Item Q6Q.6
BOARD OF COUNTY COMMISSIONERS
C ounty of M onroe
Mayor David Rice, District 4
Mayor Pro Tem Sylvia J. Murphy, District 5
TheFloridaKeys
Danny L. Kolhage, District 1
George Neugent, District 2
Heather Carruthers, District 3
County Commission Meeting
November 20, 2018
Agenda Item Number: Q.6
Agenda Item Summary #4956
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 2019 State Legislative Agenda.
ITEM BACKGROUND:
Staff is seeking Board approv
Legislative Program.
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 2019 State legislative session; and
legislative efforts.
throughout several sessions, such as our unique water quality and land acquisition needs, and the
importance of wind insurance affordability; these will continue to be legislative priorities in the 2019
session.
Each year the agenda reflects changes or additional tasks in response to new challenges, new ideas for
existing challenges, or new opportunities for funding sources. For example, Hurricane Irma provided an
unprecedented challenge to our housing stock, and in response, we developed a list of legislative
strategies to bolster our housing recovery efforts. Another example is the challenge presented by the first
joint County-State takings judgement, which prompted us to propose to seek an avenue for codifying
what has been a long-standing assumption of a shared financial responsibility between the County and the
draft document attached.
the Board, and in so doing, place appropriate priority on the issues that the Board directs to receive a
special level of attention in 2019.
through the Florida Association of Counties (FAC) and the Small County Coalition (SCC) in achieving
broader legislative issues. FAC and SCC will finalize their legislative programs during the FAC
legislative conference in November. As a member of the Southeast Florida Regional Climate Compact,
When the
Compact finalizes its draft agenda, it will be presented to the County Commission for approval.
Key dates for the 2019 State Legislative Session:
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Q.6
November 6: Election
November 28-30: FAC Legislative Policy Conference
December-February: Legislative Committee Weeks
January 8: Inaugural Day
March 1: Deadline for filing General Bills
March 5: Session Begins
March 19: Keys Day
April 23: Last Day for Committee meetings
May 3: Session Ends
PREVIOUS RELEVANT BOCC ACTION:
Approval of the 2018 State Legislative agenda.
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
2019 Monroe County State Leg Agenda Proposed final version (UPDATED 11/7/18)
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract: n/a
Total Cost to County: n/a
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
n/a
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Q.6
REVIEWED BY:
Bob Shillinger Completed 11/06/2018 3:38 PM
Budget and Finance Skipped 11/06/2018 2:49 PM
Maria Slavik Skipped 11/06/2018 2:49 PM
Kathy Peters Completed 11/06/2018 3:42 PM
Board of County Commissioners Pending 11/20/2018 9:00 AM
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Q.6.a
MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
STATE LEGISLATIVE AGENDA
2019
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Office of Legislative Affairs
November 20, 2018
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Monroe County Board of County Commissioners State Legislative Priorities 2019
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Commissioner Danny Kolhage, District 1
Commissioner Michelle Coldiron, District 2
Commissioner Heather Carruthers, District 3
Commissioner David Rice, District 4
Commissioner Sylvia Murphy, District 5
COUNTY ADMINISTRATOR
Roman Gastesi
LEGISLATIVE DISTRICTS
House District 120: Representative Holly Raschein
Senate District 39: Senator Anitere Flores
MEMBERSHIPS IN LEGISLATIVE ALLIANCES
Florida Association of Counties
Small County Coalition
Southeast Florida Regional Climate Change Compact
South Florida Regional Planning Association
National Association of Counties
Gulf States Counties and Parishes Caucus
Attachment: 2019 Monroe County State Leg Agenda Proposed final version (UPDATED 11/7/18) \[Revision 1\] (2019 State Legislative Agenda)
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TABLE OF CONTENTS
REPORT AND DISCUSSION 3
STATE LEGISLATIVE PRIORITIES:
Land Acquisi....... 5
6
Wind and Flood 7
8
Affordable Housing.. 9
. 10
Funding Sources: 10
11
... 12
12
12
12
. 12
13
13
13
13
Home Rule, Unfunded Mandates, County Revenues . 14
14
GENERAL STATE LEGISLATIVE ISSUES:
Growth Management / Environmental Regulation.. 16
16
Homelessness . 17
Health, Mental Health, and Social Services. 17
. 18
Transportation. 18
. 18
County 19
Sustainability/ PACE /Recycling 19
CONTACT INFORMATION 20
Attachment: 2019 Monroe County State Leg Agenda Proposed final version (UPDATED 11/7/18) \[Revision 1\] (2019 State Legislative Agenda)
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Monroe County Board of County Commissioners State Legislative Priorities 2019
REPORT AND DISCUSSION
LEGISLATIVE AGENDA DEVELOPMENT
9 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 2019.
Annually, the Board reviews legislative priorities and gives direction on and approval of priority legislative issues
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 will finalize their
legislative programs during the FAC legislative conference in November. As a member of the Southeast Florida
legislative program. When the Compact finalizes its draft agenda, it will be presented to the County
Commission for approval.
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 2019 State legislative session; and welcomes the addition or
2019 legislative efforts.
LEGISLATIVE PRIORITIES
The 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
insurance affordability; these will continue to be legislative priorities in the 2019 session.
The one priority is to 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 FKSA authorizes an annual $5M set-aside of Florida Forever funding for the next ten years, 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 a need to keep our State legislators mindful about the impacts and consequences of Monroe
s while balancing private property rights.
The State of Florida, having designated the Florida Keys as an Area of Critical State Concern, is a partner with
Monroe County in this challenge and we continue to work closely with the State ACSC oversight agency, the
Department of Economic Opportunity (DEO) on these issues, and the State
agency, the Department of Environmental Preservation.
Monroe County and the State are facing the first joint takings judgement in the Galleon Bay case. With this
judgement, the cost of takings is no longer theoretical. County and State officials have been jointly defending
the litigation and operating under the «®¦ ²³ £¨¦ ²²´¬¯³¨® that the State would partner equally with the
in the payment of the judgement, however, that assumption has not been formalized. The judgment was
entered against the State and the County, jointly and severally, which means that each is fully responsible for
payment. To that end, the County will seek an avenue for codifying this joint responsibility, clarifying that the
County and the State are separately obligated
and costs)
Attachment: 2019 Monroe County State Leg Agenda Proposed final version (UPDATED 11/7/18) \[Revision 1\] (2019 State Legislative Agenda)
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Elections in November will bring significant changes in personnel in leadership positions in the state, most
especially a new Governor and a majority of new Cabinet members. These new officials and their staffs will
have to be brought up to speed on the unique development issues that exist in Monroe County, and the Stat
role and responsibility.
Wind insurance affordability is yet another critical need for our constituents and a key component in preserving
State. At the State level, this requires
working with and monitoring Citizens windstorm 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 policyholders in the National Flood Insurance
Program, to preserve the NFIP and affordable flood insurance.
State and local investment in affordable housing construction and land acquisition remains a priority especially
as we continue our post-Irma housing recovery.
The spate of pre-emption bills introduced in recent legislative sessions such as those related to vacation rentals,
single use plastic bags, fracking, business regulation, use of county rights of way, represent a significant
challenge to home rule. We expect these State legislative efforts to continue with respect to preemptions,
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
LOBBYING CONTRACTS
The County utilizes contract lobbying services at the State level to further Monroe
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 Dean Canon of Gray-Robinson), and Frank
Bernardino with Anfield Consulting. In response to leadership changes, we are adding a new member to the
team, Eduardo Gonzales with Sun City Strategies. These firms provide a daily presence in Tallahassee and
advocate for legislative priorities.
Staff coordinates regularly with 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 2019 State legislative issues,with
a brief discussion on each.
KEY DATES
November 6: Election
November 28-30: FAC Legislative Policy Conference
December-February: Legislative Committee Weeks
January 8: Inaugural Day
March 1: Deadline for filing General Bills
March 5: Session Begins
March 19: Keys Day
April 23: Last Day for Committee meetings
May 3: Session Ends
Attachment: 2019 Monroe County State Leg Agenda Proposed final version (UPDATED 11/7/18) \[Revision 1\] (2019 State Legislative Agenda)
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Monroe County Board of County Commissioners State Legislative Priorities 2019
LEGISLATIVE PRIORITIES
LAND ACQUISITION:
BUILD OUT, LEGAL LIABILITY, CONSERVATION, MILITARY BUFFERS
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, and through the
Administration Commission, the State maintains oversight of the growth and development issues in the
Florida Keys.
Hurricane Evacuation: State law limits residential housing growth in the Keys so that permanent residents
can be safely evacuated within 24 hours. U.S. 1 has limited capacity for cars on the road, which limits the
number of people that can live here. The State accomplishes this through an annual rationing of building
Development Permits: The State caps the total number of new building permits in the Keys. In 2013 that
cap was set at 3,550. Each year, for the next ten years, the State allocates 355 permits to the Keys. We will
reach build out in 2023, after which there will be no more permits, and no further development will be
permitted.
Property Rights/Legal Liability: 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 property rights lawsuits against the local governments and the State from owners who may have
been denied the ability to build a home on their property. The total value of the remaining 7,800 parcels,
and the liability of potential takings claims, is conservatively estimated at $317M. The County and the
State have already been named as co-defendants in property rights suits filed as a result of ACSC
regulations, and are jointly defending those suits.
Conservation and Non-Conservation Lands: Florida Forever provides a programmatic funding source
through which the State can acquire lands to retire development rights, as long as those properties are
conservation lands within the Florida Forever project boundaries. Of the 7,800 privately-owned,
undeveloped properties that could be left without permits ¯¯±®·¨¬ ³¤«¸ Ǿ͵͵ «¨¤ ¶¨³§¨ &«®±¨£ &®±¤µ¤±
project boundaries. In 2018, we secured legislative changes that authorized the State to acquire non-
conservation lands in ACSC to retire development rights. However, this type of acquisition requires a State
funding source.
Military Base Buffering: The Keys are home the U.S. Naval Air Station Key West. Approximately 500 of
the 7,800 privately-owned, undeveloped parcels lie within military buffer areas. In 2018, we
secured legislative changes that prioritized NASKW within s military buffer lands program, but
the program requires greater State funding in order to acquire more base buffer land.
LOCAL COMMITMENT: Since July 1, 2016, Monroe County has committed a total of $11.8M of land
acquisition funds that may be used to reduce this liability, consisting of $5.4
infrastructure sales surtax and $6.4 M from the Monroe County Land Authority. As of September 2018,
$6M has been expended to reduce the liability by acquiring 157 parcels and retiring 139 development rights.
REQUESTED ACTIONS: Continue to work with in partnership with DEO and FDEP to fund and implement an
aggressive, long-term land acquisition strategy aimed at reducing the total inventory of privately owned vacant
land to curtail the threat of significant future takings liability. This can be done through multiple routes:
SUPPORT appropriation of $5M within Florida Forever as authorized in The Florida Keys Stewardship
Act for land acquisition within the Florida Keys that will both conserve environmentally sensitive land
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and retire development rights to mitigate future takings liability.
SUPPORT efforts to codify a shared 50%-50% apportionment of State-County responsibility on takings
judgements.
SUPPORT increased funding for Military Base buffering for State acquisition of buffer lands around
NASKW that will protect base encroachment AND retire development rights to mitigate future takings
liability.
SUPPORT funding for State acquisition of non-conservation lands in ACSC to retire development rights
and mitigate future takings liability.
WATER QUALITY PROTECTION:
WASTEWATER TREATMENT, STORMWATER, CANALS
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 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 $4B 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 State, through Florida Administrative Code 28-20, mandated that The
Florida Keys Area of Critical Concern construct a centralized wastewater treatment system in compliance
with FS 381 and 403 across the span of the 100+ mile archipelago. This has cost the local governments of
the Florida Keys $900M. 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. Runoff and poor canal water leach into the nearshore waters of the Florida Keys
National Marine Sanctuary and threaten its fragile ecosystem. Environmental testing has determined that
many canals in the Keys have poor water quality that fall below the State water quality standards.
LOCAL COMMITMENT:
o County Funds: The Monroe County Board of County Commissioners expended $7M in local funds to
conduct a Restoration Pilot Program, wherein we implemented a number of different restoration
technologies on seven different canals to determine the costs and benefits of each technique.
o RESTORE Act funds: The Monroe County Board of County Commissioners has committed all of its
$20M in its RESTORE Act funds to Canal Restoration.
o Natural Resources Conservation Service Funds: The County secured a $45M federal grant to remove
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Monroe County Board of County Commissioners State Legislative Priorities 2019
hurricane-related debris from almost 200 canals.
REQUESTED ACTIONS:
SUPPORT a $20M appropriation pursuant to The Florida Keys Stewardship Act (Chapter 2016-225, Laws
of Florida) to construct water quality projects in the Florida Keys.
WIND INSURANCE AND FLOOD INSURANCE:
AFFORDABILITY AND ACCESSABILITY
CHALLENGES:
Wind insurance rates:
in the State. Citizens Property Insurance
Company provides wind insurance coverage for . High costs and limited
coverage negatively impact our citizens, our workforce, our property values, and our economy.
State for Monroe.
Modeling: Despite dramatic differences in projected losses for Monroe County from the various rating
models, Citizens until this year used only the model most unfavorable to the County to apply statewide
increases to Monroe.
Premiums vs. Claims: Premiums charged by Citizens are not commensurate with actual risk.
o From 2004-2018 Monroe paid in total more than a half billion dollars in premiums over claims.
Affordability and Annual Glide path:
increases. ThProperty insurance affordability is a key
. The legislature recognized the importance of
(beyond capping annual increases to 10%.)
o Citizens Property Insurance Corporation statute reads: 4§¤ ¡²¤¢¤ ®¥ ¥¥®±£ ¡«¤ ¯±®¯¤±³¸ ¨²´± ¢¤
³§±¤ ³¤² ³§¤ ¯´¡«¨¢ §¤ «³§Ǿ ² ¥¤³¸Ǿ £ ¶¤«¥ ±¤ £ «¨ª¤¶¨²¤ ³§±¤ ³¤² ³§¤ ¤¢®®¬¨¢ §¤ «³§ ®¥ ³§¤ 3³ ³¤ȁ
4§¤ 3³ ³¤ ³§¤±¤¥®±¤ § ² ¢®¬¯¤««¨¦ ¯´¡«¨¢ ¨³¤±¤²³ £ ¯´¡«¨¢ ¯´±¯®²¤ ³® ²²¨²³ ¨ ²²´±¨¦ ³§ ³
¯±®¯¤±³¸ ¨ ³§¤ 3³ ³¤ ¨² ¨²´±¤£ £ ³§ ³ ¨³ ¨² ¨²´±¤£ ³ ¥¥®±£ ¡«¤ ± ³¤² ²® ² ³® ¥ ¢¨«¨³ ³¤ ³§¤ ±¤¬¤£¨ ³¨®Ǿ
±¤¢®²³±´¢³¨®Ǿ £ ±¤¯« ¢¤¬¤³ ®¥ £ ¬ ¦¤£ ®± £¤²³±®¸¤£ ¯±®¯¤±³¸ ¨ ®±£¤± ³® ±¤£´¢¤ ®± µ®¨£ ³§¤
¤¦ ³¨µ¤ ¤¥¥¤¢³² ®³§¤±¶¨²¤ ±¤²´«³¨¦ ³® ³§¤ ¯´¡«¨¢ §¤ «³§Ǿ ² ¥¤³¸Ǿ £ ¶¤«¥ ±¤Ǿ ³® ³§¤ ¤¢®®¬¸ ®¥ ³§¤ 3³ ³¤Ǿ
£ ³® ³§¤ ±¤µ¤´¤² ®¥ ³§¤ 3³ ³¤ £ «®¢ « ¦®µ¤±¬¤³² ¶§¨¢§ ±¤ ¤¤£¤£ ³® ¯±®µ¨£¤ ¥®± ³§¤ ¯´¡«¨¢
¶¤«¥ ±¤ȁ
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
80% of the StateState Legislature to recognize the value of NFIP and
the local and statewide economic benefits of affordable flood insurance and to ensure and support
measures that preserve it.
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REQUESTED ACTIONS:
SUPPORT legislation that reduces annual wind insurance rate increase maximum from 10% to a
COLA-
overall importance to the State of Florida.
SUPPORT legislation to help lower premiums and annual rate increases by requiring Citizens to:
o Apply ;
o Apply an affordability definition or standard, per the statutory language mandating affordability.
SUPPORT legislation to lower wind insurance premiums on multifamily affordable units by re-categorizing
personal residential
OPPOSE (particularly in areas such as Monroe,
where there is no reasonable degree of competition for windstorm insurance.)
SUPPORT State legislative efforts that recognize the importance of affordable flood insuranceto
homeowners 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.
MARINE PROTECTION:
DERELICT VESSELS AND PUMP OUT PROGRAM
CHALLENGES:
Derelict Vessels: Monroe County has the highest number of derelict vessels in the State. The generation
of derelict vessels Statewide has been recognized by the Florida Legislature and FWC as posing significant
navigational and environmental impacts to be addressed. In 2014, the FWC held a series of workshops
throughout the State to consider options for the development of anchoring restrictions, acknowledging the
issue of long-term anchoring (storage) of vessels, and recognizing that such vessels often degenerate to
derelict condition.
Consistent with FWC and Statewide goals, Monroe County supports legislation that:
o 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
o Ensures sufficient funding to remove and dispose of derelict vessels, such as adding an additional
surcharge to the vessel registration fee, both Statewide, and in Monroe County.
Vessel Pump Out Water Protection Program: The pristine waters of the Florida Keys attract high numbers
of boaters from all over the State and country. These waters are all part of the National Marine Sanctuary
and are designated as a No Discharge Zone (NDZ) by DEP and the Sanctuary. Monroe County implemented
a large-scale mobile vessel pump out program in 2013 to assist boaters in complying with the NDZ.
o Monroe County requires occupied vessels to a weekly pump
out service. This requirement in concert with the no-charge pump out service has ensured near 100%
compliance with NDZ regulations.
o The program has captured over 1 million gallons of vessel sewage over the past five years.
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Monroe County Board of County Commissioners State Legislative Priorities 2019
o Monroe County supports this program through its Boater Improvement Funds, Clean Vessel Act
funding, and direct legislative appropriations for the past three years. This funding makes it possible to
provide the pump out service at no charge, which is highly effective at incentivizing boaters to pump
out, and protecting the quality of waters and the marine ecosystem surrounding the Keys.
REQUESTED ACTIONS:
SUPPORT statutory change that limits the storage of a vessel at anchor in one location on public waters of
the State to not more than 60 days.
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.
SUPPOR T a legislative appropriation of $500,000 to s pump out program.
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.
OPPOSE further dilution of county authority to regulate vessels and waterways.
AFFORDABLE HOUSING/POST-IRMA HOUSING RECOVERY
CHALLENGE: The challenges facing citizens of finding and securing affordable housing in Monroe County are
not new but have increased exponentially after the devastation from Hurricane Irma. The storm destroyed
thousands of homes in the Florida Keys and compounded an already dire affordable housing market.
Throughout our post-storm housing recovery, the State has been an active and engaged partner. DEO worked
closely with Monroe as it developed the State plan for the statewide allocation of CDBG-DR recovery funds. Its
and $25M for construction) to the local governments in Monroe to help address those needs. We are working
closely with the State this year as we begin this work.
annual allocation of Housing Tax Credits and SAIL funds. This set aside is usually sufficient to develop one
affordable/ workforce rental project per year. However, the housing and displacement crisis created by
Hurricane Irma has magnified the need for additional funding resources to rebuild affordable housing, restore
the economy, and ensure the quality of life for these Keys communities.
For 2018, the County received from the State $15M in SAIL funds plus tax credits for sufficient for two projects,
but we have more than two projects competing for those resources. Continuing SAIL and tax credit resources,
as well as other potential funding sources remain necessary to aid in our ongoing housing recovery and
rebuilding efforts.
We are also hopeful that the State will continue to work with and assist Monroe as we seek the legislative
changes related to taxation relief for affordable rental housing and vacation rental regulation, to help ease the
REQUESTED ACTIONS:
SUPPORT request for $15 million in SAIL funding (to match with Low Income Housing Tax credits);
SUPPORT request for $4 million in housing tax credits from FHFC (to use with SAIL funding);
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SUPPORT unutilized Tourist
Development Tax pennies for affordable housing for a period of two years;
SUPPORT legislation that provides property tax relief on residential properties that provide long-term
affordable/workforce rental housing; and
SUPPORT full appropriation of Sadowski Housing Trust Fund monies for affordable housing.
VACATION RENTALS
REQUESTED ACTIONS:
SUPPORT
amend/update our vacation rental regulations in order to increase supply of workforce housing.
SUPPORT legislation that protects grandfathered vacation rental ordinances and that
would allow local governments with grandfathered ordinances to amend and update their regulations
without losing their grandfathered status.
OPPOSE legislation that preempts local communities from regulating vacation rentals, and legislation
that threatens grandfathered protections.
FUNDING SOURCES FOR LAND ACQUISITION AND LAND MANAGEMENT:
TOURIST IMPACT TAX AND GREEN UTILITY FEE
CHALLENGES:
As an Area of Critical State Concern with a Land Authority, Monroe County is empowered to implement
Tourist Impact Tax, a one-cent tax that is collected on transient accommodations. A half-penny of this tax
funds land acquisition and the other half-penny g
valorem taxes due to those land acquisitions and to offset the impacts of tourism.
For the Florida Keys, tourism is the most significant economic sector, creating jobs and bolstering the local
economy. Tourism also increases the costs for public safety, sanitation, additional infrastructure and utilities
like water, sewer, power, roads, bridges, sidewalks, lighting, parking, boat ramps, mooring fields, parks and
beaches. It also increases the cost of living and the costs of land and housing, and places demands on the
environment and the water quality.
Monroe County implemented this Tourist Impact Tax in 1988, and it has remained unchanged since then
despite every increasing numbers of tourists.
Additionally, given the challenge of land acquisition to mitigate the potential financial and legal liability
tourism numbers, Monroe County seeks a statutory change to increase this tax by an additional penny to
generate additional revenue to meet these needs. This second Tourist Impact Tax penny will approximately
generate an additional $4M for land acquisition, and $4M to general fund to offset impacts, annually.
As the County acquires more land to address takings issues, the costs to manage that land will increase. The
Green Utility Fee is an avenue for potential funding for these costs. Though the Green Utility Fee has been
in statute for several years it has not yet been implemented by any local governments. Currently the statute
limits the implementation of the GUF to local governments with populations over 500,000; this would require
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Monroe County Board of County Commissioners State Legislative Priorities 2019
amending in order for Monroe to be able to avail itself of this option. Fees collected is on a voluntary basis
and would require a local referendum or an individual opt-in, and an ordinance.
REQUESTED ACTIONS:
SUPPORT a statutory change (125.0108, FS) to add one-cent to the Tourist Impact Tax.
SUPPORT a statutory change (369.255) to lower the population eligibility criterion to enable Monroe to avail
itself of this funding opportunity should the Board of County Commissioners determine in future years to
utilize it.
OVERSEAS HERITAGE TRAIL:
PEDESTRIAN BRIDGES AND SUGARLOAF SECTION
CHALLENGES:
Sugarloaf Segment of OHT: The segment of the trail required redesign because the former design did not
include work to mitigate erosion that occurred along shoreline during storms. FDOT funded the design in
FY 18, with $740,000 in Transportation Alternative Program (TAP) funds. The design is underway. The
focus now is on funding the construction, which is estimated to cost approximately $8-10M. The project is
being designed so that it can be easily divided into three or four construction contracts as it may be easier
to secure smaller funding amounts and complete the project in phases than all at once. TAP funding is not
a viable funding option since its limited to a $1M/yr for three years. Consequently, FDEP appliedfor funding
indicated FDOT will support the application. There has not yet been notice to FDEP of any FDOT SUN Trail
funding.
Pedestrian/Fishing Bridges: These bridges are an essential part of the Florida Keys Overseas Heritage
Trail. They are on the National Register of Historic Places. The Florida Keys Overseas Heritage Trail Master
Plan (completed in 2000) was prepared by Monroe County in partnership with FDEP, FDOT, and the
National Park Services to fulfill the expressed vision by Monroe County citizens to have a continuous trail
along US 1 spanning the length of the Keys. As such, completion of the trail is a high priority for the County,
FDEP and other project stakeholders. The bridges are in poor condition, posing hazards to trail users and
boaters underneath and posing environmental hazards to the waters of the National Marine Sanctuary. (In
2014, DEP closed 4 of these bridges due to their unsafe structural condition.) DEP must conduct a
Preliminary Design and Engineering study (PDE) to assess the conditions of the bridges and
repair/rehabilitation options. The PDE will cost $7.5M. Possible sources for funding include the following:
DEP will include this its legislative budget request for FY 2018, but DEP funds are limited. TAP funds are
also a possibility, but TAP funds are also limited.
REQUESTED ACTIONS:
SUPPORT
Heritage Trail, including specifically:
o
o Request FDOT provide Transportation Alternative Program funds if necessary.
SUPPORT fund the Preliminary Design and Engineering study including specifically:
o
o Requesting FDOT provide funding assistance.
o Requesting a direct appropriation.
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SINGLE USE PLASTIC BAGS
REQUESTED ACTIONS:
OPPOSE legislation that preempts 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.
OIL DRILLING/FRACKING
REQUESTED ACTIONS:
OPPOSE
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.
OPPOSE legislation that would create a public records law exemption for proprietary information provided
by drilling companies.
SUPPORT
territorial seas, State lands, and the Everglades.
EVERGLADES RESTORATION
REQUESTED ACTIONS:
SUPPORT legislation and funding to support continued implementation of the Comprehensive
Everglades Restoration Plan.
CORAL REEF PROTECTION
REQUESTED ACTIONS:
SUPPORT legislation and
RESILIENCE HARDENING AND PLANNING
REQUESTED ACTIONS:
SUPPORT State legislation that encourages vulnerability assessments, coordinates resources and
supports the efforts of local governments to mitigate and adapt to hurricanes, sea level rise, and other
climate-related challenges, 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.
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Monroe County Board of County Commissioners State Legislative Priorities 2019
EMERGENCY MANAGEMENT
REQUESTED ACTIONS:
SUPPORT legislation creating a public records exemption for emergency management database
platforms, applications, programs, software, and the date and records contained therein; and the personal
identification information and financial information of persons related to disaster management and
response, including disaster responders, persons using a public shelter during an emergency, persons with
special needs, and persons providing or receiving damage assessment information.
CLERKS FUNDING/JUDGESHIPS
REQUESTED ACTIONS:
SUPPORT continued attention to the adequate funding for the functions of the clerks of court, including
an allocation process that result in a fair and sufficient distribution of court generated revenue.
OPPOSE the decertification of any Monroe County Court judgeships and to any reductions to the local
judiciary.
FLORIDA RETIREMENT SYSTEM
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.
MEDICAL MARIJUANA
REQUESTED ACTIONS:
SUPPORT home rule: maintaining local authority to determine land use, 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 all costs for public services, including but not limited to law
enforcement, and regulatory enforcement.
SUPPORT legislation that provides comprehensive health-based regulatory system where the DOH is
responsible for licensing cultivation sites, dispensing facilities, and manufacturers of marijuana for
medicinal purposes.
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HOME RULE, UNFUNDED MANDATES,
COUNTY REVENUES, STATE FUNDING LEVELS
CHALLENGES:
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.
o 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.
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
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, 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.
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
local property taxes.
OPPOSE legislation that would revise current law in a manner that reduces or eliminates current local
government-related revenues including but not limited to Communication Services tax, Local Business
Tax, concurrency and impact fees, 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-related operation, and State park
admissions fees.
APPROPRIATIONS
REQUESTS:
$20M legislative appropriation for water quality projects in the Florida Keys.
$5M legislative appropriation for land acquisition in the Florida Keys through Florida Forever set-aside.
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Monroe County Board of County Commissioners State Legislative Priorities 2019
$500,000 legislative appropriation for pump-out services in the Florida Keys.
$7.5M Legislative appropriation to DEP for the Preliminary Design and Engineering study to assess the
conditions and repair options for the Overseas Heritage Trail Pedestrian Bridges.
$3M Legislative appropriation to DEP and/or DOT SUNTrail Grant funding for the construction of the
Sugarloaf section of Overseas Heritage Trail.
$15M SAIL funding from Florida Housing Finance Corporation.
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GENERAL LEGISLATIVE ISSUES
GROWTH MANAGEMENT/ENVIRONMENTAL REGULATIONS
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 that have the effect of transferring large quantities of wetlands
and uplands from State ownership to private ownership.
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 ordinances
that regulate billboards.
EMERGENCY MANAGEMENT
REQUESTED ACTIONS:
SUPPORT legislation creating a public records exemption for emergency management database
platforms, applications, programs, software, and the date and records contained therein; and the personal
identification information and financial information of persons related to disaster management and
response, including disaster responders, persons using a public shelter during an emergency, persons with
special needs, and persons providing or receiving damage assessment information.
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 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.
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Monroe County Board of County Commissioners State Legislative Priorities 2019
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.
HOMELESSNESS
REQUESTED ACTIONS:
SUPPORT legislation that creates a dedicated State funding source for homelessness programs and
services.
SUPPORT continued coordination with the State
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.
HEALTH, MENTAL HEALTH,
SOCIAL SERVICES, AND EMERGENCY MEDICAL SERVICES
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.
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.
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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,
if 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
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.
LIBRARIES
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, and measures that ensure decisions and policies regarding
county libraries are made at the local level.
TRANSPORTATION
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.
VETERANS
REQUESTED ACTIONS:
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.
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Q.6.a
Monroe County Board of County Commissioners State Legislative Priorities 2019
COUNTY JAILS, INMATE MEDICAL COSTS, JUVENILE JUSTICE
REQUESTED ACTIONS:
OPPOSE sentencing of State
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 that 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.
SUSTAINABILITY, PACE, RECYCLING AND SOLID WASTE
REQUESTED ACTIONS:
SUPPORT the 2019
Program.
SUPPORT amending statutory language to clarify that in addition to energy retrofits and wind mitigation,
that flood mitigation is also an allowable use for PACE 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.
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CONTACT INFORMATION
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Danny Kolhage, District 1
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Michelle Coldiron, District 2
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Heather Carruthers, District 3
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David Rice, District 4
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Sylvia Murphy, District 5
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COUNTY ADMINISTRATOR
Roman Gastesi
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DIRECTOR OF LEGISLATIVE AFFAIRS
Lisa Tennyson
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COUNTY ATTORNEY
Bob Shillinger
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LOBBYISTS:
Capitol Group, Robert Reyes, Tallahassee, Fl ͽͺ͵ȃͷͺȃ͵ͺ͵
Peebles-Smith, John Wayne Smith, Tallahassee, Fl ͽͺ͵ȃͻͽͶȃͼͽ
Anfield Consulting, Frank Bernardino, Tallaha ssee, Fl ͽͻͻȃ;ͻ͵ȃͺ;;
Sun City Strategies, Eduardo Gonzalez, Miami, Fl ͽͺ͵ȃͽͽȃͶͻͽ
Attachment: 2019 Monroe County State Leg Agenda Proposed final version (UPDATED 11/7/18) \[Revision 1\] (2019 State Legislative Agenda)
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