Full Legislative Program
INTRODUCTION
The Small County Coalition is a statewide alliance of county commissions from small and rural counties. The purpose of the Coalition is to give increased visibility and support to the issues to small counties and rural communities.
The Small County Coalition’s primary mission is to help Florida’s small and rural counties address legislative issues from a small county/rural perspective and work effectively with state agencies leadership.
The Small County Coalition believes in the importance of a state rural policy that protects the character of our small and rural areas; promotes economic development; and, maintains and promotes the viability of existing small county economies such as agriculture and eco-tourism.
The Small County Coalition supports programs that improve the financial viability and fiscal capacity of Florida’s local governments in small counties.
The Small County Coalition supports programs that help provide services to Floridians who reside in small counties; Floridians who visit their communities for enjoyment; and, Visitors from outside the state who travel through small counties in route to destinations in and out of Florida.
The Small County Coalition is hopeful that the Florida Legislature will use the following suggestions to guide their actions relating to small and rural areas:
MAJOR LEGISLATIVE OBJECTIVES
- Continue Funding in High Priority Need Areas;
- Ensure Effectiveness of Economic Development Efforts; Stimulate Employment Growth; and Target Actions to Protect Against Job Losses or Economic Instability;
- Oppose Proposals that Shift Cost from State to Local level, Increase Local Costs, and/or are "One Size Fits All" approaches;
- Identify and Eliminate, Waive, Delay, or Mitigate Requirements, Regulations, Mandated Criteria, Reports, Studies, or other requirements that are non-critical, have unintended consequences, and result in increased local spending; and,
- Ensure "Meaningful Local Involvement" in State or Regional activities and decisions.
PRIORITIES TO GUIDE THE 2012
LEGISLATIVE SESSION
The Small County Coalition submits the following Legislative Priorities and Policy Proposals for consideration by the Governor, Cabinet Members, Members of the Florida Legislature, the Leadership within State Agencies and, other local, state, and federal interests that might be supportive of Florida’s small and rural communities.
Provide Support for Rural Job Creation Plan within State Economic Development Program
- The Small County Coalition requests a clear rural job creation strategy within the state economic development job creation plan. This strategy should include -
- Legislative Flexibility and Regulatory Predictability
- Organizational realignment of resources in support of rural job creation.
- Identify and support Emerging Market Opportunities in rural areas.
- Protect Against Actions that impact local economic stability.
- The Small County Coalition supports the continuation of the State Enterprise Zone program as an important strategic tool utilized in rural areas.
- The Small County Coalition supports the identification of High Value Opportunities for development within state rural initiatives.
- The Small County Coalition supports establishing measureable performance standards to serve as benchmarks for evaluating effectiveness of economic development efforts in rural areas.
Protect funding for programs important to Small Counties and Rural communities
- The Small County Coalition requests that funding levels to high valued grant programs and revenue sharing be protected. These programs include – Small County Road funding, Revenue Sharing; State Aid for Local Libraries; Support for Transportation Projects and Programs; Housing funds; Rural Health Initiatives; Aerial Photography; Small County Water Projects; Courthouse renovations and other infrastructure projects. (See Attached Chart of Program funding.)
Protect Fiscally Constrained County Offset Funding
- Enhanced funding is currently provided to Fiscally Constrained Counties within State Revenue Sharing; and additional revenue offsets are provided for the impact of Amendment 1, Juvenile Pretrial Detention Costs, and, for Conservation Easement exemptions provided in the Florida Constitution.
- The Small County Coalition requests continued commitment to provide Fiscally Constrained offset funding for programs currently funded and future tax relief initiatives proposed for the 2012 Ballot.
Funding for Small County Road Programs
- The Small County Coalition requests that the Florida Legislature provide the funding requested by the Florida Department of Transportation for FY 2012-13 request for Small County Rural Assistance Program (SCRAP) and the Small County Outreach Program (SCOP) - SCRAP - $25,521,197 and SCOP - $29,659,493.
- Funding in FY 08-09 for SCRAP and SCOP totaled $75 million;
- Funding in FY 09-10 for SCRAP and SCOP totaled $48 million;
- Funding in FY 10-11 for SCRAP and SCOP totaled $31.3 million;
- Funding in FY 11-12 for SCRAP and SCOP totaled $31.3 million
- In addition, the Small County Coalition requests consideration of special funding to support repair or replacement of bridges rated below satisfactory on DOT inspections.
Rural Health Care
- The Small County Coalition is aware of the importance that local health departments play in providing critical primary services in rural areas. Funding for health departments providing primary health care services in small counties should be protected from budget reductions.
Small County Solid Waste Program Funding
- The Small County Coalition requests a funding increase to implement programs included in FS 403.706 (4)(c). Funding for Small County Solid Waste Grants have remained at $2.4 million for FY’s 10-11 and 11-12.
Florida Retirement System
- The Florida Legislature is requested to maintain current provisions and benefits for current employees and retirees participating in the program. Any changes should be applicable to new hires.
- The Small County Coalition strongly opposes the proposal to reduce revenue sharing in the amount of the increased local employee retirement contribution.
Septic Tank Inspection Program
- The Small County Coalition is aware of public concerns regarding the statewide septic tank inspection program established during the 2010 Legislative Session regarding the inspection program in FS 381.0065(5). Concerns regarding the program currently in statutes are legitimate.
- FS 381.0065(5) does not guide inspections based on local information, scientific data, or other conditions.
- FS 381.0065(5) puts unknown costs on consumers.
- FS 381.0065(5) is a one size fits all approach regardless of additional water protection and/or other inspection ordinances.
- FS 381.0065(5) mandates the same approach regardless of the proximity of the septic system to springs or other wetlands.
- FS 381.0065(5) provides no flexibility for partial inspections or waivers.
- The specific provisions in FS 381.0065(5) are not needed – there is sufficient water quality monitoring and inspection authority within the Department of Health and the Water Management Districts to address public health and water quality concern
- The members of the Small County Coalition support the legislative efforts to repeal the inspection program in FS 381.0065(5). The Small County Coalition requests that any replacement program not shift responsibility for administering a septic tank inspection program to county governments and that any replacement program adopted by the Legislature be structured as an “Opt In” as opposed to an “Opt Out” decision.
Meaningful Involvement of Local Officials in State and Regional Actions
- The Small County Coalition requests that state and regional agencies provide “Meaningful Local Involvement” when making decisions, issuing permits, establishing rules, and/or are developing agency actions the impact a local community or adjacent communities. This includes notifying local officials of agency actions; providing opportunity for local input; providing for a “full cost disclosure”; providing for a complete analysis of impacts to local communities; and provisions for local government be involved and express support or opposition to the proposed actions.
Provide Special Project Infrastructure Funding
- The Small County Coalition requests special funding to address special infrastructure and local projects including: Small County Courthouse Renovations, Emergency Shelters needs, Repair or replacement of bridges rated below satisfactory on DOT inspections Roads, Parks, Water Projects, Libraries, and other non-recurring local priorities.
Water Policy
- The Small County Coalition supports the current Water Management District structure and is concerned that a shift to a central regulatory body would be insufficient to protect important water concerns of the rural areas. The Small County Coalition recommends the following-
- Maintain current water management structure;
- Continue Local Sources First Philosophy; and,
- Ensure local government participation in water supply availability determinations.
GENERAL GOVERNMENT AND FISCAL
POLICY PROPOSALS
Cost Shifts and Increasing Costs
- Oppose the shifting of program costs to the local level.
- Oppose legislation that shifts administrative or un-funded responsibilities to local governments.
- Offset the cost of any fund shifts on Florida’s fiscally constrained small counties.
- Continue allocating funding to offset the impact of the Department of Juvenile Justice pre-trial detention costs shift on fiscally constrained counties.
Revenue Sharing
- Evaluate State and Local Revenue Sharing Programs to enhance funding to small counties that evidence fiscal hardships, rely heavily of local ad valorem, and/or demonstrate conditions of limited revenue capacity.
Fiscally Constrained Counties
- Protect the Fiscally Constrained Revenue Sharing Program - Ensure a “No Harm” standard in any effort to change the funding source or the criteria for the Fiscally Constrained Program.
- Continue funding commitment to Fiscally Constrained counties.
Impact Fees
- Impact fees should continue to be authorized through local home rule authority guided by local conditions, such as, growth rates, infrastructure needs and fiscal capacity of the local community.
Rural Health Care
- Implement steps to limit health care costs on local governments.
- Continue state funding to reimburse county Health Departments that provide primary care and/or dental services in rural areas and support fiscal sustainability of County Health Departments.
- Increase funding to meet health-related transportation needs of indigent and disadvantaged populations.
- Cap or limit county responsibility for inpatient hospital costs and nursing home cost share.
Small County Courts
- Provide funding to support Small County Courthouse Renovation and Construction Projects.
- Ensure that small counties and rural areas have sufficient resources for the operation of Florida’s court system.
Small County Jails
- Provide funding to assist in expansion and construction of local jail facilities in small counties that are experiencing overcrowding resulting from incarceration of state parole violations.
Parks and Recreation
- Fully fund projects recommended within the FRDAP program.
- Provide special project funding for local recreation infrastructure.
Small County Technical Assistance Program
- Restore the funding level for the SCTAS program to $500,000.
Small County Libraries
- Support state aid funding.
- Protect equalization component within the current formula
- Provide opportunity for legislative funding for main library structures in small counties that do not meet Federal Square Footage standards, demonstrate that they meet appropriate local conditions and funding
County Revenue Issues
- Authorize non-charter counties to levy Communications Services Tax at the level authorized for charter counties and cities. Communications Services Tax - Currently provides that charter counties and cities can levy communications services tax at a rate of up to 5.2% while non-charter counties can levy only up to 1.72%. The tax is applied to purchases on telephone service, cable service, and wireless service. F.S. 202.20(a)
- Authorize non-charter counties to levy the Public Service Tax. The “Municipality Utilities Tax” provides cities and charter counties with authority to levy a rate of up to 10% on purchases of natural gas, electricity and water. Charter Counties got the ability to levy this from a court case in the 90’s. The court ruled that Charter Counties had all powers of local self-government. F.S. 166.231
Emergency Management
- Infrastructure Needs – provide funding for emergency management related facilities to meet the evacuation and shelter needs in Florida’s small counties.
- Road Capabilities - Ensure small county roads receive the support needed within the Strategic Intermodal System and the Florida Transportation Plan to accommodate evacuation needs of coastal and urban communities.
- Communications - Ensure the necessary funding to meet the communication equipment needs in rural areas.
Affordable Housing
- Maintain and protect the existing state housing trust funds for affordable housing programs, specifically the local S.H.I.P. programs.
Liability Issues
- Maintain Sovereign Immunity Limits and the current process for resolving claims.
- Evaluate and revise the legislation pertaining to presumption relating to Police and Firefighters to ensure claims are in fact job-related.
Limit Training and Hiring Mandates
- Small county officials support increased opportunities to enhance professionalism in key program areas through relevant and accessible training opportunities tiered to meet local needs. The Small County Coalition requests the Florida Legislature and State Agencies avoid mandating rigid training and hiring requirements for Local Positions.
TRANSPORTATION AND ROAD
POLICY PROPOSALS
Small County Road Funding
- Small County Road Assistance Program (339.2816 FS) and the Small County Outreach Program (339.2818 FS) provide critical road funding in small counties.
- The Small County Coalition requests funding to support bridge repair or replacement for bridges rated below satisfactory by DOT evaluations.
- Provide continued technical assistance that would facilitate TRIP funding for regional transportation projects in rural counties.
Strategic Intermodal System
- Ensure that the Florida’s Strategic Intermodal System is accessible from all areas of the state, includes strategic emerging transportation hubs, corridors and connectors important to rural communities, and is not funded at the expense of other road programs important to small counties.
Florida Transportation Plan 2020 Revision
- Ensure that the Florida Transportation Plan provides sufficient focus, direction and funding to address the development of efficient road systems in Florida’s rural counties.
Dirt Roads
- Ensure that local governments have the authority to initiate routine maintenance on existing infrastructure (roads, ditches, driveways, etc.) without having to comply with burdensome, overly prescriptive and costly permit requirements.
Transportation Disadvantaged
- Increase funding for the Transportation Disadvantaged programs that are providing critical services to the medically needy, elderly, and developmentally challenged.
Energy Issues
- Develop programs to maximize buying power of state and local governments to influence favorable pricing for fuel efficient equipment, vehicles and actual fuel purchases.
- Ensure aggressive oversight and enforcement relating to consumer protection from energy costs.
- Consider approaches to develop alternative fuel sources.
Gas and Sales Tax
- Consider indexing local option fuel taxes to an inflation factor.
- Review distribution formulas for GAS TAX and SALES TAX to ensure fair distribution to areas that do not have significant Points of Collections within their communities.
Road Reclassification
- Allow counties demonstrating fiscal hardship to reclassify counties roads to the state road system.
RESOURCE MANAGEMENT POLICY PROPOSALS
Water Utilization and Transfer
- Ensure local government participation in water supply availability determinations;
- Continue Local Sources First Philosophy; and,
- Require that prior to transferring water from another region or county, entities in areas desiring water transfer, shall:
- Maximize utilization of local sources to the extent to which sustainability is impacted;
- Implement conservation methods or other locally identified opportunities;
- Take steps to limit cause of increased consumption, such as a moratorium on new construction until an adequate supply of water is available in the community; and,
- Ensure that any transfer determination meets a “No Harm” standard in reference to the region from which water is being transferred.
- Continue State efforts to protect adequate water flow levels in the Apalachicola, Chattahoochee, Flint River Basin.
Solid Waste/Recycling
- Provide increase in funding for small county solid waste and recycling grants.
- Streamline reporting requirements for counties exempt from the Recycling Goal.
Water Projects
- Provide funding for Sewer and Water line hookups and Storm Water Projects including Innovative Water Supply Initiatives, and other local infrastructure project needs.
Coastal And Marine Impacts
- Support research and program initiatives that will ascertain the causes and provide for remedies relating to Red Tide, algae blooms, forms of water pollution and other related environmental degradation occurring in Florida’s coastal waters.
- Initiate comprehensive program to offset the economic impacts that Oil Spills, Red Tide, Hurricane damage, Gas Increases, and Coastal Water quality problems have had on all elements of Florida’s marine industries.
- Support a Working Waterfronts program that ensures local government participation in development of local plans.
Disposal of Septic Waste
- Require that local governments be notified by DEP prior to the issuance of permits for disposal of sewage residuals.
- Consider repeal ban on Septic Waste disposal and/or provide alternative disposal methods that do not cause unreasonable burden or costs.
Non-native Invasive Plants
- Ensure sufficient funding and support to effectively address the management and spread of non-native invasive upland and aquatic species throughout Florida.
Agriculture
- Promote, protect and strengthen efforts to support the agricultural economy of the State of Florida and other industries that are critical to the economies of rural areas.
- Ensure a coordinated state/local policy to support the unique land use issues of agricultural properties and ensure that local governments retain ability to establish local ordinance regulating land use issues.
- Provide funding for the Rural Lands Stewardship Program and the Rural & Family Lands Protection Act, as well as, other programs structured to preserve agricultural lands and promote Agriculture.
- Maintain existing ad valorem taxation policies relating to Agricultural property.
Growth Management
- Ensure that growth management requirements in rural counties are not overly burdensome and costly; do not limit or burden potential for economic growth; and, include provisions for waivers of provisions if determined appropriate by local government officials
- Ensure that small counties have the resources to effectively assess the impact of growth and development at the local level and in neighboring communities; and enable funding options for small counties to meet costs related to growth.
- Promote the capacity of the Regional Planning Councils to assist local governments with planning considerations as deemed necessary by the local government.
Permitting and Inspections
- Provide alternatives to existing requirements for rural county building inspectors and plan examiners that acknowledge differing skill sets needed amongst rural/urban certification.
- Oppose Performance Based Permitting Program.
Land Buying Programs
- Payment In Lieu of Taxes - Review statutes for changes needed to ensure PILT funding in perpetuity in both State of Florida and Water Management District land-buying programs.
- Incorporate within PILT funding formula consideration of infrastructure needs and other impacts resulting from increased utilization of land purchased by state agencies. Incorporate within PILT funding formula consideration of infrastructure needs and other impacts resulting from increased utilization of land purchased by state agencies.
- Conservation Easements - Consider initiating a program of conservation easements and/or leases as an alternative to fee simple purchase within land acquisition programs thereby maintaining the revenue capacity of property secured by public agencies.
ECONOMIC DEVELOPMENT
POLICY PROPOSALS
Rural Economic Development Initiative (REDI)
- The Department of Economic Opportunity needs to work with stakeholder organizations in evaluating and refocusing the Rural Economic Development Initiative.
- REDI leadership should ensure that State Agency heads are familiar with the REDI process and that Agency REDI coordinators have access to and consult with Agency management on rural resource and policy issues.
- REDI leadership should ensure the all REDI Agencies are implementing the statutes that enable REDI counties to effectively compete and received sufficient support to facilitate local projects. Specifically pertaining to F.S. 288.019 – modifying evaluation criteria; F.S. 288.0656 – Assigning High level Staff to REDI and, F.S. 288.06561 – Providing Waiver of match policy that enables project effectiveness.
- REDI leadership should ensure that State Agencies provide technical assistance to small counties as needed to maximize administrative and financial support.
- REDI leadership should ensure that every REDI State Agency to identify and document specific resources that are intended to or could be used to assist rural community development and implement technical assistance to ensure accessibility and resource delivery at the local level. Ensure that all existing “Grants and Resources” available to assist small counties are marketed by state agencies and used in a coordinated manner to ensure distribution and impact at the local level.
- REDI leadership should ensure that all agency programs that provide funding and services for local governments provide the necessary administrative assistance for small counties to access the state resources.
- REDI Agencies should promote flexibility and, if justified, waivers, in regulatory and administrative requirements that require additional local resources and increase local cost.
- The Small County Coalition requests that agency grant programs that award additional evaluation points to municipalities be amended to give an opportunity to score an equivalent amount of points to rural counties that are located in small counties and evidence fiscal hardships.
Rural Area of Critical Economic Concern
- The Small County Coalition supports regional collaboration and communication through the RACEC program.
- The Small County Coalition requests a strategic effort within the State Job Creation Plan to change the economic conditions within RACEC designated counties sufficient to allow currently designated counties to become non-RACEC.
- The Small County Coalition does not support changing the term Rural Area of Critical Economic Concern. Regional Organizations and state agencies are currently able to “rebrand” the region for marketing purposes but the current RACEC term implies a certain condition that results in enhanced focus enabling increased resource allocation.