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Backup Documents 10/04/2016 COLLIER COUNTY Board of County Commissioners -,tII/ r-1 I. t , , if WORKSHOP AGENDA 5th Floor Training Room Collier County Government Center 3299 Tamiami Trail East,5th Floor Naples FL 34112 October 4,2016 1:00 P.M. Commissioner Donna Fiala,District 1-BCC Chair Commissioner Tim Nance,District 5-BCC Vice-Chair;CRAB Chair Commissioner Georgia Hiller,District 2-Community&Economic Development Chair Commissioner Tom Henning District 3 -PSCC Representative Commissioner Penny Taylor,District 4-CRAB Vice-Chair,TDC Chair 1. Pledge of Allegiance 2. 2017 Legislative Priorities 3. Public Comment 4. Adjourn Notice: All persons wishing to speak must turn in a speaker slip. Each speaker will receive no more than three(3)minutes. Collier County Ordinance No. 2003-53 as amended by Ordinance 2004-05 and 2007-24, requires that all lobbyists shall, before engaging in any lobbying activities(including but not limited to, addressing the Board of County Commissioners), register with the Clerk to the Board at the Board Minutes and Records Department. Cot ier County Office of the County Manager LEGISLATIVE MEMO DATE: September 27, 2016 TO: Board of County Commissioners Leo E. Ochs, Jr., County Manager Nick Casalanguida, Deputy County Manager FROM: Tim Durham, Executive Manager Corp. Business Operations Brandon T. Reed, Legislative Affairs Coordinator SUBJECT: Proposed State and Federal Legislative Priorities for 2017 This memo contains proposed state and federal priorities for the 2017 legislative cycle. It is based on prior Board direction; legislative needs identified by County staff in support of Board-approved programs and projects; ongoing or unresolved legislative issues from 2016; and legislative priorities shared with FAC and NACO. Our contract lobbyists/partners provided valuable input throughout this process, and they work very hard to continually identify and monitor legislative trends, issues, activity, and opportunities throughout the year. Once reviewed and approved by the Board of County Commissioners, the County's legislative priorities will guide all advocacy efforts in Tallahassee, FL, and Washington, DC,for the upcoming year. The following priorities are for the Board's review, consideration and input: Issues of Major Importance 1. Title: EMS Station at Mile Marker 63 Need: To provide a reliable long-term revenue stream to cover operating costs for the Collier County EMS Station at Mile Marker 63. (The current estimated annual operating cost is approximately$1.48 million.) Action: Amend section 338.26, Fla. Stat., so that Collier County can receive an incremental share of the toll revenue collected on Alligator Alley in order to operate the EMS Station at Mile Marker 63. (It may be possible to partner with Broward County to increase the likelihood of a statutory solution; Broward County has the same need.) 2. Title: Southwest Florida Promise Zone Need: To actively support the mission of the Southwest Florida Promise Zone(SFPZ),which is to improve economic opportunity through education; crime prevention, to include combating human trafficking; infrastructure improvements;and economic development. Action: Work with County staff and stakeholders to promote suitable Promise Zone(PZ) projects that will benefit Immokalee and the region. Facilitate coordination between County staff and our SFPZ partners. Provide administrative and research support to the Southwest Florida Regional Planning Council, the lead agency for the SFPZ. Mobilize elected officials to support specific initiatives from the SFPZ. 1 9/26/2016 1:55 PM 3. Title: Rural Area of Opportunity(RAO) Need: To leverage the recently renewed Rural Areas of Opportunity(RAO)designation for Immokalee to secure State funding and access State programs.(On September 13,2016, the BCC approved the required Memorandum of Agreement with the Department of Economic Development renewing the RAO program.) Action: Coordinate with County staff to maximize the preferences afforded through the Governor's RAO program. Use State funds secured through the RAO program to bolster PZ initiatives. 4. Title: Collier County Restore Comprehensive Watershed Improvement Project Need: To improve water quality throughout the entire watershed. This comprehensive and holistic project will reduce the harmful freshwater flows to Naples Bay, rehydrate 10,000 acres of the Picayune Strand State Forest,and restore historic freshwater flows to Rookery Bay. Action: Support staff in securing the necessary approvals and permits from State agencies to complete this transformational project. 5. Title: Workers Compensation Insurance Reform Need: To mitigate unfunded liabilities. The Florida Supreme Court recently invalidated the state's temporary total disability provision, ruling in Bradley Westphal v. City of St. Petersburg et al. that limiting benefits to 104 weeks is unconstitutional and creates a system that "no longer functions as a reasonable alternative to tort litigation." Further,the same court ruled in Marvin Castellanos v. Next Door Co. et al. that the Florida's attorney fee schedule is unconstitutional, as it hinders an injured worker's ability to obtain legal representation. To cover the projected impact of Castellanos, the National Council on Compensation Insurance Inc. subsequently proposed a 19.6% statewide average rate increase. In addition, NCCI has estimated that both cases present a potential unfunded liability to insured and self insured employer/carriers of$1,000,000,000.Both rulings present a significant cost impact to employers. Action: Amend Chapter 440, Fla.Stat.,to address the cost implications of the Westphal and Castellanos decisions to include a revised statutory cap on temporary total disability benefits at a level commensurate with objective,actuarially sound case data and/or in accordance with the severity of the injury.Further,we would request that the attorney fee statute be amended to allow for a reasonable plaintiff attorney fee,subject to a statutory cap with discretion delegated to the Judge of Compensation for special circumstances. 6. Title: Bicycle and Pedestrian Safety Need: To enhance bicycle and pedestrian safety in Southwest Florida. Action: Endorse legislative and policy efforts that improve bicycle and pedestrian safety. 7. Title: Payment In Lieu of Taxes(PILT)Program Need: To continue receiving PILT funds. For more than 40 years,the federal PILT program has been used to compensate local governments for lost property tax revenues from federal lands. Collier County has 511,767 PILI entitled acres,which generated $1.33 million in FY 2016. Action: Mobilize our delegation to encourage Congress to fully fund the PILT program. Funding Requests(State Appropriations) 1. Title: Goodland Dr,Rehabilitation Need: To elevate Goodland Dr. (CR 92A) so that the only vehicular access to Goodland remains open during and after rain events. Action: Request$2.0 million in State funds for preliminary engineering and design work. Fund: Fixed Capital Outlay- Economic Development Transportation Projects-Road Fund 2 9/26/2016 1:55 PM 2. Title: Replacement or Rehabilitation of Eleven(11)Bridges in Eastern Collier County Need: To replace or rehabilitate eleven (11) bridges in eastern Collier County that are well past their life expectancy.These bridges are critically important to the local economy(agribusiness) and for providing access for emergency services vehicles. Action: Request for$500,000 is for construction. (State funds(RAO)will be used to leverage a request for federal funding.through the Southwest Florida Promise Zone.) Fund: Fixed Capital Outlay- Economic Development Transportation Projects-Road Fund 3. Title: Golden Gate City Outfall System Replacement Program (Phase I) Need: To improve the collection, treatment and conveyance of stormwater runoff in Golden Gate City;the stormwater system in Golden Gate City is 50-years old and in desperate need of rehabilitation. Action: Request$950,000 for Phase I construction.(There is a commitment of$950,000 in local matching funds.) Fund: Grants and Aids to Local Governments and Nonstate Entities - Fixed Capital Outlay Grants and Aids-Water Projects 4. Title: Bayshore Gateway Triangle CRA Waterline Upgrades and Fire Suppression Improvements Need: To upgrade the waterlines in the Bayshore Gateway Triangle CRA, some of which are over 40 years old and undersized; and to improve fire suppression capabilities by increasing water flow and adding needed fire hydrants. Action: Request$750,000 for Phase II of this project. (Phase I was jointly funded by the City of Naples, $201,000, and the County through CBDG funds, $330,000. For Phase II, the County will match any State appropriation with CDBG funds and other sources.) Fund: Grants and Aids to Local Governments and Nonstate Entities - Fixed Capital Outlay Grants and Aids-Water Projects 5. Title: Pedestrian Bridge Connecting Gordon River Greenway Park with Freedom Park Need: To connect Gordon River Greenway Park with Freedom Park to multiply the recreational benefit of both parks. Action: Request$500,000 for design work. Fund: Fixed Capital Outlay- Economic Development Transportation Projects-Road Fund Issues to Monitor 1. Title: Inland Oil Drilling&High-Pressure Well Stimulation(Frocking) Need: To monitor legislation that could impact Collier County. It is unclear at this point if a bill on this topic will be reintroduced in 2017.It is also unclear what such a bill would look like.The activity remains essentially unregulated and permissible. A statewide ban is one possibility. Another possibility would be a moratorium until an independent peer-reviewed study is pre- sented to the Legislature for consideration at some future date. Action: Monitor and report on proposed bills pertaining to inland oil drilling and high-pressure well stimulation(fracking). 2. Title: Transportation Network Companies(TNC) Need: To monitor legislation that could impact Collier County. Last session comprehensive • legislation establishing minimum safety standards for TNC passed the Florida House 108-10, and a similar Senate bill made it through the committee process but died on calendar. It is anticipated that TNC legislation will be reintroduced in 2017.(The availability of safe and cost-effective transportation options are important to our visitors.) Action: Monitor and report on proposed bills pertaining to TNCs. 3 9/26/20161:55 PM 3. Title: Amendment No,2. Medical Marijuana Amendment 2,an initiative to legalize medical marijuana for certain debilitating diseases or conditions,is on the November 8,2016, ballot. A"yes" vote supports legalizing medical marijuana for individuals with specific debilitating diseases or comparable debilitating conditions as determined by a licensed state physician. A"no"vote opposes this proposal for legalization of medical marijuana, keeping the state's current more limited medical marijuana program in place. Amendment 2 requires the Department of Health to regulate marijuana production and distribution centers and issue identification cards for patients and caregivers. Financial Impact Statement: Increased costs from this amendment to state and local governments cannot be determined. There will be additional regulatory costs and enforcement activities associated with the production, sale, use and possession of medical marijuana. Fees may offset some of the regulatory costs. Sales tax will likely apply to most purchases, resulting in a substantial increase in state and local government revenues that cannot be determined precisely. The impact on property tax revenues cannot be determined. Source.Financial Impact Estimating Conference 4 9/26/2016 13S PM CD D 0 -gyp 3 cD -< o M P. 2 CD -< om m v = w C DJ p = Fri CI.SU r ten. 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