Resolution 084-1980
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RESOLUTION NO. 84 -1980
RESOLUTION ADOPTING A POLICY STATEMENT OF THE
BOARD OF COUNTY COt1MISSIONERS OF MONROE COUNTY,
FLORIDA, ON STATE GENERAL LEGISLATION.
WHEREAS, various legislation to be considered by the
Florida State Legislature is or importance to Monroe County,
and
WHEREAS, Monroe County also supports additional legis-
lation which should be considered by the Florida State
Legislature, now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, as follows:
1. That the attached Policy Statement on State General
Legislation is hereby adopted by the Board of County Com-
missioners of Monroe County, Florida.
2. That the Clerk of the Board is hereby instructed
to forward a certified copy of this resolution to the Monroe
County Legislative Delegation, the Speaker of the House,
the President of the Senate, and the State Association of
County Commissioners and such other State officials as is
appropriate.
DATED March 25, 1980.
Attest:. _""'
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BOARD OF COUNTY COMMISSIONERS
OF MONROE~~1;O'RIJ)A
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POLICY STATEMENT
BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY, FLORIDA
ON
STATE GENERAL LEGISLAtION
1. Monroe County supports legislation to eliminate and abolish
district mental health boards and to place such activity
directly under the Department of Health and Rehabilitative
Services to administer.
2. Monroe County supports legislation to assure, in regards to
fuel allob-ation, that upon the closing up or discontinuance
of any fuel stations or other outlets within a County that the
fuel allocation which was provided for the discontinued busi-
ness activity be redistributed throughout the County directly
rather than being allowed to be redistributed by the individual
gasoline company ou!side of the County.
3. Monroe County supports legislation that recognizes the Medical
Examiner Program a~ a'state-m.a)J.dated function that should be
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fully funded by the state. ',; " .
4. Monroe County supports legislation that recognizes that, al-
though mental health is a problem that can best be handled
through community programs, it serves a state purpose and
should be funded from state revenues.
5. Monroe County supports legislation which eliminates the
requirement: of a successful referendum in order to impose
the 9th cent gas monies for public or mass transportation.
6. Monroe County supports legislation requiring the DOT to send
5th and 6th cent monies directly to the counties rather than
to con~inue to allow the DOT to act as the county's banker
under the present statute. Counties are now required to
keep books on 20 percent of the 5th and 6th cent and it will
be no additional burden on counties to maintain the books
on the ot0er 80 percent.'
7. Monroe-c6~nty supports legislation authorizing a constitutional
amendment to allow counties to use the 5th and 6th cent gas
tax for maintenance.
8. Monroe County supports legislation that a portion of the first
.gas tax (1, 2, 3, & 4 cents) be designated to construction
with local jurisdiction. Gas tax funds are decreasing while
construction costs on roads are increas~ng.
IS;
POLICY STATEMENT - CONTINUED
9. Monroe County supports legislation which would a~ard attorney's
fees on the basis of the differential between the appraisal
and the amount awarded. Urge DOT to allow county attorney~
and expecially local appraisers greater input into condem-
nation cases.
10. Monroe County supports legislation to adopt a statewide com-
prehensive policy for the installation, operation, maintenance
and funding of traffic signals.
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11. Court reorganization under Article V of the Florida Constitu-
tion was adop~ed'under the specific premise that funding would
be the sta~e's responsibility. Sadly, this has not occured,
with counties required to foot the bills. Monroe County con-
tinues to place top priority on state funding of this and all
other state-mandated programs. Monroe County supports as a
means of property tax relief, the transfer of judiciary system
costs back to the state for items such as court reporters,
baliffs salaries, special public defenders, private investi-
gators expert witness fees and court facilities. Monroe County
supports legislatio.:n that re~m~.urses local governments for
capital 'outlay funds already expended to ac~ommodate Article V
and requires full state funding for other Article V costs cur-
rently being paid by counties. Monroe County supports legisla-
tion that removes from counties the responsibility of paying
for the fees, costs and expenses paid in criminal prosecutions
and competency proceedings incurred on behalf of prisoners and
indigent criminal or civil defendants.
12. Under exist~ng Florida law, county municipal service taxing
units (MSTU'S) unlike cities, are not eligible for revenue
sharing. Since MSTU's provide municipal-type services in
unincorporated areas, it logically follows that MSTU's should
be eligible for revenue sharing. Monroe County will work for
and support legislation that will fairly and equitably distri-
bute state collected-locally shared revenues. Monroe County
supports legislation that authorizes county municipal services
taxing units to share in the municipal revenue sharing trust
fund.
Section"197.214, Fla. Sta., provides that "Special assessment
liens on property in special districts shall be collected as
provided for ad vaiorem taxes under this chapter, whether
created by general or special law or by county ordinance which
now exists or may become l.aw. The Attorney General in A.G.O.
79-111 opines that this stature "is not applicable to Munici-
~al Service Taxing or Bertefit Units". Therefore, Lee County
strongly requests and urges that the Legislative Delegation
present and support legislation which would amend Section
197.214 to include Municipal Service Taxing or Benefit Units
and thereby allow collection for delinquent special assessments
through the same procedure which is provided for the collection
of delinquent ad valorem taxes.
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13. Under existing Florida law, cities appoint their-own housing
authorities but the Governor must appoint members of county
housing authrities. Monroe County supports legislation that
would place counties on an "equal footing" with the cities,
transferring this appointment authority to boards of county
commissioners.
14. Florida cities and charter counties now receive gas tax
rebates on fuels consumed by operating their government
vehicles. Non-charter counties should also be eligible for
this type rebate.
15. Monroe County $upports legislation to broaden current authori-
zation for the defense of public officers and employees in
actions arising out of and within the scope of their official
duties. '".
16. Monroe County will ~ppose any limitation or across the board
revenue reduction without a specific detailed analysis on
the impact on services as rendered by the local government.
17.
Monroe County opposes any
taxation that would erode
of the counties an~ their
as needed on an equitable
governing body.
legislation in the area of dual
the constitutional responsibility
auth~rity to provide services
ba~i~)as determined by the local
,. '"
18. Monroe County requests the Monroe County Legislative Delega-
tion to present and support legislation to license, certify
and regulate the profession of psychology, for the protection
of the public health, safety and welfare.
19. Monroe County requests an amendment to general legislation
providing authority for counties to impose license and/or
registration fees on recreational vehicles and repealing
any portion af the Florida Statutes including Chapter 320.24
which prohibits counties from collecting licenses or regis-
tration fees on recreational vehicles.
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