Item M2 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 10, 2014 Division: County Administrator
Bulk Item: Yes X No Staff Contact Person/Phone #: Lisa Tennyson x4444
AGENDA ITEM WORDING: Approval of the Monroe County 2015 State Legislative Agenda.
ITEM BACKGROUND:
Each year, the County develops a legislative agenda as an advocacy tool at State and Federal levels. This
year,we are developing separate state and federal legislative agendas. This is the State Legislative Agenda. The
federal agenda will be on the January BOCC agenda.
Staff has provided a draft list of substantive priorities and some additional general issues for the 2015 State
legislative session, and welcomes the addition or deletion of issues that the Board deems appropriate for the
County's 2015 legislative efforts. For informational purposes, staff has included some background and discussion
on many of the legislative issues listed.
A key priority listed is the proposed "Florida Keys Environmental Stewardship" Act/bill. This is intended to
be a stand-alone, Keys-wide bill to carve out a chunk of Amendment 1 funding and steer it, as a direct, automatic
annual appropriation to the Florida Keys for water quality and land acquisition needs (and sea level rise
adaptation measures.) The bill will be sponsored by Rep. Raschein. The draft of the "FKES" bill is also on
today's agenda for BOCC review/approval.
Upon Board approval, staff and the contract lobbying teams will pursue 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 2015. The approved agenda shall be brought to the BOCC for revisions/additions should additional
issues arise before and during session.
Typically, the County focuses on its legislative priorities, and then supports the Florida Association of
Counties (FAC) and National Association of Counties (NACO) in achieving their broader substantive initiatives.
FAC will finalize its 2015 legislative program during their legislative conference on November 18-21, 2014; it
will be disseminated to the Commission when complete.
As a member of the Southeast Regional Climate Change Compact, Monroe also supports the Compact's
annual legislative agenda which advocates for state and federal action related to energy and climate issues. The
Compact has not yet finalized its 2015 legislative agenda. This will be disseminated to the Commission when
complete.
The Florida State legislative session officially begins March 3, 2015 and concludes May 1, 2015.
PREVIOUS RELEVANT BOCC ACTION: Approval of the 2014 Legislative agenda.
CONTRACT/AGREEMENT CHANGES: NA
STAFF RECOMMENDATIONS: Approval
TOTAL COST: NA INDIRECT COST: BUDGETED: Yes No
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BY: County Atty OMB/Purchasing Risk Management
DOCUMENTATION: Included XX Not Required
DISPOSITION: AGENDA ITEM#
...............................................................................................................................................................................................................................................................................................................................................................
MONROE COUNTY., FLORIDA
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STATE LEGISLATIVE AGENDA
2015
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MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
December 10, 2014
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Mayor Danny Kolhage, District 1
Mayor Pro Tern Heather Carruthers, District 3
George Neugent, District 2
David Rice, District 4
Sylvia Murphy, District 5
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Senate District 39: Dwight Bullard
House District 120: Holly Raschein
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Florida Association of Counties
Small County Coalition
Florida City and County Management Association
National Association of Counties
International City/County Management Association
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REPORT AND DISCUSSION.............................................................................................. p. 3
SUMMARY LIST OF STATE PRIORITIES ......................................................................... 6
STATE LEGISLATIVE AGENDA
PRIORITIES:
WaterQuality.................................................................................................... 8
LandAcquisition................................................................................................ 9
Wind and Flood Insurance................................................................................ 12
County Revenue Sources, Cost-shares, State Funding...................... 13
GENERAL STATE LEGISLATIVE ISSUES/ADVOCACY:
Growth Management/ Environmental Regulation...................................... 18
AffordableHousing........................................................................................... 19
Homelessness.................................................................................................... 19
Health and Social Services................................................................................ 20
Libraries.............................................................................................................. 20
Transportation.................................................................................................. 21
Emergency Management................................................................................. 21
Sustainability...................................................................................................... 22
Recycling............................................................................................................. 22
PACE.................................................................................................................... 22
OilDrilling........................................................................................................... 23
RestoreAct......................................................................................................... 24
State Pension System....................................................................................... 24
Tourist Development Tax................................................................................ 25
CONTACT INFORMATION .................................................................................................. 26
MONROE COUNTY PROFILE (Florida Legislature,Office of Economic and Demographic Research) .... 27
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M irvir e Couirity Board of Couirity CoirnirrflsMoiriers State LegiMative Pidoi°ifles 201.5
BACKGROUND
Staff is seeking Board approval of the issues presented herein to be included in the County's 2015
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 2015.
Annually, the Board reviews legislative priorities and gives direction on and approval of priority
legislative issues to guide the County's lobbying efforts at both the 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 will finalize its 2015 legislative program during its legislative conference
on November 19-21, 2014. As a member of the Southeast Florida Regional Climate Compact,
Monroe County works collaboratively to help develop the Compact's draft legislative program. The
Compact will finalize its draft agenda in December 2014; the draft will go 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 draft list of
substantive priorities and a list general issues that we should monitor for the 2015 state legislative
session; and welcomes the addition or deletion of issues that the Board deems appropriate for the
County's 2015 legislative efforts.
Like most legislation, the County's legislative efforts are incremental and focused on issues that are
built upon throughout several sessions, such as water quality infrastructure funding, land acquisition,
and Citizen's wind insurance affordability; these will continue to be legislative priorities in the 2015
session.
Water quality protection and land acquisition will be part of renewed focus of state legislators this
year, as the State promises to make environmental issues, particularly water quality, a priority. The
County is appreciative and supportive of Governor Scott's promise to provide the Keys with the
balance of$100M remaining in the Mayfield authorization.
A significant component to the State's efforts this year is the dedication of hundreds of millions of
dollars to environmental projects that comes with the passage of Amendment 1, the Florida Land And
Water Legacy Act.
Staff has begun working with the County's State Representative Holly Raschein on securing funding
from Amendment 1 for Monroe County's water quality and land acquisition needs. The County has
hired a specialized team, Anfield Consulting to draft a special bill for the Florida Keys that will seek to
steer dedicated annual funding to Monroe County.
The intent of the proposed legislation, the "Florida Keys Environmental Stewardship" bill is to
establish a 20 year authorization to fund both water quality projects and land acquisition. For water
quality funding, it will encompass the current Mayfield wastewater authorization, expanding its uses
beyond wastewater to include storm water management and canal water restoration and expanding
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the term to 20 year (from the balance left in the current authorization, which is 2 years). The new
legislation will further include an annual appropriation for land acquisition to enable Florida
Department of Environmental Protection to renew an aggressive land acquisition program in the
Florida Keys.
There is need to keep our state legislators mindful about the economic value and return on
investment that water quality protection and land conservation have for the State of Florida. A few
of the County's stand-out economic indicators include:
• The unique marine ecosystem of the Florida Keys supports a tourism industry that generates
$165M in sales tax annually for the State.
• There are over 4 million visitors to the Florida Keys each year. (Tourist Development Council,
2011)
• Monroe County is the 13t" most valuable commercial fishing port in the nation, and 51" most
valuable in the Gulf of Mexico; and the only Florida port to rank among the nation's top
commercial fishing ports. (NOAA's Fisheries of the United States, 2012.)
• Monroe's and Southeast Florida's unique reef environment generates more than 70,000 jobs
and $6 billion in economic activity each year. (Bulletin of Marine Science, 2005, Rosenstiel
School of University of Miami.)
Our state legislators also need to be reminded about the impacts and consequences of Monroe
County's challenge of protecting both environmentally sensitive land while balancing private property
rights. We continue to work closely with the State's Department of Environmental Protection (DEP)
and Department of Economic Opportunity (DEO) on these issues.
An additional component to land acquisition is military buffering. The state has recognized the
importance of encroachment threats to its military installations, and County staff will continue to
work in partnership with the Naval Air Station Key West to seek funding for buffer area parcels that
NASKW's has prioritized for acquisition. NASKW is the US Navy's premiere training facility, hosting
60,000 training operations a year.
Property insurance affordability is yet another critical need for our constituents and a key component
in preserving the Keys' strong local economy that is a valuable economic engine for the State. At the
State level, this requires working with and monitoring Citizens wind insurance to find ways to
enhance affordability, 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 over 1 million
Floridians who are policy holders in the National Flood Insurance program, to preserve the NFIP and
affordable flood insurance.
As always, it remains important for the lobbying team to monitor the budgetary and programmatic
decisions made by the Legislature to determine their impact on local governments in the form of
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 "Call to Action"
emails, and regular updates.
The 2015 legislative session will begin on March 3, 2015, and is scheduled to conclude on May 2,
2015.
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M irvir e Couirity Boardf Couirity CoirnirrflsMoiriers State LegiMative Pidoil°ifles 201.5
LOBBYING CONTRACTS
The County utilizes contract lobbying services at the state level to further the County's legislative
goals and in pursuit of support and appropriations for Monroe's interests. At the state level, Monroe
County contracts with Floridian Partners and Smith Peebles (with a sub-contract with Capitol Insight.)
These firms provide a daily presence in Tallahassee and advocate for the County's legislative
priorities.
This past year Floridian Partners and Smith-Peebles focused on the County's top legislative priority -
securing wastewater funding. This past session, the legislature appropriated $50M in Mayfield
funding for wastewater; $30M of which is funding Monroe County's Cudjoe Wastewater Treatment
Plant. This is the second $50M appropriation in three years, and is the result of several years of
consistent, high quality legislative lobbying work.
Throughout this past session, the County's lobbyists worked to pursue another of the Board's state
legislative priorities — land acquisition. The County's lobbyists worked aggressively with the Governor
and Cabinet, and DEP to get Monroe County's Florida Forever project, the "Florida Keys Ecosystem
Project" added to the 2015 Florida Forever Work Program, and were successful.
Monroe is grateful for the State's $3.6M Florida Forever purchase, this past summer, of the Johnson
Tract, an environmental land jewel that had been a priority purchase for the County's Land Authority
for many years.
Our lobbying teams were also instrumental in securing State cooperation and funding to restore the
historic "Old Seven Mile Bridge", enabling us to preserve it as an important local and tourist
attraction.
Along with FAC and all Florida counties, our lobbyists were successful this session in protecting the
County's local growth management authority, safeguarding cost-share arrangements on Medicaid
and juvenile justice, and defeating a bill that would have negatively impacted the County's crisis
stabilization services.
For the 2015 session, Floridian Partners, Peebles Smith, and Capitol Insight will continue to focus on
state funding for water quality and land acquisition, wind insurance, state funding for critical services
and infrastructure, and various programmatic and financial interests as they arise in the upcoming
session.
For the specific focus area of securing funding through Amendment 1, and to assist with expanding
the allowable use of the Mayfield appropriation, Monroe County contracted with Anfield Consulting,
whose specialty and expertise is water-related state funding and appropriations, to draft new
legislation. Anfield will coordinate with our state lobbying team to advance that new legislation this
session.
Staff coordinates regularly with all of the lobbyists by phone and e-mail to strategize on key state
policy, regulatory, and budget issues. In addition, lobbyists will submit monthly memoranda to
update the Board on their lobbying activities in order to further improve communication between the
Board and their federal lobbying firm.
Please find on the following pages a listing of the proposed Monroe County 2015 state legislative
issues; with a brief discussion on each.
Page
WATER QUALITY: WASTEWATER, STORMWATER AND CANAL WATER RESTORATION
➢ SUPPORT Florida Keys Environmental Stewardship (FKES) Act which will secure dedicated funding
from Amendment 1 to preserve water quality and promote land conservation in the Florida Keys.
The new legislation will encompass the current Mayfield Authorization, and expand it to include
additional water quality improvement measures, namely storm water management and canal water
restoration. The new legislation will amend the Mayfield authorization's annual appropriation
amount and extend the term of the authorization to 20 years.
LAND ACQUISITION: CONSERVATION, PROPERTY RIGHTS, MILITARY BUFFERS
➢ SUPPORT Florida Keys Environmental Stewardship Act to secure dedicated funding from
Amendment 1 to preserve water quality and promote land conservation in the Florida Keys.
The new legislation will include an annual appropriation for land acquisition to enable Florida
Department of Environmental Protection to renew an aggressive land acquisition program in the
Florida Keys.
➢ SUPPORT Monroe County's request to the State to partner in the acquisition of land in the Florida
Keys where development is restricted by the state's designation of Monroe County as an Area of
Critical State Concern, by hurricane evacuation rules, and environmental sensitivity.
➢ SUPPORT Monroe County's request to the State to prioritize land acquisition in the Keys' Florida
Forever projects, within which DEP has identified approximately 11,000 acres remaining to be
acquired.
➢ SUPPORT Monroe County's land acquisition efforts through the military buffer land program;
specifically by supporting Monroe County's requests to DEO and Florida Defense Support Task
Force to recommend to the Board of Trustees the parcels prioritized by the military installation
located in Monroe County, the Naval Air Station Key West, as encroachment threats.
➢ SUPPORT continued State partnership with Monroe County in future property rights issues that
result from restricted development rights.
➢ OPPOSE any legislation that limits/restricts public purchase of conservation land.
WIND INSURANCE AND FLOOD INSURANCE: AFFORDABILITY AND ACCESSABILITY
➢ OPPOSE legislation that increases Citizens' wind insurance premiums.
➢ OPPOSE legislation that limits the availability of Citizens' coverage (particularly in areas such as
Monroe, where there is no reasonable degree of competition for windstorm insurance.)
➢ SUPPORT legislative fix to address provision in 2013 Citizens-related bill (SB1770) to enable owners
of already developed properties located in the Coastal Barrier Resource System areas to continue
to be eligible for Citizens wind insurance. (A one-year delay in implementation passed in 2014.)
➢ SUPPORT state legislative efforts that recognize the importance of affordable flood insurance to
home-owners and local businesses, particularly in coastal communities, and to their local
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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 related to both wind and flood
insurance affordability and availability for Monroe County.
PRESERVE COUNTY REVENUE SOURCES, STATE FUNDING LEVELS AND HOME RULE:
PRESERVE LOWEST POSSIBLE AD VALOREM TAXES
➢ SUPPORT increased State general revenue funding for State Department of Health County Health
Departments (CHDs); and oppose any further efforts that reduce state support and shift costs to
counties.
➢ SUPPORT fair and equitable State-County cost shares for Medicaid and DJJ; and oppose any further
efforts to shift cost for state costs for Medicaid and DJJ to counties.
➢ SUPPORT current level of funding from the Clean Vessel Act to enable continued water quality
protection measures to address impacts from boaters.
➢ OPPOSE any legislation that eliminates, reduces, or restricts uses of the Communications Services
Tax and the Local Business Tax.
➢ SUPPORT continued/increased state funding for local infrastructure and service needs including:
Roads and bridges, Affordable Housing, Homelessness, Elderly Social Services, Libraries, and Mental
Health and Substance Abuse.
➢ OPPOSE unfunded mandates, pre-emption of local government authority (home rule), or other
legislation that is costly and limits Monroe County's ability to serve the needs of its citizens without
requisite increases in local property taxes.
MISCELLANEOUS
➢ SUPPORT an amendment to the local option sales tax statutory requirements to include
professional services, such as legal services, as an allowable use of funds.
➢ SUPPORT an amendment to the sunshine law statutory requirements to allow for video/phone
presence at advisory committee meetings.
➢ SUPPORT an amendment to public records statutory requirements to exempt certain, specific,
sensitive information that would threaten network security, including the design, operation and
defense of computer network including passwords, personal identification numbers, access codes,
encryption, network policies or network configuration, network vulnerability information, or
information that could make electronically records information containing sensitive or critical
information vulnerable to alteration, damage, erasure or inappropriate use.
➢ SUPPORT an amendment to the Bert Harris Act to specifically provide that a County's adoption of
federal Flood Insurance Rate Maps and implementing regulations do not give rise to a cause of
action under the Bert Harris Act.
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PRIORITY: PRESERVE WATER QUALITY IN THE FLORIDA KEYS
SUPPORT Florida Keys Environmental Stewardship (FKES) Act which will secure dedicated funding
from Amendment 1 to preserve water quality and promote land conservation in the Florida Keys.
The new legislation will encompass the current Mayfield Authorization, and expand it to include
additional water quality improvement measures, namely storm water management and canal water
restoration. The new legislation will amend the Mayfield authorization's annual appropriation
amount and extend the term of the authorization to 20 years.
Discussion:
In anticipation of dedicated funding as a result of the passage off
Amendment 1, Monroe County is spearheading the drafting of
new legislation, specific to the Florida Keys that will formally
direct a dedicated, annual amount of funding for two primary
environmental purposes: water quality and land acquisition. (Sea
level rise adaptation measures may also possibly be included.)
Staff has consulted with and sought direction from State Rep.
Raschein, is coordinating with our Florida Keys partners, collecting
needs data, and has hired Anfield Consulting to help draft the bill.
We will coordinate with our lobbyists to shepherd the bill through the legislature in the coming
session.
The language in the current Mayfield authorization allows for
the $200M to be used for wastewater construction; and none
of the jurisdictions in the Florida Keys has $100M remaining in
new wastewater projects.
However, we still have other looming water quality challenges,
specifically storm water infrastructure and canal water
a!j restoration, for which the remaining $100M would be well
utilized.
Water quality projects in the Florida Keys are pursuant to the
FLORIDA
National Marine Sanctuary's Water Quality Protection
Program, administered by the U.S. Environmental Protection
Agency and the State of Florida's Department of
Environmental Protection. O of Mexico
The program is designed to restore and safeguard water "4
quality needed to protect:
• The world's third largest barrier reef,
s
• The largest seagrass meadow in the hemisphere, and F1106Stras
• More than 6,000 species of marine life.
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Moirvi oe Couirity Boardf Couirity CoirnirrflsMoiriers State LegiMative Pidoil°ifles 201.5
PRIORITY: LAND ACQUISITION TO PROTECT THE ENVIRONMENT OF THE FLORIDA KEYS,
ADDRESS PROPERTY RIGHTS, AND PROVIDE MILITARY BUFFERS
SUPPORT Florida Keys Environmental Stewardship Act to secure dedicated funding from
Amendment 1 to promote land conservation in the Florida Keys.
The new legislation will include an annual appropriation for land acquisition to enable Florida
Department of Environmental Protection to renew an aggressive land acquisition program in the
Florida Keys.
SUPPORT Monroe County's request to the State to partner in the acquisition of land in the Florida
Keys where development is restricted by the state's designation of Monroe County as an Area of
Critical State Concern, by hurricane evacuation rules, and environmental sensitivity.
SUPPORT Monroe County's request to the State to prioritize land acquisition in the Keys' Florida
Forever projects, within which DEP has identified approximately 11,000 acres remaining to be
acquired.
SUPPORT Monroe County's land acquisition efforts through the military buffer land program;
specifically by supporting Monroe County's requests to DEO and Florida Defense Support Task Force
to recommend to the Board of Trustees the parcels prioritized by the military installation located in
Monroe County, the Naval Air Station Key West, as encroachment threats.
SUPPORT continued State partnership with Monroe County in future property rights issues that
result from restricted development rights.
OPPOSE any legislation that limits/restricts public purchase of conservation land.
Discussion:
The Florida Keys is a unique and important state and federal �I�k
environmental treasure. We are an Area of Critical State Concern, a
designation given to us by the State, and one that strictly controls the
types of and places for development. The State allots a limited number
of building permits to Monroe and the municipalities—355 per year.
Further, hurricane evacuation rules require that we be able to evacuate
everyone in Monroe County within 24 hours. The recent modeling tells us that at the rate of
355 permits per year, The Florida Keys will reach the 24 hour max clearance time and 10 years
and no further development will be permitted (we will reach "build out").
Monroe County and the municipal governments have 3,550 total building allocations remaining.
However, there are approximately 11,364 vacant, privately-owned parcels. This means that in
ten years, we will have 7,814 parcels in private ownership without the ability to develop.
Monroe County and the municipal governments will only be able to permit construction on a
small fraction of those 11,364 privately-owned lots; the deficit of building permits could
trigger takings lawsuits against the County, municipal governments, and the State from
owners who have been denied the ability to build on and use their property.
The total approximate land value (using tax assessment numbers) for these 7,800 vacant,
privately-owned parcels is approximately $317M. (See Exhibit 1,for detail.)
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Exhibit l. Summary mf County-wide Vacant, Privately-Owned Parcels and Values
towlecalxnaud MC
Florida Forever --Amendment 1 L ARLEA ] NNO,VACANT PARCE1.5 V,4LLUE,*** (Doftwbw"W12
bill
There are three Florida Forever projects in the Florida Keys, within which OEP has identified
approximately 11,000 acres remaining to be acquired. These remaining acres contain o
significant portion of the vacant, privately-owned parcels, and are valued very conservatively at
approxirnate|y$52M. (See Exhibit 7)
The County requests the State to support its efforts to have the parcels within its Florida
Forever projects prioritizedforpurohase.
Exhibit 2. F|orida Forever Projects inthe Florida Keys
Project Name Category Rank Remaining Acres Assessed Value
State investment via the acquisition of land in the County^m Florida Forever projects achieves
not only habitat conservation, protection of threatened/endangered species, and water
quality protection — itm|mornitigmtemfuture potential takings challenges.
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M irvir e Couirity Boardf Couirity CoirnirrflsMoiriers State LegiMative Pidoil°ifles 201.5
Through the Monroe County Land Authority, the County has two dedicated revenue sources
through which it funds acquisition of conservation land (half of the one cent tourist impact tax,
and a State park surcharge). These sources generate about
$1.1M for land acquisition a year; at that rate it would take
about 270 years to generate the necessary funds.
The County is hopeful that with dedicated funds from the
passage of Amendment 1, the State will allocate more funds
to acquire and preserve valuable land specifically in the
Florida Keys, within and beyond our Florida Forever
projects.
Monroe is also pursuing legislation -- the proposed Florida
Key's Environmental Stewardship bill -- to dedicate an annual funding appropriation to the
Florida Keys for land acquisition by the Department of Environmental Protection.
Military Buffering
Additionally, the County is closely coordinating with our local military installation to prioritize
the purchase of lands that present significant encroachment threats
aQ,..
to the base's operation.
In 2013, the State created the Military Base Protection Program to
allow for the acquisition of state lands other than for preservation,
conservation and/or recreation, for the purpose of buffering a
military installation against encroachment; and to allow the DEO to
annually submit a list of non-conservation lands to the Board of
Trustees.
Naval Air Station Key West has prioritized four specific acquisition ,- � �•
priorities within the County's Military Installation Area of Impact
(MIAI) overlay. All four priorities represent significant encroachment threats if permitted to
develop. They are:
• North Boca Chica "Sub Pens";
• Enchanted Island;
• Gulf Seafood commercial fishing property; and
• Privately-owned, vacant land designated by the County in partnership with
NASKW.
NASKW has conveyed these priorities to the State.
The County requests that DEO and the Florida Defense Taskforce recommend to the Board of
Trustees the prioritization and acquisition of vacant, privately owned lands within the MIAI,
valued conservatively at approximately $36M.
Again, state investment through the acquisition of MIAI land is multi-purpose. It strengthens
the buffers around the NASKW Military Installation, in accordance with the statute, supports
the installation's mission —and will lessen future takings challenges.
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PRIORITY: WIND AND FLOOD INSURANCE AFFORDABILITY TO PROTECT PROPERTY AND
THE LOCAL ECONOMY
SUPPORT state legislative efforts that recognize the importance of affordable wind and flood
insurance to local home-owners, local businesses and local economies, particularly in coastal
communities, appreciating the significant contribution that vibrant local coastal economies make to
the State's economy.
OPPOSE legislation that increases Citizens' wind insurance premiums and that limits the availability of
Citizens coverage (particularly in areas such as Monroe, where there is no reasonable degree of
competition for windstorm insurance.)
SUPPORT efforts that can effectuate lower premiums for property-owners.
SUPPORT legislative fix to address provision in 2013 Citizens-related bill (SB1770) to enable owners of
already developed properties located in the Coastal Barrier Resource System areas to continue to be
eligible for Citizens wind insurance. (A one-year delay in implementation passed in 2014.)
SUPPORT state legislative efforts that recognize the importance of affordable flood insurance to
home-owners and local businesses and to the local economies, particularly in coastal communities
(communities which in turn contribute tremendously to the overall state economy); and state efforts
in support of the National Flood Insurance Program to protect and preserve affordable flood
insurance.
SUPPORT the legislative efforts of Fair Insurance Rates for Monroe related to both wind and flood
insurance affordability and availability for Monroe County.
Discussion:
Property insurance affordability is a key component in preserving the Keys' strong local
economy that is a valuable economic engine for the State, and critically important to our
residents and business community.
At the State level, this requires working with and monitoring
Citizens wind insurance to find ways to enhance affordability,
and to oppose efforts to increase premiums, reduce coverage,
and reduce eligibility. Each year Citizens lobbies the State
legislature to increase its premiums and limit its availability,
higher costs and limited coverage negatively impacts our
citizens, our real estate market and our economy.
Citizens Property Insurance is the insurer for 91% of the residential properties in Monroe
County. There is no other provider of wind insurance in Monroe County.
Monroe County opposes any legislation that increases present premiums or efforts to further
depopulate (for example, prohibiting homes over a certain market value, or second homes,
from coverage); supports changes to Citizens that can help property-owners reduce premiums
(such as recognizing Monroe's building code in mitigation credit calculations and options for
higher deductibles); and supports legislation that establishes premium rates that are
commensurate with actual risk. (Due to our low elevation, flooding and storm surge present a
greater risk in a storm event than wind.)
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Moirvi oe C uirity Board of C uirity CoirnirrflsMoiriers State LegiMative Pidoil°ifles 201.5
Affordable flood insurance is another important issue, but mainly a federal one. However,
Monroe supports state legislative efforts that may help to preserve affordable flood insurance.
Florida has the highest number of policy holders in the National Flood Insurance Program in the
country, and therefore has much at stake.
Monroe County will coordinate with and support the legislative efforts of FIRM.
PRIORITY: PRESERVE COUNTY REVENUE SOURCES, STATE FUNDING LEVELS AND HOME
RULE: PRESERVE LOWEST POSSIBLE AD VALOREM TAXES
SUPPORT increased State general revenue funding for State Department of Health County Health
Departments (CHDs); and oppose any further efforts that reduce state support and shift costs to
counties.
SUPPORT fair and equitable State-County cost shares for Medicaid and DJJ; and oppose any further
efforts to shift cost for state costs for Medicaid and DJJ to counties.
SUPPORT continued level of funding from the Clean Vessel Act to Monroe County.
OPPOSE any legislation that eliminates, reduces, or restricts uses of important sources of county
revenue, such as the Communications Services Tax and the Local Business Tax.
SUPPORT continued/increased state funding for local infrastructure and service needs including:
Roads and bridges, Affordable Housing, Homelessness, Elderly Social Services, Libraries, and Mental
Health and Substance Abuse.
OPPOSE unfunded mandates, pre-emption of local government authority (home rule), or other
legislation that is costly and limits Monroe County's ability to serve the needs of its citizens without
requisite increases in local property taxes.
Discussion:
The State Legislature frequently passes legislation that compels local governments to provide a
service, program, or benefit without providing the appropriate funding or a funding source. This
compromises local governments' ability to provide services requested by our local communities
by diverting resources to these state-directed, unfunded mandates or cost shifts. In addition, as
more and more mandates are created, local governments are faced with the burden of using local
tax dollars to finance functions that they have little control over. The state must do a better job of
truthfully identifying costs to local governments when passing new legislation and must provide
funding or a funding source for every legislative initiative that imposes a cost on counties.
County Health Department Funding
Funding for the County Health Department represents an almost $1.2 M cost shift from the State
to local County tax payers. County Health Departments are a program under the State
Department of Health. The State provides the funding for the program to bolster public health
and ensure that there is local presence and ability to mobilize locally in a public health emergency
or crisis.
)age ..`:
However, over the past several years the State has decreased its general revenue support to DOH
for County Health Departments significantly over the past several years. In addition to this, the
State also took away from County Health Departments their ability to provide primary care
services, an important revenue source for their operations.
Several years ago the State permitted County Health Departments to provide primary care
services, for which it could then collect
Medicaid and private health insurance COUNTY HEALTH DEPT. REVENUE
payments ("medical fee for service"). STREAMS
The State recognized that this service
$1,800,000 ........NON CATEGORICAL
$1,600,000
was a strong revenue source that GENERAL REVENUE
$1,400,000 7
would compensate for and enable the $1,200,000 00� MEDICAL FEE FOR
State to decrease its direct financial $1,000,000 Lulllli SERVICE
support. And this worked until the $800,000
health care reform, when the State $600,000 �'�° """"""""""""""
�'�iw, ENVIRONMENTAL
��� FEE FOR SERVICE
required that County Health $400,000
Departments stop providing primary $200,000 muuuuuuuuuuuuuuuu.wFUNDING FROM
care. As a result, County Health $- COUNTY
Departments lost an important �,°�ti°�y°�ti
revenue source, which was not <1
replaced with increased state support.
To compensate for the revenue losses, the CHD in Monroe County has come to the County for
increased support. The Health Department has increased its annual request from the County
BOCC each of the past several years.
Currently annual support from the County to the Health Department is $1.165M. From $510,000
in 2008, this is a 100% increase. Further, the $1.16 does not include the value of the space and
network/tech support provided to the Health Department by the County at no charge.
Medicaid Cost-Share
Medicaid is an example of a County "cost share". For FY '14, Monroe County's Medicaid cost-
share is$725K. (It is paid with ad valorem taxes.)
Medicaid is a health insurance program for the very poor and is jointly funded by the federal
government (59%) with a match by the state (41%). In Florida, the state requires counties to
share in its match portion. Only 22 states require this match from local governments.
The formula for the county portion of the match was changed by the legislature in 2012, from a
claims-based monthly billing system to a fixed formula based on the respective number of
Medicaid enrollees in each county. There is a seven year transition period to move us from one
system to the other.
For Monroe County, the new formula is favorable and as we transition through the seven year
period, our costs are projected to stay flat for next two years, and then decrease modestly.
Projections for Monroe are: FY'15/16: $727K; FY'16/17: $724K; FY'17/18: $687K; FY'18 19:
667K• FY'19/20: $666K.
However, for many other Counties this new formula based on enrollment results in substantial
cost increases and they are not happy, so FAC convened a Working Group to look at alternatives
Ian(>e 14
M irvir e Couirity Board of Couirity CoirnirrflsMoiriers State LegiMative Pidoil°ifles 201.5
to distribute the costs. Monroe monitored this group's discussion; and participated as a member.
The proposed solution to the State is one that caps the increases for those Counties with high
cost-shares, while not impacting the Counties for whom the formula works. FAC's Working Group
developed a legislative proposal that will cap annual increases on individual Counties (the cap has
not yet been determined; it could be anywhere from 3-7%), without otherwise changing the
formula. Therefore, it helps the Counties with high growth in Medicaid enrollees, without
impacting the Counties with low or no growth, like Monroe.
However, this proposal will require that the State contribute additional funds to offset the cost.
There is no assurance that the State will agree, so this issue requires continued monitoring to
ensure that the formula doesn't change to one less fair or less favorable for Monroe.
Medicaid Expansion
Medicaid expansion is an issue will be raised again this session because there is so much money
at stake and many stakeholders but it is not likely to be taken up by the current legislature.
Though Gov. Scott supports Medicaid expansion he hasn't pressed the issue in the Legislature and
the new House speaker has already come out strongly against.
There are between 800,000 and 1M Floridians affected by this issue. Florida hospitals, with a $6B
Medicaid budget, are some of the biggest losers without Medicaid expansion and they will
continue to pressure the legislature.
Because the County has a required Medicaid cost-share, because county dollars are used for local
health programs that serve low-income/uninsured, and because the county has a local match
requirement for state health programs that serve the uninsured (substance abuse/mental health),
the County is also stakeholder in this issue.
FAC has included a new statement in support of Medicaid expansion in its 2015 Legislative
agenda:
"Healthcare Expansion: SUPPORT state legislation drawing down the federal funds
made available to Florida under the Patient Protection and Affordable Care Act to
expand health insurance coverage to certain individuals who earn up to 138
percent of the federal poverty level, provided that such a program does not
further shift Medicaid costs to counties."
Medicaid eligibility in Florida is limited to certain groups of impoverished individuals: low-income
children and some of their parents (family income must be no more than 35% of the federal
poverty level or $6,930 for a family of three); poor pregnant woman; certain low-income seniors;
and some individuals with disabilities who are under the age of 65. Florida does not provide
Medicaid coverage for adults without dependent children, including low income, uninsured
workers.
With Medicaid expansion under the Affordable Care Act, Medicaid eligibility will be extended to
all impoverished families and individuals (with incomes up to 138 percent of the federal poverty
level or $27,210 for a family of three) including groups who are currently left out of public health
coverage such as low-income, able-bodied parents, low-income adults without children, and
many low-income individuals with chronic mental illness or disabilities, who struggle to maintain
jobs but don't currently meet disability standards for Medicaid.
fage 1
The costs for new Medicaid enrollees would be paid for by the federal government 100% for first
three years, then phased down to 90% until 2020, and thereafter remains at 90%. This equates to
approximately $51B in federal funding for the State. Kaiser estimates that the total cost to the
state if it chooses to extend Medicaid coverage would be about 3 percent more than the state
currently spends each year on Medicaid.'
And, this doesn't include the offset of potential savings to the state, by letting the state and
counties reduce their contributions to an assortment of state and local government-funded safety
net programs. Many of those low income participants who don't currently qualify for Medicaid
and whose medical services are funded through state programs (with a lot of local government
funding) like the Medically Needy, child and maternal health, AIDS, rural health, in patient care
for prisoners, and mental health and substance abuse would be now covered by Medicaid and
federally subsidized health insurance.
Juvenile Detention Cost-Share
This is also a "cost-share." Monroe pays $245K for FY '14; this is paid out of ad valorem.
The main issue is the proportionate share between the County and the State. Traditionally
Counties have paid 75% and the State 25%. Several counties challenged this cost share and
prevailed. However there was no specific direction about what the exact cost share should
be. The counties that litigated believe the cost share should be in the area of 32% for the
Counties. This past year, DJJ seemed to have agreed with this interpretation. However, DJJ's
interpretation changed, without any explanation to the Counties. DJJ now believes the cost
share, based on new definitions and rule changes will be approximately 57%for the Counties.
The explanation for the different cost share percentages lies in the interpretation of the definition
of "Post Disposition" days. Counties are responsible for all pre-disposition days; the State is
responsible for all post-disposition days. When a youth is on probation, which is post disposition,
the State is responsible for all days.
But what happens when a youth violates that probation by committing a new crime, and ends up
back in detention? FAC and the litigating counties believe it was the court's decision that all days
that a youth is on probation, whether or not he/she ends up back in detention due to a violation
of probation, are the State's responsibility. DJJ's new draft rule reflects the thinking that the
Counties are responsible in the case of a violation of probation, since the violation of probation is
a created by a new offense.
The rule is currently being challenged by FAC, and 25 counties joined with separate petitions. The
litigation was stayed while FAC tried to broker a compromise with legislators for a 50-50 share
this past session. That effort failed, so the legal challenge continues. (The County has determined
that Monroe's stake in this issue did not reach the threshold to join the litigating counties.)
Monroe's DJJ Cost-share with state: FY'13: 399K; FY '14: 245K; FY '15: $169K. (Some of the
decrease from FY 14- FY 15 is also attributable to fewer youth arrests.)
i Kaiser Commission on Medicaid and the Uninsured,The Cost and Coverage Implications of the ACA Medicaid Expansion: National and
State by State Analysis;November 2012 I .............. )•
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M irvir e Couirity Board of Couirity CoirnirrflsMoiriers State LegiMative Pidoil°ifles 201.5
CST and Local Business Tax
The Communication Service Tax (CST) is a tax on telephone services, cable services and wireless
service (does not tax email, internet or prepaid). The CST is a source of revenue for the state and
local governments. Local governments have wide discretion for the use of the revenue. And, local
governments have discretion to set their own rates. There are currently 122 different local rates
statewide. Monroe County's rate is 1.64%the maximum rate permitted for a non-charter county.
Monroe County's revenue from CST tax: FY '13: $641K; FY'14: $680K (unaudited); FY '15: $630K
(state estimate.) The revenue is directed, by statute, to one of the County's General Purpose
MSTUs, which funds growth management, Fire Marshall and parks and beaches. (A very small
amount of the CST also comes down with our infrastructure sales tax revenue; and as such it's
important to note that the CST revenue is pledged to secure debt.)
Because these different rates cause consumer confusion, and because internet access, email
services, and prepaid calling arrangements (cards and cellphones) are not included in the CST and
account for approximately 25% to 40% of all wireless phone use and therefore create competitive
disadvantages, the legislature has attempted fixes in the past several sessions. Bills were drafted
that would repeal local government authority to levy the CST and revise rates; fortunately none
passed.
The legislature will have to address this issue again this session. FAC's position is to support
legislative changes to the CST to address the competitive disadvantages and the confusing rate
structure as long as changes are revenue neutral and local discretion in the use of the revenue is
maintained.
The Local Business Tax is a tax imposed by counties and municipalities on businesses, professions,
occupations operating in their jurisdictions. This tax has been the subject of legislation in recent
sessions seeking to eliminate it, reduce it, etc. We expect the same efforts this year.
Monroe County's revenue from Local Business Tax: FY'13: 417K; FY '14: 434K; (no state
estimate is available for FY '15). The County directs these revenues to its general fund. It's
important to note here that these revenues are also pledged to secure debt.
Unfunded mandates, pre-emption of local government authority (home rule)
Home Rule is the principle that the government closest to the people is the appropriate authority
to serve the needs and requirements of the community. Home rule is the right of the people to
determine and implement a public purpose at the grassroots level.
Home rule power is 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. The preservation of this
fundamental democratic 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.
fage17
IIIIII IIIIIII IIIIII� IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�II�IIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIII � ���� ���� IIII �III � ���� �IIIIIIIIIIIIIIIIII IIIII IIIIIIII IIIII
GROWTH MANAGEMENT/ENVIRONMENTAL REGULATION
OPPOSE legislation that prevents counties from having local environmental protection programs that
are stricter in nature than state or federal regulatory programs.
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 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 the continued designation of the Florida Keys as an Area of Critical State Concern.
SUPPORT the current case law definition of the "ordinary high water mark" delineating state lands
from lands in private ownership and OPPOSE any changes to the definition which have the effect of
transferring large quantities of wetlands and uplands from state ownership to private ownership.
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 legislation that provides additional state and local funding sources and statutory provisions
to assist local governments in the following: 1) the acquisition of property or the securing of
development rights resulting in the preservation or enhancement of public access to Florida water
bodies; 2) the preservation of recreational and commercial working waterfronts.
SUPPORT continued Clean Vessel Act funding to Monroe County, and
state efforts to secure higher level of CVA funding from Federal Fish
and Wildlife Service.
Nl-
SUPPORT continued state and local regulation of vessels, mooring
fields bulkheads and seawalls floating vessel platforms and
seagrasses in order to protect water quality.
OPPOSE further dilution of county authority to regulate vessels and
waterways.
SUPPORT county home rule authority, and current statutory provisions, which allow counties to
retain their current transportation concurrency systems, as adopted by local ordinance.
OPPOSE legislation that preempts local government's ability to establish and maintain local
ordinances which regulate billboards.
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AFFORDABLE HOUSING
SUPPORT full appropriation of Sadowski Housing Trust Fund monies for affordable housing.
SUPPORT the Florida Keys set-aside in the State's competitive Low Income Housing Tax Credit
program.
Discussion:
State Housing Initiative Partnership Program (SHIP) funding has
been an integral part of the success of affordable housing programs
in the State, and is well utilized in Monroe. SHIP is funded by the ������� :
Sadowski Trust Fund, whose money is generated by documentary 11! ,
stamp taxes.
Reversing a trend of sweeping housing trust fund monies into the
State's general revenue, this past session, the State (almost) fully ��j
funded the SHIP program. Monroe County supports continued fullrrrr���,,.
funding for Florida's affordable housing programs.
There is some concern about the impact that Amendment 1 will have on affordable housing funds,
since they both rely on the same source of funding, documentary stamp tax revenues. It is too
early to tell.
HOMELESSNESS
SUPPORT legislation that creates a dedicated state funding source for homelessness programs and
services.
SUPPORT legislation that streamlines current state statutes relating to homelessness and associated
programs.
SUPPORT continued coordination with the state's homeless planning council, specifically as it
develops policies in support of the new Federal Strategic Plan to end Homelessness.
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.
SUPPORT the implementation of discharge protocols and/or procedures for hospitals, mental health
facilities, and correctional facilities when releasing homeless persons.
Discussion:
Monroe County has the highest per capita homeless population in the state of Florida. The County
and its municipalities invest millions of dollars each year to address this issue.
During last session, HB 979 passed that provides a steadier funding source for homeless challenge
grants, as well as provide training and technical assistance for homelessness continuums of care.
The final version of the bill allocated $4M for homeless challenge grants each year, though this will
be subject to a legislative appropriation each year, absent a statutory change.
fage1..
HEALTH AND SOCIAL SERVICES
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).
zo o , OPPOSE efforts to decentralize the public health system by transferring
�� - i authority over CHDs from the DOH to the respective county
governments, any state reductions to the County Health Department
.O .RC� COUNTY
Trust Funds; and any efforts, legislative or otherwise, to limit or eliminate
the provision of primary care services in CHDs.
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 increased funding for core mental health and substance abuse services; and continued
efforts to work through Medicaid reform initiatives to ensure that persons with substance abuse and
mental health treatment needs are appropriately served. SUPPORT efforts to increase supportive
housing, employment and education initiatives for people with behavioral health issues and/or
disabilities.
SUPPORT appropriate funding as outlined in the existing state capacity formula for crisis mental
health and substance abuse beds statewide (Baker Act).
SUPPORT increased funding of the Criminal Justice Mental Health and Substance Abuse
Reinvestment Grant Program with recurring dollars in a trust fund. SUPPORT sustainable matching
state funds to counties that have received both planning and implementation Reinvestment Grant
funds.
SUPPORT efforts to increase supportive housing, employment and education initiatives for people
with behavioral health issues and/or disabilities.
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.
SUPPORT continuation of funding for the Florida Healthy Start and Healthy Families program.
LIBRARIES
SUPPORT full funding of State Aid to Libraries based on the current statutory formula that provides
counties 25 cents for every local dollar spent.
SUPPORT measures that ensure decisions and policies regarding county libraries are made at the
local level.
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Moirvi oe Couirity Board of Couirity CoirnirrflsMoiriers State LegWative Pidoil°ifles 201.5
TRANSPORTATION
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 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.
SUPPORT redirecting the 2009 Motor Vehicle License Fee, Title Fee, and Initial Registration Fee
surcharges from the General Revenue Fund to the State Transportation Trust Fund, which funds the
important SCOP program.
EMERGENCY MANAGEMENT AND STATE FUNDING AND/OR ASSISTANCE FOR OUT OF
COUNTY SHELTERING
SUPPORT assistance for building/identifying Out of County Shelter for 11l
residents of Monroe County in cases of mandatory evacuation during storm-
related events and other emergencies. � �
SUPPORT state funding for county Emergency Operations Centers to ensure
each is able to meet the minimum structural survivability and operational ��/j���/�
space criteria established by the state and federal government. '
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.
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-parce
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
� F
is distributed.
'2Gf/
SUPPORT a 50/50 cost-share arrangement with the state for the non-federal
%j°ii,; portion of the Hazard Mitigation Grant Program (HMGP) and the current HMGP
fund allocation and project selection process developed by the DCA, and as defined in Rule 9G-22,
Florida Administrative Code.
Page 21
SUSTAINABILITY/ADAPTATION
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.
SUPPORT state legislation that recognizes adaptation and mitigation as
critical climate change needs, 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 the 2015 legislative initiatives of the SE Florida Regional Climate Compact's State Energy
and Climate Legislative Program.
RECYCLING AND SOLID WASTE
SUPPORT reinstating state funding of Solid Waste Management Grants.
SUPPORT legislation that provides appropriate resources and incentives to local governments to
achieve any statewide recycling goals.
OPPOSE legislation that imposes fees or taxes on local governments for collecting waste, which is an
essential governmental service.
SUPPORT removing the exemption in s.403.7046(3), F.S., that prohibits local government from
requiring commercial establishments that generate source-separated recovered
materials to convey such materials to the local government or to a facility
designated by the local government for recycling.
p OPPOSE preemption of county authority to franchise and otherwise regulate
C&D haulers, recyclers, or disposal facilities.
PACE (PROPERTY ASSESSED CLEAN ENERGY)
SUPPORT state efforts to encourage/request that federal regulatory agencies (FHFA, Freddie Mac,
Fannie Mae) reconsider their opposition to the program, so that Florida's local governments can
implement residential PACE programs.
SUPPORT amending statutory language to clarify that in addition to energy retrofits and wind
mitigation, that flood mitigation is also an allowable use.
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M irvir e Couirity Board of Couirity CoirnirrflsMoiriers State LegiMative Pidoil°ifles 201.5
Discussion:
Property Assessed Clean Energy (PACE) is a financing tool that allows a homeowner to receive
low-interest financing for energy efficiency and renewable energy improvements, thereby saving
that homeowner money on their utility bills (and conceptually, at least on insurance premiums).
PACE financing is repaid through a voluntary long-term assessment on a homeowner's property
taxes over a 15-20 year time period. If a homeowner sells their property, the repayment
obligation, as well as the benefits of the energy improvements, transfers to the next
homeowner.
This type of funding program is important in that it not only enables the affordable financing of
energy retrofits, but also wind mitigation retrofits, which will be help property owners reduce
their wind insurance premiums. In the future, other types of improvements may be permissible
under the State's PACE Statute, Section 163.08, F.S. (For example, in light of changes to the
National Flood Insurance Program, it's possible that PACE programs could be used to help
homeowners finance flood mitigation to tackle rising flood insurance premiums.)
In 2010, Fannie Mae and Freddie Mac chose to stop underwriting
mortgages with PACE assessments. The Federal Housing and
Finance Agency (FHFA), the Federal Home Loan Mortgage
Corporation (Freddie Mac), and Federal National Mortgage
Association (Fannie Mae) have said that PACE financing is too e
risky, because PACE loans take a first lien position — meaning they
are paid back first, ahead of mortgage companies, in the event of ��
a mortgage default. Therefore, FHFA directed Fannie/Freddie to
take actions to restrict mortgage lending opportunities and lower
credit lines for homeowners who live in local governments that offer home energy retrofit
programs. These actions halted the implementation of residential PACE programs.
Slowly, there are changes happening. With the strengthening of the housing market, and a new
director at FHFA, the agency has quieted its objections, and residential PACE programs are slowly
coming back online. And just this month, FHFA, while not acknowledging any change in its
official position, has reportedly reached deals with lenders that will permit Fannie and Freddie to
purchase mortgages for homes participating in PACE programs.
So far, 31 states have passed legislation enabling PACE financing, and thousands of residential
PACE projects completed since 2008, despite the fact that FHFA's position curtailed the
development of the program.
OIL DRILLING
OPPOSE efforts to lift the ban on oil drilling within Florida's territorial waters.
OPPOSE oil drilling on state lands. �41.
OPPOSE hydraulic fracturing or "fracking."
SUPPORT the recommendations of the Florida Commission On Oil Spill
Response Coordination for changes to state and federal laws and regulations
)age 2°3
which will improve response capabilities and processes to protect Florida's communities and natural
resources, per its December 2012 report "Recommendations for Improving Oil Spill Planning and
Response Capabilities in Florida."
RESTORE ACT FUNDING
Continued SUPPORT for the Resources and Ecosystems Sustainability, Tourist Opportunities, and
Revived Economies ("RESTORE") of the Gulf Coast Act of 2012, and on-going coordination of all
parties to ensure the funding of programs and projects related to the environmental and economic
health of the counties along Florida's Gulf coast.
SUPPORT Monroe County's water quality projects pursuant to state and federal requirements to
improve the quality of nearshore waters to protect the Florida Keys National Marine Sanctuary.
Discussion:
Several water quality and environmental projects have been submitted from Monroe County, its
municipalities and its stakeholders consistent with and in furtherance of the National Sanctuary's
protection plan. We urge state support for funding for Monroe's RESTORE Act projects.
The Florida Keys National Marine Sanctuary's Water Quality
Protection Plan program's goal is to protect the fragile, extremely
valuable and unique Florida Keys ecosystem that supports essential
habitats and precious sea life throughout the Gulf region.
It supports over 6,000 species of fish, invertebrates and plants,
including the only living coral reef in the continental United States.
This ecosystem supports a fisheries and tourism-based economy
that generates $613 of economic activity per year.
The Sanctuary's Water Quality Protection Program, mandated by Congress and developed jointly
with EPA, NOAA, the State of Florida and the County of Monroe, is a comprehensive set of fully
vetted and scientifically-based projects centered on critical ecosystem components: near shore
water quality (wastewater and storm water infrastructure), coral reef preservation, sport and
commercial fisheries sustainability, and habitat protection.
PENSION CHANGES
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 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.
Discussion:
The State legislature has sought changes to the FRS in each of the past few sessions. Recent
changes include increasing the employee contribution. Recent efforts have included closing
the traditional pension plan to all new employees and making it compulsory for them to join
Ian(>e 24.
the defined contribution/investment plan. Reform efforts are explained as attempts to
stabilize and strengthen the pension plan. Florida has one of the strongest pension plans in
the country, and continues to perform well.
TOURIST DEVELOPMENT TAX/SALES TAX
SUPPORT legislation that would clarify that online travel companies are liable for tax on the
difference between wholesale and retail price of lodging.
Pag
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
**+* Mayor Danny Kolhage, District 1
BOCC1@monroecounty-fl.g 305-292-3440
**+* Mayor Pro Tern Heather Carruthers, District 3
BOCC3@monroecounty-f1.g 305-292-3430
-*.- George Neugent, District 2
BOCC2@monroecounty-f1.g 305-292-4512
David Rice, District 4
gov 305-289-6000
❖ Sylvia Murphy, District 5
BOCC5@monrocounty-fl.gov 305-453-8787
COUNTY ADMINISTRATOR
Roman Gastesi
Gostesi-roman@monroecounty-fl.gov
Office: 305-292-4441
Cell:305-394-1332
Director of Legislative Affairs
Lisa Tennyson
Tennyson-lisa@monroecounty-fl.gov
Office: 305-292-4444
1100 Simonton Street, Suite 2-205
Key West, FL 33040
LEGISLATIVE CONSULTANTS:
Robert Reyes, Floridian Partners, Tallahassee, Fl 850-681-0024
John Wayne Smith, Peebles & Smith,Tallahassee, Fl 850-681-7383
Frank Bernadino/ Lee Killinger, Anfield Consulting, Tallahassee, 866-960-5939
Page 26
Monroent
Florida's 38th most populous county Isiamorada
with 0.4%of Florida's population Marathon.
on.
KeyhJ4lr West,
II'101pullatiienn Ilio uaiilrng
Census Population Monroe County Florida Housing Counts Monroe County Florida
1980 Census 63,188 9,746,961 Housing units,2000 Census 51,617 7,302,947
1990 Census 78,024 12,938,071 Occupied 35,086 6,337,929
%change 1980-90 23.5% 32.7% Owner-occupied 21,893 4,441,799
2000 Census 79,589 15,982,824 Renter-occupied 13,193 1,896,130
%change 1990-00 2.0% 23.5% Vacant 16,531 965,018
2010 Census 73,090 18,801,332 Housing units,2010 Census 52,764 8,989,580
%change 2000-10 -8.2% 17.6% Occupied 32,629 7,420,802
Owner-occupied 18,501 4,998,979
Hispanic or Latino 15,071 4,223,806 Renter-occupied 14,128 2,421,823
%Hispanic or Latino 20.b% 22.5% Vacant 20,135 1,568,778
Under 18 years of age 11,001 4,002,113
%Under 18 years of age 15.1% 21.3% Units Permitted
65 years of age and over 12,469 3,259,602 1990 791 126,384
%65 years of age and over 17.1% 17.3% 2000 203 155,269
Median Age 46.4 40.7 %change 1990-2000 -74.3% 22.9%
2010 271 38,679
Estimates and Projections %change 2000-10 33.5% -75.1%
2013 Estimate 73,560 19,259,543 2012 221 64,810
%change 2010-13 0.6% 2.4% %change 2010-12 -18.5% 67.6%
2015 Projection based on 2012 estimate 72,328 19,750,577
%change 2010-15 -1.0% 5.0% Popaulakolrn Ihnalractelrstlics
2020 Projection based on 2012 estimate 71,050 21,141,318
%change 2015-20 -1.8% 7.0% Monroe County Florida
Language spoken at home other than
Density English
Persons per square mile Persons aged 5 and over 23.7%+/-1.1% 27.3%+/-0.1%
2000 79.8 296.4 Place of birth
2010 74.3 350.6 Foreign born 18.0%+/-1.1% 19.3%+/-0.1%
2013 74.8 359.2 Veteran status
Civilian population 18 and over 13.0%+/-0.9% 10.8%+/-0.1%
Iliouuaelhollda and If alrrmiilly IIiou selh ollds
Residence 1 Year Ago
Households Monroe County Florida Persons aged 1 and over
Total households,2000 Census 35,086 6,338,075 Same house 85.2%+/_1.2% 83.7%+/_0.1%
Family households,2000 Census 20,387 4,210,760 Different house in the U.S. 14.1%+/-1.1% 15.5%+/-0.1%
%with own children under 18 35.9% 42.3% Different county in Florida 3.3%+/-0.7% 3.0%+/-0.1%
Total households,2010 Census 32,629 7,420,802 Different county in another state 4.5%+/-0.8% 2.7%+/-0.1%
Family households,2010 Census 18,219 4,835,475 Abroad 0.7%+/-0.3% 0.8%+/-0.1%
%with own children under 18 32.7% 40.0% margin of error based on a 90%confidence level.
Average Household Size,2010 Census 2.18 2.48
Average Family Size,2010 Census 2.70 3.01
A-Mmg t.Cen d0miti. ,a household mdudes ail I the people who ocmpya housing unit.The ocapants may bea rngiefaMY,one person INingalone,two or mare fa k,Wing together,orany other group I related orunrelated people whoshare Wing quarters.AfaMy mdudesa
,o ,hdderand one or more o 11 people i!in mthem houehdd whoare relatedt.the householder by birth,marziage,or a pti n
Lenses moots may be mrzec[ed far Lenses C-t Question Remiutian(LQR).
Il::::lrmllplloylrnelrnt lby Industry
Number of Establishments,2012 Monroe County Florida Percent of All Establishments,2012 Monroe County Florida
All industries 4,275 615,137 All industries 4,275 615,137
Natural Resource&Mining 29 5,332 Natural Resource&Mining 0.7% 0.9%
Construction 513 57,600 Construction 12.0% 9.4%
Manufacturing 57 18,370 Manufacturing 1.3% 3.0%
Trade,Transportation and Utilities 967 139,949 Trade,Transportation and Utilities 22.6% 22.8%
Information 69 10,214 Information 1.6% 1.7%
Financial Activities 477 65,545 Financial Activities 11.2% 10.7%
Professional&Business Services 693 139,196 Professional&Business Services 16.2% 22.6%
Education&Health Services 283 64,254 Education&Health Services 6.6% 10.4%
Leisure and Hospitality 707 52,481 Leisure and Hospitality 16.5% 8.5%
Other Services 375 52,751 Other Services 8.8% 8.6%
Government 103 6,723 Government 2.4% 1.1%
i,A-les may not add to the total due t-fid-tiaiity and-dassifled
Monroe County Page 2
II:::'.Irnlpll®ylrneint lby Illrndua tlry
Average Annual Employment,
%of All Industries, 2012 Monroe County Florida Average Annual Wage,2012 Monroe County Florida
All industries 36,520 7,340,972 All industries $37,676 $43,210
Natural Resource&Mining 0.6% 1.2% Natural Resource&Mining $35,703 $27,002
Construction 5.8% 4.7% Construction $35,987 $41,561
Manufacturing 0.5% 4.3% Manufacturing $34,717 $53,284
Trade,Transportation and Utilities 18.5% 20.9% Trade,Transportation and Utilities $31,706 $38,621
Information 1.1% 1.8% Information $54,017 $66,822
Financial Activities 5.6% 6.7% Financial Activities $40,950 $61,401
Professional&Business Services 7.2% 14.6% Professional&Business Services $64,690 $53,128
Education&Health Services 7.7% 14.9% Education&Health Services $45,108 $45,165
Leisure and Hospitality 34.1% 13.6% Leisure and Hospitality $26,771 $22,304
Other Services 3.4% 3.2% Other Services $32,306 $30,377
Government 15.4% 14.0% Government $52,207 $47,898
i,A-1es may notadd to the total due m-fidentiaitty and un l-ffl,d
11 alboir If'®Irce
Labor Force as Percent of Population
Aged 18 and Older Monroe County Florida Unemployment Rate Monroe County Florida
1990 63.6% 64.3% 1990 2.7% 6.3%
2000 68.5% 63.8% 2000 2.9% 3.8%
2010 74.3% 61.7% 2010 7.1% 11.3%
2013* 79.2% 61.8% 2013* 4.0% 7.0%
preliminary
Ilncoinne and If iilnlalnicliall II•leallth
Personal Income($000s) Monroe County Florida Per Capita Personal Income Monroe County Florida
1990 $1,756,283 $253,324,396 1990 $22,448 $19,437
2000 $3,022,845 $466,644,105 2000 $38,038 $29,079
%change 1990-2000 72.1% 84.2% %change 1990-00 69.4% 49.b%
2010 $4,061,104 $725,436,258 2010 $55,479 $38,493
%change 2000-10 34.3% 55.5% %change 2000-10 45.9% 32.4%
2011 $4,079,343 $761,303,232 2011 $55,119 $39,896
%change 2010-11 0.4% 4.9% %change 2010-11 -0.6% 3.6%
2012 $4,245,050 $792,255,386 2012 $56,745 $41,012
%change 2011-12 4.1% 4.1% %change 2011-12 2.9% 2.8%
Earnings by Place of Work($000s) Median Income
1990 $947,161 $161,178,093 Median Household Income $53,418+/-$1,845 $47,309+/-$189
2000 $1,686,999 $312,145,185 Median Family Income $63,901+/-$3,133 $57,128+/-$266
%change 1990-2000 78.1% 93.7% +/-=margin of error based on a 90%confidence level.
2010 $2,116,447 $438,536,041
change 2000-10 25.5% 40.5% Percent in Poverty,2012
2011 $2,138,209 $449,707,599 All ages in poverty 14.0% 17.2%
%change 2010-11 1.0% 2.5% Underage 18 in poverty 20.8% 25.6%
2012 $2,233,172 $469,206,462 Ages 5-17 in families in poverty 20.3% 24.1%
%change 2011-12 4.4% 4.3%
II:::'.ducatio n
Personal Bankruptcy Filing Rate
(per 1,000 population) Monroe County Florida Public Education Institutions Monroe County Florida
2011 3.26 4.76 Total 19 3,540
2012 2.58 4.06 Elementary 5 1,934
State Rank 36 NA Middle 0 604
Note:Florlda numbers exclude nnlaml-Dade county. Senior High 5 617
Combination 9 385
& uualliity of Il....iiffe
Educational attainment
Crime Monroe County Florida Persons aged 25 and older
Crime rate,2012(index crimes per
100,000 population) 5,105.8 3,805.8 %HS graduate or higher 89.3%+/-1.1% 85.5%+/-0.1%
Admissions to prison FY 2012-13 225 33,295 %bachelor's degree or higher 27.8%+/-1.5% 26.0%+/-0.1%
Admissions to prison per 100,000 +l-=margin of error based on a 90%confidence level.
population FY 2012-13 305.9 172.9
Workers Aged 16 and Over
Place of Work in Florida
Worked outside county of residence 4.7%+/-0.7% 17.5%+/-0.1%
Travel Time to Work
Mean travel time to work(minutes) 18.8+/-0.9 25.8+/-0.1
+l-=margin of error based on a 90%confidence level.
Monroe County Page 3
IlRelpolrte d County Government Revenues s and IE.Expeindiituulre s
Revenue 2011-12 Monroe County Florida* Expenditures 2011-12 Monroe County Florida*
Total-All Revenue Account Codes Total-All Expenditure Account Codes
($OOOS) $323,383.8 $34,425,008.3 ($OOOs) $ 308,819.2 $ 34,385,709.0
Per Capita$ $4,436.17 $1,891.00 Per Capita$ $ 4,236.38 $ 1,888.84
of Total 100.0% 100.0% %of Total 100.0% 100.0
Taxes General Government Services**
($OOOS) $123,106.0 $10,666,412.1 ($OOOS) $ 41,614.4 $ 6,203,886.6
Per Capita$ $1,688.77 $585.92 Per Capita$ $ 570.87 $ 340.78
of Total 38.1% 31.0% %of Total 13.5% 18.0
Permits,Fee,and Special Assessments Public Safety
($OOOS) $5,980.5 $1,193,666.3 ($OOOS) $ 95,262.7 $ 7,813,840.4
Per Capita$ $82.04 $65.57 Per Capita$ $ 1,306.81 $ 429.22
of Total 1.8% 3.5% %of Total 30.8% 22.7
Intergovernmental Revenues Physical Environment
($OOOS) $53,248.8 $4,346,473.9 ($OOOS) $ 23,168.8 $ 4,014,821.8
Per Capita$ $730.47 $238.76 Per Capita$ $ 317.83 $ 220.54
of Total 16.5% 12.6% %of Total 7.5% 11.7
Charges for Services Transportation
($OOOS) $67,721.7 $10,959,204.3 ($OOOS) $ 17,334.9 $ 4,159,690.0
Per Capita$ $929.01 $602.00 Per Capita$ $ 237.80 $ 228.50
of Total 20.9% 31.8% %of Total 5.6% 12.1
Judgments,Fines,and Forfeits Economic Environment
($OOOS) $1,216.1 $141,680.8 ($OOOS) $ 27,301.5 $ 1,279,096.8
Per Capita$ $15.68 $7.78 Per Capita$ $ 374.52 $ 70.26
of Total 0.4% 0.4% %of Total 8.8% 3.7
Miscellaneous Revenues Human Services
($OOOS) $4,992.4 $996,360.7 ($OOOS) $ 24,503.5 $ 3,027,557.9
Per Capita$ $68.49 $54.73 Per Capita$ $ 336.14 $ 166.31
of Total 1.5% 2.9% %of Total 7.9% 8.8
Other Sources Culture/Recreation
($OOOS) $67,118.2 $6,121,210.3 ($OOOS) $ 4,523.9 $ 1,383,527.9
Per Capita$ $920.73 $336.24 Per Capita$ $ 52.06 $ 76.00
of Total 20.8% 17.8% %of Total 1.5% 4.0
Other Uses and Non-Operating
($OOOS) $ 66,806.0 $ 5,598,084.4
*All County Governments Except Duval-The consolidated City of Jacksonville/Duval County Per Capita$ $ 916.44 $ 307.51
figures are included in municipal totals rather than county government totals. %of Total 21.6% 16.3
Court-Related Expenditures
*'(Not Court-Related) ($OOOS) $ 8,303.6 $ 905,203.2
Per Capita$ $ 113.91 $ 49.72
of Total 2.7% 2.6
State;IllrnflrastirLuct ulre State and II...00all'T'axadoin
Transportation Monroe County Florida 2013 Ad Valorem Millage Rates Monroe County
State Highway County-Wide Not County-Wide*
Centerline Miles 119.3 12,085.9 County 3.1380 0.9798
Lane Miles 301.7 43,337.4 School 3.6810
State Bridges Municipal 1.3930
Number 58 6,702 Special Districts 0.5069 0.5126
-MSTU included in Not County-Wide"County"category
State Facilities
Buildings/Facilities(min.300 Square Feet)
Number 160 15,493
Square Footage 619,223 214,003,935
State Lands
Conservation Lands
Parcels 2,064 38,277
Acreage 78,808.8 3,151,774.9
Non-Conservation Lands
Parcels 106 5,859
Acreage 553.6 163,209.3
Prepared by: r
Florida Legislature 1'ir CJIr'.
Office of Economic and Demographic Research
111 W.Madison Street,Suite 574
Tallahassee,FL 32399-6588
(850)487-1402 http://edr.state.fl.us February 2014