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Agenda 09/10/2015 W (Legislative)
AGENDA BCC WORKSHOP MEETING September 10 , 2015 r - t ** ' ,+' P lood 'It- .,.... M MI a - 1111 ti ". ",;., r 3 z :it_ I Board of County Commissioners 2016 Legislative Session Workshop Thursday, September 10, 2015 9 a.m. — 12 p.m. Boardroom 0 . COLLIER COUNTY Board of County Commissioners 01 / • ijik . r maw —. 1)1 \ • WORKSHOP AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East,3rd Floor Naples FL 34112 September 10,2015 9:00 A.M. Commissioner Tim Nance,District 5 -BCC Chair Commissioner Donna Fiala,District 1-BCC Vice-Chair; CRAB Chair Commissioner Georgia Hiller,District 2 - Community&Economic Development Chair Commissioner Tom Henning District 3 -Public Safety Coordinating Council Chair Commissioner Penny Taylor,District 4-TDC Chair; CRAB Vice-Chair 1. Pledge of Allegiance 2. 2016 Legislative Priorities 3. Public Comment 4. Adjourn Notice: All persons wishing to speak must turn in a speaker slip. Each speaker will receive no more than three(3)minutes. Collier County Ordinance No.2003-53 as amended by Ordinance 2004-05 and 2007-24, requires that all lobbyists shall,before engaging in any lobbying activities(including but not limited to,addressing the Board of County Commissioners), register with the Clerk to the Board at the Board Minutes and Records Department. L :it:0 • • „;, Collier Count y Government -0,, Communication & Customer Relations Division 3299 Tamiami Trail E., Suite 102 colliergov.net Naples, Florida 34112-5746 twitter.com/CollierPIO facebook.com/CollierGov voutube.com/CollierGov Aug. 26, 2015 FOR IMMEDIATE RELEASE NOTICE OF PUBLIC MEETING BOARD OF COLLIER COUNTY COMMISSIONERS LEGISLATIVE WORKSHOP COLLIER COUNTY,FLORIDA THURSDAY, SEPTEMBER 10,2015 9 A.M. Notice is hereby given that the Collier County Board of County Commissioners will hold a public workshop at 9 a.m. on Thursday, Sept. 10, in the Board of County Commissioners chambers, third floor, Collier County Government Center, 3299 Tamiami Trail E.,Naples, Florida, 34112. This workshop will be broadcast live on Collier Television and via colliergov.net. The agenda includes, but is not limited to, a discussion regarding legislative priorities for 2016. About the public meeting: All interested parties are invited to attend and to register to speak. All registered public speakers will be limited to three minutes unless permission for additional time is granted by the chairman. Collier County Ordinance No. 2004-05 requires that all lobbyists shall, before engaging in any lobbying activities (including, but not limited to, addressing the Board of County Commissioners, an advisory board or quasi-judicial board), register with the Clerk to the Board at the Board Minutes and Records Department. Anyone who requires an auxiliary aid or service for effective communication, or other reasonable accommodations in order to participate in this proceeding, should contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail E., Naples, Florida 34112, or (239) 252-8380, as soon as possible, but no later than 48-hours before the scheduled event. Such reasonable accommodations will be provided at no cost to the individual. For more information, call Mike Sheffield at (239) 252-8383. ### Co er County Board of County Commissioners 2016 State Legislative Workshop Thursday, September 10 9 a.m. to 12 p.m. Boardroom ORDER OF PRESENTATION I. Pledge of Allegiance II. 2016 State Legislative Priorities A. Introduction of Lobbyists Keith Arnold (Buchanan Ingersoll & Rooney), and Burt Saunders (GrayRobinson), and Sheriffs Office representatives Det. Sgt. Wade Williams and Lt. Ken Becker f B. Human Trafficking - 9:30 a.m. time certain Det. Sgt. Wade Williams C. 2015 Legislative results and outcomes, and preview of 2016 Legislative Session - Keith Arnold and Burt Saunders D. Review DRAFT 2016 State Legislative Priorities III. Public Comment IV. Adjourn C 1 litis 5J 1 . fl I P S r• Collier County 2016 DRAFT State Legislative Priorities Issues of Major Importance to Advocate: 1. Inland Oil Drilling&Fracking—The Board of County Commissioners(BCC)has requested assistance from the Collier County Legislative Delegation to support legislation that improves and strengthens state rules and regulations governing oil well drilling activities.The BCC agreement with the Florida Department of Environmental Protection (FDEP)to jointly develop and support regulatory reforms in this industry is still valid. 2. Bike and Pedestrian Safety—Collier County will continue to work with Florida Department of Transportation(FDOT)District One Secretary Billy Hattaway and the Florida Legislature to increase bike and pedestrian safety. 3. University of Florida/Institute of Food and Agricultural Sciences (UF/I AS)— Collier County will continue efforts to identify and pursue a recurring funding source for OF/WAS. (PLACEHOLDER for Chair Nance) 4. Human Trafficking—Continue working with the Collier County Sheriff's Office to add measures to the 2012 Florida Human Trafficking Law that improve and strengthen current legislation. The Sheriff has proposed improved victim services, including both a juvenile and a separate adult residential treatment with detox services,trauma counseling, drug counseling, process addiction counseling, legal services and life skills coaching. He also advised regional commanders to provide coordination and access to training. 5. Uber - Aligning with the Florida Association of Counties (FAC), Collier County supports maintaining the integrity of home rule power, which allows counties to regulate taxis, limousines, ride-sharing services, and jitneys for the purpose of public safety and consumer protection. Conversely,the county opposes any effort that preempts to the state the regulation of chauffeured limousines, limousine services, ride-sharing services, taxis, and drivers of chauffeured limousines,taxis,or ride-sharing vehicles. 6. Economic Development Initiatives A. Soft Landing Business Accelerator Network: Collier County supports additional state legislative support at a$3.5 million level for Collier County's Soft Landing Accelerator 9.3.15 2 Network and the Immokalee segment of the project. The funding will be used for the development, build-out, and equipment necessary for an applied food sciences laboratory and commercial kitchen and packaging facilities. B. Health and Life Sciences: In conjunction and collaboration with the Naples Soft Landing Accelerator Network, Florida Gulf Coast University(SBDC),University of Florida, Florida State University Immokalee Medical Center, Health Care Network of Southwest Florida, support establishment of an applied health and life sciences center and accelerator focused on the support and development of innovation companies, technologies and products in the area of the human genome, nutrigenomics nutraceuticals, and super foods. Funding Requests: Collier County is requesting funding allocations from 2016 Florida Legislature appropriations for capital, water quality and other projects identified as critical needs in the community. The following projects have been identified based on deliberate, measured review: I. Water Projects: A. Naples Park Phase II B. Golden Gate City C. Griffin Road Area Stormwater Improvement Project D. Haldeman Weir Direct state advocacy efforts on behalf of Collier County to include additional support for legislative initiatives that increase opportunities for funding for local water resource projects with direct state support or additional funding through the FDEP and the South Florida Water Management District(SFWMD). Issues to Monitor: The BCC, on behalf of Collier County citizens, advocates for the overall principles of preserving the Home Rule authority of local governments; opposing state Preemption; opposing Unfunded Mandates; and protecting against Trust Fund Diversions. 1. Gulf Consortium — Support Collier County's continued participation in the federal RESTORE Act directives, including the State of Florida's Gulf Consortium. In the Transocean civil settlement, Collier County is eligible for more than $900,000. The federal court found British Petroleum (BP) to be "grossly negligent" in the Deepwater Horizon tragedy of April 2010. 9.3.15 3 Collier County will be submitting a Grant request for Restore Act funding via Component 2 —Comprehensive Plan Component. This will be a significant funding request to execute a comprehensive watershed improvement plan to restore historical watershed flow in the County,improve water quality and restore habitat.The State of Florida Department of Environmental Protection is responsible for administration of the Restore Component 2— Comprehensive Plan Component. They will provide the project evaluation and funding recommendations to the Governor. Lobbying support will be required to successfully secure this grant funding. 2. Utility Relocation Expense moved to Local Governments—Like the Florida Association of Counties(FAC)and the Florida League of Cities(FLC),the county opposes legislation requiring counties to pay for the relocation of private utilities when such utilities are located within a county-owned right of way and must be moved to accommodate a county project. 3. Tourism & Entertainment Incentives — Protect the current level of funding to VISIT FLORIDA and support increased funding. Also, support Entertainment Incentives for TV, film. 4. Growth Management& Impact Fees—Continue to support growth management regulations and home rule authority over administration of Collier County's existing impact fee program. 5. Public Record Requests — Request legislation adding to current public records law 119.07(1) a provision that includes Emergency Medical Technicians (EMT's) and Paramedics as exemptions, like firefighters and law enforcement. 6. Communications Services Tax(CST)—Oppose any legislation that would reduce or eliminate the CST; support present CST collections. Loss of CST represents $5 million annual impact to Collier County. 7. Transportation — Oppose diverting funds from the State Transportation Trust Fund to non-transportation projects. A total of$10.1 billion was funded for transportation items for the current FY 2015-16, including $9.3 billion for the Work Program. Also, pursue an increased return on dollars for Collier County, a long-time donor county. Collier County appreciates the efforts of FDOT which continually faces tremendous funding challenges in addressing the infrastructure needs of 67 Florida counties. 8. Libraries—Continue to support State Aid to Libraries and the Southwest Florida Library Network(SWFLN). Last session,there was about$34 million in statewide allocations. 9. Gaming—Continue to monitor the new Seminole Gaming Compact being negotiated by Governor Rick Scott and the Seminole tribe. Support at least three(3)%government share of any future gaming proceeds to finance future infrastructure needs. The Seminole gambling casino in Immokalee has plans to expand vertically. 10. Offshore Oil and Gas Drilling-Continue to support permanently prohibiting offshore oil and gas drilling in Florida territorial waters, which are within nine(9)geographic miles from the coast of the Gulf of Mexico. 9.3.15 4 11. Annexation of Isles of Capri and Collier Fire District into Greater Naples Fire Rescue District—Collier County supports continued efforts to consolidate fire services within the unincorporated county, and supports the annexation of Collier Fire District (District One). 9.3.15 Co er County 1. Inland Oil Drilling&Fracking—The Board of County Commissioners(BCC)has requested assistance from the Collier County Legislative Delegation to support legislation that improves and strengthens state rules and regulations governing oil well drilling activities. The BCC has entered into a formal agreement with the Florida Department of Environmental Protection(DEP)to jointly develop and support regulatory reforms in this industry. SB 1468(Sen Richter)and HB 1205 (Rep Rodrigues)were introduced in the 2015 Legislative Session,creating a statewide regulatory framework for fracking activities in the State of Florida that preempted local regulations/ordinances. The House bill died in messages and the Senate bill died in committee because of the abrupt end to Session when the House left. The bills will be filed again for 2016. Sen Richter and Rep Rodrigues are currently working together on the bill(s)and are taking into consideration issues raised by other Senators(Dean,Latvala, Hayes)who voiced concerns with 1468 toward the end of the 2015 Session. Sen Richter has a bill to file for 2016 Session in drafting now, his office said today. Included in the bill is the study with a $1 million appropriation. The legislators also will be working on the preemption language in the wake of local government anti-fracking ordinances.Thus far, Bonita Springs and Coconut Creek have ordinances on the books prohibiting fracking; at least 23 counties and municipalities have passed resolutions supporting a statewide ban on fracking. The proposed legislation would preempt future and existing ordinances. The Stipulation Agreement entered into by Collier County and the Florida Department of Environmental Protection (FDEP)on October 14,2014 is still valid. C 0 x Co er County Office of the County Manager MEMO Date: September 1, 2015 To: Board of County Commissioners From: Leo E. Ochs, Jr., County Manager ' -0 , CC: Nick Casalanguida, Deputy County Manager George Yilmaz, Public Utilities Department Head Bill Lorenz, Natural Resources Division Director Danette Kinaszcauk, Pollution Control Manager Subject: Onshore Oil Drilling Update Staff has been working diligently through the summer recess monitoring permits and coordinating with Florida Department of Environmental Protection (FDEP). It appears the recent reduction in oil prices has not dampened the interest in geophysical exploration activity. Since the last update two permits have been issued by FDEP for geophysical exploration, and one permit was issued for a traditional well. Our coordination efforts with FDEP have been very helpful and informative. The attached 4th hyperlinked document clarifies the results from our August 7, 2015 meeting where our staff and expert met with FDEP and their expert. The document identifies additional safeguards FDEP is willing to include as permit conditions or standard operating procedures on all future oil drilling permits. I am very pleased with the level of support and communication we have received from FDEP. I expect the upcoming legislative season will be active on this topic. Unless otherwise directed, staff will continue to follow Board direction and coordinate our comments and efforts through FDEP and our local legislative delegates. The information below will provide you the opportunity to review the upcoming schedule, recent history, permits, phases of production, and backup material. Calendar of events setting legislative priorities 1) 9/3/15-County Manager's office-2016 state legislative priorities discussion with lobbyists. C 2) 9/10/15-Board of County Commissioners Legislative Workshop. (.) Staff will be recommending that we work with Senator Richter's and Representative Rodrigues' offices and FDEP to support legislation that will allow FDEP to adequately regulate hydraulic fracturing. 3) 9/22/15-BCC Meeting-Formal adoption of legislative priorities. Recent history 4) All Senate Bills(1468 & 1582) and House Bills (1205, 1207, and 1209) related to oil and gas died during the 2015 legislative session. 5) The Environmental Protection Agency (EPA) released a draft assessment ( of the potential impacts to drinking water resources from hydraulic fracturing on June 4, 2015. AECOM provided comments tt z)) on the EPA's draft assessment. 6) Staff had multiple meetings with FDEP. FDEP's Brian Accardo and their expert from ALL Consulting Inc. Dan Arthur, attended a review of Collier County's recommendations with County Staff and County's expert from AECOM, Mike Bennett on 8/7/15. FDEP plans to incorporate various Collier County 2014 recommendations • allowable under existing regulations into oil/gas permits as permit conditions or standard operating procedures going forward. A document summarizing t4) the discussion and implementation intentions for the potential permit conditions/SOPs is available. 7) The City of Bonita Springs Council voted 6-0 to ban fracking on 7/15/15. Conventional drilling is still allowed. 8) Burnett Oil gave staff a presentation on 7/17/15 regarding Burnett's proposed 3-D Seismic Survey project(Permit G-170-15). This activity also needs to be approved at the federal level, the comment period was up on August 16, 2015. Burnett Oil is preparing comments to respond to the National Park Service. 9) Status of FDEP's deep well for testing near Collier Hogan well site: completed at 1600 feet below land surface, sampling in progress. Results are not yet available. 10)It was reported on 8/5/15 that Republican Evan Jenne, (Dania Beach), will re-file a bill to ban fracking. 11)Representative Rodrigues' office confirmed on 8/10/15 that he is planning on filing a bill similar to last year's HB 1205..15',. Staff was told that Senator Richter and Representative Rodrigues will be working together to develop bills. 12)Tocala LLC gave staff a presentation on 8/13115 regarding the geophysical exploration that is being planned east of Immokalee and in Hendry County. Summary of permits issued by FDEP in Collier County in the past year 1. Permit#G-166-13 ,J was issued by FDEP on 6/30/15 and is located in Hendry and Collier County The operator is Tocala LLC and the site was permitted on 6/30/15 for geophysical exploration. Collier Resources Company is the majority mineral rights owner. 2. Permit#G-170-15_11 O!for geophysical exploration and environmental resource permit 11-0323836-002 0_1'2 were issued on 7/15/15 by FDEP. The site is L located in Big Cypress National Preserve i 91 The operator is Burnett Oil, permitted for geophysical exploration in Big Cypress National Preserve. Collier Resources Company is the majority mineral rights owner. The activity at this site doesn't require a Sovereignty Submerged Lands Authorization or a permit from the Army Corps of Engineers. There is still outstanding approval required by the National Parks Service. The pending comment period ended August 15th, 2015. Burnett Oil is planning on responding back regarding the comments to the National Park Service within the next 1-2 weeks. 3. Permit 1335-C „i<', was issued on 6/30/15 by FDEP. The site is located on the Caracara Prairie Preserve, =:'1 (County owned land) and the operator is Century Oil Company Inc. The permit allows drilling, completion and testing the well which will be a lateral extending from an existing oil well bore. There are 21 mineral rights owners. 4. Collier County staff has also received an unsolicited request to conventionally drill for oil on the Immokalee airport property. This request will be disseminated to the Board for evaluation and consideration under a separate memorandum. Phases of petroleum production: Production/ Extraction Prospecting L Leasing/Aq u i ri ng Access •Developing & Producing •Transporting Drilling •Processing & Refining •Marketing & Sales Exploration 1. Prospecting is part of the Exploration Phase (Permits G-170-15 & G-166-13) a. Geophysical Methods-One geophysical method is seismic surveying. Sound waves are generated by a source such as small explosive charges embedded in the ground or by using heavy equipment.Application G- 170-15 indicates that the seismic waves will be created by Vibroseis trucks, which are large vehicles equipped with heavy plates that vibrate on the ground. Permit G-166-13 includes drilling of shot holes into which explosive charges will be placed and detonated. Both methods analyze the time it takes for the seismic waves to reflect off of subsurface formations based on density differences and return to the surface, similar to a bat using sonar or an ultrasound. Then a geophysicist can map subsurface formations and anomalies and predict where oil or gas may be trapped in sufficient quantities for exploration activities. Well logging, gravity, and magnetic surveys are also considered geophysical methods. b. Remote Sensing (RS) is the use of aerial photographs to locate and map surface features. c. A wildcat well is one that is drilled in a new area where no other wells exist and generally with scant information. 2. Well drilling and operating the well for a limited amount of time, typically 90 days, to determine if well is commercially viable is part of the Exploration Phase. (Permit 1335-C) This phase would include hydraulic fracturing if permitted. Hydraulic fracturing is not currently permitted for 1335-C. 3. Developing & Producing are part of a different phase, a different FDEP (operating) permit is required and typically is done after a well is proven to produce a commercially viable amount of oil. Back up materials: Due to the size of the documents they are accessible at the below links: (1) EPA website that includes the Assessment of the Potential Impacts of Hydraulic Fracturing for Oil and Gas on Drinking Water Resources ;External Review Draftl (2) AECOM's review summary of EPA's draft assessment http.//www.colliergoy net/ftprBCCWorkshop091015/%282%29 AECOM comments EPA Summary docx (3) Collier County's 2014 Recommendations http i/www colliergov.net'ftp;BCCWorkshop091015/%283.29 Collier County_2014 Rec ommendabons_pdf (4) Summary of 8/7/15 meeting implementation intentions http.iiwww colliergov netVftp/BCCWorkshop051c15ic,284%29 8-7-15 Meeting Notes. with Final Comments from FDEP pdf (5) Burnett Oil Presentation-Geophysical Exploration http l/www.colhergov netiftp/BCCWorkshop091015;%285%29 Burnett Oil Presentation STORICAL AND PLANNED SEISMIC ACTIVITIES IN THE BCNP AND FAQs 7- 21-2015 pptx (6) 2014 House Bill 1205 http//www.colIiergov netiftp/BCCWorkshop0910151%286%29 HB 1205- 2015 Session pdf (7) Tocala LLC Presentation-Geophysical Exploration http/rwww colliergov netiftp/BCCWorkshop091015 -<,287%29 Tocala Inc Presentation- Seismic Surface Operations pdf (8) Tocala LLC Geophysical Exploration Permit#G-166-13 http.rlwww colliergov netiftp/BCCWorkshop091015/%288%29 G-166- 13 FO Tocala Remand-state Derma only pdf (9) Map of Tocala's and Burnett Oil's Geophysical Exploration area and Well 1335-C. http,/wwv✓collieryov netiftp BCC'Woricshop051015:':';,289"',2ti Recent Oil- Gas Permit Map.pdf (10) Burnett Oil's Geophysical Exploration Permit#G-170-15 http//www.collierrov netiftp/BCCWorkshop091015i%2810%29 G-170- 15 Burnett Oil Final Permit cdf (11) Burnett Oil's Environmental Resource Permit http//www.colliergov net!'ftp/BCCWorkshop091015 2811'4,29 Burnett ERP PERMIT p df _ (12) Century Oil's permit for exploration of well located on Caracara http irwww colliergov netffta'BCCWorkshop091015'%2812%29 1335-C Drilling Permit- Caracara.pdf C Guest commentary: Sound legislation proposed to regulate Fla. oil and gas industry -Nap... Page 1 of 3 Guest commentary: Sound legislation proposed to regulate Fla . oil and gas industry BY: Garrett Richter POSTED: 1:32 PM,Aug 22, 2015 UPDATED: 1:38 PM,Aug 22, 2015 TAG:perspectives(/topic/perspectives) Guest commentary The recently published opinion piece by the Conservancy of Southwest Florida's Jennifer Hecker regarding the onshore oil and gas industry is misleading and inaccurate. This commentary is intended to describe the legislation that was proposed last session and present the facts associated with this issue. The fact is, during the 2015 legislative session, state Rep. Ray Rodrigues, R-Estero, and I filed good legislation that would have served to strengthen the regulatory framework governing the oil and gas industry. And, while it was on the precipice of passing last session, it ultimately did not, due to the early adjournment of the session. Despite Ms. Hecker's claims to the contrary,this legislation,which I plan to refile during the 2016 legislative session,would have granted the state Department of Environmental Protection far more oversight over the onshore oil and gas industry than it has now. Perhaps most importantly, this legislation would have required that a permit be obtained and approved by DEP before any high-pressure well stimulation http://www.naplesnews.com/opinion/perspectives/guest-commentary-sound-legislation-prop... 9/1/2015 Guest commentary: Sound legislation proposed to regulate Fla. oil and gas industry -Nap... Page 2 of 3 may occur, as under current law, operators could, at any time, conduct the same type of high-pressure well stimulation that occurred at the Collier-Hogan well in Collier County. Yet, Ms. Hecker stated that this legislation was a "weak oil regulatory bill." But what Ms. Hecker fails to point out is that her and the Conservancy's vehement opposition to this good bill meant they would rather see nothing pass, which only ensures the status quo remains intact and that Florida's environment is no more protected than it was when fracking-like activities took place at the Collier-Hogan well over a year ago. This approach makes little sense to me and I am disappointed that the Conservancy has already begun to wage a misinformation war rather than working collaboratively with me and other stakeholders. Since the adjournment of session, I have met with constituents and concerned third parties about the legislation I intend to refile to better govern the oil and gas industry and it will reflect many of the concerns I heard, including the concerns the Conservancy has shared with me. For instance, the legislation this year will not have a gallon threshold in the definition of"high-pressure well stimulation," ensuring we capture all fracking-like activities. It will also make clear that until a time that DEP adopts new rules and regulations to better govern the industry,there will be a moratorium on all high-pressure well stimulation techniques.And, finally,there will not be a separate public records exemption unique to oil and gas operations and all chemicals will be disclosed to the DEP. While Ms. Hecker's attack on what I believe to be good legislation is the highlight of her op-ed, she also helps make her argument with other misinformation; for example, her suggestion that there is, or may be in the future, oil drilling in the Everglades. The reality is the rights to drill in the Everglades were extinguished decades ago. http://www.naplesnews.com/opinion/perspectives/guest-commentary-sound-legislation-prop... 9/1/2015 Guest commentary: Sound legislation proposed to regulate Fla. oil and gas industry -Nap... Page 3 of 3 I am interested in facts, not mere rhetoric that only serves to derail an important debate with misinformation. I look forward to the 2016 legislative session and am prepared to address the actual facts so we can foster a real, meaningful conversation on the future of onshore oil and gas operations in the state of Florida. Editor's note: Richter submitted this guest commentary in response to the Conservancy's piece that was posted Thursday on naplesnews.com. Copyright 2015 Journal Media Group.All rights reserved.This material may not be published,broadcast, rewritten,or redistributed. http://www.naplesnews.com/opinion/perspectives/guest-commentary-sound-legislation-prop... 9/1/2015 MEMORANDUM Date: October 24, 2014 To: Dinny Neet, Paralegal/Legal Assistant County Attorney's Office From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: A Stipulation before the State of Florida Department of Environmental Protection, Collier County and Collier County Water-Sewer District v. Florida Department of Environmental Protection, and Dan A. Hughes Company, L.P. In the Division of Water Resource Management OGC File No.: 14-0012 Attached for your records is a copy of the Certified Stipulation referenced above, (Item #12B) adopted by the Board of County Commissioners on Tuesday, Octboer 14, 2014. The original Resolution will be held in the Minutes and Records Department for the Board's Official Record. If you have any questions, please call me at 252-7240. Thank you. Attachment STATE OF FLORIDA) COUNTY OF COLLIER) I , DWIGHT E . BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit , Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of : A Stipulation before the State of Florida Department of Environmental. Protection, Collier County and Collier County Water-Sewer District v. Florida Department of Environmental Protection, and Dan A. Hughes Company L.P. In the Division of Water Resource Management OGC File No. : 14-0012 WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 14th day of October, 2014 . DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissioners • V n By: Martha Ver-ara Dept ty Ole . k " • BEFORE THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION COLLIER COUNTY and COLLIER IN THE DIVISION OF COUNTY WATER-SEWER DISTRICT, WATER RESOURCE MANAGEMENT Petitioners, OGC File No.: 14-0012 v. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, and DAN A. HUGHES COMPANY, Respondents. STIPULATION This Stipulation is hereby entered by and between Collier County and the Collier County Water-Sewer District, the Petitioners, and the Florida Department of Environmental Protection, a Respondent, as of this ?-t khday of October, 2014. In consideration of Petitioners withdrawing their Petition (June 12, 2014) and Amended Petition (July 1, 2014), the Florida Department of Environmental Protection (hereinafter referred to as "FDEP") hereby agrees as follows: 1. The commitments set forth in Secretary Vinyard's letter dated September 12, 2014 to the Collier County Board of County Commissioners,a copy of which is attached as Exhibit A,arc hereby reaffirmed and incorporated by reference into this Stipulation as if fully set forth below. 2. One of the commitments in Secretary Vinyard's letter is that "[T]he Department will seek additional legislative authority to further strengthen our existing oil program regulations. This will include updating the current statutes to address new technologies and include greater protections. The Department commits to work collaboratively with the County to address its concerns as the legislative process moves forward." To clarify, FDFP confirms that this commitment covers all current oil well technologies, including the activities, technologies and processes engaged in by the Dan A. Hughes Company at the Collier-Hogan well site, including but not limited to those commonly referred to by the public as "fracking"or"acid fracking.'. 3. With respect to Secretary Vinyard's commitment regarding Legislative and Regulatory Actions, FDEP agrees that it will actively seek out, engage and work with all of the stakeholders in Collier County with respect to proposed legislative and regulatory changes, including but not limited to Collier County; the Collier County Water-Sewer District, The Conservancy, Collier Resources Company, as well as any other affected land owners. 4. Petitioners will file a Notice of Dismissal of their Petition within 5 business days of the full execution of this stipulation. IN WITNESS WHEREOF, the undersigned have executed this stipulation as of the date first set forth above. COLLIER COUNTY: ATTEST: ..:," BOARD OF COUNTY COMMISSIONERS DWIGHT`E.$ROCK:,Clerk COLLIER COUNTY, FLORIDA .•Deputy Cl ilk-- TOM HEN 1 G. C • IRiIAN Attest as to Gha rman's- ' i\ 1 PPIDVE OCI'OB •.114, 2014 signature only. -' AGENDA I`ira 12—B STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION ( r ..-1/ Ry: Herschel T. Vinyard Jr. Secretary P Approved as tojfortnand legality: Jeffrey A. Klatzknw County Attorney 2 E UUBIT A OM FLORIDA DEPARTMENT OF b ,s' ' ENVIRONMENTAL PROTECTION e s } �" MARJORY STONEMAN DOUGLAS BUILDING Ali 3900 COMMONWEALTH BOULEVARD �— 4."` a Wit; TALLAHASSEE,FLORIDA 32399-3000 September 12,2014 Collier County Board of Commissioners 3299 Tamiami Trail East Suite 303 Naples, Florida 34112 Dear Collier County Commissioners: It was a pleasure to be with you at this week's Collier County Commission meeting. I am grateful for the opportunity the Commission afforded me to discuss all the actions that the Florida Department of Environmental Protection (Department)is taking to protect the families and incredible natural resources of Collier County.The issues that we discussed regarding oil production and the protection of the groundwater resources are of the utmost importance, and I appreciate the clear message that the Commission sent in its desire to work collaboratively with the Department. I want nothing more than to work in a transparent and open manner with you—our local partners—for the benefit of the citizens and the environment. As I relayed to the Commission, the Department has been hard at work over the summer. taking action to hold Dan A. Hughes legally accountable, but we will not wait for the outcome of that litigation to seek out and eliminate any threats to groundwater resources. That is why the Department has already begun groundwater testing and investigation, starting with the drilling of six shallow monitoring wells.The Department will also undertake numerous additional protective measures at our own expense in the coming months. As requested by the Commission. 1 would like to formally commit in writing to the additional action items the Department will be taking to address the County's concerns, pertaining both to the Collier-Hogan well and legislative and regulatory proposals. Actions to Address the Collier-Hogan Well Later this month,the Department will install a 1.850 foot groundwater monitoring well to the base of the"underground source of drinking water."The location of the deep well will be downgradient of the Collier-Hogan well to be certain any contamination is detected. Water quality testing in this deep well will be completed,and sampling lab results will be released to the County and the public as soon as results are available. Collier County Commissioners Page 2 September 12,2014 Additionally,the Department will perform analysis of the flowback material produced at the Collier-Hogan well,immediately upon obtaining adequate samples of the material. The Department will use all legal means to obtain samples of the flowback material and analysis of the materials from any available sources.The Department will also investigate and address how Dan A.Hughes treated and disposed of the flowback material. The Department is hiring a team of independent third-party experts—with no ties to the Dan A.Hughes Company or Collier Resources Company—to assess the activities that took place at the Collier-Hogan well and determine whether those activities present any concern to the groundwater resources in Collier County.We will provide the County the opportunity to consult with the Department on the selection of the third-party experts and will ensure that the County's experts have the ability to collaborate with our experts in this endeavor. As part of the work of the third-party experts,the Department will require an analysis of the two plugged wells nearby the Collier-Hogan well(Gulf Coast Realty Corporation C I Well, Permit Number 86 and Gulf Coast Realty Corporation E 1 Well,Permit Number 103).The analysis will include an assessment of whether the two wells could have been affected by the Collier-Hogan well,whether they present any concern of contamination to the underground source of drinking water and whether re-entering those old wells is recommended. If, at any time,cpntamination of groundwater is discovered related to the Collier-Hogan well,the Department will seek full assessment and remediation of the contamination:as required by its legal authorities to protect public or private water sources.. Leeislativ and Reaulatory Actions The Department will seek additional legislative authority to further strengthen our existing oil program regulations.This will include updating the current statutes to address new technologies and include greater protections.The Department commits to work collaboratively with the County to address its concerns as the legislative process moves forward. As part of this process,we will seek to increase the maximum penalty amounts available, to ensure that energy companies like Dan A.Hughes Company will be deterred from engaging in an unauthorized activity.We will seek greater authority from the Legislature to consider operators' prior history of violations in other states as part of the Department's permitting decisions.We will seek additional authority to require the latest technology to conduct real-time well monitoring on a continuous basis for all active wells in Florida.We will also seek to increase the current bond requirements for oil well operators to make certain that,in the event of a spill,there is more than adequate funding to perform complete cleanup and remediation activities. ;;c it dry Collier County Commissioners Page 3 September 12,2014 Again,thank you for your support of the Department's efforts to protect our citizens.I want to reiterate what I said at the Commission meeting—the Department will openly support the County should it chose to join us in the litigation that is currently pending against Dan A.Hughes;both our enforcement action in Collier County Circuit Court and the permit revocation action in Tallahassee.!have extended the same offer to the Conservancy of Southwest Florida, should it choose to participate in those actions. I have a deep appreciation for the critical role local government plays in protecting the health, safety and welfare of Florida's residents and the environment.I know by standing together we will guarantee a safe,clean and abundant drinking water supply for Collier County's families. Sincerely, aLal' ' •..� . Herschel T.Vinyard Jr. Secretary ,rl,-1t uep.1C1IV.1171k co er County 2. Bike and Pedestrian Safety—Collier County will ask the Florida Department of Transportation(FDOT)District One Secretary Billy Hattaway how Collier County can assist in his 2015 Pedestrian and Bicycle Focused Initiative in a complementary fashion. Collier County will also participate in a statewide task force to address these safety issues and education effectively. Collier The BCC on January 13,2015 adopted Ordinance 2015-02,which is known as the Collier County Anti-Harassment Ordinance and makes it a misdemeanor to harass a bicyclist,pedestrian,runner or person in a wheelchair using the public right of way; provides for inclusion in the Code of Laws and Ordinances;provides for conflict and severability; and provides for an effective date. FIB 231 (Rep Passidomo)passed all 4 committees of reference;the last 3 were unanimous votes and the companion, SB 908 (Sen Altman)passed all 3 committees of reference unanimously. The bills ultimately died on the calendar because of the untimely end of the 2015 Regular Session. FDOT District 1 Secretary Hattaway continues to support efforts strengthening non-motorized safety and education standards. Legislation addressing these issues is expected to be filed in 2016. Bicycle and pedestrian safety language is likely to be included in committee transportation packages as well. Collier County Commissioner Georgia Hiller was selected in 2015 to be a member of the statewide FDOT Bicycle and Pedestrian Partnership Council,upon a recommendation by the Florida Association of Counties(FAC). Rep. Passidomo has indicated she will file similar legislation for the 2016 Session. WightDebbie From: WightDebbie ant: Tuesday, September 01, 2015 10:46 AM t"o: WightDebbie Subject: FW: Florida among deadliest states for bicyclists • Florida among deadliest states for bicyclists -8/31/15 A comprehensive review of bicycling deaths shows Florida has the highest rate of such incidents in the nation, according to Emerson Brito of The Tampa Tribune. Florida's rate of bicycling fatalities, at 0.57 deaths per 100,000 people, is double the nationwide rate of 0.23 deaths per 100,000. Worse, Florida has proven less effective than nearly any other state at reducing fatalities through policy, behind only Wyoming. The number of bicyclist deaths per 100,000 people declined 44 percent nationally, while deaths in Florida declined only 10 percent during the same period. Bicyclists die on U.S. roads at a rate double that of vehicle occupants, even though bicycle travel accounts for only about 1 percent of trips across all modes of transportation, according to the report entitled "Bicyclist Deaths Associated with Motor Vehicle Traffic-- United States, 1975-2012." -)licymakers have already responded with some new measures, including a new"complete streets" policy that calls for roadways to match the context of their location. For instance, in busier areas, motor vehicle lanes should be narrower with slower speed. But those measures take time and significant resources, unlike greater safety education for both cyclists and drivers. "The number one issue is motorist education," said Alan Snel, a long-time Tampa bicycle advocate who co-founded the Seminole Heights Bicycle Club and now lives in Nevada. "They would curse and honk at you ... drivers were just not used to a lot of bicyclists on the road," he said. Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 WightDebbie From: WightDebbie ant: Monday, August 10, 2015 5:01 PM i o: 'Comerer, Kevin' Cc: WightDebbie Subject: RE: Do you know if Rep Passidomo plans to file a bill about bike & ped safety in 2016 Legislative Session? Thanks Kevin! From: Comerer, Kevin [mailto:Kevin.Comerer@ mvfloridahouse.gov] Sent: Monday, August 10, 2015 2:57 PM To: WightDebbie Subject: RE: Do you know if Rep Passidomo plans to file a bill about bike & ped safety in 2016 Legislative Session? Yes, we are currently working on a draft. From: WightDebbie [mailto:DebbieWightCa�colliergov.net] Sent: Monday, August 10, 2015 2:45 PM To: Comerer, Kevin; Bradstreet, Kristin Cc: WightDebbie Subject: Do you know if Rep Passidomo plans to file a bill about bike & ped safety in 2016 Legislative Session? Importance: High 'ranks! Regards, Debbie Wight Collier County Legislative Affairs Coordinator 239-252-2360 office 239-289-4214 cell Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity. Instead,contact this office by telephone or in writing. 1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 231 2015 1 A bill to be entitled 2 An act relating to transportation; amending s . 3 316 . 003, F. S . ; providing definitions; creating s . 4 316. 0275, F. S . ; providing criminal penalties for 5 certain noncriminal traffic infractions that cause 6 serious bodily injury or death to a person; defining 7 the term "serious bodily injury"; amending s . 316 . 083, 8 F. S . ; revising provisions relating to the passing of a 9 vehicle; directing a law enforcement officer issuing a 10 citation for specified violations to note certain 11 information on the citation; amending s . 316 . 0875, 12 F. S . ; revising exceptions to provisions for designated 13 no-passing zones; amending s . 316. 1925, F. S . ; revising 14 provisions relating to careless driving; directing a 15 law enforcement officer issuing a citation for 16 specified violations to note certain information on 17 the citation; creating s . 318 . 142, F. S. ; providing 18 penalties for specified infractions contributing to 19 bodily injury of a vulnerable user; amending s . 20 318 . 19, F. S . ; requiring a hearing for specified 21 offenses; providing an effective date . 22 23 WHEREAS, the Legislature recognizes that everyone must 24 share the road, and 25 WHEREAS, there are laws in place, such as ss . 316 . 2065 and 26 316. 2068, Florida Statutes, that require certain vulnerable road Page 1 of 8 CODING: Words stricken are deletions; words underlined are additions. hb0231-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CSIHB 231 2015 27 users to follow safe practices when operating on the roadways of 28 the state, and 29 WHEREAS, there are laws in place that similarly require 30 persons who operate a vehicle on the highways of the state to 31 operate the vehicle in a safe manner, and 32 WHEREAS, it is the intent of the Legislature to amend the 33 Florida Uniform Traffic Control laws to protect vulnerable road 34 users while balancing their rights against the rights of those 35 who choose to travel by motor vehicle, NOW, THEREFORE, 36 37 Be It Enacted by the Legislature of the State of Florida: 38 39 Section 1 . Subsections (94) and ( 95) are added to section 40 316 . 003, Florida Statutes, to read: 41 316. 003 Definitions .—The following words and phrases, when 42 used in this chapter, shall have the meanings respectively 43 ascribed to them in this section, except where the context 44 otherwise requires : 45 (94 ) BODILY INJURY.—Except for purposes of any statute 46 referring to the term "serious bodily injury, " the term "bodily 47 injury" means an injury to a human being consisting of a broken 48 bone, a torn ligament, a concussion, a laceration requiring 49 stitches, or any other physical injury that results in 50 impairment of the function of a bodily member, organ, or mental 51 faculty. 52 (95) VULNERABLE USER OF A PUBLIC ROADWAY OR VULNERABLE Page 2 of 8 CODING: Words stricken are deletions; words underlined are additions. hb0231-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 231 2015 53 USER.- 54 (a) A pedestrian, including a person actually engaged in 55 work upon a highway, work upon utility facilities along a 56 highway, or the provision of emergency services within the 57 right-of-way; 58 (b) A person operating, or who is a passenger on, a 59 bicycle, motorcycle, scooter, or moped lawfully on the roadway; 60 (c) A person riding an animal; or 61 (d) A person lawfully operating on a public roadway, 62 crosswalk, or shoulder of the roadway: 63 1 . A farm tractor or similar vehicle designed primarily 64 for farm use; 65 2 . A horse-drawn carriage; 66 3 . An electric personal assistive mobility device; or 67 4 . A wheelchair. 68 Section 2 . Section 316. 0275, Florida Statutes, is created 69 to read: 70 316 . 0275 Noncriminal traffic infractions leading to 71 serious bodily injury or death; reclassification. - 72 (1) Notwithstanding any other provision of law, if an 73 individual commits and is convicted of a noncriminal traffic 74 infraction under this chapter which causes serious bodily injury 75 or death to a person and, within 5 years after that violation, 76 commits and is convicted of another noncriminal traffic 77 infraction under this chapter which causes serious bodily injury 78 or death to a person, the second such violation shall be Page 3 of 8 CODING: Words ctricker.are deletions; words underlined are additions. hb0231-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 231 2015 79 reclassified as a misdemeanor of the first degree, punishable as 80 provided in s . 775 . 082 or s . 775 . 083, and the individual ' s 81 driver license shall be suspended for 3 months . At the end of 82 the suspension, the driver must apply for a new driver license 83 and pass all required examinations pursuant to s . 322 . 08, and 84 pay all required fees for such license. During the 3 month 85 suspension, a driver may apply for a hardship waiver under s . 86 322 . 27 . 87 (2 ) As used in this section only, the term "serious bodily 88 injury" means an injury to a person, excluding an injury to the 89 at-fault driver, which consists of a physical condition that 90 creates a substantial risk of death, serious personal 91 disfigurement, or protracted loss or impairment of the function 92 of any bodily member or organ. 93 Section 3 . Section 316. 083, Florida Statutes, is amended 94 to read: 95 316 . 083 Overtaking and passing a vehicle .—The following 96 provisions rules shall govern the overtaking and passing of a 97 vehicle vehicles proceeding in the same direction, subject to 98 those limitations, exceptions, and special rules hereinafter 99 stated: 100 (1) The driver of a vehicle overtaking another vehicle 101 proceeding in the same direction shall give an appropriate 102 signal as provided for in s . 316. 156, shall pass to the left 103 thereof at a safe distance, and shall not again drive to the 104 right side of the roadway until safely clear of the overtaken Page 4 of 8 CODING: Words strip are deletions; words underlined are additions. hb0231-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 231 2015 105 vehicle. 106 (2) The driver of a motor vehicle overtaking a person 107 operating a bicycle or other vulnerable user of a public roadway 108 nonmotorizcd vchicic must pass the person operating the bicycle 109 or other vulnerable user -o • o o ' -o - at a safe distance 110 of not less than 3 feet between any part of or attachment to the 111 motor vehicle, anything extending from the motor vehicle, and 112 any trailer or other thing being towed by the motor vehicle and 113 the bicycle, the person operating the bicycle, or other 114 vulnerable user nonmotorizcd vchicic . 115 (3) (2) Except when overtaking and passing on the right is 116 permitted, the driver of an overtaken vehicle shall give way to 117 the right in favor of the overtaking vehicle, on audible signal 18 or upon the visible blinking of the headlamps of the overtaking 119 vehicle if such overtaking is being attempted at nighttime, and 120 shall not increase the speed of his or her vehicle until 121 completely passed by the overtaking vehicle . 122 (4 ) (3) A violation of this section is a noncriminal 123 traffic infraction, punishable as a moving violation as provided 124 in chapter 318 . If a violation of this section contributed to 125 the bodily injury of a vulnerable user of a public roadway, the 126 law enforcement officer issuing the citation for the violation 127 shall note such information on the citation. 128 Section 4 . Subsection (3) of section 316. 0875, Florida 129 Statutes, is amended to read: 130 316 . 0875 No-passing zones .— Page 5 of 8 CODING: Words strickenri are deletions; words underlined are additions. hb0231-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CSICS/HB 231 2015 131 (3) This section does not apply to a person who safely and 132 briefly drives to the left of the center of the highway only to 133 the extent necessary to: 134 (a) Avoid Whcn an obstruction; exists making it necessary 135 to drive to the left of the center of the highway, nor 136 (b) Turn To the driver of a vehicle turning left into or 137 from an alley, private road, or driveway; or 138 (c) Comply with the requirements regarding a safe distance 139 to pass a vulnerable road user, as required by s . 316 . 083 (2) . 140 Section 5 . Section 316 . 1925, Florida Statutes, is amended 141 to read: 142 316 . 1925 Careless driving.- 143 (1) A A person operating a vehicle upon the streets or 44 highways within the state shall drive the same in a careful and 145 prudent manner, having regard for the width, grade, curves, 146 corners, traffic, and all other attendant circumstances, so as 147 not to endanger the life, limb, or property of any person. A 148 person who fails Failure to drive in such manner commits shall 149 constitute careless driving and a violation of this section. 150 (2) Any person who violates this section shall be cited 151 for a moving violation, punishable as provided in chapter 318 . 152 (2) If a violation under subsection (1) contributed to the 153 bodily injury of a vulnerable user of a public roadway, the law 154 enforcement officer issuing the citation for the violation shall 155 note such information on the citation. 156 Section 6. Section 318 . 142, Florida Statutes, is created Page 6 of 8 CODING: Words stricken are deletions; words underlined are additions. hb0231-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 231 2015 157 to read: 158 318 . 142 Infractions contributing to bodily injury of a 159 vulnerable user of a public roadway.—In addition to any other 160 penalty imposed for a violation under s . 316 . 083 or s . 316. 1925, 161 if the violation contributed to the bodily injury of a 162 vulnerable user of a public roadway as defined in s . 316. 003, 163 the designated official may impose a fine of not more than 164 $2, 000 . 165 Section 7 . Section 318 . 19, Florida Statutes, is amended to 166 read: 167 318 . 19 Infractions requiring a mandatory hearing.—Any 168 person cited for the infractions listed in this section shall 169 not have the provisions of s . 318 . 14 (2) , (4 ) , and (9) available 70 to him or her but must appear before the designated official at 171 the time and location of the scheduled hearing: 172 (1) Any infraction which results in a crash that causes 173 the death of another; 174 (2) Any infraction which results in a crash that causes 175 "serious bodily injury" of another as defined in s . 316. 1933 (1) ; 176 (3) Any infraction of s . 316. 172 (1) (b) ; 177 (4 ) Any infraction of s . 316. 520 (1) or (2) ; or 178 (5) Any infraction of s . 316 . 183 (2) , s . 316. 187, or s . 179 316 . 189 of exceeding the speed limit by 30 m.p. h. or more; or 180 (6) Any infraction of s . 316 . 083 or s . 316. 1925 which 181 contributes to bodily injury of a vulnerable user of a public 182 roadway as defined in s . 316 . 003 . Page 7 of 8 CODING: Words stricken are deletions; words underlined are additions. hb0231-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CSICSIHB 231 2015 183 Section 8 . This act shall take effect July 1, 2015 . Page 8 of 8 CODING: Words stricken are deletions; words underlined are additions. hb0231-03-c3 HOUSE OF REPRESENTATIVES STAFF ANALYSIS BILL #: CS/CS/CS/HB 231 Transportation SPONSOR(S): Economic Affairs Committee; Criminal Justice Subcommittee; Highway & Waterway Safety Subcommittee; Passidomo; Fitzenhagen and others TIED BILLS: None IDEN./SIM. BILLS: SB 908 REFERENCE ACTION ANALYST STAFF DIRECTOR or BUDGET/POLICY CHIEF 1) Highway &Waterway Safety Subcommittee 8 Y, 4 N, As CS Whittaker Smith 2) Criminal Justice Subcommittee 12 Y, 0 N, As Cunningham Cunningham CS 3) Transportation & Economic Development 12 Y, 0 N Cobb Davis Appropriations Subcommittee 4) Economic Affairs Committee 16 Y, 0 N, As Whittaker Creamer CS SUMMARY ANALYSIS The bill amends and creates various sections of Florida Statutes designed to protect bicyclists and vulnerable users of a public roadway. Specifically, the bill: • Defines "bodily injury," and "vulnerable user of a public roadway or vulnerable user;" • Makes it a first degree misdemeanor for a person to commit a noncriminal traffic infraction that causes serious bodily injury or death and, within 5 years of such violation, commit another noncriminal traffic infraction that causes serious bodily injury or death. The license will also be suspended for 3 months and require the driver to apply for a new license, pass required exams and pay required fees; • Requires a vehicle to pass at a safe distance of not less than three feet between any part of or attachment to the vehicle, anything extending from the vehicle, and any trailer or other thing being towed by the vehicle and a vulnerable user; • Allows a driver to drive on the left side of a roadway in a no passing zone safely and briefly, when passing a vulnerable user in order to provide at least three feet between the vehicle and the vulnerable user; • Specifies a fine of no more than $2,000 may be imposed, in addition to any other penalty, if a traffic violation contributed to the bodily injury of a vulnerable user; • Requires a person cited for specified traffic infractions that contributed to the bodily injury of a vulnerable user to appear before a judge for a hearing; • Requires a law enforcement officer to note on certain traffic citations if the violation contributed to the bodily injury of a vulnerable user. The bill has an indeterminate fiscal impact on state and local governments' revenues and expenditures. The bill may also increase the need for jail beds because it creates a first degree misdemeanor offense. See fiscal section for additional detail. The bill is effective July 1, 2015. FULL ANALYSIS This document does not reflect the intent or official position of the bill sponsor or House of Representatives. STORAGE NAME: h0231h.EAC DATE:4/16/2015 I. SUBSTANTIVE ANALYSIS A. EFFECT OF PROPOSED CHANGES: Protecting Bicyclists In Florida, bicyclists are considered vehicle operators, and are required to obey the same rules of the road as other vehicle operators, including obeying traffic signs, signals, and lane markings. In 2013, Florida crash reports show that 7,467 pedestrians, 7,905 motorcyclists, 6,520 bicyclists, and 432 other non-motorists were injured in traffic crashes.' In 2014, the Florida Legislature passed legislation2 that ranked a "leaving the scene of an accident" offense one level higher in the offense severity ranking chart3 if the victim of the offense was a vulnerable road user.4 The bill defined a "vulnerable road user" as: • A pedestrian, including a person actually engaged in work upon a highway, work upon utility faculties along a highway, or the provision of emergency services within the right-of-way; • A person operating a bicycle, motorcycle, scooter, or moped lawfully on the roadway; • A person riding an animal; or • A person lawfully operating on a public right-of-way, crosswalk, or shoulder of the roadway: o A farm tractor or similar vehicle designed primarily for farm use; o A skateboard, roller skates, or in-line skates; o A horse-drawn carriage; o An electric personal assistive mobility device; or o A wheelchair.5 Definitions The bill creates definitions for the terms "bodily injury" and "vulnerable user or vulnerable user of a public roadway." These definitions apply to all of ch. 316, F.S. "Bodily injury" is defined as an injury to a human being consisting of: • Broken bone; • Torn ligament; • Concussion; • Laceration requiring stitches; or • Any other physical injury that results in impairment of the function of a bodily member, organ, or mental faculty. "Vulnerable user of a public roadway" or "vulnerable user" is defined as: • A pedestrian, including a person actually engaged in work upon a highway, work upon utility facilities along a highway, or the provision of emergency services within the right-of-way; • A person operating, or who is a passenger on, a bicycle, motorcycle, scooter, or moped lawfully on the roadway; • A person riding an animal; or • A person lawfully operating on a public roadway, crosswalk, or shoulder of the roadway: o A farm tractor or similar vehicle designed primarily for farm use; o A horse-drawn carriage; o An electric personal assistive mobility device; or ' Florida Department of Highway Safety and Motor Vehicles, Traffic Crash Facts Annual Report 2013, http://www.flhsmv.gov/html/safety.html (last visited March 26,2015). 2 Ch. 2014-225, Laws of Florida. Criminal offenses are ranked in the"offense severity ranking chart" from level one(least severe)to level ten(most severe)and are assigned points based on the severity of the offense. A defendant's sentence is calculated based on points assigned for factors icluding:the offense for which the defendant is being sentenced; injury to the victim; additional offenses that the defendant committed at the time of the primary offense;the defendant's prior record and other aggravating factors.The points are added in order to determine the"lowest permissible sentence"for the offense.See ss. 921.0022 and 921.0024,F.S. 4 s. 316.027(2)(f),F.S. s s. 316.027(1)(b),F.S. STORAGE NAME: h0231h.EAC PAGE: 2 DATE:4/16/2015 o A wheelchair. Overtaking and Passing Section 316.083, F.S., requires a driver of a vehicle overtaking a bicycle (or other non-motorized vehicle) to pass at a safe distance of no less than three feet between the vehicle and the bicycle. A violation is a noncriminal traffic infraction punishable as a moving violation.6 Effect of the Bill The bill expands the requirements of s. 316.083, F.S., to apply to motor vehicles overtaking a vulnerable user of a public roadway. The bill requires a vehicle to pass at a safe distance of not less than three feet between any part of or attachment to the vehicle, anything extending from the vehicle, and any trailer or other thing being towed by the vehicle and the vulnerable user. Violations remain a noncriminal traffic infraction. However, if the violation contributed to the bodily injury of a vulnerable user, the bill requires the law enforcement officer issuing the citation to make a note of such on the citation. No Passing Zones Section 316.0875, F.S., prohibits a driver from driving on the left side of a roadway in a no passing zone.' This prohibition does not apply when an obstruction exists making it necessary to drive to the left of the center of the highway, nor to the driver of a vehicle turning left into or from an alley, private road or driveway.8 A violation is a noncriminal traffic infraction, punishable as a moving violation.' Effect of the Bill As noted above, s. 316.0875, F.S., prohibits a driver from driving on the left side of a roadway in a no passing zone. The bill specifies that this prohibition does not apply when the driver of a motor vehicle is required to cross pavement striping indicating a no-passing zone when passing a vulnerable user in order to provide at least three feet between the vehicle and the vulnerable user. Careless Driving Section 316.1925, F.S., requires a person operating a vehicle upon the streets or highways within the state to drive in a careful and prudent manner, having regard for the width, grade, curves, corners, traffic, and all other attendant circumstances, so as not to endanger the life, limb, or property of any person. A person's failure to do so is careless driving, citable as a moving violation.10 Effect of the Bill The bill requires a law enforcement officer issuing a careless driving citation to make a note on the citation if the violation contributed to the bodily injury of a vulnerable user. Newly-Created Sections Noncriminal Traffic Infractions Causing Serious Bodily Injury or Death The bill creates s. 316.0275, F.S., to make it a first degree misdemeanor" for a person to commit and be convicted of a noncriminal traffic infraction that causes serious bodily12 injury or death and, within 5 s. 316.083(3),F.S. Section 316.0875,F.S., authorizes the Department of Transportation and local authorities to determine those portions of any highway under their respective jurisdiction where overtaking and passing or driving to the left of the roadway would be especially hazardous. The statute also authorizes these entities to,by appropriate signs or markings on the roadway, indicate the beginning and end of such ones. s. 316.0875(3),F.S. 9 s. 316.0875(4), F.S. 10 s. 316.1925(2),F.S. " A first degree misdemeanor is punishable by up to one year in county jail and a$1,000 fine. ss. 775.082 and 775.083,F.S. STORAGE NAME: h0231h.EAC PAGE: 3 DATE:4/16/2015 years of such violation, commit another noncriminal traffic infraction that causes serious bodily injury or death. A person who violates this provision must also have their driver license suspended for three months and at the end of the suspension, the individual must pass all required exams and pay all required fees as if they were obtaining a new driver license. During the three month suspension, the individual can apply for a hardship license. The term "serious bodily injury" is defined as an injury to a person, excluding an injury to the at-fault driver, which consists of a physical condition that creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of any bodily member or organ. Infractions Contributing to Bodily Injury of a Vulnerable User The bill creates s. 318.142, F.S., which specifies a fine of no more than $2,000 may be imposed, in addition to any other penalty, if a violation of ss. 316.083 or 316.1925, F.S., contributed to the bodily injury of a vulnerable user. Mandatory Hearing Section 318.19, F.S., requires persons cited for the following to appear before a judge for a hearing: • Any infraction which results in a crash that causes the death of another; • Any infraction which results in a crash that causes "serious bodily injury" of another; • Any infraction of s. 316.172(1)(b), F.S. (requiring traffic to stop for a school bus); • Any infraction of s. 316.520(1) or (2), F.S. (relating to loads on vehicles); or • Any infraction of ss. 316.183(2), 316.187, or 316.189, F.S. (all relating to speed zones), of exceeding the speed limit by 30 miles per hour or more. Effect of the Bill The bill requires a person cited for any of the following traffic infractions that contributed to the bodily injury of a vulnerable user to appear before a judge for a hearing: • Any infraction of s. 316.083, F.S. (overtaking or passing); or • Any violation of s. 316.1925, F.S. (careless driving). B. SECTION DIRECTORY: Section 1. Amends s. 316.003, F.S., relating to definitions. Section 2. Creates s. 316.0275, F.S., relating to noncriminal traffic infractions leading to serious bodily injury or death; reclassification. Section 3. Amends s. 316.083, F.S., relating to overtaking and passing a vehicle. Section 4. Amends s. 316.0875, F.S., relating to no-passing zones. Section 5. Amends s. 316.1925, F.S., relating to careless driving. Section 6. Creates s. 318.142, F.S., relating to infractions contributing to bodily injury of a vulnerable user of a public roadway. Section 7. Amends s. 318.19, F.S., relating to infractions requiring a mandatory hearing. Section 8. Provides an effective date of July 1, 2015. 12 The bill defines"serious bodily injury"as an injury to a person,excluding the at fault driver, which consists of a physical condition that creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of any bodily member or organ. STORAGE NAME: h0231h.EAC PAGE:4 DATE:4/16/2015 II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT A. FISCAL IMPACT ON STATE GOVERNMENT: 1. Revenues: Indeterminate. See fiscal comments. 2. Expenditures: See fiscal comments. B. FISCAL IMPACT ON LOCAL GOVERNMENTS: 1. Revenues: Indeterminate. See fiscal comments. 2. Expenditures: Indeterminate. See fiscal comments. C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR: None D. FISCAL COMMENTS: Payments of reinstatement fees for suspended licenses will have a positive impact to state revenues. The DHSMV estimates approximately 626 nonrecurring programming hours, and associated costs of $46,000, will be required to update current driver license issuance systems to comply with the new provisions. These expenses will be absorbed within existing departmental resources. The bill creates one first degree misdemeanor. The bill makes it a first degree misdemeanor for a person committing a noncriminal traffic infraction which causes serious bodily injury or death to a person, twice within five years. This provision will have an indeterminate, negative impact on local jail beds. The bill requires a person cited for certain traffic infractions (overtaking or careless driving) that contribute to the bodily injury of a vulnerable user to appear for a judicial hearing. This will have an indeterminate impact on the workload of the judiciary. III. COMMENTS A. CONSTITUTIONAL ISSUES: 1. Applicability of Municipality/County Mandates Provision: The bill does not require a municipality or county to expend funds or to take any action requiring the expenditure of funds. The bill does not reduce the authority that municipalities or counties have to raise revenues in the aggregate. The bill does not require a reduction of the percentage of state tax shared with municipalities or counties. 2. Other: None STORAGE NAME: h0231h.EAC PAGE:5 DATE:4/16/2015 B. RULE-MAKING AUTHORITY: The bill does not appear to create a need for rulemaking or rulemaking authority. C. DRAFTING ISSUES OR OTHER COMMENTS: None IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES On March 11, 2015, the Highway &Waterway Safety Subcommittee adopted one amendment to HB 231 and reported the bill favorably as a committee substitute. The amendment: • Specified that in addition to any other penalty imposed, if a traffic violation contributed to the bodily injury of a vulnerable user, a fine of not more than $2,000 shall be imposed. • Removes the requirement for traffic education courses to include instruction on traffic laws relating to the rights and safety of vulnerable users. • Removes the requirement for driver license and commercial driver license examinations to include testing of an applicant's knowledge of traffic laws relating to the rights and safety of vulnerable users. On March 24, 2015, the Criminal Justice Subcommittee adopted a strike-all amendment and one amendment to the strike-all amendment and reported the bill favorably as a committee substitute. The amendments, collectively: • Corrected references to a "vulnerable user of a public right-of-way" to a "vulnerable user of a public roadway;" • Removed "skateboard, roller skates, or in-line skaters" from the definition of "vulnerable users;" • Prohibited a person overtaking and passing a vulnerable user of a public roadway from making a right or left turn at an intersection unless the turn can be made at a safe distance; • Removed the provision relating to substandard lane widths; and • Made it a first degree misdemeanor for a person to commit a noncriminal traffic infraction that causes serious bodily injury or death and, within 5 years of such violation, commit another noncriminal traffic infraction that causes serious bodily injury or death. On April 14, 2015, the Economic Affairs Committee adopted a strike all amendment and the reported the bill favorably as a committee substitute. The amendments, collectively: • Revises the definition of the term "bodily injury." • Requires a three month driver license suspension for a person who commits a noncriminal traffic infraction that causes serious bodily injury or death and, within 5 years of such violation, commits another noncriminal traffic infraction that causes serious bodily injury or death and provides requirements for a possible hardship license during the suspension period and for reinstatement once the three month period has expired. The term "serious bodily injury" is defined. • Removed prohibiting passing and turning in front of a vulnerable user in an unsafe manner. • Removed prohibiting harassing, taunting, or throwing objects at a person riding a bicycle. • Specifies a fine of no more than $2,000 may be imposed, in addition to any other penalty, if a violation of ss. 316.083 or 316.1925, F.S., contributed to the bodily injury of a vulnerable user. • Removed the severability language. The analysis is drafted to the committee substitute as reported favorably by the Economic Affairs Committee. STORAGE NAME: h0231h.EAC PAGE:6 DATE:4/16/2015 WightDebbie rom: WightDebbie ant: Friday, August 14, 2015 12:26 PM To: WilkisonDavid; CasalanguidaNick; HayesKaren; PettitJim Cc: WightDebbie; PattersonAmy; Bacot, Brett Subject: FW: Bike and Pedestrian Info Importance: High Below is info on FDOT Bicycle and Pedestrian Partnership Council which Commissioner Hiller was appointed to, on recommendation by the Florida Association of Counties(FAC). Thanks, Debbie From: Bacot, Brett [mailto:Brett.Bacot @bipc.com] Sent: Wednesday, January 28, 2015 9:41 AM To: Wig htDebbie Subject: Bike and Pedestrian Info Debbie, Here is the contact info for the bike and pedestrian task force for C. Hiller. I'll find out today when their next meeting is scheduled: Here is a link to their website: http://www.dot.state.fl.us/planning/policy/bikeped/ rielanie Weaver Carr with FDOT is staff to the Council (I believe she sent an email regarding the vacancy to you already) and Jim Wood, Director, Office of Policy Planning with FDOT is the Chair of the Council. Their info is below: Melanie Weaver Carr melanie.carrdot.state.fl.us 850-414-4817 Jim Wood iim.m.wood dot.state.fl.us 850-414-4800 Brett Bacot Government Relations Professional 101 N. Monroe Street Suite 1090 Tallahassee, FL 32301 850 681 4269 (o) 850 445 1465 (c) brett.bacot@bipc.com vCard I Bio I BIPC.com I Twitter I LinkedIn 'ichanan Ingersoll & Rooney PC FOWLER WHITE BOGGS 1 FLORIDA DEPARTMENT OfSTATE RICK SCOTT KEN DETZNER Governor Secretary of State January 16, 2015 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Martha Vergara, BMR Senior Clerk Dear Mr. Brock: Pursuant to the provisions of Section 125.66,Florida Statutes,this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2015-02, which was filed in this office on January 16, 2015. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 • Facsimile: (850) 488-9879 www.dos.state.fl.us ORDINANCE NO. 2015 -02 AN ORDINANCE CREATING THE COLLIER COUNTY ANTI- HARASSMENT ORDINANCE, MAKING IT A MISDEMEANOR TO HARASS A BICYCLIST, PEDESTRIAN, RUNNER, OR PERSON IN A WHEELCHAIR USING THE PUBLIC RIGHT-OF-WAY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on October 7, 2014, the Collier County Board of Commissioners (Board) conducted a workshop on bicycle safety; and WHEREAS, during this workshop it became apparent to the Board through public testimony and presentations that a significant threat exists to bicyclists, pedestrians, runners, and persons in wheelchairs who are using the public right-of-way and frequently harassed and endangered by motorists; and WHEREAS, Collier County's climate fosters use of the right-of-way by bicyclists, pedestrians, runners, and persons in wheelchairs using the public right-of-way; and WHEREAS, Board of County Commissioners finds that existing State statutes are insufficient to protect the safety of bicyclists, pedestrians, runners, and persons in wheelchairs using the public right-of-way. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE. Title This ordinance shall be known as the Collier County Anti-Harassment Ordinance. SECTION TWO. Harassment of a bicyclist, pedestrian, runner, or person in a wheelchair using the public right-of-way. A person commits the offense of harassment of a bicyclist, pedestrian, runner, or person in a wheelchair using the public right-of-way if the person: (1) Knowingly throws an object at or in the direction of any person riding a bicycle, walking, running, or operating a wheelchair for the purpose of frightening, disturbing or injuring that person; or Page 1 of 3 (2) Threatens any person riding a bicycle, walking, running, or operating a wheelchair for the purpose of frightening or disturbing that person; or (3) Sounds a horn, shouts or otherwise directs sound toward any person riding a bicycle, walking, running, or operating a wheelchair for the purpose of frightening or disturbing that person; or (4) Knowingly places any person riding a bicycle, walking, running, or operating a wheelchair in apprehension of immediate physical injury; or (5) Knowingly engages in conduct that creates a risk of death or serious physical injury to any person riding a bicycle, walking, running, or operating a wheelchair. SECTION THREE. Penalties Violation of this ordinance shall be punishable by a fine not to exceed $500.00 and/or by imprisonment in the County jail up to 60 days. SECTION FOUR. Inclusion in the Code of Laws and Ordinances The provisions of this Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re- lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION FIVE. Conflict and Severability In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION SIX. Effective Date This Ordinance shall become effective upon filing with the Florida Department of State. Page 2 of 3 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,Florida,this 13thday of January , 2015. ATTESg`lan R BOARD OF COUNTY COMMISSIONERS �,�' �, DWI T E,BIOCK,CLERK COLLIER COUNTY, FLORIDA By Attes } �. r TIM NANCE CHAIRMAN signature only`i j`' Approv d as o o A - lity: o Jeffrey A. la ow, County Attorney This ordinance filed with the Secretory of tote's Office the day of 201S and ocknowledgeme o that filin. received this day of * c, 9191,S Page 3 of 3 Co er County 3. University of Florida/Institute of Food and Agricultural Sciences (UF/IFAS)—Collier County will continue efforts to identify and pursue a recurring funding source for UF/IFAS. UF/IFAS funding for the Immokalee center was included in the$6.5 million workload for IFAS centers statewide. The University of Florida guaranteed$1.8 million for the Immokalee center if total workload funding was at least$5.5 million. Identifying recurring funding may be the issue in the 2016 Session. 0 C Wig htDebbie From: FlanaganJim 'ent: Thursday, August 27, 2015 10:04 AM �+I`o: WightDebbie Subject: RE: UF/IFAS??? Debbie, On UF/IFAS funding priority, Commissioner Nance will be reviewing and having input to come up with the needs and language for what needs to be incorporated into the Legislative Priorities. Keep a place-holder and we will chat as he returns next week. OK? Cheers... Jim Flanagan Executive Assistant to Tim Nance, County Commissioner, District 5 W. Harmon Turner Building 3299 Tamiami Trail East-Suite 303 Naples, FL 34112 239-252-8604 ' 9-821-3199(cell) Flanagan @colliergov.net From: WightDebbie Sent: Thursday, August 13, 2015 11:09 AM To: FlanaganJim Cc: WightDebbie; PattersonAmy; Bacot, Brett Subject: FW: OF/IFAS??? Jim, I am sorry if this is confusing but this week Nick said I am continuing to be Legislative Affairs Coordinator for the county, through the upcoming session and perhaps beyond. Anyway, I am not sure if you and the Chair have had any conversations about OF/IFAS funding needs as we head into the 2016 Legislative Session. Please let me know as I am meeting with Nick Aug 17 to review proposed priorities. Also attending will be Amy Patterson who is my director, and Tim Durham. I hope you've had an enjoyable summer! Thanks! Debbie Wight elliollier County Legislative Affairs Coordinator 9-252-2360 and 8113 (both ring in my new office at GMD) 239-289-4214 cell 1 Co*Pr County 4. Human Trafficking—Continue working with the Collier County Sheriffs Office to add measures to the 2012 Florida Human Trafficking Law that improve and strengthen current legislation. Sheriff Rambosk would like to recommend the following items: a. Better victim services-Specifically,a juvenile residential treatment facility and an adult residential treatment facility. This doesn't need to be placed here,but I would recommend a few throughout the state and allow access regionally for local law enforcement to refer/bring victims. The center would need to have detox services,trauma counseling,drug counseling,process addiction counseling,legal services and life skills coaching. b. Statewide Human Trafficking Task Force-Similar to how the Federal ICAC Task Force is set up,I would recommend regional commanders(from a resident agency)that could coordinate between affiliates and provide access to training. This would serve to strength local task force operations and provide better communication between agencies. I believe there would be more participation from other agencies,as well. Det Sgt Williams added that the Attorney General and Governor are well down the path to provide better victim service as there was a huge infusion of cash from the state budget this year to various HT providers in Tampa,Miami,and Orlando. Several bills dealing with Human Trafficking were introduced and passed during the 2015 Regular Session. SB 534/HB 369 require the Department of Transportation(DOT)to display public awareness signs at all rest areas, turnpike service plazas,weigh stations,welcome centers and public transit facilities that are open to the public. The public awareness sign instructs anyone who is being forced to engage in an activity and is being held against their will to call the NHTRC to access help and services. The bills direct that not more than $50,000 may be appropriated for signage for FY 2015-16. SB 1106/HB 465 provide for enhanced criminal penalties for soliciting another to commit prostitution and similar offenses; providing for impoundment of a vehicle used in soliciting another to commit prostitution and similar offenses; requiring a judge to allow an advocate to be present with a human trafficking victim in a hearing in certain circumstances. The Sheriffs Office is interested in partnering with the BCC to continue fighting Human Trafficking. C WightDebbie From: WightDebbie ent: Monday, August 31, 2015 11:55 AM o: WightDebbie Subject: FW: Human Trafficking From: Wade Williams - 2759 [mailto:Wade.WilliamsC@colliersheriff.orq] Sent: Tuesday, August 25, 2015 10:53 AM To: WightDebbie; Stephanie Spell Cc: CasalanguidaNick; PattersonAmy; WilkisonDavid; DurhamTim Subject: RE: Human Trafficking Coordinator Wight: We have discussed with the Sheriff and would like to recommend the following items: 1. Better victim services-Specifically, a juvenile residential treatment facility and an adult residential treatment facility. This doesn't need to be placed here, but I would recommend a few throughout the state and allow access regionally for local law enforcement to refer/bring victims. The center would need to have detox services,trauma counseling, drug counseling, process addiction counseling, legal services and life skills coaching. 2. Statewide Human Trafficking Task Force-Similar to how the Federal ICAC Task Force is set up, I would recommend regional commanders(from a resident agency)that could coordinate between affiliates and provide access to training. This would serve to strength local task force operations and provide better communication between agencies. I believe there would be more participation from other agencies, as well. With that said, I know that the Attorney General and Governor are well down the path to provide better victim service as there was a huge infusion of cash from the state budget this year to various HT providers in Tampa, Miami, and Orlando. Not sure about the task force or if that is being pursued. Thank you, Det. Sgt. Wade Williams#2759 Collier County Sheriffs Office Special Crimes Bureau-Exploitation Section South Florida ICAC Task Force Southwest Florida Human Trafficking Task Force 2373 Horseshoe Dr E, Naples, FL 34104 Cell: 239-289-6376 Office: 239-252-0051 Fax: 239-252-0099 ****ACTIVE INVESTIGATION-NOT FOR PUBLIC RELEASE**** u�?4 CHoL0 AaoucTIoN Lc hr 1:Vf�xi. t _c LAA\ ch .? Knw;.�►,►� RESPONSE` TEAM This communication is confidential and may contain privileged information intended solely for the named addressee(s) . It may not be used or disclosed except for the purpose for 1 Co er County .. 5. Uber — Aligning with the Florida Association of Counties (FAC), Collier County supports maintaining the integrity of home rule power, which allows counties to regulate taxis, limousines, ride-sharing services, and jitneys for the purpose of public safety and consumer protection. Conversely, the county opposes any effort that preempts to the state the regulation of chauffeured limousines, limousine services, ride-sharing services, taxis, and drivers of chauffeured limousines,taxis, or ride-sharing vehicles. On July 7,2015,under Item 6.A,a public petitioner appeared before the Board to express concerns relating to the proliferation of Uber drivers providing vehicle for hire services in Collier County. Following the petition, the Board voted to direct the County Attorney's Office to review the issues presented, and bring back recommendations as to options for regulating Transportation Network Companies (TNC's) in Collier County. Those options may include: maintain status quo,update existing regulations and/or lower barriers to entry. Uber was another fairly high profile issue that wasn't resolved due to the abrupt ending of the 2015 Regular Session.An attempt to insert an Uber study into the budget during Special Session A was a shortlived effort that was stricken quickly. Proponents of Uber will continue to push for a statewide regulatory scheme until a compromise is reached; cab/limo/executive transportation services and local governments will continue to oppose the preemption of local regulations. SB 1298/ HB 757 Minimum Insurance Requirements filed during 2015 Session, increased insurance requirements for vehicles operated by Uber and other app-based ridesharing firms to an extent considered excessive by the industry. 817/ SB 1326 Relating to Transportation Network Companies (TNC's) were also filed in 2015 Regular Session, preempting local government regulations of TNC's to the state, creating a regulatory framework for the operation of TNC's. All bills related to Uber and TNC's failed to pass in the 2015 Session but are likely to re-surface in the 2016 Session as disputes between local governments,traditional cab companies, and TNC's continue to arise. C WightDebbie crom: WightDebbie mt: Monday, August 24, 2015 3:18 PM fo: WilkisonDavid; FrenchJames; CasalanguidaNick; DurhamTim Cc: WightDebbie; PattersonAmy Subject: Ride sharing...Uber, Lyft, etc. • Associated Industries calls for state level ride-sharing regulations -8/24/15 Associated Industries of Florida is calling for the Legislature to create new statewide regulations for ride-sharing companies like Lyft and Uber to replace the patchwork of county and city level regulations that currently govern those services, according Antonio Fins of The Palm Beach Post. Tom Feeney, president and CEO of the Associated Industries of Florida, said AIF has been a consistent opponent of the growing patchwork quilt of local regulations on transportation companies. "Uber type capabilities help business travelers and Florida residents gave choice and quality options," Feeney said in West Palm Beach this week. "Onerous local regulations hamper Florida in 21st century technology advancement opportunities." Local officials and advocacy groups, though, think that ride-sharing rules should remain local enterprises, similar to how taxi services are regulated. "We think it should stay at the county level," said Rebecca Walls, spokeswoman for the advocacy group Who's Driving )u. "Those [local governments] know their areas best." Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. c 1 Uber, Lyft appear to be in South Florida to stay Page 1 of 3 TRANSPORTATION Uber, Lyft appear to be in South Florida to stay > Three counties — Miami-Dade, Broward and Palm Beach — may be about to draft new ordinances to make it easier for the ride-sharing companies to operate. BY MICHAEL VASQUEZ AND GLENN GARVIN GGARVINOMIAMIHERALD.COM When the ride-sharing companies Uber and Lyft showed up in South Florida last year, defiantly waving a pirate flag at the highly regulated taxi industry,local governments threatened to bury them under a blizzard of traffic tickets and car impoundments. But 15 months later,they seem to have turned their tenuous toehold into a permanent place in the local transportation grid. Broward and Palm Beach counties, reeling under a wave of consumer protests about their attempts to clamp tough controls on the ride-sharing companies, are drafting new ordinances that will make it easier for them to operate.And Miami-Dade may be about to do the same. Miami-Dade Mayor Carlos Gimenez said he expects to unveil a proposed regulatory framework in the "near future." He didn't specify a date,but it's expected to arrive around November. The likely scenario: a combination of some new rules for Uber to operate legally in Miami-Dade, combined with a loosening of the regulations governing traditional taxis. "I've got to bring the taxi drivers into the 21st century," Gimenez said. "I'm not going to bring Uber back to the loth century.That's the plan." The ride-sharing companies ("transportation network companies" or TNCs, as they're known in political and legal jargon) have coupled new technology and an insouciant disregard for government regulation to offer a radical alternative business model to taxi-cab customers —though in some ways they also resemble the illegal gypsy cabs that have always operated on the fringes of the taxi business. Like the gypsies, TNC drivers are freelancers, using their private vehicles and working as much or as little as they please.What makes them different is their use of cellphone technology that enables prospective passengers to shop for a driver with a good rating from previous customers, see exactly how far away the vehicle is, and pay with a credit card rather than cash. They've also been working completely outside the law.The TNCs set up in South Florida without jumping through any of the regulatory hoops that taxis must navigate,including government background checks on drivers,business permits and strict limits on the numbers of vehicles that can be on the road.The TNCs also ignore the one-size-fits-all taxi fares dictated by regulators,charging more than cabs at peak hours,and less the rest of the time. But what started out as open warfare between governments and the TNCs has cooled into peace talks and the distinct possibility of a truce across South Florida. The companies say they're willing to join a regulatory framework that fits their business model.And governments have stopped trying to kill the TNCs outright. Broward and Palm Beach counties passed new transportation laws earlier this year that the TNCs considered so onerous that they threatened to stop doing business. (In Broward, it wasn't just a threat: Uber and Lyft ceased operations last month and have yet to return.) Both counties backed down,pledging new laws that would be more TNC- friendly.) "We had a major sea-change on our approach here in Broward, probably because of the public outcry of support for Uber and Lyft,"said Broward County Commissioner Chip LaMarca. "When 2,000 or 4,000 emails arrive telling you've made a mistake, that gets a commissioner's attention." Agreed Palm Beach County's deputy administrator Verdenia Baker: "The commission changed course because it heard from so many people supporting Uber." http://tablet.olivesoftware.com/Olive/Tablet/MiamiHerald/SharedArticle.aspx?href=TMH... 8/26/2015 Uber, Lyft appear to be in South Florida to stay Page 2 of 3 The popularity of ride-sharing not only gave the TNCs unexpected political clout but rendered government enforcement efforts useless. Uber has 10,000 drivers working in Miami-Dade,overwhelming the attempts of undercover county inspectors to lure them into sting operations. "Once they know that this credit card's attached to an inspector,you're no longer being picked up,"Gimenez said."So, OK,all right,we catch one person." Working out an accommodation between the TNCs and regulators, though, hasn't been easy, and there are still significant issues to resolve. Part of the problem is that much of the law on taxis was written shortly after World War II, when cities first began tight regulation of the industry.They were designed for an economy where most people worked full time at a single job,and in which cellphones and the Internet did not exist. "In most of the jurisdictions where we're trying to work out agreements, these regulations have been in place for decades and nobody has really looked at them in decades,either,"Uber spokesman Bill Gibbons said."And there haven't really been any major innovations in the industry in decades,either." Some critics of the taxi industry say the regulations actively discouraged innovations because they were written to protect not the public but the profits of taxi companies.In particular,limiting the number of permits kept the supply of taxis low,the fares high, and gave cab drivers little incentive for clean vehicles or friendly service. They also turned the permits—which an owner could resell—into pure gold.A permit(or medallion,as it's known in Miami Dade) goes for about $1,400 in Broward and $5,000 in Miami-Dade, when available directly from the government,but$10o,000 in Broward and over$300,000 in Miami-Dade when purchased from another owner. "Limiting the number of taxis doesn't have anything with the well-being of taxpayers," LaMarca said. "It's simple economics — if there were more cabs on the road, there would be a market-driven price to take them, which would almost certainly be lower than it is now.... "These taxi companies had a big hand in making laws that were maybe beneficial to their business. Now the public wants a different type of business, and the cab companies are telling us that's not fair. But it's hard for me to believe we're being unfair in trying to alter a market that's been unfair for decades." The cab companies nonetheless argue that changing the law to impose one set of requirements on them and another on the TNCs is unfair. "The TNCs say `this is a free-market economy,' but that's a misplaced term in this situation," said attorney Mark Stempler,whose firm Becker&Poliakoff represents the separate Yellow Cab companies in Broward and Palm Beach. "A free-market economy doesn't mean allowing one company to operate without rules while a similar company is governed by strict regulation.We need a level playing field for everybody." The most contentious issues have been background checks and insurance for drivers. Though it's a relatively recent requirement that only began this spring, Broward and Palm Beach counties specify that taxi drivers undergo what are known as Level II background checks. In a Level II check, a police agency — usually the Florida Department of Law Enforcement — uses the driver's fingerprints to search various law-enforcement data bases for criminal records and traffic offenses. (Miami-Dade requires only a less extensive Level I check that doesn't include fingerprints.) Uber, however, conducts its own searches using Social Security numbers rather than fingerprints, and has bitterly resisted attempts to impose the Level II checks. Whether its checks are as effective as the government's is a matter of controversy.In California,prosecutors have sued Uber, accusing it of "systematic failures" in the checking process that has allowed sex offenders, identity thieves, a kidnapper and a murderer to work as drivers. Uber counters that more than 600 licensed California taxi drivers who applied to drive for Uber were bounced when the company's investigators turned up offenses from rape to drunken driving. And because the driver's application for a government-created background check becomes a public record,it makes it easy for competitors to raid Uber's work force, as well as creating privacy issues, the company says. "A school teacher who does this just on weekends might not like it that a reporter can look through her records,"Gibbons said. http://tablet.olivesoftware.com/Olive/Tablet/MiamiHerald/SharedArticle.aspx?href=TMH... 8/26/2015 Uber, Lyft appear to be in South Florida to stay Page 3 of 3 Broward and Palm Beach passed laws earlier this year requiring Level II checks,but backed down in the face of TNC threats to leave the counties. Both counties have promised new ordinances allowing TNCs to run their own investigations. Nonetheless, in at least two major markets — Columbus, Ohio, and Houston — Uber has agreed to the Level II checks in return for government approval."If they can do it there,why can't they do it here?"Stempler said. Insurance requirements are also complicated. Taxis must be insured round-the-clock. The TNCs have insurance policies covering their drivers —but that raises a question, Stempler says: "When is an Uber driver an Uber driver?Is it when he gets in the car?Is it when he turns on his Uber app?Is it when he agrees to pick up a passenger?Is it when the passenger gets in the car?...There are a lot of gray areas in there." Uber's $i million insurance policy covering its drivers kicks in as soon as they agree to pick up a particular passenger and stays in effect until the trip is over. But Bob Passmore, an assistant vice president with the Property Casualty Insurers Association of America, said that leaves"a gap":the period of time when an Uber driver has his app turned on, but has not yet linked up with a customer who wants a ride. Uber says the driver is covered during this period through"contingency"coverage that kicks in if the driver's personal coverage rejects a claim. Passmore said the driver's personal coverage is almost certain to reject a claim in this circumstance,as personal policies contain an exclusion for any taxi-like services. Passmore said a person whose car is hit by an Uber driver in this time period will end up in limbo:waiting for the driver's own insurance to reject the claim,and then waiting for Uber to step in and pay up. "It means that people that are injured or people that have their cars damaged are waiting until that happens," Passmore said, adding that insurance companies will have to pay their staff to investigate — and ultimately reject — Uber driver claims.That company cost gets passed on to all consumers,he said. Passmore said that Uber and the insurance industry have agreed to compromise legal language that closes the coverage gaps.Twenty states have passed laws adopting that language,he said,but Florida is not one of them. Insurance has been an issue in several lawsuits involving Uber.In San Francisco,when an Uber driver struck a family crossing the street, killing a 6-year-old girl,the company denied responsibility even though the driver said his app was turned on.The family sued and the claim was settled out of court. Closer to home, 20-year-old Jupiter student Brendan Walsh filed suit against the company in March after his motorcycle collided with a van in which an Uber driver was carrying four passengers. The driver's personal insurance company at first agreed to pay the claim but changed its mind after concluding he was on Uber business. The lawsuit also hints that there was a criminal charge in the driver's background that Uber's investigation failed to uncover. In its reply to the suit, Uber raises the defense — among others — that the driver was an independent contractor, although other attorneys say such a defense is often part of a boilerplate response automatically filed on every claim for damages. Uber officials declined to discuss the Jupiter case in detail but say Walsh never filed a claim with their insurance company,instead going directly to court. http://tablet.olivesoftware.com101ive/Tablet/MiamiHerald/SharedArticle.aspx?href=TMH... 8/26/2015 Lee passes tough new rules aimed at Uber -Naples Daily News Page 1 of 4 Lee asses tough new rules p aimed at Uber BY: Maryann Battle, Patrick Riley(mailto:patrick.riley @naplesnews.com) POSTED: 2:39 PM, Jul 31, 2015 UPDATED: 2:57 PM, Jul 31, 2015 TAG:local news(/topic/local+news) As of Saturday, Uber drivers in most of Lee County will be treated like their taxi driving brethren. They must pass Florida Department of Law Enforcement criminal background checks, carry photo identification issued by the Lee County Tax Collector's office and have proof of insurance. Their vehicles must undergo regular inspections by licensed mechanics. Uber drivers who don't comply face escalating penalties that could culminate with jail time. Lee officials said the updated ordinance is a way to deal with the growing rideshare industry, ensure public safety and level the playing field for traditional taxicab companies. But given Uber's track record and freewheeling business model, the new requirements could be enough to drive its service out of town. The San Francisco based company—which links drivers to passengers through a popular and convenient smartphone application—has a reputation for using aggressive tactics in cities and states that demand background checks and proof of insurance from drivers who use the app. http://www.naplesnews.com/news/local-news/lee-passes-tough-new-rules-aimed-at-uber 10... 9/1/2015 Lee passes tough new rules aimed at Uber -Naples Daily News Page 2 of 4 Uber did not return repeated Daily News requests for comment. But on Friday, the company pulled out of Broward County. Commissioners there passed a law similar to Lee's in April. The Lee County Attorney's Office said it had received no such correspondence from Uber as of Friday. Chris Specht, owner of Amber Taxi, which operates in Fort Myers and Cape Coral, said he won't be sorry to see Uber go. He is an outspoken critic of Uber and its business practices. "I would hope that they would pull out," Specht said. But, Specht said, Uber could always say one thing and"continue operating under the radar." Specht wonders how serious enforcement of the new ordinance will be because he feels the one that used to be on the books made little difference. Unlicensed drivers still pick up passengers in Lee County, he said. "They've never enforced it," Specht said. "It's going to be at the bottom of the list." Lee's rules go into effect in unincorporated parts of the county and all municipalities, except the city of Fort Myers. County agencies with responsibilities under the new ordinance said they are ready to put it in place. Enforcement is up to the Lee County Sheriffs deputies and city police departments. Deputies will slowly ramp up the pressure, said Lt. Dennis Petracca, traffic unit commander for the sheriffs department. Uber drivers operating outside of the rules will first get a warning and education, Petracca said. http://www.naplesnews.com/news/local-news/lee-passes-tough-new-rules-aimed-at-uber 10... 9/1/2015 Lee passes tough new rules aimed at Uber -Naples Daily News Page 3 of 4 "So if the guy is getting a warning today and two days later he gets stopped again and now we have to look at, `Well, did the warning not work?' " Petracca said. "So, let's go to the next level, and we issue the summons. And then eventually it could lead to an arrest." Identifying Uber drivers, who drive in unmarked cars, is a major enforcement hurdle, Petracca said. "It's not going to be as easy a task as some may think,"he said. "That's going to be the hardest part. Seeing who's who." While every deputy is expected to enforce the ordinance when they come across violations, Petracca did not rule out undercover stings where law enforcement officers pose as potential Uber users. "We don't want to have to go sneaking around to do this, but if that's what it takes to get everybody into compliance that's one of the tools that we can use,"he said. What the new ordinance does provide is a centralized way of keeping track of all driver-for-hire information. Lee County Tax Collector's office is the paperwork clearinghouse. Employees there will process applications, issue the driver IDs and permits, store personal data and administer basic vehicle inspections. The agency has been preparing for weeks, said Joanne Robertson, director of administration and community relations. A pair of IT employees built an in-house database to store driver data and give access to law enforcement, municipal and county officials, as stated under the ordinance. To help applicants avoid long waits at the tax collector's office, especially at the onset, everything will be done by appointment only, Robertson said. http://www.naplesnews.com/news/local-news/lee-passes-tough-new-rules-aimed-at-uber 10... 9/1/2015 Lee passes tough new rules aimed at Uber -Naples Daily News Page 4 of 4 "We're expecting it to go quite smoothly," she said. Uber launched in Southwest Florida last August and the app covers an area from just north of Fort Myers down to Marco Island. The company operates its low-cost "Uber-X"brand, which it markets as a cheaper alternative to taxis. Uber, which as of Friday was valued at $51 billion, argues it is a technology company that creates flexible earning opportunities for people trying to make ends meet or who are interested in extra income,but the company has in the past refused to call drivers who use the apps its employees. Still, drivers look to Uber for support and guidance when laws change. Micheal Sweeney, a 61-year-old resident of Estero, has been picking up fares using the Uber app since January. Sweeney was among the many Uber drivers who spoke before Lee commissioners in mid-March to dissuade them from passing the ordinance. He said Uber sent him an email alerting him of the vote. He keeps the app open between 40 and 60 hours a week, Sweeney said, and can earn between $500 and $1,0oo weekly during the height of season. "It's my main source of income," he said. "It helps me pay the bills." Whether or not he will continue to work as an Uber driver will now depend on "what costs it's going to incur," Sweeney said. "I'm going to have to do some research,"he said. "I'm going to email Uber and find out what I need to do." Copyright 2015 Journal Media Group.All rights reserved.This material may not be published,broadcast, rewritten,or redistributed. http://www.naplesnews.com/news/local-news/lee-passes-tough-new-rules-aimed-at-uber 10... 9/1/2015 +moo er County , 6. Economic Development Initiatives A. Soft Landing Business Accelerator Network: $3.5 Million Collier County supports additional state legislative support at a$3.5 million level for Collier County's Soft Landing Accelerator Network and the Immokalee segment of the project. The funding will be used for the development, build-out, and equipment necessary for an applied food sciences laboratory and commercial kitchen and packaging facilities that will support the creation and commercialization of new food products and delivery mechanisms. The addition of enhanced capacity for food laboratory quality and safety analytical equipment will greatly complement the current progress of our business accelerator network. The collaboration among local government, educational institutions and private business in agricultural and technology related business diversification will render long-term economic advances in the Collier County and Southwest Florida economies by advancing innovation in entrepreneurship of food products and related agribusiness industries. The Collier County Soft Landing Business Accelerator Network represents an international platform to foster the convergence of new technology, entrepreneurial energy and private capital with the region's existing industry. As proposed,the Network will develop capacity to stimulate innovation that can be adaptive to a variety of changing needs in business as far ranging as information and engineering industries to quality of life issues such as Blue Zone, with demands for healthier, safer food and lifestyle products. B. Health and Life Sciences: $2 Million In conjunction and collaboration with the Naples Soft Landing Accelerator Network, Florida Gulf Coast University(SBDC),University of Florida, Florida State University Immokalee Medical Center, Health Care Network of Southwest Florida, support establishment of an applied health and life sciences center and accelerator focused on the support and development of innovation companies,technologies and products in the area of the human genome, nutrigenomics, nutraceuticals, and super foods. Collier County,through the Naples Accelerator,has demonstrated success in attracting companies interested in developing new innovative health care and medical products to serve the growing needs of the area, and there is a clear opportunity to leverage current accelerator investments to recruit and support bio-life science companies that are looking for soft landing assistance in terms of ready-to-use incubator clean room, bench space,and equipment. Collier has adopted the wellness and health sectors as a targeted industry within the Opportunity Naples Strategic Plan. Implementing that plan in Collier by establishing the availability of life science infrastructure assets as this project provides, builds a compelling business case for attracting that important business sector. Increased health and life science industry opportunities for Collier's economy will further diversify our industry base, boost overall productivity and diminish negative effects of a seasonal and cyclical economy in our community. Co er County Funding Requests: Collier County is requesting funding allocations from 2016 Florida Legislature appropriations for capital,water quality and other projects identified as critical needs in the community. The following projects have been identified based on deliberate,measured review: Water Projects: A. Naples Park Water,Wastewater and Stormwater(Conveyance,Swale and Culvert Replacement Program) The project was funded by the Legislature at$750,000 in the FY 2015-16 State Budget. Project Description: This is a phased project which will replace all three types of water infrastructure components resulting in water quality improvements reducing pollutant loading to the impaired waters of Wiggins Pass. Cost: The estimated total cost for construction for the first phase of the integrated program is $6.0 million, ($1.4 million for stormwater and $4.6 million for water infrastructure components). Future phases will cost approximately $50.8 million for combined elements. B. Golden Gate City Outfall System Replacement Program (Golden Gate City Stormwater Improvement Project)The project was not funded by the Legislature in 2015. Project Description: The project will improve collection,treatment and conveyance of stormwater runoff within the four (4)-square-mile area of Golden Gate City. Stormwater runoff from this 50-year-old system is conveyed to the Golden Gate Canal system, which discharges into the impaired waters of Naples Bay. Cost: The estimated cost for Phase I construction is $0.8- $1.6 million. C. Griffin Road Area Stormwater Improvement Project Project Description: The project is a multi jurisdictional project to improve water quality while providing an adequate stormwater system outfall for an older residential area in East Naples. This project will also improve community convenience, provide flooding remediation, environmental restoration and ecological protection. Cost: $1.5 million D. Haldeman Weir Project Description: This project consists of design and replacement of an existing surface water control structure located at the fresh water/salt water interface of Haldeman Creek just north of US 41 in East Naples. Benefits of the project include flooding remediation,tidal water backflow prevention and coastal community resilience to mitigate climate hazards, restoration of water management operational goals including dry season water supply storage, control of fresh water discharges into sensitive receiving waters and allowing for emergency wet season water releases necessary for a system pre-storm drawdown. Cost: $1 million Direct state advocacy efforts on behalf of Collier County to include additional support for legislative initiatives that increase opportunities for funding for local water resource projects with direct state support or additional funding through the FDEP and the SFWMD. Stormwater Project Location Map 0'r 11111 cy yylG. Rd ■ II RD D z z BALL BL D O v 11 � ,, IMMOKALEERD �' z O z in z J m CO. A ZO It 0 Z p CD I- O 0 1 0 J C7 • D :: JBEACH RD J I w g J N w p■ > Q J_ z GOLDEN GATE BLVD W � GOLDEN ATE BL D E c7 L PINE'IDGE"D E7ct Z • rg, RAD O RD �°ajyt:. • COLLIER trill 4 I DAVIS BLVD in 0 0 J J m m iiii, co 1111 w ■ W 0 111� A I w w Legend • Project Name Naples Park - Coordination with Public Utilities -7-jj 411 GG City Outfall Replacements Griffin Road Outfall _.#114 • Haldeman Creek Weir Replacement u, Commissioner District Boundaries District 1 District 2 9 District 3 >° o c �0 District 4 District 5 NAPLES PARK AREABASIN INFRASTRUCTURE OPTIMIZATION FOR STORMWATER,WATER AND SEWER DESCRIPTION/OBJECTIVE: To improve collection, treatment and conveyance of stormwater runoff; to replace water distribution mains, aging asbestos-concrete pipes, and add fire hydrants; and to replace aged wastewater mains, force mains and pump stations within the Naples Park Community. Previous phases have been completed over the past years. The next phase will include improvements along 95th and 96th avenues. CONSIDERATIONSBACKGROUND: This program integrates stormwater, water and wastewater improvements within the Naples Park Community. The community has a main stormwater outfall, but the internal street and side collection system is in poor condition. The stormwater component will eliminate undersized and aged culverts, address elevation issues, and improve water quality. Stormwater runoff from Naples Park discharges into Vanderbilt Lagoon, an impaired water body. COMMUNITY IMPACT: Achieve capital improvement efficiencies; maximize community convenience; flooding remediation; coastal community resilience to mitigate climate hazards; water quality improvement; minimization of potable water interruptions; improvement and protection of potable water distribution; provide better fire protection system; assure and improve wastewater collection system; and minimization of sanitary system overflows in environmentally sensitive areas. FUNDING REQUEST: $3,300,000 (50%) COUNTY CONTRIBUTION: $3,300,000 Total estimated construction cost: $6,600,000 (Stormwater: $1,600,000; Water: $2,000,000; Wastewater: $3,000,000) PROJECT MANAGER: Liz Gosselin(Stormwater, GMD) Craig Pajer (Wastewater, PUD) Oscar Martinez (Water, PUD) Naples Park - In coordination with Public Utilities , , . ,, ..,,,.e. ,,i, ,,,,..,,,, ,,,,,_,....._,,:. :. :, : n, , ,f„.,,,,,,,is ,� r& . �s .5 "t . _, ::.. e,, ' 4 f ± A a ' F FP' •.. . -0t. - ....., ,. .: . ... .. ,0,...„.„ ... x {yl- y y jr ' � l � `'1l- - t,!: Off Y ! ` '� • BLUEB/L'SAVE ��� (-- 1,:r !r PMOICALEERD fa. x { f t 7"�.I t� -gym t �'i�-I- �. [� ! a •• j I� -�.11 r „-1,' r'I` to I w4 '� iti is r�1� ��` 4 c^ . _y ,,,s- a:. ,` w�a.aullw . Y . Ax ., ( -sr tom— .,;74,4„,,.- v. , .. .:. _ t w t t„, -i.. 1+t 1,:, • • ^4 T.'.+r� 3' i'�4</ r +r +', f '•.1►54 ♦4.e?' '1,' .1 tit Y=+ r t Ord ,,,.•.,..7' 4r�"`.,c, '�' t+ r pr,,,,,,,„„p_ •.. > t 1`" Y. . �` yy ..A,► A Na ilir* °' r #`-' 11,, `3 , . Ott,,,' * A Y z'r tr.: * 'r,.., , '.sc r..,�...— �' , 0,'. 'h --.,-.;,--4.,---,:,''• a, ''' �_ 4 4 i Poul to ` C ! F � ��¢k o .t L ' t n . tr r r 0"O I :I .-1- a• .,, l* j,.'4 7W t • t � ., f I'; - _...te a_ ;�;F S.1 t `-, , - lauvpERBQT+ •tR 1" r +`q' t ?� - �_. .�� !iii*i 44144*.r•-t. ,_ f B LHRDaL i �i1 F w W+E A ••• r µ �' - �'_ N _� 0 s - -;ii, er C0Hnty $ w ''-!4 • Prepared By Stormwater Planning Section,. t °/ ,',r, 1 ` " p R GOLDEN GATE CITY STORMWATER IMPROVEMENT PROJECT DESCRIPTION/OBJECTIVE: To improve collection, treatment and conveyance of stormwater runoff by upgrading the existing 50-year-old system within the 4-square mile area known as Golden Gate City (GGC). GGC is divided into four (4) quadrants: northwest, northeast, southwest and southeast. Previous phases have been completed over the past years. The next phase will include improvements/projects in the northwest and northeast quadrants. CONSIDERATIONS/BACKGROUND: The existing stormwater system in GGC was installed over 50 years ago. Much of the system has exceeded the end of its typical life span and is in need of replacement. Due to severe deterioration of the system, pipe segment failures are creating areas of ground subsidence causing soil and pavement to sink creating safety issues, and blockages in the system causing street and yard flooding. COMMUNITY IMPACT: Flooding remediation, community resilience, reduce safety issues, reduce maintenance associated with current system failures, and improve community convenience, improve water quality prior to discharge into the Golden Gate main Canal and ultimately the sensitive waters of Naples Bay. FUNDING REQUEST: $700,000 (50%) COUNTY CONTRIBUTION: $700,000 Total estimated construction cost: $1,400,000 PROJECT MANAGER: Joseph Delate Golden Gate City Outfall System Replacement•r • v■:', ,. ,t , I e _....- 4„.7..A riVA +t - �. "�•J �� ' �c.i['� 'x 4"'.. y �i�u Sr .j�x Y r 1 { "fir 7t i' „,•if 1 • f,.44:-A.,,,,, +v �,,� -+4 f rY -.=,, t -. Lit, ,-.. + a' 1 0 'r t Y. f ,ty eG. -w a.`" Pit _ .y- t .' +1"'•.. h � i a { -, - • 4PT i:i �, ! �' T+; ,,, : _. " _ t $, , t a r 'R 1 r ". . i � .j 43 �• • A 4f t w y°•' „ : 'r x , T. . Y , ' d ' x -.. , `' ,� .X � ! Y ' . T }` # , -AA* A „' ++y. r .r . , � '„" � 4. i Y► w:•�e` .: .+. x s ,a 0; k +` a cw : � ,. . c„ 1. e !.� . ` ! k A h� 41 t 'i ' 17*, ,14 q � '• , .{ .a, ,� el. . 5 147 ii,4 4;*414 4 * . :` ;i.,,,,,.....4 7.,.t. ., ,,Ito.". , ' ,, , '. 7i..., i'''. :,...\.4.1ffiiiiy.....ili 4 `1*.tinc3, ,^.,,-Air!: , .,,,°.' -rt ., .. ,, &- .. ...,...a. " .-*!•,!-_' 4,1441*,,,S, (-In, .,, i.,*: ,..... :,,,,,' ,-.t.. .,-;:-..L.- ,,p.‘ ,...L.,..: , . . - ' -fit ,, '* + *„0-,\ Y,0. ''0,,,,•,1/4'/.-, ... - r ; ' ` c- 1 ` ►.i R!'+{ *i #T a GOL•DEN•GATE PKWY { YtiF "f c�; r ' �K:. ri ,�, ,. gyp, 6"..- ',.,.4^ - yes• u"C' }+' :4- �"^R' _ry- , . „Ift.. 44* 1. .. .,if"xy t tiY�s W v . .•.x*'. w. ! a.. L' ti. iw ,,rv� ao,(y2c.r,+�. s ..i i r 'y i • ,,,,, . Tx,. ■I 'I 6 e'74' 14 i'....I . *. *ms&, ......�+..",.q »/--` _ ri F" ...*4 , ,> . ,,, ,,--0-475 _-- -175 `„$ '^ ;;a "" .. r - , . ., tt ?.-; par Stormwater Planning Section � ', 4 l`� '-{ 1 * -+ 1• ...„L • GRIFFIN ROAD AREA STORMWATER IMPROVEMENT PROJECT DESCRIPTION/OBJECTIVE: To retrofit stormwater infrastructure of an older residential area in East Naples in order to improve collection,treatment and conveyance of stormwater runoff prior discharging into the sensitive receiving waters of Rookery Bay National Estuarine Research Reserve. CONSIDERATIONS/BACKGROUND: The project is to improve water quality while providing an adequate stormwater system outfall for the older residential areas of Barefoot Williams Road, Price Street and Griffin Road. Currently, stormwater from the affected areas discharges into state-owned lands without water quantity and quality control or treatment. The project involves the construction of a filter marsh which will receive runoff from the affected areas prior discharging into Rookery Bay. This is a retrofit project which includes reconstruction of the roadside stormwater management system, improving the downstream outfall conveyance system, and creating a stormwater treatment filter marsh designed to improve water quality prior to discharging into Rookery Bay National Estuarine Research Reserve. COMMUNITY IMPACT: Multi jurisdictional impact (coordination between Collier County and Rookery Bay), improve community convenience, flooding remediation, improve water quality, environmental restoration, and ecological protection. FUNDING REQUEST: $750,000 COUNTY CONTRIBUTION: $ 750,000 Total estimated construction cost: $1,500,000 PROJECT MANAGER: Tabitha Stadler r . Griffin Road Stormwater Improvement Project • ;.,►,- i '�:.•1, ' -,I• , ,- N. to &' 1 4 }s'k., ,.+*tee§`Y" ...:,,,,,,'..-,4,,4 -��r 1' sy k `4 sa, .ti'+',"1 e , i,A.I.,„ ::::`..i.;'---1.:44' ';.P.' -741.:•:',*.'':*4 t -I- * '`,.C. ' '.. " . •''- ', : :'' '''''''''s f il ' ... --s:„ -,,,,\_-#. ..-. - ,.. ,,,, . -.e. !* 4t �� : t, . l' ,- •',-,,„ ' '''',/, -4e,,,,„,,„-...;-_,-".l.f..t-1,.i,fr...., Project Are a , ` { ' . 4 ' ,,. 411\ A .{,. �.1 avJ r o c n y , 77MM .. "M�p �a f ' T t r i 1 "..,, ,,, , .....,1 ,..c *-i � v y, x c ■ jf A' " , s •, - - ._ .. - -.:.,-,,,,,„„A„....,...„...-....;ii.kh-„,,t.. n. 4 ...4,:.4- . t5 t i M1* � ,. ). `. $*• ,f SF •� ' . i r ILL,:e, , � `" , ° ,..,. '..,,,0',-,-, .1-rit,L ,t,ris � � , ':ip aY . .1.41.; ,' 4'.4 ,„,..A,-; 1 .h : Yt r t % Y ',ow 44 -..-„,ILk?,. , - ' . _Ttiit...v,‘ .-t, 4 mg, .,,,k40 t a t i ,. ,icy d"ir' „ r' +*,. ,,, ,y.. '.'.' �5•- i - '• .�*'f '--''''' ' ' --". V,l''''''' *.n' ' ' ''''''' I:'''''—! IF :t,',.i. t.,,,,‘,, .;1,....,. ,ffe-.11,‘ ..... --- -4,1,,. . .":''It 1 'i ' , ,, . ° S*��M11j Y�'�''S Air e r . 0 ;.. ..,;4...1." iLY S .w ., ma , � HALDEMAN CREEK WEIR REPLACEMENT PROJECT DESCRIPTION/OBJECTIVE: To replace and relocate the Haldeman Creek Weir in order to provide dry and wet season fresh water discharges into Naples Bay while providing flood control upstream of Haldeman Creek. CONSIDERATIONS/BACKGROUND: This project consists of design and replacement of an existing surface water management control structure located at the fresh water / salt water interface of Haldeman creek just north of US 41 in East Naples. The structure has reached the end of its useable life cycle and is in need of full replacement; it has structural and mechanical deficiencies, as well as operational and maintenance issues. The structure establishes the control elevation and the discharge rate for a 1,300-acre built-out basin developed over forty years ago. The structure is subject to overtopping and back flow during high tides from the downstream tidal segment of Haldeman creek. COMMUNITY IMPACT: Flooding remediation, tidal water backflow prevention, and coastal community resilience to mitigate climate hazards, restoration of water management operational goals including dry season water supply storage, control of fresh water discharges into sensitive receiving waters, and allowing for emergency wet season water releases necessary for a system pre- storm drawdown. FUNDING REQUEST: $500,000 COUNTY CONTRIBUTION: $ 500,000 Total estimated construction cost: $1,000,000 PROJECT MANAGER: Shane Cox Haldeman Creek Weir Replacement cl. ,., , ,.�-r r:Y t y , it !: ,� �... .,iB• 1.......�. •.,'�.. �& -. * r'• ° , ' ...44 n ,,,,..:,,r #„ ? ,.n d"':. .. • '•r1", F v _ �".111 -+ s�t '• 1,roe'!rr{ ♦4 . Y ,., ..„ . ..1#4. 1 - yy ►.qtr ".1 { t pt w',, ''''10:: / _. ° 'c`Ca _ . . k _ ;r l• a �, ki I 1.. 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' >, f �r sJ a '1 °-C ��r.fir'. _ t1 tw+lt • r5, 7 Gulf Consortium 2 Utility Relocation Expense 3 Tourism & Entertainment Incentives 4 Growth Management & Impact Fees 5 Public Records Requests 6 Communications Services Tax 7 Transportation 8 Libraries 9 Gaming 10 Offshore Oil & Gas Drilling 1 7 Fire District Annexation 12 FAC Priorities Go er County sw 1. Gulf Consortium — Support Collier County's continued participation in the federal RESTORE Act directives, including the State of Florida's Gulf Consortium. In the Transocean civil settlement, Collier County is eligible for more than $900,000. The federal court found British Petroleum (BP) to be "grossly negligent" in the Deepwater Horizon tragedy of April 2010. County staff is attending monthly Consortium meetings which are in progress for Component 3 of the RESTORE Act. In a July 2, 2015, Agreement in Principle, BP agreed to settle all Federal and State claims arising from the Deepwater Horizon oil spill for$18.732 billion. Collier County will receive $5.4 million from Component 1, and an amount of$242 M is available on a competitive basis to the 23 counties of the Consortium through Component 3. Collier County will be submitting a Grant request for Restore Act funding via Component 2— Comprehensive Plan Component. This will be a significant funding request to execute a comprehensive watershed improvement plan to restore historical watershed flow in the County, improve water quality and restore habitat. The State of Florida Department of Environmental Protection is responsible for administration of the Restore Component 2—Comprehensive Plan Component. They will provide the project evaluation and funding recommendations to the Governor. Lobbying support will be required to successfully secure this grant funding. 40 C Deep Horizon Oil Spill Settlement Fact Sheet The Deepwater Horizon oil spill occurred on April 20, 2010 and caused significant impacts to Florida's natural resources and economy. Of Florida's 790 miles of coastline, at least 177 miles were affected by the oil spill. Under this agreement in principle, BP would pay a total of $18.5 billion (not including the $1B it already committed for early restoration projects) to the affected governmental entities, including: 1) Economic Claims; 2) Natural Resource Damages; 3) RESTORE Act civil penalties. Economic Claims • $4.9 billion will be paid to resolve the Gulf Coast states' economic claims: • Florida: $2 billion • Louisiana: $1 billion • Alabama: $1 billion • Mississippi: $750 million • Texas: $150 million Natural Resource Damages • $7.1 billion (not including the $1 billion already committed by BP for early restoration projects) to the Gulf Coast states and the United States to resolve their natural resource damage claims: • Louisiana: $ 5 billion • Florida: $680 million • Mississippi: $296 million • Alabama: $296 million • Texas: $238 million • Regionwide projects: $350 million • Open Ocean projects: $1.24 billion RESTORE Act • $5.5 billion to resolve Clean Water Act civil penalties, with Florida receiving at least $572 million of this amount pursuant to the RESTORE Act. Local Claims • Approximately $1 billion to resolve the economic loss claims of the vast majority of local governmental entities (including school boards) located in the Gulf Coast states. What Does Florida Get? • As part of this agreement in principle, Florida will receive at least a total of$3.252 billion: • $2 billion for economic damages; • At least$680 million for natural resource damages; • At least $572 million from the RESTORE Act. • Payments to Florida will come in over the course of several years per an agreed schedule. This is only an agreement in principle, with any final agreement contingent on the execution of settlement agreements with all necessary parties and court approval of the Consent Decree. Go er County 2. Utility Relocation Expense moved to Local Governments—Like the Florida Association of Counties(FAC),the county opposes legislation requiring counties to pay for the relocation of private utilities when such utilities are located within a county-owned right of way and must be moved to accommodate a county project. Further,FAC reports that under current law, if a private utility is placed upon, under,over, or along any public road and is found by the local government to be unreasonably interfering in any way with the convenience, safe, or continuous,or the maintenance, improvement,extension, or expansion of such public road,the utility is required to pay for the relocation of its own equipment. However, in those instances where the county is undertaking a"non-transportation"project within the right of way(e.g., replacing water/sewer lines), Florida law is silent regarding who should pay for relocation costs. Accordingly, to settle this issue,most local governments have relied on established case law dating back to 1905 that holds that a private utility is not entitled to be compensated for relocating its lines from a public street when the local government is undertaking a public infrastructure case. It should be noted that a subsequent Florida Supreme Court case(1906)and a U.S. Supreme Court case(1983)reaffirmed the 1905 decision. In response to a disagreement between a county and private utility,which refused to relocate its equipment unless compensated by the county, legislation was filed in 2015 requiring counties to pay for utility relocation costs that are prompted by a non-transportation project inside a public right-of-way. The bill passed the House(110 to 5) but died in the last committee of reference in Senate on the last day of committee meetings. Similar legislation will be filed for the 2016 session. C Co er County 3. Tourism & Entertainment Incentives — Protect the current level of funding to VISIT FLORIDA and support increased funding.Also, support Entertainment Incentives for TV,film. Visit Florida's budget is maintained at$74 million for FY 2015-16 to promote Florida's tourism industry through marketing and advertising. Florida hits record tourism numbers in first half of 2015. More than 54.1 million visitors filtered through Florida in the first half of 2015,a record number, according to new numbers from VISIT FLORIDA. That represents a 5.8 percent increase from this time last year.The average number of direct travel-related jobs also reached record highs in 2015,with 1.2 million Floridians employed in the tourism industry--a 4.9 percent increase from last year. VISIT Florida estimates that 2.7 million overseas visitors and 1.2 million Canadians came to Florida in quarter two of 2015. Estimates also show that 21.9 million domestic visitors traveled to Florida in the second quarter of 2015, reflecting a 6.8 percent increase over the year. Preliminary figures for the first half of 2015 show 45.7 million domestic visitors, 5.5 million overseas visitors and 2.9 million Canadians have come to the Sunshine State, representing increases of 6.7 percent, 1.7 percent and 1.1 percent respectively. Regarding Entertainment Incentives, HB 451/SB 1046 Relating to the Entertainment Industry died on the Calendar in the 2015 Session. HB 451 made a number of changes to the current incentives and benefits that the state offers for companies within the film and entertainment industry. A similar bill in the Senate, SB 1046( Sen Detert) included the movement of the Office of Film and Entertainment from the Department of Economic Opportunity to Enterprise Florida. Senate Bill 1046 also contained the under-utilized county language giving further tax incentives to productions located in these counties(including Collier). C WightDebbie From: WightDebbie Wednesday, August 19, 2015 4:04 PM WertJack; RegisterBruce; DurhamTim Cc: WightDebbie Subject: Florida hits record tourism numbers in first half of 2015 • Florida hits record tourism numbers in first half of 2015-8/19/15 More than 54.1 million visitors filtered through Florida in the first half of 2015, a record number, according to new numbers from VISIT Florida. That represents a 5.8 percent increase from this time last year. The average number of direct travel-related jobs also reached record highs in 2015, with 1.2 million Floridians employed in the tourism industry--a 4.9 percent increase from last year. VISIT Florida estimates that 2.7 million overseas visitors and 1.2 million Canadians came to Florida in quarter two of 2015 Estimates also show that 21.9 million domestic visitors traveled to Florida in the second quarter of 2015, reflecting a 6.8 percent increase over the year. Preliminary figures for the first half of 2015 show 45.7 million domestic visitors, 5.5 million overseas visitors and 2.9 million Canadians have come to the Sunshine State, representing increases of 6.7 percent, 1.7 percent and 1.1 percent respectively. C C 1 Co er Coutity C ♦ Palm Beach econ. development leader say lack of incentive funds concerning-8/25/15 Kelly Smallridge,the president of Palm Beach County's primary economic development agency, said that the possible exhaustion of the state's economic incentives funding could endanger the county's future plans, according to Marcia Heroux Pounds of The Sun Sentinel. Smallridge,the president of the Palm Beach County Business Development Board, said that the"[The board] are super concerned about the lack of state incentive dollars. Palm Beach County is one of the largest economic development producers. The lack of state dollars will hurt this effort. We're one of the counties attracting big deals--not every county or city can do that." Smallride cited several projects they hoped to lure to Florida using incentive packages, including"Project Osprey,"a code name for an undisclosed regional distribution center,and a plan to lure Staples' headquarters to Florida if the company completes its purchase of Boca Raton-based Office Depot. Smallridge said the Business Development Board is working with The Economic Council of Palm Beach County to lobby the state Legislature for more incentive money. C 0 Co er County V Scott,EFI CEO says agency nearly out of incentives funding-8/20/15 Gov.Rick Scott,reigniting a budget fight with the Republican-controlled Florida Legislature, says the state is nearly out of money to lure companies to Florida,writes Gary Fineout of The Associated Press. Scott plans to deliver that stinging message Thursday when he is scheduled to address the board of directors of Enterprise Florida Inc., the state's economic development agency,at a meeting in Ponte Vedra Beach. Scott and Enterprise Florida officials say the state has only about$9 million left in the main account it uses to offer incentives for companies.Bill Johnson,the president and CEO of Enterprise Florida, said that money will likely be gone in weeks. "That means well before the end of the fiscal year,EFI will be out of gas and unable to complete any deals," according to a copy of Scott's remarks obtained by The Associated Press. "We're definitely going to run out of the money,"Johnson said. "This is what I call a reality check." Scott will ask Enterprise Florida board members--which includes other elected officials but also top business executives around the state--to reach out to legislators to ask for more money to help the organization. "The number one way to make sure we have a diverse economy that is not just running off of our tourism industry is to win more headquarters relocations to our state--like Hertz-- so we have industries who could survive another recession,"said Scott. C Co*7 County ti a 4. Growth Management&Impact Fees—Continue to support growth management regulations and home rule authority over administration of Collier County's existing impact fee program. HB 7067 Economic Development was the House comprehensive economic development/growth management bill filed last year. It exempted businesses that were smaller than 6,000 square feet from transportation impact fees for three years. Local governments were permitted to override this provision by a majority vote. However,HB 7067 died in committee. SB 1216 Community Development amends several provisions related to current growth management law, including deletion of the state review process for large developments known as DRI(Developments of Regional Impact); dissolves the Withlacoochee Regional Planning Council(RPC)along with some of the statutory functions of the remaining 10 RPC's; amending the sector plan process by reducing certain regulatory reviews, and creating a City corridor pilot in Pasco County. SB 1216 passed the 2015 Regular Session and was signed into law by the Governor. CS/CS/SB 1216 authorizes local governments to enter into financing agreements with property owners to finance qualified improvements to property damaged by sinkhole activity. Additionally,the bill expands the definition of "blighted area,"enabling community redevelopment agencies(CRAs)to enter into voluntary contracts to redevelop properties damaged by sinkhole activity. The bill designates 10 regional planning councils(RPCs)and their borders.The bill deletes several of the RPCs' statutory duties and requirements because they are already completed,unnecessary or duplicative. The bill removes the state mandate that new developments surpassing certain thresholds and standards be subjected to the development of regional impact(DRI)review process.The bill shifts comprehensive plan amendments related to such developments to the State Coordinated Review Process. The bill clarifies the sector plan law. It states that the planning standards of the sector planning statute supersede generally applicable planning standards elsewhere in ch. 163, F.S. The bill provides more flexibility in the designation of conservation easements related to sector plans. The bill requires certain state agencies to review an application for a detailed specific area plan(DSAP)to determine whether the development would be consistent with the comprehensive plan and the long-term master plan. It provides that a water management district(WMD) may issue a consumptive use permit(CUP)for the same time period as a master development order if the project meets certain requirements. The bill provides that a district may phase in the water allocation over the duration of the permit to correspond to the actual needs of the development. C Co er County 5. Public Record Requests—Request a legislative amendment to add onto current public records law 119.07(1)a provision that includes Emergency Medical Technicians(EMTs)and Paramedics as exemptions, like firefighters and law enforcement. A Collier lobbyist is providing language to both Rep. Passidomo and Sen. Richter. C 8889 PELICAN BAY BLVD. BOCARATON GRAY R O B I N S O N SUITE 400 FORT LAUDERDALE NAPLES, FLORIDA 34108 ATTORNEYS AT LAW TEL 239-598-3601 GAINESVILLE FAX 239-598-3164 JACKSONVILLE gray-robinson.com KEY WEST Jonathan Saunders LAKELAND Contract Staff MELBOURNE 239-598-3601 MIAMI NAPLES JONATHAN.SAUNDER S AGRAY-ROB INSON.COM ORLANDO TALLAHASSEE MEMORANDUM TAMPA TO: Burt Saunders FROM: Jonathan Saunders DATE: July 20, 2015 SUBJECT: Public Records Exemption for Emergency Medical Services Personnel Under SB 0144 2015, which was signed into law by the Governor on May 21, a large variety of different serving and retired public employees and their families are exempt from having certain identifying and location information published under the state's broad public records requirement. These employees include currently serving and retired firefighters, law enforcement officers, Department of Children and Families investigators, probation and correctional facility officers, state attorneys and assistant state attorneys, judges, code enforcement officers, and guardians ad litem, among others. This exemption has been seen as a necessity for fairly obvious reasons; these state employees often deal with violent, angry, or mentally unstable individuals, and reporting their or their families personal information would put them at risk for retaliation. Curiously enough, EMS personnel, who often work with the same types of people as the public employees listed above, are not included in this public records exemption. This could leave them at risk for victimization by disgruntled former patients, and as such it would be wise to amend Section 119.071, Florida Statutes to include EMS personnel on the list of public employees exempted from the public records requirement of the Sunshine Law. Below is a sample of some possible language for said amendment: Amendment to Section 119.071 Florida Statutes o. The home addresses, telephone numbers, dates of birth, and photographs of current or former emergency medical technicians or paramedics certified under Chapter 401, Florida Statutes; the home addresses, telephone numbers, dates of birth, and places of employment of the spouses and children of current or former emergency medical technicians or paramedics certified under Chapter 401, Florida Statutes; and the names and locations of schools and daycare facilities attended by the children of current or former emergency medical technicians or paramedics certified under Chapter 401, Florida State Statutes are exempt from s. 119.07(1) and s. 24 (a), Art. I of the State Constitution. \10\2256-4 268743 v i w Wig htDebbie coorm Burt Saunders[Burt.Saunders @gray-robinson.com] nt: Wednesday, August 26, 2015 12:29 PM : WightDebbie Cc: Daphnie Bercher Subject: FW: EMS Public Records Exemption Representative Passidomo has also agreed to get this filed in the House. Burt Saunders I Shareholder GRAYS ROBINSON 8889 Pelican Bay Blvd.,Suite 400 I Naples,Florida 34108 T: 239-598-3601 I F: 239-598-3164 E-mail I Website I Bio I vCard Facebook I LinkedIn I Twitter From: KOKKINOS.REBECCA [mailto:KOKKINOS.BECKYCa�flsenate.gov] Sent: Tuesday, August 25, 2015 3:38 PM To: Burt Saunders Subject: RE: EMS Public Records Exemption Burt, ave already put this in drafting and just checked with Sen. Richter. He said he would be happy to sponsor this for you, II let you know when it comes out of drafting, b 54 /UAW Chief Legislative Assistant to Senator Garrett Richter 239-417-6205 From: Burt Saunders [mailto:Burt.Saundersc grav-robinson.com] Sent:Tuesday,August 25,2015 12:58 PM To: KOKKINOS.REBECCA<KOKKINOS.BECKYPflsenate.gov> Subject: EMS Public Records Exemption Becky, here is the document that I gave you this morning. Thanks. Burt Saunders I Shareholder GRAYS ROBINSON 8889 Pelican Bay Blvd.,Suite 400 I Naples,Florida 34108 T: 239-598-3601 I F: 239-598-3164 E-mail I Website I Bio I vCard ecebook I LinkedIn I Twitter This e-mail is intended only for the individual(s)or entity(s)named within the message.This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert,please hold it in confidence to protect the attorney-client or work product privileges.Should the 1 # u Co er Counity 6. Communications Services Tax(CST)—Oppose any legislation that would change the CST; support present CST collections. Loss of CST represents $5 million impact to Collier County. HB 33A Taxation passed during the 2015A Special Session and was signed into law by Governor Scott in June. The bill includes the comprehensive tax package for FY 2105-16, including a slight reduction to the state CST of 1.73%.The final bill holds local government revenue harmless from the reduction. rp"'� Go er County 7. Transportation — Oppose diverting funds from the State Transportation Trust Fund to non-transportation projects. A total of$10.1 billion was funded for transportation items for the current FY 2015-16, including $9.3 billion for the Work Program. Also, pursue an increased return on dollars for Collier County, a long-time donor county. Collier County appreciates the efforts of FDOT. Addressing fairly the transportation needs of 67 counties is a challenging responsibility. Transportation Funding FY 201 5-16 Total: $10.1 billion TF; • Transportation Work Program- $9.3 billion TF, includes: o Highway Construction- $3.6 billion TF o Bridge Construction- $244.8 million TF o County Transportation Programs-$186.4 million TF, includes: § Other County Transportation Programs- $61.5 million TF o Resurfacing State Roads/Highways-$633.6 million TF o Seaport and Intermodal Development Grants-$177.4 million TF o Public Transit Development Grants-$523.9 million TF o Rail Development Grants- $191.4 million TF o Shared-Use Non-motorized Trail(SunTrail)Network-$25 million TF o Economic Development Transportation("Road Fund")Projects- $35 million TF o Transportation&Economic Development TF Sweep-$107.1 million o Transportation Disadvantaged Funding-$53 million TF($2 million in GR for Unmet Need was vetoed by Governor) C y xggx-1: 1,------'7Xxv.'4 :1::i'lltift. - DA COUNTY TRANSPORTATION """ SPENDING OVERVIEW `. i-A °�•zz D ^ ; '1'NCE ''S4,6 BILI-10 , • NSES c • . pp $1.818 13 lilt 1,1 '._ 86% trft,2S '` $1.098 0 Capital i Operations b Maintenance eiiWjjeiTransPcrtation COUNTY PER CAPITA SPENDING —.11/1( i iiiiial { $199.8M MAX $1,198.72 1 AVM $206.21 HOW ARE COUNTY ROADS FUNDED? CDUNTY ROAD&STREET FACILITIES TOTAL-S1.8138 57.56 86;M $1.0568..FUEL TAX RF F.t.t 1 ,cli ilr- 1111, LEARN MORE THE BREAKDOWN See your county's transportation numbers. C 3 FAC RESEARCH FY 2013 Transportation Expenditures as reported to the Department of Financial Services on the Annual Financial Report FY 2013 ■ Total Expenses Collier C Total Population:333,663 FY2013 a o Total Transportation Road&Street Facilities Airports Water Transportation Mass Transit Other Transportation Expenditures 571.51 Million $3.58 Million No expenditures S9.35 Million No expenditures $214.32 Per Capita $10.73 Per Capita $28.03 Per Capita FY 2013 County Florida Aggregate Transportation Expenses Transportation Expense Distribution Transportation Expense Distribution Per Capita Operations:S44.22 million/Capital:$40.23 million Operations:$3.95 billion/Capital:S636.47 million Capital:14.0 FY 2013 Capital:48.0 om ■Operations ■Operations Transportation Expenses ■Capital Operations:52.0 e/U Capital as a percent of Total Expenses Notes Operations:R&D 1)Total Population data provided by the Office of Economic and Demographic Research. 2)Total.Expenditure(net Transfers)data,as weLL as,Transportation data provided by the Florida CFO's Office via the FY 2013 Annual Financial Reports. 3)Sub-Total amounts for Transportation expenditures,as well as the distribution of these reported expenditures for some counties may be skewed due to internal reporting and/or accounting practices. 4)Other Transportation includes parking facilities and the cost of providing other services which promote the safe and adequate flow of traffic. 5)According to the CFO's report,capital expenditures include funds documented in the capital fund group,operations&maintenance expenditures include funds In all other fund groups including debt service if Go er County 8. Libraries — Continue to support State Aid to Libraries and the Southwest Florida Library Network (SWFLN). Last session,there was about$34 million in statewide allocations. State Aid for Libraries was funded at$22.3 million for FY 2015-16 and$43 million was provided for Library Construction grants. C 3 WightDebbie Crom: CarnellSteve ;nt: Tuesday, August 25, 2015 8:24 AM ro: WightDebbie; CasalanguidaNick Cc: DurhamTim; KocinValerie Subject: FW: State Aid to Libraries Legislative Delegation Agenda 11.8) Debbie and Nick. Some background regarding item 8 of the Issues to Monitor List (State Aid to Libraries). Statewide funding has been vacillating up and down over the last 15 years. Funding is down nearly a third from 2001 levels. Val is advising that Collier County's share for FY 16 is $217,005, which represents a decrease in funding from each of the last two fiscal years. Steve From: KocinValerie Sent: Monday, August 24, 2015 3:05 PM To: CarnellSteve; WilliamsTanya Subject: RE: State Aid to Libraries Steve— I spoke with Sandy Newell of Florida Div of Library& Info Services. The Governor has allocated less funding to State Aid Libraries for FY 2016. State Aid Grant Awards peaked in 2001 at$33,400,000 and steadily declined through 2012 to $21,300,000. Val From: WilliamsTanya Sent: Monday, August 24, 2015 2:44 PM To: CarnellSteve Cc: KocinValerie Subject: RE: State Aid to Libraries Hi Steve, FY 12 $203,263 FY 13 $208,420 FY 14 $220,627 FY 15 $274,833 Proposed FY 16 $276,609 OR $217,005 (Depending on how the Legislature funds this program) State Aid amounts are calculated based on the Library's operating budget(local funds expended for the operation & maintenance of the Library). If there is any other information I can provide, please let me know. Respectfully, Tanya 1 Co er County un 9. Gaming—Continue to monitor the new Seminole Gaming Compact being negotiated by Governor Rick Scott and the Seminole tribe. Support at least three(3)% government share of any future gaming proceeds to finance future infrastructure needs. The Seminole gambling casino in Immokalee has plans to expand vertically. HB 1233 Related to Gaming was introduced during the 2015 Session which nixed possible gaming expansions like new destination casinos but maintains pari-mutuel decoupling. The bill did not address the Gaming Compact or the local revenue share. Currently,there has been no effort on behalf of the Governor to extend the Gaming Compact between the Seminole Tribe and the State of Florida. The issue of local government revenue sharing is tied to the legislative review and ratification of the compact renewal. SB 7088 Relating to Gaming was also introduced during the 2015 Regular Session which directed the Governor to execute a specified written amendment to the Gaming Compact between the Seminole Tribe of Florida and the State of Florida. HB 1233 and SB 7088 both died in committee. C y 4x Co er County 10. Offshore Oil and Gas Drilling-Continue to support permanently prohibiting offshore oil and gas drilling in Florida territorial waters,which are within nine(9)geographic miles from the coast of the Gulf of Mexico. No activity occurred related to offshore oil and gas drilling during the 2015 Session. C Go fit r County 11. Annexation of Isles of Capri and Collier Fire District into Greater Naples Fire Rescue District—Collier County supports continued efforts to consolidate fire services within the unincorporated county, and supports the annexation of Collier Fire District(District One). Collier County supported similar legislation in 2014,which was passed and signed by the Governor. The legislation was subject to approval and the electors and was narrowly defeated due to resident concern over the future employment of the firefighters of the Isles of Capri Fire District. The County and Greater Naples over the past two years worked diligently on a plan that will continue the employment of all current firefighters. This plan is widely supported by the firefighters, citizens,the County,and Greater Naples Fire Rescue District. On September 8,2015, Collier County Commissioners are expected to approve an Interlocal Agreement for Greater Naples to assume management of the Isles of Capri Fire District with the transfer of all firefighters into the Greater Naples Fire District effective October 1,2015. With these changes,the County supports the annexation efforts and fully expects voter support in August or November 2016. Collier Commissioners further support continued efforts to consolidate fire services within the unincorporated County and, as such, support the annexation of Collier Fire District(also known as District One). This support is expressly indicated with their passage of the Interlocal Agreement on September 8, 2015. Annexation of Isles of Capri and Collier Fire District into Greater Naples Fire Rescue District Background: Collier County supported similar legislation in 2014, which was passed and signed by the Governor. The legislation was subject to approval and the electors and was narrowly defeated due to resident concern over the future employment of the firefighters of the Isles of Capri Fire District. The County and Greater Naples over the past two years worked diligently on a plan that will continue the employment of all current firefighters. This plan is widely supported by the firefighters, citizens, the County, and Greater Naples Fire Rescue District. On September 8, 2015, Collier County Commissioners are expected to approve an Interlocal Agreement for Greater Naples to assume management of the Isles of Capri Fire District with the transfer of all firefighters into the Greater Naples Fire District effective October 1, 2015. With these changes, the County supports the annexation efforts and fully expects voter support in August or November 2016. Collier Commissioners further support continued efforts to consolidate fire services within the unincorporated County and, as such, support the annexation of Collier Fire District (also known as District One). This support is expressly indicated with their passage of the Interlocal Agreement on September 8, 2015. EXECUTIVE SUMMARY Recommendation to approve an Interlocal Agreement with Greater Naples Fire Rescue District to provide fire services to the Isles of Capri Fire District and to support legislation to annex the Isles of Capri Fire District and Collier County Fire District (District One) into the Greater Naples Fire Rescue District. OBJECTIVE: To provide fire services to the residents of Collier County in an efficient and cost effective manner. CONSIDERATIONS: In accordance with direction provided by the Board at its June 9, 2015 meeting, staff has been meeting with stakeholders of the Isles of Capri Fire District (IoC) including residents, advisory committee members, employees, collective bargaining unit representatives as well as representatives of the Greater Naples Fire Rescue District (GNFD), include their Chief and Board Chair, to develop an agreement for the management of the district and provision of fire services. The agreement attached to this executive summary has been agreed upon by all stakeholders and was approved by the GNFD Fire Commission on August 12,2015. In summary,the agreement includes: 1. Commencement on October 1, 2015 2. Setting the millage rate at 2.0 for FY16 and remitting the net ad valorem proceeds to GNFD 3. The same or better level of service as currently provided (a minimum of 2 firefighters per shift, with a goal of providing 3 firefighters per shift) 4. GNFD providing administration and records management 5. GNFD Chief attending IoC Advisory Committee meetings 6. All current IoC personnel being hired by GNFD at their current pay, rank, benefits, and leave as per their collective bargaining agreement(merged into Local 2396) 7. Collier County retaining ownership of vehicles, facilities and equipment until annexation 8. GNFD maintaining vehicles and facilities 9. GNFD providing or purchasing through Collier County required insurance coverage 10. GNFD cooperating with Collier County Public Utilities regarding fire hydrants Upon approval of this agreement, staff will begin transition planning. Additionally, GNFD will begin the process of introducing a Special Act of the Florida Legislature to annex the areas included in the Isles of Capri MSTU and Collier Fire District MSTU. If passed, the legislation will be subject to approval by voters of the districts in 2016 and the first tax levy would be assessed as of January 2017 for collection in FY18. Until future annexation of the Ochopee Fire District(OFD), GNFD has agreed to enter into an Interlocal Agreement with OFD (the County) to provide fire services within District One using the current calculation method to distribute ad valorem taxes. The schedule and timeline below presents a high level look at the expected actions over the next four years. Ioc Annex&District One 2016 Legislative Session—Special Act passed Aug Primary or Nov 2016 General Election—Voter approval Jan 2017 Tax year begins Oct 2017(FY18)GNFD annexation of Ioc&District One complete Oct 2017 Interlocal Agreement for fire service by OFD to parts of District One Ochopee Interlocal Agreement Jun 2016 begin discussion re: future revenue for Station 63 Sep 2016 adopt legislative priority/support toll revenue(Station 63) 2017 Legislative Session -toll revenue allocation Jun 2017 Begin stakeholders meeting re: management of Ochopee FD Jun 2018 Adopt ILA for Ochopee management Oct 2018 (FY19)begin GNFD operations Ochopee Annex 2018 Legislative Session—Special Act Passed Aug 2018 Primary or Nov 2018 General Election Jan 2019 Tax year begins Oct 2019(FY20)GNFD annexation of OFD complete Oct 2019 Interlocal Agreement for fire service in District One terminated FISCAL IMPACT: Prior to the receipt of ad valorem property tax revenue which generally does not post until late November, the County will pay to Greater Naples on or about October 1st, a sum equal to two twelve's (2/12) of 95%of ad valorem proceeds budgeted (for example; this amount based upon the July 2015 tentative budget totals on or about $162,300). Thereafter, monthly beginning with the December posting, the County will pay to Greater Naples the exact amount of ad valorem proceeds posted until the net budgeted ad valorem proceeds is reached. In August, after the last ad valorem tax receipt is posted, the County will pay to Greater Naples a true up amount which is defined as the total amount of ad valorem proceeds posted to the County's accounting system less the amount paid. In no instance will the amount of ad valorem proceeds paid to Greater Naples exceed the amount of ad valorem revenue posted in the County's accounting system. At year end, other eligible, appropriate and legally available non ad valorem revenue posted to the accounting system will be paid to Greater Naples with the explicit understanding that the year ending cash balance will not drop below the audited amount as of September 30, 2015. GROWTH MANAGEMENT IMPACT: There are no Growth Management Impacts associated with this Executive Summary. LEGAL CONSIDERATIONS: RECOMMENDATION: That the Board approves the Interlocal Agreement with Greater Naples Fire Rescue District for fire services to Isles of Capri Fire District (MSTU) and supports legislation annexing the Isles of Capri and Collier Fire District(District One) into the Greater Naples Fire Rescue District. Prepared by: Len Golden Price,Administrative Services Attachments: Interlocal Agreement FA - FLORIDA ASSOCIATION OF COUNTIES All About Florida 2015-2016 Interim Legislative Program Flll' FLORIDA own Its All A.,m Florida 2015-16 Interim Legislative Program ``Warms Table of Contents FAC Interim Policy Priorities 3 Finance, Tax &Administration 9 Growth Management, Agriculture & Environment 11 Health & Human Services 17 Public Safety 20 Federal 24 2 FAN r-i.oxmn ""°u`�l` 2015-16 Interim Legislative Program FAC Interim Policy Priorities Lisa M. Hurley, Esq., Legislative Director Email: Ihurley©fl-counties.com Phone: 850-922-4300 or Fax: 850-488-7501 TAX REFORM SUPPORT tax reform measures that simplify administration and provide an economic boost to Florida's taxpayers while at the same time considering and minimizing the collective and cumulative negative impact on local revenues, including state shared and local discretionary revenue sources that are critical to local governments in providing community services. Potential tax proposals that are of major concern to FAC include, but are not limited to: A. Communications Services Taxes SUPPORT amending and/or revising current law in a manner that is: 1) revenue neutral; 2) simplifies administration and collection of the current tax; 3) provides • for a broad and equitable tax base; 4) provides for enhanced stability and reliability as an important revenue source for local government; and 5) provides the opportunity for market-based growth. OPPOSE legislation that would revise current law in a manner that significantly reduces current local government related revenues. B. Sales Tax Exemption on Commercial Leases SUPPORT legislation that would phase-in a reduction and eventual exemption of state sales tax on commercial leases, but preserving and "grandfathering-in" existing local (county) option sales taxes. C. Property Taxes —"Elimination of Recapture Provision" OPPOSE legislation that would eliminate currently existing recapture provisions for homestead and non-homestead property. 3 F FLORIDA IDA WWI AI ASwi 2015-16 Interim Legislative Program 1' .' D. Local Discretionary Revenue Flexibility SUPPORT modifications to existing laws governing local discretionary sales tax revenue sources, including operational expenditures, to provide greater simplification, flexibility and more efficient administration and management. SUPPORT expanding the eligibility to levy the Charter County Transportation Surtax to all counties. ECONOMIC DEVELOPMENT Economic Development: SUPPORT measures that empower local governments and provides resources to work with community partners towards the creation of quality jobs, more vibrant Florida communities and global competitiveness as envisioned by the Florida Chamber Foundation's 20 year strategic plan. Related issues that are of major interest to FAC for the 2016 Legislative session include, but are not limited to: A. State and Local Economic Development Partnerships SUPPORT legislation and appropriation that enhances the efficiency and effectiveness of the state and local government partnership in economic development through the greater use of targeted strategies and strategic investments to induce and retain sustainable economic activity resulting in a consistent positive return on investment for both state and local governments. B. Film/Television Entertainment Production Tax Incentives SUPPORT legislation that would enhance the current incentives program to support and incentivize local governments to create and maintain a more sustainable and competitive physical and financial environment for attracting film, television, digital and new media related entertainment production in the State of Florida that promotes and is tied to infrastructure and workforce education in science, technology, engineering, arts and math. 4 F FLORIDA lT Af Alam Fbrid.onda 2015-16 Interim Legislative Program UTILITY RELOCATION Utility Relocation: OPPOSE legislation requiring counties to pay for the relocation of private utilities when such utilities are located within a county-owned right-of- way and must be moved to accommodate a county project. AMENDMENT 1/BEACH RENOURISHMENT Amendment 1 —The Florida Water and Land Conservation: SUPPORT a balanced distribution of funds for land acquisition and for water quality and quantity projects throughout the state, with equitable allocation irrespective of a project's urban or rural nature, or its coastal or inland location. SUPPORT maintenance, monitoring and sustainability of existing state conservation lands. SUPPORT land acquisitions of less than fee simple interest, thus reducing the cost to taxpayers by lowering acquisition costs and maintaining property tax revenues, while allowing property owners to continue certain uses on negotiable terms. SUPPORT an acquisition policy that involves local government participation in priority assessment and community impact. SUPPORT the authority of county government to purchase and sell conservation lands in accordance with local needs, charter and ordinance requirements, or financial capacity. Payment In Lieu of Taxes (PICT): SUPPORT the continued funding of payments in lieu of taxes to make up for ad valorem losses resulting from state acquisition, with future adjustments to reflect increases in property value. Beach Renourishment: SUPPORT the continuation of a statutory funding source for beach renourishment projects with an increase over the current amount of $30 million, which is no longer sufficient to sustain this important program. 5 FA" All About Ebnda 2015-16 Interim Legislative Program SUPPORT the revision of statutory criteria for the annual ranking of beach projects for state cost sharing; specifically, criteria that recognize economic benefits and cost- effectiveness, the reduction in storm damage, and the ability to leverage federal dollars. COMPREHENSIVE WATER POLICY Water Supply: SUPPORT legislation that enhances regional and local financial capacity to address water supply development with allocation flexibility in all available funding sources. SUPPORT the funding of the Water Protection and Sustainability Program within the Department of Environmental Protection and Water Management Districts for the development of alternative water supplies, water quality improvement projects, and comprehensive water infrastructure needs. SUPPORT the fundamental principles of Florida water law which: • Requires demonstration that a proposed use of water is i) a reasonable- beneficial use, ii) will not interfere with an existing legal use of water, and iii) is consistent with the public interest. • Establishes a right of use, not a right of ownership. • Provides for "local sources first" — that is, a county from which water is withdrawn shall not be deprived of the prior right to its reasonable and beneficial use to supply the needs of its natural systems, property owners, and residents. OPPOSE any state-wide water commission or "water czar" which would redefine existing water supply relationships among the state, regional water management districts, and local governments. Water Quality: Indian River Lagoon, Lake Okeechobee Basin & Everglades: SUPPORT state funding for the construction of additional water storage and water quality treatment facilities within the Lake Okeechobee, Caloosahatchee, St. Lucie, Indian River Lagoon and Everglades watersheds. Springs Protection: SUPPORT state funding for nutrient load reduction programs within Florida's springsheds. SUPPORT the prioritization of springs restoration funding, 6 FA FLOR[L)A Alovt 2015-16 Interim Legislative Program eV Alain fbriL with a program to assist local governments with packing houses and with septic tank connections and facility upgrades in springsheds with higher domestic waste contributions. BEHAVIORAL HEALTH Behavioral Health Services: SUPPORT efforts to increase supportive housing, employment and education initiatives for people with behavioral health issues and/or disabilities. SUPPORT diverting, medically assisting, or treating mentally ill persons outside of the criminal justice system through alternative community programs, such as Crisis Intervention Teams. Behavioral Health Funding: SUPPORT increased funding for core mental health and substance abuse services. SUPPORT increased funding of the Criminal Justice Mental Health and Substance Abuse Reinvestment Grant Program with recurring dollars in a trust fund. SUPPORT sustainable matching state funds to counties that have received both planning and implementation Reinvestment Grant funds. Baker Act/Marchman Act: SUPPORT appropriate funding for crisis mental health and substance abuse beds statewide. SUPPORT coordinated efforts to increase access to acute care behavioral health services for individuals and families. Homelessness: SUPPORT developing a dedicated state funding source for homeless programs. SUPPORT legislation that streamlines current state statutes relating to homelessness and associated programs, including the funding allocation and appropriation processes. SUPPORT the implementation of discharge protocols and/or procedures for hospitals, correctional facilities, and mental health facilities when releasing homeless persons. SUPPORT the development of strategies that would allow local governments to work with the state and federal government to serve target populations: the chronically homeless, veterans, and families and children, with particular emphasis on children aging out of the foster care system. 7 liut fbru'r 4 A®A Abut 2015-16 Interim Legislative Program FAC Federal Interim Policy Priorities Lisa M. Hurley, Esq., Legislative Director Email: I hu rley©fl-counties.com Phone: 850-922-4300 or Fax: 850-488-7501 Eric Poole, Assistant Legislative Director Email: Phone: 850-922-4300 Fax: 850-488-7501 Waters of the United States(WOTUS) SUPPORT legislation that clarifies that local streets, gutters, and other stormwater infrastructure are excluded from the definition of"Waters of the U.S.," while also requiring federal agencies to consult with state and local officials to identify which waters should be federally regulated and which should be left to the states. MAP-21 Reauthorization SUPPORT passage of a multi-year surface transportation authorization bill that provides long-term funding certainty, restores solvency to the Highway Trust Fund, and distributes to high growth states like Florida at least 95% of all highway funds by formula. National Flood Insurance Program (NFIP)Reform FAC SUPPORTS legislative efforts, policies and programs that ensure all property owners can receive affordable flood insurance within a program framework that helps the NFIP become financially stable. Federal Disaster Assistance SUPPORT legislation that prohibits the Federal Emergency Management Agency (FEMA) from deobligating from counties previously-awarded disaster funds for projects that have been certified complete by the state for at least three years. 8 FAA FLORIDA MAIMf,r 2015-16 Interim Legislative Program MAIM tbrivla Finance, Tax & Administration Davin J. Suggs, Fiscal Policy Director Email: dsuggs(a fl-counties.com Interim Policy Statements Phone: 850-922-4300 or Fax: 850-488-7501 Tax Reform: SUPPORT tax reform measures that simplify administration and provide an economic boost to Florida's taxpayers while at the same time considering and minimizing the collective and cumulative negative impact on local revenues, including state shared and local discretionary revenue sources that are critical to local governments in providing community services. Potential tax proposals that are of major concern to FAC include, but are not limited to: E. Communications Services Taxes SUPPORT amending and/or revising current law in a manner that is: 1) revenue neutral; 2) simplifies administration and collection of the current tax; 3) provides for a broad and equitable tax base; 4) provides for enhanced stability and reliability as an important revenue source for local government; and 5) provides the opportunity for market-based growth. OPPOSE legislation that would revise current law in a manner that significantly reduces current local government related revenues. F. Sales Tax Exemption on Commercial Leases SUPPORT legislation that would phase-in a reduction and eventual exemption of state sales tax on commercial leases, but preserving and "grandfathering-in" existing local (county) option sales taxes. G. Property Taxes — "Elimination of Recapture Provision" OPPOSE legislation that would eliminate currently existing recapture provisions for homestead and non-homestead property. H. Local Discretionary Revenue Flexibility SUPPORT modifications to existing laws governing local discretionary sales tax revenue sources, including operational expenditures, to provide greater simplification, flexibility and more efficient administration and management. 9 FA`s ` °■„LS 2015-16 Interim Legislative Program A4 Abul Fb.:.1. SUPPORT expanding the eligibility to levy the Charter County Transportation Surtax to all counties. ECONOMIC DEVELOPMENT Economic Development: SUPPORT measures that empower local governments and provides resources to work with community partners towards the creation of quality jobs, more vibrant Florida communities and global competitiveness as envisioned by the Florida Chamber Foundation's 20 year strategic plan. Related issues that are of major interest to FAC for the 2016 Legislative session include, but are not limited to: C. State and Local Economic Development Partnerships SUPPORT legislation and appropriation that enhances the efficiency and effectiveness of the state and local government partnership in economic development through the greater use of targeted strategies and strategic investments to induce and retain sustainable economic activity resulting in a consistent positive return on investment for both state and local governments. D. Film/Television Entertainment Production Tax Incentives SUPPORT legislation that would enhance the current incentives program to support and incentivize local governments to create and maintain a more sustainable and competitive physical and financial environment for attracting film, television, digital and new media related entertainment production in the State of Florida that promotes and is tied to infrastructure and workforce education in science, technology, engineering, arts and math. BUDGET & FINANCE ADMINISTRATION Value Adjustment Boards: SUPPORT legislation that increases the efficiency and effectiveness of the current VAB process. OPPOSE legislation that would harm the ability of Value Adjustment Boards in fulfilling its role as intended by the State Constitution. GENERAL ADMINISTRATION CCNA: FAC SUPPORT language amending the CCNA to raise the allowable thresholds for dollar thresholds under the CCNA or to clarify the meaning of"work of a specified 10 FA FLORIDA "°UuHo Al new Honda nda 2015-16 Interim Legislative Program nature"as not being subject to the dollar thresholds, provided that the contract is for a specific time period. Regulation of taxis and Limousines: FAC SUPPORTS maintaining the integrity of home rule power, which allows counties to regulate taxis, limousines, and jitneys for the purpose of public safety and consumer protection. Conversely, FAC OPPOSES in effort that preempts to the state the regulation of chauffeured limousines, limousine services and drivers of chauffeured limousines. Elections: SUPPORT full state funding of all expenditures by supervisors of elections to comply with the requirements of the federal Help America Vote Act. Public Notice: SUPPORT legislation allowing local governments to comply with public notice and legal advertisement requirements by means other than the newspaper. Florida Retirement System (FRS): OPPOSE any FRS benefit changes that result in an increase in the FRS county and county employee contribution rates. SUPPORT requiring all legislation that potentially results in an increase in the FRS contribution rate to be analyzed and evaluated to determine the direct fiscal impact of proposed changes to all local and state government to be eligible for consideration. Public Record and Open Meeting Exemptions for Economic Development: SUPPORT changes to s.286.0113 and s.288.075, F.S., that would allow the Board of County Commissioners to deliberate in private regarding an economic development proposal and preserve the confidentiality of confidential information in the possession of an economic development agency. Eric Poole,Assistant Legislative Director Growth Management, Email: epoole©fl-counties.com Agriculture & Environment Stephen James, Legislative Staff Attorney Interim Policy Statements Email: sjamesCafl counties.com Phone: 850-922-4300 Fax: 850-488-7501 GROWTH MANAGEMENT Home Rule Preemptions: FAC OPPOSES legislation that preempts the legislative and policy making powers of counties used to regulate land use and implement local zoning controls. Further, FAC OPPOSES legislative efforts that mandate minimum land use densities for properties that meet specific size, use, and location characteristics. 11 FA FLORID:\ r aao..b.u. 2015-16 Interim Legislative Program Growth Management Reform: The growth reforms of 2011 represented the most significant changes to the state's planning laws in more than 25 years. While FAC does not oppose the revised planning process, it believes that no further revisions should occur without first evaluating the impact the 2011 changes have had on the economy, the environment, local and regional infrastructure, and community development. Accordingly, until such an evaluation takes place, OPPOSE any further reductions in state planning oversight or other efforts preempting local planning decisions. Concurrency: In the absence of state-mandated transportation concurrency, and to ensure that the roads needed to support new development are concurrent with the impacts of development, SUPPORT county home rule authority, and current statutory provisions, which allow counties to retain their current transportation concurrency systems, as adopted by local ordinance. Proportionate Fair-Share Mitigation: SUPPORT major revisions to the proportionate share statute to ensure that: (1) the funding formula and its application are clear and unambiguous; (2) local governments can determine if the payment is adequate to satisfy the concurrency management system; (3) each development can be charged its proportionate share of road improvements when the road is deficient or when development causes the road to become deficient; and, (4) development is not charged for existing deficiencies or backlog. REGIONAL PLANNING Regional Planning Councils (RPCs): FAC recognizes that RPCs play a critical role in supporting local governments by providing key services that support: • Economic Development; • Affordable Housing; • Transportation Planning; • Emergency Preparedness; • Hurricane Evacuation; • Community Planning; • GIS Mapping; and, • Dispute Resolution Services. Accordingly, FAC SUPPORTS retaining the existing statutory authorities and responsibilities vested in RPCs. 12 FA FLORIDA AO s 2015-16 Interim Legislative Program .ta.uw ru.;�r. AFFORDABLE HOUSING Affordable Housing: SUPPORT retaining the full amount of dedicated documentary tax revenues to fund state and local affordable housing programs. TRANSPORTATION Utility Relocation: OPPOSE legislation requiring counties to pay for the relocation of private utilities when such utilities are located within a county-owned right-of- way and must be moved to accommodate a county project. State Transportation Trust Fund: OPPOSE any effort to divert revenues from the state transportation trust fund for non-transportation purposes. Regional Transportation Finance Entities: SUPPORT legislation that authorizes the creation of regional transportation finance authorities, who may be authorized to use tolls, or pledge a portion of the capacity improvement funds from the State Transportation Trust Fund to finance eligible transit or transportation improvement projects. Rural Transportation Funding: SUPPORT state funding for the Small County Road Assistance Program (SCRAP). SUPPORT continuing enhanced state funding for the Small County Outreach Program (SCOP). County Transportation Projects: SUPPORT increasing the cost cap (from $400,000 to $750,000) for counties to self-perform road improvement projects using the Constitutional Gas Tax proceeds. Strategic Intermodal System (SIS): SUPPORT legislation allowing SIS funds to be used on roads and other transportation facilities not designated on the SIS network if the improvement relieves congestion on the SIS. LAND CONSERVATION Amendment 1 —The Florida Water and Land Conservation Amendment: SUPPORT a balanced distribution of funds for land acquisition and for water quality and quantity projects throughout the state, with equitable allocation irrespective of a project's urban or rural nature, or its coastal or inland location. 13 F r•LOUrr7A " U „rs 2015-16 Interim Legislative Program SUPPORT maintenance, monitoring and sustainability of existing state conservation lands. SUPPORT land acquisitions of less than fee simple interest, thus reducing the cost to taxpayers by lowering acquisition costs and maintaining property tax revenues, while allowing property owners to continue certain uses on negotiable terms. SUPPORT an acquisition policy that involves local government participation in priority assessment and community impact. SUPPORT the authority of county government to purchase and sell conservation lands in accordance with local needs, charter and ordinance requirements, or financial capacity. Payment In Lieu of Taxes (PICT): SUPPORT the continued funding of payments in lieu of taxes to make up for ad valorem losses resulting from state acquisition, with future adjustments to reflect increases in property value. BEACHES AND SHORES Beach Renourishment: SUPPORT the continuation of a statutory funding source for beach renourishment projects with an increase over the current amount of $30 million, which is no longer sufficient to sustain this important program. SUPPORT the revision of statutory criteria for the annual ranking of beach projects for state cost sharing; specifically, criteria that recognize economic benefits and cost- effectiveness, the reduction in storm damage, and the ability to leverage federal dollars. Vessels and Waterways: SUPPORT revised statutory authority and continued state funding for the enforcement and removal of derelict vessels, with emphasis on chronic offenders. SUPPORT continued state and local regulation of vessels, mooring fields, bulkheads and seawalls, floating vessel platforms, and seagrasses. 14 FAQ FLORIDA `ti"'A AP and. 2015-16 Interim Legislative Program iUwd nand. WATER RESOURCES Water Supply: SUPPORT legislation that enhances regional and local financial capacity to address water supply development with allocation flexibility in all available funding sources. SUPPORT the funding of the Water Protection and Sustainability Program within the Department of Environmental Protection and Water Management Districts for the development of alternative water supplies, water quality improvement projects, and comprehensive water infrastructure needs. SUPPORT the fundamental principles of Florida water law which: • Requires demonstration that a proposed use of water is i) a reasonable- beneficial use, ii) will not interfere with an existing legal use of water, and iii) is consistent with the public interest. • Establishes a right of use, not a right of ownership. • Provides for "local sources first" — that is, a county from which water is withdrawn shall not be deprived of the prior right to its reasonable and beneficial use to supply the needs of its natural systems, property owners, and residents. OPPOSE any state-wide water commission or "water czar" which would redefine existing water supply relationships among the state, regional water management districts, and local governments. Water Quality: Indian River Lagoon, Lake Okeechobee Basin & Everglades: SUPPORT state funding for the construction of additional water storage and water quality treatment facilities within the Lake Okeechobee, Caloosahatchee, St. Lucie, Indian River Lagoon and Everglades watersheds. Springs Protection: SUPPORT state funding for nutrient load reduction programs within Florida's springsheds. SUPPORT the prioritization of springs restoration funding, with a program to assist local governments with packing houses and with septic tank connections and facility upgrades in springsheds with higher domestic waste contributions. 15 FA ""6 `s 2015-16 Interim Legislative Program Fertilizer: SUPPORT the authority of county government to regulate the urban use and application of fertilizer to protect water quality. SUPPORT the "Florida Green Industries Best Management Practices" as a basic level of water quality protection, with more stringent protections authorized to address water bodies in need. SOLID WASTE Funding: SUPPORT continued state funding of the Small County Consolidated Grant Program, and maintaining the waste tire fee as a dedicated revenue source for funding mosquito control, solid waste and recycling programs. Recycling: SUPPORT legislation that provides appropriate resources and incentives to local governments to achieve statewide recycling goals, with credit afforded for all recycled materials including municipal biomass and other waste-to-energy processes. DOMESTIC WASTE Land Application of Septage: SUPPORT legislative policies that recognize the challenges of septage disposal in rural counties without adequate treatment and disposal facilities, and the prioritization of funding for the development of these facilities and associated infrastructure. Central Sewer Systems: SUPPORT the authority of county government to require mandatory connection to central sewer systems as they become available. UTILITIES Utility Rates: SUPPORT legislation that recognizes the responsibility and authority of local government utilities to establish rates and rate structures to allow for flexibility in the provision of services and the sustainable funding of operations. Utility Liens: SUPPORT legislation to amend Section 159.17, Florida Statutes, to authorize counties — as well as municipalities — that issue revenue bonds to place liens on properties served by any water, sewer or gas systems for service charges until paid, which liens shall be prior to and on parity with state, county and municipal tax liens. Stormwater Fees: SUPPORT legislation to amend Section 403.0893, Florida Statutes, to provide authorization for stormwater utilities to charge and collect user fees from all beneficiaries of the stormwater utility system. 16 i'11l'• prom!, 061)v-1iis 2015-16 Interim Legislative Program Al Novi Honda CLIMATE CHANGE / SEA LEVEL RISE SUPPORT a comprehensive state climate change action plan, with energy policies and other initiatives to reduce greenhouse gases and to address ecosystem sustainability, long term water supply, flood protection, public health and safety, and economic prosperity. SUPPORT state and federal recognition of adaptation and mitigation as critical to any climate change plan, and the funding necessary to assist local governments in developing and implementing these initiatives. SUPPORT increased funding for local government infrastructure projects and planning activities to facilitate the prevention of and recovery from damage to essential transportation systems, water management systems and national resources. AGRICULTURE Agritourism: SUPPORT limited local regulation of off-site health, safety and welfare impacts from large-scale agritourism "events" on agricultural property. Rural and Family Lands Protection Act: SUPPORT funding the Rural and Family Lands Protection Act to allow for the purchase of rural easements to prevent the subdivision and conversion of such land into other uses. Citrus Greening: SUPPORT state, federal and local efforts to assist the citrus industry in research to control the damage and threat caused by citrus greening/Huanglongbing (HLB). Health & Human Services Interim Susan Harbin, Legislative Advocate Email: sharbin @fl-counties.com Policy Statements Phone: 850-922-4300 Fax: 850-488-7501 Behavioral Health: • Behavioral Health Services: SUPPORT increased funding for core mental health and substance abuse services. SUPPORT efforts to increase supportive housing, employment and education initiatives for people with behavioral health issues and/or disabilities. SUPPORT diverting, medically assisting, or treating mentally ill persons outside of the criminal justice system through alternative community programs. • Baker Act/Marchman Act: SUPPORT appropriate funding for crisis mental health and substance abuse beds statewide. SUPPORT coordinated efforts to increase access to acute care behavioral health services for individuals and families. 17 FAQ FLORIDA 'L Flora t"Flora s Aio..F 2015-16 Interim Legislative Program AO County Health Departments (CHDs): SUPPORT increasing state general revenue funding for CHDs, and OPPOSE any state reductions to the CHD Trust Funds. SUPPORT restoring funding reductions in operating support for CHDs. SUPPORT maintaining a coordinated system of CHDs that is centrally housed within the Department of Health (DOH). SUPPORT preserving the ability of CHDs to provide primary care and direct patient care services, particularly in communities without adequate substitutes or alternative providers for these services. County Share of Cost for Medicaid Services: SUPPORT establishing a cap on growth in the individual county Medicaid costs under s. 409.915, F.S. to address the cost shifts that result from the transition to a Medicaid enrollee based cost-sharing system. OPPOSE efforts to further shift state Medicaid costs to counties. SUPPORT continued evaluation of the county-state Medicaid cost-share arrangement, taking into consideration the impacts of state policies designed to contain growth in Medicaid costs, including statewide Medicaid managed care and diagnosis related group reimbursement for hospitals. Emergency Medical Services (EMS): OPPOSE legislation that limits the ability of county EMS providers to be reimbursed for out-of-network transports. OPPOSE legislation that preempts county authority to regulate use or register distribution of Automatic External Defibrillators (AEDs). SUPPORT a cost recovery mechanism if county provided training is mandated. Low Income Pool/Intergovernmental Transfers (IGTs): SUPPORT a system for distributing Low Income Pool dollars that ensures IGT-donor counties are able to direct the federal matching dollars generated by their local IGT contributions to best meet the health care needs of their constituents, rather than having those dollars redistributed throughout the state. Statewide Medicaid Managed Care Program: SUPPORT continued efforts to work through Medicaid reform initiatives to ensure timely payment cycles for providers. Community Care for the Elderly: SUPPORT adequate funding for the Community Care for the Elderly Program, which provides cost efficient diversion from nursing home placement for impaired elders. Homelessness: SUPPORT developing a dedicated state funding source for homeless programs. SUPPORT legislation that streamlines current state statutes relating to homelessness and associated programs, including the funding allocation and appropriation processes. SUPPORT the implementation of discharge protocols and/or procedures for hospitals, correctional facilities, and mental health facilities when 18 FAN FLORII A 2015-16 Interim Legislative Program releasing homeless persons. SUPPORT the development of strategies that would allow local governments to work with the state and federal government to serve target populations: the chronically homeless, veterans, and families and children, with particular emphasis on children aging out of the foster care system. SUPPORT continued coordination with the state's Council on Homelessness, specifically as it recommends policies and practices in support of the Federal Strategic Plan to End Homelessness. SUPPORT efforts to extend tax credits to businesses that employ the homeless. SUPPORT creation of a public records exemption for individual identifying information entered into the Homeless Management Information System (HMIS). Smoking Regulation: SUPPORT legislation restoring county authority to regulate smoking on county-owned outdoor property. OPPOSE efforts to preempt local regulation of tobacco products and other nicotine dispensing devices. Transportation Disadvantaged (TD): SUPPORT efforts to avoid fragmentation, inefficient operation, and costly duplication of TD services. SUPPORT appropriate and dedicated state funding for the TD program, including funding to address unmet TD needs in rural areas. SUPPORT efforts to protect the TD trust fund. Graduate Medical Education (GME): SUPPORT efforts to fund GME programs to meet the healthcare needs of the state and its local communities, with a particular emphasis on programs that provide for specialties in need as well as the development of physicians practice in medically underserved areas. Healthcare Expansion: SUPPORT state legislation drawing down the federal funds made available to Florida under the Patient Protection and Affordable Care Act to expand health insurance coverage to certain individuals who earn up to 138 percent of the federal poverty level, provided that such a program does not further shift Medicaid costs to counties. Medically Needy: SUPPORT the continuation of the Medically Needy program. Trauma Care System: SUPPORT efforts to maintain and enhance established trauma care funding, including incentives for the development of new trauma centers. OPPOSE any efforts to shift the state's financial responsibility for the trauma system to counties or divert trauma care funding for purposes other than those intended by the existing legislation. Healthy Start and Healthy Families: SUPPORT continuation of funding for the Florida Healthy Start and Healthy Families program. 19 �tlU FLORIDA CbUti 1'1LS 2015-16 Interim Legislative Program Open Water Life Guards: SUPPORT legislation that would provide for open water lifeguard agency certification in Florida. Veterans: SUPPORT legislation establishing a program that allocates state funds to hire Veterans Services Officers in counties in order to increase services and federal benefits for Florida veterans. Public Safety Interim Policy Laura M. Youmans, Esq., Legislative Advocate lyoumans @fl-counties.com Statements Phone: 850-922-9755 Fax: 850-488-7501 GENERAL PUBLIC SAFETY Firearm Preemption: SUPPORT legislation empowering local law enforcement to prosecute individuals who dangerously discharge firearms. JUDICIAL SYSTEM Article V: SUPPORT eliminating the requirements of s. 29.008(4)(a), F.S., that require counties to fund certain court expenditures by 1.5 percent over the prior county fiscal year. Court Technology Fee: SUPPORT increasing the service fee charged for recording documents and instruments pursuant to s. 28.24(12)(e), F.S., from $4.00 to $8.00, so that $6.00 of the fee is distributed to boards of county commissioners to help fund court-related technology and technology needs as mandated by s. 29.008(1)(f)(2), F.S. Flexibility in Additional Court Costs for Criminal/Traffic Offenses: SUPPORT legislation giving counties more flexibility in the use of the funds generated by the discretionary $65.00 cost on criminal and traffic cases provided in s. 939.185, F.S. Pretrial Service Agencies: SUPPORT maintaining county ability to provide risk assessment pretrial release services that prevent new offenses and ensures appearance as obligated. OPPOSE legislation limiting the discretion of the first appearance judge, requiring written reports and eliminating the presumption of release on non-monetary conditions. SUPPORT changing pretrial program reporting requirements as provided in s. 907.043, F.S., from weekly to monthly updates. OPPOSE legislation that restricts pretrial services to only indigent defendants and SUPPORT legislation that requires bail bondsmen to report information as required of pretrial service agencies in s.907.043 F.S. 20 FA1 sZ_oua�;i AB 2015-16 Interim Legislative Program ADw�fbriJa Traffic Hearing Officer Program: SUPPORT full funding for traffic hearing officer programs statewide and allow magistrates to handle cases resulting from red light camera offenses. IMPACTS TO COUNTY JAILS Mental Health or Substance Abuse Programs: SUPPORT efforts to increase supportive housing, jail diversion, and employment and education initiatives for people with mental health or substance abuse issues. SUPPORT diverting, medically assisting, or treating mentally ill outside of the criminal justice process through alternative programs, such as Crisis Intervention Teams. Mental Health or Substance Abuse Funding: SUPPORT appropriate funding for core mental health and substance abuse services. SUPPORT increased funding of the Criminal Justice Mental Health and Substance Abuse Reinvestment Grant Program with recurring dollars in a trust fund. SUPPORT sustainable matching state funds to counties that have received both planning and implementation Reinvestment Grant funds. Shift of Prison Inmates to Jails: OPPOSE any efforts to shift inmates with less than a year on their sentence at the time of sentencing to jails instead of prisons. Small County Courthouse Funding: SUPPORT continued state general revenue funding for capital improvements to county courthouses and other court-related facilities, including jails, located in rural counties. Inmate Medical Costs: SUPPORT legislation that reduces jail expenses by setting a reimbursement amount paid by counties to medical providers for health care services for inmates and arrestees at no higher than the established Medicare rate plus 10%, the same rate as currently charged to the Department of Corrections, unless there is an existing contract in place or a business practice providing a lower rate. SUPPORT continued efforts to obtain Medicaid eligibility for persons incarcerated in county jails while waiting disposition of their cases and to ensure that existing Medicaid benefits are not terminated during incarceration. JUVENILE JUSTICE Juvenile Detention: SUPPORT the state taking full responsibility for funding and operation of detention facilities serving juveniles, both for pre-disposition and post- 21 FA etY F 2015-16 Interim Legislative Program Alw'. .. disposition days and implementing juvenile justice reform, as recommended by the Detention Cost Share Proviso Workgroup. In the alternative, SUPPORT funding for the secure detention as upheld by Florida's courts. SUPPORT allowing counties to pay actual costs on a monthly reimbursement basis. Prevention, Treatment, and Rehabilitation: SUPPORT initiatives which reduce juvenile detention through prevention, treatment, and rehabilitation services. Juvenile Detention Facilities: SUPPORT the legislature appropriating state funds to the Department of Juvenile Justice to upgrade, renovate, or reconstruct detention centers across Florida that are in a state of disrepair. SUPPORT state investments in juvenile facilities to improve the conditions of secure confinement for detained youth without such costs being shifted to the counties. GENERAL PUBLIC SAFETY Medical Marijuana: If there is an effort to expand or modify the use of medical marijuana SUPPORT legislation that provides a comprehensive health-based regulatory system where the Department of Health is responsible for licensing cultivation sites, dispensing facilities and manufacturers of marijuana for medicinal purposes subject to local ordinances, including but not limited to occupational licensing, regulation and zoning laws. Synthetic Drugs: SUPPORT expanding the controlled substance schedule to include new iterations of synthetic formulas that mimic the effects of illegal drugs. SUPPORT prohibiting certain types of packaging and marketing of any products claiming to mimic the effects of illegal drugs. Pain Management Clinics: OPPOSE preemption of the regulation of pain management clinics to the state. County Emergency Radio Systems: OPPOSE legislation that would shift funds or impede counties from building and maintaining an interoperable radio communication system as authorized by statute. Crime Lab Funding: SUPPORT additional funding for locally-operated crime analysis laboratories. Copper and Other Metals Thefts: SUPPORT legislation strengthening laws related to copper and other metals thefts and secondary metals recyclers to deter thefts from local governments, businesses, and individuals. SUPPORT legislation increasing the 22 FA rx'xr.oxrU r�:� rrr_s 2015-16 Interim Legislative Program AR no penalties for illegal purchase of scrap metals. OPPOSE legislation preempting local scrap metal ordinances from being more restrictive. EMERGENCY MANAGEMENT Emergency Management Preparedness and Assistance (EMPA) Trust Fund: SUPPORT maintaining the original intent and purpose of the EMPA Trust Fund, which is to serve as a funding source for state and local emergency management programs, by ensuring that all monies collected for purposes of funding emergency management, preparedness and assistance are deposited into the EMPA Trust Fund and spent on emergency management activities. Accordingly, FAC OPPOSES legislative sweeps of the EMPA trust fund for non-emergency management purposes and SUPPORTS an increase to the county base grant funding, which has remain unchanged for more than a decade. SUPPORT changes to the EMPA trust fund by ensuring the $2.00 and $4.00 annual surcharge on all homeowner and business insurance policies is assessed on either a per-parcel or per-unit basis of coverage, rather than on a single policy. SUPPORT a repeal of the service charge to general revenue on the EMPA trust fund and redirect these monies back to the counties in the same manner in which the EMPA base grant is distributed. Shelter Funding and Standards_ Consistent with the provisions of s. 252.385, F.S., which states that it is the intent of the Legislature that this state not have a deficit of safe shelter space by 1998 and thereafter, SUPPORT additional state funding for hurricane shelter spaces, including retrofitting existing facilities, and providing for the increased cost of construction for Enhanced Hurricane Protection Areas (EHPA) associated with new school construction. SUPPORT state funding for county and regional special needs patients and shelters. Background Checks for Emergency Volunteers: SUPPORT a legislative review of the intent of background screening requirements of Chapter 2010-14, Laws of Florida with respect to volunteers in emergencies. Emergency Operation Centers (EOCs): SUPPORT continued state funding for county EOCs to ensure each is able to meet the minimum structural survivability and operational space criteria established by the state and federal government and the American Red Cross. Disaster Funding: SUPPORT a 50/50 cost-share arrangement with the state for the non-federal portion of the Hazard Mitigation Grant Program (HMGP). SUPPORT the creation of an emergency bridge loan program for counties to provide a source of expedient cash flow to counties impacted by a major catastrophe. 23 F FLORIDA AI �?"s 2015-16 Interim Legislative Program Emergency Management Credentialing: To strengthen the professionalism of County Emergency Management Directors, SUPPORT efforts that provide enhanced training and education opportunities for County Emergency Management employees. OPPOSE any state mandated training and hiring requirements for County Emergency Management Directors. Federal Interim Policy Lisa M. Hurley, Esq., Legislative Director (hurley @fl-counties.com Statements Phone: 850-922-4300 Fax: 850-488-7501 Eric Poole,Assistant Legislative Director Email: epoole @fl-counties.com Phone: 850-922-4300 Fax: 850-488-7501 WATER Waters of the United States (WOTUS): SUPPORT legislation that clarifies that local streets, gutters, and other stormwater infrastructure are excluded from the definition of"Waters of the U.S.,"while also requiring federal agencies to consult with state and local officials to identify which waters should be federally regulated and which should be left to the states. TRANSPORTATION &INFRASTRUCTURE MAP-21 Reauthorization: SUPPORT passage of a multi-year surface transportation authorization bill that provides long-term funding certainty, restores solvency to the Highway Trust Fund, and distributes to high growth states like Florida at least 95% of all highway funds by formula. NATIONAL FLOOD INSURANCE PROGRAM National Flood Insurance Program (NFIP) Reform: FAC SUPPORTS legislative efforts, policies and programs that ensure all property owners can receive affordable flood insurance within a program framework that helps the NFIP become financially stable. FEMA Mapping Procedures: As FEMA amends flood hazard maps for Florida's counties, SUPPORT the agency's full coordination with local governments and technical experts to ensure technical and scientific accuracy of any final maps, which have the potential for negative economic impacts. 24 FLORIDA `pboti "s 2015-16 Interim Legislative Program DISASTER RECOVERY Federal Disaster Assistance: SUPPORT legislation that prohibits the Federal Emergency Management Agency (FEMA) from deobligating from counties previously- awarded disaster funds for projects that have been certified complete by the state for at least three years. ENERGY, ENVIRONMENT &AGRICULTURE Waters of the United States (WOTUS): Monitor and report on the impacts of the implementation of the WOTUS rule on counties. Oil Pollution Act of 1990 (OPA): SUPPORT revisions to OPA to provide for greater participation from local governments as primary first responders in the protection of local communities. Offshore Energy Production: Monitor and report on the potential for expansion of offshore energy exploration in Florida's federal waters. Numeric Nutrient Criteria: Monitor and report on activities associated with proposed numeric water quality criteria for lakes, flowing waters and canals. TAX REFORM Tax-Exempt Status of Municipal Bonds: SUPPORT the preservation of the existing tax-exempt status of municipal bonds. Oppose legislative provisions that would repeal or eliminate the tax exempt status of municipal bonds. Oppose legislative provisions that would repeal, limit or"cap"the deduction for interest earned on new and outstanding municipal bonds. Marketplace Fairness Act: Monitor and report on the status of legislative provisions for the collection of sales and use taxes from remote sellers and the effect on a state's ability to enforce state and local sales and use tax laws. 25 F111'� fzoua):� Alw�tbriJ. 2015-16 Interim Legislative Program A0 ENTITLEMENTS AND APPROPRIATIONS Block Grants: Monitor and report on the status of funding for the Social Services Block Grant, the Community Services Block Grant as well as the program's formula grant structure. Oppose any efforts to eliminate or reduce block grant funding. Immigration: Monitor and report on the status of federal reimbursement to counties for all costs related to detaining, and transporting undocumented immigrants. Monitor and report on the reauthorization of the State Criminal Alien Assistance Program (SCAAP), to reimburse state and local costs of incarcerating undocumented criminal aliens. HEALTHCARE &HUMAN SERVICES Health Care: Monitor and report on implications of health care reforms for potential fiscal and health delivery impacts. Monitor and report on implementation of the Patient Protection and Affordable Care Act and changes to Medicaid that would further shift the financial burden to states and counties. Veterans Health: SUPPORT NACo's efforts to assure that: • U.S. Department of Veterans Affairs (VA) funds are made available to reimburse counties for the services provided to veterans eligible for VA services and for services provided to veterans awaiting determination of eligibility. • VA funds are made available to reimburse services provided to veterans eligible for VA services by public and private providers under contract with the VA. • U.S. Department of Defense (DOD) funds are made available to reimburse counties for the services provided to veterans eligible for DOD services. • Appropriate county level data are available so that counties know how many veterans are returning to their local areas. 26