Board of County Commissioners
Leon County, Florida

2022 State and Federal
Legislative Priorities
Workshop

 

Tuesday,
September 28, 2021
1:00 p.m.

Leon County Courthouse
County Commission Chambers, 5th Floor
301 S. Monroe St. Tallahassee, FL 32301

Click Here For a pdf Version of the Agenda
Original Post Date - 9/20/2021

The media and the public can access the meeting in real time on Comcast channel 16, the Leon County Florida channel on Roku, the County’s Facebook page, YouTube channel, Twitter and County web site.


 

To:

Honorable Chairman and Members of the Board

 

 

From:

Vincent S. Long, County Administrator

 

 

Title:

Workshop on the 2022 State and Federal Legislative Priorities

 

Review and Approval:

 Vincent S. Long, County Administrator

Department/

Division Review:

 Alan Rosenzweig, Deputy County Administrator

Lead Staff/

Project Team:

 Andy Johnson, Assistant to the County Administrator

 Nicki Paden, Management Analyst

 Miranda Hernandez, Management Intern

 

Statement of Issue:

This workshop item seeks the Board’s approval of recommended state and federal legislative priorities for the 2022 Florida Legislative Session and the second session of the 117th Congress.

 

Fiscal Impact:

This item has no fiscal impact.  However, it recommends requests for state and federal appropriations as well as substantive policy positions that seek to avoid unfunded mandates and cost shifts to the County.

 

Staff Recommendations:

Option #1:       Approve the 2022 state and federal legislative priorities.

Option #2:       Provide any additional Board direction on the County’s 2022 state and federal legislative priorities.

 

 

Report and Discussion

 

Background:

Each year, the Board conducts a workshop with the County’s legislative staff and contract lobbyists to develop priorities for the upcoming state and federal legislative sessions.  This workshop enables the County’s legislative team to receive important guidance from the Board regarding priority legislative issues and directs the County’s lobbying efforts for the upcoming year at both the state and federal level.  In recent years, the Board has directed staff to refine the County’s substantive policy priorities only to the most pressing issues and to support the Florida Association of Counties (FAC) and National Association of Counties (NACo) in achieving their respective legislative goals.  Consistent with this direction, staff is seeking Board approval of the County’s 2022 State and Federal Legislative Priorities, comprised of the state and federal policy and appropriations issues proposed herein.

 

Analysis:

The 2022 Florida Legislative Session will be held from January 11 through March 11, 2022, with interim committee weeks beginning in September.  The second session of the 117th U.S. Congress will convene on January 3, 2022.  Staff recommends several policy and appropriations priorities for the 2022 state and federal legislative sessions, arranged as follows:

Similar to previous years, the policy and appropriations priorities recommended in this workshop item are organized to target the County’s most pressing issues and best align with the anticipated priorities of the 2022 state and federal legislative sessions.

In August 2021, the Legislature’s Office of Economic and Demographic Research (EDR) produced updated revenue estimates for the state’s 2022-23 fiscal year.  The report indicated that the state’s economy experienced growth in FY 2021 as a result of the back-to-back federal stimulus packages provided to the state and a faster-than-expected reopening of the economy in the last quarter of the fiscal year.  The most recent Long-Range Financial Outlook revised the state’s anticipated revenue collections upward by $1.4 billion for the current fiscal year and $1.2 billion for FY 2023 compared to revenue projections published in December 2020.  In this most recent forecast, EDR is estimating a surplus of $6.9 billion for the State’s FY 2022 budget and $8.2 billion for FY 2023.  EDR is expected to release another updated forecast prior to the start of the 2021 Legislative Session.

Looking ahead, the Legislature is not expected to provide substantial funding for local projects during the upcoming 2022 session.  In recent years, the Legislature has reduced funding for local projects, instead promoting the availability of existing grant programs through the executive branch.  Accordingly, this item recommends a concise list of County projects for which to seek direct legislative funding that best align with the anticipated priorities of the Legislature during the 2022 session.  The County’s legislative team will continue to engage the local delegation members on the County’s projects and policy priorities in preparation for and throughout the upcoming session.  As of the publication of this item, this year’s Legislative Delegation Meeting has not yet been scheduled; Senator Ausley currently chairs this annual delegation meeting, and her office is exploring dates in October or early November.  An update will be provided to the Board once the date for this meeting has been finalized.

In addition to the list of proposed projects for legislative funding, this workshop item also seeks the Board’s direction to pursue grant funding for specific County projects that best align with existing executive branch grant programs.  The County has been successful in recent years securing funding through many of these programs, particularly for major infrastructure projects.  To best align the County’s top priority projects with their most likely sources of state and federal funding, this item recommends that the Board direct staff to continue the County’s successful strategy of seeking grant funding for these projects through regional, state, or federal agency grant programs as applicable.

In addition to the issues specific to Leon County identified herein by staff, much of the County’s legislative advocacy each session is focused on issues of statewide importance in conjunction with FAC. FAC will finalize its 2022 legislative program during its upcoming Legislative Conference, which will take place November 17-19, 2021 in Walton County.  The statewide issues identified by the FAC membership will assist staff in identifying the most critical issues facing counties during the state legislative session.

The Board may wish to add, remove, and/or amend legislative priorities as deemed appropriate for the County’s 2022 state and federal legislative priorities.  Upon Board approval, staff and the County’s contract lobbying teams will pursue all of the priority issues approved by the Board.  Notwithstanding this, staff will assign priority to any issue that the Board designates to receive a special level of attention in the upcoming legislative cycle.  As always, staff will keep the Board apprised of legislative issues through agenda items and weekly updates during the 2022 legislative session.

 

PROPOSED APPROPRIATIONS REQUESTS

2022 FLORIDA LEGISLATIVE SESSION

Throughout the year, staff works to identify projects most suitable for legislative appropriation requests to support County projects.  The Board’s practice of retaining professional contract lobbying services enhances the County’s advocacy efforts for these requests.  The County’s contract lobbying team provides a daily presence by advocating for the County’s appropriations requests with the County’s legislative delegation and other legislative leaders.  Most recently, Leon County secured a legislative appropriation of $150,000 in the FY 2022 state budget to support the installation of a backup generator at the Leon County Health Department facility on Orange Avenue.

As discussed above, each year the County establishes a list of funding requests that aligns with the anticipated priorities of the Florida Legislature.  In recent years, the Legislature has devoted considerable attention to economic and workforce development issues, disaster recovery and resilience, and has also allocated funding for local water projects.  Generally, most local project requests funded by the Legislature total approximately $500,000 or less, include a one-to-one local match, and are “shovel-ready,” meaning that design and permitting for the project has already been completed.  Accordingly, Table #1 below reflects a concise, targeted set of County projects that best align with these anticipated priorities of the Florida Legislature during the 2021 session and for which local funding is available to provide a one-to-one match.  Of note, the U.S. House of Representatives has also accepted requests for “member-designated projects” (commonly known as “earmarks”) in the federal FY 2022 budget and in a surface transportation reauthorization bill expected to be finalized this fall.  An overview of member-designated project requests submitted by Leon County is provided in a later section of this agenda item discussing federal legislative priorities.

Table 1: Proposed 2022 Legislative Funding Requests

Request:

Amount Requested:

Project Phase:

Backup Generators – Branch Libraries and Community Centers

$500,000

Capital/Fixed Assets

Leon Works Expo and Junior Apprenticeship

$50,000

Program Funding

Old Plank Road Drainage Project

$500,000

Construction

Baum Road Drainage Project

$450,000

Construction

Fords Arm/Timberlane Tributary Restoration

$500,000

Design/Construction

Fred George Wetland Restoration

$400,000

Construction

In addition to the list above, the Board may wish to support funding requests from community partner organizations for projects that align with the County’s strategic and legislative priorities.  Most recently, for instance, during the 2021 Florida Legislative Session the Riley House Museum received $720,000 from the Legislature to support the Florida African American Historic Preservation Network.  As such, the Board may wish to provide direction to support such projects at any meeting during the Legislative Session or throughout the year.

 

ADDITIONAL HIGH-PRIORITY COUNTY PROJECTS

RECOMMENDED FOR POTENTIAL STATE OR FEDERAL GRANT FUNDING

In recent years, the Florida Legislature and the Governor have placed a greater emphasis on existing funding programs through executive branch agencies for local infrastructure projects, including competitive and formula-based grant programs, the Florida Department of Transportation’s (FDOT) Five-Year Work Program for transportation projects, and others.  During the 2021 Florida Legislative Session, Governor Ron DeSantis’ line-item vetoes in the FY 2021-22 budget totaled over $1.5 billion, specifically striking projects that bypassed state agency review or that would not benefit the State as a whole.

This year, staff and the County’s contract lobbying team anticipate the Legislature and Governor once again maintaining an austere approach to budgeting during the upcoming 2022 session with a continued emphasis on funding for local projects through executive branch grant programs.  Accordingly, staff is seeking Board direction to continue pursuing funding for the County projects listed in Table #2 below through existing state and/or federal agency funding processes such as grant programs, the FDOT Five-Year Work Program, etc., rather than through direct legislative appropriation.

Table 2: Proposed Projects for 2022 Executive Agency Grant Requests

Request:

Amount:

Project Phase:

Capital Circle Southwest

$100 million

Construction

Woodville Highway (Capital Circle to Paul Russell Road)

$29.7 million

Construction

Northeast Gateway (Welaunee Blvd./Shamrock St.)

$25 million

Construction

Miccosukee Road Bridge Replacement

$2 million

ROW/Construction

Orange Avenue Widening & Beautification

$1.9 million

Design

Old Bainbridge/Capital Circle NW Intersection Improvements

$955,000

ROW/Construction

North Monroe Gateway

$520,000

Construction

Tram Road Crossdrain Replacement

$600,000

Construction

Veterans Memorial Drive (CR 59) Bridge Replacement

$530,000

Design/Construction

Magnolia Drive Trail

$5 million

Construction

St. Marks Headwaters Greenway Trails

$800,000

Construction

Orchard Pond Greenway Trail, Phase II

$350,000

Design/Permitting

Capital Cascades Trail Segment 4

$2.5 million

Design

Lake Henrietta Renovation

$1.5 million

Design/Construction

Concord School Restoration

$1 million

Construction

Fred George Greenway Boardwalk & Observation Decks

$650,000

Design/Construction

J. Lee Vause Park Boardwalk & Observation Decks

$650,000

Design/Construction

Williams Landing Improvements

$900,000

Design/Construction

Coe Landing Improvements

$220,000

Design/Construction

Harbinwood Estates Septic-to-Sewer Project

$2.5 million

Design/Permit/Land Acquisition

Centerville Trace Septic-to-Sewer Project

$4.25 million

Design/Permit/Construction

Leon South Regional Water System

$750,000

Design/Construction

Springs Protection Projects*

Several

All Phases

Hazard and Flood Mitigation Projects**

Several

All Phases

* The County has grant agreements in place with the Florida Department of Environmental Protection to provide funding support for several additional septic-to-sewer projects in southside Leon County located in the Primary Springs Protection Zone to improve water quality for citizens.

** The County has submitted several hazard and flood mitigation projects consistent with the County’s Local Mitigation Strategy for potential funding under the Hazard Mitigation Grant Program and the Community Development Block Grant (CDBG) Mitigation program.  The Board adopted the most recent update to the Local Mitigation Strategy at the July 11, 2017 meeting.

 

 

PROPOSED POLICY REQUESTS

2022 STATE LEGISLATIVE SESSION

Like most legislation, Leon County’s policy requests are generally incremental in nature, focusing on issues specific to Leon County that are built upon over the course of several legislative sessions.  Additionally, staff annually evaluates the trends and issues affecting all County programs and services to identify potential legislative policy priorities.  Statewide significant substantive issues range from maintaining the County’s home rule authority to the state’s current fiscal challenges and efforts to further reduce the size and scope of state government.

Leon County’s lobbying team will monitor the budgetary and programmatic decisions made by the Legislature to determine their impact, if any, on local governments in the form of cost shifts or unfunded mandates.  In addition to the substantive policy issues identified by the County, staff works closely with FAC to identify developing issues that affect counties throughout the state.  In many cases, Leon County joins FAC to advocate for or against initiatives that would substantially impact counties.  Following is a listing of the proposed Leon County 2022 state legislative policy priorities.  A brief overview of each issue is provided that includes the specific recommended legislative action.

Protection of the State Workforce

Issue:               Recognizing that the state employees who live in Leon County are vital to our community, economy, and diversity, protecting the jobs of these workers from privatization and advocating for fair wages has continuously been a top priority of the Board during the legislative cycle.  In addition, following major cuts to state positions in recent years, this is an issue also strongly supported by members of Leon County’s legislative delegation.

                        During the 2021 Session, the Legislature included funding in the FY 2021-22 state budget to raise the minimum wage for state employees to $13 an hour.  The minimum wage increase was effective July 1, 2021.  In addition, the adopted state budget dedicated approximately $280 million of the State’s allocation of Coronavirus State Fiscal Recovery Funds under the federal American Rescue Plan Act to provide one-time $1,000 bonus payments for first responders statewide, including certain state agency personnel, recognizing their work throughout the COVID-19 pandemic.  Finally, an additional $1.2 million was allocated in the budget to increase the salaries of certain state agency heads.  Staff will continue to monitor for any legislation affecting state employee pay and benefits and will advocate on behalf of policies that benefit state employees during the 2022 session.

Action:            Support the protection of the state workforce and oppose any reductions to state employee benefits.         

County Health Department Structure

Issue:               Florida’s public health system was designed to provide shared state and local authority for public health governance.  The Florida Department of Health (FDOH) operates 67 county health departments throughout the state to implement public health programs at the local level via agreements between the county and FDOH.  As provided in Chapter 154, Florida Statutes, county health department staff are employees of the state, and each county health department is led by a Health Officer or Administrator who is appointed by the State Surgeon General after the concurrence of the respective Board of County Commissioners.  Each county health department Health Officer or Administrator reports to the FDOH Deputy Secretary for County Health Systems.

In light of the ongoing COVID-19 pandemic, the greatest public health challenge of modern times, it has never been more important to have in place a system of collaboration, coordination, and communication involving both the public health and emergency management communities.  Unfortunately, the rapid escalation of the pandemic has been associated with confusing and sometimes contradictory communication about its spread and what individuals need to know and do to protect their lives and health, and that of others.  These sometimes contradictory messages are confusing to the general public and may undermine both the public health response and public trust in official sources of critical public health information.  Citizens need reliable and actionable information, based on expert, objective public health guidance, to help them understand their risk of exposure as they go about their lives.  The public needs clarity and transparency about stay-at-home orders, travel bans, personal protection efforts, and social distancing.  A responsible communication response to public health emergencies requires cooperation and coordination among all units and levels of government.

Throughout the COVID-19 pandemic, local governments in Florida have received insufficient information and communications from FDOH regarding situations, risks, and guidance relative to personal protective action inhibiting disease spread.  As each community’s situation is unique with respect to the prevalence of the coronavirus, community demographics and characteristics, and risk factors, it is critical for public health officials to provide guidance that is relevant to the specific community.  However, decisions regarding re-opening, personal protective measures, vaccinations, and communicating risk to the public have been made at the highest levels of state government on the basis of politics rather than objective, expert public health guidance.  As such, requests from local governments for official public health guidance or interpretation from FDOH have consistently been met with an inability or unwillingness to respond.

Communicating effectively with the public about specific threats is a critical, foundational element of successful emergency management and public health.  It helps mitigate risks, supports the implementation of protective actions, and contributes to minimizing negative mental health impacts of public health emergencies.  As such, it is recommended that the Legislature direct that a study be conducted to review and identify recommendations for establishing a statewide public health agency that is independent of direct executive or legislative control.  The existence of such an independent public health agency would better ensure the consistent, timely, and objective communication of vital public health information during the current COVID-19 pandemic as well as future emergencies.

During the 2021 Legislative Session, Senator Ausley and Representative Alexander each filed bills which would have established a Public Health Task Force within the Legislature to assess the Florida Department of Health’s resources and capacity to sustainably deliver public health services in the state.  The legislation would have also directed the task force to make recommendations for improvements to the Department’s framework for statewide implementation of public health services.  Neither bill was heard in committee.

Action:            Support legislation requiring a study to review and identify recommendations for establishing an independent statewide public health agency.

Preemption of COVID-19 Mitigative Measures

Issue:               As prescribed under Florida Statutes, the State Health Officer for Florida’s Department of Health (DOH) is exclusively responsible for declaring a “public health emergency,” and has the authority to take any action necessary to protect the public health such as issuing public health advisories and ordering isolation, quarantine, and vaccination mandates.  Amid the COVID-19 pandemic, the State Legislature has sought to create new requirements and restrictions to address the State’s vulnerability to public health emergencies.  During the 2021 Legislative Session, SB 2006 was approved which, among other provisions, requires the DOH Health to develop a state public health emergency management plan which “must address each element of public health emergency planning and incorporate public health and epidemiological best practices to ensure that the state is prepared for every foreseeable public health emergency.” In addition, the legislation established a statewide ban on “COVID-19 vaccine passports,” specifically prohibiting governments, businesses, and education institutions from requiring documentation of COVID-19 vaccination or post-infection recovery in order to receive services or enter facilities.  As enacted, the DOH is authorized to enforce the vaccine prohibition by issuing fines up to $5,000 per violation.

                        Legislation has been filed for the 2022 Legislative Session which would further restrict the State of Florida’s and local governments’ ability to implement mitigative measures to slow the spread of COVID-19.  Specifically, HB 75 would prohibit the State or any political subdivision from enacting face covering or vaccination requirements, among other provisions.  In addition, HB 6009 would remove the authority of the State Health Officer under Sec. 381.00315, F.S. to require individuals to be vaccinated for communicable diseases, even when an individual poses a danger to the public health.  As of the publication of this item, neither HB 75 nor HB 6009 has been assigned to committees, and no Senate companion to either bill has been filed at this time.

Action:            Oppose legislation that would limit the State of Florida’s or local governments’ ability to implement mitigative measures to slow the spread of COVID-19.

Remote Public Meetings During Public Health Emergencies

Issue:               As prescribed under Florida Statutes, local governing bodies are required to have a quorum physically present in a specific public place in order to conduct public meetings.  On March 20, 2020, following the publication of the Centers for Disease Control and Prevention’s social distancing guidelines for preventing the spread of COVID-19, Governor DeSantis issued Executive Order No. 20-69 suspending statutory physical quorum requirements for local government public meetings.  Specifically, the Executive Order authorized the use of Communications Media Technology (CMT), as provided in section 120.54(5)(b)2, Florida Statutes, to conduct meetings of local governing bodies, and enabled such governing bodies to use telephone and video conferencing as options to hold public meetings.  Subsequently, at the April 14, 2020 meeting, the Board ratified a temporary modification to Policy No. 01-05, “Rules of Procedure for Meetings of the Leon County Board of County Commissioners,” to allow for the use of CMT to conduct virtual meetings of the Board as well as County advisory boards, councils, and committees.  The Board continued to conduct virtual meetings, specifically to avoid congregating in-person, until expiration of the Executive Order on November 1, 2020.

                        During the 2021 Legislative Session, two bills were filed seeking to automatically suspend the physical quorum requirement for local governmental bodies during a declared state of emergency.  HB 1217 and SB 1494 would have authorized meetings of any board or commission to be held via telephone, real-time videoconferencing or similar real-time electronic or video communication for up to six months following the declaration of an emergency by the Governor.  Both bills were referred to committees but were not heard during Session.

Action:            Support legislation authorizing virtual meetings of local government bodies during a declared state of emergency.

Monument to Confederate Soldiers from Leon County at the Florida Capitol Complex

Issue:               In 1882, a group of local women commissioned a monument dedicated to Confederate Civil War soldiers from Leon County.  It was originally placed on the west side of the Florida Capitol (which is now the Historic Capitol) and in 1923 was moved to its present location in front of the Historic Capitol facing Monroe Street.  An inscription at the base of the monument indicates that it was built “To rescue from oblivion and perpetuate in the memory of succeeding generations the heroic patriotism of the men of Leon County who perished in the Civil War of 1861 to 1865” and was “raised by their country women.” Although the monument does not explicitly reference the Confederacy, Florida voted to secede from the United States in January 1861 and fought on behalf of the Confederacy during the Civil War before being readmitted to the Union in 1868.  On the remaining three sides of the monument are inscribed the Civil War battles these men participated in.

Several members of the Florida Legislature, including members of Leon County’s legislative delegation, and others have called for the monument’s removal in recent years.  At the June 16, 2020 meeting, the Board directed staff to explore the history of the monument as well as any options to potentially relocate it.  Since that time, County staff, the County Attorney, and the County’s contract lobbyist have reached out to the Florida Department of Management Services (DMS), the Senate Secretary’s Office, and the Florida Historic Capitol Museum to determine which entity controls the monument, but these agencies have provided conflicting responses.  The County Administrator subsequently sent letters to the DMS Secretary, Senate Secretary, Governor, and Senate President requesting assistance to determine who controls the monument, but the County has received no response.  As such, it remains unclear at this time which entity controls the monument.  Given this uncertainty, it is recommended that the Board support legislation to effectuate the relocation of the monument.

Action:            Support legislation to effectuate the relocation the Confederate monument that is currently located at the State of Florida Capitol Complex.

Establish Florida’s Emancipation Day as a State Holiday

Issue:               Emancipation Day in Florida is traditionally celebrated on May 20 to recognize the emancipation of African American slaves.  The Emancipation Proclamation was issued by President Abraham Lincoln on January 1, 1863; however, it was more than two years later at the end of the Civil War, on May 10, 1865, that Union Brigadier General Edward M. McCook arrived in Tallahassee to take possession of the city from Southern forces.  On May 20, 1865, after official control of the region was transferred to Union forces, General McCook declared the Emancipation Proclamation in effect.  At the September 29, 2020 meeting, the Board approved a resolution of support for establishing May 20, Florida’s Emancipation Day, as a state holiday in celebration of the past, present, and future of Black economic liberation and those who work toward that liberation.  The resolution also supported establishing Juneteenth Day (June 19) as a federal holiday in commemoration of the date on which the announcement of emancipation of enslaved people was made in Texas on June 19, 1865.  Although slavery in the United States was not formally abolished until the ratification of the 13th Amendment to the U.S. Constitution on December 6, 1865, Juneteenth is commonly observed nationwide to celebrate the end of the enslavement of people of African descent, primarily in the states of the former Confederacy.

                        During the 2021 Legislative Session, SB 490 was filed which would have designated Juneteenth Day (June 19) as a legal holiday and a paid holiday for employees of all branches and agencies of state government.  The Senate bill was later laid on the table and replaced by HB 1553, which initially would have established a “Victims of Communism Day” in Florida but was amended by the Senate to also establish Juneteenth Day and Florida’s Emancipation Day as legal holidays.  Ultimately, however, the House did not take up the amended version of the bill prior to adjournment of the Legislature sine die.

Of note, the Board has in recent years adopted a federal legislative policy priority to establish a nationwide Juneteenth Day holiday.  On June 17, 2021, President Biden signed the federal Juneteenth National Independence Day Act (S. 475) which established Juneteenth Day as a federal holiday.

Action:            Support legislation establishing May 20, Florida’s Emancipation Day, as a state holiday.

Medicaid Expansion

Issue:               The Medicaid program was established in 1965 as a federal-state-local partnership to provide health insurance coverage to low-income children and their families, seniors and people with disabilities.  The federal government provides oversight and broad guidelines for Medicaid, such as minimum eligibility and benefit requirements, while states have flexibility within these guidelines in administering the program, often in partnership and with assistance from counties.  This flexibility allows states to respond to unforeseen increases in health care needs and costs due to factors such as changing demographics, new medical technology and ways to deliver care as well as public health emergencies such as Zika and most recently, COVID-19.

The Affordable Care Act (ACA) granted states the ability to expand Medicaid eligibility to nearly all low-income adults, including those without children, earning up to 138% of the federal poverty level.  In 2012, the U.S. Supreme Court ruled that this expansion of the Medicaid program is optional for states (National Federation of Independent Business v. Sebelius).  Florida is currently one of twelve states that have not opted to expand coverage to low-income adults without children under the ACA.  Voters in Missouri and Oklahoma approved referenda in 2020 to expand Medicaid in their states.

According to a 2019 report by the Florida Policy Institute, to qualify for Medicaid in Florida, a family of three with dependent children must not earn more than 32% of the federal poverty level, or $6,825 per year.  To qualify for marketplace health insurance assistance, a family of three with dependent children must earn at least $21,330 per year.  Families between $6,825 and $21,330 annual income are not eligible for any coverage, representing what is known as the “coverage gap.” If Florida were to expand Medicaid, the Legislature’s Office of Economic and Demographic Research has projected that for FY 2022-23, 964,056 Floridians would gain access to affordable health care.  This includes adults in the coverage gap and those with incomes up to 138% of poverty.

To offset the financial burden of covering additional individuals, the federal government covered 100% of the Medicaid costs for newly eligible enrollees in 2016, 94% of costs starting in FY 2018, and 90% in 2020 and thereafter.  According to the Florida Policy Institute report referenced above, the State of Florida would realize an estimated net savings of nearly $200 million in FY 2022-23 by accessing these enhanced federal matching funds for income-based Medicaid beneficiaries under expansion.  Additionally, in a paper published in 2020 in the New England Journal of Medicine, researchers from Harvard and the Massachusetts Institute of Technology concluded that Medicaid spending has been subsidized entirely by increased federal funding to states that have expanded access, with no significant changes in spending from state revenues associated with Medicaid expansion and no evidence that Medicaid expansion forced states to cut back on spending on other priorities, such as education, transportation, or public assistance. The paper also found that the enhanced federal matching dollars from Medicaid in expansion states also offset costs incurred by public hospitals, mental health centers, and health care providers for people involved in the criminal justice system.

As a result of the ongoing impacts of the COVID-19 pandemic, such as recent surge in cases caused by the delta variant of the coronavirus, the number of people needing medical care has increased significantly.  In addition, the COVID-19 pandemic has also increased the number of Florida and Leon County residents who have fallen into lower income brackets due to unemployment.  Given these considerations, the Medicaid Matters for Florida Coalition and the League of Women Voters requested Leon County’s support in advocating for the State of Florida to accept federal funding to expand Medicare coverage.  The Board adopted a resolution of support for Medicaid expansion in Florida at the September 29, 2020 meeting.

Action:            Support the expansion of the Medicaid program in Florida to provide coverage eligibility for adults under the age of 65 with incomes up to 138% of the federal poverty level, as provided in the Affordable Care Act.

Amtrak Passenger Rail Restoration

Issue:               In August 2005, Amtrak’s Sunset Limited, passenger rail service for the Gulf Coast region between New Orleans and Jacksonville through Leon County, was suspended due to the impacts of Hurricane Katrina.  Shortly after, Leon County began to engage our local legislative delegation, CSX, FDOT, and others to advocate for the restoration of passenger rail service, which remains suspended today because of the cost and challenges associated with restoring service to this route.

Efforts are ongoing at this time to restore rail service between New Orleans, Louisiana and Mobile, Alabama; however, the State of Florida has not joined these efforts to extend passenger rail service into Florida.  In August 2021, the Surface Transportation Board, which is an independent federal agency charged with the economic regulation of various modes of surface transportation including freight rail, determined that it will review a request by Amtrak to restore Gulf Coast service between New Orleans and Mobile.  The CSX and Norfolk Southern railroads, on whose tracks the Amtrak service would operate, as well as the Port of Mobile previously requested that a study be completed first to assess how passenger rail service may affect freight rail and port operations.  The decision by the Surface Transportation Board in August instituted a proceeding for evaluating Amtrak’s request including a procedural schedule, with a hearing expected to be scheduled in late 2021 or early 2022.

Given the increased federal interest in investing in freight and passenger rail infrastructure (more detail provided in the following section regarding federal policy priorities), the State of Florida’s participation can support efforts to secure federal funding for the future restoration of passenger rail service along the Gulf Coast.

Action:            Support efforts to restore passenger rail service between New Orleans and Jacksonville through Leon County.

Public Safety on College and University Campuses

Issue:               Gun rights legislation has taken a prominent role during recent legislative sessions, with a broad variety of bills introduced each year addressing how and where firearms can be carried in Florida, including college and university campuses.  Under current law, it is illegal for a person to carry a weapon onto a college or university campus, regardless of whether that person holds a concealed carry permit.  In 2015, the Board unanimously approved a resolution supporting Florida State University, Florida A&M University, and Tallahassee Community College in their unified opposition to allowing concealed weapons on university and college campuses.  This has also been a top priority of the Board during recent legislative sessions.      

For the upcoming 2022 Florida Legislative Session, HB 6007 has already been filed which would allow concealed carry licensees to carry firearms into college or university facilities.  At this time, the bill has not been referred to committees and there is no Senate companion bill.

Action:            Oppose statutory changes to Section 790.06, F.S. that would allow the concealed carrying of firearms into college or university facilities.

Public Records Exemption for Election Workers

Issue:               During the September 14, 2021 meeting, Leon County Supervisor of Elections Mark Earley requested the County’s support for legislation that would create new exemptions from Florida’s public records laws for elections personnel.  Supervisor Earley reported that the proposal originates from the Florida State Association of Supervisors of Elections, and in light of the increasing number of physical threats against Supervisors of Elections and their deputies around the country, is one of the association’s top legislative priorities for the 2022 Session.  Specifically, the proposal seeks an amendment to Section 119.071(4)(d)(2), Florida Statutes, to create a new subparagraph which reads:

                        “The home addresses, telephone numbers, and dates of birth of current and former county supervisors of elections, current and former employees of county supervisor of election offices, and current and former poll workers; the names, home addresses, telephone numbers, dates of birth, and places of employment of the spouses and children of such supervisors of elections and employees of county supervisor of election offices; and the names and locations of schools and day care facilities attended by the children of such supervisors of elections and employees of county supervisor of election offices are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.”

The Board voted to approve Leon County’s submittal of this policy proposal to the Florida Association of Counties for consideration during its upcoming policy development process.

Action:            Support an amendment to Sec. 119.071(4)(d)(2), F.S. to exempt personally identifying information of elections personnel from public records requests.

Florida Association of Counties (FAC) Issues

Issue:               FAC’s mission is to help Florida’s counties serve and represent Floridians by preserving county home rule through advocacy, education, and collaboration.  Representing all 67 counties before the Florida Legislature, FAC addresses issues that have broad statewide appeal such as the opposition of unfunded mandates or cost shifts to counties, growth management, annexation, revenue-sharing, and water management issues.

                        Annually, FAC hosts the Innovation & Policy Conference and Legislative Conference to develop and finalize FAC’s legislative policies for the upcoming legislative session.  The Innovation & Policy Conference is scheduled for September 21-22, 2021, and proposed policies that the FAC membership will consider during the conference is included as Attachment #1 to this workshop item.  FAC will finalize its 2022 federal and state legislative program during the 2021-22 Legislative Conference which will take place November 17-19 in Walton County.  The statewide issues identified by the FAC membership will assist staff in identifying the most critical issues facing counties during the state legislative session.  Accordingly, staff recommends the Board’s support of the 2022 FAC legislative program unless specific issues conflict with Leon County’s interests.

 

PROPOSED POLICY REQUESTS

117TH UNITED STATES CONGRESS, SECOND SESSION

 

Each year staff evaluates the trends and issues affecting all County programs and services to identify potential policy or substantive legislative issues at the federal level.  Most substantive issues affecting the County at the federal level are coordinated through the County’s National Association of Counties (NACo) representation.  Squire Patton Boggs, the County’s federal contract lobbying firm, works closely with staff on select federal policy issues that have been identified as Leon County priorities by the Board.  Staff coordinates regularly with the County’s federal lobbying team by phone and e-mail to strategize on key budget issues and to identify federal grant opportunities that could potentially fund Leon County projects.  In addition, Squire Patton Boggs assists staff in preparing regular updates to the Board on federal legislative activities.  A comprehensive update on federal legislative and regulatory actions compiled by Squire Patton Boggs is included as Attachment #2 to this agenda item.

 

Following are the proposed Leon County 2022 federal legislative policy requests for the second session of the 117th Congress.  Each request provides a brief overview of the issue and indicates the specific recommended legislative action.

FY 2022 Federal Appropriations

Issue:               On February 26, 2021, the Chairman of the U.S. House Appropriations Committee announced that “Community Project Funding Requests” (commonly known as “earmarks”) would be accepted from House members for consideration during the FY 2022 appropriation process.  Each member was limited to submitting a total of 10 project requests for consideration by the House Appropriations Committee.  Details regarding project eligibility for these funding requests was released by the House Appropriations Committee in mid-March, with a deadline for House members to submit their funding requests to the Appropriations Committee in early April.  In light of the project request limit per member and competing interests within member districts, the County’s legislative team worked quickly to identify Leon County projects which met the eligibility criteria for this funding opportunity and coordinate funding requests with delegation members’ offices.  Congressman Lawson sponsored the following two Leon County requests:

In July 2021, these projects were included in the House’s Interior and Environment and the Transportation, Housing, and Urban Development appropriations bills, respectively, which were approved by the House.  However, in order to be funded, these projects must be included in an appropriations package that is approved by both the House and the Senate.  As of the publication of this workshop item, the House has passed nine of its 12 annual appropriations bills, and the Senate Appropriations Committee approved three of its FY 2022 spending bills before departing for its August recess.  With the start of federal FY 2022 looming on October 1, Congress is expected to adopt a Continuing Resolution (CR) to maintain federal government operations and programs into the next fiscal year; Squire Patton Boggs has reported that a CR may extend into early/mid-December.  Additional information regarding the federal FY 2022 appropriations process is provided in the Squire Patton Boggs update which is included as Attachment #2 to this workshop item.

Also, in August 2021, Congressional Democrats adopted a $3.5 trillion budget resolution to serve as the blueprint for a reconciliation package to include components of the President’s American Jobs Plan and the American Families Plan into a package being referred to as the Build Back Better Act.  The reconciliation framework calls for $3.5 trillion in long-term investments in a variety of physical and social infrastructure initiatives, which would be fully offset by a combination of new tax revenues, health care savings, and long-term economic growth.  A memo issued by Senate Majority Leader Chuck Schumer which provides a summary of initiatives that may be funded under a reconciliation bill is included as Attachment #3.

At this time, House and Senate committees are actively working to develop the specific policy proposals that would be enacted in the reconciliation bill.  Timing for House floor consideration is uncertain; with a razor-thin majority, House Speaker Nancy Pelosi can only afford to lose three Democratic votes to pass legislation on a party-line basis.  Several moderate Democrats have threatened to vote against the rule if the chamber did not also vote on the Infrastructure Investment and Jobs Act (IIJA), discussed in further detail in the following subsection of this item.  While Senate committees have not begun formal consideration of the reconciliation package, Democratic Senators have been expressing disagreements with what the House committees have produced, particularly with regard to tax, health, and climate policy provisions.  The most significant obstacles to finalizing the President’s infrastructure agenda are Senators Kyrsten Sinema and Joe Manchin, who remain opposed to a $3.5 trillion package, with Senator Manchin expressing support for a package in the range of $1-1.5 trillion.

Should Congress pass the reconciliation package discussed above, or a portion thereof, the County will quickly and immediately work to ensure that the community is well-positioned to take full advantage of any funding opportunities that may arise. Similar to the process utilized following Congress’ passage of the American Rescue Plan Act, staff will work closely with Squire Patton Boggs to conduct an extensive analysis of the reconciliation package as enacted by Congress, evaluate the specific criteria for any local funding opportunities included in the legislation, and quickly engage community partners to identify local projects and initiatives that may be eligible for federal funding. As discussed above, it remains unclear at this time if and when Congress will approve a reconciliation package and what specific funding opportunities may be included therein; however, staff will continue to keep the Board apprised of the status of this legislation through future agenda items, status updates, and/or through the budget process as appropriate.

Action:            Support the inclusion of Leon County’s Community Project Funding requests for the Lake Henrietta Restoration project and the Concord School Restoration project in the federal FY 2022 appropriations package.

Surface Transportation Reauthorization and Member-Designated Projects

Issue:               In December 2015, Congress enacted the Fixing America’s Surface Transportation Act (FAST Act), a five-year authorization bill and commitment to investing in surface transportation infrastructure nationwide.  Administered by the U.S. Department of Transportation, the FAST Act committed $305 billion through FY 2020 for highways, roads, bridges, transit, rail and safety programs. Last year, Congress approved a one-year extension of the five-year authorization through September 30, 2021. In light of the upcoming expiration of federal surface transportation programs, both the House and Senate have been working to develop a surface transportation reauthorization bill.

In March 2021, the Chairman of the House Committee on Transportation and Infrastructure announced that similar to the FY 2022 appropriations process, requests for “member-designated projects” (or “earmarks”) would be accepted for consideration in in the House’s proposed surface transportation reauthorization bill.  Accordingly, the County’s legislative team quickly coordinated with Blueprint staff and with the Capital Region transportation Planning Agency (CRTPA) to review local projects prioritized under the CRTPA’s Transportation Improvement Program Project (TIP) in order to identify local projects that best meet the eligibility requirements for this funding opportunity.  As reported in the 2021 Legislative Session Final Report, the County submitted a request to Congressman Lawson’s office for the Magnolia Drive Trail project. This request seeks $5 million to support three project phases, which will provide a 1.8-mile multiuse trail with associated utility improvements along Magnolia Drive. This project will provide enhanced multimodal connectivity between major commercial corridors in Tallahassee-Leon County’s south side from South Monroe Street to Diamond Street.  If awarded, the federal funds would cover 30% of the overall project cost, saving $5 million in Blueprint funding committed to the project.

On July 1, 2021, the House passed the Investing in a New Vision for the Environment and Surface Transportation (INVEST) in America Act, a $579 billion surface transportation reauthorization through FY 2026.  The INVEST in America Act provides reauthorizations for a number of highway, road, bridge, transit, rail, climate, and safety programs, and included $5.7 billion for member-designated earmark projects in FY 2022. The INVEST in America Act included the County’s Magnolia Drive Trail project request as well as earmarked funding for three other local project requests within Leon County sponsored by Congressman Lawson: the CRTPA’s Monroe Street Sidewalk Improvement project ($2.4 million), the City of Tallahassee’s South City StarMetro Transit Center project ($2.4 million), and funding for the City to replace StarMetro buses ($1.8 million).  The Senate Commerce Committee has passed its own version of a five-year reauthorization bill, which did not include consideration of surface transportation earmark requests.

On August 10, 2021, the Senate passed the Infrastructure Investments and Jobs Act (IIJA), a bipartisan infrastructure package that includes surface transportation reauthorization, in addition to other infrastructure initiatives.  The IIJA would provide $1 trillion over five years for roads, bridges, ports, airports, rail, and transit – as well as water infrastructure, broadband, power infrastructure, and climate resiliency. At this time, however, the IIJA does not include member-designated projects such as Leon County’s Magnolia Drive Trail project request. On August 24, the House passed a procedural rule that deemed the Senate-passed $3.5 trillion budget resolution (discussed in the previous subsection) adopted by the lower chamber. In a concession to moderates – who threatened to vote against the rule if the chamber did not also vote on the IIJA – the rule includes a statement that the House will consider the IIJA by September 27.

Additional analysis of the proposed IIJA compiled by Squire Patton Boggs is included as Attachment #4 to this item. Major provisions of the IIJA include $110 billion in new spending for roads, bridges, and major projects; $55 billion for water infrastructure; $66 billion for passenger and freight rail (discussed in more detail in the following subsection of this item regarding Amtrak passenger rail restoration); and billions in additional new spending for public transit, broadband, electrical vehicle charging and other clean energy infrastructure investments.  While the IIJA does not include local surface transportation project earmarks as requested for consideration by the House, the proposed legislation does include over $100 billion in competitive grant funding to support state and local infrastructure improvement.  In addition, at this time, House and Senate committees are in the process of “marking up” the reconciliation bill discussed in the previous subsection; the Chairman of the House Transportation and Infrastructure Committee has indicated that he is seeking to use reconciliation to reinstate the 1,475 member-designated projects that were previously included in the House surface transportation bill.

Action:            Support the passage of the Infrastructure Investments and Jobs Act, including direct federal funding to support local infrastructure projects.

Amtrak Passenger Rail Restoration

Issue:               Amtrak’s Sunset Limited passenger rail service for the Gulf Coast Region between New Orleans and Jacksonville through Leon County was suspended following Hurricane Katrina in August 2005. Since that time, Leon County has engaged the local legislative delegation, CSX, FDOT, and federal and state partners to advocate for the resumption of passenger rail service along the Gulf Coast route which remains out of service today due to the costs and challenges associated with restoring this service route.  The Gulf Coast Rail Service Working Group, established by Congress to evaluate the restoration of the Gulf Coast rail service route, presented its final report in July 2017 identifying sustained financial support for capital improvement needs and projected operating losses as a key challenge to service restoration.  The final report identified short-term and long-term phase projects and federal funding opportunities to support restoration efforts including the Consolidated Rail Infrastructure and Safety Improvements (CRISI) Program and the Restoration and Enhancement Grants (REG) Program.

In recent years, state and local governments in Louisiana, Mississippi, and Alabama have been successful in securing grants through CRISI and REG to address key infrastructure needs and to support operations of passenger rail service between New Orleans, Louisiana and Mobile, Alabama.  In 1982, these three states formed an interstate rail compact now known as the Southern Rail Commission (SRC) for the purpose of supporting rail service. The SRC allows for membership by contiguous states; however, Florida has not elected to join. Working with local, state, and federal governments, the SRC has secured funds to resume twice-daily passenger rail service between New Orleans and Mobile in 2023. In addition, as discussed in the “State Policy Priorities” section earlier in this item, the federal Surface Transportation Board has determined that it will review a request by Amtrak later this year to restore Gulf Coast service between New Orleans and Mobile along tracks owned by CSX and Norfolk Southern.

In addition, as discussed in the previous subsection, the House and Senate are considering the Infrastructure Investments and Jobs Act (IIJA) which, among other provisions, would provide for new and significant federal investments in the nation’s infrastructure through upcoming years.  The IIJA calls for the investment of $66 billion in passenger and freight rail infrastructure, which would be the largest investment in rail transit since the creation of Amtrak 50 years ago. Specifically, the IIJA seeks to dedicate new federal funding to eliminate Amtrak’s backlog of deferred rail maintenance, create new and renovate corridors nationwide, and increase funding for federal competitive grants that support intercity rail improvements.  Notably, the proposal would invest a total of $15 billion in competitive rail grants over five years, including the dedication of $50 million annually for the Federal Railroad Administration Restoration and Enhancement Grants program to support the restoration of discontinued passenger rail service.

Action:            Support federal funding through programs such as CRISI and REG and through the Infrastructure Investment and Jobs Act to facilitate the restoration of passenger rail service in the Gulf Coast region.

Federal Disaster Housing Stability Act of 2021

Issue:               In response to the public health and economic impacts of the COVID-19 pandemic, the U.S. Centers for Disease Control and Prevention (CDC) issued a nationwide moratorium banning residential evictions beginning in September 2020.  The eviction moratorium prohibited landlords from evicting tenants due to inability to pay rent and has since been extended multiple times during the past year. Following the recent expiration of the moratorium on July 31, 2021, the CDC announced a new nationwide moratorium on certain evictions, targeted to communities with high levels of COVID-19 transmission driven by the more contagious Delta variant; however, while the CDC’s new moratorium order was set to remain in effect through October 3, 2021, the order been repeatedly challenged in court and, most recently, was blocked by the U.S. Supreme Court which indicated that Congress must specifically authorize legislation in order to impose an eviction moratorium.

On August 17, 2021, Congresswoman Val Demings introduced, and Congressman Al Lawson co-sponsored the Federal Disaster Housing Stability Act of 2021 (H.R. 5043), which would provide for an automatic moratorium on residential evictions and foreclosures during future federally declared disasters. Specifically, the legislation would automatically suspend residential evictions for 90 days and foreclosures for six months within the jurisdiction of the declared disaster. Under the legislation, the automatic moratorium would protect renters and homeowners during all emergency and major disaster declarations made by the President. H.R. 5043 has been referred to the House Committee on Financial Services but has not been scheduled to be heard; as of the publication of this workshop item, a companion bill has not yet been filed in the U.S. Senate.  Staff will continue to monitor H.R. 5043 and any similar legislation filed during the upcoming session of Congress.

Action:            Support the passage of the Federal Disaster Housing Stability Act of 2021 (H.R. 5043) or similar federal legislation to provide an automatic eviction and foreclosure moratorium during federally declared disasters.

Federal Cannabis Legislation

Issue:               At the December 8, 2020 meeting, the Board added a policy priority to the County’s 2021 federal legislative priorities to support the Marijuana Opportunity Reinvestment and Expungement Act of 2019 (the “MORE Act”), which was introduced in the U.S. House in July 2019.  The MORE Act sought to decriminalize marijuana at the federal level by removing it from the Controlled Substances Act (CSA). The CSA places all controlled substances regulated under federal law into one of five “schedules” based upon the substance’s medical use, potential for abuse, and safety or dependence liability. Marijuana is currently classified as a Schedule I drug in the CSA, which includes substances that the U.S. Food and Drug Administration and the Drug Enforcement Administration have determined to have a high potential for abuse, no currently accepted medical use, and a lack of safety for use under medical supervision.

In recent years, several states have passed laws authorizing the use of cannabis for medical and/or recreational use. Following the November 2020 General Election, 36 U.S. states have approved measures to regulate cannabis for medical use, and 15 states approved measures to regulate personal recreational use of cannabis for adults.  Regardless of state laws, however, Article VI of the United States Constitution provides that federal law preempts state law, even when those laws conflict. Accordingly, any possession or use of marijuana, even if legal under state law, remains illegal under federal law and is punishable under the CSA. On September 17, 2019, the Board received a status report on Leon County’s Adult Civil Citation (ACC) program and how possession of small quantities of marijuana is treated within the program.  The report also included an overview of reform efforts throughout the state and nation to decriminalize the personal possession of small quantities of marijuana.  At the October 15, 2019 meeting, the Board considered a draft ordinance to provide civil penalties for misdemeanor marijuana possession offenses.  As discussed in the associated agenda materials, the State Attorney has indicated his opposition to any local marijuana decriminalization ordinance in Leon County, as such an ordinance would be contrary to state and federal law and therefore unenforceable, and the Leon County Sheriff has also indicated that the Sheriff’s Office would not participate in issuing civil citations.  The Board voted not to move forward with a local marijuana decriminalization ordinance.

While the MORE Act of 2019 was not approved by Congress during the 116th Congress, similar marijuana decriminalization legislation has been filed for consideration during the 117th Congress.  On May 28, 2021, the MORE Act of 2021 (H.R.3617) was introduced in the U.S. House.  As proposed, H.R. 3617 would deschedule marijuana under federal law and effectively eliminate criminal penalties for the manufacturing, distribution, or possession of marijuana.  If enacted, the bill would decriminalize marijuana retroactively, and federal courts would be required to expunge any prior convictions for marijuana-related offenses.  The bill would also establish a trust fund to support services for individuals most adversely affected by cannabis-related convictions utilizing funds from a proposed 5% tax on cannabis products.

In addition, on July 14, 2021, Senate Majority Leader Chuck Schumer and Senators Cory Booker and Ron Wyden released draft legislation titled the “Cannabis Administration and Opportunity Act,” which also proposes the decriminalization of marijuana at a federal level.  Like the MORE Act, the Cannabis Administration and Opportunity Act would deschedule marijuana from the CSA, and in turn, empower state regulation of the possession, production, or distribution of cannabis.  Among other provisions, the Cannabis Administration and Opportunity Act seeks to provide funding for programs aimed to supporting individuals adversely impacted by the “War on Drugs” and would require each federal district to expunge any arrests and convictions for nonviolent federal cannabis offenses within one year of enactment of the legislation.  While the draft legislation has not yet been formally filed in the U.S. Senate, staff will continue to monitor development of the Cannabis Administration and Opportunity Act, as well as the MORE Act and any similar legislation filed during the upcoming session of Congress.

Action:            Support the Marijuana Opportunity Reinvestment and Expungement Act, the Cannabis Administration and Opportunity Act, or similar legislation related to the decriminalization of marijuana at the federal level.

Foreign Trade Zone Application

Issue:               In 1934, the United States created the Foreign Trade Zone (FTZ) Program to improve the competitiveness of U.S. companies versus foreign based companies.  The FTZ is a designated area within a country where imported goods can be stored or processed without being subject to import duty, helps level the playing field, and improves U.S. competitiveness by reducing operation costs.  An FTZ helps to encourage value-added activities at U.S. facilities in competition with foreign alternatives by allowing delayed or reduced duty payments on foreign merchandise, as well as other savings.  The advantages of having an FTZ can be the difference a company needs to have access to global markets and keep or locate manufacturing or distribution operations in the region.  The benefits associated with businesses in the FTZs will vary depending upon the type of operation involved and authority granted by the Foreign-Trade Zones Board and Customs, but generally may include duty exemptions/deferrals, reduction or inverted tariffs, merchandise processing fee reductions, and others.  In 2014, the Tallahassee City Commission authorized staff to pursue the creation of a FTZ at the Tallahassee International Airport.  The City is currently in coordination with the Federal Government to complete prerequisite steps to finalize its formal application to establish an FTZ.

Action:            Support the City of Tallahassee's application for a Foreign Trade Zone at the Tallahassee International Airport.

National Association of Counties (NACo) Issues

Issue:               The National Association of Counties (NACo) advocates with a collective voice on behalf of America’s 3,069 county governments.  Its membership includes urban, suburban, and rural counties.  NACo’s advocacy efforts are guided by a policy platform and single-subject policy resolutions adopted at each annual conference by policy committees and the full membership.  Each year, most of the County’s substantive federal priorities align with NACo’s policy platform.  For the second session of the 117th Congress, NACo will be advocating for or against a variety of substantive federal issues on behalf of all counties across the nation including infrastructure funding, health care and mental health reform, economic and workforce development, development of broadband technology and infrastructure, disaster relief and resilience, and more.  NACo’s current federal policy priorities are included as Attachment #5 to this agenda item.

 

ANALYSIS OF MINORITY, WOMEN, AND SMALL BUSINESS ENTERPRISES (MWSBE) PARTICIPATION IN LOCAL GOVERNMENT LOBBYING CONTRACTS

On June 8, 2021, the Board directed staff to provide an analysis exploring trends and best practices related to Minority, Women, and Small Business Enterprises (MWSBE) participation in local government lobbying contracts.  Leon County’s MWSBE Program, managed and operated under the Office of Economic Vitality, is intended to promote equitable opportunities for minority, women, and small businesses to participate in local government purchasing and contracting.  The program ensures utilization of MWSBE firms in all aspects of the County’s procurement activity, consistent with aspirational targets set forth in the County’s purchasing policy.

Leon County has demonstrated a longstanding commitment to promoting minority participation through its contracted lobbying services.  Since 2008, the County’s contract with Capitol Alliance Group has included a minimum MWSBE participation level of 13.5%.  In light of the upcoming expiration of the County’s state lobbying contract, during the June 8, 2021 meeting the Board authorized the County Administrator to execute a new contract for state lobbying services with Capitol Alliance Group.  At that time, the Board approved increasing the County’s contracted rate with Capitol Alliance Group from $70,000 to $85,000 for the purposes of increasing the MWSBE subcontractor participation requirement in the contract.  Accordingly, the County’s contract with Capitol Alliance Group beginning October 1, 2021 requires a minimum MWSBE participation level of 28.8%.

During the June 8 meeting, the Board also requested an analysis on the approaches of other localities across the state related to MWSBE participation in contracted lobbying services.  In preparing this item, staff reviewed the state and federal lobbying contracts of other like-sized counties across the state (Alachua, Escambia, Lake, Osceola, St. Johns, and St. Lucie Counties) for comparative purposes.  Although some of these counties have included MWSBE participation as an evaluation criterion in recent solicitations for lobbying services, none currently include a provision in their lobbying contracts similar to Leon County’s contract with Capitol Alliance Group which affirmatively requires MWSBE participation.

Conclusion:

This workshop item presents a slate of proposed legislative priorities for the 2022 Florida Legislative Session and the 2nd Session of the 117th U.S. Congress, including both legislative appropriation requests and substantive policy priorities.  The Board may wish to approve the list of priorities as presented, or may wish to revise, add, or provide any additional direction.  As always, the County’s legislative team will continue to work closely with Capitol Alliance Group, Squire Patton Boggs, FAC, and NACo to advocate for the County’s legislative priorities and to address other emerging issues affecting county governments.  Status updates on legislative activity will be presented to the Board and senior County staff throughout the 2022 Florida Legislative Session through weekly Capitol Update newsletters.  Following the adjournment of the 2022 Florida Legislative Session sine die, a final report will be presented to the Board in late spring or early summer 2022 to provide a summary of the County’s progress toward its legislative priorities and any other significant bills affecting county governments.

Options:

  1. Approve the 2022 state and federal legislative priorities.
  2. Provide any additional Board direction on the County’s 2022 state and federal legislative priorities.
  3. Do not approve the 2022 state and federal legislative priorities.
  4. Board direction.

Recommendation:

Options #1 and #2

Attachments:

  1. Florida Association of Counties Proposed Policies for the 2022 Florida Legislative Session
  2. Squire Patton Boggs September 2021 Federal Update
  3. U.S. Senate Memorandum Regarding the FY2022 Budget Resolution Agreement Framework
  4. Squire Patton Boggs Analysis of the Infrastructure Investments and Jobs Act
  5. NACo Federal Policy Priorities