Item N8BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
'Meeting Date: Februarv20.2013 Division: County Administrator
Bulk Item: Yes X No — Department: County Administrator
Statf Contact /Phone #- Lisa Tennyson x 4444
AGENDA ITEM WORDING: Approve minor revisions to Monroe County 2013 lcaislative
A0enda,
ITEM BACKGROIL.TND: The following itenis are recommended to be changed/added:
• Durin(_) the January meeting, there was a recommendation for a slight revision to the language
related to Citizens' wind insurance.
• AT DC recommended a minor revision to the language related to the Tourist Development Tax for
clarification purposes,
• Rep. Raschein's bill related to Key West was assigned a bill number,
• Gro\,vth management is requesting to put forth an amendment to 1113 375 to address conflicts in
existino statute related to permitting and timing for central sewer hook-ups,
PREVIOUS RELEVANT BOCC ACTION: In January, the BOCC approved the 2013 Monroe
County State and Federal Legislative Agenda.
EMM"By I III 1 1111 RMILM
STAFF RECOMMENDATIONS: Approval
TOTAL COST: NA INDIRECT COST:
DIFFERENTIAL OF LOCAL PREFERENCE: NA
COST To COUNTY: NA
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes — No — AMOUNT PER MONTH
APPROVEDBY: County Attv 4o OMB/Purchasing Risk Management
DOCUMENTATION:
DISPOSITION:
Included Not Required
AGENDA ITEM #
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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
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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 HB 467/SB>.698: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, and
support efforts to preserve availability and improve affordability of coverage in areas where there is no
reasonable degree of competition for windstorm insurance.
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.
RESTORE ACT:
SUPPORT coordination with local, state and federal stakeholders to ensure funding for critically
important environmental projects for the Florida Keys.
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.
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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 revenue neutral and a locally controlled revenue and
removes competitive advantages within the industry by providing similar tax treatment to
similar services.
Tourist Development Tax/Sales Tax`: SUPPORT legislation that would clarify that online
travelcompanies are liable for tax on the difference between wholesale and retail price of
lodging.',
Local Business Tax: OPPOSE legislation that would provide for the elimination of the local
business tax, or reducing its flexibility in use.
Local Discretionary Revenue Flexibility: SUPPORT modifications to existing laws
governing local discretionary revenue sources to provide greater flexibility and more efficient
administration and management.
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.
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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." i
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
' This report can be found at: http://www.dep.state.fl.us/deepwaterhorizon/commission.htm
Monroe County Board of County Commissioners Legislative ri riti
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 improvements when the road is currently deficient
or when development causes the road to operate below its adopted level of service.
Coneurrene : 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.
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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.
Healthv 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
state funding for programs that serve the homeless. SUPPORT a process that would waive the
Monroe County Board of County Commissioners Legislative Priorities 2013
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 50150 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
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Rule 9G-22, 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.
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 $613 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 $113 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".
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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 legislation that would clarify that online travel
companies are liable for tax on the difference between wholesale and retail price of lodging.
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
spread risk from natural disasters across all states and eliminate legal battles in determining
damage caused by wind versus water due to hurricanes.
Monroe County Board of County Commissioners Legislative ri riti
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.
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