Ethics Commission Reverses Decision

A March 2004 opinion issued by the Miami-Dade County Ethics Commission required plan expediters–which act as builder representatives at local building departments to ensure faster plan approval and permit issuance–to register as lobbyists.

After several meetings with key county staff and among themselves, BASF members and staff prepared a letter with additional information about their job functions for the Ethics Commission to reconsider. In August, BASF presented its new information and report to the full commission. After deliberation, the commission issued a four-page opinion rescinding its earlier position, so that plan expediters will no longer be considered lobbyists and will not be required to register as lobbyists because they do not affect legislation.

Why did the commission reverse its earlier opinion? The reversal was based on new information, which BASF members and staff presented, that explained in more detail what a plan expediter’s role is in helping to obtain approvals for builders’ plans. In fact, the report explained, their main function is to represent the property owner. Plan expediters follow procedures–established by the Miami-Dade County Building Department–for plan approval, in order to obtain faster plan reviews or quicker inspections of a property.

There is one important exception to the ethics committee’s decision that plan expediters are not lobbyists, and it is one that BASF supports: if a plan expediter is representing a client in a hearing, for instance before the unsafe structures board, the plan expediter is then considered a lobbyist and must register with the county.

Proposed Impact Fee Hikes

A working group of Miami-Dade County School Board staff and BASF members has reviewed the county’s $2,500-per-home school impact fee. That is the fee developers pay the county for each home they build; the money is earmarked for school construction.

The consultant who originally prepared the school impact fee ordinance was asked to review the document to update the impact fee formula and related issues. At this time, no details are available on how much the fee will increase.

What’s next? The best estimate is that a cost hike is likely within six to eight months. Other impact fees are also under review. Neither the police nor parks impact fees have been increased since their adoption several years ago. In late August, county parks department staff met with BASF members to discuss future park impact fee increases. Police impact fee revisions began about a year ago, but due to a staff reorganization at the county Public Safety Department, changes were put on hold. Now, new staff is ready to pick up the process where former staff left off.

At BASF’s request, a meeting has been set with all county departments which collect impact fees. The purpose of the session is to gather all staff at one time to discuss future fee hikes and when those increases might take effect. The meeting is set for Thursday, Oct. 6 at 11:00 a.m. in the DIC conference room on the 12th floor of the Metro Dade Center. The address there is 111 NW First Street, in Miami. All members are invited.

Watershed Task Force Meets

The South Miami-Dade Watershed Task force, which was formed nearly three years ago based on a series of Comprehensive Development Master Plan (CDMP) amendments, is preparing zoning and comprehensive plan changes to “balance future land use needs with water quality and environmental protection and the Everglades Restoration project.” The study’s boundary areas are from SW 8th Street/Tamiami Trail south to the Monroe County line, and from the Everglades east to Biscayne Bay. Given that the study area includes the last open developable land in the county. BASF members and staff are heavily involved.

Public meetings will be held in late September and early October, at which time BASF members will be urged to attend in large numbers. Attorney Carter McDowell is the BASF representative.

BIPAC: Winners all around

Broward and Miami-Dade Building Industry Political Action Committee (BIPAC) members should be proud of themselves. They have a perfect record in endorsing candidates who were also primary election winners on Aug. 31. The victory list below shows all the BIPAC-endorsed winners.

Florida Senate
District 39 Larcenia Bullard (D) 

Florida House of Representatives
District 103Wilbert "Tee" Holloway (D)
District 109Dorothy Bendross Mindingall (D)
District 113Carlos Lopez-Cantera (R)
*District 114   Anitere Flores (R)
District 119Juan Carlos Zapata (R) 

Miami-Dade County Commission
(candidates run without party affiliation)
District 3  Barbara Carey-Schuler
District 5  Bruno Barreiro
District 9  Dennis Moss
District 13 Natacha Seijas 

Dade County School Board
(candidates run without party affiliation)
*District 3 Michael Kosnitzky
*District 9 Evelyn Greer 

Please note that those marked with an * will be in a run-off or face
other opposition on Tuesday, November 2, 2004. Please remember to vote
for these candidates on November 2, 2004.

Joe Goldstein, Esq.,

Akerman Senterfitt, P.A.

Chair, BASF Miami-Dade

Legislative Committee