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Agenda 10/23/2012 Item #11A 10/23/2012 Item 11 .A. EXECUTIVE SUMMARY Recommendation to review and approve the proposed Collier County 2013 State Legislative Priorities OBJECTIVE: To review and approve the proposed list of Collier County 2013 State Legislative Priorities. These Board-approved priorities will be presented by a member of the County Commission at the Collier County Legislative Delegation Public Hearing on Wednesday, November 14, 2012 beginning at 2 p.m. in the Board of County Commissioners chambers. CONSIDERATION: Each year prior to the start of the 60-day state legislative session the following March, staff prepares a draft list of legislative priorities for Board consideration. This year's proposed list is a compilation of the previous year's priorities that have continuing relevancy, and additional issues that have emerged throughout the year. A section following the main priorities recommends monitoring and assessing the impacts of passed bills as well as failed legislation expected to return. Included also are several issues Commissioners may want to consider that the Florida Association of Counties (FAC) highlighted at their Policy Committee Conference in September 2012 and members will vote on at the FAC Legislative Conference in November. They are candidates for inclusion in the FAC 2013 Legislative Program. The proposed Collier County 2013 State Legislative Priorities are listed below. Please see attached detail. Collier County 2013 State Lezislative Priorities The Board of County Commissioners on behalf of the citizens advocates for the overall principles of preserving the Home Rule authority of local governments; opposing state Preemption; opposing Unfunded Mandates; and protecting against diverting Trust Funds. A. Public Safety Center on Alligator Alley—Oppose changes to the existing statute that provides both construction and operational funding for the proposed Public Safety Center being constructed by the Florida Department of Transportation (FDOT) at Mile Marker 63. B. Beach Funding & Maintenance— Advocate for increased funding for beach renourishment and maintenance. C. Offshore Drilling in Gulf of Mexico—Support permanently prohibiting offshore oil and gas drilling in Florida territorial waters within nine (9) miles of the coast. Packet Page -107- 10/23/2012 Item 11.A. D. 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. E. Impact Fees—Support home rule authority over administration of Collier County's existing impact fee program. F. Libraries—Support State Aid to Libraries and cooperatives like the Southwest Florida Library Network(SWFLN). G. Everglades Boulevard/Interstate 75 Interchange— Support this critical public safety need for evacuations in emergencies, including wildfires and hurricanes. H. Transportation Disadvantaged Program— Support continued restoration of funding by the Florida Legislature of the Transportation Disadvantaged (TD)program. The number of TD trip requests in Collier continues to increase. Enacted Legislation &Issues to Monitor: • Transportation — Oppose diverting the Transportation Trust Fund to non-transportation projects; $200 million was transferred in 2012 from the Transportation Trust Fund into general state spending; oppose regionalization of Metropolitan Planning Organizations (MPO's). • Growth Management — Monitor any new Growth Management legislation, including Permitting Transportation Concurrency, Proportionate Share. • Property Insurance — Senate Bill 408 passed in 2011, made numerous changes to property insurance that intended on lowering the regulations for insurance companies, stimulating competition, and attracting more insurers back to Florida. • Non-Judicial Foreclosures — Continue to oppose any foreclosure legislation that threatens residents'due process and property owner rights. • Pretrial Detention &Release Programs— Continue to oppose legislation altering pretrial programs; increased jail populations result; bills are supported by growing bail bond industry and expected to return. The Collier Sheriff's Office and Court Administration are also opposed to the proposed bills. • Regional Planning Councils—Monitor the funding of RPC's statewide. New Issues for Consideration: • Synthetic Drugs — Support, like FAC, expanding the controlled substance schedule to include new versions of synthetic formulas that copy the effects of illegal drugs. Support prohibiting certain types of packaging and marketing of any products claiming to mimic the effects of illegal drugs. Known as synthetic marijuana, spice, bath salts, and a myriad of other names, these substances are being sold at local service stations and convenience stores, can be highly addictive, unpredictable, and attractive to youth and young adults. Packet Page -108- 10/23/2012 Item 11.A. • Procurement—Support, as FAC does, legislation amending the Consultants Competitive Negotiation Act (CCNA) to establish an optional (alternative) process for state and local entities to consider cost in the award of professional services agreements. • No Kill Animal Shelters — Oppose, like FAC, mandating No Kill Animal Shelters statewide. According to FAC, a No Kill Shelter movement is moving across Florida county by county. Some counties have enacted ordinances with restrictions on the euthanization of animals. • Pensions — As FAC's policy statement reads: Oppose any Florida Retirement System (FRS) benefit changes that result in an increase in the FRS county and county employee contribution rates. Support requiring all legislation that potentially results in an increase in the FRS contribution rate to be analyzed and evaluated to determine the direct fiscal impact of proposed changes to all local governments and the state to be eligible for consideration. • Medicaid — Like FAC, encourage the state to overhaul the system and pursue an equitable method of collection of payments owed from counties on behalf of residents and patients. Addressing and cleansing of data must assure billing invoices disbursed are accurate and reflect true services rendered. 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: This item has been reviewed by the County Attorney, and is a pure policy decision for the Board; no legal issues are raised. This item requires majority vote for approval. JAK RECOMMENDATION: That the Board of County Commissioners reviews and approves the proposed Collier County 2013 State Legislative Priorities. Prepared by Debbie Wight, Legislative Affairs Coordinator Packet Page-109- 10/23/2012 Item 11 .A. COLLIER COUNTY Board of County Commissioners Item Number: 11.A. Item Summary: Recommendation to review and approve the proposed Collier County 2013 State Legislative Priorities. (Debbie Wight, Legislative Affairs Coordinator) Meeting Date: 10/23/2012 Prepared By Name: CurranJanet Title: Supervisor-Operations,Communication&Customer R 10/15/2012 2:06:46 PM Submitted by Title: Legislative Affairs Coordinator, Name: WightDebbie 10/15/2012 2:06:47 PM Approved By Name: OchsLeo Title: County Manager Date: 10/15/2012 5:21:47 PM Name: SheffieldMichael Title: Manager-Business Operations, CMO Date: 10/16/2012 9:23:45 AM Name: OchsLeo Title: County Manager Date: 10/16/2012 9:53:44 AM Packet Page-110- 10/23/2012 Item 11.A. Ilk Collier County 2013 State Legislative Priorities PROPOSED The Board of County Commissioners on behalf of Collier County citizens advocates for the overall principles of preserving the Home Rule authority of local governments; opposing state Preemption; opposing Unfunded Mandates; and protecting against Trust Fund Diversions. A. Public Safety Center on Alligator Alley—Oppose changes to the existing statute that provides both construction and operational funding for the proposed Public Safety Center being constructed by the Florida Department of Transportation (FDOT) at Mile Marker 63. B. Beach Funding & Maintenance — Advocate for increased funding for beach renourishment and maintenance for coastal counties; beaches continue to be the State of Florida's economic engine and tourism industry driver, attracting visitors and creating jobs. In the FY 2012-2013 FDEP Beach Management budget, $14.8 million was "allocated to the seven (7) highest prioritized projects." C. Offshore Drilling in Gulf of Mexico— 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. Support state demands that the federal government exert rigorous oversight of any current and future drilling outside state waters and insist no monetary limitations for any drilling mishap are set. D. 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. Specifically, oppose state legislation mandating local governments cap revenue and expenditures. E. Impact Fees —Support home rule authority over administration of Collier County's existing impact fee program. In 2012, no significant stand-alone Ask legislation passed regarding impact fees. In 2011, SB 410 passed as a response to 1 Packet Page -111- 10/23/2012 Item 11 .A. litigation regarding HB 227 of 2009. The bill reenacts the section of law that created the preponderance of evidence standard of review for local governments in cases challenging the imposition or amount of an impact fee. F. Libraries—Support State Aid to Libraries and cooperatives like the Southwest Florida Library Network(SWFLN). Full funding for Library multi-type cooperatives is about$1.5 million. That amount was passed by both Senate and House in FY 2012,but vetoed by the Governor. The funding is used to provide a variety of services that support library services to all types of libraries in Florida. The Collier local coop `SWFLN' provides staff training, support for delivery of library materials for Inter-Library Loan, etc. G. Everglades Boulevard/Interstate 75 Interchange— Support this critical public safety need for evacuations in emergencies, including wildfires and hurricanes An interchange at Everglades Boulevard will provide increased mobility and local access to I-75 thereby reducing vehicle miles traveled, vehicle hours traveled, fuel consumption and a corresponding reduction in greenhouse gas emissions. Collier County Growth Management staff met with Florida Depai ltnent of Transportation(FDOT) staff Oct. 1 to review the county's responses to FDOT comments on the Interchange Justification Report(IJR). Staff also reviewed potential direction for the upcoming Interchange Review Staff(IRS) meeting scheduled for Oct. 29 when county staff will make an informal presentation to the FDOT and Federal Highway Administration(FHWA) re an interchange at either Everglades Boulevard or Desoto Boulevard. The state has not yet finalized the Cumulative Effects Evaluation(CEE) study. H. Transportation Disadvantaged Program— Support continued restoration of funding by the Florida Legislature of the Transportation Disadvantaged (TD) program and assure that the additional $10 million committed in 2012 (SB 1998) for funding in FY 2013-14 is secure. The county is no longer the provider of Medicaid non-emergency transportation services, but continues to serve as the Community Transportation Coordinator(CTC) for all other TD services. In the 2012 Legislative Session,the Legislature provided an additional $5 million for TD services statewide. In 2012, Collier County received: Trip and Equipment Grant $679,971, FTA Grant $254,781, and local funding $2,528,100. The total 2012 budget: $3,462,852 Enacted Legislation & Issues to Monitor: • Transportation — Oppose diverting the Transportation Trust Fund to non- transportation projects; $200 million was transferred in 2012 from the Transportation Trust Fund into general state spending; oppose regionalization of Metropolitan Planning Organizations (MPO's). 2 Packet Page-112- 10/23/2012 Item 11.A. • Growth Management — Monitor any new Growth Management legislation, aftik including Permitting, Transportation Concurrency, Proportionate Share. • Property Insurance—Senate Bill 408 passed in 2011, made numerous changes to property insurance that intended on lowering the regulations for insurance companies, stimulating competition, and attracting more insurers back to Florida. • Non-Judicial Foreclosures— Continue to oppose any foreclosure legislation that threatens residents'due process and property owner rights. • Pretrial Detention & Release Programs— Continue to oppose legislation altering pretrial programs; increased jail populations result; bills are supported by growing bail bond industry and expected to return. The Collier Sheriff's Office and Court Administration are also opposed to the proposed bills. • Regional Planning Councils—Monitor the funding of RPC's statewide. New Issues for Consideration: • Synthetic Drugs — Support, like FAC, expanding the controlled substance schedule to include new versions of synthetic formulas that copy the effects of illegal drugs. Support prohibiting certain types of packaging and marketing of any products claiming to mimic the effects of illegal drugs. Known as synthetic marijuana, spice, bath salts, and a myriad of other names, these substances are being sold at local service stations and convenience stores, can be highly addictive, unpredictable, and attractive to youth and young adults. Marketed with packaging and affordable price aimed at youth. Effects vary as mixtures are inconsistent. The most recent bill, House Bill 1175 of 2012, lists 142 synthetic stimulants currently on the controlled substance schedule. The Collier County Sheriff's Office and Drug Free Collier held a joint session in August 2012 to educate the community and provide information. • Procurement — Support, as FAC does, legislation amending the Consultants Competitive Negotiation Act (CCNA) to establish an optional (alternative) process for state and local entities to consider cost in the award of professional services agreements. Bills were filed last session, Senate Bill 246 and House Bill 155, seeking to amend the CCNA statute to include a "Best Value" option when competitively bidding professional services while also maintaining the current CCNA option for agencies to utilize at their own discretion. • No Kill Animal Shelters — Oppose, like FAC, mandating No Kill Animal Shelters statewide. According to FAC, a No Kill Shelter movement is moving across Florida county by county. Some counties have enacted ordinances with restrictions on the euthanization of animals. Last year legislation was filed seeking to prohibit any animal control agency or animal shelter from euthanizing an animal until the animal control agency or animal shelter notified, attempted to Ask 3 Packet Page -113- 10/23/2012 Item 11 .A. notify, all rescue groups or persons on the euthanization registry, which have indicated a willingness to take that type of animal. • Pensions — As FAC's policy statement reads: Oppose any Florida Retirement System (FRS) benefit changes that result in an increase in the FRS county and county employee contribution rates. Support requiring all legislation that potentially results in an increase in the FRS contribution rate to be analyzed and evaluated to determine the direct fiscal impact of proposed changes to all local governments and the state to be eligible for consideration. • Medicaid—Encourage the state to overhaul the system and pursue an equitable method of collecting payments owed from counties on behalf of residents and patients. Addressing and cleansing of data must assure billing invoices disbursed are accurate. 4 Packet Page-114-