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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: Packet Pg. 1827 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 Packet Pg. 1828 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 Packet Pg. 1829 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 Packet Pg. 1830 Q.6.a 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) Page 1 Packet Pg. 1831 Q.6.a 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) Page 2 Packet Pg. 1832 Q.6.a 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) Page 3 Packet Pg. 1833 Q.6.a 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) Page 4 Packet Pg. 1834 Q.6.a 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 Page 5 Packet Pg. 1835 Q.6.a 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 Page 6 Packet Pg. 1836 Q.6.a 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. Page 7 Packet Pg. 1837 Q.6.a 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. Page 8 Packet Pg. 1838 Q.6.a 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); Page 9 Packet Pg. 1839 Q.6.a 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 Page 10 Packet Pg. 1840 Q.6.a 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. Page 11 Packet Pg. 1841 Q.6.a 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. Page 12 Packet Pg. 1842 Q.6.a 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. Page 13 Packet Pg. 1843 Q.6.a 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. Page 14 Packet Pg. 1844 Q.6.a 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. Page 15 Packet Pg. 1845 Q.6.a 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. Page 16 Packet Pg. 1846 Q.6.a 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. Page 17 Packet Pg. 1847 Q.6.a 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. Page 18 Packet Pg. 1848 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. Page 19 Packet Pg. 1849 Q.6.a CONTACT INFORMATION MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Danny Kolhage, District 1 "/##Ͷ͘¬®­±®¤¢®´­³¸ȃ¥«ȁ¦®µ ͸͵ͺȃͷ;ͷȃ͸͹͹͵ Michelle Coldiron, District 2 "/##ͷ͘¬®­±®¤¢®´­³¸ȃ¥«ȁ¦®µ ͸͵ͺȃͷ;ͷȃ͹ͺͶͷ Heather Carruthers, District 3 "/##͸͘¬®­±®¤¢®´­³¸ȃ¥«ȁ¦®µ ͸͵ͺȃͷ;ͷȃ͸͹͸͵ David Rice, District 4 "/##͹͘¬®­±®¤¢®´­³¸ȃ¥«ȁ¦®µ ͸͵ͺȃͷͽ;ȃͻ͵͵͵ Sylvia Murphy, District 5 "/##ͺ͘¬®­±®¢®´­³¸ȃ¥«ȁ¦®µ ͸͵ͺȃ͹ͺ͸ȃͽͼͽͼ COUNTY ADMINISTRATOR Roman Gastesi ' ²³¤²¨ȃ±®¬ ­͘¬®­±®¤¢®´­³¸ȃ¥«ȁ¦®µ /¥¥¨¢¤Ȁ ͸͵ͺȃͷ;ͷȃ͹͹͹Ͷ #¤««Ȁ ͸͵ͺȃ͸;͹ȃͶ͸͸ͷ DIRECTOR OF LEGISLATIVE AFFAIRS Lisa Tennyson 4¤­­¸²®­ȃ«¨² ͘¬®­±®¤¢®´­³¸ȃ¥«ȁ¦®µ /¥¥¨¢¤Ȁ ͸͵ͺȃͷ;ͷȃ͹͹͹͹ #¤««Ȁ ͸͵ͺȃͺ͵;ȃͶͼ͵; COUNTY ATTORNEY Bob Shillinger 3§¨««¨­¦¤±ȃ¡®¡͘¬®­±®¤¢®´­³¸ȃ¥«ȁ¦®µ /¥¥¨¢¤Ȁ ͸͵ͺȃͷ;ͷȃ͸͹ͼ͵ #¤««Ȁ ͸͵ͺȃͼ͹ͼȃ͹ͼͶͼ LOBBYISTS: Capitol Group, Robert Reyes, Tallahassee, Fl ͽͺ͵ȃ͹ͷͺȃ͹͵ͺ͵ Peebles-Smith, John Wayne Smith, Tallahassee, Fl ͽͺ͵ȃͻͽͶȃͼ͸ͽ͸ Anfield Consulting, Frank Bernardino, Tallaha ssee, Fl ͽͻͻȃ;ͻ͵ȃͺ;͸; Sun City Strategies, Eduardo Gonzalez, Miami, Fl ͽͺ͵ȃ͹ͽͽȃͶͻͽ͸ Attachment: 2019 Monroe County State Leg Agenda Proposed final version (UPDATED 11/7/18) \[Revision 1\] (2019 State Legislative Agenda) Page 20 Packet Pg. 1850