Item O3 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: September 17, 2013 Division: County Administrator
Bulk Item: Yes No x
Staff Contact Person/Phone #: Lisa Tennyson x4444
AGENDA ITEM WORDING: Approval of the Monroe County 2014 State and Federal Legislative
Agenda.
ITEM BACKGROUND:
Each year, the County develops a legislative agenda as an advocacy tool at State and Federal levels.
Staff has provided a draft list of substantive priorities (six state and four federal) and some additional general
issues for the 2014 state and federal legislative sessions; and welcomes the addition or deletion of issues that
the Board deems appropriate for the County's 2014 legislative efforts. For informational purposes, staff has
included some background and discussion on many of the legislative issues listed.
Upon Board approval, staff and the contract lobbying teams will pursue the legislative issues approved by
the Board, and in so doing, place appropriate priority on the issues that the Board directs to receive a special
level of attention in 2014. The approved agenda shall be brought to the BOCC for revisions/additions should
additional issues arise before and during session.
Typically, the County focuses on its legislative priorities, and then supports the Florida Association of
Counties (FAC) and National Association of Counties (NACO) in achieving their broader substantive
initiatives. FAC will finalize their 2014 legislative program during their legislative conference on November
13-15, 2013; it will be disseminated to the Commission when complete.
As a member of the Southeast Regional Climate Change Compact, Monroe also supports the Compact's
annual legislative agenda which advocates for state and federal action related to energy and climate issues. The
Compact has not yet finalized its 2014 legislative agenda. This will be disseminated to the Commission when
complete.
The Florida State legislative session officially begins March 4, 2014 and concludes May 2, 2014. The U.S.
Congressional legislative session runs from January to December. We are currently in the second session of the
113"'Congress.
PREVIOUS RELEVANT BOCC ACTION:
Approval of the 2013 Legislative agenda in January 2013; approval of revised Legislative Agenda in
February 2013.
CONTRACT/AGREEMENT CHANGES: NA
STAFF RECOMMENDATIONS: Approval
TOTAL COST: NA INDIRECT COST: BUDGETED: Yes No
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BY: County Atty Z-1-1`OMB/Purchasing Risk Management
DOCUMENTATION: Included XX Not Required
DISPOSITION: AGENDA ITEM#
Revised 1/09
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Monroe County Board of County CornryflsMonwners L.egklaflve IRilomifies 201.4.
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Mayor George Neugent, District 2
Mayor Pro Tern Heather Carruthers, District 3
Danny Kolhage, District 1
David Rice, District 4
Sylvia Murphy, District 5
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Senate District 39: Dwayne Bullard
House District 120: Holly Raschein
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Florida Association of Counties
Small County Coalition
Florida City and County Management Association
National Association of Counties
International City/County Management Association
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Reportand Discussion....................................................................................................................................... P. 3
SummaryList of State Priorities..................................................................................................................... 5
SummaryList of Federal Priorities ................................................................................................................. 6
State Legislative Agenda
Wastewater Infrastructure................................................................................................................ 7
Acquisition of Environmentally Sensitive Land .............................................................................. 7
Citizens/Wind Insurance Affordability............................................................................................. 9
County Revenue Protection.............................................................................................................. 9
State Funding for Critical Infrastructure/Services........................................................................ 10
RESTOREAct........................................................................................................................................ 10
General State Legislative Issues/Advocacy..................................................................................... 11
Federal Legislative Agenda
National Flood Insurance Program/Biggert-Waters........................................................................ 21
Land Acquisition of Environmentally Sensitive Land....................................................................... 23
Military/Naval Air Station Compatibility............................................................................................ 24
Water Resources Development Act 2013......................................................................................... 25
Appropriations and Re-Authorizations.............................................................................................. 26
General Federal Legislative Issues/Advocacy................................................................................... 28
Monroe County Board of County Cornn~rruissioners In.egklaflve RumioN ies 201.4
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BACKGROUND:
Staff is seeking Board approval of the issues presented herein to be included in the County's 2014 State and
Federal Legislative Programs. Upon Board approval, staff and the contract lobbying teams will pursue all of
the legislative issues approved by the Board, and in so doing, place appropriate priority on the issues that the
Board directs to receive a special level of attention in 2014.
Annually, the Board reviews legislative priorities and gives direction on and approval of priority legislative
issues to guide the County's lobbying efforts at both the state and federal level. Typically, the County
identifies as priorities only its most pressing issues and then supports the Florida Association of Counties
(FAC) and National Association of Counties (NACO) in achieving their broader substantive initiatives. FAC will
finalize their 2014 legislative program during their legislative conference on November 13-15, 2013.
Staff has provided a draft list of substantive priorities (six state and five federal) and a list general issues that
we should monitor for the 2014 state and federal legislative sessions; and welcomes the addition or deletion
of issues that the Board deems appropriate for the County's 2014 legislative efforts.
Each year the BOCC and staff evaluate the trends and issues affecting all County programs and services to
identify potential policy or substantive legislative issues. Like most legislation, the County's legislative efforts
are incremental and focused on issues that are built upon throughout several sessions, such as wastewater
funding and Citizen's wind insurance affordability; these will continue to be legislative priorities in the 2014
session.
A significant substantive issue has been identified and we have already begun working on it: the need to
educate state and federal legislators about the impacts and consequences of Monroe County's challenge of
protecting both environmentally sensitive land and private property rights. Another new important issue we
will begin addressing is working in partnership with the Navy to address mitigation of the noise impacts of
additional flight operations at the Key West Naval Air Station,with funding for sound attenuation.
For the past several sessions, the legislature has focused efforts on further reducing state government and
the state budget. Though the State is not facing a budget deficit this year, the Governor has recently called
for reducing the budget by $500M by further lowering taxes and fees. It remains important for the lobbying
team to monitor the budgetary and programmatic decisions made by the Legislature to determine their
impact on local governments in the form of revenue reductions, cost shifts and unfunded mandates.
It is beneficial for the Board to be active participants in the legislative process by testifying on behalf of the
County and working with the legislative delegation. Staff will continue to keep the Board involved in
legislative issues through agenda items, resolutions, memoranda, "Call to Action" emails, and regular
updates.
The 2014 legislative session will begin on March 4, 2014, and is scheduled to conclude on May 2, 2014. The
US Congressional legislative session runs from January to December. We are currently in the second session
of the 1131"Congress.
Page 3
LOBBYING CONTRACTS:
The County utilizes contract lobbying services at the state and federal levels to further the County's legislative
goals and in pursuit of support and appropriations for key local projects. The contract lobbying firms provide
a daily presence by advocating the County's legislative priorities with the County's legislative delegation.
At the state and federal levels, Monroe County's state and federal lobbyists have concentrated on supporting
the County's policy issues and securing wastewater funding. After many years of legislative lobbying work,
the State appropriated the first year's $50M in Mayfield funding for wastewater; $30M of which is funding
the Cudjoe Wastewater Treatment Plant.
Throughout this past session, Floridian Partners and William J. Peebles (with a sub-contract for Capitol
Insight) worked to pursue the Board's state legislative priorities.The County's lobbyists along with FAC and all
Florida counties, lobbied aggressively in the last few weeks of the session to protect the County's local growth
management authority and homeowners in Cudjoe with permit extensions, and defeated bills that would
have prohibited future purchase of conservation land and reduced important revenues to the County.
The County currently contracts with Floridian Partners and William J. Peebles (with a sub-contract to Capitol
Insight. Last year, we sought to engage the municipalities in a coordinated lobbying effort focused on
wastewater funding and share the costs of the contract with Peebles/Capitol Insight (which did not
materialize.) For the upcoming session, staff will be recommending termination of that contract and
execution of a new contract with Peebles/Capitol.
For the upcoming session, Floridian Partners, William J. Peebles, and Capitol Insight will focus on several
issues: wastewater, land acquisition, wind insurance, RESTORE Act support, and various programmatic and
financial interests, as they arise in the upcoming session.
For the specific focus area of the RESTORE Act, we contracted with Mathews Webster Consulting; that
contract ended August 301". In consideration of the quieting of settlement talks, and the delay in the
promulgation of program rules by the Treasury Department, staff does not recommend renewal of that
contract at this time.
Monroe County's federal lobbying team is Cardenas Partners. Cardenas' efforts have been vital in advocating
the County's legislative priorities at the federal level where County staff has limited access. The Board has
focus the County's federal legislative program on issues and specific substantive issues such as WRDA, Army
Corps, compatibility issues with the Naval Air Station, and appropriations, when possible. Most recently
Cardenas has provided key assistance with UASI and ICE funding. Most substantive issues that the County has
at the federal level are coordinated through the County's National Association of Counties (NACO)
representation.
Staff coordinates regularly with all of the lobbyists by phone and e-mail to strategize on key federal and state
policy, regulatory, and budget issues. In addition, lobbyists will submit monthly memoranda to update the
Board on their lobbying activities in order to further improve communication between the Board and their
federal lobbying firm.
Please find below a listing of the proposed Monroe County 2014 state and federal legislative issues; with a
brief discussion on each.
Monroe County Board of County Cornrrruissioners LeE;isllaflve IPidoi ,ies 201.4
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WASTEWATER INFRASTRUCTURE TO PRESERVE WATER QUALITY IN THE FLORIDA KEYS
➢ SUPPORT year two of four year appropriation program for $50 million per year in state funding for
a total of $200 million to finance the construction costs of mandated wastewater improvement
projects in the Florida Keys.
CONSERVATION LAND ACQUISITION TO PROTECT THE ENVIRONMENT OF THE FLORIDA KEYS.
➢ SUPPORT Monroe County's request to the State to partner in the acquisition of land in the Florida
Keys where development potential is severely restricted by the state's designation of Monroe
County as an Area of Critical State Concern, by hurricane evacuation rules, and environmental
sensitivity. Specifically:
1. Support County's request to the State of Florida Division of State lands continue to aggressively
acquire vacant, privately owned land in the Florida Keys as a State partner in the ACSC
program; targeting specifically, the acquisition of 3,536 parcels of Tier I land (5,800 acres)
within the Florida Forever acquisition boundaries (ie, prioritize Monroe County lands in the DEP
Florida Forever Work Plan.)
2. Support County's request that the State partner with the County to identify funding for the
purchase of conservation lands not included in the Florida Forever boundaries.
➢ SUPPORT continued and additional Florida Forever Funding.
➢ OPPOSE any legislation that limits/restricts public purchase of conservation land.
CITIZENS/WIND INSURANCE
➢ OPPOSE legislation that increases present insurance premiums.
➢ OPPOSE legislation that limits the availability of Citizens coverage (particularly in areas such as
Monroe,where there is no reasonable degree of competition for windstorm insurance.)
➢ SUPPORT the legislative efforts of Fair Insurance Rates for Monroe.
PROTECT COUNTY REVENUES
➢ OPPOSE any legislation that eliminates, reduces, or restricts uses of the Communications Services
Tax and the Local Business Tax.
STATE FUNDING FOR THE COUNTY'S INFRASTRUCTURE AND SERVICE NEEDS
➢ SUPPORT continued/increased state funding for local infrastructure and service needs. Continue to
make State leaders aware of the County's funding needs for: ROADS and BRIDGES, RESTORATION OF
IMPAIRED CANAL WATERS,AFFORDABLE HOUSING, ELDERLY SOCIAL SERVICES,and HEALTH DEPARTMENT
RESTORE ACT FUNDING
➢ Continued SUPPORT for the Resources and Ecosystems Sustainability, Tourist Opportunities, and
Revived Economies of the Gulf Coast Act of 2012, and on-going coordination of all parties to ensure
the funding of programs and projects related to the environmental and economic health of the
counties along Florida's Gulf coast. SUPPORT Monroe County's water quality projects pursuant to
state and federal requirements to improve the quality of near shore waters to protect the Florida
Keys National Marine Sanctuary.
Page 5
NATIONAL FLOOD INSURANCE AND FEMA
➢ SUPPORT efforts to delay or postpone implementation of the Biggert Waters Flood Insurance
Reform Act which requires changes to major components of the National Flood Insurance Program
(NFIP), including flood insurance rates, flood hazard mapping and the management of floodplains.
Subsidized flood insurance rates are being phased out for non-primary homes and business
properties. Biggert-Waters Act of 2012 will result in drastic premium increases for residents in
coastal communities,such as Monroe County, and be detrimental to our economies.
ACQUISITION OF ENVIRONMENTALLY SENSITIVE LAND
➢ SUPPORT County request to the appropriate federal agencies that they continue to aggressively
acquire vacant, privately owned land and to target the acquisition of lands containing suitable
habitat for and known populations of federally-designated wildlife species (Endangered Species
Act.)
➢ SUPPORT request for federal assistance with acquisition of conservation lands that also serve as
military buffer zones through Department of Defense's REPI (Readiness and Environmental
Protection) which funds cost-sharing partnerships for the military with state and local
governments and private conservation organizations to address the need for compatible land use
and conserved natural landscapes in support of military readiness.
MILITARY/NAVAL COMPATIBILITY
➢ SUPPORT Monroe County's recommendations related to the Final Environmental Impact
Statement dated August, 2, 2012, particularly with concern to the significant and unmitigated
noise impacts related to the use of the FA-18E/F Super Hornet aircraft. Specifically, The County
asks that the Navy consider fully mitigating for the noise impacts associated with proposed
increases in flight operations through sound attenuation.
WATER RESOURCES DEVELOPMENT ACT
➢ SUPPORT passage of the Water Resources Development Act 2013.
➢ SUPPORT the inclusion of unincorporated Monroe County's water quality infrastructure projects
in the authorization (after the completion of funding for the current authorization.)
APPROPRIATIONS AND RE-AUTHORIZATIONS
➢ SUPPORT federal programs in FY 2014 appropriations that enhance County services: DOJ, Energy,
EPA, Homeland Security, Community Health, Substance and Mental Health, FAA, FHWA, CDBG,
Veteran's Affairs.
➢ SUPPORT re-authorization of Map-21/Transportation and Older Americans Act.
Monroe County Board ofCounty Commissioners Legislative Rilortias 281.4.
PRIORITY: WASTEWATER INFRASTRUCTURE TO PRESERVE WATER QUALITY KPNTHE
FLORIDA KEYS
SUPPORT year two of four year appropriation program for $50 million per year in state funding for a total of
$200 million to finance the construction costs ofmandated wastewater improvement projects in the Florida
Keys.
Discuss/on:
Advanced wastewater treatment infrastructure in the Florida Keys is pursuant to the National Marine
Sanctuary's Water Quality Protection Program, administered by the U.S. Environmental Protection
Agency and the State of Florida's Department of Environmental Protection.
The program is designed to restore and safeguard water quality needed to protect the vvor|d'othird
largest barrier reef, the |ar8estsea8rass meadow inthe hemisphere, and more than 6,UUU species of
marine life.
Guff of Mexico
Florida Straits
PRIORITY: CONSERVATION LAND ACQUISITION TO PROTECT THE ENVIRONMENT OF
THE FLORIDA KEYS
)- SUPPORT Monroe Countyo request tothe State to partner in the acquisition of land in the Florida
Keys where development potential is severely restricted by the otate'o designation of Monroe
County as an Area of Critical State Concern, by hurricane evacuation rules, and environmental
sensitivity. Specifically:
1. Support County o request tothe State of Florida Division of State lands continue to aggressively
acquire vacant, privately owned land in the Florida Keys as a State
partner in the ACSC program; targeting specifically, the acquisition of
3,536 parcels of Tier | land (5,800 acres) within the Florida Forever
acquisition boundaries (ie, prioritize Monroe County lands in the DEP �
Florida Forever Work P|an]
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2. Support County's request that the State partner with the County to identify funding for the
purchase of conservation lands not included in the Florida Forever boundaries.
➢ SUPPORT continued and additional Florida Forever Funding.
➢ SUPPORT County land acquisition efforts/requests through the Military Protection Program.
➢ OPPOSE any legislation that limits/restricts public purchase of conservation land.
Discussion:
The Florida Keys is a unique and important state and federal environmental treasure. We are an Area of Critical
State Concern, a designation given to us by the State, and one that strictly controls the types of and places for
development. The state grants Monroe County 197 permits per year (255 including the municipalities). There
are approximately 8,000 vacant, privately-owned lots within the unincorporated
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portions of Monroe. With an annual allotment of 197 permits per year, it would'
take a very long time(41 years) before we could permit 8,000 parcels.
In addition, recent hurricane evacuation rules require that we be able to evacuate
everyone in the County within 24 hours. The recent modeling tells us that at the
rate of 197 permits per year, we will reach the 24 hour max clearance time in 10
years. In other words, the County will only be able to permit construction on a
fraction of those privately owned lots; the deficit of building permits could trigger
takings lawsuits against the County and the State from owners who have been denied the ability to build on
and use their property. The total tax assessed value for these 8,000 parcels is
approximately$250M.
Through the Monroe County Land Authority, the County has two dedicated
revenue sources through which it funds acquisition of conservation land (half
of the one cent tourist impact tax, and a State park surcharge).These sources
generate about $900K for land acquisition; at that rate it would take about
270 years to generate the necessary funds.
The County will need to pursue various options for land acquisition. At the state level, one priority is to have
these parcels prioritized within DEP's Florida Forever work plan. The Florida Forever Act, a 10-year, $3 billion
program enacted in 2009, allocated funds to acquire and preserve valuable land. In recent years, state funding
for Florida Forever has declined significantly. The County has 3,351 Tier I (environmentally sensitive) parcels
within the Florida Forever Boundary that are privately-owned and vacant; they have an approximate value of
$25M. For the majority of parcels that are not included in FF boundaries, the County will be requesting that
the State partner with it to identify/develop funding to acquire that land.
In 2013, the State legislature passed the Military Base Protection Program bill
enacted to allow for the acquisition of state lands other than for preservation,
conservation and/or recreation, for the purpose of buffering a military installation
against encroachment. To the degree any properties lie within the buffer areas of
the KW NAS, Monroe County should advocate for acquisition of land in these areas
through the state's Military Protection Program.
Further, last year, legislators sought legislation to restrict or prohibit state and local
government purchase of any more conservation land. FAC has recently informed y ��
County staff that they expect this legislation to be introduced again this session.
Monroe County Board of County Commissioners Legislative IPmiomfties 201.4
PRIORITY: CITIZENS/WIND INSURANCE
OPPOSE legislation that increases present insurance premiums.
OPPOSE legislation that limits the availability of Citizens coverage (particularly in areas such as Monroe,
where there is no reasonable degree of competition for windstorm insurance.)
SUPPORT legislative efforts to establish premiums that are commensurate with actual risk.
SUPPORT the legislative efforts of Fair Insurance Rates for Monroe.
Discussion:
Citizens Property Insurance writes wind policies for 91%of the residential properties in Monroe County.There
is no other provider of wind insurance in Monroe County. Each year Citizens lobbies the State legislature to
increase its premiums and limit its availability; higher costs and limited coverage
negatively impacts our citizens, our real estate market and our economy. Monroe
County opposes any legislation that increases present premiums or efforts to further
depopulate (for example, prohibiting homes over a certain market value, or second "
homes, from coverage); and supports legislation that establishes premium rates that
are commensurate with actual risk. (Due to our low elevation, the greater damage in a r
storm event will come from flooding/storm surge.We are required to build to Category i
4 hurricane standards, but we will be flooded in a Cat 3 hurricane.) Monroe County will
coordinate with and support the legislative efforts of FIRM.
PRIORITY: PROTECT COUNTY REVENUES
OPPOSE any legislation that eliminate, reduces, or restricts uses of the Communications Services Tax and the
Local Business Tax.
Discussion:
The Communication Service Tax (CST) is a tax on the retail sales of communications services, which include
voice, data, audio, video and any other information including cable (video) services. Internet access, email
services, and prepaid calling arrangements (cards and cellphones) are not included and account for
approximately 25% to 40% of all wireless phone use. Because of these changes in the industry and changing
technology,CST revenues have declined over the past several years.
The CST is a source of revenue for the state and local governments. Local governments have wide discretion for
the use of the revenue. And, local governments have discretion to set their own rates. There are currently 122
different local rates statewide. Monroe County's rate is 1.64% the maximum rate permitted for a non-charter
county.
Because these different rates cause consumer confusion, and because the industry changes are creating
competitive disadvantages, the 2012 Legislature created The Communications Services Tax (CST) Working
Group and charged making recommendations for improving the current system.
Bills were drafted that would repeal local government authority to levy the CST and revise rates, but they died
in committee.The legislature will to address this issue again this session. Monroe County can support legislative
changes to the CST as long as any changes are revenue neutrality and local discretion in the use of the revenue
is maintained.
Page
Per DOR estimate, Monroe County's revenue from this tax for next year is $605K. The revenue is directed, by
statute, to one of the County's General Purpose MSTUs, which funds growth management, Fire Marshall and
parks and beaches. (A very small amount of the CST also comes down with our infrastructure sales tax revenue;
and as such it's important to note that the CST revenue is pledged to secure debt.)
The Local Business Tax is a tax imposed by counties and municipalities on businesses, professions, occupations
operating in their jurisdictions. This tax has been the subject of legislation in recent sessions seeking to
eliminate it, reduce it, etc. We expect the same efforts this year. Monroe County's estimated revenue from this
tax for next year is $423K, and the County directs these revenues to its general fund. It's important to note
here that these revenues are also pledged to secure debt.
PRIORITY: STATE FUNDING FOR THE COUNTY'S INFRASTRUCTURE AND SERVICE NEEDS
SUPPORT continued/increased state funding for local infrastructure and service needs. Continue to make
State leaders aware of the County's funding needs for:
➢ ROADS
➢ BRIDGES
➢ RESTORATION OF IMPAIRED CANAL WATERS
➢ AFFORDABLE HOUSING
➢ ELDERLY AND SOCIAL SERVICES
➢ HEALTH DEPARTMENT
PRIORITY: RESTORE ACT FUNDING
Continued SUPPORT for the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived
Economies of the Gulf Coast Act of 2012, and on-going coordination of all parties to ensure the funding of
programs and projects related to the environmental and economic health of the counties along Florida's Gulf
coast.
SUPPORT Monroe County's water quality projects pursuant to state and federal requirements to improve the
quality of nearshore waters to protect the Florida Keys National Marine Sanctuary.
Discussion:
Several water quality and environmental projects have been submitted from Monroe County, its municipalities
and its stakeholders consistent with and in furtherance of the National Sanctuary's protection plan. We urge
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state support for funding for Monroe's RESTORE Act projects.
The Florida Keys National Marine Sanctuary's Water Quality Protection
Plan program's goal is to protect the fragile, extremely valuable and
unique Florida Keys ecosystem that supports essential habitats and
precious sea life throughout the Gulf region. It supports over 6,000
species of fish, invertebrates and plants, including the only living coral
reef in the continental United States.This ecosystem supports a fisheries
and tourism-based economy that generates$613 of economic activity per year.
The Sanctuary's Water Quality Protection Program, mandated by Congress and developed jointly with EPA,
NOAA,the State of Florida and the County of Monroe, is a comprehensive set of fully vetted and scientifically-
based projects centered on critical ecosystem components: near shore water quality (wastewater and storm
Monroe County Board of County Commissioners Legislative lPillomfties 201.4.
water infrastructure), coral reef preservation, sport and commercial fisheries sustainability, and habitat
protection.
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GROWTH MANAGEMENT/ENVIRONMENTAL REGULATION
OPPOSE legislation that prevents counties from having local environmental protection programs that are
stricter in nature than state or federal regulatory programs.
SUPPORT growth management legislation that is thoroughly vetted with all
stakeholders, and that takes a targeted approach to increasing regulatory
efficiencies, rather than broadly preempting local governments.
OPPOSE any legislation that restricts state, county and city government
purchases of conservation land, and which would effectively eliminate land ���
conservation efforts in the Florida Keys. ,,,
SUPPORT the continued designation of the Florida Keys as an Area of Critical a/
State Concern.
SUPPORT the current case law definition of the "ordinary high water mark" delineating state lands from lands
in private ownership and OPPOSE any changes to the definition which have the effect of transferring large
quantities of wetlands and uplands from state ownership to private ownership.
SUPPORT legislative efforts that strengthen the existing roles and home rule powers of local governments to
implement comprehensive planning programs that guide future development and encourage the most
appropriate use of land and natural resources.
SUPPORT legislation that provides additional state and local funding sources and statutory provisions to
j / f Gf„ ,J assist local governments in the following: 1) the acquisition of property or
the securing of development rights resulting in the preservation or
enhancement of public access to Florida water bodies; 2) the preservation
of recreational and commercial working waterfronts.
SUPPORT continued state and local regulation of vessels, mooring fields,
bulkheads and seawalls, floating vessel platforms, and seagrasses in order
to protect water quality.
OPPOSE further dilution of county authority to regulate vessels and waterways.
SUPPORT county home rule authority, and current statutory provisions, which allow counties retain their
current transportation concurrency systems, as adopted by local ordinance OPPOSE legislation that preempts
local government's ability to establish and maintain local ordinances which regulate billboards.
Discussion:
Last session,significant bills were introduced concerning prohibiting/limiting land purchase, limiting county
ability to review development permits, and mandating extensive inventorying of county property and
Page 1.�...
selling assets determined to be excess or underutilized. FAC has informed county staff that based on its
summer discussions with legislators,these issues will all be raised again in the upcoming session.
TRANSPORTATION
SUPPORT continuing enhanced state funding for the Small County Outreach Program (SCOP). This funding is
critical to Monroe County which is a small county with major bridge and local road responsibilities.
SUPPORT amending s.336.045, Florida Statutes, to include an additional paragraph
expressly authorizing Florida counties to determine the reasonable level and
frequency of local road maintenance.
SUPPORT redirecting the 2009 Motor Vehicle License Fee, Title Fee, and Initial
Registration Fee surcharges from the General Revenue Fund to
the State Transportation Trust Fund, which funds the important
SCOP program.
TOURIST DEVELOPMENT TAX/SALES TAX
SUPPORT legislation that would clarify that online travel companies are liable for tax on the difference
between wholesale and retail price of lodging.
LOCAL DISCRETIONARY REVENUE FLEXIBILITY
SUPPORT modifications to existing laws governing local discretionary revenue sources to provide greater
flexibility and more efficient administration and management.
AFFORDABLE HOUSING
SUPPORT efforts to ensure that funds within the Sadowski Housing Trust Fund are fully appropriated for
affordable housing and not rolled into General Revenue
SUPPORT the full allocation of doc stamp collection and trust fund balance for
affordable housing.
�JI f�%JU91fti//Jilu
Discussion:
State Housing Initiative Partnership Program (SHIP) funding has been an integral part
of the success of affordable housing programs in the State, and is well utilized in Habitat
tar Humanity'
Monroe County (Board of County Commissioners Legislative IPmiomfties 201.4
Monroe. SHIP is funded by the Sadowski Trust Fund,whose money is generated by documentary stamp taxes.
ii uuiiuuuiui'4,a V i��
According to the Florida Housing Coalition, the estimated $194M available
for appropriation from the state and local housing trust fund last year
would have created approximately 15 000 jobs and over$1.4B in economic
pp Y
activity. SHIP funding since 2011-12 has been swept the housing trust fund
monies into the State's general revenue with no appropriation for any of
Florida's affordable housing programs by the state legislature. During years
of state deficit, there is a rationale for this. However, this year,the there is
no budget deficit and a recovering economy that has generated $200M in
Sadowski trust funds, and an Attorney General settlement that brought
$200M in bank settlement funds for affordable housing related activities.
Without a budget deficit, Monroe County requests that full funding for Florida's affordable housing programs
be restored.
HOMELESSNESS
SUPPORT legislation that creates new, stable funding sources for homelessness programs and services.
SUPPORT the State of Florida Office on Homelessness and Council on Homelessness.
SUPPORT the following issues in conjunction with the Florida Homeless Coalition:
• SUPPORT Challenge Grants. For the coming fiscal year, the Coalition is seeking $51M, which will assist
local efforts in support of the local Continuum of Care Plan.
• SUPPORT an increase of $11VI to the state's 28 local homeless coalitions. The work of the 28 local
homeless coalitions results in the receipt of more than $78.7 million in federal funds.
SUPPORT legislation that streamlines current state statutes relating to homelessness and associated
programs.
SUPPORT the development of strategies that would allow local governments to work with the state and
federal government to serve target populations: The chronically homeless, Veterans and Families and
children, with particular emphasis on children aging out of the foster care system.
SUPPORT a process that would waive the fees related to obtaining personal identification from the state for
persons identified as homeless.
SUPPORT the implementation of discharge protocols and/or procedures for hospitals and correctional
facilities when releasing homeless persons.
Discussion:
Monroe County has the highest per capita homeless population in the state of Florida. The County and its
municipalities invest hundreds of thousands of dollars each year to address this issue. FCH is an organization
comprised of 28 separate Continuums of Care groups with advocates, service providers, leaders in the faith-
based community and other professionals. Each of these groups has joined to address homelessness and
quality of life issues. Last month, the Florida Coalition for the Homeless met in Orlando and approved their
legislative priorities for the 2014 state session,which include the grant and funding requests above.
Page 1.3
FAC has recently informed County staff that several legislators will introduce legislation to create a more
secure funding source for homelessness programs/services, perhaps from doc stamp taxes, or if there is
gaming legislation,from those revenues.
HEALTH AND SOCIAL SERVICES
SUPPORT preserving the ability of CHDs to provide primary care and direct patient care services, particularly
in communities without adequate substitutes or alternative providers for these services, maintaining state
general revenue funding for County Health Departments, and maintaining a
coordinated system of county health departments (CHDs) that is centrally
housed within the Department of Health (DOH).
j OPPOSE efforts to decentralize the public health j
system by transferring authority over CHDs from
the DOH to the respective county governments
any state reductions to the County Health Department Trust Funds; and any
wuRyamai efforts, legislative or otherwise, to limit or eliminate the provision of primary
care services in CHDs.
(J
° a SUPPORT appropriate funding for core mental health and substance abuse
services; and continued efforts to work through Medicaid reform initiatives to
ensure that persons with substance abuse and mental health treatment needs are appropriately served.
SUPPORT increased funding of the Criminal Justice Mental Health and Substance Abuse Reinvestment Grant
Program with recurring dollars in a trust fund. SUPPORT sustainable matching state funds to counties that
have received both planning and implementation Reinvestment Grant funds.
SUPPORT efforts to increase supportive housing, employment and education initiatives for people with
behavioral health issues and/or disabilities.
SUPPORT appropriate funding as outlined in the existing state capacity formula
for crisis mental health and substance abuse beds statewide, and increased
funding for public receiving facilities and maintaining funding for public facilities
if new state general revenue is provided to private receiving facilities. '
SUPPORT the continuation of a coordinated Transportation Disadvantaged (TD)
system, and appropriate and dedicated state funding for the TD program;
protect the TD trust fund. ,,,
SUPPORT continuation of funding for the Florida Healthy Families program.
SUPPORT restoration and expansion of state funding for the Community Care for the Elderly Program, which
provides cost efficient diversion from nursing home placement for impaired elders.
LIBRARIES
SUPPORT full funding of State Aid to Libraries based on the current statutory formula that provides counties
25 cents for every local dollar spent. As an interim step in accomplishing full funding,
µPage 14
Monroe County Board of County Commissioners Legislative lPillomities 201.4.
SUPPORT a $10 million increase in state aid to public libraries.
SUPPORT full funding of Public Library Construction Grant requests at$12.4 million.
SUPPORT measures that ensure decisions and policies regarding county libraries are made at the local level.
EMERGENCY MANAGEMENT AND STATE FUNDING AND/OR ASSISTANCE FOR OUT OF
COUNTY SHELTERING
SUPPORT assistance for building/identifying Out of County Shelter for
residents of Monroe County in cases of mandatory evacuation during
storm-related events and other emergencies.
SUPPORT continued state funding for county EOCs to ensure each is able
to meet the minimum structural survivability and operational ace
o s
p p
criteria established by the state and federal government.
SUPPORT an increase to the county base grant funding, which has
remained unchanged for nearly a decade.
( ti �di�rkii�i�u���Yrairm�mrmir�rrrrrclrr��r�nl�ui�ii�lir�l�a,i r,
SUPPORT maintaining the original intent and purpose of the EMPA Trust
Fund, which is to serve as a funding source for state and local emergency management programs, by ensuring
that all monies collected for purposes of funding emergency management, preparedness and assistance are
deposited into the EMPA Trust Fund and spent on emergency management activities.
OPPOSE legislative sweeps of the EMPA trust fund for non-emergency management purposes.
SUPPORT changes to the EMPA trust fund by ensuring the $2.00 and $4.00
annual surcharge on all homeowner and business insurance policies is
assessed on either a per-parcel or per-unit basis of coverage, rather than on
M �V
f 9 v{M1GC ✓W // R �/
a single policy and a repeal of the service charge to general revenue on the
EMPA trust fund and redirect these monies back to the counties in the same '
manner in which the EMPA base grant is distributed. ,
SUPPORT a 50/50 cost-share arrangement with the state for the non-
federal portion of the Hazard Mitigation Grant Program (HMGP) and the %",, �
current HMGP fund allocation and project selection process developed by
�p J p p �.;,
the DCA, and as defined in Rule 9G-22, Florida Administrative Code.
MEDICAID AND AFFORDABLE CARE ACT
OPPOSE any measure that would further shift federal and state Medicaid costs to counties.
MONITOR continued implementation of Medicaid expansion and ACA for impacts to Monroe County.
Discussion:
Page 1.5
Medicaid,a health insurance program for the very poor, is jointly funded by the state(41%)and the federal
government (59%). In Florida, the state requires counties to share in its match portion. Only 22 states
require this match from local governments. Medicaid eats up about 1/3 of the state budget.
There are two components to the Medicaid issue that we should continue to monitor. The first is the
county cost share with the state; the second is Medicaid expansion under the Affordable Care Act. In the
upcoming session, Medicaid expansion and other provisions of the Affordable Care Act will likely be
addressed. The County cost share issue is settled for now (although there will be an ongoing Working
Group.)
Cost Share: For Monroe,for the current fiscal year,this is approximately$700K. Last year,the State passed
Medicaid legislation that changes the formula for county cost share from a claims-based billing system to a
formula based on the number of Medicaid enrollees by county. This transition to enrollment could result
in significant cost increases for some counties. However, for Monroe County, this transition is financially
positive, in that our costs are projected through FY 20 to stay flat and then decrease modestly. Projections
for Monroe: FY'14-$706K; FY'15-$725K; FY'16-$723K; FY'17-$717K; FY'18-$710K; FY'19-$705K; FY'20-
$698K.) For many other counties this formula results in substantial cost increases and they are not happy,
so FAC is convening a Working Group to look at alternatives to distribute the costs. Monroe should closely
monitor this group's discussion;we have also volunteered to participate as a member.
Expansion: Currently, Medicaid requires coverage for only certain groups of impoverished individuals: low-
income children and some of their parents; poor pregnant woman; certain low-income seniors; and some
individuals with disabilities who are under the age of 65. With Medicaid expansion under the Affordable
Care Act, Medicaid eligibility will be extended to all impoverished families and individuals(with incomes up
to 138 percent of the federal poverty level) including groups who are currently left out of public health
coverage such as low-income, able-bodied parents, low-income adults without children, and many low-
income individuals with chronic mental illness or disabilities, who struggle to maintain jobs but don't
currently meet disability standards for Medicaid.
The federal government covers Medicaid expansion 100%for the first three years, and 90%through 2020.
Kaiser estimates that the total cost to the state if it chooses to extend Medicaid coverage would be about 3
percent more than the state currently spends each year on Medicaid.1 And,this doesn't include the offset
of potential savings to the state, by letting the state and counties reduce their contributions to an
assortment of state and local government-funded safety net programs (Medically Needy program, child
and maternal health, AIDS, rural health, mental health and substance abuse programs) whose low-income
participants, previously uninsured, will be now be covered by Medicaid, and federally subsidized health
insurance.
AFFORDABLE CARE ACT IMPLEMENTATION
MONITOR implementation of the Patient and Protection and Affordable Care Act (PPACA), including the
exchanges, subsidies for coverage, and penalties for failure to do so, which go into effect beginning in 2014
1 Kaiser Commission on Medicaid and the Uninsured, The Cost and Coverage Implications of the ACA Medicaid
Expansion: National and State by State Analysis; November 2012
Monroe County Board of County Commissioners Legislative IPilloilities 701.4
including any potential impacts on County-provided or county-funded health services/programs (jail
population, mental/behavioral health, county health department, etc.)
SUSTAI NABI LITY/ADAPTATION
SUPPORT state legislation that recognizes adaptation and mitigation as
critical climate change issues, and state funding for adaptation planning
and investments in areas such as roads and other infrastructure projects
that provide hazard mitigation and serve to reduce immediate and long-
term risks to critical infrastructure. "
SUPPORT a state comprehensive climate change action plan, energy
policies, and other initiatives to reduce carbon dioxide and other
compounds in the atmosphere which will help provide solutions to
present and future generations, including ecosystem sustainability, long term
g1 water supply, flood protection, public health and safety, and economic growth
a gP.�tlM A YI U.R YI IM .I ��UYg
e:r Ll lk 5.11 f..Ik01VL1 ui,r and prosperity.
SUPPORT the 2014 legislative initiatives of the SE Florida Regional Climate
Compact Counties of Broward, Miami-Dade, Palm Beach and Monroe and
municipal partners.
SUPPORT state funding sources to assist local governments in developing and
implementing necessary climate change initiatives.
SUPPORT legislation that creates a Clean Portfolio Standard (CPS) for the State
of Florida. Alternatively, support a Renewable Portfolio Standard (RPS)for Florida.
SUPPORT legislation that streamlines permitting and regulatory processes for solar products and installers.
RECYCLING AND SOLID WASTE
SUPPORT legislation that provides appropriate resources and incentives to local governments
to achieve any statewide recycling goals. Any recycling plan promulgated by the state must
take markets into account, as well as the fiscal situation that local governments are currently
facing.
in .
` OPPOSE legislation that imposes fees or taxes on local governments for collecting waste,
which is an essential governmental service.
SUPPORT removing the exemption in s.403.7046(3), F.S., that prohibits local government
from requiring commercial establishments that generate source-separated recovered
materials to convey such materials to the local government or to a facility designated by
the local government for recycling.
SUPPORT reinstating state funding of Solid Waste Management Grants.
OPPOSE preemption of county authority to franchise and otherwise regulate C&D haulers,
Page 1.'
recyclers,or disposal facilities.
PACE (PROPERTY ASSESSED CLEAN ENERGY)
SUPPORT state efforts to encourage/request that federal regulatory agencies (FHFA, Freddie Mac, Fannie
Mae) reconsider their opposition to the program, so that Florida's local governments can implement
residential PACE programs.
SUPPORT amending statutory language to clarify that in addition to energy retrofits and wind mitigation, that
flood mitigation is also an allowable use.
Discussion:
Property Assessed Clean Energy (PACE) is a financing tool that allows a
w,asurt xNU%✓J WY��ui�lW a�^N�` �N%NA1Y1�1b
homeowner to receive low-interest financing for energy efficiency and
renewable energy improvements, thereby saving that homeowner money
on their utility bills (and conceptually, at least on insurance premiums).
PACE financing is repaid through a voluntary long-term assessment on a
homeowner's property taxes over a 15-20 year time period. If a
homeowner sells their property, the repayment obligation, as well as the
benefits of the energy improvements,transfers to the next homeowner. ;
In 2010, Fannie Mae and Freddie Mac chose to stop underwriting
mortgages with PACE assessments. Because they underwrite nearly ninety percent of new mortgages,this
has brought very successful PACE programs to a halt.The Federal Housing and Finance Agency(FHFA),the
Federal Home Loan Mortgage Corporation (Freddie Mac), and Federal
National Mortgage Association (Fannie Mae) expressed concerns because
PACE financing takes a senior lien position in terms of property-based debt
repayment obligations and asserted that these assessments make it harder
to make repayments of those loans, and the risk cannot be supported by
these entities.Therefore, FHFA directed Fannie/Freddie to take actions that
they restrict mortgage lending opportunities and lower credit lines for
i;
homeowners who live in local governments that offer home energy retrofit
programs.
The PACE Assessment Protection Act introduced in the 112th Congress would restore the right of local
governments to establish PACE programs and would require that local governments follow prudent
standards to ensure that homeowners can afford any PACE assessments. The legislation also protects
Fannie Mae and Freddie Mac from potential losses. The legislation has nearly 50 co-sponsors, including
both Democrats and Republicans in Florida. In the Senate, Senator Boxer(CA) introduced legislation in the
111th Congress. Sen. Bennett (CO) sought to take the lead on this issue in the 112th Congress in the
Senate. No legislation is pending in the current Congress.
This type of funding program is important in that it not only allows the affordable financing of energy
retrofits, but also wind mitigation retrofits. And now, in light of changes to the National Flood Insurance
Program, it's possible that PACE programs could be used to help homeowners finance flood mitigation to
tackle rising flood insurance premiums.
Monroe County Board of County Cornry issioners Legisllaflve IPilloili ies 201.4
OIL DRILLING
OPPOSE efforts to lift the ban on oil drilling within Florida's /
territorial waters.
OPPOSE oil drilling on state lands.
OPPOSE hydraulic fracturing or"fracking." a
y.
SUPPORT the recommendations of the Florida Commission On
Oil Spill Response Coordination for changes to state and federal laws and regulations which will improve
response capabilities and processes to protect Florida's communities and natural resources, per its December
2012 report "Recommendations for Improving Oil Spill Planning and Response Capabilities in Florida." 2
PENSION "REFORM"
OPPOSE any benefit changes that result in a further increase in the FRS contribution rates or a reduction of
benefits without grandfathering or retaining existing calculation of benefits for existing employees.
Discussion:
The State legislature has sought changes to the FRS in each of the past few sessions. Recent changes include
increasing the employee contribution. Last session, it drafted legislation closing the traditional pension plan
to all new employees and making it compulsory for them to join the defined contribution/investment plan.
Reform efforts are explained as attempts to stabilize and strengthen the pension plan. Florida has one of the
strongest pension plans in the country,and continues to perform well.
Per a most FAC report on August 16, 2013, FRS posted strong investment performance this past year. Last
week the State Board of Administration (SBA) released investment performance figures for FY12-13 showing
that the FRS Defined Benefit (pension) plan earned a 13.12% return, beating its benchmark by 111 basis
points, and ending the year with a market value of$132.4 billion. This year-end market value represents a
fund balance increase of $9.65 billion more than last year's fiscal year-end figure. Ash Williams, Executive
Director and Chief Investment Officer for the SBA said, "The strong long-term performance can be attributed
to continued prudent diversification of assets,cost controls,and excellent fund manager selection."
The FRS Defined Contribution (investment) plan, which provides a flexible alternative to the traditional
pension plan, posted year-end gains in returns and participation. The annual return based on aggregate
employee fund selection was 10.12%, beating its benchmark of 9.68%. During FY12-13, 26% of newly hired
employees elected to join the investment plan and 5,722 pension plan members used their second election
to switch to the investment plan resulting in a record high 150,721 member accounts. Additionally, the
plan's year-end assets of$7.9 billion were at a record level, representing an increase of approximately 10%
over last year's fiscal year-end figure.
z This report can be found at: http://www.dep.state.fl.us/deepwaterhorizon/commission.htm
Page 1.
UNFUNDED MANDATES AND HOME RULE
OPPOSE unfunded mandates, pre-emption of local government authority (home rule), or other legislation
that is costly or detrimental to Monroe County's ability to serve the needs of its citizens.
Discussion:
The State Legislature has frequently passed legislation that compels local governments to provide a service,
program, or benefit without providing the appropriate funding or a funding source. This compromises local
governments' ability to provide services requested by our local communities by diverting resources to these
state-directed, unfunded mandates or cost shifts. In addition, as more and more mandates are created, local
governments are faced with the burden of using local tax dollars to finance functions that they have little
control over.The state must do a better job of truthfully identifying costs to local governments when passing
new legislation and must provide funding or a funding source for every legislative initiative that imposes a cost
on counties.
Home Rule is the principle that the government closest to the people is the appropriate authority to serve the
needs and requirements of the community. Home rule is the right of the people to determine and implement
a public purpose at the grassroots level. Home rule power is conferred to Florida counties by Article VIII,
Section 1(f) and 1(g) of the Florida Constitution (1968), and by section 125.01, Florida Statutes. The
preservation of this fundamental democratic concept is essential to the operation of county governments in
Florida,and which allows counties to develop and implement county-based solutions to local problems.
l o nnm e C Li n'ty B aird of C Li n'ty C rrwrriissio neums Le ;isllative IPirioirities 201.4.
IIIIIIIII,II IIIIIIIIII III I I (IIIIIIIIII IIIIIII I IIIIII I II IIIIII III III I IIIIIIIIIIIIIII IIIIII IIIIIIIIII III lcl IIIIII I IIIIIIIIIIIII III IIIIIIIIII,II IIIIII IIIIIII IIII I IIII
IIIIII I � � IIIIII � � � � � IIIIIII IIIIIIIIIIIII
Monroe County, Florida:
➢ Home to 32 Federally threatened and endangered
species.
➢ Home to 9 nationally protected areas, including the
Florida Keys National Marine Sanctuary and the
Everglades.
➢ Home to Naval Air Station Key West, the U.S. Navy's
premiere training facility.
➢ Strategically located between the Florida Straits and
the Gulf of Mexico.
➢ A region of
incomparable and Florida Keys National Marine Sanctuary
increasingly fragile
environment and a marine ecosystem that includes
6,000 species of fish, invertebrates and plants, including
the only living coral reef in the continental United
%.
States; and supports a fisheries and tourism-based
economy that generates $613 of economic activity per
year.
NATIONAL FLOOD INSURANCE AND FEMA
SUPPORT efforts to delay or postpone implementation of the Biggert Waters Flood Insurance Reform Act
which requires changes to major components of the National Flood Insurance Program (NFIP), including flood
insurance rates, flood hazard mapping and the management of floodplains. Subsidized flood insurance rates
are being phased out for non-primary homes and business properties. Subsidies for exiting policies covering
primary residences will not be phased out; however they will be immediately lost upon re-sale, policy lapse
or repetitive loss. The Biggert-Waters Act of 2012 will result in drastic premium increases for residents in
coastal communities,such as Monroe County,which will be detrimental to our economies.
SUPPORT increased funding for the Hazard Mitigation Grant Program, Flood Mitigation Assistance Program,
and Pre-Disaster Mitigation Program.
SUPPORT innovative property-owner financing programs, such as PACE, to incorporate wind and flood
mitigation retrofits to homes and commercial properties, and to eliminate federal agency obstacles to the
implementation of PACE programs for residential properties.
SUPPORT the creation of a national catastrophic insurance fund will spread risk from natural disasters across
all states and eliminate legal battles in determining damage caused by wind versus water due to hurricanes.
Discussion:
In 2012, the US Congress passed the Biggert Waters Flood Insurant Reform Act of 2012 which
calls on FEMA to make a number of changes to the way the National Flood Insurance Program is
run. Key provisions in the legislation will require NFIP to raise rates to reflect true flood risk, and
change how the Flood Insurance Rate map updates impact policy holders. (The act phases out
grandfathered rates and most to risk-based rates for most properties when the community
adopts a new Flood Insurance Rate Map.)
Major new provisions of concern:
• Owners of subsidized policies on non-primary/secondary
residences in a Special Flood Hazard Area (SFHA) will see a
25 percent increase annually until rates reflect true risk.
• Owners of subsidized policies on property that has
experienced severe or repeated flooding will see 25
percent rate increase annually until rates reflect true risk.
• Owners of subsidized policies on business/non-residential
properties in a Special Flood Hazard Area will see 25
percent rate increase annually until rates reflect true flood
risk.
• Primary residences will be able to keep their subsidized rates unless or until:
• The property is sold;
• The policy lapses;
• You suffer severe, repeated,flood losses; or
• A new policy is purchased.
Rep. Maxine Waters, D-Calif., ranking minority member of the House Financial Services
Committee and a key sponsor of the 2012 bill,joined 26 colleagues in a letter to FEMA urging the
agency "to use any discretionary authority available to address an unintended consequence" of
the Biggert-Waters Flood Insurance Reform Act, the 2012 bill. "We believe that FEMA has the
authority to administratively address some of the affordability issues arising from Biggert-
Waters," the letter says. The letter asks FEMA to take steps to not implement a provision of the
law that ending grandfathered premiums for policyholders, who, as a result of new flood-risk
maps, have their risk designation changed to "below base flood elevation."
In June, the House passed, with strong bi-partisan support a one-year delay to premium hikes as
a part of the Homeland Security appropriations legislation ("Cassidy-Richmond Amendment").
The Senate Appropriations Committee included the same one-year delay in its Homeland Security
Appropriations bill, which awaits consideration by the full Senate. There appears to be strong bi-
partisan support in Congress to address the rate increases and to ensure affordability.
In July, Rep. Garcia sent a letter to FEMA Administrator Craig Fugate with his concerns about the
impacts of the Act on coastal communities in Florida. He also raised concerns that an
affordability study mandated in the Act was not done, and urged delay of implementation.
In early September, Cardenas Partners reported that there is now language in bills in both houses
to delay implementation.
Monroe County Board of County Commissioners Legisllafive IPmiomffies 201.4
ACQUISITION OF ENVIRONMENTALLY SENSITIVE LAND
National Key Doer i SUPPORT County request to the appropriate federal agencies that they continue to
National WildiffeRefuge aggressively acquire vacant, privately owned land and to target the acquisition of lands
r containing suitable habitat for and known populations of federally-designated wildlife
µM. species (Endangered Species Act.)
„ p Discussion:
ce
ms Within the Federal Species Focus Area and buffer Areas 12,000
mi
parcels are owned by public or non-profit agencies. 7,000
parcels within remain privately owned and vacant. These
� parcels have an approximate value of$240M. They also provide
the only suitable habitat for the many endangered species in
�b w the Keys include both wildlife and marine species: including Key
Deer, Manatees, Swallowtail Butterfly, Marsh Rabbit, Cotton
i
; Mouse,Sea Turtles and Tropical birds.
61 f
SUPPORT request for federal assistance with acquisition of conservation lands that also serve as military
buffer zones through Department of Defense's REPI (Readiness and Environmental Protection) which funds
cost-sharing partnerships for the military with state and local governments and private conservation
organizations to address the need for compatible land use and conserved natural landscapes in support of
military readiness.
Discussion:
All—military and civilians alike—have a stake in the livability of their
communities. At the same time, there is utility in establishing or
preserving some measure of separation between military and
community activities. Buffers thus provide a mechanism for ensuring
compatibility of interests.
In 2003 the National Defense Authorization Act authorized the
Military services to enter into agreement with state and local
governments and private conservation organizations like TPL to
acquire conservation land in the vicinity of military installations. The
Navy program is called Encroachment Partnering.
Page 23
MILITARY/NAVAL COMPATIBILITY
SUPPORT Monroe County's recommendations related to the Final Environmental Impact Statement dated
August, 2, 2012, particularly with concern to the significant and unmitigated noise impacts related to the use
of the FA-18E/F Super Hornet aircraft.
Discussion:
Monroe County is asking the Navy to evaluate the
baseline condition for existing operations at
NASKW. Specifically, the impacts associated
�'!! !/
with the FA-18E/F Super Hornet were included
in the FEIS baseline notwithstanding the fact ��
that this aircraft was not properly evaluated in
past environmental documentation.
The inclusion of the FA-18E/FSuper Hornet has
the effect of reducing g the magnitude of
impacts between the baseline and the
preferred alternative. o ��
Monroe County requests that the Navy
consider acting on the following specific
recommendations: �
1. Establish absolute maximum limits on all types of flight operations, including FCLP and
night flights.The current FEIS language does not clearly establish such limits;
2. Contract with an independent consultant to conduct a noise study to establish an actual
noise baseline. The study should include actual noise sampling based on industry
accepted protocols; and
3. Fully mitigating for the impacts associated with proposed increases in flight operations.
This includes, but is not limited to:
• Sound attenuation;
• The use of alternative runways (i.e., 13/31, 03/21);
• Relocations; and
• Modification and full enforcement of course rules (e.g., altitudes, flight paths).
Monroe is seeking a meeting with the newly appointed ASN-EIE, Retired Vice Admiral Dennis
McGinn, to discuss the County's concerns with the FEIS before the Navy moves forward with a
Record of Decision, which could be as early as Sept. 2. Rep. Garcia's office also wrote a letter on
the County's behalf supporting our request for a meeting. Senator Nelson recently visited
Monroe County and spoke with County Commissioners Neugent and Carruthers; he offered to
assist with securing the meeting with the Navy representative.
The Key West Naval Air Station covers 5,800 acres in the Lower Keys and the Gulf water.
Encroachment, a term used by the U.S. Department of Defense to refer to incompatible uses of
land, air, water and other resources—is "the cumulative impact of urban and rural development
that can hamper the military's ability to carry out its testing and training mission."
µPage 24
Monroe County Board of County Cornry issioners f.egisllaflve lPilloili ies 201.4.
WATER RESOURCES DEVELOPMENT ACT
SUPPORT passage of the Water Resources Development Act 2013.
SUPPORT the inclusion of unincorporated Monroe County's water quality infrastructure projects in the
authorization (after the completion of funding for the current authorization.)
Discussion:
The Water Resources Development Act (WRDA) authorizes the Corps of Engineers to participate in Federal
water resource projects. Intended for re-authorization every two years, the last WRDA bill was
passed in 2007; the one before that in 2000.
Unincorporated Monroe is under federal and state clean water regulatory requirements to
improve the quality of our near shore waters, in order to protect the pristine waters and fragile
marine ecosystem of the Florida Keys National Marine Sanctuary.
Under current law, any funds for the Florida Keys' wastewater
l , / p g
%; 010 infrastructure improvements are administered through a
funding formula set forth in the Florida Keys Water Quality
41
Improvements Program (FKWQIP). FKWQIP authorized the
( Corps of Engineers to provide technical and financial assistance
to local governments of the Florida Keys in constructing
%!��� wastewater infrastructure projects designed to improve water
,v
quality and public health as well as meet federal and state
regulatory requirements.
Project Management Plan specifies a formula for allocating
federal funding among respective local governments to assist
with their project costs. However, the original authorization
excluded large portions of the unincorporated areas of the
County in favor of the more densely populated areas. The
language we are requesting would add the rest of the
unincorporated communities in Monroe County to the authorization language in the bill.
Looking forward, the residents of unincorporated Monroe face continued water-related
infrastructure challenges such as storm water, flood control, and canal restoration, both
identified by the National Marine Sanctuary's Water Quality Protection Plan as issues that need
to be addressed to preserve the Sanctuary's ecosystem. Future federal assistance through the
Army Corps will only be a possibility if unincorporated Monroe is included as an eligible area in
the authorization for future funds.
In the first half of the 113`" Congress, the Senate passed WRDA. The House has reportedly
completed their bill right before session recess. (Recess ends September 9.)
Rep. Garcia's office has drafted a letter to the House Committee Chair supporting the inclusion of
unincorporated Monroe into the legislation.
Page 25
FISCAL YEAR 2014 PROGRAMMATIC FUNDING REQUESTS FOR COMPETITIVE GRANTS
SUPPORT federal programs in FY 2014 appropriations legislation that enhance County services through
federal formulas and competitive grants and submit programmatic appropriations requests to the
House/Senate Appropriations Committees that meet or exceed the President's Budget Request, for the
following:
➢ Commerce, Justice & Science — Commerce — Economic Development Administration; and
Department of Justice—State and Local Assistance Programs.
➢ Energy & Water Development — Army Corps of Engineers—Construction and Operation and
Maintenance; and Energy—Energy Efficiency and Renewable Energy.
➢ Interior & Environment— EPA Clean Water and Drinking Water State Revolving Fund; and Land &
Water Conservation Fund.
➢ Homeland Security — State and Local Programs; and Federal Emergency Management Agency
programs.
➢ Labor, Health and Human Services and Education — Health and Human Services — Community
Health Programs; and Substance Abuse and Mental Health Programs.
➢ Transportation & Housing and Urban Development — Federal Aviation Administration Programs;
Federal Highway Administration Programs; and Housing and Urban Development Programs —
including CDBG.
TRANSPORTATION AUTHORIZATION
SUPPORT reauthorization of MAP-21 ("Moving Ahead for Progress in the 21"Century") Highway and Transit
Reauthorization (which expires September 2014).
SUPPORT any and all opportunities to secure funding for Monroe County priorities via this legislation or other
means.
Discussion:
After several years of short-term authorizations, Congress passed Moving Ahead for Progress in
the 21st Century Act (MAP-21) in, 2012. MAP-21 funds Federal surface transportation programs
at roughly the levels of the previous authorization ($48 billion) through September 30, 2014,
which means that Congress will need to begin to craft the I�IIII III
�I���',';i���a"follow-on legislation to MAP-21 well before the end of the
113th Congress.
MAP-21 eliminated, consolidated, or changed manyprograms, transformed nearly all discretionary transportationgrant programs into formula programs, and left much
discretion to state Departments of Transportation on how to
allocate funding among the remaining programs.
One of those changes was the removal of dedicated funding for several programs, including Safe
Routes to School, Recreational Trails, and the Transportation Enhancements program. The
legislation instead created a new program called Transportation Alternatives (TA). Under this
consolidated program, funding for these activities will be reduced by approximately$300 million
annually from current levels of funding. Fifty percent of Florida's estimated $49 million TA
allocation for FY 2013 is sub-allocated within the state based on population, and census-
designated urbanized areas with populations above 200,000 will be given project selection
authority over its portion of these funds.
µPage 2
Monroe County Board of County Cornry issioners i.egklaflve IPilloil ifies 201.4.
In developing MAP-21 Congress did not address the need
his
for a Ion term sustainable Ian to finance our nation's
g- ptransportation infrastructure. Fuel taxes, which currently
provide most of the money for surface transportation, do
not provide a solid long-term foundation for generally
desired transportation funding growth, even if Congress
were to raise them modestly. The choice then becomes
finding new sources of income for an expanded program,
or alternately, to settle for a smaller program that might look very different than the one
currently in place. Less Federal funding via a future transportation reauthorization bill would
mean significantly less funding available to FDOT, and ultimately Monroe, to support both
surface transportation and transit projects and programs.
EMERGENCY PREPAREDNESS
SUPPORT programs for County emergency preparedness activities, such as:
➢ State Homeland Security Grant Program implements state Homeland Security strategies to
address the identified planning, organization, equipment, training, and exercise needs to prevent,
protect against, mitigate, respond to, and recover from acts of terrorism and other catastrophic
events.
➢ FEMA Assistance to Firefighters Grant(AFG) Programs provides federal grants directly to local fire
departments and Emergency Medical Services (EMS) organizations to help address a variety of
equipment, trainings and other firefighter-related needs — this
includes the Staffing for Adequate Fire and Emergency Response
2NA, (SAFER) Program which and the Fire Prevention and Safety(FP&S)
programs which provide funding for the hiring of firefighters and
p EMS personnel and fire public education campaigns.
➢ Nationwide Interoperable Public Safety Broadband
Network that allows first responders nationwide to communicate
with one another at all times and without delay. Such a program should: (1) ensure increased
network capacity for first responders and public safety officials; (2) provide for an Emergency
Response Interoperability Center to ensure that first responders nationwide can communicate with
one another via public safety wireless broadband communications; and (3) establish a grant
program to help fund the construction, operation and evolution of the public safety broadband
network.
OLDER AMERICANS ACT PROGRAMS
SUPPORT continued adequate annual funding for Older Americans Act programs that support critical social
service programs serving elder persons in Monroe County.
Discussion:
Page
Most Federal programs that exist for the delivery of social and nutritional services for the elderly in
Monroe County emanate from the Older Americans Act (OAA). These include supportive services,
congregate nutrition services (meals served at group sites such as senior centers), home-delivered
nutrition services, family caregiver support, in-home services, community service employment, and
services to support the health,and prevent the abuse,neglect,and exploitation,of older persons.
The majority of the funding for OAA grant programs goes to the State and Community Programs on Aging
account which provides formula funds to state and local agencies designated to provide direct services to
the elderly. For Monroe County most of the funds are allocated through the District XI Area Agency on
Aging and the Alliance for Aging for Dade and Monroe Counties.
There are separate funding allotments for programs within this
account; however, the Federal government does provide some
flexibility for spending allocated funds in this account in areas where
there is a greater need. These services are available to all persons
aged 60 and older, but are targeted to those with the greatest
economic or social need. ,
Though the OAA's authorization expired in FY 2011, Congress has
continued to provide funding for these programs through annual appropriations. In the 112th Congress,
legislation was introduced to reauthorize the OAA through FY 2017, but it was not passed; Congress has
funded OAA programs via a Continuing Resolution, leaving funding relatively unchanged from FY 2012.
However, sequestration will reduce that amount by an estimated 6 percent. It is anticipated that similar
legislation will be introduced in the 113th Congress to reauthorize the OAA.
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RESTORE ACT
Continued SUPPORT for the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived
Economies of the Gulf Coast Act of 2012, and on-going coordination of all parties to ensure the funding of
programs and projects related to the environmental and economic health of the Gulf coast, including the
Water Quality Protection Program of the Florida Keys National Marine Sanctuary.
Discussion:
The Florida Keys National Marine Sanctuary's Water Quality ��-, uii���rr
Protection Plan program's goal is to protect the fragile,
extremely valuable and unique Florida Keys ecosystem that
supports essential habitats and precious sea life throughout
the Gulf region. It supports over 6,000 species of fish, ,n�
invertebrates and plants, including the only living coral reef in �
the continental United States. This ecosystem supports a
fisheries and tourism-based economy that generates $6B of
economic activity per year.
The Sanctuary's Water Quality Protection Program, mandated by Congress and developed jointly
with EPA, NOAA, the State of Florida and the County of Monroe, is a comprehensive set of fully
µPage 2
Monroe County Board of County Cornry issioners Legisllaflve IPidoN ies 201.4
vetted and scientifically-based projects centered on critical ecosystem
i components: near shore water quality (wastewater and storm water
infrastructure), coral reef preservation, sport and commercial fisheries
' sustainability, and habitat protection. Several water quality projects have
" been submitted from Monroe County, its municipalities and its
stakeholders consistent with and in furtherance of this national Water
Quality Protection Program.
OIL DRILLING AND SPILL PROTECTION:
SUPPORT revisions to the Oil Protection Act of 1990 (OPA) or other laws to ensure that:
1) Local governments may act as first responders in an effort to protect local
communities and be reimbursed for their actions undertaken to protect their
resources and restore damaged areas during oil spill events; and
2) The Oil Spill Liability Trust fund is capable of addressing Spills of National
Significance (SONS) where there is no financially viable or legally responsible �
"Responsible Party". 4T�
MONITOR the potential expansion of offshore energy exploration in Florida's
Federal waters.
Discussion:
The loop current makes the Florida Keys, and its fragile coastal and marine
ecosystem, including the National Marine Sanctuary, fisheries and wetlands,
extremely susceptible to oil spills in the Gulf of Mexico.
The current is an area of warm water that travels up from the Caribbean and
enters the Gulf between Mexico's Yucatan Peninsula and Cuba. It forms into
the Gulf Loop Current, which curves east and south along Florida's coast and
i exits through the Straits of Florida.
Active offshore energy drilling currently occurs in both the western and central Gulf of Mexico. However,
nearly the entire eastern Gulf is protected from drilling until 2022 by the Gulf of Mexico Energy Security
Act of 2006. Drilling does not yet occur off of the Atlantic coast of Florida. State waters in the Atlantic
extend three miles from shore.The federal government controls waters beyond that point.
In the 112th Congress,the House of Representatives voted to dramatically expand offshore oil drilling in an
effort to lower gas prices and increase domestic revenue. Specifically, the House passed three pieces of
legislation that would reverse all current oil moratoriums, require the Department of Interior to revisit oil
projects that were rejected after the Deepwater Horizon spill, and make acreage of the Outer Continental
Shelf that is currently unavailable to lease available for drilling, including the eastern Gulf of Mexico and
the Atlantic Coast. Similar legislation was introduced in the Senate, but it failed to receive the necessary
votes to be considered.
Late in 2011, the Administration proposed its OCS Oil and Gas Leasing Program for 2012-2017. Within the
program, the Administration does not propose to lease any areas in the Atlantic for oil and gas drilling. It
Page 29
does, however, indicate that there is "ongoing seismic analysis to determine resource potential" in the
Atlantic.
In response to the plan, 180 members of Congress from both 4
political parties sent a letter to the Administration asking that they
open up more areas of the OCS to drilling, including areas off the
Atlantic coast of Virginia. Four members of the Florida House
delegation signed the letter. If this policy is accepted, these drilling °
leases would be the first granted by the federal government on the
Atlantic seaboard since the early 1980's, and could open the door
for an expansion of drilling on the Eastern seaboard.
Currently, the Administration has only conducted oil and gas
leasing auctions for areas in the western Gulf of Mexico, and has scheduled them for the central Gulf in
March of 2013.The Administration currently has not indicated that it intends to lease the aforementioned
areas on the Atlantic Coast, but this could change with continued pressure from Congress.
CLIMATE ACTION
SUPPORT federal climate legislation that includes: local government funding; adaptation program and
funding; and technical assistance to state and local governments in developing multi-sector mitigation and
adaptation plans covering natural systems, human health and the built environment.
SUPPORT the federal legislative priorities of the Southeast Florida Regional Compact for Climate Change.
SUPPORT greater Congressional recognition of adaptation as a critical climate change issue in the
development of all legislation and appropriations priorities.
PACE
SUPPORT passage of federal legislation to ensure that the underwriting requirements of Fannie Mae and
Freddie Mac allow for the use of PACE programs by local governments as a tool to encourage energy
efficiency.
Discussion:
Property Assessed Clean Energy (PACE) is a financing tool that allows a homeowner to receive low-
interest financing for energy efficiency and renewable energy improvements, thereby saving that
homeowner money on their utility bills (and conceptually, at least on insurance premiums). PACE
financing is repaid through a voluntary long-term assessment on a homeowner's property taxes over a 15-
20 year time period. If a homeowner sells their property,the repayment obligation,as well as the benefits
of the energy improvements,transfers to the next homeowner.
In 2010, Fannie Mae and Freddie Mac chose to stop underwriting mortgages with PACE assessments.
Because they underwrite nearly ninety percent of new mortgages, this has brought very successful PACE
programs to a halt. The Federal Housing and Finance Agency (FHFA), the Federal Home Loan Mortgage
Corporation (Freddie Mac), and Federal National Mortgage Association (Fannie Mae) expressed concerns
Monroe County Board of County Commissioners Legislative IPmiomities 201.4
because PACE financing takes a senior lien position in terms of property-based debt repayment
obligations and asserted that these assessments make it harder to make repayments of those loans, and
the risk cannot be supported by these entities. Therefore, FHFA directed Fannie/Freddie to take actions
that they restrict mortgage lending opportunities and lower credit lines for homeowners who live in local
governments that offer home energy retrofit programs.
The PACE Assessment Protection Act introduced in the 112th Congress would restore the right of local
governments to establish PACE programs and would require that local governments follow prudent
standards to ensure that homeowners can afford any PACE assessments. The legislation also protects
Fannie Mae and Freddie Mac from potential losses. The legislation has nearly 50 co-sponsors, including
both Democrats and Republicans in Florida. In the Senate, Senator Boxer(CA) introduced legislation in the
111th Congress. Sen. Bennett (CO) sought to take the lead on this issue in the 112th Congress in the
Senate. No legislation is pending in the current Congress.
This type of funding program is important in that it not only allows the affordable financing of
energy retrofits, but also wind mitigation retrofits. And now, in light of changes to the National
Flood Insurance Program, it's possible that PACE programs could be used to help homeowners
finance flood mitigation to tackle rising flood insurance premiums.
WATER QUALITY
MONITOR activities surrounding the proposed "numeric water quality criteria" for coastal waters and
estuaries, and South Florida Canals, currently being developed by the Florida Department of Environmental
Protection.
Discussion:
Pursuant to a January 2009 Clean Water Act determination and a consent decree with Florida
Wildlife Federation to settle a 2008 lawsuit, the Environmental Protection Agency (EPA) proposed
numeric nutrient water quality standards for lakes and flowing waters in Florida in January 2010,
and established final standards in November 2010. The final standards set numeric limits, or
criteria, on the amount of nutrient pollution allowed in Florida's lakes, rivers, streams and springs.
This action sought to improve water quality, protect public health, and marine resources of
Florida's waters which are a critical part of the State, and the County's economy. However, these
standards also came at a considerable cost to local governments, utilities, and others.
The EPA agreed to let Florida promulgate its own numeric nutrient criteria, and the State
Legislature approved the final rule in February of 2012, and in November 2012 EPA approved the
Florida Department of Environmental Protection's (DEP) numeric nutrient criteria rules in their
entirety; including the state's rules for inland waters (lakes, springs and flowing waters) and for
those coastal waters and estuaries for which the Florida DEP had already set numeric nutrient
criteria. The Florida DEP's approved rules are now in compliance with the requirements set in the
Clean Water Act.
In doing so, however, the EPA also announced that, it was proposing criteria that same day for
those coastal waters and estuaries which have yet to be addressed by the Florida DEP (mostly in
Northwest Florida) as well as for South Florida canals. The Florida DEP is in the process of
Page 3 1..
addressing these areas, and the EPA stated that they are committed to continuing to work with
the State.
FINANCE
➢ TAX-EXEMPT STATUS OF MUNICIPAL BONDS
OPPOSE legislation that would limit the tax exempt status of state and local government bonds. Capping or
eliminating the deduction of interest on municipal bonds by Congress would significantly increase borrowing
costs for local governments, slow the growth of job-creating infrastructure projects, and ultimately place a
higher tax burden on citizens.
Discussion:
Although municipal bonds have been tax-exempt for almost 100 years, a number of Federal
proposals continue to be discussed which target the tax exemption of tax-exempt bonds,
particularly as part of the debate to end the sequester or reduce Federal spending. With local
governments facing severe budget difficulties, any proposal to limit the tax exemption would
put more pressure on local finances by reducing demand for tax-exempt bonds and increase
borrowing costs for state and local governments, ultimately leading to higher taxes or reduced
services.
➢ TOURIST DEVELOPMENT TAX
SUPPORT legislation that would clarify that online travel companies are liable for tax on the difference
between wholesale and retail price of lodging.
OPPOSE legislation that preempts local taxing authority over Online Travel Companies (OTCs).
Discussion:
Hotel taxes are a vital revenue source for Florida and Florida's tourism industry. This tax revenue source
is being threatened by efforts of the OTCs to obtain preferential tax treatment at the expense of local
government budgets. OTCs collect all funds from the consumers at the time rooms are booked, including
taxes and fees. But they only remit taxes based on what it owes the hotel, rather than what it collected
from the consumer, short-changing local governments while pocketing the difference. This practice is
currently the subject of numerous lawsuits across the country, including a suit by 17 Florida Counties.
Consequently, OTCs are seeking federal legislation to preempt the authority of state and local
governments to impose and collect hotel taxes from the OTCs.
➢ REMOTE (ON-LINE) SALES TAX COLLECTION
SUPPORT legislation that would create a Streamlined Sales and Use Tax Agreement, similar to The
Marketplace Fairness Act that failed in the 112th Congress, that would permit the collection of sales and use
taxes from remote (on-line) sellers is needed. States and local governments are losing billions of dollars in
uncollected sales tax revenue every year, estimated at over$23 billion in 2012 alone.
Discussion:
µPage 32
Monroe County Board of County Commissioners Legislative IPriorfties 201.4
Currently, retailers are only required to collect sales tax in states where they have brick-and-mortar
stores. The burden then falls to consumers to report to state tax departments any sales taxes they owe
for online purchases. Often, consumers do not report those purchases when completing their tax returns.
As a result, local retailers are at a competitive disadvantage because they must collect sales taxes while
out-of-state retailers, including many large online and catalog retailers, in effect give their customers a
discount by collecting no state or local sales taxes. Consumers are left with the confusing yet legal
responsibility to report the sales taxes owed on online purchases on their tax returns.
The current sales tax system is perceived as being unfair to brick-and-mortar retailers that employ local
residents, including local stores as well as national chains like Best Buy or Home Depot. It is also a drain on
local government revenues. In 2012, uncollected sales tax is estimated to cost local governments $23
billion nationwide.
To correct this inequity, legislation was introduced in the Senate during the 112th Congress and was seen
as having the best chance of becoming law. The bipartisan legislation in Senate and House also had the
backing of some major online retailers such as Amazon.com.To protect small,online retailers,both pieces
of legislation exempted sellers who make less than $500,000 in total remote sales to qualify from the
requirement to collect the tax.
Local, state, and national business groups, such as the Florida Chamber of Commerce, Associated
Industries of Florida, Florida TaxWatch, Florida Retail Federation, and Amazon.com have spoken out in
favor of these types of bills. Three Florida Republicans and one Florida Democrat in the House were
cosponsors of the legislation.
This bill has been reintroduced in the House and Senate in the 113th Congress, and already has significant
support with 22 cosponsors in the Senate and 42 cosponsors in the House, including Florida Reps.
Crenshaw, Deutch, Ross, and Diaz-Balart. Legislation of this type could be also wrapped up into a future
spending reduction or tax reform measure in the 113th Congress.
➢ LOCAL TAXING AUTHORITY
OPPOSE legislation that limits the taxing authority of county governments.
Discussion:
Senators Ron Wyden (D-Ore.) and John Thune (R-S.D.) have proposed two bills that aim to limit the ability
of local governments to collect taxes on internet access and the sale of digital goods and services.The first
bill, the Internet Tax Freedom Act (S. 1431) would make the current seven-year ban (PL 110-108) on
assessing state and local taxes on internet access providers permanent. This bill is set to expire on
November 1,2014.The second bill is titled the Digital Goods and Services Tax Fairness Act of 2013 (S. 1364)
and it aims to block taxes on digital goods whose tangible counterparts are not taxed. For example,
electronic music downloads would not be taxed if their tangible counterpart, the compact disc, was also
not-taxed. This bill would apply not only to music downloads but also to digital goods such as electronic
newspaper and magazine subscriptions; if a home-delivery subscription is not subject to taxes,then neither
would its electronic counterpart.
INFRASTRUCTURE FUNDING
SUPPORT federal legislation or elements of proposed bills that would create and fund a national
infrastructure bank or other new infrastructure funding sources and mechanisms to finance projects needed
by state and local governments.
Page 33
Discussion:
Such a bank or financing program would enable local governments to finance important road, bridge,
water and other infrastructure project at low interest rates. It would also enable local governments to
adapt to the impacts of climate change to transportation,water, water and other projects to reduce risks
to infrastructure from extreme weather events and rising sea levels. Legislation in the 112th Congress
envisioned an infrastructure bank as a $5 billion fund housed within the Department of Transportation
that would provide loans,loan guarantees,and grants for infrastructure projects only.
In this 1131" Congress, the Senate's version of the WRDA 2103 bill included a low-interest loan financing
program for water infrastructure projects. However, it has been reported that the House version stripped
out this provision.
PUBLIC PENSION REFORM
MONITOR federal legislative proposals related to public pensions, i.e., the Public Employee Pension
Transparency Act, which could significantly impact the Florida Retirement System.
Discussion:
The sponsors of the Public Employee Transparency Acts, have stated that public pensions are
significantly underfunded and are aiming to ensure what, in their opinion, will be more realistic
asset projections compared with expected liabilities.
State and local governments already have rigorous accountability requirements set in statute and
through regulation, and follow stringent accounting standards in accordance with Generally
Accepted Accounting Principles. New legislation would nevertheless levy a whole new and
conflicting Federal reporting regime on top of these existing state and local structures, paint a
misleading picture of public finance, and impose costly measures far more conservative than
Federal law requires even of corporations.
Further, the legislation threatens the current tax exempt status of state and local government
bonds if any of the numerous and complex calculations imposed are deemed insufficient by
Federal agencies. Specifically, the legislation would require additional reporting of assets and
liabilities and more significantly, require that assets in a public plan such as the Florida Retirement
System (FRS) are projected to grow at the rate of Treasury securities instead of more optimistic
projections tied to historic stock market indices, thereby greatly increasing plan liabilities. This
might require projected growth rates of less than 1 percent annually instead of growth rates of
7.75 percent, which is what the Florida Retirement System used between 2009 and 2012.
The legislation would also disallow any future federal bailout of public pension plans. (The federal
government does not guarantee state and local government employees' pensions, and no public
pension plan is asking for federal assistance, so this is a red herring.) Ultimately, the legislation
would likely make pension plans more expensive to participate in for local governments.
Sen. Orrin Hatch (UT), the Ranking Member of the Senate Finance Committee, released a report
saying that public pension debt "threatens America" and that "defined benefit pension plans are
inappropriate for state and local governments." He concluded his report by stating his intention to
introduce a legislative solution in the future.
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SOUTHEAST FLORIDA REGIONAL CLIMATE CHANGE COMPACT COUNTIES
2014 STATE ENERGYAND CLIMATE LEGISLATIVE PROGRAM
As an ongoing effort to develop and collaborate regionally on energy and climate issues, the
Southeast Florida Regional Climate Change Compact Counties of Broward, Miami-Dade, Palm
Beach and Monroe and municipal partners renew support for the 2013 State Energy and
Climate Legislative Program and affirm our support for the following state legislative policies for
2014.
2014 State Policies
Sea Level Rise and Adaptation
OPPOSE any infringement on local home rule authority to plan for and adapt to future climate
conditions, including sea level rise, precipitation patterns, and temperatures.
SUPPORT greater incorporation of adaptation strategies in state climate/energy policies,
legislation, and appropriations priorities.
SUPPORT legislation, programs, and funding that support local governments' adaptation
activities, including the establishment and use of Adaptation Action Areas.
SUPPORT legislation and policies requiring state agencies, water manage and industries
regulated by the state (e.g. electric utilities) to consider projected sea-level rise and potential
storm surge in all infrastructure and facility-siting decisions.
Energy
SUPPORT integrated resource planning/least cost planning for electric utilities to ensure that
energy efficiency and renewable energy sources are fully considered as strategies for meeting
future needs.
SUPPORT energy efficiency and renewable energy finance options to advance greenhouse gas
emissions goals, alternative and renewable energy technologies, and green sector economic
development.
SUPPORT stringent energy efficiency and conservation targets set by the Florida Public Service
Commission pursuant to the Florida Energy Efficiency & Conservation Act, as amended.
SUPPORT rebate programs, tax credits, and other financial incentives that encourage property
owners to invest in energy efficiency and renewable energy systems.
SUPPORT renewable portfolio standards (RPS) for utilities that would require a set percentage
of electricity to be generated from renewable energy sources by a given date.
SUPPORT legislation requiring natural gas companies to reduce the amount of"lost and
unaccounted-for" gas.
Water
SUPPORT returning Water Management Districts' authority, taxing powers, and budgetary
control to the situation that existed prior to 2010.
Offshore Drillinq
OPPOSE relaxation of prohibitions against leases or permits for oil or gas drilling within
Florida's territorial seas and the Everglades, and OPPOSE any legislation limiting the Florida
Department of Environmental Protection's authority to block requests for offshore drilling in
federal waters off Florida's coast.
Everglades
SUPPORT legislation and funding supporting complete implementation of the Comprehensive
Everglades Restoration Plan and policies recognizing that a restored Everglades will help make
the region more resilient to sea level rise and extreme weather events.
Investment Priorities
SUPPORT funding for adaptation planning and no-regrets investments in water management,
water supply, conservation land acquisition, transportation, and other infrastructure that provide
hazard mitigation and improve immediate and long-term resilience.
SUPPORT prioritized funding for infrastructure investments in Adaptation Action Areas, or other
areas subject to the impacts of sea level rise.
SUPPORT funding for the Water Protection and Sustainability Program.
Transportation
SUPPORT development of electrical vehicle infrastructure, including statewide policies to
streamline siting and permitting of electrical vehicle charging stations, siting of charging
infrastructure on state property, and inclusion of electric vehicle models and specifications in the
state contract system.
Support legislation that encourages the design, completion, or expansion of integrated networks
of non-motorized transportation corridors (such as bike lanes) on a local and/or regional level.
Support legislation that would provide additional local transit connectivity to existing and
proposed regional transit systems ("first and last mile strategy").
Support legislation that supports planning and implementation of transit-oriented developments
(TODs) on a local and/or regional scale.