Agenda 07/26/2011 Item #10C7/26/2011 Item 10.C.
EXECUTIVE SUMMARY
Recommendation to review and approve the proposed Collier County 2012 State
Legislative Priorities
OBJECTIVE: To review and approve the proposed list of Collier County 2012 State
Legislative Priorities which will then be presented by a member of the County Commission at
the Collier County Legislative Delegation Public Hearing on Thursday. August, 18, 2011
beginning at 2 p.m. in the Naples City Council chamber at Naples City Hall, 735 8th Street
South.
CONSIDERATION: Each year prior to the start of the state legislative session, 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 2011 passed bills as well as
failed legislation expected to return in 2012.
Collier County's state lobbying firm. J. Keith Arnold & Associates, and the Florida
Association of Counties (FAC) consistently prove to be invaluable resources to staff and the
Board, consulting and advising on a variety of legislative strategies and addressing policy
issues. Partnering with them in Tallahassee has assisted the Board and staff advocate interests
and achieve results on behalf of citizens.
The proposed Collier County 2012 State Legislative Priorities include:
Collier Counts, 2012 State Legislative Priorities
The Board of County Commissioners on behalf of the citizens advocates for the
overall principles ofpreserving the Home Rule authority of local governments:
opposing state Preemption: opposing Unfunded Mandates; and protecting against
Trust Fund Diversions.
Economic Development— Maximize opportunities and provide incentives for new
businesses to move to Collier County and for local businesses to expand; emphasize job
creation and growth.
Illegal Immigration — Support initiatives at the state level — such as expanding the
Governor's Executive Order 11-02 of January 4. 2011 which requires all state agencies under
his direction to use U.S. Department of Homeland Security's E- Verify system for
employment verification. Advocating also for the 287(g) criminal alien identification
program would aid in reducing the number of illegal immigrants living and working in the
State of Florida.
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. Specificalh, oppose state legislation mandating local governments cap
revenue and expenditures.
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Impact Fees — Support home rule authority over administration of Collier County's existing
impact fee program. In 2011, SB 410 passed, as a response to litigation regarding HB 227,
which passed in 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.
Offshore Drilling in Gulf of Mexico — Support permanently prohibiting offshore oil and gas
drilling within Florida territorial waters. Support state demands that the federal government
exert rigorous oversight of any current and future drilling and insist no monetary limitations
for any drilling mishap are set.
Libraries — Support State Aid to Libraries and cooperatives like the Southwest Florida
Library Network.
Everglades Boulevard /Interstate 75 Interchange — Support this critical public safety need
for evacuations in emergencies, including wildfires and hurricanes, which is also Collier
County's top federal project.
Septic Tanks — Repeal provisions in Senate Bill 550 of 2010 mandating septic tank
inspections or repeal SB 550 in entirety.
Transportation Disadvantaged Program — The Florida Legislature cut Medicaid funding
for Transportation Disadvantaged in the 2011 Legislative Session. Support restoring funding
to previous levels; Collier program has been cut about 4.8 percent, representing an average of .
$1,700 a month from July 2011 to June 2012. The number of trip requests is increasing.
Private hunting camps in preserves— Waive requirements or adapt provisions in the
Florida Building Code to address permitting of hunting camps in preserve areas.
Enacted Legislation & Issues to Monitor:
• OehopeelEMS & Fire Station on I -75 — Continue moving forward execution of the
construction and operation of the Fire /EMS facility at Mile Marker 63 with Alligator
Allev, excess toll revenues as mandated by the Florida Legislature in Senate Bill 2152
in the 2011 Legislative Session, that was then approved by Governor Scott on Mm,
26, 2011.
• Transportation — Oppose diverting the Transportation Trust Fund to non -
transportation projects: $150 million was transferred in 2011 from the
Transportation Trust Fund into general state spending: oppose regionalization of
Metropolitan Planning Organizations (MPO'sl.
• Growth Management — Monitor efects of House Bill -207 /Growth Management/
passed in 2011, including Permitting. Transportation Concurrence.
• Numeric Nutrient Criteria -- Oppose one -size -fits -all mandates imposed on states by
the federal EPA: Support state DEP regulations to be developed based on sound
science to address the variety of water bodies and sources in Florida's coastal and
non - coastal counties.
• Consultants Competitive Negotiation Act (CCNA) — CCNA legislative reform allows
agencies the discretion to continue lo procure architectural or engineering services
based strielty upon qualifications, or as an alternative to select firms on a "best
value " which is taking into consideration both price and qualifications. Sen. Bennett
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7/26/2011 Item 10.C.
Fled a procurement bill, but it failed in 2011. Legislation is expected to be filed again
in 2012.
• Property Insurance — SB 408, sponsored by Sen. Richter, passed in the 2011
Legislative Session, making numerous changes to property insurance, that intend on
lowering the regulations for insurance companies, stimulating competition,
attracting more insurers back to Florida, creating a more predictable property
insurance market by addressing cost drivers like sinkhole claims and making
adjustments to claimsfilingperiods.
• Non - Judicial Foreclosures -- Continue to oppose any foreclosure legislation that
threatens residents' dueprocess 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 Sherijf:r Office and Court
Administration are also opposed to the proposed bills.
• Regional Planning Councils — Support restoring the, funding of RPC's statewide.
FISCAL IMPACT: There is no immediate fiscal impact associated with this executive
summan .
GROWTH MANAGEMENT IMPACT: There is no immediate growth management
impact associated with this executive summary.
LEGAL CONSIDERATIONS: This item is a pure policy decision for the Board; no legal
issues are raised. This item requires majority vote for approval. -JAR
RECOMMENDATION: That the Board of County Commissioners reviews and approves
the proposed Collier County 2012 State Legislative Priorities.
Prepared by Debbie Wight, Legislative Affairs Coordinator
3
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7/26/2011 Item 10.C.
COLLIER COUNTY
Board of County Commissioners
Item Number: 10.C.
Item Summary: Recommendation to review and approve the proposed Collier County
2012 State Legislative Priorities (Debbie Wight, Legislative Affairs Coordinator, Communication
& Customer Relations Department)
Meeting Date: 7/26/2011
Prepared By
Name: CurranJanet
Title: Supervisor - Operations,Communication & Customer Relations
7/13/2011 1:48:30 PM
Submitted by
Title: Leeislative Affairs Coordinator.
Name: WightDebbie
7/13/2011 1:48:31 PM
Approved By
Name: TorreJohn
Title: Director - Commun. & Customer Relations.Commmnication & Customer Relations
Date: 7 /15/2011 3:43:59 PM
Name: MuckelCynthia
Title: Applications Analyst.Information Technology
Date: 7/19'2011 10:1 ^_:39 AM
Name: UsherSusan
Title: Management/Budget Analyst. Senior,Office of Manage
Date: 7/19/2011 11:49:08 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 7/19/2011 2:18:49 PM
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7/26/2011 Item 10.C.
Name: Pricel-en
Title: Administrator - Administrative Services,
Date: 7/19/2011 2:47:14 PM
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7/26/2011 Item 10.C.
Collier Couny, 2011 State Lenislative Priorities
The Board of County Commissioners on behalf of the citizens advocates for the overall principles of
preserving Home Rule authority of local governments,' opposing state directives passed down as
Unfunded Mandates which require local governments to deliver services without provahnt tund� io
cover the cost, and protecting against dedicated Trust Fund Raids.
I. Property Insurance — Insurance is a basic building block of economic development and growth.
Residential and commercial property owners need insurance that is available, reliable, and reasonably
priced: expand risk pool beyond state boundaries emphasize reduction in costs for wind coverage, u
major portion of premium.
The Legislature passed SB 408 Property Insurance this Session, which aims to lower costs for insurance
companies to stimulate competition and to hopefully lower premiums for Floridians. The new measure
makes a number of changes, including reducing the time homeowners have to file claims from hurricanes
and sinkhole damage. Homeowners would have just two years for sinkhole claims and three Year., for
windstorm claims.
The legislation also places limits on sinkhole coverage and it makes changes to how insurers compensate
homeowners for claims, including allowing insurers to require that repairs be made before they fully pay
off a claim for damage to a home. See Page16 for a ful I analysis of SB 408.
II. Illegal Immigration: Support initiatives at the state level — such as E.-Verify employment verification
and the 287(8) criminal alien identification programs — that would reduce the number of illegal
immigrants living and working in the State of Florida.
SB 2040 was hotly debated this Session with hundred of protestors packing the halls of' the Capitol to
oppose the immigration measure. In the end, the Senate passed a watered down bit[, which did not
include the E- verify provision. The House refused to concur and the bill died in the waning hours of
Session.
III. 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.
SJR 958 or `Smart Cap' passed this Session, which proposes a constitutional amendment to limit -,rate
revenue only by population and inflation. The bill does not apply to local revenues as the sponsor took
out local governments upon introduction of the bill.
The joint resolution:
• Replaces the existing state revenue limitation based on Florida personal income growth with a new state
revenue limitation based on changes in population and inflation.
• Requires excess revenues to be deposited into the Budget Stabilization Fund, used to suppon public
education, or returned to the taxpayers.
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• Adds fines and revenues used to pay debt service on bonds issued after July 1. 2012 to the state revenues
subject to the limitation.
• Authorizes the Legislature to increase the revenue limitation by a supermajority vote.
• Authorizes the Legislature to place a proposed increase before the voters, requiring approval by 60
percent of the voters.
The proposed amendment will be submitted to the electors before or at the general election in 2012.
W. Impact Fees — Support home rule authority over administration of Collier County's existing impact
fee program.
SB 410 by Senator Bennett was a response to ongoing litigation. This bill reenacts the section of law
created by Chapter 2009 -49. Laws of Florida (HB 227 passed during 2009 Regular Session) that created
the "preponderance of the evidence" standard of review for the government in cases challenging the
imposition or amount of an impact fee. The bill passed early in Session.
V. Growth Management — Monitor Permitting. Transportation Concurrency Exception Areas (TCEA's).
and Mobility Fees, Preserve Collier County's Real -Time Concurrency Program.
This Year's comprehensive growth management reform. was passed as a conilmming bill tha; way
associated with the budget. HB 72o7 is composed of compromise language between the House and Senate
versions of HB 7i29 and SB 1122 LIB 730? largely removes state government oversight tiom the
comprehensive planning process. Tne bill makes the existing pilot program for expedited revievr of
comprei;cnsnr, plan ainendmcnts applicable statewicie. i'liost comprehensive plan amendments would nov:
ouaiif_ for this expedited review process, which reduces the scope and scale of stare agency r,,,v wkt of
plan amendml It, addition. the hill makes school and transportation concurren,\ opuoncn tar o_u�
governments. The bill substantially reduces the Darden, on cities associated with the pieparauou of
evaluation and appraisal reports. The state is nov I united to comment on areas of state or critical concern.
HB 7207 changes the burden of proof in legal challenges to iocal government comprehensive plan
amendments to the more deferential "fairly debatable" standard. HB 7207 provides a new process for state
agency review of plan amendments that arc not suhleci to the expedited revte�, process. f'hi nro.rs,
retains the requirement for preparation of at, otii-moto. rvcommutdat loll s and comment, ren.r n'. ti;_
state ;and planning agency. but inni[< the scope v' aeeucc Comments to issue�' that sunstannalk nttpact
mpo-writ state resources or facilities. The proveytons of 1113 ?20 were placed on a confonnm_s bill u. the
budeei.
VI. Consultants Competitive Negotiation Act (CCNA) — Support Florida Association of Countie.
(FAC's) initiative for CCNA legislative reform that allows agencies the discretion to continue to procure
architectural or engineering services based strictly upon qualifications, or as an alternative to select firms
on a "best value' which is taking into consideration both price and qualifications.
Senator Bennett filed SB 276 Relating to Procurement and Rep. Costello has filed HB 135 on CCNA. SB
276 was heard and passed in the first committee ol` reference. but with substantial changes, which deleted
the inclusion of cost when procuring services. SB 135 was not heard in the House. �k e worked to have
the issue 'workshopped' or discussed in a House committee, but were unsuccessful as intense lobbvinc
pressure was placed on House members Irom the industry.
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We also worked with the Senate sponsor on a strategy to insert a repealer of the statute late in the process.
Unfortunately. the language never materialized.
SB 276 died in the Senate K -12 Committee.
V11. Offshore Drilling in Gulf of Mexico — Support permanently prohibiting offshore oil and gas drilling
within Florida territorial waters. Support state demands that the federal government exert rigorous
oversight of any current and future drilling and insist no monetary limitations for any drilling mishap are
set.
With the Deepwater Horizon oil spill disaster still fresh in lawmakers memories. no legislation was filed
this Session to open Florida's waters to oil drilling. Former Governor Crist and CFO Alex Sink have
embarked on a campaign to place the ban on oil drilling in the Florida Constitution by ballot referendum.
However, Senate President Haridopolos said the Deepwater Horizon accident is probably a "total
anomaly" that should not stop oil companies from the potential of drilling closer to Florida. Haridopolos
added that, "I am still fully supportive of drilling in the Gulf outside of Florida waters," giving the Issue
another life.
VIII. Revenue Enhancement Dotcorn — Support the tourism industry position on Dotcoms, which is to
have Online Travel Agencies ( OTA's) collect and pay the sales and tourist development Lax due on the
total amount charged the visitor, not the net amount paid the hotel. The lost tourist tax revenue to Collier
County from bookings by OTA's for FY 2010 is $435,000. The state's lost sales tax revenue is 5652,500.
SB 376 and HB 493 have been filed which provide that the state transient rentals tax, local tourist impact
tax, local tourist development taxes, local convention development taxes, and municipal resort tax are
imposed on the amount received by a person operating transient rental accommodations — not on the
payments received by unrelated persons facilitating the booking of reservations of such accommodations.
The bills would allow Online Travel Companies (OTC's) to pay taxes to local governments on the
discounted or wholesale price for transient rooms rather than the retail or advertised price, resulting in
loss revenues to local governments.
We worked with FAC to oppose these bills during Session and were ultimately successful in killing the
Online Travel Agency bills.
IX. Libraries — Support State Aid to Libraries and cooperatives like the Southwest Florida Library
Network.
Because of the nearly $4 billion deficit facing the state for FY 2011-12. $12 million in cuts threaten State
Aid to Libraries once again. However, in the end. the legislature found revenues to fully fund the libraries
at $21 million.
Enacted Le2,istation & Issues to Monitor:
• Transportation — Oppose raiding the Transportation Trust Fund ($160 M attempt in FY 2011. but
Governor Crist vetoed): oppose regionalization o) Metropolitan planning Organizations (IvlpOs
and support the 1- 75IEverglades Boulevard Interchange, a critical public saten, treed for evacuations
and Collier County s top.federal proiect
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The Transportation Trust Fund was raided at 5150 million as legislators sought additional dollars to
plug budget deficits in other areas and to fund new programs such as the Economic Development
Department under the Governor's office.
Non - Judicial Foreclosures — Oppose arrr foreclosure legislation that threatens residents' due process
and property owner rights.
Foreclosure bills threatening due process or access to judicial proceedings were not introduced this
year.
Pretrial Detention & Release Programs — Opposer legislation altering pretrial programs; increased
jail populations resuh; ,550 million impact statewide, hills supported i?l' hail bond lobby and expected
to return.
SB 372 and HB 1379 Relating to Pretrial Proceedings were filed again this year, which limited county
pretrial release programs to the indigent. Individuals deemed non - indigent would be required to use a
bail bondsman to post bail. A battle raged on for most of Session on these bills, ultimately, we
worked with the local delegation, FAC. and the Florida Sherriff -s Association to defeat the bills.
They died in the last days of Session.
Ochopee/EMS & Fire Station on 1 -7S — Continue exploring funding options with FDOT; Critical
Public' safety issue on roadwav connecting the lest and East coasts.
We worked with FDOT District 1 Operations office and planning consultant to move forward with the
Project. We have been preliminarily approved to locate the fire station on the south side of 1-75 at
mile marker 63. After Session began we worked with Collier, Senator Bennett, Representative
Hudson, and Senator Richter to insert language into SB 2152 Transportation allowing toll collections
on Alligator Alley to be directed for the construction and operation of the EMS /Fire station.
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