Agenda 04/26/2016 Item #11F 4/26/2016 11 .F.
EXECUTIVE SUMMARY
Recommendation to accept the staff report on the County's 2016 State & Federal
Legislative Priorities.
OBJECTIVE: For the Board of County Commissioners (BCC) to receive
consolidated presentations by Buchanan Ingersoll & Rooney, Becker & Poliakoff and
the Florida Association of Counties(FAC).
CONSIDERATION,: Each year the BCC approves federal and state legislative
priorities. County staff and legislative advocates formalize engagement strategies to
carry out Board approved lobbying activities. To date, significant advancements have
been accomplished.
• FAC Legislative Director, Lisa Hurley will review statewide county-focused
legislative activities.
• Keith Arnold, Brett Bacot, and Burt Saunders will review Collier County's
State activities.
• Amanda Wood will review and discuss Collier County's Federal activities.
FISCAL IMPACT: This presentation has no immediate fiscal impact.
GROWTH MANAGEMENT IMPACT: This presentation has no immediate growth
management impact.
LEGAL CONSIDERATIONS: This item has been reviewed by the County
Attorney, presents no legal issue, and requires majority vote for approval. -JAK
RECOMMENDATION: That the BCC receive these updates in consideration of the
2017 Collier County Legislative Priorities.
Prepared by Brandon Reed, Federal & State Legislative Affairs Coordinator
Attachments:
1. Presentation submitted by Florida Association of Counties
2. Collier County Scorecard submitted by Buchanan Ingersoll&Rooney in
coordination with Gray Robinson
3. Presentation submitted by Becker &Poliakoff
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4/26/2016 11 .F.
COLLIER COUNTY
Board of County Commissioners
Item Number: 11.11.F.
Item Summary: Recommendation to receive presentations relating to the 2016 State &
Federal Legislative Priorities.
Meeting Date: 4/26/2016
Prepared By
Name: ReedBrandon
Title: Legislative Affairs Coordinator,Communication& Customer Relations Division
4/6/2016 10:51:32 AM
Submitted by
Title: Legislative Affairs Coordinator, Communication&Customer Relations Division
Name: ReedBrandon
4/6/2016 10:51:34 AM
Approved By
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 4/14/2016 9:18:53 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 4/14/2016 3:09:28 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 4/14/2016 3:20:58 PM
Name: IsacksonMark
Title: Division Director-Corp Fin&Mgmt Svc, Office of Management&Budget
Date: 4/15/2016 11:20:22 AM
Name: CasalanguidaNick
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4/26/2016 11.F.
Title: Deputy County Manager, County Managers Office
Date: 4/15/2016 4:19:10 PM
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Session Wrap up
Quick Summary
Home rule hits a home run!
The 2016 Legislative session is
officially over and it was a banner year
for local governments. The county
- lobbying corps had to contend with
4161
over 40 bills that contained
preemptions, unfunded mandates or
, attempts to cap local property taxes.
Thanks to a unified team effort most
of these bills did not pass. Some of
the biggest wins this session:
1. Juvenile Detention Cost Share (SB 1322) after more than a decade, a grossly
flawed billing system will end and counties will no longer have to live under
unpredictable and unfair billing practices.
2. Relocation of Utilities (SB 416)the bill was amended to stop the shifting of costs
to counties for relocating private utilities in a public right of way.
3. Behavioral Health (SB 12; SB 1534; HB 439; HB 977) legislation that will
enhance the coordination of programs and services to person with behavioral
health issues and an increase in supportive housing.
4. Tax reform impacts are kept to a minimum with only$8.7 million in recurring
and $3.24 million in recurring impact to counties.
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FAC Leg Update: Quick Session Wrap Up Page 2 of 6
4/26/2016 11.F.
5. Amendment 1 Funding(HB 989): Ensure dedicated funding of at least$200 for
Everglades restoration and $50 million for springs protection. While not
included in the bill, $32 million was appropriated for beach renourishment and
over$80 million for water projects
6. Water (SB 552)the first comprehensive water policy that has passed in over a
decade.
Some of the preemptions/unfunded mandates the county team was successful in
stopping:
• STOPPED elimination of medical examiners fee
• STOPPED capping of county emergency transportation fees
• STOPPED preemption of TNCs (Uber/Lyft)
• STOPPED mandating county COPCNs ordinances
• STOPPED repeal of red light cameras
• STOPPED preemption of county public contracting ordinances
• STOPPED mandatory county procurement for third party debt collector
• STOPPED increased voting threshold for local tax referenda
• STOPPED preemption of county flow control ordinances
• STOPPED mandatory holding of ICE detainees
If you need more information or questions, please contact FAC Legislative Director Lisa
Hurley.
Session Summary
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FAC Leg Update: Quick Session Wrap Up Page 3 of 6
4/26/2016 11 .F.
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The fate of many bills is determined on the last day of session. Below is a list of the
major bills FAC was tracking and their final outcome.
Bills that have passed / Presented to the Governor
HB 977 (Peters) Behavioral Health Workforce
SB 12 (Garcia) Mental Health and Substance
Abuse
SB 922 (Montford) Solid Waste Mnagement
SB 190 (Hutson) Conservation Easements
SB 1046 (Hutson) Farm Vehicles
SB 1312 Protection Zones for Springs Amended onto HB 1075
State Lands
HB 1075 (Caldwell) State Lands
HB 7025 Relating to at-risk Vessels
HB 589 Environmental Control Minus the flow control
language
HB 499 (Avila) Ad Volorem Taxation (Value
Adjustment Boards)
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FAC Leg Update: Quick Session Wrap Up Page 4 of 6
4/26/2016 11.F.
HB 439 (McBurney) Mental Health Services in Criminal
Justice System
HB 1361 (LaRosa) Growth Management
HB 307 (Geatz) Medical Use of Cannabis
HB 7007 Department of Agriculture & Polystyrene preemption
Consumer Services
HB 773 (Albritton) Special Assessments on
Agricultural Lands
HB 7099 Tax Package
SB 1044 (Brandes) Civil Forfeiture Reform
SB 1534 (Simmons) Housing Assistance
SB 124(Evers) Public Private Partnerships
HB 7071 (Workman) Public Corruption
SB 1322 (Latvala) Juvenile Detention Costs Whoop! Whoop!
SB 1168/HB 989 Implementation of Amendment 1
HJR 275 Property Tax exemption Seniors/ *Proposed constitutional
Low-Income Residents amendment
HJR 1009 Property Tax exemption totally& *Proposed constitutional
Permanently First Responders amendment
HB 195 (Rodrigues) Renewable Energy Implementing
Bill
HJR 193 (Rodrigues) Renewable Energy Devises *Proposed constitutional
amendment
HB 525 small Community Sewer Signed by Governor
construction Assistance March 10, 2016
SB 416(Flores) Relocation of Utilities Signed by Governor
March 10, 2016
SB 386 (Detert) Expunction of Records of Minors Signed by Governor
March 10, 2016
HB 131 (Young) Unattended Persons/Animals in Presented to Governor
Vehicles March 1, 2016
HB 7023 (F&T) Ad Valorem Tax exemption Presented to Governor
Deployed Service Members March 1, 2016
HB 7033 (Gov Ops) OGSR/Emergency Notification Presented to Governor
Information March 1, 2016
HB 59 (Combee) Agritourism Passed
March 1, 2016
SB 130 (Richter) Backyard Gun Ranges
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4/26/2016 11 .F.
Signed by Governor
February 25, 2016
SB 552 (Dean) Comprehensive Water Signed by Governor
January 21, 2016
HB 273 (Beshears) Public Records Presented to Governor
March 1, 2016
HB 91 (Steube) Severe Injuries Caused by Dogs Presented to Governor
March 1, 2016
Bills that have failed
SB 1442/ HB 221 Out of Network Health Insurance Coverage
HB 351/SB 92 Contaminated Sites
SB 1204/ HB 1069 Water Resources
SB 658/ HB 851 Onsite Sewage Treatment and Disposal Systems
SB 1192/ HB 1387 Waste Management
HB 509 Transportation Network Companies (Uber)
HB 7009 Relating to Local Government Capital Recovery
SB 1074/ HB 7015 Relating to Property Tax Assessments (Recapture)
SB 256 Relating to Tax on Communications Servcies
SB 168/ HB 4027 Red Light Camera Repeal
SB 598/ HB 181 Public Works Projects
SB 686/ HB 593 Government Accountability
SB 584/ HB 929 Peril of Flood
SB 648/ HB 165 County Constitutional Officers
SB 618/ HB 1031 Prearrest Diversion Programs
SB 872/ HB 657 Federal Immigration Enforcement
SB 1646/HB 1325 Economic Development
SB 1220/HB 1021 Attorney Fees for Public Records
SB 1100/HB 791 Local Tax Referenda
SB 742/ HB 517 Certificates of Public Convenience or Need
SB 1222/ HB 1015 Maximum Millage
SB 318/ HB 191 Fracking
FAC ANALYSIS: HOUSE AND SENATE APPROPRIATIONS
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4/26/2016 11.F.
2016 SIGNIFICANT BILL SUMMARY
Florida Association of Counties I (850) 922-4300 l www-fl-counties.com
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Session Summary
The now ended 2016 regular session of the Florida legislature was not without substance or
symbolism. The story of the 2016 session is twofold. The first chapter is the detente between the House
and the Senate after the bitter meltdown of last year over Medicaid expansion. Speaker Crisafulli's
number one priority - comprehensive water policy legislation - and President Gardiner's number one
priority - additional assistance for individuals with special needs - passed in the first week of the
session, removing from their hands the wrenches that so often grind the last week of the session to a
halt. Subsequently, the Legislature was able to finish their work on time with a minimum of rancor. The
Legislature was also able to cross off their list sweeping school choice legislation, anti-corruption
measures, resolution to the juvenile detention payment methodology with counties, healthcare payment
transparency, substance abuse and mental health reform, long sought after nurse prescribing
privileges, and medical marijuana among others.
The second chapter- and perhaps of more significance- is how the legislature deprived Governor Scott
on his top three priorities. His $1 billion request for a reduction in state levied taxes, ended up as a far
more modest $400 million in targeted tax reductions and lower local school property tax relief, coming
up far short of the Governor's request.
The Legislature also refused to fund an additional $250 million for incentives for business relocations
and expansions, a practice characterized by House leadership as corporate welfare. And the ratification
of the new seven year Seminole gaming compact, representing $3 billion in projected revenues was
never brought to a vote by either the House or Senate. Both were priorities of the Governor.
And finally, the Senate refused to confirm the Governor's nominee for Secretary of the Department of „
Health, thus costing an incumbent member of the Governor's leadership team his job, the first time that
has happened in 20 years.
In the end, however, Governor Scott declared victory and congratulated lawmakers on passage of the
$82 billion declaring $1 billion in tax cuts over two years and record levels of spending in education.
The Governor ultimately vetoed $256 million out of the budget, a significant reduction from the previous
year's $456 million in vetoes.
On the following pages you will find a Collier County legislative scorecard, summaries of important local
government related bills that passed, and summaries for other major legislation that both passed and
failed this session categorized by subject matter. Details of the $82 billion FY 2016-17 State Budget are
also included.
Many of the bills passed have not been acted upon by the Governor yet, so the current status of each
bill is indicated on the title line. The full text of the bills and legislative staff analyses can be found at
www.leq.state.fl.us.
We genuinely appreciate the confidence you place in our team, and we will continue to strive to provide
the best service possible.
2016 LEGISLATIVE SUMMARY I 1
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Ro ell PART\ERS-H
Collier Legislative Priorities Scorecard
Inland Oil Drilling & Fracking —The Board of County Commissioners (BCC) has requested
assistance from the Collier County Legislative Delegation to support legislation that improves and
strengthens state rules and regulations governing oil well drilling activities.
The latest version of the bills (HB 191/SB 318) contained provisions allowing local governments
to regulate zoning and land use requirements related to fracking area, a peer reviewed study
including proper disposal of chemicals and other waste produced from drilling, and disclosure of
chemicals to FDEP. The bills included a preemption of local governments related to fracking.
HB 191 passed the House, but the Senate companion was voted down in Senate
Appropriations Committee by a 10-9 vote killing the issue for 2016.
Human Trafficking — Continue working with the Collier County Sheriff's Office to add measures to
the 2012 Florida Human Trafficking Law that improve and strengthen current legislation.
HB 545 Human Trafficking passed this session which reclassifies human trafficking offenses
under s. 787.06, F.S., if a person causes great bodily harm, permanent disability, or permanent
disfigurement to another person and clarifies that a person can be convicted of branding a
victim of human trafficking if the branding is for the purpose of committing or facilitating the
offense of human trafficking. The bill also adds human trafficking as a qualifying felony offense
for first degree felony murder.
SB 1294 Victim and Witness Protection also passed this year which increases protections for
minors and victims of human trafficking by increasing the age for protection of court orders to
victims and witnesses and increasing the age for witness or victim testimony via videotape or
closed circuit television.
Bike and Pedestrian Safety— Collier County will continue to work with Florida Department of
Transportation (FDOT) District One Secretary Billy Hattaway and the Florida Legislature to increase
bike and pedestrian safety.
HB 253 and SB 332 were introduced this session by Representative Passidomo and Senator
Altman to address vulnerable users of Florida's highways.The respective bills passed all
committee references but died on the calander awaiting floor action.
University of Florida/Institute of Food and Agricultural Sciences (UF/IFAS) — Collier County
supports the $1.15 million budget request made by OF/IFAS and the South Florida Ag Council to
the Florida Legislature for continued funding of the Southwest Florida Research and Education
Center.
The IFAS Workload at$4 million includes the $1.15 million request for lmmokalee ($3.5 million
Workload plus$400K for Greenhouses)per the agreement betweeen the University of Florida,
the lmmokalee Center, and Senator Richter.
2016 LEGISLATIVE SUMMARY I 2
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SouthWest Florida Collier County Immokalee/Naples Business Accelerator Program - Collier
County requests $5.5 million from the Florida Legislature to support economic development
initiatives.
The accelerator project was ultimately funded at$2 million by the Legislature and approved by
the Governor through the Department of Economic Opportunity; $250,000 is transferred to
Florida Gulf Coast University Institute for Entrepreneurship and Economic Incubators, Inc. to
administer the program.
Uber—Aligning with the Florida Association of Counties (FAC), Collier County supports maintaining
the integrity of home rule power, which allows counties to regulate taxis, limousines, ride-sharing
services, and jitneys for the purpose of public safety and consumer protection.
HB 509 Transportation Network Companies passed the House but died in the Senate. The bill
preempted local governments authority to regulate ride sharing companies by creating a
statewide regulatory framework for such activities.
SB 1118 Transportation Company Network Insurance required a statement in certain crash
reports as to whether any driver at the time of the accident was providing a prearranged ride or
logged into a digital network of a transportation network company. It also requiried a
transportation network company driver, or the transportation network company on the driver's
behalf, to maintain certain primary automobile insurance. The bill died in the Senate.
Article V—Collier County supports additional funding for courts.
The budget includes$8.5 million additional dollars for shortfalls in the State Court Revenue
Trust Fund and $24.6 million to compensate clerks for juror costs.
Water Project Requests
Collier County requested funding allocations from 2016 Florida Legislature appropriations for
water quality projects identified as critical needs in the community:
1. Naples Park Phase II $1,650,000
2. Golden Gate City $700,000
3. Griffin Road $750,000
4. Haldeman Weir $500,000
While $80 million was provided for statewide water projects, there are over$670 million in
requests. The Legislature ultimately funded Naples Park Phase II at$750,000.
Gulf Consortium —Support Collier County's continued participation in the federal RESTORE Act
directives, including the State of Florida's Gulf Consortium.
Collier County will be submitting a Grant request for Restore Act funding via Component 2—
Comprehensive Plan Component. This will be a significant funding request to execute a
comprehensive watershed improvement plan to restore historical watershed flow in the County,
improve water quality and restore habitat.
2016 LEGISLATIVE SUMMARY 3
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Utility Relocation Expense moved to Local Governments — Like the Florida Association of
Counties (FAC) and the Florida League of Cities (FLC), the county opposes legislation requiring
counties to pay for the relocation of private utilities when such utilities are located within a county-
owned right of way and must be moved to accommodate a county project.
SB 416 Utility Relocation passed the full Legislature after it was amended taking out references
to right of way applying only to public easements. After this change, the Florida Association of
Counties was neutral on the bill.
The bill does reduce a county's authority to grant licenses for lines to only locations under, on,
over, across, or within the right-of-way limits of a county highway or public road, as opposed to
under, on, over, across and along such highways or roads.
Tourism & Entertainment Incentives— Protect the current level of funding to VISIT FLORIDA and
support increased funding. Also, support Entertainment Incentives for TV, film.
Visit Florida was funded at$76 million for FY 2016-17 but tax credits/incentives for
entertainment related activities failed to pass this year.
Growth Management & Impact Fees —Continue to support growth management regulations and
home rule authority over administration of Collier County's existing impact fee program.
HB 1325 Economic Development contained a prohibition on impact fees for transportation
projects and businesses under 6000 square feet until July 1, 2019 and passed the full House.
However, a similar provision never made it into a Senate bill, so the prohibition failed to pass.
Public Record Requests — Request legislation adding to current public records law 119.07(1) a
provision that includes Emergency Medical Technicians (EMT's) and Paramedics as exemptions,
like firefighters and law enforcement.
The record exemption language for EMT's from HB 463 was added to SB 592 and was passed
by the full Legislature on March 8th. The bill was signed into law on March 30th
Communications Services Tax(CST)—Oppose any legislation that would reduce or eliminate the
CST; support present CST collections. Loss of CST represents $5 million annual impact to Collier
County; Monitor SB 256.
The CST tax reduction did not make it into the final tax package (HB 7099) this year, so ithe
provision did not pass.
Transportation—Oppose diverting funds from the State Transportation Trust Fund to non-
transportation projects.
The DOT Work Program was fully funded at$9.8 billion.The budget also includes $55.2 million
for Transportation Disadvantaged program.
2016 LEGISLATIVE SUMMARY I 4
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Libraries —Continue to support State Aid to Libraries and the Southwest Florida Library Network
(SWFLN). Last session, there was about$34 million in statewide allocations.
State Aid to Libraries was funded at$22.3 million for FY 2016-17.
Gaming.—Continue to monitor the new Seminole Gaming Compact being negotiated by Governor
Rick Scott and the Seminole tribe.
A compact agreement was reached between Seminoles and Governor but the legislation (SB
7074/HB 7111)ratifying the agreement failed to pass this session.
Offshore Oil and Gas Drilling - Continue to support permanently prohibiting offshore oil and gas
drilling in Florida territorial waters, which are within nine (9) geographic miles from the coast of the
Gulf of Mexico.
There were no legislative activities on offshore drilling this session.
Annexation of Isles of Capri and Collier Fire District into Greater Naples Fire Rescue District-
Collier County supports continued efforts to consolidate fire services within the unincorporated
county, and supports the annexation of Collier Fire District(District One).
HB 1265 Greater Naples Fire Rescue District proposes to annex the area currently serviced by
the Isles of Capri MSTU into the Greater Naples Fire Rescue District subject to approval in a
referendum by a majority of resident electors in the affected area. The merger should result in a
reduced tax burden for residents in the annexed area and improved response time. The bill
passed the Legislature and was approved by the Governor on March 25th
2016 LEGISLATIVE SUMMARY I 5
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BECKER &
POLIAKOFF
MEMORANDUM
TO: Collier County Commission
FROM: Amanda Wood and Omar Franco,Becker&Poliakoff
DATE April 5,2016
RE: Collier County Federal Advocacy Report
Thank you for the opportunity to continue to advocate on behalf of the Collier County in Washington,
DC. Following are our most recent federal activities:
Agenda Building Session and Draft Agenda Development
To assist the County in setting short and long term federal priorities, the Becker & Poliakoff team
travelled to Collier County for meetings with your department heads. This was an opportunity to
explore all aspects of the County's priorities (funding for construction, services, federal permitting, etc.)
Based on this information, we developed a draft strategy and federal agenda that will serve as the work
plan for the coming year.
Meetings in DC
Following approval of the County's federal agenda, Commissioner Hiller traveled to DC for meetings
with the Delegation, White House Office of Intergovernmental Affairs, United States Department of
Transportation, US Environmental Protection Agency, and US Army Corps of Engineers. Having the
Commissioner here to personally advocate for the County's interests was invaluable and we had the
opportunity to highlight and advance the following issues, among others:
• Funding for transportation infrastructure through the TIGER and Fast Lane programs
• Permitting for the Clam Pass dredging project
• Innovative financing for County water infrastructure needs through the WIFIA program
• Collier County's work in the area of human trafficking prevention
• Economic development and infrastructure in Immokalee
• FEMA appeals process and deobligation of funds
FEMA Deobligation Legislative Solution
We are working with members of the Florida delegation on language that would restrict FEMA's ability
to de-obligate funds many years after a disaster. As you are well aware,they have recently been de-
obligating funds as much as a decade after an event. If we are successful and this language stays in the
FEMA authorization bill and or is included through the appropriations process, FEMA would only be
permitted to audit and deobligate for three (3)years after a project is closed out by the grantee.
Grant Assistance
Becker & Poliakoff has worked to identify potential funding sources for local projects including
neighborhood revitalization, transportation infrastructure, public transit, and public safety needs. We
are available to assist with reviewing the application, building political support, building an appropriate
and effective grant budget and narrative, and assisting with drawdown of funds, and are currently
working to secure letters of support for your TIGER grant projects.
Legislative Advocacy
We continue to actively advocate for the County's position on legislative matters including the following:
• Maintaining Tax Exempt Status of Municipal Bonds
• EPA Waters of the United States Rule
• Support for Federal Payment in LR Packet Page -333-