Agenda 10/23/2012 Item #11A 10/23/2012 Item 11 .A.
EXECUTIVE SUMMARY
Recommendation to review and approve the proposed Collier County 2013 State
Legislative Priorities
OBJECTIVE: To review and approve the proposed list of Collier County 2013 State Legislative
Priorities. These Board-approved priorities will be presented by a member of the County
Commission at the Collier County Legislative Delegation Public Hearing on Wednesday,
November 14, 2012 beginning at 2 p.m. in the Board of County Commissioners chambers.
CONSIDERATION: Each year prior to the start of the 60-day state legislative session the
following March, staff prepares a draft list of legislative priorities for Board consideration. This
year's proposed list is a compilation of the previous year's priorities that have continuing
relevancy, and additional issues that have emerged throughout the year.
A section following the main priorities recommends monitoring and assessing the impacts of
passed bills as well as failed legislation expected to return. Included also are several issues
Commissioners may want to consider that the Florida Association of Counties (FAC) highlighted
at their Policy Committee Conference in September 2012 and members will vote on at the FAC
Legislative Conference in November. They are candidates for inclusion in the FAC 2013
Legislative Program.
The proposed Collier County 2013 State Legislative Priorities are listed below. Please see
attached detail.
Collier County 2013 State Lezislative Priorities
The Board of County Commissioners on behalf of the citizens advocates for the overall
principles of preserving the Home Rule authority of local governments; opposing state
Preemption; opposing Unfunded Mandates; and protecting against diverting Trust
Funds.
A. Public Safety Center on Alligator Alley—Oppose changes to the existing statute that provides
both construction and operational funding for the proposed Public Safety Center being
constructed by the Florida Department of Transportation (FDOT) at Mile Marker 63.
B. Beach Funding & Maintenance— Advocate for increased funding for beach renourishment and
maintenance.
C. Offshore Drilling in Gulf of Mexico—Support permanently prohibiting offshore oil and gas
drilling in Florida territorial waters within nine (9) miles of the coast.
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D. Revenue& Expenditure Caps (TABOR)—Oppose legislative or Constitutional restrictions on
county authority to determine local tax burden or local financial commitments to services and
quality of life.
E. Impact Fees—Support home rule authority over administration of Collier County's existing
impact fee program.
F. Libraries—Support State Aid to Libraries and cooperatives like the Southwest Florida Library
Network(SWFLN).
G. Everglades Boulevard/Interstate 75 Interchange— Support this critical public safety need for
evacuations in emergencies, including wildfires and hurricanes.
H. Transportation Disadvantaged Program— Support continued restoration of funding by the
Florida Legislature of the Transportation Disadvantaged (TD)program. The number of TD trip
requests in Collier continues to increase.
Enacted Legislation &Issues to Monitor:
• Transportation — Oppose diverting the Transportation Trust Fund to non-transportation
projects; $200 million was transferred in 2012 from the Transportation Trust Fund into
general state spending; oppose regionalization of Metropolitan Planning Organizations
(MPO's).
• Growth Management — Monitor any new Growth Management legislation, including
Permitting Transportation Concurrency, Proportionate Share.
• Property Insurance — Senate Bill 408 passed in 2011, made numerous changes to
property insurance that intended on lowering the regulations for insurance companies,
stimulating competition, and attracting more insurers back to Florida.
• Non-Judicial Foreclosures — Continue to oppose any foreclosure legislation that
threatens residents'due process and property owner rights.
• Pretrial Detention &Release Programs— Continue to oppose legislation altering pretrial
programs; increased jail populations result; bills are supported by growing bail bond
industry and expected to return. The Collier Sheriff's Office and Court Administration
are also opposed to the proposed bills.
• Regional Planning Councils—Monitor the funding of RPC's statewide.
New Issues for Consideration:
• Synthetic Drugs — Support, like FAC, expanding the controlled substance schedule to
include new versions of synthetic formulas that copy the effects of illegal drugs. Support
prohibiting certain types of packaging and marketing of any products claiming to mimic
the effects of illegal drugs. Known as synthetic marijuana, spice, bath salts, and a myriad
of other names, these substances are being sold at local service stations and convenience
stores, can be highly addictive, unpredictable, and attractive to youth and young adults.
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10/23/2012 Item 11.A.
• Procurement—Support, as FAC does, legislation amending the Consultants Competitive
Negotiation Act (CCNA) to establish an optional (alternative) process for state and local
entities to consider cost in the award of professional services agreements.
• No Kill Animal Shelters — Oppose, like FAC, mandating No Kill Animal Shelters
statewide. According to FAC, a No Kill Shelter movement is moving across Florida
county by county. Some counties have enacted ordinances with restrictions on the
euthanization of animals.
• Pensions — As FAC's policy statement reads: Oppose any Florida Retirement System
(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 governments and the state to be eligible for
consideration.
• Medicaid — Like FAC, encourage the state to overhaul the system and pursue an
equitable method of collection of payments owed from counties on behalf of residents
and patients. Addressing and cleansing of data must assure billing invoices disbursed are
accurate and reflect true services rendered.
FISCAL IMPACT: There is no immediate fiscal impact associated with this executive
summary.
GROWTH MANAGEMENT IMPACT: There is no immediate growth management impact
associated with this executive summary.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, and is a
pure policy decision for the Board; no legal issues are raised. This item requires majority vote
for approval. JAK
RECOMMENDATION: That the Board of County Commissioners reviews and approves the
proposed Collier County 2013 State Legislative Priorities.
Prepared by Debbie Wight, Legislative Affairs Coordinator
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10/23/2012 Item 11 .A.
COLLIER COUNTY
Board of County Commissioners
Item Number: 11.A.
Item Summary: Recommendation to review and approve the proposed Collier County
2013 State Legislative Priorities. (Debbie Wight, Legislative Affairs Coordinator)
Meeting Date: 10/23/2012
Prepared By
Name: CurranJanet
Title: Supervisor-Operations,Communication&Customer R
10/15/2012 2:06:46 PM
Submitted by
Title: Legislative Affairs Coordinator,
Name: WightDebbie
10/15/2012 2:06:47 PM
Approved By
Name: OchsLeo
Title: County Manager
Date: 10/15/2012 5:21:47 PM
Name: SheffieldMichael
Title: Manager-Business Operations, CMO
Date: 10/16/2012 9:23:45 AM
Name: OchsLeo
Title: County Manager
Date: 10/16/2012 9:53:44 AM
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10/23/2012 Item 11.A.
Ilk
Collier County 2013 State Legislative Priorities PROPOSED
The Board of County Commissioners 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.
A. Public Safety Center on Alligator Alley—Oppose changes to the existing statute
that provides both construction and operational funding for the proposed Public
Safety Center being constructed by the Florida Department of Transportation
(FDOT) at Mile Marker 63.
B. Beach Funding & Maintenance — Advocate for increased funding for beach
renourishment and maintenance for coastal counties; beaches continue to be the
State of Florida's economic engine and tourism industry driver, attracting visitors
and creating jobs. In the FY 2012-2013 FDEP Beach Management budget, $14.8
million was "allocated to the seven (7) highest prioritized projects."
C. Offshore Drilling in Gulf of Mexico— 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. Support state demands
that the federal government exert rigorous oversight of any current and future
drilling outside state waters and insist no monetary limitations for any drilling
mishap are set.
D. Revenue& Expenditure Caps (TABOR)—Oppose legislative or Constitutional
restrictions on county authority to determine local tax burden or local financial
commitments to services and quality of life. Specifically, oppose state legislation
mandating local governments cap revenue and expenditures.
E. Impact Fees —Support home rule authority over administration of Collier
County's existing impact fee program. In 2012, no significant stand-alone
Ask
legislation passed regarding impact fees. In 2011, SB 410 passed as a response to
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litigation regarding HB 227 of 2009. The bill reenacts the section of law that
created the preponderance of evidence standard of review for local governments
in cases challenging the imposition or amount of an impact fee.
F. Libraries—Support State Aid to Libraries and cooperatives like the Southwest
Florida Library Network(SWFLN). Full funding for Library multi-type
cooperatives is about$1.5 million. That amount was passed by both Senate and
House in FY 2012,but vetoed by the Governor. The funding is used to provide a
variety of services that support library services to all types of libraries in Florida.
The Collier local coop `SWFLN' provides staff training, support for delivery of
library materials for Inter-Library Loan, etc.
G. Everglades Boulevard/Interstate 75 Interchange— Support this critical public
safety need for evacuations in emergencies, including wildfires and hurricanes An
interchange at Everglades Boulevard will provide increased mobility and local
access to I-75 thereby reducing vehicle miles traveled, vehicle hours traveled, fuel
consumption and a corresponding reduction in greenhouse gas emissions.
Collier County Growth Management staff met with Florida Depai ltnent of
Transportation(FDOT) staff Oct. 1 to review the county's responses to FDOT
comments on the Interchange Justification Report(IJR). Staff also reviewed
potential direction for the upcoming Interchange Review Staff(IRS) meeting
scheduled for Oct. 29 when county staff will make an informal presentation to the
FDOT and Federal Highway Administration(FHWA) re an interchange at either
Everglades Boulevard or Desoto Boulevard. The state has not yet finalized the
Cumulative Effects Evaluation(CEE) study.
H. Transportation Disadvantaged Program— Support continued restoration of
funding by the Florida Legislature of the Transportation Disadvantaged (TD)
program and assure that the additional $10 million committed in 2012 (SB 1998)
for funding in FY 2013-14 is secure. The county is no longer the provider of
Medicaid non-emergency transportation services, but continues to serve as the
Community Transportation Coordinator(CTC) for all other TD services. In the
2012 Legislative Session,the Legislature provided an additional $5 million for
TD services statewide. In 2012, Collier County received: Trip and Equipment
Grant $679,971, FTA Grant $254,781, and local funding $2,528,100. The total
2012 budget: $3,462,852
Enacted Legislation & Issues to Monitor:
• Transportation — Oppose diverting the Transportation Trust Fund to non-
transportation projects; $200 million was transferred in 2012 from the
Transportation Trust Fund into general state spending; oppose regionalization of
Metropolitan Planning Organizations (MPO's).
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10/23/2012 Item 11.A.
• Growth Management — Monitor any new Growth Management legislation, aftik
including Permitting, Transportation Concurrency, Proportionate Share.
• Property Insurance—Senate Bill 408 passed in 2011, made numerous changes to
property insurance that intended on lowering the regulations for insurance
companies, stimulating competition, and attracting more insurers back to Florida.
• Non-Judicial Foreclosures— Continue to oppose any foreclosure legislation that
threatens residents'due process and property owner rights.
• Pretrial Detention & Release Programs— Continue to oppose legislation altering
pretrial programs; increased jail populations result; bills are supported by
growing bail bond industry and expected to return. The Collier Sheriff's Office
and Court Administration are also opposed to the proposed bills.
• Regional Planning Councils—Monitor the funding of RPC's statewide.
New Issues for Consideration:
• Synthetic Drugs — Support, like FAC, expanding the controlled substance
schedule to include new versions of synthetic formulas that copy the effects of
illegal drugs. Support prohibiting certain types of packaging and marketing of any
products claiming to mimic the effects of illegal drugs. Known as synthetic
marijuana, spice, bath salts, and a myriad of other names, these substances are
being sold at local service stations and convenience stores, can be highly
addictive, unpredictable, and attractive to youth and young adults. Marketed with
packaging and affordable price aimed at youth. Effects vary as mixtures are
inconsistent.
The most recent bill, House Bill 1175 of 2012, lists 142 synthetic stimulants
currently on the controlled substance schedule. The Collier County Sheriff's
Office and Drug Free Collier held a joint session in August 2012 to educate the
community and provide information.
• Procurement — Support, as FAC does, legislation amending the Consultants
Competitive Negotiation Act (CCNA) to establish an optional (alternative)
process for state and local entities to consider cost in the award of professional
services agreements. Bills were filed last session, Senate Bill 246 and House Bill
155, seeking to amend the CCNA statute to include a "Best Value" option when
competitively bidding professional services while also maintaining the current
CCNA option for agencies to utilize at their own discretion.
• No Kill Animal Shelters — Oppose, like FAC, mandating No Kill Animal
Shelters statewide. According to FAC, a No Kill Shelter movement is moving
across Florida county by county. Some counties have enacted ordinances with
restrictions on the euthanization of animals. Last year legislation was filed
seeking to prohibit any animal control agency or animal shelter from euthanizing
an animal until the animal control agency or animal shelter notified, attempted to
Ask
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notify, all rescue groups or persons on the euthanization registry, which have
indicated a willingness to take that type of animal.
• Pensions — As FAC's policy statement reads: Oppose any Florida Retirement
System (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
governments and the state to be eligible for consideration.
• Medicaid—Encourage the state to overhaul the system and pursue an equitable
method of collecting payments owed from counties on behalf of residents and
patients. Addressing and cleansing of data must assure billing invoices disbursed
are accurate.
4
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