Item Q05 Q.5
Coty f � ,�� ,' BOARD OF COUNTY COMMISSIONERS
�� Mayor David Rice,District 4
The Florida Keys � Mayor Pro Tem Craig Cates,District 1
y � Michelle Coldiron,District 2
James K.Scholl,District 3
Ij Holly Merrill Raschein,District 5
County Commission Meeting
November 15, 2022
Agenda Item Number: Q.5
Agenda Item Summary #11365
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 2023 State Legislative Agenda.
ITEM BACKGROUND: Staff is seeking Board approval of the issues presented herein to be
included in the County's 2023 State 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 2023 State legislative session; and
welcomes the addition or deletion of issues that the Board deems appropriate for the County's 2023
legislative efforts.
Most of the County's legislative efforts are incremental and focused on issues that are built upon
throughout several sessions, such as our water quality and land acquisition needs, the importance of wind
insurance affordability, and protection of grandfathered vacation rental regulations; these efforts will
continue to be legislative priorities in the 2023 session. Each year the agenda also reflects changes or
additional tasks in response to new challenges, new ideas for existing challenges,or new opportunities for
funding sources.
Important priorities this session include securing the full Florida Keys Stewardship Act appropriation
and having the Florida Keys Stewardship Act included as a funded project in State's Land
Acquisition Trust Fund.The Land Acquisition Trust Fund ("LATF") is funded with documentary stamp
taxes directed there by Amendment 1. Projects currently funded in the LATF include some of the State's
highest environmental priorities, such as Everglades Restoration and springs restoration. Inclusion of the
Keys' Stewardship Act into the LATF would elevate our Stewardship Act to Statewide importance and
help secure annual funding.
Another top priority is to secure resiliency funding from the State's new Resilient Florida Grant
Program, for the projects the County submitted to the state in September. We also will use our resources
to support the County's grant applications with DEM for home elevations,buyouts, and rebuild.
We will continue to work to protect our marine environment by addressing the proliferation of derelict
vessels by developing new mooring fields and seeking improvements to the state's Derelict Vessel
Grant Program. For next year, DEP has included funding for the pump out program in its agency
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legislative budget request, so it is not necessary to pursue an appropriation request (an early legislative
success).
Once again, we will pursue authorization to levy an additional penny tax for resilient infrastructure
needs to fund the County's transportation-related infrastructure like road elevation and transportation
capital projects.
On behalf of the County's hundreds of small contractors and tradespeople, Monroe will pursue the repeal
or amendment of HB 735, a local government preemption bill that prohibits local government
occupational licensing programs. Without the licenses, small contractors have no ability to file for permits
for their work, affecting their livelihoods, and leaving consumers with less protection.
Monroe County broke ground on its new Emergency Operation Center on its Marathon Airport
property in October, and we anticipate completion of this critical new facility in February 2024. Current
market conditions have resulted in unanticipated cost escalations, and a funding shortfall of $6M for
which will seek assistance from the State.
Balancing ROGO protection with needs for affordable housing remains an important focus. Due to
the most recent court decision by the Third DCA disallowing the use of the "early evacuation ROGOs"by
the City of Marathon and Village of Islamorada a legislative change will be required, and may be sought
by Marathon and Islamorada to enable use of those ROGOs. The cities may choose to amend F.S.
380.0552(9) (Florida Keys Area Protection Act's 24-hour evacuation rule) and/or F.S. 166.04151
(Affordable Housing). If the cities seek a change to F.S. 166.04151, a similar change to F.S. 125.01055
(Affordable Housing) would be necessary for it to benefit Monroe County. The County would support
either approach. Further, Monroe will be seeking an amendment to clarify that sections in FS 125.01055
referring to affordable housing do not negate Monroe County's Rate of Growth Ordinance.
Wind insurance affordability is yet another critical need for our constituents. The vast majority of wind
policies in Monroe are with state-backed Citizens Property Insurance Company ("insurer of last resort.")
Preserving affordable wind insurance requires working with Citizens, legislators and the Office of
Insurance Regulation to oppose efforts to increase premiums, eliminate the cap on annual increases,
reduce coverage, and reduce eligibility. Citizens is under increasing pressure as the crisis in the State's
broader property insurance market grows worse. Citizens' policies now exceed IM as it continues to have
to pick up the policy holders from the private sector insurance companies that have fail or left the State.
We must closely monitor Citizens' response to the current insurance crisis, and potential impacts to its
wind insureds.
Recently passed legislation related to farming and agritourism allows the construction of non-
residential structures on properties classified as agricultural to be exempted from building regulations.
This type of construction can conflict with the federal and state environmental regulations the County is
required to enforce. We will seek a legislative amendment to address this.
Upon Board approval, the County's legislative team will pursue all of the legislative issues approved by
the Board, in close collaboration with our state legislators, Representative Jim Mooney and Senator Ana
Maria Rodriguez.
Typically, through each session, the County's legislative team focuses on its priorities, and then works
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 December. As a member of the Southeast Florida Regional Climate Compact,
Monroe County works collaboratively to help develop the Compact's annual legislative program. That
agenda will come to the Board for approval before the start of session.
Key dates for the 2023 State Legislative Session:
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• November 8: Election Day
• November 15: Approval of BOCC Legislative Agenda
• November 30-Dec 2: FAC Legislative Conference
• December-February : Interim Committee Weeks
• March 7: First Day of Regular Session
• TBD: Local Delegation Meeting
• March 15: Florida Association of Counties Legislative Day
• TBD: Keys Day
• April 25: Last Day for Committee meetings
• May 5: Last Day of Regular Session
PREVIOUS RELEVANT BOCC ACTION: Approval of the 2022 State Legislative Agenda.
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
2023 State Legislative Agenda(DRAFT for agenda)
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
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:
REVIEWED BY:
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Bob Shillinger Completed 11/01/2022 12:52 PM
Purchasing Completed 11/01/2022 2:28 PM
Budget and Finance Completed 11/01/2022 3:21 PM
Brian Bradley Skipped 11/01/2022 12:52 PM
Lindsey Ballard Completed 11/01/2022 3:26 PM
Board of County Commissioners Pending 11/15/2022 9:00 AM
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MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
STATE LEGISLATIVE AGENDA
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MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Office of Legislative Affairs
November 15, 2022
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I oniroe County IBoai d of County oii'nin'i�irs State Il....egss�laflve Flii ioii ifl S 2023
Commissioner Craig Cates, District i
Commissioner Michelle Coldiron, District 2
Commissioner Jim Scholl, District 3
Commissioner David Rice, District 4
Commissioner Holly Merrill Raschein, District 5
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County Administrator Roman Gastesi
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House District 120: Representative Jim Mooney
Senate District 39: Senator Ana Maria Rodriguez
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Florida Association of Counties
Small County Coalition
Southeast Florida Regional Climate Change Compact
South Florida Regional Planning Association
National Association of Counties
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Gulf States Counties and Parishes Caucus c4
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INTRODUCTION REPORTAND DISCUSSION........................................................................... 3
STATE LEGISLATIVE PRIORITIES:
Stewardship, LATF,Water Quality................................................................................... . 6
LandAcquisition................................................................................................................ 7
Resilience........................................................................................................................... 8
Charter County and Regional Transportation System Surtax.............................................. g a
Citizens'Wind Insurance...................................................................................................... g 0
Marine Protection (Derelict Vessels, Mooring Fields, Pump-out Program)........................... ii
ROGO and Workforce Housing............................................................................................. 14
Workforce/Affordable Housing Funding................................................................................ 14
VacationRentals.................................................................................................................... 3.5 N
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Occupational Licensing.......................................................................................................... 3.6
Emergency Operation Center................................................................................................ 3.7
Farming/Agritourism............................................................................................................. 3.7 CU
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Transportation....................................................................................................................... 3.8
Preemption and Home Rule .......................................................................................... 3.8
GENERAL STATE LEGISLATIVE ISSUES:
Growth Management/Environment..................................................................................... 20
Emergency Management...................................................................................................... 20
Health, Mental Health, and Social Services............................................................................. 21
Veterans.................................................................................................................................. 21
Clerks'Funding/Judgeships..................................................................................................... 22
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Florida Retirement System...................................................................................................... 22
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Libraries................................................................................................................................... 22 C14
County Jails,Juvenile Justice..................................................................................................... 22
Homelessness.......................................................................................................................... 22
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Overseas Heritage Trail Pedestrian Bridges............................................................................... 23
CONTACT INFORMATION ................................................................................................................... 24
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LEGISLATIVE AGENDA DEVELOPMENT
Staff is seeking Board approval of the issues presented herein to be included in the County's 2023 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 2023.
Annually,the Board reviews legislative priorities and gives direction on and approval of priority legislative issues a
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. As a member of the Southeast
Florida Regional Climate Compact, Monroe County collaborates on the Compact's annual 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. Included herein are the substantive priorities and M
general issues to be pursued and supported during the 2023 State Legislative session. `N
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LEGISLATIVE PRIORITIES
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The County'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 Citizen's wind 4-
insurance affordability; others are new, prompted by recent legislation or newly identified needs.The County's
priorities for the 2023 session include:
• The County's number 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 $SM is for land
acquisition. The County utilizes its share of Stewardship funding for the canal restoration program.
• An important additional goal is to have the Florida Keys Stewardship Act included as a funded
project in State's Land Acquisition Trust Fund. The Land Acquisition Trust Fund ("LATF") is funded
with documentary stamp taxes directed there by Amendment i. Projects currently funded in the LATF
include some of the State's highest environmental priorities, such as Everglades Restoration and
springs restoration. Inclusion of the Keys' Stewardship Act into the LATF would elevate our CU
Stewardship Act to Statewide importance and help secure annual funding.
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• The FKSA authorizes an annual $5M set-aside of Florida Forever funding for the next ten years, N
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, and the County reaches"build out,"there is a need to keep our State legislators mindful about
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the impacts and consequences of Monroe County's challenge of protecting both environmentally
sensitive lands 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's ACSC oversight agency, the Department of Economic
Opportunity (DEO) on these issues, and the State's main environmental regulatory agency, the
Department of Environmental Preservation.
• Anothertop priority is to secure funding for resiliency projects. The County has submitted its funding
requests into the new DEP Resiliency Funding portal as required by the new law passed in 2021. The
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County's legislative team will then advocate with the Governor's office and DEP to secure the funding
for those project submittals.
• We will continue to work to protect our marine environment by addressing the proliferation of derelict
vessels and by developing new mooring fields. Pursuant to legislation passed in 2023.enacting new
anchoring limits in the waters of the Florida Keys and subsequent amendment of that the new law in
2022, requiring the installation of ioo new moorings before the new limits may be applied, Monroe has
just completed the feasibility for the new mooring field, complete with scope of work and cost
estimates. We will seeking State assistance to help fund the design,engineering and installation costs
of the new moorings. The new moorings, along with the new anchoring limits, promise to help reduce
vessel dereliction.
• Once again, we will pursue authorization to levy an additional penny tax for resilient infrastructure a
needs. Specifically,this year, we will seek legislative authority to levy a Charter County and Regional
Transportation System surtax. Currently only charter counties and entities with a regional
transportation system are eligible to levy this tax. We will seek legislative change that would add non-
charter counties as an eligible entity.The proceeds of this surtax revenue would help fund the County's
transportation-related infrastructure like road elevation and transportation capital projects. The Board
recently directed staff to petition FAC to add this issue to its own legislative agenda. FAC will be
considering it their Legislative Conference at the end of November. M
• On behalf of the County's hundreds of small contractors and tradespeople, Monroe will pursue the
repeal or amendment of HB 735, a local government preemption bill that prohibits local government
occupational licensing programs, passed by the Legislature in 2021.Without local licensing program,
small contractors and tradespeople remain unlicensed, and therefore have no ability to file for permits CU
for their work, affecting their livelihoods. Consumers also miss the protection of vetted contractors.
We hope to convince legislators that local licensing programs help, not harm, small contractors and
tradespeople, as well as protect consumers. Monroe has requested that FAC also add this issue to its
legislative agenda. _
• Wind 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. The vast
majority of wind policies in Monroe are with state-backed Citizens Property Insurance Company
("insurer of last resort.") Preserving affordable wind insurance requires working with Citizens,
legislators and the Office of Insurance Regulation to oppose efforts to increase premiums, eliminate
the cap on annual increases, reduce coverage, and reduce eligibility. Citizens is under increasing
pressure as the crisis in the State's broader property insurance market grows worse. Citizens'policies
now exceed iM as it continues to have to pick up the policy holders from the private sector insurance CU
companies that have fail or left the State. We must closely monitor Citizens' response to the current
insurance crisis, and potential impacts to its wind insureds. CN
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• Balancing ROGO protection with needs for affordable housing remains an important focus. In 2oi8,
the State gave the County and the municipalities 1,300 "early evacuation" ROGOs for building
affordable housing following Hurricane Irma. Key West, Marathon,and Islamorada adopted ordinances
accepting those ROGOS, which were challenged. The municipalities prevailed at the AdministrativeCU
Hearing but the Third District Court of Appeal reversed that decision with respect to Marathon and
Islamorada only. Those two municipalities are seeking discretionary review in the Florida Supreme
Court. Per the Third DCA's decision, Marathon and Islamorada may not accept their share of these
early evacuation ROGOs, and by inference Monroe County may not either. Marathon and Islamorada
will be seeking a legislative change that would enable their use of the new ROGOS. That legislation
may seek to amend F.S. 380.oSS2(g) (Florida Keys Area Protection Act's 24-hour evacuation rule)
and/or F.S. 3.66.043.S3. (Affordable Housing). If the cities seek a change to F.S. 3.66.043.S3., a similar
change to F.S. 12S.01oSS (Affordable Housing) would be necessary for it to benefit Monroe County.
The County would support either approach. Further, Monroe will be seeking an amendment to clarify
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that sections in FS 125.oio55 referring to affordable housing do not negate Monroe County's Rate of
Growth Ordinance.
• Monroe County broke ground on its new Emergency Operation Center on its Marathon Airport
property in October,and we anticipate completion ofthis critical new facility in February 2024. Current
market conditions have resulted in unanticipated cost escalations, and a funding shortfall of$6M. We
will seek assistance from the State to help with this shortfall with a legislative appropriation request.
• The spate of preemption bills introduced last session,and increasingly over recent legislative sessions,
such as those related to vacation rentals, emergency powers, contractor licensing, home-based
businesses,cruise ship activity in local ports, single use plastic bags, business regulation, use of county
rights of way, affordable housing, and local referenda represent a significant challenge to home rule.
We expect these State legislative efforts to continue.
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.
LOBBYING CONTRACTS N
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The County utilizes contract lobbying services at the State level to further Monroe County's legislative goals
and to secure vital appropriations. Monroe County currently contracts with Robert Reyes with Capital Group,
Ryan Matthews and Dean Cannon of Gray-Robinson, Frank Bernardino with Anfield Consulting, Nick Iarossi
with Capital City Consulting and Noah Valenstein with Brightwater Strategies Group. These firms provide a
daily presence in Tallahassee and advocate forthe County's legislative priorities.
Staff coordinates regularly with the County's 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.
KEY DATES
2A
2023 Legislative Session Dates:
• November 8: Election Day CU
• November 3.S:Approval of BOCC Legislative Agenda M
• November30-Dec 2: FAC Legislative Conference N
• December-February: Interim Committee Weeks
• March 7: First Day of Regular Session
• TBD: Local Delegation Meeting
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• March is: Florida Association of Counties Legislative Day
• TBD: Keys Day
• April 2S: Last Day for Committee meetings
• May S: Last Day of Regular Session
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SUNNI THE MENEENIEM
FLORIDA KEYS STEWARDSHIP: WATER QUALITY PROTECTION
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. It 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. 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$5.713 in economic activity, enabling the Keys °b
to generate over$257M in sales tax revenue for the State.
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➢ 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 iggo,
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and directed US EPA and the State to develop a Water Quality Protection Program to protect water quality. CD
➢ Wastewater Implementation: The State mandated that The Florida Keys Area of Critical Concern
construct a centralized wastewater treatment system in compliance with FS 383.and 4o3 across the span
of the ioo+ mile archipelago. This has cost the local governments of the Florida Keys s9ooM. The State as
has invested siooM in that system.These wastewater treatment system improvements near completion.
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➢ Storm Water and Degraded Canal Waters: The Keys must now address two remaining areas of water
quality concern: storm water runoff and degraded canal waters. Runoff and poor canal water leach into
the nearshore waters of the Sanctuary. Environmental testing has determined that hundreds of canals in
the Keys have poor water quality that fall below the State water quality standards.
➢ Canal Restoration Program: In 2020, the State added Canal Restoration as a mandated component to as
Monroe County'sACSC annual work plan.The cost of this work is in the hundreds of millions.State funding
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assistance for this ecosystem restoration work via the Stewardship Act is critical.
➢ Land Acquisition Trust Fund: Inclusion of the Stewardship Act into the State's LATF would significantly 24
enhance efforts to secure annual Stewardship funding. as
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➢ LOCAL COMMITMENT:
o County Funds: The Monroe County Board of County Commissioners expended $7M in local funds to
develop a Restoration Work Plan and to conduct a Restoration Pilot Program, wherein we 04
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implemented a number of different restoration technologies on various canals to determine the costs 04
and benefits of each technique.
o RESTORE Act funds: Monroe has committed all of its RESTORE Act$20M to Canal Restoration. E
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o Natural Resources Conservation Service Funds: The County secured a s4SM federal grant in 2o18 to
remove hurricane-related debris from almost 200 canals.
REQUESTED ACTIONS:
SUPPORT a $20M appropriation for the implementation of The Florida Keys Stewardship Act.
' SUPPORT inclusion of the Florida Keys Stewardship Act in the State's Land and Water Trust Fund.
SUPPORT creation of a recurring five-year water-related work plan (similar to the FDOT five year work
plan model)forthe distribution of State funding for local water-related infrastructure projects and support
increased State funding for local water infrastructure projects.
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Monroe County Board of County Coi^ imksuoir"ners Stater I...a:g slatuve PiruoirufleS 2023
FLORIDA KEYS STEWARDSHIP ACT: LAND ACQUISITION
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. i 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 permits, until we reach a cap or"build out."
➢ Development Permits:The State caps the total number of new building permits in the Keys. In 2013 that as
cap was set at 3,SSo. Each year,for the next ten years,the State allocates 3SS permits to the Keys.We will
reach build out in 2026, after which there will be no more permits, and no further development will be
permitted. °b
➢ Property Rights/Legal Liability: After we apply all of the available permits (3,SSo), there will still be 04
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approximately 6,000 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 6,000 parcels,and the liability of potential takings claims, is conservatively estimated at$627M
(2022 data). The County and the State have been named as co-defendants in property rights suits filed as
a result of ACSC regulations, and jointly defended 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 6,000 privately-owned,
undeveloped properties that could be left without permits approximatelY3600 lie within Florida Forever
project boundaries. In 2o3.8, we secured legislative changes that authorizes the State to acquire non-
conservation lands in ACSC to retire development rights. However,this type of acquisition requires a State
funding source.
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➢ Military Base Buffering: The Keys are home the U.S. Naval Air Station Key West. Approximately 50o of
the 6,000 privately-owned, undeveloped parcels lie within NASKW's military buffer areas. In 2o3.8, we °b
secured legislative changes that prioritized NASKW within the State's military buffer lands program, but
the program requires greater State funding in order to acquire more base buffer land.
➢ LOCAL COMMITMENT: Since August 1, 2o3.6 through October 1, 2022, Monroe County has expended a 04
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total of $22.3M in local funds (a combination of infrastructure sales surtax and Monroe County Land 04
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Authority)to reduce this liability by acquiring land and retire the development rights. The County has an
additional si6. M budgeted. The State has expended $ M. During this period, 22 development rights E
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have been retired (323.by the County and ioi by the State).
REQUESTED ACTIONS:
SUPPORT appropriation of sSM within Florida Forever as authorized in The Florida Keys Stewardship Act
for land acquisition within the Florida Keysthatwill both conserve environmentally sensitive land and retire
development rights to mitigate future takings liability.
v SUPPORT continued partnership with FDEP and DEO 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.
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ENHANCING MONROE COUNTY'S RESILIENCE TO SEA LEVEL RISE
CHALLENGES:
➢ Estimated Costs: In 2oi8, Monroe County embarked on a comprehensive study to examine the impacts of
sea level rise, King Tides and storm inundation on the County's road system. This study, completed in
2021, produced initial cost estimates of $1.813 to elevate roads and otherwise mitigate flooding
impacts. (This estimate does not include roadways within the Keys'municipalities.)
➢ Severe and persistent road flooding is impacting many communities affecting public safety, commerce,
property values and quality of life.
➢ The County is charting a course to pursue all available funding streams to assist with this comprehensive
effort, including federal and state grants, Congressional appropriations, special assessments and local as
funding.
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➢ In 202o, The Legislature passed the Resilience Act, creating the Resilient Florida ("RF") Grant Program _
within DEP to allow local governments to apply for grants to address resilience needs, and .
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➢ Monroe County's residential communities and privately owned housing stock also require resilience
investment. The Federal Army Corp of Engineers has conducted a study of the Florida Keys and within
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unincorporated Monroe County alone there are over 3.,800 residential structures at risk for flooding and CD
recommended for elevation.
➢ There are several federal-state grant programs including the Hazard Mitigation Grant Program (HMGP)
and the Flood Mitigation Assistance (FMA) program that provide funding for acquisition, elevation, and as
demolition/reconstruction, enabling local governments to facilitate rebuilding their communities to be
flood resistant and eliminate flood risk. These programs are vital to the changing climate and risks
associated with flooding related to storms and sea level rise; they also require significant staff expertise
and time.
➢ During the past legislative session,the powers and responsibilities of the Monroe County Land Authority
were expanded to enable it to assist the County in activities related to enhancing residential resiliency to
flooding and sea level rise, including seeking and administering grants, such as HMGP and FMA to the
County to elevate/rebuild/buyout flood-vulnerable homes.
o Since Hurricane Irma, the County has submitted 23 applications for home elevations through HMGP,
with 4 applicants currently under review by FEMA for$756,3.47 in funding requested. as
o Since 2021,the County has submitted ii elevation projects, for a total funding request of$2,142,23.0
with $S3S,SS2 match, to be paid by the private property owners. Of those requests, none were
recommended for funding by FDEM because they lacked repetitive loss attributes. 04
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o Also since 2021, the County has submitted S mitigation reconstruction projects for a total funding
request of$1,094,175 with $4o6,294 to be paid by the private property owners. Of those requests, 4
were recommended by DEM to be reviewed by FEMA for a total funding request of $78S,3.6o with
$275,040 to be paid by the private property owners.
REQUESTED ACTIONS:
v1' SUPPORT funding for projects submitted to DEP through the Resilient Florida grant program for road
elevation/flood mitigation projects.
v1' SUPPORT full funding forthe Statewide Resilient Florida Grant program.
SUPPORT funding for projects submitted to DEM through FEMA-funded HMGP and FMA grant programs
for residential home elevations, buyouts and demolition/rebuild.
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Monroe County Board of County C oi^ imksuoir"ners Stater I...egu slatuve PiruoirufleS 2023
EXTENDING THE CHARTER COUNTY AND REGIONAL TRANSPORATION SYSTEM
SURTAX TO NON-CHARTER COUNTIES
CHALLENGE: Monroe County, like counties across the State, are facing increased costs related to roads and
transportation needs. The costs are magnified in coastal counties such as Monroe that need to elevate roads
to address frequent, persistent flooding and prolonged inundation from heavy rainfall, storm surge, seasonal
King Tides, or"sunny day"flooding.
In addition,as a community with one main roadwaythat is often snarled in traffic, Monroe County benefit from
additional funds to finance an improved transit system, whether it be buses, ferries and water taxies, or other
types of transportation.
Postponing such investment in critical infrastructure like roads and transit for lack of funds, will only be more
costly for taxpayers, homeowners, and businesses. We seek to address these challenges before they become _
more expensive, and before they become actual interruptions to property values, business activity, and travel.
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F.S. 212.oSS(i)currently allows charter counties,consolidated counties,and those counties which are members as
of or operating under an interlocal agreement with regional transportation authority the option of levying a i 04
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cent sales surtax the proceeds of which must be used for roads and transportation related expenses. The levy
can be for up to 3o years. -�
The statute as currently worded leaves a non-charter county,which is not a member of an RTA or under an ILA as
with an RTA, no option to levy this surtax withoutjoining an RTA,which can syphon millions of dollars of those
tax proceeds for its use or become a charter county, a process which can create additional bureaucracy and
additional expense to the taxpayers.The statute,as it currently exists,encourages more and unnecessary layers
of government. Allowing non-charter counties to levy the tax after voter approval, will ensure that more of
those dollars are used to fund solutions, not pay for unnecessary bureaucracy.
Monroe currently levies a one penny infrastructure sales surtax,which generates approximately$So million per
year. If the legislative change is made and the voters approve the levy,the transportation surtax would generate
an additional $So million per year in Monroe County.
In 2021, Monroe received estimates that it will cost approximately$1.8 billion to address its road elevation 24
issues for our roughly Soo miles in County roads. The statute allows for an up to 3o-year levy. At$So million a as
year,this tax would generate $i.S billion over 3o years, a significant step in meeting those projected costs.
REQUESTED ACTIONS:
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SUPPORT legislation to amend F.S. 212.oSS(i), the Charter County and Regional Transportation System 04
Surtax to open up this optional surtax to non-charter counties.
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WIND INSURANCE AND FLOOD INSURANCE:
AFFORDABILITY AND ACCESSABILITY
CHALLENGES:
➢ Importance of wind insurance and Citizens Property Insurance Company("Citizens"):The vast majority
of wind policies in Monroe are with state-backed Citizens,the"insurer of last resort." Preserving affordable
wind insurance requiresworking with Citizens,the Office of Insurance Regulation,and legislatorsto oppose
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efforts to increase premiums, eliminate the cap on annual increases, reduce coverage, and reduce
eligibility.
➢ Current Property Insurance Crisis in Florida: Citizens is under increasing pressure, as the crisis in the
State's broader property insurance market grows worse. As the "insurer of last resort" Citizens continues
to have to pick up the policyholders from the private sector insurance companies that have dropped
policies, and in some cases gone insolvent,amid financial losses.After years of actively trying to reduce its
number of policies, Citizens' policies now exceed 1M. This is a significant concern, as is the rising cost of
property insurance in general. We will continue to monitor Citizens'and the Legislature's response to the
current insurance crisis, and potential impacts to its wind insureds.
➢ Wind insurance rates: Monroe's residential and commercial Citizens'wind insurance rates are the highest
in the State. Monroe's premium rate i75% higher than the median coastal rate. High costs and limited
coverage negatively affect our citizens, our workforce, our property values, and our economy. as
➢ Monroe's building standards: Monroe County's building standards are among the most rigorous in the
State,yet this is not reflected in Citizens'rate calculations for Monroe.
➢ Premiums vs.Claims: Premiums charged by Citizens are not commensurate with actual risk.
o From 2004-present Monroe paid in total more than a half billion dollars in premiums over claims.
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➢ Affordability and Annual Glide path: Monroe's already high rates are compounded with annual lo%
increases. These costs exacerbate the County's housing cost crisis. Property insurance affordability is a key -�
component in preserving the Keys' strong local economy. The legislature recognized the importance of
affordable property insurance, but Citizens has failed to apply an "affordability" definition or standard °b
(beyond capping annual increases to io%.)
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Citizens Property Insurance Corporation statute reads: "The absence of affordable property insurance
threatens the public health, safety, and welfare and likewise threatens the economic health of the State.
The State therefore has a compelling public interest and a public purpose to assist in assuring that
property in the State is insured and that it is insured at affordable rates so as to facilitate the remediation,
reconstruction, and replacement of damaged or destroyed property in order to reduce or avoid the
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negative effects otherwise resulting to the public health,safety,and welfare, to the economy of the State,
and to the revenues of the State and local governments which are needed to provide for the public CD
welfare."
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➢ During the 2021 Legislative session, lawmakers increased the annual rate cap in Citizens' premiums 1%
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each year for the next S years. Citizens and lawmakers continue to discuss raising Citizens' rates, and
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eliminating the rate cap altogether. We will monitor this discussion closely, and work with FIRM to
advocate against any legislation that would further increase or eliminate the cap.
04
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REQUESTED ACTIONS: 04
SUPPORT legislation that exempts Monroe County from the annual wind insurance rate increase passed E
last session (3.3.-3.S% over the next five years) and maintaining the County's rate cap at io%, recognizing 0
Monroe's unique housing affordability issues and strong building codes.
SUPPORT legislation to help lower premiums and annual rate increases by requiring Citizens to:
o Apply mitigation credits that account for Monroe's rigorous building standards;
o Apply an affordability definition or standard, per the statutory language mandating affordability.
w 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 the legislative efforts of Fair Insurance Rates for Monroe (FIRM) related to both wind and flood
insurance affordability and availability for Monroe County.
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Monroe County Board of County Coi^ imksuoir"ners Stater I egku latuve Pruorutua:S 2023
MARINE PROTECTION:
ANCHORING LIMITS, MOORING FIELD DEVELOPMENT, DERELICT VESSEL
REMOVAL FUNDING, AND PUMP-OUT PROGRAM
CHALLENGE: Balancing the preservation of our marine environment while supporting a robust boating
community.
The protection of our marine environment and water quality is of utmost importance to Monroe County. Our
marine environment is the lifeblood of our economy and a cultural touchstone. Monroe has a robust boating
community ranging from recreational boaters,to commercial and charterfishing boats,to live-aboard boaters. -�
The high number of boaters that visit and live on our waters unfortunately generates undesirable impact.
Monroe County highest number of derelictvessels in the State.The Florida Legislature and the Florida Fish and as
Wildlife Conservation Commission(FWC)have recognized the proliferation of derelict vessels(DVs)around the
State,and the significant navigational safety and environmental impacts they pose. The costs of their removal as
are an unnecessary financial burden for taxpayers. Monroe County supports regulations and services that
mitigate vessel dereliction like anchoring limits and mooring fields.Additionally,compliance with No Discharge
Zone regulations requires continuous vigilance along with the provision of a no-charge vessel pump out service. CD
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s) Anchoring Limits and Mooring Fields: Anchoring limits and identification of at-risk vessels are
important strategies for reducing dangerous and costly vessel dereliction. To facilitate and encourage -�
responsible anchoring,the County will embark on the development of additional mooring fields.
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Long-term anchorage contributes to vessel dereliction. Most derelict vessels result from having been
anchored out, sedentary, and neglected for extended periods. The vessel's physical condition degrades,
eventually becoming inoperable. Often,the vessel is abandoned.The vessels often become"at-risk,""pre-
derelict,"and/or eventually"derelict". Anchoring limits reduce the number of days that a vessel may be
anchored in one place without moving;they require the vessel to be moved,which requires that the vessel
be maintained in an operable condition, reducing its chances of becoming derelict.
About half of the long-term anchored vessels surrounding the waters of Key West are stored vessels, with as
the other areas throughout Keys'waters also containing numerous stored vessels; these are the greatest as
generator of derelict vessels. Stored vessel owners commonly choose to store their vessel at anchor as an
alternative to paying the high prices for shore side dockage; or,they have the intent to abandon the vessels �,
to avoid the costs associated with proper disposal. as
In 2021, the Legislature recognized the issue of long-term storage, and enacted a new go-day anchoring
limit. It also required that Soo new public mooring balls be placed in the waters around the City of Key West
before the new limit can be enforced in Keys'waters. This requirement is difficult if not impossible to meet, 04
and therefore precludes the new law's use and benefit. In 2022,the requirement for3oo new moorings was 04
lowered to ioo new moorings.
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With the recent completion of a comprehensive feasibility study, the County will now embark on the E
design, engineering and implementation of a new ioo- mooring ball mooring field in the Wisteria Island
area. The County will also be embarking on the same for an additional 40-ball mooring field in the Boca
Chica area. The early estimated costs for the design, engineering and implementation of both moorings
fields is about$3.61VI. County staff is already actively working with DEP to facilitate the permitting process
and preemptively address any issues and with FWC for funding assistance.
REQUESTED ACTIONS:
SUPPORT effortsto facilitate new mooring fields,to include expediting permitting and securing State
funding assistance for mooring field design, engineering and implementation.
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2) Costs of Derelict Vessel Removal: Monroe County has the highest number of derelict vessels in the
State. State funding assistance for DV removal costs is critical.
Monroe County has the highest number of derelict vessels in the State. Derelict vessels pose
significant navigational safety and environmental impacts. Prevention of derelict vessels and
funding process for expeditious removal of derelict vessels are significant needs.
The County's Marine Resources Office works cooperatively with FWC and other law enforcement
partners to remove derelict vessels. When all attempts to locate and hold the boat owner responsible
fail,the vessel is referred to the Marine Resources office for removal. Each year,the Marine Resources
Office removes an average of 60-8o derelict vessels utilizing pre-qualified marine contractors that
competitively bid each job. Removal of these vessels represents more than $340,000 in annual
expenses.
State Derelict Vessel Removal Grant Program (DVGP): State assistance with the costs of vessel
removal is critical to Monroe County. Prior to 2oig, the State assisted with DV removal costs by
distributing to each individual county an annual allotment of statewide vessel registration, which
worked well. In 203.9,the Florida Legislature changed the process for DV removal funding to counties,
by directing 30% of vessel registration fees into a derelict vessel removal trust fund and authorizing N
FWC to administer a grant program through which counties must first apply for and obtain approval to
remove a DV before receiving DV removal funding.
DVGP Challenges: The merits of the grant program are worthy, however the overly-bureaucratic
process negatively affects our DV removal operations by increasing the removal timeline by up to 6 CU
months due to the restrictive guidelines (cannot remove a vessel prior to the execution of a grant 0
agreement), increases our administrative costs to prepare, submit and administer the numerous
associated grant agreements (3-4 in the last two years, hundreds of hours), and requires our staff to
make subjective determinations about which vessels may or may not cause additional harm while
awaiting the life cycle of the grant (especially problematic during hurricane season). Since the `U
implementation of this law, Monroe County's portion of the revenues has decreased by approximately
$70,00o a year,while operational challenges have increased.
Comparison of County-funded vs DVGP-grant funded DV removal:
2A
Number of Vessels
Nmber of Vessels Average Removal Missing Prior to
Removed Time Removal
County
Funded 28 70 days 4CN
DV Grant Q
Funded 98 136 days 12 cN
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These challenges have resulted in increased boating safety issues,unnecessary environmental impacts, U
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and additional removal costs for Monroe County. For example, a number of these vessels have gone
missing, relocated or sunk while awaiting the grant approval timeline.
Furthermore, because these revenues are part of a statewide trust fund,the annual budgetary approval
and spending authority for funding distribution is determined by the state legislature.As a result, FWC
has been challenged with inconsistent and/or significantly reduced spending authorization for this
program.
In addition, FWC has utilized these funds in response to hurricane-related derelict vessels rather than
distribution through the grant program. We do not believe the intent of this funding was to address
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Monroe County Board of County Coi^ imksuoir"ners Stater I...a:g slatuve PiruoirufleS 2023
natural disaster response for derelict vessels. Both of these issues have created unpredictable and
unreliable funding availability for local governments to address this critical issue.
In response, Monroe has requested that FWC consider rulemaking changes to its Derelict Vessel Grant
Program Guidelines to include the following recommendations:
a) Provide advance funding agreements to local governments to provide a set amount of annual
funding;
b) Authorize pre-award costs for removal operations. (NOTE: Monroe County is willing to provide a
2S%funding match for this request);
c) Authorize pre-agreement cost reimbursement for vessels that become an `imminent threat to -�
public safety'in the time period between application submittal and contract execution.
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REQUESTED ACTIONS:
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SUPPORT programmatic, rulemaking and/or legislative changes to the Derelict Vessel Grant
Program per the above staff recommendations.
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3) Funding and Management of Monroe County Vessel Pump-out Program: The pristine waters of the 04
Florida Keys attract high numbers of boaters from all over the State and country. These waters are
within the Florida Keys National Marine Sanctuary and are designated as a No Discharge Zone (NDZ) -�
by DEP and the Sanctuary. In 2013, Monroe County implemented a large-scale Mobile Vessel Pump-
out Program to assist boaters in complying with the NDZ. Monroe County is also launching as
implementation of a Marina Pump-out Initiative to expand the number of available shoreside pump-
outfacilitiesthroughoutthe Keys. `
Monroe County requires occupied vessels to provide a"proof of pump-out"and provides a free weekly
mobile pump-out service. Combined,these measures have ensured nearly i00%compliance with NDZ
regulations.
To date,the Mobile Vessel Pump-out Program has performed 3.71,000 pumpouts and has captured over as
2.4 million gallons of vessel sewage. as
Monroe County has traditionally supported this program through its Boater Improvement Funds,Clean
Vessel Act funding, and direct legislative appropriations.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
ensuring water quality protection for public health and our marine environment.
In the 2023.session,the Legislature transferred the management and administration of the Pump-out
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Program to DEP. In late 2022, contract and funding issues at DEP led to a return of the program to 04
Monroe County for the duration of FY 2022. The Department of Environmental Protection and County
staff have collaborated closely to ensure program continuity,proper management and oversight of the 0
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program through these transitions. U
Moving forward into the next year, we have requested that DEP include the funding, and program
management, in its agency legislative budget request.If not included,then the Countywill again pursue
a legislative appropriation to support the program. We are closely monitoring DEP's actions to
determine next steps.
REQUESTED ACTIONS:
w SUPPORT DEP funding for and continued management of the pump out program.
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ROGOS AND WORKFORCE HOUSING
CHALLENGE: Balancing the protection of Monroe County's Rate of Growth Ordinance(ROGO)with needs
for additional workforce housing remains an important focus.
In 2o18, the State gave the County and the municipalities 1,300 "early evacuation" ROGOs for the purpose of
building affordable housing following Hurricane Irma. Key West, Marathon, and Islamorada adopted
ordinances accepting those ROGOS,which were challenged.
The municipalities prevailed atthe Administrative Hearing butthe Third District Court of Appeal reversed that
decision with respect to Marathon and Islamorada only. Those two municipalities are seeking discretionary
review in the Florida Supreme Court.
Per the Third DCA's decision, Marathon and Islamorada may not accept their share of these early evacuation
ROGOs, and by inference Monroe County may not either.
Marathon and Islamorada will be seeking a legislative change that would enable their use of the new as
ROGOS. That legislation may seek to amend F.S. 380.oSS2(g) (Florida Keys Area Protection Act's 24-hour
evacuation rule) and/or F.S. 3.66.043.S3. (Affordable Housing). If the cities seek a change to F.S. 3.66.043-S3., a
similar change to F.S. 12S.0ioSS(Affordable Housing)would be necessary for it to benefit Monroe County. as
The County would support either approach. 04
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Further, Monroe will be seeking an amendment to clarify that sections in FS 3.25.o3.oSS referring to affordable
housing do not negate Monroe County's Rate of Growth Ordinance. Specifically:
a. Clarify that a provision in FS 12S.01oSS (SB 962, 2022) that allows for residential development
regardless of zoning or a comprehensive plan, as long as io%of the units are used for affordable
housing does not apply in Areas of Critical State Concern, and does not override Monroe County's
11,
ROGO.
b. Amend a "glitch" in a separate provision of FS 12S.03.oSS (HB 73-03, 2019) that sets out local
requirements for inclusionary affordable housing. The section that exempts Areas of Critical
Concern mistakenly refers to wrong subsection, which effectively carves ACSC out of a provision as
we support,and includes us in the provision that intended to exempt ACSC.We also want to clarify
that this provision does not override Monroe County's ROGO.
REQUESTED ACTIONS:
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w SUPPORT legislation to amend FS 380.04SS2(g) and/or FS 166.03151 to enable use of the State's
as
issuance of"early evacuation ROGOS"for workforce housing.
SUPPORT legislation to amend FS 12S.oiSS to exempt Areas of Critical State Concern and to clarify 04
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that the statute's provisions do not override Monroe County's ROGO ordinance requirements. 04
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WORKFORCE/AFFORDABLE HOUSING FUNDING E
CHALLENGE: In the Florida Keys, the development restrictions, lack of building land and the expense of
construction significantly add to the cost of workforce housing development.
In recognition of our unique affordable housing challenges as an "Area of Critical State Concern," Monroe
receives a special set aside in the State's competitive annual allocation of Housing Tax Credits.
Staff works in partnership with Florida Housing Finance Corporation for awards of Tax Credits and SAIL
funding, as well with DEO to highlight the importance of funding and other incentives for preserving and
developing new workforce/affordable housing, and to address Monroe County's unique constraints.
Packet Pg. 3721
Q.5.a
Monroe County Board of County C oi^ imksuoir"ners Stater I...a:g slatuve PiruoirufleS 2023
Monroe would also benefit from changes to property taxation or other measures that incentivize long-term
rental housing over short-term/vacation rental, or vacancy, and from allowing greater flexibility in the use of
SHIP funds. Escalating housing costs are increasingly challenging our ability to meet the statutorily required
set asides for very low and low income categories,which may preclude the County's ability to use up to 2/3rds
of our SHIP allocation. This year's allocation is s807k.
REQUESTED ACTIONS:
' SUPPORT award of Tax Credits to Monroe County, and protection of the Florida Keys set-aside;
V SUPPORT award of SAIL funding to Monroe County;
SUPPORT legislation that would authorize local governments to adopt ordinances to grant ad
valorem tax relief to residential properties used for the public purpose of providing
affordable/workforce rental housing;
SUPPORT legislation that allows flexibility in SHIP fundsto ensure thatwe can distribute the County's as
full SHIP allocation; and
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SUPPORT legislation that requires all monies from Sadowski and Local Housing Trust Funds be used CD
only for affordable housing.
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VACATION RENTAL IMPACTS ON WORKFORCE HOUSING
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CHALLENGE: Vacation rentals deplete Monroe County's already limited rental housing stock for its
workforce. o
In the Florida Keys residential development— both market rate and affordable — is severely restricted. With
only a single transportation egress,and to ensure a 24-hour evacuation time prior to a major storm event,the
number of building permits allowed for Monroe County is limited by the State.
As we cannot build new housing units as needed, the proliferation of short-term vacation rentals has a
particularly severe impact.With each newvacation rental,we lose an existing, irreplaceable housing unit once
available for long-term workforce rental housing.
In orderto maintain ourworkforce,which is critical to our tourism-based local economy, Monroe County must
24
be enabled to protect its rental housing stock, and limit its conversion/loss to vacation rentals.
Monroe County has some regulatory authoritythat has been"grandfathered"but it is not sufficientto contain
the conversion of housing units to short-term rentals.
REQUESTED ACTIONS: 04
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04
SUPPORT legislation that provides a "carve out" for Monroe County from preemptive vacation rental
regulations via the County's status as an Area of Critical State Concern to enable the County to E
amend/update our vacation rental regulations in order to preserve/increase supply of workforce housing. U
SUPPORT legislation that protects Monroe County's grandfathered vacation rental ordinance and that
would allow local governments with grandfathered ordinances to amend and update their regulations
without losing their grandfathered status.
w SUPPORT legislation that enhances Monroe County's abilityto enforce local vacation rental regulations,
including allowing for higher penalties for violations.
SUPPORT legislation that restores authority to local communities for the regulation of vacation rentals,
as necessary for quality of life, public safety and preservation of a traditional residential communities and
accessible and affordable permanent and long-term rental housing stock.
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Packet Pg. 3722
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OCCUPATIONAL LICENSING PREEMPTION
CHALLENGE: In 2021, the Legislature passed, and the Governor signed into law HB 735, enacting Chapter
2021-214, Laws of Florida preempting local governments' ability to issue new local contractors' licenses.
Current licenses expire on July 1, 2023, after which time only State-licensed general contractors and
homeowners will be able to obtain work permits. Without a local license, small specialty contractors may not
obtain work permits, preventing them from being able to perform work in their trade.
Monroe County has over Soo local contractors many of whom have spent years working only under their local
specialty license,who no longer may pull permits as they have been doing their entire careers. The loss of this
licensing threatens their livelihoods and businesses,and they are urging Monroe Countyto help them by asking
state lawmakers to repeal this law.
Local licenses enable local contractors the ability to pull permits and perform work without having to obtain a as
state license that may require knowledge or skills that exceed the scope of specialty contractors. Some local
contractors have been unable to qualifyto test for a state specialty license because their experience is only local as
and not under a licensed state contractor, even if that experience is several decades.
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Local licenses provide small contractors with a valuable marketing tool because they serve as an official,
scrutinized demonstration of their backgrounds and qualifications, enabling them to differentiate themselves
04
from contractors without that vetted experience. CD
Local licensing benefitssmall contractors'abilityto be hired by licensed general contractors as sub-contractors.
Because general contractors are required to carry insurance for themselves and subs, they prefer to hire sub-
contractors that are already licensed and insured,to save them the cost of having to carry additional insurance.
Local licensing also exists to protect consumers by giving consumers a tool for differentiating between
contractors with experience and qualifications from those without, and ensuring qualified workmanship by
contractors with sufficient insurance to protect homeowners and workers. Additionally, insured contractors
protect homeowners who often are not properly informed that they are at risk of liability for any harm that
befalls unlicensed, uninsured contractors working on their property.
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Finally, the local licensing ensures compliance with federal regulations by requiring that contractors have
knowledge of unique local environmental regulations, like federal floodplain or Endangered Species Act
requirements. For example, fence installations in Key Deer habitat is a violation of federal law. An unlicensed
contractor may not be aware of such regulations banning fences. Violations of federal laws leave the 24
homeowner and the County liable.
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REQUESTED ACTIONS:
SUPPORT legislation repealing Chapter 2021-214, Laws of Florida, including all the created or amended 04
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statutory provisions presently in effect, such as s. 3.63.23.3., F.S.,to allow counties to retain the authority to 04
operate programs requiring the licensure, certification, or registration of local contractors, and other
occupations as determined by each county's governing body by ordinance or resolution. E
SUPPORT amending the law to exempt Monroe County as an Area of Critical State Concern, based on the
its unique environmental sensitivity and patchwork of state and federal environmental regulations.
SUPPORT amending the law to grant local governments the ability to require special licensure if that
licensure is part of an effort to comply with the Endangered Species Act or another state or federal law.
SUPPORT amending the law to remove the expiration date of local government occupational licensing
requirements and programs existing on or before the effective date of Chapter 2021-214, Laws of Florida,
to ensure the health, safety and welfare of county residents and businesses.
SUPPORT changes to the requirements of State licensure to account for experience obtained under local
licensure,and any other changes that may facilitate State licensure for small contractors and tradespeople.
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Monroe County Board of County Coi^ imksuoir"ners Stater I...a:g slatuve PiruoirufleS 2023
EMERGENCY OPERATIONS CENTER
CHALLENGE: Unanticipated cost escalation related to the construction of a permanent, hardened and
elevated Emergency Operations Center in Monroe County.
Monroe broke ground on its new EOC on October 3.8, 2022.The new scheduled date for substantial completion
is February 2, 2024.
The new 28,000 sq-ft EOC facility, 220 mph wind rated facility will house and support emergency preparation,
response, and recovery operations. The design is based on a Soo-year storm and will include:
• Impact Rating: Windborne Debris Missile Criteria for Hurricane Shelter Safe Room (FEMA P-363./ ICC-
S00);
• First-floor elevation of 20.3.6 ft. NAVD-88 (3.7 ft. above ground) due to wave action (above Base Flood
Elevation code +3);
• Self-sustaining for 72 hours for up to 3.So emergency response staff, including food, drinking water, as
electric power, and wastewater storage;
• Emergency communications via satellite phone/internet service.
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The EOC will provide the required communications technology, power supply, and square footage space
required for the personnel from the County, State DEM, FEMA and other federal agencies, law enforcement, 04
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and other local jurisdictions who work in the EOC to adequately conduct their emergency management
activities and coordinate their respective agency's response with overall operations.
The Monroe County multi-use EOC, centrally located on the County's Marathon Airport property, is
designed to enhance preparation and coordination with law enforcement, fire/rescue, and public works to
reduce delays, expedite recovery, and enhance interoperability pre and post storm event.
The County's First Amendmentto the CMAR agreementwith Ajax Building Company adjusted the Guaranteed
Maximum price (GMP) for the construction of the new Emergency Operations Center from $27,86S,igg to
s3i,8S6,275. The $4M increased cost from the original GMP is based on escalation of the costs of
construction materials and labor. Additionally, there is $2M in other costs and associated escalation of
costs and associated expenses not included in the GMP's construction cost, such as FF&E, technology,
additional design costs, etc. The total estimated project funding shortfall is approximately$6M.
The project is funded by three grants from FDOT, FDEM (direct appropriation), and FDEM (HMGP), with the
site provided by Monroe County. Monroe County seeks State assistance for the unanticipated cost escalation.
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REQUESTED ACTIONS:
SUPPORT a legislative appropriation request for s6M to assist with the cost escalations associated with
the new Emergency Operation Center. 04
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AGRICULTURAL/AGRITOURISM PREEMPTIONS
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In 2021, the Legislature passed SB 88 Farming Operations/Right to Farm and SB 3.3.86 Agritourism to
strengthen the State's Right to Farm law and adding local preemption protections for agritourism-based
activities.
Local governments may not adopt any ordinance, regulation, rule, or policy to prohibit, restrict, regulate, or
otherwise limit an activity of a bona fide farm operation or limits an agritourism activity on land classified as
agricultural land where such activity is regulated through implemented best management practices or interim
measures developed by the Department of Environmental Protection, the Department of Agriculture and
Consumer Services, or water management districts as part of a statewide or regional program.
As such,this law allowsfora propertythat is classified as agricultural to be exempted from building regulations,
Page 3..7
Packet Pg. 3724
Q.5.a
allowing for the construction of structures/uses as long as they are non-residential,and further allowing for the
clearing protected hammock;for example erecting barns to be used as wedding venues.
REQUESTED ACTION:
SUPPORT legislation to exempt Areas of Critical State Concern, or to clarify that the use/structure on any
private property is not exempt from state and federal environmental regulations.
TRANSPORTATION
CHALLENGE: The Florida Keys is dependent upon a safe, resilient, sustainable and efficient access and travel
along US i. Traffic congestion and safety issues along this singular highway that connects the 112-mile long -�
chain of islands affects the health, safety, welfare, economic sustainability and quality of life of residents,
businesses and visitors. as
In 2020, the Commission enlisted AECOM to develop a U.S. z Transportation Master Plan (TMP) identify
transportation needs, develop goals/objectives, and develop an action plan to meet those goals. The action
plan identifies potential short-term solutions (1-5 years), mid-term (6-zo years), and long-term solutions (zo- as
20 years).
Over the past year, the Commission approved that TMP, provided a set of recommendations from the 04
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potential solution list of projects in the TMP, and developed a ranked list of 36 Keys-wide projects(such as bus
stops, intersection improvements, turn lanes, signage, and increased public transit) and transmitted that list -�
to FDOT for inclusion in our work plan. A project of particular importance is the intersection of US i, near MM
3.o6, a significant and costly project. as
The County makes effective use of SCOP funds including the design for the milling, resurfacing and safety
upgrades of Card Sound Road. Staff continuesto collaborate with District 6 staff regarding the start of the PDE
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for the Card Sound Bridge replacement.
This year,the County is also embarking on a new countywide transportation/transit initiative.
REQUESTED ACTIONS:
v1' SUPPORT FDOT's inclusion of prioritized projects into Monroe County's work plan. as
SUPPORT funding from FDOT for the County's Coastal Resilience Project to match the funding provided
by the US Army Corp of Engineersto stabilize six locations along US i identified as vulnerable to surge and 24
sea level rise. Monroe County has asked the Department to program $o.S6 million for design to match
the USACOE congressional funding requestfor design now and$S.6 million for construction in future work
plans, when the USACOE seeks construction funding from Congress. USACOE will provide 6S% of the
funding.
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v1' SUPPORT continuing enhanced State funding for the Small County Outreach Program (SCOP). This 04
funding is critical to Monroe County, which is a small county with major bridge and local road
responsibilities. E
SUPPORT increased critical state funding for the Small County Road Assistance program (SCRAP).
°"" SUPPORT funding for all modes of the state and local transportation infrastructure network.
HOME RULE
CHALLENGES:
➢ Preemption of Home Rule: Home rule, conferred to Florida counties by Article Vill, Section i(f) and i(g)
of the Florida Constitution (3.968), and by section 12S.o3., Florida Statutes, is the principle that the
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Monroe County Board of County Coi^ imksuoir"ners Stater �...a:g slatuve PirloirufleS 2023
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 Preemption Examples:The State Legislature often pursues local government preemptions in its bills
that prohibit local governments from banning or even regulating activities enabled bythe Legislature.
Commonly recognized preemptions include: vacation rental, local occupational licensing, single-use
plastic bags and Styrofoam, sunblock, home-based businesses, seaports/cruise ships, tree-trimming.
But they also include a wider range relating to agricultural, utilities infrastructure, environmental,
fees/taxation, and land use.
➢ Unfunded Mandates:The State Legislature frequently passes legislation that compels local governments
to provide a service, program, or benefit without providing the appropriate funding. Local governments
face the burden of using local tax dollars to finance functions that they have little control over and
compromising local governments'abilityto provide services requested by our local communities. as
➢ 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, Clerks'offices,Juvenile Justice, and mental health services. 04
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➢ Restrictions of County Revenue Sources:Atthe same time the State Legislation imposes more mandates CD
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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 would revise current law in a manner that reduces or eliminates current local
government-related revenues or preempts home rule authority.
OPPOSE efforts to shift cost of services, implement unfunded mandates, reduce State funding for
infrastructure, programs and services, or other legislation that is costly and limits Monroe County's ability
to serve the needs of its citizens.
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OPPOSE legislation that preempts the legislative and policy-making powers of counties used to regulate
land use and implement local zoning controls.
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ENVIRONMENT
REQUESTED ACTIONS:
SUPPORT legislation and funding to support continued implementation of the Comprehensive
Everglades Restoration Plan.
SUPPORT legislation and funding that protects and preserves Florida's coral reef tract.
' SUPPORT the continued designation of the Florida Keys as an Area of Critical State Concern.
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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.
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SUPPORT legislative effortsthat strengthen the existing roles and home rule powers of local governments
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to implement comprehensive planning programs that guide future development and encourage the most CD
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. as
SUPPORT the development and maintenance of dedicated funding of the Florida Forever Grant Program
and Florida Communities Trust that provide recreational opportunities for parks, open space, greenways
trails and conservation to help meet growth challenges and protect natural resources.
' SUPPORT state legislation to prohibit new well stimulation activities, including hydraulic fracturing
(fracking).
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OPPOSE efforts to increase offshore drilling activities.
' SUPPORT streamlining the permitting and regulatory processes for solar product manufacturers,
installers,and consumers,and further supports reducing burdensome regulationsthat hinder solar market
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penetration.
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' SUPPORT policies that provide appropriate resources and incentives to local governments to achieve
statewide recycling goals, and further supports comprehensive recycling initiatives that encourage
increased participation of the residential, commercial, and industrial sectors.
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OPPOSE legislation that preempts local communities from banning single use plastic bags, particularly 04
coastal communities where plastic bags are not only an environmental pollutant but also pose a danger
to ocean and coastal wildlife. E
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EMERGENCY MANAGEMENT
REQUESTED ACTIONS:
SUPPORT continued state funding for county EOCsto ensure each is able to meetthe minimum structural
survivability and operational space criteria established by the state and federal government.
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.
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Monroe County Board of County Ca°»i^ imk suoi ners Stater egklafl e Piruoirl eS 2023
SUPPORT increased funding to county base grant funding.
SUPPORT polices that bolster funding of the Emergency Management Preparation And Assistance Trust
Fund (EMPA), which is to serve as a funding source for State and local emergency management,
preparedness, communication and training, and opposing legislative sweeps of these trust fund monies.
HEALTH, MENTAL HEALTH,
SOCIAL SERVICES, AND EMERGENCY MEDICAL SERVICES
REQUESTED ACTIONS: -�
SUPPORT increased state general revenue funding for County Health Departments (CHDs), any State
reductions to the County Health Department Trust Funds.
SUPPORT policies that preserve and strengthen the ability of CHDs to provide primary care and direct as
patient care services, particularly in communities without adequate substitutes or alternative providers
for these services, and maintain a coordinated system of county health departments (CHDs) that is
centrally housed within the Department of Health (DOH).
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SUPPORT increased funding for core and crisis mental health and substance abuse services. CD
SUPPORT efforts to increase supportive housing, employment and education initiatives for people with
behavioral health issues and/or disabilities.
SUPPORT state funding forthe provision of Baker Act juvenile services and facilities in the communities in
which thejuvenile and his/her family lives.
V SUPPORT funding forthe Florida Healthy Start and Healthy Families program.
SUPPORT increased state funding and policies that reduce food insecurity, in order to: i) increase the
health and productivity of those currently without consistent access to healthy food, 2) consequently
reduce the demand for public health and human services,3) improve the financial security of those in need.
SUPPORT the continuation of a coordinated Transportation Disadvantaged (TD)system,and appropriate as
and dedicated State funding forthe TD program; protectthe TD trustfund.
OPPOSE policies that further shift state Medicaid costs to counties, and the continued evaluation of the 24
county-state cost share arrangement. as
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SUPPORT State legislation drawing down federal funds made available to Florida under the PPACA to
expand health care coverage to certain individuals who earn up to 3.38 percent of the federal poverty level,
if such a program does not further shift Medicaid costs to counties. 04
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SUPPORT policies that protect the ability of counties to provide coordinated, countywide systems of
emergency medical services, and not limit the ability of county EMS transportation providers to be as
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reimbursed for their services. U
SUPPORT maintaining a countywide regulatory system for EMS through the current Certificate of Public
Convenience and Necessity(COPCN) process.
VETERANS
REQUESTED ACTIONS:
SUPPORT policies that allocate state funds to hire for County Veterans Offices in counties in order to
increase services and federal benefits for Florida veterans.
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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:
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OPPOSE any benefit changes that result in an increase in the FRS county and county employee
contribution rates. as
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.
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LIBRARIES
REQUESTED ACTIONS:
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SUPPORT recurring and non-recurring funding of State Aid to Public Libraries Grant Program, Library
Cooperative Grant Program, Public Library Construction Grant and Career Online High School program.
COUNTY JAILS, INMATE MEDICAL COSTS, JUVENILE JUSTICE
REQUESTED ACTIONS:
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SUPPORT policies that provide 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 CD
incarceration.
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SUPPORT policies and initiatives which reduce juvenile detention through prevention, civil citation,
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treatment, and rehabilitation services. as
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SUPPORT policies that ensure the adequate safety supervision and facility maintenance at juvenile
residential assessment centers and secure detention facilities. 04
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SUPPORT state investments in juvenile facilities to improve the conditions of secure confinement for
detained youth without such costs being shifted to the counties.
OPPOSE sentencing of State inmates to county jails, but support counties' ability to contract with the
Department of Corrections for housing State inmates.
HOMELESSNESS
REQUESTED ACTIONS:
V SUPPORT legislation that creates a dedicated State funding source for homelessness programs and
services.
V SUPPORT continued coordination with the State's homeless planning council, specifically as it
recommends policies in support of the Federal Strategic Plan to End Homelessness.
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Monroe County Board of County Coi^ imksuoir"ners Stater �...a:g slatuve Pruorutues 2023
SUPPORT the development of policies 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.
OVERSEAS HERITAGE TRAIL:
PEDESTRIAN BRIDGES
Pedestrian/Fishing 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 i spanning the length of the as
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 203.4, DEP closed 4 of these bridges
due to their unsafe structural condition.) DEP must conduct a Preliminary Design and Engineering study(PDE)
04
to assess the conditions of the bridges and repair/rehabilitation options. The PDE will cost $7.SM. Possible CD
sources for funding include the following: inclusion in DEP's legislative budget request and TAP funds are also
a possibility, but TAP funds are also limited.
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REQUESTED ACTIONS:
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SUPPORT DEP's efforts to fund the Preliminary Design and Engineering study.
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MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
+� Mayor David Rice, District 4
30S'289'6000
f> Mayor Pro Tern Craig Cates, District
30S'292-3440
+� Commissioner Michelle Co|diron, District
�
w
+� Commissioner Jim Scholl, District 3 -�
30S'292-3430
+� Commissioner Holly Merrill Raschein, District u_
30S'4S3'8787
COUNTY ADMINISTRATOR
Roman Gastesi w
Gostes/-ronnon@nnonroecounty�Iflov �
Office:30S'292'4441 °=
Ce&3oS-394-133z
DIRECTOR OF LEGISLATIVE AFFAIRS
Lisa Tennyson �
�
Tenn�yson8so@nnonnoecounty�fi,flov
Office:30S'292'4441
Ce&30S-SO9'z709
COUNTY ATTORNEY
BobShi||inger CN
~^
..'3hil0 p ��noe �o� nnonroecount'y-� Iflov Q
CN
Office:30S'292-3470
Cell:30S'747'4717
LOBBYISTS °~
Capitol Group: Robert Reyes,Tallahassee, F| 8So'42S'40So
f> Anfie|d [onso|ting: Frank Bernardino, Tallahassee, F|866'96o-S939
Gray-Robinson: Dean Cannon, Ryan Matthews,Angela Drzevviecki,Tallahassee, F| 85o'577'9090
Capital City Consulting: Nick |arossi, Andrew Ketcha|,Tallahassee F| 8So'222'907S
BrightvvaterStrategies: Noah Va|enstein,Tallahassee, F|8So-Sz8'o66z
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