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Agenda 12/12/2017 Item #11G12/12/2017 EXECUTIVE SUMMARY Recommendation to approve the proposed schedule and project list for a County-wide Infrastructure Sales Surtax voter referendum to be held on November 6, 2018 and authorize staff to initiate related actions. OBJECTIVE: To obtain and implement Board direction as it relates to the proposed Infrastructure Sales Surtax Voter Referendum. CONSIDERATIONS: On November 7, 2017, a public workshop was held to deliberate the merits of a Local Government Infrastructure Sales Tax. The proposal discussed included a one-cent sales tax for a period of seven (7) years. After considering a presentation from the Chamber policy committee, reviewing a staff generated needs list, and weighing public comment, the Board directed staff to bring back an item for formal Board consideration. The implementation of the Local Government Infrastructure Surtax, sales tax, is outlined in Florida Statute 212.055(2). The levy of a one cent sales tax is estimated to generate approximately $70,000,000 annually. Approximately $10,000,000 of that would be split between the cities. The available balance would total approximately $420,000,000, with an anticipated earmark for strategic and sensitive land acquisition of $150,000,000. This would provide approximately $270,000,000 for the remaining categories. The project list reflects categories identified by the Greater Naples Chamber of Commerce, environmental preservation advocates, and County staff. The categories include: Land Acquisition • Transportation & Stormwater Facilities • Public Safety and General Purpose Government Facilities including: New Construction, Renovations, and Repairs • Parks • Affordable Housing • Workforce Training • Mental Health Facilities The table below calls out four higher-level categories and a sample project allocation that can be further refined at a later date Total Estimated Cost Total Current Funding Total Shortfall Sales Tax Transportation $168.0M $57.0M $111.0M $110.0M Vanderbilt Beach Rd Extension - Collier Blvd to 8th/16th $100.0M $26.0M $74.0M $74.0M Pine Ridge Rd, Livingston Rd, & Whippoorwill Ln $31.0M $8.0M $23.0M $23.0M Bridge Replacements (11)$23.0M $16.0M $7.0M $7.0M Randall Intersection $14.0M $7.0M $7.0M $6.0M Stormwater Capital $105.0M $25.0M $80.0M $20.0M Facilities & Capital Replacement $192.0M $43.0M $149.0M $100.0M Forensic/Evidence Building $33.0M $33.0M $33.0M Big Corkscrew Island Regional Park $60.0M $20.0M $40.0M $20.0M DAS shelter Improvement/Replacement $6.0M $6.0M $6.0M HVAC, Roofing, and Repairs at Sheriff's & County facilities $62.0M $23.0M $39.0M $25.0M Hurricane Resilience $25.0M $25.0M $10.0M EMS Substations $6.0M $6.0M $6.0M Community Priorities $190.0M $190.0M $190.0M Strategic & Sensitive Land Acquisition $150.0M $150.0M $150.0M Workforce Housing $20.0M $20.0M $20.0M Workforce Training Center $10.0M $10.0M $10.0M Mental Health $10.0M $10.0M $10.0M Grand Total $655.0M $125.0M $530.0M $420.0M 12/12/2017 A Citizen Oversight Committee is proposed to review and validate the projects, with the final list being brought to the Board for ultimate approval. These funds would allow the County to address a portion of the backlog of infrastructure needs and partially support the future needs of a growing community. A tentative schedule has also been attached for review and consideration. FISCAL IMPACT: As discussed during the November 2017 local option infrastructure sales tax workshop, several funding options exist to pay for the future strategic County and community infrastructure needs contained within this report. Along with or separate from any decision on the local option infrastructure sales tax, the Board can consider adopting a storm-water utility fee, franchise fee and or simply raising the property tax rate. Staff has also noted that the issuance of debt to fund all or a portion of the projects identified by the Board on a priority basis pursuant to a policy directive remains a viable alternative with the scope and duration of any short or long-term debt dependent upon the eventual policy funding outcome. The formulation of decisions concerning infrastructure funding including any issuance of debt will initially be considered as part of budget policy in February/March and further refined as Board policy decisions are made. GROWTH MANAGEMENT IMPACT: There are no Growth Management Impacts associated with this Executive Summary. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney. There are two matters I believe should be noted. 1. Florida Statutes Sec. 106.113 (Expenditures by local governments.) provides as follows: "(1) As used in this section, the term: (a) “Local government” means: 1. A county, municipality, school district, or other political subdivision in this state; and 2. Any department, agency, board, bureau, district, commission, authority, or similar body of a county, municipality, school district, or other political subdivision of this state. (b) “Public funds” means all moneys under the jurisdiction or control of the local government. (2) A local government or a person acting on behalf of local government may not expend or authorize the expenditure of, and a person or group may not accept, public funds for a political advertisement or electioneering communication concerning an issue, referendum, or amendment, including any state question, that is subject to a vote of the electors. This subsection does not apply to an electioneering communication from a local government or a person acting on behalf of a local government which is limited to factual information. (3) With the exception of the prohibitions specified in subsection (2), this section does not preclude an elected official of the local government from expressing an opinion on any issue at any time." Accordingly, any County support for this referendum will need to comport with this prohibition. A copy of a Division of Elections opinion explaining this provision is attached. Note that this statute does not bar opposition or support that a Commissioner may wish to communicate with respect to this referendum, provided that no public funds are utilized. 2. The Supervisor of Elections has instituted a policy that referenda may only be placed on the Primary Election ballot, and not the General Election Ballot. Accordingly, unless an exception is made, this Referendum will be on the August 28, 2018 ballot. A copy of a letter from the Supervisor of Elections on this issue is attached. With that noted, this item is approved as to form and legality, and requires majority vote for approval. -JAK 12/12/2017 RECOMMENDATION: To approve the proposed schedule and project list for a County-wide Infrastructure Sales Surtax voter referendum to be held on November 6, 2018 and authorize staff to initiate related actions. Prepared by: Geoff Willig, Operations Analyst, County Manager’s Office ATTACHMENT(S) 1. Collier Sales Tax Referendum Timeline (DOC) 2. Florida Department of State - 5-24-12 (PDF) 3. Supervisor of Elections 11-16-17 letter (PDF) 12/12/2017 COLLIER COUNTY Board of County Commissioners Item Number: 11.G Doc ID: 4273 Item Summary: Recommendation to approve the proposed schedule and project list for a County- wide Infrastructure Sales Surtax voter referendum to be held on November 6, 2018 and authorize staff to initiate related actions. (Geoff Willig, Operations Analyst, County Manager’s Office) Meeting Date: 12/12/2017 Prepared by: Title: Operations Analyst – County Manager's Office Name: Geoffrey Willig 11/22/2017 10:12 AM Submitted by: Title: County Manager – County Manager's Office Name: Leo E. Ochs 11/22/2017 10:12 AM Approved By: Review: Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 12/04/2017 1:06 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/04/2017 2:40 PM Budget and Management Office Mark Isackson Additional Reviewer Completed 12/04/2017 2:55 PM Office of Management and Budget Susan Usher Additional Reviewer Completed 12/04/2017 2:56 PM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 12/06/2017 3:07 PM Board of County Commissioners MaryJo Brock Meeting Pending 12/12/2017 9:00 AM Sales Tax Referendum Timeline (Draft) Below is a sample timeline for sequencing critical milestones for planning purposes. Month Action November 2017  County workshop to review proposal and provide staff direction. November & December 2017  Legal research to ensure all projects fit within sales tax definitions  Refine internal cost reviews for projects  Determine level of BCC interest in engaging a firm/productivity committee that can do third-party project analysis and costs estimates  Begin discussions with municipalities about sales tax involvement and lists January 2018  Begin development of ballot language  Municipalities pass resolutions or participate as agreed  Municipalities provide project lists and adopted plans  Lists finalized by county and adopted for projects to be funded from sales tax  Third-party analysis of project needs, cost estimates, and prioritization, if directed February & March 2018  Prepare draft ordinance with reference to total amounts, project categories, ballot language and establishment of oversight committee  First reading of ordinance in early March; adoption hearing at second meeting March  County supports the Chamber’s public education program April 2018  BCC establishes project execution oversight committee (this can be adopted now or can be done after sales tax referendum is over)  County assigns staff to work with Chamber committee to educate the public May – Nov 2018  Referendum Leadership Team established with County Commissioners, community leaders, and staff to educate the public and support media understanding of this issue  Website, presentation materials, and speakers bureau begins RICK SCOTT Governor F L 0 .ODA DEPARTMENT9�T.............._A May 24, 2012 Ms. Dorothy "Lotti" Wynn Chair, 2012 Orange County Charter Review Commission c/o Orange County Comptroller's Office P.O. Box 38 Orlando, Florida 32802 Dear Ms. Wynn: KEN DETZNER Secretary of State RE: DE 1, 2-05 --Advertising; Expenditures -- Use of Local Government Funds. § 106.113, Florida Statutes. This letter responds to a request for an advisory opinion submitted on behalf of the 2012 Orange County Charter Review Commission by Wade Vose, the Commission's General Counsel. Because the Commission plans to engage in political activity and has questions about compliance with Florida's election laws with respect to campaign finance law with respect to its intended actions, the Division has the authority to issue you an opinion pursuant to section 106.23 (2), Florida Statutes (2011). By way of background, your general counsel states that the Charter Review Commission is an independent commission under Orange County government whose purpose is to review the county charter and to place proposed charter amendments on the general election ballot. Historically, the Commission has prepared a voter guide to be mailed to Orange County voters, explaining the Commission's rationale in proposing the charter amendments and educating voters as to the anticipated effects of adopting or not adopting the proposed amendments. Your attorney wants to ensure that the preparation of such a voter guide would not conflict With either section 106.113, Florida Statutes (2011), or its interpretation rendered by the Division in Division o Elections Opinions 10-06 and 10-07 (June 14, 2010). f Section 106.113, Florida Statutes (2011), provides: 106.113 Expenditures by local governments."- (1) As used in this section, the term: R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 Telephone: (850) 245-6500 * Facsimile: (850) 245-6125 www.dos.state.fl.us Comnienzorathig SO4 years of Florida history www.fla500.com VI'V'A f ODIDA VIVA f 10RI0A Ms. Dorothy "Dotti" Wynn May 24, 2012 Page 2 of 4 (a) "Local government" means. - 1. A county, municipality, school district, or other political subdivision in this state; and 2. Any department, agency, board, bureau, district, commission, authority, or similar body of a county, municipality, school district, or other political subdivision of this state. (b) "Public funds" means all moneys under the Jurisdiction or control of the local government. (2) A local government or a person acting on behalf of local government may not expend or authorize the expenditure of, and a person or group may not accept, public funds for a political advertisement or electioneering communication concerning an issue, referendum, or amendment, including any state question, that is subject to a vote of the electors. This subsection does not apply to an electioneering communication from a local goverm-nent or a person acting on behalf of a local government which is limited to factual information. (3) With the exception of the prohibitions specified in subsection (2), this section does not preclude an elected official of the local government from expressing an opinion on any issue at any time. [Emphasis added.] Based upon subsequent legislative changes to the definition of "electioneering communications," which applied the term only to communications about candidates, the Division opined that the portion of section 106.113 containing a prohibition on any activity that relates to an `=electioneering communication concerning an issue, referendum, or amendment, including any state question, that is subject to the vote of the electors" was superfluous. The Division adheres to this opinion. However, your attorney specifically requests further clarification of the two 2010 opinions by asking the following four questions as they relate to the Commission's intended action of issuing the voter's guide: (1) Does the prohibition imposed by Section 106.113, Florida Statutes, extend only to local government expenditures for communications that constitute political advertisements? (2) Does the definition of political advertisement extend only to communications that constitute express advocacy? (3) Does the Division maintain its opinion expressed in Division o Elections Opinion 05-06 that the use of the term "expressly advocates" in the definition of "political advertisement" indicated the Legislature's intent to apply the Buckley "magic words" standard to political advertisements, requiring that to constitute express advocacy, the communication must contain express words of advocacy of election or defeat of a candidate or issue such as "vote for," "elect," "support," "cast your ballot for," "Smith for Congress," `vote against," "defeat," "oppose," and "reject"? Ms. Dorothy "Dotti" Wynn May 24, 2012 Page 3 of 4 (4) Is it then the case that communications that do not satisfy the "magic words" express advocacy standard of Buckley are not prohibited under Section 106.113, Florida Statutes? The short answer to all of these questions is "yes." First, if one applies the Division's prior opinions regarding the superfluous "electioneering communications" language within section 106.1.13, the only prohibition remaining is that a local government or a person acting on behalf of local government may not expend or authorize the expenditure of, and a person or group may not accept, public funds for a political advertisement concerning an issue, referendum, or amendment, including any state question, that is subject to a vote of the electors. Thus, the Division opines that section 106.113, Florida Statutes (2011), addresses only "political advertisements." Second, the definition of "political advertisement" requires that that advertisement expressly advocate the election and defeat of a candidate or approval or rejection of an issue.' Therefore, section 106.113's prohibition is that a local government or a person acting on behalf of local government may not expend or authorize the expenditure of, and a person or group may not accept, public funds for an advertisement that expressly advocates the approval or rejection of an issue, referendum, or amendment, including any state question, that is subject to a vote of the electors. Third, as stated in Division o Elections Opinion 05-06 (September 21, 2005), the use of the term 44 )f expressly advocates" is intended to apply the "magic words" standard to political advertisements as set forth by the United States Supreme Court in Buckley v. Valeo, 424 U.S. 1 (1976). The magic words" standard requires that the communication contain express words of advocacy for the election or defeat of a candidate or issue such as "vote for,'' "elect," "support," "cast your ballot for," "Smith for Congress," "vote against," "defeat," "oppose," and "reject." The Division adheres to this view; therefore, for purposes of section 106.113, for an advertisement to be a "political advertisement," it must contain. language which satisfies the "magic words" standard of Buckley v. Valeo relating to the approval or rejection of "an issue, referendum, or amendment, including any state question, that is subject to a vote of the electors." Finally, as previously stated, the Division interprets section 106.1.13 to now only prohibit "political advertisements." Because a "political advertisement" requires the element of express advocacy, which in turn, requires the use of the "magic words" standard of Buckley v. Valeo, the avoidance of such words in any expression would preclude the expression or message from being in violation of section 106.113, Florida Statutes (2011). Therefore, local government ' See § 106.011(17), Fla. Stat. (2011) ("1'o be a "political advertisement," the expression, by means other than the spoken word, must be a (1) a paid expression; (2) in a "communications media" (as defined in § 106.011 (13 )), Fla. Stat.); and be one which (3) expressly advocates the election and defeat of a candidate or the approval or rejection of an issue.) Ms. Dorothy "Dotti" Wynn May 24, 2012 Page 4 of 4 expenditures for communications that do not satisfy the definition of a "political advertisement" are not prohibited by section 106.113. QT TNANA A I? V Applying the Division's prior opinions regarding the superfluous "electioneering communications" language in section 106.113, Florida Statutes (2011), the prohibition within the sect -ion now addresses only "political. advertisements." A political advertisement as defined in chapter 106, Florida Statutes (2011), must contain words which expressly advocate the approval or rejection of an issue based upon the "magic words" standard found in Buckley v. Valeo, 424 U.S. 1 (1976). Local government expenditures for communications that do not satisfy the definition of a "political advertisement" are not prohibited by section 106.113. Sincerely, Cisela Salas Director, Division of Elections cc: Wade Vose, Esq. November 16, 2017 lip e n inq f(e r 0 r . Edwa- lc& Supervtsor of.' Efecttons Collier County Board of County Commissioners Chairman Penny Taylor 3299 Tamiami Trail E Naples, FL 34112 Dear Chairman Taylor, -' The urpose of this letter is to give you information and important dates/deadlines related t� the p g y p 2018 Election Cycle, as well as important reminders regarding past practice and policy of placement of certain items on the ballot. The Collier County Supervisor of Elections Office will be conducting two county -wide elections in 2018. Those elections are as follows: • Primary Election - August 28, 2018 • General Election - November 6, 2018 Since 2013 it has been the policy of the Collier County Supervisor of Elections Office to not accept referenda for placement on the General Election ballot. This is due to several factors including the proliferation of Special Districts within the boundaries of Collier County, as well as the growth in ballot length due to the requirements of the Department of State, Division of Elections; such as constitutional amendments. Referenda may be placed on the Primary Election ballot in 2018 at no cost to the entity. As stated, the Primary Election will be held on August 28, 2018 and in order to have a referendum placed on this ballot we must have the final text of the referendum in English and Spanish by 5:00 p.m. on June 29, 2018. If your agency is planning on placing an item on the Primary Election ballot, it is imperative that you work closely with our office leading up to the June 29 deadline. There are specific word count restrictions in the title and the body of referenda that need to be adhered to and we would hate for a simple oversight to exclude your item from making ballotp osition. Should you have any questions, or need additional info, please feel free to contact our office. Sincerely, J fifer J. wards S ervisor of Elections CC: Board of County Commissioners County Manager County Attorney � ��EwOF ���O ti 9 Rev Dr Martin Luther King Jr Building • 3750 Enterprise Avenue • Naples FL 34104 �o SUAEWISOROF Phone: (239) 252 -VOTE • Fax: (239) 774-9468 • www.CollierVotes.comGtiryLoF co�v`