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Item Q3BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: November 17, 2010 Division: County Administrator Bulk Item: Yes No X Department: County Administrator Staff Contact /Phone #: Lisa Tennyson x 4444 AGENDA ITEM WORDING: Discussion and approval of the Monroe County 2011 Legislative Agenda. ITEM BACKGROUND: PREVIOUS RELEVANT BOCC ACTION: The draft 2011 legislative agenda was part of the County Administrator's report for the October meeting. CONTRACT/AGREEMENT CHANGES: None STAFF RECOMMENDATIONS: TOTAL COST: NA INDIRECT COST: DIFFERENTIAL OF LOCAL PREFERENCE: NA COST TO COUNTY: NA BUDGETED: Yes No SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty OMB/Purchasing Risk Management DOCUMENTATION: Included Not Required DISPOSITION: Revised 7/09 AGENDA ITEM # MONROE COUNTY 2011 STATE LEGISLATIVE AC- 0 WASTEWATER SUPPORT the appropriation of $200 million m statefunding to be used to finance the construction costs of wastewater'pr'ojects in tleFlorida Keys. • STATE FUNDING, COST SHIFTS AND'UNFUNDED MANDATES: SUPPORT preservation of existing state funding, at current levels, for County programs and important community programs; OPPOSE any additional cost shifts or unfunded mandates from the State to the County; OPPOSE any measure that would adversely affect County revenues, or further restricts local decision -making related to revenue and expenditures. 2011 STATE AND OUNTY SoNROE KEY WESTLORIDA 33040 (305)294-4641 11 SESSION DATES AGENDA - e • March 8, 2011 Rgu ar session convenes.`' A • March 8, 2011 - 12 OWnoon, deadlne'for filing bills for introduction • Apri126, 2011 -Last day for„regularly scheduled committee meetings • May 2, 2011 - All bills ar`eim`mediately certified O Conference committee reports require only one reading O Motion to reconsider made and considered the same day • May 6, 2011- Last day of regular session MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Mayor Sylvia Murphy, District 5 Mayor Pro Tem Heather Carruthers, District 3 Mario DiGennaro, District 4 George Neugent, District 2 Kim Wigington, District 1 CADocuments and Settings\Tennyson-lisa\Desktop\Lobbying Legislative Stimulus\Legislative Package 2011 Working Draft-ver5.docx COUNTY ADMINISTRATOR ra Roman Gastesi, Jr. LEGISLATIVE DISTRII Senate Distract>39: Larcenia Bullard House District,120' Ron_ Saunders IN LEGISLATIVE ALLIANCES Association of Counties all County Coalition National Association of Counties International City/County Management Association CADocuments and Settings\Tennyson-lisa\Desktop\Lobbying Legislative Stimulus\Legislative Package 2011 Working Draft-ver5.docx MONROE COUNTY STATE LEGISLATIVE PRIORITIES 2011 Wastewater: • Appropriate $200 million in state funding to finance the construction costs of wastewater projects in the Florida Keys. Finance: Support maintaining current state appropriations critical to the delivery''of public services at the county government level as it relates to currently funded county based appropriations in the SFY 2011-2012 budget. • Oppose unfunded mandates, pre emption of local government authority, or other legislation that is costly or detrimental to Monroe, as a small county. • Oppose TaxpayerdB thof Rights (or "fTABOR") and' other legislative or constitutional restrictions on the county authority to determine locally its financial commitments %'i rvices, community and quality of life. (Given the shape of Florida's economy, there are still efforts being made to provide for further property tax reform and.to impose a'rbatrary:caps on property assessments, municipal expenditures and municipal r evenues. These efforts, in the form of Constitutional Amendments, would greatly inhibit a local go ernment's ability to provide adequate services in their communities. One such Constitutional Amendment is the Taxpayer Bill of Rights (TABOR). This is a proposal that would impose a one -size -fits -all requirement on state and local governments to cap revenue to a defined base amount, with periodic adjustment for population growth and inflation. Revenues collected by a local government would be limited to the revenue amount collected in a base fiscal year (2011-12). Local governments would be prohibited from imposing fees, taxes, etc. to exceed the revenue cap. Any excess funds would be deposited in budget stabilization funds, which local governments would be prohibited from accessing except in cases of funding an emergency situation. Local governments would be required to obtain a supermajority vote of the electors to impose any new tax, fee, assessment or charge. Another restrictive measure that has been introduced during previous legislative sessions is a Constitutional Amendment that would restrict the aggregate amount of property taxes levied on a parcel ofproperty to 1.35% of the property's taxable value, or 13.5 mils. The Financial CADocuments and Settings\Tennyson-lisa\Desktop\Lobbying Legislative Stimulus\Legislative Package 2011 Working Draft-ver5.docx Impact Estimating Conference estimated that this amendment would reduce annual total school, county, municipal and special district property tax revenues by at least $6 billion. These proposals offer no flexibility for local preferences. In addition, voter approval of all taxes, fees and assessments would threaten the ability of local governments to move forward on most large capital improvement projects (such as roads, bridges, water and wastewater facilities, etc.), many of which are funded with revenue bonds that pledge the local government will generate sufficient revenues from the respective operations to cover debt service requirements and meet bond coverage levels. • Support legislation that enhances the collection of tourist development tax revenue not currently remitted by on-line travel companies. Oppose any Florida Retirement System in the FRS contribution rates or a reduce retaining existing calculation of benefit; all legislation that potentially results id' ,changes that result in an increase benefits without grandfathering or isting employees; support requiring ease IhAhe FRS contribution rate to be analyzed and evaluated to determine the"'direct�fiscal impact of proposed changes to local government. Since last year there were several bills to reduce the retirement benefits and/or would impact our local budget :for example, one bill would have changed the benefit calculation drastically such that many, of of most or all, state & county employees with 20 to 30 years with the same entity & who had worked their way up from low wages to high wages would have had to quit with 30 days notice"' r less to retain their benefits, or work an extra 8 to 10 years to get back to the same level of benefits, meaning immediate loss of institutional memoryYand unbudgeted mass retirement pay -outs for accumulated leave. Support state , #n nn bridges; and leg M'M public infrastructu currently -authorized Growth Management: infrastructure, such as wastewater, roads and additional local revenue sources to fund at flexibility in levying and using • Support reauthorization and increased funding for the Florida Forever Trust Fund. Faced with a severe budget shortfall, the legislature last year pulled funding for this conservation land -buying program. • Support the continued designation of the Florida Keys as an Area of Critical State Concern. Support the continuation of Department of Community Affairs as the state land planning agency. Legislative efforts to reenact DCA last year passed in Senate but died in House during last session. CADocuments and Settings\Tennyson-lisa\Desktop\Lobbying Legislative Stimulus\Legislative Package 2011 Working Draft-ver5.docx • Oppose legislation that erodes county authority to regulate development pursuant to the Growth Management Act of 1985. Support elimination or modification of F.S Ch. 163.3177 (b) 1, which requires that the five-year schedule of capital improvements be "financially feasible". In lieu of elimination of the requirement, the following is proposed: (1) Exempt Areas of Critical State Concern from the requirement; or (2) Modify the deadline year. Financial feasibility means that sufficient revenues are currently available or will be available from committed funding sources for the first 3 years, or wall h,e available from committed or planned funding sources for years 4 and 5, of a five year capital improvement schedule for financing capital improvements. Should a local government not be capable of meeting the financially feasibility requirement, it cannot amend tits comprehensive plan after Dec 2011. Due to the County's onerous wastewater fund ng,.responsabladies, we cannot meet this requirement. Health and Social Services: • Support appropriate funding as,,outlined in the existing state capacity formula for .w.,:� crisis mental health and substaric.e abuse beds statewide. Support increased funding for public receiving facrltiesandmaintaining funding for public facilities if new state general revenue is provided fk#kK • Support legislation that fully maintams'and preserves critical mandatory and optional Medicaid services without imposing additional costs on local governments. • Opp 1, e,e state funding reduction to the county health departments. • t'0 ose any inc°1<udiniz the C11»»nttA`ncrPaceci fi1'rirli Environment: g reduction to programs serving the elderly and disabled, ion needs of elderly, disabled, and indigent populations. for weatherization assistance and home energy elderly and disabled. Support legislation related to numeric nutrient criteria that is science -based, incorporates meaningful stakeholder participation and does not derail the State's well -established and effective Total Maximum Daily Loads, and will not result in high costs to fragile state and local economies. C:\Documents and Settings\Tennyson-lisa\Desktop\Lobbying Legislative Stimulus\Legislative Package 2011 Working Draft-ver5.docx Support state funding sources to assist local governments in developing and implementing necessary climate change initiatives and legislation that incentivizes the development of alternative energy sources and provides incentives for local governments to assist in state energy programs such as green building and carbon emission reductions. Oppose legislation that would result in additional energy -related mandates to county government without funding to implement such mandates. SLipport legislation that provides resources and incentives to local governments to achieve any statewide recycling goals; support reinstating state funding of Solid Waste Management Grants. • Support legislation that streamlines permitting and regulatory professes for solar products and installers. Judicial/Justice System: • Support legislation that ensures that small counties, such as Monroe, have sufficient resources for the operation of Florida's court system. • Support reducing or eliminating statutory requirement for counties to increase funding for certain court expenses and infrastructure by 1.5% over the prior county fisca`14�y funding for their priority or avails associated with • Support legislation that rai $1,000. >. Currently Florida statute requires counties to increase by 1. S% on an annual basis regardless of need, Mould be able to recoup the cost -savings use reductions, efficiencies implemented, etc. statutory cap on county ordinance violations to • Support legislation that reduces medical expenses for county detention facilities by setting a standardized state-wide reimbursement amount paid by counties to medical providers for health services to inmates and arrestees at the established Medicaid rate or less. Currently, providers of medical services to inmates are supposed to determine whether or not an inmate has insurance or means to pay. If not, the provider bills the county. However, many times providers just go ahead and bill county without checking on insurance and in turn bill at exorbitant rates, that we have to reimburse... legislation would limit this reimbursement to I10% of medicare... the same as the state's policy for inmates. • Support additional Dept. of Juvenile Justice funding to allow retention of holding facilities separate from the adult population for youth in areas where the youth's home is more than 35 miles (or some other determinant) from the nearest juvenile CADocuments and Settings\Tennyson-lisa\Desktop\Lobbying Legislative Sbmulus\Legislative Package 2011 Working Draft-ver5.docx detention center; oppose any legislation that further erodes the ability to detain youth near their families. Emergency Management: • Support legislation that provides or ensures sufficient funding for emergency management related facilities to meet the evacuation and shelter needs in small, high -risk counties, such as Monroe. • Support state funding for county special needs patients and shelters. • Support continued state funding for county EOCs to ensure each is able to meet the minimum structural survivability and operation space criteria established by state and federal government. Libraries: Support full funding of State Aid to Libraries based on: the current statutory formula that provides counties 25 cents to every locspent. As an interim step in accomplishing full funding, support a $10 million increase in state aid to public libraries. State aid to the Florida Libraries Program is a continuing State grant program authorized"" Statute. For forty years, the State Aid to Libraries has been an incentive program, designed to encourage counties to provide library service to the residents. Florida is permitted to giant £operating funds to county libraries at a rate of up to $.25 on the dollar. In recent years, State support has dropped perilously low and the fund is providing grants at $. 07 on the dollar. • Support measures that ensure decisions and policies regarding county libraries are made at the local level. General: • Support a two year suspension of any new state agency rule or amendment to an existing rule that would have a fiscal impact on county government. • Oppose any legislation proposing an amendment to the Florida Constitution imposing term limits on elected County or municipal officers. Support state action requesting that Congress repeal Section 511 of the Tax Increase Prevention and Reconciliation Act of 2005 requiring local government to withhold federal taxes on goods and services without any funding. CADocuments and Settings\Tennyson-lisa\Desktop\Lobbying Legislative Stimulus\Legislative Package 2011 Working Draft-ver5.docx Support granting counties greater flexibility in determining communication alternatives for informing citizens of public meetings and workshops. (Right now, state law requires ad space in local newspapers as the only method of meeting public notice requirements, but studies show that the public uses internet and cable to get most of its information, and these technologies are low cost alternative to more costly ad space in print media.) Support insurance legislation that will provide lower, residents of Monroe County. The county supports thi bill: preserving the authority of the Office of Insuranc and use" permanent; requiring enhanced modelingftl modeling; requiring annual review of risk models;lTe third party claims adjuster companies (MGAs — marry ate rates to components of a gulation; making "file s, both wind and water and created by insurance companies; creating a 4 year statute o initial claims filing; and limiting the commission of public adjL only to the supplemental claims they facilitate. auditing of agencies) hired tations on s to 2'6% and CADocuments and Settings\Tennyson-lisa\Desktop\Lobbying Legislative Stimulus\Legislative Package 2011 Working Draft-ver5.docx MONROE COUNTY FEDERAL LEGISLATIVE PRIORITIES 2011 • Support Monroe County's Appropriations Requests: q $ 10 million toward $220 million state -mandated wastewater infrastructure proj ect. q $ 4 million for urgent bridge repairs. ` q $ 3 million for an Emergency Operations Center. • Support legislation that would authorize or_ appropriate increased. funding or allow for new funding sources to finance water and wastewater infrastructure -and fi� .r oppose any efforts to reduce funding for critical grant=programs and other funding sources. • Promote passage of the highway reauthorization bill with increased funding for programs that address critical transportation infrastructure; including funding for Monroe County's bridge repair project. • SLipport creation_of a'Nat.onal Catastrophic Insurance Fund to spread risk from !z! natural disas�te>�s,,,across M states and eliminate legal battles in determining damage caused{by} wind versus water due to hurricanes. Support reauthorization'of federal ai>rpbrt and aviation programs. • Advocate for full funding of the=Edwin Byrne Memorial Justice Assistance Grant program in the coming federal fiscal year. • Advocate for the preservation of the current level of federal funding for Monroe County's disaster recovery, housing, social and community service programs including the Community Development Block Grant and the Community Services Block Grant programs. • Support repealing Section 511 of the Tax Increase Prevention and Reconciliation Act requiring counties to withhold 3% federal taxes on payments for services or products, without any funding from the federal government, beginning in 2011. Governments will likely have to make programming changes to financial and accounting systems, purchase new software, register new vendors and possibly hire additional staff to keep up with the new data files and paper reports. CADocuments and Settings\Tennyson-lisa\Desktop\Lobbying Legislative Stimulus\Legislative Package 2011 Working Draft-ver5.docx Monitor any legislation related to FEMA Funding for Parks & Recreation/Pre- Disaster Mitigation Programs: concerning reauthorization of the Disaster Relief and Emergency Assistance Act, particularly language which would have a significant negative impact on parks and recreation areas, denying funding, under the Stafford Disaster Relief and Emergency Act, for disaster relief to parks, recreation departments, beaches and other similar entities. Also, monitor any proposals for FEMA to offer pre -disaster mitigation pilot grants in communities throughout the nation (a total of $220 million was authorized over a 6-year period). Support legislation that amends federal law (U.S. Code of Federal Regulations, Title 42, part 435.1009) to allow the continuation. of federal entitlement benefits (Federal Financial Participation) for inmates; mcluding juveniles, in County jails who are accused of committing a crime and are awaiting trail, even if incarcerated, until they are convicted of a crone. Currently a person incarcerated in a county jail or juvenile detention center is inelagable to retaan Nle'dicare and Medicaid benefits or Social Security Disability Insurance once they enter tliegfacility. As a consequence, the cost of medical care for these inmates becomes a non federalesponsibility, typically born by county government at a significant expense, upon arrest or Support legislation that allows for the suspension, rather than termination, of Medicaid benefits for individuals including juveniles who are convicted of a crime and incarceratedfor less than one year. In many cases where states cannot afford to provide the nonfederal costofproviding medical services to FFP eligible persons, their eligibility is someti es suspe. ed or terminated. If the individual has been terminated from these programs, it may fake months fob these federal benefits to be restored once they leave the institution.;'' a • Support expanding authorization, for local governments to use approved federal contracts and vendors to mcl* conservation and green projects. Support funding for the South East Florida Climate Adaptation Pilot: SE Florida, comprised of Broward, Miami -Dade, Palm Beach, and Monroe Counties, is home to nearly 5.5 million residents, accounts for nearly one-third of Florida's total economic production, and is one of the most vulnerable regions in the United States to the impacts of climate change. The Four -County Area is requesting $15,000,000 as part of the Federal Clean Energy or related legislation to support the development of a regional climate change adaptation strategy for SE Florida. Without intervention, continued increases in sea level will inundate vast coastal areas and compromise the region's drinking water supply. Recognizing the need for immediate action, the counties of Southeast Florida convened a Regional Climate Leadership Summit and later signed a Regional Climate Compact, committing to the cooperative development a regional climate strategy to address shared mitigation goals and adaptation needs. Funding of this CADocuments and Settings\Tennyson-lisa\Desktop\Lobbying Legislative Stimulus\Legislative Package 2011 Working Draft-ver5.docx appropriations request, and the support of our federal partners, will be pivotal to this endeavor, and the development of a climate adaptation strategy for SE Florida is expected to serve as an effective national model for other vulnerable areas of the Country. The development of regional adaptation strategy will involve a 2-3 year effort focused on the development of appropriate models and planning tools that will set the stage for the adaptation strategies to be employed by local governments and the South Florida Water Management District. Particular areas of vulnerability and analysis will include sea level rise, drainage and flood control infrastructure, changing precipitation patterns, impacts on groundwater levels, surface water management, and saltwater intrusion and its influence, ion potable well fields and water supplies. Efforts will include the downscaling of regional climate models to an appropriate level to provide suitable predictive abilities for the legion. The SE Florida Climate Adaptation Pilot Project will reqiiiie vast technical support and professional services to be provided by industry as well as agency partners. Pilot project deliverables will include: • County -level system modeling/scenario testing/plan development • Regional system modeling/scenario testing/plan development • Southeast Florida Regional Climate Change Adaptation Plan - including`Plan for Early Response Infrastructure Total Request: $1 S million. • $8 million total for each of the 4 partner ,.counties to analyze urban drainage surface water management infrastructure with effort to be built upon surface /groundwater models, saltwater intrusion models, and clifate m, o�dels with a detailed assessment of yrM e3,�% k% i function of existing drainage infrastructure and de"velopment of adaptation recommendations for maintaining adequate level of drainage and flood control. • $7 million for regional flood control and surface water management modeling to be managed by the South Florida Water Management District to integrate regional scale climate model and salt water modeling, in the context of the Comprehensive Everglades is part of a regional adaptation strategy. CADocuments and Settings\Tennyson-lisa\Desktop\Lobbying Legislative Stimulus\Legislative Package 2011 Working Draft-ver5.docx LISTING OF SERVICES PROVIDED BY MONROE COUNTY Monroe County government provides most of the basic services that keep our community and economy functioning and our citizens safe and healthy. The Florida Constitution establishes the same basic organizational structure for Florida's 67 counties and, depending on local circumstances and resources, many counties, such as Monroe, assume additional responsibilities to meet local needs. The following is a range of some of the services performed by Monroe County: • Infrastructure o Wastewater/Storm water o Road construction and maintenanc( o Bridge construction and maintenan o Solid waste management, disposal o Ensuring adequate water supply • Environment o Growth management planning o Infrastructure concurrency o Land use permitting o Wetlands protection,.,,,,, o Disposing houoL o Parks and beaches. n { waste • Public Safety o Providing Fire ProtectibMand Emergency Medical Services o Hurricane and Disaster preparation, coordination, response and recovery o Evacuation and shelters o Funding the sheriffs, their deputies and their duties o Providing and maintaining county jails o Juvenile justice detention and prevention programming o Building inspections o Animal control • Justice System o Constructing, maintaining and protecting the facilities for civil and criminal courts o Ensuring access and participation aids for the disabled to the justice system o Recording the official filing and outcome of legal disputes o Serving warrants and other legal papers o Providing legal services for indigent citizens CADocuments and Settings\Tennyson-lisa\Desktop\Lobbying Legislative Stimulus\Legislative Package 2011 Working Draft-ver5.docx • Economic and Community Development o Tourism development and support o Working waterfront o Open spaces/parks/beaches o Public libraries o Affordable housing Health and Social Services o Life -sustaining services to elderly and disabled o Indigent medical and mental health care o Community health services o Immunizations o Veterans services o Mental health assistance o Elderly services o Weatherization and home energy as o Homelessness prevention • Administrative Functions o Registering all voters o Conducting elections o Recording deeds o Issuing marriage.,nhcense o Registration ofehicles. o Providing record a of ch support payments CADocuments and Settings\Tennyson-lisa\Desktop\Lobbying Legislative Stimulus\Legislative Package 2011 Working Draft-ver5.docx