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Public Participation is Essential to Preserving Home Rule

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Public Participation is Essential to Preserving Home Rule

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Commissioner Hal Valeche​

At the beginning of this year, I highlighted some of Palm Beach County's legislative priorities as our state Senate and House members prepared to convene the 2019 session.  I think it is important for residents to know that much of what occurs in Tallahassee can lead to significant fiscal and quality-of-life impacts on our local community.  

I have been concerned over the past few years about increasing attempts by the state legislature to hinder county and municipal governments' ability to exercise home rule, through what I would consider bad legislation.  Local communities rightfully want to chart their own course on how they want their neighborhoods to look and function, and should not be thwarted by legislators representing areas far across the state that have no concept of what our residents want or need.

Among the many proposals raised in legislative session this year, I would like to highlight a couple that have been of concern to District 1 constituents.  The first is short-term rentals.  These are private properties rented for short-term stays on hosting platforms such as Airbnb and VRBO.  I have received complaints from residents about some short-term rental property owners engaging in bad practices including unlawfully converting single-family dwellings into multi-family units.  Additionally, residents have lodged complaints about noise, parking, trash, and life-safety issues and they are upset about the disruptions to their once peaceful and safe neighborhoods.

State law currently prevents counties and cities from regulating vacation rentals if the local regulations were not in place prior to June 1, 2011.  The County urged our delegation to support legislation that would restore local zoning authority with respect to short-term rental properties, in order to preserve the integrity of our neighborhoods.  Sadly, bills were filed that would have further preempted regulation and prevented HOAs from regulating duration of rentals through their bylaws.  Fortunately, those bills were defeated.  However, that does not mean you can take your eye off the ball.  Someone can file a new bill next year, so engaging your elected state representatives is critical. 

The second issue brings some good news and has to do with derelict and abandoned vessels and particularly those that block the use of public shorelines, berthing facilities, docks, ramps and staging areas.  The county's ability to remove derelict vessels has been limited to waters strictly within county jurisdiction or within 150 feet of a boat launching/loading facility.  The Florida Fish and Wildlife Conservation Commission (FWC) regulates vessels anchored or abandoned in state waters.  This year, the Legislature has passed a bill that includes a directive for the FWC to study the impacts that vessels anchored or moored outside of public mooring fields have on our economies, public safety, public ramps, docks and marinas, and the environment during and after significant tropical storm and hurricane events.  Recommendations must go to the Governor, Senate President, and Speaker of the House within six months after the study is completed.

The vessel bill also specifically designates uses for vessel registration fees, including the Marine Resources Conservation Trust Fund, which is to provide grants to local governments for the removal of derelict vessels.  Additionally, the Legislature appropriated $1 million for derelict vessel removal, which I am hopeful the Governor will approve as part of the budget.

The County's Legislative Affairs staff work diligently with our team of lobbyists to promote sound legislation and prevent detrimental bills.  However, your input as voters is vital to that process.  Your legislators need to hear from you and I encourage you to contact them.  This link to contact information may assist you in those efforts: http://discover.pbcgov.org/legislativeaffairs/Legislative_Delegation/2019/2019-Delegation-Roster.pdf.

In local government news, the Solid Waste Authority has received confirmation that the state and FEMA will reimburse more than $14 million for Hurricane Irma debris hauling costs, which represents 96% of the eligible requested reimbursement.
I look forward to hearing from you on issues that matter to you.  As always, please contact me if I can be of assistance at (561) 355-2201, or by email at hvaleche@pbcgov.org.

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