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Item R15 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 22.2005 Division: County Administrator Bulk Item: Yes No --1L- Department: County Administrator Staff Contact Person: AGENDA ITEM WORDING: Discussion of Monroe County's legislative agenda for the 2006 Session and direction for Lobbyist Bill Pfeiffer, Esq. ITEM BACKGROUND: PREVIOUS RELEVANT BOCe ACTION: CONTRACT/AGREEMENT CHANGES: ST AFF RECOMMENDATIONS: TOT AL COST: -0- BUDGETED: Yes NoX COST TO COUNTY: -0- SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH_ Year APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management ~m DIVISION DIRECTOR APPROVAL: g flu.tnuM J. Wi1.f.i (TYPE NAME HERE) DOCUMENTATION: Included Not Required_ DISPOSITION: AGENDA ITEM # Revised 2/05 TPC GOVERNMENTAL CONSULTING WILLIAM R. PFEIFFER, ESQ. PRE~IDENT P.O, Box IOS28 n.U,..UfASSBE, FU)[Im \ .12.102 Tel: f'iSO-2 12-S94 I WEn: TPCGG.cOA! E-Mail: bill@TPCGC.C(h\! Memorandum e To: BOCC and To . . i From: Bill PfeifferW Date: 9-25-05 Subject: 2006 Initial Legislative Information 2005 LEGISLATIVE INTERIM COMMITTEE MTG SCHEDULE October 2005 - November 2005 - December 2005 - Week of the 10-17-05 Week of the 11-7-05 Week ofthe 12-5-05 2006 SESSION DATES August 1, 2005 January 27,20065:00 p.m. Deadline for filing claim bills (Rule 4.81) Deadline for filing requests for drafts of general bills, including requests for companion bills March 3, 2006 5:00 p.m. March 7, 2006 Deadline for submitting final drafts Regular Session convenes March 7, 2006 12:00 noon Deadline for filing bills for introduction April 25, 2006 50th day May 1, 2006 Last day for regularly scheduled committee meetings (Rule 2.9) All bills are immediately certified (Rule 6.8) Conference Committee Reports require only one reading (Rule 4.5) May 5,2006 60th day Last day of Regular Session (Article III, section 3(d), Constitution) f2- .\ ~ SenateCommitreeProjects wi POIeiitiat1mpact on Monroe County I. Banking and Insurance Committee A. INTERIM MONITOR PROJECT: Citizens Property Insurance Corporation and the Task Force on Long-Term Solutions for Florida's Hurricane Insurance Market DATE DUE: N/ A PROJECT NUMBER: 2006-307 BACKGROUND and DESCRIPTION: Citizens Property Insurance Corporation ("Citizens"), the state-created insurer of last resort for windstorm coverage and residential property insurance coverage, has over 825,000 policies in force, with over $200 billion in insured value, as of April 30, 2005, making it the second largest homeowners insurer in the state. Policy growth in Citizens is a reflection of the inability or unwillingness of insurers in the private (or "voluntary") market to provide adequate insurance capacity in the state. The 2004 hurricanes resulted in a deficit to Citizens of about $516 million, which is expected to result in an assessment equal to about a 7 percent premium surcharge on all property insurance policyholders in the state. Citizens' problems in securing sufficient numbers of adjusters caused delays in settling its 118,000 hurricane claims and resulted in about 4,000 complaints to the Department of Financial Services, nearly double the number filed against the largest carrier in the state. In the 2004 Session, the Legislature enacted significant property insurance reforms, including changes to the board of governors of Citizens (CS/SB 1486). Currently, a 7-member board is appointed by the Chief Financial Officer (CFO); but, effective August 1,2005, the Governor, CFO, President of the Senate, and Speaker of the House will each appoint 2 members of a new 8-member board. The legislation also requires the Auditor General to conduct an operational audit of Citizens by February 1, 2006, including an analysis of its infrastructure, customer service, claims handling, take-out bonus programs, and fmancing arrangements, among other issues. The act also requires the board of Citizens to submit a report to the Legislature by February 1,2006, regarding its policy growth, depopulation efforts, and actions to improve the availability of coverage in the voluntary market. The 2004 act also creates the Task Force on Long-Term Solutions for Florida's Hurricane Insurance Market, to make recommendations relating to the creation and maintenance of insurance capacity in the private sector and public sector which is sufficient to ensure that all property owners in this state are able to obtain appropriate insurance coverage for hurricane losses. The Task Force is required to research particular issues related to this purpose, including issues specific to the operation and role of Citizens, witha-fmal report due April 1, 2006. PROJECT OBJECTIVE(S): To monitor and review: 1) the operational audit of Citizens by the Auditor General, 2) the report and recommendations of the board of governors of Citizens, and 3) the Task Force for Long-Term Solutions for Florida's Hurricane Insurance Market. METHODOWGY: Staff attended meetings of the Task Force and board meetings of Citizens, and reviewed and analyzed the operational audit of Citizens by the Auditor General, the report and recommendations of the board of governors of Citizens, and the report and recommendations of the Task Force. Reports will be presented to the committee during the interim as the work of each of these groups' progresses. II. Community Affairs Committee A. INTERIM PROJECT: Land Use Board of Appeals DATE DUE: September 1, 2005 PROJECT NUMBER: 2006-107 BACKGROUND and DESCRIPTION: In an effort to provide a more streamlined process for the review of land use decisions, several states have opted to create a land use board of appeals. In general, the purposes of instituting a land use board of appeals include the provision of a timely review of land use decisions, to provide more cost effective review, and to achieve consistency in land use decisions. The Local Government Comprehensive Planning and Land Development Regulation Act of 1985, ss. 163.3161-163.3246, F.S., establishes a growth management system in Florida which requires each local government (or combination of local governments) to adopt a comprehensive land use plan. A local government's comprehensive plan and any amendments thereto, must be consistent with the state comprehensive plan. All land development regulations and development orders must be consistent with the local government's comprehensive plan. Florida law currently provides for administrative and judicial review of land use decisions based on the type of decision at issue. Under s. 163.3184, F .S., an "affected person" can challenge the decision of the Department of Community Affairs that a comprehensive plan or an amendment to the plan is, or is not, in compliance with the chapter 163, F.S. In order to challenge the department's decision, the affected person may file a petition with the department for a hearing before an administrative law judge of the Division of Administrative Hearings. For purposes of maintaining such action, the term "affected person" means the local government adopting the plan or an amendment, an adjoining local government that can demonstrate substantial impacts, and persons that own property, reside, or own or operate a business with the local government's jurisdiction that adopted the plan or amendment. If a future land use map amendment is involved, owners of real property abutting the subject real property can challenge the department's decision. If a plan or plan wmanlHlent is found not in compliance, the recommend0d ord0r is subject to final agency action by the Administration Commission (Governor and Cabinet). With regard to land development regulations, s. 163.3213, F.S., defines the term "land development regulation" as an ordinance enacted by a local governing body for the regulation of any aspect of land development. This term includes a general zoning code, but does not include a zoning map or any action that results in zoning or rezoning of land. The section authorizes a substantially affected person within 12 months after final adoption of a land development regulation to petition the Department of Community Affairs for review after notifying the local government. If the department determines that the regulation is consistent with the local comprehensive plan, the substantially affected person may request a hearing from the Division of Administrative Hearings. Section 163.3215(3), F.S., allows an aggrieved or adversely affected party to maintain a de novo action challenging the consistency of a development order with an adopted local comprehensive plan. An aggrieved or adversely affected party may challenge any action on a development order by a local government which "materially alters the use or density or intensity of use on a particular piece of property that is not consistent with the comprehensive plan..." If a local government adopts the standards established in s. 163.3215(4), F.S., which provide for a quasi-judicial hearing before a special master, an aggrieved or adversely affected party may only challenge the decision of a local government granting or denying a development order by writ of certiorari. The local government determines what types of development orders are subject to the special master process. For review of a development order in any area of critical state concern or relating to any development of regional impact, s. 380.07, F.S., allows the owner, the developer, or the Department of Community Affairs to petition the Florida Land and Water Adjudicatory Commission (Governor and Cabinet). During the 2004-2005 Legislative Interim, the Senate Comprehensive Planning Committee staff conducted an interim study on land use decisions in Florida, and the possibility of developing a specialized land use board of appeals. The creation of a land use board of appeals requires a determination as to the length of appointments, qualifications of appointees, applicable standard of review, and the type of decisions to be reviewed by the board. However, no action was taken on this issue during the 2005 Legislative Session. PROJECT OBJECTIVE(S): The objective of the project was to evaluate the effectiveness of creating a land use board of appeals to review certain land use decisions. The project objectives included proposing a model for the composition of the board, including qualifications and the appointment process for board members and the scope of the board's jurisdiction. METHODOLOGY: Committee staff worked with interested parties to determine whether a land use board of appeals should be created and developed proposed legislation. B. INTERIM PROJECT: Growth Management Glit~b Bill DATE DUE: September 1, 2005 PROJECT NUMBER: 2006-108 BACKGROUND and DESCRIPTION: With more than 1,000 new residents moving to Florida daily, the state's population is projected to grow by over 5 million in the next 17 years. To address the critical infrastructure and planning needed to accommodate this new growth as it relates to roads, schools and water, the 2005 Legislature enacted (CS/CS/CS for SB 360). The bill creates and amends numerous provisions relating to school, water and transportation concurrency, the development of regional impact program and other significant portions of the local government comprehensive planning process. The bill also provides $1.5 billion in fiscal year 2005-2006 for infrastructure funding for transportation, water and schools, with recurring funding of $750 million annually thereafter. Unfortunately, because of the timing and magnitude of these growth management legislative changes several technical errors have been identified. PROJECT OBJECTIVE(S): The objective of the project was to review and assess the legislation and to identify and specify any issues that may need to be addressed in the 2006 legislative seSSIOn. METHODOLOGY: Committee staff consulted with interested parties and the Departments of Community Affairs, Transportation, and Environmental Protection to determine what changes need to be implemented. III. Environmental Preservation Committee A. INTERIM PROJECT: Land Acquisition - Florida Forever Mid-Term Review DATE DUE: October 1,2005 PROJECT NUMBER: 2006-120 BACKGROUND and DESCRIPTION: Section 259.105, F.S., created in 1999, provides for the Florida Forever program. This program, the successor to Preservation 2000, is a 10-year, $300 million per year, land acquisition effort, and has reached the half-way point. The cornerstone of the Florida Forever program is the annual Conservation and Recreational Lands priority acquisition list. Over the past few years the Governor and Cabinet have directed that the list be modified to better reflect the state's priorities in acquiring conservation lands. PROJECT OBJECTIVE(S): - - The project will review the progress made under the Florida Forever program, evaluate its effectiveness m meetmg statutory goals and objectives, and review the evolution of the acquisition list during the past several years. Additional objectives include a review of the state's land surplusing process with an emphasis on the sale of surplus lands to local governments. MEmODOLOGY: Staff of the committee will review and analyze activities related to the development of the Florida Forever acquisition list and the changing priorities established by the Governor and Cabinet. In addition, staff will review the acquisition history under Florida Forever to determine the classifications of lands being purchased with the goal of assisting the Department of Environmental Protection in moving forward with an inventory of state-owned lands. As part of the project, staff will develop a survey to be submitted to all of the state's land acquisition agencies to determine the acreage, categories and purchase price of lands purchased at the mid-point; the purposes for which the acquired lands are being used, the nwnber of local government surplusing requests received and processed, and how much land each agency has identified as available to be surplused. B. INTERIM PROJECT: Review of Solid Waste Management Act DATE DUE: September 1,2005 PROJECT NUMBER: 2006-121 BACKGROUND and DESCRIPTION: In 1988, the Legislature enacted the Solid Waste Management Act. This comprehensive act mandated waste minimization, conservation of landfill space, litter control, and recycling. In 1992, the Senate Natural Resources Committee conducted an interim project study to review the 1988 act and recommended comprehensive changes. The act was substantially rewritten in 1993. Since that time, there have been several amendments to the statutory provisions relating to solid waste management; however, these amendments have been piecemeal and the issues were not addressed in a comprehensive manner. The act needs to be updated to remove obsolete provisions and address concerns that have arisen in the past few years regarding recycling and disposal of vegetative and construction and demolition debris. PROJECT OBJECTIVE(S): The project will review the act's provisions to remove the obsolete and outdated provisions and determine if legislative changes are needed to address current recycling concerns and disposal of certain debris in a manner other than placing such materials in a landfill. The problem was exacerbated last year when Florida was hit by four major hurricanes and counties became overwhelmed by the amount of debris and materials that required disposal. MEmODOLOGY: Staff will review past interim project reports on the various aspects of the Solid Waste Management Act, and will work with staff of the Department of Environmental Pwtcction, local solid waste management officials, the League ()f Cities, the ~A.:sseeiation of Counties, recyclers, waste haulers, the environmental community, and other interested persons to identify the obsolete provisions and develop any needed legislation. C. INTERIM MONITOR PROJECT: Infrastructure Planning and Funding for Water Supplies, Protection, and Sustainability DATE DUE: N/A PROJECT NUMBER: 2006-349 BACKGROUND and DESCRIPTION: The 2005 Legislature passed CS/CS/CS/SB 444 (SB 444) which made numerous changes to laws governing statewide water supply and restoration programs. In addition, the Legislature passed CS/CS/CS/SB 360 which provides $100 million in recurring and $100 million in non-recurring funds for the programs created or amended in SB 444. The water programs are currently administered by the Department of Environmental Protection, the Department of Agriculture and Consumer Services, and the state's five water management districts. SB 444 creates the Water Protection and Sustainability Program to provide funding for a new alternative water supply program and to also fund existing state water programs. These programs include surface water improvement and management, total maximum daily loads, and the disadvantaged small community wastewater grant program. In addition, SB 444 makes substantial changes to guide the development of alternative water supplies and establishes a goal for the water management districts to match state funds 100 percent. The bill allocates state funds to the water management districts on a percentage basis. PROJECT OBJECTIVE(S): The objective of the project will be to monitor the implementation of the new alternative water supply program and changes to the existing program required by the legislation and to ensure the timely allocation of the $200 million in state resources provided in the 2005-06 fiscal year for the various water programs. METHODOLOGY: Staff of the committee along with staff of the General Government Appropriations committee will monitor agency and water management districts on the allocation of funds provided in FY 2005-2006 for the various water programs. A quarterly progress report will be initiated by the Department of Environmental Protection and the Department of Agriculture and Consumer Services for the review of program criteria, specific projects to be funded, match requirements, and federal funds maximization. An OctoberlNovember progress report from the water management districts will be requested to coincide with their annual budget submission to the Governor.