Item P3County of Monroe
A
BOARD OF COUNTY COMMISSIONERS
Mayor George Neugent, District 2
The Florida. Key
y
w)
Mayor Pro Tem David Rice, District 4
�r
Danny L. Kolhage, District I
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
January 18, 2017
Agenda Item Number: P.3
Agenda Item Summary #2587
BULK ITEM: Yes DEPARTMENT: County Administrator
TIME APPROXIMATE: STAFF CONTACT: Lisa Tennyson (305) 292 -4444
N/A
AGENDA ITEM WORDING: Approval of the Monroe County 2017 State Legislative Agenda.
ITEM BACKGROUND: Each year, the County develops a legislative agenda as an advocacy tool
during the State Legislative Session. Attached for your review and approval is the State Legislative
Agenda.
Staff has provided a draft list of substantive priorities and some additional general issues for the
2017 State legislative session, and welcomes the addition or deletion of issues that the Board deems
appropriate for the County's 2017 legislative issues. Upon Board approval, staff and the contract
lobbyists 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 2017. As issues
arise throughout the session, the BOCC will be apprised and asked to approve additional or revised
legislative items.
Typically, the County focuses on its legislative priorities, and then supports the Florida Association
of Counties (FAC) in achieving broader substantive initiatives. FAC finalized its 2017 legislative
program during their legislative conference November 2016. 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 BOCC reviewed and
approved the Compact's 2017 legislative agenda at its December meeting.
The Florida State legislative session officially begins March 7, 2017 and concludes May 5, 2017.
PREVIOUS RELEVANT BOCC ACTION: Approval of the 2016 Legislative agenda.
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
2017 Monroe County State Leg Agenda 2017 Final Draft
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing:
Grant:
County Match:
Insurance Required:
Additional Details:
If yes, amount:
REVIEWED BY:
Bob Shillinger
Budget and Finance
Maria Slavik
Kathy Peters
Board of County Commissioners
Completed
01/10/2017 2:36 PM
Completed
01/10/2017 2:42 PM
Completed
01/10/2017 2:49 PM
Completed
01/17/2017 9:48 AM
Completed
01/18/2017 9:00 AM
ILI
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
January 18, 2017
Monroe County Board of County Commissioners State Legislative Priorities 2017
Mayor George Neugent, District 2
Mayor Pro Tern David Rice, District 4
Danny Kolhage, District 1
Heather Carruthers, District 3
Sylvia Murphy, District 5
Roman Gastesi
House District 120: Representative Holly Raschein
Senate District 39: Senator Anitere Flores
Florida Association of Counties
Small County Coalition
Southeast Florida Climate Compact
National Association of Counties
International City /County Management Association
REPORT AND DISCUSSION ........................................................ ............................... 3
STATE LEGISLATIVE PRIORITIES:
LandAcquisition ....................................................... ...............................
5
WaterQuality ............................................................ ...............................
5
Wind and Flood Insurance ....................................... ...............................
6
Marine Protection: Pump Out Program and Derelict Vessels...........
8
Overseas Heritage Trail .............................................. ...............................
9
Everglades Restoration .............................................. ...............................
9
VacationRentals .......................................................... ...............................
9
Telecommunications for Advisory Boards ................ ...............................
9
Clerks Funding .............................................................. ...............................
10
Single Use Plastic Bags .................................................. ...............................
10
Fracking .......................................................................... ...............................
10
Resilience Hardening and Planning ............................ ...............................
10
Cell Tower Regulations ................................................ ...............................
10
Medical Marijuana ............................................ ...............................
11
Unfunded Mandates, County Revenues, Home Rule ...............
11
Appropriations................................................... ...............................
12
GENERAL STATE LEGISLATIVE ISSUES:
Growth Management/ Environmental Regulation ............................. 12
Affordable Housing /Homelessness ........................ ............................... 13
Health, Mental Health, and Social Services ............ ............................... 13
Libraries....................................................................... ............................... 14
Transportation............................................................ ...............................
14
Veterans...................................................................... ...............................
14
County Jails, Juvenile Justice ...................................... ...............................
14
Emergency Management ........................................... ...............................
15
Sustainability /Recycling ............................................. ...............................
15
PACE.............................................................................. ...............................
16
State Pension System .................................................. ...............................
16
CONTACT INFORMATION ................................................................. ............................... 17
a
a
a
Monroe County Board of County Commissioners State Legislative Priorities 2017
Staff is seeking Board approval of the issues presented herein to be included in the County's 2017 State
Legislative Program. 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 2017.
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 the Small County Coalition (SCC) in achieving their broader substantive initiatives. FAC and SCC finalized its
legislative program during its legislative conference in November. As a member of the Southeast Florida
Regional Climate Compact, Monroe County works collaboratively to help develop the Compact's draft
legislative program. The Compact finalized its draft agenda in December; and is before the County
Commission for approval at its January meeting.
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. Staff has provided a list of substantive priorities and a
list general issues that we should monitor for the 2017 state legislative session; and welcomes the addition or
deletion of issues that the Board deems appropriate for the County's 2017 legislative efforts.
Like most legislation, the County's legislative efforts are incremental and focused on issues that are built upon
throughout several sessions, such as funding for water quality infrastructure and land acquisition, and
protecting Citizen's wind insurance affordability; these will continue to be legislative priorities in the 2017
session.
The County's number one priority to is secure a $25M appropriation through the Florida Keys Stewardship Act
(FKSA), of which $20M is to fund water quality projects and $5M is for land acquisition. The water quality
funding will be drawn from the Mayfield authorization. The FKSA expanded the authorized the uses for
remaining $100M in the Mayfield authorization (originally limited to wastewater treatment projects) for water
quality projects like canal restoration and storm water.
The FKSA also authorized an annual $5M set -aside of Florida Forever funding, dedicated specifically to enable
Florida Department of Environmental Protection to renew an aggressive land acquisition program in the
Florida Keys. As the universe of development permits shrinks, there is need to keep our state legislators
mindful about the impacts and consequences of Monroe County's challenge of protecting both
environmentally sensitive lands while balancing private property rights. We continue to work closely with the
State's Department of Environmental Protection (DEP) and Department of Economic Opportunity (DEO) on
these issues.
Wind insurance affordability is yet another critical need for our constituents and a key component in
preserving the Keys' strong local economy that is a valuable economic engine for the State. At the State level,
this requires working with and monitoring Citizens Property Insurance Company's wind storm insurance to find
ways to enhance affordability, with the Office of Insurance Regulation to address annual rate increases, and to
oppose efforts to increase premiums, reduce coverage, and reduce eligibility. Affordable flood insurance is
another important issue, but mainly a federal one. However, Monroe supports any efforts that may be made
by State Legislature on behalf of the 1.8 million Floridians who are policy holders in the National Flood
Insurance Program, to preserve the NFIP and affordable flood insurance.
The 2017 expiration date of the FWC Anchoring and Mooring Pilot Program raises another legislative priority
for Monroe. Through the pilot program, Monroe County implemented a highly successful pump out program,
based on authorization through the pilot program to require a proof of pump out for vessels in the four
managed anchoring zones throughout the Florida Keys. Preserving this proof of pump out program after the
pilot program sunsets will require legislation. FWC developed a report of recommendations for the
Legislature, and the preservation of the pump out program in the Florida Keys is included among its
recommendations. We will have to monitor how the Legislature acts on FWC's report. We expect a committee
bill to address FWC's recommendations, but in the absence of that Monroe is prepared to draft its own bill.
Securing funding to continue the pump out service program is also a priority. Last year we secured a $500,000
legislative appropriation in addition to Clean Vessel Act funding. We will seek this same appropriation this
year.
Another important issue this session and one supported by Monroe County is state funding for land acquisition
in the Everglades Agricultural Areas for water storage in order to expedite Everglades Restoration.
As always, it remains important for the lobbying teams to monitor the budgetary and programmatic decisions
made by the Legislature to determine their impact on local governments in the form of pre- emptions, 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, FAC "Call to Action" emails, and regular updates.
Finally, while not strictly legislative in nature, we will be monitoring the meetings, discussions and
recommendations of the Constitutional Review Committee (CRC). The CRC is convened once every 20 years to
review and make recommendations for changes to the State Constitution. Given the wide breadth of its
purview, the CRC's recommendations, which all become referenda on the 2018 ballot, carry significant
potential impacts to local governments' operations, structure, home rule, and legislative interests.
The County utilizes contract lobbying services at the state level to further Monroe County's legislative goals
and to secure vital appropriations. Monroe County currently contracts with Robert Reyes with Capital Group,
John Wayne Smith of Peebles Smith (with a sub - contract with Gray- Robinson), and Frank Bernardino with
Anfield Consulting. These firms provide a daily presence in Tallahassee and advocate for the County's
legislative priorities.
Staff coordinates regularly with the County's state lobbying team by phone and e -mail to strategize on key
state policy, regulatory, and budget issues. In addition to weekly conference calls during session, and weekly
issues tracking, lobbyists also submit monthly reports, and formally report annually to the Board of County
Commissioners.
Please find on the following pages a listing of the proposed Monroe County 2017 state legislative issues; with a
brief discussion on each.
March 7, 2017: State Legislative Session Opens
April 5, 2017: Florida Association of Counties Legislative Day
Monroe County Board of County Commr ssicners State Legislative Priorities 2017
April 18, 2017: Florida Keys Legislative Day
May 5, 2017: Last Day of Regular Session
CHALLENGES:
➢ Area of Critical State Concern: The State of Florida designated the Florida Keys an Area of Critical State
Concern, in recognition of its unique and significant environmental resources.
➢ Hurricane Evacuation: The State's hurricane evacuation rules for the Keys mandate that the Keys be
safely evacuated within 24 hours. This limits the number of cars on the road which limits the number of
people that can live here, which the State accomplishes through an annual rationing of building permits,
until we reach a cap or "build out."
➢ Development Permits: The State caps the total number of permits in the Keys. In 2013 that cap was set at
3,550. Each year, the State then allocates to the Keys, a specific limited number - 355. At this rate we will
reach build out in 2023 after which no further development will be permitted.
➢ Property Rights /Takings: After we apply all of the available permits (3,550), there will still be 7,800
privately- owned, undeveloped parcels, potentially with no ability to develop. The deficit of permits could
trigger takings lawsuits against the local governments and the State from owners who may have been
denied the ability to build on their property. The total value of the remaining 7,800 parcels is estimated to
be $317M.
REQUESTED ACTIONS:
Continue to work with in partnership with FDEP to implement an aggressive, long -term land acquisition
strategy in the Florida Keys aimed at preserving land and reducing the total inventory of privately owned
vacant land to curtail the threat of significant future takings liability. As a reflection of this partnership,
Monroe County has allocated $10M in local match funds for land acquisition. Thus far, in FY 2016 and FY 2017
to date, the County has acquired 107 parcels and expended $3M in local dollars.
SUPPORT appropriation of $5M within Florida Forever pursuant to The Florida Keys Stewardship Act
for land acquisition within the Florida Keys. Of the 7,800 privately- owned, undeveloped properties that
could be left without permits almost half lie within Florida Forever projects.
SUPPORT Military Base Protection Program funding for Naval Air Station Key West encroachment
threats: The Keys are home the U.S. Naval Air Station Key West; to be prioritized within the State's
Military Base Protection Program, land that presents encroachment threats to the base's operation,
would advance our land acquisition /retirement of development rights needs. Approximately 500 of the
7,800 privately- owned, undeveloped parcels lie within military buffer areas.
SUPPORT significant, reliable funding from Land Acquisition Trust Fund for the acquisition of land
including land management, restoration of natural systems, conservation of land to improve water
quality, and protection of critical land and water habitat.
CHALLENGES:
➢ Unique Ecosystem: The Florida Keys lie within the waters of the Florida Keys National Marine Sanctuary.
This fragile and complex marine ecosystem of the Florida Keys is one of the most unique ecosystems in the
world and is home to the only living coral reef in the continental U.S. and the third largest barrier reef in
the world, the largest sea grass meadow in the hemisphere, and 6,000 species of marine life. Leaching
cesspits, runoff and degraded canal waters pollute the nearshores waters of the Sanctuary and threaten
the ecosystem.
➢ Unrivaled Economic Impact: This ecosystem is the lifeblood of marine -based tourism and fisheries
economy unrivaled in the State of Florida generating over 413 in economic activity, enabling the Keys to
generate 200M in sales tax revenue for the State last year.
➢ Federal State Water Quality Mandates: The implementation of Advanced Wastewater Treatment
standards, storm water management and canal water restoration in the Florida Keys are all pursuant to
and in furtherance of the Federal Water Quality Protection Program mandates that apply to all of the
waters surrounding the Florida Keys. Congress created the Florida Keys National Marine Sanctuary in 1990
and directed US EPA and the State to develop a Water Quality Protection Program to restore and protect
water quality.
➢ Wastewater Implementation: The Florida Keys have invested almost $900M for a centralized advanced
wastewater treatment system that spans the 100 +mile archipelago. The State has invested $100M in that
system.
➢ Storm water and Degraded Canal Waters: With wastewater treatment system improvements almost
complete, the Keys must now address two remaining areas of water quality concern, storm water and
degraded canal waters. There are approximately 300 poor water quality canals throughout the Keys that
do not meet state water quality standards. Runoff and poor canal water leach into the nearshore waters
of the Florida Keys National Marine Sanctuary and threaten its fragile ecosystem.
REQUESTED ACTIONS:
SUPPORT a $20M appropriation pursuant to The Florida Keys Stewardship Act to construct water quality
projects in the Florida Keys.
CHALLENGES:
➢ Single provider of wind insurance: Citizens Property Insurance Company provides wind insurance
coverage for approximately 90% of Keys' homes, and is limited to homes valued up to $750,000. Those
properties valued over $750,000 must use surplus lines.
➢ Affordability: Property insurance affordability is a key component in preserving the Keys' strong local
economy that is a valuable economic engine for the State, and critically important to our residents and
business community.
o Citizens Property Insurance Corporation statute reads: "The absence of affordable property insurance
threatens the public health, safety, and welfare and likewise threatens the economic health of the
state. The state therefore has a compelling public interest and a public purpose to assist in assuring
that property in the state is insured and that it is insured at affordable rates so as to facilitate the
remediation, reconstruction, and replacement of damaged or destroyed property in order to reduce or
avoid the negative effects otherwise resulting to the public health, safety, and welfare, to the
Monroe County Board of County Commr ssicners State Legislative Priorities 2017
economy of the state, and to the revenues of the state and local governments which are needed to
provide for the public welfare."
➢ Premium increases and depopulation: 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). We urge the legislature, Citizens and OIR to consider the current and any
further rate increases given the following:
• From 2004 -2015 Monroe paid $769M in premiums to Citizens, and filed only $83M in claims.
• Monroe's claims have never exceeded its premiums in any of those years, including 2004 and
2005.
• Monroe County's claim to premium ration is .11 as compared to a statewide ration of .64.
• Yet, Monroe's premium rate is 8.10 per 1,000 of exposure, the highest in the State and 175%
higher than the median coastal rate.
➢ Monroe's building standards: Monroe County's building standards are among the most rigorous in the
State, yet this is not reflected in Citizens' rate calculations for Monroe property owners. We are working
with Citizens to account for Monroe's building code in mitigation credit calculations and supports
legislation that establishes premium rates that are commensurate with actual risk.
➢ Flood Insurance: Affordable flood insurance is another important issue, but mainly a federal one.
Affordable flood insurance is provided through the National Flood Insurance Program (NFIP). With more
NFIP policies than any other state, Florida has a lot at stake with the future of the program, and its
continued ability to provide flood insurance to Floridians at affordable rates. The majority of NFIP policies
belong to homes and businesses in the state's coastal communities; these coastal communities generate
80% of the State's GDP. The County encourages the State Legislature to recognize the value of NFIP and
the local and state -wide economic benefits of affordable flood insurance and to ensure and support
measures that preserve it.
REQUESTED ACTIONS:
OPPOSE legislation that increases Citizens' wind insurance premiums or limits the availability of Citizens'
coverage (particularly in areas such as Monroe, where there is no reasonable degree of competition for
windstorm insurance.)
V OPPOSE the 2017 rate increase in Citizens Wind Insurance for Monroe County and suspend any future
rate increases for five years, pending the completion of the following:
o Application of mitigation credits that account for Monroe's rigorous building standards;
• Consider be given to converting Monroe County from a single geographic area into smaller discreet
geographic area, given its unique linear geography. There is a strong correlation between rate levels
and total amount of insurance and loss projections in a geographic area; smaller, more discreet areas
have lower total insured amounts and loss projections. Smaller areas also carry lower storm hit
prediction likelihoods than larger areas. Smaller, more discreet areas have lower risk and ultimately
lower rates. Since storms do not hit more than one geographic area in the Florida Keys, it does not
make sense for us to be considered a single geographic area for the purposes of risk modeling and
predictions.
• Application of an affordability definition or standard, per the statutory language mandating
affordability.
SUPPORT state legislative efforts that recognize the importance of affordable flood insurance to home-
owners and local businesses, particularly in coastal communities, and to their local economies, which in
turn contribute tremendously to the overall state economy; and that seek to address flood insurance
premium rate hikes associated with changes to the National Flood Insurance Program.
SUPPORT the legislative efforts of Fair Insurance Rates for Monroe (FIRM) related to both wind and flood
insurance affordability and availability for Monroe County.
CHALLENGES:
➢ FWC Pilot Program: Under the authority of the FWC Pilot Program for Anchoring and Mooring, Monroe
County in 2012 established 4 "Managed Anchoring Zones." Within those zones is a regulation for proof of
pump out. In order to assist those boaters in complying with the proof of pump out regulation (and
requirements of the federally established "No Discharge Zone" throughout the Keys' waters), the County
has provided a free mobile vessel pump out service. After four years of provision of the pump out service
and requirement of proof of pump out, FWC and the County have determined that there is near 100%
compliance of the proof of pump out regulation within the "Managed Anchoring Zones." Based on the
success of the proof of pump out requirement in association with the mobile pump out service provided,
the County desires to preserve this program. However, the pilot program sunsets in 2017, and with that
Monroe's authority to continue proof of pump out requirement in those specific anchoring zones.
➢ FWC's Final Report and Recommendations to Legislature: FWC submitted a final report to the Legislature
on the pilot program, including a set of recommendations, of which the following are the most important:
1) authority to maintain the proof of pump out requirement in current managed anchoring zones; and 2)
establish no- anchoring zones within 300 feet of mooring fields.
Other FWC report recommendations of importance to Monroe include those related to the prevention of
derelict vessels, providing authority to Counties to regulate the anchoring of vessels, and establishing
anchoring prohibited areas within 150' of marinas, boat ramps or other vessel launching facilities.
Monroe is supporting legislative action to enact the FWC recommendations via a committee bill.
Alternatively, Monroe is prepared to draft and file its own bill to preserve FWC's recommendations most
important to Monroe, primarily preserving the ability to require proof of pump -out in its managed
anchoring zones.
➢ Derelict Vessels: Monroe County has the highest number of derelict vessels in the State. Consistent with
FWC and statewide goals, Monroe County supports legislation that 1) reduces the number of derelict
vessels, including specifically addressing long -term anchoring (storage) of vessels that often leads to
degeneration and ultimately to derelict condition, and 2) ensures sufficient funding to remove and dispose
of derelict vessels.
REQUESTED ACTIONS:
SUPPORT legislation that enacts the recommendations in FWC's Anchoring /Mooring Pilot Program,
specifically and primarily:
• Maintaining Proof of Pump Out Requirement in Managed Anchoring Zones in the Florida Keys;
• Establish no- anchoring zones within 300 feet of mooring fields;
• Preventing derelict vessels (specifically adding an "inoperability" condition to the At -Risk Vessel law);
• And, while not a specific recommendation in the FWC report but acknowledged as an unresolved
issue: provide authority to Counties to regulate the anchoring of vessels outside of public mooring
fields, specifically regulating stored vessels, by limiting the period of time that stored vessels may
anchor in one location on public waters.
Monroe County Board of County Commr ssioners State Legislative Priorities 2017
SUPPORT continued Clean Vessel Act funding to Monroe County, and state efforts to secure higher level of
CVA funding from U.S. Fish and Wildlife Service, and State appropriation for pump out services. This
funding is critical to incentivizing boaters to pump out.
SUPPORT a $1 surcharge on vessel registrations to be deposited into a State fund for the sole purpose of
derelict vessel removals, and an additional $1 surcharge on all Monroe County vessel registrations to be
retained for Monroe County and to be used solely for the purpose of derelict vessel removals within
Monroe County.
OPPOSE further dilution of county authority to regulate vessels and waterways.
REQUESTED ACTIONS:
SUPPORT funding to address the poor conditions of DEP's pedestrian bridges which are part of the Florida
Keys Overseas Heritage Trail (FKOHT). Last year, DEP proposed a legislative budget request for 10M; 5M
for a comprehensive study of the conditions of all of the bridges and 5M for repairs to the bridges with the
most hazardous conditions. Monroe County supports such a request again this year.
V SUPPORT DEP's efforts to construct the Florida Keys Overseas Heritage Trail, including specifically:
o Redesign of the portions of the trail that have been impacted by erosion;
o Prioritizing the Sugarloaf section of the trail from MM 16 -20. In the event that funding is too
expensive, Monroe support phasing of the project; and
o Request FDOT provide transportation alternative program funds in the upcoming Five Year Work
Program to support the completion of the Sugarloaf portion of the FKOHT.
REQUESTED ACTIONS:
SUPPORT legislation and funding supporting complete implementation of the Comprehensive Everglades
Restoration Plan.
SUPPORT legislation and funding for land acquisition in the Everglades Agricultural Area for the purposes
of water storage.
REQUESTED ACTIONS:
OPPOSE legislation that preempts local communities from regulating vacation rentals.
SUPPORT legislation that protects grandfathered vacation rental ordinances and that would allow
entities with grandfathered ordinances to amend and update their regulations without losing their
grandfathered status.
REQUESTED ACTIONS:
SUPPORT legislation to modify sunshine law statutory requirements to allow for teleconferencing presence
to substitute for physical presence at advisory committee meetings.
REQUESTED ACTIONS:
SUPPORT adequate funding for the functions of the clerks of court, including an allocation process that
results in a fair and sufficient distribution of court generated revenue.
REQUESTED ACTIONS:
OPPOSE preempting local communities from banning single use plastic bags, particularly coastal
communities where plastic bags are not only an environmental pollutant but also pose a danger to ocean
and coastal wildlife.
REQUESTED ACTIONS:
OPPOSE legislation authorizing hydraulic fracturing or "fracking" or similar well stimulation processes and
treatments performed for the purpose of exploration or production of energy resources in the State, or in
the Florida Keys, or any area near conservation land or drinking water aquifers.
OPPOSE legislation pre - empting local regulation of fracking /drilling activities, including ancillary activities
such as waste storage, handling and disposal, truck traffic, and other local public health and safety
impacts.
V OPPOSE legislation that would create a public records law exemption for proprietary information provided
by drilling companies.
SUPPORT continuation of prohibitions against leases or permits for oil or gas drilling within Florida's
territorial seas, state lands, and the Everglades.
REQUESTED ACTIONS:
SUPPORT state legislation that encourages vulnerability assessments, coordinates resources and supports
the efforts of local governments to mitigate and adapt to sea level rise, increasing storm severity and other
climate changes, 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.
Monroe County Board of County Commr ssioners State Legislative Priorities 2017
REQUESTED ACTIONS:
SUPPORT current statutory framework and home rule authority for placement of traditional infrastructure
in county rights of way. Utilities and telecoms already have rights to be in County rights -of -way.
OPPOSE extending the authority to third party pass through providers that are not utilities (oppose efforts
to reclassify these providers as utilities.)
REQUESTED ACTIONS:
SUPPORT home rule: maintaining local authority to determine land us, zoning, and other regulatory
standards for marijuana cultivation, processing, and distribution.
SUPPORT recurring revenue: a taxation or fee structure should be implemented with the State or
independently to help counties recoup any and all costs in public services, including but not limited to law
enforcement, and regulatory enforcement.
SUPPORT legislation that provided comprehensive health -based regulatory system where the DOH is
responsible for licensing cultivation sites, dispensing facilities, and manufacturers of marijuana for
medicinal purposes.
CHALLENGES:
➢ Unfunded Mandates: The State Legislature frequently passes legislation that compels local governments
to provide a service, program, or benefit without providing the appropriate funding. 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 and compromising local governments' ability to provide
services requested by our local communities.
➢ Cost shifts: The State Legislature frequently passes legislation that passes along the costs or increases
local share requirements for services traditionally funded by the State, such as but not limited to County
Health Departments, Courts, Clerks' offices, Juvenile Justice, and mental health services.
➢ Restrictions of County Revenue Sources: At the same time the State Legislation imposes more mandates
and costs, it often pursues legislation reducing, restricting or eliminating sources of revenue for county
services, such as the Local Business Tax, Communication Services Tax, impact fees, transportation
concurrency fees, state park admission fees, and sales taxes.
➢ Pre - emption of Home Rule: Home rule, 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, is the principle that the
government closest to the people is the appropriate authority to serve the needs and requirements of the
community. The preservation of this 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.
➢ Pre - emption Examples: The State Legislature often pursues local government pre - emptions in its bills that
prohibit local governments from banning or even regulating activities enabled by the Legislature such as:
fracking, single use plastic bags and vacation rentals.
REQUESTED ACTIONS:
OPPOSE legislation that preempts the legislative and policy making powers of counties used to regulate
land use and implement local zoning controls.
OPPOSE efforts to shift cost of services, unfunded mandates, pre - emption of local government authority
(home rule), reduce state funding for infrastructure, programs and services, or other legislation that is
costly and limits Monroe County's ability to serve the needs of its citizens without requisite increases in
local property taxes.
OPPOSE legislation that would revise current law in a manner that reduces current local government -
related revenues including Communication Services tax, elimination of existing recapture provisions for
homesteaded and non - homesteaded property, modifying current aviation fuel taxes in a manner that
would negatively impact counties or the state's ability to provide resources in support of aviation
transportation - related operation, reduce state park admissions fees, and reducing or eliminating
concurrency and impact fees.
REQUESTED ACTIONS:
V SUPPORT $20M appropriation for water quality projects in the Florida Keys.
SUPPORT $5M appropriation for land acquisition in the Florida Keys through Florida Forever set -aside
t SUPPORT $500,000 appropriation for pump -out services in the Florida Keys.
t SUPPORT funding to DEP for Overseas Heritage Trail Pedestrian Bridges Study and Repairs.
SUPPORT funding to DEP for Overseas Heritage Trail to expedite Sugarloaf section of Trail.
REQUESTED ACTIONS:
SUPPORT the continued designation of the Florida Keys as an Area of Critical State Concern.
OPPOSE legislation that prevents counties from having local environmental protection programs that are
stricter in nature than state or federal regulatory programs.
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 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 changes to the definition which have the effect of transferring large quantities of wetlands
and uplands from state ownership to private ownership.
Monroe County Board of County Commr ssioners State Legislative Priorities 2017
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 county home rule authority, and current statutory provisions, which allow counties to retain
their current transportation concurrency systems, and impact fees, as adopted by local ordinance.
OPPOSE legislation that preempts local government's ability to establish and maintain local ordinances
which regulate billboards.
REQUESTED ACTIONS:
V SUPPORT full appropriation of Sadowski Housing Trust Fund monies for affordable housing.
SUPPORT the Florida Keys set -aside in the State's competitive Low Income Housing Tax Credit program.
SUPPORT legislation that creates a dedicated state funding source for homelessness programs and
services.
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.
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.
REQUESTED ACTIONS:
SUPPORT increasing state general revenue funding for County Health Departments (CHDs), 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, and 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, any state reductions to the County Health Department Trust Funds;
and any efforts, legislative or otherwise, to limit or eliminate the provision of primary care services in
CHDs.
V SUPPORT increased funding for core mental health and substance abuse services. SUPPORT efforts to
increase supportive housing, employment and education initiatives for people with behavioral health
issues and /or disabilities. SUPPORT diverting, medically assisting, or treating mentally ill persons outside of
the criminal justice system through alternative community programs.
SUPPORT establishing a cap on growth in the individual county Medicaid costs to address cost shifts; and
continued evaluation of the County -State Medicaid cost -share arrangement.
SUPPORT state legislation drawing down federal funds made available to Florida under the PPACA to
expand health care coverage to certain individuals who earn up to 138 percent of the federal poverty
level, provided that such a program does not further shift Medicaid costs to counties.
OPPOSE legislation that limits the ability of county EMS providers to be reimbursed for out of network
transports.
SUPPORT maintaining a countywide regulatory system for EMS through the current Certificate of Public
Convenience and Necessity (COPCN) process.
SUPPORT efforts to increase supportive housing, employment and education initiatives for people with
behavioral health issues and /or disabilities.
SUPPORT appropriate funding for children in early learning and school age care to ensure children's access
to educational, enrichment and readiness programs; and continuation of funding for the Florida Healthy
Start and 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.
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.
REQUESTED ACTIONS:
SUPPORT full funding of State Aid to Libraries based on the current statutory formula that provides
counties 25 cents for every local dollar spent.
SUPPORT measures that ensure decisions and policies regarding county libraries are made at the local
level.
REQUESTED ACTIONS:
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 increasing the cost cap (from $400,000 to $750,000) for counties to self - perform road
improvement projects using the Constitutional Gas Tax proceeds.
SUPPORT legislation that would index local option fuel taxes to annual adjustments of the CPI.
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.
REQUESTED ACTIONS:
Monroe County Board of County Commr ssioners State Legislative Priorities 2017
SUPPORT legislation establishing a program that allocates state funds to hire Veterans Services Officers in
counties in order to increase services and federal benefits for Florida veterans.
REQUESTED ACTIONS:
OPPOSE sentencing of state inmates to county jails, but support counties' ability to contract with the
Department of Corrections for housing state inmates.
SUPPORT legislation that reduces jail expenses by setting a reimbursement amount paid by counties to
medical providers for health care services for inmates and arrestees at no higher than the established
Medicare rate plus 10 %, the same rate as currently charged to the Department of Corrections, unless
there is an existing contract in place or a business practice providing a lower rate.
SUPPORT continued efforts to obtain Medicaid eligibility for persons incarcerated in county jails while
waiting disposition of their cases and to ensure that existing Medicaid benefits are not terminated during
incarceration.
SUPPORT initiatives which reduce juvenile detention through prevention, treatment, and rehabilitation
services.
SUPPORT the Legislature appropriating state funds to the Department of Juvenile Justice to upgrade,
renovate, or reconstruct detention centers across Florida that are in a state of disrepair and state
investments in juvenile facilities to improve the conditions of secure confinement for detained youth
without such costs being shifted to the counties.
REQUESTED ACTIONS:
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 state funding for county Emergency Operations Centers to ensure each is able to meet the
minimum structural survivability and operational space 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.
SUPPORT maintaining the original intent and purpose of the Emergency Management Preparation And
Assistance 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, and opposing legislative sweeps of these trust fund monies.
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 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.
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 creation of an emergency bridge loan
program for counties to provide a source of expedient cash flow to counties impacted by a major
catastrophe.
REQUESTED ACTIONS:
SUPPORT the 2017 legislative initiatives of the SE Florida Regional Climate Compact's State Energy and
Climate Legislative Program.
SUPPORT incentives for local governments to assist in furthering state energy policies such as green
building and carbon emissions reductions, and the technical assistance to implement these programs and
legislation that provides appropriate resources and incentives to local governments to achieve any
statewide recycling goals.
SUPPORT state legislation that encourages vulnerability assessments, coordinates resources and supports
the efforts of local governments to mitigate and adapt to sea level rise, increasing storm severity and other
climate changes, 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 water supply, flood
protection, public health and safety, and economic growth and prosperity.
SUPPORT state funding of Solid Waste Management Grants.
REQUESTED ACTIONS:
SUPPORT amending statutory language to clarify that in addition to energy retrofits and wind mitigation,
that flood mitigation is also an allowable use.
REQUESTED ACTIONS:
OPPOSE any benefit changes that result in an increase in the FRS county and county employee
contribution rates.
SUPPORT requiring all legislation that potentially results in an increase in the FRS contribution rate or the
closing of the traditional pension plan to new employees to be analyzed and evaluated to determine the
direct fiscal impact of proposed changes to all local and state government to be eligible for consideration.
Monroe County Board of County Commissioners State Legislative Priorities 2017
Mayor George Neugent, District 2
BOCC2 @monroecounty- fl.gov 305 - 292 -4512
Mayor Pro Tern David Rice, District 4
BOCC4 @monroecounty- fl.gov 305 - 289 -6000
Danny Kolhage, District 1
BOCC1 @monroecounty- fl.gov 305 - 292 -3440
Heather Carruthers, District 3
BOCC3 @monroecounty- fl.gov 305 - 292 -3430
Sylvia Murphy, District 5
BOCC5 @monrocounty- fl.gov 305 - 453 -8787
Roman Gastesi
Gostesi-romon@monroecounty-fl.gov
Office: 305 - 292 -4441
Cell: 305 - 394 -1332
Lisa Tennyson
Tennyson-liso@monroecounty-fl.gov
Office: 305 - 292 -4444
Cell: 305 - 509 -1709
Robert Reyes, Capitol Group, Tallahassee, Fl 850 - 425 -4050
John Wayne Smith, Peebles Smith, Tallahassee, Fl 850 - 681 -7383
Frank Bernardino, Anfield Consulting, Tallahassee, Fl 866 - 960 -5939