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Agenda 10/13/2009 Item #10A Agenda Item No. 10A October 13, 2009 Page 1 of 14 EXECUTIVE SUMMARY Recommendation to review and approve the proposed Collier County 2010 State Legislative Priorities 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 1 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. CONSIDERATION: Each year prior to the start of the State legislative session, staff prepares a draft list oflegislative priorities for Board consideration. This year's proposed list is a compilation of previous years' items that are still relevant and new items that have emerged subsequent to the prior session, including monitoring and assessing the impacts of several bills that were enacted into law in the 2009 session. ...-., The Florida Association of Counties as well as our own lobbyist continue to be invaluable resources to Collier County, consulting and advising on a variety of legislative strategies and policy questions. The Board will note that a few of the funding enhancement proposals removed by the Board from last year's priorities have been included again on the 2010 proposed list. As you know, in fiscal 2010 Collier County expelienced a 10.42 percent drop in county-wide taxable value and preliminary indications from the State Department of Revenue are that a similar drop is likely in fiscal 2011. Revenues from ad valorem property taxes, state revenue sharing, state sales taxes and interest income supporting the general fund are all in decline, as are gasoline taxes and impact fees for capital projects and debt service payments. Consideration of one or more of these alternative revenue proposals, coupled with aggressive expenditure reductions, may give the Board greater flexibility in dealing with the difficult budget decisions anticipated in FY 2011. The following is a proposed list of Collier County 2010 State Legislative Priorities: Collier Countv 2010 State Lefdslative 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 federal Library Services and Technology Grants. State Aid to Libraries represents $200,000 for Collier and provides vital funding to 1 Agenda Item No. 10A October 13, 2009 Page 2 of 14 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 with local funds. Funds have also been used to provide additional children's books. Staff intends to apply for a grant for equipment for blind services center. Support for LibralY 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 staff up 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)fibrary 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 authoritv of local 20vernments is an overall legislative theme more than it is a specific issue. In 2009 there were numerous bills on varied issues that attempted to erode the home rule authority of county governments. Preemption of local ordinances and service level decisions has restricted local officials' ability to respond to specific constituent concerns. 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. 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 shortfalls and at times has resorted to shifting responsibilities for State required services and programs to local government without providing the commensurate funding. 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. (F AC Policy Statement) - A proposition known as "The Taxpayers Bill of Rights" (TABOR) was proposed by the Florida Taxation and Budget Reform Commission in 2007/2008, but failed to get enough support to make the November ballot. 2 Agenda Item No. 10A October 13, 2009 Page 3 of 14 TABOR is a national movement to set revenue and spending caps on governments and place oversight of those caps directly in the hands of the electorate. No matter how good it sounds in theory, in practice TABOR threatens adequate funding for critical services and infrastructure. While no legislation has thus far been introduced for the 20 I 0 session, F AC advises that TABOR could possibly make it to the ballot in November 2010, or 2012. In addition, F AC advises that a separate petition drive is moving across the State seeking sufficient signatures to place the TABOR proposition on the ballot, however proponents seem to be counting more on a legislative option. Senator Mike Haridopolos, who will be Senate President in 2011, has named this proposition "smart caps" and has proclaimed it his top priority. 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; Support maintaining home rule authority over administration of Collier County's existing impact fee program so the cost of new growth is borne by those who are creating the additional service demands. 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 of the Florida Constitution and also infringes on separation of powers provisions. F AC Attorney Ginger DeLegal on October 6 reported to staff that the coalition is moving forward. VII. Transportation · Oppose raiding of the Tramportation 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 $120 million in 2009 in an effort to offset dramatic revenue reductions. Revenues are expected to be off again for 20 I 0 with a recovery not expected until 2011. Pressure will again be on legislators to tap trust funds to help pay for recurring state expense obligations. · Support earlier Receipt of Crash Reports - 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 not to 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 3 Agenda Item No. 10A October 13, 2009 Page 4 of 14 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 of fatal 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 needs 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 of the 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 that focuses 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 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. VIII. Revenue Enhancements . Dot.com The tourism industry position on Dot. corns 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 4 Agenda Item No. 10A October 13, 2009 Page 5 of 14 significant. The last time Tourism staff checked with our County Tax Collector the estimate was a $750,000 loss 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 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. 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 fuliher 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 (F APPO), the Florida Governmental Finance Officers Association (FGFOA), and numerous counties as a result of attending the FAC Conferences in 2009, 2008 and 2007. There has been proposed a CCNA Policy 5 Agenda Item NO.1 OA October 13, 2009 Page 6 of 14 Statement that will continue to be part of the FAC 2010 Legislative Platform, as it was in 2009 and 2008. X. Alligator Alley - Affirm Board's previous position 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 a Fire and EMS Station on Alligator Alley; Support receiving a portion of the toll- 25 cents a car - as a direct allocation to Collier County for expenses of facilities, equipment, and additional requirements. The Alley provides many emergency service and emergency management challenges in an effort to ensure commerce and safety for our community. Frequently, the Alley is affected by major automobile accidents and high-impact, high-velocity rollovers, necessitating emergent trauma care. Wildfire events along the Alley and adjacent areas have caused a range of incidents from traffic slowdowns to major accidents due to smoke management as well as evening and morning temperature smoke and fog lllverSlOns. The Alley as a lifeline for commerce has significant volumes of hazardous materials being shipped over the roadway. Fuel spills are not uncommon and emergency responders and specialty teams are needed to quickly extinguish and or mitigate the potential environmental consequences. In addition, Interstate 75 is the primary evacuation route for Southwest Florida during most all hurricane or storm events, frequently in both north and east bound routes, depending on the hurricane's ultimate path. Emergency Management must maintain a close working relationship with the concessionaire, law enforcement, and emergency services to ensure this vital roadway remains operational and resourceful during times of emergency. 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 FIOlida's coastline. 6 Agenda Item No. 10A October 13, 2009 Page 7 of 14 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. Staff will continue to monitor this issue closely during the session and seek further direction from the Board based on the specific provisions of any proposed bills. 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." -- Ma;or concerns: · The proposed Legislation would exempt the current requirement that the merging of independent special fire control districts be ratified by the Legislature. (exemption from current law) · Legislation grants new district authority other revenue raising capabilities without a voter referendum, including new fees for service, with just a simple majority vote of their fire board. (exemption from current law) · Legislation provides that the district will no longer be required to be licensed by the State to provide Advanced Life Support non-transport services and eliminates current statute requiring that a Certificate of Public Convenience and Necessity (COPCN) be obtained from the Board of County Commissioners. This would be the first statewide. (exemption from current law) · 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 for fire protection and emergency medical services will be borne by new users through impact fees for capital improvements. 7 Agenda Item No. 10A October 13, 2009 Page 8 of 14 · Legislation no longer requires legislative approval or a referendum from the public for the dissolution of a fire district. (exemption from current law) 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. (Submitted by the Economic Development Council) · 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 of the 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 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. 8 Agenda Item No. 10A October 13, 2009 Page 9 of 14 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 of Florida. 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, J. Keith Arnold and Associates, and F AC in circumstances of statewide significance. Enacted Le2islation and Issues to Monitor: · SB lOOO/Discretionary Sales Surtaxes/Fire Rescue Services - This legislation authorizes a county to levy by ordinance a discretionary sales surtax of up to I percent for emergency fire rescue services and facilities, which shall take effect if the surtax is approved by a majority of the electors of the 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 interlocal agreement must include a majority of service providers in the county. 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 BCC. · Seminole Gaming Compact/3 percent 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 conflicts 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) - 9 Agenda Item NO.1 OA October 13, 2009 Page 10 of 14 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 ajoint amicus brief in September 2009 supporting public access of beaches. An excerpt reads: "FSBP A, FLC and F AC believe that the beach nourishment prObTfam 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 beach front property of abutting upland property owners, will create an avalanche of takings 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 propeliy owners file actions for monetary damages even though they most directly benefit from the expenditure of taxpayer dollars for beach restoration projects. The outcome oftltis case will decide whether the beach restoration program will continue in Florida, as well as similal' programs in the rest of the country." The case is scheduled to be heard in U.S. Supreme Court on December 1, 2009. ,- · SB 360 (Growth Management) - Permitting, TramportatiOlt 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, the Concurrency Section of Florida Statutes, changed after the enactment of SB 360 in 2009. Please note there continues to be conflicting interpretations of some SB 360 provisions by Senator Mike Bennett and Department of Community Affairs (DCA) Secretary Tom Pelham pertaining to the new TCEA language. To begin with, a TCEA is a geographic area within a local government jurisdiction that is not subject to transportation concurrency, which was established through Board approval as a Growth Management Plan (GMP) amendment. Secretary Pelham has 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 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 10 ....- Agenda Item NO.1 OA October 13, 2009 Page 11 of 14 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, however they do apply to the cities of Naples and Marco Island as they each meet the definition of dense urban land area with more than 1,000 persons per square mile. 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 of SB 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. Mobility Fee (MF) - /fthere 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 ~fF is generated. The FDOT and DCA Mobility Fee Report is due to the Florida Legislature by December 1,2009. According to Charles Gauthier of the DCA, an evaluation of replacing transportation concurrency with MF will be included and recommended legislation is a possibility. . Property Insurance - Continue to monitor property insurance costs as another of the economic hardships burdening Collier County citizens. . Hometown Democracy One of the largest issues facing FAC 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.) Pro ar2uments 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. 11 Agenda Item No. 10A October 13, 2009 Page 12of14 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 Ar2uments 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 malo~ity 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 (jobs & 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: This item has been reviewed by the County Attorney's Office and it primarily concerns policy considerations rather than legal issues-SRT RECOMMENDA TION: That the Board of County Commissioners approves the proposed Collier County 2010 State Legislative Priorities. Prepared by Debbie Wight, Assistant to the County Manager 12 Agenda Item No. 10A October 13, 2009 Page 13 of 14 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 10A Recommendation to review and approve the proposed Collier County 2010 State Legislative Priorities. (Debbie Wight, Assistant to the County Manager) 10/13/2009 9:00:00 AM Meeting Date: Approved By John A. Yonkosky Director of the Office of Management Date County Manager's Office Office of Management & Budget 10/7/20093:26 PM Approved By Leo E. Ochs, Jr. Board of County Commissioners Deputy County Manager Date County Manager's Office 10/7/20095:29 PM CONSTITUTIONAL AMENDMENT PETITION FORM 104.185 - A person who knowingly signs a petition or petitions for a candidate. minor political party, or an issue more than one time commits a misdemeanor of the first degree. punishable as provided in s 775.082 or s 775.083. Agenda Item NO.1 OA October 13, 2009 Page 14 of 14 I am a registered voter of Florida and hereby petition the Secretary of State to place the following amendment to the Florida Constitution on the ballot in the next general election. I AM REGISTERED TO VOTE IN COUNTY. NAME STREET ADDRESS Please PRINT Name as it appears on Voter 1.0. Card PRINT Current Phvsical Address (NO PO BOXES) CITY ,Fl ZIP ,USA COUNTY (County of residence) IS THIS A CHANGE OF ADDRESS FOR VOTER REGISTRATION IN SAME COUNTY? Yes_ No-... VOTER REGISTRATION NUMBER -or- DATE OF BIRTH _/~ Month Day Year x DATE SIGNA TURE AS IT APPEARS ON VOTER J.D. CARD DA TE SIGNED BALLOT TITLE: REFERENDA REQUIRED FOR ADOPTION AND AMENDMENT OF LOCAL GOVERNMENT COMPREHENSIVE LAND USE PLANS. BALLOT SUMMARY: Establishes that before a local government may adopt a new comprehensive land use plan, or amend a comprehensive land use plan, the proposed plan or amendment shall be subject to vote of the electors of the local government by referendum, following preparation by the local planning agency, consideration by the governing bOdy and notice. Provides definitions. FULL TEXT OF PROPOSED AMENDMENT: BE IT ENACTED BY THE PEOPLE OF FLORIDA THAT: Article II, Section 7. Natural resources and scenic beauty of the Florida Constitution is amended to add the following subsection: Public participation in local government comprehensive land use planning benefi!s the conservation and protection of Florida's natural resources and scenic beaLJty, and the long-term quality of life of Floridians. Therefore, before a local government may adopt a new comprehensive land use plan, or amend a comprehensive land use plan, such proposed plan or plan amendment shall be subject to vote of the electors of the local government by referendum, following preparation by the local planning agency, consideration by the governing body as provided by general law, and notice thereof in a local newspaper of general circulation. Notice and referendum will be as provided by general law. This amendment shall become effective immediately upon approval by the electors of Florida. For purposes of this subsection: 1. "Local government" means a county or municipality. 2. "Local government comprehensive land use plan" means a plan to guide and control future land development in an area under the jurisdiction of a local government. 3. "Local planning agency" means the agency of a local government that is responsible for the preparation of a comprehensive land use plan and plan amendments after public notice and hearings and for making recommendations to the governing body of the local government regarding the adoption or amendment of a comprehensive land use plan. 4. "Governing body" means the board of county commissioners of a county, the commission or council of a municipality, or the chief elected governing body of a county or municipality, however designated. Serial Number .QQ:.1Ji Date Approved June 21. 2005 Return to: www.FloridaHometownDemocracy.com Florida Hometown Democracy, Inc., phone: (866) 779-5513 P.O. Box 636 email: infofloridahom.etownd~erac.com PLEASE DONA TEl Contribufioh$ 'sHOuld be made New Smyrna Beach, FL 32170-0636 payable to "Florida Hometown Democracy, Inc." pd.pol.adv., Florida Hometown Democracy, Inc.