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Agenda 10/14/2009 W BCC PRE-LEGISLA TIVE SESSION WORKSHOP MEETING OCTOBER 14, 2009 Board of County Commissioners Collier County Legislative Delegation 2010 Pre Legislative Session Workshop Wednesday, October 14, 2009 1-4 p.m. Collier County Government Center Boardroom AJ!enda I. Introduction - Board of County Commissioners Chairman Donna Fiala II. Remarks on behalf of Collier County Legislative Delegation - State Representative Matt Hudson, Chair III. Review of Collier County 2010 State Legislative Priorities IV. Other Topics V. Public Comment VI. Adjourn Collier Countv 2010 State LeJ!islative Priorities (Proposed) I. Libraries - Support State Aid to Libraries and Cooperatives like Southwest Florida Library Network. II. Home Rule - Protect home rule authority of County governments. III. Unfunded Mandates - Oppose state directives requiring local governments to deliver services without providing the necessary funding to cover the expense. IV. 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 oflife. V. Affordable Housing - Support removal of the cap on Sadowski Housing Trust Funds. VI. Impact Fees - Support maintaining home rule authority over administration of the County's existing impact fee program; Mobility Fee (MF) -If there is to be a MF, we need to insure that the dollars collected are expended within, and in coordination with, the jurisdiction in which the MF is generated. 1 VII. Transportation · Oppose raiding ofthe Transportation Trust Fund · Support earlier Receipt of Crash Reports - Include local traffic engineering agencies with police agencies in being able to receive crash reports without current 60-day wait. · Pass red light running camera enforcement - Support enforcement of red light running camera enforcement statewide with existing local program grandfathered. · Support modification to Section 339.135(4)(a)l, Florida Statutes to strengthen requirement for use of an allocation formula "to assure that no district or county is penalized for local efforts to improve the State Highway System. " VIII. Revenue Enhancements · Dot.com - Support the tourism industry position on Dot.coms which is to have those companies collect and pay the sales and tourist development tax due on the total amount charged the visitor, not the net amount paid the hotel. The revenue lost to both the state and counties from the actual taxes due and what is currently received is significant. · Support Gas Tax Indexing · Support Real Estate Transfer Tax/Fee · Support Partial Year Assessments IX. Consultants Competitive Negotiation Act (CCNA) - Support legislative changes to CCNA that allow weighing multiple factors including qualifications and price before selecting the top firm and before commencing negotiations; oppose industry interests from further restricting the discretion oflocal government under the law. X. Alligator Alley - Continue to oppose leasing of Alligator Alley to private entities. XI. Shared Ochopee/Emergency Medical Services (EMS) Fire Station & Florida Department of Transportation (FDOT) - Support securing a portion of the existing toll to fund the Fire and EMS Station; Support share of the toll to be 25 cents a car with half allocated to Collier County, half allocated to Broward County. XII. Offshore Drilling in Gulf of Mexico - Affirm Board's previous Position with approval of Resolution 2009-117 in April 2009, which opposes offshore drilling within 25 miles of the Gulf coastline. 2 XIII. Fire District Bills - Oppose Panther Creek Consolidation Legislation and Paradise Coast Consolidation Legislation proposed by independent fire districts in Collier County. XIV. Economic Development - One of Collier County's goals is Economic Development which promotes a full range of high wage/high-skilled employment and business opportunities that will improve the economy, increase the tax base, and encourage innovation and economic diversity. Collier County supports policies to enhance economic development utilizing various programs and tools to induce targeted business expansion, retention, attraction, new capital investment and job creation. . Support a more coordinated and streamlined regulatory process within state level agencies, while supporting local governments and their ability and flexibility to make decisions at the local level that enhance economic development opportunities. . Support funding for Florida's Economic Development Transportation Fund (Road Fund) at $20 million. This is one of Florida's oldest and most successful economic development incentive programs and is designed to keep our state competitive in attracting high wage jobs. Because of rising costs and increased project activity, more allocation is needed in order to improve Our competitiveness. . Support the Quick Response Training Program ($5 million) and the Incumbent Worker Training Program ($2 million). The best investment we can make is in our workforce. Training programs, such as QRT and IWT. ensure that Florida has an available and skilled workforce to meet the demands of our growing high wage employers. Enacted Le1!islation & Issues to Monitor: · SB lOOO/Discretionary Sales Surtaxes/Fire Rescue Services · Seminole Gaming Compact/Revenue sharing (3%) with affected local governments for infrastructure · Beach Renourishment/US. Supreme Court Case - Support public beach access · SB 360 (Growth Management) - Permitting, Transportation Concurrency Exception Areas (TCEA's); Preserve present real-time concurrency program. · Property Insurance · Hometown Democracy 3 EXECUTIVE SUMMARY Recommendation to review and approve the proposed Collier County 2010 State Legislative Priorities which then will be discussed next at a joint Board of County Commissioners and Collier County Legislative Delegation 2010 Pre Legislative Session Workshop scheduled on October 14, 2009. OBJECTIVE: To review and approve the proposed list of Collier County 2010 State Legislative Priorities which will then be discussed jointly at the Board of County Commissioners (BCC) and Collier County Legislative Delegation 2010 Pre Legislative Session Workshop scheduled on October 14, 2009, from I to 4 p.m. The BCC-approved slate of Collier County 2010 State Legislative Priorities will then be presented by BCC Chairman Donna Fiala at the Collier County Legislative Delegation Public Hearing on November 24, 2009, beginning at 2 p.m. in the City Council Chambers, Naples City Hall. Also, upon Board of County Commissioners direction, County Manager Leo E. Ochs, Jr., will direct staff to provide the Collier County 2010 State Legislative Priorities to the County's state lobbying firm, J. Keith Arnold and Associates, which will continue representing Collier County's interests in Tallahassee through the 2010 Legislative Session, as well as the Florida Association of Counties (F AC) and the six -county Southwest Florida Legislative Consortium. CONSIDERATION: To develop Collier County government's proposed legislative platform, the Board of County Commissioners and Collier County staff were asked for input and staff also reviewed the issues and summaries of the 2009 Legislative Session as provided by J. Keith Arnold and Associates and FAC. At the FAC Conference in Seminole County September 23 to 25, 2009, the agenda included a series of sessions and meetings in which county officials and staff from statewide met to discuss issues of interest and concern to be addressed in the upcoming 20 I 0 Legislative Session. Representatives of state agencies also attended the F AC Conference to respond directly to the inquiries posed by elected officials of local governments. Upon receiving legislative updates from the F AC professional staff and consulting with J. Keith Arnold and Associates, as well as researching a variety of other available sources. Staff also reviewed the slate of Collier County 2009 State Legislative Priorities for relevancy and kept in mind the decisions ofthe Board when dropping off some priorities due to inactivity and adding significant new topics due to their potential critical impact on the community. Please be mindful that due to the challenging economic climate which has presented Collier County with some harsh fiscal realities, staff has added back onto the list for your consideration several revenue generating vehicles. In 2009 Collier County experienced a 10.42 percent drop in taxable value and indications from the Department of Revenue are that the same plunge will happen to the county taxable 1 value in 2010. In addition the total county budget decreased 11.88 percent. Revenues from ad valorem property taxes, state revenue sharing, state sales tax and interest income are all in decline. Identifying alternative revenue sources may be an issue worth deliberating at this time. The causes of the major reductions in Collier County funding resources are threefold: economic recession, implementation of statutory rollback (2007) and Amendment 1 (2008). The Economic Development Council (EDC) submitted priorities for consideration of inclusion on the Board's list (attached). Staff added them onto the proposed list. Once the BCC reviews the proposed list and determines the final Collier County 2010 State Legislative Priorities, that Board-approved slate will next be discussed by the BCC and the Collier County Legislative Delegation at a joint 2010 Pre Legislative Session Workshop on Wednesday, October 14, 2009. The following is a proposed list of Collier County 2010 State Legislative Priorities: Collier Countv 2010 State Leflislative Priorities I. Libraries - Support State Aid to Libraries and Cooperatives like Southwest Florida Library Network Support for State Aid to Libraries: without the State providing state aid funding, the entire state no longer qualifies for Library Services and Technology Grants. Staff intends to apply for a grant for equipment for blind services center. State Aid to libraries represents $200,000 for Collier and provides vital funding to maintain an enhanced level of service for library users. These funds have been used to increase the bandwidth of Internet access for both library users and for the library system in checking out materials. Additional databases have been bought with State Aid funding, allowing the Library to increase the variety of information available without local funds. Funds have also been used to provide additional children's books. Support for Library Cooperatives, including Southwest Florida Library Network (SWFLN) is important particularly during times of reduced budgets for training and travel. The SWFLN is the Library's major source of quality, cost-effective, library- oriented training to keep staffup with current technology and methods in libraries. To clarify, SWFLN is not eligible for State Aid to Libraries. State Aid is only for public libraries. However SWFLN does receive a State Cooperative Grant. That is also very important to Collier and the rest of the state. These grants support basic functions of the six (6) library cooperatives. The SWFLN provides continuing education specific to libraries for our member libraries. SWFLN also enables our region to provide enhanced cooperation among member counties, including delivery of inter-library loan materials, at no cost to the county, and access to expert consultants on a variety of library issues and problems. II. Protect Home Rule - Support home rule authority of local l!overnments is an overall legislative theme more than it is a specific issue. In 2009 there were numerous 2 bills on varied issues that attempted to erode the home rule authority of county governments. Such legislation proposed in Tallahassee puts advocates and lobbyists in a very defensive posture during Legislative Session. Unfunded mandates, restrictions or moratoriums on local ordinances, and threatened lessening ofBCC powers put local governments in opposition to many bills put forward by their state representatives in the Florida Legislature. Major issues in the past several years that jeopardized home rule included aggregate mining preemption, fertilizer local ordinance preemption, public construction contracting preemption, impact fee reductions, growth management revisions and agricultural enclave zoning preemptions. Whenever the home rule authority oflocal governments is threatened, those actions continually facilitate extraordinary cooperation and communication between the Board, Collier County staff, lobbyists and F AC. Especially during the present time of tight budgets and fiscally-conscious decision making, counties must monitor, identify, and implement strategies to defeat or reach a favorable compromise on issues if and when they are introduced. Counties need to control their own destiny. III. Unfunded Mandates - The economic downturn continues to be felt nationally, statewide and on the local level. The State of Florida is dealing with its own serious budget shortfall and often unfunded mandates imposed from Tallahassee on local governments are their options for new revenue streams. Unfunded mandates continue to be an unwelcome burden. In 2009, a solid waste transfer tax was attempted but never got traction enough to pass. Unfunded mandates are what resulted resulted from the 2007 legislative tax reform and the January 2008 statewide referendum, known as Amendment I, which imposed a significant mandate on local governments. FAC consistently puts forth a position statement in support of amending Florida's Constitution in the unfunded mandate provision with implementing legislation providing for local governments increased protection, accountability, oversight, transparency and fiscal stewardship. Counties must oppose state directives requiring local governments to deliver services without providing the necessary funding to cover the expense. IV. 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. (FAC Policy Statement) This priority/statement is a precaution against future legislation known as TABOR, which was proposed by the Florida Taxation and Budget Reform Commission, but failed to get enough support to make the November ballot. If enacted, the cap on the annual growth of assessments of non-homestead properties would have resulted in reduced local government revenues and inevitably led to an increase in millage rates on all properties. TABOR is a national movement to set revenue and spending caps on governments and place oversight of those caps in the hands of the electorate. No matter how good it sounds in theory, in practice, TABOR stunts economic growth and slashes funding for critical services and infrastructure. According to FAC Executive Director Chris Holley, FAC would like to see a reduction in government not by imposing TABOR's arbitrary caps but by eliminating duplicative services, keeping power with the 3 government closest to the people, and removing the state's ability to pass down unfunded mandates. Florida can learn from Colorado's TABOR mistake. Despite the national scope of the TABOR movement and its initiatives in 25 states, Colorado is the only state in the nation that has TABOR. Voters there approved the constitutional amendment in 1992, and it had such a debilitating impact on the state's economy that they suspended the measure in 2005. TABOR would create many problems for Florida's economy and the way governments provide services. Typically TABOR ties government revenue increases to the Consumer Price Index (CPI). The CPI is a tool of the federal government as an indicator of inflation and therefore, great pains are taken to keep this number low. V. Affordable Housing - Support removal of the cap on Sadowski Housing Trust Funds which would mean an additional hundreds of millions of dollars dedicated to affordable housing, depending on the amount of Documentary Stamp revenue collections. Support using this money to buy and fix up affordable foreclosure properties so they can return to the marketplace. VI. Impact Fees - Support maintaining home rule authority over administration of the County's existing impact fee program; Mobility Fee (MF) - If there is to be a MF, we need to insure that the dollars collected are expended within, and in coordination with, the jurisdiction in which the MF is generated. - Support maintaining home rule authority over administration of Collier County's existing impact fee program. During Fiscal Year 2009, Collier County's total impact fee collections were $24.4 million. Of that amount, $13.5 million was in transportation impact fees. In Fiscal Year 2008 impact fee collections totaled $46.4 million, which includes $29.1 million in transportation impact fees. This appears to be halving each year as the 2008 collections were less than half of the Fiscal Year 2007 collections. What is also very important to realize is that impact fees pay a large part of Collier County's debt service, which is an obligation of about $32 million annually. During the 2009 Legislative Session, House Bill 227 passed which places the burden of proof on local governments. Collier has joined with F AC and five to 10 other counties who are in the process of filing a lawsuit in opposition to this legislation on the grounds it violates the unfunded mandate provision ofthe Florida Constitution and also infringes on separation of powers provisions. F AC Attorney Ginger DeLe gal on October 6 reported to staffthat the coalition is moving forward. VII. Transportation · Oppose raiding of the Transportation Trust Fund - The State Legislature will increasingly be looking for funds to supplement the General Revenue again this session. The legislature raided the Transportation Fund to the tune of for $120 million in 2009 in an effort to offset the dramatic revenue reductions facing the state coffers in 2009. Revenues are expected to be off again for 2010 with a recovery not expected until 2011. Pressure will again be on 4 legislators to find funds through budget cuts, raids, and/or revenue enhancements. · Support earlier Receipt of Crash Reports - Include local traffic engineering agencies with police agencies in being able to receive crash reports without current 60-day wait. Support including local traffic engineering agencies with police agencies in being able to receive crash reports without current 60-day wait. New statutes require police agencies do not distribute crash reports for 60 days after a crash, except for a few very limited cases. This 60-day delay was determined by the Florida Highway Patrol (FHP) General Counsel to apply not only to the public, but also other police agencies and local transportation agencies. This means that if there are crashes, even fatal ones, our Traffic Operations office cannot receive copies of the crash report from the investigating police agency for 60 days. This hinders Collier County's safety investigations and attempts to mitigate what may be hazardous roadway situations, as much of the information that staff works with includes witness reports and descriptions listed in the on-site police crash reports. The vast majority offatal crashes are investigated by the FHP, and requiring a 60-day delay to be given the reports puts us 60 days late in possibly responding to a previously unknown traffic hazard. · Pass red light running camera enforcement - Support enforcement of red light running camera enforcement statewide with existing local program grandfathered. · Support modification to Section 339.135(4)(a)1, Florida Statutes to strengthen requirement for use of an allocation formula "to assure that no district or county is penalized for local efforts to improve the State Highway System." Specifically, to restrict the application of "other programs with quantitative needs assessment" and to secure more state and federal funds allocated to the counties by one-half population and one-half gas tax proceeds (statutory formula). As an alternative, the needs assessment used as a basis for allocation of federal and state funds need to be subjected to further reviews by local government and concurrence by counties through legislative oversight. For further clarification by Transportation staff, Florida Statutes provide a distribution formula to provide a "Fair Share" of state and federal transportation funds to the Districts and to the counties. This formula is known as the "Statutory Formula" and is 50 percent based on population and 50 percent based on gas tax as a portion ofthe state's population and gas tax collections. However, the statutes provide that certain funding (i.e. Interstate Construction) be allocated by needs assessment rather than the formula focus the funding in specific areas to cover high-cost statewide needs. The Florida Department of Transportation (FDOT) has expanded the needs assessment to include the Strategic Intermodal System (SIS), thereby further reducing the funds allocated by a fair share formula. The net result is that 5 Collier County has been identified as 0.43 percent of the SIS needs through 2035 and is receiving few dollars from the reduced formula funding. Either Section 339.135(4)(a)1, Florida Statutes needs to be modified to reduce the level of state and federal transportation funding that is distributed by needs assessment rather than formula, or the counties/MPO's need further review and input on the needs assessments that are being used to distribute the monies outside of an equitable share formula. This issue parallels the state's fight to seek an equitable share/rate of return of the transportation funds sent to Washington, D.C. We need to demand that while statewide or regional needs are addressed, sufficient returns are realized by each county to meet their needs. VIII. Revenue Enhancements · Dot.com The tourism industry position on Dot.coms is to have those companies collect and pay the sales and tourist development tax due on the total amount charged the visitor, not the net amount paid the hotel. Also, the industry believes if the collection and payment of the full amount is agreed to by the Dot.coms that the past amounts and penalties due should be waived or forgiven. The revenue lost to both the state and counties from the actual taxes due and what is currently received is significant. The last time Tourism staff checked with our County Tax Collector the estimate was $750,000 lost to Collier County. · Support Gas Tax Indexing - Indexing of Local Option Gas Tax - The state, more than 14 years ago, authorized that the state motor fuel tax be annually indexed to the Consumer Price Index (CPI) to allow the purchasing power of the tax to be maintained as costs increased over time. However, they did not provide for the same indexing of the Local Option Gas Taxes imposed by the counties. As such, the buying power of the local tax has decreased as costs have increased. We support legislation giving counties the authority to index their local option gas taxes to annual changes in the Consumer Price Index (CPI). · Support Real Estate Transfer Tax/Fee - Support introducing a Local Option 1 Percent Real Estate Transfer Fee that would be subject to approval by the BCC. The measure has been introduced previously as a bill which failed, but was tied to the elimination of impact fees for any local government implementing the transfer fee. · Support Partial Year Assessments - Currently real estate in Collier County is assessed annually on January 1. This means if you purchase your property after January 1 and make improvements during that year, those improvements are not recognized by the Property Appraiser until the following year. A more effective way to generate the revenues necessary to pay for the services provided would be to appraise property as additions or newly constructed homes are completed. Revenues generated from a partial-year assessment plan if implemented were estimated in Fiscal Year 2006 to be between $2 and $3 million for Collier County. 6 IX. Consultants Competitive Negotiation Act (CCNA) - Support legislative changes to CCNA that allow weighing multiple factors including qualifications and price before selecting the top firm and before commencing negotiations; oppose industry interests from further restricting the discretion of local government under the law. The proposed change allows an alternative method with the first step still being to pre-qualify the top firms and the second step being getting price proposals from top firms that are pre-qualified. Amending the CCNA gives local governments the ability to compare costs efficiently with prices side by side from only the qualified firms, which also provides increased negotiation leverage on behalf of the taxpayer. The Collier County Purchasing Director has done extensive networking and outreach to his peers statewide and professional organizations as well as some legislators. Thus far he has received endorsements of the proposed CCNA legislation from the National Institute of Governmental Purchasing (NIGP), the Florida Association of Public Purchasing Officers (FAPPO), the Florida Governmental Finance Officers Association (FGFOA), and numerous counties as a result of attending the F AC Conferences in 2009, 2008 and 2007. There has been proposed a CCNA Policy Statement that will continue to be part of the FAC 2010 Legislative Platform, as it was in 2009 and 2008. X. Alligator Alley - Continue to oppose leasing of Alligator Alley to private entities. Collier and Broward Boards of County Commissioners both passed Resolutions opposing the privatization of the Alley, jointly signed a letter to the FDOT affirming their joint opposition and decided also to join forces in a lawsuit against the state if they go forward with the plan to lease the Alley to private interests. Presently there is no apparent activity as the economy appears to have impacted potential developer interests. XI. Shared Ochopee/Emergency Medical Services (EMS) Fire Station & Florida Department of Transportation (FDOT) - Support securing a portion of the existing toll to fund the Fire and EMS Station; Support share of the toll to be 25 cents a car with half allocated to Collier County, half allocated to Broward County. XII. Offshore Drilling in Gulf of Mexico - Affirm Board's previous position with approval of Resolution 2009-117, which opposes offshore drilling within 25 miles of the Gulf coastline. HB 1219 Oil and Gas Resources was introduced late in the 2009 Legislative Session by leadership in the House of Representatives. The bill was not referred to committee or council assignments for full discussions. It ultimately passed the House but never was taken up by the Senate. The proposal would have allowed the Governor and Cabinet to negotiate with oil and natural gas companies to drill between three (3) and 10.3 miles off Florida's coastline. 7 Following speculation that Governor Crist would include this issue in a special session this fall, Senate President Jeff Atwater issued a statement expressing concerns of hurrying such a complex and controversial issue. He also disagreed with adding the offshore drilling discussion to any special session agenda, preferring to await further research and education. At the FAC Conference, the following policy statement was discussed: "Offshore Energy Exploration: F AC is CONCERNED that the Florida Legislature may consider authorizing drilling for oil and gas off of Florida's Gulf Coast. Florida's counties have varying and diverse opinions on this controversial issue. However, if an offshore energy exploration program is created, F AC would OPPOSE any preemption of local government land use regulatory authority. Local governments must have the authority to ensure that refineries and other associated infrastructure are sited in the proper place. "Our members have expressed concerns that drilling off Florida's Gulf Coast will not lead to greater energy independence in a global market, and it will not reduce the price of gasoline. Further, our members strongly SUPPORT the development of alternative energy sources, and there is concern that continued use of fossil fuels will not encourage the use of those alternative energy sources. "Additionally, F AC would OPPOSE any proposed or planned drilling operations in the Gulf of Mexico that would impair, restrict or negatively impact the ability of the United States military, and specifically Eglin Air Force Base, Tyndall Air Force Base, Hurlburt Field, Duke Field or the NAS Pensacola assigned, tenant, remote and/or guest units, to fully utilize the existing Joint Gulf Range Complex (JGRC) airspace and surface waters for ongoing or planned aircraft test, weapons test and/or training miSSIOns. "While there is not consensus on all of the issues involved, there is consensus that if the Legislature chooses to address this issue, it should do so in a thoughtful and well- reasoned manner. All interested stakeholders should have the opportunity to provide their questions, comments, and concerns. The Legislature should strongly consider scheduling town hall meetings across the state so that citizens who may not be able to travel to Tallahassee can participate in the discussion. "Should the Legislature address this issue during the 2010 Regular Session, there are several critical policy questions that need to be answered, including: · How can the legislature provide the utmost environmental protection for Florida's beaches, to protect Florida's unique environmental character as well as our tourism-based economy? · Are there different environmental concerns surrounding natural gas and oil? Are there different environmental concerns in different regions ofthe Gulf Coast? How can those specific environmental concerns be addressed separately? 8 · What infrastructure will be needed to support offshore energy exploration? Does that infrastructure currently exist? If not, what will be the impact of new infrastructure, from both a growth management and environmental perspective? · What would the economic impact be to Florida in the event of a spill? What protections can be put in place so that Florida's economy is not placed at risk? · How would Florida's economy benefit from an offshore energy exploration program? · How can we adequately protect offshore sand sources so that we will have the resources to restore and renourish our beaches in the future? · Are there issues that need to be addressed in order to prevent conflict with military operations in the panhandle? "In the event that the Legislature answers these questions and decides to move forward with an offshore energy exploration program, there should be a discussion of how the financial benefits realized as a result of oil and gas leases will be allocated. F AC would encourage the following prioritization: · An appropriate and fair revenue sharing program with local governments; · Environmental programs, including beach renourishment, water supply and water quality programs, and the inland protection trust fund; and · A statewide disaster fund in the event of a spill, which should include an economic development fund to address local government and business recovery from the impact of a spill." XIII. Fire District Bills - Oppose Panther Creek Consolidation Legislation and Paradise Coast Consolidation Legislation proposed by independent fire districts in Collier County. The following is excerpted from the two proposed bills which are identical except for their names: "As a result of having five (5) independent special fire control and rescue districts providing similar services, decreasing revenues and increasing costs of providing such services, the Legislature intends to create a voluntary process allowing for the existing independent special fire control and rescue districts in Collier County to merge their existing operations into one of two newly created independent special fire control districts with a procedure for the later date merger of these two districts into a consolidated independent special fire control district." These are two local bills which are contingent on each other becoming law. In addition, the "districts created pursuant to this act are separate governmental entities independent of Collier County, any municipality or any independent special fire control and rescue district in Collier County." 9 Major concerns: . Legislation allows new district authority for other revenue raising capabilities without a voter referendum, including new fees for service, with just a simple majority vote oftheir fire board. . Legislation provides that the district can get a Certificate of Public Convenience and Necessity (COPCN) without approval ofthe Board of County Commissioners. . Legislation allows the district to go to the maximum millage rate of 3.75 without going to a voter referendum. . Legislation provides that in the event of annexation, the district's boundaries shall continue to include the incorporated lands and the district will remain the service provider. . Legislation provides that the cost of new facilities and equipment will be borne by new users through impact fees for capital improvements. XIV. A major goal for Collier County is to encourage Economic Development, which promotes a full range of high wagelhigh-skilled employment and business opportunities that will improve the economy, increase the tax base, and encourage innovation and economic diversity. Collier County supports policies to enhance economic development utilizing various programs and tools to induce targeted business expansion, retention, attraction, new capital investment and job creation. . Support a more coordinated and streamlined regulatory process within state level agencies, while supporting local governments and their ability and flexibility to make decisions at the local level that enhance economic development opportunities. . Support funding for Florida's Economic Development Transportation Fund (Road Fund) at $20 million. This is one of Florida's oldest and most successful economic development incentive programs and is designed to keep our state competitive in attracting high wage jobs. Because of rising costs and increased project activity, more allocation is needed in order to improve our competitiveness. The Program has awarded hundreds of millions in grants since 1982 to help local governments resolve transportation problems that hinder economic development. Local governments and companies receiving benefits contribute to the program in the form of matching dollars. Program grants have most commonly been used to build or expand an access road to a company's planned site. Most projects have benefited manufacturing firms. About a third ofthe firms were small businesses with less than 100 employees. Most of the assisted firms appear to still be in business. Support the Quick Response Training Program ($5 million) and the Incumbent Worker Training Program ($2 million). The best investment we can make is in our workforce. Training programs, such as QRT and IWT, ensure that Florida has 10 an available and skilled workforce to meet the demands of our growing high wage employers. Created in 1993, the Quick Response Training Program (QRT) provides grant funding for customized training for new or expanding businesses. Through this employer-driven program, Florida is able to effectively retain and attract businesses creating new high-quality jobs. Workforce Florida, Inc., administers the program. The program has been structured to be flexible and to "respond quickly" to meet the business's training objectives. A local fiscal agent- community college, area technical center, or university - is selected and is available to help develop or deliver the customized program and to provide assistance in the application process. The Incumbent Worker Training Program provides grant funding for customized training for existing for profit businesses. Through this customer- driven program, Florida is able to effectively retain and keep businesses competitive through upgrade skills training for existing full-time employees. Workforce Florida, Inc. administers the program. Established in 1999, the Incumbent Worker Training Program has provided customized training for over 50,000 employees for more than 500 businesses throughout the state. Upon review and identification of Board-endorsed Collier County 2010 State Legislative Priorities, the Board is also provided the following issues which are currently being monitored by staff and J. Keith Arnold and Associates as well as F AC in circumstances of statewide significance. Enacted Legislation and Issues to Monitor: · SB 1000ffiiscretionary Sales Surtaxes/Fire Rescue Services - This legislation authorizes a county to levy by ordinance a discretionary sales surtax of up to 1 percent for emergency fire rescue services and facilities, which shall take effect if the surtax is approved by a majority of the electors ofthe county voting in a referendum. The legislation provides for the distribution of the discretionary surtax proceeds and requires a reduction in ad valorem taxes and non-ad valorem assessments for fire control and emergency rescue services upon the discretionary sales surtax taking effect. If the surtax is authorized, the county governing authority must develop an interlocal agreement to be executed with participating jurisdictions, including municipalities, dependent special districts, independent special districts, or municipal service taxing units providing emergency fire and rescue services within the county. The interloca1 agreement must include a majority of service providers in the county. 11 County staff is currently monitoring the status of the sales surtax issue and thus far there has not been fulfillment of the requirement for six of 10 districts to agree to participate and subsequently bring forward to the BCe. · Seminole Gaming Compact/3% share to local governments for infrastructure - The Seminole Gaming Compact signed by the Seminole Tribe and Governor Charlie Crist has not been ratified by the Florida Legislature and reports have been that the proposed agreement is in conflict with the bill that passed during the 2009 Legislative Session. Senate President Jeff Atwater has transmitted a series of questions to Gov. Crist's general counsel; no word from the House. Due to several significant policy questions and related concerns, a Special Session to address the Seminole Gaming Compact seems less urgent and even unlikely. One of the questions did address revenue sharing with local governments although not allocations specifically. · Beach Renourishment/U.S. Supreme Court Case - Stop the Beach Renourishment vs. Florida Department of Environmental Protection (FDEP)- Collier County joined the parties with F AC, the Florida League of Cities (FLC) and the Florida Shore and Beach Preservation Association (FSBP A) that filed a joint amicus brief in September 2009 supporting public access of beaches. An excerpt reads: "FSBP A, FLC and F AC believe that the beach nourishment program in Florida effectively will be eliminated if this Court decides that the state must pay takings damages to every private property owner along a beach that the state, the federal government, or a local government attempts to restore. There is no possible way in which government can afford to condemn, or pay takings damages for, the supposed property rights associated with this case and carry out a meaningful beach restoration program. In addition, these amici are concerned that due to the many Erosion Control Lines (ECLs) that already exist in the state in connection with beach restoration projects, a decision that the lines previously established are a taking of beachfront property of abutting upland property owners, will create an avalanche oftakings claims against the State and local governments on completed or ongoing projects. Based simply on the transaction costs of claims for compensation, future projects would be prohibitive expensive, or miles of beaches in critical need of restoration would not be addressed. Moreover, the general public would question its support of a program which must be defended when abutting property owners file actions for monetary damages even though they most directly benefit from the expenditure of taxpayer dollars for beach restoration projects. The outcome of this case will decide whether the beach restoration program will continue in Florida, as well as similar programs in the rest of the country. " The case is scheduled to be heard by the U.S. Supreme Court on December 1, 2009. · SB 360 (Growth Management) - Permitting, Transportation Concurrency Exception Areas (TCEA's); Preserve current real-time concurrency program. Support protecting Collier County's current transportation real-time concurrency program which is doing in Collier what it is designed to do. Chapter 163.3180 changed after the enactment ofSB 360 in 2009. Please note there continues to be conflicting interpretations of some SB 360 provisions by Senator Mike Bennett and DCA Secretary Tom Pelham pertaining to the new TCEA language. In summary, Secretary Pelham has 12 stated that for those local governments that meet the TCEA definition that those local governments can still be more restrictive in terms of concurrency management and that the TCEA's do not become effective immediately. That interpretation is that under the TCEA language a local government would still have to amend its comprehensive plan to create the TCEA and then have one (I) year to create the alternative modes of transportation section in its Growth Management Plan (GMP). That is how the establishment of any TCEA would work. Secretary Pelham also has noted in many presentations that there are some conflicting concurrency management provisions that remain in 163.3180 that seem to allow a local government to retain its more restrictive concurrency management. Regardless, at this time Collier County can retain its existing concurrency management system as the new TCEA provisions do not apply to Collier County. Senator Bennett's interpretation of SB 360 in terms of its implementation was that all of those local governments that met the definition of a TCEA immediately became TCEA's upon execution ofSB 360 by Governor Crist. He noted that was the Legislature's intent. From the two varying interpretations, and what is viewed by Secretary Pelham as statutory internal inconsistencies or conflicting provisions pertaining to concurrency, there have been varying positions taken by members of the Senate as well as the legal community. Regardless, the Secretary of DCA is charged with implementing Chapter 163.3180 through DCA's enforcement and review of the GMP Amendment process or through its rule making authority pursuant to Rule 9J- 5, Florida Administrative Code. Please note that there are still the trip mobility fee provisions in Chapter 163 that are intended to replace transportation concurrency management. Whether that occurs will be in the Legislature's domain. Further, when it was reported at the FAC Conference that the "State didn't take away the ability to implement concurrency," it is worth clarifying that local governments that do not meet the definition of a dense urban area can still legally implement transportation concurrency as they are not required to go through the process of establishing a local government TCEA. Last session Collier County advocated a position to get the language out of the House bill that would have included all census tracts with a density of more than 1,000 persons per square mile, which would have included almost the entirety of Collier County's land area in the urban service boundary set forth in the GMP. Please note that the Cities of Naples and Marco Island do meet the definition of dense urban land areas. The rest of the response from the Senate staffer that, "There is no state-level mandate requirement to have concurrency," was a statement in response to a panel discussion in the context ofTCEA's. What it means is that there is no state-level mandate requirement for local governments that qualify as TCEA's to have transportation concurrency once the TCEA is established. The legislative intent of Senator Bennett as the bill sponsor, and other supporters ofSB 360, is for the TCEA's to be effective 13 immediately upon enactment ofthe legislation. Secretary Pelham disagrees with the legislative intent based on the entirety of the concurrency provisions in Chapter 163.3180. · DEP regu1ations/fish-c1eaning tables In response to a DEP rule change imposing strict regulations on fish-cleaning stations at boat ramps and dock facilities, Collier County staff consulted with FAC and the DEP and transmitted on the agency's request information about projects, photographs of receptacles used, and proposed language that would address the county's needs. In Collier County, there are five (5) existing locations and one new location where the revised, restrictive legislation would apply. Collier's existing boat dock locations are Bayview, Caxambas, Cocohatchee, 951 and Port of the Islands. A new facility at Goodland is planned to come on line by the end ofthe year. Staff explained the concern is the public health and safety issues associated with a receptacle next to the fish cleaning station. This would undoubtedly attract wildlife, insects and vermin no matter how often the receptacles are emptied. Public health can be affected due to germs associated with rotting fish baked by the sun, which also cause foul odors and would be offensive to fishermen and boaters. Additionally, the increased costs to dispose of the fish remains in the receptacles on the uplands make this a non-workable solution for Collier County. Staff proposed last week an alternative method with tubes 12-inch in diameter, schedule 40 PVC pipe cut on an angle at the top and extending into the water. If fish remains are disposed of in the tubes they are not a danger to pelicans and other wading/shore birds. The remains settle to the bottom of the submerged lands and are a food source to crabs and other marine life. In Collier, there has never had a water quality issue surrounding the discharge of these tubes. Photos were sent to DEP ofBayview and 951 as examples of where the fish cleaning stations and/or discharge tubes were removed to comply with FDEP's new operational permits for those locations. Later it was learned that the new rule would not be enforced however it would still be in effect. When contacted by FAC, then in a conversation with county staff, DEP assured that the intent ofthe rule was not to impose new complex and expensive requirements on counties. · Property Insurance - Continue to monitor property insurance costs as another ofthe economic hardships burdening Collier County citizens. · Hometown Democracy One of the largest issues facing F AC and all local governments in the coming year is Amendment 4, Hometown Democracy. Hometown Democracy is a proposed amendment to the Florida Constitution that would require a local referendum for counties to make any changes to their comprehensive plan. (See ballot language attached.) 14 Pro arl!uments Grass-roots, non-partisan group who recognize that putting the people in charge of the places where they live is key to a sustainable future of our state. Land owners have the right to use their property in accordance with the local comprehensive plan designation. However, they do not have the right to use their land for high density residential and commercial purposes. Citizens or residents in a community have rights too, including the right to have a quality of life not disrupted by impacts from new development. . May reduce (bad) growth & land use changes to comprehensive plans . May reduce political decisions regarding land use changes . Increase public input into land use decisions Con Arl!uments In 1985, Florida adopted the Comprehensive Land Management Act requiring every local government to adopt a comprehensive land use plan. These plans contain specific required and discretionary elements and require planning, zoning and fiscal decisions to be consistent with such plans. The existing process requires a vote of the city or county governing body to amend the plan and requires state review for a majority of the plan amendments. Current law also provides extensive participation in any effort to amend the local comprehensive plan. Notice must be given of proposed amendments, two public hearings must be held before any amendment is adopted. . May reduce (good) growth and land use changes to comprehensive plans . May constrain economic growth Gobs & income) . May constrain fiscal resources for state and local services . Will remove final decision making from elected local governing body . May increase costs for land use changes (elections) . Unclear what constitutes a majority (quorum) . Elections may be driven or influenced by voters closest to the particular land area 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: 15 RECOMMENDATION: That the Board of County Commissioners approves the proposed Collier County 2010 State Legislative Priorities which then will be discussed next at a joint Board of County Commissioners and Collier County Legislative Delegation 2010 Pre Legislative Session Workshop scheduled on October 14,2009. Prepared by Debbie Wight, Assistant to the County Manager 16 , f / (Jc : ," I "_ r!, , -_. . MEMORANDUM Date: October 9, 2009 To: Board of County Commissioners Collier County Legislative Delegation From: Leo E. Ochs, Jr., County Manager Subject: Collier County 2010 State Legislative Priorities Honorable Collier County Commissioners and members of the Collier County Legislative Delegation: The binder you are receiving today includes the list of the proposed Collier County 2010 State Legislative Priorities that are being presented for consideration to the Board of County Commissioners at their regular meeting on Tuesday, October 13,2009, Because the Board meeting and the workshop are scheduled on successive days, I decided to distribute these draft materials in advance and will provide you with any changes as determined by Board actions either later in the day October 13 or carlyon October 14 in advance of the joint session. I am looking forward to a productive workshop. Board of County Commissioners Collier County Legislative Delegation 2010 Pre Legislative Session Workshop Wednesday, October 14,2009 1 - 4 p.m. Collier County Government Center Boardroom AJ!enda I. Introduction - Board of County Commissioners Chairman Donna Fiala II. Remarks on behalf of Collier County Legislative Delegation - State Representative Matt Hudson, Chair III. Review of Collier County 2010 State Legislative Priorities IV. Other Topics V. Public Comment VI. Adjourn Patricia L. Morgan From: Sent: To: Subject: Attachments: wight_d [DebbieWight@colliergov.net] Thursday, October 15, 2009 10:20 AM Patricia L. Morgan; Ann P. Jennejohn FW: Collier County 2010 State Legislative Priorities State Legislative Priorities 2010 10.13.09 FINAL.doc; State Legislative Priorities 2010 10.13.09 FINAL.doc Trish and Ann, Far below is the document that was new after Oct 13 BCC meeting but before the workshop started yesterday. However, the workshop also resulted in another action and the FINAL list is here: <<State Legislative Priorities 201010.13.09 FINAL.doc>> Thanks. I had an email all ready to send to you yesterday before the workshop but I must have neglected to send it as I don't see it in my "sent" box! Please excuse. -Debbie From: wight_d Sent: Tuesday, October 13, 2009 7:05 PM To: DLCOMM Cc: ochs_1 Subject: Collier County 2010 State Legislative Priorities <<State Legislative Priorities 201010.13.09 FINAL.doc>> Commissioners, Attached please find your approved Collier County 2010 State Legislative Priorities. Thank you. -Debbie ~l(t- U) r ~ \CPI ~ \0\\ Collier Countv 2010 State Lel!islative Priorities I. Libraries - Support State Aid to Libraries and Cooperatives like Southwest Florida Library Network. II. Home Rule - Support home rule authority of local governments. III. Unfunded Mandates - Oppose state directives requiring local governments to deliver services without providing the necessary funding to cover the expense. IV. 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. V. Affordable Housing - Support removal of the cap on Sadowski Housing Trust Funds. VI. Impact Fees - Support maintaining home rule authority over administration of the County's existing impact fee program. VII. Transportation . Oppose raiding of the Transportation Trust Fund · Support earlier Receipt of Crash Reports - Include local traffic engineering 1 agencies with police agencies in being able to receive crash reports without current 60-day wait. . Support state legislation that affirms authority of Counties to install red light cameras at intersections and implement enforcement programs. . Support modification to Section 339.l35(4)(a)l, Florida Statutes to strengthen requirement for use of an allocation formula "to assure that no district or county is penalizedfor local efforts to improve the State Highway System." VIII. Revenue Enhancements · Dot.com - Support the tourism industry position on Dot.coms which is to have those companies collect and pay the sales and tourist development tax due on the total amount charged the visitor, not the net amount paid the hotel. The revenue lost to both the state and counties from the actual taxes due and what is currently received is significant. . Support Gas Tax Indexing. IX. Consultants Competitive Negotiation Act (CCNA) - Support legislative changes to CCNA that allow weighing multiple factors including qualifications and price before selecting the top firm and before commencing negotiations; oppose industry interests from further restricting the discretion of local government under the law. X. Alligator Alley - Affirm Board's previous position to oppose leasing of Alligator Alley to private entities. XI. Shared Ochopee/Emergency Medical Services (EMS) Fire Station & Florida Department of Transportation (FDOT) - Support discussing one-time capital allocation from FDOT for cost offacilities and start-up equipment; and seek reimbursement for recurring operating expenses on a long-term contract basis. XII. Offshore Drilling in Gulf of Mexico - Affirm Board's previous position with approval of Resolution 2009-1 17, which opposes offshore drilling within 25 miles of the Gulf coastline. XIII. Fire District Bills - Oppose Panther Creek Consolidation Legislation and Paradise Coast Consolidation Legislation proposed by independent fire districts in Collier County. XIV. Economic Development - One of Collier County's goals is Economic Development which promotes a full range of high wagelhigh-skilled 2 employment and business opportunities that will improve the economy, increase the tax base, and encourage innovation and economic diversity. Collier County supports policies to enhance economic development utilizing various programs and tools to induce targeted business expansion, retention, attraction, new capital investment and job creation. . Support a more coordinated and streamlined regulatory process within state level agencies, while supporting local governments and their ability and flexibility to make decisions at the local level that enhance economic development opportunities. . Support funding for Florida's Economic Development Transportation Fund (Road Fund) at $20 million. This is one of Florida's oldest and most successful economic development incentive programs and is designed to keep our state competitive in attracting high wage jobs. Because of rising costs and increased project activity, more allocation is needed in order to improve our competitiveness. . Support the Quick Response Training Program ($5 million) and the Incumbent Worker Training Program ($2 million). The best investment we can make is in our workforce. Training programs, such as QRT and IWT. ensure that Florida has an available and skilled workforce to meet the demands of our growing high wage employers. Enacted Lefdslation & Issues to Monitor: . SB lOOO/Discretionary Sales Surtaxes/Fire Rescue Services · Seminole Gaming Compact/Revenue sharing (3%) with affected local governments for infrastructure . Beach Renourishment/US. Supreme Court Case - Support public beach access . SB 360 (Growth Management) - Permitting, Transportation Concurrency Exception Areas (TCEA's); Preserve present real-time concurrency program. Mobility Fee (MF) -If there is to be a MF, the County needs to insure that the dollars collected are expended within, and in coordination with, the jurisdiction in which the MF is generated. . Property Insurance . Hometown Democracy 3