Item N4BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 21, 2014 Division: County Administrator
Bulk Item: Yes No X Staff Contact Person/Phone #: Lisa Tennyson x4444
AGENDA ITEM WORDING: Report by Monroe County's State Representive Holly Raschein &
county's state lobbyists on the outcomes from the Florida 2014 legislative session.
ITEM BACKGROUND:
• The 2014 state legislative session ended on May 1, 2014.
• In the Florida legislature Monroe County is represented by Representative Holly Raschein and
Senator Dwight Bullard.
• Monroe County is also represented by state lobbyists Robert Reyes (with Floridian Partners), John
Wayne Smith and Bill Peebles (with William Peebles, PA), and Dean Cannon (with Capitol Insight).
• Monroe County is also a member of the Florida Association of Counties, and the Small County
Coalition, which advocate for county interests in the state legislature.
PREVIOUS RELEVANT BOCC ACTION:
• Approval of Monroe County State and Federal Legislative Agenda in September 2013 (with changes
approved in November 2013, January 2014, and February 2014.)
• Approval of lobbying services contract with Floridian Partners in July 2013.
• Approval of lobbying services contract with William Peebles, PA and Capitol Insight, LLC in
September 2013.
CONTRACT/AGREEMENT CHANGES: NA
STAFF RECOMMENDATIONS: NA
TOTAL COST:
COST TO COUNTY:
NA INDIRECT COST: BUDGETED: Yes No
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BY: County Atty _ OMB/Purchasing Risk Management
DOCUMENTATION: Included XX Not Required
DISPOSITION: AGENDA ITEM #
Revised 1/09
MEMORANDUM
DIVISION OF COUNTY ADMINISTRATOR, LEGISLATIVE AFFAIRS
To: Board of County Commissioners
Thru: Roman Gastesi, County Administratorry";,`
From: Lisa Tennyson, Legislative Affairs Director
Re: 2014 Florida Legislative Post -Session Wrap Up
Date: May 8, 2014
The 2014 State Legislative Session ended officially on May 1, 2014. We are now in a pre -veto period, in which
most bills, including importantly the State Budget bill (HB 5001, the General Appropriations Act), have or will
shortly be passed to the Governor, for his signature or veto.
Here is a brief final report on the major state legislative priorities and issues for Monroe County:
MONROE COUNTY LEGISLATIVE PRIORITIES:
WASTEWATER FUNDING Mayfield Year 2:
• County Position: Support for year two of four year appropriation program for 50M in state funding to
finance the construction costs of mandated wastewater improvements in the Florida Keys.
o Outcome: $50M for wastewater projects in the Florida Keys, in addition to $4.7M for debt service, is
included in the (pre -veto) General Appropriations bill.
2. LAND ACQUISTION
• County position: Support amending proviso language for Florida Forever Funding, to ensure inclusion of
Florida Keys in eligible areas for land purchase.
o Outcome: We were NOT able to change the proviso language. However, we were able to secure high
level meetings with DEP whose staff informed us that proviso language change is not required, and that
the Florida Keys is not excluded by the language.
• County position: Support inclusion of Monroe County's FF projects in next year's DEP FF Work Plan.
o Outcome: Yet to be determined. We secured high level meetings with each of the Cabinet members,
DEP and Governor's Office to advocate for these projects.
• County position: Support Monroe County's land acquisition efforts thru military buffer land program by
moving NASKW projects up the priority list.
o Outcome: Yet to be determined. We secured meetings with DEO/Florida Defense Taskforce to
advocate for these projects.
AFFORDABLE WIND and FLOOD INSURANCE
• County position: Oppose legislation that increases premiums or limits availability of coverage.
o Outcome: There was no legislation introduced that proposed increases. Another bill that would've
allowed for shift of homeowner policies away from Citizens into largely unregulated surplus lines
carriers was DEFEATED.
• County position: Support exemption for owners of developed properties in CBRS from being ineligible for
Citizens wind insurance coverage.
o Outcome: Legislation was PASSED that maintains coverage for CBRS properties for one year, while
Citizens and OIR staff develop a policy approach for these properties.
1IPage
County position: Monitor state legislative efforts that address flood insurance rate increases related to the
National Flood Insurance Program.
o Outcome: Legislation was PASSED that is designed to attract private sector flood insurance providers
to the State. There is no telling at this time whether the providers will come and whether or not their
rates will be affordable.
4. COUNTY REVENUE SOURCES:
County position: Oppose any legislation that eliminates, reduces or restricts uses of County revenue
sources including the Communications Services Tax and the Local Business Tax.
o Outcome:
■ Proposed legislation to reduce the CST was removed from final tax package.
■ No legislation related to the Local Business Tax was introduced.
■ The tax swap on the sale of electricity (PECO funding plan) originally has a negative fiscal
impact for local governments but FAC and Fl League of Cities secured amended language that
provides adjustments to county and city revenue sharing formulas to offset the fiscal impact. The
final PECO concept will not impact local government revenues.
■ Legislation to reduce Commercial Lease tax did not move.
5. VACATION RENTAL REGULATION
• County Position: Support repeal of pre-emption of local governments to regulate vacation rentals to enable
enforcement of noise, parking, garbage and other quality of life impacts.
o Outcome: Legislation was approved that permits some, limited regulation of vacation rentals. However,
the legislation creates a catch-22 situation for us. It gives us back the authority to regulate vacation
rentals but if we do, we will have to abide the bill's prohibition against limiting rental stays to anything
over 7 days, and lose the benefit in our grandfathered ordinance that permits us to limit vacation rental
stays to a minimum of 28 days.
STATE FUNDING FOR COUNTY INFRASTRUCTURE and SERVICES
• County position: Support continued/increased state funding for local infrastructure and service needs:
roads/bridges, water quality, affordable housing, elderly and social services, health department and
homelessness
o Outcome: Most areas see an increase in funding, though there are some decreases.
■ Health & Human Services:
o Community Mental Health: $311M , a $17M decrease from last year;
o Community Substance Abuse Services: $142M , a $15M increase over last year,
o County Health Depts: $143M, a $10M increase over last year.
■ Transportation:
o $26.2M for the Small County Road Assistance Program, a decrease of .5M from last
year
o $82M for the Small County Outreach Program, increased of $36M from last year.
o $48M for the County Transportation Program, decrease of $27M from last year.
■ Libraries: $30M, a $3.4M increase.
■ Affordable Housing: $96M for SHIP (State Housing Improvement Partnership) and $67M for
SAIL (State Apartment Incentive Loan program); that's 67% funding for SHIP and full funding for
SAIL.
■ Homelessness: A bill enabling use of Discretionary Sales for homeless services was defeated.
Another bill authorizing DCF to administer Challenge grants to support local homeless coalitions
passed, and was contingent on an appropriation. $4M was appropriated for Challenge Grants.
■ Public Safety:
o Shared County/State Juvenile Detention: Counties contribution to juvenile detention
estimated at $57.8M, reduction of $13M
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o County Article V requirements: Provides a one year exemption for FY14-15 from s.
29.008, F.S., which requires counties to spend 1.5% more per year on an annual basis for
county funded court system obligations. This exemption represents almost a $7 million
savings to counties.
MONROE COUNTY LEGISLATIVE ISSUES/CONCERNS:
• Growth Management Regulation: All of the damaging GM and environmental bills were defeated.
• Permit Extensions: A renewed 2-year extension PASSED.
• Exemption for Transportation Concurrency Fees for Commercial Development <6,000 sq ft: Did NOT pass.
• Bert Harris/Flood Insurance: Amendment protecting counties who participate in the NFIP and who adopt
implementing regulations that limit development from property owner claims under the Bert Harris Act did
NOT pass.
• Juvenile Detention Costs: Legislation creating 50-50 cost share with state did NOT pass. The House and
Senate moved to the Governor's proposal (57-43 cost share) during budget conference. As such, the current
billing system remains, and DJJ will promulgate new rules.
• Derelict Vessels: PASSED, on way to Governor. We supported this.
• Citizens CBRS: PASSED, on way to Governor. We supported this.
• Citizens Mitigation Form: Being handled administratively; this is favorable to us.
• Crisis Stabilization Units: PASSED (with favorable language), on way to Governor. We support the
favorable language.
• Film Tax Credit: Did NOT pass.
• FRS: Proposed changes to the defined benefit plan (increased vesting period and closing it to new elected
and senior management) did NOT pass.
MISCELLANEOUS BUDGET AND LEGISLATIVE HIGHLIGHTS:
• State Budget for FY 14-15 (HB 5001): As of the writing of this memo, the Budget not yet been presented to
the Governor. Its stands at $77.1B, the highest budget in the State's history:
o Total Budget:
$77.1B (up $2.5B from last year)
o Gen Rev:
$27.9B
o Trust Funds:
$22.8B
o Federal Funds:
$26.4B (up $3B from last year)
o Total Reserves: $ 3.1B
o FTEs: 114,445 (net reduction from last year of 41)
• Funding for Florida Forever: $57M total:
o $1 OM from Gen Rev
o $7.5M from Land Acquisition Trust Fund ($5M for Rural lands)
o $40M from sale of surplus non -conservation lands
• Funding for Everglades Restoration: Everglades priority projects received over $259M:
o Lake Okeechobee cleanup $19 M
o Water quality restoration $32 M
o C-44 $40 M
o C-111 $5 M
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o C-43
$18 M
o Tamiami Trail bridge
$90 M
o Picayune Strand
$2 M
o Kissimmee River
$5 M
o Lake Worth Lagoon
$2.075 M
o Northern Everglades BMPs
$3 M
o Indian River Lagoon (IRL) dredging $10 M
o IRL resource recovery pilot
$1 M
o Water quality monitoring
$4 M
o Alligator Alley tolls to SFWMD
$8.6 M
o SFWMD support
$2.7 M
o Dispersed water storage
$13 M
o Loxahatchee/St. Lucie Initiative
$4.153 M
o PLUS:$90M 3-year match for federal funds for Tamiami Trail bridging from FDOT
• Springs Legislation: The springs bill fails, but springs rec'd $10M in funding.
• Medicaid Expansion: Not addressed.
• Tax Cuts: A total $500M; $400M of the $500M reduction in auto registration fees.
• Gun Regulation: A bill that would've permitted the carrying of a concealed weapon without a permit during a
state of emergency was defeated (a rare defeat for the NRA.)
• Bills Passed: This Legislature passed 264 bills, the fewest since at least 2001. They also filed the
fewest bills since at least 2001.
Bills Filed, Passed, and Vetoed
2001-2014
2, 691
2,553 4483 2,482 2,545 2,5G4
2 504 2.4� 2,478
2,251
2,00-
1, 500
1,Ooo
500
403
412
-
362
—
--�
—i�
t
345 313
2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014
0Bills Filed 2,251 2,428 2,553 2,691 2,483 2,482 2,545 2,504 2,371 2,478 2,186 2,052 1,848 1,812
■Oil is Passed 362 403 412 497 393 386 345 313 271 301 295 292 286 264
■Bil is Vetoed 13 15 22 22 37 14 18 10 9 18 10 12 11 0
2,371
2,186
2,052
1,848 L812
301
295
292
296 264
u
. Last Updated May 5, 2014. The Governo r has not yet vetoed a ny 2014 hills
(The Florida Current, May 5, 2014)
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About Monroe County...
:�IIGUY91DIM M F.111NVA911R1NRrev 0
• Monroe County's coast line extends from the Everglades to the Dry
Tortugas, and encompasses the Florida Keys National Marine
Sanctuary, 3 National Parks (Everglades, Dry Tortugas and
Biscayne), 5 State Parks, 4 National Wildlife Refuges, and 3 State
Aquatic Preserves.
• Monroe County is also designated by the State of Florida as an
Area of Critical State Concern.
• The Florida Keys marine environment supports Monroe County's
number one industry: tourism. Each year, $1.2 billion is spent by
over 3 million visitors. (FKNMSRevised Management Plan, 2007)
• These economic numbers continue to grow. More recently, in 2011,
there were 4 million visitors to Monroe County and $2.2
billion directly spent on tourism. (Monroe County Tourist
Development Council, 2011)
• More comprehensively, Monroe County's and SE Florida's unique
reef environment generates more than 70,000 jobs and $6
billion dollars in economic activity annually. (Bulletin of
Marine Science, 2oo5, Rosenstiel School of the University of
Miami.)
• Monroe County's and marine ecosystem supports over 6,000
species offish, invertebrates _
and plants, and critical
spawning habitats to over 520
species of recreational and
commercial migratory, endemic,
coastal & pelagic finfish and shellfish,
providing unparalleled support to
fisheries and essential habitats
throughout Florida and the Gulf.
(NOAA's Florida Keys National
Marine Sanctuary Revised
Management Plan, 2007.)
• Monroe County's nearshore
waters alone provide habitat for
8o percent of the fish species in
the U.S. and most commercially
valuable fish species depend on Monroe County nearshore waters
at some point during their development. (USArmy Corps'
Florida Keys Water Quality Improvement Program Management
Plan, 20o6.)
• With the highest number of recognized International Game Fish
Association (IGFA) all tackle, saltwater line class, and saltwater
flyrod "World Record Game Fish" records, Monroe County is the
global center of recreational and sport fishing.
• Monroe County is the only port in the entire state of Florida to
rank among the nation's top 50 ports in landings tonnage or
landings value. In fact, with $56M in landings value, it is the 13th
most valuable port the nation and the 5th most valuable
port in the Gulf of Mexico. (NOAA's Fisheries of the United
States, August 2012.)
• Monroe County is home to Naval Air Station Key West, the
U.S. Navy's premiere training facility, and hosts 6o,000 training
operations a year.
• Monroe County's population is 73,56o (EDR, Feb 2014);
however, the County's functional population is twice that at
157,o63 (combined residents and visitors on any given day.)
• Monroe County generates $165M in sales tax annually; and
receives back as its shared revenue $1oM.
Senate District 39:
Sen. Dwight Bullard
House District 120:
Rep. Holly Raschein
MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Mayor Sylvia Murphy, District 5
BOCC5@monrocounty-fl.gov
Mayor Pro Tern Danny Kolhage, District 1
BOCC1@monroecounty-fl.gov
George Neugent, District 2
BOCC2@)monroecounty-fl.gov
Heather Carruthers, District 3
BOCC3@)monroecounty-fl.gov
David Rice, District 4
BOCC4@monroecounty-fl.gov
County Administrator
Roman Gastesi
Gastesi-roman@)monroecounty-fl.gov
Office: 305-292-4441
Cell 305-394-1332
Director of Legislative Affairs
Lisa Tennyson
Tennyson-lisa@monroecounty-fl.gov
Office: 305-292-4444
1100 Simonton Street, Suite 2-205
Key West, FL 33040
Monroe County
Board of County Commissioners
STATE
LEGISLATIVE PRIORITIES
2014
PRIORITIES:
t) WASTEWATER INFRASTRUCTURE TO
PRESERVE WATER QUALITY IN THE
FLORIDA KEYS
2) CONSERVATION LAND ACQUISITION
TO PROTECT THE ENVIRONMENT OF
THE FL KEYS
3) AFFORDABLE WIND INSURANCE AND
FLOOD INSURANCE TO PROTECT
ECONOMY OF FL KEYS
4) PROTECT COUNTY REVENUES TO
PROTECT LOCAL TAXPAYERS AND
LOCAL ECONOMY
5) REPEAL LOCAL GOVERNMENT PRE-
EMPTION ON VACATION RENTAL
REGULATION TO PROTECT
COMMUNITIES
6) STATE FUNDING FOR COUNTY
INFRASTRUCTURE AND SERVICE
NEEDS
1. WASTEWATER INFRASTRUCTURE to
preserve water quality in the Florida Keys
SUPPORT year two of four year appropriation pro-
gram 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.
WATER QUALITY
The degradation of water quality threatens the
unique, fragile and complex marine ecosystem of
the Florida Keys. This ecosystem is the lifeblood of
the State and local commercial fisheries and a
marine -based tourism economy unrivaled in the
State of Florida.
The State recognized the importance of wated
quality to this ecosystem with the and in
"Outstanding Florida Wa-
ters" (OFW) in 1985. In 19go,
Congress created the National
Marine Ecosystem and di-
rected the US EPA and the
State to develop a Water Qual-
ity Protection Program to re-
store water quality.
The implementation of Advanced Wastewater
Treatment in the Florida Keys is pursuant to the
Water Quality Protection Program, and OFW reg-
ulations.
This program ensures water quality to safe-
=> the world's third largest bar-
rier reef, and the only living
coral reef system in the conti-
nental U.S.,;
the largest sea grass meadow
in the hemisphere,; and
=> more than 6,000 species of marine life.
.. and protects the foundation of a marine -based
2. CONSERVATION LAND ACQUISITION to
protect the environment and property rights in
the Florida Keys
A. SUPPORT amending current F,.-
eligibility requirements for Florida Forever
funding to include conservation land in 196
Areas of Critical State Concern (in statute
and budget proviso language.)
&SUPPORT inclusion of three
Monroe County Florida Forever
projects in DEP's FY15/16 Florida
Forever Work Plan (a total of 3,500
privately -owned, vacant parcels). The
County has pledged $2M in match
funding (if statutorily required.)
C. SUPPORT Monroe County s land
acquisition efforts through the
military buffer land program by
moving NASKW Military Installation
Area's base protection projects from
Tier 3 to Tier 1 on DEO/Fl Defense
Task Force priority list.
D. SUPPORT continued and
additional Florida Forever funding
and OPPOSE any legislation that
limits/restricts public purchase of conservation land.
AREA OF CRITICAL STATE CONCERN
The State of Florida designated the
Florida Keys as an Area of Criti-
cal State Concern, in recognition
of its significant environmental and
natural resources. 1:2
This designation and state hurricane evacuation
rules protect the natural resources and keep residents
and visitors safe — but they also combine to severely
restrict development potential by limiting the County's
total number of building permits.
When Monroe County reaches that limit, there will
still be approximately 7,000 undeveloped, privately -
owned parcels in the Florida Keys Area of Critical
State Concern.
Gradual acquisition of these privately -owned par-
cels now, in continued partnership with the State, will:
Curtail the threat of significant fiiture takings
liability;
Mitigate encroachment threats to the Naval Air
Station Key West Military Installation; and
=::> Protectproperty rights.
3. AFFORDABLE WIND INSURANCE AND
FLOOD INSURANCE to protect economy of
the Florida Keys
A. OPPOSE legislation that increases present
insurance premiums and/or limits the availability of
Citizens coverage (particularly in areas, such as
Monroe, where there is no reasonable degree of
competition for windstorm insurance.)
B. SUPPORT an exemption for owners of developed
properties in the Coastal Barrier Resource System
areas from being ineligible for Citizens wind insurance
effective July 1, 2014 (to correct a provision in last
year's SB 1110).
C. SUPPORT the legislative efforts of Fair Insurance
Rates for Monroe with regard to wind and flood
insurance affordability and availability.
D. MONITOR state legislative efforts that address
flood insurance premium rate increases associated
with changes to the National Flood Insurance
Program.
4. PROTECT COUNTY REVENUES to protect
LOCAL taxpayers and local economy
OPPOSE any legislation that eliminates, reduces, or
restricts uses County revenue sources including: the
Communications Services Tax and the Local Business
Tax.
5. REPEAL LOCAL GOVERNMENT PRE-
EMPTION on Vacation Rental Regula-
tion to protect communities
SUPPORT SB 356 / HB 307 repealing pre-emption
of local governments to regulate vacation rentals to
enable enforcement of issues related to garbage, noise,
and other quality of life impacts.
6. STATE FUNDING for County infrastruc-
ture and service needs
SUPPORT continued/increased state funding for
local infrastructure and service needs including:
roads/bridges, water quality infrastructure, affordable
housing, elderly social services, health department,
and homelessness.