts.

23         (i)  Act as a clearinghouse for public information and

24  conduct public education programs.

25         (j)  Establish the Miami River working group, appoint

26  members to the group, and organize subcommittees, delegate

27  tasks, and seek council from members of the working group as

28  necessary to carry out the powers and duties listed in this

29  subsection.

30         (k)  Elect officers and adopt rules of procedure as

31  necessary to carry out the powers and duties listed above.

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    Florida Senate - 1998                                  SB 1368
    34-1223-98                                              See HB




  1  Replace policy committee members who do not participate on a

  2  regular basis.

  3         (l)  Hire the managing director, who shall be

  4  authorized to represent the commission and to implement all

  5  policies, plans, and programs of the commission. The committee

  6  shall employ any additional staff necessary to assist the

  7  managing director.

  8         Section 2.  The sum of $225,000 is hereby appropriated

  9  from the General Revenue Fund to the Miami River Commission to

10  implement the provisions of this act.

11         Section 3.  This act shall take effect upon becoming a

12  law.

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14            *****************************************

15                          HOUSE SUMMARY

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      Creates the Miami River Commission. Provides for a policy
17    committee, a managing director, and a working group.
      Specifies membership of the committee and provides powers
18    and duties of the committee. See bill for details.

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