Loading...
Backup Documents 05/26/2009 Item #10D ih ~/( 100 Board of Collier County Commissioners Donna Fiala District 1 Frank Halas District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 May 26, 2009 The Honorable Charlie Crist Governor of the State of Florida PL 05 The Capitol 400 South Monroe Street Tallahassee, FL 32399-0001 Re: Senate Bill 360 - Relating to Growth Management Dear Governor Crist: On May 8, 2009, the Florida Legislature approved Senate Bill 360, "an act relating to growth management." The Collier County Board of County Commissioners is ofthe opinion that Senate Bill 360 acts to the detriment of 24 years of successful growth management in the State of Florida since the enactment of the Growth Management Act of 1985. Sound growth management is based on the general premise that local governments plan for change and establish regulations and parameters to help positively shape future growth while being fiscally responsible. ~ The State of Florida has been lauded nationwide for its innovative growth management legislation that began in 1985. Florida's growth management legislation has been used as a model for growth management in other states. More specifically, growth management in Florida required concurrency management to insure that capital facilities, services and infrastructure were in place or soon after development occurred. Concurrency management has resulted in preserving the quality of life for existing Florida residents while protecting the health, safety and welfare of Florida's residents, businesses and visitors. Senate Bill 360 states that transportation concurrency management systems in Florida "have not adequately addressed the transportation needs of this state in an effective, predictable and equitable manner." This observation is a misstatement of fact. Transportation concurrency management systems work correctly in Collier County, as well as many other local governments in the State of Florida. Collier County's proactive road building programs, introduction of alternative modes of transportation and the implementation of a financially feasible Capital Improvement Element have been the mechanisms that insure the preservation of the quality of life for residents, businesses and W. Harmon Turner Building. 3301 East Tamiami Trail. Naples, Florida 34112. 239-252-8097' FAX 239-252-3602 lOD tourists. Senate Bill 360 will erode the ability to timely construct capital infrastructure in Collier County. Senate Bill 360 is a "one size fits all" legislative bill that is reactionary to a downturn in economy. The answer is not the future implementation of trip mobility fees in Florida that will degrade the quality of life, and result in widespread capital infrastructure deficiencies with no identified financial revenue to address future transportation deficits. The Florida Legislature should only take "proven" growth management action which will preserve the quality of life in Florida as well as all public health, safety and welfare related matters. Senate Bill 360 is a bad example of public policy and unwise legislation. The bill does not contain remedial measures that benefit the State of Florida as it is a myopic reaction to short-term economic issues that very well could result in long-term economic detriment associated with the degradation of the quality of life in the State of Florida. Therefore, the Collier County Board of County Commissioners respectfully requests that you veto Senate Bill 360 and protect the quality of life for Florida residents and businesses while preserving the state's many attributes which make Florida a primary destination for worldwide tourism. If you have any questions regarding Collier County's position on this legislation, please contact Assistant to the County Manager Debbie Wight at 239.252.8383 or Debbie Wight@colliergov.net. swk D~a Fiala, Chairman Board of County Commissioners donnafiala@colliergov.net C: Board of County Commissioners James V. Mudd, Collier County Manager Leo E. Ochs, Jr., Deputy County Manager Jeffrey A. Klatzkow, County Attorney Chris Holley, Executive Director, Florida Association of Counties Keith Arnold, J. Keith Arnold and Associates 2 Board of Collier County Commissioners 100 Donna Fiala District 1 Fred W. Coyle District 4 Jim Coletta District 5 Frank Halas District 2 Tom Henning District 3 May 26, 2009 The Honorable Charlie Crist Governor of the State of Florida PL 05 The Capitol 400 South Momoe Street Tallahassee, FL 32399-0001 Re: House Bill 227 - Relating to Impact Fees Dear Governor Crist: On behalf of the Collier County Board of County Commissioners, I would like to take this opportunity to express our concerns regarding House Bill 227, Relating to Impact Fees, which was presented for your signature on May 18,2009. You subsequently signed the legislation on May 21 officially in Tallahassee and ceremoniously penned the bill at several stops in Florida, including in the late afternoon in Naples. The Board feels compelled to express its position on House Bill 227 which you have signed into law. Development impact fees have been used throughout the State of Florida for nearly three decades. The oversight of these impact fee programs falls under the home rule authority afforded to jurisdictions statewide. Local governments have successfully relied on constitutional authorities and precedent established by case law in the calculation, establishment and administration of impact fees. Additionally, statutory guidance, by way of the Florida Impact Fee Act, was set forth in 2006. Collier County has administered an impact fee program since 1978 and strongly believes that House Bill 227 will undermine Collier County's ability to effectively provide growth-necessitated capital infrastructure improvements, as statutorily required, for the following reasons: 1. House Bill 227 is unwarranted and unnecessary legislative intervention with respect to impact fees. Twenty-five years plus of case law has been established related to the legal imposition of impact fees. This emolled bill undermines that history as well as local and appropriate home rule authority, and appears to display the intent of the Legislature to exercise additional controls over impact fees in general. W. Harmon Turner Building' 3301 East Tarniarni Trail. Naples, Florida 34112 . 239-252-8097 . FAX 239-252-3602 100 2. Requires the local government to comply with the dual rational nexus test and the Impact Fee Act (Florida Statutes) by a more rigorous test of the "preponderance of the evidence" rather than the current test of "reasonableness." The "preponderance of the evidence" standard will require local governments to show that their approach is "more likely than not" to be correct. While each of Collier County's impact fees is calculated and updated by experts in the field and is reviewed by outside counsel for legal sufficiency, in order to comply with the dual rational nexus test, even these measures do not guarantee that unsubstantiated legal challenges will not be filed at the expense of the local jurisdiction. 3. Removes the ability of the court to defer to local discretion (the local "presumption of correctness") therefore increasing the scrutiny on local governments and narrowing alternatives for calculating and imposing impact fees. 4. This legislation undermines the recommendations of the Florida Impact Fee Review Task Force. The Task Force was created by the Legislature in 2005, by way of Senate Bill 360, in order to survey and review the issues related to impact fees and ultimately publish a report and recommendations to the Governor and the Legislature by February 1, 2006. The Task Force meetings were held in late 2005 and early 2006. With regards to the issue ofthe burden of proof, the Task Force voted 'no' statutory guidance be included on the issue of changing the legal burden of proof for impact fee challenges. Therefore, by way of House Bill 227, the Legislature invalidates the recommendation of the Task Force it empowered to make such policy recommendations related to impact fees. 5. This legislation is likely to encourage dueling legal OpInIOnS based on differing Court interpretations. The consistent and rational case law of the last twenty-five plus years may give way to random, local interpretations, throwing statewide consistency aside. 6. This action is unnecessary as the majority of jurisdictions incorporate an appeal process and alternative fee calculation processed into their adopted regulations. These methods provide a petitioner with the ability to appeal to the local government and ultimately the Courts in the event of an impact fee dispute. 7. House Bill 227 is not limited to new impact fees, therefore the more rigorous standard will now apply to lawful impact fees that either stand as adopted/updated or have successfully withstood challenge. In closing, House Bill 227 is legislation that undermines the Board of County Commissioners' ability to provide for the infrastructure needs and demands generated by growth. Preservation of this ability is essential to ensure the health, safety and welfare of 2 10D Collier County residents. For these reasons and on behalf of our constituents, the Collier County Board of County Commissioners cannot support your signing of House Bill 227. If you have any questions regarding Collier County's position on this legislation, please contact Assistant to the County Manager Debbie Wight at 239.252.8383 or Debbie Wight@colliergov.net. Sincerely, .d.- lb~)Ch~ Board of County Commissioners donnafiala@colliergov.net C: Board of County Commissioners James V. Mudd, Collier County Manager Leo E. Ochs, Jr., Deputy County Manager Jeffrey A. Klatzkow, County Attorney Chris Holley, Executive Director, Florida Association of Counties Keith Arnold, J. Keith Arnold and Associates 3 laD Board of Collier County Commissioners Donna Fiala District 1 Frank Halas District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 May 26, 2009 The Honorable Charlie Crist Governor of the State of Florida PL 05 The Capitol 400 South Monroe Street Tallahassee, FL 32399-0001 Re: Senate Bill 216 - Relating to Campaign Financing/Local Government Expenditures Dear Governor Crist: As Chairman of the Collier County Board of County Commissioners, I would like to take this opportunity on behalf ofthe County Commission, which represents the county's population of 325,000, to address our concerns for Senate Bill 216 - Relating to Campaign FinancingILocal Government Expenditures -- which we believe may seriously jeopardize freedom of speech and threaten our ability as elected officials to provide the best information possible to our citizens. Local governments work for their citizens and communities to provide the programs, facilities and services they need, continually striving to improve their quality of life. Our duty as elected officials is to represent their interests, reflecting their concerns and desires for the community in which they live, work and play. We are not to go against their expressed wishes; rather we move forward together with the voters we serve. Obviously, not all members ofth,e public will agree with the outcomes, but it is the job ofthe elected officials to sort through the myriad of issues confronting different sectors of a community, serve as a sounding board, digest the facts, request additional research if needed, and arrive at a reasonable and fair resolution or decision. It's a public process that welcomes an exchange in the sunshine between Commissioners and citizens. The challenges exist however the results make it worthwhile. Senate Bill 216 prohibits a local government from expending, and a person or group from accepting, public funds for a political advertisement or electioneering communication concerning an issue, referendum, or amendment that is subject to the vote of the electors. This legislation is stifling to local government officials, striking right at the heart of the public process, in our view. As Florida Association of Counties Executive Director Christopher Holley wrote in the Orlando Sentinel: W. Harmon Turner Building. 3301 East Tamiami Trail' Naples, Florida 34112' 239-252-8097 . FAX 239-252-3602 10D "Often, issues come before the voter that will dramatically impact a community. When that vote comes up, who do citizens look to for information to understand the impacts? If a vote will increase emergency-response times in a community from 5 minutes to 15 minutes, wouldn't citizens want to know? We vote on many critical local issues, such as tourist development taxes, property-tax changes and consolidation of local services. The voters should hear from local governments on those issues. "Apparently, the Orlando Sentinel thinks local government might work against its community rather than for its community when it takes a position on an issue that is coming before the voters. The Legislature and the Sentinel underestimate the voters. Citizens know the importance of being informed and holding their local government officials accountable. "While Senate Bill 216 permits factual information to be distributed, there is a fine line between education and advocacy. All information during an election is provided to influence votes - even when it's just the facts. Now it will take a judge and expensive legal proceedings to determine what is factual and what is not. "Local governments count on public funds to provide the services and quality of life Floridians deserve and depend on. It is unfair to silence the voice of local governments in legitimate debate when the sustainability of a service, or funding, or a community is at stake. The Florida Supreme Court agrees with the Florida Association of Counties, saying, 'Leaders have both a duty and a right to say which course of action they think best, and to make fair use of their offices for this purpose. The people elect government leaders precisely for this purpose.' "The bill limits freedom of speech for our officials and county employees, but the Sentinel discounts this fact assuming the state can't limit our free speech. Unfortunately, it is a judge, not the Sentinel, who will have to intervene to preserve our right to the First Amendment. Instead, many counties will simply stop providing information to avoid court costs and negative headlines. The governor should veto this bill so that local governments and local officials can continue to provide both opinions and information on matters that affect the fabric of our communities. We agree with Mr. Holley, and respectfully ask that you veto this legislation, Senate Bill 216, when it is presented to you. For additional information, please contact Assistant to the County Manager Debbie Wight at 239.252.8383 or DebbieWight@colliergov.net S~nelY, ,~u D~hairman 2 10D Board of County Commissioners donnafiala@colliergov.net C: Board of County Commissioners James V. Mudd, Collier County Manager Leo E. Ochs, Jr., Deputy County Manager Jeffrey A. Klatzkow, County Attorney Chris Holley, Executive Director, Florida Association of Counties Keith Arnold, J. Keith Arnold and Associates 3 laD Board of Collier County Commissioners Donna Fiala District 1 Frank Halas District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 May 26, 2009 The Honorable Charlie Crist Governor of the State of Florida PL 05 The Capitol 400 South Monroe Street Tallahassee, FL 32399-0001 Re: Senate Bill 2282 - Relating to First-Responder Services Dear Governor Crist: During the recently completed session, the Legislature passed Senate Bill 2282, prohibiting the fire service and emergency medical services agencies from billing for responding to auto accidents. I urge you to veto Senate Bill 2282 because of the negative fiscal impact it will have on those communities that are currently collecting these fees as a way to provide the appropriate level of public services to the citizens in their community. Local governments, just like the state government, are realizing significant financial shortfalls. This legislation further ties the hands of local governments in deciding the best way to fund public services to the citizens in their community. More significantly, based on a recently conducted survey ofthe fire service in Florida, 49 percent of the departments surveyed have already initiated budget reductions in the current year, and 73 percent of these departments have been told additional cuts will be made to their budgets next year. The current year's cuts have resulted in layoffs, hiring freezes, and delays in station openings. Senate Bill 2282 is unfair to those communities that are working conscientiously to overcome the current economic conditions and to continue providing the expected level of public services. In Collier County, the treatment without transportation fee equals at least $200,000 of the Emergency Medical Services budget. Critics of the billing methods used in Florida are concerned because there is no consistency in the amounts billed to insurance companies for reimbursement. The Florida Fire Chiefs' Association along with other associations proposed a statewide reimbursement schedule that would establish consistent reimbursement throughout W. Harmon Turner Building. 3301 East Tamiami Trail. Naples, Florida 34112.239-252-8097. FAX 239-252-3602 10D Florida. This proposed schedule was ultimately not accepted, and Senate Bill 2282 was passed with the provision not allowing the billing to continue rather than considering the proposed statewide reimbursement schedule which would resolve the concern of the critics. I respectfully request your veto of Senate Bill 2282. Your attention to this matter is greatly appreciated. If you have any questions regarding Collier County's position on this legislation, please contact Assistant to the County Manager Debbie Wight at 239.252.8383 or DebbieWight@colliergov.net. .J~ Do a Fiala, Chairman Board of County Commissioners donnafiala@colliergov.net C: Board of County Commissioners James V. Mudd, Collier County Manager Leo E. Ochs, Jr., Deputy County Manager Jeffrey A. Klatzkow, County Attorney Chris Holley, Executive Director, Florida Association of Counties Keith Arnold, J. Keith Arnold and Associates 2