2013 ALACHUA COUNTY STATE LEGISLATIVE PROGRAM

2013 ALACHUA COUNTY STATE
LEGISLATIVE PROGRAM
Alachua County Board of County Commissioners
Mike Byerly - Chair • Lee Pinkoson - Vice-Chair
Susan Baird • Charles “Chuck” Chestnut • Robert “Hutch” Hutchinson
Richard Drummond - County Manager • David Wagner - County Attorney
www.alachuacounty.us
2
TABLE OF CONTENTS
ALACHUA COUNTY POLICY ISSUES........................................................... Page
2013 Alachua County Top 5 Legislative Issues.......................................................6
Finance, Transportation & Administration Policy.....................................................7
Health & Human Services Policy.............................................................................8
Public Safety Policy ..............................................................................................10
Growth, Environmental Planning & Agriculture Policy........................................... 11
Federal Issues.......................................................................................................13
APPENDIXES
A. Florida Association of Counties Legislative Program Guiding Principles..........15
B. Alachua County Impact of the Department of Corrections
Proposed Changes to Sentencing.....................................................................21
C. Gainesville Correctional Institution (GCI)..........................................................23
PPENDIX
3
4
2013 ALACHUA COUNTY
POLICY ISSUES
5
2013 Alachua County Top 5 Legislative Issues
1.Acquisition of State Land for One Stop Homeless
Center (pg. 8)
2.County Share of Cost for Medicaid Services (pg. 9)
3.Department of Juvenile Justice (DJJ) Detention
Budget (pg. 10)
4.Communications Services Tax (pg. 7)
5.Proposed Legislative Exemption of Local
Governments from Biodiesel Tax Reporting (pg. 11)
6
2013 Finance, Transportation & Administration Policy
1. Communications Services Tax: SUPPORT amending and/or revising current law in a
manner that is: 1) revenue neutral including unused capacity; 2) simplifies administration
and collection of the current tax; 3) provides for a broad and equitable tax base; 4)
provides for the enhanced stability and reliability as an important revenue source for local
government; and 5) provides for the opportunity for market-based growth.
2. Driver’s License Issuance Fee: SUPPORT legislation that would provide an equitable
share of State DMV driver’s license fees with Counties that provide drivers licenses
services via the County Tax Collector.
3. Local Discretionary Revenue Flexibility: SUPPORT modifications to existing laws
governing local discretionary revenue sources to provide greater flexibility and more
efficient administration and management.
4. Transportation Regional Improvement Program (TRIP): SUPPORT redirecting the
2009 Motor Vehicle License Fee, Title Fee, and Initial Registration Fee surcharges from
the General Revenue Fund to the State Transportation Trust Fund.
5. Tourist Development Tax (TDT) / Sales Tax: SUPPORT legislation that would provide
for the comprehensive review of the structure, application, and administration of the
current tourist development tax model and related revenues utilized in Florida. OPPOSE
legislation that would exempt a portion of online transient rental transactions based on the
“merchant model” or similar models from TDTs.
6. Charter County Transportation System Surtax: SUPPORT good faith discussions on
allowing cities to levy the transportation surtax, provided that any expansion of the surtax
would be subject to approval by the governing board of the county, in accordance with
conditions stipulated by the county.
7
2013 Health & Human Services Policy
1. Acquisition of State Land for One Stop Homeless Center: On November 1, 2012, the
City Commission heard a presentation from staff on the designation of certain surplus
properties to be considered by the City of Gainesville for Green space targeted properties
and/or its Human Capital Resources Program. The proposed designation encompassed
approximately 181 acres. The City Commission directed staff to pursue 110 acres for the
Green Space program and 71 acres for the Department of Corrections (DOC) property
off NE 39th Avenue including the adjacent 50 acre green space area. In addition, the City
Commission directed staff to continue to pursue the permitting and construction of the One
Stop Homeless Assistance Center located at the 800 Block of NW 53rd Avenue. A cost
comparison of the 53rd Avenue site and the DOC site is due back to the City Commission
once the price can be established for the 71 acres.
The DOC facility, known as the former Gainesville Correctional Institute(GCI), is a special
use facility that the City of Gainesville wishes to obtain for various human services and
neighborhood programs including the One Stop Homeless Assistance Center. The City
was the only agency that expressed an interest in the property, and if the City was to
obtain the property, the City would be saving the state some funds by taking over the
facility. The City may wish to seek local Legislative Delegation assistance in obtaining the
property for little or no cost, since the property would be used for public use which would
not only benefit the residents of the City of Gainesville, but Alachua County and North
Central Florida as well .At this time, City staff has been working with the Department of
Environmental Protection to negotiate a price for the sale of the 181acres to the City of
Gainesville.
The DOC has identified the Gate/Administrative Building and the Medical Building as
properties it wishes to retain under state control. In addition, the state wishes to control
both parking lots for the buildings. The state is willing to grant the city temporary easement
to the remaining buildings and the parking lots until the state begins operating out of the
buildings. Staff is negotiating with state officials to allow the City shared permanent access
to the parking lots. The shared parking lot is a pending issue with the state. See Appendix
C.
8
2. County Share of Cost for Medicaid Services: FAC SUPPORTS the dissolution of the
current county-state Medicaid contributory relationship in a manner that:
a. Absolves counties of all financial responsibilities related to the provision of Medicaid
services in Florida
b. Eliminates associated administrative burdens for the counties and the state
c. Equitably mitigates any potential fiscal impact for all affected parties
However, absent the identification of strategies to achieve the aforementioned goals in
the referenced proscribed manner, FAC SUPPORTS retaining the current Medicaid billing
system, but only with certain statutory modifications. At a minimum, these modifications
should include:
a. Allowing counties to review their bills prior to payment;
b. Allowing counties to pay from a revenue source of their choosing within a specified
time period; and,
c. Allowing the state to withhold county revenue sharing for nonpayment within a
specific time period;
d. Require the state, in consultation with the counties, to develop an accurate, reliable,
and equitable billing process.
3. County Health Departments (CHDs): SUPPORT maintaining state general revenue
funding for CHDs, and OPPOSE any state reductions to the County Health Department
Trust Funds. SUPPORT efforts to enable CHDs to transition to managed care under the
Statewide Medicaid Managed Care Program without impacting service capacity. SUPPORT
reinstating the exemption from rate control for county health departments. SUPPORT
maintaining a coordinated system of county health departments (CHDs) that is centrally
housed within the Department of Health (DOH). OPPOSE efforts to decentralize the public
health system by transferring authority over CHDs from the DOH to the respective county
governments. SUPPORT preserving the ability of CHDs to provide primary care and direct
patient care services, particularly in communities without adequate substitutes or alternative
providers for these services. OPPOSE efforts, legislative or otherwise, to limit or eliminate
the provision of primary care services in CHDs.
9
2013 Public Safety Policy
1. Department of Juvenile Justice (DJJ) Detention Budget: SUPPORT the state taking
full responsibility for funding and operation of detention facilities serving juveniles,
both for pre-disposition and post-disposition days and implementing juvenile justice
reform, as recommended by the Detention Cost Share Proviso Workgroup. SUPPORT
recommendations of the joint Department of Juvenile Justice (DJJ) and Florida Association
of Counties Workgroup regarding juvenile detention; including but not limited to:
• Align the DJJ Detention budget with the statutory split. The Department has submitted a
Legislative Budget Request for $2.7 million that would help satisfy this recommendation
• Clarify in statute that post-disposition detention stays, including those associated
with post-disposition administrative handling, such as violations of probation and
pickup orders, are not the responsibility of the county. Pre-disposition detention
stays associated with violations of probation related to new charges will remain the
responsibility of the county;
• Progress with detention reform, including the implementation of a scientifically-validated
Risk Assessment Instrument that can accurately predict the risk of reoffending and court
appearance; and
• Require the DJJ to collaborate closely with the counties and achieve accountable and
collaborative governance at the local level. See Appendix C.
2. Pretrial Service Agencies: SUPPORT maintaining county ability to provide non-monetary
and risk assessment pretrial release services that ensure the safety and welfare of
local communities by preventing new offenses and ensuring those appear as obligated.
OPPOSE legislation limiting the discretion of the first appearance judge, requiring written
reports and eliminating the presumption of release on non-monetary conditions. SUPPORT
changing pretrial program reporting requirements as provided in s. 907.043, F.S., from
weekly to monthly updates. OPPOSE legislation that restricts pretrial services to only
indigent defendants and SUPPORT legislation that requires bail bondsmen to report
information as required of pretrial service agencies in s.907.043 F.
3. Synthetic Drugs: SUPPORT expanding the controlled substance schedule to include new
iterations of synthetic formulas that mimic the effects of illegal drugs. SUPPORT prohibiting
certain types of packaging and marketing of any products claiming to mimic the effects of
illegal drugs.
4. Department of Corrections Shift of Prison Inmates to Jails: OPPOSE the state shifting
inmates with less than a year on their sentence at the time of sentencing to jails instead of
prisons. See Appendix B.
10
2013 Growth, Environmental Planning & Agriculture Policy
1. Proposed Legislative Exemption of Local Governments from Biodiesel Tax
Reporting: Background - During the past few years, an increasing number of Florida local
governments have been exploring opportunities to build energy independence capacity
through the local biodiesel production derived from the local processing of Waste Vegetable
Oil (WVO).
Historically, the improper disposal of WVO has resulted in increased operational costs
associated with solid waste management. In addition, WVO disposal to wastewater
systems has resulting in the clogging of municipal wastewater collection lines and
malfunctioning of septic tank systems.
Recently, biodiesel technology advancements have allowed local governments to
readily produce biodiesel fuels, on a limited scale, derived from WVO collected from
local residents. This local production helps to address a waste management challenge,
increases energy independence, and provides local emergency operations resilience to
commercial fuel delivery system disruptions during local emergencies such as hurricanes.
Currently, Florida law associated with fuel production taxes and reporting requirements
discourages local governments from developing biodiesel production capacity. In 2010, the
Florida Legislature exempted public or private secondary schools from these requirements
(Florida Statutes, 206.874). The proposed legislation would expand the current exemption
to provide include local government biodiesel production of less than 25,000 gallons per
year.
Recommended Action: Amend Florida Statutes, 206.874 as follows:
Biodiesel fuel manufactured by a public or private secondary school that produces less
than 1,000 gallons annually for the sole use at the school, by its employees, or its students
is exempt from the tax imposed by this part. A public or private secondary school that
produces less than 1,000 gallons a year of biodiesel is exempt from the registration
requirements of this chapter. Biodiesel fuel manufactured by a local government that
produces less than 25,000 gallons annually for the sole use of local government operations
is exempt from the tax imposed by this part. A local government that produces less than
25,000 gallons a year of biodiesel is exempt from the registration requirements of this
chapter.
11
2. State Comprehensive Climate Change Action Plan: SUPPORT a state comprehensive
climate change action plan, energy policies, and other initiatives to reduce carbon dioxide and
other compounds in the atmosphere which will help provide solutions to present and future
generations, including ecosystem sustainability, long term water supply, flood protection, public
health and safety, and economic growth and prosperity. Specifically, SUPPORT state and
federal legislation that recognizes adaptation and mitigation as critical climate change issues.
Additionally, SUPPORT state funding sources to assist local governments in developing
and implementing necessary climate change initiatives. SUPPORT legislation that allows
constitutional officers to implement a four day work week, but OPPOSE legislation that requires
local governments to implement nontraditional working hours.
3. Water – Fertilizer and Landscaping: OPPOSE preemption of county authority to regulate
the use and application of fertilizer. SUPPORT enhanced statewide promotion of the Florida
Green Industries Best Management Practices as a basic level of water quality protection, with
more stringent protection authorized for specific water bodies in need. SUPPORT legislation
that would allow counties to develop regional approaches to nutrients, fertilizer, and other water
quality issues that take into account particular local concerns relating to geology and hydrology.
4. Florida Forever and Conservation Trust Funds: SUPPORT the continuation of the Florida
Forever land acquisition program, to the extent the program is sufficient to acquire land for the
protection of natural resources and green spaces. Support continuation of a dedicated state
funding source which provides local match funding for local land acquisition. OPPOSE any
efforts to undermine local government zoning authority. SUPPORT legislation that provides
future state funding for the maintenance and management of conservation lands transferred
to county control. SUPPORT legislation that provides for improved management of state lands
and public access to those lands. SUPPORT legislation that requires the State to share title
with local governments if lands are jointly acquired.
5. Affordable Housing: SUPPORT retaining the full amount of dedicated documentary tax
revenues towards state and local affordable housing programs. OPPOSE legislative efforts
that restrict or otherwise limit county home rule authority to use linkage fees for affordable
housing.
6. Regional Planning Councils (RPC) Funding: SUPPORT a fair and equitable dues structure
for counties and cities that are members of an RPC. SUPPORT full funding of regional
planning councils to, at a minimum, cover the costs of statutory responsibilities, and to support
enhanced economic development activities. OPPOSE legislation prohibiting or restricting
the ability of a regional planning council to provide planning and technical service to its local
governments.
12
2013 Federal Issues
Farm Bill Reauthorization: SUPPORT key priorities in the Farm Bill reauthorization that will
help rural counties revitalize their economies and quality of life.
Federal Stormwater Regulations: SUPPORT efforts that require the Environmental
Protection Agency (EPA) prior to promulgating or expanding Federal Stormwater Rules to
consider and incorporate public, state and local governments’ comments; provide flexibility to
incorporate geographically-specific and cost effective requirements; and conduct a study that
includes a comprehensive cost benefit analysis.
Property Assessed Clean Energy Programs (PACE): SUPPORT federal legislation to
ensure that the underwriting requirements of Fannie May and Freddie Mac allow for the use of
PACE programs by local governments as a tool to encourage energy efficiency.
Oil Pollution Act of 1990 (OPA) / Florida Recovery: SUPPORT revisions to OPA providing
greater participation from local governments as a primary first responder in an effort to protect
local communities.
Homeland Security Assistance Grants for Counties: SUPPORT federal legislation or
requirements that would improve homeland security grant programs by streamlining application
and planning requirements, promoting flexibility and providing first responders and county
governments with additional resources in an expedited fashion. Priority funding decisions
should be based on a regional and/or a multi-jurisdictional planning and collaborative effort
between state and all levels of local governments.
Community Services Block Grant (CSBG): OPPOSE efforts to eliminate or reduce CSBG
funding.
Social Services Block Grant (SSBG): OPPOSE efforts to eliminate or reduce SSBG funding.
State and Local Government Bonds: OPPOSE efforts to eliminate or limit the tax exempt
status of state and local government bonds.
Rail Investments: FAC recognizes rail infrastructure as an essential component to Florida’s
economic growth. As such, FAC SUPPORTS continued investment in rail development
endorses the current regulatory framework over railroads but OPPOSES any new regulations
that increase government control over rail and stymie economic competition.
13
Congress Trying to Pass Internet Sales Tax Legislation before Year’s End
A renewed push by the sponsors of legislation to allow state and local governments to collect
sales and use taxes on Internet or catalog purchases may see the light of day before the
conclusion of the 113th Congress. Senators Enzi (R-WY), Alexander (R-TN), and Durbin (DIL) – the sponsors of the Marketplace Fairness Act – are working with Senate leaders to have
it included in legislation Congress will likely pass before year’s end. House sponsors of similar
legislation also support this legislation. GFOA members are encouraged to ask their Senators
to support efforts to pass the Marketplace Fairness Act. Without passage, governments will
continue to lose billions of dollars in revenues.
14
APPENDIX A
Florida Association of Counties
2012 - 2013
Guiding Principles
APPENDIX
15
Florida Association of Counties 2010-2011 Guiding Principles
Alachua County is a member of the Florida Association of Counties (FAC). Representatives of
the Alachua County Board of County Commissioners participate in the FAC legislative policy
setting process and the Board generally supports the policy positions of FAC. Throughout the
Legislative Session, Alachua County representatives will communicate our position on specific
legislation and our concurrence or difference with the FAC position. Fundamentally, as a
Charter County, Alachua County supports the Home Rule authority of local governments.
The Alachua County Board of County Commissioners endorses the following FAC 2012-2013
Legislative Program Guiding Principles.
HOME RULE
County officials are dedicated to the preservation of democratic principles, specifically
that the government closest to the people is the appropriate authority to serve the needs
and requirements of the community. Home rule is the right of the people to determine and
implement a public purpose at the grassroots level. Home rule power is conferred to Florida
counties by Article VIII, Sections 1(f) and 1(g) of the Florida Constitution (1968), and by
Section 125.01, Florida Statutes. The preservation of this fundamental democratic concept is
essential to the operation of county governments in Florida. Accordingly, the Florida Association
of Counties is dedicated to maintaining the integrity of county home rule power, both
administrative and fiscal, which allows counties to develop and implement community-based
solutions to local problems.
UNFUNDED MANDATES
A state directive that compels local governments to provide a service, program, or benefit
without providing the appropriate monies or a funding source is regarded as an unfunded
mandate. County officials recognize that some state-funded mandates are justified because
they achieve agreed upon statewide policy goals. However, many, if not most, mandates
on counties are imposed without the consensus of local governments or the resources for
implementation. Mandates drain the financial lifeblood from county governments and impede
their ability to adequately deliver the fundamental services required by law. Mandates also
compromise a county’s ability to provide discretionary services requested by the local
community. Thus, the Florida Association of Counties opposes any state or federal actions that
limit the ability of local elected officials to make fiscal and public policy decisions for the citizens
they represent. Furthermore, counties support the establishment of an agreed upon course of
action whereby state and county elected officials deliberatively evaluate the appropriate funding
and delivery of intergovernmental service responsibilities between counties and the state.
16
COMMUNITY & ECONOMIC DEVELOPMENT
The strength and vitality of local and state economies are built upon the foundation of
infrastructure and services provided by county government. Furthermore, our economic
prosperity rests on the stability of community leadership and the tools that are made available
to county officials. Lastly, our community’s quality of life requires even more cooperation
and teamwork between public and private sectors. Therefore, counties need flexible tools to
develop economic strategies that target local strengths, enhance and expand employment
opportunities, and maintain adequate infrastructure. While economic development occurs
primarily at a local and regional level, it is imperative that the state assists local communities
by providing its resources through incentives, marketing and technical assistance.
Accordingly, incentives at the state and local level should be based on need and provide for a
return on public investments.
REVENUE FLEXIBILITY
The ad valorem tax is authorized to Florida counties by Article VII, of the Florida Constitution,
and implemented by general law. Within limitations, the Constitution authorizes counties to
levy up to 10 mills on all taxable property for county purposes. This tax is the primary revenue
source for the operation of county government. However, the revenue generated by this tax
has not kept pace with the demands and requirements of modern government in a rapidly
growing state. As a result, counties have to resort to other tax and non-tax revenue sources
to meet their demands. The Florida Association of Counties is dedicated to protecting the
integrity and fairness of the ad valorem taxing authority, as well as that of the other locally
imposed revenue sources. Also, the Florida Association of Counties encourages the creation
or enhancement of alternative public financing mechanisms to meet the ever-increasing
demands on county government service delivery.
GROWTH MANAGEMENT & ENVIRONMENTAL PROTECTION
The impact of growth and development in Florida during the last 30 years has brought
significant benefits and costs to county government. Given Florida’s substantial growth
during this period, the Florida Association of Counties supports a comprehensive planning
framework with state oversight, regional coordination, and minimum local requirements. At
the same time, this planning framework must recognize that many local land use decisions
result in little to no impact on state and regional interests. Furthermore, because Florida’s
communities are remarkably diverse, this planning framework must also allow maximum
flexibility to Florida’s counties to address unique local concerns and conditions. Thus, to the
greatest extent possible, the state’s comprehensive planning framework must defer to local
decision-making and include an incentive-based approach to better growth management.
17
The Florida Association of Counties supports the right of county officials to responsibly perform
their planning, police power, and other functions to address local issues at the local level.
County officials must have the ability to make reasonable decisions for the advancement of
the local community on zoning, comprehensive planning, and infrastructure issues without
being subjected to prohibitive claims for damages for infringement on private property rights.
Additionally, and consistent with counties’ home rule powers, county officials must have the
latitude to develop and impose revenue sources that allow growth to pay its fair share.
Conservation and protection of our natural resources is critical to managing growth, promoting
economic development, and maintaining a healthy environment to ensure a high quality of life
for county citizens. Accordingly, and in keeping with home rule authority, the Florida Association
of Counties supports the right to adopt local environmental regulations to protect a community’s
unique natural resources.
Finally, increased demands on Florida’s water supply are forcing many diverse interests to
work with county government to plan the future of water policy in Florida. In an effort to achieve
the best possible result, county government should continue to expand partnerships with the
agricultural community, urban water users, regional government agencies, and environmental
organizations to encourage water conservation, water resource, and water supply development
projects. The primary goal of such water resource planning efforts should be ensuring resource
availability for all reasonable beneficial uses, consistent with the protection of water and related
natural resources.
FINANCE & TAXATION
The backbone of good government is financial accountability. For public officials to be
accountable to taxpayers, the decision to tax should occur at the same level of government
where the decision to enact a new program is made. County governments have a responsibility
to raise the necessary revenues to finance a wide variety of critical, basic public services.
Counties need a revenue base that adequately finances the services and programs required by
the state, and the programs and services needed locally. If counties are to succeed in meeting
their responsibilities, an adequate and fair local tax policy that is commensurate with the many
responsibilities of modern county government must be developed.
18
HUMAN SERVICES
County officials recognize the importance of adequately providing for quality human services
to protect and assist citizens in need. Counties have demonstrated this commitment by
providing preventive services, medical assistance, social and aging services, and housing
assistance. While most human service programs and the laws that govern these programs
are established by federal and state governments, many of these services are being provided
through community-based services at the local level.
As a critical link in the federal/state/county human services partnership, counties must be
included in formulating and implementing policies that protect the health, safety, and welfare
of all the citizens of the state; allow for flexibility within communities to achieve the desired
level of services based on local needs and priorities; and encourage the integration and
coordination of human services.
Counties support expanding health care access and believe that efforts to refine and enhance
state and local programs that provide access to affordable health care are essential. FAC
supports limiting county funds expended under the Health Care Responsibility Act mandate for
emergency room services as defined by law.
Additionally, emergency medical services (EMS) are a vital role of county government. FAC
supports county commissions maintaining authority to issue certificates of public convenience
and necessity at the county level to ensure countywide uniformity of the EMS system.
In addressing critical social services needs related to child welfare and long-term care, the
Florida Association of Counties strives to increase state funding for child protective and
dependency case services and other state-related programs. Furthermore, counties need the
capacity to define local systems of care and increase funding flexibility by removing budget
categories so that monies can be directed locally to meet community needs.
The Florida Association of Counties supports enhancing the state funding for elder and longterm care services and directing existing funding from institutional care to community-based
care programs such as Community Care for the Elderly, Home Care for the Elderly, Medicaid
Waiver, Alzheimer’s Disease Initiative, Senior Centers and the Assisted Living Waiver
programs, respectively.
Availability of services and funding in the area of behavioral health are also important to our
county officials. The Florida Association of Counties supports the establishment of integrated
systems of care for individuals with co-occurring behavioral and physical health problems in
addition to efforts to enhance prevention and intervention services for children and families
to divert children from the child welfare system. The Florida Association of Counties believes
that developing a comprehensive services act of mandatory planning, development, funding,
implementation and evaluation of mental health and substance abuse services for elder
Floridians is also necessary to ensure continuity of care.
Given the varying capacity and funding capabilities of counties, the Florida Association of
Counties supports adequate federal and state funding to ensure uniformity in the human
services continuum.
19
PUBLIC SAFETY & SECURITY
Protecting the health, safety, and welfare of the citizenry are of paramount importance to
county officials. County governments have a long tradition of ensuring the public’s safety and
security through operating county emergency management centers, providing fire and rescue
services, and assisting in funding the state’s court system, sheriffs’ offices, juvenile programs,
victims’ assistance, and the jail system in each county.
Florida’s citizens and visitors look to county government as the first line of defense to ensure
their communities are safe and protected in times of natural and man-made disasters,
terrorism, emergencies, and public health threats. It is imperative for state policy to maintain
county government control of emergency management systems during such emergencies and
public health threats. It is equally important that, as Florida’s population continues to grow, that
the state provide a dedicated funding source for hurricane shelter space.
It is only through a county partnership with the other levels of government that a full-scale
comprehensive and coordinated approach may be taken to address crime and public safety
problems. It is of the utmost importance to maintain and seek out open lines of communication
between all parties involved to ensure the public’s safety and security. Adequate resources
must be in place so counties are in the strongest position to protect their communities.
Increased funding for security enhancements are needed to support measures which include,
but are not limited to, airports, seaports, public buildings, public health infrastructure, and
preparedness training for emergency personnel. Increased federal and state funding is
essential to ensure that effective public safety systems are provided throughout Florida.
Since 1972, statutory changes and case law have expanded county court-funding
responsibilities to include an ever-increasing multitude of costs. Those costs include providing
office space for judges, public defenders, and state attorneys, expert witness fees, court
appointed counsel costs, and many other related expenditures. Accordingly, the Constitutional
Revision Commission proposed Revision 7 to require the State of Florida to fund a larger
portion of the state court system, allowing counties to more ably meet local needs. That
constitutional revision was approved by the Florida voters in 1998.
Since 1998, the Florida Legislature has been implementing the constitutional revision, having
completed that initial process on July 1, 2004. Some elements of the state court system
have remained a county responsibility. For some of those responsibilities, the Legislature
has provided some revenue sources but these sources are grossly inadequate. The revenue
from ad valorem taxes still funds a significant portion of the county’s mandated share of the
operation of the state court system.
The counties’ long-held policy is that the funding of the state court system is the responsibility
of the state. County funding of the state’s courts causes ad valorem taxes, intended to fund
programs truly local in nature, to be used for state programs over which counties have no
control or accountability. Accordingly, the Florida Association of Counties opposes the use of
local revenue sources to fund the state’s judicial responsibilities and supports the continued
implementation of Article V, Section 14 of the Florida Constitution, its language and intent,
which provides for a more equitable manner of court funding.
20
APPENDIX B
Alachua County Impact of the
Department of Corrections Proposed
Changes to Sentencing
APPENDIX
21
Alachua County Impact of the Department of
Corrections’
Proposed Changes to Sentencing
Prepared by Andrew Kramer, Court Analyst, Nov. 15, 2012
Alachua County Impact of the Department of Corrections’ Proposed Changes to Sentencing
Alachua
the
Department
of
PreparedCounty
by AndrewImpact
Kramer, of
Court
Analyst,
Nov. 15, 2012
Changes
to goes
Sentencing
Currently, under Corrections’
Florida Statutes Proposed
s. 944.17(3)(a),
a defendant
to the Department of
Currently,
under
Florida
Statutes
s. 944.17(3)(a),
aAnalyst,
defendant
to the Department
of of that
Prepared
byisAndrew
Kramer,
Court
Nov.goes
15,
2012
Corrections
(state
prison)
if he
sentenced
to at
least
one year,
regardless
of how much
Corrections
(state
prison)
if
he
is
sentenced
to
at
least
one
year,
regardless
of
how
much
of
that
sentence
sentence he will receive credit for having already served in county jail while awaiting trial. Proposed
Currently,
under
Florida Statutes
s. 944.17(3)(a),
a defendant
to the
Department
of changes by
he will receive
credit
for having
already served
in county
jail while goes
awaiting
trial.
Proposed
changes
by(state
DOCprison)
wouldif require
that county
jails one
retain
custody
of those
who have
less
than one
Corrections
he isjails
sentenced
to at least
year,
regardless
of how
of that
sentence
DOC
would require
that county
retain custody
of those
who
have less
thanmuch
one year
remaining
on
year
remaining
on
their
sentence.
If
this
change
is
enacted,
the
average
daily
population
hesentence.
will receiveIfcredit
for having
served
in countydaily
jail while
awaitingof
trial.
Proposed
changes
byof Alachua
their
this change
is already
enacted,
the average
population
Alachua
County
will increase
by
DOC 152
would
require
thatby
county
jails
retaininmates
custody per
of during
those
have
less
than
one year
remaining
on impact
County
will
increase
around
152
day.who
For
cases
sentenced
calendar
years
around
inmates
per
day.
For
cases
sentenced
calendar
years
2008
–during
2011,
the
local
their sentence.
If this change is enacted, the average daily population of Alachua County will increase by
2008
– 2011,
would
have
been:the local impact would have been:
around 152 inmates per day. For cases sentenced during calendar years 2008 – 2011, the local impact
would have been:
2008
2009
2010
2011
Average per Year
Cases Affected
217 2011
184
214
2008 252
2009 201 2010
Average per Year
JailCases
DaysAffected
64,310
51,724
59,015
47,670
252
201
217
184
214 55,680
Jail Days
64,310
51,724
55,680 260.80
Length
of Stay (Affected Cases)
255.20
257.33 59,015
271.96 47,670
259.08
LengthDaily
of Stay
(Affected Cases)
255.20
257.33
260.80 152.44
Average
Population
175.71
141.71 271.96
161.68 259.08
130.60
Average Daily
175.71
141.71
161.68
130.60
152.44
Estimated
Cost Population
($80/day)
$5,144,800
$4,137,920
$4,721,200
$3,813,600
$4,454,380
Estimated Cost ($80/day)
$5,144,800
$4,137,920
$4,721,200
$3,813,600
$4,454,380
During the years 2008 through 2011, the Alachua County Jail’s population was mostly below the
the years
through
2011,
theAlachua
Alachua County
County Jail’s
waswas
mostly
belowbelow
the the
DuringDuring
the years
20082008
through
2011,
the
Jail’spopulation
population
mostly
Recommended Capacity (the capacity of the jail to effectively classify inmates and separate problem
Recommended Capacity
(the(the
capacity
of theof
jailthe
to effectively
classify inmates
and
separate
problem
Recommended
Capacity
capacity
jail
to
effectively
classify
inmates
and
separate
inmates).
If this
had
enactedininJanuary
January
2008,
our
population
would have
inmates).
If thisstatute
statute
had been
been
enacted
2008,
jail jail
population
lookedlooked
problem
inmates).
If this
statute
had been enacted
inour
January
2008, would
our jailhave
population
would have
something
like
this:
something like this:
looked something like this:
Impact
ofProposed
ProposedChanges
Changes
Alachua
County
Jail Population
Impact of
onon
Alachua
County
Jail Population
2008-2011
2008-2011
Impact of Proposed Changes on Alachua County Jail Population 2008-2011
1300
1300
1200
1200
1100
Inmates
Inmates
1100
1000
1000
900
900
800
800
1
1
ct
20
1
01
20
Ju
l2
O
11
O
Ju
1
1
ct
20
1
01
11
l2
20
1
Ap
r
20
11
n
Ap
r
O
Hypothetical Population
Ja
0
01
Ju
l2
ct
20 Jan
10
20
1
ct
20
1
01
O
l2
10
0
0
0
01
Ju
r2
Actual Population
20
20
10 Ap
n
Ja
O
Rated Capacity
Ap
r
9
20
10
9 Jan
ct
20
0
9 O
l2
Ju
l2
00
Ju
09
20
Ap
r
Ja
n
Recommended Capacity
O
ct
20
0
00
9
09
20
20
09
Ap
r
20
09
ct
20
0
8
Ja
O
8
00
n
8
8
ct
20
0
00
l2
08
Ju
20
08
Ap
r
20
Ju
l2
Ja
n
700
Ap
r
20 Ja
08 n 2
0
08
700
Instead of the population being near the Recommended Capacity of the jail, our jail would have
Recommended Capacity
Rated Capacity
Actual Population
Hypothetical Population
been mostly above the Recommended
Capacity and
sometimes
even above the
Rated Capacity, which is
Instead
of the
population
being
near
thethe
Recommended
Capacity
Instead
of the
population
being
near
Recommended
Capacityofofthe
thejail,
jail,our
ourjail
jailwould
would have
have
been
mostly
above
the
Recommended
Capacity
and
sometimes
even
above
the
Rated
Capacity,
been mostly above the Recommended Capacity and sometimes even above the Rated Capacity,
which is
which is the maximum number of people that the jail is legally allowed to house. If the population
were consistently at these levels, the county would probably need to discuss expanding the jail.
22
APPENDIX C
Gainesville Correctional Institution
(GCI)
APPENDIX
23
Gainesville Correctional Institution (GCI)
24
25