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Agenda 07/26/2011 Item #10C7/26/2011 Item 10.C. EXECUTIVE SUMMARY Recommendation to review and approve the proposed Collier County 2012 State Legislative Priorities OBJECTIVE: To review and approve the proposed list of Collier County 2012 State Legislative Priorities which will then be presented by a member of the County Commission at the Collier County Legislative Delegation Public Hearing on Thursday. August, 18, 2011 beginning at 2 p.m. in the Naples City Council chamber at Naples City Hall, 735 8th Street South. CONSIDERATION: Each year prior to the start of the state legislative session, 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 2011 passed bills as well as failed legislation expected to return in 2012. Collier County's state lobbying firm. J. Keith Arnold & Associates, and the Florida Association of Counties (FAC) consistently prove to be invaluable resources to staff and the Board, consulting and advising on a variety of legislative strategies and addressing policy issues. Partnering with them in Tallahassee has assisted the Board and staff advocate interests and achieve results on behalf of citizens. The proposed Collier County 2012 State Legislative Priorities include: Collier Counts, 2012 State Legislative Priorities The Board of County Commissioners on behalf of the citizens advocates for the overall principles ofpreserving the Home Rule authority of local governments: opposing state Preemption: opposing Unfunded Mandates; and protecting against Trust Fund Diversions. Economic Development— Maximize opportunities and provide incentives for new businesses to move to Collier County and for local businesses to expand; emphasize job creation and growth. Illegal Immigration — Support initiatives at the state level — such as expanding the Governor's Executive Order 11-02 of January 4. 2011 which requires all state agencies under his direction to use U.S. Department of Homeland Security's E- Verify system for employment verification. Advocating also for the 287(g) criminal alien identification program would aid in reducing the number of illegal immigrants living and working in the State of Florida. 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. Specificalh, oppose state legislation mandating local governments cap revenue and expenditures. Packet Page -699- 7/26/2011 Item 1O.C. Impact Fees — Support home rule authority over administration of Collier County's existing impact fee program. In 2011, SB 410 passed, as a response to litigation regarding HB 227, which passed in 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. Offshore Drilling in Gulf of Mexico — Support permanently prohibiting offshore oil and gas drilling within Florida territorial waters. Support state demands that the federal government exert rigorous oversight of any current and future drilling and insist no monetary limitations for any drilling mishap are set. Libraries — Support State Aid to Libraries and cooperatives like the Southwest Florida Library Network. Everglades Boulevard /Interstate 75 Interchange — Support this critical public safety need for evacuations in emergencies, including wildfires and hurricanes, which is also Collier County's top federal project. Septic Tanks — Repeal provisions in Senate Bill 550 of 2010 mandating septic tank inspections or repeal SB 550 in entirety. Transportation Disadvantaged Program — The Florida Legislature cut Medicaid funding for Transportation Disadvantaged in the 2011 Legislative Session. Support restoring funding to previous levels; Collier program has been cut about 4.8 percent, representing an average of . $1,700 a month from July 2011 to June 2012. The number of trip requests is increasing. Private hunting camps in preserves— Waive requirements or adapt provisions in the Florida Building Code to address permitting of hunting camps in preserve areas. Enacted Legislation & Issues to Monitor: • OehopeelEMS & Fire Station on I -75 — Continue moving forward execution of the construction and operation of the Fire /EMS facility at Mile Marker 63 with Alligator Allev, excess toll revenues as mandated by the Florida Legislature in Senate Bill 2152 in the 2011 Legislative Session, that was then approved by Governor Scott on Mm, 26, 2011. • Transportation — Oppose diverting the Transportation Trust Fund to non - transportation projects: $150 million was transferred in 2011 from the Transportation Trust Fund into general state spending: oppose regionalization of Metropolitan Planning Organizations (MPO'sl. • Growth Management — Monitor efects of House Bill -207 /Growth Management/ passed in 2011, including Permitting. Transportation Concurrence. • Numeric Nutrient Criteria -- Oppose one -size -fits -all mandates imposed on states by the federal EPA: Support state DEP regulations to be developed based on sound science to address the variety of water bodies and sources in Florida's coastal and non - coastal counties. • Consultants Competitive Negotiation Act (CCNA) — CCNA legislative reform allows agencies the discretion to continue lo procure architectural or engineering services based strielty upon qualifications, or as an alternative to select firms on a "best value " which is taking into consideration both price and qualifications. Sen. Bennett Packet Page -700- 7/26/2011 Item 10.C. Fled a procurement bill, but it failed in 2011. Legislation is expected to be filed again in 2012. • Property Insurance — SB 408, sponsored by Sen. Richter, passed in the 2011 Legislative Session, making numerous changes to property insurance, that intend on lowering the regulations for insurance companies, stimulating competition, attracting more insurers back to Florida, creating a more predictable property insurance market by addressing cost drivers like sinkhole claims and making adjustments to claimsfilingperiods. • Non - Judicial Foreclosures -- Continue to oppose any foreclosure legislation that threatens residents' dueprocess 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 Sherijf:r Office and Court Administration are also opposed to the proposed bills. • Regional Planning Councils — Support restoring the, funding of RPC's statewide. FISCAL IMPACT: There is no immediate fiscal impact associated with this executive summan . GROWTH MANAGEMENT IMPACT: There is no immediate growth management impact associated with this executive summary. LEGAL CONSIDERATIONS: This item is a pure policy decision for the Board; no legal issues are raised. This item requires majority vote for approval. -JAR RECOMMENDATION: That the Board of County Commissioners reviews and approves the proposed Collier County 2012 State Legislative Priorities. Prepared by Debbie Wight, Legislative Affairs Coordinator 3 Packet Page -701- 7/26/2011 Item 10.C. COLLIER COUNTY Board of County Commissioners Item Number: 10.C. Item Summary: Recommendation to review and approve the proposed Collier County 2012 State Legislative Priorities (Debbie Wight, Legislative Affairs Coordinator, Communication & Customer Relations Department) Meeting Date: 7/26/2011 Prepared By Name: CurranJanet Title: Supervisor - Operations,Communication & Customer Relations 7/13/2011 1:48:30 PM Submitted by Title: Leeislative Affairs Coordinator. Name: WightDebbie 7/13/2011 1:48:31 PM Approved By Name: TorreJohn Title: Director - Commun. & Customer Relations.Commmnication & Customer Relations Date: 7 /15/2011 3:43:59 PM Name: MuckelCynthia Title: Applications Analyst.Information Technology Date: 7/19'2011 10:1 ^_:39 AM Name: UsherSusan Title: Management/Budget Analyst. Senior,Office of Manage Date: 7/19/2011 11:49:08 AM Name: KlatzkowJeff Title: County Attorney, Date: 7/19/2011 2:18:49 PM Packet Page -702- 7/26/2011 Item 10.C. Name: Pricel-en Title: Administrator - Administrative Services, Date: 7/19/2011 2:47:14 PM Packet Page -703- 7/26/2011 Item 10.C. Collier Couny, 2011 State Lenislative Priorities The Board of County Commissioners on behalf of the citizens advocates for the overall principles of preserving Home Rule authority of local governments,' opposing state directives passed down as Unfunded Mandates which require local governments to deliver services without provahnt tund� io cover the cost, and protecting against dedicated Trust Fund Raids. I. Property Insurance — Insurance is a basic building block of economic development and growth. Residential and commercial property owners need insurance that is available, reliable, and reasonably priced: expand risk pool beyond state boundaries emphasize reduction in costs for wind coverage, u major portion of premium. The Legislature passed SB 408 Property Insurance this Session, which aims to lower costs for insurance companies to stimulate competition and to hopefully lower premiums for Floridians. The new measure makes a number of changes, including reducing the time homeowners have to file claims from hurricanes and sinkhole damage. Homeowners would have just two years for sinkhole claims and three Year., for windstorm claims. The legislation also places limits on sinkhole coverage and it makes changes to how insurers compensate homeowners for claims, including allowing insurers to require that repairs be made before they fully pay off a claim for damage to a home. See Page16 for a ful I analysis of SB 408. II. Illegal Immigration: Support initiatives at the state level — such as E.-Verify employment verification and the 287(8) criminal alien identification programs — that would reduce the number of illegal immigrants living and working in the State of Florida. SB 2040 was hotly debated this Session with hundred of protestors packing the halls of' the Capitol to oppose the immigration measure. In the end, the Senate passed a watered down bit[, which did not include the E- verify provision. The House refused to concur and the bill died in the waning hours of Session. III. 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. SJR 958 or `Smart Cap' passed this Session, which proposes a constitutional amendment to limit -,rate revenue only by population and inflation. The bill does not apply to local revenues as the sponsor took out local governments upon introduction of the bill. The joint resolution: • Replaces the existing state revenue limitation based on Florida personal income growth with a new state revenue limitation based on changes in population and inflation. • Requires excess revenues to be deposited into the Budget Stabilization Fund, used to suppon public education, or returned to the taxpayers. Packet Page -704- 7/26/2011 Item 10.C. • Adds fines and revenues used to pay debt service on bonds issued after July 1. 2012 to the state revenues subject to the limitation. • Authorizes the Legislature to increase the revenue limitation by a supermajority vote. • Authorizes the Legislature to place a proposed increase before the voters, requiring approval by 60 percent of the voters. The proposed amendment will be submitted to the electors before or at the general election in 2012. W. Impact Fees — Support home rule authority over administration of Collier County's existing impact fee program. SB 410 by Senator Bennett was a response to ongoing litigation. This bill reenacts the section of law created by Chapter 2009 -49. Laws of Florida (HB 227 passed during 2009 Regular Session) that created the "preponderance of the evidence" standard of review for the government in cases challenging the imposition or amount of an impact fee. The bill passed early in Session. V. Growth Management — Monitor Permitting. Transportation Concurrency Exception Areas (TCEA's). and Mobility Fees, Preserve Collier County's Real -Time Concurrency Program. This Year's comprehensive growth management reform. was passed as a conilmming bill tha; way associated with the budget. HB 72o7 is composed of compromise language between the House and Senate versions of HB 7i29 and SB 1122 LIB 730? largely removes state government oversight tiom the comprehensive planning process. Tne bill makes the existing pilot program for expedited revievr of comprei;cnsnr, plan ainendmcnts applicable statewicie. i'liost comprehensive plan amendments would nov: ouaiif_ for this expedited review process, which reduces the scope and scale of stare agency r,,,v wkt of plan amendml It, addition. the hill makes school and transportation concurren,\ opuoncn tar o_u� governments. The bill substantially reduces the Darden, on cities associated with the pieparauou of evaluation and appraisal reports. The state is nov I united to comment on areas of state or critical concern. HB 7207 changes the burden of proof in legal challenges to iocal government comprehensive plan amendments to the more deferential "fairly debatable" standard. HB 7207 provides a new process for state agency review of plan amendments that arc not suhleci to the expedited revte�, process. f'hi nro.rs, retains the requirement for preparation of at, otii-moto. rvcommutdat loll s and comment, ren.r n'. ti;_ state ;and planning agency. but inni[< the scope v' aeeucc Comments to issue�' that sunstannalk nttpact mpo-writ state resources or facilities. The proveytons of 1113 ?20 were placed on a confonnm_s bill u. the budeei. VI. Consultants Competitive Negotiation Act (CCNA) — Support Florida Association of Countie. (FAC's) initiative for CCNA legislative reform that allows agencies the discretion to continue to procure architectural or engineering services based strictly upon qualifications, or as an alternative to select firms on a "best value' which is taking into consideration both price and qualifications. Senator Bennett filed SB 276 Relating to Procurement and Rep. Costello has filed HB 135 on CCNA. SB 276 was heard and passed in the first committee ol` reference. but with substantial changes, which deleted the inclusion of cost when procuring services. SB 135 was not heard in the House. �k e worked to have the issue 'workshopped' or discussed in a House committee, but were unsuccessful as intense lobbvinc pressure was placed on House members Irom the industry. Packet Page -705- 7/26/2011 Item 10.C. We also worked with the Senate sponsor on a strategy to insert a repealer of the statute late in the process. Unfortunately. the language never materialized. SB 276 died in the Senate K -12 Committee. V11. Offshore Drilling in Gulf of Mexico — Support permanently prohibiting offshore oil and gas drilling within Florida territorial waters. Support state demands that the federal government exert rigorous oversight of any current and future drilling and insist no monetary limitations for any drilling mishap are set. With the Deepwater Horizon oil spill disaster still fresh in lawmakers memories. no legislation was filed this Session to open Florida's waters to oil drilling. Former Governor Crist and CFO Alex Sink have embarked on a campaign to place the ban on oil drilling in the Florida Constitution by ballot referendum. However, Senate President Haridopolos said the Deepwater Horizon accident is probably a "total anomaly" that should not stop oil companies from the potential of drilling closer to Florida. Haridopolos added that, "I am still fully supportive of drilling in the Gulf outside of Florida waters," giving the Issue another life. VIII. Revenue Enhancement Dotcorn — Support the tourism industry position on Dotcoms, which is to have Online Travel Agencies ( OTA's) collect and pay the sales and tourist development Lax due on the total amount charged the visitor, not the net amount paid the hotel. The lost tourist tax revenue to Collier County from bookings by OTA's for FY 2010 is $435,000. The state's lost sales tax revenue is 5652,500. SB 376 and HB 493 have been filed which provide that the state transient rentals tax, local tourist impact tax, local tourist development taxes, local convention development taxes, and municipal resort tax are imposed on the amount received by a person operating transient rental accommodations — not on the payments received by unrelated persons facilitating the booking of reservations of such accommodations. The bills would allow Online Travel Companies (OTC's) to pay taxes to local governments on the discounted or wholesale price for transient rooms rather than the retail or advertised price, resulting in loss revenues to local governments. We worked with FAC to oppose these bills during Session and were ultimately successful in killing the Online Travel Agency bills. IX. Libraries — Support State Aid to Libraries and cooperatives like the Southwest Florida Library Network. Because of the nearly $4 billion deficit facing the state for FY 2011-12. $12 million in cuts threaten State Aid to Libraries once again. However, in the end. the legislature found revenues to fully fund the libraries at $21 million. Enacted Le2,istation & Issues to Monitor: • Transportation — Oppose raiding the Transportation Trust Fund ($160 M attempt in FY 2011. but Governor Crist vetoed): oppose regionalization o) Metropolitan planning Organizations (IvlpOs and support the 1- 75IEverglades Boulevard Interchange, a critical public saten, treed for evacuations and Collier County s top.federal proiect Packet Page -706- 7/26/2011 Item 10.C. The Transportation Trust Fund was raided at 5150 million as legislators sought additional dollars to plug budget deficits in other areas and to fund new programs such as the Economic Development Department under the Governor's office. Non - Judicial Foreclosures — Oppose arrr foreclosure legislation that threatens residents' due process and property owner rights. Foreclosure bills threatening due process or access to judicial proceedings were not introduced this year. Pretrial Detention & Release Programs — Opposer legislation altering pretrial programs; increased jail populations resuh; ,550 million impact statewide, hills supported i?l' hail bond lobby and expected to return. SB 372 and HB 1379 Relating to Pretrial Proceedings were filed again this year, which limited county pretrial release programs to the indigent. Individuals deemed non - indigent would be required to use a bail bondsman to post bail. A battle raged on for most of Session on these bills, ultimately, we worked with the local delegation, FAC. and the Florida Sherriff -s Association to defeat the bills. They died in the last days of Session. Ochopee/EMS & Fire Station on 1 -7S — Continue exploring funding options with FDOT; Critical Public' safety issue on roadwav connecting the lest and East coasts. We worked with FDOT District 1 Operations office and planning consultant to move forward with the Project. We have been preliminarily approved to locate the fire station on the south side of 1-75 at mile marker 63. After Session began we worked with Collier, Senator Bennett, Representative Hudson, and Senator Richter to insert language into SB 2152 Transportation allowing toll collections on Alligator Alley to be directed for the construction and operation of the EMS /Fire station. Packet Paee -707-