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Agenda 04/23/2013 Item #16F64/23/2013 16.F.6. EXECUTIVE SUMMARY Recommendation to accept the Florida Association of Counties April 4, 2013 Legislative Day Summary Report OBJECTIVE: To review the summary of the participation of Board of County Commissioners Chairwoman Georgia Hiller and Commissioner Donna Fiala in the Florida Association of Counties (FAC) Legislative Day held April 4, 2013 in Tallahassee. (Summary attached) CONSIDERATION: In addition to receiving a briefing from FAC legislative staff on the status of legislation of interest midway through the 2013 Legislative Session, Commissioners met with members of the Collier County Legislative Delegation during lunch and other scheduled state officials in the afternoon. FISCAL IMPACT: There is no fiscal impact associated with this executive summary. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this executive summary. LEGAL CONSIDERATIONS: There are no legal issues associated with this executive summary. RECOMMENDATION: That the Board of County Commissioners accept the attached FAC 2013 Legislative Day summary report. Prepared by Debbie Wight, Legislative Affairs Coordinator 1 Packet Page -1573- 4/23/2013 16.F.6. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.F.16.F.6. Item Summary: Recommendation to accept the Florida Association of Counties April 4, 2013 Legislative Day Summary Report Meeting Date: 4/23/2013 Prepared By Name: CurranJanet Title: Supervisor - Operations,Communication & Customer R 4/17/2013 12:26:39 PM Submitted by Title: Legislative Affairs Coordinator, Name: WightDebbie 4/17/2013 12:26:41 PM Approved By Name: SheffieldMichael Title: Manager- Business Operations, CMO Date: 4/17/2013 1:27:12 PM Name: SheffieldMichael Title: Manager- Business Operations, CMO Date: 4/17/2013 1:34:50 PM Packet Page -1574- 4/23/2013 16.F.6. Coii%r County Florida Association of Counties Legislative Day Summary April 4, 2013 Legislative Day was held April 4 at the FSU Turnbull Center with the legislative briefing beginning with House Speaker Pro Tempore Marti Coley giving an update on the legislative priorities of House leadership. Following that there was a state agency panel that included state Surgeon General Dr. John Armstrong, Agency for Health Care Administration (AHCA) Secretary Elizabeth Dudek, Department of Children and Families (DCF) Secretary David Wilkens and Department of Juvenile Justice (DJJ) Deputy Secretary Christy Daly. The panel presented agency priorities and answered questions on state and county relationships. "Health starts with good jobs," said Dr. Armstrong. "The 41 health threat in Florida is weight." The FAC legislative briefing included a myriad of topics, including Medicaid (increasing to $270 million from $250 M in 2012), Juvenile Detention ($74 M cost to counties), Communications Services, Florida Retirement System, E911, Internet Sales Tax, Business Taxes, Internet Cafes (Gov. has signed law prohibiting them), AgriTourism, Growth Management, Concurrency, Impact Fees, Fertilizer, Environmental Permitting, Pain Management Clinics, etc. (See FAC's 2013 Legislative Priorities and update attached) Following the morning briefing, Collier Commissioners and staff had the opportunity to meet during lunch with four members of the Collier County Legislative Delegation: Senate Pro Tempore Garrett Richter, Rep. Matt Hudson, Rep. Kathleen Passidomo, and Rep. Carlos Trujillo. The four each had the chance to provide their perspectives and updates on what was the midway point of the 2013 Legislative Session. The Collier contingent split up and went to separate meetings after the Collier Delegation went back to Senate and House meetings on their respective floors at the Capitol. Collier Commission Chairwoman Hiller prioritized Ethics along with Senate President Don Gaetz. She spent the afternoon on this issue, meeting with Sen. Jack Latvala and members of Gov. Rick Scott's staff. Commissioner Donna Fiala met first with Transportation Disadvantaged (TD) Director Steve Holmes and was informed of $940,000 in funds available for Fiscal Year 2013 -14 compared to $755,000 in the current year in TD, non- Medicaid funding, or a $185,000 increase if budget passes as written today. Also proposed for FY 13 -14 is $868,000 for Medicaid TD funding. Commissioner Fiala had an appointment with Lisa Bacot, executive director, Florida Public Transportation Association, about bus bench language to alleviate concerns for Collier County Transit, which would specifically exempt counties and transit agencies from the provisions of indemnifying the state for incorrectly placed bus benches and shelters. It will be amended to SB 1132 or another bill if that bill doesn't move. It gets a little tricky because we don't want SB 1132 to pass if it retains the fire station funding deletion. Packet Page -1575- 4/23/2013 165.6. Since meeting in Tallahassee, Lisa has emailed Commissioner Fiala: "We have come across some issues with this s4bject. Several different groups of contractors who make these benches have been going back and forth and can't ne to agreement on changes to current law. Unfortunately, this means that our exemption language is potentially in some jeopardy. We are working with several counties and the League of Cities to try to come up with a more simple amendment that just assists public transportation providers, like Collier Area Transit, with an exemption from current law." Lisa also spoke about SB 158, the bill requiring buses to pull off the road when reasonable to load and unload passengers. The bill for all purposes is dead, but our lobbyist is continuing to monitor as it would cause major problems for counties to implement. Recently Lisa also emailed: The Public Transit Development/Grants line item in the FY 2013 -14 Appropriations Bills proposed by both the Senate and the House are currently $40.5 million more than the year before. Last year, this line item was funded at $206,688,731; this year, both have $247,206,238 for this line item. However, $20 million of that funding is slated for Space Transportation with the remaining dollars available for FDOT to spend. There is not a publicly released method for the allocation to the Public Transit Block Grant, however, MOT usually allows for an increase each year, so I would assume Collier County will get some type of increase. Collier County receives approximately $888,000 for the current fiscal year through Block Grant funding from FDOT. FAC Assistant Legislative Director Eric Poole addressed Transportation and Impact Fees (HB 321 /SB 1716) and Public/Private Partnerships (SB 84/HB 85). It sounded like Eric thought the impact fee bill had been amended enough in the counties' favor to only oppose passively. The bill has many drafting errors, but is positioned to make it to the floor on both sides. cR 84/HB 85 establishes in law a process for local governments to contract with private entities for road construction general construction/design projects. Apparently, it's in response to a clerk's objections to paying for such projects in Nassau County because it's not in statute. Counties and cities are on opposite sides of this issue currently. Packet Page -1576- Florida's Counties Matter 67 counties representing more than 19 million people 0 91—e —ems Counties... • Maintain an effective justice system • Construct, maintain and protect the facilities for civil and criminal court. • Develop and maintain roads • Manage solid waste • Implement watershed planning and flood control • Ensure adequate water supply • Maintain safe and secure communities • Fund sheriffs, their deputies and their duties Implement juvenile justice detention and Prevention programming • Implement workforce development and affordable housing • Fund community health services • Support Veterans services • Support economic and community development • Invest in tourism development • Fund public libraries • Conduct elections • Protect Florida's natural resources • Support livable communities County Budget Perspective Counties have reduced spending by more than $3 billion since 2007, putting funding below 2005 levels. County Population information: • 7 urban counties representing 9.9 million people • 29 medium -sized counties representing 8.2 million people • 29 fiscally- constrained counties representing 1 million people • 35 coastal counties with 1,260 miles of shoreline • Largest county: Miami Dade with 2.5 million people • Smallest county: Liberty County with 8,314 residents 11/ ^ #^ ^I A I A r A Medicaid Billing Bills: SB 1244 (Sen. Soto), HB 1117 (Rep. Wood), and the Appropriations Act FAC SUPPORTS replacing the flawed state - county Medicaid billing relationship with options for counties to review and pay accurate bills or cost -share in Medicaid through a statutorily - established and discounted annual contribution. Annual Cost to Counties: up to $270M Juvenile Detention Bill: Appropriations Act FAC SUPPORTS maintaining juvenile justice as the responsibility of the state, establishing a more collaborative and equitable detention model and implementing juvenile justice reform. Annual Cost to Counties: up to $74M Communications services ?'ax Bills: HB 303 (Rep. Grant), SB 1422 (Sen. Richter), HB 435 (Rep. Davis), SB 290 (Sen. Galvano) FAC SUPPORTS revising current law to simplify administration and stabilize the CST as an important local revenue source, and in a manner that is revenue neutral. Annual Revenue for Counties: up to $300M Florida Retiiremont system Bills: HB 7011 (Rep. Brodeur), SB 1392 (Sen. Simpson) FAC SUPPORTS increased diversity of retirement plan options for employees, and opposes any FRS benefit changes that result in an increase in the FRS county and county employee contribution rates. Counties constitute almost 23% of FRS System ` membership contributing more than $713 in payroll* _ Packet Page -1577- Local Decision- Making Matters Communities and their local leaders are best positioned to make decisions that impact their community. Allowing Counties to Keep it Smoke Free Sills: HB 439 (Rep. Hagar), SB 258 (Sen. Bradley) FAC SUPPORTS enhancements to the Florida Clean Indoor Air Act, allowing local governments to make determinations to keep county outdoor property smoke free through local ordinance. Providing for Higher Standards of Living HB 1125 (Rep. Goodson), SB 1216 (Sen. Bradley), HB 655 (Rep. Precourt) FAC OPPOSES any attempts to preempt county authority to require higher wages and benefits for their citizens. Keeping Communities Safe SB 294 (Sen. Bradley), HB 619 (Rep. Ingram) FAC SUPPORTS expanding the controlled substance schedule to include new iterations of synthetic formulas that mimic the effects of illegal drugs. HB 4011 (Rep. Campbell), HB 1061 (Rep. Artiles). SB 1342 (Sen. Abruzzo) FAC OPPOSES preemption of local decision - making on the use of red light cameras. SB 1192 (Sen. Grimsiey), HB 831 (Rep. Fasano) FAC OPPOSES preemption of local regulation of pain management clinics. Protecting Florida's Waters FAC OPPOSES the preemption of county authority to regulate the use and application of fertilizer, and supports allowing counties to develop regional approaches to protect and improve water quality in recognition of regional geology and hydrology. Protecting Local Agricultural Heritage Florida's agricultural producers provide tremendous benefits to Florida's citizens and, as such, receive wide support from local communities. HB 203 (Rep. Beshears), SB 1190 (Sen. Brandies) While FAC OPPOSES efforts to preempt local regulation of agriculturally designated lands, FAC SUPPORTS legislation that curbs the abuse of agricultural protections by developers and speculators. SB 1106 (Sen. Hays), HB 927 (Rep. Raschein) FAC SUPPORTS agritourism activities that are related to any produce, merchandise or services that are sold, produced or manufactured on the farm: FAC SUPPORTS agritourism on land classified as agricultural land so long as the activities comply with local land use and environmental regulations. 4/23/2013 161.6. Local Revenues Matter Maintaining local revenues ensures uninterrupted delivery of important pubic health, welfare, safety and community services. Protect County Health Departments Bill: Appropriations Act FAC SUPPORTS maintaining state general revenue for CHDs and enabling CHDs to transition to managed care, and opposes any state reductions to County Health Department Trust Funds. Fiscal Impact to Local Governments: $140M in SFY 2013, but consistently cut in recent years Close Unintended Tau Exemption Loopholes Bills: SB 928 & SB 740 (Sen. Simpson), HB 921 (Rep. Renaurt) FAC SUPPORTS closing the affordable housing tax exemption loophole that allows for - profit affordable housing developers to transfer ownership to a non- profit entity for the purpose of receiving an exemption from ad valorem taxes. Negative Fiscal Impact to Local Governments: up to $140M recurring Assess the 911 Fee on Prepaid Communications Bills: HB 807 (Rep_ Steube), SB 1070 (Sen. Hays) FAC SUPPORTS collection of E -911 fees on prepaid mobile telecommunications for use in support of local government emergency communications operations. Passage of the bill will reverse the continuous revenue decline due to the growth of prepaid retail sales. Negative Fiscal Impact to Local Governments: $13.6M from 2011 to 2012 Commercial Rentals Bills: HB 629 (Rep. O'Toole), SB 656 (Sen. Hukill) FAC OPPOSES the phase out of sales and use tax on commercial rentals. Negative Fiscal Impact to Local Governments: $385M annually Ensuring "Main Street„ Fairness HB 505 (Rep. Rehwinkel -Vasa] i nda), SB 88 (Sen. Margolis), SB 316 (Sen. Detert), HB 497 (Rep. Moskowitz), HB 7097 (Rep. Workman) FAC SUPPORTS legislation that promotes an equitable competitive environment between "brick and mortar" businesses and remote business establishments conducting business in Florida. Fiscal impact to Local Governments: Revenue Neutral Maintaining Local Revenues HB 7109 (Rep. Workman) FAC SUPPORTS the authorization of local governments to modify local ordinances in a manner that results in a more simplified, efficient and equitable tax system that benefits business and local communities. FAC opposes the elimination of the Local Business Tax. , Fiscal Impact to Local Governments: Revenue Neutral Packet Page -1578-