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Item P6BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: _January 16, 2013 Division: County Administrator Bulk Item: Yes ____ No X Department: County Administrator Staff Contact /Phone #: Lisa Tennyson x 4444 AGENDA ITEM WORDING: Discussion and approval of the Monroe County 2013 Legislative Agenda. ITEM BACKGROUND: Each year, the County develops a legislative agenda as an advocacy tool at State and Federal levels. Specific bills/legislation cannot be addressed since it is early in the session, but general policy positions and positions on issues expected to be raised during the session are included. Me issuesmost critical to counties, in conjunction with Florida Association of Counties and the Small County Coalition. We generally support these programs, unless specific issues conflict w interests. Medicaid cost share, wind insurance, road and bridge infrastructure funding and RESTORE Act intergovernmental coordination. legislative goals. PREVIOUS RELEVANT BOCC ACTION: Approval of 2012 Legislative agenda in November 2011. CONTRACT/AGREEMENT CHANGES: None _______________________________________________________________________________ STAFF RECOMMENDATIONS: Approval TOTAL COST: INDIRECT COST: ______________BUDGETED: NA Yes No _____ DIFFERENTIAL OF LOCAL PREFERENCE: _____________________________________ NA COST TO COUNTY:SOURCE OF FUNDS: NA ___________________ REVENUE PRODUCING:AMOUNT PER MONTHYear ____ Yes No APPROVED BY: County Atty OMB/Purchasing Risk Management ____ DOCUMENTATION: Included Not Required____ DISPOSITION:AGENDA ITEM # Revised 7/09 ¬®« ¨?¬®« ÜÎßÚÌ ðÎÏËÎØúÎÈÏÉÄûÎÜËÙÎ×úÎÈÏÉÄúÎÐÐÔÊÊÔÎÏØËÊñØÖÔÊÑÜÉÔÇØíËÔÎËÔÉÔØÊ MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Mayor George Neugent, District 2 Mayor Pro Tem Heather Carruthers, District 3 Danny Kolhage, District 1 David Rice, District 4 Sylvia Murphy, District 5 COUNTY ADMINISTRATOR Roman Gastesi LEGISLATIVE DISTRICTS Senate District 39: Dwayne Bullard House District 120: Holly Raschein MEMBERSHIP IN LEGISLATIVE ALLIANCES Florida Association of Counties Small County Coalition Florida City and County Management Association National Association of Counties International City/County Management Association íÜÖØ TOP STATE LEGISLATIVE PRIORITIES 2013 WASTEWATER INFRASTRUCTURE: SUPPORT year two of four year appropriation program for $50 million per year in state fundingfor a total of $200 million to finance the construction costs of mandated wastewater and storm water projects in the Florida Keys. COUNTY SHARE OF COSTS FOR MEDICAID SERVICES: SUPPORT the dissolution of the current county-state Medicaid contributory relationship in a manner that absolves counties of the financial responsibilities related to the provision of Medicaid services in Florida, eliminates associated administrative burdens for the counties and the state; and equitably mitigates any potential fiscal impact for all affected parties. Reforming the current system of bureaucratic administration of county/state Medicaid billing will save tax dollars. However,absent the SUPPORTS identification of strategies to achieve the goals above, Monroe County retaining the current Medicaid billing system, but only with certain statutory modifications that should include: (1) allowing counties to review their bills prior to payment; (2) allowing counties to pay from a revenue source of our own choosing within a specific time period; (3) allowing the state to withhold county revenue sharing for nonpayment within a specific time period; and, (4) requiring the state in consultation with the counties to develop an accurate, reliable, and equitable billing process. CITIZENS/WIND INSURANCE: SUPPORT legislative efforts to provide more accurate insurance rates to residents of Monroe County. TRANSPORTATION INFRASTRUCTURE FUNDING: SUPPORT continuing enhanced state funding for road and bridge infrastructure, maintenance, and improvements. Support 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. UNFUNDED MANDATES AND HOME RULE: OPPOSE unfunded mandates, pre-emption of local government authority, or other legislation that is costly or detrimental to RESTORE ACT: Support coordination with local, state and federal stakeholders to ensure funding for critically important environmental projects for the Florida Keys. íÜÖØ ðÎÏËÎØúÎÈÏÉÄûÎÜËÙÎ×úÎÈÏÉÄúÎÐÐÔÊÊÔÎÏØËÊñØÖÔÊÑÜÉÔÇØíËÔÎËÔÉÔØÊ LEGISLATIVE ISSUES OF IMPORTANCE FINANCE/REVENUE: Communications Services Tax: SUPPORT amending and/or revising current legislation in a manner that ensures that this tax remains a locally controlled revenue and removes competitive advantages within the industry by providing similar tax treatment to similar services. Tourist Development Tax/Sales TaxSUPPORT : legislation that would provide for the comprehensive review of the structure, application, and administration of the current tourist development tax model and related revenues utilized in Florida, and eliminates the exemption that exists between wholesale and final price. Local Discretionary Revenue FlexibilitySUPPORT : modifications to existing laws governing local discretionary revenue sources to provide greater flexibility and more efficient administration and management. Local Business TaxOPPOSE : legislation that would provide for the elimination of the local business tax, or reducing its flexibility in use. Specific County Based AppropriationsSUPPORT : maintaining current state appropriations critical to the delivery of public services at the county government level as it relates to currently funded county-based appropriations in the SFY 2013-2014 budget. State funding for key infrastructureSUPPORT : state funding for critical and job-creating infrastructure such as wastewater, roads and bridges; and legislation that provides additional local revenue sources for fund public infrastructure needs and/or greater flexibility in levying and using currently authorized local revenue sources. Florida Retirement SystemOPPOSE : 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. Transparency Florida SUPPORT : legislation that would allow counties to voluntarily develop standards to comply with the 2009 Transparency Florida Act. Public NoticeSUPPORT : legislation allowing local governments to comply with public notice and legal advertisement requirements by means other than the newspaper. Florida Retirement SystemOPPOSE : any Florida Retirement System 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. íÜÖØ GROWTH MANAGEMENT / ENVIRONMENT Florida ForeverSUPPORT : the continuation of the Florida Forever land acquisition program, to the extent the program is sufficient to acquire land for the protection of natural resources. SUPPORT legislation that would require land acquisition projects to be ranked according to their consistency with the local comprehensive plan. Area of Critical State ConcernSUPPORT : the continued designation of the Florida Keys as an Area of Critical State Concern. Growth Management Framework 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 OPPOSE natural resources.legislation that erodes county authority to regulate development pursuant to the Growth Management Act of 1985. :SUPPORT state role in growth management that recognizes the fundamental principle of county home rule power, which enables counties to develop local solutions to local problems;fosters partnerships with counties to ensure local planning goals are realized;provides an appropriate vision and strategy for how the state should grows; provides funding for key infrastructure systems; andprovides appropriate oversight in land use matters to minimize extra-jurisdictional conflicts. Environmental Regulation and Permitting: OPPOSE legislation that prevents counties from having local environmental programs that are stricter in nature than state or federal regulatory SUPPORT programs. legislation that is thoroughly vetted with all stakeholders, and that takes a targeted approach to increasing regulatory efficiencies, rather than broadly preempting local governments. Proportionate Fair-Share Mitigation: OPPOSE further legislative changes to the proportionate share funding process prevents counties, under certain circumstances, from charging a development its fair share of road improvements necessary to support that SUPPORT development. changes in law that gives counties the option of using the proportionate share process and modifying the proportionate share language to allow local governments to determine if the proportionate fair share payment is adequate to satisfy the requirements of the local government concurrency management system, and to modifythe proportionate fair share language in statute to ensure that local governments can charge each development its proportionate share of roadimprovements when the road is currently deficient or when development causesthe road to operate below its adopted level of service. Concurrency: In the absence of state-mandated transportation concurrency, and to ensure that theroads needed to support new development are concurrent with the impacts of that SUPPORT development, county home rule authority, and current statutory provisions,which allow counties retain their current transportation concurrency systems, asadopted by local ordinance. íÜÖØ ðÎÏËÎØúÎÈÏÉÄûÎÜËÙÎ×úÎÈÏÉÄúÎÐÐÔÊÊÔÎÏØËÊñØÖÔÊÑÜÉÔÇØíËÔÎËÔÉÔØÊ Affordable Housing: SUPPORT retaining the full amount of dedicated documentarytax OPPOSE revenues towards state and local affordable housing programs. legislative efforts that restrict or otherwise limit county home rule authority to use linkage fees for affordable housing. Working Waterfronts: SUPPORT legislation that provides additional state and local funding sources and statutory provisions to 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. Vessels and Waterways: SUPPORT continued state funding of derelict vessel removal. SUPPORT continued state and local regulation of vessels, mooring fields, bulkheads and OPPOSE seawalls, floating vessel platforms, and seagrasses in order to protect water quality. further dilution of county authority to regulate vessels and waterways. Sovereign Submerged Lands: SUPPORT the current case law definition of the "ordinary high OPPOSE water mark" delineating state lands from lands in private ownership and any changes to the definition which have the effect of transferring large quantities of wetlands and uplands from state ownership to private ownership. Management of Conservation Lands: SUPPORT legislation that provides future state funding for the maintenance and management of conservation lands transferred to county SUPPORT control. legislation that provides for improved management of state lands and public access to those lands. Beach Renourishment: SUPPORT continuation of a dedicated state funding sourcefor beach renourishment at or above statutory levels. Water Onsite Wastewater Treatment: OPPOSE legislation that would prevent counties from requiring mandatory hookup to central sewer. Local governments are best equipped to determine how to properly balance environmental concerns with the cost of providing for wastewater treatment to homeowners and businesses, whether by centralized sewer, advanced treatment units, performance based onsite wastewater systems, or conventional or passive onsite systems. Water Quality Numeric Nutrient Criteria: SUPPORT science-based numeric nutrient Numeric Nutrient Criteria Rule as a replacement for the federally promulgated numeric nutrient criteria. Billboards: OPPOSE OPPOSE dilution of county authority to regulate billboards. legislation aintain local ordinances which regulate billboards. íÜÖØ LIBRARIES Libraries : SUPPORT measures that ensure decisions and policies regarding county libraries are made at the local level. OPPOSE legislation that allows individuals to bring civil causes of action against counties relating to internet filtering devices and/or policies. 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, SUPPORT a $10 million increase in state aid to public libraries. SUPPORT full funding of Public Library Construction Grant requests at $12.4 million. HEALTH AND SOCIAL SERVICES Behavioral Health SystemSUPPORT : appropriate funding for core mental health and substance abuse services. SUPPORT continued efforts to work through Medicaid reform initiatives to ensure that persons with substance abuse and mental health treatment needs are SUPPORT appropriately served. efforts to increase supportive housing, employment and education initiatives for people with behavioral health issues and/or disabilities. Baker ActSUPPORT : appropriate funding as outlined in the existing state capacity formula for SUPPORT crisis mental health and substance abuse beds statewide. increased funding for public receiving facilities and maintaining funding for public facilities if new state general revenue is provided to private receiving facilities. County Health Departments (CHDs): SUPPORT maintaining state general revenue funding OPPOSE for CHDs, and any state reductions to the County Health Department Trust Funds. SUPPORT maintaining a coordinated system of county health departments (CHDs) that is OPPOSE centrally housed within the Department of Health (DOH). efforts to decentralize the public health system by transferring authority over CHDs from the DOH to the respective county SUPPORT governments. preserving the ability of CHDs to provide primary care and direct patient care services, particularly in communities without adequate substitutes or alternative OPPOSE providers for these services. efforts, legislative or otherwise, to limit or eliminate the provision of primary care services in CHDs. Transportation Disadvantaged (TD) : SUPPORT the continuation of a coordinated Transportation Disadvantaged (TD) system. SUPPORT appropriate and dedicated state funding for the TD program. SUPPORT efforts to protect the TD trust fund. Healthy Families : SUPPORT continuation of funding for the Florida Healthy Families program. HomelessnessSUPPORT : the development of strategies that would allow local governments to . SUPPORT work with the state and federal government to serve homeless populationrestoring state funding for programs that serve the homeless. SUPPORT a process that would waive the fees related to obtaining personal identification from the state for persons identified ashomeless. SUPPORT continued coordination with the State's homeless planning council, specifically as it develops policies in support of the new Federal Strategic Plan to End Homelessness. íÜÖØ ðÎÏËÎØúÎÈÏÉÄûÎÜËÙÎ×úÎÈÏÉÄúÎÐÐÔÊÊÔÎÏØËÊñØÖÔÊÑÜÉÔÇØíËÔÎËÔÉÔØÊ CRIMINAL JUSTICE Mentally Ill and Substance Abuse: SUPPORT increased funding of the Criminal Justice Mental Health and Substance Abuse Reinvestment Grant Program with recurring dollars in a SUPPORT trust fund. sustainable matching state funds to counties that have received both planning and implementation Reinvestment Grant funds. Inmates with Medicaid Eligibility: SUPPORT expanding Medicaid enrollment eligibility to individuals incarcerated but pending disposition of charges (pre-trial detainees) pursuant to the Affordable Care Act to help lower recidivism and reduce costs to counties for medical care. Shift of Prison Inmates to Jails: OPPOSE the state shifting inmates with less than ayear on their sentence at the time of sentencing to jails instead of prisons. Juvenile Detention: SUPPORT the dissolution of the current shared County-State Detention relationship in a manner that eliminates the administrative burdens for all parties and establishes a more collaborative and equitable detention model. TRANSPORTATION Rural Transportation Funding: 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. Uniform Minimum Standards of County Roads/Roadway Maintenance: 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. Transportation Regional Improvement Program (TRIP): 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. EMERGENCY MANAGEMENT Emergency Operation Centers (EOCs): SUPPORT continued state funding for county EOCs to ensure each is able to meet the minimum structural survivability and operational space criteria established by the state and federal government. Disaster Funding: SUPPORT a 50/50 cost-share arrangement with the state for the non- SUPPORT federal portion of the Hazard Mitigation Grant Program (HMGP). the current HMGP fund allocation and project selection process developed by the DCA, and as defined in SUPPORT Rule 9G-22, Florida Administrative Code. the creation of an emergency bridge loan program for counties to provide a source of expedient cash flow to counties impacted by a major catastrophe. íÜÖØ SUSTAINABILITY Energy: SUPPORT legislation that provides incentives for local governments to assistin state SUPPORT energy policies such as green building and carbon emission reductions. legislation that would provide technical assistance funding for counties in implementing carbon emission OPPOSE reduction programs. legislation that would result in additional energy-related mandates to county government without funding for implementation. Climate Change/State Comprehensive Climate Action Plan: 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 water supply, flood protection, SUPPORT public health and safety, and economic growth and prosperity. Specifically, state and federal legislation that recognizes adaptation and mitigation as critical climate change issues. SUPPORT Additionally, state funding sources to assist local governments in developing and SUPPORT implementing necessary climate change initiatives. legislation that creates a Clean SUPPORT Portfolio Standard (CPS) for the State of Florida. Alternatively, a Renewable Portfolio Standard (RPS) for Florida. Solar: SUPPORT legislation that streamlines permitting and regulatory processes for solar SUPPORT products and installers. legislation that allows manufacturers of solar products to train contractors and supervise the installation of their products, without being required to obtain a contracting license. Federal Energy legislation: SUPPORT federal legislation that adopts stricter fuel efficiency SUPPORT standards at the national level to ensure uniformity of regulation. fully funding the Federal Green Jobs Act of 2007. Recycling: SUPPORT legislation that provides appropriate resources and incentivesto 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 OPPOSE currently facing. legislation that imposes fees or taxes on local governments for SUPPORT collecting waste, which is an essential governmental service. 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. Solid Waste Management: SUPPORT reinstating state funding of Solid Waste Management Grants. Solid Waste-Construction & Demolition Debris Collection, Recycling and Disposal: OPPOSE preemption of county authority to franchise and otherwise regulate C&D haulers, recyclers, or disposal facilities. íÜÖØ ðÎÏËÎØúÎÈÏÉÄûÎÜËÙÎ×úÎÈÏÉÄúÎÐÐÔÊÊÔÎÏØËÊñØÖÔÊÑÜÉÔÇØíËÔÎËÔÉÔØÊ 2013 FEDERAL LEGISLATIVE PRIORITIES FINANCE Tax-Exempt Bond Status: Oppose legislation that would limit the tax exempt status of state and local government bonds, as doing so could increase borrowing costs for local governments and significantly diminish demand for bonds making in more difficult to finance local infrastructure projects. Tourist Development Tax: Support federal legislation that would provide for the comprehensive review of the current tourist development tax model and oppose legislation that would exempt a portion of the online transient transactions that would ultimately result in reduced local bed tax revenues. FEDERAL FUNDING federal airport and aviation programs Support reauthorization of . Edwin Byrne Memorial Justice Assistance Grant program Support full funding of the in the coming federal fiscal year. Disaster Support Recovery, Housing, Social and Community Service programs including FEMA, Community Development Block Grant and the Community Services and Social Services Block Grant programs. INSURANCE AND FEMA National Flood Insurance Program (NFIP) Support amending the of the National Flood Insurance Act of 1968 to provide for the NFIP to make available multi-peril coverage for a national catastrophic insurance fund; 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. Support continued (FEMA) natural hazard mitigation programs to include mitigation for hazards associated with climate change impacts. Support legislation that would authorize FEMA to refrain from issuing flood insurance for new construction on vacant properties which contain suitable habitat for threatened and endangered species. íÜÖØ INFRASTRUCTURE FUNDING national Support federal legislation or elements of proposed bills that would create and fund a infrastructure bank or other new infrastructure funding source to finance projects needed by state and local governments to adapt to the impacts of climate change and the growing regional needs for improved infrastructure with emphasis on investments in areas such as water management, water supply, transportation and other projects that provide hazard mitigation and serve to reduce risks to urban infrastructure from extreme weather events and rising sea levels. CLIMATE ACTION Support federal legislation to ensure that the underwriting requirements of Fannie Mae and PACE programs Freddie Mac allow for the use of by local governments as a tool to encourage energy efficiency. Congressional recognition of adaptation as a critical climate change issue Support greater in the development of all legislation and appropriations priorities. federal climate legislation Support 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. revisions to the Oil Protection Act Support of 1990 (OPA) providing greater participation from local governments as a primary first responder in an effort to protect local communities. íÜÖØ MONROE COUNTY LEGISLATIVE PRIORITIES 2013 4 ": 6( t rji .4 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS JANUARY 16, 2013 DRAFT (REVISED) 1 61 Monroe County Board of County Commissioners Legislative Priorities 2013 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Mayor George Neugent, District 2 Mayor Pro Tem Heather Carruthers, District 3 Danny Kolhage, District 1 David Rice, District 4 Sylvia Murphy, District 5 COUNTY ADMINISTRATOR Roman Gastesi LEGISLATIVE DISTRICTS Senate District 39: Dwayne Bullard House District 120: Holly Raschein MEMBERSHIP IN LEGISLATIVE ALLIANCES Florida Association of Counties Small County Coalition Florida City and County Management Association National Association of Counties International City /County Management Association .. 11 r ... Page 1 TOP STATE LEGISLATIVE PRIORITIES 2013 WASTEWATER INFRASTRUCTURE: 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. SUPPORT proposed amendment to F.S. 215.691(1)(a)(2) which would clarify that the Rep. Mayfield Restoration Bonds proceeds can be used for wastewater improvement projects throughout Monroe County including the City of Key West. COUNTY SHARE OF COSTS FOR MEDICAID SERVICES: SUPPORT the dissolution of the current county -state Medicaid contributory relationship in a manner that absolves counties of the financial responsibilities related to the provision of Medicaid services in Florida, eliminates associated administrative burdens for the counties and the state; and equitably mitigates any potential fiscal impact for all affected parties. Reforming the current system of bureaucratic administration of county /state Medicaid billing will save tax dollars. However, absent the identification of strategies to achieve the goals above, Monroe County SUPPORTS retaining the current Medicaid billing system, but only with certain statutory modifications that should include: (1) allowing counties to review their bills prior to payment; (2) allowing counties to pay from a revenue source of our own choosing within a specific time period; (3) allowing the state to withhold county revenue sharing for nonpayment within a specific time period; and, (4) requiring the state in consultation with the counties to develop an accurate, reliable, and equitable billing process. CITIZENS/WIND INSURANCE: SUPPORT legislative efforts to provide more accurate insurance rates to residents of Monroe County. TRANSPORTATION INFRASTRUCTURE FUNDING: SUPPORT continuing enhanced state funding for road and bridge infrastructure, maintenance, and improvements. Support 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. UNFUNDED MANDATES AND HOME RULE: OPPOSE unfunded mandates, pre - emption of local government authority, or other legislation that is costly or detrimental to Monroe County's ability to serve the needs of its citizens. RESTORE ACT: SUPPORT coordination with local, state and federal stakeholders to ensure funding for critically important environmental projects for the Florida Keys. Page 2 __ - _- -- - -- Monroe County Board of County Commissioners Legislative Priorities 2013 LEGISLATIVE ISSUES OF IMPORTANCE FINANCE/REVENUE: Communications Services Tax: SUPPORT amending and /or revising current legislation in a manner that ensures that this tax remains a locally controlled revenue and removes competitive advantages within the industry by providing similar tax treatment to similar services. i Tourist Development Tax/Sales Tax: SUPPORT legislation that would provide for the comprehensive review of the structure, application, and administration of the current tourist development tax model and related revenues utilized in Florida, and eliminates the exemption that exists between wholesale and final price. Local Discretionary Revenue Flexibility: SUPPORT modifications to existing laws governing local discretionary revenue sources to provide greater flexibility and more efficient administration and management. Local Business Tax: OPPOSE legislation that would provide for the elimination of the local business tax, or reducing its flexibility in use. Specific County Based Appropriations: SUPPORT maintaining current state appropriations critical to the delivery of public services at the county government level as it relates to currently funded county -based appropriations in the SFY 2013 -2014 budget. State funding for key infrastructure: SUPPORT state funding for critical and job- creating infrastructure such as wastewater, roads and bridges; and legislation that provides additional local revenue sources for fund public infrastructure needs and /or greater flexibility in levying and using currently authorized local revenue sources. Florida Retirement System: 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. Transparency Florida: SUPPORT legislation that would allow counties to voluntarily develop standards to comply with the 2009 Transparency Florida Act. Public Notice: SUPPORT legislation allowing local governments to comply with public notice and legal advertisement requirements by means other than the newspaper. 1 Communications Services Tax: Last session the Legislature passed a bill that made changes to the definitions of the CST and created a workgroup to study the tax to make recommendations on future communications tax policies. The CST is a tax on the retail sales of communications services (voice, data, audio, cable). Internet access, email and prepaid calling cards are not included and account for 25 -40% of all wireless phones. The proceeds from the tax are transferred to county and municipal governments, Public Education Capital outlay, and the state's general fund. A key provision in last year's bill provided an exemption for phone and cable if "bundled" with other services (meaning less local tax revenue.) The challenge this session is to identify options for streamlining the administration system and options for removing competitive advantages within the industry as it related to the state's tax structure without reducing revenue to local governments. Page 3 GROWTH MANAGEMENT / ENVIRONMENT Oil Spill Protections: 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 their December 2012 report "Recommendations for Improving Oil Spill Planning and Response Capabilities in Florida." 2 Florida Forever: SUPPORT the continuation of the Florida Forever land acquisition program, to the extent the program is sufficient to acquire land for the protection of natural resources. SUPPORT legislation that would require land acquisition projects to be ranked according to their consistency with the local comprehensive plan. Area of Critical State Concern: SUPPORT the continued designation of the Florida Keys as an Area of Critical State Concern. Florida's Growth Management Framework: 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. OPPOSE legislation that erodes county authority to regulate development pursuant to the Growth Management Act of 1985. State's Role in Growth Management: SUPPORT state role in growth management that recognizes the fundamental principle of county home rule power, which enables counties to develop Local solutions to local problems; fosters partnerships with counties to ensure local planning goals are realized; provides an appropriate vision and strategy for how the state should grows; provides funding for key infrastructure systems; and provides appropriate oversight in land use matters to minimize extra jurisdictional conflicts. Environmental Regulation and Permitting: OPPOSE legislation that prevents counties from having local environmental programs that are stricter in nature than state or federal regulatory programs. SUPPORT legislation that is thoroughly vetted with all stakeholders, and that takes a targeted approach to increasing regulatory efficiencies, rather than broadly preempting local governments. Proportionate Fair -Share Mitigation: OPPOSE further legislative changes to the proportionate share funding process prevents counties, under certain circumstances, from charging a development its fair share of road improvements necessary to support that development. SUPPORT changes in law that gives counties the option of using the proportionate share process and modifying the proportionate share language to allow local governments to determine if the proportionate fair share payment is adequate to satisfy the requirements of the local government concurrency management system, and to modify the proportionate fair share language in statute to ensure that local governments can charge each development its proportionate share of road 2 This report can be found at: http: / /www.dep. state. fl. us / deepwaterhorizon /commission.htm Page 4 Monroe County Board of County Commissioners Legislative Priorities 2013 improvements when the road is currently deficient or when development causes the road to operate below its adopted level of service. Concurrence: In the absence of state - mandated transportation concurrency, and to ensure that the roads needed to support new development are concurrent with the impacts of that development, SUPPORT county home rule authority, and current statutory provisions, which allow counties retain their current transportation concurrency systems, as adopted by local ordinance. Affordable Housing: SUPPORT retaining the full amount of dedicated documentary tax revenues towards state and local affordable housing programs. OPPOSE legislative efforts that restrict or otherwise limit county home rule authority to use linkage fees for affordable housing. Working Waterfronts: SUPPORT legislation that provides additional state and local funding sources and statutory provisions to 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. Vessels and Waterways: SUPPORT continued state funding of derelict vessel removal. 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. Sovereign Submerged Lands: 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. Management of Conservation Lands: SUPPORT legislation that provides future state funding for the maintenance and management of conservation lands transferred to county control. SUPPORT legislation that provides for improved management of state lands and public access to those lands. Beach Renourishment: SUPPORT continuation of a dedicated state funding source for beach renourishment at or above statutory levels. Water — Onsite Wastewater Treatment: OPPOSE legislation that would prevent counties from requiring mandatory hookup to central sewer. Local governments are best equipped to determine how to properly balance environmental concerns with the cost of providing for wastewater treatment to homeowners and businesses, whether by centralized sewer, advanced treatment units, performance based onsite wastewater systems, or conventional or passive onsite systems. Water Quality — Numeric Nutrient Criteria: SUPPORT science -based numeric nutrient criteria for Florida's water and the DEP's Numeric Nutrient Criteria Rule as a replacement for the federally promulgated numeric nutrient criteria. Page 5 Billboards: OPPOSE dilution of county authority to regulate billboards. OPPOSE legislation that preempts local government's ability to establish and maintain local ordinances which regulate billboards. LIBRARIES Libraries: SUPPORT measures that ensure decisions and policies regarding county libraries are made at the local level. OPPOSE legislation that allows individuals to bring civil causes of action against counties relating to internet filtering devices and/or policies. 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, SUPPORT a $10 million increase in state aid to public libraries. SUPPORT full funding of Public Library Construction Grant requests at $12.4 million. HEALTH AND SOCIAL SERVICES Behavioral Health System: SUPPORT appropriate funding for core mental health and substance abuse services. SUPPORT continued efforts to work through Medicaid reform initiatives to ensure that persons with substance abuse and mental health treatment needs are appropriately served. SUPPORT efforts to increase supportive housing, employment and education initiatives for people with behavioral health issues and/or disabilities. Baker Act: SUPPORT appropriate funding as outlined in the existing state capacity formula for crisis mental health and substance abuse beds statewide. SUPPORT increased funding for public receiving facilities and maintaining funding for public facilities if new state general revenue is provided to private receiving facilities. County Health Departments (CHDs): SUPPORT maintaining state general revenue funding for CHDs, and OPPOSE any state reductions to the County Health Department Trust Funds. SUPPORT maintaining a coordinated system of county health departments (CHDs) that is centrally housed within the Department of Health (DOH). OPPOSE efforts to decentralize the public health system by transferring authority over CHDs from the DOH to the respective county governments. 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. OPPOSE efforts, legislative or otherwise, to limit or eliminate the provision of primary care services in CHDs. Transportation Disadvantaged (TD): SUPPORT the continuation of a coordinated Transportation Disadvantaged (TD) system. SUPPORT appropriate and dedicated state funding for the TD program. SUPPORT efforts to protect the TD trust fund. Healthy Families: SUPPORT continuation of funding for the Florida Healthy Families program. Homelessness: SUPPORT the development of strategies that would allow local governments to work with the state and federal government to serve homeless population. SUPPORT restoring Page 6 Monroe County Board of County Commissioners Legislative Priorities 2013 --------------- - - -- state funding for programs that serve the homeless. SUPPORT a process that would waive the fees related to obtaining personal identification from the state for persons identified as homeless. SUPPORT continued coordination with the State's homeless planning council, specifically as it develops policies in support of the new Federal Strategic Plan to End Homelessness. CRIMINAL JUSTICE Mentally Ill and Substance Abuse: 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. Inmates with Medicaid Eligibility: SUPPORT expanding Medicaid enrollment eligibility to individuals incarcerated but pending disposition of charges (pre -trial detainees) pursuant to the Affordable Care Act to help lower recidivism and reduce costs to counties for medical care. Shift of Prison Inmates to Jails: OPPOSE the state shifting inmates with less than a year on their sentence at the time of sentencing to jails instead of prisons. Juvenile Detention: SUPPORT the dissolution of the current shared County -State Detention relationship in a manner that eliminates the administrative burdens for all parties and establishes a more collaborative and equitable detention model. TRANSPORTATION Rural Transportation Funding: 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. Uniform Minimum Standards of County Roads/Roadway Maintenance: 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. Transportation Regional Improvement Program (TRIP): 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. EMERGENCY MANAGEMENT Emergency Operation Centers (EOCs): SUPPORT continued state funding for county EOCs to ensure each is able to meet the minimum structural survivability and operational space criteria established by the state and federal government. Disaster Funding: SUPPORT a 50/50 cost -share arrangement with the state for the non - federal portion of the Hazard Mitigation Grant Program (HMGP). SUPPORT the current HMGP fund allocation and project selection process developed by the DCA, and as defined in Rule 9G -22, Page 7 Florida Administrative Code. SUPPORT the creation of an emergency bridge loan program for counties to provide a source of expedient cash flow to counties impacted by a major catastrophe. SUSTAINABILITY Energy: SUPPORT legislation that provides incentives for local governments to assist in state energy policies such as green building and carbon emission reductions. SUPPORT legislation that would provide technical assistance funding for counties in implementing carbon emission reduction programs. OPPOSE legislation that would result in additional energy - related mandates to county government without funding for implementation. Climate Change /State Comprehensive Climate Action Plan: 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 water supply, flood protection, public health and safety, and economic growth and prosperity. Specifically, SUPPORT state and federal legislation that recognizes adaptation and mitigation as critical climate change issues. Additionally, 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. Solar: SUPPORT legislation that streamlines permitting and regulatory processes for solar products and installers. SUPPORT legislation that allows manufacturers of solar products to train contractors and supervise the installation of their products, without being required to obtain a contracting license. Federal Energy legislation: SUPPORT federal legislation that adopts stricter fuel efficiency standards at the national level to ensure uniformity of regulation. SUPPORT fully funding the Federal Green Jobs Act of 2007. Recycling: 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. 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. Solid Waste Management: SUPPORT reinstating state funding of Solid Waste Management Grants. Solid Waste - Construction & Demolition Debris Collection, Recycling and Disposal: OPPOSE preemption of county authority to franchise and otherwise regulate C &D haulers, recyclers, or disposal facilities. Page 8 Monroe County Board of County Commissioners Legislative Priorities 2013 FEDERAL LEGISLATIVE PRIORITIES 2013 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. The 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 $6B of economic activity per year. The 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 water infrastructure), coral reef preservation, sport and commercial fisheries sustainability, and habitat protection. WATER RESOURCES DEVELOPMENT ACT • Support WRDA re- authorization. Like communities across the nation, water infrastructure and shoreline protection is critical to Monroe County's economy and public safety. Monroe County has been tackling a $1B federally mandated wastewater and storm water project for the past decade, largely on our own. Water infrastructure investment is shared responsibility among local, state and federal stakeholders, and we urge lawmakers to recognize their role in helping to finance this infrastructure need. Water infrastructure funding also provides an excellent return on investment in terms of jobs and economic output. Monroe County urges lawmakers to recognize local community water infrastructure needs and their role in helping to finance these needs, by reauthorizing WRDA this session. OIL 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) that 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. Page 9 FINANCE • Tax - Exempt Bond Status: Oppose legislation that would limit the tax exempt status of state and local government bonds, as doing so could increase borrowing costs for local governments and significantly diminish demand for bonds making in more difficult to finance local infrastructure projects. • Tourist Development Tax: Support federal legislation that would provide for the comprehensive review of the current tourist development tax model and oppose legislation that would exempt a portion of the online transient transactions that would ultimately result in reduced local bed tax revenues. FEDERAL FUNDING • Support reauthorization of federal airport and aviation programs. • Support full funding of the Edwin Byrne Memorial Justice Assistance Grant program • Support the preservation of the current level of federal funding for Monroe County's Disaster Recovery, Housing, Social and Community Service programs including FEMA, Community Development Block Grant and the Community Services and Social Services Block Grant programs. CLIMATE ACTION • Support 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. • Support greater Congressional recognition of adaptation as a critical climate change issue in the development of all legislation and appropriations priorities. • 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. INSURANCE AND FEMA • Support amending the National Flood Insurance Program (NFIP) of the National Flood Insurance Act of 1968 to provide for the NFIP to make available multi -peril coverage for a national catastrophic insurance fund; creation of a national catastrophic insurance fund will Page 10 Monroe County Board of County Commissioners Legislative Priorities 2013 spread risk from natural disasters across all states and eliminate legal battles in determining damage caused by wind versus water due to hurricanes. • Support continued funding for the Federal Emergency Management Administration's (FEMA) natural hazard mitigation programs to include mitigation for hazards associated with climate change impacts. • Support legislation that would authorize FEMA to refrain from issuing flood insurance for new construction on vacant properties which contain suitable habitat for threatened and endangered species. INFRASTRUCTURE FUNDING • Support federal legislation or elements of proposed bills that would create and fund a national infrastructure bank or other new infrastructure funding source to finance projects needed by state and local governments to adapt to the impacts of climate change and the growing regional needs for improved infrastructure with emphasis on investments in areas such as water management, water supply, transportation and other projects that provide hazard mitigation and serve to reduce risks to urban infrastructure from extreme weather events and rising sea levels. Page 1 1