BOARD OF COUNTY COMMISSIONERS LEON COUNTY, FLORIDA

BOARD OF COUNTY COMMISSIONERS 

LEON COUNTY, FLORIDA 

AGENDA 

REGULAR MEETING 

Tuesday, June 18, 2013 

3:00 P.M. 

County Commission Chambers 

Leon County Courthouse 

301 South Monroe Street 

Tallahassee, FL 

COUNTY COMMISSIONERS 

Nick Maddox, Chairman 

At-Large 

Bill Proctor Kristin Dozier, Vice Chair 

District 1 District 5 

Jane Sauls Bryan Desloge 

District 2 District 4 

John Dailey Mary Ann Lindley 

District 3 At-Large 

Vincent S. Long 

County Administrator 

Herbert W. A. Thiele 

County Attorney 

The Leon County Commission meets the second and fourth Tuesday of each month. Regularly scheduled meetings 

are held at 3:00 p.m. The meetings are televised on Comcast Channel 16. A tentative schedule of meetings and 

workshops is attached to this agenda as a "Public Notice." Selected agenda items are available on the Leon County 

Home Page at: www.leoncountyfl.gov. Minutes of County Commission meetings are the responsibility of the 

Clerk of Courts and may be found on the Clerk's Home Page at www.clerk.leon.fl.us 

Please be advised that if a person decides to appeal any decision made by the Board of County Commissioners with respect to 

any matter considered at this meeting or hearing, such person will need a record of these proceedings, and for this purpose, 

such person may need to ensure that verbatim record of the proceeding is made, which record includes the testimony and 

evidence upon which the appeal is to be based. The County does not provide or prepare such record (Sec. 286.0105, F.S.). 

In accordance with Section 286.26, Florida Statutes, persons needing a special accommodation to participate in this proceeding 

should contact Community & Media Relations, 606-5300, or Facilities Management, 606-5000, by written or oral request at 

least 48 hours prior to the proceeding. 7-1-1 (TDD and Voice), via Florida Relay Service.

INVOCATION AND PLEDGE OF ALLEGIANCE 

Commissioner John Dailey 

AWARDS AND PRESENTATIONS 

Board of County Commissioners 

Leon County, Florida 

Agenda 

Regular Public Meeting 

Tuesday, June 18, 2013, 3:00 p.m. 

Proclamation for David Reid, Clerk of the Courts Finance Director, in Honor of his Retirement 

(Chairman Nick Maddox) 

Presentation on the 2013 Council of Neighborhood Associations’ 2013 Neighborhoods and Neighbor 

of the Year 

(Chairman Nick Maddox) 

Presentation from Big Bend Hospice 

(Nigel Allen, Executive Director, Big Bend Hospice Foundation) 

CONSENT 

1. Approval of Minutes: May 14, 2013 Regular Meeting 

(Clerk of the Courts/Finance/Board Secretary) 

2. Adoption of Revised Policy No. 09-1, “Travel” 

(County Administration) 

3. Authorization to Amend the 2003 Mid-Year Funding Agreement to Provide for the Expenditure 

of $16,130 by Bethel Missionary Baptist Church 

(County Administrator/Financial Stewardship/Office of Management & Budget) 

4. Approval of Payment of Bills and Vouchers Submitted June 18, 2013, and Pre-Approval of 

Payment of Bills and Vouchers for the Period of June 19 through July 9, 2013 


5. Acceptance of the FY 2011/2012 Mid - Year Financial Report 


6. Request to Schedule a Public Hearing to Amend Chapter 10 of the Code of Laws of Leon 

County Relating to Grade Change Limitations in Topographic Alterations for Tuesday, 

July 9, 2013 at 6:00 p.m. 

(County Administrator/Public Works & Community Development/DSEM/ Environmental Services) 

7. Approval of Utility Easements to the City of Tallahassee at the Public Safety Complex 

(County Administrator/Public Works & Community Development/Facilities Management) 

Page 2 of 631 Posted at 6:15 p.m. on June 10, 2013


Regular Public Meeting Agenda 

June 18, 2013 Page 2 

8. Request to Schedule a Public Hearing to Adopt a Resolution and Approve a List of County- 

Owned Properties Appropriate for Affordable Housing for Tuesday, July 9, 2013 at 6:00 p.m. 

(County Administrator/Public Works & Community Development/Facilities Management/Real Estate) 

9. Approval of a Proposed Lease Agreement and Associated Resolution with the Tallahassee 

Downtown Improvement Authority for Office Space in the Leon County Welcome Center in the 

Amount of $10,200 Annually 

(County Administrator/Public Works & Community Development/Facilities Management/Real Estate) 

10. Approval of the for Lake Jackson Town Center at Huntington “Sense of Place” Initiative 

(County Administrator/Public Works & Community Development/PLACE/Planning) 

11. Approval of Detailed Work Plan Budget for Florida Department of Agriculture and Consumer 

Services Arthropod/Mosquito Control State Aid 

(County Administrator/Public Works & Community Development/Public Works/Operations) 

12. Approval of Agreements Pertaining to Consumption of Compressed Natural Gas 

(County Administrator/Resource Stewardship) 

13. Approval of the Agreement Extending the Existing DeSantis Proportionate Share Traffic 

Mitigation Agreement and First Amendment to Settlement Agreement 

(County Attorney) 

14. Request to Schedule a First and Only Public Hearing on a Proposed Ordinance Amending 

Chapter 11, Article XIII, Entitled “Towing Services” for Tuesday, July 9, 2013 at 6:00 p.m. 


Status Reports: (These items are included under Consent.) 

15. Acceptance of Status Report on Strategic Initiative to Develop Design Standards Requiring 

Interconnectivity for Pedestrian and Non-Vehicular Access 


16. Acceptance of Status Report on Promoting Concentrated Commercial Development in 

Woodville Strategic Initiative 


CONSENT ITEMS PULLED FOR DISCUSSION 

CITIZENS TO BE HEARD ON NON-AGENDAED ITEMS 

3-minute limit per speaker; there will not be any discussion by the Commission 

GENERAL BUSINESS 

17. Acceptance of Cultural Plan Review Committee Interim Report 

(County Administration) 

18. Acceptance of Status Report on Capital Cuisine Restaurant Week and Concert Series 

(County Administrator/Economic Development & Business Partnerships/Tourism Development) 




June 18, 2013 Page 3 

19. Acceptance of the 2013 Florida Legislative Session Final Report and Request to Schedule the 

Workshop on 2014 State and Federal Legislative Priorities for Tuesday, December 10, 2013 

from 1:30 – 3:00 p.m. 

(County Administrator/Economic Development & Business Partnerships/Intergovernmental Affairs Coordinator) 

20. Approval to Award Bid to Structural Preservation Systems, LLC, in the Amount of $346,798 for the 

Caulk & Weather Seal of the Leon County Jail 


21. Approval to Award Bid to ThyssenKrupp Elevator in the Amount of $437,674 for the Upgrade 

of Elevators #1 and #2 at the Leon County Courthouse 


22. Approval of Agreement Awarding Bid to Allen’s Excavation, Inc. for Sidewalk and Associated 

Work Construction, Continuing Services, in the Amount of $2,280,619 

(County Administrator/Public Works & Community Development/Public Works/Engineering) 

23. Authorization to Negotiate an Agreement with Ygrene Energy Fund for Third-party Administration 

of a Commercial PACE Program 

(County Administrator/Resource Stewardship) 

24. Consideration of Full Board Committee Appointments to the Board of Adjustment and Appeals, 

Enterprise Zone Development Authority, Planning Commission, and Workforce Plus 

(County Administrator/Agenda Coordinator) 

SCHEDULED PUBLIC HEARINGS, 6:00 P.M. 

25. First and Only Public Hearing on Adopting Ordinance Repealing Chapter 18, Article IV, 

Division 1 and Amending Division 3 of the Leon County Code of Laws, Relating to 

Stormwater Management 


CITIZENS TO BE HEARD ON NON-AGENDAED ITEMS 

3-minute limit per speaker; Commission may discuss issues that are brought forth by speakers. 

COMMENTS/DISCUSSION ITEMS 

Items from the County Attorney 

Items from the County Administrator 

Discussion Items by Commissioners 

RECEIPT AND FILE 

None. 

ADJOURN 

The next Regular Board of County Commissioners Meeting is scheduled for 

Tuesday, July 9, 2013 at 3:00 p.m. 

All lobbyists appearing before the Board must pay a $25 annual registration fee. For registration forms and/or 

additional information, please see the Board Secretary or visit the County website at www.leoncountyfl.gov 




June 18, 2013 Page 4 

2013 

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MARCH 

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June 18, 2013 Page 5 

PUBLIC NOTICE 

2013 Tentative Schedule 

All Workshops, Meetings, and Public Hearings are subject to change 

All sessions are held in the Commission Chambers, 5 th Floor, Leon County Courthouse unless otherwise 

indicated. Workshops are scheduled as needed on Tuesdays from 12:00 to 3:00 p.m. 

Month Day Time Meeting Type 

June 2013 Monday 17 11:00 a.m. Community Redevelopment Agency (CRA) 

Meeting; City Commission Chambers 

1:00 p.m. Capital Region Transportation Planning Agency 

(CRTPA) Meeting; City Commission Chambers 

3:00 – 5:00 p.m. IA (BP2000); City Commission Chambers 

Tuesday 18 1:00 – 3:00 p.m. Workshop on the Effects of Tired Creek Dam and 

Stormwater Holding Ponds on the County’s Lakes 

(Continued from June 11, 2013) 

3:00 Regular Meeting 

6:00 p.m. First and Only Public Hearing on Adopting 

Ordinance Repealing Chapter 18, Article IV, 

Division 1 and Amending Division 3 of the Leon 

County Code of Laws, Relating to 


First and Only Public Hearing on the Gas Tax 

(Canceled) 

Tuesday 25 No Meeting FAC CONFERENCE 

Tuesday 25 

Friday 28 

FAC Annual Conference Marriott Tampa Waterside 

Hillsborough County 

July 2013 Thursday 4 Offices Closed JULY 4 TH HOLIDAY 

Monday 8 9:00 a.m. – 5:00 p.m. FY 13/14 Budget Workshop 

Tuesday 9 9:00 a.m. – 3:00 p.m. FY 13/14 Budget Workshop, if necessary 

3:00 p.m. Regular Meeting 

6:00 p.m. First and Only Public Hearing to Amend 

Chapter 10 of the Code of Laws of Leon County 

Relating to Grade Change Limitations in 

Topographic Alterations 

First and Only Public Hearing to Adopt a 

Resolution and Approve a List of County-Owned 

Properties Appropriate for Affordable Housing 

First and Only Public Hearing on Proposed 

Amendments to the Towing Ordinance 




June 18, 2013 Page 6 


July 2013 

(Continued) 

Wednesday 10 9:00 a.m. – 2:00 p.m. FY 13/14 Budget Workshop, if necessary 

Friday 19 – 

Monday 22 

2:30 p.m. Community Redevelopment Agency (CRA) 


NACo Annual Conference Fort Worth Convention Center 

Tarrant County/Ft. Worth, Texas 

Tuesday 23 No Meeting BOARD RECESS 

Wednesday 24 – 

Saturday 27 

August 2013 Friday 9 – 

Sunday 11 

National Urban League 

Annual Conference 

Chamber of Commerce 

Annual Conference 

Philadelphia, PA 

Omni Amelia Island Plantation 


Tuesday 27 3:00 p.m. Regular Meeting 

September 2013 Monday 2 Offices Closed LABOR DAY HOLIDAY 

Monday 16 11:00 a.m. Community Redevelopment Agency (CRA) 




5:00 – 8:00 p.m. 

5:30 p.m. 



Friday 20 

IA (BP 2000); City Commission Chambers 

Public Hearing on FY 2014 Budget 

6:00 p.m. First Public Hearing Regarding Tentative Millage 

Rates and Tentative Budgets for FY 2013/2014 * 

FAC Policy Committee 

Conference 

Wednesday 18 FAC County 

Commissioner Workshop 


Saturday 21 

Sunday 22 – 

Wednesday 25 

Congressional Black 

Caucus Annual 

Legislative Conference 

Marriott West Palm Beach 

Palm Beach County 

Marriott West Palm Beach 

Palm Beach County 

Washington, D.C. 

ICMA Annual Conference Boston, Massachusetts 


6:00 p.m. Second Public Hearing on Adoption of Millage 

Rates and Budgets for FY 2013/2014* 




June 18, 2013 Page 7 


October 2013 TBD Advanced County 

Commissioner Program 


Part 1 of 3 

UF Hilton, Gainesville; Alachua County 

6:00 p.m. First and Only Public Hearing on Cycle 2013-1 

Comprehensive Plan Amendment for Woodville 

Rural Community Expansion (PCM130105) 

(Continued from May 28, 2013 Joint City/County 

Adoption Hearing) 

Monday 21 9:00 a.m. – 1:00 p.m. Capital Region Transportation Planning Agency 

(CRTPA) Retreat; Location TBD 

1:30 p.m. Community Redevelopment Agency (CRA) Meeting 

- Immediately following CRTPA Retreat 


November 2013 Monday 11 Offices Closed VETERAN’S DAY OBSERVED 

Tuesday 12 – 

Thursday 14 


Friday 15 

County Commissioner 

Workshops 

FAC Legislative 

Conference 

Hilton, Daytona Beach 

Volusia County 

Hilton, Daytona Beach 

Volusia County 

Tuesday 19 3:00 p.m. Reorganization of the Board; Regular Meeting 

Monday 25 11:00 a.m. Community Redevelopment Agency (CRA) 




Thursday 28 Offices Closed THANKSGIVING DAY 

Friday 29 Offices Closed FRIDAY AFTER THANKSGIVING DAY 

December 2013 Monday 9 9:00 a.m. – 4:00 p.m. Board Retreat 

Tuesday 10 1:30 – 3:00 p.m. Workshop on 2014 State and Federal Legislative 

Priorities 

3:00 p.m. Regular Meeting 

Wednesday 11 2:30 p.m. Community Redevelopment Agency (CRA) 

City Commission Chambers 


Wednesday 25 Offices Closed CHRISTMAS DAY 

January 2014 Wednesday 1 Offices Closed NEW YEAR=S DAY 




June 18, 2013 Page 8 

VACANCIES 

Citizen Committees, Boards, and Authorities 

2013 Expirations and Vacancies 

www.leoncountyfl.gov/committees/expire.asp 

Affordable Housing Advisory Committee 

Board of County Commissioners (4 appointments) 

A member who represents employers within the jurisdiction. 

A member who is actively engaged in the banking or mortgage banking industry in connection with affordable housing. 

A member who is actively engaged as a for-profit provider of affordable housing. 

Architectural Review Board 

Board of County Commissioners (1 appointment) 

Housing Finance Authority 

Commissioner - District III: Dailey, John (1 appointment) 

Human Services Grants Review Committee 

Commissioner - District IV: Desloge, Bryan (1 appointment) 

Commissioner - District V: Dozier, Kristin (1 appointment) 

Viva Florida Time Capsule 

Commissioner - At-large I: Lindley, Mary Ann (1 appointment) 

EXPIRATIONS 

Adjustment and Appeals Board 

Tallahassee City Commission (1 appointment) 

Architectural Review Board 

Tallahassee City Commission (2 appointments) 

Canopy Roads Citizens Committee 


Enterprise Zone Agency Development (EZDA) Board of Commissioners 


Science Advisory Committee 


MAY 31, 2013 

Minority, Women & Small Business Enterprise (M/WSBE) Committee 

Commissioner - At-large II: Maddox, Nick (1 appointment) 

Commissioner - District II: Sauls, Jane G. (1 appointment) 

JUNE 30, 2013 







June 18, 2013 Page 9 

JUNE 30, 2013 (Continued) 

Leon County Sales Tax Committee 

Blueprint Citizens Advisory Committee (1 appointment) 

Capital City Chamber of Commerce (1 appointment) 



Commissioner - District I: Proctor, Bill (1 appointment) 





EECC (1 appointment) 

Greater Tallahassee Chamber of Commerce (1 appointment) 


Planning Commission 


Workforce Plus 


JULY 31, 2013 

Educational Facilities Authority 


Enterprise Zone Agency Development (EZDA) Board of Commissioners 


Investment Oversight Committee 


Clerk (1 appointment) 

Water Resources Committee 






AUGUST 31, 2013 



Code Enforcement Board 





June 18, 2013 Page 10 

SEPTEMBER 30, 2013 

Community Development Block Grant Citizen's Advisory Task Force 


Council on Culture & Arts 





Research and Development Authority at Innovation Park 

Florida A & M (1 appointment) 

Tallahassee Community College (1 appointment) 

OCTOBER 31, 2013 



Tourist Development Council 


DECEMBER 31, 2013 

Human Services Grants Review Committee 








Library Advisory Board 





Tallahassee/Leon County Cultural Plan Review Committee 


Capital City Chamber of Commerce (1 appointment) 

Economic Development Council (1 appointment) 

Greater Tallahassee Chamber of Commerce (1 appointment) 

KCCI (1 appointment) 

Leadership Tallahassee (1 appointment) 



Leon County 


Notes for Agenda Item #1 


Leon County 


Cover Sheet for Agenda #1 

June 18, 2013 

To: Honorable Chairman and Members of the Board 

From: Vincent S. Long, County Administrator 

Title: Approval of Minutes: May 14, 2013 Regular Meeting 


Review and Approval: 

Department/ 

Division Review: 

Lead Staff/ 

Project Team: 

Fiscal Impact: 

Vincent S. Long, County Administrator 

David Reid, Finance Director, Clerk of the Court 

Rebecca Vause, Board Secretary 

This item has no fiscal impact to the County. 

Staff Recommendation: 

Option #1: Approve the minutes of the May 14, 2013 Regular Meeting. 

Attachment: 

1. May 14, 2013 Regular Meeting minutes 




REGULAR MEETING 

May 14, 2013 

The Board of County Commissioners of Leon County, Florida, met in regular session with Chairman 

Nick Maddox presiding. Present were Vice Chairman Kristin Dozier and Commissioners Bill Proctor, 

Mary Ann Lindley, John Dailey, Bryan Desloge, and Jane Sauls. Also present were County 

Administrator Vincent Long, County Attorney Herb Thiele, Finance Director David Reid and Board 

Secretary Rebecca Vause. 

Chairman Maddox called the meeting to order at 3:00 p.m. 

Attachment #1 

Page 1 of 12 

The Invocation was provided by Commissioner Bill Proctor, who then led the Pledge of Allegiance. 

Awards and Presentations 

Commissioner Bryan Desloge read into the record a Proclamation designating May 2013 as 

National Bike Month. Members of the Joint City/County Bicycle Work Group accepted the 

Proclamation. 

Chairman Nick Maddox read into the record a Proclamation honoring Richard Smith, 

Emergency Management Director, for his 24 years of service to the citizens of Leon County. 

Commissioners expressed their appreciation to Mr. Smith for his years of dedication. 

Chairman Nick Maddox read into the record a Proclamation recognizing the James Madison 

Institute’s (JMI) 25 th Anniversary. 

The Proclamation was accepted by Bob McClure, JMI President, on behalf of its Board of 

Directors and staff and thanked the Board for the honor. 

Chairman Nick Maddox presented a Proclamation in recognition of National Emergency 

Medical Services (EMS) Week, May 19-25, 2013. 

The Proclamation was accepted by EMS Chief Tom Quillin and emergency team members 

from the Tallahassee Fire Department and EMS. Chief Quillin expressed appreciation to 

the Board for its continued support throughout the years. 

Commissioner Dozier acknowledged the presence and excellent support provided by EMS 

for the Honor Flight program. 

Chairman Nick Maddox presented a Proclamation in recognition of National Public Works 

Week, May 19-25, 2013. The Proclamation was accepted on behalf of all Public works 

employees by Tony Park, Public Works & Community Development Director. 

Mr. Park also presented the Board the plaque received from the APWA for the Timberlake 

Stormwater Enhancement Project. 

Consent: 

Commissioner Sauls moved, duly seconded by Commissioner Desloge, to approve the Consent Agenda. 

The motion carried 7-0. (It is noted that public comment was received on Agenda Item #11.) 

1. Approval of Minutes: April 9, 2013 Regular Meeting; April 9, 2013 Joint City/County 

Transmittal Hearing, Cycle 2013-1 Comprehensive Plan Amendments, and April 23, 2013 

Regular Meeting 

The Board approved Option 1: Approve the minutes of the April 9, 2013 Regular Meeting; April 

9, 2013 Joint City/County Transmittal Hearing, Cycle 2013-1 Comprehensive Plan Amendments, 

and April 23, 2013 Regular Meeting. 

Regular Meeting & Public Hearings Page 1 

May 14, 2013 


Attachment #1 

Page 2 of 12 

2. Authorization to Extend the Leon County Sales Tax Committee and Adoption of an 

Amended Enabling Resolution Establishing the Leon County Viva Florida Time Capsule 

Committee 

The Board approved Options 1 & 2: 1) Authorize the extension of the Leon County Sales Tax 

Committee to January 31, 2014, and 2) Adopt the amended Enabling Resolution for the Leon 

County Viva Florida Time Capsule Committee. 

3. Ratification of Commissioner Appointment to the Minority, Women and Small Business 

Enterprise Committee 

The Board approved Option 1: Waive Policy No. 03-15, “Board appointed Advisory Committees,” 

regarding term limits, to provide for Commissioner Dozier to reappoint Frank Williams to the 

Minority, Women and Small Business Enterprise Committee. 

4. Approval of Payment of Bills and Voucher Submitted for May 13, 2013, and Pre-Approval 

of Payment of Bills and Vouchers for the Period of May 15, 2013 through May 27, 2013 

The Board approved Option 1: Approve the payment of bills and vouchers submitted for May 13, 

2013, and Pre-Approval of Payment of Bills and Vouchers for the Period of May 15, 2013 through 

May 27, 2013. 

5. Approval of the First Amendment to the Interlocal Agreement Between the City of 

Tallahassee and Leon County Regarding the Joint Management of the Frenchtown 

Renaissance Center 

The Board approved Option 1: Approve the First Amendment to the Interlocal Agreement between 

the City of Tallahassee and Leon County regarding the joint management and use of the 

Frenchtown Renaissance Center, and authorize the County Administrator to execute. 

6. Ratification of the Contract for HHS Advisory Services for the HFA Florida Hardest Hit 

Fund Unemployment Mortgage Assistance Program and Mortgage Loan Reinstatement 

Program Between Florida Housing Finance Corporation and Leon County 

The Board approved Options 1 & 2: 1) Ratify the Revised Contract for HHF Advisory Services for 

the Housing Finance Agency (HFA) Florida Hardest Hit Fund Unemployment Mortgage Assistance 

Program and Mortgage Loan Reinstatement Program between Florida Housing Finance 

Corporation and Leon County, and 2) Authorize the County Administrator to execute any and all 

future modifications to the Revised Contract, in a form approved by the County Attorney’s Office. 

7. Ratification of Board Actions Taken at the April 9, 2013 Workshop on Sidewalk Policy, 

Priorities and Funding Options 

The Board approved Options 1 & 2: 1) Ratify the Board actions taken at the April 9, 2013 

Workshop on Sidewalk Policy, Priorities and Funding Options, and 2) Adopt the Resolution 

establishing the fee in-lieu of sidewalk construction at $12.50 per square foot. 


May 14, 2013 


Attachment #1 

Page 3 of 12 

8. Approval of the Proposed Local Agency Program Agreement with Florida Department of 

Transportation for the Construction of Miccosukee Road Signing and Pavement Marking 

The Board approved Options 1 & 2: 1) Approve the proposed Local Agency Program Agreement 

with Florida Department of Transportation for the construction of Miccosukee Road Signing and 

Pavement Marking, and authorize the County Administrator to execute the Agreement, and 2) 

Approve the Resolution and associated Budget Amendment Request realizing the $375,000 from 

the Florida Department of Transportation into the County budget. 

9. Authorization to Transfer Surplus Leon County Vehicles to the Capital Area Chapter of 

the American Red Cross 

The Board approved Options 1 & 2: 1) Declare the two Leon County vehicles as surplus, 

pursuant to Section 274.05, Florida Statutes, and 2) Authorize the transfer of the two Leon 

County vehicles to the Capital Area Chapter of the American Red Cross 

10. Acceptance of the FY 2012/13 Ongoing Commissioner Discussion Items Status Report 

The Board approved Option 1: Accept the FY 2012/13 Ongoing Commissioner Discussion Items 

Status update 

11. Acceptance of the Status Report on the North Florida Homeless Veterans Stand Down 

Speaker: Mr. Washington Sanchez, 2229 Gates Dr., thanked the Board for its $10,000 funding 

for the Stand Down event. He reported that 282 persons attended the event and 850 

volunteers assisted. Additionally, he distributed a status report on the event to the 

Commissioners. He shared that the next Stand Down is scheduled for April 4-6, 2014. 

The Board approved Option 1: Accept the status report regarding Leon County’s involvement 

with the North Florida Homeless Veterans Stand Down. 

12. Acceptance of Status Report on the Chason Woods Conservation Subdivision Application 

Submitted by Moore Bass Consulting, Inc., Agent for J&T, LLC 

The Board approved Option 1: Accept the status report on the Chason Woods Conservation 

Subdivision Application (LSP090035) submitted by Moore Bass Consulting, Inc., agent for J&T, 

LLC 

13. Acceptance of Status Report Regarding the Capital Region Young Men’s Christian 

Association, Inc. (YMCA) at Lake Jackson Town Center at Huntington and Authorization 

to Renegotiation Lease Agreement 

The Board approved Option 1: Authorize staff to renegotiate the 2012 Lease Agreement with the 

Capital Region Young Men’s Christian Association, Inc. (YMCA) for space at Lake Jackson Town 

Center at Huntington. 

14. Acceptance of a Status Report Regarding Leon County-Owned Real Estate Parcel 

The Board approved Option 1: Accept the status report regarding the Subject Property, which is a 

2.34 acre portion of County-owned Parcel ID 112020-851-0000, and concur that the Subject 

Property is not surplus real property. 


May 14, 2013 


15. Acceptance of Status Report on Redevelopment of Vacant Commercial Properties 

Strategic Initiative 

The Board approved Option 1: Accept the status report on the redevelopment of Vacant 

Commercial Properties Strategic Initiative. 

Citizens to be Heard on Non-Agendaed Items (3-minute limit per speaker; there will not be any discussion 

by the Commission) 

Chairman Maddox confirmed that there were no speakers on Non-Agendaed Items. 

General Business 

16. Acceptance of Vision 2020, LLC Status Report 

Attachment #1 

Page 4 of 12 

County Administrator Long introduced the item and commented that Rick Kearney, Chairman, 

Vision 2020, would make a brief presentation. 

Mr. Kearney summarized the report and thanked the Board for its investment. He spoke on 

the success of the endeavor which has created 62 jobs with another 95 anticipated. He 

emphasized the importance of working with local universities and noted that they are “building 

bridges” between the local community and the universities to commercialize technology, 

stimulate the economy and create jobs. Additionally, Mr. Kearney stated that Vision 2020 fund 

is now self-perpetuating. 

Chairman Maddox thanked Mr. Kearney for the impact the projects have had on the 

community and emphasized that Mr. Kearney and other Board members are not compensated 

for their efforts. 

Commissioner Dozier established with Mr. Kearney that Vision 2020 has formed an open 

channel of communication with FSU President Barron and Vice President of Research, Richard 

Ostrander, in an effort to better take advantage of the technologies being developed locally and 

to insure they remain in Tallahassee. 

Commissioner Desloge moved, duly seconded by Commissioner Dozier, approval of Option 1: 

Accept the Vision 2020, LLC Status Report. The motion carried 7-0. 

17. Authorization to Submit an Application for the U.S. Department of Transportation’s 

National Infrastructure Investments Grant (TIGER V) 

County Administrator Long introduced the item. He relayed that previous attempts at TIGER 

grant funding has resulted in very few Florida projects being funded. However, City and 

County staff believe that the Market District Activity Center Project is a most competitive 

project. Additionally, staff recommends that a consultant be engaged to conduct a very specific 

cost benefit analysis. The City and County will jointly file the grant application and share in 

the cost of the consultant. 

Commissioner Desloge moved, duly seconded by Commissioner Lindley, approval of Options 1 & 

2: 1) Authorize the submittal of an application for the Market District Activity Center Project for 

U.S. Department of Transportation’s National Infrastructure Investments Grant, and 2) Authorize 

the County Administrator to expend up to $5,000 to hire a consultant to conduct the benefit-cost 

analysis for the TIGER V application, and approve the Resolution and associated Budget 

Amendment Request. The motion carried 7-0. 


May 14, 2013 


18. Approval of Interlocal Agreement Between the City of Tallahassee and Leon County for 

the Joint Management and Use of the Public Safety Complex Facility; and Approval of an 

Interlocal Agreement Between the City of Tallahassee, Leon County and the Leon County 

Sheriff Regarding the Telecommunications and Technology Associated with the Public 

Safety Complex 

County Administrator Long introduced the item. He shared that staff is in the process of 

finalizing all necessary Agreements for the ongoing operations and maintenance of the facility. 

He added that a ribbon cutting is anticipated for late spring/early summer with departmental 

move-in scheduled for the end of the summer. He then provided a brief overview of the 

proposed Interlocal Agreements. 

Commissioner Dozier moved, duly seconded by Commissioner Desloge, approval of Options 1, 2 

& 3: 1) Approve the Interlocal Agreement between the City of Tallahassee and Leon County for 

the joint management and use of the Public Safety Complex Facility, and authorize the County 

Administrator to execute; 2) Approve the Interlocal Agreement between the City of Tallahassee, 

Leon County, and the Leon County Sheriff regarding the telecommunications and technology 

associated with the Public Safety Complex, and authorize the County Administrator to execute, 

and 3) Approve the Third Amendment to the Interlocal Agreement Between the City of 

Tallahassee, Leon County, and the Leon County Sheriff regarding the consolidation of public 

safety dispatch communications, and authorize the County Administrator to execute. The motion 

carried 7-0. 

19. Approval of Agreement Awarding Bid for the Construction of the Meridian and Rhoden 

Cove Roads Intersection Improvement Project to Dixie Paving & Grading, Inc. in the 

Amount of $353,335 

County Administrator Long introduced the item. He noted that Dixie Paving & Grading was the 

lowest responsive bidder and met all MBE goals for the project. 

Commissioner Sauls moved, duly seconded by Commissioner Desloge, approval of Option 1: 

Approve the Agreement awarding bid to Dixie Paving and Grading, Inc. for the construction of the 

Meridian and Rhoden Cove Roads Intersection Improvement Project for a total amount of 

$353,335, and authorize the County Administrator to execute. The motion carried 7-0. 

20. Adoption of the Updated Tallahassee – Leon County Greenways Master Plan 

Attachment #1 

Page 5 of 12 

County Administrator Long introduced the item and stated that the update requires adoption 

by the Board. 

Wayne Tedder, Director of PLACE, provided a brief overview on the updated Greenways Master 

Plan. He noted the original goals of the Greenways Program were to acquire sensitive areas 

and to make a connection of those sensitive areas; however, the revised Plan’s revised goals are 

1) Connect parks and greenways to residential and other areas via trails and paths, and 2) 

Protect environmentally sensitive areas through land acquisition and development regulations. 

He shared that the program has acquired 7,467 acres since 1992. Although the properties are 

worth an estimated $67.3 million, he reported that staff was able to leverage $45.7 million 

utilizing $22 million in local funds. Mr. Tedder shared that Leon County has in totality 

176,374 acres of existing open space/conservation areas. 

Chairman Maddox commented that the efforts being undertaken with the County’s trails, bike 

paths and greenways truly makes the County a multi-modal community. 


May 14, 2013 


Commissioner Desloge commented that a number of the projects are included in the sales tax 

extension list and asked Mr. Tedder to speak to this. Mr. Tedder responded that the Sales Tax 

Committee has designated the trails project as a “tier 2’ project; however the Committee 

continues to deliberate all projects. Mr. Tedder noted that the total to implement the Master 

Plan (not including those projects submitted to the Sales Tax Committee for consideration) is 

approximately $18 million. Commissioner Desloge also established that the trails project 

would be integrated into the “Trailahassee” concept. 

Chairman Maddox stated that the Board should be careful when talking with constituents, as 

adding such amenities comes with increased costs for maintenance, which will have to be 

addressed in future budgets. 

Commissioner Dozier established with Deputy County Administrator Rosenzweig that the Sales 

Tax Committee continues to deliberate all projects and that the Board will ultimately make the 

decision on which projects are accepted. Commissioner Dozier submitted that this might be 

the type of project worth doing in its entirety, rather than just a portion of it. 

Commissioner Desloge requested an economic impact analysis of the trail project. 

Commissioner Desloge moved, duly seconded by Commissioner Lindley, approval of Option 1: 

Adopt the updated Tallahassee – Leon County Greenways Master Plan. The motion carried 7-0. 

21. Approval of Recommendation for Counsel for the Tallahassee-Leon County Planning 

Commission 

County Attorney Thiele introduced the item. He advised that the issue has gone through the 

Request for Proposals (RFP) process and staff unanimously recommended the retention of the 

Akerman Senterfitt firm. 


Approve selection of Akerman Senterfitt as counsel for the Tallahassee-Leon County Planning 

Commission, and authorize staff to negotiate a contract. The motion carried 7-0. 

22. Consideration of Full Board Committee Appointments to the Palmer-Monroe Teen Center 

Board of Trustees and Tallahassee Sports Council 

County Administrator Long introduced the item. 

The following appointments were made by the Board: 

Attachment #1 

Page 6 of 12 

Commissioner Desloge moved, duly seconded by Commissioner Sauls, appointment of Anne 

Vinson to the Palmer-Monroe Teen Center Board. The motion carried 7-0. 

Commissioner Dailey moved, duly seconded by Commissioner Desloge, the reappointment of 

Tim Randolph and Kip West to the Tallahassee Sports Council. The motion carried 7-0. 

Commissioner Dozier moved, duly seconded by Commissioner Desloge, to appoint Leslie 

Smith to the Tallahassee Sports Council. 

This concluded the Board’s Consent and General Business Agenda. The Board now entered into 

Commissioner Discussion portion of the agenda. 


May 14, 2013 


SCHEDULED PUBLIC HEARINGS: 

Attachment #1 

Page 7 of 12 

Chairman Maddox reconvened the Board at 6:00 p.m. and the following public hearings were 

conducted. 

23. First and Only Public Hearing to Consider a Proposed Ordinance Amending the Leon 

County Code of Laws at Chapter 16, Article II, Regarding Improvements to Streets, 

Roads and Public Ways; Chapter 18, Article II, Division 2, Regarding Improvements to 

Water and Sewage Disposal Systems; and Chapter 18, Article IV, Division 2, Regarding 

Improvements to Stormwater Control and Drainage Systems 

County Attorney Thiele announced the public hearing and Chairman Maddox confirmed there 

were no speakers on the item. 


Conduct public hearing and adopt the Proposed Ordinance amending the Leon County Code of 

Laws at Chapter 16, Article II, Regarding Improvements to Streets, Roads and Public Ways; 

Chapter 18, Article II, Division 2, Regarding Improvements to Water and Sewage Disposal 

Systems; and Chapter 18, Article IV, Division 2, Regarding Improvements to Stormwater Control 

and Drainage Systems. The motion carried 6-0 (Commissioner Dailey out of Chambers) 

24. First and Only Tax Equity and Fiscal Responsibility Act (TEFRA) Hearing Regarding the 

Goodwood Museum and Gardens Debt Refinancing 

County Administrator Long announced that the Bond Counsel has requested more time to 

work on the item and asked that the public hearing be continued to June 11, 2013 at 6:00 

p.m. 

Commissioner Lindley moved, duly seconded by Commissioner Dozier, to continue the public 

hearing to Tuesday, June 11, 2013 at 6:00 p.m. The motion carried 6-0 (Commissioner Dailey 

out of Chambers). 

25. First and Only Public Hearing for the Type “C” Site and Development Plan Application 

for Chapel Hill Baptist Church of Tallahassee, Inc. 

County Administrator Long introduced the public hearing and Chairman Maddox confirmed 

there were no speakers on the item. 

Commissioner Sauls moved, duly seconded by Commissioner Dozier, to approve Option 1: 

Conduct the first and only public hearing on the Type “C” site and development plan application 

for the Chapel Hill Baptist Church of Tallahassee, Inc. and approve the application, based on the 

findings of fact and conclusions of law included herein and those established within the 

Development Review Committee’s record, including the Development Review Committee’s 

recommended conditions of approval, as well as any evidence received at the Public Hearing. The 

motion carried 7-0. 

26. Public Hearing for Bushy Creek Road Stormwater Control and Drainage Improvements 

Project Proposed Special Improvement Liens and the Non-Ad Valorem Assessment Roll 

County Administrator Long announced the public hearing. He recalled that the project was 

initiated by the neighborhood. He also noted that the item does have a fiscal impact as the 

County will contribute no less than 20% of the costs for construction. 


May 14, 2013 


Chairman Maddox confirmed there were no speakers on this item. 

Commissioner Dozier moved, duly seconded by Commissioner Desloge, approval of Option 1: 

Conduct the Public Hearing and adopt a Resolution Imposing Special Improvement Assessment 

Liens for Augustine Hills, Units I and II, and adopt the Non-Ad Valorem Assessment Roll for the 

Brush Creek Road Stormwater Control and Drainage Improvement Project. The motion carried 7- 

0. 

27. Public Hearing for Terre Bonne Subdivision Street Improvement Project Proposed Special 

Improvement Liens and the Non-Ad Valorem Assessment Roll 

County Administrator announced the public hearing. He stated that similar to Item #26, the 

project was initiated by the neighborhood and the County has expended $160,000 in 

completing the project. 

Chairman Maddox confirmed there were no speakers on this item. 

Commissioner Lindley moved, duly seconded by Commissioner Desloge, approval of Option 1: 

Conduct the public hearing and adopt a Resolution Imposing the Special Improvement 

Assessment Liens and adopt the Non-Ad Valorem Assessment Roll for the Terre Bonne 

Subdivision Improvement. 

Commissioner Proctor referenced items #26 and #27 and noted that the interest rate on the 

projects was different and asked how the rate is determined. Deputy County Administrator 

Rosenzweig responded that the interest rate is tied to the index and the rate depends on the 

interest rate when borrowing occurred. Commissioner Proctor continued that he would like to 

see uniformity in the County’s “payback” programs. Mr. Rosenzweig shared that the process is 

consistent with previous projects; however, the rates have fluctuated throughout the years. 

The motion to approve Option 1 offered by Commissioner Lindley carried 7-0. 

28. First and Only Public Hearing on an Ordinance Amending Chapter 10, Division 7, 

“Historic Preservation District Designation Revisions” 

County Administrator Long recommended that the item be continued to May 28, 2013 at 6:00 

p.m. 

Commissioner Proctor moved, duly seconded by Commissioner Lindley, to continue the public 

hearing to Tuesday, May 28, 2013 at 6:00 p.m. The motion carried 7-0. 

ADD ON (this item will be taken up under the Consent Agenda) 

Attachment #1 

Page 8 of 12 

29. Approval of Resolution Supporting the Retention of Funding for Florida’s Regional 

Planning Councils as Appropriated by the Florida Legislature 

The Board approved Option 1: Approve Resolution supporting the retention of funding for 

Florida’s Regional Planning Councils as appropriated by the Florida Legislature. 

Chairman Maddox recognized the presence of Boy Scout Troop 44, attending to earn their merit badge 

in local government. 


May 14, 2013 


Citizens to be Heard on Non-Agendaed Items (3-minute limit per speaker; Commission may discuss 

issues that are brought forth by speakers.) 

Tim Hewitt, 3266 Skyview Drive, addressed the Board about the opening of Skyview Drive into 

the Summerfield subdivision. He stated that plans call for developing additional units in 

Summerfield and the road cannot support any more traffic. He asserted that speeding would 

be a problem through the neighborhood and is concerned about the safety of the children who 

play and ride their bicycles on the street. Speeding and the safety of the children are primary 

concerns. 

Commissioner Dailey stated that Mr. Hewitt brings up some very legitimate concerns and 

solutions are being explored. He added that the Summerfield Development Agreement was 

made in 2004 and follows the Comprehensive Plan. Commissioner Dailey shared that 

while other more creative alternatives are being explored, a number of solutions are being 

implemented, i.e., sidewalks to and from property, flexibility on in and out vehicle traffic. 

He also conveyed the need for the Sheriff’s Office to have a more physical presence and to 

better enforce the speed limits along the area. 

County Administrator Long referenced the approved Summerfield PUD and the 

comprehensive plan requirement for the interconnection. He stated that staff maintains 

there are ways to have the interconnection with the neighborhood while discouraging a high 

volume of traffic on the street. He stated that he would be happy to work on this and look 

for alternatives. 

Curtis Baynes, 1323 E. Tennessee Street, reported that the Sales Tax Committee has 

recommended $75 million in water quality projects between the City and County; however, that 

is not enough money to complete the stormwater and wastewater projects. He reiterated his 

recommendation that the priority projects established in 2005, Centerville Trace, Harbinwood 

and Woodville, be reassessed to either 1) add the Lake Munson/Oakridge target area or 2) 

substitute the Lake Munson/Oakridge target area for Harbinwood and Centerville Trace. 

Commissioner Proctor discussed the City’s annexation of areas in the Southern Triangle, 

the work of the Sales Tax Committee, and the Board’s input into the Sales Tax Committee’s 

recommendations. 

Commissioner Proctor moved to ask for a status report on the Sales Tax Committee’s 

progress. The motion died for lack of a second. 

Chairman Maddox articulated that the County Commission has the final decision on what 

projects are ultimately approved for the referendum for extension of the sales tax. He 

added that he wants to make sure that the Sales Tax Committee is able to do its work 

without interference from the Board. 

Commissioner Lindley offered that it is each Commissioners responsibility to learn and talk 

to their sales tax representative. 

Ed Holifield, 4032 Longleaf Court, spoke to the Board regarding his concerns about the black 

infant mortality rate in Leon County and the lack of action of the Health Advisory Board. 

Comments/Discussion Items 

County Attorney Thiele: 

No issues. 

Attachment #1 

Page 9 of 12 


May 14, 2013 


County Administrator Long: 

Offered the following announcements/reminders: 

Recognized the efforts of Deputy County Administrator Rosenzweig in regards to the Public 

Safety Complex Interlocal Agreements. 

Three Community Budget Meetings will be held as follows: 1) Chaires Elementary School 

on May 15 th at 5:30; 2) Ft. Braden School Cafeteria on May 16 th at 5:30, and 3) Montford 

Middle School Cafeteria on May 21 st at 5:30. 

Image Tallahassee will host their first two Community Open Houses on May 20 and May 

21. The May 20 th meeting will be held at Bethel AME Church at 5:30 and the May 21 st 

meeting will be held in the City Commission Chambers at 2:00. 

Capital Cuisine Week and Concert Series, sponsored by Tourist Development, is a big event 

and more information will be distributed. 

Commissioner Discussion Items 

Attachment #1 

Page 10 of 12 

Commissioner Desloge: 

Commissioner Desloge moved, duly seconded by Commissioner Lindley, to direct the County 

Attorney to bring back an agenda item to extend the DeSantis Agreement. The motion carried 7- 

0. 

Commissioner Proctor: 

Commissioner Proctor moved, duly seconded by Commissioner Dailey, to approve his travel to 

attend Attorney General Pam Biondi’s 28 th National Conference on Preventing Crime in the Black 

Community, on May 29-31, 2013 in Orlando. The motion carried 7-0. 

Inquired about state employee raises. Cristina Paredes, Intergovernmental Affairs & Special 

Projects Coordinator, stated that the legislature approved raises of $1,400 for those employees 

making less than $40,000 and $1,000 for those employees making more than $40,000. 

Commissioner Proctor expressed hope that as the County establishes its upcoming budget 

consideration would be given to raises for County employees. 

Announced the passing of his former Commission intern, Jamal Rose, and stated he would 

keep the Board informed of funeral arrangements. 

Expressed concern about the proposed distribution of TIGER V grant funding. He stated that 

the funding should be spread throughout the community, rather than going to one area. 

Commissioner Proctor moved, duly seconded by Commissioner Lindley, to send a letter to the 

Greater Tallahassee Chamber of Commerce asking they consider, as part of their agenda for the 

next Chamber Retreat, engaging a dialogue with the local universities and allow university 

presidents to share their vision and how the community could be helpful. 

Commissioner Dozier while supportive of the idea, shared that she believes this has already 

been done. She suggested Commissioner Proctor contact Sue Dick to discuss topics that 

are being considered for the Retreat. 

The motion carried 6-1 (Commissioner Dozier in opposition). 

Commissioner Dailey: 

Responded to Commissioner Proctor’s comments regarding the distribution of TIGER V grant 

funds. He stated that this is a joint City/County project that has been in the works for quite 

some time and while he understands and appreciates the comments about equal distribution, 

it is important to take a “holistic” approach. 

Relayed the “amazing” experience he had participating in the Honor Flight. He shared an email 

from a veteran’s family and stated that he enjoyed watching generations sitting together 

and sharing the experience. He commended the EMS staff for their efforts to ensure that the 

experience went without incident and encouraged other Commissioners to consider 

participating in the next Honor Flight to be held in the Fall. 


May 14, 2013 


Commissioner Sauls: 

No Issues. 

Commissioner Lindley: 

Stated that she attended the 3 rd Annual Legislative Community Dialogue meeting (hosted by 

Commissioner Desloge) and found it to be very meaningful. She shared that the Department of 

State is providing $200,000 for the Desoto Winter Encampment site. She added that she 

believes the meetings should continue throughout the year to build bridges with the 

legislature. 

Commissioner Desloge recognized the spectacular efforts of Christina Paredes to organize 

and staff the meetings. 

Commissioner Dozier: 

Commissioner Dozier moved, duly seconded by Commissioner Lindley, to present a Proclamation 

designating June as Local Home Remodelers Month, to be presented on May 28, 2013. The 

motion carried 7-0. 

Commissioner Dozier moved, duly seconded by Commissioner Lindley, to present a Proclamation 

to the Florida State University Undergraduate Mock Trial Team for winning the 2013 National 

Championship in the American Mock Trial Association competition. To be presented on May 28, 

2013. The motion carried 7-0. 

Commissioner Dozier moved, duly seconded by Commissioner Lindley, to direct staff to bring 

back an agenda item for May 28, 2013 meeting to explore the costs and logistics of a proposal 

from the Florida State University College Mock Trial Team to use the County Courthouse to host a 

regional mock trial competition in February 2014. The motion carried 7-0. 

Requested a status report on Imagine Tallahassee prior to the Board’s Summer recess. 

Approved without objection. 

Chairman Maddox: 

Informed the Board that he would send a letter from his office to the family of Jamal Rose 

thanking Mr. Rose for his contribution to Leon County. He offered words of condolence to the 

family. 

On behalf of Chairman Maddox: Commissioner Dozier moved, duly seconded by Commissioner 

Lindley, to request a proclamation for Big Bend Hospice, to be presented at the June 11, 2013 

meeting. The motion carried 7-0. 

On behalf of Chairman Maddox: Commissioner Lindley moved, duly seconded by Commissioner 

Dozier, a proclamation in honor of Finance Director David Reid’s retirement, to be presented on 

June 18, 2013. The motion carried 7-0. 

On behalf of Chairman Maddox: Commissioner Lindley moved, duly seconded by Commissioner 

Dozier, a proclamation honoring Small Business Week. The motion carried 7-0. 

Requested Board approval to offer a letter of support, on behalf of the Board, to the Tallahassee 

Museum’s State of Florida Grant Application for significant public programs that preserve, 

strengthen, and foster excellence and diversity in art or culture for Florida’s residents and 

visitors. Approved without objection. 

Meeting recessed at 4:26 p.m. will reconvene at 6:00 to conduct the scheduled public hearings. 

Receipt and File: 

None. 

Attachment #1 

Page 11 of 12 


May 14, 2013 


Adjourn: 

There being no further business to come before the Board, the meeting was adjourned at 6:50 p.m. 

ATTEST: 

BY: _____________________________ 

Bob Inzer, Clerk of the Court 



BY: ________________________________ 

Nicholas Maddox, Chairman 


Attachment #1 

Page 12 of 12 


May 14, 2013 


Leon County 




To: 

Leon County 



June 18, 2013 

Honorable Chairman and Members of the Board 


Title: Adoption of Revised Policy No. 09-1, “Travel” 



Department/ 


Lead Staff/ 

Project Team: 


Alan Rosenzweig, Deputy County Administrator 

Shington Lamy, Assistant to the County Administrator 


This item may have a fiscal impact. A proposed revision to the Travel Policy would allow the 

use of County-issued purchasing cards for meals while on travel; however, reimbursements 

would be limited to the lesser of the per diem rate allowed by U.S. General Services 

Administration (GSA) or the actual amount spent utilizing the purchasing card, which may be a 

minor cost savings to the County. 


Option #1: Adopt revised Policy No. 09-01, “Travel” (Attachment #1). 


Title: Adoption of Revised Policy No. 09-1, “Travel” 

June 18, 2013 

Page 2 

Report and Discussion 

Background: 

On January 15, 2009, the Board adopted County Policy No. 09-01, “Travel” (Travel Policy) 

establishing a comprehensive travel policy that addresses forms of travel, travel authorization, 

travel expenses, and the usage of purchasing cards. The proposed revised Policy addresses the 

use of County-issued purchasing cards (P-cards) for meals, and streamlines the travel 

authorization process. 

Analysis: 

Purchasing Card Use for Meals 

Currently, the Travel Policy requires the use of P-cards for travel expenses, such as registration, 

lodging, and airline tickets. However, it prohibits the use of P-cards for meals. Instead, the costs 

of meals incurred while on travel are normally reimbursed at the per diem rate allowed by the 

U.S. General Services Administration (GSA). The proposed revised policy would allow the use 

of P-cards for meals while on travel; however, reimbursement would be limited to the lesser of 

the per diem rate allowed by GSA, or the actual amount spent utilizing the P-card. 

Annual Travel Request Form 

In term of travel authorization, the Travel Policy requires the completion of travel request forms 

prior to incurring Class A or B (out-of-town, overnight travel) travel expenses for each 

individual traveler that may require reimbursement or cash advances. Upon returning from a 

trip, a travel expense form is required to be completed by each individual traveler, which 

commonly contains identical information provided in the travel request form. 

Most of the travel taken by the County officials and staff are to annual conferences and events 

that are included as part of the County budget. The proposed revision would establish an annual 

travel request form that may be completed by departments and divisions at the beginning of the 

fiscal year for the pre-authorization of budgeted annual travel (Attachment #2). This would 

streamline the travel request process. The annual travel request form would be limited to 

Class A or B travel that requires reimbursements. Travel that requires cash advances would still 

be required to complete travel request forms. All forms of travel would still be required to 

complete travel expense reports. 

Options: 

1. Adopt the proposed revised Policy No. 09-1, “Travel.” 

2. Do not adopt the proposed revised Policy No. 09-1, “Travel.” 

3. Board direction. 

Recommendation: 

Option #1. 

Attachments: 

1. Proposed revised Policy No. 09-1, “Travel” 

2. Proposed Annual Travel Request Form 




Policy No. 09-1 

Attachment #1 

Page 1 of 11 

2.12 

Title: Travel 

Date Adopted: January 15, 2009 June 18, 2013 

Effective Date: January 15, 2009 June 18, 2013 

Reference: Ch. 112.061(7)(d), F.S. 

Policies Superseded: Policy No. 73-3, "Expenditure of Appropriated Travel Expense," adopted 

March 27, 1973; Policy No. 74-, “Travel Allowance," adopted 

July 26, 1974; Policy No. 77-8, "Travel," adopted June 28, 1977; 

Policy No. 93-19, ATravel,@ adopted January 12, 1993; Policy No. 01-09, 

ATravel,@ adopted July 31, 2001, amended September 18, 2001; 

Policy No. 01-10, ATravel,@ adopted September 25, 2001, revised 

September 21, 2004; Policy No. 09-1, adopted January 15, 2009 

It shall be the policy of the Board of County Commissioners of Leon County, Florida, that 

Policy No. 01-1009-1, “Travel,” adopted by the Board of County Commissioners on September 

21, 2004January 15, 2009, be superseded and a new revised Policy entitled “Travel” is hereby 

adopted, to wit: 

SECTION I: AUTHORITY 

Florida Statutes, Section 112.061 

SECTION II: OBJECTIVE 

To establish regulations and procedures for the Leon County Board of County Commissioners, 

employees and authorized persons where authorized travel is necessary and reimbursement is 

requested. 

SECTION III: DEFINITIONS 

Elected Officials - County Commissioners. 

Appointed Officials - The County Administrator and County Attorney. 

Employees - All other employees of the Leon County Board of County Commissioners. 

Authorized Person - A person, other than a public officer or employee, who is authorized to incur 

travel expenses in the performance of the County’s official duties, such as a consultant, a 

volunteer, or a candidate for an executive or professional position. 


Attachment #1 

Page 2 of 11 

Travel Policy 2.12 


SECTION IV: SCOPE AND APPLICABILITY 

Travel expenses shall be limited to those expenses necessarily incurred in the performance of a 

public purpose authorized by law to be performed by the Leon County Board of County 

Commissioners and must be within limitations described herein and in Ch. 112.06, Florida 

Statutes. 

This policy applies to all travel as defined in Section VI for any purpose and for which 

reimbursement will be claimed by officials, employees, and authorized persons of the Leon 

County Board of County Commissioners as follows: 

1. All such persons are eligible to travel in the conduct of County business or to attend 

meetings, conferences, conventions, and training sessions for the benefit of the County, at 

County expense, pursuant to proper authorization prescribed herein. 

2. Employees who travel for the purpose of obtaining certifications required for continued 

employment with Leon County is an allowable expense. 

3. Candidates for employment with Leon County, who are eligible for reimbursement of travel 

expenses for interviews under the Personnel Policy, must receive prior approval for travel 

(see Section VII) and will be reimbursed in accordance with this policy. 

4. Consultant travel which is not covered within the scope of the consultant’s contract and 

which is billed separately to the County on a cost reimbursement basis must receive prior 

approval and will be reimbursed in accordance with this policy. 

5. Members of volunteer boards and committees who travel in the performance of the County’s 

official duties must receive prior approval and will be reimbursed in accordance with this 

policy. 

6. Under no circumstances will an employee be reimbursed for travel expenses incurred for the 

purpose of taking merit system or job placement examinations for the purpose of applying for 

jobs, whether written or oral. 

This policy does not apply to Emergency Medical Services (EMS) employees providing out of 

town transport to patients. 

SECTION V: EXCEPTIONS 

Any exceptions or unusual circumstances not provided for in this policy must be documented and 

will be subject to review and approval by the appropriate official or designee. 

Page 2 of 11 


Attachment #1 

Page 3 of 11 



SECTION VI: TYPES OF TRAVEL 

A. Class "A" Travel: continuous travel for a period of 24 hours or more out of the County. . 

The travel day for Class "A" travel shall be a calendar day (midnight to midnight). 

B. Class "B" Travel: continuous travel of less than 24 hours that involves overnight absences 

out of the County. The travel day for Class "B" travel shall begin at the same time as the 

travel period. Class A and Class B Travel shall include any assignment of official 

business outside of regular office hours and away from regular places of employment 

when it is considered necessary to stay overnight and for which travel expenses are 

approved. 

C. Class “C” Travel: travel for short or day trips where the traveler is not away from his or 

her official headquarters overnight. 

D. Local Mileage: travel of less than 24 hours in which the traveler is not away from official 

headquarters overnight, and which involves the use of a privately owned vehicle or a 

County vehicle for official business within Leon and the surrounding counties and for 

which no meal reimbursements are claimed. 

SECTION VII: TRAVEL AUTHORIZATION 

All travel will be conducted pursuant to authorized annual budget allocations. Prior to incurring 

any Class A, Class B, or Class C travel expense for which reimbursement or cash advance is 

requested, a Travel Request form must be approved and authorized by the appropriate authority. 

An Annual Travel Request Form may be approved and authorized by the appropriate authority, 

for any Class A or Class B travel expense for which only reimbursement is requested. Local 

mileage, which is included in the annual budget allocation for travel, does not need prior 

authorization and should be reimbursed in accordance with Section X of this policy. Authority 

for approval of Class A, Class B, and Class C travel is designated as follows: 

Elected Officials: 

Travel of individual County Commissioners and their aides shall be approved in advance, 

whenever possible, by the Board of County Commissioners, via an agenda item at a 

regularly scheduled Board meeting where the Board adopts the Commissioners’ “Travel 

Schedule.” In cases where travel cannot be agendaed for approval prior to the trip, it shall 

be agendaed within two meetings following the conclusion of the travel. 

Appointed Officials: 

Travel of the County Administrator and County Attorney shall be approved by the 

Chairman of the County Commission, or the Vice-Chairman in the absence of the Chairman. 

Employees: 

Employees’ travel must be approved by their division head, department head and the County 

Administrator, or their designees, except as specified below. Travel by employees of the County 

Attorney’s Office must be approved by the County Attorney, or his designee. 

Page 3 of 11 


Attachment #1 

Page 4 of 11 



Candidates for Employment in an Executive or Professional Position: 

Travel for candidates for employment in an executive or professional position must be approved 

by their prospective department head and the County Administrator. 

Other Authorized Persons: 

1. Consultants and contractors, traveling on a cost reimbursement basis, must have their travel 

authorized by the department head from whose budget the travel expenses will be paid and the 

County Administrator. 

2. Volunteers and other authorized persons not previously described in this section, traveling for 

the purpose of performing official duties of the County, must have their travel authorized by the 

department head from whose budget the travel expenses will be paid and the County 

Administrator. 

3. In the absence of the County Administrator, the department head and/or the division director, 

the Travel Request form may be approved by their respective designees. 

4. Signatures on the Travel Request Form should be obtained in the following order: 

a. Traveler 

b. Supervisor 

c. Division head, if different from supervisor 

d. Department head 

e. County Administrator (except County Attorney). 

5. The following guidelines should be used when approving requests for travel: 

a. Funds are available in the budget. 

b. A determination is made that a public purpose is achieved in taking the trip. 

c. The number of persons traveling is the minimum number required to accomplish the 

purpose of the trip. 

d. The method of travel (e.g., air, vehicle) is specified and the routing and other 

arrangements are the most economical available and result in the shortest time away or 

the lowest overall cost consistent with the distance to be traveled and the purpose of the 

trip. 

Page 4 of 11 


Attachment #1 

Page 5 of 11 



SECTION VIII: TRAVEL PAYMENT 

An authorized Leon County Purchasing Card is the required method of payment for all travel 

associated expenses (except for meals and unless circumstances dictate that a P-Card cannot be 

utilized) incurred by officials or employees conducting Leon County business, unless 

authorization is given by the County Administrator or his designees(s) for alternative method of 

payment to be utilized. 

Purchasing Card 

Certain items, such as airline tickets, lodging, car rental or registration fees (if allowed), must be 

prepaid with a Purchasing Card upon approval of the Travel Request form. 

Meals 

Purchasing cards are not to may be used for the payment of meals.; however, payments will be 

the lessor of the applicable allowance rate determined by GSA or the amount spent by purchasing 

card. Any amount spent over the GSA by purchasing card shall be deducted from per diem or 

repaid directly to the County. In other instances, Payment payment for meals will be advanced 

to the traveler at the applicable allowance rate after approval of the Travel Authorization Form. 

Meal allowance funds will be issued through direct deposit to the employee. Travel requests 

must be submitted within ten (10) working days to ensure funds are available for direct deposit. 

If a meal allowance is requested after this period, the applicable meal allowance will be provided 

to the traveler as a reimbursement via the Travel Expense Report. 

Travel Advance 

If not using an authorized Leon County Purchasing Card, officials and employees may obtain 

travel advances upon approval of the Travel Request form. The advance amount must be 

indicated on the Travel Request form and should be submitted to Finance at least ten (10) 

working days prior to the start of travel. All requests submitted less than ten (10) working days 

prior to the start of travel will be considered an “emergency” request. Emergency travel 

advances will only be granted on a case-by-case basis and authorized only if the travel-associated 

payment cannot be made by a Purchasing Card. Advances should not be sought for amounts less 

than $50.00 unless an explanation of the necessity for the advance is provided. If a Purchasing 

Card is not used, the traveler should also indicate whether the advance payment check will be 

picked up by the traveler or whether the check should be mailed directly to the vendor) 

Vendor Prepayment 

When a vendor needs to be prepaid, it must be clearly indicated on the travel request. The 

amount to be prepaid, the payee, and the payee’s address and vendor number must be indicated 

on the Travel Request form and should be submitted to Finance ten (10) working days prior to 

the date that the payment is needed. If the vendor does not have a LC vendor number, a New 

Vendor Form must be completed and submitted with the travel request 

Page 5 of 11 


Attachment #1 

Page 6 of 11 



SECTION IX: REIMBURSEMENT OF EXPENSES 

Upon completion of the travel, all travel advances must be settled within ten (10) working days 

of return from traveling. No advances for additional trips shall be given until all prior advances 

have been settled. Failure to settle advances promptly may result in disciplinary action. 

It is the responsibility of the authorizing division to ensure that the traveler complies with this 

section of the policy. Exceptions to this section of the policy may be made upon written 

justification of circumstances, which necessitate multiple advances. 

Within ten (10) days of completing authorized travel, travelers must file a Travel Expense Report 

form. The Travel Expense Report should reflect the entire cost of the trip, including all advances 

and direct payments made. The traveler must sign and date the Travel Expense Report form for 

completeness and correctness as to the actual travel performed. The completed Travel Expense 

Report form must then be signed by the appropriate division head and department head or their 

designee. The form is then forwarded to Finance for final review and processing. If the County 

is due a return of funds from the advance, a check payable to the County should be attached to 

the Travel Expense Report with a request from the traveler for a receipt from Finance. 

The following describes allowable expenses and the documentation required. In general, where 

receipts are required, original receipts should be submitted. If an original receipt is not available, 

an affidavit of the expense explanation must be prepared and included with the Travel Expense 

Report. Further, a copy of the meeting/conference/convention/training agenda, when one is 

provided, must be attached to the Travel Expense Report. When one is not provided, this should 

be indicated on the form. 

Any changes or additions to the cost of the travel made after the Travel Request form was 

approved must be explained on the Travel Expense Report form. 

SECTION X: ALLOWABLE TRAVEL EXPENSES 

A. Meals and Lodging: Class "A" and Class "B" Travel 

1. Travel outside the County/State in order to conduct bona fide County business 

shall be reimbursed by the following methods for each day of such travel, at the 

option of the traveler, provided that the same method of reimbursement is used to 

calculate each day of the travel (i.e., the entire trip will be either based on the per 

diem rate or based on actual expenses plus meal allowances): 

a. Daily Per Diems: the most current standard federal government (General 

Services Administration, GSA) per diem rate to include both lodging and 

meals, or 

b. The actual expenses for lodging at a single occupancy rate, to be 

substantiated by paid bills. However, if the traveler chooses a form of 

lodging where a paid bill is not applicable, the standard Continental 

United States (CONUS) per diem rate will apply. The GSA per diem rate 

is not applicable unless the traveler chooses lodging in which costs are 

incurred, and can be substantiated by a paid bill or receipt. 

Page 6 of 11 


Attachment #1 

Page 7 of 11 



c. Meal expenditures will be reimbursed according to the most current federal 

government General Services Administration (GSA) per diem meal rates. 

The GSA provides for differential rates depending upon the location of 

travel. This approach recognizes the cost differential between various 

counties, cities, and states. 

For counties and cities not included in the GSA list, the standard CONUS 

rate applies and the traveler is ineligible for the daily per diem rate. 

d. The following times shall be used to determine when meal 

reimbursements may be claimed: 

Breakfast: when travel begins prior to 6:00 a.m. and extends 

beyond 8:00 a.m. 

Lunch: when travel begins prior to noon and extends beyond 2:00 

p.m. 

Dinner: when travel begins prior to 6:00 p.m. and extends beyond 

8:00 p.m. 

2. When claiming the standard CONUS per diem rate for Class "A" or "B" travel 

including meal reimbursements, the traveler shall be reimbursed one-fourth of the 

standard CONUS rate of per diem and meal allowances for each quarter, or 

fraction thereof, of the travel day included within this travel period. No receipts 

are required. The travel day is divided into the following quarters: 

12:01 a.m. to 6:00 a.m. 

6:01 a.m. to 12:00 noon 

12:01 p.m. to 6:00 p.m. 

6:01 p.m. to 12:00 midnight 

3. Under no circumstances may an employee be reimbursed for any meal or lodging 

included in convention or conference registration fees paid by the County. A 

continental breakfast provided as part of the conference/convention registration 

fee is considered breakfast and may not be claimed for reimbursement. An 

evening reception or other function that serves only hors d’oeuvres are not 

considered dinner and may be claimed for reimbursement. However, should the 

conference/convention registration fee include the provision of any lunches or 

dinners, these meals may not be claimed for reimbursement. 

4. When a meal is provided by a hotel, airline, other common carrier, or as a part of 

a program/event, the traveler is not allowed to claim the meal for reimbursement. 

5. Reimbursement for lodging expense is limited to single occupancy or occupancy 

shared with another County traveler. Cost of lodging shared with a non-official or 

non-employee (e.g., family members) is limited to the single room rate. 

Page 7 of 11 


Attachment #1 

Page 8 of 11 



6. When traveling within Florida the authorized Leon County Purchasing Card is 

required to be used for the payment of lodging expenses. The traveler must also 

take a copy of the County’s tax-exempt certificate. No sales tax will be 

reimbursed for Florida accommodations that should have been tax exempt. 

7. When lodging, transportation, and/or meals are paid or provided by any federal, 

state, or other local governmental agency, no further expenses will be reimbursed. 

B. Class "C" Travel 

However, if the governmental agency’s per diem rate is less than the applicable 

rate according to the GSA Schedule utilized by Leon County, the employee will 

be reimbursed for the difference. 

A traveler shall not be reimbursed on a per diem basis for Class "C" travel, but shall receive 

subsistence as follows: 

1. Breakfast: 20% rounded to the nearest dollar of the GSA meal allowance - when 

travel begins before 6:00 a.m. and extends beyond 8:00 a.m. 

2. Lunch: 30% rounded to the nearest dollar of the GSA meal allowance when travel 

begins before 12:00 noon and extends beyond 2:00 p.m. 

3. Dinner: 50% rounded to the nearest dollar of the GSA meal allowance - when 

travel begins before 6:00 p.m. and extends beyond 8:00 p.m., or when travel 

occurs during nighttime hours due to special assignment. 

C. Transportation 

All travel must be by a usually traveled route. If a person travels by an indirect route for his/her 

own convenience, any extra costs shall be borne by the traveler and reimbursement for expenses 

shall be based only on such charges as would have been incurred by a usually traveled route. No 

person shall be reimbursed for transportation from home to office, office to home, or to or from 

the point of travel departure. 

1. Air - Coach fare, by the route and/or rate best suited for the interest of the County, 

is allowed and must be documented by a paid receipt. Should a traveler select a 

different route and/or rate, for their own benefit, reimbursement will be limited to 

the Coach fare, by the route and/or rate, determined by what is in the best interest 

of the County. Reimbursement of first class airfare is specifically limited to trips 

under emergency conditions when coach accommodations are not available. In 

those instances where an electronic airline ticket was purchased, documentation 

should include a copy of the traveler’s itinerary, identifying the purchase of the 

airline ticket, or a separate paid receipt for the airline ticket. 

Page 8 of 11 


Attachment #1 

Page 9 of 11 



2. County-Owned Vehicles - When available, County-owned vehicles should be 

used for travel. Receipts for expenses must be presented. A Purchasing Card 

shall be used for fuel purchases in a County-owned vehicle when on authorized 

travel. 

3. Private Vehicle - Use of a private car for travel is authorized when approved on 

the Travel Request form. A traveler using his/her privately owned vehicle would 

be reimbursed at the most current IRS rate in effect on the date(s) of travel. All 

mileage shall be shown from point of origin to point of destination, and included 

with the travel request form. When possible, mileage should be computed and 

reimbursed based on the current map of the Florida Department of Transportation 

for in-state travel. Alternate methods of computing mileage, such as the use of an 

Internet website, may be authorized on the Travel Request form if supported by 

appropriate documentation. Road and bridge tolls may be claimed in addition to 

mileage upon presentation of receipts. Vicinity mileage necessary for the conduct 

of official business is allowable but must be listed separately on the 

reimbursement request and the purpose explained. 

4. Train or Bus - Travelers must use the most economical accommodations on short 

trips, not involving overnight travel. On longer trips, travelers are entitled to 

comfortable single accommodations. However, in no case will reimbursement 

exceed the rate of Coach fare for air travel to the destination. 

5. Taxi, Limousine, Public Transportation, Parking, and Car Rental - The actual 

costs incurred for normal use of taxi, limousine, public transportation, and parking 

are reimbursable. Receipts are not required for reimbursement of parking, taxi, 

limousine, and public transportation costs that are less than $20.00 per traveler per 

trip. “Per trip” shall be the trip authorized in the Travel Request form - not each 

ride in public transportation. When these items cumulatively exceed $20.00 

during the duration of the travel, receipts are required to document the full 

amount. In those cases where receipts are not available (i.e., mass transit tokens) 

reimbursement may still be sought with an explanation of the circumstances via a 

memorandum attached to the Travel Expense Report. 

Car rental expense is reimbursable but only when prior approval is obtained on 

the Travel Request form and a receipt is attached. However, a County - approved 

traveler should not purchase collision-damage waivers when renting a car, as the 

County’s self-insured program is adequate to cover claims. The purchase of 

“Personal Accident Insurance” by a traveler is also non-reimbursable as 

employees on authorized business are covered under Workman’s Compensation. 

The state contract for car rental providers should be used whenever possible. 

Expenses incurred for collision-damage waivers or personal accident insurance 

will not be reimbursed unless prior approval of an exception is granted. A 

Purchasing Card may be used for fuel purchases in a County-owned or rental 

vehicle when on authorized travel. 

Page 9 of 11 


Attachment #1 

Page 10 of 11 



D. Telephone and Fax 

Only the cost of business calls and faxes with a stated business purpose are reimbursable. 

“Collect” calls to County offices are acceptable when required. 

E. Registration Fees 

Fees for registration, including meals and other programmed events sponsored by the 

conference or convention organization, should be prepaid wherever possible. Optional 

fees for recreation and/or entertainment activities associated with a conference or 

convention are not reimbursable. Fees for non-County officials or non-County employees 

(e.g., family members) to participate in activities are not reimbursable. 

F. Miscellaneous 

Any other necessary expense, not otherwise provided for but incurred for the benefit of 

the County, must appear together and be identified on the Travel Expense Report form. 

Other miscellaneous gratuities for the hotel, taxis, the airport, porters, etc. should be 

identified here. The amount should be reasonable and, whenever possible, the traveler 

should obtain and attach receipts to the expense report to substantiate miscellaneous 

expenditures. 

SECTION XI: LOCAL MILEAGE REIMBURSEMENT 

Reimbursement for local mileage or Class "C" travel millage involving the use of the employee’s 

vehicle shall be submitted on the Local Mileage Reimbursement form and shall specify: 

the date of the travel, 

the origin, 

the destination, 

the number of miles traveled, 

the purpose of the travel, and 

the amount requested for reimbursement. 

If the expenses being requested for reimbursement pertain to use of a privately owned vehicle, 

the reimbursement amount is calculated by multiplying the number of miles traveled by the most 

current IRS mileage allowance. No receipts are required. 

If the expenses being requested for reimbursement pertain to use of a County vehicle, receipts for 

actual expenses for fuel or tolls must be attached. 

The Local Mileage Reimbursement form shall be submitted monthly. The Local Mileage 

Reimbursement Form must be signed by the employee requesting the reimbursement and the 

appropriate department head or his designee. 

Page 10 of 11 


Attachment #1 

Page 11 of 11 



SECTION XII: TOURIST DEVELOPMENT TRAVEL 

In accordance with Florida Statute 125.0104, the Tourist Development department is authorized 

to provide, arrange, and make expenditures for transportation, lodging, meals, and other 

reasonable and necessary items and services in connection with the performance of promotional 

and other duties. Entertainment expenses shall be authorized only when meeting with travel 

writers, tour brokers, or other persons connected with the tourist industry. All travel and 

entertainment-related expenditures in excess of $10.00 shall be substantiated by paid bills and 

justification shall be provided on the Travel Expense Report form. 

The actual reasonable and necessary costs of travel, meals, lodging and incidental expenses of 

officers, employees and other authorized persons when meeting with travel writers, tour brokers, 

or other persons connected with the tourist industry and while attending or traveling in 

connection with travel or trade shows shall be reimbursed. 

With the exception of provisions concerning rates of payment, the provisions of this policy and 

F.S. 112.061 are applicable. 

SECTION XIII: MEAL REIMBURSEMENT FOR REQUIRED LOCAL MEETINGS 

Divisions will not be required to follow the Class “C” Travel Section (Section X, B) as outlined 

in this policy when expenses are incurred for meals surrounding an intra-county meeting that a 

County employee is required to attend. Reimbursement for meals in compliance with this Policy 

will be authorized by an employee’s supervisor. Actual reimbursements may not exceed General 

Services Administration (GSA) per diem meal rates for the Tallahassee area. 

Page 11 of 11 


Fiscal Year: Budget Account: 

Department Name: Division Name: 

Supervisor/Division Director:__________________________________________ 

Department/Office Director:___________________________________________ 

Deputy County Administrator:__________________________________________ 

County Administrator:______________________________________________ 

Revised 4/23/2013 

REQUIRED APPROVAL SIGNATURES 


ANNUAL TRAVEL REQUEST FORM 

Potential Travelers Title Destintation 

Date: 

Date: 

Date: 

Date: 

Date 

Total 

Attachment #2 

Page 1 of 1 

Estimated Cost 

Page 40 of 631 Posted at 6:15 p.m. on June 10, 2013 

$0.00

Leon County 




To: 

Leon County 



June 18, 2013 



Title: Authorization to Amend the 2003 Mid-Year Funding Agreement to Provide 

for the Expenditure of $16,130 by Bethel Missionary Baptist Church 



Department/ 


Lead Staff/ 

Project Team: 



Scott Ross, Director, Office of Financial Stewardship 

Damion R. Warren, Management & Budget Technician 


This item has a fiscal impact to the County. Bethel Missionary Baptist Church (Bethel) currently 

has remaining funds from a 2003 Mid-Year funding agreement of $16,130. If the Board does not 

approve Bethel’s request to expend the funds, the funds would be returned to the County’s 

general fund. 


Option #1: Authorize the staff to amend the Agreement as necessary to provide for the 

expenditure of $16,130 by Bethel Missionary Baptist Church, as described in this 

agenda item, in a form approved by the County Attorney, and authorize the 

County Administrator to execute the amended Agreement. 


Title: Authorization to Amend the 2003 Mid-Year Funding Agreement to Provide for the 

Expenditure of $16,130 by Bethel Missionary Baptist Church 

June 18, 2013 

Page 2 


Background: 

On December 10, 2002, the Board approved $75,000 in one-time mid-year funding for Bethel 

Towers to cover a budget shortfall. At the time, the low-income independent living facility for 

senior citizens aged 62 and older had 20 of its 59 units unoccupied. The facility was designed to 

be self-sufficient at full capacity; but, due to the vacant units, funding was needed for a night 

security guard, wheel chairs, a bus driver, an Activity Coordinator, service upkeep of a bus, and 

field trips for residents. The County and Bethel executed a Mid-Year Funding Agreement 

(Agreement) on March 3, 2003 (Attachment #1). The full $75,000 was disbursed to Bethel in a 

lump-sum. After paying for related expense items, Bethel had a balance of $16,130 remaining 

from the funds provided by the County (Attachment #2). 

Analysis: 

On May 10, 2013, Bethel requested to be able to utilize the remaining funds to complete exterior 

improvements to Bethel Towers (Attachment #3). Exterior improvements were not a part of the 

original funding agreement; therefore, Board action is required to authorize the use of these 

funds outside of the activities listed in the agreement. If the Board does not approve this change, 

the funds in the amount of $16,130 would be returned to the County’s general fund. 

Options: 

1. Authorize staff to amend the Agreement as necessary to provide for the expenditure of 

$16,130 by Bethel Missionary Baptist Church, as described in this agenda item, in a form 

approved by the County Attorney, and authorize the County Administrator to execute the 

amended Agreement. 

2. Do not authorize staff to amend the Agreement as necessary to provide for the expenditure of 

$16,130 by Bethel Missionary Baptist Church, as described in this agenda item. 



Option #1. 

Attachments: 

1. 2003 Mid-Year Funding Agreement 

2. Bank Statement 

3. Request to Use Funds for Exterior Improvements 


Attachment #1 

Page 2 of 3 

NOW, THEREFORE, in consideration of the premises and mutual covenants contained herein, 

the parties to this Agreement do agree as follows: 

Notwithstanding the intention of the County to make this disbursement, the County 

specifically reserves the right to reduce, increase, or totally withdraw its financial commitment to 

the Grantee at any time and for any reason. 

1. The disbursement of funds by the County to the Grantee shall be disbursed in a lump-sum 

amount upon the County's OMB 's receipt of an invoice submitted by the Grantee. 

2. Nothing herein contained is intended or should be construed as creating or establishing the 

relationship of agency, partners, or employment between the parties hereto, or as constituting either 

party as the agent or representative of the other for any purpose. Grantee is not authorized to bind 

the County to any contracts or other obligations and shall not expressly represent to any party that 

Grantee and County are partners or that Grantee is the agent or representative of the County. 

3. The Grantee agrees to indemnify and hold harmless the County from all claims, damages, 

liabilities, or suits of any nature whatsoever arising out of, because of, or due to the breach of this 

agreement by the Grantee, its delegates, agents or employees, or due to any act or occurrence of 

omission or commission of the Grantee, including but not limited to costs and a reasonable attorney's 

fee. The County may at its option, defend itself or allow the Grantee to provide the defense. 

4. This Agreement shall be governed by, construed, and enforced in accordance with the laws 

of the State of Florida. 

5. This Agreement shall become effective upon its execution, and shall only be in effect for the 

Leon County fiscal year when executed. 


,.

CHURCH OFFICE 8501222·8440 

FAX 8501222·5873 

'Bettie[ Missionary 

May 10,2013 

Mr. Alan Rosenzweig 

Deputy leon County Administrator 

Office of Management and Budget 


Tallahassee, Florida 32301 

RE: Request Spending Authority 

Dr. R.B. Holmes, Jr., Pastor 

RECEIVED MAY 1 6 2011 

'Baptist Cliurcli 

Attachment #3 

Page 1 of 1 

224 North Martin Luther K ng, Jr, Boulevard 


Please accept this letter as a formal request for spending authority on the $16,130.30, remaining on 

grant funds awarded to NBC/Bethel in 2003. These funds will allow us to complete some much needed 

exterior improvements to the property located 324 North Martin luther King Jr. Blvd. 

We appreciate your cooperation in granting us the authority. If you have any further questions 

concerning this matter, please do not hesitate to call me or Fonda B. Murray at (850)222-8440. 

Mu--:7 

Reverend Dr. R.B. Holmes, Jr. 

Pastor 

c: Mr. Vince long, Leon County Administrator 

Ms. Sandra King, Bethel Tower Director 


Leon County 




To: 

Leon County 



June 18, 2013 



Title: Approval of Payment of Bills and Vouchers Submitted for 

June 18, 2013, and Pre-Approval of Payment of Bills and Vouchers for the 

Period of June 19 through July 8, 2013 



Department/Division 

Review: 

Lead Staff/ 

Project Team: 





This item has a fiscal impact. All funds authorized for the issuance of these checks have been 

budgeted. 


Option #1: Approve the payment of bills and vouchers submitted for June 18, 2013, and preapprove 

the payment of bills and vouchers for the period of June 19 through 

July 8, 2013. 


Title: Approval of Payment of Bills and Vouchers Submitted for June 18, 2013, and Pre- 

Approval of Payment of Bills and Vouchers for the Period of June 19 through July 8, 2013 

June 18, 2013 

Page 2 


This agenda item requests Board approval of the payment of bills and vouchers submitted for 

approval June 18, 2013 and pre-approval of payment of bills and vouchers for the period of 

June 19 through July 8, 2013. The Office of Financial Stewardship/Management and Budget 

(OMB) reviews the bills and vouchers printout, submitted for approval during the 

June 18, 2013 meeting, the morning of Monday, June 17, 2013. If for any reason, any of these 

bills are not recommended for approval, OMB will notify the Board. 

Due to the Board not meeting the fourth Tuesday in June or the first Tuesday in July, it is 

advisable for the Board to pre-approve payment of the County's bills for June 19 through 

July 8, 2013, so that vendors and service providers will not experience hardship because of 

delays in payment. The OMB office will continue to review the printouts prior to payment and if 

for any reason questions payment, then payment will be withheld until an inquiry is made and 

satisfied, or until the next scheduled Board meeting. Copies of the bills/vouchers printout will be 

available in OMB for review. 

Options: 

1. Approve the payment of bills and vouchers submitted for June 18, 2013, and pre-approve the 

payment of bills and vouchers for the period of June 19 through July 8, 2013. 

2. Do not approve the payment of bills and vouchers submitted for June 18, 2013, and do not 

pre-approve the payment of bills and vouchers for the period of June 19 through July 8, 2013. 



Option #1. 

VSL/AR/SR/cc 


Leon County 




To: 

Leon County 



June 18, 2013 



Title: 



Department/ 


Lead Staff/ 

Project Team: 

Acceptance of the FY 2012/2013 Mid-Year Financial Report 



Scott Ross, Director of Office of Financial Stewardship 

Timothy Barden, Principal Management & Budget Analyst 

Felisa Barnes, Principal Management & Budget Analyst 

Timothy Carlson, Senior Management & Budget Analyst 

Chris Holley II, Management & Budget Analyst 

Kay Pelt-Walker, Management & Budget Analyst 

Damion Warren, Management & Budget Technician 


This item summarizes the FY 2012/2013 year-to-date receipts for the County’s major revenues; 

provides the dollar amount that each program has spent to date over or under the FY 2012/2013 

budget; provides preliminary FY 2013/2014 revenue estimates; and, provides the FY 2012/2013 

estimated fund balance. 


Option #1: Accept the FY 2012/2013 Mid-Year Financial Report (Attachment #1). 


Title: Acceptance of the FY 2012/2013 Mid-Year Financial Report 

June 18, 2013 

Page 2 


Background: 

OMB prepares two financial reports annually for Board consideration. The first is presented at 

the mid-point of the fiscal year to identify financial trends that are developing. This report also 

includes preliminary FY 2013/2014 revenue estimates. The second report is presented at the 

fiscal year-end to recap the financial performance of the County. 

Analysis: 

Included in the Mid-Year Financial Report are the following sections: 

Revenues 

This section summarizes and describes the FY 2012/2013 year-to-date (YTD) receipts for the 

County’s major revenues. It provides a comparison of these receipts to the FY 2011/2012 actual 

receipts and the FY 2012/2013 budget. It also provides preliminary FY 2013/2014 revenue 

estimates. 

Expenditures 

This section displays the FY 2012/2013 budgets for each program. It also shows the 

FY 2012/2013 actual expenditures and provides the dollar amount that each program has spent to 

date over or under the FY 2012/2013 budget as well as the percentage of the FY 2012/2013 

budget that each program has spent to date. 

Fund Balance 

This section compares the fund balances of each fund for the two prior fiscal years. It also 

shows the FY 2012/2013 estimated fund balance, the FY 2012/2013 adopted budget and it 

calculates the fund balance as a percentage of the budget in each fund for FY 2012/2013. 

Capital Improvement Program 

This section provides FY 2012/2013 YTD budget and expenditure information for each capital 

improvement project. 

Grants Program 

This section provides FY 2012/2013 YTD budget and expenditure information for all County 

grants as well as a description of each grant. 

Community Economic Profile 

This section tracks information about the community including information regarding 

population, higher education enrollment, visitors, unemployment, taxable retail sales, labor force, 

industry type employment, taxable value, principal taxpayers, permits, crime and homestead 

parcels. 

Financial Indicators 

This section provides financial information used to identify emerging trends in the County’s 

fiscal performance. 


Title: Acceptance of the FY 2012/2013 Mid-Year Financial Report 

June 18, 2013 

Page 3 

Comparative Data 

This section provides a net budget, population, ad valorem tax collection, exempt property 

percentage, and staffing comparison between Leon County and other like-sized counties. It also 

identifies how Leon County ranks in comparison to all Florida counties in employees per 1,000 

residents, net budget per resident and percentage of exempt property 

Options: 

1. Accept the FY 2012/2013 Mid-Year Financial Report. 

2. Do not accept the FY 2012/2013 Mid-Year Financial Report. 



Option #1. 

Attachment: 

1. FY 2012/2013 Mid-Year Financial Report 

VL/AR/SR/KPW/kpw 




Fiscal Year 2013 

Mid-Year Financial Report 

“People Focused. Performance Driven.” 


Produced by 

The Office of Management & Budget 

Office of Financial Stewardship 

This publication can be viewed online, at the Leon County website: 

www.leoncountyfl.gov/omb/ 

Attachment #1 

Page 1 of 62 


Leon County Government 

Fiscal Year 2013 Mid-Year Financial Report 

AGENDA REQUEST 

REVENUES 

Table of Contents 

Major Revenue Summary ................................................................................................................................ 1 

Preliminary FY 2013 Revenue Estimates ........................................................................................................ 2 

Revenue Projections ........................................................................................................................................ 3 

General Fund/Fine & Forfeiture- Fund Balance ............................................................................................... 4 

Ad Valorem Taxes .......................................................................................................................................... 5 

State Revenue Sharing Tax ............................................................................................................................. 6 

Local Government ½ Cent Sales Tax .............................................................................................................. 7 

Communications Services Tax ........................................................................................................................ 8 

Public Service Tax ........................................................................................................................................... 9 

State Shared Gas Tax ................................................................................................................................... 10 

Local Option Gas Tax .................................................................................................................................... 11 

Local Option Sales Tax .................................................................................................................................. 12 

Local Option Tourist Tax ................................................................................................................................ 13 

Solid Waste Fees ........................................................................................................................................... 14 

Building Permit Fees ...................................................................................................................................... 15 

Environmental Permit Fees ............................................................................................................................ 16 

Ambulance Fees ............................................................................................................................................ 17 

Probation & Pre-Trial Fees ............................................................................................................................ 18 

Court Facilities Fees…………………………………………………………………………………………………..19 

EXPENDITURES 

Program Expenditure Summary ..................................................................................................................... 20 

FUND BALANCE 

Summary of Fund Balance & Retained Earnings (unaudited) ........................................................................ 24 

CAPITAL IMPROVEMENT PROGRAM 

Capital Improvement Program Summary ....................................................................................................... 26 

Culture and Recreation .................................................................................................................................. 27 

General Government ..................................................................................................................................... 27 

Health and Safety .......................................................................................................................................... 28 

Physical Environment .................................................................................................................................... 28 

Transportation .............................................................................................................................................. 29 

GRANTS PROGRAM 

Grants Program Summary ............................................................................................................................. 30 

COMMUNITY ECONOMIC PROFILE 

Community Economic Profile ......................................................................................................................... 36 

FINANCIAL INDICATORS 

Financial Indicators ........................................................................................................................................ 44 

COMPARATIVE DATA 

Attachment #1 

Page 2 of 62 

Comparative Data for Like-Sized Counties .................................................................................................... 49 

Comparative Data for Surrounding Counties ................................................................................................. 52 

Comparative Data for All Florida Counties ..................................................................................................... 55 


To: 

Leon County 



June 18, 2013 



Title: 



Department/ 


Lead Staff/ 

Project Team: 

Acceptance of the FY 2012/2013 Mid - Year Financial Report 











This item summarizes the FY 2012/2013 year-to-date receipts for the County’s major revenues, 


budget, provides preliminary FY 2013/2014 revenue estimates and provides the FY 2012/2013 

estimated fund balance (Attachment #1). 


Option #1: Accept the FY 2012/2013 Mid -Year Financial Report. 

Attachment #1 

Page 3 of 62 



Background: 





Analysis: 


Attachment #1 

Page 4 of 62 

Revenues 




estimates. 

Expenditures 

This section displays the FY 2012/2013 budgets for each program. It also shows the FY 

2012/2013 actual expenditures and provides the dollar amount that each program has spent to 



Fund Balance 














parcels. 










Options: 

1. Accept the FY 2012/2013 Mid -Year Financial Report. 

2. Do not accept the FY 2012/2013 Mid -Year Financial Report. 

3. Board Direction. 


Option #1 

Attachments: 

1. FY 2012/2013 Mid - Year Financial Report 


Attachment #1 

Page 5 of 62 




MAJOR REVENUE SUMMARY 

Total FY13 budgeted revenues shown below represents approximately 77% of all FY13 budgeted County revenues. (1) 

Revenue Source FY13 Budget FY12 YTD Actual 

Ad Valorem Taxes 104,367,480 

State Revenue Sharing (2) 4,150,550 

Communication Serv. Tax (3) 3,151,150 

Public Services Tax (4) 6,568,300 

State Shared Gas Tax (5) 3,718,300 

Local Option Gas Tax (5) 4,807,950 

Local 1/2 Cent Sales Tax (2) 10,110,850 

Local Option Sales Tax (2) 3,390,740 

Local Option Tourist Tax (6) 4,100,675 

Solid Waste Fees (7) 8,831,313 

Building Permits Fees (8) 960,925 

Environmental Permit Fees (9) 608,095 

Ambulance Fees (10) 8,854,000 

Probation and Pre-Trial Fees (11) 1,027,520 

Court Facilities Fees (12) 1,358,500 

Fire Services Fee (13) 6,394,772 

Interest Income - GF/FF (14) 582,350 

Interest Income - Other (14) 1,702,411 

92,622,985 

2,770,842 

2,133,126 

3,811,255 

1,876,276 

2,454,007 

6,219,301 

2,095,114 

2,510,686 

5,645,615 

879,730 

386,446 

6,049,892 

661,345 

817,684 

4,725,195 

304,713 

829,445 

FY13 YTD 

Budget 

98,174,023 

2,677,356 

1,849,780 

3,784,508 

1,814,678 

2,341,009 

6,003,960 

2,007,469 

2,389,824 

5,887,542 

624,128 

415,023 

5,252,010 

616,501 

775,148 

4,850,694 

291,175 

851,206 

FY13 YTD Actual 

102,731,629 

2,811,019 

2,056,736 

3,971,222 

1,870,000 

2,355,122 

6,357,160 

2,149,986 

2,428,964 

5,541,725 

911,954 

442,407 

6,396,012 

649,063 

841,381 

4,992,154 

327,297 

896,568 

FY12 YTD Actuals 

vs. FY13 YTD 

Actuals 

FY13 YTD Budget 

vs. FY13 YTD 

Actuals 

10.9% 4.6% 

1.4% 5.0% 

-3.6% 11.2% 

4.2% 4.9% 

-0.3% 3.0% 

-4.0% 0.6% 

2.2% 5.9% 

2.6% 7.1% 

-3.3% 1.6% 

-1.8% -5.9% 

3.7% 46.1% 

14.5% 6.6% 

5.7% 21.8% 

-1.9% 5.3% 

2.9% 8.5% 

5.6% 2.9% 

-4.4% 12.4% 

2.6% 5.3% 

TOTAL: $ 174,685,881 $ 136,793,658 $ 140,606,033 $ 147,730,399 8.0% 5.1% 

Attachment #1 

Page 6 of 62 

Notes: 

(1) The percentage is based on all County revenues net of transfers and appropriated fund balance. 

(2) The 1/2 Cent Sales Tax and State Revenue Sharing are both State shared revenues supported by state and local sales tax collections. 

Overall, local sales tax transactions have been higher, indicating a continued economic recovery. 

(3) The Communication Services Tax includes a $2.5 million audit reimbursement from the state with a $1.3 million lump sum payment 

distributed in December 2009 and the remainder prorated monthly with payments of $33,456 beginning in February 2009 until December 

2012. Leon County's decline in this revenue follows a statewide trend. 

(4) While the Public Service Tax shows an increase from FY12, due to the City recently providing records that show a $2.1 million 

overpayment from the last three years projections have been lowered for FY14 to account for the payback which will occur over the next 36 

months. 

(5) Decreased fuel consumption due to the recession and high fuel cost has caused a moderate decrease in gas tax revenue. 

(6) Year to year decline is primarily due to the legislative session being held two months later than in FY12. Bed tax revenues associated 

with the end of session have not been reconciled. 

(7) Due to decreased year to date tonnage at the transfer station solid waste station revenues are currently less than the previous year and 

what is budgeted for the current year. 

(8) As the housing market continues to rebound in the current economy an increase in new construction and multi family housing permits 

has been seen, resulting in an increase in revenue for FY13. 

(9) As economic conditions continue to improve in the development/construction industry, development approval and environmental permit 

revenue has seen the beginnings of a rebound. 

(10) This revenue is anticipate to decline by years end due to recent information that indicates collections to actual billings are dropping 

from 41% to 36% of total billings. 

(11) The slight revenue increase in the probation/pre-trial program is attributed to higher than expected revenue associated with the new 

urinalysis testing program, while no overall decrease in revenue is due to continued fee waivers and the privatization of the GPS program. 

(12) The Court Facilities fees were increased in February FY10 from $15 to $30. This fee change is the reason for the steady increase in 

revenue collection. 

(13) The fire services fee was implemented for FY10. Revenues shown reflect collections by the City of Tallahassee and non ad valorem 

assessments placed on the County tax bill. Year-to-date collections are lower due to under-collections by the City of an estimated 1,012 

delinquent accounts, which will be transferred from quarterly billing to next years tax bills. 

(14) In an effort to affect economic recovery, the Federal Reserve has continued to keep interest rates low, directly influencing interest 

earnings on County funds. While interest earnings to date are above forecasted returns, the rate of return is comparable to FY12 levels. 

Interest classified as other will decline in out-years as budgeted capital reserves are expended. 




PRELIMINARY FY 2014 REVENUE ESTIMATES 

All revenues below are shown as they are budgeted, which is 95% of the actual amount anticipated. (1) 

Attachment #1 

Page 7 of 62 

Revenue Source 

FY12 

Budget 

FY13 

Budget 

FY14 

Prelim. Budget 

FY13 to FY14 

% Change (2) 

General Revenues or Restricted Revenues: Supplemented by General Revenues 

Ad Valorem Taxes (3) 104,995,281 104,367,480 104,717,055 

0.3% 

State Revenue Sharing Tax (2) 4,107,800 

4,150,550 

4,138,200 

-0.3% 

Communication Services Tax (4) 3,280,625 

3,151,150 

3,365,850 

6.4% 


6,568,300 

5,243,000 

-25.3% 

Local Government 1/2 Cent Sales Tax 10,173,550 

10,110,850 

10,583,000 4.5% 


608,095 

598,975 

-1.5% 

Probation Fees 1,119,005 

1,027,520 

1,024,385 

-0.3% 

Court Facilities Fees 1,249,250 

1,358,500 

1,384,150 

1.9% 

Interest Income - General Fund/Fine & Forfeiture 609,425 

582,350 

1,005,765 

42.1% 

Subtotal: $ 133,024,646 $ 131,924,795 $ 132,060,380 

0.1% 

Comparison to Previous Year Budget 

Gas Taxes (2) 

- 

(1,099,851) 

135,585 

State Shared Gas Tax 3,691,700 

3,718,300 

3,621,400 

-2.7% 

Local Option Gas Taxes 4,743,350 

4,807,950 

4,586,600 

-4.8% 

Subtotal: $ 8,435,050 $ 8,526,250 $ 8,208,000 

-3.9% 


Restricted Revenues: No General Revenue Support 

- 

91,200 

(318,250) 


8,854,000 

8,303,000 

-6.6% 

Building Permit Fees (5) 994,175 

960,925 

1,201,370 

20.0% 

Local Option Sales Tax Extension 3,296,405 

3,390,740 

3,593,850 5.7% 

Local Option Tourist Tax 3,916,850 

4,100,675 

4,105,283 

0.1% 


6,394,772 

TBD 0.0% 


8,831,313 

TBD 

*Subtotal: $ 17,374,930 $ 17,306,340 $ 17,203,503 

-0.6% 

Comparison to Previous Year Budget - 

(68,590) 

(102,837) 

TOTAL: $ 158,834,626 $ 157,757,385 $ 157,471,883 

-0.2% 

*FY12 and FY13 budget subtotals exclude Fire Service Fees and Solid Waste Fees due to the unavailability of FY14 preliminary budget figures at the 

time of publishing. 

Notes: 

(1) According to Florida Statutes, all revenues must be budgeted at 95%. Budget estimates are preliminary and may be adjusted if necessary 

as additional information becomes available prior to the July budget workshops. 

(2) Certain revenue projections associated with the usage of electric utilities have decreased from the FY12 budget. This is due to the 

overpayment by the City of Tallahasse in electric public service taxes over the past three years by $2.1 million. The FY13 and FY14 forecasts 

have been adjusted to relect the payback of these overpayments through withholding over the next 36 months. Other revenue projections, such 

as building permits and sales taxes are expected to increase slightly, an indication of the economic recovery. 

(3) The FY14 estimatesare based on preliminary valuations released by the Property Appraiser on June 1, 2013 that show a rate consitent with 

the previous fiscal year. This number will be updated upon receipt of formal valuations provided July 1, 2013. 

(4) The final reimbursement schedule concluded in December 2012. Revenues are forecasted to increase slightly with the econmic recovery. 

(5) Environmental Permit Fees continue to be hardest hit by the decline in development activity; however recent revenue trends suggest a 

leveling in FY14. The increase in Building permits are related to the growth in both new construction and the permitting of new developments. 

(6) The decline in forecasted revenue for FY13 and FY14 is due to a decrease in billing collections. Historically, billing receipts were 41% of 

total billing. Over the last year receipts have fallen to 36% of total billings. 

(7) The decrease in FY13 fire service fees is due to delinquent collections that were moved to the tax bill as non ad valorem assessments that 

are not paid through the City's quarterly billing system, which are subsequently collected the following year. The decrease in FY13 accounts for 

the collection of delinquent due amounts on preceding tax bills. The FY14 estimates are not available from the City of Tallahassee at this time. 

(8) FY13 increased revenue is due to estimated increase in tonnage at the transfer station and an increase in the tipping fee. Preliminary FY14 

estimates are not available due to final negotiations with the City of Tallahassee regarding the new tipping fee based on a decrease in the 

hauling rate to Waste Managements Springhill facility. 


FY 2013 AND FY 2014 REVENUE PROJECTIONS 

Adopted Budget FY 2013, Projected Actuals FY 2013, and Estimated Budget FY 2014 

$14.0 

$12.0 

$10.0 

$8.0 

$6.0 

$4.0 

$2.0 

$0.0 

Millions 

$3.4 

$3.7 

$3.6 

Local Option 

Sales Tax 

$4.2 

$4.3 

$4.1 

State Rev 

Sharing 

$10.1 

$10.8 

$10.6 

1/2 Cent 

Sales Tax 

$8.8 

$8.9 

Solid Waste 

Fees 

$8.5 

$8.7 

$8.2 

$4.1 

$3.8 

$4.1 

Gas Taxes Tourist 

Develop. 

Taxes 

$1.6 

$2.2 

FY13 Adopted 

FY13 Projected 

FY14 Budget Estimate 

$1.8 

Building and 

Env Fees 

$3.2 

$3.5 

$3.4 

Comm. 

Services Tax 

Adopted Budget FY 2013, Projected Actual Collections FY 2013, and Estimated Budget FY 2014: 

Attachment #1 

Page 8 of 62 

$6.6 

$6.1 

$5.2 

Public 

Service Tax 

This chart illustrates a comparison between the current budget, the projected actual collections for FY 2013, and the 

FY 2014 budget estimates. The chart depicts FY14 revenues forecasted at 95% as required by Florida Statute. 

Detailed charts of these revenues are shown on the subsequent pages, including ad valorem taxes. 


GENERAL FUND /FINE AND FORFEITURE- FUND BALANCE 

General/Fine and Forfeiture Fund Balance 

Millions 

$48.00 

$40.00 

$32.00 

$24.00 

$16.00 

$8.00 

$0.00 

$41.83 

$24.50 

$25.70 

$30.69 

31.73 

$35.03 

$29.94 

FY07 FY08 FY09 FY10 FY11 FY12 FY13 

Estimate 

Attachment #1 

Page 9 of 62 

General/Fine and Forfeiture Fund 

Balance: 

Fund Balance is maintained for cash 

flow purposes, as an emergency 

reserve and a reserve for one-time 

capital improvement needs. In 

addition, the amount of fund balance 

is used by rating agencies in 

determining the bond rating for local 

governments. The Leon County 

Reserves Policy requires fund 

balances to be between a minimum 

of 15% and a maximum of 30% of 

operating expenditures. The 

unaudited fund balance for FY13 is 

$29.94 million. This reflects 25% of 

operating expenditures and is 

consistent with the County’s 

Reserve Policy. 

Other than the excess fees 

budgeted for the Tax Collector, 

FY13 estimates do not include the 

return of possible excess fees from 

the Constitutional Officers. 


Fiscal Year Actuals & Projections 

$140.0 

$120.0 

$100.0 

$80.0 

$60.0 

$40.0 

$20.0 

Millions 

$118.1 

$110.1 

$108.2 

AD VALOREM TAXES 

$105.1 $104.4 $102.7 

FY09 FY10 FY11 FY12 FY13 

Budget 

Monthly Totals: Budget vs Actuals 

Millions 

$90 

$80 

$70 

$60 

$50 

$40 

$30 

$20 

$10 

$0 

October 

November 

December 

January 

February 

March 

April 

May 

FY13 YTD 

Actual 

June 

FY12 Actual FY13 Budget FY13 Actual 

$106.3 

FY13 

Projected 

Actuals 

July 

August 

$104.7 

FY14 Est. 

Budget 

September 

Background: 

Ad Valorem taxes are derived from all 

non-exempt real and personal 

properties located within Leon 

County. The non-voted countywide 

millage rate is constitutionally capped 

at 10 mills (Article VII, Section 9(a) 

and (b)). 

The amounts shown are the 

combined General Fund and Fine and 

Forfeiture Fund levies. 

Trend: 

In January 2008 a constitutional 

amendment was passed that 

established restrictions on property 

valuations, such as an additional 

$25,000 homestead exemption and 

Save Our Homes tax portability. 

These restrictions will restrict future 

growth in ad valorem taxes. The 

forecasted trend shows a leveling of 

the preceding years decline in 

property values. 

Fiscal Year 2014 Ad Valorem tax 

estimates are based on preliminary 

valuation provide by the Property 

Appraiser’s Office on June 1, 2014. 

Due to the automatic 45 day filing 

extension on tangible personal 

property values, an additional 

$100,000 million in values was added 

to the June 1, 2013 valuations 

provided by the Property Appraiser. 

FY12 Budget: $104,955,281 

FY12 Actual: $105,069,896 

Attachment #1 

Page 10 of 62 

FY13 Budget: $104,367,480 

FY13 YTD Actual: $102,731,629 

FY13 Projected Actual: $106,298,000 

FY14 Estimated Budget: $104,717,055 



Millions 

$6.0 

$5.0 

$4.0 

$3.0 

$2.0 

$1.0 

$0.0 

$4.56 

$4.09 $4.10 

$4.24 

STATE REVENUE SHARING TAX 

$4.37 

$4.15 

FY08 FY09 FY10 FY11 FY12 FY13 

Budget 


Thousands 

$600 

$500 

$400 

$300 

$200 

$100 

$0 

October 

November 

December 

January 

February 

March 

April 

May 

$2.81 

FY13 YTD 

Actual 

June 

July 


$4.27 

$4.14 

FY13 FY14 Est. 

Projected 

Actual 

Budget 

August 

September 

Background: 

The Florida Revenue Sharing Act of 

1972 was an attempt by the 

Legislature to ensure a minimum 

level of parity across units of local 

government when distributing 

statewide revenue. Currently, the 

Revenue Sharing Trust Fund for 

Counties receives 2.9% of the net 

cigarette tax collections and 2.25% 

of sales and use tax collections. 

Effective July 1, 2004, the 

distribution formula reduced the 

County's share to 2.044% or a net 

reduction of approximately 10%. 

The sales and use tax collections 

provide approximately 96% of the 

total revenue shared with counties, 

with the cigarette tax collections 

making up the small remaining 

portion. These funds are collected 

and distributed on a monthly basis 

by the Florida Department of 

Revenue. 

Trend: 

Since FY08, Leon County 

experienced a decrease in state 

revenue sharing taxes due to the 

recession. The most recent trend 

has seen a leveling from the decline 

in statewide sales collections which 

is projected to continue for FY13. 

During the 2013 General Revenue 

Estimating Conference, the State 

expects to see modest positive 

growth in FY14 and the out-years. 

FY12 Budget: $4,107,800 

FY12 Actual: $4,371,005 

Attachment #1 

Page 11 of 62 

FY13 Budget: $4,150,550 

FY13 YTD Actual: $2,811,019 





Millions 

$16.0 

$14.0 

$12.0 

$10.0 

$8.0 

$6.0 

$4.0 

$2.0 

$0.0 

$10.47 

$10.29 

$9.79 

LOCAL GOVERNMENT ½ CENT SALES TAX 

$10.45 

$10.11 


Budget 


Millions 

$1.20 

$1.00 

$0.80 

$0.60 

$0.40 

$0.20 

October 

November 

December 

January 

February 

March 

April 

May 

$6.36 

FY13 YTD 

Actuals 

June 


$10.82 

FY13 

Projected 

Actuals 

July 

August 

$10.58 

FY14 Est. 

Budget 

September 

Background: 

The Local Government 1/2 Cent 

Sales Tax is based on 9.653% of net 

sales tax proceeds remitted by all 

sales tax dealers located within Leon 

County. Effective July 1, 2004, the 

distribution formula reduces the 


reduction of approximately 9.5%. The 

revenue is split 56.6% County and 

43.4% City based on a statutory 

defined distribution formula (Florida 

Statutes Part VI, Chapter 218). 

The amounts shown are the County’s 

share only. 

Trend: 

Sales tax revenue steadily declined 

from FY09 – FY11, a trend that ended 

in FY12. Projected actuals for FY13 

and FY14 preliminary budget 

forecasts show an increase over the 

FY13 budget signaling a slow 

economic recovery. 

FY12 Budget: $10,173,550 

FY12 Actual: $10,445,949 

Attachment #1 

Page 12 of 62 

FY13 Budget: $10,110,850 

FY13 YTD Actual: $6,357,160 





$6.0 

$5.0 

$4.0 

$3.0 

$2.0 

$1.0 

$0.0 

Millions 

$5.53 

$4.62 

$3.92 

$3.59 

COMMUNICATION SERVICES TAX 

$3.15 


Budget 


$600 

$500 

$400 

$300 

$200 

$100 

$0 

Thousands 

$2.06 

FY13 YTD 

Actual 


$3.51 

FY13 

Projected 

Actuals 

$3.37 

FY14 Est. 

Budget 

Background: 

The Communication Services Tax 

combined 7 different State and local 

taxes or fees by replacing them with 

a 2 tiered tax, each with its own 

rate. These 2 taxes are (1) The 

State Communication Services Tax 

and (2) The Local Option 

Communication Services Tax. The 

County correspondingly eliminated 

its 5% Cable Franchise Fee and 

certain right of way permit fees. 

Becoming a Charter county allowed 

the County to levy at a rate of 

5.22%. This corresponds with the 

rate being levied by the City. The 

County increased the rate in 

February of 2004. 

Trend: 

Beginning in FY09, actual revenues 

began to decrease statewide. This 

trend is expected to hold for FY13 

with small growth over future fiscal 

years. 

In December 2008, the County 

received a $2.5 million audit 

adjustment from the State, 

distributed in the form of a $1.3 

million lump sum payment in 

December of FY09 with the 

remainder prorated in equal 

monthly payments of $33,429 from 

February 2009 until December 

2012. These monthly adjustment 

payments have been contemplated 

in the budget graphs, accounting for 

the higher than expected revenue 

figures in past years. 

FY12 Budget: $3,280,625 

FY12 Actual: $3,594,407 

Attachment #1 

Page 13 of 62 

FY13 Budget: $3,151,150 

FY13 YTD Actual: $2,056,736 





$8.00 

$7.00 

$6.00 

$5.00 

$4.00 

$3.00 

$2.00 

$1.00 

Millions 

$5.91 

$6.23 $6.21 

$7.27 

PUBLIC SERVICES TAX 

$6.57 


Budget 


Thousands 

$800 

$700 

$600 

$500 

$400 

$300 

$200 

$100 

$0 

October 

November 

December 

January 

February 

March 

April 

$3.97 

FY13 YTD 

Actual 

May 

June 

$6.01 

FY13 

Projected 

Actuals 

July 


$5.24 

FY14 Est. 

Budget 

August 

September 

Background: 

The Public Services Tax is a 10% 

tax levied upon each purchase of 

electricity, water, and metered or 

bottled gas within the 

unincorporated areas of the 

County. It is also levied at $.04 

per gallon on the purchase of fuel 

oil within the unincorporated areas 

of the County. 

Trend: 

Due to its consumption basis, this 

tax is subject to many variables 

including rates and usage. 

Revenues have steadily trended 

upward since FY09, however 

recently the City of Tallahassee 

determined it had incorrectly 

overpaid $2.1 million on the 

electric portion of the tax for the 

past three years. As such, future 

year’s revenue projections reflect 

the payback of these revenues 

through withholding over the next 

36 months. As shown in the 

monthly totals the payback began 

in March 2013. 

FY12 Budget: $6,533,150 

FY12 Actual: $7,266,951 

Attachment #1 

Page 14 of 62 

FY13 Budget: $6,568,300 

FY13 YTD Actual: $3,971,222 

FY13 Projected Actual: 6,068,746 




$4.50 

$4.00 

$3.50 

$3.00 

$2.50 

$2.00 

$1.50 

$1.00 

$0.50 

$0.00 

Millions 

$3.80 $3.79 $3.80 $3.86 

STATE SHARED GAS TAX 

$3.72 


Budget 


Thousands 

$375 

$350 

$325 

$300 

$275 

$250 

$225 

$200 

October 

November 

December 

January 

February 

March 

April 

May 

$1.87 

FY13 YTD 

Actuals 

June 


$3.82 

FY13 

Projected 

Actuals 

July 

August 

$3.62 

FY14 Est. 

Budget 

September 

Background: 

The State Shared Gas Tax 

consists of 2 discrete revenue 

streams: County Fuel Tax and the 

Constitutional Gas Tax. These 

revenues are all restricted to 

transportation related expenditures 

(Florida Statutes 206 and others). 

These revenue streams are 

disbursed from the State based on 

a distribution formula consisting of 

county area, population, and 

collection. 

Trend: 

This is a consumption based tax 

on gallons purchased. Prior to 

FY09 there was modest growth in 

this revenue stream. Decreased 

fuel consumption due to the 

recession and high fuel cost has 

caused a moderate decrease in 

gas tax revenue over time. 

In FY13, Leon County is 

anticipating collecting a slightly 

higher amount of gas tax revenues 

than originally budgeted based on 

current revenue received and 

revised highway fuel sales 

estimates from the Transportation 

Revenue Estimating Conference. 

FY14 projects a continued decline 

in this revenue. 

FY12 Budget: $3,691,700 

FY12 Actual: $3,860,907 

Attachment #1 

Page 15 of 62 

FY13 Budget: $3,718,300 

FY13 YTD Actual: $1,870,000 





Millions 

$6.00 

$5.25 

$4.50 

$3.75 

$3.00 

$2.25 

$1.50 

$0.75 

$0.00 

$1.33 

$3.44 

$1.34 

$3.48 

$1.27 

$3.43 

1.39 

3.61 

LOCAL OPTION GAS TAX 

$1.34 

$3.47 


Budget 


$500 

$450 

$400 

$350 

$300 

$250 

$200 

$150 

Thousands 

October 

November 

December 

January 

February 

March 

April 

May 

$0.66 

$1.70 

FY13 YTD 

Actuals 

June 

July 


$1.35 

$3.50 

FY13 

Projected 

Actuals 

August 

9th Cent 

Local 

September 

$1.24 

$3.35 

FY14 Est. 

Budget 

Background: 

9th Cent Gas Tax: This tax was a 

State imposed 1 cent tax on special 

and diesel fuel. Beginning in FY02, 

the County began to levy the amount 

locally on all fuel consumption. 

Local Option Gas Tax: This tax is a 

locally imposed 6 cents per gallon 

tax on every net gallon of motor and 

diesel fuel. Per an inter-local 

agreements, this revenue is shared 

50% - 50% for the first 4 cents 

between the City and County, and 

60% City and 40% County for the 

remaining 2 cents. This equates to 

the County 46% and the City 54%. 

Funds are restricted to transportation 

related expenditures. This gas tax 

will sunset in August 2015. 


County’s share only. 

Trend: 

This is a consumption based tax on 

gallons purchased. Since FY09, fuel 

consumption has fluctuated slightly 

due to unstable gas prices. 

In FY12, Leon County collected a 

slightly higher amount of gas tax 

revenue and anticipates similar 

levels in FY13 and out-years. The 

forecast of gas tax revenues has 

become increasingly uncertain as 

pump prices continue to fluctuate 

throughout the year. 

FY12 Budget: $4,743,350 

FY12 Actual: $5,009,139 

Attachment #1 

Page 16 of 62 

FY13 Budget: $4,807,950 

FY13 YTD Actual: $2,355,122 





5.0 

4.0 

3.0 

2.0 

1.0 

0.0 

Millions 

$3.45 

3.38 

$3.44 

$3.52 

LOCAL OPTION SALES TAX 

$3.39 


Budget 


Thousands 

$400.0 

$350.0 

$300.0 

$250.0 

$200.0 

$150.0 

$100.0 

$50.0 

$0.0 

October 

November 

December 

January 

February 

March 

April 

May 

$2.15 

FY13 YTD 

Actuals 

June 

$3.69 

FY13 

Projected 

Actuals 

July 

August 


September 

$3.59 

FY14 Est. 

Budget 

Background: 

In a November 2000 referendum, 

the sales tax was extended for an 

additional 15 years beginning in 

2004. The revenues are 

distributed at a rate of 10% to the 

County, 10% to the City, and 80% 

to Blueprint 2000. The Local 

Option Sales Tax is a 1 cent sales 

tax on all transactions up to 

$5,000. 


County's share only. 

Trend: 

Leon County anticipates collecting 

a slightly higher amount of local 

sales tax as budgeted in FY13. 

This indicates a recovering 

economy and a return of 

consumer spending. The FY14 

estimated budget continues the 

modest upward trend in expected 

consumer spending. 

FY12 Budget: $3,296,405 

FY12 Actual: $3,520,069 

Attachment #1 

Page 17 of 62 

FY13 Budget: $3,390,740 

FY13 YTD Actual: $2,149,986 





$4.5 

$4.0 

$3.5 

$3.0 

$2.5 

$2.0 

$1.5 

$1.0 

$0.5 

$0.0 

Millions 

$0.72 

$2.45 

0.71 

$2.84 

$0.71 

$2.99 

0.82 

$3.29 

LOCAL OPTION TOURIST TAX 

$0.82 

$3.28 


Budget 


$600 

$500 

$400 

$300 

$200 

$100 

$0 

October 

Thousands 

November 

December 

January 

February 

March 

April 

May 

$0.49 

$1.94 

FY13 YTD 

Actuals 

June 


$0.77 

$3.07 

FY13 

Projected 

Actuals 

July 

August 

$0.82 

$3.28 

FY14 Est. 

Budget 

September 

Background: 

The Local Option Tourist Tax is a 

locally imposed 5% tax levied on 

rentals and leases of less than 6month 

duration. This tax is 

administered locally by the Tax 

Collector. The funds are restricted to 

advertising, public relations, 

promotional programs, visitor 

services and approved special 

events (Florida Statute 125.014). 

This tax dedicates one cent to the 

performing arts center. 

On March 19, 2009, the Board 

approved to increase total taxes 

levied on rentals and leases of less 

than 6-month duration by 1%. The 

total taxes levied are now 5%. The 

additional 1% became effective on 

May 1, 2009. 

The additional 1% will be used for 

marketing as specified in the TDC 

Strategic Plan until October 2013. 

Trend: 

Subsiding recessionary economic 

conditions allowed for an increase in 

tourist tax revenue from FY09 to 

FY12. The additional one cent 

levied in May 2009, along with an 

increase in available rooms, 

increased rates, and an increase in 

the business travelers sector of the 

market contributed to the increase 

over the previous three years, while 

FY13 and FY14 revenues are 

projected to remain flat. 

FY12 Budget: $3,916,850 

FY12 Actual: $4,106,620 

Attachment #1 

Page 18 of 62 

FY13 Budget: $4,100,675 

FY13 YTD Actual: $2,428,964 





Millions 

$12.00 

$10.00 

$8.00 

$6.00 

$4.00 

$2.00 

$0.00 

$1.42 

$7.63 

$1.43 

$7.61 

$1.33 

$7.19 

$1.47 

$6.99 

SOLID WASTE FEES 

$1.46 

$7.37 


Budget 


Thousands 

$175.00 

$150.00 

$125.00 

$100.00 

$75.00 

$50.00 

$25.00 

$0.00 

October 

November 

December 

January 

February 

March 

April 

May 

Disposal 

Landfill - Transfer Station 

$1.36 

$4.18 

FY13 YTD 

Actuals 

June 

July 


$1.52 

$7.36 

FY13 

Projected 

Actuals 

August 

September 

FY14 Est. 

Budget 

Background: 

Solid Waste Fees are collected for 

sorting, reclaiming, disposing of 

solid waste at the County landfill and 

transfer station. Revenues collected 

will be used for the operation of all 

solid waste disposal sites. 

In October 2008, the Board entered 

into a contractual agreement with 

Marpan Recycling. The Solid Waste 

Management Facility is no longer 

accepting Class III waste as of 

January 1, 2009. This contract 

caused a decline in revenues at the 

Solid Waste Management Facility. 

However, expenditures have been 

adjusted to reflect the change in 

operations at the facility. 

Trend: 

The FY13 revenue increase results 

from an increase in the tipping fee, 

effective October 1, 2011. This 

balanced an expected decline in 

FY13 estimated revenues due to 

Wakulla County terminating its 

waste disposal agreement with the 

County in FY12. Currently, Leon 

County is negotiating a tipping fee 

with the City of Tallahassee due to 

reduced hauling rates. As such, the 

FY14 estimated forecast will remain 

unsolidified until the Board adopts a 

fee structure at the July budget 

workshops. 

FY12 Budget: $8,458,990 

FY12 Actual: $8,468,423 

Attachment #1 

Page 19 of 62 

FY13 Budget: $8,831,313 

FY13 YTD Actual: $5,541,725 


FY14 Estimated Budget* 

*Tipping fees are being settled subsequent to 

final negotiations with the City of Tallahassee. 

Note: The Monthly Totals table does not 

include the Disposal Fee revenue as it is 

mainly collected in November and December 

which would skew the data. 



$2.0 

$1.8 

$1.6 

$1.4 

$1.2 

$1.0 

$0.8 

$0.6 

$0.4 

$0.2 

$0.0 

Millions 

$1.22 

$1.27 

$1.05 

$1.32 

BUILDING PERMIT FEES 

$0.96 


Budget 


Thousands 

$250 

$200 

$150 

$100 

$50 

$0 

October 

November 

December 

January 

February 

March 

April 

May 

$0.91 

FY13 YTD 

Actuals 

June 


$1.40 

FY13 

Projected 

Actuals 

July 

August 

$1.20 

FY14 Est. 

Budget 

September 

Background: 

Building Permit Fees are derived 

from developers of residential and 

commercial property and are 

intended to offset the cost of 

inspections to assure that 

development activity meets local, 

State and federal building code 

requirements. The County only 

collects these revenues for 

development occurring in the 

unincorporated area. As a result 

of a fee study, the Board adopted 

the first revised fee study in more 

than ten years. The fee increase 

was implemented in three phases: 

34% on March 1, 2007; 22% on 

October 1, 2007; and a final 7% on 

October 1, 2008. 

Trend: 

Due to the housing market and 

construction beginning to show 

signs of recovery, this revenue 

stream shows projections 

returning to FY09 and FY10 levels. 

A small spike in FY12 revenues 

due to a one month increase in 

fees from multifamily permitting 

shows the slow turn from a 

consistent downward trend. The 

FY13 projected actuals 

contemplate a continued rebound. 

FY12 Budget: $994,175 

FY12 Actual: $1,324,592 

Attachment #1 

Page 20 of 62 

FY13 Budget: $960,925 

FY13 YTD Actual: $911,954 





$1.6 

$1.4 

$1.2 

$1.0 

$0.8 

$0.6 

$0.4 

$0.2 

$0.0 

Millions 

$1.19 

$0.82 $0.80 

$0.55 

ENVIRONMENTAL PERMIT FEES 

$0.61 


Budget 


Thousands 

$120 

$100 

$80 

$60 

$40 

$20 

$0 

October 

November 

December 

January 

February 

March 

April 

May 

$0.44 

FY13 YTD 

Actuals 

June 

$0.75 

FY13 

Projected 

Actuals 

July 


August 

September 

$0.60 

FY14 Est. 

Budget 

Background: 

Environmental Permit Fees are 

derived from development projects 

for compliance with stormwater, 

landscape, tree protection, site 

development and zoning, and 

subdivision regulations. As a result 

of a fee study, the Board adopted a 

revised fee resolution effective 

October 1, 2006. Effective October 

1, 2008, these fees were adjusted 

upward by 20%. 

Trend: 

Environmental Permit Fees have 

experienced a sharp decrease 

correlating with the start of the 

recession in FY08. 

The persistent negative economic 

conditions in the construction 

industry continue to diminish 

revenue collection. To offset this 

decline in revenue, eight positions 

were eliminated in FY10. Recent 

development activity suggests a 

rebound in projected revenue 

collections for FY13. However, 

budgeted revenues are projected to 

remain consistent in FY14. 

FY12 Budget: $956,560 

FY12 Actual: $553,019 

Attachment #1 

Page 21 of 62 

FY13 Budget: $608,095 


FY13 Projected Actual: $750,042 

FY14 Estimated Budget: $598,975 



$11 

$9 

$7 

$5 

$3 

$1 

Millions 

$8.20 

$9.03 $8.89 

10.67 

AMBULANCE FEES 

$8.85 


Budget 


$1.20 

$0.90 

$0.60 

$0.30 

$0.00 

Millions 

October 

November 

December 

January 

February 

March 

April 

May 

$6.40 

FY13 YTD 

Actuals 

June 


$9.20 

FY13 

Projected 

Actuals 

July 

August 

$8.30 

FY14 Est. 

Budget 

September 

Background: 

Leon County initiated its 

ambulance service on January 1 st 

of 2004. Funding for the program 

comes from patient billings and a 

Countywide Municipal Services 

Tax. The amounts shown are the 

patient billings only. 

The EMS system bills patients 

based on the use of an ambulance 

transport to the hospital. As with a 

business, the County has an 

ongoing list of patients/insurers 

that owe the County monies 

(outstanding receivables). In 

FY08, the County established a 

collection policy to pursue 

uncollected bills, and to allow the 

write-off of billings determined 

uncollectible. 

Trend: 

An analysis of collections indicates 

a steady increase since FY09 due 

to rising call volumes and 

improved collection efficiency. 

This steady increase has offset 

the corresponding decline in 

dedicated property taxes that also 

fund ambulance services, resulting 

from the decline in property values 

and an established maximum 

annual millage rate. 

FY12 Budget: $9,167,500 

FY12 Actual: $10,672,122 

Attachment #1 

Page 22 of 62 

FY13 Budget: $8,854,000 

FY13 YTD Actual: $6,396,012 





$1.40 

$1.20 

$1.00 

$0.80 

$0.60 

$0.40 

$0.20 

$0.00 

Millions 

$1.18 

$0.99 

$1.18 

PROBATION AND PRE-TRIAL FEES 

$1.12 

$1.03 


Budget 


Thousands 

$140 

$120 

$100 

$80 

$60 

$40 

$20 

$0 

October 

November 

December 

January 

February 

March 

April 

May 

$0.65 

FY13 YTD 

Actuals 

June 


$1.08 

FY13 

Projected 

Actuals 

July 

August 

September 

$1.02 

FY14 Est. 

Budget 

Background: 

The Probation Fees are a 

combination of County court 

probation fees, alternative 

community service fees, no-show 

fees (all governed by Florida 

Statute 948) and pre-trial release 

fees (governed by an 

Administrative Order). These 

fees are collected from individuals 

committing infractions that fall 

within the jurisdiction of Leon 

County Courts. The amount of 

each individual fee is expressly 

stated in either the Florida Statute 

or the Administrative Order. 

Trend: 

Revenues collected through 

Probation and Pre-Trial fees have 

remained relatively steady since 

FY09. However, FY10 revenues 

were lower than previous years 

due to a decline in Probation and 

Pre-Trial caseloads, associated 

with early termination of 

sentences and a decrease in 

court ordered GPS pre-trial 

tracking. FY13 and FY14 

anticipated revenue is expected 

to decrease slightly as the 

number of judicial fee waivers 

continues. With the creation of an 

on-site urinalysis testing program, 

an increase in the number of 

alcohol testing fees is expected. 

Without the addition of the 

urinalysis program, revenues from 

the existing probation and pre-trial 

programs would see a greater 

decline. 

FY12 Budget: $1,119,005 

FY12 Actual: $1,123,094 

FY13 Budget: $1,027,520 



FY14 Estimated Budget: 

$1,024,385 

Attachment #1 

Page 23 of 62 



$2.0 

$1.8 

$1.6 

$1.4 

$1.2 

$1.0 

$0.8 

$0.6 

$0.4 

$0.2 

$0.0 

Millions 

$0.69 

$1.10 

$1.34 $1.36 $1.36 


Budget 


Thousands 

$180 

$160 

$140 

$120 

$100 

$80 

$60 

$40 

$20 

$0 

COURT FACILITIES FEES 

$0.84 

FY13 YTD 

Actuals 


$1.48 

FY13 

Projected 

Actuals 

$1.38 

FY14 Est. 

Budget 

Background: 

Court Facilities Fees are established 

to fund “state court facilities” as 

defined in Chapter 29, Florida 

Statutes (2009). In FY09 the County 

collected $1.9 million but expended 

more than $11 million on behalf of 

the State Court system. On June 

19, 2009 SB2108 was approved 

permitting counties to change the 

surcharge placed on non-criminal 

traffic infractions from $15 to $30. 

The Board approved the increase in 

surcharges on August 25, 2009. 

Trend: 

In FY09 Court Facilities Fees were in 

a continued decline from previous 

fiscal years. By the first quarter in 

FY10, revenues began to show 

improvement from the approved fee 

increase. As the first two years with 

the approved fee increase, FY11 

and FY12 amounts are used to 

establish the base for moderate 

revenue increases in FY13 and 

FY14. 

FY12 Budget: $1,249,250 

FY12 Actual: $1,362,802 

Attachment #1 

Page 24 of 62 

FY13 Budget: $1,358,500 






Fiscal Year 2013 Adopted Budget 

FY 2012 2013 Mid-Year Annual Performance and and Financial Report 

Attachment #1 

Page 25 of 62 

PROGRAM EXPENDITURE SUMMARY* 

*Reflects expenditures posted to financial system as of 04/25/13 

FY13 FY13 FY13 Budget FY13 Budget 

Fund Org Description Adj. Budget Expenditures $ Balance % Balance Remaining 

Board of County Commisioners 

County Commission 

001 100 County Commission 1,214,235 667,817 546,418 45.00% 

001 101 District 1 9,500 4,029 5,471 57.58% 

001 102 District 2 9,500 920 8,580 90.31% 

001 103 District 3 9,500 210 9,290 97.79% 

001 104 District 4 9,500 3,251 6,249 65.78% 

001 105 District 5 9,500 3,355 6,146 64.69% 

001 106 At Large District 6 9,500 3,182 6,318 66.50% 


001 108 Commissioners Account 24,065 7,021 17,044 70.83% 

Subtotal: 1,304,800 694,749 610,051 46.75% 

County Administration 

Country Administration 

001 110 Country Administration 533,160 295,303 237,857 44.61% 

Strategic Initiatives 

001 115 Strategic Initiatives 820,719 481,138 339,581 41.38% 

Human Resources 

001 160 Human Resources 1,185,071 574,750 610,321 51.50% 

Management Information Systems 

001 171 Management Information Systems 5,258,278 3,272,647 1,985,631 37.76% 

001 421 Geographic Information Services 1,830,088 1,171,948 658,140 35.96% 

Public Safety Complex 

001 411 Public Safety Complex Technology 248,799 2,193 246,606 99.12% 

Subtotal: 9,876,115 5,797,979 4,078,136 41.29% 


001 120 County Attorney 1,813,718 1,024,541 789,177 43.51% 

Subtotal: 1,813,718 1,024,541 789,177 43.51% 

106 400 Support Services 1,069,286 321,057 748,229 69.97% 

106 978 Public Works Chargebacks -675,000 -391,500 (283,500) 42.00% 

106 431 Transportation 4,375,001 1,819,195 2,555,806 58.42% 

106 432 Right-of-Way 2,054,878 1,037,102 1,017,776 49.53% 

123 433 Stormwater Maintenance 2,821,002 1,285,594 1,535,408 54.43% 

106 414 Engineering Services 2,908,875 1,408,533 1,500,342 51.58% 

505 425 Fleet Maintenance 3,460,656 1,412,905 2,047,751 59.17% 

001 216 Mosquito Control 577,067 231,284 345,783 59.92% 

125 214 Mosquito Control Grant 3 

Department of Public Works 

Support Services 

Operations 

Engineering Services 

Fleet Maintenance 

Mosquito Control 

18,500 0 18,500 100.00% 

Parks & Recreation 

140 436 Parks & Recreation 2,464,033 1,017,345 1,446,688 58.71% 

Subtotal: 19,074,298 8,141,515 10,932,783 57.32% 

Department of Development Support & Env. Mgt 

Building Inspection 

120 220 Building Inspection 1,027,174 518,759 508,415 49.50% 

Environmental Compliance 

121 420 Environmental Compliance 1,242,959 677,241 565,718 45.51% 

Development Services 

121 422 Development Services 662,666 322,829 339,837 51.28% 

Permit Compliance 

121 423 Permit Compliance 490,244 234,212 256,032 52.23% 


121 424 Support Services 342,946 169,437 173,509 50.59% 

DEP Storage Tank 

125 866 DEP Storage Tank 153,955 79,311 74,644 48.48% 

Subtotal: 3,919,944 2,001,788 1,918,156 48.93% 

3 



FY 2013 Mid-Year Performance and Financial Report 

Attachment #1 

Page 26 of 62 

Leon County Gove #NAME? 





Department of Facilities Management 

Facilities Management 

001 150 Facilities Management 7,241,753 3,442,197 3,799,556 52.47% 

Real Estate Management 

001 156 Real Estate management 217,248 122,674 94,574 43.53% 

Bank of America 

165 154 Bank of America 791,285 306,622 484,663 61.25% 

Huntington Oaks Plaza Operating 

166 155 Huntington Oaks Plaza Operating 92,775 40,591 52,184 56.25% 


001 410 Public Safety Complex 824,639 6,462 818,177 99.22% 

Subtotal: 9,167,700 3,918,546 5,249,154 57.26% 

001 402 Capital Regional Transportation Planning Agency 217,646 119,315 98,331 45.18% 

001 403 Blueprint 2000 1 

Department of PLACE 

Capital Regional Transportation Planning Agency 

Blueprint 2000 

61,082 32,873 28,209 46.18% 

Planning Department 

001 817 Planning Department 991,471 330,306 661,165 66.69% 

Subtotal: 1,270,199 482,494 787,705 62.01% 



001 130 Office of Management and Budget 576,090 320,325 255,765 44.40% 

Purchasing 

001 140 Procurement 230,626 120,034 110,592 47.95% 

001 141 Warehouse 123,144 50,375 72,769 59.09% 

001 142 Property Control 47,026 26,530 20,496 43.58% 

Risk Management 

501 132 Risk Management 229,490 115,487 114,003 49.68% 

501 821 Workers Compensation Management / Insurance 2,763,400 2,038,294 725,106 26.24% 

Subtotal: 3,969,776 2,671,046 1,298,730 32.72% 

Office of Economic Development & Business Partnerships 

Tourist Development 

160 301 Administration 524,999 257,931 267,068 50.87% 

160 302 Advertising 912,500 378,437 534,063 58.53% 

160 303 Marketing 1,086,160 494,527 591,633 54.47% 

160 304 Special Projects 150,000 29,168 120,832 80.55% 

160 305 1 Cent Expenditures 5,162,282 263,708 4,898,574 94.89% 

Econ. Dev. / Intergovernmental Affairs 

001 114 Econ. Dev. / Intergovernmental Affairs 508,483 333,041 175,442 34.50% 

M/W Small Business Enterprise 

001 112 M/W Small Business Enterprise 231,804 99,264 132,540 57.18% 

Subtotal: 8,576,228 1,856,076 6,720,152 78.36% 

Office of Public Services 

Library Services 

001 240 Policy, Planning & OPS 889,927 404,585 485,342 54.54% 

001 241 Public Library Services 2,482,313 1,190,592 1,291,721 52.04% 

001 242 Collection Services 814,986 414,167 400,819 49.18% 

001 243 Extension Services 2,332,415 1,210,851 1,121,564 48.09% 

Emergency Medical Services 

135 185 Emergency Medical Services 13,626,037 7,472,078 6,153,959 45.16% 

Animal Services 

140 201 Animal Services 1,935,688 486,233 1,449,455 74.88% 

Subtotal: 22,081,366 11,178,506 10,902,860 49.38% 




Attachment #1 

Page 27 of 62 





Office of Intervention & Detention Alternative 

County Probation 

111 542 County Probation Division 1,075,635 560,456 515,179 47.90% 

Supervised Pretrial Release 

111 544 Pretrial Release 972,498 485,013 487,485 50.13% 

Drug & Alcohol Testing 

111 599 Drug and Alcohol Testing 139,686 81,422 58,264 41.71% 

FDLE JAG Grant Pretrial 

125 982058 FDLE JAG Grant Pretrial 119,740 76,089 43,651 36.46% 

Subtotal: 2,307,559 1,202,980 1,104,579 47.87% 


Office of Human Services & Community Partnerships 

Veteran Services 

001 390 Veteran Services 307,116 144,096 163,020 53.08% 

Volunteer Center 

001 113 Volunteer Center 161,077 71,534 89,543 55.59% 

Housing Services 

001 371 Housing Services 425,176 210,126 215,050 50.58% 

161 808 Housing Finance Authority 230,495 0 230,495 100.00% 

Health & Human Services 

001 370 Social Service Programs 5,963,579 1,824,409 4,139,170 69.41% 

Health Department 

001 190 Health Department 237,345 59,336 178,009 75.00% 

Primary Health Care 

001 971 Primary Health Care 1,830,738 765,224 1,065,514 58.20% 

SHIP 2011-2014 

124 932043 SHIP 2011-2014 144,581 7,275 137,306 94.97% 

Subtotal: 9,300,107 3,082,001 6,218,107 66.86% 

Office of Resource Stewardship 

Cooperative Extension 

001 361 Extension Education 520,297 245,333 274,964 52.85% 

Office of Sustainability 

001 127 Office of Sustainability 274,154 116,305 157,849 57.58% 

Solid Waste 

401 435 Landfill Closure 546,483 0 546,483 100.00% 

401 437 Rural Waste Collection Centers 878,398 431,710 446,688 50.85% 

401 441 Transfer Station Operations 6,053,235 3,451,961 2,601,274 42.97% 

401 442 Landfill 2,083,622 1,009,977 1,073,645 51.53% 

401 443 Hazardous Waste 560,457 361,611 198,846 35.48% 

401 471 Residential Drop Off Recycling 293,670 100,272 193,398 65.86% 

Subtotal: 11,210,316 5,717,169 5,493,147 49.00% 

110 537 Circuit Court Fees 439,981 183,325 256,656 58.33% 

001 132 Clerk Finance 1,403,766 584,903 818,864 58.33% 

001 512 Property Appraiser 4,326,795 3,247,394 1,079,401 24.95% 

110 510 Law Enforcement 31,330,378 20,886,919 10,443,459 33.33% 

110 511 Corrections 29,952,612 19,968,408 9,984,204 33.33% 

125 864 Emergency Management 3 

Constitutional Officers 

121,155 0 121,155 100.00% 

130 180 Enhanced 911 1,656,447 720,291 936,156 56.52% 

2 

Clerk of the Circuit Court 

Property Appraiser 

Sheriff 

060 520 Voter Registration 1,834,949 939,560 895,389 48.80% 

060 521 Elections 1,200,855 952,371 248,484 20.69% 

060 525 SOE Grants 3 

Supervisor of Elections 

53,801 53,801 0 0.00% 








Tax Collector 

001 513 General Fund Property Tax Commissions 4,278,000 4,008,781 269,219 6.29% 

145 513 Fire Service Fee 18,447 16,926 1,521 8.24% 

123 513 Stormwater Utility Non Ad-Valorem 133,797 0 133,797 100.00% 

135 513 Emergency Medical Services MSTU 33,080 23,380 9,700 29.32% 

162 513 Special Assessment Paving 6,400 4,202 2,198 34.35% 

164 513 Sewer Services Killearn Lakes I and II 5,000 4,165 835 16.70% 

401 513 Landfill Non-Ad Valorem 30,748 24,562 6,186 20.12% 

Subtotal: 76,826,211 51,618,988 25,207,223 32.81% 

Judicial Officers 

Court Administration 

001 540 Court Administration 280,703 86,879 193,824 69.05% 

001 547 Guardian Ad Litem 20,006 9,565 10,441 52.19% 

110 532 State Attorney 106,945 74,114 32,831 30.70% 

110 533 Public Defender 130,450 21,572 108,878 83.46% 

110 555 Legal Aid 124,297 60,792 63,505 51.09% 

114 586 Teen Court 133,751 81,894 51,857 38.77% 

117 509 Alternative Juvenile Program 77,136 40,005 37,131 48.14% 

117 546 Law Library 52,203 8,774 43,430 83.19% 

117 548 Judicial/Article V Local Requirements 74,562 74,562 0 0.00% 

117 555 Legal Aid 52,203 38,500 13,703 26.25% 

Subtotal: 1,052,256 496,657 555,599 52.80% 

Non-Operating 

Line Item Funding 

001 888 Line Item Funding 1,076,059 804,381 271,678 25.25% 

160 888 Council on Culture and Arts Regranting 504,500 504,500 0 0.00% 

City of Tallahassee 

140 838 City Payment, Tallahassee (Parks & Recreation) 1,122,249 539,145 583,104 51.96% 

145 838 City Payment, Tallahassee (Fire Fees) 5,879,213 0 5,879,213 100.00% 

164 838 City Payment, Tallahassee (Killearn Lakes Sewer) 232,500 0 232,500 100.00% 

Other Non-Operating 

001 278 Summer Youth Employment 74,265 21 74,244 99.97% 

001 379 Youth Sports Teams 4,750 500 4,250 89.47% 

001 820 Insurance Audit, and Other Expenses 866,481 562,460 304,021 35.09% 

001 831 Tax Deed Applications 62,500 0 62,500 100.00% 

110 508 Diversionary Program 200,000 104,605 95,395 47.70% 

110 620 Juvenile Detention Payment - State 1,250,000 754,307 495,693 39.66% 

116 800 Drug Abuse 51,940 40,028 11,912 22.93% 

140 843 Volunteer Fire Department 512,479 304,842 207,637 40.52% 

131 529 800 MHZ System Maintenance 1,057,250 946,810 110,440 10.45% 

502 900 Communications Control 481,695 276,303 205,392 42.64% 

001 972 CRA-TIF PAYMENT 1,384,507 1,334,305 50,202 3.63% 

Interdepartmental Billing 

Countywide Automation 210,321 0 210,321 100.00% 

Indirects (Internal Cost Allocations) -5,766,235 -5,766,235 0 0.00% 

Risk Allocations 1,130,302 750,209 380,093 33.63% 

Subtotal: 10,334,776 1,156,181 9,178,595 88.81% 

Total Operating 

Total Non-Operating 

Total CIP 

Operating Grants 

Non Operating Grants 

Total Debt Service 

Total Reserves 

TOTAL NET EXPENDITURES: 

181,813,861 100,063,262 81,750,599 44.96% 

16,101,011 6,915,507 9,185,504 57.05% 

87,939,423 17,652,767 70,286,656 79.93% 

491,992 140,387 351,605 71.47% 

11,711,009 2,807,599 8,903,410 76.03% 

40,356,135 15,011,976 25,344,159 62.80% 

9,997,390 0 9,997,390 100.00% 

348,410,821 142,591,499 205,819,322 

Attachment #1 

Page 28 of 62 

Notes: 

1. The Public Safety Complex budget was established to fund the salary and benefits and for maintenance, repair and information systems costs . Total expenses are shared 

with the City of Tallahassee 

2. Expenses reflect budgted transfers to the Consititutional Officers and do not reflect excess fees or unexpended funds returned to the Board as revenue, as required by the 

Florida Statutes. 

3. Operating Grants include Mosquito Control, DEP Storage Tank, SHIP, Emergency Management and Elections. 

59.07% 




FY11 FY12 FY13 FY13 Fund Bal. as % 

Org Fund Title Actual Actual Est. Bal. (A) Adopted Bud of Budget (B) 

General & Fine and Forfeiture Funds * 

001 General Fund 17,869,005 32,260,401 27,380,660 55,030,468 50% 

110 Fine and Forfeiture Fund 13,864,143 2,771,245 2,562,834 64,002,160 4% 

Special Revenue Funds 

Subtotal: 31,733,147 35,031,646 29,943,495 119,032,628 25% 

106 County Transportation Trust Fund 6,581,610 4,573,264 5,299,096 13,340,496 40% 

111 Probation Services Fund 1,049,059 805,929 985,649 2,633,554 37% 

114 Teen Court Fund 153,277 160,385 163,043 143,470 114% 

116 Drug Abuse Trust Fund (C) 31,465 10,836 3,495 47,770 7% 

117 Judicial Programs Fund 197,711 7,804 0 263,584 0% 

120 Building Inspection Fund (D) 461,848 726,101 846,305 1,200,631 70% 

121 Development Support Fund (D) 993,612 947,700 951,519 3,202,482 30% 

122 Mosquito Control Fund (E) 867,629 N/A N/A N/A N/A 

123 Stormwater Utility Fund 2,371,441 870,700 1,026,258 5,106,249 20% 

124 Ship Trust Fund 60 181 0 0 N/A 

125 Grants 235,925 194,169 253,389 616,543 41% 

125 Capacity Fees (F) 1,421,785 1,399,517 0 0 N/A 

126 Non-Countywide General Revenue Fund (G) 5,339,665 4,051,182 5,277,048 18,142,911 29% 

127 Grants (H) 133,482 172,681 189,378 60,000 N/A 

130 911 Emergency Communications Fund 497,865 498,046 672,849 1,170,400 57% 

131 Radio Communications Systems Fund (I) 996,376 576,864 148,458 1,065,791 14% 

135 Emergency Medical Services Fund (J) 6,576,061 8,850,568 7,875,381 16,276,284 48% 

140 Municipal Service Fund 3,651,748 2,837,041 1,728,641 6,616,465 26% 

145 Fire Services Fund 847,864 461,994 301,912 6,394,772 5% 

160 Tourist Development Fund (1st - 3rd & 5th Cent) (J) 987,699 1,588,471 1,409,849 3,215,785 44% 

160 Tourist Development Fund - 4th Cent (K) 4,094,990 4,094,990 3,522,861 783,750 449% 

161 Housing Finance Authority Fund (L) 870,900 896,829 707,197 30,495 2319% 

162 Special Assessment Paving Fund 603,459 1,140,261 1,269,929 332,460 382% 

164 Killearn Lakes Units I and II Sewer Fund 29,365 3,025 3,025 237,500 1% 

165 Bank of America Building Op. Fund 2,914,032 2,599,522 2,688,675 2,319,458 116% 

166 Huntington Oaks Plaza Fund 261,146 489,477 469,937 251,791 187% 

Debt Service Funds 

SUMMARY OF FUND BALANCE & RETAINED EARNINGS (unaudited) 

* The combined fund balances for the general and fine and forfeiture funds fall within the allowable range of the County Reserve Policy, which 

requires a minimum of 15% and a maximum of 30% reserve. 

Subtotal: 42,170,073 37,957,536 35,793,895 83,452,641 43% 

211 Debt Service - Series 2003 A&B 19,494 20,016 17,216 954,880 

216 Debt Service - Series 1998B 141,987 142,788 142,788 2,830,195 

220 Debt Service - Series 2004 126,575 126,836 126,836 5,098,019 

Subtotal: 288,056 289,641 286,841 8,883,094 

Attachment #1 

Page 29 of 62 







Capital Projects Funds 

305 Capital Improvements Fund (M) 45,905,556 44,952,099 14,928,168 

306 Gas Tax Transportation Fund 2,344,364 2,759,818 370,294 

308 Local Option Sales Tax Fund (N) 26,154,707 24,487,497 3,999,669 

309 Local Option Sales Tax Extension Fund 7,748,941 8,123,268 2,927,561 

311 Construction Series 2003 A&B Fund 362,124 159,818 6,493 

318 1999 Bond Construction Fund 544,727 514,702 17,769 

320 Construction Series 2005 819,954 836,491 15,110 

321 Energy Savings Contract ESCO Capital Fund 29,535 19,961 20,193 

330 911 Capital Projects Fund 2,166,934 2,298,982 1,717,444 

341 Countywide Road District Fund - Impact Fee 1,992,830 2,029,339 308,945 

343 NW Urban Collector Fund - Impact Fee 468,636 437,226 64,140 

344 SE Urban Collector Fund - Impact Fee 869,062 493,100 109,617 

Enterprise Funds 

Subtotal: 89,407,370 87,112,300 24,485,402 

401 Solid Waste Fund (O) 6,998,573 6,116,122 4,888,044 

Internal Service Funds 

Subtotal: 6,998,573 6,116,122 4,888,044 

501 Insurance Service Fund 7,494,505 2,234,940 2,179,328 

502 Communications Trust Fund 43,712 53,359 0 

505 Motor Pool Fund (5,075) 15,242 0 

Subtotal: 7,533,142 2,303,541 2,179,328 

TOTAL: 178,130,361 168,810,786 97,577,004 

Attachment #1 

Page 30 of 62 

In addition to funding for budgeted 

capital projects, the balances for 

funds 305 and 308 reflect capital 

reserves budgeted during FY11 as 

"sinking funds" for maintaining 

existing County infrastructure. 

Balances committed for specific 

capital projects not completed during 

the fiscal year will be carried forward 

into the FY12 budget unless 

otherwise noted. 

Notes: 

A. Balances are estimated as year ending for FY 2013. 

B. FY 2013 percentage estimates are only provided for General and Special Revenue funds. Capital Projects, Enterprise and Internal Service funds maintain differing levels of 

balances depending upon on-going capital project requirements and other audit requirements. The percentages for the other funds are intended to show compliance with the 

County's policy for maintaining sufficient balances. 

C. The reduction in fund balance is due to the decline in revenue from this program associated with fee waivers. The Court Administration is currently reviewing the program 

to see how it can be funded within the existing revenue stream. 

D. The increase in the Building fund balance and the leveling of the Development Support fund balance is reflective of an increase in building and development permitting. 

E. Fund 122 was closed in FY12 and realigned under fund 001 due to the majority of funding coming from general revenue. The existing fund balance in fund 122 was 

transferred to the general fund at that time. 

F. The fund balance reflects the portion of the grant fund that relates to the collection of fees that are not truly grants but need to be placed in a discrete funding account such 

as the concurrency capacity payments. These funds are budgeted within the budget cycle. 

G. Non countywide general revenue includes state shared and 1/2 cent sales tax. This fund is used to account for non countywide general revenue sources. Funds are not 

expended directly from the fund, but are transferred to funds that provide non countywide services. 

H. This fund is used to separate grants that are interest bearing grants. 

I. The Radio Communications Systems Fund is used to account for the digital radio system. These funds were previously reflected in Fund 331. 

J. The Emergency Medical Services (EMS) fund balance reflects a decline in the receipt of ambulance fee billings. 

K. The Tourist Development Tax is reflected in two separate fund balances: the first three cents supports the Tourist Development Council activities and the fourth cent is 

dedicated towards the Performing Arts Center. The Board approved the levying of a 5th cent effective May 1, 2009. The reduction in the Performing Arts fund balance reflects 

funds transferred to Blueprint 2000 for the construction of the outdoor amphitheater in Cascades Park. 

L. The fund balance reflects a gain from investments through previous bond issues. 

M. The fund balance reflects the remaining capital reserves budgeted during FY 2013 as a "sinking fund" for maintaining existing County infrastructure for the next five years. 

N. The fund balance reflects the remaining capital reserves budgeted during FY 2013 as a "sinking fund" for maintaining existing infrastructure associated with the initial local 

option tax. These reserves are projected to be depleted by FY15. 

O. Amount reflected in unrestricted retained earnings. The decline was anticipated due to the budgeting of $1.6 million in fund balance to cover operating expenditures in FY 

2013. 




CAPITAL IMPROVEMENT PROGRAM SUMMARY 

# of % of CIP Adjusted YTD % of Budget Project 

Project Service Types Projects Budget Budget Activity Committed Balance 

Culture and Recreation 22 10.8% 9,475,368 1,777,993 18.8% 7,697,375 

General Government 35 10.8% 9,526,676 2,774,271 29.1% 6,752,405 

Attachment #1 

Page 31 of 62 

Health and Safety 6 21.8% 19,202,370 6,796,084 35.4% 12,406,286 

Physical Environment 31 21.3% 18,764,645 1,688,009 9.0% 17,076,636 

Transportation 22 35.2% 30,970,364 4,616,410 14.9% 26,353,954 

TOTAL 116 100% $87,939,423 $17,652,767 20.1% $70,286,656 

Notes: This Capital Improvement Program Summary reflects the adjusted budget and year to date activity from October 1, 2012 to April 

25, 2013. 




Adjusted YTD % of Budget Project 

Project # Project Description Budget Activity Expended Balance 

045001 Apalachee Parkway Regional Park 819,693 

046008 Athletic Field Lighting 22,866 

085001 Eastside Library 60,000 

042005 Fort Braden Community Park 75,000 

082003 Fort Braden Renovations 28,000 

043007 Fred George Park 1,189,873 

046009 Greenways Capital Maintenance 165,087 

083001 Lake Jackson Branch Library 1,242,868 

076011 Library Services Technology 42,000 

086053 Main Library Improvements 166,278 

044002 Miccosukee Community Park 709,929 

044003 Miccosukee Greenways 533,166 

044001 Northeast Community Park 398,000 

046007 New Vehicles and Equipment 258,198 

043008 Okeeheepkee Prairie Park 802,554 

046001 Parks Capital Maintenance 513,926 

045007 Pedrick Road Pond Walking Trail 204,104 

046006 Playground Equipment Replacement 276,111 

047001 St. Marks Headwaters 1,709,538 

043010 Stoneler Road Park 175,000 

043003 Tower Road Park 33,177 

041002 Woodville Community Park 50,000 

TOTAL CULTURE AND RECREATION 

9,475,368 

086011 Architectural & Engineering Services 86,196 

086025 BOA Building Acquisition/Renovations 2,053,984 

086054 Centralized Storage Facility 131,258 

086017 Common Area Furnishings 25,000 

086062 Community Services Building Roof Replacement 60,000 

086024 Courthouse Repairs 1,136,225 

086016 Courthouse Security 20,000 

086007 Courtroom Minor Renovations 178,854 

076023 Courtroom Technology 100,000 

076003 Data Wiring 25,000 

076004 Digital Phone System 150,000 

076063 E-filing System for Court Documents 138,200 

096015 Election Equipment 1,446,161 

076048 Electronic Timesheets 4,801 

086037 Elevator Generator Upgrades 632,250 

076008 File Server Maintenance 262,283 

076001 Financial Hardware and Software 29,119 

076055 GEM Technology 14,616 

086057 General County Maintenance and Minor Renovations 85,000 

026003 General Vehicle & Equipment Replacement 322,490 

083002 Huntington Oaks Plaza Building Improvements 429,033 

096019 Local Economic Stimulus Program 355,600 

076064 MIS Data Center/ Elevator Halon System 70,000 

076044 MIS Disaster Recovery 250,000 

076018 Network Backbone Upgrade 80,000 

086033 Parking Lot Maintenance 261,218 

076045 Property Appraiser Technology 178,167 

076051 Public Defender Technology 30,000 

076061 Records Management 205,584 

086041 Reduction of Emissions/Energy Improvements 238,792 

076047 State Attorney Technology 30,000 

076005 Supervisor of Elections Technology 25,000 

076024 User Computer Upgrades 448,123 

076042 Work Order Management 23,722 

TOTAL GENERAL GOVERNMENT 

CULTURE AND RECREATION 

GENERAL GOVERNMENT 

9,526,676 

175,007 

21.4% 644,686 

- 

0.0% 22,866 

8,690 

14.5% 51,310 

842 

1.1% 74,158 

23,975 

85.6% 4,025 

20,293 

1.7% 1,169,580 

91,443 

55.4% 73,644 

727,395 

58.5% 515,473 

4,624 

11.0% 37,376 

10,953 

6.6% 155,325 

18,232 

2.6% 691,697 

56,423 

10.6% 476,743 

338,000 

84.9% 60,000 

169,307 

65.6% 88,891 

35,588 

4.4% 766,966 

83,509 

16.2% 430,417 

- 

0.0% 204,104 

- 

0.0% 276,111 

- 

0.0% 1,709,538 

13,711 

7.8% 161,289 

- 

0.0% 33,177 

- 

0.0% 50,000 

$1,777,993 18.8% $7,697,375 

51,752 

1,160,777 

34,485 

719 

6,609 

153,923 

- 

3,836 

4,549 

2,334 

145,478 

- 

- 

2,727 

46,032 

200,744 

2,156 

- 

13,954 

163,902 

249,754 

- 

- 

- 

60,361 

- 

88,760 

16,089 

53,000 

65,321 

- 

11,423 

233,769 

1,819 

2,774,271 

Attachment #1 

Page 32 of 62 

60.0% 34,444 

56.5% 893,207 

26.3% 96,773 

2.9% 24,281 

11.0% 53,391 

13.5% 982,302 

0.0% 20,000 

2.1% 175,018 

4.5% 95,451 

9.3% 22,666 

97.0% 4,522 

0.0% 138,200 

0.0% 1,446,161 

56.8% 2,074 

7.3% 586,218 

76.5% 61,540 

7.4% 26,963 

0.0% 14,616 

16.4% 71,046 

50.8% 158,588 

58.2% 179,279 

0.0% 355,600 

0.0% 70,000 

0.0% 250,000 

75.5% 19,639 

0.0% 261,218 

49.8% 89,407 

53.6% 13,911 

25.8% 152,584 

27.4% 173,471 

0.0% 30,000 

45.7% 13,577 

52.2% 214,354 

7.7% 21,903 

29.1% $6,752,405 






096008 Emergency Medical Services Facility 4,211,548 

076058 Emergency Medical Services Technology 54,570 

026014 EMS Vehicle & Equipment Replacement 860,500 

086031 Jail Roof Replacement 3,570,996 

096016 Public Safety Complex 10,453,095 

096002 Volunteer Fire Departments 51,661 

TOTAL HEALTH AND SAFETY 

067002 BP 2000 Water Quality Enhancements 1,064,136 

2,092,107 

31,520 

81,107 

12,618 

4,578,733 

- 

49.7% 2,119,441 

57.8% 23,050 

9.43% 779,393 

0.4% 3,558,379 

43.8% 5,874,362 

0.0% 51,661 

$19,202,370 $6,796,084 35.4% $12,406,286 

193,987 

18.2% 870,149 

064005 Bradfordville Pond 4 Outfall Stabilization 764,399 53,792 7.0% 710,607 

064004 Bradfordville Pond 6 Rehabilitation 59,762 9,720 16.3% 50,042 

065003 Brushy Creek Road Stormwater Control 43,999 37,776 85.9% 6,223 

066001 CARDS: Stormwater Program Startup 17,708 0 0.0% 17,708 

076009 Geographic Information Systems 293,029 217,843 74.3% 75,186 

062005 Gum Road Target Planning Area 2,150,204 

- 

0.0% 2,150,204 

036036 Hooklift Recycling Container Replacement 36,000 0 0.0% 36,000 

036034 Household Hazard Waste Loading Ramp 26,850 12,809 47.7% 14,042 

064001 Killearn Acres Flood Mitigation 835,582 381,573 45.7% 454,009 

064006 Killearn Lakes Stormwater 734,796 35,433 4.8% 699,363 

065001 Lafayette Street Stormwater 3,545,640 43,613 1.2% 3,502,027 

062001 Lake Munson Restoration 268,306 

062002 Lakeview Bridge 763,701 

- 

2,599 

0.0% 268,306 

0.3% 761,102 

036002 Landfill Improvements 149,857 40,167 26.8% 109,690 

063005 Lexington Pond Retrofit 4,903,782 73,229 

062004 Longwood Subdivision Retrofit 223,680 

076015 Permit & Enforcement Tracking System 319,562 

036035 Recylcing Building Circulation Fan 16,500 

036032 Remedial Action Plan 307,171 

036033 Rural/Hazardous Waste Vehicle and Equipment Replacement 72,000 

- 

57,436 

036003 Solid Waste Heavy Equipment/Vehicle Replacement 88,127 36,796 

036030 Solid Waste Learning Center 105,000 - 

036028 Solid Waste Master Plan 100,000 

036031 Solid Waste Trolley 45,000 

066026 Stormwater Filter Replacement 179,754 

066003 Stormwater Structure Inventory and Mapping 632,514 

026004 Stormwater Vehicle & Equipment Replacement 342,500 

066004 TMDL Compliance Activities 50,000 

036010 Transfer Station Heavy Equipment 410,829 

036023 Transfer Station Improvements 214,257 

TOTAL PHYSICAL ENVIRONMENT 

HEALTH AND SAFETY 

Physical Environment 

18,764,645 

- 

- 

- 

- 

- 

92,790 

- 

330,118 

- 

- 

68,328 

1,688,009 

Attachment #1 

Page 33 of 62 

1.5% 4,830,553 

0.0% 223,680 

18.0% 262,126 

0.0% 16,500 

0.0% 307,171 

0.0% 72,000 

41.8% 51,331 

0.0% 105,000 

0.0% 100,000 

0.0% 45,000 

51.6% 86,964 

0.0% 632,514 

96.4% 12,382 

0.0% 50,000 

0.0% 410,829 

31.9% 145,929 

9.0% $17,076,636 






057916 2/3 Program - Terre Bonne 97,479 

026015 Arterial/Collector Roads Pavement Markings 154,296 

056001 Arterial/Collector Resurfacing 6,520,038 

054003 Bannerman Road 1,005,759 

054010 Beech Ridge Trail Extension 833,513 

055001 Buck Lake Road 50,000 

057900 CARDS Transportation Program: Start Up Costs 5,000 

056005 Community Safety & Mobility 1,427,093 

026010 Fleet Management Shop Equipment 80,413 

056007 Florida DOT Permitting Fees 50,000 

057001 Intersection and Safety Improvements 7,417,515 

055005 Lafayette Street Construction 386,735 

057005 Local Road Resurfacing 268,454 

051006 Natural Bridge Road 45,425 

053003 North Monroe Turn Lane 2,743,926 

026006 Open Graded Cold Mix Stabilization 1,351,989 

056011 Public Works Design & Engineering Services 60,000 

026005 Public Works Vehicle & Equipment Replacement 983,779 

053002 Pullen Road at Old Bainbridge Road 1,217,676 

051007 Springhill Road Bridge 259,097 

053005 Talpeco Road & Highway 27 North 281,580 

056010 Transportation and Stormwater Improvements 5,730,597 

TOTAL TRANSPORTATION 

TRANSPORTATION 

97,479 

44,599 

1,813,408 

204,425 

525 

3,718 

2,617 

29,068 

13,611 

- 

368,321 

274,368 

12,262 

- 

13,418 

700,347 

16,358 

336,230 

2,475 

63,693 

11,620 

607,869 

Attachment #1 

Page 34 of 62 

100.0% - 

28.9% 109,697 

27.8% 4,706,630 

20.3% 801,334 

0.1% 832,988 

7.4% 46,282 

52.3% 2,383 

2.0% 1,398,025 

16.9% 66,802 

0.0% 50,000 

5.0% 7,049,194 

70.9% 112,367 

4.6% 256,192 

0.0% 45,425 

0.5% 2,730,508 

51.8% 651,642 

27.3% 43,642 

34.2% 647,549 

0.2% 1,215,201 

24.6% 195,404 

4.1% 269,960 

10.6% 5,122,728 

$30,970,364 $4,616,410 14.9% $26,353,954 





The County utilizes grants to fund a number of programs and activities in Leon County. As reflected in the table below, the County is 

currently administering approximately $11.7 million in grant funding. As grants often cross multiple fiscal years, it is not uncommon to see 

the actual expenditures for a fiscal year less than the total funding available. All balances are carried into the subsequent fiscal year 

consistent with any grant award requirements. 

Most grants are authorized by the Board of County Commissioners and placed within one of two funds (Reimbursement Grants or 

Interest Bearing Grants). While placed in a Grants Fund, a program budget can be a federal or state authorization, a contractual 

arrangement between two governing bodies, a contract between the County and a non-governmental entity, a method to keep a specific 

revenue source separate from operating budgets, or a pure grant award. 

Six programs are anticipated as part of the regular budget process: Mosquito Control, the Pollutant Storage Tank Program, Law 

Enforcement JAG Grant, Law Enforcement Block Grant, the Department of Health Emergency Medical Grant, and the Emergency 

Management Base Grant. These grant funds are administered within various County department operating budgets, and are reported in 

the expenditure section of the mid-year report. 

The Grants Program is cooperatively monitored by department program managers, the Grants Coordinator, the Office of Management 

and Budget (OMB), and the Clerk's Finance Division. The Grant Coordinator monitors all aspects of these grants, particularly block 

grants. Program Managers in conjunction with the Grants Coordinator often pursue grants independently and administer grants 

throughout the year. OMB and the Clerk's Finance Division monitor overall expenditures and revenues as well as coordinate the yearend 

close-out and carry forward processes with all grant funded programs. 

Budget by Administering Department 

% of Total FY13 FY13 

Department Balance 

Grants Budget Expended 

Dev. Sup. & Environmental Management 0.02% 2,408 

Facilities Management 0.01% 750 

Public Services 4.99% 583,993 

Human Services and Community Partnerships 4.90% 573,833 

Resource Stewardship 1.31% 152,973 

Public Works 74.90% 8,771,821 

Intervention & Detention Alternatives 2.57% 300,954 

Constitutional - Sheriff 9.46% 1,108,276 

Miscellaneous 1.84% 216,001 

TOTAL: 100% 11,711,009 

- 

- 

74,816 

103,163 

27,209 

2,332,491 

193,831 

76,089 

- 

2,807,599 

Attachment #1 

Page 35 of 62 

2,408 

750 

509,177 

470,670 

125,764 

6,439,330 

8,577,990 

1,032,187 

216,001 

8,903,410 




Org Grant/Program Description/Purpose Budget Spent % Unspent 

Development Support & Environment Management 

934013* Wildlife Preservation Payment for the planting of trees which can not be practically planted on 

development sites - used to fund animal rehabilitation agencies 

Subtotal: 2,408 


915058 Community Foundation of North Florida Donation providing for the annual placement of a wreath at the WWII Memorial 750 

Public Services 


Subtotal: 750 

961033* DOH-EMS Match M0004 Funds to provide CPR training to citizens in Leon County 1,911 

961034* DOH-EMS Match M0005 Funds to provide Operational Surveillance Software 41,770 

961042* DOH-EMS Match M1071 Funds to provide training and education for AEDs 34,320 

961043* DOH-EMS Match M1072 Funds to provide CPR kits for traning Leon county citizens in CPR 21,055 

961045* DOH-EMS Equipment Funds to provide training equipment for Paramedics and EMTs 60,000 


912013 E-Rate Federal Communications Commission funding for the purchase of Internet 

access computers and related charges 

56,556 

913023 Patron Donations Individual patron donations designated for particular use within the library system 60,887 

913032 Friends-Main Library Tribute Annual donation in support the Library 16,915 

913045 Friends-Literacy Annual donation in support of basic literacy 32,401 

913082* Ralph Cook Trust A specific patron donation earmarked for the Library 23,390 

913115* Friends (2005 Trust) Endowment funds from Friends of the Leon County Library, a 501(c)(3) support 

organization 

913200* Van Brunt Library Trust 

Grants Program Summary 

*Denotes Interest Bearing Grant 

Proceeds from the Caroline Van Brunt estate dedicated to the Library 

FY13 

2,408 - 100.00% 

57,547 

177,241 


- 

- 

- 

1,629 

- 

300 

12,578 

49,526 

- 

5,814 

- 

4,711 

- 

258 

- 

74,816 

Attachment #1 

Page 36 of 62 

100.00% 

100.00% 

100.00% 

14.76% 

100.00% 

99.13% 

40.26% 

17.46% 

100.00% 

90.45% 

100.00% 

85.46% 

100.00% 

99.55% 

100.00% 


87.19%






Human Services and Community Partnerships 


933015 


Closing The Gap Funds to promote coordinated efforts to reduce and eliminate racial and ethnic 

health disparities 

932014 Housing Services Home Expo 

Funds to provide home maintenance education for all housing rehabilitation 

clients through Leon County Housing Department's Home Expo workshops 

932015 Florida Hardest Hit Program Funding to provide foreclosure prevention assistance to program eligible 

residents 

20,803 

932035 CDBG Emergency Housing Grant Funding to assist in housing rehabilitation for income eligible homeowners 

affected by the March 2009 flooding event. 

128,696 

932072 CDBG Disaster Recovery -HOPE 

Community 

Funding for rental housing assistance 

317,304 

932060 CDBG Disaster Recovery - Admin Program funding to support administration of CDBG Disaster Recovery Grant 58,064 

Volunteer Services 

915040 Hands On Grant Develops Family Friendly volunteer projects in the areas of education, 

environment, and the economy 

1,394 

915041 The Mission Continues Funds to support materials and supplies to complete day of service projects 642 

915056 Points of Light Incentive as an affiliate of the Points of Light Foundation 840 


FY13 

45,775 

315 

- 

112 

5,796 

54,185 

- 

43,070 

- 

- 

- 

103,163 

Attachment #1 

Page 37 of 62 

100.00% 

64.44% 

72.14% 

57.90% 

100.00% 

25.82% 

100.00% 

100.00% 

100.00% 


82.02%





Org 

Resource Stewardship 

Grant/Program Description/Purpose Budget Spent % Unspent 

Sustainability 

915010 Energy Efficiency and Conservation Development of a county efficiency and conservation strategy, energy 

conservation training and installation of energy efficient light fixtures and 

occupancy control systems 

83,013 - 100.00% 

915011 Climate Action Summit Funding to support the county sustainability imitative 27,157 

27,209 -0.19% 


914014 Federal Forestry Funds educational activities relating to forestry - this is a percentage of the total 

allocation with the remaining going to Public Works Transportation Trust Fund 

914015 Title III Federal Forestry Funds search, rescue, and emergency services on federal land as well as fire 

prevention and forest related educational opportunities 

914040 Specialty Crop Block Grant FY10 

The grant will be used to provide educational outreach programs serving small 

farm producers and community market vendors within Leon County. 


Public Works 

921030 Gopher Tortoise Habitat Mgmt Grant 

Operations 

Funds to improve the Gopher Tortoise habitat through the performance of 

prescribed burnings and herbicide treatments to 212 acres of St. Marks 

Headwaters Greenway land. 

921053* Tree Bank Payment for the planting of trees which can not be practically planted on 

development sites 

56,743 

001000* Side Walks District 1 13,033 


003000* Side Walks District 3 

Fee paid by developers to County for sidewalk construction in lieu of constructing 

sidewalk with development 

37,408 



FY13 

513 

28,333 

13,957 

9,499 

- 

- 

- 

27,209 

- 

7,738 

- 

- 

- 

- 

- 

Attachment #1 

Page 38 of 62 

100.00% 

100.00% 

100.00% 

82.21% 

100.00% 

86.36% 

100.00% 

100.00% 

100.00% 

100.00% 

100.00% 




Public Works 

Parks & Recreation Services 




921043 Boating Improvement State funding for boating improvements - Completed Reeves Landing, Lake 

Talquin Restrooms, New Cypress Landing; Rhoden Cove is pending 

921116* Miccosukee Community Center 6,173 

921126* Chaires Community Center 

Fee revenue collected for the rental of community facilities. Separate 

7,212 

921136* Woodville Community Center expenditure accounts have been established to allow for the payment of 

20,056 

921146* Fort Braden Community Center approved expenditures associated with improvements to the respective facilities. 

17,487 

921156* Bradfordville Community Center 7,706 

916016 


DOT Big Bend Scenic Byway 

932066 CDBG Disaster Recovery Program funding to improve the current stormwater and drainage along the 

Franklin Boulevard service area because of chronic flooding issues during heavy 

rain events 

932067 CDBG Disaster Recovery Program funding to create an emergency access corridor for Fairbanks Ferry 

residents outside of the flood plain 

FY13 

53,667 

72,264 

3,662,289 

932069 DREF-Oakridge Flooded Property 

Acquisition 

1,585,523 

932071 DREF-Capital Cascade Trail, Segment Program funding to address infrastructure and public facility projects directly 

1,660,959 

3 

related to Tropical Storm Fay 

932073 DREF-Lakeside Flood Control 647,211 

009009 Significant Benefit District 2 Fee paid by developers to County for road and safety improvements 65,635 



Subtotal: 8,771,821 

335,603 

38,712 

467 

- 

- 

597 

- 

- 

363,938 

282,817 

126,647 

1,511,575 

- 

- 

- 

- 

2,332,491 

Attachment #1 

Page 39 of 62 

27.87% 

92.43% 

100.00% 

100.00% 

96.59% 

100.00% 

100.00% 

90.06% 

15.73% 

92.01% 

8.99% 

100.00% 

100.00% 

100.00% 

100.00% 


73.41%



Intervention and Det. Alternatives 

Supervised Pre-trial Release 




915013 Slosberg-Driver's Education A program that funds organizations providing driver education 248,694 

Judicial 

943083 DCF - Drug Testing 

Constitutionals 

Funding received to pay for testing and treatment costs related to Adult Drug 

Court 

FY13 

148,735 

40.19% 

52,260 45,096 13.71% 

Subtotal: 300,954 193,831 35.59% 

Sheriff 

952020 Sheriff-E911 Grant Funds to purchase and install a new E911 system in the Joint Dispatch Center 988,536 

982058 FDLE JAG Grant Federal Stimulus funding allocated through JAG to be utilized purchasing 

computer equipment for the Leon County Sheriffs and Tallahassee Police 

departments 

119,740 


Miscellaneous 

918001 Southwood Payment - Woodville 

151,001 

- 100.00% 

Highway Proportionate share payment from Southwood Development to go to the Florida 

Department of Transportation for improvements to Woodville Highway 

991 Grant Match Funding 

Funding set aside to meet grant requirements - the beginning budget was 

$90,000, the current budget reflects the drawdown of grant match funds during 

the year 

65,000 

- 100.00% 

Subtotal: 216,001 - 100.00% 

TOTAL: 11,711,009 

- 

76,089 

76,089 

2,807,599 

Attachment #1 

Page 40 of 62 

100.00% 


36.45% 

93.13% 

76.03%

Population 

Thousands 

300 

225 

150 

75 

0 

Thousands 

70 

60 

50 

40 

30 

20 

10 

0 

Total 

Incorporated 

Unincorporated 


'02 '03 '04 '05 '06 '07 '08 '09 '10 '11 '12 

Sources: 

- 2012, Population Estimates and Projections from Tallahassee/Leon County Planning 

Department 2012. 

- 1998-2007, Division of Research & graphics and University of Florida BEBR, Florida 

Statistical Abstract 2010. 

- 2010 United States Census 

Higher Education Enrollment 

'01 '02 '03 '04 '05 '06 '07 '08 '09 '10 '11 

Source: Fall Enrollment Statistics from the Office of the Registrar for FSU/FAMU/TCC 

Total 

FSU 

TCC 

FAMU 

Attachment #1 

Page 41 of 62 

According to the 2010 United States 

Census data and 2012 estimates 

from the Florida Bureau of Economic 

and Business Research, Florida 

Statistical Abstract, the current Leon 

County population is 277,670; 66% 

incorporated and 34% 

unincorporated. Total county 

population estimates had slowed to 

less than 1% annual growth since 

2006. In 2009, there was a slight 

decline in population estimates. 

According to 2012 estimates, the total 

population has seen a 0.50% 

increase since the 2010 Census. 

Population estimates include higher 

education enrollment. 

Leon County had the second highest 

growth rate of neighboring counties 

since the 2010 Census behind only 

Gadsden County: Gadsden (2.4%), 

Leon (0.8%), Wakulla (0.0%), and 

Jefferson (-1.9%). 

Three institutions of higher learning 

are located in Tallahassee: Florida 

State University (FSU), Florida 

Agricultural & Mechanical University 

(FAMU), and Tallahassee Community 

College (TCC). Total enrollment for 

Fall 2012 decreased 3% from 2011 to 

68,201, down from the 2% increase in 

the previous year. 

In the last decade, TCC has had the 

highest overall average enrollment 

increase (2.21%), followed by FSU 

(1.35%) and FAMU (-0.34%). 


Unemployment Statistics 

14.0% 

12.0% 

10.0% 

8.0% 

6.0% 

4.0% 

2.0% 

0.0% 

Taxable Sales 

$5.0 

$4.5 

$4.0 

$3.5 

$3.0 

$2.5 

$2.0 

$1.5 

$1.0 

$0.5 

$0.0 

Billions 

3.20 


'04 '05 '06 '07 '08 '09 '10 '11 '12 Apr '13 

3.49 

3.64 

4.06 

4.14 

4.00 

Florida 

United States 

3.45 

Leon County 

*Source: Florida Agency for Workforce Innovation, Labor Market Statistics; US Department of 

Labor, Bureau of Labor Statistics 

3.32 3.37 3.43 

'03 '04 '05 '06 '07 '08 '09 '10 '11 '12 

Source: Florida Legislature’s Office of Economic and Demographic Research for 

Tallahassee Metropolitan Statistical Area 

Attachment #1 

Page 42 of 62 

Unemployment rates are a traditional 

indicator of economic health. Leon 

County's unemployment rate has 

remained below the state and national 

averages for the past ten years. The 

unemployment rate decreased from 

2004 through 2006. In 2008, a 

troubled economy caused 

unemployment to rise nationwide. In 

2009, the state of Florida experienced 

a 70% increase in unemployment 

compared to Leon County’s 60% 

increase. 

In 2011, Florida’s unemployment rate 

decreased for the first time since 2006 

from 11.9% in 2010 to 10.5% in 2011, 

which is approximately 2% higher 

than the current national average of 

8.4%. Leon County’s unemployment 

rate continues to trend lower than the 

state or national rates as the April 

2013 rate of 5.5% is a decrease from 

the 6.7% unemployment rate in April 

of 2012. 

*FY12 Unemployment data released 

3/18/2013. 

Taxable sales data is popularly used 

as one indicator of regional economic 

activity. The data is derived from 

sales tax returns filed monthly by 

retail establishments with the Florida 

Department of Revenue. Retail sales 

experienced a steady increase 

beginning in 2003 and peaking in 

2007 before the beginning of the 

current economic downturn. In 2009, 

taxable sales decreased 14%. In 

2010, taxable sales decreased 4%. In 

2011, however taxable sales 

increased by $51 million or 

approximately 2% and continued with 

a $60 million increase in 2012. 


Total County Labor Force 

Thousands 

160 

150 

140 

130 

120 

110 

100 

133 

Industry 

137 

139 

Employees 

2002 

144 

% Labor 

Force 


Employees 

2012 

% Labor 

Force 

% 

Change 

Government 

Education and 

62,000 38.5% 60,600 37.1% -2.3% 

Health Services 

Professional 

and Business 

16,900 10.5% 19,900 12.2% 17.8% 

Services 17,200 10.7% 17,900 10.9% 4.1% 

Retail Trade 

Leisure and 

18,100 11.2% 17,400 10.6% -3.9% 

Hospitality 13,600 8.4% 16,700 10.2% 22.8% 

Other Services 

Financial 

5,800 3.6% 6,800 4.2% 17.2% 

Activities 7,500 4.7% 7,100 4.3% -5.3% 

Construction 7,200 4.5% 5,800 3.5% -19.4% 

Manufacturing 4,200 2.6% 3,200 2.0% -23.8% 

Information 3,600 2.2% 3,300 2.0% -8.3% 

Wholesale 

Transportation, 

Warehousing, 

3,200 2.0% 3,200 2.0% 0.0% 

and Utilities 1,900 1.2% 1,600 1.0% -15.8% 

Total 161,200 100.0% 163,500 100.0% 1.4% 

Source: Florida Department of Economic Opportunity; Includes data from the Tallahassee Metropolitan 

Statistical Area (MSA), which is comprised of Gadsden, Jefferson, Leon, and Wakulla 

147 

149 150 150 

'04 '05 '06 '07 '08 '09 '10 '11 '12 

Source: Florida Agency for Workforce Innovation, Labor Market Statistics; US Department of 


Employment by Industry – 2002 vs. 2012 

147 

Attachment #1 

Page 43 of 62 

The local labor force consists of the 

total number of people employed and 

individuals seeking employment, 

including those classified as 

unemployed. 

From 2004 to 2010, Leon County’s 

labor force has increased an average 

of 1.6% annually. This growing trend 

slowed in 2010 as the County’s labor 

force from 2010 to 2011 remained flat. 

In 2012 the labor force had its first 

decline since 2002 decreasing -2.0% 

Over the past ten years, Leon 

County's major industries have 

included Government, Education and 

Health Services, and Retail Trade. 

This is attributed to the support 

needed for the large government and 

higher education infrastructure in the 

Tallahassee Metropolitan Statistical 

Area (MSA). 

The percentage of the labor force for 

Government has decreased since 

2002, while Education and Health 

Services, Professional and Business 

Services, Retail Trade and Leisure 

and Hospitality have all increased, 

which reflects a more diverse 

economy. 

The most dramatic increase over the 

past decade has included Leisure and 

Hospitality, Education and Health 

Services, Other Services and 

Professional and Business Services. 

Manufacturing has seen the largest 

decrease, followed by Construction, 

Transportation Warehousing, and 

Utilities. 

As a whole, these industries have 

seen a 1.4% increase in employment 

over the past ten years, with 163,500 

employees in 2012. 


Taxable Value 

$20.0 

$15.0 

$10.0 

$5.0 

$0.0 

20.0% 

15.0% 

10.0% 

5.0% 

0.0% 

-5.0% 

-10.0% 

12.6 

14.7 

16.4 

15.8 


14.7 14.5 

14.0 

'04 '05 '06 '07 '08 '09 '10 '11 

Certification of Final Taxable Value, Forms DR-422 

*Forms DR-420 are estimated values 

Annual Percentage Change in Taxable Value 

9.33% 

15.84% 

16.80% 

11.21% 

-3.63% 

-7.01% 

-1.55% 

-3.14% 

13.4 

-4.39% 

'03 '04 '05 '06 '07 '08 '09 '10 '11 

Source: Certification of Final Taxable Value, Forms DR-422 


Attachment #1 

Page 44 of 62 

Taxable values increased steadily 

from 2004 to 2006; however, due to 

property tax reform in 2007, the value 

of taxable property fell to $15.8 billion. 

In the past 5 years, valuations have 

decreased by $2.6 billion or 16% and 

are largely due to the continuing 

recession and a repressed housing 

market. 

Valuations from the prior year ending 

December 31 are used to develop the 

next year budget (e.g., 2012 

valuations are used to develop the FY 

2013/2014 budget). 

Property tax reform in 2007 and 2008 

contributed to the first declines in 

taxable value percentage in more 

than five years. The continued 

decline is due to the recession 

economy and the repressed housing 

market. In 2006 values increased by 

11.2% followed by a six-year 

fluctuating decline (3.6%, 7%, 1.6%, 

3.1%, and 4.4% respectively). 


Name 

Smith Interest 

General Partnership 


Principal Taxpayers 

2011 2012 

Total Taxable 

Value 

$126,492,644 $2,521,295 

Total Taxes Name 



Total Taxable 

Value 

Total Taxes 

$123,896,491 $2,498,478 

Century Link $111,861,495 $2,186,944 Century Link $119,969,285 $2,391,564 

Tallahassee Medical 

Center, Inc.(1) 

$68,777,575 $1,366,817 

Wal-Mart Stores, Inc $55,513,019 $1,270,861 

DRA CRT Tallahassee 

Center, LLC(2) 

Talquin Electric Coop, 

Inc. 

$60,742,063 $1,207,127 

$63,750,366 $1,033,942 

Florida Gas 

Transmission 

Company 



DRA CRT 

Tallahassee Center, 

LLC(2) 


Inc. 

$83,848,719 $1,397,345 

$65,332,567 $1,323,729 

$59,943,628 $1,214,534 

$64,676,443 $1,074,171 

St. Joe Company $49,995,332 $992,447 Wal-Mart Stores, Inc $52,455,074 $1,019,974 

Comcast Cablevision $49,615,414 $909,329 St. Joe Company $45,737,053 $922,141 

Capital City Bank $38,859,823 $756,665 Capital City Bank $37,513,217 $737,912 

Northwood Associates, 

LLC 

$30,698,518 $610,418 Comcast Cablevision $39,171,835 $735,050 

Total $656,306,249 $12,855,845 Total $692,544,312 $13,314,898 

Notes: 

Taxes paid reflect all taxing authorities (i.e. County, School Board, City, Northwest Water Management District, and the Downtown Improvement 

Authority). 

The taxable value of Leon County’s Top Ten Taxpayers increased by $36 million from 2011 to 2012; this 6% increase in value led to a 

corresponding increase in total taxes paid based on total taxable value. 

(1) Tallahassee Medical Center, Inc. is also known as Capital Regional Medical Center 

(2) DRA CRT Tallahassee Center, Inc is also known as the Koger Center Properties 

Attachment #1 

Page 45 of 62 


Residential Building Permits 

# of Permits 

4,000 

3,000 

2,000 

1,000 

0 

Millions 

$175 

$150 

$125 

$100 

$75 

$50 

$25 

$0 


Mobile Homes Multi-Family Single-Family 

'03 '04 '05 '06 '07 '08 '09 '10 '11 '12 

Source: Leon County Growth & Environmental Management, City of Tallahassee Building 

Inspection Division, and Tallahassee-Leon County Planning Department 

Value of Commercial Permits 

84.1 

108.9 

69.5 65.1 

126.4 

108.5 

47.6 

38.9 34.7 

'03 '04 '05 '06 '07 '08 '09 '10 '11 '12 



92.0 

Attachment #1 

Page 46 of 62 

Total countywide residential building 

permits grew relatively steady and 

peaked in 2005. However, signaling 

the beginning of a housing crisis, 

2006 experienced a dramatic 

decrease in overall permits. By 2010, 

total Residential Building Permits 

decreased by 85% from peak 2005 

levels. An increase in 2012 permits of 

19% over 2011 numbers were aided 

by multi-family permits which grew 

from 27 in 2010 to 847 in 2012. 

Over the past 10 years countywide 

commercial permit valuation has been 

volatile. Spikes in 2004 and 2007 

were both followed by reductions in 

following years, with a significant 

decrease in 2009. The values of 

commercial permits fell by 56% in 

2009; and have dropped 72% in 2011 

from peak values in 2007. This 

decline was followed by the largest 

rebound since 2007 as values 

increased 165% in 2012. 


Violent Crime Rate 

Per 100,000 Residents 

1,600 

1,200 

21 

18 

15 

12 

800 

400 

9 

6 

3 

0 

0 

Thousands 


'02 '03 '04 '05 '06 '07 '08 '09 '10 '11 

Source: Florida Statistical Analysis Center, FDLE 

Crimes Against Property in Leon County 

Vehicle Theft Burglary Larceny 

'02 '03 '04 '05 '06 '07 '08 '09 '10 '11 


Florida 

Leon County 

Attachment #1 

Page 47 of 62 

Violent Crime consists of murder, sex 

offenses, robbery and aggravated 

assault. 

Over the past ten years, Violent Crime 

in Leon County has decreased an 

average of 4%. In 2011, Leon County 

saw a 3.6% decrease in violent 

crimes committed per 100,000 

people. 

Generally, property crime in Leon 

County has fluctuated since 2002. 

Over a ten-year period, there has 

been an average of 2.5% decrease 

for Leon County. The greatest 

decline occurred from 2003 to 2004 at 

15.58%. 

Burglary (15.5%), motor vehicle theft 

(5.2%), and larceny (4.5%) were all 

contributing factors for the 2011 rise 

in property crimes (7.5%) in Leon 

County compared to the rest of the 

State of Florida that saw a 0.3% 

decline in property crimes. 


Homestead Parcels 

Hundreds 

60 

56 

52 

48 

44 

40 

51.3 

52.0 

53.0 

53.8 

54.6 


55.7 

56.2 

56.8 56.8 

56.4 

'02 '03 '04 '05 '06 '07 '08 '09 '10 '11 '12 

Source: Property Appraiser, Official Tax Roll Certification 

55.9 

Attachment #1 

Page 48 of 62 

Growth in homestead parcels 

has remained steady at an 

average of .90% growth per 

year since 2002. However, 

from 2010 to 2012 there has 

been a slight decrease with 894 

fewer homesteaded parcels, or 

a 1.57% decline. 


Intergovernmental Revenues 

Percent of Operating Revenues 

20.00% 

15.00% 

10.00% 

5.00% 

0.00% 

18.00% 

14.00% 

10.00% 

6.00% 

2.00% 

-2.00% 

-6.00% 

-10.00% 

11.44% 

12.43% 12.52% 


9.29% 

9.91% 10.25% 

FY08 FY09 FY10 FY11 FY12 FY13 Proj 

Property Tax Revenues 

Rate of Change 

0.16% 

5.08% 

-6.74% 

-1.54% 

-2.93% 

1.18% 

FY08 FY09 FY10 FY11 FY12 FY13 proj. 

Analysis: The monitoring of 

intergovernmental revenues (revenues 

received from another governmental 

entity) is important since over 

dependence on such revenues can be 

harmful; especially, if the external 

source withdraws the funds entirely 

and/or reduces its share of costs. Leon 

County exhibits a reduced dependency 

on intergovernmental revenues in 

comparison to total operating revenues. 

Grants are not generally included in 

intergovernmental revenue projections; 

however, grants are included in this 

projections and account for a significant 

portion of actual intergovernmental 

revenues. Intergovernmental revenues 

are trending up due to increased grant 

funding. 

Formula: Intergovernmental Revenues 

divided by Total Operating Revenues. 

Source: FY 2012 TRIM AD 

Attachment #1 

Page 49 of 62 

Analysis: In the past ten years, Leon 

County has become more reliant on 

property tax revenue, primarily due to 

the reduction of intergovernmental 

revenue. 

The Board adopted the rolled back 

8.1344 rate for FY13. The projected 

rate of change in FY13 is an increase of 

1.18% due to a moderate incline in 

property values from the previous year. 

By adopting the rolled back rate the 

board maintains the total tax collection 

level at 0.5 percent less than FY2012. 

Formula: Current Year minus Prior 

Year divided by Prior Year. 

Source: 2012 Certification of Final Taxable Value 

and Statistical Digest. 


Revenue Projections 

Budgeted v. Actual Revenues 

10.00% 

9.00% 

8.00% 

7.00% 

6.00% 

5.00% 

4.00% 

3.00% 

2.00% 

1.00% 

0.00% 

40.00% 

30.00% 

20.00% 

10.00% 

0.00% 

4.27% 

2.95% 2.75% 


2.30% 

3.84% 


Capital Outlay 

Percentage of Total Expenditures 

15.5% 

16.2% 

14.2% 

7.7% 

12.2% 

8.7% 


Attachment #1 

Page 50 of 62 

Analysis: This indicator examines the 

differences between actual revenues 

received versus budgeted revenues 

during the past fiscal year. Typically, 

actual revenues versus budgeted 

revenues fall in the range of + or - five 

percent. 

Formula: Actual General Fund, 

Special Funds and Enterprise Fund 

Revenue minus Budgeted General 

Fund, Special Funds and Enterprise 

Fund Revenue divided by Budgeted 

Revenues. 

Source: FY 2012 Revenue Summary Report. 

Analysis: The purpose of capital 

outlay in the operating budget is to 

replace equipment or to add new 

equipment and infrastructure. The 

ratio of capital outlay to net operating 

expenditures is a rough indicator of 

whether the stock of equipment and 

infrastructure is being replaced or 

added. The FY13 projection is based 

upon what has been budgeted for the 

current fiscal year and does not 

include carry forward projects from 

the previous fiscal year. 

Formula: Capital Outlay Divided by 

Total Operating Expenditures. 

Source: FY 2012 Expenditure Summary Report 

and Budget Summary. 


Revenues Per Capita 

$900 

$825 

$750 

$675 

$600 

$525 

$450 

$375 

$300 

$850 

$750 

$650 

$550 

$450 

$350 

$825 

$785 

$760 


$722 

$689 $673 

FY08 FY09 FY10 FY11 FY 12 FY 13 Proj 

Expenditures Per Capita 

$660 

$632 

$641 

$638 

$668 

$661 


Attachment #1 

Page 51 of 62 

Analysis: Examining per capita 

revenues indicates changes in 

revenues relative to changes in 

population size. As population 

increases, it is expected that 

revenues and the needs for services 

will increase. If per capita revenues 

are decreasing, it will be impossible to 

continue to maintain the existing level 

of services unless new sources of 

revenues and ways of reducing 

expenses are found. The FY08 

increase resulted from returned 

revenue from the Tax Collector and 

Sheriff in addition to higher 

ambulance fee revenue. Revenue 

per capita declines over the past four 

years reflect current economic 

conditions. Projections for FY13 also 

take into account the macroeconomic 

environment. 

Formula: General Fund, Special 

Revenue Funds, and Enterprise Fund 

Revenues Divided by Population. 

Source: FY 2011 Revenue Summary Report 

and the FY 2012 Budget Summary. 

Analysis: Changes in per capita 

expenditures reflect changes in 

expenditures relative to changes in 

population. This indicator has 

increased slightly over the past four 

years. 

The decrease in FY09 expenditures 

per capita reflects reductions in 

personnel costs due to a hiring freeze 

and the elimination of some positions. 

The FY13 projection reflects 

decreased payments to Medicaid; 

healthcare and retirement costs. 

The additional one cent tax for the 

Performing Arts Center is included in 

this calculation of operating 

expenditures per capita. 



divided by population. 

Source: FY 2012 Expenditure Summary Report, 

the 2010 Statistical Digest, and the FY 2010 

Budget Summary. 



Millions 

$45.00 

$40.00 

$35.00 

$30.00 

$25.00 

$20.00 

$15.00 

$10.00 

7.00 

6.75 

6.50 

6.25 

6.00 

$24.50 

$25.70 

$30.70 

$31.73 


$35.03 

$29.94 

FY08 FY09 FY10 FY11 FY12 FY13 Proj. 

Employees Per Capita 

Employees Per 1,000 Leon County Residents 

Thousands 

6.58 6.57 

6.49 

6.43 

6.40 

6.16 


Attachment #1 

Page 52 of 62 

Analysis: Positive fund balances can 

be thought of as reserves, although 

the “fund balance” entries on the 

annual report will not always be 

synonymous with the funds “available 

for appropriation.” The County’s 

reserve policy requires fund balances 

to be between a minimum of 15% and 

a maximum of 30% of operating 

expenditures. The FY09 fund balance 

includes an appropriation of $3.9 

million in local economic stimulus 

funding. However, this is offset by the 

return of excess fees from the 

Constitutional Officers and higher 

than anticipated interest earnings. 

The FY13 decline results from $5 

million in appropriations to address 

continuously declining revenues. 

Formula: Prior year fund balance plus 

actual revenues minus actual 

expenditures. 

Source: FY12 Summary of Fund Balance and 

Retained Earnings and Year Ending Report. 

Analysis: Personnel costs are a 

major portion of an operating budget; 

for that reason plotting changes in the 

number of employees per capita 

effectively measures changes in 

expenditures. Overall, the County is 

controlling the cost associated with 

this financial indicator. Note that the 

number of employees includes 

Constitutional Officers. In 

comparison to other like-sized 

counties, Leon County, along with St. 

Lucie, ranks the lowest in number of 

employees per capita. 

(The Sheriff experienced a net loss of 

39 positions. EMS had 4 positions 

realigned to the Public Safety 

Complex. In addition to the Counties 

net loss of 6.5 positions). 

Formula: Number of Full-Time 

Employees Divided by Population 

multiplied by 1,000. 

Source: FY 12-13 Annual Budget Document and 

Tallahassee/Leon County Planning Department. 


Debt Service 

Percentage of Total Operating Expenditures 

10.00% 

8.00% 

6.00% 

4.00% 

2.00% 

0.00% 

5.18% 

5.37% 5.33% 5.32% 


5.01% 

5.08% 


Liquidity 

Ratio of Current Assets to Current Liabilities 

$10.00 

$8.00 

$6.00 

$4.00 

$2.00 

$0.00 

6.65 

7.61 

6.99 

5.80 

5.21 

4.23 


Attachment #1 

Page 53 of 62 

Analysis: Debt service is defined as 

the amount of principal and interest 

that a local government pays each 

year on net direct bonded long-term 

debt, plus the interest on direct shortterm 

debt. Increasing debt service 

reduces expenditure flexibility by 

adding to the County's financial 

obligations. Leon County’s debt 

service has trended downward over 

the past five years. However, in FY12 

Leon County renegotiated its debt 

service resulting in a slight increase. 

Leon County maintains level debt 

service. 

Formula: Debt Service divided by 


Source: FY 2011 Expenditure Summary and the 

FY 2012 Budget Summary. 

Analysis: The current ratio is a 

liquidity indicator that measures a 

government’s short-run financial 

condition by examining the ratio of 

cash and short term assets against 

current liabilities. This ratio shows 

whether a government can pay its 

short-term debt obligations. 

The International City / County 

Management Association (ICMA) 

states ratio that fall below 1:1 for more 

than consecutive three years is a 

decidedly negative indicator. The 

ICMA further recommends keeping 

this ratio above 1:1. Leon County 

maintains a liquidity ratio above this 

level even during the current 

economic climate, a sign of short-term 

financial strength. 

Formula: Cash and short-term 

investments divided by Current 

Liabilities 

Source: FY 2012 Comprehensive Annual 

Financial Report 


Total Net Budget (FY13) 

Millions 

$500 

$250 

$0 

$199 

$242 

Comparative Data for Like-Sized Counties* 

$251 

$275 

Net Budget Per Countywide Resident (FY13) 

$2,500 

$2,000 

$1,500 

$1,000 

$500 

$0 

$718 

$839 

$919 

$980 

$295 

$1,051 

$308 

$1,570 

$529 

$1,885 

* Comparative Counties updated based on 2012 population estimates. 

Source: University of Florida, Bureau of Economic and Business Research, 11/1/2012. 

Attachment #1 

Page 54 of 62 

Leon County ranks lowest in 

operating budget among like-sized 

counties, with a net budget of $200 

million. Alachua County’s net budget 

is 21% higher than Leon County’s. 

As recommended by the International 

City County Management Association 

(ICMA), total net budget excludes 

capital and county total budgeted 

reserves. 

Leon County is the lowest for dollars 

spent per county resident. Osceola 

County spends more than two and a 

half times the amount per resident 

than Leon County. The next closest 

County’s net budget per capita is 

16% higher than Leon County’s (Lake 

County). 


Countywide Population (2012) 

Thousands 

400 

300 

200 

100 

0 

196 

247 


278 280 281 

Anticipated Ad Valorem Tax Collections (FY13) 

Millions 

$250 

$200 

$150 

$100 

$50 

$0 

$66 

$89 $92 $96 

$98 

300 300 

$105 


Source: University of Florida, Bureau of Economic and Business Research, 11/1/2012 

$106 

Attachment #1 

Page 55 of 62 

The Florida Bureau of Economic and 

Business Research estimated the 

Leon County 2012 population at 

277,670 residents. The selection of 

comparative counties is largely 

based on population served. 

Among the like-sized counties, Leon 

County collects $106 million in ad 

valorem taxes. Leon County collects 

$13 million more than the median 

collection ($93 million). Due to the 

2008 passage of property tax reform 

by referendum and enabling 

legislative actions, ad valorem tax 

collections rates were significantly 

impacted in all counties. In addition, 

decreased property valuations 

associated with the recession and a 

repressed housing market will further 

effect collections in the near term. 

Ad valorem taxes account for 50% of 

the County’s operating revenue. 


Total Number of County Employees (FY13) 

3,500 

3,000 

2,500 

2,000 

1,500 

1,000 

500 

0 

1,582 

1,718 


1,772 

1,882 1,902 

County Employees per 1,000 Residents (FY13) 

14.0 

12.0 

10.0 

8.0 

6.0 

4.0 

2.0 

0.0 

6 6 6 

2,244 

8 8 8 

2,445 



10 

Attachment #1 

Page 56 of 62 

County employees consist of 

Board, Constitutional, and Judicial 

Offices. Leon County has the 

second lowest number of county 

employees among comparables. 

All comparable counties surveyed 

reported either the same or fewer 

employees than in FY12 except for 

Alachua, Osceola, and Escambia 

Counties. This is largely attributed 

to property tax reform followed by 

the recession which has impacted 

county revenues and services. 

Leon County has a ratio of 6 

employees for every thousand 

County residents, tied with St. Lucie 

and Lake County as the lowest in 

per capita employees. 



Millions 

$300 

$250 

$200 

$150 

$100 

$50 

$0 

$18 

Comparative Data for Surrounding Counties 

$29 

$29 

$199 

Jefferson Wakulla Gadsden Leon 


$2,100 

$1,800 

$1,500 

$1,200 

$900 

$600 

$300 

$0 

$602 

$718 

$932 

$1,228 

Gadsden Leon Wakulla Jefferson 

Attachment #1 

Page 57 of 62 

Leon County ranks highest in 

operating budget among surrounding 


million. Jefferson County ranks 

lowest with a net budget of $18 

million. 





reserves. 

Leon County is the second lowest for 

dollars spent per county resident. 

Gadsden County spends 17% less, 

while Jefferson County spends 71% 

more per county resident. 



Thousands 

300 

250 

200 

150 

100 

50 

0 

14 


31 

48 

278 



Millions 

$135 

$120 

$105 

$90 

$75 

$60 

$45 

$30 

$15 

$0 

$4 

$9 

$11 

$106 


Attachment #1 

Page 58 of 62 



2012 Leon County population at 

277,670. Leon County has 

approximately 230,000 more 

residents than neighboring Gadsden 

County which has the next highest 

population. Of the surrounding 

counties, Gadsden has the highest 

projected population growth rate since 

the 2010 census at 2% compared to 

Leon (1%), Wakulla (0%), and 

Jefferson (-2%). 

Among the surrounding counties, 

Leon County collects the highest 

amount of ad valorem taxes. 


2,000 

1,600 

1,200 

800 

400 

18.0 

16.0 

14.0 

12.0 

10.0 

8.0 

6.0 

4.0 

2.0 

0.0 

0 

170 



342 

345 

1,718 

Jefferson Gadsden Wakulla Leon 

Total County Employees per 1,000 Residents (FY13) 

6 

7 

Leon Gadsden Wakulla Jefferson 

11 

12 

Attachment #1 

Page 59 of 62 

County employees consist of Board, 

Constitutional, and Judicial Offices. 

Leon County has the highest number 

of county employees. 


employees for every thousand county 

residents. When compared to 

surrounding counties, Leon County 

ranks the lowest. 


Net Budget per Countywide Resident 

County 

Net Budget 

Per Capita 

Comparative Data for All Florida Counties 

Staff Per 

1000 

% 

Exempt 

Santa Rosa $410 5 37% 

Gadsden $602 7 51% 

Holmes $605 8 64% 

Union $639 10 76% 

Leon $718 6 43% 

Columbia $721 7 46% 

Flagler $788 7 31% 

Baker $792 12 53% 

Washington $813 9 44% 

Seminole $818 7 25% 

Volusia $820 7 33% 

Lafayette $824 10 66% 

Clay $838 7 36% 

Lake $839 6 30% 

Jackson $839 8 53% 

Taylor $844 10 42% 

Citrus $870 8 32% 

Highlands $878 9 34% 

Bradford $892 8 53% 

Okaloosa $893 7 28% 

Marion $912 7 40% 

Escambia $919 8 45% 

Suwannee $925 10 46% 

Wakulla $932 11 55% 

Calhoun $949 8 61% 

Madison $957 11 55% 

Hernando $958 8 38% 

Polk $970 7 31% 

Pinellas $970 5 28% 

Sumter $972 6 31% 

Alachua $980 8 51% 

Bay $994 7 33% 

Liberty $995 14 77% 

Okeechobee $1,026 10 40% 

County 

Net Budget 

Per Capita 

Staff Per 

1000 

Attachment #1 

Page 60 of 62 

% 

Exempt 

Brevard $1,045 7 43% 

Putnam $1,047 9 50% 

Saint Lucie $1,051 6 36% 

Hendry $1,089 9 67% 

Nassau $1,093 8 28% 

Dixie $1,101 13 70% 

Pasco $1,123 8 35% 

Levy $1,180 10 50% 

Lee $1,192 7 23% 

Gilchrist $1,227 11 54% 

Jefferson $1,228 12 66% 

Hamilton $1,248 12 42% 

Hardee $1,276 12 52% 

Glades $1,280 19 83% 

Hillsborough $1,307 8 30% 

Desoto $1,337 10 55% 

Manatee $1,403 9 23% 

Gulf $1,407 11 40% 

Orange $1,436 8 27% 

Martin $1,441 10 27% 

Indian River $1,454 10 26% 

Palm Beach $1,470 8 23% 

Saint Johns $1,570 10 27% 

Broward $1,572 6 29% 

Duval $1,652 8 39% 

Walton $1,664 15 16% 

Dade-Miami $1,690 10 28% 

Sarasota $1,787 9 24% 

Collier $1,794 10 17% 

Osceola $1,885 8 37% 

Franklin $2,352 15 42% 

Charlotte $2,490 11 28% 

Monroe $3,369 17 29% 


Percent of Exempt Property 

County 

% 

Exempt 


Net Budget 

Per Capita 

Staff Per 

1000 

Walton 16% $1,664 15 

Collier 17% $1,794 10 

Manatee 23% $1,403 9 

Lee 23% $1,192 7 

Palm Beach 23% $1,470 8 

Sarasota 24% $1,787 9 

Seminole 25% $818 7 

Indian River 26% $1,454 10 

Martin 27% $1,441 10 

Orange 27% $1,436 8 

Saint Johns 27% $1,570 10 

Dade-Miami 28% $1,690 10 

Nassau 28% $1,093 8 

Okaloosa 28% $893 7 

Pinellas 28% $970 5 

Charlotte 28% $2,490 11 

Broward 29% $1,572 6 

Monroe 29% $3,369 17 

Lake 30% $839 6 

Hillsborough 30% $1,307 8 

Sumter 31% $972 6 

Polk 31% $970 7 

Flagler 31% $788 7 

Citrus 32% $870 8 

Volusia 33% $820 7 

Bay 33% $994 7 

Highlands 34% $878 9 

Pasco 35% $1,123 8 

Saint Lucie 36% $1,051 6 

Clay 36% $838 7 

Santa Rosa 37% $410 5 

Osceola 37% $1,885 8 

Hernando 38% $958 8 

Duval 39% $1,652 8 

County 

% 

Exempt 

Net Budget 

Per Capita 

Attachment #1 

Page 61 of 62 

Staff Per 

1000 

Marion 40% $912 7 

Okeechobee 40% $1,026 10 

Gulf 40% $1,407 11 

Taylor 42% $844 10 

Franklin 42% $2,352 15 

Hamilton 42% $1,248 12 

Brevard 43% $1,045 7 

Leon 43% $718 6 

Washington 44% $813 9 

Escambia 45% $919 8 

Columbia 46% $721 7 

Suwannee 46% $925 10 

Levy 50% $1,180 10 

Putnam 50% $1,047 9 

Gadsden 51% $602 7 

Alachua 51% $980 8 

Hardee 52% $1,276 12 

Baker 53% $792 12 

Jackson 53% $839 8 

Bradford 53% $892 8 

Gilchrist 54% $1,227 11 

Wakulla 55% $932 11 

Madison 55% $957 11 

Desoto 55% $1,337 10 

Calhoun 61% $949 8 

Holmes 64% $605 8 

Jefferson 66% $1,228 12 

Lafayette 66% $824 10 

Hendry 67% $1,089 9 

Dixie 70% $1,101 13 

Union 76% $639 10 

Liberty 77% $995 14 

Glades 83% $1,280 19 



Total County Employees per 1,000 Residents 

County 

Staff Per 

1000 

Net Budget 

Per Capita 

% 

Exempt 

Pinellas 5 $970 28% 

Santa Rosa 5 $410 37% 

Leon 6 $718 43% 

Saint Lucie 6 $1,051 36% 

Sumter 6 $972 31% 

Lake 6 $839 30% 

Broward 6 $1,572 29% 

Seminole 7 $818 25% 

Brevard 7 $1,045 43% 

Volusia 7 $820 33% 

Polk 7 $970 31% 

Okaloosa 7 $893 28% 

Clay 7 $838 36% 

Flagler 7 $788 31% 

Bay 7 $994 33% 

Gadsden 7 $602 51% 

Columbia 7 $721 46% 

Marion 7 $912 40% 

Lee 7 $1,192 23% 

Bradford 8 $892 53% 

Citrus 8 $870 32% 

Holmes 8 $605 64% 

Alachua 8 $980 51% 

Hillsborough 8 $1,307 30% 

Jackson 8 $839 53% 

Calhoun 8 $949 61% 

Osceola 8 $1,885 37% 

Hernando 8 $958 38% 

Duval 8 $1,652 39% 

Escambia 8 $919 45% 

Pasco 8 $1,123 35% 

Palm Beach 8 $1,470 23% 

Nassau 8 $1,093 28% 

Orange 8 $1,436 27% 

County 

Staff Per 

1000 

Net Budget 

Per Capita 

Attachment #1 

Page 62 of 62 

% 

Exempt 

Highlands 9 $878 34% 

Sarasota 9 $1,787 24% 

Hendry 9 $1,089 67% 

Washington 9 $813 44% 

Putnam 9 $1,047 50% 

Manatee 9 $1,403 23% 

Saint Johns 10 $1,570 27% 

Union 10 $639 76% 

Indian River 10 $1,454 26% 

Lafayette 10 $824 66% 

Suwannee 10 $925 46% 

Desoto 10 $1,337 55% 

Levy 10 $1,180 50% 

Collier 10 $1,794 17% 

Taylor 10 $844 42% 

Dade-Miami 10 $1,690 28% 

Okeechobee 10 $1,026 40% 

Martin 10 $1,441 27% 

Gilchrist 11 $1,227 54% 

Gulf 11 $1,407 40% 

Charlotte 11 $2,490 28% 

Wakulla 11 $932 55% 

Madison 11 $957 55% 

Baker 12 $792 53% 

Jefferson 12 $1,228 66% 

Hardee 12 $1,276 52% 

Hamilton 12 $1,248 42% 

Dixie 13 $1,101 70% 

Liberty 14 $995 77% 

Franklin 15 $2,352 42% 

Walton 15 $1,664 16% 

Monroe 17 $3,369 29% 

Glades 19 $1,280 83% 




Fiscal Year 2013 

Mid-Year Financial Report 

“People Focused. Performance Driven.” 


Produced by 

The Office of Management & Budget 


This publication can be viewed online, at the Leon County website: 

www.leoncountyfl.gov/omb/ 

Attachment #1 

Page 1 of 62 




AGENDA REQUEST 

REVENUES 

Table of Contents 

Major Revenue Summary ................................................................................................................................ 1 

Preliminary FY 2013 Revenue Estimates ........................................................................................................ 2 

Revenue Projections ........................................................................................................................................ 3 

General Fund/Fine & Forfeiture- Fund Balance ............................................................................................... 4 

Ad Valorem Taxes .......................................................................................................................................... 5 

State Revenue Sharing Tax ............................................................................................................................. 6 

Local Government ½ Cent Sales Tax .............................................................................................................. 7 

Communications Services Tax ........................................................................................................................ 8 

Public Service Tax ........................................................................................................................................... 9 

State Shared Gas Tax ................................................................................................................................... 10 

Local Option Gas Tax .................................................................................................................................... 11 

Local Option Sales Tax .................................................................................................................................. 12 

Local Option Tourist Tax ................................................................................................................................ 13 

Solid Waste Fees ........................................................................................................................................... 14 

Building Permit Fees ...................................................................................................................................... 15 

Environmental Permit Fees ............................................................................................................................ 16 

Ambulance Fees ............................................................................................................................................ 17 

Probation & Pre-Trial Fees ............................................................................................................................ 18 

Court Facilities Fees…………………………………………………………………………………………………..19 

EXPENDITURES 

Program Expenditure Summary ..................................................................................................................... 20 

FUND BALANCE 

Summary of Fund Balance & Retained Earnings (unaudited) ........................................................................ 24 

CAPITAL IMPROVEMENT PROGRAM 

Capital Improvement Program Summary ....................................................................................................... 26 

Culture and Recreation .................................................................................................................................. 27 

General Government ..................................................................................................................................... 27 

Health and Safety .......................................................................................................................................... 28 

Physical Environment .................................................................................................................................... 28 

Transportation .............................................................................................................................................. 29 

GRANTS PROGRAM 

Grants Program Summary ............................................................................................................................. 30 

COMMUNITY ECONOMIC PROFILE 

Community Economic Profile ......................................................................................................................... 36 

FINANCIAL INDICATORS 

Financial Indicators ........................................................................................................................................ 44 

COMPARATIVE DATA 

Attachment #1 

Page 2 of 62 

Comparative Data for Like-Sized Counties .................................................................................................... 49 

Comparative Data for Surrounding Counties ................................................................................................. 52 

Comparative Data for All Florida Counties ..................................................................................................... 55 


To: 

Leon County 



June 18, 2013 



Title: 



Department/ 


Lead Staff/ 

Project Team: 

Acceptance of the FY 2012/2013 Mid - Year Financial Report 











This item summarizes the FY 2012/2013 year-to-date receipts for the County’s major revenues, 


budget, provides preliminary FY 2013/2014 revenue estimates and provides the FY 2012/2013 

estimated fund balance (Attachment #1). 


Option #1: Accept the FY 2012/2013 Mid -Year Financial Report. 

Attachment #1 

Page 3 of 62 



Background: 





Analysis: 


Attachment #1 

Page 4 of 62 

Revenues 




estimates. 

Expenditures 

This section displays the FY 2012/2013 budgets for each program. It also shows the FY 

2012/2013 actual expenditures and provides the dollar amount that each program has spent to 



Fund Balance 














parcels. 










Options: 

1. Accept the FY 2012/2013 Mid -Year Financial Report. 

2. Do not accept the FY 2012/2013 Mid -Year Financial Report. 



Option #1 

Attachments: 

1. FY 2012/2013 Mid - Year Financial Report 


Attachment #1 

Page 5 of 62 




MAJOR REVENUE SUMMARY 

Total FY13 budgeted revenues shown below represents approximately 77% of all FY13 budgeted County revenues. (1) 

Revenue Source FY13 Budget FY12 YTD Actual 

Ad Valorem Taxes 104,367,480 

State Revenue Sharing (2) 4,150,550 

Communication Serv. Tax (3) 3,151,150 


State Shared Gas Tax (5) 3,718,300 

Local Option Gas Tax (5) 4,807,950 

Local 1/2 Cent Sales Tax (2) 10,110,850 

Local Option Sales Tax (2) 3,390,740 

Local Option Tourist Tax (6) 4,100,675 


Building Permits Fees (8) 960,925 



Probation and Pre-Trial Fees (11) 1,027,520 

Court Facilities Fees (12) 1,358,500 


Interest Income - GF/FF (14) 582,350 

Interest Income - Other (14) 1,702,411 

92,622,985 

2,770,842 

2,133,126 

3,811,255 

1,876,276 

2,454,007 

6,219,301 

2,095,114 

2,510,686 

5,645,615 

879,730 

386,446 

6,049,892 

661,345 

817,684 

4,725,195 

304,713 

829,445 

FY13 YTD 

Budget 

98,174,023 

2,677,356 

1,849,780 

3,784,508 

1,814,678 

2,341,009 

6,003,960 

2,007,469 

2,389,824 

5,887,542 

624,128 

415,023 

5,252,010 

616,501 

775,148 

4,850,694 

291,175 

851,206 

FY13 YTD Actual 

102,731,629 

2,811,019 

2,056,736 

3,971,222 

1,870,000 

2,355,122 

6,357,160 

2,149,986 

2,428,964 

5,541,725 

911,954 

442,407 

6,396,012 

649,063 

841,381 

4,992,154 

327,297 

896,568 

FY12 YTD Actuals 

vs. FY13 YTD 

Actuals 

FY13 YTD Budget 

vs. FY13 YTD 

Actuals 

10.9% 4.6% 

1.4% 5.0% 

-3.6% 11.2% 

4.2% 4.9% 

-0.3% 3.0% 

-4.0% 0.6% 

2.2% 5.9% 

2.6% 7.1% 

-3.3% 1.6% 

-1.8% -5.9% 

3.7% 46.1% 

14.5% 6.6% 

5.7% 21.8% 

-1.9% 5.3% 

2.9% 8.5% 

5.6% 2.9% 

-4.4% 12.4% 

2.6% 5.3% 

TOTAL: $ 174,685,881 $ 136,793,658 $ 140,606,033 $ 147,730,399 8.0% 5.1% 

Attachment #1 

Page 6 of 62 

Notes: 

(1) The percentage is based on all County revenues net of transfers and appropriated fund balance. 

(2) The 1/2 Cent Sales Tax and State Revenue Sharing are both State shared revenues supported by state and local sales tax collections. 

Overall, local sales tax transactions have been higher, indicating a continued economic recovery. 

(3) The Communication Services Tax includes a $2.5 million audit reimbursement from the state with a $1.3 million lump sum payment 

distributed in December 2009 and the remainder prorated monthly with payments of $33,456 beginning in February 2009 until December 

2012. Leon County's decline in this revenue follows a statewide trend. 

(4) While the Public Service Tax shows an increase from FY12, due to the City recently providing records that show a $2.1 million 

overpayment from the last three years projections have been lowered for FY14 to account for the payback which will occur over the next 36 

months. 

(5) Decreased fuel consumption due to the recession and high fuel cost has caused a moderate decrease in gas tax revenue. 

(6) Year to year decline is primarily due to the legislative session being held two months later than in FY12. Bed tax revenues associated 

with the end of session have not been reconciled. 

(7) Due to decreased year to date tonnage at the transfer station solid waste station revenues are currently less than the previous year and 

what is budgeted for the current year. 

(8) As the housing market continues to rebound in the current economy an increase in new construction and multi family housing permits 

has been seen, resulting in an increase in revenue for FY13. 

(9) As economic conditions continue to improve in the development/construction industry, development approval and environmental permit 

revenue has seen the beginnings of a rebound. 

(10) This revenue is anticipate to decline by years end due to recent information that indicates collections to actual billings are dropping 

from 41% to 36% of total billings. 

(11) The slight revenue increase in the probation/pre-trial program is attributed to higher than expected revenue associated with the new 

urinalysis testing program, while no overall decrease in revenue is due to continued fee waivers and the privatization of the GPS program. 

(12) The Court Facilities fees were increased in February FY10 from $15 to $30. This fee change is the reason for the steady increase in 

revenue collection. 

(13) The fire services fee was implemented for FY10. Revenues shown reflect collections by the City of Tallahassee and non ad valorem 

assessments placed on the County tax bill. Year-to-date collections are lower due to under-collections by the City of an estimated 1,012 

delinquent accounts, which will be transferred from quarterly billing to next years tax bills. 

(14) In an effort to affect economic recovery, the Federal Reserve has continued to keep interest rates low, directly influencing interest 

earnings on County funds. While interest earnings to date are above forecasted returns, the rate of return is comparable to FY12 levels. 

Interest classified as other will decline in out-years as budgeted capital reserves are expended. 




PRELIMINARY FY 2014 REVENUE ESTIMATES 

All revenues below are shown as they are budgeted, which is 95% of the actual amount anticipated. (1) 

Attachment #1 

Page 7 of 62 

Revenue Source 

FY12 

Budget 

FY13 

Budget 

FY14 

Prelim. Budget 

FY13 to FY14 

% Change (2) 

General Revenues or Restricted Revenues: Supplemented by General Revenues 

Ad Valorem Taxes (3) 104,995,281 104,367,480 104,717,055 

0.3% 

State Revenue Sharing Tax (2) 4,107,800 

4,150,550 

4,138,200 

-0.3% 

Communication Services Tax (4) 3,280,625 

3,151,150 

3,365,850 

6.4% 


6,568,300 

5,243,000 

-25.3% 

Local Government 1/2 Cent Sales Tax 10,173,550 

10,110,850 

10,583,000 4.5% 


608,095 

598,975 

-1.5% 

Probation Fees 1,119,005 

1,027,520 

1,024,385 

-0.3% 

Court Facilities Fees 1,249,250 

1,358,500 

1,384,150 

1.9% 

Interest Income - General Fund/Fine & Forfeiture 609,425 

582,350 

1,005,765 

42.1% 

Subtotal: $ 133,024,646 $ 131,924,795 $ 132,060,380 

0.1% 


Gas Taxes (2) 

- 

(1,099,851) 

135,585 

State Shared Gas Tax 3,691,700 

3,718,300 

3,621,400 

-2.7% 

Local Option Gas Taxes 4,743,350 

4,807,950 

4,586,600 

-4.8% 

Subtotal: $ 8,435,050 $ 8,526,250 $ 8,208,000 

-3.9% 


Restricted Revenues: No General Revenue Support 

- 

91,200 

(318,250) 


8,854,000 

8,303,000 

-6.6% 

Building Permit Fees (5) 994,175 

960,925 

1,201,370 

20.0% 

Local Option Sales Tax Extension 3,296,405 

3,390,740 

3,593,850 5.7% 

Local Option Tourist Tax 3,916,850 

4,100,675 

4,105,283 

0.1% 


6,394,772 

TBD 0.0% 


8,831,313 

TBD 

*Subtotal: $ 17,374,930 $ 17,306,340 $ 17,203,503 

-0.6% 

Comparison to Previous Year Budget - 

(68,590) 

(102,837) 

TOTAL: $ 158,834,626 $ 157,757,385 $ 157,471,883 

-0.2% 

*FY12 and FY13 budget subtotals exclude Fire Service Fees and Solid Waste Fees due to the unavailability of FY14 preliminary budget figures at the 

time of publishing. 

Notes: 

(1) According to Florida Statutes, all revenues must be budgeted at 95%. Budget estimates are preliminary and may be adjusted if necessary 

as additional information becomes available prior to the July budget workshops. 

(2) Certain revenue projections associated with the usage of electric utilities have decreased from the FY12 budget. This is due to the 

overpayment by the City of Tallahasse in electric public service taxes over the past three years by $2.1 million. The FY13 and FY14 forecasts 

have been adjusted to relect the payback of these overpayments through withholding over the next 36 months. Other revenue projections, such 

as building permits and sales taxes are expected to increase slightly, an indication of the economic recovery. 

(3) The FY14 estimatesare based on preliminary valuations released by the Property Appraiser on June 1, 2013 that show a rate consitent with 

the previous fiscal year. This number will be updated upon receipt of formal valuations provided July 1, 2013. 

(4) The final reimbursement schedule concluded in December 2012. Revenues are forecasted to increase slightly with the econmic recovery. 

(5) Environmental Permit Fees continue to be hardest hit by the decline in development activity; however recent revenue trends suggest a 

leveling in FY14. The increase in Building permits are related to the growth in both new construction and the permitting of new developments. 

(6) The decline in forecasted revenue for FY13 and FY14 is due to a decrease in billing collections. Historically, billing receipts were 41% of 

total billing. Over the last year receipts have fallen to 36% of total billings. 

(7) The decrease in FY13 fire service fees is due to delinquent collections that were moved to the tax bill as non ad valorem assessments that 

are not paid through the City's quarterly billing system, which are subsequently collected the following year. The decrease in FY13 accounts for 

the collection of delinquent due amounts on preceding tax bills. The FY14 estimates are not available from the City of Tallahassee at this time. 

(8) FY13 increased revenue is due to estimated increase in tonnage at the transfer station and an increase in the tipping fee. Preliminary FY14 

estimates are not available due to final negotiations with the City of Tallahassee regarding the new tipping fee based on a decrease in the 

hauling rate to Waste Managements Springhill facility. 


FY 2013 AND FY 2014 REVENUE PROJECTIONS 

Adopted Budget FY 2013, Projected Actuals FY 2013, and Estimated Budget FY 2014 

$14.0 

$12.0 

$10.0 

$8.0 

$6.0 

$4.0 

$2.0 

$0.0 

Millions 

$3.4 

$3.7 

$3.6 

Local Option 

Sales Tax 

$4.2 

$4.3 

$4.1 

State Rev 

Sharing 

$10.1 

$10.8 

$10.6 

1/2 Cent 

Sales Tax 

$8.8 

$8.9 

Solid Waste 

Fees 

$8.5 

$8.7 

$8.2 

$4.1 

$3.8 

$4.1 

Gas Taxes Tourist 

Develop. 

Taxes 

$1.6 

$2.2 

FY13 Adopted 

FY13 Projected 

FY14 Budget Estimate 

$1.8 

Building and 

Env Fees 

$3.2 

$3.5 

$3.4 

Comm. 

Services Tax 

Adopted Budget FY 2013, Projected Actual Collections FY 2013, and Estimated Budget FY 2014: 

Attachment #1 

Page 8 of 62 

$6.6 

$6.1 

$5.2 

Public 

Service Tax 

This chart illustrates a comparison between the current budget, the projected actual collections for FY 2013, and the 

FY 2014 budget estimates. The chart depicts FY14 revenues forecasted at 95% as required by Florida Statute. 

Detailed charts of these revenues are shown on the subsequent pages, including ad valorem taxes. 


GENERAL FUND /FINE AND FORFEITURE- FUND BALANCE 


Millions 

$48.00 

$40.00 

$32.00 

$24.00 

$16.00 

$8.00 

$0.00 

$41.83 

$24.50 

$25.70 

$30.69 

31.73 

$35.03 

$29.94 

FY07 FY08 FY09 FY10 FY11 FY12 FY13 

Estimate 

Attachment #1 

Page 9 of 62 

General/Fine and Forfeiture Fund 

Balance: 

Fund Balance is maintained for cash 

flow purposes, as an emergency 

reserve and a reserve for one-time 

capital improvement needs. In 

addition, the amount of fund balance 

is used by rating agencies in 

determining the bond rating for local 

governments. The Leon County 

Reserves Policy requires fund 

balances to be between a minimum 

of 15% and a maximum of 30% of 

operating expenditures. The 

unaudited fund balance for FY13 is 

$29.94 million. This reflects 25% of 

operating expenditures and is 

consistent with the County’s 

Reserve Policy. 

Other than the excess fees 

budgeted for the Tax Collector, 

FY13 estimates do not include the 

return of possible excess fees from 

the Constitutional Officers. 



$140.0 

$120.0 

$100.0 

$80.0 

$60.0 

$40.0 

$20.0 

Millions 

$118.1 

$110.1 

$108.2 

AD VALOREM TAXES 

$105.1 $104.4 $102.7 


Budget 


Millions 

$90 

$80 

$70 

$60 

$50 

$40 

$30 

$20 

$10 

$0 

October 

November 

December 

January 

February 

March 

April 

May 

FY13 YTD 

Actual 

June 


$106.3 

FY13 

Projected 

Actuals 

July 

August 

$104.7 

FY14 Est. 

Budget 

September 

Background: 

Ad Valorem taxes are derived from all 

non-exempt real and personal 

properties located within Leon 

County. The non-voted countywide 

millage rate is constitutionally capped 

at 10 mills (Article VII, Section 9(a) 

and (b)). 


combined General Fund and Fine and 

Forfeiture Fund levies. 

Trend: 

In January 2008 a constitutional 

amendment was passed that 

established restrictions on property 

valuations, such as an additional 

$25,000 homestead exemption and 

Save Our Homes tax portability. 

These restrictions will restrict future 

growth in ad valorem taxes. The 

forecasted trend shows a leveling of 

the preceding years decline in 

property values. 

Fiscal Year 2014 Ad Valorem tax 

estimates are based on preliminary 

valuation provide by the Property 

Appraiser’s Office on June 1, 2014. 

Due to the automatic 45 day filing 

extension on tangible personal 

property values, an additional 

$100,000 million in values was added 

to the June 1, 2013 valuations 

provided by the Property Appraiser. 

FY12 Budget: $104,955,281 

FY12 Actual: $105,069,896 

Attachment #1 

Page 10 of 62 

FY13 Budget: $104,367,480 

FY13 YTD Actual: $102,731,629 





Millions 

$6.0 

$5.0 

$4.0 

$3.0 

$2.0 

$1.0 

$0.0 

$4.56 

$4.09 $4.10 

$4.24 

STATE REVENUE SHARING TAX 

$4.37 

$4.15 


Budget 


Thousands 

$600 

$500 

$400 

$300 

$200 

$100 

$0 

October 

November 

December 

January 

February 

March 

April 

May 

$2.81 

FY13 YTD 

Actual 

June 

July 


$4.27 

$4.14 

FY13 FY14 Est. 

Projected 

Actual 

Budget 

August 

September 

Background: 

The Florida Revenue Sharing Act of 

1972 was an attempt by the 

Legislature to ensure a minimum 

level of parity across units of local 

government when distributing 

statewide revenue. Currently, the 

Revenue Sharing Trust Fund for 

Counties receives 2.9% of the net 

cigarette tax collections and 2.25% 

of sales and use tax collections. 

Effective July 1, 2004, the 

distribution formula reduced the 


reduction of approximately 10%. 

The sales and use tax collections 

provide approximately 96% of the 

total revenue shared with counties, 

with the cigarette tax collections 

making up the small remaining 

portion. These funds are collected 

and distributed on a monthly basis 

by the Florida Department of 

Revenue. 

Trend: 

Since FY08, Leon County 

experienced a decrease in state 

revenue sharing taxes due to the 

recession. The most recent trend 

has seen a leveling from the decline 

in statewide sales collections which 

is projected to continue for FY13. 

During the 2013 General Revenue 

Estimating Conference, the State 

expects to see modest positive 

growth in FY14 and the out-years. 

FY12 Budget: $4,107,800 

FY12 Actual: $4,371,005 

Attachment #1 

Page 11 of 62 

FY13 Budget: $4,150,550 

FY13 YTD Actual: $2,811,019 





Millions 

$16.0 

$14.0 

$12.0 

$10.0 

$8.0 

$6.0 

$4.0 

$2.0 

$0.0 

$10.47 

$10.29 

$9.79 

LOCAL GOVERNMENT ½ CENT SALES TAX 

$10.45 

$10.11 


Budget 


Millions 

$1.20 

$1.00 

$0.80 

$0.60 

$0.40 

$0.20 

October 

November 

December 

January 

February 

March 

April 

May 

$6.36 

FY13 YTD 

Actuals 

June 


$10.82 

FY13 

Projected 

Actuals 

July 

August 

$10.58 

FY14 Est. 

Budget 

September 

Background: 

The Local Government 1/2 Cent 

Sales Tax is based on 9.653% of net 

sales tax proceeds remitted by all 

sales tax dealers located within Leon 

County. Effective July 1, 2004, the 

distribution formula reduces the 


reduction of approximately 9.5%. The 

revenue is split 56.6% County and 

43.4% City based on a statutory 

defined distribution formula (Florida 

Statutes Part VI, Chapter 218). 

The amounts shown are the County’s 

share only. 

Trend: 

Sales tax revenue steadily declined 

from FY09 – FY11, a trend that ended 

in FY12. Projected actuals for FY13 

and FY14 preliminary budget 

forecasts show an increase over the 

FY13 budget signaling a slow 

economic recovery. 

FY12 Budget: $10,173,550 

FY12 Actual: $10,445,949 

Attachment #1 

Page 12 of 62 

FY13 Budget: $10,110,850 

FY13 YTD Actual: $6,357,160 





$6.0 

$5.0 

$4.0 

$3.0 

$2.0 

$1.0 

$0.0 

Millions 

$5.53 

$4.62 

$3.92 

$3.59 

COMMUNICATION SERVICES TAX 

$3.15 


Budget 


$600 

$500 

$400 

$300 

$200 

$100 

$0 

Thousands 

$2.06 

FY13 YTD 

Actual 


$3.51 

FY13 

Projected 

Actuals 

$3.37 

FY14 Est. 

Budget 

Background: 

The Communication Services Tax 

combined 7 different State and local 

taxes or fees by replacing them with 

a 2 tiered tax, each with its own 

rate. These 2 taxes are (1) The 

State Communication Services Tax 

and (2) The Local Option 

Communication Services Tax. The 

County correspondingly eliminated 

its 5% Cable Franchise Fee and 

certain right of way permit fees. 

Becoming a Charter county allowed 

the County to levy at a rate of 

5.22%. This corresponds with the 

rate being levied by the City. The 

County increased the rate in 

February of 2004. 

Trend: 

Beginning in FY09, actual revenues 

began to decrease statewide. This 

trend is expected to hold for FY13 

with small growth over future fiscal 

years. 

In December 2008, the County 

received a $2.5 million audit 

adjustment from the State, 

distributed in the form of a $1.3 

million lump sum payment in 

December of FY09 with the 

remainder prorated in equal 

monthly payments of $33,429 from 

February 2009 until December 

2012. These monthly adjustment 

payments have been contemplated 

in the budget graphs, accounting for 

the higher than expected revenue 

figures in past years. 

FY12 Budget: $3,280,625 

FY12 Actual: $3,594,407 

Attachment #1 

Page 13 of 62 

FY13 Budget: $3,151,150 

FY13 YTD Actual: $2,056,736 





$8.00 

$7.00 

$6.00 

$5.00 

$4.00 

$3.00 

$2.00 

$1.00 

Millions 

$5.91 

$6.23 $6.21 

$7.27 

PUBLIC SERVICES TAX 

$6.57 


Budget 


Thousands 

$800 

$700 

$600 

$500 

$400 

$300 

$200 

$100 

$0 

October 

November 

December 

January 

February 

March 

April 

$3.97 

FY13 YTD 

Actual 

May 

June 

$6.01 

FY13 

Projected 

Actuals 

July 


$5.24 

FY14 Est. 

Budget 

August 

September 

Background: 

The Public Services Tax is a 10% 

tax levied upon each purchase of 

electricity, water, and metered or 

bottled gas within the 

unincorporated areas of the 

County. It is also levied at $.04 

per gallon on the purchase of fuel 

oil within the unincorporated areas 

of the County. 

Trend: 

Due to its consumption basis, this 

tax is subject to many variables 

including rates and usage. 

Revenues have steadily trended 

upward since FY09, however 

recently the City of Tallahassee 

determined it had incorrectly 

overpaid $2.1 million on the 

electric portion of the tax for the 

past three years. As such, future 

year’s revenue projections reflect 

the payback of these revenues 

through withholding over the next 

36 months. As shown in the 

monthly totals the payback began 

in March 2013. 

FY12 Budget: $6,533,150 

FY12 Actual: $7,266,951 

Attachment #1 

Page 14 of 62 

FY13 Budget: $6,568,300 

FY13 YTD Actual: $3,971,222 

FY13 Projected Actual: 6,068,746 




$4.50 

$4.00 

$3.50 

$3.00 

$2.50 

$2.00 

$1.50 

$1.00 

$0.50 

$0.00 

Millions 

$3.80 $3.79 $3.80 $3.86 

STATE SHARED GAS TAX 

$3.72 


Budget 


Thousands 

$375 

$350 

$325 

$300 

$275 

$250 

$225 

$200 

October 

November 

December 

January 

February 

March 

April 

May 

$1.87 

FY13 YTD 

Actuals 

June 


$3.82 

FY13 

Projected 

Actuals 

July 

August 

$3.62 

FY14 Est. 

Budget 

September 

Background: 

The State Shared Gas Tax 

consists of 2 discrete revenue 

streams: County Fuel Tax and the 

Constitutional Gas Tax. These 

revenues are all restricted to 

transportation related expenditures 

(Florida Statutes 206 and others). 

These revenue streams are 

disbursed from the State based on 

a distribution formula consisting of 

county area, population, and 

collection. 

Trend: 

This is a consumption based tax 

on gallons purchased. Prior to 

FY09 there was modest growth in 

this revenue stream. Decreased 

fuel consumption due to the 

recession and high fuel cost has 

caused a moderate decrease in 

gas tax revenue over time. 

In FY13, Leon County is 

anticipating collecting a slightly 

higher amount of gas tax revenues 

than originally budgeted based on 

current revenue received and 

revised highway fuel sales 

estimates from the Transportation 

Revenue Estimating Conference. 

FY14 projects a continued decline 

in this revenue. 

FY12 Budget: $3,691,700 

FY12 Actual: $3,860,907 

Attachment #1 

Page 15 of 62 

FY13 Budget: $3,718,300 

FY13 YTD Actual: $1,870,000 





Millions 

$6.00 

$5.25 

$4.50 

$3.75 

$3.00 

$2.25 

$1.50 

$0.75 

$0.00 

$1.33 

$3.44 

$1.34 

$3.48 

$1.27 

$3.43 

1.39 

3.61 

LOCAL OPTION GAS TAX 

$1.34 

$3.47 


Budget 


$500 

$450 

$400 

$350 

$300 

$250 

$200 

$150 

Thousands 

October 

November 

December 

January 

February 

March 

April 

May 

$0.66 

$1.70 

FY13 YTD 

Actuals 

June 

July 


$1.35 

$3.50 

FY13 

Projected 

Actuals 

August 

9th Cent 

Local 

September 

$1.24 

$3.35 

FY14 Est. 

Budget 

Background: 

9th Cent Gas Tax: This tax was a 

State imposed 1 cent tax on special 

and diesel fuel. Beginning in FY02, 

the County began to levy the amount 

locally on all fuel consumption. 

Local Option Gas Tax: This tax is a 

locally imposed 6 cents per gallon 

tax on every net gallon of motor and 

diesel fuel. Per an inter-local 

agreements, this revenue is shared 

50% - 50% for the first 4 cents 

between the City and County, and 

60% City and 40% County for the 

remaining 2 cents. This equates to 

the County 46% and the City 54%. 

Funds are restricted to transportation 

related expenditures. This gas tax 

will sunset in August 2015. 


County’s share only. 

Trend: 

This is a consumption based tax on 

gallons purchased. Since FY09, fuel 

consumption has fluctuated slightly 

due to unstable gas prices. 

In FY12, Leon County collected a 

slightly higher amount of gas tax 

revenue and anticipates similar 

levels in FY13 and out-years. The 

forecast of gas tax revenues has 

become increasingly uncertain as 

pump prices continue to fluctuate 

throughout the year. 

FY12 Budget: $4,743,350 

FY12 Actual: $5,009,139 

Attachment #1 

Page 16 of 62 

FY13 Budget: $4,807,950 

FY13 YTD Actual: $2,355,122 





5.0 

4.0 

3.0 

2.0 

1.0 

0.0 

Millions 

$3.45 

3.38 

$3.44 

$3.52 

LOCAL OPTION SALES TAX 

$3.39 


Budget 


Thousands 

$400.0 

$350.0 

$300.0 

$250.0 

$200.0 

$150.0 

$100.0 

$50.0 

$0.0 

October 

November 

December 

January 

February 

March 

April 

May 

$2.15 

FY13 YTD 

Actuals 

June 

$3.69 

FY13 

Projected 

Actuals 

July 

August 


September 

$3.59 

FY14 Est. 

Budget 

Background: 

In a November 2000 referendum, 

the sales tax was extended for an 

additional 15 years beginning in 

2004. The revenues are 

distributed at a rate of 10% to the 

County, 10% to the City, and 80% 

to Blueprint 2000. The Local 

Option Sales Tax is a 1 cent sales 

tax on all transactions up to 

$5,000. 


County's share only. 

Trend: 

Leon County anticipates collecting 

a slightly higher amount of local 

sales tax as budgeted in FY13. 

This indicates a recovering 

economy and a return of 

consumer spending. The FY14 

estimated budget continues the 

modest upward trend in expected 

consumer spending. 

FY12 Budget: $3,296,405 

FY12 Actual: $3,520,069 

Attachment #1 

Page 17 of 62 

FY13 Budget: $3,390,740 

FY13 YTD Actual: $2,149,986 





$4.5 

$4.0 

$3.5 

$3.0 

$2.5 

$2.0 

$1.5 

$1.0 

$0.5 

$0.0 

Millions 

$0.72 

$2.45 

0.71 

$2.84 

$0.71 

$2.99 

0.82 

$3.29 

LOCAL OPTION TOURIST TAX 

$0.82 

$3.28 


Budget 


$600 

$500 

$400 

$300 

$200 

$100 

$0 

October 

Thousands 

November 

December 

January 

February 

March 

April 

May 

$0.49 

$1.94 

FY13 YTD 

Actuals 

June 


$0.77 

$3.07 

FY13 

Projected 

Actuals 

July 

August 

$0.82 

$3.28 

FY14 Est. 

Budget 

September 

Background: 

The Local Option Tourist Tax is a 

locally imposed 5% tax levied on 

rentals and leases of less than 6month 

duration. This tax is 

administered locally by the Tax 

Collector. The funds are restricted to 

advertising, public relations, 

promotional programs, visitor 

services and approved special 

events (Florida Statute 125.014). 

This tax dedicates one cent to the 

performing arts center. 

On March 19, 2009, the Board 

approved to increase total taxes 

levied on rentals and leases of less 

than 6-month duration by 1%. The 

total taxes levied are now 5%. The 

additional 1% became effective on 

May 1, 2009. 

The additional 1% will be used for 

marketing as specified in the TDC 

Strategic Plan until October 2013. 

Trend: 

Subsiding recessionary economic 

conditions allowed for an increase in 

tourist tax revenue from FY09 to 

FY12. The additional one cent 

levied in May 2009, along with an 

increase in available rooms, 

increased rates, and an increase in 

the business travelers sector of the 

market contributed to the increase 

over the previous three years, while 

FY13 and FY14 revenues are 

projected to remain flat. 

FY12 Budget: $3,916,850 

FY12 Actual: $4,106,620 

Attachment #1 

Page 18 of 62 

FY13 Budget: $4,100,675 

FY13 YTD Actual: $2,428,964 





Millions 

$12.00 

$10.00 

$8.00 

$6.00 

$4.00 

$2.00 

$0.00 

$1.42 

$7.63 

$1.43 

$7.61 

$1.33 

$7.19 

$1.47 

$6.99 

SOLID WASTE FEES 

$1.46 

$7.37 


Budget 


Thousands 

$175.00 

$150.00 

$125.00 

$100.00 

$75.00 

$50.00 

$25.00 

$0.00 

October 

November 

December 

January 

February 

March 

April 

May 

Disposal 

Landfill - Transfer Station 

$1.36 

$4.18 

FY13 YTD 

Actuals 

June 

July 


$1.52 

$7.36 

FY13 

Projected 

Actuals 

August 

September 

FY14 Est. 

Budget 

Background: 

Solid Waste Fees are collected for 

sorting, reclaiming, disposing of 

solid waste at the County landfill and 

transfer station. Revenues collected 

will be used for the operation of all 

solid waste disposal sites. 

In October 2008, the Board entered 

into a contractual agreement with 

Marpan Recycling. The Solid Waste 

Management Facility is no longer 

accepting Class III waste as of 

January 1, 2009. This contract 

caused a decline in revenues at the 

Solid Waste Management Facility. 

However, expenditures have been 

adjusted to reflect the change in 

operations at the facility. 

Trend: 

The FY13 revenue increase results 

from an increase in the tipping fee, 

effective October 1, 2011. This 

balanced an expected decline in 

FY13 estimated revenues due to 

Wakulla County terminating its 

waste disposal agreement with the 

County in FY12. Currently, Leon 

County is negotiating a tipping fee 

with the City of Tallahassee due to 

reduced hauling rates. As such, the 

FY14 estimated forecast will remain 

unsolidified until the Board adopts a 

fee structure at the July budget 

workshops. 

FY12 Budget: $8,458,990 

FY12 Actual: $8,468,423 

Attachment #1 

Page 19 of 62 

FY13 Budget: $8,831,313 

FY13 YTD Actual: $5,541,725 


FY14 Estimated Budget* 

*Tipping fees are being settled subsequent to 

final negotiations with the City of Tallahassee. 

Note: The Monthly Totals table does not 

include the Disposal Fee revenue as it is 

mainly collected in November and December 

which would skew the data. 



$2.0 

$1.8 

$1.6 

$1.4 

$1.2 

$1.0 

$0.8 

$0.6 

$0.4 

$0.2 

$0.0 

Millions 

$1.22 

$1.27 

$1.05 

$1.32 

BUILDING PERMIT FEES 

$0.96 


Budget 


Thousands 

$250 

$200 

$150 

$100 

$50 

$0 

October 

November 

December 

January 

February 

March 

April 

May 

$0.91 

FY13 YTD 

Actuals 

June 


$1.40 

FY13 

Projected 

Actuals 

July 

August 

$1.20 

FY14 Est. 

Budget 

September 

Background: 

Building Permit Fees are derived 

from developers of residential and 

commercial property and are 

intended to offset the cost of 

inspections to assure that 

development activity meets local, 

State and federal building code 

requirements. The County only 

collects these revenues for 

development occurring in the 

unincorporated area. As a result 

of a fee study, the Board adopted 

the first revised fee study in more 

than ten years. The fee increase 

was implemented in three phases: 

34% on March 1, 2007; 22% on 

October 1, 2007; and a final 7% on 

October 1, 2008. 

Trend: 

Due to the housing market and 

construction beginning to show 

signs of recovery, this revenue 

stream shows projections 

returning to FY09 and FY10 levels. 

A small spike in FY12 revenues 

due to a one month increase in 

fees from multifamily permitting 

shows the slow turn from a 

consistent downward trend. The 

FY13 projected actuals 

contemplate a continued rebound. 

FY12 Budget: $994,175 

FY12 Actual: $1,324,592 

Attachment #1 

Page 20 of 62 

FY13 Budget: $960,925 






$1.6 

$1.4 

$1.2 

$1.0 

$0.8 

$0.6 

$0.4 

$0.2 

$0.0 

Millions 

$1.19 

$0.82 $0.80 

$0.55 

ENVIRONMENTAL PERMIT FEES 

$0.61 


Budget 


Thousands 

$120 

$100 

$80 

$60 

$40 

$20 

$0 

October 

November 

December 

January 

February 

March 

April 

May 

$0.44 

FY13 YTD 

Actuals 

June 

$0.75 

FY13 

Projected 

Actuals 

July 


August 

September 

$0.60 

FY14 Est. 

Budget 

Background: 

Environmental Permit Fees are 

derived from development projects 

for compliance with stormwater, 

landscape, tree protection, site 

development and zoning, and 

subdivision regulations. As a result 

of a fee study, the Board adopted a 

revised fee resolution effective 

October 1, 2006. Effective October 

1, 2008, these fees were adjusted 

upward by 20%. 

Trend: 

Environmental Permit Fees have 

experienced a sharp decrease 

correlating with the start of the 

recession in FY08. 

The persistent negative economic 

conditions in the construction 

industry continue to diminish 

revenue collection. To offset this 

decline in revenue, eight positions 

were eliminated in FY10. Recent 

development activity suggests a 

rebound in projected revenue 

collections for FY13. However, 

budgeted revenues are projected to 

remain consistent in FY14. 

FY12 Budget: $956,560 

FY12 Actual: $553,019 

Attachment #1 

Page 21 of 62 

FY13 Budget: $608,095 


FY13 Projected Actual: $750,042 

FY14 Estimated Budget: $598,975 



$11 

$9 

$7 

$5 

$3 

$1 

Millions 

$8.20 

$9.03 $8.89 

10.67 

AMBULANCE FEES 

$8.85 


Budget 


$1.20 

$0.90 

$0.60 

$0.30 

$0.00 

Millions 

October 

November 

December 

January 

February 

March 

April 

May 

$6.40 

FY13 YTD 

Actuals 

June 


$9.20 

FY13 

Projected 

Actuals 

July 

August 

$8.30 

FY14 Est. 

Budget 

September 

Background: 

Leon County initiated its 

ambulance service on January 1 st 

of 2004. Funding for the program 

comes from patient billings and a 

Countywide Municipal Services 

Tax. The amounts shown are the 

patient billings only. 

The EMS system bills patients 

based on the use of an ambulance 

transport to the hospital. As with a 

business, the County has an 

ongoing list of patients/insurers 

that owe the County monies 

(outstanding receivables). In 

FY08, the County established a 

collection policy to pursue 

uncollected bills, and to allow the 

write-off of billings determined 

uncollectible. 

Trend: 

An analysis of collections indicates 

a steady increase since FY09 due 

to rising call volumes and 

improved collection efficiency. 

This steady increase has offset 

the corresponding decline in 

dedicated property taxes that also 

fund ambulance services, resulting 

from the decline in property values 

and an established maximum 

annual millage rate. 

FY12 Budget: $9,167,500 

FY12 Actual: $10,672,122 

Attachment #1 

Page 22 of 62 

FY13 Budget: $8,854,000 

FY13 YTD Actual: $6,396,012 





$1.40 

$1.20 

$1.00 

$0.80 

$0.60 

$0.40 

$0.20 

$0.00 

Millions 

$1.18 

$0.99 

$1.18 

PROBATION AND PRE-TRIAL FEES 

$1.12 

$1.03 


Budget 


Thousands 

$140 

$120 

$100 

$80 

$60 

$40 

$20 

$0 

October 

November 

December 

January 

February 

March 

April 

May 

$0.65 

FY13 YTD 

Actuals 

June 


$1.08 

FY13 

Projected 

Actuals 

July 

August 

September 

$1.02 

FY14 Est. 

Budget 

Background: 

The Probation Fees are a 

combination of County court 

probation fees, alternative 

community service fees, no-show 

fees (all governed by Florida 

Statute 948) and pre-trial release 

fees (governed by an 

Administrative Order). These 

fees are collected from individuals 

committing infractions that fall 

within the jurisdiction of Leon 

County Courts. The amount of 

each individual fee is expressly 

stated in either the Florida Statute 

or the Administrative Order. 

Trend: 

Revenues collected through 

Probation and Pre-Trial fees have 

remained relatively steady since 

FY09. However, FY10 revenues 

were lower than previous years 

due to a decline in Probation and 

Pre-Trial caseloads, associated 

with early termination of 

sentences and a decrease in 

court ordered GPS pre-trial 

tracking. FY13 and FY14 

anticipated revenue is expected 

to decrease slightly as the 

number of judicial fee waivers 

continues. With the creation of an 

on-site urinalysis testing program, 

an increase in the number of 

alcohol testing fees is expected. 

Without the addition of the 

urinalysis program, revenues from 

the existing probation and pre-trial 

programs would see a greater 

decline. 

FY12 Budget: $1,119,005 

FY12 Actual: $1,123,094 

FY13 Budget: $1,027,520 



FY14 Estimated Budget: 

$1,024,385 

Attachment #1 

Page 23 of 62 



$2.0 

$1.8 

$1.6 

$1.4 

$1.2 

$1.0 

$0.8 

$0.6 

$0.4 

$0.2 

$0.0 

Millions 

$0.69 

$1.10 

$1.34 $1.36 $1.36 


Budget 


Thousands 

$180 

$160 

$140 

$120 

$100 

$80 

$60 

$40 

$20 

$0 

COURT FACILITIES FEES 

$0.84 

FY13 YTD 

Actuals 


$1.48 

FY13 

Projected 

Actuals 

$1.38 

FY14 Est. 

Budget 

Background: 

Court Facilities Fees are established 

to fund “state court facilities” as 

defined in Chapter 29, Florida 

Statutes (2009). In FY09 the County 

collected $1.9 million but expended 

more than $11 million on behalf of 

the State Court system. On June 

19, 2009 SB2108 was approved 

permitting counties to change the 

surcharge placed on non-criminal 

traffic infractions from $15 to $30. 

The Board approved the increase in 

surcharges on August 25, 2009. 

Trend: 

In FY09 Court Facilities Fees were in 

a continued decline from previous 

fiscal years. By the first quarter in 

FY10, revenues began to show 

improvement from the approved fee 

increase. As the first two years with 

the approved fee increase, FY11 

and FY12 amounts are used to 

establish the base for moderate 

revenue increases in FY13 and 

FY14. 

FY12 Budget: $1,249,250 

FY12 Actual: $1,362,802 

Attachment #1 

Page 24 of 62 

FY13 Budget: $1,358,500 






Fiscal Year 2013 Adopted Budget 

FY 2012 2013 Mid-Year Annual Performance and and Financial Report 

Attachment #1 

Page 25 of 62 





Board of County Commisioners 

County Commission 

001 100 County Commission 1,214,235 667,817 546,418 45.00% 

001 101 District 1 9,500 4,029 5,471 57.58% 

001 102 District 2 9,500 920 8,580 90.31% 

001 103 District 3 9,500 210 9,290 97.79% 

001 104 District 4 9,500 3,251 6,249 65.78% 

001 105 District 5 9,500 3,355 6,146 64.69% 



001 108 Commissioners Account 24,065 7,021 17,044 70.83% 

Subtotal: 1,304,800 694,749 610,051 46.75% 


Country Administration 

001 110 Country Administration 533,160 295,303 237,857 44.61% 

Strategic Initiatives 

001 115 Strategic Initiatives 820,719 481,138 339,581 41.38% 

Human Resources 

001 160 Human Resources 1,185,071 574,750 610,321 51.50% 

Management Information Systems 

001 171 Management Information Systems 5,258,278 3,272,647 1,985,631 37.76% 

001 421 Geographic Information Services 1,830,088 1,171,948 658,140 35.96% 


001 411 Public Safety Complex Technology 248,799 2,193 246,606 99.12% 

Subtotal: 9,876,115 5,797,979 4,078,136 41.29% 


001 120 County Attorney 1,813,718 1,024,541 789,177 43.51% 

Subtotal: 1,813,718 1,024,541 789,177 43.51% 

106 400 Support Services 1,069,286 321,057 748,229 69.97% 

106 978 Public Works Chargebacks -675,000 -391,500 (283,500) 42.00% 

106 431 Transportation 4,375,001 1,819,195 2,555,806 58.42% 

106 432 Right-of-Way 2,054,878 1,037,102 1,017,776 49.53% 

123 433 Stormwater Maintenance 2,821,002 1,285,594 1,535,408 54.43% 

106 414 Engineering Services 2,908,875 1,408,533 1,500,342 51.58% 

505 425 Fleet Maintenance 3,460,656 1,412,905 2,047,751 59.17% 

001 216 Mosquito Control 577,067 231,284 345,783 59.92% 

125 214 Mosquito Control Grant 3 



Operations 


Fleet Maintenance 

Mosquito Control 

18,500 0 18,500 100.00% 

Parks & Recreation 

140 436 Parks & Recreation 2,464,033 1,017,345 1,446,688 58.71% 

Subtotal: 19,074,298 8,141,515 10,932,783 57.32% 

Department of Development Support & Env. Mgt 

Building Inspection 

120 220 Building Inspection 1,027,174 518,759 508,415 49.50% 

Environmental Compliance 

121 420 Environmental Compliance 1,242,959 677,241 565,718 45.51% 

Development Services 

121 422 Development Services 662,666 322,829 339,837 51.28% 

Permit Compliance 

121 423 Permit Compliance 490,244 234,212 256,032 52.23% 


121 424 Support Services 342,946 169,437 173,509 50.59% 

DEP Storage Tank 

125 866 DEP Storage Tank 153,955 79,311 74,644 48.48% 

Subtotal: 3,919,944 2,001,788 1,918,156 48.93% 

3 




Attachment #1 

Page 26 of 62 






Department of Facilities Management 


001 150 Facilities Management 7,241,753 3,442,197 3,799,556 52.47% 

Real Estate Management 

001 156 Real Estate management 217,248 122,674 94,574 43.53% 

Bank of America 

165 154 Bank of America 791,285 306,622 484,663 61.25% 

Huntington Oaks Plaza Operating 

166 155 Huntington Oaks Plaza Operating 92,775 40,591 52,184 56.25% 


001 410 Public Safety Complex 824,639 6,462 818,177 99.22% 

Subtotal: 9,167,700 3,918,546 5,249,154 57.26% 

001 402 Capital Regional Transportation Planning Agency 217,646 119,315 98,331 45.18% 

001 403 Blueprint 2000 1 

Department of PLACE 

Capital Regional Transportation Planning Agency 

Blueprint 2000 

61,082 32,873 28,209 46.18% 

Planning Department 

001 817 Planning Department 991,471 330,306 661,165 66.69% 

Subtotal: 1,270,199 482,494 787,705 62.01% 



001 130 Office of Management and Budget 576,090 320,325 255,765 44.40% 

Purchasing 

001 140 Procurement 230,626 120,034 110,592 47.95% 

001 141 Warehouse 123,144 50,375 72,769 59.09% 

001 142 Property Control 47,026 26,530 20,496 43.58% 

Risk Management 

501 132 Risk Management 229,490 115,487 114,003 49.68% 

501 821 Workers Compensation Management / Insurance 2,763,400 2,038,294 725,106 26.24% 

Subtotal: 3,969,776 2,671,046 1,298,730 32.72% 

Office of Economic Development & Business Partnerships 

Tourist Development 

160 301 Administration 524,999 257,931 267,068 50.87% 

160 302 Advertising 912,500 378,437 534,063 58.53% 

160 303 Marketing 1,086,160 494,527 591,633 54.47% 

160 304 Special Projects 150,000 29,168 120,832 80.55% 

160 305 1 Cent Expenditures 5,162,282 263,708 4,898,574 94.89% 

Econ. Dev. / Intergovernmental Affairs 

001 114 Econ. Dev. / Intergovernmental Affairs 508,483 333,041 175,442 34.50% 

M/W Small Business Enterprise 

001 112 M/W Small Business Enterprise 231,804 99,264 132,540 57.18% 

Subtotal: 8,576,228 1,856,076 6,720,152 78.36% 

Office of Public Services 


001 240 Policy, Planning & OPS 889,927 404,585 485,342 54.54% 

001 241 Public Library Services 2,482,313 1,190,592 1,291,721 52.04% 

001 242 Collection Services 814,986 414,167 400,819 49.18% 

001 243 Extension Services 2,332,415 1,210,851 1,121,564 48.09% 


135 185 Emergency Medical Services 13,626,037 7,472,078 6,153,959 45.16% 

Animal Services 

140 201 Animal Services 1,935,688 486,233 1,449,455 74.88% 

Subtotal: 22,081,366 11,178,506 10,902,860 49.38% 




Attachment #1 

Page 27 of 62 





Office of Intervention & Detention Alternative 

County Probation 

111 542 County Probation Division 1,075,635 560,456 515,179 47.90% 

Supervised Pretrial Release 

111 544 Pretrial Release 972,498 485,013 487,485 50.13% 

Drug & Alcohol Testing 

111 599 Drug and Alcohol Testing 139,686 81,422 58,264 41.71% 

FDLE JAG Grant Pretrial 

125 982058 FDLE JAG Grant Pretrial 119,740 76,089 43,651 36.46% 

Subtotal: 2,307,559 1,202,980 1,104,579 47.87% 


Office of Human Services & Community Partnerships 

Veteran Services 

001 390 Veteran Services 307,116 144,096 163,020 53.08% 

Volunteer Center 

001 113 Volunteer Center 161,077 71,534 89,543 55.59% 


001 371 Housing Services 425,176 210,126 215,050 50.58% 

161 808 Housing Finance Authority 230,495 0 230,495 100.00% 


001 370 Social Service Programs 5,963,579 1,824,409 4,139,170 69.41% 

Health Department 

001 190 Health Department 237,345 59,336 178,009 75.00% 

Primary Health Care 

001 971 Primary Health Care 1,830,738 765,224 1,065,514 58.20% 

SHIP 2011-2014 

124 932043 SHIP 2011-2014 144,581 7,275 137,306 94.97% 

Subtotal: 9,300,107 3,082,001 6,218,107 66.86% 

Office of Resource Stewardship 


001 361 Extension Education 520,297 245,333 274,964 52.85% 

Office of Sustainability 

001 127 Office of Sustainability 274,154 116,305 157,849 57.58% 

Solid Waste 

401 435 Landfill Closure 546,483 0 546,483 100.00% 

401 437 Rural Waste Collection Centers 878,398 431,710 446,688 50.85% 

401 441 Transfer Station Operations 6,053,235 3,451,961 2,601,274 42.97% 

401 442 Landfill 2,083,622 1,009,977 1,073,645 51.53% 

401 443 Hazardous Waste 560,457 361,611 198,846 35.48% 

401 471 Residential Drop Off Recycling 293,670 100,272 193,398 65.86% 

Subtotal: 11,210,316 5,717,169 5,493,147 49.00% 

110 537 Circuit Court Fees 439,981 183,325 256,656 58.33% 

001 132 Clerk Finance 1,403,766 584,903 818,864 58.33% 

001 512 Property Appraiser 4,326,795 3,247,394 1,079,401 24.95% 

110 510 Law Enforcement 31,330,378 20,886,919 10,443,459 33.33% 

110 511 Corrections 29,952,612 19,968,408 9,984,204 33.33% 

125 864 Emergency Management 3 

Constitutional Officers 

121,155 0 121,155 100.00% 

130 180 Enhanced 911 1,656,447 720,291 936,156 56.52% 

2 

Clerk of the Circuit Court 

Property Appraiser 

Sheriff 

060 520 Voter Registration 1,834,949 939,560 895,389 48.80% 

060 521 Elections 1,200,855 952,371 248,484 20.69% 

060 525 SOE Grants 3 

Supervisor of Elections 

53,801 53,801 0 0.00% 








Tax Collector 

001 513 General Fund Property Tax Commissions 4,278,000 4,008,781 269,219 6.29% 

145 513 Fire Service Fee 18,447 16,926 1,521 8.24% 

123 513 Stormwater Utility Non Ad-Valorem 133,797 0 133,797 100.00% 

135 513 Emergency Medical Services MSTU 33,080 23,380 9,700 29.32% 

162 513 Special Assessment Paving 6,400 4,202 2,198 34.35% 

164 513 Sewer Services Killearn Lakes I and II 5,000 4,165 835 16.70% 

401 513 Landfill Non-Ad Valorem 30,748 24,562 6,186 20.12% 

Subtotal: 76,826,211 51,618,988 25,207,223 32.81% 

Judicial Officers 

Court Administration 

001 540 Court Administration 280,703 86,879 193,824 69.05% 

001 547 Guardian Ad Litem 20,006 9,565 10,441 52.19% 

110 532 State Attorney 106,945 74,114 32,831 30.70% 

110 533 Public Defender 130,450 21,572 108,878 83.46% 

110 555 Legal Aid 124,297 60,792 63,505 51.09% 

114 586 Teen Court 133,751 81,894 51,857 38.77% 

117 509 Alternative Juvenile Program 77,136 40,005 37,131 48.14% 

117 546 Law Library 52,203 8,774 43,430 83.19% 

117 548 Judicial/Article V Local Requirements 74,562 74,562 0 0.00% 

117 555 Legal Aid 52,203 38,500 13,703 26.25% 

Subtotal: 1,052,256 496,657 555,599 52.80% 

Non-Operating 

Line Item Funding 

001 888 Line Item Funding 1,076,059 804,381 271,678 25.25% 

160 888 Council on Culture and Arts Regranting 504,500 504,500 0 0.00% 


140 838 City Payment, Tallahassee (Parks & Recreation) 1,122,249 539,145 583,104 51.96% 

145 838 City Payment, Tallahassee (Fire Fees) 5,879,213 0 5,879,213 100.00% 

164 838 City Payment, Tallahassee (Killearn Lakes Sewer) 232,500 0 232,500 100.00% 

Other Non-Operating 

001 278 Summer Youth Employment 74,265 21 74,244 99.97% 

001 379 Youth Sports Teams 4,750 500 4,250 89.47% 

001 820 Insurance Audit, and Other Expenses 866,481 562,460 304,021 35.09% 

001 831 Tax Deed Applications 62,500 0 62,500 100.00% 

110 508 Diversionary Program 200,000 104,605 95,395 47.70% 

110 620 Juvenile Detention Payment - State 1,250,000 754,307 495,693 39.66% 

116 800 Drug Abuse 51,940 40,028 11,912 22.93% 

140 843 Volunteer Fire Department 512,479 304,842 207,637 40.52% 

131 529 800 MHZ System Maintenance 1,057,250 946,810 110,440 10.45% 

502 900 Communications Control 481,695 276,303 205,392 42.64% 

001 972 CRA-TIF PAYMENT 1,384,507 1,334,305 50,202 3.63% 

Interdepartmental Billing 

Countywide Automation 210,321 0 210,321 100.00% 

Indirects (Internal Cost Allocations) -5,766,235 -5,766,235 0 0.00% 

Risk Allocations 1,130,302 750,209 380,093 33.63% 

Subtotal: 10,334,776 1,156,181 9,178,595 88.81% 

Total Operating 

Total Non-Operating 

Total CIP 

Operating Grants 

Non Operating Grants 

Total Debt Service 

Total Reserves 

TOTAL NET EXPENDITURES: 

181,813,861 100,063,262 81,750,599 44.96% 

16,101,011 6,915,507 9,185,504 57.05% 

87,939,423 17,652,767 70,286,656 79.93% 

491,992 140,387 351,605 71.47% 

11,711,009 2,807,599 8,903,410 76.03% 

40,356,135 15,011,976 25,344,159 62.80% 

9,997,390 0 9,997,390 100.00% 

348,410,821 142,591,499 205,819,322 

Attachment #1 

Page 28 of 62 

Notes: 

1. The Public Safety Complex budget was established to fund the salary and benefits and for maintenance, repair and information systems costs . Total expenses are shared 

with the City of Tallahassee 

2. Expenses reflect budgted transfers to the Consititutional Officers and do not reflect excess fees or unexpended funds returned to the Board as revenue, as required by the 


3. Operating Grants include Mosquito Control, DEP Storage Tank, SHIP, Emergency Management and Elections. 

59.07% 






General & Fine and Forfeiture Funds * 

001 General Fund 17,869,005 32,260,401 27,380,660 55,030,468 50% 

110 Fine and Forfeiture Fund 13,864,143 2,771,245 2,562,834 64,002,160 4% 

Special Revenue Funds 

Subtotal: 31,733,147 35,031,646 29,943,495 119,032,628 25% 

106 County Transportation Trust Fund 6,581,610 4,573,264 5,299,096 13,340,496 40% 

111 Probation Services Fund 1,049,059 805,929 985,649 2,633,554 37% 

114 Teen Court Fund 153,277 160,385 163,043 143,470 114% 

116 Drug Abuse Trust Fund (C) 31,465 10,836 3,495 47,770 7% 

117 Judicial Programs Fund 197,711 7,804 0 263,584 0% 

120 Building Inspection Fund (D) 461,848 726,101 846,305 1,200,631 70% 

121 Development Support Fund (D) 993,612 947,700 951,519 3,202,482 30% 

122 Mosquito Control Fund (E) 867,629 N/A N/A N/A N/A 

123 Stormwater Utility Fund 2,371,441 870,700 1,026,258 5,106,249 20% 

124 Ship Trust Fund 60 181 0 0 N/A 

125 Grants 235,925 194,169 253,389 616,543 41% 

125 Capacity Fees (F) 1,421,785 1,399,517 0 0 N/A 

126 Non-Countywide General Revenue Fund (G) 5,339,665 4,051,182 5,277,048 18,142,911 29% 

127 Grants (H) 133,482 172,681 189,378 60,000 N/A 

130 911 Emergency Communications Fund 497,865 498,046 672,849 1,170,400 57% 

131 Radio Communications Systems Fund (I) 996,376 576,864 148,458 1,065,791 14% 

135 Emergency Medical Services Fund (J) 6,576,061 8,850,568 7,875,381 16,276,284 48% 

140 Municipal Service Fund 3,651,748 2,837,041 1,728,641 6,616,465 26% 

145 Fire Services Fund 847,864 461,994 301,912 6,394,772 5% 

160 Tourist Development Fund (1st - 3rd & 5th Cent) (J) 987,699 1,588,471 1,409,849 3,215,785 44% 

160 Tourist Development Fund - 4th Cent (K) 4,094,990 4,094,990 3,522,861 783,750 449% 

161 Housing Finance Authority Fund (L) 870,900 896,829 707,197 30,495 2319% 

162 Special Assessment Paving Fund 603,459 1,140,261 1,269,929 332,460 382% 

164 Killearn Lakes Units I and II Sewer Fund 29,365 3,025 3,025 237,500 1% 

165 Bank of America Building Op. Fund 2,914,032 2,599,522 2,688,675 2,319,458 116% 

166 Huntington Oaks Plaza Fund 261,146 489,477 469,937 251,791 187% 

Debt Service Funds 


* The combined fund balances for the general and fine and forfeiture funds fall within the allowable range of the County Reserve Policy, which 

requires a minimum of 15% and a maximum of 30% reserve. 

Subtotal: 42,170,073 37,957,536 35,793,895 83,452,641 43% 

211 Debt Service - Series 2003 A&B 19,494 20,016 17,216 954,880 

216 Debt Service - Series 1998B 141,987 142,788 142,788 2,830,195 

220 Debt Service - Series 2004 126,575 126,836 126,836 5,098,019 

Subtotal: 288,056 289,641 286,841 8,883,094 

Attachment #1 

Page 29 of 62 







Capital Projects Funds 

305 Capital Improvements Fund (M) 45,905,556 44,952,099 14,928,168 

306 Gas Tax Transportation Fund 2,344,364 2,759,818 370,294 

308 Local Option Sales Tax Fund (N) 26,154,707 24,487,497 3,999,669 

309 Local Option Sales Tax Extension Fund 7,748,941 8,123,268 2,927,561 

311 Construction Series 2003 A&B Fund 362,124 159,818 6,493 

318 1999 Bond Construction Fund 544,727 514,702 17,769 

320 Construction Series 2005 819,954 836,491 15,110 

321 Energy Savings Contract ESCO Capital Fund 29,535 19,961 20,193 

330 911 Capital Projects Fund 2,166,934 2,298,982 1,717,444 

341 Countywide Road District Fund - Impact Fee 1,992,830 2,029,339 308,945 

343 NW Urban Collector Fund - Impact Fee 468,636 437,226 64,140 

344 SE Urban Collector Fund - Impact Fee 869,062 493,100 109,617 

Enterprise Funds 

Subtotal: 89,407,370 87,112,300 24,485,402 

401 Solid Waste Fund (O) 6,998,573 6,116,122 4,888,044 

Internal Service Funds 

Subtotal: 6,998,573 6,116,122 4,888,044 

501 Insurance Service Fund 7,494,505 2,234,940 2,179,328 

502 Communications Trust Fund 43,712 53,359 0 

505 Motor Pool Fund (5,075) 15,242 0 

Subtotal: 7,533,142 2,303,541 2,179,328 

TOTAL: 178,130,361 168,810,786 97,577,004 

Attachment #1 

Page 30 of 62 

In addition to funding for budgeted 

capital projects, the balances for 

funds 305 and 308 reflect capital 

reserves budgeted during FY11 as 

"sinking funds" for maintaining 

existing County infrastructure. 

Balances committed for specific 

capital projects not completed during 

the fiscal year will be carried forward 

into the FY12 budget unless 

otherwise noted. 

Notes: 

A. Balances are estimated as year ending for FY 2013. 

B. FY 2013 percentage estimates are only provided for General and Special Revenue funds. Capital Projects, Enterprise and Internal Service funds maintain differing levels of 

balances depending upon on-going capital project requirements and other audit requirements. The percentages for the other funds are intended to show compliance with the 

County's policy for maintaining sufficient balances. 

C. The reduction in fund balance is due to the decline in revenue from this program associated with fee waivers. The Court Administration is currently reviewing the program 

to see how it can be funded within the existing revenue stream. 

D. The increase in the Building fund balance and the leveling of the Development Support fund balance is reflective of an increase in building and development permitting. 

E. Fund 122 was closed in FY12 and realigned under fund 001 due to the majority of funding coming from general revenue. The existing fund balance in fund 122 was 

transferred to the general fund at that time. 

F. The fund balance reflects the portion of the grant fund that relates to the collection of fees that are not truly grants but need to be placed in a discrete funding account such 

as the concurrency capacity payments. These funds are budgeted within the budget cycle. 

G. Non countywide general revenue includes state shared and 1/2 cent sales tax. This fund is used to account for non countywide general revenue sources. Funds are not 

expended directly from the fund, but are transferred to funds that provide non countywide services. 

H. This fund is used to separate grants that are interest bearing grants. 

I. The Radio Communications Systems Fund is used to account for the digital radio system. These funds were previously reflected in Fund 331. 

J. The Emergency Medical Services (EMS) fund balance reflects a decline in the receipt of ambulance fee billings. 

K. The Tourist Development Tax is reflected in two separate fund balances: the first three cents supports the Tourist Development Council activities and the fourth cent is 

dedicated towards the Performing Arts Center. The Board approved the levying of a 5th cent effective May 1, 2009. The reduction in the Performing Arts fund balance reflects 

funds transferred to Blueprint 2000 for the construction of the outdoor amphitheater in Cascades Park. 

L. The fund balance reflects a gain from investments through previous bond issues. 

M. The fund balance reflects the remaining capital reserves budgeted during FY 2013 as a "sinking fund" for maintaining existing County infrastructure for the next five years. 

N. The fund balance reflects the remaining capital reserves budgeted during FY 2013 as a "sinking fund" for maintaining existing infrastructure associated with the initial local 

option tax. These reserves are projected to be depleted by FY15. 

O. Amount reflected in unrestricted retained earnings. The decline was anticipated due to the budgeting of $1.6 million in fund balance to cover operating expenditures in FY 

2013. 




CAPITAL IMPROVEMENT PROGRAM SUMMARY 

# of % of CIP Adjusted YTD % of Budget Project 

Project Service Types Projects Budget Budget Activity Committed Balance 

Culture and Recreation 22 10.8% 9,475,368 1,777,993 18.8% 7,697,375 

General Government 35 10.8% 9,526,676 2,774,271 29.1% 6,752,405 

Attachment #1 

Page 31 of 62 

Health and Safety 6 21.8% 19,202,370 6,796,084 35.4% 12,406,286 

Physical Environment 31 21.3% 18,764,645 1,688,009 9.0% 17,076,636 

Transportation 22 35.2% 30,970,364 4,616,410 14.9% 26,353,954 

TOTAL 116 100% $87,939,423 $17,652,767 20.1% $70,286,656 

Notes: This Capital Improvement Program Summary reflects the adjusted budget and year to date activity from October 1, 2012 to April 

25, 2013. 






045001 Apalachee Parkway Regional Park 819,693 

046008 Athletic Field Lighting 22,866 

085001 Eastside Library 60,000 

042005 Fort Braden Community Park 75,000 

082003 Fort Braden Renovations 28,000 

043007 Fred George Park 1,189,873 

046009 Greenways Capital Maintenance 165,087 

083001 Lake Jackson Branch Library 1,242,868 

076011 Library Services Technology 42,000 

086053 Main Library Improvements 166,278 

044002 Miccosukee Community Park 709,929 

044003 Miccosukee Greenways 533,166 

044001 Northeast Community Park 398,000 

046007 New Vehicles and Equipment 258,198 

043008 Okeeheepkee Prairie Park 802,554 

046001 Parks Capital Maintenance 513,926 

045007 Pedrick Road Pond Walking Trail 204,104 

046006 Playground Equipment Replacement 276,111 

047001 St. Marks Headwaters 1,709,538 

043010 Stoneler Road Park 175,000 

043003 Tower Road Park 33,177 

041002 Woodville Community Park 50,000 

TOTAL CULTURE AND RECREATION 

9,475,368 

086011 Architectural & Engineering Services 86,196 

086025 BOA Building Acquisition/Renovations 2,053,984 

086054 Centralized Storage Facility 131,258 

086017 Common Area Furnishings 25,000 

086062 Community Services Building Roof Replacement 60,000 

086024 Courthouse Repairs 1,136,225 

086016 Courthouse Security 20,000 

086007 Courtroom Minor Renovations 178,854 

076023 Courtroom Technology 100,000 

076003 Data Wiring 25,000 

076004 Digital Phone System 150,000 

076063 E-filing System for Court Documents 138,200 

096015 Election Equipment 1,446,161 

076048 Electronic Timesheets 4,801 

086037 Elevator Generator Upgrades 632,250 

076008 File Server Maintenance 262,283 

076001 Financial Hardware and Software 29,119 

076055 GEM Technology 14,616 

086057 General County Maintenance and Minor Renovations 85,000 

026003 General Vehicle & Equipment Replacement 322,490 

083002 Huntington Oaks Plaza Building Improvements 429,033 

096019 Local Economic Stimulus Program 355,600 

076064 MIS Data Center/ Elevator Halon System 70,000 

076044 MIS Disaster Recovery 250,000 

076018 Network Backbone Upgrade 80,000 

086033 Parking Lot Maintenance 261,218 

076045 Property Appraiser Technology 178,167 

076051 Public Defender Technology 30,000 

076061 Records Management 205,584 

086041 Reduction of Emissions/Energy Improvements 238,792 

076047 State Attorney Technology 30,000 

076005 Supervisor of Elections Technology 25,000 

076024 User Computer Upgrades 448,123 

076042 Work Order Management 23,722 

TOTAL GENERAL GOVERNMENT 

CULTURE AND RECREATION 

GENERAL GOVERNMENT 

9,526,676 

175,007 

21.4% 644,686 

- 

0.0% 22,866 

8,690 

14.5% 51,310 

842 

1.1% 74,158 

23,975 

85.6% 4,025 

20,293 

1.7% 1,169,580 

91,443 

55.4% 73,644 

727,395 

58.5% 515,473 

4,624 

11.0% 37,376 

10,953 

6.6% 155,325 

18,232 

2.6% 691,697 

56,423 

10.6% 476,743 

338,000 

84.9% 60,000 

169,307 

65.6% 88,891 

35,588 

4.4% 766,966 

83,509 

16.2% 430,417 

- 

0.0% 204,104 

- 

0.0% 276,111 

- 

0.0% 1,709,538 

13,711 

7.8% 161,289 

- 

0.0% 33,177 

- 

0.0% 50,000 

$1,777,993 18.8% $7,697,375 

51,752 

1,160,777 

34,485 

719 

6,609 

153,923 

- 

3,836 

4,549 

2,334 

145,478 

- 

- 

2,727 

46,032 

200,744 

2,156 

- 

13,954 

163,902 

249,754 

- 

- 

- 

60,361 

- 

88,760 

16,089 

53,000 

65,321 

- 

11,423 

233,769 

1,819 

2,774,271 

Attachment #1 

Page 32 of 62 

60.0% 34,444 

56.5% 893,207 

26.3% 96,773 

2.9% 24,281 

11.0% 53,391 

13.5% 982,302 

0.0% 20,000 

2.1% 175,018 

4.5% 95,451 

9.3% 22,666 

97.0% 4,522 

0.0% 138,200 

0.0% 1,446,161 

56.8% 2,074 

7.3% 586,218 

76.5% 61,540 

7.4% 26,963 

0.0% 14,616 

16.4% 71,046 

50.8% 158,588 

58.2% 179,279 

0.0% 355,600 

0.0% 70,000 

0.0% 250,000 

75.5% 19,639 

0.0% 261,218 

49.8% 89,407 

53.6% 13,911 

25.8% 152,584 

27.4% 173,471 

0.0% 30,000 

45.7% 13,577 

52.2% 214,354 

7.7% 21,903 

29.1% $6,752,405 






096008 Emergency Medical Services Facility 4,211,548 

076058 Emergency Medical Services Technology 54,570 

026014 EMS Vehicle & Equipment Replacement 860,500 

086031 Jail Roof Replacement 3,570,996 

096016 Public Safety Complex 10,453,095 

096002 Volunteer Fire Departments 51,661 

TOTAL HEALTH AND SAFETY 

067002 BP 2000 Water Quality Enhancements 1,064,136 

2,092,107 

31,520 

81,107 

12,618 

4,578,733 

- 

49.7% 2,119,441 

57.8% 23,050 

9.43% 779,393 

0.4% 3,558,379 

43.8% 5,874,362 

0.0% 51,661 

$19,202,370 $6,796,084 35.4% $12,406,286 

193,987 

18.2% 870,149 

064005 Bradfordville Pond 4 Outfall Stabilization 764,399 53,792 7.0% 710,607 

064004 Bradfordville Pond 6 Rehabilitation 59,762 9,720 16.3% 50,042 

065003 Brushy Creek Road Stormwater Control 43,999 37,776 85.9% 6,223 

066001 CARDS: Stormwater Program Startup 17,708 0 0.0% 17,708 

076009 Geographic Information Systems 293,029 217,843 74.3% 75,186 

062005 Gum Road Target Planning Area 2,150,204 

- 

0.0% 2,150,204 

036036 Hooklift Recycling Container Replacement 36,000 0 0.0% 36,000 

036034 Household Hazard Waste Loading Ramp 26,850 12,809 47.7% 14,042 

064001 Killearn Acres Flood Mitigation 835,582 381,573 45.7% 454,009 

064006 Killearn Lakes Stormwater 734,796 35,433 4.8% 699,363 

065001 Lafayette Street Stormwater 3,545,640 43,613 1.2% 3,502,027 

062001 Lake Munson Restoration 268,306 

062002 Lakeview Bridge 763,701 

- 

2,599 

0.0% 268,306 

0.3% 761,102 

036002 Landfill Improvements 149,857 40,167 26.8% 109,690 

063005 Lexington Pond Retrofit 4,903,782 73,229 

062004 Longwood Subdivision Retrofit 223,680 

076015 Permit & Enforcement Tracking System 319,562 

036035 Recylcing Building Circulation Fan 16,500 

036032 Remedial Action Plan 307,171 

036033 Rural/Hazardous Waste Vehicle and Equipment Replacement 72,000 

- 

57,436 

036003 Solid Waste Heavy Equipment/Vehicle Replacement 88,127 36,796 

036030 Solid Waste Learning Center 105,000 - 

036028 Solid Waste Master Plan 100,000 

036031 Solid Waste Trolley 45,000 

066026 Stormwater Filter Replacement 179,754 

066003 Stormwater Structure Inventory and Mapping 632,514 

026004 Stormwater Vehicle & Equipment Replacement 342,500 

066004 TMDL Compliance Activities 50,000 

036010 Transfer Station Heavy Equipment 410,829 

036023 Transfer Station Improvements 214,257 

TOTAL PHYSICAL ENVIRONMENT 

HEALTH AND SAFETY 

Physical Environment 

18,764,645 

- 

- 

- 

- 

- 

92,790 

- 

330,118 

- 

- 

68,328 

1,688,009 

Attachment #1 

Page 33 of 62 

1.5% 4,830,553 

0.0% 223,680 

18.0% 262,126 

0.0% 16,500 

0.0% 307,171 

0.0% 72,000 

41.8% 51,331 

0.0% 105,000 

0.0% 100,000 

0.0% 45,000 

51.6% 86,964 

0.0% 632,514 

96.4% 12,382 

0.0% 50,000 

0.0% 410,829 

31.9% 145,929 

9.0% $17,076,636 






057916 2/3 Program - Terre Bonne 97,479 

026015 Arterial/Collector Roads Pavement Markings 154,296 

056001 Arterial/Collector Resurfacing 6,520,038 

054003 Bannerman Road 1,005,759 

054010 Beech Ridge Trail Extension 833,513 

055001 Buck Lake Road 50,000 

057900 CARDS Transportation Program: Start Up Costs 5,000 

056005 Community Safety & Mobility 1,427,093 

026010 Fleet Management Shop Equipment 80,413 

056007 Florida DOT Permitting Fees 50,000 

057001 Intersection and Safety Improvements 7,417,515 

055005 Lafayette Street Construction 386,735 

057005 Local Road Resurfacing 268,454 

051006 Natural Bridge Road 45,425 

053003 North Monroe Turn Lane 2,743,926 

026006 Open Graded Cold Mix Stabilization 1,351,989 

056011 Public Works Design & Engineering Services 60,000 

026005 Public Works Vehicle & Equipment Replacement 983,779 

053002 Pullen Road at Old Bainbridge Road 1,217,676 

051007 Springhill Road Bridge 259,097 

053005 Talpeco Road & Highway 27 North 281,580 

056010 Transportation and Stormwater Improvements 5,730,597 

TOTAL TRANSPORTATION 

TRANSPORTATION 

97,479 

44,599 

1,813,408 

204,425 

525 

3,718 

2,617 

29,068 

13,611 

- 

368,321 

274,368 

12,262 

- 

13,418 

700,347 

16,358 

336,230 

2,475 

63,693 

11,620 

607,869 

Attachment #1 

Page 34 of 62 

100.0% - 

28.9% 109,697 

27.8% 4,706,630 

20.3% 801,334 

0.1% 832,988 

7.4% 46,282 

52.3% 2,383 

2.0% 1,398,025 

16.9% 66,802 

0.0% 50,000 

5.0% 7,049,194 

70.9% 112,367 

4.6% 256,192 

0.0% 45,425 

0.5% 2,730,508 

51.8% 651,642 

27.3% 43,642 

34.2% 647,549 

0.2% 1,215,201 

24.6% 195,404 

4.1% 269,960 

10.6% 5,122,728 

$30,970,364 $4,616,410 14.9% $26,353,954 





The County utilizes grants to fund a number of programs and activities in Leon County. As reflected in the table below, the County is 

currently administering approximately $11.7 million in grant funding. As grants often cross multiple fiscal years, it is not uncommon to see 

the actual expenditures for a fiscal year less than the total funding available. All balances are carried into the subsequent fiscal year 

consistent with any grant award requirements. 

Most grants are authorized by the Board of County Commissioners and placed within one of two funds (Reimbursement Grants or 

Interest Bearing Grants). While placed in a Grants Fund, a program budget can be a federal or state authorization, a contractual 

arrangement between two governing bodies, a contract between the County and a non-governmental entity, a method to keep a specific 

revenue source separate from operating budgets, or a pure grant award. 

Six programs are anticipated as part of the regular budget process: Mosquito Control, the Pollutant Storage Tank Program, Law 

Enforcement JAG Grant, Law Enforcement Block Grant, the Department of Health Emergency Medical Grant, and the Emergency 

Management Base Grant. These grant funds are administered within various County department operating budgets, and are reported in 

the expenditure section of the mid-year report. 

The Grants Program is cooperatively monitored by department program managers, the Grants Coordinator, the Office of Management 

and Budget (OMB), and the Clerk's Finance Division. The Grant Coordinator monitors all aspects of these grants, particularly block 

grants. Program Managers in conjunction with the Grants Coordinator often pursue grants independently and administer grants 

throughout the year. OMB and the Clerk's Finance Division monitor overall expenditures and revenues as well as coordinate the yearend 

close-out and carry forward processes with all grant funded programs. 

Budget by Administering Department 

% of Total FY13 FY13 

Department Balance 

Grants Budget Expended 

Dev. Sup. & Environmental Management 0.02% 2,408 

Facilities Management 0.01% 750 

Public Services 4.99% 583,993 

Human Services and Community Partnerships 4.90% 573,833 

Resource Stewardship 1.31% 152,973 

Public Works 74.90% 8,771,821 

Intervention & Detention Alternatives 2.57% 300,954 

Constitutional - Sheriff 9.46% 1,108,276 

Miscellaneous 1.84% 216,001 

TOTAL: 100% 11,711,009 

- 

- 

74,816 

103,163 

27,209 

2,332,491 

193,831 

76,089 

- 

2,807,599 

Attachment #1 

Page 35 of 62 

2,408 

750 

509,177 

470,670 

125,764 

6,439,330 

8,577,990 

1,032,187 

216,001 

8,903,410 





Development Support & Environment Management 

934013* Wildlife Preservation Payment for the planting of trees which can not be practically planted on 

development sites - used to fund animal rehabilitation agencies 



915058 Community Foundation of North Florida Donation providing for the annual placement of a wreath at the WWII Memorial 750 

Public Services 


Subtotal: 750 

961033* DOH-EMS Match M0004 Funds to provide CPR training to citizens in Leon County 1,911 

961034* DOH-EMS Match M0005 Funds to provide Operational Surveillance Software 41,770 

961042* DOH-EMS Match M1071 Funds to provide training and education for AEDs 34,320 

961043* DOH-EMS Match M1072 Funds to provide CPR kits for traning Leon county citizens in CPR 21,055 

961045* DOH-EMS Equipment Funds to provide training equipment for Paramedics and EMTs 60,000 


912013 E-Rate Federal Communications Commission funding for the purchase of Internet 

access computers and related charges 

56,556 

913023 Patron Donations Individual patron donations designated for particular use within the library system 60,887 

913032 Friends-Main Library Tribute Annual donation in support the Library 16,915 

913045 Friends-Literacy Annual donation in support of basic literacy 32,401 

913082* Ralph Cook Trust A specific patron donation earmarked for the Library 23,390 

913115* Friends (2005 Trust) Endowment funds from Friends of the Leon County Library, a 501(c)(3) support 

organization 

913200* Van Brunt Library Trust 



Proceeds from the Caroline Van Brunt estate dedicated to the Library 

FY13 

2,408 - 100.00% 

57,547 

177,241 


- 

- 

- 

1,629 

- 

300 

12,578 

49,526 

- 

5,814 

- 

4,711 

- 

258 

- 

74,816 

Attachment #1 

Page 36 of 62 

100.00% 

100.00% 

100.00% 

14.76% 

100.00% 

99.13% 

40.26% 

17.46% 

100.00% 

90.45% 

100.00% 

85.46% 

100.00% 

99.55% 

100.00% 


87.19%






Human Services and Community Partnerships 


933015 


Closing The Gap Funds to promote coordinated efforts to reduce and eliminate racial and ethnic 

health disparities 

932014 Housing Services Home Expo 

Funds to provide home maintenance education for all housing rehabilitation 

clients through Leon County Housing Department's Home Expo workshops 

932015 Florida Hardest Hit Program Funding to provide foreclosure prevention assistance to program eligible 

residents 

20,803 

932035 CDBG Emergency Housing Grant Funding to assist in housing rehabilitation for income eligible homeowners 

affected by the March 2009 flooding event. 

128,696 

932072 CDBG Disaster Recovery -HOPE 

Community 

Funding for rental housing assistance 

317,304 

932060 CDBG Disaster Recovery - Admin Program funding to support administration of CDBG Disaster Recovery Grant 58,064 

Volunteer Services 

915040 Hands On Grant Develops Family Friendly volunteer projects in the areas of education, 

environment, and the economy 

1,394 

915041 The Mission Continues Funds to support materials and supplies to complete day of service projects 642 

915056 Points of Light Incentive as an affiliate of the Points of Light Foundation 840 


FY13 

45,775 

315 

- 

112 

5,796 

54,185 

- 

43,070 

- 

- 

- 

103,163 

Attachment #1 

Page 37 of 62 

100.00% 

64.44% 

72.14% 

57.90% 

100.00% 

25.82% 

100.00% 

100.00% 

100.00% 


82.02%





Org 

Resource Stewardship 

Grant/Program Description/Purpose Budget Spent % Unspent 

Sustainability 

915010 Energy Efficiency and Conservation Development of a county efficiency and conservation strategy, energy 

conservation training and installation of energy efficient light fixtures and 

occupancy control systems 

83,013 - 100.00% 

915011 Climate Action Summit Funding to support the county sustainability imitative 27,157 

27,209 -0.19% 


914014 Federal Forestry Funds educational activities relating to forestry - this is a percentage of the total 

allocation with the remaining going to Public Works Transportation Trust Fund 

914015 Title III Federal Forestry Funds search, rescue, and emergency services on federal land as well as fire 

prevention and forest related educational opportunities 

914040 Specialty Crop Block Grant FY10 

The grant will be used to provide educational outreach programs serving small 

farm producers and community market vendors within Leon County. 


Public Works 

921030 Gopher Tortoise Habitat Mgmt Grant 

Operations 

Funds to improve the Gopher Tortoise habitat through the performance of 

prescribed burnings and herbicide treatments to 212 acres of St. Marks 

Headwaters Greenway land. 

921053* Tree Bank Payment for the planting of trees which can not be practically planted on 

development sites 

56,743 



003000* Side Walks District 3 

Fee paid by developers to County for sidewalk construction in lieu of constructing 

sidewalk with development 

37,408 



FY13 

513 

28,333 

13,957 

9,499 

- 

- 

- 

27,209 

- 

7,738 

- 

- 

- 

- 

- 

Attachment #1 

Page 38 of 62 

100.00% 

100.00% 

100.00% 

82.21% 

100.00% 

86.36% 

100.00% 

100.00% 

100.00% 

100.00% 

100.00% 




Public Works 

Parks & Recreation Services 




921043 Boating Improvement State funding for boating improvements - Completed Reeves Landing, Lake 

Talquin Restrooms, New Cypress Landing; Rhoden Cove is pending 

921116* Miccosukee Community Center 6,173 

921126* Chaires Community Center 

Fee revenue collected for the rental of community facilities. Separate 

7,212 

921136* Woodville Community Center expenditure accounts have been established to allow for the payment of 

20,056 

921146* Fort Braden Community Center approved expenditures associated with improvements to the respective facilities. 

17,487 

921156* Bradfordville Community Center 7,706 

916016 


DOT Big Bend Scenic Byway 

932066 CDBG Disaster Recovery Program funding to improve the current stormwater and drainage along the 

Franklin Boulevard service area because of chronic flooding issues during heavy 

rain events 

932067 CDBG Disaster Recovery Program funding to create an emergency access corridor for Fairbanks Ferry 

residents outside of the flood plain 

FY13 

53,667 

72,264 

3,662,289 

932069 DREF-Oakridge Flooded Property 

Acquisition 

1,585,523 

932071 DREF-Capital Cascade Trail, Segment Program funding to address infrastructure and public facility projects directly 

1,660,959 

3 

related to Tropical Storm Fay 

932073 DREF-Lakeside Flood Control 647,211 





335,603 

38,712 

467 

- 

- 

597 

- 

- 

363,938 

282,817 

126,647 

1,511,575 

- 

- 

- 

- 

2,332,491 

Attachment #1 

Page 39 of 62 

27.87% 

92.43% 

100.00% 

100.00% 

96.59% 

100.00% 

100.00% 

90.06% 

15.73% 

92.01% 

8.99% 

100.00% 

100.00% 

100.00% 

100.00% 


73.41%



Intervention and Det. Alternatives 

Supervised Pre-trial Release 




915013 Slosberg-Driver's Education A program that funds organizations providing driver education 248,694 

Judicial 

943083 DCF - Drug Testing 

Constitutionals 

Funding received to pay for testing and treatment costs related to Adult Drug 

Court 

FY13 

148,735 

40.19% 

52,260 45,096 13.71% 

Subtotal: 300,954 193,831 35.59% 

Sheriff 

952020 Sheriff-E911 Grant Funds to purchase and install a new E911 system in the Joint Dispatch Center 988,536 

982058 FDLE JAG Grant Federal Stimulus funding allocated through JAG to be utilized purchasing 

computer equipment for the Leon County Sheriffs and Tallahassee Police 

departments 

119,740 


Miscellaneous 

918001 Southwood Payment - Woodville 

151,001 

- 100.00% 

Highway Proportionate share payment from Southwood Development to go to the Florida 

Department of Transportation for improvements to Woodville Highway 

991 Grant Match Funding 

Funding set aside to meet grant requirements - the beginning budget was 

$90,000, the current budget reflects the drawdown of grant match funds during 

the year 

65,000 

- 100.00% 

Subtotal: 216,001 - 100.00% 

TOTAL: 11,711,009 

- 

76,089 

76,089 

2,807,599 

Attachment #1 

Page 40 of 62 

100.00% 


36.45% 

93.13% 

76.03%

Population 

Thousands 

300 

225 

150 

75 

0 

Thousands 

70 

60 

50 

40 

30 

20 

10 

0 

Total 

Incorporated 

Unincorporated 


'02 '03 '04 '05 '06 '07 '08 '09 '10 '11 '12 

Sources: 

- 2012, Population Estimates and Projections from Tallahassee/Leon County Planning 

Department 2012. 

- 1998-2007, Division of Research & graphics and University of Florida BEBR, Florida 

Statistical Abstract 2010. 

- 2010 United States Census 

Higher Education Enrollment 

'01 '02 '03 '04 '05 '06 '07 '08 '09 '10 '11 

Source: Fall Enrollment Statistics from the Office of the Registrar for FSU/FAMU/TCC 

Total 

FSU 

TCC 

FAMU 

Attachment #1 

Page 41 of 62 

According to the 2010 United States 

Census data and 2012 estimates 

from the Florida Bureau of Economic 

and Business Research, Florida 

Statistical Abstract, the current Leon 

County population is 277,670; 66% 

incorporated and 34% 

unincorporated. Total county 

population estimates had slowed to 

less than 1% annual growth since 

2006. In 2009, there was a slight 

decline in population estimates. 

According to 2012 estimates, the total 

population has seen a 0.50% 

increase since the 2010 Census. 

Population estimates include higher 

education enrollment. 

Leon County had the second highest 

growth rate of neighboring counties 

since the 2010 Census behind only 

Gadsden County: Gadsden (2.4%), 

Leon (0.8%), Wakulla (0.0%), and 

Jefferson (-1.9%). 

Three institutions of higher learning 

are located in Tallahassee: Florida 

State University (FSU), Florida 

Agricultural & Mechanical University 

(FAMU), and Tallahassee Community 

College (TCC). Total enrollment for 

Fall 2012 decreased 3% from 2011 to 

68,201, down from the 2% increase in 

the previous year. 

In the last decade, TCC has had the 

highest overall average enrollment 

increase (2.21%), followed by FSU 

(1.35%) and FAMU (-0.34%). 


Unemployment Statistics 

14.0% 

12.0% 

10.0% 

8.0% 

6.0% 

4.0% 

2.0% 

0.0% 

Taxable Sales 

$5.0 

$4.5 

$4.0 

$3.5 

$3.0 

$2.5 

$2.0 

$1.5 

$1.0 

$0.5 

$0.0 

Billions 

3.20 


'04 '05 '06 '07 '08 '09 '10 '11 '12 Apr '13 

3.49 

3.64 

4.06 

4.14 

4.00 

Florida 

United States 

3.45 

Leon County 

*Source: Florida Agency for Workforce Innovation, Labor Market Statistics; US Department of 


3.32 3.37 3.43 

'03 '04 '05 '06 '07 '08 '09 '10 '11 '12 

Source: Florida Legislature’s Office of Economic and Demographic Research for 

Tallahassee Metropolitan Statistical Area 

Attachment #1 

Page 42 of 62 

Unemployment rates are a traditional 

indicator of economic health. Leon 

County's unemployment rate has 

remained below the state and national 

averages for the past ten years. The 

unemployment rate decreased from 

2004 through 2006. In 2008, a 

troubled economy caused 

unemployment to rise nationwide. In 

2009, the state of Florida experienced 

a 70% increase in unemployment 

compared to Leon County’s 60% 

increase. 

In 2011, Florida’s unemployment rate 

decreased for the first time since 2006 

from 11.9% in 2010 to 10.5% in 2011, 

which is approximately 2% higher 

than the current national average of 

8.4%. Leon County’s unemployment 

rate continues to trend lower than the 

state or national rates as the April 

2013 rate of 5.5% is a decrease from 

the 6.7% unemployment rate in April 

of 2012. 

*FY12 Unemployment data released 

3/18/2013. 

Taxable sales data is popularly used 

as one indicator of regional economic 

activity. The data is derived from 

sales tax returns filed monthly by 

retail establishments with the Florida 

Department of Revenue. Retail sales 

experienced a steady increase 

beginning in 2003 and peaking in 

2007 before the beginning of the 

current economic downturn. In 2009, 

taxable sales decreased 14%. In 

2010, taxable sales decreased 4%. In 

2011, however taxable sales 

increased by $51 million or 

approximately 2% and continued with 

a $60 million increase in 2012. 


Total County Labor Force 

Thousands 

160 

150 

140 

130 

120 

110 

100 

133 

Industry 

137 

139 

Employees 

2002 

144 

% Labor 

Force 


Employees 

2012 

% Labor 

Force 

% 

Change 

Government 

Education and 

62,000 38.5% 60,600 37.1% -2.3% 

Health Services 

Professional 

and Business 

16,900 10.5% 19,900 12.2% 17.8% 

Services 17,200 10.7% 17,900 10.9% 4.1% 

Retail Trade 

Leisure and 

18,100 11.2% 17,400 10.6% -3.9% 

Hospitality 13,600 8.4% 16,700 10.2% 22.8% 

Other Services 

Financial 

5,800 3.6% 6,800 4.2% 17.2% 

Activities 7,500 4.7% 7,100 4.3% -5.3% 

Construction 7,200 4.5% 5,800 3.5% -19.4% 

Manufacturing 4,200 2.6% 3,200 2.0% -23.8% 

Information 3,600 2.2% 3,300 2.0% -8.3% 

Wholesale 

Transportation, 

Warehousing, 

3,200 2.0% 3,200 2.0% 0.0% 

and Utilities 1,900 1.2% 1,600 1.0% -15.8% 

Total 161,200 100.0% 163,500 100.0% 1.4% 

Source: Florida Department of Economic Opportunity; Includes data from the Tallahassee Metropolitan 

Statistical Area (MSA), which is comprised of Gadsden, Jefferson, Leon, and Wakulla 

147 

149 150 150 

'04 '05 '06 '07 '08 '09 '10 '11 '12 

Source: Florida Agency for Workforce Innovation, Labor Market Statistics; US Department of 


Employment by Industry – 2002 vs. 2012 

147 

Attachment #1 

Page 43 of 62 

The local labor force consists of the 

total number of people employed and 

individuals seeking employment, 

including those classified as 

unemployed. 

From 2004 to 2010, Leon County’s 

labor force has increased an average 

of 1.6% annually. This growing trend 

slowed in 2010 as the County’s labor 

force from 2010 to 2011 remained flat. 

In 2012 the labor force had its first 

decline since 2002 decreasing -2.0% 

Over the past ten years, Leon 

County's major industries have 

included Government, Education and 

Health Services, and Retail Trade. 

This is attributed to the support 

needed for the large government and 

higher education infrastructure in the 

Tallahassee Metropolitan Statistical 

Area (MSA). 

The percentage of the labor force for 

Government has decreased since 

2002, while Education and Health 

Services, Professional and Business 

Services, Retail Trade and Leisure 

and Hospitality have all increased, 

which reflects a more diverse 

economy. 

The most dramatic increase over the 

past decade has included Leisure and 

Hospitality, Education and Health 

Services, Other Services and 

Professional and Business Services. 

Manufacturing has seen the largest 

decrease, followed by Construction, 

Transportation Warehousing, and 

Utilities. 

As a whole, these industries have 

seen a 1.4% increase in employment 

over the past ten years, with 163,500 

employees in 2012. 


Taxable Value 

$20.0 

$15.0 

$10.0 

$5.0 

$0.0 

20.0% 

15.0% 

10.0% 

5.0% 

0.0% 

-5.0% 

-10.0% 

12.6 

14.7 

16.4 

15.8 


14.7 14.5 

14.0 

'04 '05 '06 '07 '08 '09 '10 '11 

Certification of Final Taxable Value, Forms DR-422 


Annual Percentage Change in Taxable Value 

9.33% 

15.84% 

16.80% 

11.21% 

-3.63% 

-7.01% 

-1.55% 

-3.14% 

13.4 

-4.39% 

'03 '04 '05 '06 '07 '08 '09 '10 '11 

Source: Certification of Final Taxable Value, Forms DR-422 


Attachment #1 

Page 44 of 62 

Taxable values increased steadily 

from 2004 to 2006; however, due to 

property tax reform in 2007, the value 

of taxable property fell to $15.8 billion. 

In the past 5 years, valuations have 

decreased by $2.6 billion or 16% and 

are largely due to the continuing 

recession and a repressed housing 

market. 

Valuations from the prior year ending 

December 31 are used to develop the 

next year budget (e.g., 2012 

valuations are used to develop the FY 

2013/2014 budget). 

Property tax reform in 2007 and 2008 

contributed to the first declines in 

taxable value percentage in more 

than five years. The continued 

decline is due to the recession 

economy and the repressed housing 

market. In 2006 values increased by 

11.2% followed by a six-year 

fluctuating decline (3.6%, 7%, 1.6%, 

3.1%, and 4.4% respectively). 


Name 




Principal Taxpayers 

2011 2012 

Total Taxable 

Value 

$126,492,644 $2,521,295 

Total Taxes Name 



Total Taxable 

Value 

Total Taxes 

$123,896,491 $2,498,478 

Century Link $111,861,495 $2,186,944 Century Link $119,969,285 $2,391,564 



$68,777,575 $1,366,817 

Wal-Mart Stores, Inc $55,513,019 $1,270,861 

DRA CRT Tallahassee 

Center, LLC(2) 


Inc. 

$60,742,063 $1,207,127 

$63,750,366 $1,033,942 

Florida Gas 

Transmission 

Company 



DRA CRT 

Tallahassee Center, 

LLC(2) 


Inc. 

$83,848,719 $1,397,345 

$65,332,567 $1,323,729 

$59,943,628 $1,214,534 

$64,676,443 $1,074,171 

St. Joe Company $49,995,332 $992,447 Wal-Mart Stores, Inc $52,455,074 $1,019,974 

Comcast Cablevision $49,615,414 $909,329 St. Joe Company $45,737,053 $922,141 

Capital City Bank $38,859,823 $756,665 Capital City Bank $37,513,217 $737,912 

Northwood Associates, 

LLC 

$30,698,518 $610,418 Comcast Cablevision $39,171,835 $735,050 

Total $656,306,249 $12,855,845 Total $692,544,312 $13,314,898 

Notes: 

Taxes paid reflect all taxing authorities (i.e. County, School Board, City, Northwest Water Management District, and the Downtown Improvement 

Authority). 

The taxable value of Leon County’s Top Ten Taxpayers increased by $36 million from 2011 to 2012; this 6% increase in value led to a 

corresponding increase in total taxes paid based on total taxable value. 

(1) Tallahassee Medical Center, Inc. is also known as Capital Regional Medical Center 

(2) DRA CRT Tallahassee Center, Inc is also known as the Koger Center Properties 

Attachment #1 

Page 45 of 62 


Residential Building Permits 

# of Permits 

4,000 

3,000 

2,000 

1,000 

0 

Millions 

$175 

$150 

$125 

$100 

$75 

$50 

$25 

$0 


Mobile Homes Multi-Family Single-Family 

'03 '04 '05 '06 '07 '08 '09 '10 '11 '12 



Value of Commercial Permits 

84.1 

108.9 

69.5 65.1 

126.4 

108.5 

47.6 

38.9 34.7 

'03 '04 '05 '06 '07 '08 '09 '10 '11 '12 



92.0 

Attachment #1 

Page 46 of 62 

Total countywide residential building 

permits grew relatively steady and 

peaked in 2005. However, signaling 

the beginning of a housing crisis, 

2006 experienced a dramatic 

decrease in overall permits. By 2010, 

total Residential Building Permits 

decreased by 85% from peak 2005 

levels. An increase in 2012 permits of 

19% over 2011 numbers were aided 

by multi-family permits which grew 

from 27 in 2010 to 847 in 2012. 

Over the past 10 years countywide 

commercial permit valuation has been 

volatile. Spikes in 2004 and 2007 

were both followed by reductions in 

following years, with a significant 

decrease in 2009. The values of 

commercial permits fell by 56% in 

2009; and have dropped 72% in 2011 

from peak values in 2007. This 

decline was followed by the largest 

rebound since 2007 as values 

increased 165% in 2012. 


Violent Crime Rate 

Per 100,000 Residents 

1,600 

1,200 

21 

18 

15 

12 

800 

400 

9 

6 

3 

0 

0 

Thousands 


'02 '03 '04 '05 '06 '07 '08 '09 '10 '11 


Crimes Against Property in Leon County 

Vehicle Theft Burglary Larceny 

'02 '03 '04 '05 '06 '07 '08 '09 '10 '11 


Florida 

Leon County 

Attachment #1 

Page 47 of 62 

Violent Crime consists of murder, sex 

offenses, robbery and aggravated 

assault. 

Over the past ten years, Violent Crime 

in Leon County has decreased an 

average of 4%. In 2011, Leon County 

saw a 3.6% decrease in violent 

crimes committed per 100,000 

people. 

Generally, property crime in Leon 

County has fluctuated since 2002. 

Over a ten-year period, there has 

been an average of 2.5% decrease 

for Leon County. The greatest 

decline occurred from 2003 to 2004 at 

15.58%. 

Burglary (15.5%), motor vehicle theft 

(5.2%), and larceny (4.5%) were all 

contributing factors for the 2011 rise 

in property crimes (7.5%) in Leon 

County compared to the rest of the 

State of Florida that saw a 0.3% 

decline in property crimes. 


Homestead Parcels 

Hundreds 

60 

56 

52 

48 

44 

40 

51.3 

52.0 

53.0 

53.8 

54.6 


55.7 

56.2 

56.8 56.8 

56.4 

'02 '03 '04 '05 '06 '07 '08 '09 '10 '11 '12 

Source: Property Appraiser, Official Tax Roll Certification 

55.9 

Attachment #1 

Page 48 of 62 

Growth in homestead parcels 

has remained steady at an 

average of .90% growth per 

year since 2002. However, 

from 2010 to 2012 there has 

been a slight decrease with 894 

fewer homesteaded parcels, or 

a 1.57% decline. 


Intergovernmental Revenues 

Percent of Operating Revenues 

20.00% 

15.00% 

10.00% 

5.00% 

0.00% 

18.00% 

14.00% 

10.00% 

6.00% 

2.00% 

-2.00% 

-6.00% 

-10.00% 

11.44% 

12.43% 12.52% 


9.29% 

9.91% 10.25% 


Property Tax Revenues 

Rate of Change 

0.16% 

5.08% 

-6.74% 

-1.54% 

-2.93% 

1.18% 

FY08 FY09 FY10 FY11 FY12 FY13 proj. 

Analysis: The monitoring of 

intergovernmental revenues (revenues 

received from another governmental 

entity) is important since over 

dependence on such revenues can be 

harmful; especially, if the external 

source withdraws the funds entirely 

and/or reduces its share of costs. Leon 

County exhibits a reduced dependency 

on intergovernmental revenues in 

comparison to total operating revenues. 

Grants are not generally included in 

intergovernmental revenue projections; 

however, grants are included in this 

projections and account for a significant 

portion of actual intergovernmental 

revenues. Intergovernmental revenues 

are trending up due to increased grant 

funding. 

Formula: Intergovernmental Revenues 

divided by Total Operating Revenues. 

Source: FY 2012 TRIM AD 

Attachment #1 

Page 49 of 62 

Analysis: In the past ten years, Leon 

County has become more reliant on 

property tax revenue, primarily due to 

the reduction of intergovernmental 

revenue. 

The Board adopted the rolled back 

8.1344 rate for FY13. The projected 

rate of change in FY13 is an increase of 

1.18% due to a moderate incline in 

property values from the previous year. 

By adopting the rolled back rate the 

board maintains the total tax collection 

level at 0.5 percent less than FY2012. 

Formula: Current Year minus Prior 

Year divided by Prior Year. 

Source: 2012 Certification of Final Taxable Value 

and Statistical Digest. 


Revenue Projections 

Budgeted v. Actual Revenues 

10.00% 

9.00% 

8.00% 

7.00% 

6.00% 

5.00% 

4.00% 

3.00% 

2.00% 

1.00% 

0.00% 

40.00% 

30.00% 

20.00% 

10.00% 

0.00% 

4.27% 

2.95% 2.75% 


2.30% 

3.84% 



Percentage of Total Expenditures 

15.5% 

16.2% 

14.2% 

7.7% 

12.2% 

8.7% 


Attachment #1 

Page 50 of 62 

Analysis: This indicator examines the 

differences between actual revenues 

received versus budgeted revenues 

during the past fiscal year. Typically, 

actual revenues versus budgeted 

revenues fall in the range of + or - five 

percent. 



Revenue minus Budgeted General 

Fund, Special Funds and Enterprise 

Fund Revenue divided by Budgeted 

Revenues. 

Source: FY 2012 Revenue Summary Report. 

Analysis: The purpose of capital 

outlay in the operating budget is to 

replace equipment or to add new 

equipment and infrastructure. The 

ratio of capital outlay to net operating 

expenditures is a rough indicator of 

whether the stock of equipment and 

infrastructure is being replaced or 

added. The FY13 projection is based 

upon what has been budgeted for the 

current fiscal year and does not 

include carry forward projects from 

the previous fiscal year. 

Formula: Capital Outlay Divided by 


Source: FY 2012 Expenditure Summary Report 

and Budget Summary. 


Revenues Per Capita 

$900 

$825 

$750 

$675 

$600 

$525 

$450 

$375 

$300 

$850 

$750 

$650 

$550 

$450 

$350 

$825 

$785 

$760 


$722 

$689 $673 

FY08 FY09 FY10 FY11 FY 12 FY 13 Proj 

Expenditures Per Capita 

$660 

$632 

$641 

$638 

$668 

$661 


Attachment #1 

Page 51 of 62 

Analysis: Examining per capita 

revenues indicates changes in 

revenues relative to changes in 

population size. As population 

increases, it is expected that 

revenues and the needs for services 

will increase. If per capita revenues 

are decreasing, it will be impossible to 

continue to maintain the existing level 

of services unless new sources of 

revenues and ways of reducing 

expenses are found. The FY08 

increase resulted from returned 

revenue from the Tax Collector and 

Sheriff in addition to higher 

ambulance fee revenue. Revenue 

per capita declines over the past four 

years reflect current economic 

conditions. Projections for FY13 also 

take into account the macroeconomic 

environment. 

Formula: General Fund, Special 

Revenue Funds, and Enterprise Fund 

Revenues Divided by Population. 

Source: FY 2011 Revenue Summary Report 

and the FY 2012 Budget Summary. 

Analysis: Changes in per capita 

expenditures reflect changes in 

expenditures relative to changes in 

population. This indicator has 

increased slightly over the past four 

years. 

The decrease in FY09 expenditures 

per capita reflects reductions in 

personnel costs due to a hiring freeze 

and the elimination of some positions. 

The FY13 projection reflects 

decreased payments to Medicaid; 

healthcare and retirement costs. 

The additional one cent tax for the 

Performing Arts Center is included in 

this calculation of operating 

expenditures per capita. 



divided by population. 

Source: FY 2012 Expenditure Summary Report, 

the 2010 Statistical Digest, and the FY 2010 

Budget Summary. 



Millions 

$45.00 

$40.00 

$35.00 

$30.00 

$25.00 

$20.00 

$15.00 

$10.00 

7.00 

6.75 

6.50 

6.25 

6.00 

$24.50 

$25.70 

$30.70 

$31.73 


$35.03 

$29.94 

FY08 FY09 FY10 FY11 FY12 FY13 Proj. 

Employees Per Capita 

Employees Per 1,000 Leon County Residents 

Thousands 

6.58 6.57 

6.49 

6.43 

6.40 

6.16 


Attachment #1 

Page 52 of 62 

Analysis: Positive fund balances can 

be thought of as reserves, although 

the “fund balance” entries on the 

annual report will not always be 

synonymous with the funds “available 

for appropriation.” The County’s 

reserve policy requires fund balances 

to be between a minimum of 15% and 

a maximum of 30% of operating 

expenditures. The FY09 fund balance 

includes an appropriation of $3.9 

million in local economic stimulus 

funding. However, this is offset by the 

return of excess fees from the 

Constitutional Officers and higher 

than anticipated interest earnings. 

The FY13 decline results from $5 

million in appropriations to address 

continuously declining revenues. 

Formula: Prior year fund balance plus 

actual revenues minus actual 

expenditures. 

Source: FY12 Summary of Fund Balance and 

Retained Earnings and Year Ending Report. 

Analysis: Personnel costs are a 

major portion of an operating budget; 

for that reason plotting changes in the 

number of employees per capita 

effectively measures changes in 

expenditures. Overall, the County is 

controlling the cost associated with 

this financial indicator. Note that the 

number of employees includes 

Constitutional Officers. In 

comparison to other like-sized 

counties, Leon County, along with St. 

Lucie, ranks the lowest in number of 

employees per capita. 

(The Sheriff experienced a net loss of 

39 positions. EMS had 4 positions 

realigned to the Public Safety 

Complex. In addition to the Counties 

net loss of 6.5 positions). 

Formula: Number of Full-Time 

Employees Divided by Population 

multiplied by 1,000. 

Source: FY 12-13 Annual Budget Document and 

Tallahassee/Leon County Planning Department. 


Debt Service 

Percentage of Total Operating Expenditures 

10.00% 

8.00% 

6.00% 

4.00% 

2.00% 

0.00% 

5.18% 

5.37% 5.33% 5.32% 


5.01% 

5.08% 


Liquidity 

Ratio of Current Assets to Current Liabilities 

$10.00 

$8.00 

$6.00 

$4.00 

$2.00 

$0.00 

6.65 

7.61 

6.99 

5.80 

5.21 

4.23 


Attachment #1 

Page 53 of 62 

Analysis: Debt service is defined as 

the amount of principal and interest 

that a local government pays each 

year on net direct bonded long-term 

debt, plus the interest on direct shortterm 

debt. Increasing debt service 

reduces expenditure flexibility by 

adding to the County's financial 

obligations. Leon County’s debt 

service has trended downward over 

the past five years. However, in FY12 

Leon County renegotiated its debt 

service resulting in a slight increase. 

Leon County maintains level debt 

service. 

Formula: Debt Service divided by 


Source: FY 2011 Expenditure Summary and the 

FY 2012 Budget Summary. 

Analysis: The current ratio is a 

liquidity indicator that measures a 

government’s short-run financial 

condition by examining the ratio of 

cash and short term assets against 

current liabilities. This ratio shows 

whether a government can pay its 

short-term debt obligations. 

The International City / County 

Management Association (ICMA) 

states ratio that fall below 1:1 for more 

than consecutive three years is a 

decidedly negative indicator. The 

ICMA further recommends keeping 

this ratio above 1:1. Leon County 

maintains a liquidity ratio above this 

level even during the current 

economic climate, a sign of short-term 

financial strength. 

Formula: Cash and short-term 

investments divided by Current 

Liabilities 

Source: FY 2012 Comprehensive Annual 

Financial Report 



Millions 

$500 

$250 

$0 

$199 

$242 


$251 

$275 


$2,500 

$2,000 

$1,500 

$1,000 

$500 

$0 

$718 

$839 

$919 

$980 

$295 

$1,051 

$308 

$1,570 

$529 

$1,885 


Source: University of Florida, Bureau of Economic and Business Research, 11/1/2012. 

Attachment #1 

Page 54 of 62 

Leon County ranks lowest in 

operating budget among like-sized 


million. Alachua County’s net budget 

is 21% higher than Leon County’s. 





reserves. 

Leon County is the lowest for dollars 

spent per county resident. Osceola 

County spends more than two and a 

half times the amount per resident 

than Leon County. The next closest 

County’s net budget per capita is 

16% higher than Leon County’s (Lake 

County). 



Thousands 

400 

300 

200 

100 

0 

196 

247 


278 280 281 


Millions 

$250 

$200 

$150 

$100 

$50 

$0 

$66 

$89 $92 $96 

$98 

300 300 

$105 



$106 

Attachment #1 

Page 55 of 62 



Leon County 2012 population at 

277,670 residents. The selection of 

comparative counties is largely 

based on population served. 

Among the like-sized counties, Leon 

County collects $106 million in ad 

valorem taxes. Leon County collects 

$13 million more than the median 

collection ($93 million). Due to the 

2008 passage of property tax reform 

by referendum and enabling 

legislative actions, ad valorem tax 

collections rates were significantly 

impacted in all counties. In addition, 

decreased property valuations 

associated with the recession and a 

repressed housing market will further 

effect collections in the near term. 

Ad valorem taxes account for 50% of 

the County’s operating revenue. 



3,500 

3,000 

2,500 

2,000 

1,500 

1,000 

500 

0 

1,582 

1,718 


1,772 

1,882 1,902 

County Employees per 1,000 Residents (FY13) 

14.0 

12.0 

10.0 

8.0 

6.0 

4.0 

2.0 

0.0 

6 6 6 

2,244 

8 8 8 

2,445 



10 

Attachment #1 

Page 56 of 62 

County employees consist of 

Board, Constitutional, and Judicial 

Offices. Leon County has the 

second lowest number of county 

employees among comparables. 

All comparable counties surveyed 

reported either the same or fewer 

employees than in FY12 except for 

Alachua, Osceola, and Escambia 

Counties. This is largely attributed 

to property tax reform followed by 

the recession which has impacted 

county revenues and services. 


employees for every thousand 

County residents, tied with St. Lucie 

and Lake County as the lowest in 

per capita employees. 



Millions 

$300 

$250 

$200 

$150 

$100 

$50 

$0 

$18 


$29 

$29 

$199 



$2,100 

$1,800 

$1,500 

$1,200 

$900 

$600 

$300 

$0 

$602 

$718 

$932 

$1,228 

Gadsden Leon Wakulla Jefferson 

Attachment #1 

Page 57 of 62 

Leon County ranks highest in 

operating budget among surrounding 


million. Jefferson County ranks 

lowest with a net budget of $18 

million. 





reserves. 

Leon County is the second lowest for 

dollars spent per county resident. 

Gadsden County spends 17% less, 

while Jefferson County spends 71% 

more per county resident. 



Thousands 

300 

250 

200 

150 

100 

50 

0 

14 


31 

48 

278 



Millions 

$135 

$120 

$105 

$90 

$75 

$60 

$45 

$30 

$15 

$0 

$4 

$9 

$11 

$106 


Attachment #1 

Page 58 of 62 



2012 Leon County population at 

277,670. Leon County has 

approximately 230,000 more 

residents than neighboring Gadsden 

County which has the next highest 

population. Of the surrounding 

counties, Gadsden has the highest 

projected population growth rate since 

the 2010 census at 2% compared to 

Leon (1%), Wakulla (0%), and 

Jefferson (-2%). 

Among the surrounding counties, 

Leon County collects the highest 

amount of ad valorem taxes. 


2,000 

1,600 

1,200 

800 

400 

18.0 

16.0 

14.0 

12.0 

10.0 

8.0 

6.0 

4.0 

2.0 

0.0 

0 

170 



342 

345 

1,718 

Jefferson Gadsden Wakulla Leon 

Total County Employees per 1,000 Residents (FY13) 

6 

7 

Leon Gadsden Wakulla Jefferson 

11 

12 

Attachment #1 

Page 59 of 62 

County employees consist of Board, 

Constitutional, and Judicial Offices. 

Leon County has the highest number 

of county employees. 


employees for every thousand county 

residents. When compared to 

surrounding counties, Leon County 

ranks the lowest. 


Net Budget per Countywide Resident 

County 

Net Budget 

Per Capita 


Staff Per 

1000 

% 

Exempt 

Santa Rosa $410 5 37% 

Gadsden $602 7 51% 

Holmes $605 8 64% 

Union $639 10 76% 

Leon $718 6 43% 

Columbia $721 7 46% 

Flagler $788 7 31% 

Baker $792 12 53% 

Washington $813 9 44% 

Seminole $818 7 25% 

Volusia $820 7 33% 

Lafayette $824 10 66% 

Clay $838 7 36% 

Lake $839 6 30% 

Jackson $839 8 53% 

Taylor $844 10 42% 

Citrus $870 8 32% 

Highlands $878 9 34% 

Bradford $892 8 53% 

Okaloosa $893 7 28% 

Marion $912 7 40% 

Escambia $919 8 45% 

Suwannee $925 10 46% 

Wakulla $932 11 55% 

Calhoun $949 8 61% 

Madison $957 11 55% 

Hernando $958 8 38% 

Polk $970 7 31% 

Pinellas $970 5 28% 

Sumter $972 6 31% 

Alachua $980 8 51% 

Bay $994 7 33% 

Liberty $995 14 77% 

Okeechobee $1,026 10 40% 

County 

Net Budget 

Per Capita 

Staff Per 

1000 

Attachment #1 

Page 60 of 62 

% 

Exempt 

Brevard $1,045 7 43% 

Putnam $1,047 9 50% 

Saint Lucie $1,051 6 36% 

Hendry $1,089 9 67% 

Nassau $1,093 8 28% 

Dixie $1,101 13 70% 

Pasco $1,123 8 35% 

Levy $1,180 10 50% 

Lee $1,192 7 23% 

Gilchrist $1,227 11 54% 

Jefferson $1,228 12 66% 

Hamilton $1,248 12 42% 

Hardee $1,276 12 52% 

Glades $1,280 19 83% 

Hillsborough $1,307 8 30% 

Desoto $1,337 10 55% 

Manatee $1,403 9 23% 

Gulf $1,407 11 40% 

Orange $1,436 8 27% 

Martin $1,441 10 27% 

Indian River $1,454 10 26% 

Palm Beach $1,470 8 23% 

Saint Johns $1,570 10 27% 

Broward $1,572 6 29% 

Duval $1,652 8 39% 

Walton $1,664 15 16% 

Dade-Miami $1,690 10 28% 

Sarasota $1,787 9 24% 

Collier $1,794 10 17% 

Osceola $1,885 8 37% 

Franklin $2,352 15 42% 

Charlotte $2,490 11 28% 

Monroe $3,369 17 29% 


Percent of Exempt Property 

County 

% 

Exempt 


Net Budget 

Per Capita 

Staff Per 

1000 

Walton 16% $1,664 15 

Collier 17% $1,794 10 

Manatee 23% $1,403 9 

Lee 23% $1,192 7 

Palm Beach 23% $1,470 8 

Sarasota 24% $1,787 9 

Seminole 25% $818 7 

Indian River 26% $1,454 10 

Martin 27% $1,441 10 

Orange 27% $1,436 8 

Saint Johns 27% $1,570 10 

Dade-Miami 28% $1,690 10 

Nassau 28% $1,093 8 

Okaloosa 28% $893 7 

Pinellas 28% $970 5 

Charlotte 28% $2,490 11 

Broward 29% $1,572 6 

Monroe 29% $3,369 17 

Lake 30% $839 6 

Hillsborough 30% $1,307 8 

Sumter 31% $972 6 

Polk 31% $970 7 

Flagler 31% $788 7 

Citrus 32% $870 8 

Volusia 33% $820 7 

Bay 33% $994 7 

Highlands 34% $878 9 

Pasco 35% $1,123 8 

Saint Lucie 36% $1,051 6 

Clay 36% $838 7 

Santa Rosa 37% $410 5 

Osceola 37% $1,885 8 

Hernando 38% $958 8 

Duval 39% $1,652 8 

County 

% 

Exempt 

Net Budget 

Per Capita 

Attachment #1 

Page 61 of 62 

Staff Per 

1000 

Marion 40% $912 7 

Okeechobee 40% $1,026 10 

Gulf 40% $1,407 11 

Taylor 42% $844 10 

Franklin 42% $2,352 15 

Hamilton 42% $1,248 12 

Brevard 43% $1,045 7 

Leon 43% $718 6 

Washington 44% $813 9 

Escambia 45% $919 8 

Columbia 46% $721 7 

Suwannee 46% $925 10 

Levy 50% $1,180 10 

Putnam 50% $1,047 9 

Gadsden 51% $602 7 

Alachua 51% $980 8 

Hardee 52% $1,276 12 

Baker 53% $792 12 

Jackson 53% $839 8 

Bradford 53% $892 8 

Gilchrist 54% $1,227 11 

Wakulla 55% $932 11 

Madison 55% $957 11 

Desoto 55% $1,337 10 

Calhoun 61% $949 8 

Holmes 64% $605 8 

Jefferson 66% $1,228 12 

Lafayette 66% $824 10 

Hendry 67% $1,089 9 

Dixie 70% $1,101 13 

Union 76% $639 10 

Liberty 77% $995 14 

Glades 83% $1,280 19 



Total County Employees per 1,000 Residents 

County 

Staff Per 

1000 

Net Budget 

Per Capita 

% 

Exempt 

Pinellas 5 $970 28% 

Santa Rosa 5 $410 37% 

Leon 6 $718 43% 

Saint Lucie 6 $1,051 36% 

Sumter 6 $972 31% 

Lake 6 $839 30% 

Broward 6 $1,572 29% 

Seminole 7 $818 25% 

Brevard 7 $1,045 43% 

Volusia 7 $820 33% 

Polk 7 $970 31% 

Okaloosa 7 $893 28% 

Clay 7 $838 36% 

Flagler 7 $788 31% 

Bay 7 $994 33% 

Gadsden 7 $602 51% 

Columbia 7 $721 46% 

Marion 7 $912 40% 

Lee 7 $1,192 23% 

Bradford 8 $892 53% 

Citrus 8 $870 32% 

Holmes 8 $605 64% 

Alachua 8 $980 51% 

Hillsborough 8 $1,307 30% 

Jackson 8 $839 53% 

Calhoun 8 $949 61% 

Osceola 8 $1,885 37% 

Hernando 8 $958 38% 

Duval 8 $1,652 39% 

Escambia 8 $919 45% 

Pasco 8 $1,123 35% 

Palm Beach 8 $1,470 23% 

Nassau 8 $1,093 28% 

Orange 8 $1,436 27% 

County 

Staff Per 

1000 

Net Budget 

Per Capita 

Attachment #1 

Page 62 of 62 

% 

Exempt 

Highlands 9 $878 34% 

Sarasota 9 $1,787 24% 

Hendry 9 $1,089 67% 

Washington 9 $813 44% 

Putnam 9 $1,047 50% 

Manatee 9 $1,403 23% 

Saint Johns 10 $1,570 27% 

Union 10 $639 76% 

Indian River 10 $1,454 26% 

Lafayette 10 $824 66% 

Suwannee 10 $925 46% 

Desoto 10 $1,337 55% 

Levy 10 $1,180 50% 

Collier 10 $1,794 17% 

Taylor 10 $844 42% 

Dade-Miami 10 $1,690 28% 

Okeechobee 10 $1,026 40% 

Martin 10 $1,441 27% 

Gilchrist 11 $1,227 54% 

Gulf 11 $1,407 40% 

Charlotte 11 $2,490 28% 

Wakulla 11 $932 55% 

Madison 11 $957 55% 

Baker 12 $792 53% 

Jefferson 12 $1,228 66% 

Hardee 12 $1,276 52% 

Hamilton 12 $1,248 42% 

Dixie 13 $1,101 70% 

Liberty 14 $995 77% 

Franklin 15 $2,352 42% 

Walton 15 $1,664 16% 

Monroe 17 $3,369 29% 

Glades 19 $1,280 83% 


Leon County 




Leon County 



June 18, 2013 



Title: 




Review: 

Lead Staff/Project 

Team: 

Request to Schedule a First and Only Public Hearing on a Proposed Ordinance 

to Amend Chapter 10 of the Leon County Code of Laws Relating to the Grade 

Change Limitations in Topographic Alterations for Tuesday, July 9, 2013 

at 6:00 p.m. 




Tony Park, P.E., Director, Public Works and Community 

Development 

David McDevitt, Director, Development Support & 

Environmental Management 

John Kraynak, P.E., Director, Environmental Services Division 


Option #1: Schedule a First and Only Public Hearing on a proposed Ordinance to amend 

Chapter 10 of the Leon County Code of Laws relating to the grade change 

limitations in topographic alterations for Tuesday, July 9, 2013 at 6:00 p.m. 


Title: Request to Schedule a First and Only Public Hearing on a Proposed Ordinance to Amend 

Chapter 10 of the Leon County Code of Laws Relating to the Grade Change Limitations in 

Topographic Alterations for Tuesday, July 9, 2013 at 6:00 p.m. 

June 18, 2013 

Page 2 


Background: 

On August 17, 2010, the Board of County Commissioners adopted an Ordinance to implement a 

Charter Amendment entitled "Minimum Countywide Environmental Regulations as Proposed by 

the Citizen Charter Review Committee." The Amendment was placed on the November 2, 2010 

general election ballot, and with voter approval of 61.47%, the proposal passed and became 

effective April 1, 2011. The Board approved a two-phased approach to implementation. Phase 

One was completed on March 15, 2011, with the Board's adoption of an Ordinance providing for 

countywide stormwater treatment and protection standards. Phase Two included coordinating 

with a Board-appointed Citizen's Committee and City staff to integrate all remaining County and 

City environmental regulations into one recommended Minimum Countywide Environmental 

Regulations Ordinance. 

The Minimum Countywide Environmental Standards Citizen’s Committee members included 

Roger Wynn, Carmen Green, Pamela Hall, Cliff Lamb, and Judy Hayden. The Committee 

addressed significant slope regulations during their December 2, 2011 meeting. At that time, it 

was acknowledged that, in order to allow for relaxation of the slope regulations in specific 

circumstances, a Comprehensive Plan Amendment would be required. Additionally, the 

Committee determined that this Comprehensive Plan amendment would need to reflect different 

slopes regulations for properties inside versus outside the Urban Service Area (USA). The 

consensus of the Committee was to accept the staff recommendation to support the required 

Comprehensive Plan amendment, including the caveat that the standards would be different for 

properties inside versus outside the USA. On May 18, 2012, the Board adopted the proposed 

Minimum Countywide Environmental Standards Ordinance and directed staff to initiate the 

Comprehensive Plan Amendment process to remove the slope regulation provisions inside the 

USA. 

On April 9, 2012, the Board voted to transmit the Comprehensive Plan Amendment regarding 

slopes regulations to remove the significant and severe slope requirements within the USA. 

On May 28, 2013, both the City Commission and the Board of County Commissioners voted to 

adopt the Comprehensive Plan Amendment, which provided the enabling language for the draft 

Ordinance relating to severe slope regulations (Attachment #1). A consistency review is 

scheduled for the July 2, 2013 Planning Commission meeting. Staff will inform the Board of the 

outcome of the meeting at the Public Hearing on July 9, 2013. 

The proposed Ordinance supports the following FY 2012 & FY 2013 Strategic Initiative that the 

Board approved at the January 29, 2013 meeting: 

“Develop solutions to promote sustainable growth inside the Lake Protection Zone.” 

This particular Strategic Initiative aligns with the Board’s Strategic Priority – Environment: 

“Protect our water supply, conserve environmentally sensitive lands, safeguard the 

health of our natural ecosystems, and protect our water quality, including the Floridan 

Aquifer, from local and upstream pollution.” (EN1) (rev.2013) 





June 18, 2013 

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“Promote orderly growth which protects our environment, preserves our charm, 

maximizes public investment, and stimulates better and more sustainable economic 

returns. (EN2) (2012) 

Analysis: 

Generally, up to 50% of significant grades (10-20% slope) may be disturbed on a development 

site, but no disturbance is allowed for severe grades (over 20% slope). The proposed Ordinance 

establishes a system for the protection of significant and severe grades that are within 100 feet of 

wetlands, water bodies, watercourses, floodways, floodplain, and karst features. This effectively 

deregulates significant and severe grades inside the USA that are not within 100 feet of the 

designated environmental features, while continuing protection of those grades that would be 

most at risk for impacting water quality through erosion associated with construction activity. 

The 100-foot protection area around sensitive environmental features is consistent with the 100foot 

buffers utilized for the Lake Lafayette and Lake McBride Special Development Zones. The 

protection for significant and severe slopes outside the USA shall remain unchanged. It should 

be noted that the existing County code requirements for erosion control would not be affected. 

Section 10-4.327 of the Land Development Code (LDC) provides specific requirements for 

erosion control measures to address environmental degradation associated with sediment 

transport. 

City Growth Management staff is closely monitoring the proposed Ordinance and will seek 

direction regarding potential City code changes from the City Commission through the Long 

Range Target Issues Committee process. City staff worked closely with County staff to develop 

the language in the proposed Ordinance, and the proposed Ordinance the City will be adopting is 

similar. However, pursuant to the Minimum Countywide Environmental Regulations, any City 

code revisions shall at least be equivalent, but can be more restrictive than the minimum 

regulations established by the County. 

To aid in the understanding of the geographic scope of the requested change, illustrative maps 

were prepared for two areas in the community showing the steep grades that are within 100 feet 

of the designated environmental features and those that are not within 100 feet of the designated 

environmental features. The data on significant and severe grades utilized for these maps is not 

intended to be used on a parcel-specific basis. However, at the scale represented on the maps 

below, staff believes this is a good representation of the general areas that would be deregulated 

with respect to the disturbance of significant and severe grade slope (collectively, “Steep.”). 

Figure 1 depicts a portion of Lake Jackson and lands to the south in order to demonstrate the 

potential impact of the proposed code revisions. Included in the map are the Steep (significant 

and severe) grades that are within 100 feet of wetlands, water bodies, watercourses, floodplain 

and karst features, which would continue to receive protection already provided in the LDC. The 

map also reflects Steep grade areas outside 100 feet of the designated environmental features, 

which would be deregulated pursuant to the proposed Ordinance. 





June 18, 2013 

Page 4 

This figure visually demonstrates the areas that would continue to be considered as 

environmentally sensitive with respect to the disturbance of significant and severe slope grades, 

such as those surrounding Lake Jackson. 

Figure 1: Steep Grades near Lake Jackson 

[THIS SPACE INTENTIOANLLY LEFT BLANK] 





June 18, 2013 

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The second area selected to illustrate the potential impact of the proposed code changes is the 

Mobility District, an area within the City that has been selected for higher density and intensity 

uses, and for fostering more transportation alternatives. This area was selected to depict the 

impact of the proposed changes on a more urbanized section of the community that has been 

targeted for more intensification. 

Figure 2: Steep Grades in the Mobility District 

Table 1 is provided to help communicate the geographic scope of the proposed code revision 

over the entire USA. These calculations are based on the same Geographic Information System 

data utilized in Figures 1 and 2 above. Again, the term “Steep” is utilized to discuss both 

significant and severe grades. These two types of grades are combined in Figures 1 and 2 in 

order to make the maps legible; however, the code does provide for separate regulations for 

significant and severe grades. 





June 18, 2013 

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Generally, up to 50% of significant grades (10-20% slope) may be disturbed on a development 

site, but no disturbance is allowed for severe grades (over 20% slope). Table 1 provides the 

acreage for Steep grades (both significant grades and severe grades combined) and then provides 

the breakdown for significant and severe grades separately. This highlights the small portion of 

land proposed for deregulation in the more sensitive severe grades category (approximately 

663 acres, or 0.6% of the total land in the USA). 

Table 1: Land Area Analysis 

Analysis Area Impact of 

Amendment 

Acres % of the USA 

Land Area 

Total Land in Urban Service Area (USA) 

and Code 

-- 103,257 100.0% 

Steep Grades in USA (includes both Significant and Severe Grades) -- 11,918 11.5% 

Steep Grades Within 100 feet of ESA Regulated 6,665 6.5% 

Steep Grades NOT Within 100 feet of ESA Deregulated 5,252 5.0% 

Significant Grades in USA (10-20% Slope) -- 10,290 10% 

Significant Grades Within 100 feet of ESA Regulated 5,700 5.5% 

Significant Grades NOT Within 100 feet of ESA Deregulated 4,589 4.4% 

Severe Grades in USA (Over 20% Slope) -- 1,628 1.6% 

Severe Grades Within 100 feet of ESA Regulated 965 0.9% 

Severe Grades NOT Within 100 feet of ESA Deregulated 663 0.6% 

Generally, during past reviews of the steep grade policies, community members have expressed a 

concern that reducing steep grade protections would have a negative impact on the “rolling hills” 

characteristic of Tallahassee and Leon County. However, by their very “rolling” nature, the 

hilltops tend not to be steep, unlike the more mountainous regions that have ridge top protection 

ordinances. 

In Figure 3, it should be noted that the steep grades depicted in fuchsia do not generally occur on 

our hill tops (dark brown), but rather occur on the sides of the hills and in ravines. Allowing 

construction on steep grades, which are not within 100 feet of other environmental features, does 

not appear as though it would have an impact on the larger, “hilly” topography of Tallahassee. 

Rome, Istanbul, Moscow, San Francisco, and Seattle are all “seven-hill” cities with intensive 

urban development on steep grades that arguably has not diminished their character. The 

“Tallahassee Character” is certainly less urban and more focused on natural aesthetics than the 

larger cities mentioned; however, these examples are provided to demonstrate that construction 

on steep grades does not necessarily equate to the loss of the larger, community-side topographic 

character. 





June 18, 2013 

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Figure 3: Steep Grades and the Tallahassee Topography 

The proposed Ordinance is in keeping with the Environment Strategic Priority to “Promote 

orderly growth which protects our environment, preserves our charm, maximizes public 

investment, and stimulates better and more sustainable economic returns.” The USA concept is 

the primary Comprehensive Plan tool for promoting orderly growth in our community. 

Providing flexibility regarding the regulation of steep grades inside the USA fosters development 

in the areas where public investments in urban infrastructure have already been made. The 

proposed Ordinance seeks a balance between environmental protection and economic returns by 

authorizing some level of steep grade regulation inside the USA utilizing the LDC that focuses 

protection on grades near wetlands, water bodies, watercourses, floodways, floodplain, and karst 

features. 





June 18, 2013 

Page 8 

In summary, the proposed Ordinance fulfills specific direction from the Board to remove steep 

grade regulations inside the USA, while providing continued protection for Steep grades near 

sensitive environmental features, and fulfills the consensus recommendation by the Minimum 

Countywide Environmental Standards Citizen’s Committee to provide different steep grade 

regulations for properties inside versus outside the USA. This increased flexibility is consistent 

with the Comprehensive Plan goals of fostering growth inside the designated USA. 

Options: 

1. Schedule a First and Only Public Hearing on a proposed Ordinance to amend Chapter 10 of 

the Leon County Code of Laws relating to the grade change limitations in topographic 

alterations for Tuesday, July 9, 2013 at 6:00 p.m. 

2. Schedule a First and Only Public Hearing on a proposed Ordinance to amend Chapter 10 of 

the Leon County Code of Laws relating to the grade change limitations in topographic 

alterations for an alternate date. 

3. Do not schedule a First and Only Public Hearing on a proposed Ordinance to amend 

Chapter 10 of the Leon County Code of Laws relating to the grade change limitations in 

topographic alterations. 



Option #1. 

Attachment: 

1. Proposed Ordinance 

VSL/TP/DM/JK 


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Version 04-16-13 

ORDINANCE NO. 13- _______ 

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF 

LEON COUNTY, FLORIDA, AMENDING CHAPTER 10 OF THE CODE 

OF LAWS OF LEON COUNTY, FLORIDA, RELATING TO THE LAND 

DEVELOPMENT CODE, BY AMENDING SECTION 10-4.327, 

TOPOGRAPHIC ALTERATIONS. 

PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND 

PROVIDING AN EFFECTIVE DATE. 

BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF LEON 

COUNTY, FLORIDA, that: 

SECTION 1: Section 10-4.327 of the Code of Laws of Leon County, Florida, is hereby 

amended as follows: 

Sec. 10-4.327. Topographic alterations. 

All projects involving alteration of the contour, topography, use or vegetation cover of 

land, shall comply with the following minimum standards: 

(1) Same. 

Attachment #1 

Page 1 of 9 

(2) Grade change limitations. It is the intent of this article to minimize alterations of 

the natural topography of land within the county. 

a. The type, intensity, and structural design of each proposed development 

project shall be consistent with and compatible with natural predevelopment 

topography and characteristics of the proposed site. 

b. Alterations of natural topography shall not exceed the absolute minimum 

necessary to develop a site safely. Design criteria shall will emphasize site 

designs that fit the topography to the best extent possible , not change the 

topography to fit the design. Any development proposed for a site shall be 

appropriate to the existing natural topographical characteristics of the site, 

while recognizing that minimal grade changes are essential to site 

development. 

c. Unincorporated Area of the County. The intent of protecting sloped areas 


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Attachment #1 

Page 2 of 9 

of ten percent and greater above is to maintain local topography, prevent 

erosion, protect water quality, and maintain existing vegetation. Manmade 

slopes shall not be regulated. Changes to grades that will adversely 

impact stormwater or ecological quality through long-term erosion shall 

be prohibited. This provision is not intended to preclude short-term 

impacts normally associated with development activity. Within the 

unincorporated area of the County, dDevelopment in sloped areas of ten 

percent and greater above shall be permitted as follows: 

1. Inside the Urban Service Area: 

(a) Off-grade construction techniques shall be utilized to minimize 

clearing and topographic alteration, and shall provide (and clearly 

delineate on-site) specific clearing limits to restrict clearing and 

topographic alterations to the minimum area necessary for 

construction of the permitted facilities and reasonable construction 

access. 

2. (b) A minimum of 50% of significant (ten percent to 20 percent slope) 

grade areas must be left undisturbed if located adjacent to or 

within 100 feet of wetlands, waterbodies, watercourses, floodways, 

floodplains, karst features or special development zones. or have 

an approved vegetation management plan and shall be placed so as 

to provide downhill buffers, protect forested areas, and buffer other 

conservation or preservation areas. This requirement may be met 

by preserving 50 percent of each individual area or 50 percent of 

the total grade areas. 

3. (c) Severe grade areas (greater than 20 percent slope) shall remain 

undisturbed if located adjacent to or within 100 feet of wetlands, 

waterbodies, watercourses, floodways, floodplains, karst features 

or special development zones. Small areas (1/4 acre or less) of 

severe grade areas located within significant grades may be 

regulated using the criteria for significant grades. 

4. (d) All significant and severe grades required to be undisturbed shall 

be preserved in their pre-development state by conservation 

easement. 

5. Urban service area only: All isolated significant slopes that are 0.25 

acres or less in size shall not be protected. All other significant slopes 

may be disturbed more than 50% provided the following criteria are 

met: 

(a) The disturbance is necessary to encourage urban infill in the urban 

core or to create new, high wage employment. 

(b) If a non-residential site is less than or equal to three acres in size 

with no other preservation features present on the site. 

(c) All residential development qualifies for the additional 

disturbance. 


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Attachment #1 

Page 3 of 9 

(d) Stormwater treatment shall be off-line retention equal to the first ½ 

inch of runoff with full recovery within 72 hours. If it can be 

demonstrated that retention is not achievable due to soil and site 

characteristics, wet detention, in accordance with Section 10- 

4.301(2)(b)(i) and FDEP regulations, will be allowed. If wet 

detention is not achievable due to site characteristics, the County 

Administrator or designee may allow other treatment alternatives if 

it can be satisfactorily demonstrated that the alternative provides a 

pollutant removal efficiency of 80% or greater. 

6. (e) The county administrator or designee may allow limited 

exemption from these grade change limitations for approved 

roadway projects, provided that the permit application related to 

such project includes: (a) Aappropriate restrictive limits of areas 

as to clearing and topographic alteration.; (b) Aapproved erosion 

and sediment control plans.; and (c) Aan evaluation of 

alternatives which support the allowance of an exemption. 

(f) Downtown Overlay Exception. Developments within the 

Downtown Overlay (Section 10-282 of the City’s Land 

Development Code) are exempt from all severe grade regulations. 

2. Outside the Urban Service Area: 

(a) Off-grade construction techniques shall be utilized to minimize 

clearing and topographic alteration, and shall provide (and clearly 

delineate on-site) specific clearing limits to restrict clearing and 

topographic alterations to the minimum area necessary for 

construction of the permitted facilities and reasonable construction 

access. 

(b) A minimum of 50% of significant (ten percent to 20 percent slope) 

grade areas must be left undisturbed or have an approved 

vegetation management plan and shall be placed so as to provide 

downhill buffers, protect forested areas, and buffer other 

conservation or preservation areas. This requirement may be met 

by preserving 50 percent of each individual area or 50 percent of 

the total grade areas. 

(c) Severe grade areas (greater than 20 percent slope) shall remain 

undisturbed. Small areas (1/4 acre or less) of severe grade areas 

located within significant grades may be regulated using the 

criteria for significant grades. 

(d) All significant and severe grades required to be undisturbed shall 

be preserved in their pre-development state by conservation 

easement. 

(e) The county administrator or designee may allow limited 

exemption from these grade change limitations for approved 


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Attachment #1 

Page 4 of 9 

roadway projects, provided that the permit application related to 

such project includes: appropriate restrictive limits of areas as to 

clearing and topographic alteration; approved erosion and sediment 

control plans; and an evaluation of alternatives which support the 

allowance of an exemption. 

d. Incorporated Area of the County. Significant grade areas (natural grades 

between and inclusive of ten percent and twenty percent of at least ¼ acre 

in size). If the slope between any two adjacent one-foot interval contour 

lines is greater than or equal to ten percent but less than or equal to 20 

percent, then a significant grade area exists and shall be regulated as set 

forth below. The intent of protecting significant grades is to maintain 

local topography and minimize erosion, maintain existing vegetation, and 

protect water quality. Significant grades shall be depicted on any natural 

features inventory required under this chapter using contour intervals of no 

greater than two feet. Maps shall be prepared in accordance with the 

minimum technical standards for topographic surveys set forth in Chapter 

61G17-6, Florida Administrative Code (FAC), as it may be amended from 

time to time. Alternatively, the city's Geographic Information System 

(GIS) two-feet contour maps may be used to determine the grades until 

such time that site-specific topographic survey information is available. 

Site-specific topographic survey information shall use one-foot contour 

intervals and shall be provided no later than at the time the environmental 

impact analysis required under this chapter is submitted for review. 

Within the incorporated area of the County, development in sloped areas 

of ten percent and above shall be permitted as follows: 

1. Standard. Except as provided for in subsection (a)(2)d.2.—4. below, a 

minimum of 50 percent of significant grade areas shall be left 

undisturbed and shall be placed in a conservation easement dedicated 

to the city. Development activity in the conservation easement is 

prohibited, except that vegetation management activities that enhance 

the vegetation and are specifically allowed in a vegetation 

management plan approved by the Director of the City of Tallahassee 

Growth Management Department may be permitted. Examples of 

vegetation management activities include, but are not limited to, 

pruning of dead and hazardous tree limbs and control of invasive 

vegetation. The significant grades placed in a conservation easement 

shall be those significant grade areas that provide the greatest 

environmental benefit as determined by the Director of the City of 

Tallahassee Growth Management Department (i.e. provides downhill 


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buffers, protects forested areas, buffers other protected conservation or 

preservation areas, or provides similar environmental benefits). In 

order to minimize topographic changes, development within the 

significant grade areas not placed in a conservation easement shall 

utilize off-grade construction (including stem wall construction), use 

best management practices (design the building to take advantage of 

the natural topography, etc.), and shall limit the height of retaining 

walls to 15 feet. Multiple retaining walls may be allowed for terracing. 

The height of all retaining walls (excluding stem walls constructed as 

part of a building foundation) shall not exceed 15 feet. The distance 

between retaining walls shall be, at a minimum, twice the height of the 

wall that is abutting the area and higher than the area. Any retaining 

wall three feet in height or greater shall require a building permit. 

2. Development within the Downtown Overlay shall be exempt from the 

significant and severe slope requirements. 

3. Offsite-mitigation exception. Offsite mitigation for significant grades 

shall be permissible consistent with the provisions of this subsection. 

A. Locations are eligible for the off-site mitigation option if: 

Attachment #1 

Page 5 of 9 

i. The site lies south of Interstate-10 and either adjoins or is interior 

to Capital Circle; 

ii.The site is not within a Planned Development (PD), or Planned 

Unit Development (PUD); 

iii. The site is served by a roadway constructed to city standards 

and for which there is adequate roadway capacity; 

iv. All other infrastructure, including water, central sewer, and 

electric infrastructure, is available to serve the site; 

v. The significant grades do not include nor are they adjacent to 

previously protected preservation or conservation features on site 

for which off-site mitigation is not an option; and 

vi. In the opinion of the Director of the City of Tallahassee Growth 

Management Department, the significant grades onsite are not 

critical for buffering or maintaining ecological integrity of 

preservation features or other conservation features onsite or on an 

adjoining parcel; 


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B. Demonstration of necessity for off-site mitigation. 

i. The applicant shall demonstrate to the satisfaction of the Director 

of the City of Tallahassee Growth Management Department that 

the development cannot be made compatible with the significant 

grades on site; and 

ii. The applicant shall demonstrate to the satisfaction of the 

Director of the City of Tallahassee Growth Management 

Department that the development cannot avoid, ameliorate, or 

minimize impacts to the significant grades on site. 

C. Employment of the off-site mitigation option: 

Attachment #1 

Page 6 of 9 

i. Employment of the off-site mitigation option shall preclude the 

use of incentives, including subsections 5-85(e) and 5-86(f)(1) of 

the City’s Code, that reduce the percentages of the site dedicated to 

landscaping or urban forest preservation. 

ii. An off-site mitigation plan for the development of significant 

grades onsite has been approved and in the opinion of the Director 

of the City of Tallahassee Growth Management Department 

provides net environmental benefits. 

iii. If there exists within the same drainage basin as the site of the 

proposed development a mitigation bank that is managed to 

provide environmental services ordinarily provided by significant 

grades, such as topographic diversity and the presence of 

vegetation communities commonly associated with significant or 

severe grades, then the applicant shall be directed to participate in 

that mitigation bank. 

iv. If a mitigation bank consistent with the intent of paragraph 5- 

81(a)(2)d.3.C.iii. of the City’s Code does not exist within the same 

major drainage basin as the site, the applicant shall be directed to 

participate in a mitigation bank located elsewhere. 

v. If no mitigation banks exist consistent with the intent of 

paragraphs 5-81(a)(2)d.3.C.iii and 5-81(a)(2)d.3.C.iv of the City’s 

Code, the applicant shall acquire or use a conservation easement or 

similar instrument to protect in perpetuity lands that are twice (two 

times) the area of the significant grades onsite to be mitigated and 

that are located within the same major drainage basin. It shall be 


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preferred that such lands be contiguous and not fragmented. 

vi. If no such property can be protected under paragraph 5- 

Attachment #1 

Page 7 of 9 

81(a)(2)d.3.C.v of the City’s Code, an applicant may pay a fee in 

lieu. The amount shall be calculated as follows: Three hundred 

percent of the property appraiser's assessed value for the property, 

divided by the total square footage of the property, and multiplied 

by the number of square feet of the significant grades onsite to be 

mitigated. This amount shall be deposited into an account whose 

sole purpose is to acquire and manage lands that provide the 

environmental benefits associated with significant grades. 

D. Any site employing the off-site mitigation option for significant 

grades shall comply with any applicable stormwater standards 

adopted to further compliance with total maximum daily loads 

(TMDLs) or other surface water management programs or plans 

adopted by local Government. 

4. High wage employment exception. Development in more than 50 

percent of the significant grade areas may be permitted at the 

discretion of the City Commission for any proposed development (no 

matter where it is located) that exclusively contains industrial and/or 

office uses that create a significant number of new high wage 

employment. In deciding whether to grant such an exception, the City 

Commission shall conduct a public hearing and may consider factors 

like the number of jobs that are proposed to be created, the average 

annual wage of the jobs that are proposed to be created in comparison 

to the average annual wage of Leon County, and the applicant's longterm 

level of commitment and ability to provide the jobs. 

5. Sediment and erosion controls for properties with significant grades. 

Properties containing significant grade areas shall install a "heavy duty 

silt barrier" for sediment and erosion control. The "heavy duty silt 

barrier" shall consist of a double row of type IV silt fence (as 

referenced in the state department of transportation's "Roadway Traffic 

Design Standards" and the state department of environmental 

regulation's "The Florida Development Manual: A Guide to Sound 

Land and Water Management"). One row shall be placed at the toe of 

the slope. The other row shall be placed ten feet beyond the toe. The 

silt fence placed beyond the toe shall be a silt barrier that consists of a 

type IV silt fence supported by "hog wire" fence. Wooden posts shall 


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(3) (same) 

be six feet long and four inches in diameter and placed a minimum of 

two feet into the ground to support the "hog wire" fence. A continuous 

row of hay bales staked two feet on-center shall face the toe of the 

slope. All silt fences and hog wire fences shall be trenched and 

extended six inches below grade. Wooden posts shall be installed eight 

feet on-center on the downhill side of the trench. The Director of the 

City of Tallahassee Growth Management Department may approve an 

alternative sediment and erosion control plan if it is demonstrated by 

the applicant that such alternative provides a higher level of protection. 

SECTION 12. Conflicts. All ordinances or parts of ordinances in conflict with the provisions 

of this Ordinance are hereby repealed to the extent of such conflict, as of the effective date of 

this Ordinance, except to the extent of any conflicts with the Tallahassee-Leon County 

Comprehensive Plan, as amended, which provisions shall prevail over any parts of this 

Ordinance which are inconsistent, either in whole or in part, with the Comprehensive Plan. 

SECTION 13. Severability. If any section, subsection, sentence, clause, phrase or portion of 

this article is for any reason held invalid or unconstitutional by any court of competent 

jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and 

such holding shall not affect the validity of the remaining portions of this Ordinance. 

SECTION 14. Effective date. This ordinance shall be effective according to law. 

DULY PASSED AND ADOPTED BY the Board of County Commissioners of Leon County, 

Florida, this ____ day of _____________, 2013. 

LEONCOUNTY, FLORIDA 

BY: _____________________________ 

NICHOLAS MADDOX, CHAIRMAN 


Attachment #1 

Page 8 of 9 


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ATTEST: 

BOB INZER, CLERK OF THE COURT 


BY: ___________________________ 

APPROVED AS TO FORM: 

LEON COUNTY ATTORNEY’S OFFICE 

BY: ____________________________ 

HERBERT W.A. THIELE, ESQ. 

COUNTY ATTORNEY 

Attachment #1 

Page 9 of 9 


Leon County 




To: 

Leon County 



June 18, 2013 



Title: Approval of Utility Easements to the City of Tallahassee at the Public Safety 

Complex 



Department/ 


Lead Staff/ 

Project Team: 


This item has no fiscal impact to the County 


Tony Park, P.E., Director of Public Works Department 

Tom Brantley, P.E., Director of Facilities Management 

Carl Morgan, Construction Manager, Facilities Management 

Graham Stewart, Real Estate Manager 


Option #1: Approve the perpetual Utility Easements to the City of Tallahassee for the 

provision of the general utility services to the Public Safety Complex, and 

authorize the Chairman to execute. 


Title: Approval of Utility Easements to the City of Tallahassee at the Public Safety Complex. 

June 18, 2013 

Page 2 


Background: 

On October 17, 2011, notice to proceed with the construction of the Public Safety Complex was 

given to Ajax Building Corporation/CSS, a joint venture. The construction has been completed, 

with the exception of the punch list, close out, and final documentation. The City of Tallahassee 

is requesting easements for its utility installations on site. 

Analysis: 

Board approval will provide perpetual Utility Easements, both over/under and across the County 

property, to the City of Tallahassee, for the purposes of general utilities (Attachment #1). 

Attachment #2 provides a sketch of the Easements and Legal Description. Because the County is 

conveying the Utility Easements as a City of Tallahassee utility customer, this conveyance is not 

subject to the County’s Real Estate Policy No. 03-01, Approval Authority for the Acquisition, 

Disposition, and Leasing of Real Property. 

Options: 

1. Approve the perpetual Utility Easements to the City of Tallahassee for the provision of the 

general utility services to the Public Safety Complex, and authorize the Chairman to execute. 

2. Do not approve the perpetual Utility Easements to the City of Tallahassee for the provision 

of the general utility services to the Public Safety Complex. 



Option #1. 

Attachments: 

1. Utility Easements Document 

2. Sketch of Easements and Legal Description 

VSL/TP/TB/CM/GS/gs 


THIS INSTRUMENT PREPARED BY: 

Judy Donahoe, Supervisor Right of Way 

City of Tallahassee/City Hall 

Property Management Division, Box A-15 

300 S. Adams Street, 4th Floor 


(850) 891-8711 

Parcel ID: 1127208530000 

WATER AND SEWER UTILITY EASEMENT 

Leave blank for official recording. 

THIS EASEMENT, granted this _______ day of _______________, 2013, by and between 

LEON COUNTY, FLORIDA, a charter county and political subdivision of the State of Florida, as 

to an undivided one-half (50.0%) interest, whose mailing address is 301 South Monroe Street, 

Tallahassee, Florida 32301 and the CITY OF TALLAHASSEE, a municipal corporation created 

and existing under the laws of the State of Florida, as to an undivided one-half (50.0%) interest, 

whose mailing address is 300 South Adams Street, Tallahassee, Florida 32301, as tenants in common 

and hereinafter collectively referred to as the "GRANTOR" and the CITY OF TALLAHASSEE, a 

municipal corporation created and existing under the laws of the State of Florida, whose mailing 

address is 300 South Adams Street, Tallahassee, Florida 32301, hereinafter called the 

“GRANTEE". 

W I T N E S S E T H 

That the GRANTOR, for and in consideration of the sum of ten dollars ($10.00), and other 

good and valuable consideration paid by the GRANTEE, the receipt and sufficiency of which is 

hereby acknowledged, by these presents do grant, bargain, sell and convey to the GRANTEE, its 

successors and assigns, in perpetuity, an easement for water and sewer utility purposes, in, over, 

across, under and through the following described parcel, piece, or strip of land, situate, lying, and 

being in the County of Leon, State of Florida, hereinafter “Easement Parcel” to-wit: 

SEE COMPOSITE EXHIBIT “A” ATTACHED HERETO 

AND BY THIS REFERENCE MADE A PART HEREOF 

including the right to carry in said easement the water and sewer utility lines, of any type, either 

above ground or underground, including, but not limited to, equipment and appurtenances of any 

other person, or water and sewer utility company as authorized by the GRANTEE. 

Attachment #1 

Page 1 of 3 

It is understood and agreed by and between the GRANTOR and the GRANTEE that the 

water and sewer utility lines and equipment of the GRANTEE, installed or located, or to be installed 

or located in, over, across, under and through the parcel or strip of land hereinabove described, shall 

at all times be and remain the absolute property of the GRANTEE, its successors and assigns, and 

subject to its complete dominion and control. The right is hereby granted to the GRANTEE, its 

agents and employees, to enter upon the Easement Parcel from and across any adjoining lands of the 


Rev/01-15-2013 

Water and Sewer Utility Easement 


GRANTOR for the purpose of excavating, inspecting, maintaining, installing, repairing and/or 

removing said water and sewer utility lines and equipment therefrom. The GRANTEE, its agents 

and employees, will restore the ground to its existing condition as reasonably practicable as of the 

date prior to the work within the Easement Parcel. The GRANTOR will not construct any 

permanent improvements on the said property without the written permission from the GRANTEE. 

The terms, conditions, restrictions and purposes imposed by this easement shall be binding 

not only upon the GRANTOR, but also on its agents, personal representatives, assigns and all other 

successors to their interest and shall continue as a servitude running in perpetuity with the Easement 

Property. 

The GRANTOR and GRANTEE acknowledge and agree that it is the parties’ intent that 

there be no merger of the GRANTEE’s interests in the Easement Parcel with the GRANTOR’s fee 

simple interest in the underlying land. It is the parties’ intent that there shall be no merger of any of 

these aforesaid real property interests, and that such interests shall all exist separate and apart from 

each other. 

IN WITNESS WHEREOF, the GRANTOR hereunto sets its hands and seals the day and 

year first above written. 


By: ________________________________ 

NICHOLAS MADDOX, Chairman 


ATTEST: Date: ________________________________ 

Bob Inzer, Clerk of Circuit Court 


BY: ____________________________ 


Leon County Attorney’s Office 

BY: ___________________________ 

Herbert W. A. Thiele, Esq. 


Attachment #1 

Page 2 of 3 

Leon County/COT to COT 


Page Page 140 2 of 3 631 Posted at 6:15 p.m. on June 10, 2013

Rev/01-15-2013 


CITY OF TALLAHASSEE 

By: ______________________________ 

JOHN R. MARKS, III, Mayor 



ATTEST: Date: ______________________________ 

James O. Cooke, IV, Treasurer-Clerk 


BY: ____________________________ 


City Attorney’s Office 

BY: ___________________________ 

Lewis E. Shelley, Esq. 

City Attorney 

Attachment #1 

Page 3 of 3 

Leon County/COT to COT 


Page Page 141 3 of 3 631 Posted at 6:15 p.m. on June 10, 2013

Leon County 




Leon County 



June 18, 2013 



Title: Request to Schedule a First and Only Public Hearing to Adopt a Resolution 

and Approve a List of County-Owned Properties Appropriate for Affordable 

Housing for Tuesday, July 9, 2013 at 6:00 p.m. 



Department/ 


Lead Staff/ 

Project Team: 


This item has no fiscal impact. 




Tony Park, P.E, Director, Public Works & Community 

Development 



Daniel Rigo, Assistant County Attorney 

Option #1: Declare the list of eleven properties as surplus (Attachment #1). 

Option #2: Schedule a First and Only Public Hearing to adopt a Resolution and approve a list 

of County-owned properties appropriate for affordable housing for Tuesday, 

July 9, 2013 at 6:00 p.m. 


Title: Request to Schedule a First and Only Public Hearing to Adopt a Resolution and Approve a 

List of County-Owned Properties Appropriate for Affordable Housing for Tuesday, July 9, 2013 

at 6:00 p.m. 

June 18, 2013 

Page 2 


Background: 

Section 125.379, Florida Statutes, requires Florida counties to prepare an inventory, every three 

years, of county-owned real property within its jurisdiction that is appropriate for use as 

affordable housing, and to adopt a resolution that includes an inventory list of such inventory 

following a public hearing (Attachment #2). Additionally, Policy No. 03-01, "Approval 

Authority for the Acquisition, Disposition, and Leasing of Real Property", requires staff to 

review County-owned real property that is not being used and which may be considered surplus 

property. 

A January 29, 2013 agenda item provided the Leon County Board of County Commissioners 

with a status report of County-owned real estate, and identified seven developable and 13 nondevelopable 

properties as surplus. The Board accepted the status report; declared the 20 

properties as surplus (“January 2013 Surplus Properties”); directed staff to work with Habitat for 

Humanity regarding the transfer of the January 2013 Surplus Properties that meet the 

organization’s needs; and, authorized the County Administrator to sell any of the remaining 

January 2013 Surplus Properties in accordance with Policy No. 03-01. 

Subsequent to the January 29, 2013 Board meeting, Leon County took ownership of eleven 

properties that staff recommends the Board declare surplus, and make available for affordable 

housing. 

Analysis: 

Leon County recently took ownership of eleven properties that the Leon County Division of 

Housing Services has determined to be potential candidates for affordable housing projects to 

benefit low-to-moderate income families who reside in Leon County. No other Leon County 

purposes have been identified. 

• Leon County took ownership of eight properties that the Clerk of Courts unsuccessfully 

auctioned off on February 6, 2013 as having delinquent real estate tax certificates (year 

2008 certificates 1134, 230, 2972, 2980, 3044, 3057, 3058 and 5499). The properties 

received no bidders. Subsequently, on May 21, 2013, staff utilized Leon County Housing 

Finance Authority funds to pay $1,828.01 in unpaid 2012 taxes, the amount due from the 

tax certificate holder, Leon County (Attachment #3). 

• Three additional properties escheated to Leon County in March 2013. 

Consistent with Section 125.379, Florida Statutes, and Policy No. 03-01, staff recommends that 

the Board declare the eleven properties (Attachment #1) as surplus, and direct staff to schedule a 

Public Hearing to adopt a Resolution and approve a list of County-owned properties appropriate 

for affordable housing for Tuesday, July 9, 2013 at 6:00 p.m. 




at 6:00 p.m. 

June 18, 2013 

Page 3 

Unless otherwise directed by the Board, staff will seek the Board’s approval, as part of the 

July 9, 2013 Public Hearing, to: 

1. Declare these eleven properties as appropriate for affordable housing; 

2. Have staff work with Habitat for Humanity to determine which of those eleven parcels 

meet their organization’s needs for affordable housing purposes and proceed with the 

appropriate statutory process to transfer those identified parcels to Habitat for Humanity 

for the construction of permanent affordable housing, which is consistent with the 

Board’s January 29, 2013 direction; 

3. Have staff identify other appropriate affordable housing projects through Leon County’s 

affordable housing program for any of the eleven parcels that are not transferred to 

Habitat for Humanity for the construction of permanent affordable housing; and 

4. Delegate the authority to the County Administrator to sell any of the eleven properties 

identified as surplus that are not used for affordable housing purposes either through 

transfer to Habitat for Humanity or through Leon County’s affordable housing program. 

To the extent any of the eight properties, recently acquired through the use of Leon County 

Housing Finance Authority funds to pay $1,828.01 in unpaid 2012 taxes, are not utilized by Leon 

County’s affordable housing program and are transferred to Habitat for Humanity or sold, the 

funding source will be adjusted accordingly. 

Options: 

1. Declare the list of eleven properties as surplus (Attachment #1). 

2. Schedule a First and Only Public Hearing to adopt a Resolution and approve a list of Countyowned 

properties appropriate for affordable housing for Tuesday, July 9, 2013 at 6:00 p.m. 

3. Do not declare the list of eleven properties as surplus and do not schedule a First and Only 

Public Hearing to adopt a Resolution and approve a list of County-owned properties 

appropriate for affordable housing. 

4. Board direction 


Options #1 and #2. 

Attachments: 

1. List of Recommended Properties for Affordable Housing Use Through the Division of 


2. Florida Statute 125.379 

3. County Tax Deed Applications Purchased May 21, 2013. 


Affordable Housing Property List 

# Classification Parcel # Address Size (acres) Use 

1 Newly Acquired Tax Deed Property 142520‐045‐0000 6831 Quail Valley Road 0.57 Mobile Home 

2 Newly Acquired Tax Deed Property 111620‐093‐0000 2520 Lonnbladh Road 1.00 Vacant Residential 

3 Newly Acquired Tax Deed Property 212635‐O0160 Harlem Street 0.13 Vacant Residential 

4 Newly Acquired Tax Deed Property 212635‐R0150 Calloway Street 0.13 Vacant Residential 

5 Newly Acquired Tax Deed Property 212664‐E0360 1432 Colorado Street 0.15 Vacant Residential 

6 Newly Acquired Tax Deed Property 212664‐O0030 Volusia Street 0.13 Vacant Residential 

7 Newly Acquired Tax Deed Property 212664 P0030 Joe Louis Street 0.14 Vacant Residential 

8 Newly Acquired Tax Deed Property 410127‐R0030 2109 Holton Street 0.11 Vacant Residential 

9 Escheated Property 412455‐000‐0760 Oak Crest Blvd 0.04 Vacant Residential 

10 Escheated Property 412455‐000‐0750 Oak Crest Blvd 0.05 Vacant Residential 

11 Escheated Property 412455‐000‐1440 Hazelwood Road 0.05 Vacant Residential 

* All "New Tax Deed Properties" were purchased by housing for the County on May 16, 2013 

The Tax Deed properties on this list needs to be updated in GIS and approved by the BOCC 

and be declared "Surplus" to proceed with using them for affordable housing projects. 

Attachment #1 

Page 1 of 1 


Attachment #3 

Page 1 of 2 

1134 of2008 1425200450000 616-000000-294031-000 $ 4,352.21 $ 618.52 $ 488.59 $ 472.00 $ 5,931.32 $ 408.59 

1116200930000 616-000000-294028-000 $ 2,442.05 $ 483.32 $ 382.64 $ 472.00 $ 3,780.01 s 80.00 $ 302.64 

212635 00160 616-000000-294040-000 s 3,027.24 $ 343.61 s 267.87 $ 472.00 s 4,110.72 $ 80.00 $ 187.87 

212635 R0150 616-000000-294041-000 $ 2,188.31 $ 343.61 $ 267.87 $ 472.00 $ 3,271.79 $ 80.00 $ 187.87 

212664 E0360 616-000000-293999-000 s 3,520.59 $ 343.61 $ 267.87 $ 472.00 $ 4,604.07 $ 80.00 $ 187.87 

212664 00030 616-000000-294001-000 $ 2,179.59 $ 343.61 $ 267.87 $ 472.00 s 3,263.07 s 80.00 $ 187.87 

212664 P0030 616-000000-294002-000 $ 2,179.59 $ 343.61 $ 267.87 $ 472.00 s 3,263.07 s 80.00 $ 187.87 

27 R0030 616-000000-294005-000 $ 2,307.04 $ 330.90 s 257.43 $ 472.00 s 3,367.37 s 80.00 $ 177.43 

s 31,591.42 s(:) 


........__ _____ ...

Leon County 



June 18, 2013 



Title: Request to Schedule a First and Only Public Hearing to Adopt a Resolution 

and Approve a List of County-Owned Properties Appropriate for Affordable 

Housing for Tuesday, July 9, 2013 at 6:00 p.m. 



Department/ 


Lead Staff/ 

Project Team: 






Tony Park, P.E, Director, Public Works & Community 

Development 




Option #1: Declare the list of eleven properties as surplus (Attachment #1). 

Option #2: Schedule a First and Only Public Hearing to adopt a Resolution and approve a list 

of County-owned properties appropriate for affordable housing for Tuesday, 

July 9, 2013 at 6:00 p.m. 




at 6:00 p.m. 

June 18, 2013 

Page 2 


Background: 

Section 125.379, Florida Statutes, requires Florida counties to prepare an inventory, every three 

years, of county-owned real property within its jurisdiction that is appropriate for use as 

affordable housing, and to adopt a resolution that includes an inventory list of such inventory 

following a public hearing (Attachment #2). Additionally, Policy No. 03-01, "Approval 

Authority for the Acquisition, Disposition, and Leasing of Real Property", requires staff to 

review County-owned real property that is not being used and which may be considered surplus 

property. 

A January 29, 2013 agenda item provided the Leon County Board of County Commissioners 

with a status report of County-owned real estate, and identified seven developable and 13 nondevelopable 

properties as surplus. The Board accepted the status report; declared the 20 

properties as surplus (“January 2013 Surplus Properties”); directed staff to work with Habitat for 

Humanity regarding the transfer of the January 2013 Surplus Properties that meet the 

organization’s needs; and, authorized the County Administrator to sell any of the remaining 

January 2013 Surplus Properties in accordance with Policy No. 03-01. 

Subsequent to the January 29, 2013 Board meeting, Leon County took ownership of eleven 

properties which staff recommends the Board declare surplus, and make available for affordable 

housing. 

Analysis: 

Leon County recently took ownership of eleven properties that the Leon County Division of 

Housing Services has determined to be potential candidates for affordable housing projects to 

benefit low-to-moderate income families who reside in Leon County. No other Leon County 

purposes have been identified. 

• Leon County took ownership of eight properties that the Clerk of Courts unsuccessfully 

auctioned off on February 6, 2013 as having delinquent real estate tax certificates (year 

2008 certificates 1134, 230, 2972, 2980, 3044, 3057, 3058 and 5499). The properties 

received no bidders. Subsequently, on May 21, 2013, staff utilized Leon County Housing 

Finance Authority funds to pay $1,828.01 in unpaid 2012 taxes, the amount due from the 

tax certificate holder, Leon County (Attachment #3). 

• Three additional properties escheated to Leon County in March 2013. 

Consistent with Section 125.379, Florida Statutes, and Policy No. 03-01, staff recommends that 

the Board declare the eleven properties (Attachment #1) as surplus, and direct staff to schedule a 

Public Hearing to adopt a Resolution and approve a list of County-owned properties appropriate 

for affordable housing for Tuesday, July 9, 2013 at 6:00 p.m. 




at 6:00 p.m. 

June 18, 2013 

Page 3 

Unless otherwise directed by the Board, staff will seek the Board’s approval, as part of the 

July 9, 2013 Public Hearing, to: 

1. Declare these eleven properties as appropriate for affordable housing; 

2. Have staff work with Habitat for Humanity to determine which of those eleven parcels 

meet their organization’s needs for affordable housing purposes and proceed with the 

appropriate statutory process to transfer those identified parcels to Habitat for Humanity 

for the construction of permanent affordable housing, which is consistent with the 

Board’s January 29, 2013 direction; 

3. Have staff identify other appropriate affordable housing projects through Leon County’s 

affordable housing program for any of the eleven parcels that are not transferred to 

Habitat for Humanity for the construction of permanent affordable housing; and 

4. Delegate the authority to the County Administrator to sell any of the eleven properties 

identified as surplus that are not used for affordable housing purposes either through 

transfer to Habitat for Humanity or through Leon County’s affordable housing program. 

To the extent any of the eight properties, recently acquired through the use of Leon County 

Housing Finance Authority funds to pay $1,828.01 in unpaid 2012 taxes, are not utilized by Leon 

County’s affordable housing program and are transferred to Habitat for Humanity or sold, the 

funding source will be adjusted accordingly. 

Options: 

1. Declare the list of eleven properties as surplus (Attachment #1). 

2. Schedule a First and Only Public Hearing to adopt a Resolution and approve a list of Countyowned 

properties appropriate for affordable housing for Tuesday, July 9, 2013 at 6:00 p.m. 

3. Do not declare the list of eleven properties as surplus and do not schedule a First and Only 

Public Hearing to adopt a Resolution and approve a list of County-owned properties 

appropriate for affordable housing. 

4. Board direction 



Attachments: 

1. List of Recommended Properties for Affordable Housing Use Through the Division of 


2. Florida Statute 125.379 

3. County Tax Deed Applications Purchased May 21, 2013. 


Leon County 




To: 

Leon County 



June 18, 2013 



Title: Approval of a Proposed Lease Agreement and Associated Resolution with the 

Tallahassee Downtown Improvement Authority for Office Space in the Leon 

County Welcome Center in the Amount of $10,200 Annually 



Department/ 


Lead Staff/ 

Project Team: 




Development 

Ken Morris, Director, Economic Development & Business 

Partnerships 


Lee Daniel, Director, Leon County Tourism Development 




This item has a fiscal impact. Revenues from the proposed Lease Agreement will generate 

$10,200 annually. Revenues have been budgeted in the proposed FY2014 Budget for the Tourist 

Development Trust Fund. 


Option #1: Approve the proposed Lease Agreement with Tallahassee Downtown 

Improvement Authority for $10,200 annually, and authorize the County 

Administrator to execute. 

Option #2: Adopt the associated Resolution, and authorize the Chairman to execute. 


Title: Approval of a Proposed Lease Agreement and Associated Resolution with the Tallahassee 



June 18, 2013 

Page 2 


Background: 

Since July 1, 2010, the Tallahassee Downtown Improvement Authority (DIA) has been a tenant 

in the Leon County Welcome Center, located at 106 East Jefferson Street. The current lease 

expires on June 30, 2013. The DIA wishes to remain in the space and has proposed executing a 

new lease for the space it currently occupies (Attachment #1). Pursuant to Section 125.38, 

Florida Statutes: 

• The County is not required to advertise space for lease to the United States government, 

any department or agency thereof, the state of Florida or any political subdivision or 

agency thereof, any municipality of the State of Florida, or corporation or other 

organization not for profit which may be organized for the purpose of “promoting 

community interest and welfare.” 

• If the Board of County Commissioners is satisfied that the County-owned property that 

the entity seeks to lease is not needed for County purposes, the County may lease the 

property to the entity at such price the Board may fix. 

• A resolution, duly adopted by the Board of County Commissioners, is required to identify 

the application being made, the purpose for which the property is to be used, the price or 

rent to be paid, and the term of such lease. 

The Tallahassee DIA is a special assessment district enacted in 1971 by the Florida Legislature. 

Its mission is to promote downtown Tallahassee as a place for business and entertainment. The 

DIA receives a dedicated source of revenue from a 1 mil tax on commercial valuation in the 

downtown district. District boundaries are Tennessee Street on the north, Gadsden Street on the 

east, Jefferson Street on the south, and Bronough Street on the west. A board of directors 

appointed by the Mayor, and approved by the City of Tallahassee Commission, governs the DIA. 

Board members must be property owners and taxpayers within the DIA district. 

Analysis: 

The proposed Lease Agreement provides for use of two offices totaling 325 square feet. Based 

on current downtown lease rates for executive office suites and the facility to be leased, staff 

recommends that the two offices should continue to be leased not on a square footage rate, but on 

a “cost per office” rate, which would be $700 per month for the two offices. This rate would 

include utilities, custodial and maintenance services. In addition, the rate would include the use 

of a shared conference room and break room. The DIA would be responsible for paying for its 

internet and telephone services. 

Additionally, the DIA has requested access to the building receptionist to screen visitors to the 

DIA offices at a negotiated rate of $150 per month. The DIA would like to have this service 

continued; thus, the rate under the proposed Lease Agreement will be $850 per month or $10,200 

annually. However, if at any time during this Agreement DIA decides to request additional 

receptionist services from the Tourism Development Department staff that includes telephone 

answering and other clerical assignments, the monthly rental will increase by $190 to $1,040 per 

month or $12,480 annually. The proposed rates are the same that the DIA is paying under its 

current lease agreement. 


Title: Approval of a Proposed Lease Agreement and Associated Resolution with the Tallahassee 



June 18, 2013 

Page 3 

The term of the proposed Lease Agreement is for one year, commencing July 1, 2013 and 

expiring June 30, 2014. The proposed Lease Agreement provides for automatic renewals for two 

one-year terms, unless written notice of a desire not to renew is given, not less than 90 days prior 

to the expiration of the initial and current term. 

Options: 

1. Approve the proposed Lease Agreement with Tallahassee Downtown Improvement 

Authority for $10,200 annually, and authorize the County Administrator to execute. 

2. Adopt the associated Resolution, and authorize the Chairman to execute. 

3. Do not approve the proposed Lease Agreement with Tallahassee Downtown Improvement 

Authority, and do not adopt the associated Resolution. 




Attachments: 

1. Proposed Lease Agreement 

2. Resolution 

VSL/AR/LD/TB/GS/gs 


LEASE AGREEMENT 

Attachment #1 

Page 1 of 6 

This lease agreement made this __ day of , 2013, by and between LEON COUNTY, 

FLORIDA, a charter county and political subdivision of the State of Florida (LANDLORD), and 

the TALLAHASSEE DOWNTOWN IMPROVEMENT AUTHORITY, a public body corporate 

and politic of the State of Florida (TENANT). 

WITNESSETH: 

In consideration of the rent to be paid, the mutual covenants and agreements herein contained, 

and of other good and valuable consideration, the receipt and legal sufficiency all of which are 

hereby acknowledged by the parties hereto, LANDLORD hereby leases unto TENANT, and 

TENANT hereby leases from LANDLORD pursuant to Section 125.38 Florida Statutes, and 

other applicable laws of the State of Florida, the following: 

Office and space consisting of 325 gross square feet, more or less, and including 

side and rear ingress and egress to the front and back entrances and fire exits to 

comply with local and state codes, at 106 East Jefferson Street, Tallahassee, Leon 

County, Florida. 

The following stipulations, hereby declared to be condition of this LEASE, shall, unless 

otherwise expressly stated, be applicable at all times throughout the term of this LEASE and any 

extensions or renewals thereof, and are mutually agreed upon. 

1. TERM: This LEASE shall commence July 1, 2013 and terminate on June 30, 2014. 

This lease shall automatically renew for Two (2) additional one (1) year terms unless written 

notice of a desire not to renew is given not less than ninety (90) days prior to the expiration of the 

initial and current term. The initial term, or subsequent terms shall be renewed or extended in 

accordance with the same terms and conditions as the original lease. 

LANDLORD and TENANT further acknowledge and agree that either party may 

terminate this LEASE at its sole discretion, with such termination to be effective no sooner than 

ninety (90) days after delivery of written notice of termination to the other party in accordance 

with this LEASE. 

2. RENTAL AMOUNT: For the term hereof, TENANT shall pay LANDLORD for rental 

of occupied office and space, a total of TEN THOUSAND TWO HUNDRED and 00/100 

DOLLARS ($10,200.00) per annum, to be paid monthly in advance of the first of each month in 

an amount equal to 1/12 of the per annum amount, or EIGHT HUNDRED FIFTY and 00/100 

DOLLARS ($850.00), which shall be deposited as rental income in the Tourist Trust Fund. 

Tenant hereby represents that it is exempt from the payment of any sales tax on such rental 

amounts and agrees to provide, within 15 days after the effective date of this lease agreement, a 

certificate of exemption or other such documentation as evidence of such exemption. 

TENANT further acknowledges and agrees that if, at any time during the LEASE term, 

TENANT requests additional receptionist services from the Leon County Division of Tourism 

Development (Visit Tallahassee), including telephone answering and other clerical assignments, 

the monthly payment amount will increase to $1,040.00, or $12,480.00 annually. 


Attachment #1 

Page 2 of 6 

3. PAYMENT OF RENT: Unless otherwise specified in writing by LANDLORD to 

TENANT, TENANT shall pay all rentals required hereunder to agent, without set-off, abatement, 

or reduction at the following address: 

Leon County Division ofTourism Development (Visit Tallahassee) 

106 East Jefferson Street 

Tallahassee, FL 32301 

4. TITLE AND OWNERSHIP: LANDLORD covenants that LANDLORD has good title 

to the premises and has the right and authority to execute this LEASE for the terms and 

conditions herein contained. 

5. QUIET ENJOYMENT: LANDLORD covenants that TENANT, on the performance of 

the terms and conditions of this LEASE, shall and may peaceably and quietly have, hold and 

enjoy the premises for the term aforesaid. 

6. ALTERATIONS TO PREMISES: TENANT shall have no right to make any 

alterations to the leased premises without the consent of LANDLORD, which consent shall be in 

the LANDLORD's sole discretion. 

7. USE OF SPACE: The leased office and space shall be used for lawful business activities 

of the TENANT. TENANT shall not use the space for any purpose contrary to any law or 

ordinance duly constituted, not shall TENANT'S use of said space constitute nuisance. 

TENANT shall not use the space in any manner which would adversely affect the terms and 

conditions of a standard fire insurance policy increase the fire insurance premium. TENANT 

shall not use the outside premises for storage of equipment or materials of any kind. 

8. UTILITIES AND MAINTENANCE: LANDLORD shall pay all utilities, janitorial 

services, interior maintenance, including but not limited to plumbing, electrical, mechanical and 

incidental repairs together with maintenance and repair of the heating and air conditioning 

equipment in the building. LANDLORD shall maintain the integrity of the exterior of the 

building in good condition and shall be responsible for any repairs to the roof and/or foundation 

and outside walls of the building. 

9. LIABILITY INSURANCE: With respect to personal injury or property damage 

occurring in or about the demised premises, TENANT shall carry public liability insurance in at 

least the amounts of $300,000.00/$500,000.00 for personal injury, $100,000.00 for property 

damage, and an umbrella coverage of at least $1,000,000.00, and agrees to have LANDLORD 

named as an additional insured under said insurance policy. A certificate of insurance 

evidencing such insurance coverage shall be furnished LANDLORD. Furthermore, said policy 

shall provide that it shall not be canceled unless ten (1 0) days prior written notice be given 

LANDLORD. 

10. BANKRUPTCY: In the event of bankruptcy, insolvency or assignment of assets for 

benefit of creditors by either party hereto, the other party shall have the right to terminate this 

LEASE. 

Page 2 of6 


Attachment #1 

Page 3 of 6 

11. INDEMNITY: TENANT will save harmless and indemnify LANDLORD from and 

against any and all claims, actions, damages, liability, and expense, including attorneys' fees, in 

connection with loss of life, personal injury and/or damage to the property arising from, out of, or 

in connection with in any manner, the occupancy of the use of the said premises by TENANT, 

TENANT's agents, employees or any sub-tenants. 

12. ASSIGNMENT: TENANT may not assign this LEASE or sub-let all or any part of the 

premises, nor may the LEASE be assigned or the premises sub-let by operation oflaw. 

13. DEFAULT: If TENANT shall fail to perform any of the agreements or covenants on 

TENANT's part required to be performed under this LEASE, or shall TENANT fail to pay the 

rent, or shall abandon the leased premises prior to the expiration of the term, and such failure 

shall continue for a period of ten (10) days after written notice, LANDLORD may, at 

LANDLORD's option, terminate this LEASE. In the event of such default on the part of 

TENANT, LANDLORD shall be entitled to recover from TENANT all damages suffered 

thereby, including a reasonable sum for attorneys' fees incurred by LANDLORD for enforcing 

LANDLORD's rights hereunder. 

14. PROPERTY OF TENANT: TENANT agrees that all furnishes, trade fixtures, and other 

property of the TENANT located on the leased premises shall be so located at the sole risk of the 

TENANT and LANDLORD shall not, in any manner whatsoever, be liable for any damage to 

any such property of TENANT. 

15. RIGHT OF ENTRY: LANDLORD shall have the right to enter the leased premises at 

reasonable hours during the day or night to examine the same as LANDLORD may deem 

necessary, or to exhibit the same to prospective purchasers, lenders, or contractors. 

16. CONDEMNATION: If at any time during the term ofthis LEASE, the property or any 

such part is taken for any public or quasi-public use under statute or right of eminent domain by 

the COUNTY. TENANT HEREBY waives any and all claims against COUNTY as a 

condemning authority for any actual provable damages caused by such condemnation 

proceedings. If parking provided under the leases is taken by an action of COUNTY, COUNTY 

will provide similar parking arrangements on or adjacent to the leased property for use by 

TENANT. TENANT shall have the option of terminating this lease in the event of 

condemnation when possession shall have been taken by a condemning authority. Other than a 

condemnation proceeding by LEON COUNTY, TENANT and LANDLORD shall be free to 

make a claim against the condemning authority for the amount of the actual provable damage 

done to each of them in such proceedings. 

17. TAXES: LANDLORD shall pay all real estate ad valorem taxes and assessments. 

18. SALE OR TRANSFER OF LANDLORD'S INTEREST: In the event of the sale, 

assignment, or transfer by LANDLORD of LANDLORD's interest in the demised premises, 

LANDLORD shall thereupon be released or discharged from all covenants and obligations of the 

LANDLORD except such liabilities and obligations of the LANDLORD as shall have accrued 

prior to any such sale, assignment, or transfer, and TENANT agrees to look solely to such 

successor in interest of LANDLORD for performance of such obligations. 

Page 3 of6 


Attachment #1 

Page 4 of 6 

19. HOLDING OVER: In the event TENANT remains in possession of the demised leased 

premises after the expiration of this LEASE and without the execution of a new LEASE, it shall 

be deemed to be occupying said premises as a TENANT at will and obligated to pay a rental of 

$500.00 which rental shall be payable daily, and otherwise subject to all the conditions, 

provisions and obligations of this LEASE insofar as the same are applicable to a month-to-month 

tenancy, and in no event shall thereby any renewal of this LEASE by operation oflaw. 

20. NOTICES: Whenever notice shall or may be given to either of the parties by the other, 

each such notice shall be in writing and be by registered or certified mail addressed to the party at 

the following addresses, unless changed in the manner hereinafter provided: 

LANDLORD: 

Leon County Division of Tourism Development (Visit Tallahassee) 

Attention: Executive Director 


Tallahassee, FL 3 23 01 

With copies to: 

TENANT: 

Herbert W. A. Thiele, Esq., County Attorney 

Leon County Attorney's Office 



Tallahassee Downtown Improvement Authority 

Attention: Executive Director 



The foregoing addresses may be changed by notice given in like manner. Any such 

notice shall be deemed to haye been given at the time it is placed in the mail with proper postage 

affixed. 

21. NON-WAIVER PROVISION: The failure of either party hereto to insist upon a strict 

performance of any of the terms or conditions herein shall not be deemed to be a waiver of any 

rights or remedies that either party shall have and shall not be deemed to be a waiver of any 

subsequent breach or default under the terms hereof. 

22. SURRENDER OF PREMISES AND EQUIPMENT: TENANT shall surrender to 

LANDLORD the premises at the expiration of the term hereof, or any extension thereof, or upon 

termination by virtue of TENANT's default. 

Page 4 of6 


Attachment #1 

Page 5 of 6 

23. ABANDONMENT OF PREMISES: If, for any reason, the TENANT abandons the 

premises, LANDLORD, at LANDLORD'S sole option, shall have the right to terminate this 

LEASE, in which event, neither party shall be obligated to the other for matters thereafter 

occurring, or, in the alternative, LANDLORD may elect to keep this LEASE in full force and 

effect, in which latter event, LANDLORD and TENANT shall continue to be bound and 

obligated to the other pursuant to the terms hereof. 

25. SUCCESSORS AND ASSIGNS AND INCLUSIVENESS OF TERMS: The 

covenants, conditions, and agreements contained in this LEASE shall bind and inure to the 

benefit of LANDLORD and TENANT and their respective legal representatives, successors and, 

except as otherwise provided in this LEASE, their assigns. Whenever LANDLORD and 

TENANT are herein referred to, such reference shall be construed as applying to their respective 

successors in interest and assigns and, where the context requires or admits, to their agents, 

employees, invitees, and similar representatives. 

26. LIENS: all persons are put upon notice of the fact that TENANT does not, and will in no 

event under any circumstances, have the power to subject the interest of LANDLORD in the 

premises to any mechanic's or materialmen's liens or lien of any kind. TENANT further agrees, 

upon request of LANDLORD to furnish LANDLORD with a list of all persons or entities 

furnishing labor or material to said premises so that LANDLORD may advise such persons or 

entities of the aforesaid provisions. 

TENANT covenants and agrees with the LANDLORD that TENANT will not permit or 

suffer to be filed or claimed against the interest of the LANDLORD in the demised premises 

during the continuance of this LEASE any lien or claim of any kind, and if such lien be claimed 

or filed, it shall be the duty of TENANT with ten (1 0) days after written notice from 

LANDLORD to cause the premises to be released from such claim, either by payment or by the 

posting of bond or by the payment into the court of the amount necessary to relieve and release 

the premises from such claim. Any lien placed by TENANT on the demised premises shall be 

subject to and subordinate to LANDLORD's interest in the demised premises. 

27. CAPTIONS: The captions in the LEASE are for convenience only, are not a part of this 

LEASE and do not in any way limit or amplify the terms and provisions of this LEASE. 

28. RADON GAS: Radon is a naturally occurring radioactive gas that, when it has 

accumulated in a building in sufficient quantities, may present health risks to persons who are 

exposed to it over time. Levels of radon that exceed federal and state guidelines have been found 

in buildings in Florida. Additional information regarding radon testing may be obtained from the 

county public health unit. 

29. ENTIRE AGREEMENT: This LEASE contains all the agreements between the parties 

hereto and may not be modified in any manner other than by agreement in writing signed by all 

the parties hereto, or their successors in interest. 

30. PUBLIC ENTITY CRIMES: In accordance with Section 287.133, Florida Statutes, 

signatory for TENANT hereby certifies that to the best of his/her knowledge and belief neither 

Page 5 of6 


Attachment #1 

Page 6 of 6 

TENANT nor its affiliates has been convicted of a public entity crime. Violation of this section 

by TENANT shall be grounds for cancellation of this agreement by LEON COUNTY. 

31. SUBJECT TO BUDGET: The performance of LANDLORD of any if its obligations 

under this LEASE shall be subject to and contingent upon the availability of funds budgeted by 

LANDLORD or otherwise lawfully expendable for the purposes of this agreement for the current 

and future periods. 

32. CHOICE OF LAW: This LEASE shall be governed by, construed, and enforced in 

accordance with the laws of the State of Florida. 

IN WITNESS WHEREOF, LANDLORD and TENANT have fully executed this LEASE 

as of the day and year first written above. 


BY: ________________________ __ 


DATE: ______________________ __ 

ATTEST: 

Bob Inzer, Clerk ofthe Court 


BY: ________________ __ 

Approved as to Form: 

Leon County Attorney's Office 

BY: --------------------------- 

Herbert W. A. Thiele, Esquire 


Page 6 of6 

TALLAHASSEE DOWNTOWN 

IMPROVEMENT AUTHORITY 

BY: ____________ _ 

Print Name: -------------------- 

Title: ------------------------- 

DATE: ____________________ _ 

Witnesses as to Tenant: 

Print Name: -------------------- 

Print Name: __________________ __ 


F91-00063 

RESOLUTION: 13-______ 

RESOLUTION OF INTENT TO LEASE COUNTY PROPERTY, 

PURSUANT TO FLA. STAT. §125.38, TO DOWNTOWN IMPROVEMENT 

AUTHORITY, A PUBLIC BODY CORPORATE AND POLITIC 

WHEREAS, the Tallahassee Downtown Improvement Authority (the “TDIA”) is a dependent 

special district organized in accordance with Florida law as a public body corporate and politic of the 

State of Florida whose mission is to promote downtown Tallahassee as a place for business and 

entertainment; and 

WHEREAS, the TDIA desires to lease office space in a building owned by Leon County, and 

occupied by the Leon County Division of Tourism Development (Visit Tallahassee), for the purposes 

of operating the TDIA’s administrative offices in furtherance of its mission, and has indicated such 

desire by applying to the Leon County Board of County Commissioners (the “Board”) in an Agenda 

Request at the regularly scheduled Board meeting on June 11, 2013; and 

WHEREAS, the Board has determined that such office space is required for the use as 

indicated by TDIA and is not needed for County purposes. 

NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Leon 

County, Florida, assembled in regular session this 11th day of June, 2013, that, pursuant to Section 

125.38, Florida Statutes (2012), the office space comprising approximately 325 square feet located at 

106 E. Jefferson Street, Tallahassee, Florida shall be leased to the TDIA at an annual rental rate of 

$10,200.00, to be paid in monthly payments in the amount of $850.00, for a term of one year with 

two one-year automatic renewals; provided, however, that if at any time during the lease term the 

TDIA requests additional receptionist services from the Leon County Division of Tourism 

Page 1 of 2 

Attachment #2 

Page 1 of 2 


Development (Visit Tallahassee), including telephone answering and other clerical assignments, the 

monthly payment amount will increase to $1,040.00, or $12,480.00 annually. 

F91-00063 

Passed and adopted on this 11th day of June, 2013. 

ATTEST: 

Bob Inzer, Clerk of the Circuit Court 


BY:__________________________ 



By:__________________________ 




BY: ___________________________ 



Page 2 of 2 

Attachment #2 

Page 2 of 2 


Leon County 




To: 

Leon County 



June 18, 2013 



Title: Acceptance of the Lake Jackson Town Center at Huntington “Sense of Place” 

Initiative 



Department/ 


Lead Staff/ 

Project Team: 


Tony Park, P.E., Public Works and Community Development 

Wayne Tedder, Planning, Land Management and Community 

Enhancement (PLACE) 

Roxanne Manning, Planning Manager 

Cherie Bryant, Comprehensive Planning & Urban Design Manager 

Earnest McDonald, Principal Planner 


The Huntington “Sense of Place” Initiative would benefit from an initial public investment to 

support community goals and provide a catalyst for public/private partnerships. Staff 

recommends that the Board provide initial funding in the amount of $100,000 followed by 

$50,000 annually as part of the capital improvement program for plan implementation. If such 

funding is provided, Planning staff will coordinate with the Huntington community to prioritize 

the capital investment. 


Option #1: Accept the Lake Jackson Town Center at Huntington “Sense of Place” Initiative; 

direct the inclusion of $100,000 as part of the FY2014 capital improvement 

program followed by $50,000 annually for plan implementation; and, authorize 

coordination with potential partners such as the City of Tallahassee and Florida 

Department of Transportation. 


Title: Acceptance of the Lake Jackson Town Center at Huntington “Sense of Place” Initiative 

June 18, 2013 

Page 2 

Background: 


In 2012, the Leon County Board of County Commissioners adopted a Strategic Plan to establish 

priorities for guiding project implementation over a two-year period. With this plan, the Board 

undertook an initiative to redevelop Huntington Oaks Plaza (Lake Jackson Town Center; 

hereinafter referred to as Huntington), by expanding the Lake Jackson Branch Library and 

creating a new community center through a “Sense of Place” initiative. 

Pursuant to that effort, Planning staff conducted a community workshop on April 16, 2012 to 

facilitate public discussions that included a SWOT (Strengths, Weaknesses, Opportunities, and 

Threats) analysis, which resulted in various ideas and citizen map sketches. This participatory 

process established community priorities and infrastructure needs for Huntington. The goal of 

the workshop was to initiate the creation of a clear vision for the area that may be implemented 

over time in future budget cycles. 

Meeting attendees expressed strong support for the proposal, as well as commitment to remain 

involved in the planning process throughout implementation of the Huntington “Sense of Place” 

Initiative. 

Investments to Date 

To “Activate the Town Center,” a critical component of any placemaking effort, several key 

improvements to the Leon County Lake Jackson Branch Library were identified in the planning 

process. Through its recent expansion, the library is providing wireless access and a computer 

lab, as well as covered book drop-off for library patrons. 

Leon County recently celebrated the grand opening of the new Community Center adjacent to 

the library. Currently, the library is offering Story Time and Baby Time programs in the 

Community Center, together with several adult and teen book clubs. Other library programs will 

be planned for the community rooms in the future. 

To “Connect Places” within the area, the Leon County Public Works Department has several 

sidewalk extension projects planned, or nearing completion, in close proximity to the Huntington 

Town Center. A sidewalk has been completed along Fred George Road from North Monroe 

Street to Springwood Elementary School. Additionally, the Public Works Department is in the 

process of resurfacing Fred George Road and installing guardrails to reduce the number and 

severity of accidents. County staff will seek assistance from the Florida Department of 

Transportation (FDOT) and Capital Regional Transportation Planning Agency (CRTPA) to fund 

additional sidewalks on North Monroe Street, as well as implement intersection improvements to 

enhance pedestrian safety. 



June 18, 2013 

Page 3 

Analysis: 

Vision and Goals 

The public comments received in the community workshop provided a clear image of how 

citizens in the Huntington area would like to see their community grow. The participants have 

encouraged redevelopment of the Huntington Town Center – supported by outdoor events, 

connectivity to existing trails and demarcation as a unique local destination. The comments were 

organized by major themes, whose ideas, proposals and concerns were used to formulate specific 

goals in the district. These goals generally comprise the following three major headings: 

Reinvesting in the Community Center 

1. Creating a Center 

2. Activating the Center 

3. Defining the Place 

Improving Connections (Traveling between Places) 

4. Connecting Places 

5. Improving Safety for All Modes 

Utilizing Natural and Historical Resources (Surrounding neighborhoods, parks, etc.) 

6. Greening the Place 

7. Building a Community Voice 

Report 

The Huntington “Sense of Place” Initiative is summarized in a report that articulates the vision 

and goals of the community by providing numerous project ideas (Attachment #1). It is 

important to note that implementation is expected to occur as funding becomes available. Over 

time, as priorities change, the report may be amended to reflect the wishes of citizens residing in 

the area. With the understanding that this report is merely a non-committal policy guide for 

future improvements, Planning staff will continue meeting with the Huntington Working Group 

(once established) on a quarterly basis to assess progress and provide updates to the Board of 

County Commissioners every six months. Additionally, Planning staff will coordinate all 

programmatic and capital improvements with funding partners, as outlined in the report. 

Collaboration and Continued Focus 

A primary theme throughout the planning process has been coordination and cooperation 

between public and private entities to ensure the successful implementation of the placemaking 

goals. The community-building activities will be the responsibility of the neighborhoods, while 

infrastructure improvements will be the domain of public agencies. In cases where the 

responsibilities are not clearly defined, Planning staff will act as facilitators in helping 

community groups achieve specific tasks. 



June 18, 2013 

Page 4 

The relationships forged during this “Sense of Place” initiative will be beneficial for 

implementation. As infrastructure projects are conceived, planned, designed, and constructed, 

Planning staff will continue to work with community groups to communicate information and 

invite public participation in an ongoing collaborative process. 

Options: 

1. Accept the Lake Jackson Town Center at Huntington “Sense of Place” Initiative; direct the 

inclusion of $100,000 as part of the FY2014 capital improvement program followed by 

$50,000 annually for plan implementation; and, authorize coordination with potential 

partners such as the City of Tallahassee and Florida Department of Transportation. 

2. Accept the Lake Jackson Town Center at Huntington “Sense of Place” Initiative; direct the 

inclusion of $50,000 as part of the FY 2014 budget process; and, authorize coordination with 

potential partners such as the City of Tallahassee and Florida Department of Transportation. 

3. Accept the Huntington “Sense of Place” Initiative and direct preparation of a budget 

discussion item for funding consideration in the FY 2014 budget process. 

4. Do not accept the Huntington “Sense of Place” Initiative. 



Option #1. 

Attachment: 

1. Lake Jackson Town Center at Huntington “Sense of Place” Initiative Report 


2 

Lake Jackson Town Center at Huntington 

“Sense of Place” Initiative 

Attachment #1 

Page 2 of 30 


TALLAHASSEE-LEON COUNTY 

DEPARTMENT 

PLACE - PLANNING, LAND MANAGEMENT AND COMMUNITY ENHANCEMENT 


Bill Proctor, District 1 

Jane G. Sauls, District 2 

John E. Dailey, District 3 

Bryan Desloge, District 4 

Kristin Dozier, District 5 

Mary Ann Lindley, At-Large 

Nick Maddox, At-Large 



Vincent S. Long County Administrator 

Alan Rosenzweig Deputy County Administrator 

Tony Park PE Director of Public Works and Community Development 

leoncountyfl.gov 

Tallahassee-Leon County Planning Department 

Wayne Tedder, AICP Director 

Roxanne Manning, AICP Planning Manager 

Cherie Bryant, AICP Comprehensive Planning and Urban Design Division Manager 

Zach Galloway, AICP Senior Planner 

Jeremy Floyd, ASLA Senior Planner 

Earnest McDonald, AICP Principal Planner 

Frank Dietrich Graphic Designer 

Frenchtown Renaissance Center 

435 North Macomb Street 

Tallahassee FL 32301 

850.891.6400 

Mailing address: 

300 South Adams Street, A-24 


talgov.com/planning 

“Sense of Place” Initiative 3 

Attachment #1 

Page 3 of 30 


TABLE OF CONTENTS 

I. ‘Sense of Place’ Initiative 5 

II. History of the Area 7 

III. Demographics 9 

IV. Existing Conditions 11 

V. Creating a Cohesive District 13 

The Center 15 

GOAL 1: Create a Center 15 

GOAL 2: Activate the Center 15 

GOAL 3: Define the Place 16 

Connections 17 

GOAL 4: Connect Places 17 

GOAL 5: Improve Safety for All Modes 18 

The Ring 19 

GOAL 6: Green the Place 19 

GOAL 7: Build a Community Voice 20 

VI. Next steps 22 

VII. Sources 23 

Appendices 24 

A. Frequently Used Acronyms 24 

B. SWOT analysis 24 

C. Public comments 26 

4 



Attachment #1 

Page 4 of 30 


‘SENSE OF PLACE’ 

INITIATIVE 

“to be a provider of essential services 

in our continuous efforts to make Leon 

County a place where people are healthy, 

safe, and connected to their community.” 

In 2012, the Leon County Board of County Commissioners adopted a 

Strategic Plan to establish priorities and guide project implementation for 

a two year period. In that Plan, the Board asserts that Quality of Life is a 

strategic priority, and pursuant to that, seeks “to be a provider of essential 

services in our continuous efforts to make Leon County a place where 

people are healthy, safe, and connected to their community.” Under this 

strategic priority, the Board undertook the following initiative: 

“Redevelop Lake Jackson Town Center at Huntington (formerly Huntington 

Oaks Plaza and hereafter referred to as the Huntington Town Center), 

which will house the expanded Lake Jackson branch library and new 

community center, through a ‘Sense of Place’ initiative.” 

Contained within this single directive are numerous moving parts. Already, 

the Departments of Facilities Management and Library Services are 

tasked with the physical renovations to the County-owned shopping center, 

including expansion of the branch library and creation of a new community 

center. However, there is more to creating a ‘sense of place’ than simply 

renovating a single site. 

An area with a ‘sense of place’ usually includes a recognizable center and a 

public gathering spot where everyone is welcome. There may also be retail 

services and places of employment, plenty of people on the move, and 

possibly organized events and activities. However, a place is more than the 

sum of its individual parts and typically has a shared character or identity. 

Tallahassee and Leon County has several burgeoning placemaking districts 

that are easily identifiable. Just as Midtown, the Market District, and 

Gaines Street are recognized entities with a shared character, Huntington 

has all the necessary pieces – strong neighborhoods, community schools, 

a beloved gathering spot at the library and plenty of retail destinations 

along N. Monroe Street – to become a strong, cohesive and recognizable 

‘sense of place’. 

No one knows more about a place than the people who live there, 

experience it every day and make it their own. Therefore, the Lake Jackson 

Town Center at Huntington Sense of Place Initiative is based on public 

involvement and input. Citizens from the surrounding neighborhoods, 

area business owners, patrons of the library and community organizations 

participated in table sessions that included map sketches and a SWOT 

(Strengths, Weaknesses, Opportunities and Threats) analysis. These public 

participatory tools established community priorities and infrastructure 

needs that will be incorporated into future budgets to achieve the 

community’s desired outcome. 



Attachment #1 

Page 5 of 30 

This plan was largely guided by citizen input gathered during a 

public workshop and tabling session held on April 16, 2012. 


6 



Attachment #1 

Page 6 of 30 


HISTORY OF THE 

AREA 

Indian mounds 

More than eight centuries ago, Native Americans inhabited the area 

around Lake Jackson, just north of Tallahassee. The Apalachee peoples 

of the Mississippian culture were known as mound builders. Their society 

is believed to have had a well-organized political system residing in 

regional centers, such as the Lake Jackson site. A rich array of objects, 

including elaborate copper breast plates, shell beaded necklaces, 

bracelets, and anklets have been found in the area. These artifacts 

indicate religious and trading ties with other large, pre-historic Indian 

ceremonial centers. There is also evidence that the Native Americans 

along Lake Jackson flourished around A.D. 1200. The area was probably 

the regional political and religious center during the period A.D. 1200 to 

A.D. 1500. Its prominence as a regional center can be seen today at the 

200+ acre Lake Jackson Mounds Archeological State Park. The largest 

of the remaining excavated, earthen mounds is 278 feet by 312 ft. at 

the base and approximately 36 ft. in height. The 36-ft. high mounds 

would have offered grand views of the lake known as Okeeheepkee or 

‘Disappearing Waters’ in the local Native American language. 

Spanish Mission Period 

Following the Native American settlements, Spanish missionaries 

ventured into the hinterlands from their coastal St. Augustine outpost. By 

the mid-1500s, numerous missions had been established amongst the 

Apalachee peoples. The most famous of these locally was San Luis, but 

other smaller village missions can be found throughout present day Leon 

County. Slowly, the rivalries of Europe and the Caribbean materialized 

in Florida. With the establishment of the British colony in Georgia, the 

Spanish missions came under assault by both British troops and settlers. 

The Spanish missions would succumb to these repeated attacks, and the 

Florida territory transitioned to British control. 

Florida Territorial Period 

On March 30, 1822, the United States merged East Florida and part 

of West Florida into the Florida Territory. An agricultural economy had 

already emerged along the Lake Jackson shores when two significant 

plantations, Casa de Laga and the holdings of Colonel Robert Butler, were 

founded. Each of these plantations totaled more than 1000 acres, with 

nearly half in cultivation. By the turn of the 20 th Century, Casa de Laga 

had morphed into a hunting lodge for northern tourists, while operation of 



a grist mill continued on the former Butler property. Remains of the grist 

mill, supporting dam and slough can be seen today along the State Park 

interpretive trails. 

Lake Jackson, or Okeeheepkee – the 

disappearing waters 

Lake Jackson has drained at least seven times in recorded history. Early 

documentation notes a rapid overnight drainage of Lake Jackson in the 

winter of 1837. Another draining, which was attributed to the distant 

Charleston, South Carolina earthquake, occurred in 1891. Similar 

disappearances of lake portions occurred after periods of low rainfall in 

May and June of 1907 and 1909. In January, March and July of 1932, 

the Tallahassee Democrat reported the disappearance of the lake water 

and the death of stranded fish in the thousands. After each event, the 

lake was replenished by rainfall. Subsequent drainings occurred in 1957 

and 1982 following periods of low rainfall. More recently, in September 

1999, Lake Jackson drained into Porter Hole Sink over a period of several 

weeks. After the lake had completely drained, geologists were able to 

descend into the sink for a first-hand look at the karst features. In the 

summer of 2012, a smaller drawdown occurred when Porter Hole again 

opened. 

Fred George Road and Huntington Oaks 

Attachment #1 

Page 7 of 30 

The lands surrounding Lake Jackson and those tracts owned by the 

Tallahassee Pecan Company experienced the same rapid suburban 

growth that hit the nation from the 1960s through the 1980s. In 

1973, the Board of County Commissioners approved the Huntington 

Development of Regional Impact (DRI), which included plans for 4,500 

residences, as well as over 40 acres of commercial, retail, and office 

development. These areas, located on both sides of Fred George Road 

and west of North Monroe Street, are now known as Huntington Estates, 

Plantation Woods, Settlers Springs and several other neighborhoods. 

While approved primarily for single family homes across the nearly 1,000 

acres, there were three commercial and apartment clusters planned at 

the intersections of Fred George Road and Mission Road, Old Bainbridge 

Road, and North Monroe Street. Today, much of the office development 

allocated near the Mission Road intersection has been acquired for a 

future City park. The apartment and townhouse aspects have not yet fully 

developed. 


8 



Attachment #1 

Page 8 of 30 


DEMOGRAPHICS Population 

Due to the extensive array of retail, 

services, and public amenities in close 

proximity, continued interest in this 

sector of Leon County is projected. 

StarMetro Bus 

Huntington is developed predominantly with low-density, single-family 

subdivisions. However, apartment communities have developed near a 

few major intersections. Due to the extensive array of retail, services, 

and public amenities in close proximity, continued interest in this sector 

of Leon County is projected. 

According to population projections based on 2011 data from the U.S. 

Census Bureau, areas within a 3-mile radius of the Town Center are 

expected to grow by 2.87 percent over the next 5 years. This is the 

same growth rate projected for Leon County, although projections are 

higher (3.65 percent) inside the City limits. Table 3.1 illustrates growth 

projections for Huntington over the next 5 years. 

Table 3.1. Population Growth Projections for Huntington 

2011 2016 

Population 37,717 38,886 

Households 15,810 16,316 

Families 8,805 8,984 

Source: U.S. Census Bureau 

Additionally, this growth reflects the composition of the larger Leon 

County community. Whereas the population figures for Leon County 

are often skewed by the large proportion of university aged residents, 

Huntington provides a clear picture of the local population. Regardless 

of the distance – 1 or 3 mile radii from the Plaza – the percentage of 

household types is relatively the same. Households with 2 or more 

people comprise approximately 75 percent of all households, with single 

occupant households making up the balance. 

Housing and Neighborhoods 

Huntington neighborhoods are stable with high rates of homeownership 

and low vacancies, which suggest they are highly desirable. According to 

recent data, the area has a higher percentage of homeownership (65%) 

than the whole of Leon County (55%). Similarly, vacancy rates across 

the County are 10.6 percent, but Huntington has a rate of less than 7 

percent. This positive data reflects the long established residential areas 

of Settlers Springs, Huntington Plantation and numerous subdivisions 

along the shores of Lake Jackson. 



Education 

Often the presence of certain retail establishments, personal services, 

employment centers, or park amenities are common explanations for 

housing desirability and demand. More often, however, the quality of 

local schools is the most important variable. There are no high schools 

or middle schools within the area, but elementary schools received 

high ratings (A and B) during the most recent State and National testing 

assessments. 

Commuting Habits 

Attachment #1 

Page 9 of 30 

Huntington is served by two StarMetro bus routes, which travel along 

Mission Road and North Monroe Street before arriving at the Town 

Center. There, patrons can utilize bus transfers or a large parking area 

– a de facto park-and-ride – for travel to various southern points in the 

community. The vast majority of area residents use personal cars for 

travel, while only .7 percent utilizes public transit. While this seems 

minimal, it is comparable to bus ridership in the greater Leon County 

community. A slightly higher percentage (1.5%) is found within 1 mile 

of the Huntington Town Center. This can be attributed to higher density 

housing stock in close proximity to the transfer site and North Monroe 

Street. Despite the modest numbers, Huntington residents participating 

in the public involvement phase of this “Sense of Place” Initiative 

requested improved transit facilities at the shopping plaza and along the 

bus routes. Table 3.2 shows commuter practices in the area. 

Table 3.2. Commuter practices near Lake Jackson Town Center 

at Huntington 

Travel Mode Within 1 mile Within 3 miles 

Drove alone 2,358 (84.5%) 17,580 (86.7%) 

Carpooled 258 (9.3%) 1,859 (9.2%) 

Public transportation 42 (1.5%) 148 (0.7%) 

Bicycle 0 (0%) 39 (0.2%) 

Walk 0 (0%) 95 (0.5%) 


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Attachment #1 

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10 Lake Jackson Town Center at Huntington 



EXISTING CONDITIONS 

Leon County’s expansion of the existing 

branch library is expected to reinvigorate 

the Huntington Town Center. 

An Evolving Suburban Center 

The convergence of North Monroe Street, Fred George and Crowder 

Roads is the recognizable center of the loosely defined Huntington 

area. Walking at a normal pace, most adults can cover a mile in about 

5 minutes. Within a half-mile of the major intersection, Huntington area 

residents have access to numerous retail establishments, personal 

services, places of employment, and religious institutions. Community 

services like the public library and State Park are also nearby. 

Leon County’s expansion of the existing branch library is expected 

to reinvigorate the Huntington Town Center. With continued private 

investment and public support, the current development pattern – which 

is largely indistinct from other suburban shopping centers nationwide – 

can transform the area into a unique ‘sense of place’. Existing assets on 

which to establish a potential transformation of the district include the 

Huntington Boulder, which is considered a community landmark near the 

Fred George Road median at North Monroe Street. As one local resident 

described it, the County must “take care of our rock lovingly.” Such a 

statement makes it clear that local residents know their community and 

take ownership of it. 

A Green Corridor 

In addition to the built environment, a place can be defined by what is 

preserved. Many area citizens commented on their use of existing parks 

and the need to improve them or establish new ones. From the Lake 

Jackson Mounds Archeological State Park in the east to the recently 

acquired County park land near Capital Circle Northwest and City park 

land near Mission Road, Fred George Road is a green corridor where local 

residents have easy access to public parks at every turn. In fact, there is 

a park approximately every half-mile along the corridor. 

Parks + Open space 

On the eastern edge of the district, the Lake Jackson Eco-passage was 

completed in the summer of 2010. This environmentally sensitive wildlife 

project runs parallel to North Monroe Street (US Highway 27), directing 

wildlife to several culverts under the busy thoroughfare. The diversion 

walls pass one of the four boat ramp facilities in Huntington that are 

maintained by the Leon County Division of Parks and Recreation. Others 



are found at Faulk Drive, Crowder Road, and Fuller Road. The passive 

Jackson View Park is located just east of the intersection of North Monroe 

Street and Clara Kee Boulevard. Adjacent to the Fuller Road boat ramp, 

the recently constructed Okeeheepkee stormwater facility offers yet 

another recreational opportunity for area residents. Planned trails could 

connect to the Lake Jackson Mounds Archeological State Park. There 

are two large publicly owned tracts of land on the district’s western 

edge – the County’s Fred George Greenway that will be predominantly a 

passive park and the City’s Northwest Park at the corner of Fred George 

and Mission Roads. The County lands are scheduled for development 

in the near future, and the City park is a top priority for the Department 

of Parks, Recreation, and Neighborhood Affairs when funding becomes 

available. 

Trails + Greenways 

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Greenway linkages are proposed between the parks and boat ramps that 

dot the shoreline of Lake Jackson. Both the Tallahassee-Leon County 

Bicycle and Pedestrian Master Plan (2004) and the Greenways Master 

Plan (2004) recognize the benefits of a circumferential trail. However, the 

challenge of property acquisition may preclude that proposal. Instead, 

the Greenways Master Plan proposes a route of multi-use trails through 

public lands and quiet residential streets to make connections between 

the green spaces. These routes could connect the Okeeheepkee 

Pond to the state park and northward to Jackson View Park. In fact, 

the State of Florida acknowledged the need for the southern linkage 

in their Lake Jackson Mounds Archeological State Park management 

plan. In that plan, the Leon County-owned parcel to the south, known 

as Okeeheepkee Prairie, would be used to protect the lake-front marsh 

resources, construct a naturalistic stormwater treatment marsh and 

provide recreational opportunities through the development of a public 

park. Park plans include a walking trail around the storm water pond, a 

boardwalk to the lake and a picnic area. Because of the County parcel’s 

proximity to the State Park, there is potential to link these parks with a 

trail. 

Other publicly owned parcels along the Fred George Road corridor 

have potential to be converted to small pocket parks in conjunction 

with StarMetro transit stops. Other parcels are privately owned but 

may be largely undevelopable due to the abundance of on-site wetland 

features, thereby creating ideal locations for publicly accessible greenway 

connections from major destinations to surrounding neighborhoods. 


CREATING A 

COHESIVE 

DISTRICT 


Today, the residential and commercial areas surrounding the Huntington Town 

Center lack a clear identity. There is a collection of residential areas along the Lake 

Jackson shoreline. To the west, a large swath of the area is covered with more 

residential subdivisions. In the center, there is a collection of shopping centers 

and a few community uses. This loose definition of ‘place’ and lack of a cohesive 

identity across the district underpins the simple and straightforward goals for the 

Huntington “Sense of Place” Initiative. As public and private investment continues 

and progress is made toward these goals, Huntington should develop a stronger 

identity recognizable to local residents and throughout Leon County. 

The Center 

GOAL 1: Create a Center 

GOAL 2: Activate the Center 

GOAL 3: Define the Place 

Connections 

GOAL 4: Connect Places 

GOAL 5: Improve Safety for All Modes 

The Ring 

GOAL 6: Green the Place 

GOAL 7: Build a Community Voice 


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Before 

After 

The Town Center 

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Please see page 24 for an explanation of partner acronyms. 


The Center 

In urban settings, creating a sense of place often includes the design 

and construction of new public gathering spaces like a park, downtown 

square, or performance venue. Huntington has a different context. The 

existing Town Center presents an opportunity to define a unique identity. 

The public investment provides life in the form of an enlarged library and 

new community center. Beyond this, local residents need a reason to visit 

the newly renovated shopping center. This may take the form of weekly 

gatherings, monthly events or full tenancy by establishments that attract 

people. A place only establishes identity and becomes the recognizable 

community hub when citizens gather, participate, and take ownership of 

their public spaces. To that end, citizens’ comments have encouraged 

redevelopment of the Huntington Town Center to include outdoor reading 

areas for library parishioners and a walking trail around the site perimeter. 

Lastly, many residents felt the larger district around the Town Center could 

be better defined. Whether exiting Interstate 10 and traveling north or 

commuting into Tallahassee, as one travels on North Monroe Street, it should 

be clear and obvious that this is a distinct area. Fred George Road is a nicely 

landscaped thoroughfare that offers a model for this section of North 

Monroe Street. 

GOAL 1: CREATE A CENTER 

1.1 Renovate the Huntington Town Center 

Project Idea Implementation Partners Estimated Expense Status 

1.1.1 Improve façade, landscaping, and pedestrian connections in the plaza. FM High Complete 

1.1.2 Provide outdoor reading room for library patrons. FM Medium Under Construction 

1.1.3 Create a “Parcourse” around the center and connect to adjacent westward parcel. FM Medium Under Construction 

GOAL 2: ACTIVATE THE CENTER 

2.1 Programming possibilities for the Plaza 


2.1.1 Establish a farmers market in plaza parking lot, possibly with temporary tents. FM, TFN, EXT Low Mid-term 

2.1.2 Explore outdoor music performances for area residents. FM, BA, NA Low Mid-term 

2.1.3 Create outdoor sidewalk cafes. 

2.2 Branch Library 

BA Low Mid-term 


2.2.1 Explore extended library hours. (To be determined by the Board of County Commissioners) LIB Medium Long-term 

2.2.2 Provide wireless access and/or computer lab. FM Medium Complete 

2.2.3 Provide drop-off for access to book drop. FM Medium Under Construction 


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2.3 Community Center programming 


2.3.1 Explore partnership with YMCA to provide County wide programming such as, 

• Programs to meet needs of seniors, satellite Sr. Center 

• Before and after school programs 

• Arts + Crafts, painting 

• Tutoring business needed 

• Small theatre (Shakespeare in the Park[ing Lot]) 

• Dog training, through partnership with Division of Animal Control 

• Greater socialization, develop more opportunities for exercise 

• Educational evening classes 

• Library programs (Baby-time, Story-time and book clubs) (Complete) 

LIB, FM, TSC, YMCA, PRNA, 

P+R, area schools + universities 

Medium Under Consideration 

GOAL 3: DEFINE THE PLACE 

3.1 Huntington boulder 


3.1.1 Raise the stature of the boulder as a true district landmark. 

• Create a landscape plan that accentuates the boulder 

• Explore combining boulder with a water feature 

• Prevent vandalism. 

3.2 Landscape 

City + County PW, PLNG Medium Long-term 


3.2.1 Develop a streetscape plan for North Monroe Street that creates visual definition while 

FDOT, CRTPA, BCC, PW, High Long-term 

preserving sight-lines; 

• Formal streetscape (medians, sidewalks, street trees, lighting) between Cynthia Street and US Post Office. 

• Planted medians north and south of the more formal streetscape for a few blocks. 

PLNG, 

3.2.2 Improve Fred George Road median landscaping & provide better maintenance. 

City + County PW, PLNG Medium 

Mid- to Longterm 

3.3 Street lighting 


3.3.1 Create a district lighting plan in coordination with electric utility providers and FDOT. 

• Increase street lighting to improve safety 

• Provide better maintenance to remove dark areas 

• Provide fixtures that are unique to the district, likely confine to the major axis: N. Monroe Street and Fred 

George/ Crowder Roads. 

• Consider undergrounding utilities on major roads where financially feasible. 

City + County PW, UTIL, 

PLNG, FDOT 

High Long-term 

Potential streetscape improvements on North Monroe Street. 

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Example of typical street lighting. 




Many local residents utilize non-automotive 

forms of transportation. 

Newly constructed sidewalk on Fred George Road. 


Connections 

A recognized communal center, node or activity center, can only thrive if it 

is safe and convenient for travelers. Because of its suburban context that 

prioritizes automobile access, the Huntington shopping plaza is safe and 

convenient to motorists. Of course, significant portions of the population, 

including children and senior citizens, are unable or prefer not to drive. 

During the public workshop, numerous local residents commented that 

they would walk or ride a bicycle in the area if it were safe. From the wellworn 

trails that run along Fred George Road to the StarMetro patrons 

sitting on curbs, it has been demonstrated that many local residents utilize 

non-automotive forms of transportation. Basic non-automotive connections 

are needed on the surrounding roadways, including Old Bainbridge, which 

is a designated canopy road. Sidewalks should connect all the major 

destinations with the surrounding neighborhoods. In some locations, public 

rights-of-way are available but streets were never constructed. Therefore, 

the rights-of-ways are well placed for future multi-use trails or greenways. A 

well interconnected district should also be linked to points beyond, such as 

downtown Tallahassee or other neighborhoods. Two StarMetro routes run 

through the district. One route (Big Bend) travels North Monroe Street and 

the other (Forest) travels Mission and Fred George Roads, with a transfer 

point at the Huntington Town Center that attracts potential patrons. Along 

with better connected sidewalks, transit boarding and lighting upgrades are 

needed at all stops along the routes. 

GOAL 4: CONNECT PLACES 

4.1 Pedestrian facilities 


4.1.1 Construct sidewalks on major thoroughfares, as follows. 

• Fred George Road. (Complete from Monroe St. to Springwood Elementary School) 

• N. Monroe Street. 

• Old Bainbridge Road. 

City + County PW, PLNG, CRTPA, 

FDOT 

High Long-term, 

partially 

complete 

4.1.2 Develop trail network between residential areas, commercial corridors, and schools. PW, P+R, PRNA, PLNG, LCS High Long-term 

4.2 Bicycle facilities 


4.2.1 Explore bike paths throughout area, either off-road or bike lanes. 

4.3 Transit 

City + County PW High Long-term 


4.3.1 Improve StarMetro facilities to include safe, well lit shelter. SM High Under Construction 

4.3.2 Relocate bus transfer location closer to library/ community center frontage. FM, SM Medium Under Construction 

4.3.3 Explore potential permanent Park + Ride program at the Huntington Town Center FM, SM, BA Medium Long-term 


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Potential greenway or bicycle connections can create active options to access the Town Center. 


GOAL 5: IMPROVE SAFETY FOR ALL MODES 

5.1 Roadway Intersections 


5.1.1 Create safe pedestrian crossings on N. Monroe Street at all intersections. City + County PW, FDOT Medium Mid- to Long-term 

5.1.2 Provide pedestrian refuge islands in the medians at major intersections. City + County PW, FDOT High Long-term 

5.1.3 Increase pedestrian crossing times on N. Monroe Street. City + County PW, FDOT Low Short-term 

5.1.4 Crosswalk upgrades (e.g., continental striping, brick pavers, etc.) across N. Monroe Street. City + County PW, FDOT Medium to High Mid- to Long-term 

5.2 Traffic safety 


5.2.1 Review sight lines on Fred George Road and remove vegetative obstructions, such as shrubbery or 

rocks. 

City PW Low Mid-term 

5.2.2 Research means to tame traffic on N. Monroe Street, which is a district divider. Implement final recommendations 

as part of streetscape enhancement (Action 3.2.1) 

PW, PLNG, FDOT Low Mid-term 

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Example of potential pedestrian crossing upgrade at North Monroe Street and Fred George 

Road. 




Vacant property immediately west of the County-owned Huntington town center. 

Example of typical park with baseball fields. 


The Ring 

As noted earlier, the well regarded elementary schools, a beautiful resource in 

Lake Jackson, and numerous commercial offerings in close proximity make the 

neighborhoods surrounding the Huntington Town Center highly desirable. But, 

active recreational facilities, such as athletic fields and courts are missing. Local 

residents recognize this deficiency, and local officials have prioritized the northwest 

quadrant with the future development of two large parks. In addition, there 

are other recreational opportunities that need attention. For example, comments 

from local residents noted that area boat ramps should be redesigned to 

include benches for enjoying the sunset. Others felt the history of the Lake Jackson 

Mounds were not well publicized, nor were they well signed for those driving 

by. Such historical sites should be better incorporated into the local community. 

Next, the creation of new public green space has several benefits, and one of 

those can be as a transportation corridor. Citizens saw this duality immediately 

when discussing the large wetland and floodplain systems west of the shopping 

plaza. Though already protected by a conservation easement, extending a multiuse 

trail through the forest to connect the surrounding neighborhoods would 

broaden that benefit by providing public recreational opportunities and shortening 

bicycle and pedestrian travel times to the library. The abundance of recreational 

amenities is a valuable asset for the long-term stability of area neighborhoods. 

Lastly, these stable neighborhoods and local businesses need a unified 

voice. Throughout the community, small business groups have been organizing. 

Huntington should be no different. Just as neighborhood associations form to 

advocate for specific issues, so too should area businesses have an organized 

voice. 

GOAL 6: GREEN THE PLACE 

6.1 Parkland 


6.1.1 Explore Re-purposing vacant public lands as pocket parks and pedestrian connections. PW, P+R, PLNG High Long-term 

6.1.2 Provide connectivity to (Fred George Greenway) with full size baseball field and axillary facilities. P+R, PRNA High In design 

6.2 Greenways and Trails 


6.2.1 Explore development of a greenway through vacant property immediately west of the county-owned 

Huntington Town Center that will create a connection between the library and neighborhoods to the north. 

FM, P+R, PLNG High Long-term 

6.2.2 Explore the continuance of greenway connections across Fred George Road to Swatts Road, running 

parallel to N. Monroe Street. 

P+R, PLNG High Long-term 

6.2.3 Explore coordination with Florida State Parks system to establish pedestrian connections to the Lake 

Jackson Mounds State Park and a north-south greenway through the property. 

P+R, PLNG Medium Mid-term 


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6.3 Lake Jackson amenities 


6.3.1 Improve awareness of and signage for Lake Jackson Mounds Archeological State Park, possibly 

incorporate into official community wayfinding system. 

PW, PLNG, FL State Parks, VT Medium Mid-term 

6.3.2 Connect public properties – parks and boat ramps – with a shoreline trail around Lake Jackson. PW, PLNG, Blueprint2000 High Long-term 

6.3.3 Improve Jackson View Park by considering permanent bathrooms. PW, P+R High Long-term 

6.3.4 Provide park facilities – picnic table & grill, gazebo, landscaping, etc. – at boat landings at Lake 

Jackson for those without a boat. 

PW, P+R High Under Consideration 

GOAL 7: BUILD A COMMUNITY VOICE 

7.1 Local Businesses 


7.1.1 Establish a business association to provide voice for district businesses. BA, COC, LOT, ED+BP Low Mid-term 

7.1.2 Improve appearances of area business properties. BA Medium Continuous 

7.1.3 Utilize empty buildings to provide businesses desired by public: 

BA, FM Varied, depends on Continuous 

• New family-oriented restaurants. 

• Outdoor seating at restaurants. 

• Better retail. 

•Compatible uses for neighborhoods, such as child care. 

• Family-oriented businesses. 

the structure and site. 

7.1.4 Develop a marketable name identity for the district (e.g., Lake Jackson Town Center at Huntington) 

7.2 Neighborhoods 

BA Low Long-term 


7.2.1 Organize neighborhood associations; Need some assistance and education. NA, CONA Low Continuous 

7.2.2 Improve neighborhood services to address concerns with rental and student/ transient residents. 

ADDITIONAL ITEMS 

NA, CONA Low Mid-term 


A.1 Explore Code revisions to mandate roll out containers for all residential properties. ECD, County + City Solid Waste Low Long-term 

A.2 Neighborhood associations participate in Adopt-a-Road programs on area roads. NA, KTLCB Low Mid-term 

A.3 County should establish a regional recycling station in prominent location. County Solid Waste Low Short-term 

A.4 Increase Code enforcement of illegal snipe signs in public right of way. ECD Low Short-term 

Example of pedestrian wayfinding signage that can also help brand the area. 

Legend 

Status 

Short-term: < 1 year 

Mid-term: 1-3 years 

Long-term: > 3 years 

Estimated Expense 

Low: < $10,000 

Medium: > $10,000 < $100,000 

High: > $100,000 

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NEXT 

STEPS 

The Huntington “Sense of Place” Initiative includes goals and tasks that 

can be best achieved by local government and other tasks that private 

citizens can handle. Coordination and cooperation between public and 

private entities is essential to successful implementation of the “Sense of 

Place” Initiative. Success will be achieved only through continued effort 

by all the involved parties. 

Future Updates 

Due to the scope and scale of some tasks, long term implementation 

through the annual budget process is necessary. - However, other minor 

actions can be achieved in a shorter timeframe. The Tallahassee-Leon 

County Planning Department will chart progress on these goals and make 

annual reports to the Board of County Commissioners. 

During the public workshop, one citizen said he felt the northwest was 

the, “forgotten side of town.” Through implementation of the Huntington 

“Sense of Place” Initiative, the Board of County Commissioners intends 

to change that sentiment and, in so doing, create a recognizable district 

that is well known throughout the community. 

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SOURCES 


2015-2040 City of Tallahassee and Unincorporated Leon County projections: Tallahassee-Leon County Planning Department, March 2012. 

ESRI Demographic and Income Profile Report, 2011. 

Florida Geological Survey, www.dep.state.fl.us/geology/geologictopics/jacksonsink.htm (Retrieved June 4, 2012). 

Florida State Parks, www.floridastateparks.org/lakejackson/ (Retrieved June 4, 2012). 

Lake Jackson Mounds Archeological State Park, Unit Management Plan: State of Florida, Department of Environmental Protection, Division of 

Recreation and Parks, February 6, 2004. 

Leon County and City of Tallahassee Estimate, 2015-2040, Leon County projections: University of Florida, Bureau of Economic and Business 

Research (BEBR), 2011. 

U.S. Census Bureau, Census 2010 Summary File 1, www.census.gov. (Retrieved June 6, 2012). 

U.S. Census Bureau, 2005-2009 American Community Survey, www.census.gov. (Retrieved June 6, 2012). 


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APPENDIX A 

Frequently Used Acronyms 

BA Future Business Association 

BCC Leon County Board of County Commissioners 

COC Greater Tallahassee Chamber of Commerce 

CRTPA Capital Region Transportation Planning Agency 

ECD City Economic and Community Development Department 

(includes Code Enforcement Division) 

ED+BP Leon County Office of Economic Development 

and Business Partnerships 

EXT Leon County Cooperative Extension Service 

FDOT Florida Department of Transportation 

FM Leon County Facilities Management 

KTLB Keep Tallahassee-Leon County Beautiful 

LCS Leon County Schools 

LIB Leon County Library Service 

LOT Locally Owned Tallahassee 

NA Neighborhood Associations 

PLNG Tallahassee-Leon County Planning Department 

P+R Leon County Division of Parks and Recreation 

PRNA City Parks, Recreation, and Neighborhood Affairs Department 

PW Leon County Public Works Department 

SM StarMetro 

TFN Tallahassee Food Network 

TSC Tallahassee Senior Center 

UTIL City various utilities: Electric, Gas, Solid Waste, Stormwater, etc. 

VT Visit Tallahassee/Tourist Development Council 

APPENDIX B 

SWOT ANALYSIS 

Strengths 

• Easy access to other points, Close to shopping (grocer + drugstore) and other services 

(Fire Dept., church, schools), Close to work, stores, downtown (5) 

• Unique neighborhood characteristics, Quiet neighborhoods, Good neighbors (3) 

• Library is in good location, active, covers different interests, and has a dedicated staff (3) 

• Lake Jackson (2) 

• Not congested like the NE (2) 

• YMCA 

• Boulder landmark 

• Parks 

• Trees! Wooded areas 

• Mixture of housing 

• Mixture of ages 

• Limited access 

Weaknesses 

Pedestrians 

• Lack of sidewalks, especially in front of the Plaza (4) 

• Condition of the sidewalks 

• Poor connections between businesses 

• Not enough pedestrian time to cross Monroe St. 

• Lack of lighted crosswalks, low ped safety 

• Poor lighting in certain areas 

Identity 

• Lack of identity, need signage 

Landscaping 

• Overgrown foliage needs better maintenance (2) 

• Not enough landscaping 

• Not enough green on the map (parks) 

• Lack median landscaping on Monroe 

Traffic safety 

• Sight line issues on Fred George Rd (large oaks, rocks, @ Walgreens drive, etc.) (2) 

• Negative bank curves on Fred George Rd. 

• Concern about traffic safety on Monroe and Fred George. 

• Fred George Road is dangerous 

Security/ Law enforcement 

• Home break-ins 

• Emergency call boxes needed 

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• Wooded/ ravine areas are homeless encampments (2) 

• Trash on roadways 

• Local businesses 

• Not enough restaurants 

• Empty buildings that could be utilized 

• Messy business properties 

• Enough fast food in area 

Transit 

• Transit vehicles park too far from Library and Comm. Center 

• Bus waiting area is not pleasant, lack shelters 

Plaza-specific 

• Flooding in Plaza parking lot 

• Few ADA parking spaces in Plaza 

• Need covered drop-off for library patrons and book drop off (II) 

• Library has limited hours 

• Plaza’s SWMF not a good use of space 

• Lack of community programs, especially senior oriented 

Lake Jackson 

• Limited access without a boat 

• Parks disappeared at boat ramps, replaced with parking lot for trailers 

• Lacks visibility from US 27, trees block views 

Opportunities 

Pedestrians/ Bicycles 

• Walking trails/ Bike paths between neighborhoods & to the schools (3) 

• More sidewalks (3) 

• Fred George Rd sidewalks, 

• Sidewalks north on US 27 to surrounding neighborhoods 

• Pedestrian refuges at major intersections to improve pedestrian safety. 

• Improve/ create safer pedestrian crossings on N. Monroe 

• Crosswalk upgrades (Brick) across US 27 

• Improve street lighting (2) 

• Landscaping/ Streetscape 

• Neighborhood lighting plan – distinct light fixture, address dark areas 

• The Rock 

• Landscape/ Improve area around boulder, treat it as a landmark, “Take 

care of our rock lovingly” 

• Move the Rock into the Plaza, but keep it prominent/ focal point 

• Create better gateway, move rock to shopping center 

• Beautification (plaza or larger area?) 

• Install planted medians on N. Monroe, Landscape the US 27 medians, 

Create gateway from I-10 to the area, Streetscape improvements for 

N. Monroe, including nice street lights (5) 



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• Median improvements/ increased planting/ better maintenance on 

Fred George Rd. 

• Increase landscaping in area 

Local businesses 

• New family-oriented or sit-down restaurants (like Cracker Barrel, Red 

Elephant, etc.) (2) 

• Outdoor seating at restaurants 

• Better retail is welcome 

• Compatible uses for neighborhoods, such as child care and 

restaurants 

• Tax collector needs a local presence 

• Family-oriented businesses of all types in the Plaza 

Transit 

• Improved StarMetro waiting area with shelters, safe, and well lit (3) 

• Expand Park + Ride program 

Plaza-specific 

• Weekly Farmers Market in plaza parking lot, possibly with a pavilion (2) 

• Outdoor reading room (II) 

• Walking/ exercise course around center 

- “Parcourse” around the center and adjacent lot to the west. 

- Create walking paths around SWMF and through adjacent westward 

parcel 

• Community gardens 

• Christmas decorations in plaza and on Fred George Rd. 

• Upgrade wood retaining wall in Plaza to improve looks 

Library 

• Provide reading area in front of the library, hopefully with a small café 

• Wireless in library, comfortable seating area 

• Need longer library hours 

Community Center 

• Once decided, publicize the Community Center programming 

• YMCA/ Community center partnership for programming (2), such as… 

- Tutoring business needed 

- Possibility to develop a teen center (2) 

- Develop a small theatre 

- Community center that will meet needs of seniors 

- Before and after school programs at Comm. center 

- Community center programming: Dog training, Arts + Crafts, Senior 

activities, like a satellite Sr. Center 

- Neighborhood recreation center 

- Greater socialization, develop more opportunities for exercise 


Open Space/ Parks 

• Develop parks for the area 

• Create a small Lake Ella with amenities, trails, fish, observation 

decks, etc. 

• Improve signage for Lake Jackson Mounds state park 

• Create active park in the area, within walking distance 

• Create lake side trails around Lake Jackson 

• Improve Jackson View Park with permanent bathrooms and basic 

walking trail 

• Security/ Law enforcement 

• Police/sheriff sub-station needed in area 

• Trash 

• Adopt-a-Road programs on area roads 

• Recycling station made more prominent 

• Other 

• Networking with other communities 

• Middle school in the area 

Threats 

• Possible internet cafes, other LULUs 

• Current land use change (Comp Plan amendment) 

• Fast traffic on Monroe St. acts as divider of area – as more walk to library/ 

comm. center, it will be an issue. 

• Sight lines on Fred George Rd. (shrubs & trees, placement of rocks for left 

turning vehicles into the Plaza, exit from Walgreens onto Fred George) (3) 

• Width of Old Bainbridge Rd. for sidewalks – is it adequate? 

• Homeless/ transient population in open space areas – safety concerns 

• Safety for seniors on foot 

• Poor lighting, streets lights need better maintenance (2) 

• Safety/ security on multiple levels 

• Snipe signs are illegal in ROW and detract from area aesthetics 

• Vandalism of the Rock 

APPENDIX C 

ORGANIZED COMMENTS: PUBLIC WORKSHOP GENERAL COMMENTS AND SWOT ANALYSIS 

[Numbers in parenthesis indicate multiple related comments] 

Connectivity 

• Sidewalks needed (4) 

• Fred George Road (4) 

• Connecting sidewalks/ trails between neighborhoods, community center, schools (3) 

• N. Monroe Street, north on US 27 to surrounding neighborhoods (2) 

• Old Bainbridge Road, is width adequate for sidewalks? 

• Improve condition of existing sidewalks 

• Bicycle facilities 

- Bike paths needed, either off-road or bike lanes (3) 

• Transit is an asset 

• Improved StarMetro waiting area with shelters, safe, and well lit (5) 

• Expand Park + Ride program (2) 

• Relocate bus transfer location closer to library/ community center frontage 

• Covered waiting area needed 

• Need better access to transit 

• Intersection upgrades 

• Improve/ create safer pedestrian crossings on N. Monroe (3) 

• Pedestrian refuges at major intersections to improve pedestrian safety. 

• Increase pedestrian crossing times on N. Monroe St. 

• Crosswalk upgrades (e.g., brick) across US 27 

• Traffic safety 

• Sight lines on Fred George Rd. (shrubs & trees, placement of rocks for left turning 

vehicles into the Plaza, exit from Walgreens onto Fred George) (5) 

• Heavy, fast traffic on Monroe St. acts as divider of area – as more walk to library/ comm. 

center, it will be an issue. (2) 

• Address safety for seniors on foot 

Streetscape + Landscaping 

• Landscaping 

• Planted medians on N. Monroe, Landscape the US 27 medians, Create gateway from 

I-10 to the area, Streetscape improvements for N. Monroe, including nice street lights (7) 

• Gateway treatment for N. Monroe, south of Lake Jackson. (2) 

• Median improvements/ increased planting/ better maintenance on Fred George Rd. 

• Increase landscaping in area 

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• Street lighting 

• Improve street lighting, better maintenance (5) 

• Nicer fixtures 

• Increase number for walker safety 

- Neighborhood lighting plan – distinct light fixture, address dark areas 

• Huntington boulder 

• Move the Rock into the Plaza, but keep it prominent/ focal point (3) 

• Landmark, do not move (3) 

- Landscape/ Improve area around boulder 

- Treat it as a landmark, “Take care of our rock lovingly” 

Parks and Open Space 

• General 

• Develop parks for the area 

• Create active park in the area, within walking distance 

• Passive/ Walking loop 

• Continue connections across the street from the Shopping Plaza (2) 

• Create a small Lake Ella with amenities, trails, fish, observation decks, etc. 

• Vacant property immediately adjacent and west of the Shopping Plaza 

- Create fitness trail around the on-site SWMF that is safe and attractive 

• Lake Jackson 

• Improve signage for Lake Jackson Mounds state park 

• Create lake side trails around Lake Jackson 

• Improve Jackson View Park with permanent bathrooms and basic walking trail 

• Improve access to the lake for those without a boat 

• Recreate parks at boat landings – parks disappeared at boat ramps, replaced with 

parking lot for trailers 

• Improve landscaping for US27 adjacent to Lk. Jackson that improves visibility of lake 

Business development 

• Business Assistance 

• Business association needed 

• Empty buildings that could be utilized 

• Messy business properties 

• Businesses desired for area 

• New family-oriented or sit-down restaurants (like Cracker Barrel, Red Elephant, etc.) (3) 

• Not enough restaurants, but enough fast food in area 

• Outdoor seating at restaurants 

• Better retail is welcome 

• Compatible uses for neighborhoods, such as child care and restaurants 

• Tax collector needs a local presence 

• Family-oriented businesses of all types in the Plaza 



Attachment #1 

Page 27 of 30 

Community Center or Library programming 

• Library 

• Library is in good location, active, covers different interests, and has 

a dedicated staff (3) 

• Need longer library hours (2) 

• Wireless access and/or computer lab needed (2) 

• Need covered drop-off for library patrons and book drop off (2) 

• Provide reading area in front of the library, hopefully with a small café 

• Comfortable seating area 

• Community Center 

• Once decided, publicize the Comm. Center programming 

• Senior programs are available as soon as the infrastructure is ready 

• YMCA/ Community center partnership for programming (3), such as… 

- Programs to meet needs of seniors, satellite Sr. Center (3) 

- Develop a teen center (2) 

- Before and after school programs (2) 

- Arts + Crafts, painting (2) 

- Neighborhood recreation center (2) 

- YMCA needs a pool 

- Tutoring business needed 

- Small theatre 

- Dog training 

- Greater socialization, develop more opportunities for exercise 

- Educational evening classes 

Shopping Plaza 

• Built concepts 

• Outdoor reading room (2) 

• Reading room and sidewalk cafes preferred. 

• Repurpose the SWMF for the shopping center 

• Walking/ exercise course around center 

- “Parcourse” around the center and adjacent lot to the west. 

- Create walking paths around SWMF and through adjacent westward 

parcel 

• Upgrade wood retaining wall in Plaza to improve looks 

• Flooding in Plaza parking lot 

• Few ADA parking spaces in Plaza 

• Programming possibilities 

• Community garden (3) 

• Farmers market in plaza parking lot, possibly with a pavilion (3) 

• Put the center back on the tax rolls 

• Outdoor music opportunities 


Other 

• Christmas decorations in plaza and on Fred George Rd. 

Neighborhood assistance 

• How can we organize a neighborhood association? Need some assistance and education 

• Improved neighborhood services, rental/ transient residents are a problem 

Security/ Law enforcement 

• Homeless/ transient population in open space areas – safety concerns (3) 

• Police/sheriff sub-station needed in area 

Nuisance Issues 

• Mandatory trash containers for in-town lots, just like the City requires 

• Trash 

- Adopt-a-Road programs on area roads (2) 

- Recycling station made more prominent 

• Snipe signs are illegal in ROW and detract from area aesthetics 

• Vandalism of the Rock 

Other 

• Feel the NW is the “forgotten side of town.” 

• Need to network with other communities 

• Middle school would be amenity for NW area 

Attachment #1 

Page 28 of 30 






Attachment #1 

Page 29 of 30 




Attachment #1 

Page 30 of 30 




Leon County 




To: 

Leon County 



June 18, 2013 



Title: Approval of Detailed Work Plan Budget for Florida Department of 

Agriculture and Consumer Services Arthropod/Mosquito Control State Aid 



Department/ 


Lead Staff/ 

Project Team: 



Development 

Dale Walker, Director of Operations 

Glen Pourciau, Stormwater Superintendent 


This item is associated with a State grant in the amount of $18,500. The grant requires a dollar 

for dollar match. The County mosquito control program’s proposed FY13-14 budget provides 

adequate funding to meet the match requirement. 


Option # 1: Approve the Detailed Work Plan Budget for Florida Department of Agriculture 

and Consumer Services Arthropod/Mosquito Control State Aid, and authorize the 

Chairman to execute (Attachment #1); and, authorize the County Administrator to 

execute an Agreement, in a form approved by the County Attorney. 


Title: Approval of Detailed Work Plan Budget for Florida Department of Agriculture and 

Consumer Services Arthropod/Mosquito Control State Aid 

June 18, 2013 

Page 2 


Background: 

Since the late 1950's, Leon County has received State funds for mosquito control. The 

anticipated funding is included in the Leon County annual budget each year and supports several 

mosquito control functions. Board review of State funding occurs during budget workshops and 

public hearings. Again, this year, the Department of Agriculture and Consumer Services 

(DACS) has required that the signed Detailed Work Plan Budget be submitted to its office by 

July 15, 2013, without exception. 

The Detailed Work Plan Budget, in the amount of $591,251, is an approximate budget for FY14. 

The County’s final Mosquito Control budget will be adopted by the Board during the public 

hearings in September and will be reflected in the State Certified Budget. 

Analysis: 

For Leon County to receive State Mosquito Control funds, there are three steps that must be 

completed. 

1. The County must submit a Detailed Work Plan Budget to DACS by July 15, 2013. 

2. Leon County must execute an agreement with DACS for receiving Arthropod/Mosquito 

Control State Aid; however, DACS has not yet provided the Agreement to the County. It 

will not tie either party to a funding figure. The Agreement simply says that the County will 

comply with state rules and regulations governing the funding. 

3. The Board is required to adopt a State Certified Budget during the FY2014 Budget Adoption 

Public Hearings in September. 

Options: 

1. Approve the Detailed Work Plan Budget for Florida Department of Agriculture and 

Consumer Services Arthropod/Mosquito Control State Aid, and authorize the Chairman to 

execute; and, authorize the County Administrator to execute an Agreement, in a form 

approved by the County Attorney. 

2. Do not approve the Detailed Work Plan Budget for Florida Department of Agriculture and 

Consumer Services Arthropod/Mosquito Control State Aid. 



Option #1. 

Attachment: 

1. Detailed Work Plan Budget for Florida Department of Agriculture and Consumer Services 

Arthropod/Mosquito Control State Aid 


ADAM H. PUTNAM 

Florida Department of Agriculture and Consumer Services 

Division of Agricultural Environmental Services 

DETAILED WORK PLAN BUDGET - ARTHROPOD CONTROL 

Section 388.341, F. S. and 5E-13.022(1) and (3), F. A. C. 

Telephone Number (850) 617-7997 

RECOMMENDED FOR APPROVAL: FOR FISCAL YEAR BEGINNING OCTOBER 1, 20 13 

PREPARED BY: Glen Pourciau 

DATE: DATE: 

APPROVED BY: COUNTY or DISTRICT LEON 

APPROVED BY: 

BUREAU OF ENTOMOLOGY AND PEST CONTROL AUTHORITY: CHAPTER 388.341, F.S. 

DATE: DATE: 

PAGE 1 OF 2 

ACCOUNT 

311 

334.1 

362 

337 

361 

364 

369 

380 

389 

DACS-13623 Rev. 08/08 

TITLE 

RECEIPTS 

Ad Valorem (Current/Delinquent) 

State Grant 

Equipment Rentals 

Grants and Donations 

Interest Earnings 

Equipment and/or Other Sales 

Misc./Refunds (prior yr expenditures) 

Other Sources 

Loans 

PERIOD OR 

QUANTITY 

ENDING SEPTEMBER 30, 20 14 

RATE OR 

UNIT TOTAL COST 

LOCAL STATE 

$ 572,751.00 

$ 

TO BE PAID FROM 

18,500.00 

GENERAL 

EXPENSE 

05/24/2013 

CAPITAL 

FOR COUNTY OR 

DISTRICT USE ONLY 

Submit to: 

Bureau of Entomology and Pest 

Control 

3125 Conner Blvd, Suite N, 

MS C-41 

Tallahassee, FL 32399-1650 

CHAIRMAN, BOARD OF COUNTY COMMISSIONERS 

PROGRAM ELEMENTS 

Attachment #1 

Page 1 of 2 


ADAM H. PUTNAM 

Florida Department of Agriculture and Consumer Services 

Division of Agricultural Environmental Services 

DETAILED WORK PLAN BUDGET - ARTHROPOD CONTROL 

Section 388.341, F. S. and 5E-13.022(1) and (3), F. A. C. 

Telephone Number (850) 617-7997 

RECOMMENDED FOR APPROVAL: FOR FISCAL YEAR BEGINNING OCTOBER 1, 20 13 PREPARED BY: Glen Pourciau 

DATE: DATE: 

APPROVED BY: COUNTY or DISTRICT LEON 

APPROVED BY: 

BUREAU OF ENTOMOLOGY AND PEST CONTROL AUTHORITY: CHAPTER 388.341, F.S. 

DATE: DATE: 

PAGE 2 OF 2 

ACCOUNT 

10 

20 

30 

40 

41 

42 

43 

44 

45 

46 

47 

48 

49 

51 

52.1 

52.2 

52.3 

52.4 

52.5 

54 

55 

60 

71 

72 

81 

83 

89 

99 

DACS-13623 Rev. 08/08 

Regular Salary & Wages. 

TITLE 

EXPENDITURES 

Personal Services 

ENDING SEPTEMBER 30, 20 14 

TO BE PAID FROM PROGRAM ELEMENTS 

PERIOD OR RATE OR 

GENERAL 

QUANTITY UNIT TOTAL COST LOCAL STATE EXPENSE CAPITAL 

Administrative Assoc. llI - 720004 $ 28,499.00 $ 28,499.00 

$ 28,499.00 

Mosquito Control Supervisor-722020 $ 39,350.00 $ 39,350.00 

$ 39,350.00 

Sr. Mosquito Control Tech-723008 $ 28,341.00 $ 28,341.00 

$ 28,341.00 

Mosquito Control Technician-723007 $ 24,153.00 $ 24,153.00 

$ 24,153.00 

Mosquito Control Technician-723009 $ 24,017.00 $ 24,017.00 

$ 24,017.00 

Consolidated Mosquito Control OPS staff $ 84,705.00 $ 84,705.00 

$ 84,705.00 

216 - COLA $ - $ - 

$ - 

Overtime $ 1,000.00 $ 1,000.00 

$ 1,000.00 

Total 

Personal Services Benefits 

$ 230,065.00 $ 230,065.00 

$ 230,065.00 

FICA Taxes $ 17,699.00 $ 17,699.00 

$ 17,699.00 

Deferred Compensation $ 636.00 $ 636.00 

$ 636.00 

Retirement $ 16,078.00 $ 16,078.00 

$ 16,078.00 

Life & Health Insurance $ 42,862.00 $ 42,862.00 

$ 42,862.00 

Worker's Compensation $ 13,746.00 $ 13,746.00 

$ 13,746.00 

Total 

Operating Expense 

$ 91,021.00 $ 91,021.00 

$ 91,021.00 

Uniforms $ 3,276.00 $ 3,276.00 

$ 3,276.00 

Aerial Larviciding Contract $ 11,475.00 $ 11,475.00 

$ 11,475.00 

Total 

Travel & Per Diem 

$ 14,751.00 $ 14,751.00 

$ 14,751.00 

FMCA Fall Conference $ 1,556.00 $ 1,206.00 $ 350.00 $ 1,556.00 

Dodd short Courses $ 4,400.00 $ 2,200.00 $ 2,200.00 $ 4,400.00 

Total Travel and Per Diem 

Communication Serv 

$ 5,956.00 $ 3,406.00 $ 2,550.00 $ 5,956.00 

Cell Telephones charges $ 240.00 $ 240.00 

$ 240.00 

Wireless Connection for Laptops $ 6,888.00 $ 6,888.00 

$ 6,888.00 

Suncom/Centrex charges $ 230.00 $ 230.00 

$ 230.00 

Total 

Freight Services 

$ 7,358.00 $ 7,358.00 

$ 7,358.00 

Postage, Freight $ 2,000.00 $ 2,000.00 

$ 2,000.00 

Total 

Utility Service 

$ 2,000.00 $ 2,000.00 

$ 2,000.00 

Used Tire Recycling Program $ 4,800.00 $ 4,800.00 

$ 4,800.00 

Total 

Rentals & Leases 

$ 4,800.00 $ 4,800.00 

$ 4,800.00 

Insurance 

Vehicle $ 9,568.00 $ 9,568.00 

$ 9,568.00 

Helicopter Hull & Libility Insurance $ - $ - 

$ - 

Total 

Repairs & Maintenance 

$ 9,568.00 $ 9,568.00 

$ 9,568.00 

Maintenance of Automotive Equipment $ 16,370.00 $ 16,370.00 

$ 16,370.00 

Maintenance of Other Equipment $ 3,228.00 $ 3,228.00 

$ 3,228.00 

Total 

Printing and Binding 

$ 19,598.00 $ 19,598.00 

$ 19,598.00 

Printing for Educational Material $ 2,335.00 $ 1,835.00 $ 500.00 $ 2,335.00 

Total 

Promotional Activities 

$ 2,335.00 $ 1,835.00 $ 500.00 $ 2,335.00 

Production Cost Television PSA $ 7,400.00 $ 4,000.00 $ 3,400.00 $ 7,400.00 

Total 

Other Charges 

$ 7,400.00 $ 4,000.00 $ 3,400.00 $ 7,400.00 

Office Supplies 

Office Supplies for MC Director & Staff $ 1,326.00 $ 1,326.00 

$ 1,326.00 

Total 

Gasoline/Oil/Lube 

$ 1,326.00 $ 1,326.00 

$ 1,326.00 

Gasoline & Diesel $ 29,370.00 $ 29,370.00 

$ 29,370.00 

Total 

Chemicals 

$ 29,370.00 $ 29,370.00 

$ 29,370.00 

Bti Granules $ 66,215.00 $ 54,165.00 $ 12,050.00 $ 66,215.00 

Vectolex CG $ 16,992.00 $ 16,992.00 

$ 16,992.00 

Anvil $ 50,116.00 $ 50,116.00 

$ 50,116.00 

Permanone RTU $ 9,000.00 $ 9,000.00 

$ 9,000.00 

Total 

Protective Clothing 

$ 142,323.00 $ 130,273.00 $ 12,050.00 $ 142,323.00 

Misc. Supplies 

Safety Supplies $ 3,600.00 $ 3,600.00 

$ 3,600.00 

General Supplies 

$ 6,272.00 $ 6,272.00 

$ 6,272.00 

Domestic Surveillance Supplies 

$ 808.00 $ 808.00 

$ 808.00 

Mosquitofish Supplies $ 4,000.00 $ 4,000.00 

$ 4,000.00 

WNV/EEE Surveillance Supplies 

$ 8,400.00 $ 8,400.00 

$ 8,400.00 

Total 

Tools & Implements 

$ 23,080.00 $ 23,080.00 

$ 23,080.00 

Publications & Dues 

FL Mosquito Control Assoc. for Staff $ 300.00 $ 300.00 

$ 300.00 

Total 

Training 

$ 300.00 $ 300.00 

$ 300.00 


Principal 

Interest 

Aids to Government Agencies 

Other Grants and Aids 

Contingency (Current Year) 

Payment of Prior Year Accounts 

Total Budget $ 591,251.00 $ 572,751.00 $ 18,500.00 $ 591,251.00 

05/24/2013 

Attachment #1 

Page 2 of 2 

FOR COUNTY OR 

DISTRICT USE ONLY 

Submit to: 

Bureau of Entomology and Pest 

Control 

3125 Conner Blvd, Suite N, 

MS C-41 


CHAIRMAN, BOARD OF COUNTY COMMISSIONERS 


Leon County 




To: 

Leon County 



June 18, 2013 



Title: Approval of Agreements Pertaining to Consumption of Compressed Natural 

Gas 



Department/ 


Lead Staff/ 

Project Team: 



Maggie Theriot, Director, Resource Stewardship 


This item has a fiscal impact. Reflective of royalties, revenues are anticipated to Leon County 

annually in the amount of $12,000. 


Option #1: Approve the Compressed Natural Gas Agreement between Leon County and Leon 

County Schools (Attachment #1), and authorize the Chairman to execute. 

Option #2: Approve the Compressed Natural Gas Fueling and Royalty Agreement between 

Leon County and Nopetro (Attachment #2), and authorize the Chairman to 

execute. 


Title: Approval of Agreements Pertaining to Consumption of Compressed Natural Gas 

June 18, 2013 

Page 2 


Background: 

During the December 11, 2012 meeting, the Board approved issuance of an Invitation to Bid 

(ITB) for the exclusive franchise to provide waste collection services in unincorporated 

Leon County. As a component of the Waste Collection bid, the use of Compressed Natural Gas 

(CNG) collection vehicles was stipulated. The bid required 10% of the waste collection fleet be 

fueled by CNG at commencement of the agreement and potentially increasing to 100% of the 

fleet within seven years. Additionally, at the December meeting, the Board authorized the 

County Administrator to explore opportunities to partner with Nopetro, provided it would not 

raise the cost of waste collection services. 

WastePro was deemed the lowest responsive and responsible bidder and as a result was awarded 

the Franchise Agreement for Solid Waste Collection Service, herein after “Franchise 

Agreement.” As a component of their bid response, WastePro committed to exceeding the 

minimum threshold of 10% fleet and purchasing a majority of its fleet in vehicles utilizing CNG. 

This agenda item addresses use of alternative fuels, which is essential to the following FY2012 

and FY2013 Strategic Initiative that the Board approved at the January 29, 2013 meeting: 

“Implement strategies to promote renewable energy and sustainable practices, including: 

consider policy for supporting new and existing community gardens on County property 

and throughout the County; complete construction of the Leon County Cooperative 

Extension net-zero energy building; consider financial alternatives for commercial PACE; 

further develop clean-green fleet initiatives”; 

This particular Strategic Initiative aligns with the Board’s Strategic Priorities, Environment: 

(EN2) Promote orderly growth, which protects our environment, preserves our charm, 


returns. (2012) 

(EN4) Reduce our carbon footprint, realize energy efficiencies, and be a catalyst for 

renewable energy, including solar. (2012) 

Analysis: 

Nopetro operates a “fast fuel” facility, located within a mile of the Gum Road Transfer Station, 

at 1152 Capital Circle SW, Tallahassee, FL 32304 (near the corner of Capital Circle SW and 

Hwy 20). This facility is owned in partnership with Leon County Schools (LCS), with Nopetro 

providing and operating the fueling infrastructure. As a component of their partnership, LCS 

receives a royalty payment for every gallon-equivalent of fuel processed at the station. The 

Franchise Agreement with WastePro stipulates the use of Nopetro fueling station as the provider 

of CNG to all waste collection vehicles, utilizing CNG fuel. 


Title: Approval of Agreements Pertaining to Consumption of Compressed Natural Gas 

June 18, 2013 

Page 3 

Although the Franchise Agreement is the principal document pertaining to use of CNG fuel, two 

additional agreements are necessary to protect the County’s and WastePro’s interests and ensure 

viable service. An Interlocal Agreement with LCS to provide backup alternative service should 

Nopetro not perform its duties has been drafted (Attachment #1). An Agreement between Leon 

County and Nopetro would, among other things, provide for a royalty payment (Attachment #2). 

The term of both Agreements mirrors that of the Franchise Agreement, which is seven years with 

an optional renewal of three years. 

The School Board is considering the Interlocal Agreement with Leon County during its 

June 11, 2013 meeting. In the event that Nopetro fails to make sufficient quantities of CNG fuel 

available to meet the needs of Waste Pro in performing its obligations under their agreement 

with the County, an alternative resource must be made available. Should Nopetro fail to make 

sufficient quantities of CNG fuel available to WastePro for a period in excess of three days, Leon 

County would need to take appropriate action to ensure that the solid waste collection needs of 

the community were met. An Emergency Fuel Plan has been developed that would provide 

alternatives. Leon County intends to enter into an agreement with LCS in which the School 

Board will agree to procure, receive, compress, sell, and dispense CNG fuel at the site that 

Nopetro currently operates. Should the Nopetro site be inoperable for any reason, renovations 

would be made to a smaller location on Connor Blvd. that is solely owned and operated by LCS. 

These enhancements would be paid for through funds derived by use of a performance bond. 

The County’s agreement with Nopetro contains a fuel price guarantee whereby Nopetro fuel 

would be sold to Leon County and Waste Pro at the lowest price in Leon County. Should 

another CNG fuel provider offer CNG at a lower cost, Nopetro must lower their price to match. 

The price paid by Waste Pro per diesel gallon equivalent (DGE) is the same cost to Leon County 

fleet vehicles. Currently, that rate is an average of $2.55 per DGE. For each DGE dispensed to 

Waste Pro, Nopetro shall pay a royalty of ¢8.5 to Leon County. Based upon of the anticipated 

fuel consumption of Waste Pro, Leon County anticipates an annual royalty payment of 

approximately $12,000. 

Through this initiative, environmental and sustainability priorities of the Board are being 

furthered; while, at the same time, providing a new revenue stream. Collectively, the three 

agreements (Franchise Agreement, LCS, and Nopetro) provide the necessary safeguards to 

ensure waste collection services remain viable. 

Options: 

1. Approve the Compressed Natural Gas Interlocal Agreement between Leon County and Leon 

County Schools, and authorize the Chairman to execute. 

2. Approve the Compressed Natural Gas Fueling and Royalty Agreement between Leon County 

and Nopetro, and authorize the Chairman to execute. 




Attachments: 

1. Compressed Natural Gas Fueling Interlocal Agreement with Leon County Schools 

2. Compressed Natural Gas Fueling and Royalty Agreement with Nopetro 


Attachment #1 

Page 1 of 8 

COMPRESSED NATURAL GAS FUELING AGREEMENT 

THIS AGREEMENT, made and entered into this _____ day of ____________, 2013, 

by and between the SCHOOL BOARD OF LEON COUNTY, FLORIDA, a public body 

corporate under the laws of the State of Florida (“School Board”), and LEON COUNTY, a 

political subdivision of the State of Florida (“County”). 

RECITALS 

WHEREAS, the School Board and County wish to enter into an agreement that will 

ensure that solid waste collection services will continue to be provided to the unincorporated area 

of Leon County in an effective and efficient manner; and 

WHEREAS, the County has conducted a bid process to procure solid waste collection 

services and intends to enter into an agreement (“Waste Collection Agreement”) with Waste Pro, 

Inc. (“Contractor”); and 

WHEREAS, the Waste Collection Agreement will set forth requirements for the 

Contractor to utilize waste collection vehicles (“Vehicles”) fueled by compressed natural gas 

(“CNG”); and 

WHEREAS, School Board and Nopetro Tallahassee, Inc. (“Nopetro”) are parties to that 

certain Fuel Supply Agreement and Lease Agreement made as of July 26, 2011 relating to the 

fueling of vehicles owned and operated by School Board at a CNG fueling station operated by 

Nopetro in Leon County, Florida (“Station”); and 

WHEREAS, the Parties desire to promote the use of alternative fuels and sustainable 

practices that contribute to the accomplishment of its public purposes and missions; and 

WHEREAS, the School Board intends to provide CNG fuel to Contractor Vehicles in the 

event Nopetro is unable to provide CNG fuel in sufficient quantities for Contractor to operate its 

Vehicles; and 

WHEREAS, The School Board operates a CNG fueling station located at 283 Connor 

Boulevard, Tallahassee, FL 32311 (Alternate Station); and 

WHEREAS, the County and School Board desire to enter into an agreement to 

accomplish the public purposes set forth in these recitals. 

NOW, THEREFORE, in consideration of the following mutual promises and covenants, 

and other good and valuable consideration, the sufficiency of which is being acknowledged, the 

School Board and County hereby agree as follows: 

1. Term. 

The Term of this Agreement shall commence on October 1, 2013 and shall 

continue until September 30, 2020, unless earlier terminated pursuant to the terms 

of this Agreement. This Agreement shall be extended automatically for one 

additional three (3) year term unless written notice of a Party’s intent not to 

extend the Agreement is provided to the other Party not less than twenty-four (24) 

months prior to the end of the original term. 


2. Conditions Precedent. 

a. The following Conditions Precedent are the responsibility of the County 

who shall promptly notify the School Board upon satisfaction of each: 

1. The County and Contractor shall enter into a Waste 

Collection Agreement on or before July 1, 2013; 

2. The County and Nopetro shall enter into a Fueling 

Agreement on or before July 1, 2013. 

b. If either of the Conditions Precedent set forth in Section 2(a)(1)-(2) are not 

satisfied by the County on or before July 1, 2013, then either Party shall have the 

right to terminate this Agreement by notice to the other Party within thirty (30) 

days after the applicable deadline. Termination in accordance with this Section 2 

of the Agreement shall not be considered a default hereunder, and the Parties shall 

have no further liability hereunder in respect to this Agreement. 

c. The following is a Condition Precedent to the obligation of School Board 

to provide the Contractor the ability to purchase Fuel from School Board upon the 

terms and conditions herein contained at or from the Station or Alternate Station 

and otherwise comply with the provisions of Section 3: 

Nopetro fails to provide sufficient quantities of Fuel for 

Contractors Vehicles as are necessary for the Contractor to 

perform its obligations to the County in accordance with the terms 

and conditions of the Waste Collection Agreement. 

3. School Board Obligations. 

The School Board has the following obligations under this Agreement: 

a. procure, receive, compress, sell and dispense Fuel at the Station or 

Alternate Station to Contractor at the Fuel Price set forth and calculated in 

accordance with Exhibit A, attached hereto and made a part hereof, to fuel 

Vehicles in sufficient quantities as are necessary for the Contractor to perform its 

obligations to the County in accordance with the terms and conditions of the 

Waste Collection Agreement; 

b. during all operating hours of the Station or Alternate Station, make not 

less than one Fuel dispenser at Station or Alternate Station available for the 

fueling of Contractor's Vehicles; 

c. sell and dispense Fuel at the Station or Alternate Station to the County at 

the Fuel Price set forth and calculated in accordance with Exhibit A, for use in 

County Vehicles; 

2 

Attachment #1 

Page 2 of 8 


Attachment #1 

Page 3 of 8 

d. reasonably cooperate and coordinate with the Contractor and the County 

with respect to the hours of sale and dispensing of Fuel at the Station or Alternate 

Station; 

e. operate, service, repair and maintain the Station or Alternate Station and 

all equipment appurtenant thereto in accordance industry standards in order to be 

able to perform its obligations hereunder; 

f. dispense Fuel at the Station or Alternate Station that meets minimum 

industry standards and the requirements of applicable laws for motor fuel; 

g. install and maintain a point of sale system on the dispensers at the Station 

or Alternate Station to measure and record sales of Fuel in GGEs, identify taxable 

and tax-exempt transactions and charge the correct amount, including fuel taxes, 

as applicable to Contractor; 

h. issue an invoice to Contractor at the end of each week (Monday through 

Sunday) for Fuel purchased in such week. 

4. County Obligations. 

The County shall have the following obligations under this Agreement: 

a. require the Contractor to purchase Fuel necessary to operate Contractors 

Vehicles in the performance of its duties and obligations under the Waste 

Collection Agreement; 

b. require the Contractor to reasonably cooperate and coordinate with the 

School Board with respect to the hours of sale and dispensing of Fuel at the 

Station; 

c. compensate the School Board for any improvements made to the Station 

or Alternate Station, in an amount not to exceed Three Hundred Fifty Thousand 

($350,000) Dollars, made necessary as a result of the School Board being required 

to procure, receive, compress, sell and dispense Fuel to the Contractor pursuant to 

the provisions hereof; 

d. cooperate and coordinate with School Board to promote the use of Fuel as 

fuel for motor vehicles. 

5. Termination. 

If either Party fails to comply with any of the terms or conditions of this 

Agreement or defaults in any of its obligations under this Agreement and shall 

fail, within thirty (30) calendar days after written notice from the other Party, to 

correct such default or noncompliance, the non-defaulting Party may, at its option, 

forthwith terminate this Agreement after Section 6 provisions have been complied 

with. 

3 


6. Dispute Resolution. 

a. The Parties shall attempt to resolve any disputes that arise under this 

Agreement in good faith and in accordance with this Section. The provisions of 

the "Florida Governmental Conflict Resolution Act" shall not apply to disputes 

under this Agreement, as an alternative dispute resolution process, is hereby 

encompassed within this Section 6. The aggrieved Party shall give written notice 

to the other Party, setting forth the nature of the dispute, date of occurrence (if 

known), and proposed resolution, hereinafter referred to as the "Dispute Notice". 

b. The appropriate School Board and County department heads shall meet at 

the earliest opportunity, but in any event within ten (10) days from the date the 

Dispute Notice is received, to discuss and resolve the dispute. If the dispute is 

resolved to the mutual satisfaction of both, the department heads shall report their 

decision, in writing, to the Superintendent of Schools and the County 

Administrator. 

c. If the department heads are unable to reconcile the dispute, they shall 

report their impasse to the Superintendent of Schools and the County 

Administrator who shall then convene a meeting at their earliest opportunity, but 

in any event within 20 days following receipt of the Dispute Notice, to attempt to 

reconcile the dispute. 

d. If a dispute is not resolved by the foregoing steps within thirty (30) days 

after receipt of the Dispute Notice, unless such time is extended by mutual 

agreement of the Parties, then either Party may require the dispute to be submitted 

to mediation by delivering written notice thereof (the "Mediation Notice") to the 

other Party. The mediator shall meet the qualifications set forth in Rule 

10.100(d), Florida Rules for Mediators, and shall be selected by the Parties within 

10 days following receipt of the Mediation Notice. If agreement on a mediator 

cannot be reached in that 10-day period, then either Party can request that a 

mediator be selected by an independent conflict resolution organization, and such 

selection shall be binding on the Parties. The costs of the mediator shall be borne 

equally by the Parties. 

e. If an amicable resolution of a dispute has not been reached within sixty 

(60) calendar days following selection of the mediator, or by such later date as 

may be mutually agreed upon by the Parties, then such dispute may be referred to 

binding arbitration by either Party. Such arbitration shall be conducted in 

accordance with the Florida Arbitration Code (Chapter 682, Florida Statutes). 

f. Such arbitration shall be initiated by delivery, from one Party (the 

“Claimant”) to the other (the “Respondent”), of a written demand therefor 

containing a statement of the nature of the dispute and the amount, if any, 

involved. The Respondent, within ten (10) days following its receipt of such 

demand, shall deliver an answering statement to the Claimant. After the delivery 

of such statements, either Party may make new or different claims by providing 

the other with written notice thereof specifying the nature of such claims and the 

amount, if any, involved. 

4 

Attachment #1 

Page 4 of 8 


g. Within ten (10) days following the delivery of such demand, each Party 

shall select an arbitrator and shall deliver written notice of that selection to the 

other. If either Party fails to select an arbitrator within such time, the other Party 

may make application to the court for such appointment in accordance with the 

Florida Arbitration Code. Within ten (10) days following delivery of the last of 

such written notices, the two arbitrators so selected shall confer and shall select a 

third arbitrator. Each of the arbitrators so appointed shall have experience in local 

government, School Board or transportation / vehicular fueling issues. 

h. The arbitration hearing shall be commenced in Leon County, Florida 

within sixty (60) days following selection of the third arbitrator. Except as may 

be specifically provided herein, the arbitration shall be conducted in accordance 

with Rules R-23 – R-48, of the Commercial Arbitration Rules of the American 

Arbitration Association. 

7. Indemnification 

To the extent permitted by law and subject to the limitations, conditions, and 

requirements of Section 768.28, Florida Statutes, which the Parties do not waive, 

each Party agrees to indemnify, defend and hold harmless the other Party, their 

officials, officers, and employees, from and against all liabilities, damages, costs 

and expenses, resulting from or arising out of any acts or omissions by the 

indemnifying Party, or its officials, officers, or employees, relating in any way to 

performance under this Agreement. 

8. General Provisions. 

a. Governing Law and Venue. This Agreement shall be governed by and 

construed in accordance with the laws of the State of Florida. Any action to 

enforce any of the provisions of this Agreement shall be maintained in 

Tallahassee, Leon County, Florida. 

b. Waiver. Failure to insist upon strict compliance with any term, covenant 

or condition of this Agreement shall not be deemed a waiver of it. No waiver or 

relinquishment of a right or power under this Agreement shall be deemed a 

waiver of that right or power at any other time. 

c. Modification. This Agreement shall not be extended, changed or 

modified, except in writing duly executed by the Parties hereto. 

d. Binding Effect. This Agreement shall be binding upon the successors and, 

subject to below, assigns of the Parties hereto. 

e. Assignment. Because of the unique nature of the relationship between the 

Parties and the terms of this Agreement, neither Party hereto shall have the right 

to assign this Agreement or any of its rights or responsibilities hereunder to any 

third Party without the express written consent of the other Party to this 

Agreement, which consent shall not unreasonably be withheld. 

5 

Attachment #1 

Page 5 of 8 


f. Entire Agreement. This Agreement constitutes the entire agreement 

between the Parties with respect to the matters contained herein, and all prior 

agreements or arrangements between them with respect to such matters are 

superceded by this Agreement. 

g. Headings. Headings in this Agreement are for convenience only and shall 

not be used to interpret or construe its provisions. 

h. Ambiguity. This Agreement has been negotiated by the Parties with the 

advise of counsel and, in the event of an ambiguity herein, such ambiguity shall 

not be construed against any Party as the author hereof. 

i. Public Bodies. It is expressly understood between the Parties that the 

School Board is a public body corporate under the laws of the State of Florida and 

that the County is a political subdivision of the State of Florida. Nothing 

contained herein shall be construed as a waiver or relinquishment by either of the 

Parties to claim such exemptions, privileges or immunities as may be provided to 

that Party by law. 

j. Force Majeure. A Party shall be excused from performance of an 

obligation under this Agreement to the extent, and only to the extent, that such 

performance is affected by a “Force Majeure Event” which term shall mean any 

cause beyond the reasonable control of the Party affected, except where such 

Party could have reasonably foreseen and reasonably avoided the occurrence, 

which materially and adversely affects the performance by such Party of its 

obligation under this Agreement. Such events shall include, but not be limited to, 

an act of God, disturbance, hostility, war, or revolution; strike or lockout; 

epidemic; accident; fire; storm, flood, or other unusually severe weather or act of 

nature; or any requirements of law. 

k. Cost(s) and Attorney Fees. In the event of litigation between the Parties to 

construe or enforce the terms of this Agreement or otherwise arising out of this 

Agreement, the prevailing Party in such litigation shall be entitled to recover from 

the other Party its reasonable costs and attorneys fees incurred in maintaining or 

defending the subject litigation. The term litigation shall include appellate 

proceedings. 

l. Severability. It is intended that each Section of this Agreement shall be 

viewed as separate and divisible, and in the event that any Section, shall be held 

to be invalid, the remaining Sections and parts shall continue to be in full force 

and effect. 

m. Subject to Appropriation. All payment obligations of the Parties, if any, 

set forth herein shall be subject to appropriation of funding therefore by the 

applicable legislative bodies; however, failure to appropriate funding adequate to 

meet such payment obligations shall be deemed a default under this Agreement. 

6 

Attachment #1 

Page 6 of 8 


Attachment #1 

Page 7 of 8 

IN WITNESS WHEREOF, the Parties hereto, through their duly authorized 

representative, have executed this Compressed Natural Gas Fueling Agreement as of the date 

first written above. 

LEON COUNTY, FLORIDA LEON COUNTY SCHOOL BOARD 

By: ___________________________ By: _______________________________ 

Nicholas Maddox, Chairman Georgia M. "Joy" Bowen, Chairman 

Board of County Commissioners Leon County School Board 

ATTEST: ATTEST: 

Bob Inzer, Clerk of Court 


By:_____________________________ By:_______________________________ 

Jackie Pons 

Superintendent of Schools 

Approved as to Form: Approved as to Form: 


By:___________________________ By:_________________________________ 

Herbert W. A. Thiele, Esq. John Jeffry Wahlen, Esq. 

County Attorney Counsel for Leon County School Board 

F10-00122 

I:\WPDocs|D027\P002\00035249.DOC 

EXHIBIT A 

RATES, PRICE AND STATION HOURS 

DGE: means diesel gallon equivalent, a unit of volume defined as one (1) DGE equals 139,000 

BTUs. 

Fuel Price: The formula to determine CNG fuel pricing is: Price per DGE = Commodity Cost 

per DGE + Compression Fee per DGE + Taxes. In the table and the example below, the 

commodity cost of $1.042 is being utilized. 

7 


Diesel Gallon 

Equivalent (DGE) 

per Month 

Commodity 

Cost per DGE 

Compression 

Fee per DGE 

8 

Taxes per 

DGE 

Total per DGE 

Less than 15,000 $1.042 + $1.40 + 0.203 = $2.65 

15,001 – 30,000 $1.042 + $1.20 + 0.203 = $2.45 

30,000 – 40,000 $1.042 + $1.10 + 0.203 = $2.35 

More than 40,000 $1.042 + $0.95 + 0.203 = $2.20 

EXAMPLE: 

If Contractor consumes 30,000 DGEs in a month, the average price per DGE in that given month for the 

Contractor would be $2.55. The first 15,000 DGE would be priced at $2.65 and the second 15,000 DGE 

would be priced at $2.45, for an average monthly price of $2.55. 

STATION HOURS: 

The Station shall remain open and available for fueling Contractor Vehicles Monday through Friday 

from 3:00 a.m. to 7:00 p.m. (EST). 

Attachment #1 

Page 8 of 8 


COMPRESSED NATURAL GAS FUELING AND 

ROYALTY AGREEMENT 

BY AND BETWEEN 


and 

NOPETRO TALLAHASSEE, LLC 

Attachment 2 

Page 1 of 25 


COMPRESSED NATURAL GAS FUELING 

AND ROYALTY AGREEMENT 

THIS COMPRESSED NATURAL GAS FUELING AND ROYALTY 

AGREEMENT (this “Agreement”), is made and entered into this __ day of _____________, 

2013 by and between Leon County, Florida, a political subdivision of the State of Florida 

(“County”), and Nopetro Tallahassee, LLC, a limited liability company organized under the 

laws of the State of Florida (“Nopetro”). The County and Nopetro are each a “Party,” and 

collectively are the “Parties.” 

RECITALS 

WHEREAS, the County has conducted a bid process to procure solid waste collection 

services pursuant to the terms of an agreement (“Waste Collection Agreement”) between the 

County and Waste Pro, Inc. (“Contractor”); and 

WHEREAS, the Waste Collection Agreement sets forth requirements for the Contractor 

to utilize waste collection vehicles fueled by compressed natural gas (“CNG”); and 

WHEREAS, the Leon County School Board (“LCSB”) and Nopetro are parties to that 

certain Fuel Supply Agreement (“FSA”) and Lease Agreement ("Lease Agreement") made as of 

July 26, 2011 relating to the fueling of vehicles owned and operated by LCSB at a CNG fueling 

station operated by Nopetro in Leon County, Florida (“Station”); and 

WHEREAS, a waste transfer station owned and operated by the County is located in 

close proximity to the Station; and 

WHEREAS, the County desires to promote the use of alternative fuels and sustainable 

practices that contribute to the accomplishment of its public purposes and missions; and 

WHEREAS, the Parties desire to set forth in this Agreement the terms and conditions for 

Nopetro to make a contribution to the County in a certain amount in respect of purchases of 

CNG by the Contractor at the Station (“Royalty”). 

Attachment 2 

Page 2 of 25 


NOW, THEREFORE, for and in consideration of the foregoing recitals, the sum of ten 

dollars ($10.00) each to the other paid, the mutual covenants and promises contained herein and 

other good and valuable consideration, the receipt and sufficiency of which being acknowledged 

the County and Nopetro do hereby covenant and agree as follows: 

Section 1. Definitions. Capitalized terms listed in this Section 1 shall have the meanings set 

forth below unless the context requires otherwise. 

County. 

“Agreement” has the meaning set forth in the first paragraph, and includes all exhibits. 

“CNG” has the meaning set forth in the recitals. 

“Contractor” has the meaning set forth in the recitals. 

“County” has the meaning set forth in the first paragraph. 

“County Vehicle” shall mean those Vehicles leased or owned, and operated by the 

"DGE" means diesel gallon equivalent, as set forth in Exhibit A. 

“FSA” has the meaning set forth in the recitals. 

“Fuel” means CNG dispensed at the Station. 

“Fuel Price” means the price for Fuel to be paid by the Contractor, as set forth in Exhibit 

A, attached hereto and incorporated herein, as is fully set forth below. 

“LCSB” has the meaning set forth in the recitals. 

“Lease Agreement” has the meaning set forth in the recitals. 

“Milestone Date” means July 1, 2013. 

“Nopetro” has the meaning set forth in the first paragraph. 

“Party” or “Parties” has the meaning set forth in the first paragraph. 

Attachment 2 

Page 3 of 25 

“Royalty” has the meaning set forth in the recitals and as further described in Exhibit A. 


“Royalty Payment” means the monthly payment to be made by Nopetro to the County 

hereunder in respect of purchases of Fuel by the Contractor in the prior calendar month, as 

further described in Exhibit A. 

“Royalty Statement” means the statement to be prepared by Nopetro within thirty (30) 

days after the end of each calendar month during the Term and sent to the County setting for the 

quantity of Fuel purchased by the Contractor in the prior calendar month, the amount of 

payments made by the Contractor for Fuel and the amount of the Royalty Payment to the 

County. 

thereof. 

“Station” has the meaning set forth in the recitals. 

“Term” means the period from October 1, 2013 through September 30, 2020 or renewal 

“Vehicle” or "Vehicles" means the trucks and other vehicles used by Contractor to 

perform the waste collection services required under the Waste Collection Agreement. 

“Waste Collection Agreement” has the meaning set forth in the recitals, and includes any 

renewal, extension, or replacement thereof. 

Section 2. Purpose. The Parties acknowledge and agree that there is public benefit, 

advantages and efficiencies to the fueling of Contractor's Vehicles with Fuel dispensed at the 

Station. Nopetro in consideration of the County’s requirement that the Contractor purchase Fuel 

at the Station to fuel its Vehicles hereby agrees to pay a Royalty Payment to the County in regard 

to each DGE of Fuel purchased by the Contractor. 

Section 3. Term. 

(a) Initial Term: Subject to the satisfaction by the Parties of the Conditions Precedent 

set forth below, the Term of this Agreement shall be for a period of seven (7) years, beginning 

October 1, 2013 and ending on September 30, 2020. 

Attachment 2 

Page 4 of 25 


(b) Renewal: At the sole option of the County, this Agreement may be renewed for a 

period of three (3) years upon the same prices, terms and conditions. The County alone shall 

determine whether or not this renewal option will be exercised based upon its convenience 

and its best interests. 

(c) Conditions Precedent: 

(i) The following are conditions precedent to the obligation of the County to 

require the Contractor purchase Fuel from Nopetro upon the terms and conditions 

herein contained at or from the Station: 

A. Nopetro obtains all authorizations necessary from the LCSB to 

provide sufficient quantities of Fuel as are necessary for the Contractor to 

perform its obligations to the County in accordance with the terms and 

conditions of the Waste Collection Agreement on or before the Milestone 

Date; 

B. Nopetro obtains at its sole cost and expense the Performance and 

Payment Bond set forth and described in Section 12 and provides proof 

thereof to the County on or before the Milestone Date; 

C. The County and Contractor enter into a Waste Collection 

Agreement on or before the Milestone Date; 

D. The County enters into a Compressed Natural Gas Fueling 

Agreement with the LCSB to provide for contingency fueling of 

Contractor Vehicles on or before the Milestone Date. 

(ii) The Parties shall use reasonable efforts to satisfy the Conditions Precedent 

that are their respective responsibility, coordinate exchanges of information and 

documents relating thereto through their respective representatives and promptly 

notify the other Party upon satisfaction of each Condition Precedent. 

Attachment 2 

Page 5 of 25 


(iii) If any of the Conditions Precedent set forth in Section 3(C)(i) (A)-(D) are 

not satisfied by the Party responsible therefor on or before the Milestone Date, 

then either Party, shall have the right to terminate this Agreement by notice to the 

other Party within thirty (30) days after the applicable deadline. Termination in 

accordance with Section 3(c) of this Agreement shall not be an Event of Default 

hereunder, and the Parties shall have no further liability hereunder with respect to 

this Agreement. 

Section 4. Nopetro Obligations. Nopetro shall have the following obligations under this 

Agreement: 

(a) Procure, receive, compress, sell and dispense Fuel at the Station to Contractor at 

the Fuel Price to fuel Contractor Vehicles in sufficient quantities as are necessary for the 

Contractor to perform its obligations to the County in accordance with the terms and 

conditions of the Waste Collection Agreement; 

(b) operate, service, repair and maintain the Station and fueling equipment 

appurtenant thereto in accordance with prudent practices and applicable law in order to be 

able to perform its obligations hereunder; 

(c) use commercially reasonable efforts to procure necessary supplies of Fuel from 

domestic production; 

(d) reasonably cooperate and coordinate with the Contractor and the LSCB with 

respect to the hours of sale and dispensing of Fuel at the Station; 

(e) dispense Fuel at the Station that meets minimum industry standards and the 

requirements of applicable laws for motor fuel; 

(f) during all operating hours of the Station, make not less than one dispenser at 

Station available for fueling of Contractor's Vehicles; 

Attachment 2 

Page 6 of 25 


(g) dispense Fuel to Contractor Vehicles through dispensers operated by either 

Station personnel or Contractor Vehicle operator(s) during hours agreed upon by the Parties 

and provide to the operator of each Contractor Vehicle that fuels at the Station a printed 

record of the volume of Fuel dispensed; 

(h) provide priority access to the Contractor through the establishment and 

maintenance of the Contractor Vehicle lane(s) at the Station during the hours set forth herein 

or otherwise established by mutual agreement of the Parties; 

(i) issue and invoice to Contractor at the end of each week (Monday through Sunday) 

for Fuel purchased in such week; 

Vehicles; 

(j) sell and dispense Fuel at the Station to County at the Fuel Price for use in County 

(k) prepare and send a Royalty Statement to the County within five (5) business days 

of the end of the prior calendar month, detailing with respect to the prior calendar month, the 

amount of Fuel dispensed and sold at the Station to the Contractor, the payments received in 

respect of such sales and the amount of the Royalty Payment to be paid to the County; 

(l) pay the Royalty Payment to the County within fifteen (15) business days after 

issuance of the Royalty Statement. 

Section 5. County Obligations. The County has the following obligations under this 

Agreement: 

(a) Require Contractor to purchase and utilize Fuel in Contractor’s Vehicles in accord 

with the Waste Collection Agreement; 

(b) require the Contractor to provide Nopetro with information sufficient to enable 

Nopetro to timely procure delivery of natural gas in amounts sufficient to sell and dispense 

Contractor's full requirements for Fuel; 

Attachment 2 

Page 7 of 25 


(c) purchase Fuel and pay the Fuel Price for all Fuel purchased and dispensed into 

CNG-fueled County Vehicles, no later than thirty (30) days after receipt of any invoice from 

Nopetro; 

(d) operate, service, maintain and replace County Vehicles fueled by Fuel at the 

Station in accordance with good practices; and 

(e) cooperate and coordinate with LCSB and Nopetro to promote the use of Fuel as 

fuel for motor vehicles. 

Section 6. Station. The Parties agree that Nopetro shall have the right to require Contractor 

and County to comply with Nopetro’s reasonable rules and policies with respect to access to the 

Station and use of the equipment to dispense and pay for Fuel not inconsistent with the 

provisions of the Agreement. Nopetro reserves the right to require Contractor to execute an 

agreement setting forth the terms and conditions of Contractor's access to the Station and for the 

purchase and payment for Fuel. The price to be charged by Nopetro for Fuel sold to Contractor 

and County at the Station shall be the Fuel Price. Nopetro reserves the right to collect payment 

for Fuel sales at the time of sale and dispensing on credit, in a manner not inconsistent herewith. 

(a) Station Operation. Nopetro shall operate the Station during Station Hours and 

dispense Fuel to Contractor, the County and third parties in accordance with this Agreement. 

Nopetro shall provide repair services and routine, preventative, and remedial maintenance for 

the operation of the Station. Nopetro shall have maintenance and repair personnel or 

contractors on call to perform emergency or unscheduled repairs and maintenance. In the 

event of an operation failure at the Station, Nopetro shall respond thereto within four (4) 

hours, and restore the operation of the Station as soon as it is commercially reasonable. 

Attachment 2 

Page 8 of 25 

(b) Premises Maintenance. Nopetro shall maintain and keep the Premises in good 

order, repair, and condition at all times. Nopetro shall maintain and repair all fixtures and 


equipment on the Premises, except to the extent maintenance and repair is the obligation of 

the utility serving the Premises. 

(c) Service Commencement. Nopetro shall sell and dispense Fuel to Contractor at 

the Station beginning not later than the Commencement Date and Contractor shall receive and 

purchase Fuel commencing on the Commencement Date and continuing through the term of 

this Agreement. If at any time it appears imminent that Nopetro will be unable to provide Fuel 

to Contractor at the Station during station hours and in sufficient quantities for Contractor to 

comply with the provisions of the Waste Collection Agreement, Nopetro shall immediately 

give notice to Contractor and the County and the Parties will work together to make alternate 

arrangements to provide Fuel for Contractor Vehicles pending Nopetro’s ability to begin or 

resume full performance under this Agreement. In such circumstance and subject to 

availability of Fuel, Nopetro shall limit sales to third parties if necessary to supply Contractor. 

(d) Replacement Fuel. If due to Nopetro’s fault or breach of a material term of this 

Agreement, Contractor is required to reduce the amount of Fuel purchased from Nopetro and 

fuel Contractor Vehicles at locations other than the Station or if Nopetro fails to provide Fuel 

as required herein and such failure is not otherwise excused under the terms hereof, then the 

difference in the cost between the Fuel Price and the cost of the replacement fuel purchased by 

Contractor from third parties for such period shall be paid by Nopetro to Contractor within 

thirty (30) days of invoice by Contractor. 

Attachment 2 

Page 9 of 25 

(e) Fuel Price Guarantee. Nopetro hereby guarantees that the Fuel Price provided 

herein shall be the lowest price for CNG per DGE in Leon County, Florida. In the event that 

CNG is made available to the County or Contractor by a vendor located in Leon County, 

Florida at a price per DGE which is less than or equal to the Fuel Price, the County shall 

provide written notice of same to Nopetro, and therein provide the name and address of such 

vendor and the advertised price of CNG per DGE. Within three (3) business days of receipt 


thereof, Nopetro shall reduce the Fuel Price, so that it shall be less than the price per DGE set 

forth in the written notice described above. 

Section 7. Payments to County. 

(a) The Royalty Payment amount shall be calculated monthly by Nopetro on the basis 

of sales of Fuel during the prior calendar month for which Nopetro has received payment from 

the Contractor. Nopetro shall send to the County a Royalty Statement within five (5) business 

days of the end of the prior calendar month setting forth the amounts of Fuel purchased and 

the payments received by Nopetro from the Contractor for such Fuel. The Royalty Statement 

will set forth the amount of the Royalty Payment. The County shall have ten (10) business 

days to review the Royalty Statement, and the Royalty Statement shall be final and binding 

unless disputed by the County by notice to Nopetro within such ten (10) day period. 

(b) Unless otherwise specified in this Agreement, payments of the Royalty Payment 

shall be due and payable by check or by electronic funds transfer, as designated by the 

County, on or before the fifteenth (15th) business day following delivery of the Royalty 

Statement. If the amount due is not paid on or before the due date, interest shall accrue on the 

unpaid balance at an annual interest rate of six percent (6.00%). 

Section 8. Events of Default. 

(a) Any of the following shall constitute an Event of Default of a Party upon its 

occurrence but shall be subject to cure within fifteen (15) days after the date of written notice 

from the non-defaulting Party to the Party responsible for the Event of Default: 

(i) failure to make any payment required under this Agreement; 

(ii) failure to comply with the any other material obligation under this 

Agreement which would result in a material adverse impact on the other Party; 

Attachment 2 

Page 10 of 25 


(iii) assignment of this Agreement, except as expressly permitted in 

accordance with this Agreement; 

(iv) any representation or warranty made by a Party in this Agreement or 

documentation delivered hereunder shall prove to have been false or misleading in any 

material respect when made; or 

(v) the filing of an involuntary case in bankruptcy or any proceeding under 

any other insolvency law against a Party as debtor that could materially impact a Party's 

ability to perform its obligations hereunder; provided, that the Party does not obtain a 

stay or dismissal of the filing within the cure period. 

(b) Upon the occurrence of an Event of Default, and subject to the other provisions of 

this Section, the non-defaulting Party shall have the right to terminate this Agreement in 

accordance with Section 12 and take any and all other action it deems appropriate under this 

Agreement or law. 

(c) Notwithstanding anything to the contrary, failure of Nopetro to procure, receive, 

compress, sell and dispense Fuel at the Station to Contractor at the Fuel Price to fuel 

Contractor Vehicles in sufficient quantities as are necessary for the Contractor to perform its 

obligations to the County in accordance with the terms and conditions of the Waste Collection 

Agreement, shall constitute an Event of Default, which the defaulting party does not have a 

right to cure and to which the non-defaulting Party shall have the right to terminate this 

Agreement in accordance with Section 12 and take any and all other action it deems 

appropriate under this Agreement or law. 

(d) Neither Party shall be liable to the other Parties for consequential, incidental, 

punitive, exemplary or indirect damages, lost profits or other business interruption damages 

by statute, in tort or contract. 

Attachment 2 

Page 11 of 25 


Section 9. Notice. Notices required by this Agreement shall be addressed to the Parties at 

the addresses set forth in Exhibit B, attached hereto and incorporated herein and they may be 

updated from time to time by written notice to the other Party. Any notice, request, consent, or 

other communication required or authorized under this Agreement to be given by one Party to 

the other Party shall be in writing. It shall either be hand delivered or delivered by nationally 

recognized overnight delivery service to the representative of the Party to whom it is directed 

and will be effective when delivered (or delivery is refused) if delivery is made during normal 

business hours on a business day; otherwise delivery will be deemed to have been made on the 

next business day. 

Section 10. Representations, Warranties and Compliance with Laws. Each Party hereby 

represents and warrants as follows: 

(a) The execution, delivery, and performance of its obligations under this Agreement 

have been duly authorized by all necessary action, and do not and will not: 

(i) violate any provision of law, rule, regulation, order, writ, judgment, 

injunction, decree, determination, or award currently in effect having applicability to 

such Party which could have a material adverse effect on the ability of the Party to 

perform its obligations under this Agreement; 

(ii) result in a breach or constitute a default under its organizational and 

governance documents or bylaws, or under any agreement to which it is a party or by 

which it or its properties or assets may be bound or affected, the breach or default of 

which could reasonably be expected to have a material adverse effect on the ability of it 

to perform its obligations under this Agreement. 

(b) This Agreement is a lawful, valid and binding obligation of such Party, subject to 

bankruptcy and other laws generally limiting creditor's rights and principles of equity. 

Attachment 2 

Page 12 of 25 


(c) Compliance with Laws. Each Party shall at all times comply with all applicable 

laws, except for any non-compliance which, individually or in the aggregate, could not 

reasonably be expected to have a material effect on the business or financial condition of the 

Party or its ability to fulfil its obligations, covenants or agreements hereunder. If a Party 

believes it likely that compliance with the terms of this Agreement would cause it to be in 

violation of any applicable law enacted, amended or changed after the Effective Date, it shall 

promptly notify the other Party and the Parties shall promptly meet and confer in an attempt to 

amend or modify the requirements hereof to avoid any non-compliance. A Party receiving 

notice or other communication from a governmental authority regarding any actual or 

potential violation of any such applicable laws shall provide prompt notice thereof to the other 

Party. 

Section 11. Performance Bond. 

(a) A Performance and Payment Bond in the amount of Six Hundred Fifty Thousand 

($650,000.00) Dollars shall be supplied by the Nopetro at the time of the contract execution. 

(b) The Performance and Payment Bond shall provide that, in the event of non- 

performance on the part of Nopetro that the bond can be presented for honor and acceptance at 

an authorized representative or institution located in Tallahassee, Florida. The Performance 

and Payment Bond must contain a clause stating the following. 

(c) In the event of non-performance on the part of Nopetro this Performance and 

Payment Bond can be presented for honor and acceptance at (address) , which is 

located in Tallahassee, Florida. 

Attachment 2 

Page 13 of 25 

(d) In the event Nopetro is unable to provide Fuel in sufficient quantities as are 

necessary for the Contractor to perform its obligations to the County in accordance with the 


terms and conditions of the Waste Collection Agreement, such event shall be considered an 

Event of Default hereunder; and 

(i) Nopetro shall forfeit the Performance and Payment Bond described in this 

Section 11 to the County and shall be liable for any and all damages resulting from 

such Event of Default; and 

(ii) Nopetro shall work in good faith and cooperate with the LCSB and the 

County so that Fuel, in sufficient quantities as are necessary for the Contractor to 

perform its obligations to the County in accordance with the terms and conditions of the 

Waste Collection Agreement, can be made available. 

Section 12. Termination. 

(a) This Agreement may be terminated by either Party, by providing notice of intent 

to terminate to the other Party, as result of an Event of Default as set out in Section 8. 

Termination shall be effective upon the date specified in the written notice of intent to 

terminate to the other Party. 

(b) Termination of this Agreement for any reason under this Section will not affect (i) 

any liabilities or obligations of either Party arising before such termination or as a result of the 

events causing such termination, or (ii) any damages or other remedies to which a Party may 

be entitled to under this Agreement, at law or in equity, arising out of a breach of this 

Agreement or Event of Default hereunder. 

Section 13. Record Keeping and Audits. 

Attachment 2 

Page 14 of 25 

(a) Nopetro shall establish and maintain books, records, and documents (including 

electronic storage media) in accordance with generally accepted accounting principles and 


practices, which sufficiently and properly reflect all revenues and expenditures of funds 

provided for under this Agreement. 

(b) Nopetro shall retain all financial records, supporting documents, statistical 

records, and any other documents (including electronic storage media) pertinent to this 

Agreement for a period of five (5) years after termination of the Agreement, or if an audit has 

been initiated and audit findings have not been resolved at the end of five (5) years, the 

records shall be retained until resolution of the audit findings or any litigation which may be 

based on the terms of this Agreement. 

(c) Upon completion of the Initial Term or renewal Term or upon termination of the 

Agreement and at the request of the County, the Nopetro shall cooperate with the County to 

facilitate the duplication and transfer of any said records or documents during the required 

retention period as specified in paragraph (b) above. 

(d) Nopetro shall assure that all records described herein shall be subject at all 

reasonable times to inspection, review, or audit by Federal, state, or other personnel duly 

authorized by the County. 

Attachment 2 

Page 15 of 25 

(e) Upon reasonable prior written notice at any time during the Initial Term or 

renewal Term of this Agreement, or within twelve (12) months after the end of such Initial 

Term or renewal Term, during normal business hours at its cost and expense, the County shall 

have the right to inspect, reproduce and audit the books and records of Nopetro relating in any 

way to this Agreement. If as a result of such inspection and audit, it is established that the 

Fuel Price or other amount paid by the Contractor, or it is determined that the Royalty 

Payment paid to the County was not properly calculated, the Parties agree to work in good 

faith to reconcile the miscalculation. The Parties acknowledge that such books and records 

and the information set forth therein are “Confidential Information” and shall be maintained 


confidential and not subject to disclosure, subject to the provision of Chapter 119, Florida 

Statutes. 

(f) An audit by the County shall encompass an examination of all financial 

transactions, all accounts, and all reports, as well as an evaluation of compliance with the 

terms and conditions of this Agreement. 

Section 14. Indemnity. 

Nopetro agrees to indemnify, defend and hold harmless the County, its officials, officers, 

employees and agents, from and against any and all claims, damages, liabilities, losses, costs, or 

suits, of any nature whatsoever arising out of, because of, or due to any acts or omissions of 

Nopetro, its officers, delegates, employees and agents, arising out of or under this Agreement, 

including a reasonable attorney’s fees. The County may, at its sole option, defend itself or 

require Nopetro to provide the defense. Nopetro acknowledges that ten dollars ($10.00) of the 

amount paid to Nopetro is sufficient consideration of Nopetro’s indemnification of the County. 

Section 15. Insurance. 

(a) Nopetro shall procure and maintain for the duration of this Agreement insurance 

against claims for injuries to persons or damages to property which may arise from or in 

connection with the operation of the Station hereunder by Nopetro, its agents, representatives, 

employees or subcontractors. The cost of such insurance shall be borne solely by Nopetro. 

(b) Nopetro shall maintain limits not less than: 

- General Liability: $1,000,000 combined single limit per occurrence for bodily 

injury, personal injury and property damage. If Commercial General Liability 

Insurance or other form with a general aggregate limit is used, either the 

general aggregate limit shall apply separately to this project/location or the 

general aggregate limit shall be twice the required occurrence limit. 

Attachment 2 

Page 16 of 25 


- Automobile Liability: $1,000,000 combined single limit per accident for 

bodily injury and property damage. (Non-owned, Hired Car). 

- Worker’s Compensation and Employers Liability: Worker’s Compensation 

insurance covering all employees and meeting statutory requirements in 

compliance with the applicable state and federal laws and Employer’s 

Liability with a limit of $500,000 per accident, $500,000 disease policy limit, 

$500,000 disease each employee. Waiver of Subrogation in lieu of Additional 

Insured is required. 

- Pollution Liability Insurance and/or Environmental Impairment Liability 

Insurance: $1,000,000 per occurrence and $2,000,000 annual aggregate. The 

coverage shall provide protection for the site owners and operators against 

third-party liability for bodily injury, property damage and cleanup cost as a 

result of a pollution event on, at, under or coming from the insured’s covered 

location and/or which may arise from, or in connection with, the performance 

by the insured, its agents, representatives, employees and/or members. 

(c) Any deductibles or self-insured retentions must be declared to and approved by 

the County. At the option of the County, either: the insurer shall reduce or eliminate such 

deductibles or self-insured retentions as respects the County, its officers, officials, employees 

and volunteers; or Nopetro shall procure a bond guaranteeing payment of losses and related 

investigations, claim administration and defense expenses. 

(d) The policies are to contain, or be endorsed to contain, the following provisions: 

1. General Liability and Automobile Liability Coverages (County is to be 

named as Additional Insured). 

Attachment 2 

Page 17 of 25 

a. The County, its officers, officials, employees and volunteers are to be 

covered as insureds as respects; liability arising out of activities 


performed by or on behalf of Nopetro, including the insured’s general 

supervision of Nopetro; products and completed operations of 

Nopetro; premises owned, occupied or used by Nopetro; or 

automobiles owned, leased, hired or borrowed by Nopetro. The 

coverage shall contain no special limitations on the scope of 

protections afforded the County, its officers, officials, employees or 

volunteers. 

b. Nopetro’s insurance coverage shall be primary insurance as respects 

the County, it officers, officials, employees and volunteers. Any 

insurance of self-insurance maintained by the County, its officers, 

officials, employees or volunteers shall be excess of Nopetro’s 

insurance and shall not contribute with it. 

c. Any failure to comply with reporting provisions of the policies shall 

not affect coverage provided to the county, its officers, officials, 

employees or volunteers. 

d. Nopetro’s insurance shall apply separately to each insured against 

whom a claim is made or suit is brought, except with respect to the 

limits of the insurer’s liability. 

2. Pollution Liability Insurance and/or Environmental Impairment Liability 

Insurance (County is to be named as an Additional Insured). 

Attachment 2 

Page 18 of 25 

3. All Coverages: Each insurance policy required by this clause shall be 

endorsed to state that coverage shall not be suspended, voided, canceled by either 

party, reduced in coverage in limits except after thirty (30) days prior written 

notice by certified mail, return receipt requested, has been given to the County. 

(e) Insurance is to be placed with insurers with a Best’s rating of no less than A:VII. 


(f) Nopetro shall furnish the County with certificates of insurance and with original 

endorsements effecting coverage required by this clause. The certificates and endorsements 

for each insurance policy are to be signed by a person authorized by that insurer to bind 

coverage on its behalf. All certificates and endorsements are to be received and approved by 

the County before work commences. The County reserves the right to require complete, 

certified copies of all required insurance policies at any time. 

(g) Nopetro shall include all subcontractors as insureds under its policies or shall 

furnish separate certificates and endorsements for each subcontractor. All coverages for 

subcontractors shall be subject to all of the requirements stated herein. 

Section 16. Liquidated Damages 

Nopetro agrees to provide to the Contractor sufficient quantities of Fuel, which meet all 

requirements of this Agreement, so that the Contractor may perform its obligations to the County 

as set forth in the Waste Collection Agreement (“Fuel Requirements”). Nopetro and the County 

agree that the timely provision of Fuel Requirements is of critical importance to the County, that 

the County will suffer damages if the Fuel Requirements are not met each and every day, and 

further acknowledge that such damages will be difficult, if not impossible, to calculate. In the 

event Nopetro fails to meet the Fuel Requirements, Nopetro shall pay to the County, as 

liquidated damages and not as a penalty, the amount of $2,500.00 per day for each and every day 

the Fuel Requirements remain to be met. Nopetro shall not be liable if failure to perform arises 

out of causes beyond its control and without the fault or negligence of Nopetro or for delays 

described in Section 17(c), Force Majeure. 

Section 17. Miscellaneous 

Attachment 2 

Page 19 of 25 

(a) Complete Agreement; Amendments. This Agreement sets forth the entire 

agreement of the Parties with respect to the subject matter hereof, and supersedes all previous 


communications, representations, or agreements, verbal or written, of the Parties with respect 

the subject matter. This Agreement may not be amended, modified or changed, except by an 

instrument in writing signed by authorized representatives of each Party. This Agreement has 

been negotiated by the Parties and no Party shall be advantaged or burdened by any 

presumption on the basis of its involvement in the preparation of this Agreement. No waiver 

will be enforceable unless in writing and signed by the Party(ies) to be bound thereby. The 

Parties agree that neither Party nor its officers, directors, employees, members, 

representatives, agents or advisors have made any representations, warranties, guarantees or 

promises with respect to or in connection with this Agreement, except as expressly set forth 

herein by the Parties. 

(b) Further Assurances. Each Party agrees to take or refrain from such actions and 

execute and deliver certificates, instruments and other documents as are reasonably requested 

by the other Party to accomplish the mutual intent of the Parties in entering into this 

Agreement. The Parties shall act reasonably and in accordance with the principles of good 

faith and fair dealing in the performance of this Agreement. 

Attachment 2 

Page 20 of 25 

(c) Force Majeure. If either Party is prevented from or delayed from performing any 

obligations under this Agreement (except payment or financial obligations) by circumstances 

beyond its control, including but not limited to fires, hurricanes, severe weather, floods, 

pandemics, quarantines, war, civil disturbances, acts of terrorism, acts of God, or significant 

threats of such circumstances, or any future laws, rules, regulations, orders, or acts of any 

local, state, or federal government (“Force Majeure”), then the affected party shall be excused 

from performance hereunder during the period of disability. The party claiming Force 

Majeure shall promptly notify the other party in writing when upon learning of the existence 

of a Force Majeure condition, and when the Force Majeure condition has terminated. 

Notwithstanding anything in this Agreement to the contrary, the term “Force Majeure” does 


not include or excuse performance under this Agreement for events relating to increased costs 

associated with fuel, labor, labor disputes, insurance, or other expenses of performing the 

obligations hereunder. 

(d) Assignment. No Party may assign this Agreement or its rights and obligations 

hereunder without the prior written consent of the other Party, provided, however, that such 

consent shall not be unreasonably withheld. 

(e) Severability. If any of the terms, covenants, or conditions of this Agreement or 

the application thereof, shall be held invalid, illegal, or unenforceable by any governmental 

authority of competent jurisdiction, all other terms, covenants, and conditions of the 

Agreement and their application not adversely affected thereby shall remain in full force and 

effect. 

(f) Relationship of the Parties. This Agreement shall not be interpreted to create an 

association, joint venture, or partnership by or between the Parties or to impose any 

partnership obligation or liability upon either Party. This Agreement does not create, confer 

or grant any rights, remedies, privileges or benefits in favor of any person or entity not a Party 

hereto. 

(g) Survival of Obligations. Cancellation, expiration, or earlier termination of this 

Agreement shall not relieve the Parties of obligations that by their nature should survive such 

cancellation, expiration, or termination. 

(h) Binding Effect. This Agreement, as it may be amended in accordance with the 

terms hereof , shall be binding upon and inure to the benefit of the Parties and their respective 

successors and permitted assigns. 

Attachment 2 

Page 21 of 25 

(i) Governing Law and Venue. The interpretation, performance and enforcement of 

this Agreement shall be governed and construed in accordance with the laws of the State of 


Florida. Venue for all actions arising out of or relating to this Agreement shall lie in the state 

courts in Leon County, Florida. 

(j) Confidentiality. The Parties will, to the maximum extent permissible under 

applicable law, maintain confidential and not disclose information, data or documentation 

which a Party designates as confidential, trade secret or proprietary information. 

(k) Headings. Captions and headings used in this Agreement are for ease of reference 

only and do not constitute a part of this Agreement. 

(l) Public Announcements. The Parties share a common desire to generate favorable 

publicity regarding their contractual relationship. The Parties agree that they may, from time 

to time, issue press releases regarding their contractual arrangement and the Station and that 

they shall cooperate with each other in connection with the issuance of such releases. 

(m) Counterparts. This Agreement may be executed in any number of counterparts, 

and each executed counterpart shall have the same force and effect as an original instrument. 

(n) Sovereign Immunity. Nothing herein shall be construed as a waiver of all rights 

and privileges afforded the County, as a political subdivision of the State of Florida, under 

Section 768.28, Florida Statutes, as amended. 

[THE REMAINDER OF THIS PAGE IS LEFT BLANK INTENTIONALLY] 

[SIGNATURE PAGE FOLLOWS THIS PAGE] 

Attachment 2 

Page 22 of 25 


IN WITNESS WHEREOF, the Parties have executed this Compressed Natural Gas 

Fueling and Royalty Agreement as of the day and year first above written. 

LEON COUNTY, FLORIDA NOPETRO TALLAHASSEE, LLC 

BY:___________________________ BY:__________________________ 

Nicholas Maddox, Chairman Name:________________________ 

Board of County Commissioners Its:___________________________ 

ATTEST: 



BY:__________________________ 

Approved as to Form: 


BY:__________________________ 



F10-00122 

I:\WPDocs|D016\P003\00034970.DOC 

Attachment 2 

Page 23 of 25 


EXHIBIT A 

RATES, PRICE AND STATION HOURS 

DGE: means diesel gallon equivalent, a unit of volume defined as one (1) DGE equals 139,000 

BTUs. 

Royalty: $0.085 per DGE of Fuel purchased at the Station by the Contractor. 

Fuel Price: The formula to determine CNG fuel pricing is: Price per DGE = Commodity Cost per 

DGE + Compression Fee per DGE + Taxes. In the table and the example below, the commodity 

cost of $1.042 is being utilized. 

Diesel Gallon 

Equivalent (DGE) 

per Month 

Commodity 

Cost per DGE 

Compression 

Fee per DGE 

Taxes per 

DGE 

Total per DGE 

Less than 15,000 $1.042 + $1.40 + 0.203 = $2.65 

15,001 – 30,000 $1.042 + $1.20 + 0.203 = $2.45 

30,000 – 40,000 $1.042 + $1.10 + 0.203 = $2.35 

More than 40,000 $1.042 + $0.95 + 0.203 = $2.20 

EXAMPLE: 

If Contractor consumes 30,000 DGEs in a month, the average price per DGE in that given month for the 

Contractor would be $2.55. The first 15,000 DGE would be priced at $2.65 and the second 15,000 DGE 

would be priced at $2.45, for an average monthly price of $2.55. 

STATION HOURS: 

The Station shall remain open and available for fueling Contractor Vehicles Monday through Friday 

from 3:00 a.m. to 7:00 p.m. (EST). 

Attachment 2 

Page 24 of 25 


EXHIBIT B 

NOTICE INFORMATION FOR THE PARTIES 



Leon County Purchasing Division 

1800-3 N. Blair Stone Road 


Nopetro Tallahassee, LLC 



Attention: Chief Executive Officer 

Attachment 2 

Page 25 of 25 


Leon County 




To: 

Leon County 



June 18, 2013 


From: Herbert W.A. Thiele, County Attorney 

Title: Approval of the Agreement Extending the Existing DeSantis Proportionate 

Share Traffic Mitigation Agreement and First Amendment to Settlement 

Agreement 



Lead Staff/ 

Project Team: 


There is no fiscal impact to the County. 

Herbert W.A. Thiele, County Attorney 

Herbert W. A. Thiele, County Attorney 


Option # 1: Approve the Agreement extending the DeSantis Proportionate Share Traffic 


(Attachment #1), and authorize Chairman to execute. 


Title: Approval of the Agreement Extending the Existing DeSantis Proportionate Share Traffic 


June 18, 2013 

Page 2 


Background: 

Summit Holdings VIII, LLC is the current owner of approximately 27.4 acres of land located 

between Bannerman Road and Kinhega Drive (the “DeSantis Parcel”). Said land is also subject 

to a Settlement Agreement between Laird, Hirt, et al, and Leon County, which was approved by 

the Court in 2002. Said Laird Settlement Agreement did not address traffic concurrency and the 

Owner, which is in the process of developing commercial and multi-family residential 

developments, has agreed to address mitigation of the development impacts, including 

concurrency, which include infrastructure improvements pursuant to Leon County Concurrency 

Management Policies and Procedures Manual, revised November 2006, which include 

construction of a roundabout on Kinhega Drive from Beech Ridge Trail. 

The Board of County Commissioners, on June 10, 2008, approved Leon County entering into the 

DeSantis Proportionate Share Traffic Mitigation Agreement and First Amendment to Settlement 

Agreement with James R. Clanton, Jr., Successor Trustee of the Peter A. DeSantis, Jr. Trust, the 

then owner of the 27.4 acres, which was subsequently executed on July 10, 2008 for a term of 

five (5) years (Attachment #2). The Agreement is due to expire on July 10, 2013. 

At the Board of County Commissioners’ meeting of May 14, 2013, the Board directed the 

County Attorney’s Office to bring an agenda item before the Board of County Commissioners to 

extend the existing Agreement and the County Attorney’s Office has prepared a proposed 

Agreement to be executed by the parties extending the existing Agreement. 

Analysis: 

As part of the 2008 Transportation Mitigation Agreement for the DeSantis Parcel, the 

development’s impact showed significant impact to the westbound segment of Bannerman Road 

from Thomasville Road and Tekesta Drive, and the westbound segment of Kinhega Drive 

between Thomasville Road and Deer Lake Road, and these impacts had been mitigated by the 

design and future construction of Beech Ridge Trail extension improvements and associated 

stormwater treatment and drainage easements. 

In response to the projected adverse impacts upon these segments, the agreement requires that 

Owner dedicate sufficient right-of-way to accommodate the extension of Beech Ridge Trail, a 

public street, from Kinhega Drive to Bannerman Road. In addition, the agreement requires the 

Owner to design and construct the extension of Beech Ridge Trail pursuant to specific 

parameters, and upon completion the transfer of ownership of the roadway to the County. 

Efforts are ongoing to complete the terms and provisions of the Agreement; however, they will 

not be complete by the expiration date of July 10, 2013. 


Title: Approval of the Agreement Extending the Existing DeSantis Proportionate Share Traffic 


June 18, 2013 

Page 3 

Options: 

1. Approve the Agreement extending the DeSantis Proportionate Share Traffic Mitigation 

Agreement and First Amendment to Settlement Agreement, and authorize Chairman to 

execute same. 

2. Do not approve extending the DeSantis Proportionate Share Traffic Mitigation Agreement 

and First Amendment to Settlement Agreement. 



Option # 1. 

Attachments: 

1. DeSantis Proportionate Share Traffic Mitigation Agreement and First Amendment to 

Settlement Agreement. 


FIRST AMENDMENT TO THE DESANTIS PROPORTIONATE SHARE 

MITIGATION AGREEMENT AND FIRST AMENDMENT TO SETTLEMENT AGREEMENT 

Attachment #1 

Page 1 of 17 

This First Amendment to the DeSantis Proportionate Share Traffic Mitigation Agreement and First 

Amendment to Settlement Agreement is entered into this day of , 2013, 

by and between LEON COUNTY, FLORIDA, a political subdivision of the State ofFiorida, hereinafter "County," 

and, SUMMIT HOLDINGS VIII, LLC, a Florida limited liability company, hereinafter "Owner". 

RECITALS 

WHEREAS, County and James R. Clanton, Jr., Successor Trustee of the Peter A. DeSantis Jr. Trust 

(hereinafter "DeSantis") entered into the DeSantis Proportionate Share Traffic Mitigation Agreement and First 

Amendment to Settlement Agreement (hereinafter the "Agreement") dated July I 0, 2008 (Exhibit "A"); 

WHEREAS, the Agreement has a term of five years from its effective date or until buildout is complete, 

whichever occurs first; 

WHEREAS, the Agreement allows for amendments to be made if agreed to in advance by the County and 

DeSantis, or its successor; 

WHEREAS, Owner is the successor in interest to DeSantis and currently owns the real property that is the 

subject matter of the Agreement; and, 

WHEREAS, the parties desire to extend the term of the Agreement to July 10, 2018. 

WITNESSETH 

NOW THEREFORE and in consideration of the mutual promises and conditions as set forth herein, the 

sufficiency of which is hereby acknowledged, County and Owner do hereby agree as follows: 

I. The Recitals are true and correct and incorporated herein as though specifically set forth. 

2. Paragraph 16 ofthe Agreement is amended in its entirety and shall hereinafter states as follows: 

"This Agreement shall remain in full force and effect until July I 0, 2018, or until buildout is 

complete, whichever occurs first". 

3. All other provisions of the July 10, 2008 Agreement shall remain in full force and effect. 

4. This agreement shall become effective upon full execution hereofby both parties. 

IN WITNESS WHEREOF, the parties evidence their agreement through the execution of this 

AGREEMENT by their duly authorized signatories. 

ATTESTED BY: 

CLERK OF THE COURT FOR LEON COUNTY, 

FLORIDA 

By: ______________ _ 

Bob Inzer, Clerk of the Court 

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By: __ -----:------------ 





COUTNY ATTORNEY'S OFFICE FOR 


By: ______________ _ 



WITNESS:. ___________ _ 

WITNESS: ___________ _ 

STATE OF FLORIDA 

COUNTY OF LEON 

SUMMIT HOLDINGS VIII, LLC 

a Florida limited liability company 

By: Tierra Vista Group, LLC 

a Florida limited liability company 

its Managing Member 

Attachment #1 

Page 2 of 17 

BY: _______________ _ 

Claude R. Walker, its Manager 

DATE:. ____________ _ 

The foregoing instrument was acknowledged before me this _____ day of _____ , 2013, 

by Claude R. Walker, as manager of Tierra Vista Group, LLC, managing member of Summit Holdings VIII, LLC, 

who is personally known to me or has produced ___________________ as 

identification. 

F0?-00084 

1:1WpDocs\D021\P002\00035937.DOC 

Signature of Notary 

Print, Type or Stamp Name of Notary 


DeSANTIS PROPORTIONATE SHARE TRAFFIC MITIGATION AGREEMENT 

FIRST AMENDMENT TO SETTLEMENT AGREEMENT 

Attachment #1 

Page 3 of 17 

THIS AGREEMENT ("Agreement") is entered into by and between James R. Clanton, Jr., 

Successor Trustee of the Peter A. DeSantis Jr. Trust ("Owner") and Leon County, Florida 

("County"), a political subdivision of the State of Florida, subject to all other governmental 

approvals and solely at the risk of the Owner. 

RECITALS 

WHEREAS, the Owner owns approximately 27.4 acres of land (the "Property") located 

between Bannerman Road and Kinhega Drive, approximately 500 feet northwest of Thomasville 

Road (see map included as Exhibit #A); and the Owner is seeking Site and Development Plan 

approval for the Property identified as Tax Parcel Identification Numbers 14-22-20-018-0000, 1422- 

20-005-0000, 14-15-20-628-0000, and 14-15-20-601-0000, located in Leon County, Florida, more 

particularly described in Exhibit 'B" to this Agreement which is attached hereto and made a part 

hereof; and 

WHEREAS, a Settlement Agreement (the "Settlement Agreement") was approved by the 

Leon County Board of County Commissioners on February 12, 2002, between the County and H. G .. 

Laird and Margaret L. Hirt, James K. Godfrey and Kristen H. Godfrey, Karen S. Hanson as trustee 

of the Arlene L. Carter Revocable Trust, and the Bradfordville Hunt Club ("Prior Owners") 

pertaining to the development of the Property; and 

WHEREAS, the Owner has acquired the Property from the Prior Owners, and thereby, as a 

successor in title, acquired those rights established in the Settlement Agreement; and 

WHEREAS, Owner and County wish to amend certain terms of the Settlement Agreement 

as contained herein; and 

F07-00084 

I:\WpDocs\D020\P002\0002274 3.DOC 

.:xnn:n1 

I t} 

20080049854 

THIS DOCUMENT HAS BEEN 

RECORDED IN THE PUBLIC RECORDS 

OF 

LEON COUNTY FL 

BK: 3881 PG:1760, Page1 of 15 

07/15/2008 at 03:29 PM, 

Page 252 of 631 Posted BOB at INZER, 6:15 p.m. CLERK on June OF COURTS 10, 2013

Attachment #1 

Page 4 of 17 

WHEREAS, the Settlement Agreement states that the County will be responsible for the 

construction of the extension of Beech Ridge Trail; however, in order to mitigate the development 

impacts including concurrency, Owner has agreed to construct this extension; and 

WHEREAS, it is the intent of the County and tl1e Owner that any terms contained in this 

Agreement, during the duration of this Agreement, that may be contrary to the terms of the 

Settlement Agreement shall supersede those contrary terms in the Settlement Agreement; and 

WHEREAS, as a consideration for the development intensity conferred in the Settlement 

Agreement, the Prior Owners agreed to dedicate right-of-way and drainage easements to the County, 

between the southern right of way of Kinhega Drive and the northern right of way of Bannerman 

Road (the "Dedicated ROW") wiili the intention that a roadway be constructed within tl1e 

Dedicated ROW which will be an extension of Beech Ridge Trail, a public road, extending from the 

southern right of way of Kinhega Drive to the northern edge of the pavement of Bannerman Road 

(the "New Roadway"); and 

WHEREAS, the Settlement Agreement does not address transportation concurrency and the 

Owner seeks to pursue development of the Property and will need to address the issue of 

transportation concurrency capacity to do so successfully. In response, the Owner has proposed to 

offer infrastructure improvements as outlined in this Agreement, fashioned pursuant to the Leon 

County Concurrency Management Policies and Procedures Manual, revised November, 2006 to 

address all transportation concurrency issues; and 

WHEREAS, the County has agreed that when this Agreement has been complied with, the 

County will grant the Property traffic concurrency; and 

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Attachment #1 

Page 5 of 17 

WHEREAS, the County has the power and duty to exercise general supervision of the 

administration and enforcement of the Leon County Code of Laws pertaining to the 

Tallahassee-Leon County 2010 Comprehensive Plan, Land Development Regulations, Concurrency 

Management Ordinance, and the Leon County Concurrency Policies and Procedures Manual; and, 

WHEREAS, the County is authorized to enter into this Agreement pursuant to the Leon 

County Concurrency Policies and Procedures Manual and all applicable laws. 

AGREEMENT 

NOW, THEREFORE, in consideration of the mutual promises and premises set forth 

herein, the parties agree as follows: 

1. The recitals set forth above are true and correct and are incorporated herein by 

reference as though they were specifically set out. Herein. 

2. The commercial portion of the development to be constructed on the Property will 

not exceed 75,000 square feet of commercial retail use and any non-commercial retail development 

to be constructed shall be equivalent to the traffic concurrency impact of 32 residential units, in 

accord with the existing zoning and Comprehensive Plan requirements, and in accordance with the 

Settlement Agreement (the "Project"). 

3. Based on utilization of the ITE Trip Generation (7th Edition) software, and the ITE 

Trip Generation Handbook (2nd Edition), both compiled by the Institute of Traffic Engineers, and 

are professionally accepted standard referenced utilized for estimating projected traffic generation 

based on proposed land use, it has been determined that the net number of new vehicular trips that 

would be created by a mixed use development consisting of 75,000 square feet of commercial retail 

land use and 32 residential dwelling units on the Property would be appropriately 232 trips during 

the PM peak hour of generation, as shown in Exhibit "C". 

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Attachment #1 

Page 6 of 17 

4. The Project will significantly impact the westbound segment of Bannerman Road 

between Thomasville Road and Tekesta Drive, Segment 13561 as identified in the County's 

Concurrency Management System (C:MS), and Segments 43550 and 43580 of the County's CMS, 

more specifically, the westbound segment of Kinhega Drive between Thomasville Road and Deer 

Lake Road. (These three segments will hereinafter be referred to as the "Impacted Road Segments") 

5. The Impacted Road Segments are located inside of the Project's Comprehensive 

Traffic Analysis Network and are operating below the adopted Level of Service in the Leon County 

Concurrency Management System, and are capacity-constrained roadways, as defined by the Leon 

County· Concurrency Management Policies and Procedures Manual, adopted on November 14, 

2006, as shown in Exhibit "D." 

6. In response to the projected adverse impacts upon the Impacted Road Segments, 

and as required in the Settlement Agreement, Owner agrees to dedicate to the County the Dedicated 

ROW and also such portion of the Property required for the construction, operation and 

maintenance of facilities for stormwater treatment, including drainage easements, for the runoff 

generated by the New Roadway. The Dedicated ROW shall be no less than sixty (60) feet in width, 

which may also require that a governmental subdivision be approved. The length of the Dedicated 

ROW shall be determined by provision of the connections to Bannerman Road at the existing 

median cut at the eastern side of the Property and the northern property line of the Property aligned 

with the intersection of Beech Ridge Trail and Kinhega Drive. 

7. The Owner shall be under no obligation to fund and construct the New Roadway 

until such time as it seeks permits or county approvals for development of the property; however, 

nothing herein shall modify or eliminate the obligations of the Owner under the Settlement 

Agreement should the Owner not fund or construct said New Roadway. The amount of costs 

associated with the construction of the New Roadway is in lieu of funding the pro-rata share of 

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Attachment #1 

Page 8 of 17 

would otherwise reqmre the County to bear the proportionate costs of surveying, engtneenng, 

designing, permitting, acquisition of right of way and constructing the stormwater management 

facility, to be consLructed on the Property, based on the proportionate share of stormwater volume 

coming from the New Roadway. 

10. The New Roadway shall be designed and constructed as a connector street, 

consistent with the parameters established by and. in coordination with Leon County Department of 

Public Works, and shall include the following design elements: two eleven-.foot wide travel lanes; 

curb and gutter along each side of the street; four-foot wide bicycle travel lanes along each side of 

the street;. a sidewalk of no less than five feet of width to be provided along the side of the street; 

conveyances for stormwater; a stormwater detention or retention facility, with adequate access 

thereto; a traffic signal at the intersection of Beech Ridge Trail and Bannerman Road, including 

associated support structures, signal box, pedestrian crossing signals, and wiring. 

11. Upon flnal completion of the New Roadway and stormwater facilities construction, 

and acceptance of that construction by Leon County Public Works, Owner shall dedicate or convey 

the ownership of the Dedicated ROW to Leon County and shall grant an easement for the 

stormwater facilities and access to said stormwater facilities and any necessary drainage easements, 

subject to the Board of County Commissioners' acceptance. The dedication of the Dedicated ROW 

to Leon County and construction of the New Roadway qualify as "Significant Benefits" under the 

provisions of Section 6.2.5.3.b. of the Leon County Concurrency Management Policies and 

Procedures Manual, adopted on November 14, 2006. 

12. The parties agree and understand that the commitments for the dedication of the 

Dedicated ROW by the Owner and for the construction of the New Roadway and frnal inspection 

and acceptance of the New Roadway, in its entirety, shall be pre-requisites for the issuance of any 

certificate of occupancy for any building constructed on the Property. Except, however, should the 

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6 


Attachment #1 

Page 9 of 17 

County fail to construct its portion of the road and roundabout which lie to the north of the 

Property, that is the portion lying north of the southern right of way of Kinhega Drive, such failure 

shall not affect the Owner's right and ability to obtain building permits for the development of the 

Project. 

13. As a condition of any development order or environmental permit, pursuant to the 

Settlement Agreement, or as amended by tlus Agreement, the Owner shall provide a surety device 

for the construction of the New Roadway and associated improvements as specified in tlUs 

Agreement which have not been constructed. The surety device shall: 

(a) Be acceptable to and approved by the County Engineer and the County 

Attorney; and, Cover 110 percent of the cost of any uncompleted road, storm water 

management conveyance improvements, or other required infrastructure as estimated by the 

engineer of record and approved by the County Engineer; and, 

(b) Be conditioned upon completion of construction and dedication of roads 

and storm water management conveyances as shown on the approved construction plans 

within 18 months, or as extended by the county engineer; and, 

(c) Be payable solely to and for the indemnification of Leon County. 

14. As condition of any development order pursuant to the Settlement Agreement, as 

amended by tlUs Agreement, the Owner shall provide a surety device, payable solely to and for the 

indemnification of Leon County, in the amount of ten percent of the total cost of all required 

improvements as approved in the site and development plan to cover defects in materials and/ or 

workmanship for two years. 

15. Owner also agrees to coordinate with Star Metro to locate a transit stop and shelter 

on the Property or within the adjacent right-of-way. The costs of construction, installation and 

maintenance of said transit stop and shelter to be borne by Star Metro. 

F07-00084 

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Attachment #1 

Page 10 of 17 

16. This Agreement shall remain in full force and effect for a term of five (5) years from 

the effective date hereof; or until buildout is complete, whichever occurs first. 

17. The rights and obligations of this Agreement shall remain in full force and effect in 

the event that the Property, or any portion thereof, is annexed into the City of Tallahassee. The 

burdens and benefits of this Agreement shall be binding upon and shall inure to all successors in 

interest to the County and Owner. 

18. If reasonable adjustments L'l the Agreement are required to complete the Project in a 

satisfactory manner, this Agreement may be amended if agreed to in advance by the Owner or its 

successor and Leon County. 

19. This Agreement shall be effective upon the date all parties hereto have executed the 

same. Within fourteen (14) days of approval of this Agreement, the Owner shall record it in the 

Public Records of Leon County. 

20. The rights and obligations of this Agreement shall be binding upon and shall inure to 

the benefit of the parties to the agreement and their lawful heirs, successors, and assigns, and any 

future owners of the Property. 

21. If any word, phrase, clause, section, or portion of this Agreement shall be held 

invalid by a court of competent jurisdiction, such portion or word shall be deemed a separate ·and 

independent provision and such holding shall not affect the validity of the remaining portions of this 

Agreement. 

22. In the event of a breach of this Agreement by a party, the other may sue to enforce 

this Agreement and the prevailing party shall be entitled to payment of attorney's fees and 

costs by the non-prevailing party. 

F07·00084 

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Exhibits 

Exhibit A: Map of PROPERTY 

Exhibit B: Legal Description of PROPERTY 

Exhibit C: ITE Traffic Generation Analysis 

Exhibit D: List of Street Segments Located Within the Comprehensive Traffic Analysis Network 

F07-00084 

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Attachment #1 

Page 13 of 17 


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ExhibitC 

ITE Trip Generation Analysis 

Attachment #1 

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Exit 

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Exhibit D 

Trip Distribution/Assignation Roadway Segments within the Comprehensive Traffic Analysis Network (CTAN) of the DeSantis Property 

Roadway #ofTrips Available Capacity (Trips) 

Segment Shopping Cntr at the Adopted Level 

Number Road Name From To &32MFR %Impact of Service (LOS) 

13541 Bannerman Tekesta Bull Headley 23 6.03% 195 

13540 

13560 

13561 

16830 

16831 

Bannerman 

Bannerman 

Bannerman 

Bradfordville 

Bradford ville 

Bull Headley 

Tekesta 

Thomasville 

Thomasville 

Velda Dairy 

Tekesta 

Thomasville 

Tekesta 

Velda Dairy 

Thomasville 

11 

80 

62 

11 

25 

4.60% - 34.48% 

26.72% .. 

4.60% 

10.92% 

532 

566 

-142 

371 

849 

43580 Kinhega BeechRidQe Deer lake 13 5.46% -176 

43581 Kinhega Deer Lake Beech Ridge 11 4.60% 294 

43550 Kinhega Thomasville Beech Ridge 22 9.48% -199 

43551 Kinhega Beech Ridge Thomasville 10 4.31% 296 

81200 Thomasville Foxcroft Kerry Forest 39 16.95% 639 

81201 Thomasville Kerry Forest Foxcroft 53 "22.70% 1401 

81300 Thomasville Kerry Forest Bannerman/Bradfordville 59 25.29% 919 

81301 Thomasville Bannerman/Bradfordville Kerry Forest 63 27.01% 941 

81330 Thomasville Bannerman/Bradfordville Kinhega 15 6.32% 980 

81331 Thomasville Kinhega Bannerman/Bradfordville 9 3.74% 1218 

81360 Thomasville Kinhega lamonia Lake 7 2.87% 936 

81361 Thomasville lamonia Lake Kinh(lQa 7 2.87% 1391 

82900 Velda Dairy Kerry Forest Bradfordville 4 1.72% 109 

82901 Velda Dairy Bradfordville Kerry Forest 11 4.60% 1045 

Rhea Road Thomasville Lawton Chiles 8 3.45% N/A 

Lawton Chiles Rhea Kinhega 8 3.45% N/A 

- The segment is operating below the adopted LOS as established in the Comprehensive Plan for the roadway noted. 

** An LOS has not been established for the roadway segments based on its current classifiCation. 

Reference: Leon County Concurrency Management System. Analysis performed utilizing the QRS II Model and machine traffic 

counts adjusted for seasonal variations. 

Attachment #1 

Page 17 of 17 

Significantly 

Impacted 

No 

No 

No 

Yes* 

No 

No 

Yes* 

No 

Yes .. 

No --· 

No 

No 

No 

No 

No 

No 

No 

No 

No 

No 

N/A- 

N/A** 


tabbies·

Leon County 




To: 

Leon County 



June 18, 2013 



Title: Request to Schedule a First and Only Public Hearing on a Proposed Ordinance 

Amending Chapter 11, Article XIII, Entitled “Towing Services” for Tuesday, 

July 9, 2013 at 6:00 p.m. 



Department/ 


Lead Staff/ 

Project Team: 


N/A 


There is no fiscal impact to the County. 

LaShawn D. Riggans, Assistant County Attorney 

Deputy Jared Lee, Towing Administrator, Leon County Sheriff’s 

Office 


Option # 1: Schedule the first and only public hearing on a proposed Ordinance amending 

Chapter 11, Article XIII, Entitled “Towing Services” for Tuesday, July 9, 2013 

at 6:00 p.m. 


Title: Request to Schedule a First and Only Public Hearing on a Proposed Ordinance Amending 


June 18, 2013 

Page 2 


Background: 

Section 125.0103(1)(c), Fla. Stat., requires Leon County to set maximum rates for those towing 

companies who are removing or disabling vehicles on private property, or those damaged in a 

crash. It further states that the County’s ordinance shall not take effect in municipalities within 

the County who have their own ordinance. 

On June 28, 2005, Leon County adopted Ordinance 05-20 setting forth its towing regulations, 

pursuant to and in accordance with Chapters 713 and 715, Florida Statutes, and which was 

codified in Chapter 11, Article XIII of the Leon County Code of Laws. 

A member of the Leon County Chapter of Independent Towing & Recovery Association, 

brought concerns to staff, and Commissioner Akin Akinyemi, that Leon County’s ordinance, 

under Section 11-335, is not broad enough to encompass “fly-by-night” entities because 

Section 11-335 covers only “trespass or rotation towing services.” Leon County staff reviewed 

the suggested changes by the Towing & Recovery Association and met with the Leon County 

Sheriff’s Office to discuss same. The Leon County Sheriff’s Office made further requested 

changes to the current ordinance. 

The Board, at its regularly scheduled meeting of October 23, 2012, voted to direct the County 

Attorney’s Office to prepare the necessary ordinance to enact new towing services rules and 

regulations under Chapter 11, Article XIII of the Leon County Code of Laws. On November 13, 

2013, Leon County adopted Ordinance 12-15. This Ordinance addressed the most immediate 

issue of regulating all towing entities and updating fees for rotation towing. The Ordinance was 

written to serve as a stopgap to address the immediate issues and concerns presented to staff and 

the Board. Additionally, the County Attorney’s Office was directed to continue to meet with the 

Leon County Sheriff’s Office and the City of Tallahassee in the effort to create one uniform 

countywide ordinance with the consolidation of Public Safety Dispatch Communications 

beginning in August 2013. 

Analysis: 

According to state statute, counties must regulate the towing services under two circumstances: 

trespass or disabled vehicles. Leon County’s proposed ordinance (Attachment #1), as written, 

now covers all towing establishments. The proposed ordinance requires that all towing 

companies register with the Leon County Sheriff’s Office. The registration process in the 

ordinance now includes the towing company, towing vehicles, and the tow truck drivers. The 

registration process includes a safety inspection of the towing vehicles and a criminal history 

check of the drivers and towing establishment owners. This would help ensure the safety of the 

motoring public. Additionally the following significant changes were made in order to clarify 

and/or strengthen current sections, increase public safety, create uniformity, and establish 

authority and guidelines for the Leon County Sheriff’s Office: 




June 18, 2013 

Page 3 

Sec. 11-332. Storage area requirements, clarifies and adds to what requirements are 

necessary for proper vehicle storage and security. 

Sec. 11-334. Prohibitions, clarifies and strengthens what actions are prohibited and/or 

required. 

Sec. 11-335. Owner, operator and vehicle registration provisions, gives the sheriff or 

designee the authority to adopt such rules and regulations as are necessary for the 

implementation and administration of this ordinance. It gives the sheriff or designee authority to 

deny applications for various listed reason, to include but not limited to if the owner/applicant 

has been convicted, found guilty, pled guilty or nolo contendere to, certain listed offenses 

regardless of the adjudication of guilt, within the last ten (10) years. Additionally, it authorizes 

the sheriff to charge reasonable fees for the administration of this ordinance. 

Sec. 11-336. Wrecker operator’s identification card; renewal, this section now clearly 

lays out what is required in order to secure a towing wrecker operator identification card. It 

requires that the applicant complete a background check and disqualifies the applicant for 

various listed offenses. 

Sec. 11-337. Vehicle decal; renewal, this section has been amended to include the most 

recent vehicle safety requirements. 

Sec. 11-338. Penalties, this section has been amended to clarify what the penalties an d fines 

are for violating the ordinance. 

Sec. 11-341. Fees charged for towing vehicles parked on private property (trespass 

towing), this section was amended to clarify when and how after-hour gate fees may be applied. 

Sec. 11-343. Vehicle not towed upon operator returning, this section was amended to 

offer more protection to individuals that return to their vehicle prior to it being towed. If the 

vehicle is physically connected but not towed away, the towing establishment may charge up to 

one-half of the allowable fees. However, the owner or operator of the vehicle shall be allowed at 

a minimum (15) minutes to render payment to the operator of the towing vehicle before the 

vehicle may be towed. 

Sec. 11-355. Consensual towing establishment requirements, this section was created 

as part of the new DIVISION 4. CONSENSUAL TOWING. Adding this section clearly spells 

out what the County can regulate regarding consensual towing pursuant to Florida Statutes. All 

regulations for establishments performing only consensual towing shall be for the safety and 

welfare of the public and shall in no way have the force and effect of law related to or restricting 

the price, route, or service of the towing establishment. 




June 18, 2013 

Page 4 

The following is a list of pro's and con's the Leon County Sheriff’s Office has identified with 

amending the ordinance as it currently reads: 

Pros 

Cons 

1. Increased safety for the citizens of Leon County due to criminal 

background checks and stringent towing regulation. 

2. Prevents unscrupulous towing companies from charging unnecessary and/or 

excessive fees. 

3. A point of contact for citizens/insurance companies to have 

complaints addressed in reference to all towing companies. 

4. Most of the wrecker companies who desire to "do it right" are 

already on the county/city rotation lists and have no problems 

with regulation. 

1. Additional resources/time will be necessary from the Leon 

County Sheriff’s Office for the purpose of permitting, enforcing 

wrecker regulations and inspections. 

2. Towing companies may be adversely affected by the possible 

loss of staff due to criminal background checks. 

The County Attorney’s Office and representatives of the Leon County Sheriff’s Office also have 

met to discuss changes. However, after meeting with City of Tallahassee representatives the 

City expressed dire concerns with giving up their authority to regulate trespass towing services. 

In the spirit of working together it was decided that both jurisdictions would continue to have its 

respective ordinances but the County would be solely responsible for regulating rotation towing 

services and for permitting all towing establishments/operators. 

The City of Tallahassee has also prepared a proposed ordinance (Attachment #2) in which they 

remove all references to rotation towing services and require all trespass towers to be permitted 

by the Leon County Sheriff’s Office. The City’s proposed ordinance is scheduled for June 19, 

2013 to introduce the ordinance and to request a public hearing be scheduled for July 10, 2013. 

This method still accomplishes the goal to increase efficiency and reduce confusion of dispatch 

operators referring to two separate ordinances and towing rotation lists. 

Options: 

1. Schedule the first and only public hearing on a proposed ordinance amending Chapter 11, 

Article XIII, Entitled “Towing Services” for Tuesday, July 9, 2013 at 6:00 p.m. 

2. Do not schedule the first and only public hearing on a proposed ordinance amending 




Option #1. 

Attachments: 

1. Proposed Ordinance amending Chapter 11, Article XIII. Towing Services 

2. City of Tallahassee proposed towing ordinance 

HWAT/LDR 


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ORDINANCE NO. 13-________ 

AN ORDINANCE OF THE BOARD OF COUNTY 

COMMISSIONERS OF LEON COUNTY, FLORIDA, 

AMENDING CHAPTER 11, ARTICLE XXIII ENTITLED 

“TOWING SERVICES” OF THE CODE OF LAWS OF LEON 

COUNTY, FLORIDA; AMENDING SECTION 11-330, 

DEFINITIONS; AMENDING SECTION 11-332, STORAGE 

AREA REQUIREMENTS; AMENDING SECTION 11-334, 

PROHIBITIONS; AMENDING SECTION 11-335, OWNER, 

OPERATOR AND VEHICLE REGISTRATION PROVISIONS; 

AMENDING SECTION 11-336, OPERATOR’S PERMIT; 

RENEWAL; AMENDING SECTION 11-337, VEHICLE 

PERMIT; RENEWAL; AMENDING SECTION 11-339, 

REVOCATION OF PRIVILEGE OF CONDUCTING 

TOWING; DUE PROCESS HEARING; AMENDING SECTION 

11-340, PREREQUISITES TO TOWING VEHICLES PARKED 

ON PRIVATE PROPERTY (TRESPASS TOWING); 

EXCEPTIONS; AMENDING SECTION 11-341, FEES 

CHARGED FOR TOWING VEHICLES PARKED ON 

PRIVATE PROPERTY (TRESPASS TOWING); AMENDING 

SECTION 11-343, VEHICLE NOT TOWED UPON 

OPERATOR RETURNING; AMENDING SECTION 11-350, 

FEES CHARGED FOR ROTATION TOWING; AMENDING 

SECTION 11-352, VEHICLE OWNER REQUESTS 

FOR SPECIFIC SERVICE; ADDING NEW SECTION 

11-355, CONSENSUAL TOWING ESTABLISHMENT 

REQUIREMENTS; PROVIDING FOR ENFORCEMENT AND 

PENALTIES; PROVIDING FOR CONFLICTS; PROVIDING 

FOR SEVERABILITY; AND PROVIDING FOR AN 

EFFECTIVE DATE. 

BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF LEON 

COUNTY, FLORIDA, that: 

Section 1. Chapter 11, Article XIII, of the Code of Laws of Leon County, Florida, entitled 

“Towing Services,” is hereby amended to read as follows: 

ARTICLE XIII. TOWING SERVICES 

DIVISION 1. GENERALLY; APPLICABLE TO TOWING SERVICES 

Sec. 11-330. Definitions. 

Attachment #1 

Page 1 of 28 


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Unless specifically defined below, words or phrases shall be interpreted so as to give them the 

meaning they have in common usage and to give this article its more effective application. The 

following words, terms and phrases, when used in this article, shall have the meanings ascribed to 

them in this section: 

F98-00038 

Administrative fee shall mean the fee that is charged by a towing establishment for conducting a 

lien search, and certified mail notification to the insurance company, lienholder, owner and all 

other parties with a vested interest in the vehicle or vessel. The notification shall advise the 

insurance company, lienholder, owner and all other parties with a vested interest, of the 

location of the vehicle or vessel and the accrued towing and storage charges as required by F.S. 

§ 713.78. 

Applicable law enforcement shall mean the Leon County Sheriff's Office. 

Consensual Towing shall mean towing a motor vehicle or vessel with the consent of the vehicle 

owner or authorized operator. 

Consent Towing shall mean person who tows a motor vehicle with the consent of the vehicle 

owner. 

Crabbing shall mean the prohibited practice of driving in a manner which causes the towed 

vehicle to take up any portion of the roadway other than the lane in which the wrecker is 

occupying, where the towed vehicle is out-tracking from and deviating from the path of the 

wrecker. 

Dragging shall mean the prohibited practice of hooking a wrecker up to a vehicle and dragging 

it out of the parking space to complete the attachment process, or the process of placing the 

grounded end on dollies. Dollies and safety straps, or other devices used for safe towing of 

these vehicles, must be put in place before moving a vehicle. 

Emergency shall mean circumstances where the usual operation of a business or other private 

property is impeded by the blocking of entrances, exits or access to operational equipment, but 

specifically shall not include tows for the purpose of clearing parking areas. 

Extra time/labor at scene shall mean any extra time beyond one-half hour, needed to safely 

remove a vehicle or vessel, and shall also include the amount of time spent at a scene when a 

wrecker has been summoned and is on scene, but unable to proceed through no fault of the 

wrecker operator. All extra time/labor shall be documented by the wrecker operator and shall 

include: (1) the name of the law enforcement agency, (2) the law enforcement agency case 

number, (3) detailed billing, including an explanation of the services rendered which 

necessitated the charges and (4) detailed photographs of the scene. Extra time/labor shall be 

charged in fifteen-minute increments. 

Gross Vehicle Weight Rating (G.V.W. or G.V.W.R.) shall mean the maximum operating 

weight/mass of a vehicle as specified by the manufacturer. 

LCSO shall mean Leon County Sheriff's Office. 

Major credit card shall mean a valid Visa or Master Card. 

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F98-00038 

Non-consensual towing shall mean towing without the prior consent or authorization of the 

owner or authorized operator of the vehicle or vessel to be towed, and shall include both 

Rotation Towing and Private Property/Trespass Towing as defined herein. 

Permit shall mean the certificate or document that allows an establishment to engage in the 

business of recovering, towing, removing and storing vehicles or vessels for compensation in 

Leon County. 

Relay towing shall mean the prohibited practice in which the towing wrecker operator removes 

a vehicle and takes it to an alternate location other than the storage lot in order to 

simultaneously remove multiple vehicles in a reduced amount of time, then later transporting 

all vehicles to the storage facility. 

Roam towing shall mean towing of vehicles as defined in trespass towing where the towing 

establishment has entered into a contract with a private property owner to roam their property 

during designated hours to remove illegallyimproperly parked vehicles. 

Rotation towing system shall mean a system whereby a group of towing establishments have 

agreed, in writing, to rotate answering calls for towing and storage services when requested by a 

law enforcement agency at the scene of an accident or an abandoned or disabled vehicle. The 

towing establishments shall be placed on a call list, and contacted in ranking order as the need 

arises, and then rotated to the bottom of the list. 

Service Call shall mean a towing establishment’s response to a request for service where 

towing of the vehicle is not required. The towing establishment may charge a reasonable fee 

for services rendered, up to one-half of the applicable base rotation towing rate for the class of 

vehicle, exclusive of any other rotation towing fees. A service call shall include but not be 

limited to: changing a flat tire, providing fuel, assisting in starting a vehicle, unlocking a 

vehicle or winching an operable vehicle back onto the roadway. The fee does not include the 

cost of parts for any authorized vehicle repairs made at roadside, which may be charged by the 

towing establishment in addition to the service fee. A towing establishment is prohibited from 

assessing the full rotation towing rate if the vehicle is not removed. The towing establishment 

that renders service rather than towing a vehicle shall not be rotated to the bottom of the 

rotation list, but shall remain at the top of the list for the next available call. 

Sheriff shall mean the Leon County Elected Constitutional Officer. 

Towing administrator shall mean the employee designed designated by the LCSO to administer 

towing services within Leon County. 

Towing establishment shall mean any building or site in which the business of towing vehicles 

is headquartered. company, corporation, or entity that engages in, owns or operates a business 

providing towing, recovery and storage of vehicles or vessels for compensation. 

Towing services shall mean wrecker, hauler, etc. used to transport a vehicle not under its own 

power. 

Towing wrecker operator shall mean any driver or other employee that has direct and approved 

3 

Attachment #1 

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F98-00038 

access to any towed vehicle. 

Trespass towing shall mean towing or removal of a vehicle that is illegally improperly parked 

on private real property, at the property owner's direction, or as defined asin roam towing. 

Vehicle shall mean any mobile item, whether motorized or not, which is mounted on wheels. 

Vessel shall mean every description of watercraft, barge, and airboat used or capable of being 

used as a means of transportation on water, other than a seaplane or a “documented vessel” as 

defined in F.S. § 327.02(9). 

Weather Wrap/Tarpaulin Fee shall mean a fee that may be assessed when, due to damage to the 

vehicle, the towing establishment reasonably finds it necessary to install and maintain coverage 

on any stored vehicle in order to protect the interior accessories or upholstery from further 

damage by inclement weather. 

Sec. 11-331. Liens for recovering, towing, or storing vehicles. 

(a) Any person or company regularly engaged in the business of recovering, towing or storing 

vehicles who comes into possession of a vehicle pursuant to F.S. § 713.78(2), and who claims a lien 

for recovery, towing, or storage services, shall give notice to the registered owner, insurance 

company and to all persons claiming a lien thereon, as disclosed by the records in the department of 

highway safety and motor vehicles or of a corresponding agency in any other state. Said notice shall 

be as provided in F.S. § 713.78(4). 

(b) In addition to the notice provisions of F.S. § 713.78(4), the notice shall provide a date, time 

and place for the sale authorized pursuant to F.S. § 713.78. 

Sec. 11-332. Storage area requirements. 

Towing establishments providing services pursuant to this article shall maintain one (1) or more 

storage facilities, for the purpose of storage and redemption of vehicles/vessels by owners, insurance 

companies or their representative. When closed, the storage facility shall have a sign indicating a 

telephone number where the company can be reached at all times. Upon a request from the 

vehicle/vessel owner, insurance company or their representative, the company shall release the 

vehicle/vessel to the vehicle/vessel owner, insurance company or their representative within one (1) 

hour. A detailed, signed receipt shall be given to the vehicle owner, insurance company or their 

representative at the time of payment, whether requested or not. 

In addition to the requirements of F.S. § 715.07, storage sites utilized by towing establishments for 

the storage of motor vehicles towed pursuant to trespass or rotation towing must: 

(a) Be securely locked; 

(b) Cover an area with a minimum 7,500 square foot area; 

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Attachment #1 

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(c) Be enclosed by a chain link or solid wall type fence at least six feet in height; and 

(d) Be illuminated with lighting of sufficient intensity expanding to a distance of at least 150 

feet during nighttime.: 

(e) Use one or more of the following security methods to discourage theft of vehicles, vessels or 

any personal property contained in such vehicles or vessels stored in the wrecker operator’s storage 

facility: 

F98-00038 

(1) A night dispatcher or watchman remains on duty at the storage facility from sunset to 

sunrise; 

(2) A security dog remains at the storage facility from sunset to sunrise; 

(3) Security cameras or other similar surveillance devices (such as an alarm system), to 

monitor the storage facility; or 

(4) A security guard service examines the storage facility at least once each hour from 

sunset to sunrise. 

(e)(f) Be inspected by the LCSO towing administrator during the annual application and inspection 

process. 

Sec. 11-333. Publication of notice. 

If publication of notice is required, such notice shall be published in a newspaper of general 

circulation in the county which is published at least one day a week and of general interest and 

readership in the county pursuant to Chapter 50, Florida Statutes, not one of limited subject matter. 

Sec. 11-334. Prohibitions. 

(a) It shall be a violation of this article to charge any fee which is based on law enforcement 

response to a call by the owner of a vehicle. 

(b) It shall be a violation of this article for a non-consensual towing establishment to charge a 

release fee that exceeds the normal towing and storage fee for towed vehicles which are released 

from storage facilities during normal business hours. "Normal business hours" shall be from 8:00 

a.m. to 11:00 6:00 p.m. 

(c) It shall be a violation of this article for any owner or employee of a towing establishment to 

move, remove or deface any tow-away sign, without the permission of the real property owner or an 

authorized representative of the owner. 

(d) It shall be a violation of this article for any owner or employee of a towing or wrecker service 

establishment to compensate, by cash or in-kind services, a property owner or their agent in 

exchange for any agreement to tow vehicles from the property owner's property. 

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(e) It shall be a violation of the this article for a non-consensual towing establishment to exceed 

the fees set forth in this article. 

(f) Each towing establishment’s insurance company shall provide a properly completed 

certificate of insurance evidencing all coverage to the LCSO towing administrator upon 

application/renewal for an operating permit. Each vehicle must be listed on the certificate by its 

year, make and vehicle identification number. Certificates of insurance must contain the following 

name and address as certificate holder: Leon County Sheriff, 2825 Municipal Way, Tallahassee, 

Florida 32304, Attention: Towing Administrator. 

It shall be a violation of this article to operate a wrecker without maintaining insurance coverage in 

the following minimum amounts: 

F98-00038 

(1) Garage liability insurance in an amount of not less than $300,000.00 combined single 

limit liability; 

(2) Garage keeper's legal liability in an amount of not less than $50,000.00, covering 

perils of fire and explosion; theft of a vehicle, its parts, or contents; riot and civil commotion; 

vandalism, and malicious mischief; 

(3) On-hook coverage in an amount of not less than $50,000.00 covering damage to a 

vehicle or vehicles in tow; 

(4) Bodily injury liability insurance and property damage liability insurance in amounts 

of not less than: 

a. $50,000.00 per occurrence for a wrecker with a gross vehicle weight of less than 

35,000 pounds. 

b. $100,000.00 per occurrence for a wrecker with a gross vehicle weight of less than 

35,000 pounds or more but less than 44,000 pounds. 

c. $300,000.00 per occurrence for a wrecker with a gross vehicle weight of more 

than 44,000 pounds. 

(5) Workers’ Compensation Insurance as required by Florida Law. 

(g) It shall be a violation of this article for any owner or employee of a towing establishment to 

attach a towed vehicle in such a manner that it is not traveling in a straight line behind the wrecker 

(otherwise known as "crabbing"), so that both vehicles fail to remain in a single lane of travel, in 

violation of F.S. § 316.089(1). 

(h) It shall be a violation of this article for any owner or employee of a towing establishment to 

demand a "no tow" fee if the vehicle they are physically connected to exceeds the gross vehicle 

weight of the wrecker. For example, a Class A wrecker is not capable of towing a Class C vehicle 

because the combined weight of the two vehicles exceeds the gross vehicle weight capability of the 

wrecker. 

(i) It shall be a violation of this article for a vehicle to be towed on the roadways of Leon County 

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without all devices necessary for the safe towing of the vehicle being in place to include but not be 

limited to; a commercially manufactured steering wheel securing device, towing lights and two 

safety straps securely attached to the wheel lift and/or dollies. 

(j) It shall be a violation of this article for any towing establishment to tow a vehicle if there is a 

living person or animal occupying the vehicle. 

(k) It shall be a violation of this article for persons who provide towing services to use physical 

force or violence or threats of physical force or violence, to aid in efforts to recover or tow vehicles 

or vessels. 

(l) It shall be a violation of this article, and be deemed fraudulent, to transfer ownership of a 

towing establishment to a successor company, if said transfer is made by the towing establishment 

for the purpose of evading fees or penalties issued pursuant to this article. 

(m) Towing establishments who are found to be in violation of this article relating to a specific 

towing incident, shall be required to reimburse the vehicle/vessel owner all improper and/or illegal 

over charges related to that towing incident. Failure to reimburse the owner of the vehicle/vessel in 

such cases is a violation of this article. 

Sec. 11-335. Owner, operator and vehicle registration provisions. 

(a) The sheriff or designee shall have the authority to adopt such rules and regulations as are 

necessary for the implementation and administration of this article. The sheriff shall be authorized 

to charge reasonable fees for the administration of this article. 

(b) It shall be unlawful a violation of this article for any person, either as principal, agent or 

employee of a towing establishment, to conduct towing services without having first registered the 

owner, towing wrecker operators and towing service vehicles with the LCSO, using a format 

approved by the LCSO. The information for Leon County registration shall contain the make, model 

and manufacturer’s serial number of the vehicle; date the vehicle was put into service; the driver’s 

license number of the owner and of all towing service vehicles; the name of the insurance company 

or companies with which the owner and operators have liability insurance coverage for the operation 

of the vehicle as required by law; the name and driver’s license number of all employees involved in 

the towing of vehicles from public and private property, and such other information as may be 

required. It shall be the responsibility of the towing establishment to provide updated information to 

the LCSO. 

(c) The Sheriff or his designee shall review and investigate each application/renewal for an 

operating permit. The Sheriff or his designee shall issue a towing operating permit to towing 

establishments meeting the standards and requirements for an operating permit as provided for in this 

article. The Sheriff or his designee shall deny any application/renewal that is incomplete or untrue in 

whole or in part, or which fails in any way to meet the requirements of this article including but not 

limited to the following; 

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(1) In addition to the provisions of Section 11-336 of this article, if the 

owner/applicant has been convicted, found guilty, pled guilty or nolo contendere to, 

regardless of the adjudication of guilt, within the last ten (10) years involving: Insurance 

fraud, Unlawful repossession of a motor vehicle under F.S. Chapter 493, theft of a motor 

vehicle under F.S. § 812.014, operation of a chop shop under F.S. § 812.16, failure to 

maintain records of motor vehicle parts and accessories under F.S. § 860.14, airbag theft or 

use of fake airbags under F.S. § 860.145 or F.S. § 860.146, overcharging for repairs and parts 

under F.S. § 860.15, violation of the towing or storage requirements for a motor vehicle 

under F.S. § 321.051, Chapter 323, F.S. § 713.78, F.S. § 715.07, carjacking under F.S. § 

812.133; or 

(2) Any felony where use of a vehicle was involved in theft of property. In the case of a 

corporate or partnership applicant, all corporate officers and directors, or partners shall be 

subject to these provisions. 

(d) The provisions of this ordinance shall not apply to governmental agencies, vehicle rental 

companies which tow their own vehicles, to businesses utilizing trucks capable of transporting five 

(5) or more vehicles at one (1) time, towing companies whose sole business is recovery/repossession, 

or to persons who use towing vehicles to transport their vehicles solely for personal, family, 

household or recreational use. 

(e) Towing establishments conducting non-consensual towing in Leon County but having their 

primary place of business outside of Leon County shall be required to obtain an operating permit and 

shall be subject to all of the provisions of this article. Towing establishments whose principal place 

of business is located outside Leon County that provide only consensual towing services in Leon 

County shall be exempt from the licensing/permitting provisions of this article. 

(f) Nothing in this article shall be construed to prohibit the discharge or storage of a vehicle 

lawfully recovered, towed or removed in another county and lawfully transported into Leon County; 

nor shall anything in this article be construed to prohibit a vehicle owner, authorized agent or 

insurance company from requesting the services of a towing establishment not regularly doing 

towing business in the county to remove the owner's vehicle to a location outside the county. 

Sec. 11-336. Wrecker operator’s identification card permit; renewal. 

(a) No wrecker owner or operator shall conduct towing services without first having obtained a 

written permit and wrecker operator’s identification card from the LCSO. After satisfactory 

completion of the required permit application process, the LCSO shall issue an permit and 

identification card. Each permit and identification card shall contain the following: 

(1) aA photograph of the towing wrecker operator; 

(2) tThe name of the wrecker service and towing wrecker operator's first and last name; 

(3) aA control number that can be linked back to the driver's personal information; 

(4) a place for the towing administrator to validate the card; 

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After the card is validated it shall be laminated to protect the information contained on the 

card. If the permit identification card is lost, damaged, stolen or becomes illegible the card, 

shall be replaced by the LCSO. 

(b) It shall be a violation of this ordinance article for the owner of any towing establishment to 

permit any person to be employed as a towing wrecker operator within the county unless such person 

has been granted an written permit identification card to engage in trespass or rotation consensual or 

non-consensual towing by the LCSO. Each permit identification card shall be valid for three years 

one year from date of issuance. 

(c) In order to secure a towing wrecker operator permitidentification card, an applicant shall 

comply with the following and provide such information on a form provided by the LCSO. 

(1) The applicant shall be at least 18 years of age. 

(2) The applicant shall possess a valid Florida driver's license for the class of towing 

vehicle operated and provide a photocopy to the wrecker administrator. 

(3) The applicant shall provide a copy of his/her medical certification card if applicable. 

(4) The applicant shall be competent by reason of experience and/or training to safely 

operate the class of towing vehicle driven. The applicant shall be able to demonstrate his/her 

ability to safely operate the towing vehicle. 

(5) The applicant shall be insured by the towing establishment’s insurance provider. 

(3)(6) The applicant shall not have a prior conviction or adjudication withheld of the 

following: 

a. Any felony conviction within the previous five years from the date of 

application/renewal if his or her civil rights have not been restored; 

b. Any conviction, plea of guilty or nolo contendre, regardless of the adjudication of 

guilt, within the previous ten years from the date of application/renewal, for a felony 

or first degree misdemeanor directly related to the business of towing motor vehicles; 

c. Any conviction, plea of guilty or nolo contendre, regardless of the adjudication of 

guilt, Wwithin the previous five years, of driving under the influence of alcohol, a 

controlled substance, or a chemical substance, to the extent that normal faculties are 

impaired; driving with an unlawful blood alcohol level, or any other criminal traffic 

offense; or 

d. Any conviction, plea of guilty or nolo contendre, regardless of the adjudication of 

guilt, for a violent felony offense, sexual, or lewd and lascivious offense; regardless 

of the amount of time that has elapsed between the date of the application/renewal 

and the final disposition of the case. 

e. Any conviction, plea of guilty or nolo contendre, regardless of the adjudication of 

guilt, for any felony offense(s) that the Sheriff or his designee determines to be a 

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threat to the safety and welfare of the public, regardless of the amount of time that 

has elapsed between the date of application/renewal and the final disposition of the 

case. 

f. More than two (2) traffic citations resulting from accidents within the previous 

three years from the date of application/renewal wherein the driver has been found 

guilty or pled guilty. 

g. More than two (2) convictions of first degree misdemeanor traffic crimes 

including but not limited to the following: reckless driving, careless driving and 

racing, within the previous three years from the date of application/renewal wherein 

the driver has been found guilty or pled guilty. 

h. More than three (3) separate incidents involving moving violations in any twelvemonth 

period within the previous three years from the date of application/renewal 

wherein the driver has been found guilty or pled guilty. 

i. Has been classified as a habitual traffic offender (as defined by Florida Statutes) 

or as defined by the state where he/she previously resided within the previous five 

years from the date of application/renewal. 

(4)(7) The applicant shall undergo a background check consisting of: 

(d) Renewals. 

a. fingerprintingFingerprinting; 

b. seven year driver's Driver’s license history; and 

c. criminal Criminal history check via the Florida Criminal Information 

Center/National Criminal Information Computer. 

(1) The wrecker operator's permit identification card shall be renewed every three years 

annually for operators who remain with the same towing establishment. Prior to an operator 

towing with a different towing establishment, the operator shall notify the LCSO towing 

administrator and obtain a new identification card. 

(2) Towing establishments shall be re-inspected every year. It shall be the towing 

establishment's obligation to notify the LCSO towing administrator, and schedule the 

renewal inspection prior to the date of expiration. 

Sec. 11-337. Vehicle permit decal; renewal. 

(a) Application or renewal for a vehicle permitdecal utilized for towing services shall be made to 

the LCSO towing administrator. The process will consist of the following: 

(1) Equipment check of the vehicle by the LCSO to include the following items: 

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a. Minimum manufacturer's rated capacity-truck-track chassis according to G.V.W. 

class. 

b. Tow Dollies (for Class A and B wheel-lift towing vehicles). 

c. Winch capacity according to G.V.W. class. 

d. At least 100 feet of cable at least three-eighths inch in diameterWinch cable 

length according to G.V.W. class. 

e. Minimum of two safety tie down chains no less than ten feet each. 

f. Snatch block for each winch. 

g. Extra towing chain with hooks (six to eight feet). 

h. Two-way radio or mobile phone. 

i. Amber emergency lights. 

j. Clearance and marker lights. 

k. Two spot (flood) lights mounted on the rear of the vehicle. 

l. Proper lettering, professionally done on both sides of wrecker. 

m. Bolt cutters (minimum of one-half inch opening). 

n. Flashlight. 

o. Traffic cones, 30 minute fuses, red reflectors, or triangles. 

p. Fire Extinguisher, CO2 or dry chemical based with a current inspection tag 

attached. 

q. 4-way lug wrench or impact wrench. 

r. Crowbar or pry bar, minimum of 30 inches. 

s. Heavy-duty push broom. 

t. 50 pounds of sand or equivalent for fluid absorbency. 

u. Set of jumper cables or jumpbox. 

v. Square shovel. 

w. Axe, saw, or chainsaw. 

x. Trash receptacle or bags for glass/debris removal. 

y. Commercially manufactured steering wheel securing device. 

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z. Sufficient tread on all tires (minimum 4/32 tread depth groove on the front tires 

and 2/32 on all other tires) 

aa. Safety Garments such as reflective vests, reflective jackets, reflective shirts, and 

any other reflective clothing that will cause personnel to be more visible to the 

public, shall be worn by all towing company personnel while performing a recovery 

on or near a roadway, regardless of day or night hours. The personal protective safety 

clothing shall meet the performance class 2 or 3 requirements of the ANSI/ISEA 107- 

2010. 

xbb. All other equipment required by F.S. §§ 316 and 715.07. 

y.cc. Wrecker is commercially manufactured with the following minimum 

specifications: 

Class A Tow Truck or Car Carrier—Minimum Ratings: 

1. Gross vehicle weight ratings ..... 10,000 LBS. 

2. Boom capacity ..... 8,000 LBS. 

3. Winching capacity ..... 8,000 LBS. 

4. Cable size and length ..... ⅜″×100′ 

5. Wheel lift retracted rating ..... 3,500 LBS. 

6. Wheel lift extended ratings ..... 2,000 LBS. 

7. Tow sling safe lift rating ….. 3,500 LBS. 

8. Safety chains (2 EACH) ….. ⅜″ high test 

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9. Cab to axle dimension ..... 56″ 

Class B Tow Truck—Minimum Ratings: 




4. Cable size and length ..... ½″×200′ 

5. Under-reach retracted rating ..... 10,500 LBS. 

6. Under-reach extended ratings ..... 8,500 LBS. 

7. Tow sling safe lift rating ..... 8,500 LBS. 

8. Safety chains (2 EACH) ..... 5/16″ ALLOY 


Class C Tow Truck—Minimum Ratings: 



F98-00038 

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4. Cable size and length ..... ⅝″×200′ 




8. Safety chains (2 EACH) ..... ½″ ALLOY 


Class D Tow Truck—Minimum Ratings: 




4. Cable size and length ..... ¾″×200′ 



F98-00038 

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8. Safety chains (2 EACH) ..... ½″ALLOY 


F98-00038 

Class A Wrecker—Minimum Ratings: 

1. Gross vehicle weight rating ..... 14,500 LBS. 



4. Cable size and length ..... ⅜″×100′ 


6. Wheel lift extended rating ..... 4,000 LBS. 


8. Safety chains (2 EACH) ..... 5/16” Grade 70 


Class A Car Carrier—Minimum Ratings: 

1. Gross vehicle weight rating..... 15,000 LBS. 

2. Deck capacity ..... 10,000 LBS. 

3. Length 19’ 


4. Cable size and length ..... ⅜″×50’ 

5. Tie down chains (4 each) 5/16” grade 80 

6. Tie down straps (optional) (4 each) 2000 LBS 


Light Duty-Non Police Towing Minimum Ratings: 

1. Gross vehicle weight rating ..... 9,500 LBS. 

2. Weight of tow truck 4,000 LBS. 

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3. Wheel lift extended rating 2,500 LBS. 

4. Cab to axle dimension 60” 

F98-00038 

Class B Wrecker—Minimum Ratings: 



3. Winching capacity .....(each winch) 12,000 LBS. each 

4. Cable size and length ..... 5/16″×150′ 


6. Wheel lift extended ratings ..... 6,500 LBS. 




Required State D.O.T. Registration 

Class B Car Carrier—Minimum Ratings: 


2. Deck capacity ..... 10,000 LBS. 

3. Wheel lift capacity for 2 nd vehicle 4,000 LBS 

4. Length 19’ 


6. Cable size and length ..... ⅜″×50’ 

7. Tie down chains (4 each) 7/16” grade 80 

8. Tie down straps (optional) (4 each) 2000 LBS 

9. Cab to axle dimension 120” 


Class C Wrecker—Minimum Ratings: 


Air brakes, all tires H-rated, capacity must equal axle rating, device required to control disabled vehicle’s brakes 



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4. Cable size and length ..... ⅝″×150′ 


6. Wheel lift extended rating ..... 12,000 LBS. 

7. Tow Bar 10,000 LBS 



F98-00038 

Required State D.O.T. registration 

Class D Wrecker—Minimum Ratings: 


Air brakes, all tires H-rated, capacity must equal axle rating, device required to control disabled vehicle’s brakes 



4. Cable size and length ..... 3/4″×250′ 


6. Wheel lift extended rating..... 15,000 LBS. 

7. Tow Bar 10,000 LBS 




(2) Providing copies of vehicle records, such as motor vehicle registration and insurance 

maintenance proof, to the LCSO towing administrator. 

(3) City/county occupational license. 

(b) Upon satisfactory completion and approval of the wrecker vehicle operating permit application 

and the vehicle inspection, a validation decal will be issued by LCSO to the applicant, with a 

tracking number for that vehicle to be affixed to the lower driver's side corner of the windshield. 

(c) Wrecker vehicle permits decals shall be renewed as set forth in subsection 11-336(d) of this 

article. 

Sec. 11-338. Penalties. 

(a) In addition to those penalties imposed by F.S. § 715.07, violation of any provision of this 

article, including any of the requirements of F.S. § 715.07, shall be subject to the following civil and 

criminal penalties: 

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(1) Any person who violates this article shall be liable to the owner or lessee of the 

vehicle for all costs of recovery (including all towing and storage fees) plus attorney's fees 

and court costs, and shall in addition be liable to the owner or lessee of any towed or 

removed vehicle for damages resulting directly or indirectly from the removal, transportation 

or storage of the vehicle. 

(2) Any person who violates any of the provisions of this article shall be punished by a 

fine not to exceed $500.00 per violation or by imprisonment in the county jail for a term not 

exceeding 60 days, or by both such fine and imprisonment. Each violation shall be 

considered a separate offense. 

(b) Any violation of any combination of prohibited practices known as crabbing, relay towing, or 

dragging in a 12-month period shall result in the following schedule of fines: 

First violation—$50.00 up to $100.00 fine 

Second violation—$100.00 up to $250.00 fine 

Third and subsequent violation—$100.00$250.00 up to $500.00 fine accompanied with a 

revocation of towing wrecker operator privileges in accordance with section 11-339 of this 

article. 

(c) The sheriff or designee shall have the authority to determine the penalty, consistent with the 

provisions of this section, and to impose and enforce these provisions. 

(d) Any fines, fees or other costs due shall be paid directly to the clerk of the court. 

Sec. 11-339. Revocation of privilege of conducting towing; due process hearing. 

(a) Grounds for revocation. In addition to, or as an alternative to, the penalties set forth in 

section 11-338, the sheriff or designee may revoke the towing privilege of any person, firm or 

corporation to conduct towing on any of the following grounds: 

(1) The towing establishment owner and/or operator fails to register as required by this 

article; or 

(2) The registration contains false statement of a material fact; or 

(3) The towing establishment owner and/or operator provides monetary compensation or 

other compensation as a kickback to the private property owner as an inducement for signing 

a contract with the towing establishment to tow vehicles from the property; or 

(4) The towing establishment owner and/or operator provides monetary compensation or 

other compensation as a kickback to the private property owner for an individual vehicle 

towed from the property; or 

(5) The non-consensual towing establishment owner and/or operator charges fees in 

excess of those set out in this article; or 

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(6) The towing establishment owner and/or operator violates any of the provisions of this 

article or Florida Statutes; or 

(7) The towing establishment owner and/or operator fails to clearly display the wrecker 

vehicle permit decal on the lower left corner of the windshield of the wrecker vehicle 

immediately prior to towing a vehicle and/or while performing a tow; or 

(8) The towing establishment owner and/or operator utilizes a vehicle that has not been 

inspected by the LCSO; or 

(8)(9) The towing establishment operator fails to clearly display his or her LCSO operator's 

identification on or about his or her person immediately prior to performing a tow. 

(b) Determination of violation. Upon the receipt of a complaint of any towing establishment 

owner and/or operator or upon a complaint initiated by the sheriff or designee, the sheriff or designee 

may conduct an investigation regarding any violation of this article. 

(c) Notice of proposed revocation. Upon a probable cause the determination that a violation has 

occurred and that revocation is the appropriate action, the sheriff or designee shall notify the towing 

establishment owner and/or operator in person or by certified mail, return receipt requested, of its 

proposal of revocation. 

(1) Notice shall be made by the sheriff or designee either in person or by certified mail, 

return receipt requested, within five working days following the determination of a proposed 

revocation. Notice by mail shall be considered within the five day time period when placed 

within the United States Mail. 

(2) The notice shall state that the towing establishment owner and/or operator may 

request a due process hearing within 15 calendar days after receiving such notice. 

(3) When a due process hearing is desired, a request must be made in writing by the 

towing establishment owner and/or operator to the sheriff or designee by certified mail, 

return receipt requested. Such request must be received by the sheriff or designee within the 

15-day time period. 

(4) The sheriff or designee shall set and notice the due process hearing within 15 working 

days after the request is received or as soon as practicable thereafter., unless the timeframe is 

waived by both parties. 

(5) Failure to request a due process hearing within the 15 calendar day period or in the 

manner prescribed in this article shall constitute a waiver by the towing establishment owner 

and/or operator of any right to a hearing. 

(d) Due process hearing. Upon a review of the evidence presented at the due process hearing, 

and a finding that a violation has occurred, the sheriff or designee may revoke the towing 

establishment owner's and/or operator's privilege to engage in the business of towing not to exceed 

one year. The decision of the sheriff or designee shall be final. 

(e) Final determination notice. Upon making a final determination, the sheriff or designee shall 

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promptly notify the towing establishment owner and/or operator of the decision to either affirm or 

alter the proposed revocation as set forth in the notice of proposed revocation. Such notice may be 

made by hand delivery or by certified mail, return receipt requested. 

(f) Revocation. Any towing establishment owner and/or operator whose privilege to engage in 

the business of towing has been revoked shall not be eligible to again register with the sheriff for 

towing during the period of revocation. 

(g) Administration of article. The sheriff or designee shall have the authority to adopt such rules 

and regulations as are necessary for the implementation and administration of this article, including, 

but not limited to, hearing procedures. 

F98-00038 

DIVISION 2. TRESPASS TOWING 

Sec. 11-340. Prerequisites to towing vehicles parked on private property (trespass towing); 

exceptions. 

(a) It shall be a violation of this division for a person hired by the owner of private property 

within the county to do any trespass towing without having first obtained approval of the LCSO of 

any towing signs posted on the property. In addition to the requirements of F.S. § 715.07, the 

wording on the sign shall indicate if towing is conducted other than normal business hours by the 

posting of a sign indicating "24 hours per day." 

(b) It shall be a violation of this ordinance for any person to tow or cause to be towed any vehicle 

parked on private real property unless the provisions of F.S. § 715.07, have been complied with 

together with the following requirements: 

(1) The owners of the real property and the towing establishment shall have executed, at 

least 24 hours prior to the towing or removal of any vehicle, a written agreement for trespass 

towing, which agreement shall contain the following provisions: 

a. The duration of the agreement; 

b. The time of day that such towing or removal is authorized; 

c. The days of the week that such towing or removal is authorized; 

d. The fees to be paid for the towing or removal; 

e. The signatures of both the property owner, or the authorized representative, and 

the owner, or authorized representative of the towing service, certifying that each has 

read and is in compliance with all of the provisions of F.S. § 715.07. 

The form for such agreement shall be approved by the LCSO towing administrator, and may 

not be amended or modified in any manner that provides for terms or activities which violate 

the provision of this article or F.S. § 715.07. 

(2) A copy of the completed agreement shall be placed on file with the LCSO. 

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(3) Where the private real property is provided for residential parking other than for a 

single-family residence, the agreement, except as provided in sub-section 11-340(a)(4), shall 

not authorize the towing service to tow away or remove any vehicle without a verified 

request the express instruction to remove the specific vehicle by the property owner or an 

authorized representative. The property owner or authorized representative shall be present at 

the time of towing and must sign and date such instruction in the presence of the wrecker 

operator recovering, towing or removing the vehicle. No pre-approved or post-approved 

blank forms are permitted, and the use of the same shall constitute a violation under this 

chapter. A property owner's representative may include a resident manager, a property 

manager or other agent who has the legal authority to bind the owner, but may not be an 

officer, employee or agent of a towing service. 

(4) Owners of properties used for residential purposes may elect to authorize the towing 

service to tow away or remove vehicles without a verified request the express instruction to 

remove a specific vehicle between the hours of 12:00 midnight and 7:00 a.m., provided that 

the owner first comply with the following requirements: 

a. Posted notice must comply with F.S. § 715.07(2)(a)5. 

b. Signage shall be added to each of the existing tow away signs with letters of the 

same size as the "tow away" language, which provides the following words: "Roam 

Towing, 12:00 midnight—7:00 a.m." 

c. Towing contract on file with the LCSO as required by subsection 11-340(b)(2) of 

this article shall be amended to provide for roam towing between the hours of 12:00 

midnight and 7:00 a.m. 

d. A photograph of the illegally improperly parked vehicle shall be taken by a 

representative of the towing establishment prior to the removal of that vehicle, and 

should shall be maintained by the towing establishment for a minimum period of two 

years. The photograph shall demonstrate the violation of law, rule or regulation for 

which the vehicle is being towed. 

e. Lease, rental or property owners' association documents shall contain a notice 

provision indicating that the residential property utilizes roam towing. In the case of 

properties with existing leases, rental agreements or property owners' association 

documents, it shall be sufficient to notify by regular mail, at the last known address, 

each of the tenants/owners of the property prior to the initiation of roam towing. All 

amendments to or new leases, rental agreements or property owners' association 

documents shall contain the provision giving notice that the property owner intends 

to utilize roam towing, and a complete and specifically detailed list of all towing 

instructions and rules violations that will result in towing. A copy of these provisions 

must be posted in the rental office and the common area. A copy must also be 

maintained on file in each tow vehicle removing cars from the property. The towing 

administrator shall review and approve the parking rules. At the entrance or entrances 

a sign shall be posted stating where the parking rules can be read by residents and 

guests. The parking rules shall be posted in a public area at the complex. The 

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F98-00038 

management, to ensure that they have not been altered, should regularly inspect them; 

any sign that is removed or defaced shall be replaced within 30 days. 

(c) The provisions of this article shall not apply to: 

(1) The towing of vehicles pursuant to other emergencies; 

(2) The towing of vehicles from property appurtenant to and obviously a part of a singlefamily 

residence; 

(3) When notice is personally given to the owner or other legally authorized person in 

control of the vehicle that the area in which that vehicle is parked is reserved or otherwise 

unavailable and that the unauthorized vehicle will be removed at the owner's or operator's 

expense. 

(d) The 24-hour notice requirement of this section shall not apply when the tow is of an 

emergency nature and the owner has notified the LCSO prior to removing the vehicle. 

(e) All vehicles towed shall be towed directly to the storage site owned or leased by the towing 

service and the vehicle shall not be kept in any temporary holding area. 

(f) Each towing service shall staff or monitor its telephones at all times (pager only does not 

satisfy this requirement) and immediately advise any vehicle owner or authorized representative who 

calls by telephone of the following: 

(1) Each and every document or other item which must be produced to retrieve the 

vehicle; 

(2) The total towing charges as of the time of the telephone call, and the rate at which 

charges will accumulate thereafter; 

(3) The acceptable methods of payment; and 

(4) That the vehicle can be picked up, at the designated location, within one hour of 

request. 

Sec. 11-341. Fees charged for towing vehicles parked on private property (trespass towing). 

(a) Fees shall be charged as follows: 

(1) Any towing and storage firm engaged in the business of trespass towing shall not 

charge the owner of any towed vehicle or personal property in excess of $88.00 for the 

removal of a Class A vehicle, $145.00 for the removal of a Class B vehicle, and $300.00 for 

the removal of a Class C vehicle and $400.00 for the removal of a Class D vehicle. Fees shall 

be paid according to the gross vehicle weight, as specified on the registration materials, of 

the vehicle they are attempting to tow. 

(2) No more than $125.00 per day for storage fees may be charged; however, no storage 

fee shall be charged for the first 24-hour period of storage of either the towed vehicle or 

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F98-00038 

personal property found in the towed vehicle. 

(3) The fee for removal shall be all-inclusive; and no additional fees may be charged for 

using dollies, trailers, lifts, slim jims, or any other special equipment or services provided by 

the towing establishment. 

(4) If a certified letter is sent to the owner/lien holder/insurance company pursuant to F.S. 

§ 713.78, an administrative fee of $3340.00 plus postage plus any out-of-state charges, may 

be charged 72 hours after the tow but not before the receipt of a paid certified mail receipt 

from the post office by the towing establishment. An after-hours release fee of $25.00 may be 

charged by the towing establishment for releasing a stored vehicle between the hours of 

11:00 p.m. and 8:00 a.m. After-hour gate fees may not be applied between the hours of 8:00 

a.m. and 6:00 p.m. Monday through Friday (excluding federal holidays). For all other times, 

after-hour gate fees may not be applied until six (6) hours after a vehicle has been impounded 

in the towing establishment’s storage facility. There shall be no charge to any owner or 

authorized person wishing to remove child safety seats, prescription medications and 

prescription eyeglasses, medical equipment or life necessity items from an impounded 

vehicle/vessel. 

(5) Motor vehicles carrying other vehicles (boats, cars, trucks, aircraft, tractors, heavy 

equipment, ATVs and motorcycles) that are securely attached shall be considered part of that 

vehicle's load and no additional fee shall be charged. 

(b) A person who provides trespass towing and storage services pursuant to this section shall 

accept payment for towing and storage charges from the vehicle owner or authorized representative 

in any of the following forms: 

(1) Cash; or 

(2) Valid major credit card or debit card. 

(c) Maximum trespass towing and storage fees shall be established annually by the Board of 

County Commissioners after receiving recommendations from the towing establishments describing 

their costs for the removal and storage of vehicles and personal property. The maximum fees shall be 

set by resolution to be adopted by the Board of County Commissioners prior to December 31 of each 

year. Such maximum fees shall be effective during the following calendar year unless amended by a 

subsequent resolution. 

Sec. 11-342. Receipt from towing service to be furnished to owner when vehicle towed from 

private property is claimed. 

When a towed vehicle is claimed, the towing service shall furnish the owner or other legally 

authorized person with a receipt which shall include the name of the person who authorized the 

towing. The receipt shall also include the following language: 

"Notice: Towing from private property is regulated by the provisions of Section 715.07, 

Florida Statutes and Leon County Ordinance No._________________________." 

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Sec. 11-343. Vehicle not towed upon operator returning. 

The owner or operator of any towing service vehicle which is summoned to tow away any vehicle, 

whether on a public street, public property, or private property, shall not remove or tow the vehicle 

away and shall not charge any fee if the vehicle operator returns to the vehicle prior to the towing 

service operator having physically connected the vehicle to the towing apparatus. "Physically 

connected" shall mean one-half of the wheel lift apparatus surrounding a tire or the winch hook being 

properly hooked to the vehicle in an appropriate place on the vehicle where it can safely be towed or 

winched. that at least two of the vehicle's wheels are raised from the ground and are secured to the 

towing apparatus with safety straps. If the vehicle is physically connected but not towed away, the 

towing establishment may charge up to one-half of the allowable fees as set forth in this article. If the 

registered owner or other legally authorized person arrives at the scene prior to the removal or towing 

of the vehicle, the vehicle shall be disconnected from the towing or removal apparatus, and that 

person shall be allowed to remove the vehicle without interference, upon payment of a reasonable 

service fee of not more than one-half of the posted rate, for which a receipt shall be given, unless that 

person refuses to remove the vehicle which is otherwise unlawfully improperly parked. The owner or 

operator of the vehicle shall be allowed at a minimum (15) minutes to render payment to the operator 

of the towing vehicle. The operator of the towing vehicle shall remain at the scene of the tow during 

this time period. Upon payment of a drop tow fee, the wrecker operator shall disconnect the vehicle 

from the wrecker and return it to the owner or other legally authorized person. The wrecker operator 

shall provide a written receipt. Removal or towing of the vehicle includes the act of removing the 

vehicle off of the physical premises that the towing contract encompasses. 

Sec. 11-344. Trespass towing rules and regulations; authorization. 

The sheriff shall be authorized to promulgate rules and regulations for the administration of trespass 

towing. 

Secs. 11-345 – 11-349. Reserved. 

F98-00038 

DIVISION 3. ROTATION TOWING 

Sec. 11-350. Fees charged for rotation towing. 

(a) Maximum charges for towing and storage services provided by towing wrecker operators in 

Leon County incident to the rotation system are set forth in the following schedule: 

Disabled Vehicles and Crash Towing Class A Class B Class C Class D 

Business hours (8:00 a.m. to 6:00 p.m.) 110.00 140.00 300.00 400.00 

Night hours (6:01 p.m. to 7:59 a.m.) 140.00 170.00 400.00 500.00 

Weekends and holidays 

(6:01 p.m. Fri. to 7:59 a.m. Mon.) 

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140.00 170.00 400.00 500.00 

Mileage rate per towed mile charge outside 8.00 8.00 10.00 10.00 


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of the boundaries of Leon County 

(boundaries for Leon County are Capital 

Circle and Interstate 10) 

Hourly rate for waiting or working time on 

scene after the first 30 minutes (Class A, 

$25.00 per one-quarter hour), (Class B, 

$31.25 per one-quarter hour), (Class C, 

$68.75 per one-quarter hour) and (Class D, 

$87.50) 

Dollies 

F98-00038 

25 

100.00 125.00 275.00 350.00 

Business hours 35.00 35.00 N/A N/A 

Night hours 40.00 40.00 N/A N/A 


(6:01 p.m. Fri. to 7:59 a.m. Mon.) 

Winching vehicle and uprighting vehicle, 

per tow 

Business hours (8:00 a.m. to 6:00 p.m.) 35.00 35.00 

Night hours (6:01 p.m. to 7:59 a.m.) 40.00 40.00 


(6:01 p.m. Fri. to 7:59 a.m. Mon.) 

Additional time at the scene 

Business hours: waiting or labor on scene 

after the first 30 minutes (per person) 

Nights, weekends and holidays: waiting or 

labor on scene after the first 30 minutes 

(per person) 

Landoll trailer, semi rollback or drop back 

trailer or truck (with one hour minimum, 

$300.00) 

Airbags (with one hour minimum, 

$900.00) 

40.00 40.00 N/A N/A 

40.00 40.00 

60.00 60.00 60.00 60.00 

60.00 60.00 60.00 60.00 

Service Call Rate ½ the applicable towing rate 

425.00 425.00 

1080.00 1080.00 

Weather Wrap/Tarpaulin Fee 25.00 25.00 25.00 25.00 

Storage Fees 

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Storage, fenced yard, per day, after the first 

24 hours 

F98-00038 

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25.00 35.00 

Tractor 40.00 40.00 

Trailer 40.00 40.00 

Inside storage per day, after the first 24 

hours 

30.00 40.00 

Tractor 50.00 50.00 

Trailer 50.00 50.00 

After-hours gate fee 

(applies from 6:00 p.m. to 7:00 a.m.) 

Administrative fee pursuant to F.S. § 

713.78 that may be charged three days after 

the tow but not before the receipt of a paid 

certified mail receipt by the towing 

establishment. (An additional fee may be 

charged if a process server is required. The 

fee shall not exceed the total amount 

charged by the process server.) 

40.00 

(plus postage 

and out-of- 

state fees) 

35.00 35.00 35.00 35.00 

40.00 

(plus postage 

and out-of- 

state fees) 

40.00 

(plus postage 

and out-of- 

state fees) 

40.00 

(plus postage 

and out-of- 

state fees) 

(b) It shall be a violation of this article for a towing wrecker operator or towing establishment 

summoned pursuant to a rotation system to charge any additional fees without the advance 

permission of the vehicle owner, driver, or authorized representative. 

(c) Violation of this section shall constitute a non-criminal offense and shall be grounds for 

suspension from the rotation system as outlined in the administrative rules and regulations 

promulgated by the sheriff. 

(d) Regardless of the class of wrecker utilized or responding to the call, charges shall not be 

more than for the class of vehicle towed or serviced, except when vehicle recovery operations require 

a larger class wrecker. 

Sec. 11-351. Rotation system authorization. 

Attachment #1 

Page 26 of 28 

(a) The sheriff or designee is authorized by F.S. § 323.002, to establish a rotation wrecker towing 

system utilizing qualified towing wrecker operators for the removal and storage of wrecked, 

abandoned or disabled vehicles when the owner or operator of the vehicle leaves the procurement of 

a towing service to the investigating law enforcement officer. 

(b) There shall be a standard response time (SRT) for responding to towing requests made by 

LCSO. No greater than a 4530 minute arrival response time shall be the SRT, unless exceptional 

circumstances, including but not limited to, weather, traffic, etc., prohibit compliance. When a 

failure to comply with the SRT is reported to the towing administrator, it shall be the responsibility 

of the towing establishment to provide sufficient evidence to establish that the failure to comply was 


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due to exceptional circumstances. Failure to comply with the SRT shall subject the towing 

establishment to be skipped in the next rotation. 

Sec. 11-352. Vehicle owner requests for specific service. 

The rotation system rules and fees do not apply to a vehicle owner's request for utilization of a 

specific towing wrecker operator or towing establishment when such a request can be reasonably 

honored. In such event, the owner’s request will be honored without resort to these rules unless there 

will be an unreasonable time delay or if a traffic problem exists. 

Sec. 11-353. Wreck chasing prohibited. 

Towing establishments must adhere to F.S. § 323.002, specifically regarding wreck chasing. 

Sec. 11-354. Rotation towing rules and regulations; authorization. 

The sheriff shall be authorized to promulgate rules and regulations for the administration of rotation 

towing. 

F98-00038 

DIVISION 4. CONSENSUAL TOWING 

Sec. 11-355. Consensual towing establishment requirements. 

All regulations for establishments performing only consensual towing shall be for the safety and 

welfare of the public and shall in no way have the force and effect of law related to or restricting the 

price, route, or service of the towing establishment. All sections of this article shall apply to 

consensual and non-consensual towing unless it is otherwise specified. 

It shall be a violation of this article for any towing establishment that has been issued a consent-only 

towing operating permit to perform non-consensual towing services. 

Secs. 11-355356 – 11-375. Reserved. 

Section 2. Conflicts. 

All ordinances or parts of ordinances in conflict with the provisions of this ordinance are 

hereby repealed to the extent of such conflict, except to the extent of any conflicts with the 

Tallahassee-Leon County 2010 Comprehensive Plan as amended, which provisions shall prevail over 

any parts of this ordinance which are inconsistent, either in whole or in part, with the said 

Comprehensive Plan. 

Section 3. Severability. 

If any word, phrase, clause, section or portion of this ordinance shall be held invalid or 

unconstitutional by a court of competent jurisdiction, such portion or words shall be deemed a 

separate and independent provision and such holding shall not affect the validity of the remaining 

portions thereof. 

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F98-00038 

Section 4. Effective Date. 

This ordinance shall have effect upon becoming law. 

DULY PASSED AND ADOPTED BY the Board of County Commissioners of Leon County, 

Florida, this ____ th day of July, 2013. 

ATTESTED BY: 


BY: 

CLERK 


COUNTY ATTORNEY'S OFFICE 


BY: 

HERBERT W.A. THIELE, ESQ. 

COUNTY ATTORNEY 

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BY:__________________________________ 

NICHOLAS MADDOX, CHAIRMAN 



CHAPTER 20 – TRAFFIC AND VEHICLES 

ARTICLE V. - TOWING OF MOTOR VEHICLES, TRESPASS TOWING AND 

Sec. 20-161. - Definitions. 

ROTATION WRECKER TOWING 

The following words, terms and phrases, when used in this article, shall have the meanings 

ascribed to them in this section, except where the context clearly indicates a different meaning: 

Class A vehicles means cars, motorcycles, light duty trucks, boats, campers, and other 

vehicles weighing 10,000 pounds (gross vehicle weight) or less. 

Class B vehicles means medium duty trucks, motor homes, camper trailers, and other 

vehicles weighing between 10,001 and 20,000 pounds (gross vehicle weight). 

Class C vehicles means heavy duty trucks, house trailers, buses, and other vehicles 

weighing more than 20,001 pounds (gross vehicle weight). 

Major credit card means a Visa or MasterCard. 

Rotation wrecker towing system means a system whereby a group of wrecker companies 

have agreed to take turns answering calls for towing and storage services when requested by a 

police officer at the scene of an accident or disabled vehicle. The wrecker companies are placed 

on a list, called consecutively as the need arises, and then rotated to the bottom of the list. 

Trespass towing means towing or removal of a vehicle that is parked on private real 

property, at the property owner's direction. 

vehicle. 

Wrecker operator means any driver or other employee that has direct access to any towed 

Sec. 20-162. - Owner, operator and vehicle registration provisions. 

Attachment #2 

Page 1 of 21 


(a) It shall be unlawful for any person, either as principal, agent or employee, to do any 

trespass or rotation towing without having first registered the owner, wrecker operators and 

towing service vehicles with the police department, using a format approved by the police 

department. The information for registration shall contain the make, model and manufacturer's 

serial number of the vehicle; date the vehicle was put into service; the driver's license number of 

the owner and of all towing service vehicles; the name of the insurance company or companies 

with which the owner and operators have liability insurance coverage for the operation of the 

vehicle as required by law; the name and driver's license number of all employees involved in 

the towing of vehicles from public and private property, and such other information as may be 

required. 

(b) It shall be unlawful for the owner of any wrecker service to permit any person to be 

employed as a wrecker operator within the city unless such person has been granted a written 

permit to engage in towing as required by Chapter 11 of the Leon County Code of Laws. 

Sec. 20-163. - Application for wrecker operator's permit; violations. 

(a) No wrecker operator shall engage in trespass or rotation towing without first having 

obtained a written permit therefor from the owner of the company such operator is employee by 

or such owner's designee. Each permit will meet the following specifications: 

(1) Each card shall be not less than 21/8 inches by 33/8 inches. 

(2) Each card shall contain a photograph of the wrecker operator that is not less than 

one inch by 1½ inches. 

(3) Each card shall contain the name of the wrecker service and wrecker operator's 

first name in letters that are not less than one-fourth inch by one-fourth inch. 

Attachment #2 

Page 2 of 21 


(4) Each card shall contain a control number that can be linked back to the driver's 

personal information. 

(5) Each card shall contain a place for the wrecker administrator to validate the card. 

a. After the card is validated it shall be laminated to protect the information 

contained on the card. 

replaced. 

b. If the permit is lost, damaged, stolen or becomes illegible the card will be 

(b) It shall be unlawful for the owner of any wrecker service to permit any person to be 

employed as a wrecker operator within the city unless such person has been granted a written 

permit to engage in trespass or rotation towing by the chief of police. Each permit shall be valid 

for two years from date of issuance. 

(c) In order to secure a wrecker operator permit, an applicant must provide the following 

information on a form provided by the city manager. The applicant must: 

(1) Provide the wrecker administrator a certified copy from the Florida Department of 

Law Enforcement of his criminal history and a certified copy of his driving record from the 

Florida Department of Highway Safety and Motor Vehicles; 

(2) Be at least 18 years of age; 

(3) Possess a valid Florida Class D driver's license and provide a photocopy to the 

wrecker administrator; 

(4) Not have been convicted of the following: 

a. Any felony if his civil rights have not been restored; 

b. Any felony or first degree misdemeanor directly related to the business of 

towing motor vehicles; or 

Attachment #2 

Page 3 of 21 


c. Within the previous five years, of driving under the influence of alcohol, a 

controlled substance, or a chemical substance, to the extent that normal faculties are 

impaired; driving with an unlawful blood alcohol level; or any other criminal traffic 

offense. 

Sec. 20-164 163. - Revocation; appeal. 

(a) The chief of police may revoke the privilege of any person to do trespass towing on any 

of the following grounds: 

(1) If the towing service owner or operator fails to register as required by this article; 

(2) If the registration contains false statement of a material fact; 

(3) If the towing service owner or wrecker operator provides monetary or other 

compensation to the private property owner for the privilege of towing vehicles from the 

property under contract; 

(4) The towing service owner or operator provides monetary compensation to the 

private property owner for each individual vehicle towed from the property; 

(5) If the towing service owner or wrecker operator charges fees in excess of those set 

out in section 20-168 

this article; or 

(6) If the towing service owner or wrecker operator violates any of the provisions of 

(7) If a wrecker operator fails to display on or about his person or on the dashboard of 

the wrecker, easily visible to the public, the Leon County wrecker operator permit while 

performing a trespass or rotation tow. 

Attachment #2 

Page 4 of 21 


(b) Three violations of the provisions of this article by any owner and/or operator of a 

towing service or towing service vehicle shall result in the automatic suspension of the owner's 

or operator's privilege to engage in the business of trespass towing. An owner shall not be 

suspended for acts of an employee/operator in violation of this section unless the owner actively 

participated in or had knowledge of the violation and took no corrective action against the 

employee/operator. 

(1) The owner or operator shall be informed in person or by certified or registered 

mail within seven days prior to the effective date of the suspension. 

(2) The owner or operator may make a written request for a due process hearing 

within 15 calendar days of the date of the suspension. Failure to request a hearing within the 15 

calendar-day period shall constitute a waiver by the owner or operator of any right to a hearing. 

(3) The city manager shall establish rules governing the conduct of the hearing to 

ensure the due process of law. 

(4) Upon a review of the evidence presented at the hearing, the chief of police may 

revoke the owner's or operator's privilege to engage in the business of trespass towing for up to 

one year. 

(c) Any towing service owner or operator whose privilege to engage in the rotation or 

trespass towing has been revoked shall not be eligible to again register with the police 

department for trespass towing for a period of one year from the date of revocation. 

(d) Any towing service owner or operator whose privilege to engage in the business of 

rotation or trespass towing has been revoked may file an appeal within 15 days of the date of 

revocation pursuant to the appeals process specified in rules adopted by the city manager. 

Attachment #2 

Page 5 of 21 


Sec. 20-165 164. - Authorization. 

(a) The chief of police is authorized to establish a rotation wrecker towing system utilizing 

qualified, reputable wrecker operators for the removal and storage of wrecked or disabled 

vehicles when the owner or operator of the vehicle leaves the procurement of a wrecker service 

to the investigating police officer. Rules and regulations for the administration of a rotation 

system shall be promulgated by the chief of police. 

(b) The chief of police shall be authorized to promulgate rules and regulations for the 

administration of trespass towing. 

Sec. 20-166 165. - Storage area requirements. 

In addition to the requirements of F.S. § 715.07, storage sites utilized by wrecker owners for the 

storage of motor vehicles towed pursuant to trespass or rotation towing must: 

(1) Be capable of being securely locked; 

(2) Be not less than 7,500 square feet; 

(3) Be surrounded by a chainlink or solid wall type fence at least six feet in height; and 

(4) Be illuminated with lighting of sufficient intensity to reveal persons and vehicles at a 

distance of at least 150 feet during nighttime. 

Sec. 20-167166. - Approval of trespass towing signs; prerequisites to towing vehicles parked 

on private property; exceptions. 

Attachment #2 

Page 6 of 21 

(a) It shall be unlawful for a person hired by the owner of private property within the city to 

do any trespass towing without having first obtained approval of the police department of the 

signs posted on the property. In addition to the requirements of F.S. § 715.07, the wording on 


the sign shall indicate if towing is conducted other than normal business hours by the posting of 

a sign indicating "24 hours per day." 

(b) It shall be unlawful for any person to tow or cause to be towed any vehicle parked on 

private real property unless the provisions of F.S. § 715.07 have been complied with together 

with the following requirements: 

(1) The owners of the real property and the towing service shall have executed, at 

least 24 hours prior to the towing or removal of any vehicle, a written agreement for trespass 

towing, which agreement shall contain the following provisions: 

a. The duration of the agreement. 

b. The time of day that such towing or removal is authorized. 

c. The days of the week that such towing or removal is authorized. 

d. The fees to be paid for the towing or removal. 

e. The signatures of both the property owner, or the authorized 

representative, and the owner, or authorized representative, of the towing service, 

certifying that each has read and is in compliance with all of the provisions of F.S. § 

715.07. 

f. The form for such agreement shall be provided by the police department, 

and may not be amended or modified in any manner, which provides for terms or 

activities, which violate the provisions of this article or F.S. § 715.07. 

(2) A copy of the completed agreement is on file with the police department. 

Attachment #2 

Page 7 of 21 

(3) Where the private real property is provided for residential parking other than for a 

single-family residence, the agreement, except as provided in subsection (c)(4) of this section, 

shall not authorize the towing service to tow away or remove any vehicle without a verified 


equest to remove the specific vehicle by the property owner or an authorized representative. A 

property owner's representative may include a resident manager, a property manager or other 

agent who has the legal authority to bind the owner, but may not be an officer, employee or agent 

of a towing service. 

(4) Owners of properties used for residential purposes may elect to authorize the 

towing service to tow away or remove vehicles without a verified request to remove a specific 

vehicle between the hours of 12:00 midnight and 7:00 a.m. provided that the owner first comply 

with the following requirements: 

a. Signage shall be added to each of the existing tow away signs with letters 

of the same size as the "tow away" language, which provides the following words: 

"Roam Towing, 12:00 midnight — 7:00 a.m.". 

b. The towing contract on file with the police department as required by 

subsection (c)(1) of this section shall be amended to provide for roam towing between the 

hours of 12:00 midnight and 7:00 a.m. 

c. A photograph of the "offending" vehicle shall be taken prior to its removal 

and should be maintained by the wrecker company for a minimum period of two years. 

The photograph shall demonstrate the violation of law, rule or regulation for which the 

vehicle is being towed. 

Attachment #2 

Page 8 of 21 

d. Lease, rental or property owners' association documents shall contain a 

notice provision indicating that the residential property utilizes roam towing. In the case 

of properties with existing leases, rental agreements or property owners' association 

documents, it shall be sufficient to notify by regular mail, at the last known address, each 

of the tenants/owners of the property prior to the initiation of roam towing. All 


amendments to or new leases, rental agreements or property owners' association 

documents shall contain the provision giving notice that the property owner intends to 

utilize roam towing, and a complete and specifically detailed list of all towing 

instructions and rules violations that will result in towing. A copy these provisions must 

be posted in the rental office and the common area. A copy must also be maintained on 

file in each tow vehicle removing vehicles from the property. The towing administrator 

shall review and approve the parking rules. At the entrance or entrances a sign shall be 

posted stating where the parking rules can be read by residents and guests. The parking 

rules shall be posted in a public area at the complex. The management, to ensure that they 

have not been altered, should regularly inspect them; any sign that is removed or defaced 

shall be replaced within 30 day. 

(5) The provisions of this article shall not apply to: 

a. The towing of vehicles pursuant to other provisions in this chapter. 

b. The towing of vehicles from property appurtenant to and obviously a part 

of a single-family residence. 

c. When notice is personally given to the owner or other legally authorized 

person in control of the vehicle that the area in which that vehicle is parked is reserved or 

otherwise unavailable and that the unauthorized vehicle will be removed at the owner's or 

operator's expense. 

Attachment #2 

Page 9 of 21 

(c) The 24-hour notice requirement of this section shall not apply where the tow is of an 

emergency nature and the owner has notified the police department prior to removing the 

vehicle. The term "emergency" in this section shall only include circumstances where the usual 


operation of a business is impeded by the blocking of entrances, exits or access to operational 

equipment, but specifically shall not include tows for the purpose of clearing parking areas. 

(d) All vehicles towed shall be towed directly to the storage site owned or leased by the 

towing service and the vehicle shall not be kept in any temporary holding area. 

(e) Each towing service shall staff or monitor its telephones at all times (pager only does not 

satisfy this requirement) and immediately advise any vehicle owner or authorized representative 

who calls by telephone of the following: 

vehicle. 

(1) Each and every document or other item which must be produced to retrieve the 

(2) The exact charges as of the time of the telephone call, and the rate at which 

charges will accumulate thereafter. 

(3) The acceptable methods of payment. 

(4) That the vehicle can be picked up within one hour of request. 

Sec. 20-168 167. - Fees charged. 

(a) Fees shall be charged as follows: 

(1) Any towing and storage firm engaged in the business of trespass towing shall not 

charge the owner of any towed vehicle or personal property in excess of $88.00 for the removal 

of a Class A vehicle, $145.00 for the removal of a Class B vehicle, and $300.00 for the removal 

of a Class C vehicle. Fees shall be paid according to the gross vehicle weight of the vehicle they 

are attempting to tow. 

Attachment #2 

Page 10 of 21 


(2) No more than $15.00 per day for storage fees may be charged; however, no 

storage fee shall be charged for the first 24-hour period from the time the vehicle or personal 

property is towed or removed. 

(3) The fee for removal shall be all-inclusive; and no additional fees may be charged 

for using dollies, trailers, lifts, slim jims, or any other special equipment or services. If a certified 

letter is sent to the owner/lien holder/insurance company pursuant to F.S. § 713.78, an 

administrative fee of $33.00 plus postage plus any out-of-state charges, may be charged three 

days after the tow but not before the receipt of a paid certified mail receipt from the post office 

by the towing and storage firm. 

An after hours release fee of $30.00 may be charged by the towing and storage firm for releasing 

a stored vehicle between the hours of 11 p.m. and 8:00 a.m. 

(4) Motor vehicles carrying other vehicles (boats, cars, trucks, aircraft, tractors, heavy 

equipment ATVs and motorcycles) that are securely attached shall be considered part of that 

vehicle's load and no additional fee shall be charged. 

(b) A person, firm or corporation which provides trespass towing and storage services 

pursuant to this section shall accept payment for charges from the vehicle owner or authorized 

representative in any of the following forms: 

(1) Cash; or 

(2) Valid major credit card or debit card. 

Attachment #2 

Page 11 of 21 

(c) Maximum trespass towing and storage fees shall be established annually by the 

city commission after receiving recommendations based on financial information submitted by 

the trespass towing companies as to their costs for the removal and storage of vehicles and 

personal property and on other information. The required information shall be submitted by the 


towing company owners by October 31 of each year. The maximum fees shall be set by 

resolution to be adopted by the city commission prior to December 31 of each year. Such 

maximum fees shall be effective during the following calendar year and until changed by 

subsequent resolution. 

Sec. 20-169 168. - Vehicle not towed upon operator returning; receipt to be furnished when 

vehicle claimed. 

(a) The owner or operator of any towing service vehicle which is summoned to tow away 

any vehicle, whether on a public street, public property, or private property, shall not remove or 

tow the vehicle away and shall not charge any fee if the vehicle operator returns to the vehicle 

prior to the towing service operator having physically connected the vehicle to the towing 

apparatus. The term "physically connected" means one half of the wheel lift apparatus 

surrounding a tire or the winch hook being properly hooked to the vehicle in an appropriate place 

on the vehicle where it can safely be towed or winched. If the vehicle is physically connected but 

not towed away, the towing company may charge up to one-half of the allowable fees as set forth 

in this article. If the registered owner or other legally authorized person arrives at the scene prior 

to the removal or towing of the vehicle, the vehicle shall be disconnected from the towing or 

removal apparatus, and that person shall be allowed to remove the vehicle without interference 

upon payment of a reasonable service fee of not more than one-half of the posted rate, for which 

a receipt shall be given, unless that person refuses to remove the vehicle which is otherwise 

unlawfully parked. Removal or towing of the vehicle shall be defined as removing the vehicle off 

of the physical premises that the towing contract encompasses. 

Attachment #2 

Page 12 of 21 


(b) When a towed vehicle is claimed, the towing service shall furnish the owner or other 

legally authorized person with a receipt, which shall include the name of the person who 

authorized the towing. The receipt shall also include the following language: 

"Notice: Towing from private property is regulated by the provisions of Section 715.07, Florida 

Statutes, and City of Tallahassee Ordinance." 

Sec. 20-170 169. - Prohibitions; penalties. 

(a) It shall be a violation of this article to charge any fee which is based on police response to 

a call by the owner of a vehicle. 

(b) It shall be a violation of this article to charge a release fee for towed vehicles that are 

released from storage facilities during normal business hours. Normal business hours shall be 

from 7:00 a.m. to 11:00 p.m. 

(c) It shall be a violation of this article for any person other than the real property owner or 

an authorized representative of the owner to move, remove or deface any tow away sign. 

(d) It shall be a violation of this article for any owner or wrecker employee of a towing or 

wrecker service to compensate, by cash or in-kind services, a property owner or their agents in 

exchange for any agreement to tow vehicles from the property owner's property. 

(e) It shall be a violation of this article to exceed the fees set forth in this article. 

(f) Except for towing in the normal course of its business, it shall be a violation of this article 

for a towing or wrecker service to tow vehicles from its property or the property of its agents, 

unless the property is the towing service owner's primary place of business. 

(g) It shall be a violation of this article to operate a wrecker without maintaining insurance 

coverage in the following minimum amounts: 

Attachment #2 

Page 13 of 21 


(1) Garage liability insurance in an amount of not less than $300,000.00 combined 

single limit liability. 

(2) Garage keeper's legal liability in an amount of not less than $50,000.00, covering 

perils of fire and explosion; theft of a vehicle, its parts, or contents; riot and civil commotion; 

vandalism, and malicious mischief. 

(3) On-hook coverage in an amount of not less than $50,000.00 covering damage to a 

vehicle or vehicles in tow. 

amounts of: 

(4) Bodily injury liability insurance and property damage liability insurance in 

a. Not less than $50,000.00 per occurrence for a wrecker with a gross vehicle 

weight of less than 35,000 pounds. 

b. Not less than $100,000.00 per occurrence for a wrecker with a gross 

vehicle weight of less than 35,000 pounds or more but less than 44,000 pounds. 

c. Not less than $300,000.00 per occurrence for a wrecker with a gross 

vehicle weight of more than 44,000 pounds. 

(h) It shall be a violation of this article for any owner or wrecker employee of a towing or 

wrecker service to attach a towed vehicle in such a manner that it is not traveling in a straight 

line behind the wrecker (otherwise known as "crabbing"), so that both vehicles fail to remain in a 

single lane of travel, in violation of F.S. § 316.089(1). 

Attachment #2 

Page 14 of 21 

(i) It shall be a violation of this article for any owner or wrecker employee of a towing or 

wrecker service to demand a "no tow" fee if the vehicle they are physically connected to exceeds 

the gross vehicle weight of the wrecker. For example, a Class A wrecker is not capable of towing 


a Class C vehicle because the combined weight of the two vehicles exceeds the gross vehicle 

weight capability of the wrecker. 

(j) In addition to those penalties imposed by F.S. § 715.07, violation of any provision of this 

article, including any of the requirements of F.S. § 715.07, shall be subject to the following civil 

and criminal penalties: 

(1) Any person who violates this article shall be liable to the owner or lessee of the 

vehicle for all costs of recovery (including all towing and storage fees) plus attorney's fees and 

court costs, and shall in addition be liable to the owner or lessee of any towed or removed 

vehicle for damages resulting directly or indirectly from the removal, transportation or storage of 

the vehicle. 

(2) Any person who violates any of the provisions of this article shall upon 

conviction be punished by a fine not to exceed $500.00 or by imprisonment in the county jail for 

a term not exceeding 60 days, or by both such fine and imprisonment. 

Sec. 20-171. - Fees charged for rotation towing. 

(a) 

Attachment #2 

Page 15 of 21 

(1)Maximum charges for towing and storage services provided by wrecker operators in the 

city incident to the rotation wrecker towing system are set forth in the following schedule: 

Disabled Vehicles and Crash Towing Class A Class B Class C 

Business hours, 8:00 a.m. to 6:00 p.m. $100.00 $125.00 $300.00 

Night hours, 6:01 p.m. to 7:59 a.m. 125.00 150.00 400.00 

Weekends and holidays, 6:01 p.m. Friday to 7:59 a.m. 125.00 150.00 400.00 


Monday 

Mileage rate per-mile charge outside (boundaries for 

city are Capital Circle and Interstate 10) 

Hourly rate for waiting or working time on scene after 

the first 30 minutes (Class A $20.00 per ¼ hour)(Class 

B $25.00 per ¼ hour) (Class C $56.25 per ¼ hour) 

Dollies 

8.00 8.00 10.00 

100.00 125.00 275.00 

Business hours 35.00 35.00 N/A 

Night hours 40.00 40.00 N/A 

Weekends and holidays, 6:01 p.m. Friday to 7:59 a.m. 

Monday 

Winching Vehicle and Up-Righting Vehicle, Per Tow 

40.00 40.00 N/A 

Business hours 8:00 a.m. to 6:00 p.m. 35.00 35.00 

Night hours 6:01 p.m. to 7:59 a.m. 40.00 40.00 


Monday 

Additional Time at the Scene 

Business hours: Waiting or labor on scene after the 

first 30 minutes (per person) 

40.00 40.00 

60.00 60.00 60.00 

Nights, weekends and holidays: Waiting or labor on 60.00 60.00 60.00 

Attachment #2 

Page 16 of 21 


scene after the first 30 minutes (per person) 

Landoll trailer, semi rollback or drop back trailer or 

truck (with one hour minimum 300.00) 

425.00 

Airbags (with one hour minimum 900.00) 1080.00 

Storage fenced yard, per day, after the first 24 hours 25.00 35.00 

Tractor 40.00 

Trailer 40.00 

Inside storage per day, after the first 24 hours 30.00 40.00 

Tractor 50.00 

Trailer 50.00 

After hours gate fee applies from 6:00 p.m. to 7:00 

a.m. 

receipt of a paid certified mail receipt by the towing 

company (An additional fee may be charged if a process 

server is required. The fee shall not exceed the total 

amount charged by the process server.) 

35.00 35.00 35.00 

Administrative fee pursuant to F.S. § 713.78 that may be 40.00 plus 40.00 plus 40.00 plus 

charged three days after the tow but not before the postage and postage and postage and 

out-of-state 

fees 

out-of-state 

fees 

Attachment #2 

Page 17 of 21 

out-of-state 

fees 


(2) Effective July 1, 2009, the maximum charges for towing and storage services provided by 

wrecker operators in the city incident to the rotation wrecker towing system are set forth in the 

following schedule: 

Disabled Vehicles and Crash Towing Class A Class B Class C 

Business hours, 8:00 a.m. to 6:00 p.m. $110.00 $140.00 $300.00 

Night hours, 6:01 p.m. to 7:59 a.m. 140.00 170.00 400.00 


Monday 

Mileage rate per-mile charge outside (boundaries for 

city are Capital Circle and Interstate 10) 

Hourly rate for waiting or working time on scene after 

the first 30 minutes (Class A $20.00 per ¼ hour)(Class 

B $25.00 per ¼ hour) (Class C $56.25 per ¼ hour) 

Dollies 

140.00 170.00 400.00 

8.00 8.00 10.00 

100.00 125.00 275.00 

Business hours 35.00 35.00 N/A 

Night hours 40.00 40.00 N/A 

Weekends and holidays 6:01 p.m. Friday to 7:59 a.m. 

Monday 

Winching Vehicle and Up-righting Vehicle Per Tow 

40.00 40.00 N/A 

Business hours, 8:00 a.m. to 6:00 p.m. 35.00 35.00 

Attachment #2 

Page 18 of 21 


Night hours, 6:01 p.m. to 7:59 a.m. 40.00 40.00 

Weekends and holidays 6:01 p.m. Friday to 7:59 a.m. 

Monday 

Additional Time at the Scene 

Business hours: Waiting or labor on scene after the 

first 30 minutes (per person) 

Nights, weekends and holidays: Waiting or labor on 

scene after the first 30 minutes (per person) 

Landoll trailer, semi rollback or drop back trailer or 

truck (with one hour minimum 300.00) 

40.00 40.00 

60.00 60.00 60.00 

60.00 60.00 60.00 

425.00 

Airbags (with one hour minimum 900.00) 1,080.00 

Storage fenced yard, per day, after the first 24 hours 25.00 35.00 

Tractor 40.00 

Trailer 40.00 

Inside storage per day, after the first 24 hours 30.00 40.00 

Tractor 50.00 

Trailer 50.00 

After hours gate fee applies from 6:00 p.m. to 7:00 

a.m. 

35.00 35.00 35.00 

Attachment #2 

Page 19 of 21 

Administrative fee pursuant to F.S. § 713.78 that may 40.00 plus 40.00 plus 40.00 plus 


e charged three days after the tow but not before the postage and postage and postage and 

receipt of a paid certified mail receipt by the towing 

company (An additional fee may be charged if a process 

server is required. The fee shall not exceed the total 

amount charged by the process server.) 

out-of-state 

fees 

out-of-state 

fees 

out-of-state 

(b) It shall be unlawful for a wrecker operator or company summoned pursuant to a rotation 

system call to charge any additional fee without the advanced permission of the vehicle owner, 

driver, or authorized representative. 

(c) Violation of this section shall constitute a non-criminal offense and shall be grounds for 

suspension from the rotation system as outlined in the administrative rules and regulations 

promulgated by the chief of police. 

Sec. 20-172. - Owner requests for specific service; wreck-chasing prohibited. 

(a) The rotation system rules and fees do not apply to a vehicle owner's request for utilization 

of a specific wrecker operator or company when such request can be reasonably honored. 

(b) It is unlawful pursuant to F.S. § 323.002(2)(b), for any person to solicit any wrecker 

business, directly or indirectly, at the scene of a wrecked or disabled vehicle, regardless of 

whether the solicitation is for the purpose of towing, repairing, wrecking, storing, trading, or 

purchasing the vehicle. 

Attachment #2 

Page 20 of 21 

(c) It is unlawful pursuant to F.S. § 323.002(2)(b) for any person operating a wrecker to 

bring the wrecker to the scene of an accident unless such wrecker has been called to the scene by 

fees 


the police department or by the owner, operator, or other person responsible for a vehicle 

involved in the accident. 

Sec. 20-173 170. - Liens for recovering, towing, or storing vehicles; publication of notice. 

(a) Any person regularly engaged in the business of recovering, towing or storing vehicles 

who comes into possession of a vehicle pursuant to F.S. § 713.78(2), and who claims a lien for 

recovery, towing, or storage services, shall give notice to the registered owner and to all persons 

claiming a lien thereon, as disclosed by the records in the Florida Department of Highway Safety 

and Motor Vehicles or of a corresponding agency in any other state. The notice shall be as 

provided in F.S. § 713.78(4). 

(b) In addition to the notice provisions of F.S. § 713.78(4), the notice shall provide a date, 

time and place for the sale authorized pursuant to F.S. § 713.78. 

Attachment #2 

Page 21 of 21 

(c) If publication of notice is required, such notice shall be published in a newspaper of 

general circulation in the county which is published at least one day a week and of general 

interest and readership in the county pursuant to F.S. ch. 50, not one of limited subject matter. 


Leon County 




To: 

Leon County 



June 18, 2013 



Title: Acceptance of Status Report on Strategic Initiative to Develop Design 

Standards Requiring Interconnectivity for Pedestrians and Non-Vehicular 

Access 



Department/ 


Lead Staff/ 

Project Team: 





Development 

Wayne Tedder, Director, Planning, Land Management and 

Community Enhancement (PLACE) 

David McDevitt, Director, Development Support & Environmental 

Management (DSEM) 

Roxanne Manning, Planning Manager 

Russell Snyder, Land Use Planning Manager 

Susan Denny, Senior Planner 


Option #1: Accept the status report on the strategic initiative to develop design standards 

requiring interconnectivity for pedestrians and non-vehicular access. 


Title: Acceptance of Status Report on Strategic Initiative to Develop Design Standards Requiring 

Interconnectivity for Pedestrians and Non-Vehicular Access 

June 18, 2013 

Page 2 

Background 


On March 14, 2013, Planning Department staff and senior staff from the Development Support 

and Environmental Management (DSEM) Department met in order to discuss past and present 

efforts for pedestrian and non-vehicular interconnectivity. In addition, a thorough review of the 

Tallahassee-Leon County Comprehensive Plan and the Leon County Land Development Code 

was made to ascertain and evaluate requirements and policies necessary for implementation of 

pedestrian and non-vehicular interconnectivity. 

Providing the status report is an essential component to the following FY2012 & FY 2013 

Strategic Initiative that the Board approved at the January 29, 2013 meeting: 

“Implement strategies that preserve neighborhoods and create connectedness and 

livability, including develop design standards requiring interconnectivity for 

pedestrians and non-vehicular access.” 

This particular Strategic Initiative aligns with the Board’s Strategic Priorities – Quality of 

Life. 

Support the preservation of strong neighborhoods through appropriate community 

planning, land use regulations, and high quality provision of services. (Q6) 

Further create connectedness and livability through supporting human scale 

infrastructure and development, including enhancing our multimodal districts. 

(Q7) 

Analysis 

Tallahassee-Leon County Comprehensive Plan 

Pedestrian and non-vehicular interconnections are physical sidewalks or pathways between sites 

or subdivisions that are suitable for travel by pedestrian or non-motorized vehicles, most often a 

bicycle. These interconnections can take the form of direct sidewalk interconnection to adjacent 

sites, public/private sidewalk networks, or multi-use trails between adjacent uses or subdivisions. 

Mobility Element Objective 1.4 of the Comprehensive Plan includes a provision to “increase 

access and safety for cyclists and pedestrians.” Implementing policies for this objective require 

that developments within the Urban Service Area (USA) include bicycle lanes and pathways or 

sidewalks within proposed developments connecting the surrounding land uses. Pedestrian and 

bicycle interconnections are required between compatible developments and they can be required 

between incompatible developments if the interconnections do not negatively impact either the 

new development or adjacent development and the interconnection reduces vehicular traffic on 

nearby streets. 




June 18, 2013 

Page 3 

Additionally, the Comprehensive Plan requires developers to build sidewalk connections from 

their developments to the existing sidewalk network along the right-of-way of adjacent streets. 

In this way, the sidewalk network is expanded and new development can access adjacent 

development along the public sidewalk network. 

Leon County Land Development Regulations 

1. Direct Interconnections: 

Section 10-7.502(b) of the Leon County Land Development Regulations implements the 

pedestrian and vehicular interconnection requirements of the Comprehensive Plan as follows: 

Pedestrian interconnections are required between non-residential (including recreation and 

community services) and multi-family developments within the USA; 

If the adjacent site is developed, the interconnection is required to be constructed; 

If the adjacent site is undeveloped, the developer is required to provide for future 

interconnections to the property line of the adjacent property; 

Pedestrian and bicycle interconnections are required to any public building, public park, trail, 

bikeway, transit stop or public school (if approved by the school board); 

The minimum pavement width of the pedestrian cross access shall be determined by the 

county engineer; 

Exemptions: interconnection requirements are exempted when the Development Review 

Committee (DRC) determines that there are physical impediments to their construction such 

as environmental features, buildings, etc.; and 

Pedestrian and bicycle paths in residential subdivisions between adjoining subdivisions and 

the street network are required to be constructed in a safe and convenient way, as determined 

by the DRC based on the signage, location, width, clearance and construction material design 

standards approved by the county engineer. 

Section 10-7.502(b) augments the Comprehensive Plan’s pedestrian and non-vehicular 

interconnection requirements by insuring that the width of the interconnections meet 

engineering design standards. In addition, these regulations assure that the interconnections 

are not constructed prematurely, creating an added cost to the developer, but rather that the 

interconnections are constructed when they are needed. 

The existing interconnection regulations provide for exemptions from pedestrian and nonvehicular 

interconnections on a limited basis. The approval of these exemptions requires 

DRC action and is based on the documented presence of physical impediments to the 

interconnections. 




June 18, 2013 

Page 4 

2. Sidewalks: 

Sections 10-7.529 (1) and (2) of the Leon County Land Development code require new 

development in the USA to implement a “pedestrian mobility system”, which requires a sidewalk 

network within a development to link building, parking and other areas of the site. It also requires 

sidewalk connections from the internal site network to the public sidewalk network. Sidewalks 

are also required within new residential subdivisions and between new residential subdivisions 

and other residential subdivisions. Design standards for sidewalks are set by the County Engineer 

to ensure that they are safe and functional. 

For small-scale developments, a one-time exemption for sidewalks is provided wherein the 

owner only needs to record an easement for a future sidewalk (to be constructed by a third 

party or government entity). This is a cost savings for applicants (typically 

small businesses) who are proposing 1,000 square feet or less of additional development or 

reconstruction/renovation, especially on a parcel that has a lot of roadway frontage. 

Exceptions to the sidewalk construction requirements are also based on safety and/or 

environmental issues. Additionally, in industrial areas, which have low pedestrian accessibility 

demand, sidewalks may be exempted. These exceptions must be approved by the DRC and a feein-lieu 

of constructing the sidewalk must be paid into a fund that will be used to construct 

sidewalks elsewhere in the County. 

Conclusion 

After consulting with DSEM staff and reviewing the Comprehensive Plan and Land Development 

Regulations, the Planning Department believes that the existing regulations adequately provide 

pedestrian and non-vehicular interconnectivity. Additionally, the requirement that the County 

Engineer approve the design standards of interconnections, multi-use paths and sidewalks ensures that 

these facilities are functional and safe. Finally, the Land Development Code provides sufficient 

flexibility to ensure that interconnections are constructed at the time that they are needed and 

exemptions to sidewalk and interconnection requirements are for appropriate cause and approved by 

an appropriate reviewing body. Staff has not identified additional standards to recommend to the 

Board that would improve interconnectivity for pedestrian and non-vehicular access. 

Options: 

1. Accept the status report on the strategic initiative to develop design standards requiring 

interconnectivity for pedestrians and non-vehicular access. 

2. Do not accept the status report on the strategic initiative to develop design standards requiring 

interconnectivity for pedestrians and non-vehicular access. 



Option #1. 


Leon County 




To: 

Leon County 



June 18, 2013 



Title: Acceptance of Status Report on “Promote Concentrated Commercial 

Development in Woodville” Strategic Initiative 



Department/ 


Lead Staff/ 

Project Team: 





Development 

Wayne Tedder, Director, Planning, Land Management and 

Community Enhancement (PLACE) 

David McDevitt, Director, Development Support and 

Environmental Management 

Roxanne Manning, Planning Department Manager 

Russell Snyder, Land Use Planning Administrator 


Option #1: Accept the status report on “Promote concentrated commercial development in 

Woodville” Strategic Initiative. 


Title: Acceptance of Status Report on “Promoting Concentrated Commercial Development in 

Woodville” Strategic Initiative 

June 18, 2013 

Page 2 


Background: 

On March 27, 2013, Planning Department staff met with senior staff from the Development 

Support and Environmental Management (DSEM) Department in order to discuss past and 

present efforts to realize the goal of promoting concentrated commercial development in 

Woodville. DSEM reported that it was not aware of any regulatory impediments to maximum 

commercial development in Woodville, only limitations based on the lack of sewer availability 

in the area. 

Promoting commercial development in Woodville is essential to the following FY2012 & 

FY2013 Strategic Initiative that the Board approved at the January 29, 2013 meeting: 

“Implement strategies which plan for environmentally sound growth in the 

Woodville Rural Community, including: Promote concentrated commercial 

development in Woodville.” 

This particular Strategic Initiative aligns with the Board’s Strategic Priorities: 

Analysis: 

Protect our water supply, conserve environmentally sensitive lands, and 

safeguard the health of our natural ecosystems, including adoption of minimum 

Countywide environmental standards. (EN1) 

Promote orderly growth which protects our environment, preserves our charm, 

maximizes public investment, and stimulates better and more sustainable 

economic returns. (EN2) 

Create senses of place in our rural areas through programs, planning, and 

infrastructure, phasing in appropriate areas to encourage connectedness. (Q5) 

Comparison of Allowable Commercial Intensity in Woodville on Septic versus Central Sewer 

Attachment #1 is a map of the zoning districts and existing uses in Woodville; Attachment #2 

contains the respective zoning district charts. The current zoning in Woodville is more than 

adequate to achieve dramatic increases in commercial intensity. The current zoning standards 

are, however, under-utilized because, in order to achieve them, sewer must be available to avoid 

the septic-related maximum building limitations found in the referenced zoning districts. 

Specifically, there are limitations in the Woodville Commercial (WC) zoning district that limit: 

• Septic systems are limited to a 500 gallon per day sewage flow capacity per ½ acre, 

which is comparable to the capacity of a septic system required for a five bedroom home. 

This limitation impacts the potential for developing high wastewater volume 

establishments. 

• The size of buildings served by a septic system to 8,000 sq. ft. per acre (if served by 

central sewer, the limitation is 10,000 sq. ft. per acre). 




June 18, 2013 

Page 3 

Likewise, Neighborhood Commercial (C-1) and General Commercial (C-2) zoning districts have 

intensity limitations specific to properties within the Woodville Rural Community (WRC). 

• Within C-1 and C-2 in Woodville, commercial development is capped at 50,000 sq. ft. 

per parcel. 

• Allowable intensities in C-1 and C-2 are four to five times higher when located outside 

Woodville---a maximum of 200,000 sq. ft. per parcel in districts containing 20 acres or 

less, and 250,000 sq. ft. per parcel in districts containing 20 to 30 acres. 

An analysis of the Floor Area Ratio (FAR) of the existing commercial lands in Woodville 

reveals that the average FAR is approximately 0.07 (Attachment #1). FAR is the ratio of a 

building's total floor area to the size of the piece of land upon which it is built, and it is used as a 

measure of the intensity of a site. 

The average FAR for existing similar development in the Southern Strategy Area (SSA) is 0.13; 

because the SSA is a larger statistical sample, and is similar to Woodville in its development 

patterns. The analysis in the following Table 1 below shows the difference between projected 

build-out of the developable commercial areas in Woodville under the existing septic scenario, 

and with a central sewer system using the SSA average FAR as a more conservative unit for 

comparison. 

Table 1: 

Woodville Commercial Development C-1 C-2 WC* 

Commercial 

zoning districts 

total 

Gross acreage 1.7 32.1 51.4 85.2 

Developed acres 0.0 14.4 36.6 51.0 

Vacant acres 1.7 17.7 14.8 34.2 

Developable acreage** 1.7 27.4 46.1 75.2 

Developed acres 0.0 11.5 33.3 44.8 

Vacant acres 1.7 15.9 12.8 30.4 

Developable acreage, max. build-out 

allowed by zoning district with central 

sewer (SF) 

Developable acreage, build-out on septic 

at current SSA FAR of 0.13 (SF)† 

Difference between build-out at current 

SSA rate on septic vs. potential build-out 

allowed by current zoning with central 

sewer (SF) 

17,100 342,100 552,700 911,900 

9,700 155,000 260,800 425,500 

7,400 

(+76%) 

187,100 

(+121%) 

291,900 

(+112%) 

486,400 

(+114%) 

* Based on existing WC development patterns, estimated at 20% warehouse (@ 20,000 SF/acre) and 80% other uses (@ 

10,000 SF/acre). 

** Gross acres less wetland/conservation areas. 

† FAR=0.13, comparable to existing development patterns in Southern Strategy Area. 




June 18, 2013 

Page 4 

Essentially, Table 1 shows that the commercially-zoned properties in Woodville could yield 

911,900 sq. ft. of commercial development, if central sewer was available. Less than half of that, 

425,500 sq. ft., would be built on septic under development patterns similar to those currently 

existing in Woodville and similar areas. This potential difference in commercial development, if 

sewer is available, is an additional 486,400 sq. ft., a 114% increase. 

Woodville Recharge Basin Flood Study 

In order to promote economic development, the provision of central sewer is essential to increase 

the development intensity and density of the Woodville Rural Community. The County has 

proposed central sewer for the WRC as part of its sales tax projects. According to the Public 

Works Department, however, prior to this increase in allowable intensities and densities, a 

comprehensive flood study needs to be undertaken to determine the areas susceptible to closed 

basin depression flooding and to plan for protection of those areas from development. The 

intricate karst features and dependencies on groundwater - surface water interactions that staff 

has witnessed, in terms of flooding over the long-term, are not accurately reflected on the FEMA 

maps. The Public Works Department has requested such a study as a sales tax project, the 

Woodville Recharge Basin Flood Study, with a projected cost of $1.3 million (which does not 

include the cost of FEMA Map revisions). 

Conclusion 

After consulting with DSEM staff, the Planning Department believes that concentrated 

commercial development in Woodville cannot be promoted until central sewer is available. 

This would make it possible to achieve the much higher commercial intensities already allowed. 

No other regulatory obstacles were identified as limiting the commercial possibilities in 

Woodville. However, the Public Works Department believes that a flood study needs to be done 

to determine the areas in the Woodville Rural Community that are susceptible to closed basin 

depression flooding in order to best protect those areas from the impacts of development. 

Options: 

1. Accept the status report on “Promote concentrated commercial development in Woodville” 

Strategic Initiative. 

2. Do not accept the status report on “Promote concentrated commercial development in 

Woodville” Strategic Initiative. 



Option #1. 

Attachments 

1. Map of Woodville Zoning Districts and Existing Uses 

2. Woodville Commercial, C-1 and C-2 Zoning District Charts 

VSL/TP/WT/RM/RS 


ART LN 

PAGE RD 

BISMARK RD 

1.9 

OL D W O O DVIL L E R D 

RA 

/ 

MRS MYRT WAY 

R-5 

MH 

R-1 

0.59 

5 

1650 

3.85 

5688 

WC 

WOODVILLE HWY 

3240 

3.36 

RP 

OLD WOODVILLE RD 

8.02 

R-5 

R-1 

2410 

2.55 

1038 

0.84 

R ED TO P CIR 

0.59 

0.58 

2.23 

2.31 

MH 

MARY HIDDEN LN 

C-1 

MAIN ST 

0.47 

0.7 

0.9 

RHODES CEMETARY RD 

18050 14900 

2066 

0.93 

0.65 

0.39 

0.47 

2730 

962 

WOODVILLE HWY WOODVILLE HWY 

1981 

0.61 

0.79 

0.95 

3972 

1.37 

1323 

2800 

1.2 

1.31 

1.92 

C-2 2.6 

1.06 

0.83 

1.74 

Legend 

0.4 

1.22 

2.48 

WC 

840 

2.64 

1.95 

1.99 

0.39 

2313 

LAWHON RD 

1.43 

0.55 

T AND T RD 

1.1 

0.3 

0.37 

17535 

Woodville north 

buildings in Woodville commercial zoning 

Woodville parcels in commercial zoning 

Woodville: commercial zoning 

Single Family Detached/Mobile Home 

0 250 500 Feet 

0.43 

616 

14778 

2032 

0.94 

1800 

R-1 

15093 

2.56 

FAMILY LN 

14532 

0.84 

0.83 

0.42 

1561 

C-2 

0 

5753 

0.99 

2400 

R-5 

REGISTER RD 

1.29 

PAGE RD 

0.39 

BEAR IN GTO N DR 

RA 

R-1 

OAK RIDGE RD E 

SHADYSIDE CIR 

CEMETERY RD 

RA 

Woodville area 

commercial zoning 

districts, 2013 

Existing land use in C-1, C-2, 

and WC zoning districts in 

Woodville Rural Community 

SF: Vacant on portion with comm. zoning 

Multi-Family 

Retail 

Office 

Warehouse 

Religious/Non-profit 

Vacant 

other buildings 

zoning 

Leon County boundary 

RP 

W A K U L L A 

C-2 

LARCHMONT LN 

AMBUSH RD 

WOODVILLE HWY 

R-1SUMMERHAVEN 

DR 

LAVERNES WAY 

Page NATURAL 331 of 631 no responsibility for this layer. 

BRIDGE RD 

Posted at 6:15 p.m. on June 10, 2013 

7.66 

C-1 

OLD WOODVILLE RD 

1.32 

RA 

EDELLE RD 

0 250 500 Fe 

RA 

2804 

2.81 

C-2 

2.05 

C-2 

R-1 

Woodville Rural Communi 

Commercial development in Woodville Rural Community 

[Base SF for parcel depicted inside building footprints; parcel acreage in italics] 

Zoning district 

/ 

Reseach, GIS & Graphics 

parcels 

w/dev. 

Apr. 18, '13 DL 

Sum parcels 

(acres) 

Disclaimer. 

NOTE: This product, which has been compiled 

from the most accurate source data from Leon 

County and the City of Tallahassee, is for 

reference purposes only and is not to be 

construed as a legal document or survey 

instrument. Any reliance on the information 

contained herein is at the user’s own risk. 

Leon County, the City of Tallahassee, and the 

Leon County Property Appraiser assume no 

responsibility for any use of the information 

contained herein or any loss resulting therefrom. 

Any parcel data displayed is considered to be 

in draft form and the Property Appraiser assumes 

LEON 

0 1.25 2.5 Miles 5 

wetland/ 

conserv. acres 

Woodville south 

R-1 

WOODVILLE 

Tallahassee 

WAKULLA 

Sum buildings 

(base sf) FAR (gross) FAR (net) 

C-2 11 13.5 1.9 64,366 0.11 0.13 

WC 22 31.0 3.4 93,146 0.07 0.08 

Zoning district 

parcels 

undev. 

undev. area 

(acres) 

wetland/ 

conserv. acres 

C-1 2 1.7 0.0 

C-2 10 19.6 4.9 

WC 16 22.7 17.1 

Attachment #1 

Page 1 of 1 

Potential SF @ net FAR=0.13 on undev. 

acreage 

9,683 

83,334 

31,417 

R-1 

RP

Leon County 




To: 

Leon County 



June 18, 2013 



Title: Acceptance of Cultural Plan Review Committee Interim Report 



Department/ 


Lead Staff/ 

Project Team: 


This item does not have a fiscal impact. 



Kim Dressel, Senior Assistant to the County Administrator 

Ken Morris, Economic Development and Business Partnerships 

Director 

Lee Daniel, Tourism Development Director 


Option #1: Accept the Tallahassee/Leon County Cultural Plan Review Committee Interim 

Report (Attachment #1). 



June 18, 2013 

Page 2 


Background: 

In 2003, the "Cultural Plan for the Future of the City of Tallahassee and the Capital Area" 

(Cultural Plan) was developed by an advisory group appointed by the City of Tallahassee, as well 

as participation by several community leaders. Since 2003, Leon County has partnered with the 

Council on Culture & Arts (COCA) to implement the Cultural Plan and administer the cultural 

grant program. During this period, the County has provided COCA with $5.5 million in funding, 

of which $4.13 million has been re-granted to the community (Attachment #2). In August through 

November 2012, the Board of County Commissioners and the City Commission separately 

discussed and approved the process to update the Cultural Plan, which is summarized as follows: 

• An 18-member Cultural Plan Review Committee was formed (Table 1). 

• The Committee was tasked with reviewing the original plan, assessing the status of plan 

implementation, determining what portions of the plan need to be updated or omitted based 

on changes that have occurred, and providing recommendations to the City Commission 

and Leon County Board of County Commissioners on modifications to the plan objectives. 

• The timeline would be such that the Committee would complete its recommendations so 

that they can be included in the 2013/14 budget considerations. 

• The City is taking the lead role in staffing the Committee, in a manner comparable to the 

lead role that the County is taking for the Sales Tax Extension Committee. 

Table 1 – Tallahassee/Leon County Cultural Plan Review Committee 

Committee Structure Committee Members 

4 – County Commission (at least one must be a representative from a cultural arts Russell Daws 

organization) – To be appointed in a manner to be determined by the County Berneice Cox 

Chucha Barber 

Christopher Heacox 

4 - City Commission (at least one to be a practicing artist) – To be appointed in a Kelly Dozier 

manner to be determined by the City 

Karen Wendland-Dix 

Rebecccah Cantley-Lutz 

Audra Pittman 

1- The Executive Director of KCCI or the Director’s designee Betsy Couch 

1- The Chair of the Board of Governors of Leadership Tallahassee or the Chair’s Bart Wells 

designee 

1 - A graduate of the Tallahassee Active Lifelong Leadership (TALL) program. The Jan Sandley 

TALL representative will be identified by the Director of the Tallahassee Senior 

Center 

1 - The President of the Tallahassee Network of Young Professionals or the 

Bailey Vochastzer 

President’s designee 

1 - The Chair of the Greater Tallahassee Chamber of Commerce or the Chair’s Mayda Williams 

designee 

1 - The Chair of the Capital City Chamber of Commerce or the Chair’s designee Terrence Hinson 

1 - Althemese Barnes, Executive Director of the Riley Center/Museum Althamese Barnes 

1 - The Chair of the Tallahassee/Leon County Economic Development Council or the Jan Sheffield 

Chair’s designee 

1 - The Chair of the Tallahassee Tourist Development Council or the Chair’s designee Marc Bauer 

1 - The Chair of the Council on Culture and the Arts (COCA) or the Chair’s designee Anne Mackenzie 



June 18, 2013 

Page 3 

The Committee has completed its Interim Report (Attachment #1) for the Board of County 

Commissioner’s review and consideration. 

Analysis: 

The Committee’s first meeting was held on December 10, 2012. The Committee divided the 

process to review the 2003 Cultural Plan by breaking into six subcommittees, consistent with the 

six original goals: (1) Education, (2) Economic Development, (3) Education, (4) Facilities, 

(5) Marketing, and (6) Operations. Three Committee members were assigned to each 

subcommittee. More than 70 public meetings have been held to review the 2003 Cultural Plan, 

conduct interviews, read documents, and assess the status of the cultural community and how it 

relates to the current Cultural Plan. The full Committee has met monthly, and the chairpersons of 

each subcommittee met as a group to review findings and conclusions, and to provide comments. 

The Interim Report includes the Committee’s review of the status of the of the 2003 Cultural Plan, 

and provides some general recommendations for moving forward. There are no FY 2013/14 

budget implications. The Committee has not completed their recommendations and anticipates 

providing the final report and recommendations by the end of the calendar year. 

Ms. Kelly Dozier, Committee Chairperson, will present the Interim Report to the Leon County 

Board of County Commissioners during its June 18, 2013 meeting, and to the City of Tallahassee 

Commission during its June 19, 2013 meeting. 

Options: 

1. Accept the Tallahassee/Leon County Cultural Plan Review Committee Interim Report. 

2. Do not accept the Tallahassee/Leon County Cultural Plan Review Committee Interim Report. 



Option #1. 

Attachments: 

1. Cultural Plan Review Committee Interim Report 

2. Cultural Contract Funding 


Executive Summary of the Cultural Plan Review Committee Interim Report – 

June 2013 

After a thorough review of the 2003 Cultural Plan, interviewing many stakeholders of 

the arts, culture and heritage community and assessing the current state of same in our 

community, the Committee recommends updating the current objectives and strategies for the 

Council on Culture and Arts (COCA). Much has changed since the 2003 plan was written. There 

has been a formerly unanticipated economic downturn which has caused government and 

private funding to be dramatically reduced. This has led to many organizations having to 

reduce their staff and find more creative ways to continue to work on their mission with fewer 

resources. In addition, some of the goals of the original plan have proven to be unsupported by 

the community and no longer need to be pursued and other goals which have not had much 

focus are more important now, in light of the new economic reality. 

The committee also recognizes that there are several groups working independently to 

provide new programs and support to the local arts and cultural community. We strongly 

suggest that some of these initiatives be combined in an effort to strengthen resources and 

eliminate duplication of efforts, thus providing stronger support for a united goal – funding and 

promoting the cultural community. 

ECONOMIC DEVELOPMENT 

Attachment #1 

Page 1 of 7 

In an effort to maximize opportunities for Economic Development generated by the arts, 

culture and heritage community we recommend the following: 

1. Work to improve marketing and advertising campaign for promoting 

Tallahassee/Capital Area as a cultural hub 

2. Review the Trolley system/transportation system linkages to further connect the 

cultural districts which have been and are being developed throughout 

Tallahassee 

3. COCA partner with the Greater Tallahassee Chamber of Commerce Entrepreneur 

Program and the Jim Moran Institute to assist locally owned arts, culture and 

heritage businesses get established and grow 

4. Work to collaborate with Secretary of State/Visit Florida in efforts to improve 

Tallahassee/Leon County authentic historical assets such as The Grove, Mission 

San Luis and the DeSoto Encampment site and other heritage and cultural state 

run destinations in our community 

5. Work to collaborate with Visit Tallahassee on other local heritage and cultural 

destinations 

6. Request Visit Tallahassee/COCA combine their events calendar and create a 

mobile user-friendly website as well as an app for smart phone users to easily 

access the information. Information should be presented in a professional and 

attractive format 

7. Visit Tallahassee should market Tallahassee as a “location site” for the film 

industry in cooperation with the FSU Film School, The Film Society, Florida A&M 

Journalism/Film Program, TCC Film Program, the Tallahassee Film Festival and 


EDUCATION 

Attachment #1 

Page 2 of 7 

other film orientated organizations 

8. COCA should work to collaborate with Visit Tallahassee to promote local heritage 

and cultural destinations 

9. COCA should provide annual economic impact reports for arts, culture and 

heritage in our community. 

10. Increase the concept of community arts liaisons including the expansion of the 

existing art liaisons program of the Economic Development Council to include 

leaders of the arts community in an effort to be proactive and look for economic 

development opportunities that may present themselves as a result of cultural 

and heritage events in our community. 

11. Recommend improving the “Artful Questions” and feature artist section of the 

Tallahassee Democrat to provide more in depth stories about arts organizations, 

artists, musicians, COCA board members, etc. 

12. COCA should create a guide or checklist for event or festival planning and hold 

workshops to assist those interested in creating new events or sustaining 

existing events in our community 

The Committee has found that COCA has implemented select arts and heritage 

educational programs and works to further awareness of arts and heritage education 

opportunities in the community. There is continued opportunity for growth in this area, and 

new projects must be considered for implementation. Based on significant research and 

conversations with community members, the Committee feels that awareness of arts and 

heritage educational programs could be significantly furthered in Tallahassee by implementing 

the following within the 2013-2014 fiscal year: 

1) COCA formulate a Youth & Education Advisory Committee that provides new ideas 

and recommendations to Leon County, City of Tallahassee and COCA with an Education Director 

as full-time dedicated COCA staff member to implement ideas and recommendations. 

2) Create a collective registry or location, such as a Facebook page or List serve that 

serves as a conduit between teachers, schools and the business community in order for 

schools/teachers to share needs and businesses to directly respond to assist with these needs, 

managed by COCA’s Education Director. 

3) Coordinate regularly scheduled networking events for art education representatives 

and/or executive directors from cultural/arts/heritage organizations (Cultural Coalition) to 

come together to share ideas, discuss upcoming activities and network. This initiative should 

begin immediately and can function as a venue for cooperation and coordination of the arts, 

culture and heritage community. 

4) Formulate creative business partnerships with organizations which are able to 

provide volunteers to assist in schools art/heritage classes and activities on a regular and 

consistent basis. 

5) Take the lead and work directly with the Superintendent of Schools along with private 

school principals to implement an arts and heritage education mentoring program within the 

schools. 

6) The COCA Education Director should specifically be focused on education initiatives. 

7) Strengthen art and business relationships by creating a pilot “Art at Work” program, 

which has been tried in other communities and has proven to be a successful, comprehensive 


Attachment #1 

Page 3 of 7 

youth program that promotes the arts. Should this program prove successful in our community 

it should be continued. 

FUNDING 

Local government should continue to provide support to those arts, heritage and 

cultural programs that help to make Tallahassee and Leon County a destination, and provide 

year-round educational programming and economic development opportunities. However, 

local government should not be the only funding for these programs. 

. 

Accordingly, the committee also makes the following recommendations: 

FACILITIES 

1) COCA has a unique ability to apply for funding specifically dedicated for community 

arts councils and should be required to seek such public and private funding without 

directly competing with the local organizations it serves. 

a. Hire or appoint a dedicated development officer to obtain grants at the 

federal, state, and private/corporate level to not only support the activities 

of COCA, but to increase the funds available for the entire arts and culture 

community 

b. Design and initiate a targeted marketing campaign, illustrating to the 

community the value of private support to the community – educate the 

public. 

c. Develop a short and long range strategic plan to address current and future 

funding needs, establish goals, and determine strategies to achieve said 

goals. 

2) Continuation of the grants program: 

a. Grants should reward those entities showing key performance skills, 

demonstrating excellence in programming, administration, and leadership. 

b. Applicants should be able to offer quantifiable value, i.e. attendance 

numbers, education to community, etc. and be able to exhibit an “intrinsic 

value received by the community” to COCA as a part of the application. 

3) It is highly recommended that a new community survey be taken to determine the 

level of community support for cultural funding. The survey needs to include 

demographic information, as well as a definition of “cultural life of our community”, and 

would be a good indicator of public support. 

There has been a range of outcomes with respect to the goals that were 

identified for cultural facilities and districts in the 2003 Cultural Plan. While there were 

significant funds set aside and other efforts made regarding two specific cultural facilities, a 

balance was lacking between the efforts to create new facilities and the preservation and 

improvement of existing facilities. In terms of success, Gaines Street and Midtown have both 

made great strides in becoming vibrant cultural districts, and Cascades Park prepares to be an 

exciting recreational, cultural and performance venue. Local government has encouraged 


Attachment #1 

Page 4 of 7 

additional outdoor amphitheater / cultural space with support for events at The Tallahassee 

Museum, Maclay Gardens, Southwood and Goodwood Museum and Gardens and Kleman 

Plaza, among others. Local government has also developed visual arts exhibition space, which 

COCA has managed at City Hall, Leon County Courthouse and Tallahassee Regional Airport. 

The committee recommends that local government continue to support and 

identify exciting recreational, cultural and performance venues. There may be value in having 

local arts organizations more involved in the curating and implementation of local art exhibits in 

public spaces. This might provide COCA with freed resources to promote other strengthening of 

local arts organizations. 

It was determined that there are currently no local government sources of 

funding for local arts, culture and heritage capital improvements, private support for capital 

improvements are also limited. There should be some dedicated capital needs fund for local 

arts organizations. This fund could possibly be drawn from the proposed economic 

development fund of the proposed sales tax extension. Capital needs are defined as building 

improvements, new buildings, and equipment that is attached to a building. 

Some projects were reviewed but local government did not pursue for a variety of valid 

reasons: the “Challenger Stage” at Kleman Plaza, a “Monster Library” on Gaines Street and 

participation with the Department of State regarding a State Archives project and a relationship 

with the RA Gray History Museum. It was determined that the State Archives and the RA Gray 

History Museum was the state’s purview. 

Two facilities received significant attention during the past 10 years – the proposed Arts 

Exchange and the proposed Performing Arts Center. The original concept for the Arts 

Exchange, which COCA created, is not being pursued at this time, but there is potential to meet 

community needs by utilizing elements of this project in new proposals that are currently under 

consideration. One such possibility is the vacant space at the Northwood Centre which is 

currently being considered by several organizations as the answer to their needs. 

The Committee found support for a Performing Arts Center especially among, but not 

limited to, local arts organizations which are performance based. The proposed Performing 

Arts Center is working to obtain a recommendation from the Leon County Sales Tax Committee 

for partial funding. On-going efforts should be made to determine community support and 

answer questions about sustainability of the Center. 

Local government should continue to assist, when possible, cultural organizations that 

have demonstrated current needs for new exhibit space or additional rehearsal and 

performance space. 

There has been significant research by COCA and other entities to determine availability 

and appropriateness of use among properties that might serve the needs of existing cultural 

organizations. This research should be considered as part of the on-going evaluation process. 

MARKETING 

The Marketing element of the 2003 Cultural plan contemplated recommendations that could 

not foresee the dynamic nature of market conditions to come. During the ten year period there 

was a significant reduction is available funding, sweeping changes in the economy, the demise 

of the CVB and subsequent restructuring, personnel changes in many leadership roles and rapid 

advancements in the ways in which marketing messages are delivered and received. 


Attachment #1 

Page 5 of 7 

The following recommendations are summary recommendations with the actual detail 

recommendations to be included in an annual marketing plan which will be developed by COCA 

staff and reviewed and approved by the COCA board and if in existence, a Cultural Plan 

Implementation Committee. Such will be complete with strategies, measurables, deliverables 

and desired outcomes. 

The recommendations are as follows: 

OPERATIONS 

1. Determine cultural, art and heritage strengths, weaknesses opportunities and 

threats via market survey to assist in development of a COCA targeted marketing 

plan 

2. Define the brand. What is or are the collective defining elements of arts, culture 

and heritage in Leon County which if packaged together can define the brand 

3. Cultivate and engage younger generations of arts, culture and heritage 

enthusiasts within the Leon County K-12 as well as higher education with the 

assistance of COCA, the City/County/Visit Tallahassee, the Network of Young 

Professionals and ACCESS Tallahassee or other similar groups. 

4. COCA to develop annual Marketing Plan which will be subject to the review and 

comment of the Cultural Plan Implementation Committee and approval of by 

COCA Board during the annual budget process which clearly outlines and defines 

traditional and social media, advertising, marketing and public relations 

initiatives for the coming year 

5. Enhance current internship program with the colleges and universities to provide 

additional low or no cost resources to COCA and COCA members 

6. COCA to work alongside Visit Tallahassee and other organizations to help identify 

and develop destination defining events which help define the brand and 

spotlight Arts, Culture and Heritage 

7. City and County to continue to identify and support districts with cultural 

components along with consistent and appropriate Wayfinding, parking 

opportunities and transportation links for ease of accessibility to Arts, Culture 

and Heritage entities 

8. COCA will work with Visit Tallahassee and local business, arts organizations and 

hoteliers to package arts, culture and heritage resources wherever possible and 

practical to expand the geographic footprint and reach of the offerings 

In light of funding decreases at the city and county levels, COCA should reevaluate its 

operations to better serve the community. COCA should look at the needs of the community 

and address them in the most efficient way possible. This includes streamlining operations at all 


levels of the organization. 

Priorities: 1. Create a coalition of culture, arts and heritage organizations and individuals 

2. Grant making to community arts organizations, educators, and artists 

3. Promote art in public places 

4. Advocacy for the arts and arts education in the community 

5. Marketing the arts in the community and beyond (cultural tourism) 

COCA should take a larger role in the economic development of the arts in our community. 

Attachment #1 

Page 6 of 7 

Priorities: 

1. Conduct annual economic development surveys (through a partnership with one of the 

colleges and/or universities). 

2. Use the annual economic data to reinforce the importance of the arts, heritage and 

culture in our community with our civic leaders and taxpayers. 

3. Present annual economic data to our local governments to advocate for increased 

funding for our local arts, heritage and culture organizations. 

4. Without competing with community arts organizations, seek additional funding for 

COCA through state, federal, corporate and foundation grants. 

To be most effective in supporting the arts and culture community, COCA should 

continue to recruit seasoned and successful arts, heritage and culture professionals, along with 

tourism, destination enhancement, economic development, promotion and leveraging 

expertise. Administrators and staff should know how to package and utilize our resources in 

order to effectively and holistically market the Tallahassee/Leon County arts community. When 

properly packaged and marketed, the value of arts, heritage and culture to the community will 

have greater potential to attract other funding to supplement that already provided by the city 

and county. 

The COCA Director should be actively involved in community leadership organizations, 

i.e. Tallahassee Chamber, Economic Development Council, Visit Florida, Imagine Tallahassee, 

TDC, and KCCI to promote arts and culture. 

COCA’s board should look at how it can work in the confines of the state statute to provide an 

orderly rotation of board members. The statute offers COCA the ability to keep a board 

member for two four year terms or eight years. This long term served by some board members 

may not provide the organization and staff with the ability to rotate through new board 

members, which would assist the organization in strategic planning, keeping current in the 

community, and with governance issues. COCA should define the selection process, duties and 

responsibilities of Board members to ensure a wide spectrum of expertise. Board members 

should be required to maintain an active role in furthering the goals of the program, including 

establishing fundraising goals. The City of Tallahassee and Leon County should be more 

involved in the vetting/approval process of potential board members brought to them by COCA 

for appointment, within the purview of the state statutes governing COCA. 

COCA should reinstate active standing committees to provide ideas, governance, and assistance 

to staff in the day-to-day operations of the organization. These committees should be made up 

of committee members who are passionate about the subject matter and are willing to work to 


Attachment #1 

Page 7 of 7 

promote the mission. Committee members may be drawn from the community at large 

expanding the reach and the expertise available to draw from within COCA. 

Priorities: 1. Executive Committee 

2. Governance Committee (board governance, nominating) 

3. Programming and Education Committee 

4. Audit and Finance Committee 

5. Development Committee (grant program, philanthropy) 

6. Marketing and Cultural Tourism Committee 

The COCA Board should continue to periodically evaluate the affordability of their office space. 

While it is recommended that cultural organizations provide feedback to COCA regarding the 

annual grant program, to provide transparency to the public and avoid the perception of a 

conflict of interest, staff and board members of cultural organizations should be nonparticipants 

on any committee where actions taken can directly affect said cultural 

organizations financially. 

In reviewing other community arts councils, the Committee found that salary structures and job 

descriptions at COCA are not in line with other communities and should be re-evaluated to 

better reflect the economy in Tallahassee and indicative of the job description/workload of the 

positions. 

CONCLUSION 

There is a need to look at both the short term and long term objectives of our cultural 

community. Committee members recognize that the timing of these findings is driven by the 

current local government budget cycle. The Committee believes that the evaluation and 

resulting recommendation process has only begun and should continue with active 

participation. There have been many changes since the current plan was adopted, 

demonstrating the need for review and updates of any new plan, on a more frequent basis. To 

that end, the Committee recommends the reinstatement of a Cultural Plan Implementation 

Committee through the current Cultural Plan Review Committee. This committee should 

consist of the Committee Chair, Subcommittee Chairs and any other Committee members who 

wish to continue to work on the cultural plan. 


Summary of Cultural Contract Funding 

Administrative Funding 

Fiscal Operational 

Year/Notes Support Grant Cultural Plan Sub Total Admin. 

1993-1999 (1) 196,000 

- 

196,000 

2000 28,000 17,000 

45,000 

2001 (2) 28,000 17,000 

45,000 

2002 33,000 17,000 

50,000 

2003 33,000 17,000 

50,000 

2004 33,000 17,000 75,000 

125,000 

2005 (3) 165,000 

165,000 

2006 165,000 

165,000 

2007 156,750 

156,750 

2008 (4) 156,750 

156,750 

2009 150,000 

150,000 

2010 150,000 

150,000 

2011 150,000 

150,000 

2012 150,000 

150,000 

Total 1,594,500 85,000 75,000 1,754,500 

Since 2003 

only 1,309,500 

34,000 

75,000 

1,418,500 

County Regranting 

- 

- 

125,000 

145,000 

147,000 

147,000 

407,000 

407,000 

501,600 

501,600 

504,000 

504,500 

504,500 

504,500 

4,398,700 

4,128,700 

Notes: 

1. Shows combined operational support funding for seven years at $28,000 per year 

2. Operational Support and Grant Administration Funding combined in one agreement 

3. For FY 2005, COCA's funding for operation support, grant program admnistration and Cultural Plan 

implementation was combined into one single distribution of $165,000 

4. Grant funding shifted to Tourist Development Fund 

Source: Management Review: Council on Culture and Arts, Table 4 

Attachment #2 

Page 1 of 1 

Total Cultural 

Support Funding 

196,000 

45,000 

170,000 

195,000 

197,000 

272,000 

572,000 

572,000 

658,350 

658,350 

654,000 

654,500 

654,500 

654,500 

6,153,200 

5,547,200 


Leon County 




To: 

Leon County 



June 18, 2013 



Title: Acceptance of a Status Report on Capital Cuisine Restaurant Week and 

Concert Series 



Department/ 


Lead Staff/ 

Project Team: 



Ken Morris, Director of Economic Development & Business 

Partnerships 

Lee Daniel, Director of the Division of Tourism Development 


This status report has no fiscal impact to the County. All County funds expended were 

anticipated in the Division of Tourism Development’s FY 2013 advertising and public relations 

budget. 


Option # 1: Accept the Capital Cuisine Restaurant Week and Concert Series status report. 


Title: Acceptance of a Status Report on Capital Cuisine Restaurant Week and Concert Series 

June 18, 2013 

Page 2 


Background: 

In April 2012, staff introduced a marketing concept entitled Capital Cuisine Restaurant Week 

(Restaurant Week) that was patterned after other successful events nationally and in Florida. 

National research studies have demonstrated that people make travel decisions on where to visit 

based on culinary experiences available in that destination. Restaurant Week was designed to 

promote the many fine Leon County dining establishments to both residents and potential 

visitors with a goal of drawing increased visitation during a month that is traditionally not strong 

for travel. The County partnered with the Florida Restaurant & Lodging Association (FRLA) to 

generate interest and attract restaurants to participate. The initial Restaurant Week in 2012 drew 

22 local establishments that offered specially priced pre-fixed menus during lunch and/or dinner. 

Immediately following the first Restaurant Week, staff conducted a survey of the 22 participating 

restaurants to measure the success and determine if the establishments would be interested in 

participating in 2013. The restaurants responding to the survey were supportive of continuing 

the program and recommended having the event in May 2013, after the adjournment of the 

Florida Legislature, Mother’s Day, and the universities’ graduation ceremonies. While not 

totally driven by Restaurant Week, hotel occupancy in May 2012 increased by 5.9% over 

May 2011, providing another reason to continue the event for a second year and to try to grow in 

both recognition and visitation. 

Analysis: 

A total of 38 restaurants participated in the 2013 Capital Cuisine Restaurant Week & Concert 

Series, an increase of 73%. The name change was the result of a staff-driven concept to 

incorporate music throughout the second festival that ran from May 16-28, 2013. Again, FRLA 

agreed to partner in Restaurant Week and helped secure additional support from VISIT 

FLORIDA, Cone Distributing, Inc., the Tallahassee Democrat, ABC-27, radio station 94.9 TNT, 

and others. A budget was developed to allow the scheduling of five concerts with 14 different 

songwriters and bands performing at various venues around the county including Midtown, 

downtown, and northeast Leon County. The grand finale was a concert on May 26 th with three 

local bands performing on Adams Street and three national groups performing on Kleman Plaza, 

headlined by two-time Academy of Country Music’s Vocal Duo of the Year, Thompson Square. 

The Tallahassee Police Department estimated that 8,000 fans attended this event. 

FRLA conducted the local marketing program and the Division of Tourism Development had an 

extensive marketing campaign that included a four-page newspaper insert in 12-drive markets, 

radio spots and promotions in Pensacola, Panama City, Ocala, Dothan, Alabama and Valdosta, 

Georgia. Tourism Development, FRLA, and others conducted extensive social media campaigns 

to compliment the editorial coverage and television and radio spots. All funds expended by the 

Division of Tourism Development came from the FY 2013 advertising and public relations 

budget. 


Title: Acceptance of a Status Report on Capital Cuisine Restaurant Week and Concert Series 

June 18, 2013 

Page 3 

As of the date of this writing, staff has not received the report from Smith Travel Research on 

hotel occupancy for May 2013. This report is usually received around the 18 th of each month. 

Staff is also in the process of surveying the 38 participating restaurants to gauge their evaluation 

of the program and identify potential enhancements for 2014. 

Options: 

1. Accept the Capital Cuisine Restaurant Week & Concert Series status report. 

2. Do not accept the Capital Cuisine Restaurant Week & Concert Series status report. 



Option # 1. 

Attachment: 

1. List of participating restaurants and sample menus 

VSL/KM/LD 


Second Annual Capital Cuisine Restaurant Week 

and Concert Series 

38 Local Participating Restaurants 

___________________________________ 

One-O-One 

A La Provence 

Andrew’s Capital Grill 

Andrew’s 228 

Backwoods Bistro 

Chicken Salad Chick 

Cypress Restaurant 

Fanny’s Café 

Far East Cuisine 

Georgio’s Fine Food & Spirits 

Grazie’s Pizza & Pasta 

Harry’s Seafood Bar & Grill 

Hurricane Grill & Wings 

Jacob’s on the Plaza 

Jasmine Café 

Juicy Blue Tapas Bar & Bistro 

Kitcho Japanese Restaurant 

Kool Beanz Café 

LeRoc Bistro 

Los Amigos Mexican Restaurant 

Luna’s Italian Food 

Marco’s Pizza 

Miccosukee Root Cellar 

Midtown Pass 

Milano Pizzeria 

DELICIOUS TASTES 

Mom & Dad’s Italian Restaurant 

Morelia’s Restaurant & Grill 

Paisley Café 

Po’ Boys Creole Café 

Shula’s 347 Grill 

The Front Porch 

The Melting Pot 

The Mockingbird 

The Whip Waterfront Pub ‘N Grub 

Trail Break Café 

Up In Smoke Pit Bar-B-Q 

Village Pizza & Pasta 

Wxyz Lounge at Aloft 

Attachment #1 

Page 1 of 5 



Dinner Prix Fixe Menu 

First Course (Choose One): 

Escargot 

Calamari 

Wild Green Salad 

Caesar Salad 

Soup du Jour 

Lobster Bisque 

Second Course (Choose One): 

Rainbow Trout Potato Puree and Farmers Market Vegetables 

Grilled Salmon with Rice and Haricot Verts 

Petite New York Strip 

Chicken Picatta with Potato Puree & Sauté Vegetables 

Third Course (Choose One): 

Crème Brulee 

Chocolate Mousse 

Price: $30 

Attachment #1 

Page 2 of 5 

Tweet and share photos of your dining experience using #TallyCusine on Twitter and Instagram. 


TDC-826.indd 25 5/8/13 3:30 PM



First Course (choose one): 

Chopped Salad - Fresh chopped lettuce, cucumber, tomato, red onion, carrots, 

scallions, gorgonzola vinaigrette, sherry/shallot vinaigrette 

Caesar Salad - Maitre d’ Hans-style (Andrew’s Dad) 

Soup of the Day 

Second Course (choose one): 

Pesto Shrimp Alfredo - Fresh Gulf shrimp, crispy black mushrooms, 

asparagus, walnut pesto, pecorino cream sauce 

Herb Roasted Salmon - Shallot thyme Bradley’s grits, fried green tomato, 

garlic bok choy, smoed mushroom tomato cream, shiitake bacon 

Chicken Marsala - Crispy crimini mushrooms, spinach, fontina, 

asparagus risotto, sweet marsala butter sauce 

Penne ala Vodka - Black Angus tenderloin, 

creamy tomato & pepper vodka sauce, parmigiano-reggiano 

Eggplant Scallopini - fried eggplant, spinach, fresh mozzarella, linguini, marinara 

Third Course (choose one): 

White Chocolate Bread Pudding 

Homemade Brownie 

Both served with homemade Ice Cream 

Price: $30 

Attachment #1 

Page 3 of 5 



TDC-826.indd 17 5/2/13 3:34 PM



First Course (choose one): 

Garlic Parmesan Fries 

Wood Smoked Fish Dip with Mahi-Mahi & Wahoo 

Second Course (choose two): 

Caribbean Grill Chicken 

Mahi Fish Tacos 

Southwest Ranch Burger 

Honey Pecan Chicken Salad 

Third Course (choose one): 

Key Lime Pie 

Chocolate Cheesecake 

Price: $30 

Attachment #1 

Page 4 of 5 



TDC-826.indd 10 5/2/13 3:34 PM



First Course (Choose One): 

Cypress Oysters & Biscuits - Sherried Cream Sauce, Leeks, Applewood 

Smoked Bacon, Snipped Chives, Red Tomato Concassé 

Fried Eggplant “Bruschetta” - Tomatoes, Fresh Mozzarella, 

Arugula, Pesto-Olive Vinaigrette 

Second Course (Choose One): 

Beef Tenderloin Tips & Fettuccine - Garlic Cream Sauce, 

Local Spring Vegetables 

Florida Shrimp & Grits - Country Ham, Tomatoes, Carrots, Shiitakes, 

Bourbon-Orange-Thyme Jus, Anson Mills Heirloom Grits 

Third Course (Choose One): 

Flourless Chocolate Cake - Topped with Warm Chocolate Ganache and 

Madagascar Vanilla-Infused Cognac Ice Cream 

Southern Pecan Pie Turnover - Crispy Phyllo Wrapped Pecan Pie Filling 

with Maker’s Mark-Vanilla Glaze and Cane Syrup Ice Cream 

Price: $30 

Attachment #1 

Page 5 of 5 

Tweet and share photos of your dining experience using #TallyCuisine on Twitter and Instagram. 


Leon County 




To: 

Leon County 



June 18, 2013 



Title: Acceptance of the 2013 Florida Legislative Session Final Report, Request to 

Schedule the Board Workshop on the 2014 State and Federal Legislative 

Priorities for Tuesday, December 10, 2013 from 1:30 – 3:00 p.m., and 

Authorization to Extend the Federal and State Lobbying Contracts 



Department/ 


Lead Staff/ 

Project Team: 



Ken Morris, Director of Economic Development and Business 

Partnerships 

Cristina L. Paredes, Intergovernmental Affairs and Special Projects 

Coordinator 


This item recommends the extension of Patton Bogg’s federal lobbying contract for one 

additional two-year period, at $100,000 per year, and the extension of Capital Alliance Group’s 

state lobbying contract for one additional two-year period, at $40,000 per year. The final 

legislative report includes legislation that may have an immediate and/or future impact on the 

County budget. Staff is working to identify any legislative impacts in anticipation of the July 

budget workshops. 


Option #1: Accept the 2013 Legislative Session Final Report. 

Option #2: Schedule the Board Workshop on the 2014 State and Federal Legislative Priorities 

for Tuesday, December 10, 2013 from 1:30 – 3:00 p.m. 

Option #3: Authorize the County Administrator to extend the Patton Boggs’ federal lobbying 

contract for one additional two-year period or until December 31, 2015. 

Option #4: Authorize the County Administrator to extend the Capitol Alliance Group’s state 

lobbying contract for one additional two-year period or until September 30, 2015. 

Option #5: Designate a Commissioner to host the Community Legislative Dialogue meetings 

for the 2014 Session. 


Title: Acceptance of the 2013 Florida Legislative Session Final Report, Request to Schedule the 

Board Workshop on the 2014 State and Federal Legislative Priorities for Tuesday, December 10, 

2013 from 1:30 – 3:00 p.m., and Authorization to Extend the Federal and State Lobbying 

Contracts 

June 18, 2013 

Page 2 


Background: 

At the 2013 State and Federal Legislative Priorities Workshop held on October 23, 2012, staff 

presented oral and written reports to the Board proposing five appropriation requests and eight 

policy statements for the 2013 state and federal legislative sessions (Attachment #1). For the 

fifth consecutive year, Community Budget Issue Requests were not accepted. However, the 

County’s contract lobbying teams continued to pursue funding at the state and federal levels for 

the projects approved by the Board during the workshop. The appropriation requests approved 

by the Board were as follows: 

• Capital Circle Southwest Construction $8.0 million 

• Woodville Highway Design $4.2 million 

• Woodville Sewer Design $500,000 

• America’s First Christmas $250,000 

During the February 12, 2013 meeting, the Board amended the federal appropriation requests. 

The Board directed staff to include dental health care funding, specifically the Bond Smile 

Connection program, in the amount of $600,000 to the Board’s federal legislation priorities. 

This addition was subsequently shared with Patton Boggs and discussed with the Leon County 

Delegation during the NACO Legislation Conference. 

Additionally at the October Workshop, the Board discussed substantive policy issues that were 

expected to be considered during the 2013 legislative session. Most of the broader substantive 

issues affecting local governments are coordinated through the Florida Association of Counties 

(FAC), such as legislation that shifts state costs to the counties and protects county home rule 

authority. However, staff presented eight substantive issues at the October 23 rd workshop, 

specific to Leon County, that were approved by the Board: 

1. Advocate for the protection of state workforce. 

2. Support state inspection of equipment at internet cafes while maintaining the County’s 

home rule authority. 

3. Support legislation that is revenue neutral concerning the Communication Service Tax 

(CST) which simplifies the administration and collection of CST, enhances its stability 

and reliability as an important revenue source for local government. 

4. Support the proposed land exchange application that will allow for the relocation of the 

Arendell Road access point to Thornton Road. 

5. Support amending Chapter 916 of Florida Statues in order to expand the communitybased 

competency training for any defendant found incompetent and may not meet 

criteria for an in-patient forensic program. 

6. Support Florida State University (FSU) in their efforts to repeal the Tallahassee-Leon 

County Civic Center Authority and transfer management of the Civic Center to FSU. 

7. Support the Florida Economic Development Council’s efforts to enhance GrowFL and 

expand the eligibility requirements of the program. 

8. Support the Florida Association of Counties’ 2013 legislative efforts. 



Board Workshop on the 2014 State and Federal Legislative Priorities for Tuesday, 

December 10, 2013 from 1:30 – 3:00 p.m., and Authorization to Extend the Federal and State 

Lobbying Contracts 

June 18, 2013 

Page 3 

During the October workshop, the Board once again designated Commissioner Desloge, given 

his role as FAC president, to work with staff to host the ‘Community Legislative Dialogue’ 

meetings. This year was the third year that these meetings were held in order to coordinate with 

community partners and local organizations to identify shared interests in advance of the 

legislative session. A total of three meetings were held before session, in the middle of session, 

and at the end of session. All meetings were well attended and the participants agreed that it was 

helpful to hear the priorities of other community partners. Representatives from across the 

community participated in this legislative dialogue, including representatives from the Florida 

State University, Florida A&M, Tallahassee Community College, Tallahassee Memorial 

Hospital, the Sheriff’s office, Tallahassee Democrat, the Greater Tallahassee Chamber of 

Commerce, Talquin Electric, the Tax Collector’s office and more. In addition, members or staff 

from the Leon County Legislative Delegation, as well as the City of Tallahassee, also attended. 

The group collectively decided to follow six priorities for the community and work together to 

monitor throughout session. These priorities included the following: America’s First Christmas 

appropriations; Civic Center legislation; support for the state workforce, specifically asking for 

an increase in salary; Communications Service Tax and PECO funding legislation; Medicaid 

legislation; and economic development issues, specifically supporting economic gardening 

legislation. 

In early April county leaders from across the state converged on the state Capitol to participate in 

the Florida Association of Counties’ (FAC) Legislative Day. This Legislative Day provided a 

unique forum for FAC staff to discuss the top legislative issues with county and legislative 

leaders. FAC President and Leon County Commissioner, Bryan Desloge, began the day-long 

event by welcoming county leaders for a morning briefing, which included guest speakers from 

the executive and legislative branches. The Speaker pro tempore, Marti Coley, briefly 

summarized the progress of the Legislature and highlighted a few pieces of legislation. 

Following the guest speaker, FAC staff touched on a variety of issues, including county 

Medicaid contributions, the Communications Services Tax, and the Florida Retirement System. 

FAC attendees also had the opportunity to speak with a panel of agency directors, including State 

Surgeon General John Armstrong, Department of Juvenile Justice Deputy Secretary Christy 

Daly, Agency for Healthcare Administration Secretary Elizabeth Dudek, and Department of 

Children and Families Secretary David Wilkin. Visiting county commissioners used the rest of 

the day to attend FAC training seminars and continue to meet with legislative leaders to advocate 

their county priorities. 

The County’s legislative platform, as ratified by the Board on November 13, 2012, was used to 

guide staff and the contract lobbying teams’ legislative activities on behalf of the Board. The 

regular session began on Tuesday, March 5, 2013 and ended on Friday, May 3, 2013. 

Throughout the legislative session, staff worked with the County’s legislative partners to lobby 

for the Board’s priority issues, as well as address anticipated and unexpected statewide issues in 

order to protect and enhance the County’s interests. These issues were presented to the Board 

and to senior County staff on a weekly basis through the Capitol Update memorandum. In 

addition, staff presented agenda items, resolutions, memorandums, and “call-to-action” e-mails 

for the Board throughout the year on important legislative issues. 

Finally, staff presents a final report to the Board that summarizes significant legislative activity 

at the end of each legislative cycle. In addition, Page 363 this of 631 year County Attorney’s Posted at 6:15 Office p.m. on provided June 10, 2013 

the





June 18, 2013 

Page 4 

Board with general overview of the bills that passed during the 2013 session that could impact 

local government, including Leon County (Attachment #2). The following is the Final Report on 

the 2013 State Legislative Session. 

Analysis: 

At the beginning of the 2013 session, Senate President Don Gaetz and House Speaker Will 

Weatherford pursued a single legislative agenda, named “Work Plan Florida.” This agenda 

included reforms to the Florida Retirement System (FRS) pension plans, campaign finance, 

higher education, elections, and ethics. As a statement to the importance of these issues, the 

Senate unanimously passed a comprehensive ethics reform bill on the first day of session while 

the House overwhelmingly passed a bill, which included major changes to Florida’s elections 

laws. One of House Speaker Weatherford’s top priorities for this session was reforming the 

Florida Retirement System (FRS), although the House and Senate had two very different ideas 

on how the FRS should be reformed. Ultimately, both chambers could not reach an agreement 

and both versions died in the closing weeks of session. 

Another major issue this session was legislation regarding internet cafés or ‘storefront casinos’. 

During the second week of session, Lieutenant Governor Jennifer Carroll resigned her post amid 

an investigation into Allied Veterans of the World for which she once did consulting work. 

Prosecutors had stated that Allied Veterans had participated in a $300 million conspiracy to 

launder money through illegal gambling centers under the guise of internet cafés. This 

investigation and resignation gave fuel to internet café legislation and both chambers quickly 

passed a bill in early April that outright bans the usage of electronic gambling devices, 

effectively closing all internet cafés or forcing them to change their business practices. The bill 

was quickly signed into law by the Governor and took effect upon becoming law on 

April 10, 2013. 

Unlike the recent years, the Legislature projected a small surplus budget for FY 2013/2014, with 

an estimated increase in revenues of $1.3 billion. During the third week of session, Speaker 

Weatherford announced the preliminary House budget allocations and the House began work on 

the budget much earlier than in past sessions. By the sixth week of session, both chambers had 

passed their respective budgets. Ultimately, both were sent to joint-conference where the House 

and Senate came to an agreement during the last week of session and approved the budget on the 

final day of session. This year’s budget process was less contentious than in previous years, with 

both chambers working together to produce a cohesive budget. This is due in part to the budget 

surplus, the first in six years. 

This year’s state budget totals $74.1 billion, after more than $367.9 million in spending vetoed 

by the Governor. Overall, the state's FY 2014 budget represents an increase of $4.9 billion, or 

7.12 percent, over the current year. Budget issues affecting counties are explained in more detail 

under the Statewide County Budget Issues section on page 19. 






June 18, 2013 

Page 5 

County staff worked with FAC to determine the fiscal impacts of legislation considered by the 

Legislature and routinely provided this information to the Board, the Leon County Legislative 

Delegation, and legislative leaders. As part of the normal legislative process, staff utilizes the 

priorities identified by the Board prior to and during the legislative session to develop a strategic 

action plan with the County’s legislative partners (FAC, members of the Leon County 

Legislative Delegation, County’s contract lobbyists, and our community partners) to prepare 

legislative strategies for these important County issues. A more detailed account of the Capitol 

Alliance Group’s efforts is provided in its final report on state legislative activities 

(Attachment #3). 

LEON COUNTY KEY APPROPRIATIONS ISSUES: 

Prior to the legislative session, the Legislature notified the public that it would not open the 

Community Budget Issue Request (CBIR) system to consider appropriation requests. 

The Legislature provided this notification to avoid creating unrealistic funding expectations for 

community projects. However, similar to the current trend in the federal budget process, a 

greater emphasis has been placed on grant programs through the executive branch and 

coordinating through state agencies for long-term infrastructure needs. The following table 

illustrates projects that the state budget will fund in Leon County. 

Project Descriptions 

Historical and Cultural Tourism Projects 

Type of Work Allocations 

Mission San Luis Maintenance Repairs $100,000 

The Grove: Collins Historical Governor’s Mansion Maintenance Repairs $250,000 

Desoto Winter Encampment: First Christmas Site 

Transportation and Infrastructure Projects 

Maintenance Repairs $200,000 

SR 20 Over Gum Creek Bridge Bridge Replacement $1,958,900 

US 90 from Ocala Road To US 27 Monroe Street Resurfacing $3,073,465 

Orange Ave From S Lake Bradford to South Monroe St. Resurfacing $1,575,988 

US 319 From Live Oak Plantation to Woodbine Drive Resurfacing $2,333,302 

I-10 from US 90 to Jefferson County Line Resurfacing $7,993,390 

I-10 Interchange Studies at SR 263 & SR 61 (US 319) PD&E $2,000,000 

Capital Circle NW from US 90 to I-10 Local Gov’t Reimbursement $2,511,433 

Total $21,996,478 

Historical and Cultural Tourism Projects 

Leon County saw gains in this year’s state budget, including funding for historical and cultural 

tourism projects in Leon County. The Department of State’s budget includes line item funding 

for Mission San Luis, The Grove, and the Desoto Winter Encampment site. The budget 

allocated $100,000 for facilities and maintenance repairs at Mission Luis and $250,000 to 

renovate the Collins historical Governor’s mansion at The Grove, located just between Midtown 

and Downtown. The Department of State budget also includes $200,000 for historic property 

maintenance, which could go towards developing the DeSoto Winter Encampment site, a 

legislative priority of the Board. The House budget had included $500,000 in the historic 

property maintenance item for the site access while the Senate recommended $200,000, which 

was the final number agreed upon by the two chambers. The City's request for $540,000 for 

property acquisition to provide enhanced access to the site was not included in the budget. 






June 18, 2013 

Page 6 

Transportation and Infrastructure Projects 

In addition to funding for historical and cultural projects, Leon County received funding for 

transportation infrastructure projects as reflected in the above table. Allocations included 

funding for the bridge replacement for Gum Creek Bridge on Highway 20. Resurfacing funding 

was also appropriated to several roadways throughout the County including Tennessee Street 

from Ocala Road to Monroe Street, Orange Avenue, US 319, and I-10 from Mahan to the 

Jefferson county line. Funding was also included for an I-10 Interchange study at State Road 

263 and 61. In addition, funding was included for the reimbursement of improvements to 

Capital Circle Northwest from Tennessee Street to I-10 in the amount of $2.5 million. 

Woodville Highway 

In 2012, Woodville Highway was appropriated $1.3 million for a PD&E study from Paul Russell 

Road to Capital Circle. The CRTPA has completed the Woodville Corridor Study Master Plan 

that produced a combined land use and transportation plan for the future build out of the 

Woodville Corridor. Two years ago, the Board amended its Agreement with FDOT for a PD&E 

study of Woodville Highway, from Gaile Avenue to Capital Circle, to extend north to Paul 

Russell Road. Several reasons for the extension include adding sidewalks, designing pedestrian 

crossings, and addressing any potential for redevelopment of the Leon County Fairgrounds, 

which would have a significant impact on future traffic patterns. Staff continues to work with 

Patton Boggs to secure federal funding for the design phase, which is estimated to cost $4.2 

million. In addition, this project has been presented to the Leon County Sales Tax Committee by 

the County for their consideration to fund the right-of-way and construction for this vital road 

network, which serves as an evacuation route from the coast. 

Woodville Sewer 

In 2007, the County was appropriated $250,000 for the construction of sewer in the Woodville 

area. The County’s initial funding request was for a PD&E study to provide sewer service to 

approximately 1,432 homes or properties located in the Woodville area. On June 12, 2008, an 

agreement was executed with the Florida Department of Environmental Protection (DEP) that 

was anticipated to run through December 31, 2013, to provide the County the opportunity to 

work with area partners, including the City of Tallahassee and Wakulla County, to identify 

potential projects for the appropriated funds. However, on March 7, 2011, staff was notified by 

DEP that the Governor had directed that all appropriated funds that had not been expended be 

reverted to the agency. As part of the October 23, 2012 workshop on legislative priorities, the 

Board agreed to ask for $500,000 to design the Woodville Sewer System. This request was not 

included in the state budget. In addition, this project has been presented to the Leon County 

Sales Tax Committee by the County for their consideration. 

Smile Connection 

As mentioned previously, during the February 12, 2013 meeting the Board directed staff to 

include dental health care funding, specifically the Bond Smile Connection program, in the 

amount of $600,000 to the Board’s federal legislation priorities. This addition was subsequently 

shared with Patton Boggs and discussed with the Leon County Delegation during the NACO 

Legislation Conference. Staff continues to work with Patton Boggs to secure federal funding for 

this priority. 






June 18, 2013 

Page 7 

LEON COUNTY KEY SUBSTANTIVE ISSUES: 

This section summarizes the substantive issues identified by the Board during its annual 

workshop and beyond. 

Protection of the State Workforce 

A top priority of the Board was the protection of state workers. Each year, the Board directs 

staff to monitor issues relating to the state workforce since they comprise a substantial 

percentage of Leon County’s population and contribute to the local community, economy, and 

diversity. The Board, the City of Tallahassee, the Greater Tallahassee Chamber of Commerce, 

the Big Bend Minority Chamber of Commerce, and other community partners wrote letters and 

worked together to show the Legislature their support for pay increases for state workers. 

Attachment #4 is the resolution passed by the Board on March 12, 2013 supporting pay raisers 

for all state workers and was subsequently sent to the Governor, Senate President, and Speaker 

of the House. 

After much debate, the final budget included an increase in state employee salaries, though it 

also eliminates nearly 3,400 positions throughout the state. Florida employs 5.2 workers for 

every 1,000 residents, the lowest number of state workers per capita in the country. On 

October 1, 2013, state workers earning less than $40,000 a year will receive a $1,400 raise and 

those who earn more than $40,000 will receive a $1,000 raise. In addition, merit based bonuses 

of up to $600 will be given to 35 percent of the state employees. Law enforcement officers will 

also see an increase in pay during the next fiscal year beginning on July 1, 2013. A five percent 

increase will be given to those law enforcement officers with five years or more experience and a 

three percent increase will go to those with five years or less. Teachers will also see a salary 

increase in this year’s budget. Each school district will receive a share of $480 million for 

school employee raises. The Tallahassee Chamber of Commerce estimates that the state 

employee raises will result in a $22 million dollar economic impact for the Leon County 

community. 

In addition, the FY 2014 state budget did not increase state employee health insurance premiums, 

which remain at $50 per month for individual coverage and $180 per month for family coverage 

for most employees. 

Florida Retirement System: 

One of House Speaker Will Weatherford’s top priorities is reforming the Florida Retirement 

System (FRS). The Speaker has stated repeatedly that the current retirement system is not 

sustainable and that the time has come for pension reform. FRS is the primary retirement plan 

for public servant employees, 80% of which are county government agencies, district school 

boards, community colleges, and universities. Legislation (HB 7011) filed prior to the start of 

the legislative session proposed sweeping changes to FRS, including closing the defined benefit 

enrollment option as of January 1, 2014 to new employees and requires them to join the 

investment plan. HB 7011 did not impact the ability of any current FRS enrollee to select 

participation in the pension plan or the investment plan. On Sunday, March 3, 2013 Chairman 

Maddox published a 'My View' article in the Democrat, stating Leon County's opposition to the 

proposed reform of FRS in HB 7011 (Attachment #5). 






June 18, 2013 

Page 8 

Speaker Weatherford claimed that the reforms found in HB 7011 are needed because the FRS is 

not fully funded. However, the adjacent graph illustrates the historical actuarial funding liability 

of FRS since it was implemented. The system exceeded 100% for 10 years, which resulted in 

employer cost-savings – for both Leon 

County and the State of Florida. The funding 

liability stayed over 100% until 2009 when it 

fell as a result of the Great Recession. 

Currently, the funding liability is at 86.9% 

and FRS is considered one of the most 

financially sound retirement systems in the 

country. The House commissioned an 

actuarial study that claimed that if HB 7011 

passed, governments would save $12.9 

million in 2015/2016. Nevertheless, there was some concern about funding for those currently 

collecting a pension if future contributions are shifted to the investment plan. The ability to pay 

future liabilities depends in large part on investment returns. Many representatives of FRS 

employees and the employees themselves voiced their opposition to the bill. The House passed 

its version of FRS reform early in session and sent it to the Senate for their consideration. 

While the House proposed legislation that eliminated the pension plan for all future state 

employees, the Senate did not agree with this approach. Prior to the start of session, Senator 

Simpson filed SB 1392, which left the FRS pension program open to public employees, except 

senior management and elected officials. The bill also would have increased the vesting period 

for the pension plan from eight to ten years for employees hired after January 1, 2014. 

Additionally, all employees who opt for the FRS investment plan would only pay two percent of 

their salary toward FRS; currently all employees contribute three percent regardless of which 

plan they are enrolled in. Senator Simpson believed that this bill gave people options and 

represented a more cautious approach to securing the future of the retirement system. In 

referencing the possible closure of the pension plan to new employees, Senator Ring stated, “I 

wonder if we’re making an issue out of something that’s not an issue.” During committee debate 

on FRS reform, Senator Montford stressed the fact that the Legislature should not be constantly 

changing the state retirement system. SB 1392 passed out of all its committees of reference. 

During the last two weeks of session, the Senate temporarily postponed SB 1392 several times 

while Senator Simpson negotiated with Speaker Weatherford on a compromise. The Senate 

ultimately did not take a floor vote on this legislation and it died. Due to the fact that FRS 

reform is such a high priority of the Speaker, staff anticipates that similar legislation will be filed 

next year. FAC plans to hold substantive conversations at both the Policy and Legislative 

Conferences to formulate a position going forward on any such reforms. 






June 18, 2013 

Page 9 

Support the Regulation of Internet Cafés Equipment 

As mentioned previously, legislation on the banning of electronic gambling devices was quickly 

approved and signed into law this year. One of Leon County’s top legislative priorities for the 

2013 session was supporting legislation that would maintain the County’s home rule authority 

over simulated gambling facilities, known as internet cafes. The operation and impact these 

internet cafés have on communities have raised concerns about their legality. Last year the 

House tried to outright ban internet cafés whereas the Senate discussed legislation that would 

regulate these cafés, specifically the gaming devices. 

With the investigation of the Allied Veterans' operation of internet cafes and the resignation of 

Lt. Governor Jennifer Carroll, legislation prohibiting the usage of electronic gambling devices 

and effectively banning internet cafes, quickly passed both the House and Senate Chambers. 

Governor Rick Scott signed HB 155 into law on Wednesday, April 10th, which immediately 

went into effect upon becoming law. HB 155 preempts Leon County’s home rule authority since 

it restricts the ability to regulate internet cafes by banning the usage of electronic gambling 

devices. The new law forces these “storefront casinos” to either close their doors or change their 

business operations. 

Two years ago, the Board adopted an ordinance that regulated internet cafes, specifically the 

location and operation of the facilities. At the time of the ordinance being passed, there were 

29 cafés operating in Leon County. In 2012, the County issued 15 Simulated Gambling Facility 

Permits. On March 12, 2013, two locations were forced to close and one closed voluntarily as a 

result of the Allied Veterans investigation. The 12 remaining permits have been revoked per 

Governor Scott signing HB 155. 

Communication Services Tax 

One of the County's 2013 legislative priorities was to support efforts to reform the 

Communications Services Tax (CST), which died in committee this session. The CST is a tax on 

the retail sales of communications services, which include voice, data, audio, video, and any 

other information including cable (video) services. Internet access, as defined by the Internet 

Tax Freedom Act, email services, and prepaid calling arrangements (cards and cellphones) are 

not included and account for approximately 25% to 40% of all wireless phones. The proceeds 

from the tax are transferred to county and municipal governments, the Public Education Capital 

Outlay and Debt Service Trust Fund, and the state’s General Revenue Fund. 

The Board agreed to support CST legislation that was revenue neutral, simplifies administration 

and collection of the tax, enhances the reliability of the CST as a revenue source, and provides 

for market-based growth. Since CST revenue funds the Public Education Capital Outlay 

program, the CST is also an issue for the County’s community partners like Leon County 

Schools, Florida State University, Florida A&M University, and Tallahassee Community 

College. 






June 18, 2013 

Page 10 

Last year, the Legislature created the CST Workgroup to propose solutions to the problems 

associated with the CST. The Workgroup recommended that the best approach in addressing 

CST issues would be a holistic replacement of the CST by repealing the tax and bringing all 

communications services under an increased sales and use tax. According to the Workgroup, 

this option would modernize the current tax structure, streamline the administrative system, and 

remove competitive advantages without reducing local government revenues. The Department 

of Revenue (DOR) estimated that the state sales tax rate would need to be adjusted from 

6 percent to 6.34 percent under the CST Workgroup's proposal in order to offset the repeal of the 

current CST structure. Despite the proposal being revenue neutral, legislators were resistive to 

the idea of raising the state sales tax citing that it would hurt retailers. Legislation that included 

the Workgroup’s recommendation was not filed in either chamber, though several bills did 

address issues related to the CST. 

HB 303, sponsored by Representative Grant, would have impinged on the County’s home rule 

authority by repealing the authority of local governments to levy the CST and repealing existing 

authority of local governments to collect permit fees from providers of communications services 

that use or occupy municipal or county roads or rights of way. HB 303 would have also revised 

the state CST rate on sales of communications services to a uniform 10.65 percent. Neither 

HB 303 nor its companion bill, SB 1422, made it out of its first committee of reference. 

Legislation was also filed that tied the elimination of the CST to enforcing the collection of 

online sales tax. This was proposed in order to provide a revenue neutral approach to the online 

sales tax. This legislation also died in committee. 

Tallahassee-Leon County Civic Center 

Supporting the Florida State University (FSU) in their efforts to dissolve the Tallahassee-Leon 

County Civic Center Authority (Authority) was a top priority for the Board this session and was 

repeatedly discussed at the Community Legislative Dialogue meetings. Representative Williams 

sponsored legislation (HB 1285) this session that repealed the Tallahassee-Leon County Civic 

Center Authority, allowing FSU to assume full management of the Civic Center from the 

Authority. Additionally, the Legislature has appropriated $5 million (non-reoccurring) to FSU 

for maintenance and upgrades of the Civic Center area in the state budget. 

If HB 1285 were signed into law, it would allow for the transfer all Authority assets and 

liabilities to FSU and renames the Civic Center from the “Tallahassee-Leon County Civic 

Center” to the "Donald L. Tucker Civic Center.” Finally, HB 1285 grants FSU or its designee a 

license for the sale of alcoholic beverages for on-premises consumption, or off-premises 

consumption for events sponsored through the Civic Center. The bill has not yet been sent to the 

Governor for his signature. 






June 18, 2013 

Page 11 

Economic Gardening 

Expanding the eligibility of the Economic Gardening Technical Assistance Program (EGTAP) is 

one of the Board’s legislative priorities, a priority shared by the Tallahassee Chamber of 

Commerce and the Florida Economic Development Council. However, legislation (HB 663) that 

would have enhanced and expanded the EGTAP died in committee. The bill would have made 

permanent the economic gardening pilot program, utilized successfully by the Tallahassee-Leon 

County Economic Development Council (EDC). The House and Senate included $1 million in 

funding for the EGTAP as a pilot program in the FY 2014 state budget; however, this funding 

was ultimately vetoed by the Governor. 

The EGTAP offers small local businesses technical assistance in areas such as marketing 

information, consulting services, and the development of business connections. The program 

focuses on the job creation potential of small local businesses that already exist in the 

community, as opposed to the traditional strategies aimed at recruiting businesses from outside 

the community. However, it has been difficult for businesses to qualify under the current 

program. For example, a company must show an increase in both full-time employees and gross 

revenues during three of the previous five years, a challenge in the recent economy. In its end of 

session report, the Tallahassee Chamber of Commerce expressed that it will continue efforts to 

educate the Legislature on the positive impact of the EGTAP on local communities like Leon 

County. 

Gift Ban Legislation 

Although legislation was not passed by either Chamber, exemptions to the legislative lobbying 

“gift ban” requirement received a lot of attention this session. Senator Tom Lee sponsored 

legislation (SB 1634) which would have allowed legislators to accept non-alcoholic beverages 

and meals from lobbyists if they are an invited event speaker. In 2005, while serving as Senate 

President, Senator Lee championed the ‘gift ban’ law, which prohibits any legislator or staff 

from receiving gifts (including drinks and meals) by registered lobbyists. A 2007 study 

conducted by the Florida State University estimates that Leon County loses more than $4.1 

million each 

60-day session due to the gift ban law. Many legislators expressed their concern about the 

current ‘gift ban’ law saying that it was too broad, citing that they could not even accept a cup of 

coffee while attending certain meetings. The bill would have allowed legislators to eat at a 

public event hosted by local governments or other groups if the event was publicly noticed in 

advance. SB 1634 was approved by the Senate Ethics and Elections Committee but died in the 

Judiciary Committee mid-session. No legislation relating to the gift ban was considered in the 

House. 

Feral Cat Legislation 

Legislation (HB 1121 and SB 1320) that would have allowed local governments to establish 

community cat programs such as trap-neuter-and-release (TNR) was considered this session. 

TNR is a non-lethal management plan where homeless cats are humanely trapped, sterilized, and 

then returned to freely roam the community with the goal of reducing the number of feral cats 

over a period of time. 






June 18, 2013 

Page 12 

Beginning in November 2011, the County worked with a citizen workgroup on feral cat issues 

for fifteen months. During the March 12, 2013 meeting, the Board accepted a status report from 

the feral cat workgroup and did not modify the County Ordinance on feral cats. Maintaining 

feral cat colonies conflicts with provisions of the Florida Department of Health, Florida Fish and 

Wildlife Conservation Commission, Florida Statutes and Florida Administrative Codes. 

Additionally, the Leon County Health Department Director opposes feral cat colonies and does 

not support TNR programs. The Director stated that the creation and maintenance of feral cat 

colonies might create a significant risk to the health and safety of the citizens of Leon County. 

The Florida Department of Health stated that free-roaming cats can be vaccinated against rabies 

but this does not address the ongoing need to provide them health care, medications, and 

prevention of other zoonotic diseases. 

During the Senate Agriculture Committee meeting, Tallahassee Animal Control, animal welfare 

groups like the Humane Society, and TNR program participants spoke in support of SB 1320. 

Wildlife and conservation groups, veterinarians, business owners, and homeowners like Leon 

County resident Charles Hall spoke in opposition to SB 1320. Mr. Hall, who participated in 

Leon County’s Feral Cat Workgroup, praised County staff and Commissioners for their work on 

feral cat policies. Following public testimony, bill sponsor Senator Soto requested that the 

legislation be temporarily postponed so that he could work with both sides of the issues before 

continuing to pursue this legislation. SB 1320, and its companion bill, HB 1121, died in 

committee and were not further considered. 

Mental Health Competency Restoration Services 

One of the Board’s legislative priorities this session was to support amending Chapter 916 of 

Florida Statues in order to expand the community-based competency training for any defendant 

found incompetent and may not meet criteria for an in-patient forensic program. Currently, the 

state statutes limit services to a population with a diagnosed mental illness or a developmental 

disability. However, others diagnosed with a cognitive impairment are left with no relief. 

Competency training is intended to assist defendants in understanding the court process and the 

charges against them so that they may participate in their own defense. This session the 

Legislature passed several bills regarding mental health but none that expand the communitybased 

competency training for any defendant found incompetent and may not meet criteria for an 

in-patient forensic program. 

Support the Florida Association of Counties’ Legislative Efforts 

The Board initially identified eight key statewide substantive issues to monitor and pursue for the 

2013 legislative session. Staff and the Capital Alliance Group worked closely with FAC 

throughout the legislative session as issues developed that shifts state costs to the counties and 

affects home rule authority such as the changes to the Medicaid billing system (HB 1520). 






June 18, 2013 

Page 13 

STATEWIDE COUNTY SUBSTANTIVE ISSUES: 

The County’s legislative staff has provided summaries of legislative action on the Board’s 

statewide substantive issues and other important issues that arose during the 2013 state 

legislative cycle as follows: 

Public Meeting Requirements 

Legislation that would give the public the right to speak at public meetings was addressed again 

this session. Last year, similar legislation was passed unanimously by the Senate but was never 

heard by the House. This session, SB 50 was approved by both the Senate and the House. Prior 

to the passage of this legislation, the State of Florida did not have any laws that require state or 

local government boards to hear from members of the public. Leon County, as well as the State 

Legislature, already gives the public a reasonable opportunity to speak at public meetings. 

Senator Negron, the sponsor of the bill, acknowledged early this session that most local 

governments already comply with this legislation. 

SB 50 gives members of the public a right to be heard at public meetings and provides local 

governments flexibility to create rules and policies that govern the public’s right to speak. SB 50 

also specifies that the local government body must give the public reasonable time to voice their 

opinion prior to an official decision being made. The bill also defines situations in which a board 

or commission does not have to grant the public the right to speak. One example would be an 

official act that must be taken to deal with an emergency situation, where compliance with the 

requirement would cause delay of action. 

County Policy Number 01-05 outlines the rules and procedures for County Commission 

meetings and specifies two opportunities for citizens to address the Board during the meeting as 

well as on a specific agenda items and public hearing items (Attachment #6). SB 50 has not yet 

been sent to the Governor for his signature. If signed into law, the bill will take effect October 1, 

2013. 

Elections Reform 

After long lines, lengthy constitutional amendments, and other inefficiencies in the 2012 General 

Election, Governor Scott asked lawmakers to pass legislation during the 2013 session that would 

address these issues. As mentioned previously, elections reform was one of the priorities of 

Senate Gaetz and Speaker Weatherford. On the first day of the session, the House passed 

HB 7013, their version of elections reform. After being amended several times, the bill was 

overwhelmingly passed by both chambers on the final day of session. This bill was signed into 

law by Governor Scott and will take effect January 1, 2014. 

HB 7013 reverses several provisions implemented in 2011, which limited early voting and 

prohibited voters from changing their voting address at the poll sites. The law not only restores 

the early voting to a mandatory 64 hours over eight days and up to 168 hours over 14 days, it 

also gives the 67 county supervisors of elections the discretion to schedule early voting on the 

Sunday before the election and expands the eligible early voting sites. Supervisor of Elections 

may now utilize fairgrounds, civic centers, county commission buildings, stadiums, convention 

centers, government-owned senior centers, and government-owned community centers as early 

voting sites. 






June 18, 2013 

Page 14 

In addition, the law limits the wording of the constitutional amendments that lawmakers put on 

the ballot to 75 words. Previously, this word limit was only imposed on citizen initiatives. The 

bill also reduces restrictions imposed on absentee ballot voters who fail to sign their forms but, in 

an effort to stop fraud, tightens the requirements on people who request absentee ballots. 

As mentioned previously, HB 7013 was amended several times late in session. One of these 

amendments moves Florida’s presidential primary to the first Tuesday in January, instead of the 

last Tuesday, in order to comply with Democratic and Republican Party rules. Another provision 

that was added to the bill was the requirement that Supervisors of Elections must post their 

election preparation plans on his or her official website at least three months before the general 

election. The report must include, at a minimum, the anticipated staffing levels during the early 

voting period, on election day, and after election day; and the anticipated amount of automatic 

tabulating equipment at each early voting site and polling places. One controversial provision 

which was removed from the bill would have allowed the Secretary of State to hold a Supervisor 

of Elections in non-compliance if they did not follow legal requirements set out in this law, and 

dock their pay $2,000. 

Another elections bill that was passed this session was HB 249, which exempts voters' email 

addresses from the state's public records law if they are collected through voter registration. HB 

249 is linked to HB 247, which is a broader bill aimed at reducing paper in government records 

by requiring options for electronic records, such as emailing sample ballots to voters. HB 249 

was amended after concerns were raised by the First Amendment Foundation that the language 

was too broad and might unintentionally exempt emails as a whole from public records. The 

language was changed to specify that email addresses are exempt only when obtained when 

through voter register. This bill has not yet been sent to the Governor. 

Ethics Reform 

Another priority of Senate President Gaetz and Speaker Weatherford that was included in the bichamber 

“Work Plan Florida” agenda was ethics reform. During the second to last week of 

session, the House and Senate unanimously passed an amended version of SB 2, a 

comprehensive reform on current ethics laws. This bill requires the Commission on Ethics to 

prepare a proposal by December 1, 2015 that creates an online financial disclosure filing system 

accessible by the public. In addition, SB 2 allows public officials (any person who is elected to 

state or local office including County Commissioners and Constitutional Officers) to use a 

certified public accountant or an attorney to file financial disclosure forms and requires all public 

officials to attend a minimum of four hours of ethics training. 

Furthermore, this bill states that public officials may not accept public employment with the state 

or political subdivisions if the position is being offered for the purpose of gaining influence 

based on the public officer’s position. If a public officer accepts a position from the state or 

political subdivisions, the following conditions must be met: 1) the position was already in 

existence or created by the employer without knowing the public officer’s interest in that 

position; 2) the position must be publicly advertised; 3) the public officer is subjected to the 

same application and hiring process as other candidates and; 4) the public officer meets or 

exceeds the required qualifications of the position. 






June 18, 2013 

Page 15 

The bill also prohibits a public officer from voting on matters in which the officer knowingly 

would have special private gain or loss, although under this bill the public officer is allowed to 

hold financial interests in blind trusts that cannot be considered as a conflict of interest. In a 

joint conference, the Senate and House agreed to prohibit all legislators from representing 

another person or entity for compensation before any state agency for two years after leaving 

office, authorized the Commission on Ethics to seek garnishment of any wages, and allows the 

Commission on Ethics to dismiss a complaint or referral during any stage of proceeding if it 

determines the violation is insignificant. SB 2 was signed into law by Governor Scott on 

May 1, 2013 and took effect upon his signature. 

Qualified Target Industry Program 

On May 30th, Governor Scott signed HB 4013 into law, which eliminates the maximum amount 

of tax refunds a business could receive over all fiscal years for the Qualified Target Industry 

(QTI) tax refund program. The current QTI economic development program caps rebates for the 

QTI program at $1.5 million per fiscal year and $7 million for the duration of the contract. 

HB 4013 keeps in place a cap of 25 percent of the total tax refunds allotted per fiscal year, 

ensuring that one contract does not consume all the QTI funds. The State`s QTI tax refund 

incentive program is available to companies that create high wage jobs in targeted high valueadded 

industries. The program includes refunds on corporate income, sales, ad valorem and 

certain other taxes for pre-approved applicants who create the targeted jobs. QTI refunds range 

from $3,000 to $8,000 per net new job created. Companies can increase its QTI refund by 

establishing its business within an enterprise zone and/or offering wages that are increasingly 

above average annual salaries. Applications for this program are processed by the Florida 

Department of Economic Opportunity for approval. The Tallahassee/Leon County Economic 

Development Council recently utilized the QTI program to help bring Kaye Scholer, a legal firm 

that will add over 100 high paying jobs, to the community. HB 4013 goes into effect 

July 1, 2013. 

Preeminent Universities 

This session the Legislature passed SB 1076, a comprehensive K-12 education bill, which was 

signed into law shortly afterwards. This bill includes provisions, which create the Preeminent 

State Research Universities Program, which was one of Florida State University's legislative 

priorities and was discussed at the Community Legislative Dialogue meetings. To qualify as a 

preeminent university, a university must reach eleven out of twelve benchmarks, such as: 

• An average weighted grade point average of 4.0 or higher on a 4.0 scale and an average 

SAT score of 1800 or higher for fall semester incoming freshmen, as reported annually. 

• A top-50 ranking on at least two well-known and highly respected national public 

university rankings, reflecting national preeminence, using most recent rankings. 

• A freshman retention rate of 90 percent or higher for full-time, first-time-in-college 

students, as reported annually to the Integrated Postsecondary Education Data System. 

• A 6-year graduation rate of 70 percent or higher for full-time, first-time-in-college students, 

as reported annually to the Integrated Postsecondary Education Data System. 

• Six or more faculty members at the state university who are members of a national 

academy, as reported by the Center for Measuring University Performance in the Top 

American Research Universities (TARU) annual report. 






June 18, 2013 

Page 16 

• Total annual research expenditures, including federal research expenditures, of $200 

million or more, as reported annually by the National Science Foundation (NSF). 

• Total annual research expenditures in diversified nonmedical sciences of $150 million or 

more, based on data reported annually by the NSF. 

• A top-100 university national ranking for research expenditures in five or more science, 

technology, engineering, or mathematics fields of study, as reported annually by the NSF. 

• One hundred or more total patents awarded by the United States Patent and Trademark 

Office for the most recent 3-year period. 

• Four hundred or more doctoral degrees awarded annually as reported in the Board of 

Governors Annual Accountability Report. 

• Two hundred or more postdoctoral appointees annually, as reported in the TARU annual 

report. 

• An endowment of $500 million or more, as reported in the Board of Governors Annual 

Accountability Report. 

Upon the approval of the Board Governors, universities that meet 11 of the 12 benchmarks and 

submit a five-year benchmark plan with target rankings on key performances are eligible to 

receive additional funding annually throughout a five year period as specified in the state budget, 

which is contingent upon approval of the Legislature and Governor. Additional funding to 

recruit National Academy Members, establish a masters’ degree in cloud virtualization, and 

implement an entrepreneurs-in-residence program on its campus was also provided in the 

legislation. FSU President Eric Barron has proposed a plan to help FSU break into the 

U.S. News & World Report Top 25 ranking of national public universities as long as support of 

the preeminent university program continues. FSU is currently ranked No. 42 among public 

universities. For the majority of the academic metrics such as retention rates and graduation 

performance, FSU is already in the top 30 of public universities. Last year, a similar effort at 

establishing preeminent universities would have given FSU even more of a financial reward by 

allowing them to seek tuition hikes beyond the caps set on other schools. That bill was vetoed 

by Governor Scott, who had been firm in his opposition to raising tuition this year. The bill 

signed into law does not allow preeminent universities to raise tuition. 

SB 1076 provides comprehensive changes to education, such as revising provisions relating to 

adult general education, career education programs, college readiness, and fees. Some of these 

provision changes provide additional fee waiver authority (within specified parameters) for 

Florida College System institutions to meet the Governor’s $10,000 degree challenge. SB 1076 

also affects Leon County Schools by creating two "designations" for high school degrees, each 

with different requirements, with one aimed at encouraging students to work toward industry 

certification and the other to earn scholar designation if a student satisfies course and testing 

requirements above-and-beyond those required for a standard diploma. The bill rolls back 

graduation standards adopted just three years ago, that required students to take courses in 

algebra, chemistry, and physics. SB 1076 goes into effect July 1, 2013. 






June 18, 2013 

Page 17 


This session the Legislature passed SB 520, which affects emergency medical services (EMS) 

providers. This bill was unanimously approved by both the Senate and the House to bring the 

State of Florida EMS training standards up to national standards, which have been set out by the 

2009 Department of Transportation’s “National Medical Services Education Standards.” The 

bill removes the requirement that Emergency Medical Technicians (EMT) and paramedics 

complete continuing education on HIV/AIDs, due to the fact that such standards are already 

being met by current “universal precaution.” SB 520 also increases the amount of time EMTs 

and paramedics are able to take the state examination after completing an approved training 

program from one to two years. In addition, the bill requires the state emergency medical service 

plan be updated every five years instead of the previously required two years. Staff has 

monitored similar legislation over the past three sessions and Leon County EMS Division has 

stated that this bill will bring the statutes into sync with what is actually being implemented in 

EMS training centers. It allows training centers to use the latest national curriculum standards 

for EMS training by deleting an antiquated HIV/AIDS training requirement and placing that 

training into a larger infectious disease module. SB 520 was signed by Governor Scott and will 

take effect July 1, 2013. 

Texting While Driving 

After three years pursuing this legislation, Senator Detert’s texting while driving bill was passed. 

SB 52 prohibits a person who is driving to “manually type or enter multiple letters, numbers, 

symbols, or other characters in a wireless communications device for the purpose of non-voice 

interpersonal communication.” This bill does not apply to vehicles that are stationary. 

Exemptions to this law include texting while driving for: emergency services personnel 

performing official duties, reporting an emergency or criminal activity, safety-related 

information, radio broadcasts, and using the device for navigation purposes. Under this law, 

texting while driving will be considered a secondary offense, meaning that a law enforcement 

officer cannot pull a driver over only for texting. A first time offense of texting while driving 

would be punishable by a $30 fine, while a second offense within five years would be a $60 fine 

and three points on the driver’s license. SB 52 was overwhelming passed by both the House and 

the Senate, but was almost considered dead when the House adopted an amendment during the 

last week of session which consequently meant the bill had to be sent back to the Senate for their 

approval. The amendment prohibits law enforcement from using wireless communications 

billing records as evidence, unless the event of a crash resulted in death or personal injury. The 

Senate quickly concurred with this amendment and Governor Scott signed this bill into law, 

which will take effect on October 1, 2013. 






June 18, 2013 

Page 18 

Environmental Permitting 

This session the Legislature passed HB 999, an omnibus environmental bill that initially would 

have created, amended, and deleted more than 25 environmental regulations affecting water 

management, air quality, environmental resource permitting, and development permitting. When 

originally filed, FAC opposed HB 999 because the bill would have impacted local permitting and 

environmental regulations, imposing on county home rule authority. The original legislation 

limited local governments to three Requests for Additional Information (RAI) for permit 

applications and created a tiered RAI review process going from department supervisor to 

County Administrator, which could have bottlenecked the permitting process due to involving 

additional layers of management review. 

Before being passed in the House, the bill was amended to establish a three-year ban on new 

local fertilizer ordinances. Business groups and landscaping professionals have been asking the 

Legislature to prevent the adoption of new local fertilizer ordinances, warning that they create a 

patchwork of regulations. Additionally, the amendment would have established the Florida 

Fertilizer Regulatory Review Council to perform a comprehensive review of existing scientific 

data relating to what happens to nutrients that come from urban settings. This language referring 

to the fertilizer ban was later removed by the Senate. 

FAC and the Capitol Alliance Group worked closely with the bill sponsors and other 

stakeholders to address some of the preemption concerns in the bills. The section dealing with 

RAIs was softened to only apply to applications by certified professionals; non-certified people 

would be treated as normal. Further, the requirement of tiered requests from supervisor-directoradministrator 

was removed and replaced with a simple meeting between the government and 

applicant prior to the third request. On the last day of session, the House concurred with the 

Senate amendments and passed HB 999. This bill was signed into law by Governor Scott and 

will take effect July 1, 2013. 

Mobility Fees and Concurrency 

On May 30th, the Governor signed HB 319, which places new requirements on local 

governments that implement alternative mobility funding systems. The bill requires these 

alternative systems to allow developers to “pay and go” for new development. Under the bill, 

once a developer pays for its identified transportation impacts, the local government must allow 

the development process to move forward. The bill encourages local governments without a 

transportation concurrency funding system to implement an alternative mobility funding system. 

The bill prohibits alternative mobility funding systems that are not mobility fee based from 

requiring developers to pay for existing transportation deficiencies. Local governments must 

apply revenue collected from alternative funding systems to implement the needs upon which the 

revenue collection was based. The bill also makes the following changes to transportation 

concurrency mechanisms: (1) allows developers to satisfy the transportation concurrency 

requirements of a local comprehensive plan by making a good faith offer to enter a binding 

agreement to pay for or construct its proportionate share of impacts; (2) allows local government 

to pool contributions from multiple applicants to apply toward one regionally significant 

transportation facility; (3) requires local governments to provide the basis upon which 

landowners will be assessed a proportionate share of cost addressing the transportation impacts 

from a proposed development; (4) clarifies when local governments are not required to approve 

new development. HB 319 took effect upon being signed into law. 






June 18, 2013 

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The Legislature also considered HB 321, which would have exempted certain new development 

from having to comply with impact fee, concurrency, or proportionate share requirements for 

transportation impacts for three years. However, the exemption would not have applied to a new 

development if the County Commission revoked the exemption by a majority vote. Leon County 

uses concurrency to manage growth and provide adequate facilities like sewer, water, parks, 

roads, and schools to citizens. HB 321 passed in the House, but died in the Senate Community 

Affairs Committee. 

Legislation Affecting County Acquisition of State-Owned Land 

HB 1145 expands the Department of Management Services' (DMS) authority in an effort to 

facilitate the sale of non-conservation state lands determined to be surplus. DMS estimates that 

the state has more than 500,000 square feet of potential excess space in Leon County. The bill 

requires that by July 1 of each year, the Board of Governors of the State University System and 

Department of Environmental Project (DEP) to provide to DMS an inventory of all state 

university and community college facilities. In addition, DMS and DEP must publish a complete 

report of the inventory of all state-owned facilities, including the inventories of the Board of 

Governors, the Department of Education, and the Department of Transportation, excluding the 

transportation facilities of the state transportation system by October 1 st of each year. The report 

must include the report on state-owned real property recommended for disposition. 

HB 1145 sharply reduces the time a state agency or local government has to secure requested 

surplus state property, from six months to 90 days after being notified that it may use such 

property. Before a building or parcel of land is offered for lease or sale to a local government, it 

will first be offered to other state agencies, universities, and colleges. State entities interested in 

the surplus land must first submit a business plan, within 60 days after the offer, for the proposed 

use of the building or parcel. At the time of writing this, the Governor has until June 12, 2013 to 

act on this bill. This bill was signed into law by Governor Scott and will go into effect on 

July 1, 2013. 

STATEWIDE COUNTY BUDGET ISSUES: 

In addition to the statewide substantive issues addressed by the Legislature, the Board expressed 

concern about statewide issues that would affect the County’s budget, including unfunded 

mandates and budget issues relating to constitutional offices. These and other budget issues 

addressed by the Legislature in 2013 are detailed in the following section: 

Florida Retirement System Employer Contribution Rates 

On the final day of session both chambers overwhelming passed SB 1810, the annual 

conforming bill that adjusts employer contribution rates to the FRS based on the annual actuarial 

report and recommendations of the state actuary, Milliman, Inc. This legislation was 

subsequently signed into law by the Governor and will go into effect on July 1, 2013. SB 1810 

modifies employer contribution rates for 2013 – increasing some rates and decreasing others 

depending on the membership class. It is important to note that significant rate increases were 

passed during the 2012 session in HB 5005. 






June 18, 2013 

Page 20 

In 2012, the rates were increased to fund the amortization of the unfunded actuarial liability 

(UAL) of the FRS, which had not been funded for several years due to the state of the 

economy. These increased rates have been in statute for the past year but did not go into effect 

until July 1, 2013. The rates were established to ensure the actuarial soundness of the fund. It is 

the rates passed during the 2012 session to fund the UAL that are estimated to have a negative 

fiscal impact to counties of approximately $255 million. 

During the April 23, 2013 budget workshop, staff updated the Board on the likelihood that the 

employer contributions rates for FRS would have a significant impact on the FY 2014 budget if 

the Legislature approved the higher rates. Staff intends to discuss the budgetary impact of these 

rates on the FY 2014 budget as part of the July budget workshops. 

Medicaid 

Last session the Legislature passed sweeping changes to counties Medicaid billing process. The 

legislation had two main parts: a recurring annual impact and the payment of past unpaid bills. 

With the onset of these program changes this year, FAC worked tirelessly with the Governor’s 

office and Legislature during the 2013 session to revise the methodology for determining county 

contributions to Medicaid. 

Legislation regarding revisions to the Medicaid billing process was not addressed until the last 

three weeks of session when Senate Health Policy Committee unanimously passed a bill that 

replaced the current county Medicaid billing relationship with a fixed formula-based approach. 

Commissioner Desloge testified on behalf of FAC to ask the Committee to take a measured 

approach that would involve such things as evaluating more data. Several senators stated that 

this proposal would create more predictability for counties, which currently pay based on the 

Medicaid expenses of their residents. Senator Denise Grimsley, the sponsor of the bill, stated 

that she was interested in finding a way to help ease the counties' transition into the new payment 

model and pledged to work continue to work with FAC to develop such a model. FAC worked 

diligently with the Senator and House staff to develop a compromised approach to the counties 

Medicaid billing process. 

During the last three days of session, the Senate and House leadership settled on a 

compromised approach to counties Medicaid contributions that replaces the current Medicaid 

county billing methodology with a new cost-sharing system as outlined: 

• Bases county contribution percentages on 2012/13 actual collections for the first two years 

and then transitions to percentages based on the counties Medicaid enrollees over five years. 

o Year 1: Total county contribution set at $269.6 million based on 100% utilization formula 

o Year 2: Total county contribution set at $277 million based on 100% utilization formula 

o Years 3-7: Grows the total county contribution at 50% of growth in state Medicaid 

expenditures and transitions from utilization- to an enrollment-based formula. 

• Growth in the total county contribution is 100% of growth in state Medicaid expenditures 

beginning in 2020-21. 

• Transitions the county share based on Medicaid enrollees beginning in Fiscal Year 2015-16 

using a weighted approach (80% utilization/20% enrollment, 60% utilization/40% 

enrollment, etc.), with the complete transition occurring in Fiscal Year 2019-20. 






June 18, 2013 

Page 21 

• Requires the Agency for Health Care Administration to provide an annual data report to the 

Governor, Senate President, and Speaker of the House, along with the Florida Association 

of Counties. The report would include information necessary to evaluate the costs and 

utilization of health services by Medicaid enrollees allowing the counties to evaluate the 

new methodology and the effects of Medicaid reforms. The report will allow FAC to 

develop a workgroup to explore alternative billing formulas during the first two years of 

implementation 

Compared with estimated payments counties would have collectively made under current law, 

the bill saves counties approximately $40 million by FY17/18. Based on an updated formula, 

FAC estimates that Leon County's share of the Medicaid billing in FY 2014 would be 

$2.5 million and would be $3.3 million at the end of the seven-year phase in period. As of 

March 2013, Leon County had 35,277 Medicaid enrollees, which is approximately 1.06% of the 

total state enrollees. Leon County’s Office of Management and Budget estimates that total 

Medicaid expenditures for FY 2013 will be $2 million. Therefore, SB 1520 would result in a 

$500,000 increase for the County in FY 2014. This legislation was signed into law by the 

Governor and takes effect on July 1, 2013. 

Manufacturing Taxes 

The elimination of the state sales tax for manufacturing equipment and machinery was one of 

Governor Rick Scott's top priorities for this past legislative session. Last year, lawmakers 

reduced the requirements to qualify for an already existing manufacturing sales tax 

(manufacturers must show a 5% production increase, down from 10%). The tax elimination 

initially looked like it was not going to pass when the originally filed bills (SB 518 and HB 391) 

were not scheduled to be heard on either chamber. During the last few days of session, language 

providing for the sales tax elimination was amended onto another bill on the Senate floor and 

passed 37-3. The House subsequently approved the bill on a 68-48 vote. 

After the passage of the legislation, some legislators questioned the legality of the tax exemption. 

Senate staff analysts reported that the manufacturing sales tax elimination required two-thirds 

support in each chamber of the Legislature to pass because the tax cut would affect local 

government revenues. The House passed the bill by a 68-48 vote, twelve votes short of a twothirds 

majority. The final bill analysis, drafted by House analysts, states that the sales tax 

exemption provision in HB 7007 would not “significantly affect the authority of the counties and 

municipalities to raise revenue in the aggregate.” The words “significantly” and “aggregate” are 

key in this analysis since the Constitution requires a two-thirds vote for any bill that has a 

significant impact on local government’s revenue-collecting abilities. The manufacturing sales 

tax brings in $141 million each year, $115 million of which goes to the state and the rest to local 

governments. The Legislature’s Revenue Estimating Conference estimated that HB 7007 would 

have a negative fiscal impact of $4.1 million on local government revenues for FY13-14 and 

over $25 million each year after that until FY 17-18 when the sales tax exemption expires. This 

estimated local government revenue loss suggests a “significant” impact, but the House’s legal 

team has seized on the term “in the aggregate” to justify the bill’s constitutionality. 






June 18, 2013 

Page 22 

The sales tax exemption in HB 7007 only applies to industrial machinery and equipment used at 

fixed locations within Florida starting April 30, 2014, and expires in 2018. Manufacturing 

currently employs almost 3,000 Leon County residents and accounts for more than $390 million 

of the Leon County's GDP. There are currently 125 manufacturing establishments within the 

County. HB 7007 was signed into law on May 17, 2013 and the sales tax exemption. 

Article V Freeze 

For the third year, FAC was successful in removing the mandatory 1.5% annual increase in 

funding counties must provide for Article V court-related responsibilities for FY 2013. 

According to FAC, this provision will save counties approximately $10 million in Article V 

costs next year. This issue was identified and promoted as an issue for the Legislature to reduce 

the burden on local taxpayers without affecting the state budget. Again, this freeze on Article V 

funding only applies for FY 2014 and allows counties to maintain the current levels of funding 

established in FY 2010. The Governor signed the Article V freeze into law as part of the 

FY 2014 budget. 

Funding for Affordable Housing Program 

In the last week of session, the Legislature approved SB 1852, a bill that would appropriate over 

$200 million from part of a multistate settlement with five large banks for fraudulent foreclosure 

practices. The fund will be used to help homeowners and affordable housing initiatives. 

Of particular note to Leon County is an allocation of $40 million to the State Housing Initiative 

Program (SHIP). SHIP provides grants to local governments to administer housing 

rehabilitation, down payment assistance, and foreclosure prevention. The program also helps 

low-income households purchase existing homes and provides housing counseling. Last year, 

Leon County Housing Services received $37,000 from SHIP. The Florida Housing Finance 

Corporation (FHFC), which administers SHIP, has stated that local governments will receive a 

minimum of $350,000 from SHIP for the upcoming fiscal year; it is unclear at the time this 

agenda item is being written, whether or not this allocation would be shared between Leon 

County and the City of Tallahassee. 

SB 1852 also includes some additional limitations on how local governments can spend the 

money. The bill requires that all funds target: the rehabilitation owner-occupied homes; assist 

with purchases of existing housing, provide housing counseling services, provide lease-purchase 

assistance, or implement strategies approved by FHFC that use existing housing stock. In 

addition to these limitations, the bill requires each local government to use a minimum of twenty 

percent of its allocation to serve persons with special needs (an adult requiring independent 

living services, a young adult formerly in foster care, a survivor of domestic violence, or a 

person receiving disability benefits). The Governor signed this bill into law and these provisions 

take effect upon the deposit of $200,080,474 into the State General Revenue Fund from the 

escrow account created as a result of the settlement. 






June 18, 2013 

Page 23 

Streamlined Sales Tax Legislation 

This session Senator Detert once again sponsored an internet sales tax bill. Under current law, 

individuals who buy goods online are supposed to send the sales tax to the state on their own, but 

that provision is largely unheeded and not enforced. Economists estimate the state loses out on 

about $400 million in revenue each year the tax goes uncollected. Purchases from these stores 

are not subject to sales tax due to the fact that they are not physically located in the state of 

Florida. Currently, it is the responsibility of the purchaser to file with the Department of 

Revenue the amount of sales tax they owe from internet purchases, something few people 

actually do. 

Since several legislators worried that this bill was a tax increase on internet businesses, 

amendments were adopted mid-session to make this legislation revenue neutral. To ensure 

neutrality, the amended version required that the Communication Services Tax be reduced by the 

estimated increase in sales tax collected through online purchase. At one point this bill also 

included a provision which gives every manufacturer a sales tax exemption on all industrial 

machines and equipment purchases for three years (one of the two top priorities of the 

Governor), but this provision was removed. SB 316 passed its first two committees of reference 

and later died in the Appropriations Committee. 

This spring the United States Senate passed the Market Fairness Act with bipartisan support. 

Senator Rubio and Senator Nelson are currently split on the legislation that would require 

consumers to pay sales tax on purchases online. This bill is expected to face more challenges as 

it reaches the U.S. House. Staff will continue to work with Patton Boggs to monitor this 

legislation. 

2013 CONGRESSIONAL UPDATE: 

At the October 23, 2012 Workshop on the 2013 State and Federal Legislative Priorities, the 

Board approved appropriation requests identified by staff for the first session of the 

113 th Congress. The Board’s practice has been to focus the County’s federal legislative program 

on appropriations issues but has added specific substantive issues from time to time. As noted 

over the past year, recent trends in the federal budget process have shifted federal funding away 

from Congressional earmarks to federal grant programs through the executive branch. Most 

substantive issues that the County has at the federal level are coordinated through the County’s 

National Association of Counties (NACO) representation. In order to assist with the federal 

appropriation process, the Board contracts annually with Patton Boggs as the County’s federal 

lobbyist. 

Staff coordinates regularly with Patton Boggs by phone and e-mail to strategize on key federal 

budget issues and to identify new federal grant funding opportunities for County project requests. 

Commissioners and staff attended the 2013 NACo Legislative Conference in March to take part 

in NACo’s legislative policy process and attend educational sessions. The NACo Legislative 

Conference provides county officials and staff from around the country with the unique 

opportunity to discuss nationwide issues impacting counties. Commissioners and staff 

participated in workshops on the economy’s impact to local governments, economic growth and 

job creation, energy efficiency, transportation funding and other priority County issues. 






June 18, 2013 

Page 24 

While visiting the nation’s capital city, Commissioners, staff, and the County’s federal contract 

lobbying team from Patton Boggs met with Congressman Southerland and Senator Nelson to 

discuss the County’s substantive and fiscal priorities. This included an in-depth discussion on 

the status of the Tom Brown Park legislation, the Desoto Winter Encampment site, Smile 

Connection and several capital projects for which the County is seeking federal support. 

The May 2013 federal update from Patton Boggs is attached and includes a summary on FY 

2014 Appropriations; Sequestration Updates; Debt Ceiling and Debt Legislation; Tax Reform; 

Online Travel Sector Tax Collection; Tom Brown Park; and Grady Dam (Attachment #7). 

Lobbying Contracts: 

The County utilizes contract lobbying services at the state and federal levels to further the 

County’s legislative goals and in pursuit of appropriations for key local projects. The contract 

lobbying firms provide a daily presence by advocating the County’s legislative priorities with the 

County’s Delegation and legislative leaders. In 2011, the Board approved both the state and 

federal lobbying contracts. Each contract was for a period of three years, however only the 

federal contract provided for an extension of one additional two year period. The Board has the 

discretion to extend any or all of the County’s existing agreements, to issue a request for 

proposals (RFP) for lobbying services for 2014, or to designate separate lobbying firm(s) to 

provide state and federal lobbying services. 

Federal Lobbying Contract 

Since 2002, the federal lobbying team, Patton Boggs, has had significant success in obtaining 

federal appropriations for local projects to help offset the financial burden for local taxpayers. 

Patton Boggs’ efforts have been vital in advocating the County’s legislative priorities at the 

federal level where County staff has limited access. 

The County is in its third and final year of its agreement with Patton Boggs for federal lobbying 

services (Attachment #8). The contract states that the Board may extend the agreement for one 

additional two-year period or until December 31, 2015. Consistent with the contract, staff 

recommends that the Board extend the agreement for one additional two-year period or until 

December 31, 2015. However, the Board may wish to proceed with a RFP for federal lobbying 

services for the 2014 legislative session or discuss this contract further as part of a July budget 

discussion item. 

State Lobbying Contract 

Given the state’s financial hardship the past few years, the state lobbying team, Capitol Alliance 

Group, has concentrated on supporting the County’s policy issues and protecting state programs 

that assist local governments. 

The County is in its final year of a three-year contract with Capitol Alliance Group for state 

lobbying services (Attachment #9). The County entered into the contract with Capitol Alliance 

Group on October 1, 2011, which anticipates issuing a RFP for the 2014 legislative session at the 

conclusion of the contract. In order to unify the County’s lobbying contracts, staff is 

recommending that the Board extend the agreement for one additional two-year period or until 

September 30, 2015. However, the Board may wish to proceed with a RFP for state lobbying 

services for the 2014 legislative session or discuss this contract further as part of a July budget 

discussion item. Page 384 of 631 Posted at 6:15 p.m. on June 10, 2013





June 18, 2013 

Page 25 

2014 LEGISLATIVE SESSION: 

The 2014 legislative session will begin on March 4, 2014 and is scheduled to conclude on 

May 2, 2014. Staff will continue to monitor the important issues relating to Leon County, so it is 

imperative to begin the planning process, as soon as possible, to prepare for an effective 

legislative session next year. Staff recommends scheduling the Workshop on the 2014 State and 

Federal Legislative Priorities for December 10, 2013, from 1:30 – 3:00 p.m. 

Community Legislative Dialogue Meetings 

Based on the discussion at the May 14, 2013 “End of Session” Community Legislative Dialogue 

meeting, it was recommended that a meeting be held in late summer/early fall to discuss the 

impacts that FRS reform legislation could have on the community. If the Board would like to 

continue hosting the ‘Community Legislative Dialogue’ meetings on an ongoing basis, staff 

would typically recommend that the Chairman host these meetings each year. However, given 

the fact that Leon County is in the unique position this year of having a Commissioner serve as 

the President of the Florida Association of Counties, the Board may wish to designate 

Commissioner Desloge to once again host these meetings for the 2014 session, including a late 

summer/early fall meeting. 

Options: 

1. Accept the 2013 Legislative Session Final Report. 

2. Schedule the Board Workshop on the 2014 State and Federal Legislative Priorities for 

Tuesday, December 10, 2013 from 1:30 – 3:00 p.m. 

3. Authorize the County Administrator to extend the Patton Boggs’ federal lobbying 

contract for one additional two-year period or until December 31, 2015. 

4. Authorize the County Administrator to extend the Capitol Alliance Group’s state 

lobbying contract for one additional two-year period or until September 30, 2015. 

5. Designate a Commissioner to host the Community Legislative Dialogue meetings for the 

2014 Session. 

6. Authorize staff to issue a request for proposals for federal lobbying services for the 2014 

legislative session. 

7. Authorize staff to issue a request for proposals for state lobbying services for the 2014 

legislative session. 

8. Direct staff to include the state and federal lobbying services contract as a budget 

discussion item for the July 9, 2013 budget workshop. 



Options #1, #2, #3, #4, and #5. 






June 18, 2013 

Page 26 

Attachments: 

1. October 23, 2013 Workshop on State and Federal Legislative Priorities 

2. May 16, 2013 County Attorney 2013 Legislative Overview 

3. Capitol Alliance 2013 End of Session Report 

4. March 12, 2013 Board of County Commissioner Resolution Supporting State Worker Pay 

Raises 

5. March 3, 2013 “My View” by Chairman Maddox 

6. County Policy Number 01-05: Rules of Procedure for Meetings of the Leon County 


7. Patton Boggs May 2013 Monthly Federal Legislative Update 

8. 2011 – 2013 Patton Boggs Federal Lobbying Contract 

9. 2011 – 2013 Capitol Alliance Group State Lobbying Contract 


To: 

Leon County 


October 23, 2012 



Title: Workshop on the 2013 State and Federal Legislative Priorities 



Department/ 

Division Review and 

Approval: 

Lead Staff/ 

Project Team: 


Alan Rosenzweig, Deputy County Administrator, County 

Administration 

Ken Morris, Director of Economic Development and Business 

Partnerships 

Cristina Paredes, Intergovernmental Affairs and Special Projects 

Coordinator 

Executive Summary 

Attachment #1 

Page 1 of 13 

Issue Briefing: 

This workshop seeks Board consideration of the state and federal legislative priorities to guide 

the County’s lobbying efforts for the 2013 state legislative session and the first session of the 

113 th Congress. Historically, the Board has conducted a workshop with staff on legislative 

priorities to guide the County’s lobbying efforts. In recent years, staff has utilized this forum to 

receive Board direction on and approval of priority legislative issues to guide the County’s 

lobbying efforts at both the state and federal levels. Staff has identified four appropriation 

requests for the 2013 state and federal legislative cycles (please see Attachment #1). 

Additionally, staff has provided eight substantive priorities for the 2013 state legislative session 

(Attachment #2) and two federal substantive priorities for the 113 th Congress. 

Rather than ask the Board to rank projects in priority order, staff is seeking Board assent to the 

state and federal substantive and appropriations issues presented here to be included in the 

County’s 2013 State and Federal Legislative Programs. Upon Board approval, staff and the 

contract lobbying teams will pursue all of the legislative issues approved by the Board, and in so 

doing, place appropriate priority on the issues given the opportunities that arise during the 

legislative process. 



This item does not have a fiscal impact. However, it recommends projects for appropriation 

requests at the state and federal levels while the substantive efforts of the legislative program 

often seek to avoid cost shifts and unfunded mandates to the County. 


Option #1: Approve the 2013 state and federal legislative priorities as presented. 

Attachment #1 

Page 2 of 13 

Option #2: Designate a Commissioner to host the Community Legislative Dialogue meetings 

for the 2013 Session. 


Attachment #1 

Page 3 of 13 


Background: 

Historically, the Board has conducted a workshop with staff on legislative priorities to guide the 

County’s lobbying efforts. In recent years, staff has utilized this forum to receive Board 

direction on and approval of priority legislative issues to guide the County’s lobbying efforts at 

both the state and federal level. 

In recent years, the Board directed staff to refine the County’s substantive 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 broader substantive initiatives. Based on this 

direction from the Board, staff has provided ten substantive priorities (eight state and two 

federal) for the 2013 state and federal legislative sessions. Staff has also identified four 

appropriation requests for the 2013 state and federal legislative cycles. 

Analysis: 

Rather than ask the Board to rank projects in priority order, staff is seeking Board assent to the 

state and federal substantive and appropriations issues presented herein to be included in the 

County’s 2013 State and Federal Legislative Programs. Upon Board approval, staff and the 

contract lobbying teams will pursue all of the legislative issues approved by the Board, and in so 

doing, place appropriate priority on the issues given the opportunities that arise during the 

legislative process. Notwithstanding this, staff will assign priority to any issue that the Board 

directs to receive a special level of attention in 2013. Staff would also like to welcome the 

addition or deletion of issues that the Board deems appropriate for the County’s 2013 legislative 

efforts. 

It is important to note that in addition to the specific Leon County issues identified herein by 

staff, much of the County’s legislative efforts each session are focused on statewide issues in 

conjunction with FAC. FAC will finalize their 2013 legislative program during their legislative 

conference on November 28, 2012. These issues are often times the most critical issues facing 

the County during the state legislative session. The Board will have an opportunity to 

communicate its legislative priorities when it hosts the Leon County Legislative Delegation. A 

meeting date has not yet been set but it is anticipated that the meeting will be held in January, 

prior to the start of the 2013 session. Staff will notify the Board of the date once it has been 

confirmed. 

It is important for the Board to be active participants in the legislative process by testifying on 

behalf of the County and working with the legislative delegation. Staff will continue to keep the 

Board involved in legislative issues through agenda items, resolutions, memorandum, “Call to 

Action” emails, as well as through the weekly Capital Update memoranda during session. 


Attachment #1 

Page 4 of 13 

State Lobbying Contract 

The County utilizes contract lobbying services at the state and federal levels to further the 

County’s legislative goals and in pursuit of appropriations for key local projects. The contract 

lobbying firms provide a daily presence by advocating the County’s legislative priorities with the 

County’s Delegation and legislative leaders. Given the state’s financial hardship the past few 

years, the state lobbying team, Capitol Alliance Group, has concentrated on supporting the 

County’s policy issues and protecting state programs that assist local governments. 

The County is in its final year of a three year contract with Capitol Alliance Group for state 

lobbying services. The County entered into the contract with Capitol Alliance Group on October 

1, 2010 which anticipates issuing a request for proposals (RFP) for the 2014 legislative session at 

the conclusion of the contract. As part of the 2013 final legislative report, staff will be seeking 

direction from the Board on the issuance of an RFP for state lobbying services. 

Federal Lobbying Contract 

Since 2002, the federal lobbying team, Patton Boggs, has had significant success in obtaining 

federal appropriations for local projects to help offset the financial burden for local taxpayers. 

Patton Boggs’ efforts have been vital in advocating the County’s legislative priorities at the 

federal level where County staff has limited access. Additional information highlighting the 

activities of the federal lobbying team is available in the federal legislative issues section 

(Page #12). 

The County is also in its third and final year of its agreement with Patton Boggs for federal 

lobbying services. However, the contract states that the Board may extend the agreement for one 

additional two year period or until December 31, 2015. As part of the 2013 final legislative 

report, staff will be seeking direction from the Board on federal lobbying services. 


PROPOSED LEON COUNTY 2013 STATE & FEDERAL LEGISLATIVE SESSION: 

Appropriation Requests 

(Please Note: For complete information on each, see Attachment #1) 

The Board’s practice of retaining professional contractual lobbying services, at both the state and 

federal levels, has been based primarily on increasing the County’s chances of obtaining 

legislative appropriations. Staff works throughout the year to identify County projects for which 

to submit state and federal appropriations requests. In recent years, the Legislature has not 

accepted Community Budget Issue Requests (CBIRs), which serve as the primary vehicle for 

state appropriations, due to the state’s severe budget constraints. However, a greater emphasis 

placed on grant programs through the executive branch and coordinating through state agencies 

helped fund a number of infrastructure projects during the previous session. Although a small 

surplus is projected in state revenue, staff anticipates that the Legislature will not consider 

CBIRs in 2013. In addition, Governor Scott has continued the practice of requesting that all state 

agencies submit a budget that reflects a 5% cut in funding for the next fiscal year. 

Due to the continued revenue challenges at the state level, staff has refined the Board’s top 

appropriation requests to avoid unrealistic expectations for securing funding for local projects. 

The 2013 appropriation requests identified herein include costly capital projects ranging from 

transportation projects and infrastructure improvements to historical and cultural enhancements. 

In order to maximize the chances for state and federal funds, the County will seek to partner with 

the City on several projects important to the community including improvements to Capital 

Circle Southwest. 

In previous years the County has had tremendous success in obtaining grants for its parks and 

library programs through the legislative appropriations process. However, in the past three 

sessions, the Legislature has failed to provide funding for the Department of Environmental 

Protection’s Florida Recreation Development Assistance Program (FRDAP) and the Department 

of State’s Public Library Construction Grant Program. The following are the proposed Leon 

County 2013 State and Federal appropriation requests: 

Capital Circle Southwest $8 million 

Construction of six-lane roadway (1,300 ft.) just north of Orange Ave. 

Woodville Highway $4.2 million 

Design for widening (four lanes) from Capital Circle to Paul Russell Rd. 

Woodville Sewer $500,000 

Design of Woodville Sewer System 

America’s First Christmas TBD 

Construction of historical structure and markings 

Attachment #1 

Page 5 of 13 


PROPOSED LEON COUNTY 2013 STATE LEGISLATIVE SESSION 

Policy Requests 

(Please Note: For complete information on each, see Attachment #2) 

Attachment #1 

Page 6 of 13 

The 2013 legislative session will begin on March 5, 2013, and is scheduled to conclude on May 

3, 2013. Like most legislation, much of the County’s legislative efforts are incremental and 

focused on issues that are built upon throughout several sessions. However, each year staff 

evaluates the trends and issues affecting all County programs and services to identify potential 

policy or substantive legislative issues. Significant substantive issues that have been identified 

for County participation range from maintaining the County’s home rule authority, such as 

allowing counties to regulate the location and operation of internet cafes, to the protection of 

state workforce. The state’s current fiscal challenges and efforts to further reduce state 

government are likely to dominate the Legislature’s time this year. It will be important for the 

lobbying team to 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. 

Throughout this past session, the Capitol Alliance Group worked to pursue the Board’s 

legislative priorities. For example, Capitol Alliance Group, along with FAC and all Florida 

counties, lobbied aggressively in the last few weeks of the session to kill the Medicaid bill. 

While the bill was ultimately signed into law, the Capitol Alliance Group was successful in 

working with the Governor’s office and the Legislature on legislation to restructure the Regional 

Workforce Boards in order to maintain local oversight of the boards and ensure greater financial 

transparency. 

In addition to the substantive issues identified by the County, staff works daily with FAC and the 

Florida Association for Intergovernmental Relations (FAIR) to identify developing issues that 

effect counties during the session’s quick pace. In many cases, the County joins FAC and FAIR 

members to advocate for or against initiatives that would substantially impact counties (Please 

note: FAIR members are representatives of local governments from across the state.) Please find 

below a refined listing of the proposed Leon County 2013 state legislative session policy 

requests. Each request provides a brief overview of the issue and indicates the specific 

recommended legislative action: 

Protection of State Workforce 

Issue: State workers comprise a substantial percentage of Leon County’s population 

contributing to our community, economy and diversity. Protecting the jobs of 

these workers from privatization and advocating for fair wages has always 

been a top priority of the Board during the legislative cycle. 

During the upcoming session, the Legislature is expected to have further 

discussions on increasing employee contribution to the Florida Retirement 

System (FRS) and the State Employee Health Insurance. There have been 

attempts in the past few sessions to cap the state’s total spending on employee 

health insurance and in effect increase the health insurance premiums of state 

employees. State employees last received a raise in FY 2007, in the amount of 

3%, followed by a one-time $1,000 bonus in FY 2008. 


Attachment #1 

Page 7 of 13 

Action: Oppose any additional reductions to state employee benefits and encourage 

the Legislature to study the economic impact of FRS and health insurance 

reform. 

Internet Cafes 

Issue: The proliferation of simulated gambling facilities, also known as “internet 

cafes,” functioning as gaming parlors has raised many concerns about their 

operations and potential impact on communities. During the beginning weeks 

of the 2012 session, internet cafes and destination casinos were discussed in 

several committees. The House and Senate views greatly differed on how to 

approach both topics. The Senate pushed to regulate the internet cafes and 

mostly supported the destination casinos in South Florida. However, the 

House pursued an outright ban of the internet cafes and did not take a position 

on the destination casinos this session. Staff anticipates that several bills will 

be filed during the 2013 session regarding both destination casinos and 

internet cafes, some of which would preempt local government regulation of 

internet cafes. 

Action: Support legislation that maintains the County’s home rule authority and 

provides for state inspection of gaming devices. 

Communication Service Tax 

Issue: During the 2012 session, the Legislature passed a bill that made changes to 

definitions of the communications services tax (CST) and creates a workgroup 

to study the tax to make recommendations on future communications tax 

policies. The state levies a 6.65 percent communications services tax on items 

such as phone service and local governments apply a wide range of additional 

taxes that range from 0.1 to 7 percent. A key provision in HB 809 provided a 

broad CST exemption for certain services and hardware that are not separately 

stated on a customer’s bill. For example, phone/cable service in "bundles" 

with digital items such as cloud data storage and home security would not 

have to pay communications taxes. 

Furthermore, the legislation created the Communications Services Tax 

Working Group within the Department of Revenue to review a series of 

policies regarding the tax including: review of national and state tax policies 

relating to the communications industry; identify options for streamlining the 

administrative system. The Workgroup consists of a cross section of industry 

stakeholders, FAC staff, and the Leon County Deputy County Administrator. 

The two priorities of the Workgroup are to 1) identify options for streamlining 

the administrative system and 2) identify options that remove competitive 

advantages within the industry as it relates to the state’s tax structure without 

unduly reducing revenue to local governments. The Workgroup’s 

recommendations must be submitted to the Governor, the President of the 

Senate, and the Speaker of the House of Representatives by February 1, 2013. 


Attachment #1 

Page 8 of 13 

Action: Support legislation that is revenue neutral; simplifies administration and 

collection of the current tax; enhances the stability and reliability as an 

important revenue source for local government; and provides for the 

opportunity for market-based growth. 

Thornton Road Land Exchange 

Issue: During development of the Planned Unit Development application for the 

City’s Welaunee Plantation property, significant discussions were held 

regarding access to this property from Miccosukee Road. Under the terms of 

the purchase agreement of the 428 acres of the Welaunee Plantation property, 

the City has rights to cross the Miccosukee Greenway at Edenfield Road and 

Arendell Road. One option that was identified to enhance access to the 

Welaunee property is to relocate the Arendell Road connection to Thornton 

Road (“Thornton Road Extension”). 

Any relocation of the Arendell Road access point requires the approval of the 

State of Florida Board of Trustees for the Internal Improvement Trust Fund, 

since the relocation impacts state lands (the Miccosukee Road Greenway). As 

the managing agency for the Miccosukee Greenway, the County will need a 

statement of written approval describing how the proposed easement 

conforms to the management plan when the easement application involves 

state land which is under lease, sublease, easement, or management 

agreement. The Thornton Road Extension requires a 2:1 land exchange to 

provide a net conservation and recreation benefit. It is anticipated that the 

Planning Department will be bringing forward an agenda item with this 

statement for the Board’s approval during the November 13, 2012 meeting. 

Action: Support the proposed land exchange application that will allow for the 

relocation of the Arendell Road access point to Thornton Road. 

Mental Health Competency Restoration Services 

Issue: There are an increasing number of people charged with a felony offense that 

are incompetent to stand trial yet are ineligible for services under Chapter 916, 

Florida Statutes relating to mentally deficient and ill defendants. Currently, 

the statute limits services to a population with a diagnosed mental illness or a 

developmental disability. However, others diagnosed with a cognitive 

impairment are left with no relief. Upon encountering the criminal justice 

system these people often languish in jail or a pretrial status without an 

avenue to resolve their case because they have no options for competency 

restoration services. Competency restoration training is intended to assist 

defendants in understanding the court process and the charges against them so 

that they may participate in their own defense. 


Attachment #1 

Page 9 of 13 

Action: Support amending Chapter 916 of Florida Statutes in order to expand the 

community-based competency training for any defendant found incompetent 

and may not meet criteria for an in-patient forensic program. 

Civic Center: 

Issue: In the FY 2013 state budget, language was included that authorized the 

Florida State University to acquire the civic center. The Governor signed the 

budget into law on April 20, 2012. This budget language allowed for a 

transfer of assets or the sale of the Tallahassee-Leon County Civic Center to 

Florida State University; however it would require approval by the Florida 

Legislature. 

On May 22, 2012, the Board approved a Third Amendment to the Civic 

Center Agreement, which was agreed to by the County, City of Tallahassee, 

Tallahassee-Leon County Civic Center Authority, and The Florida State 

University. The amendment stipulates that all preceding Agreements entered 

into by and between the parties are rescinded and it releases the County and 

the City from any further responsibility or liability. 

The Florida State University is interested in pursuing legislation during the 

2013 legislative session to repeal the Tallahassee-Leon County Civic Center 

Authority and transfer management of the Tallahassee-Leon County Civic 

Center to Florida State University. 

Action: Support the Florida State University in their efforts to repeal the Tallahassee- 

Leon County Civic Center Authority and transfer management of the 

Tallahassee-Leon County Civic Center to Florida State University. 

GrowFL: 

Issue: GrowFL is an economic development initiative that provides assistance to 

second-stage businesses. Employee numbers and revenue ranges vary by 

industry but the population of firms with 10 to 100 employees and/or 

$750,000 to $50 million in receipts includes the vast majority of second-stage 

companies. To be eligible for the GrowFL program, a business must: 

• Be a for-profit, privately held, investment-grade business. 

• Have at least 10 employees, but no more than 50. 

• Have had its principal place of business within Florida for the previous 

two years. 

• Generate at least $1 million, but not more than $25 million in annual 

revenue. 

• Qualify for Florida’s Qualified Target Industry (QTI) program, under 

s.288.106. 

• Have increased both its number of full-time equivalent employees in 

Florida and its gross revenues during three of the previous five years. 


Attachment #1 

Page 10 of 13 

The services provided by GrowFL include technical assistance focused on 

enhancing sales growth, CEO roundtable groups, peer-to-peer CEO 

networking groups of 10 to 15 CEO’s each, webinars, and other services. A 

recent economic impact study shows that companies who participated in the 

GrowFL program created more than 1,400 direct jobs during the two year 

pilot program. 

The Florida Economic Development Council (FEDC) has expressed concerns 

regarding the eligibility of the GrowFL program. For example, a company 

must show an increase in both full-time employees and gross revenues during 

three of the previous five years. Given the current state of the economy, some 

businesses have found it difficult to qualify for this program. It is anticipated 

that FEDC will consider pursuing legislation during the 2013 session to 

enhance the GrowFL program and expand the eligibility requirements in an 

effort to have more businesses qualify for this program. 

Action: Support the FEDC’s efforts to enhance GrowFL and expand the eligibility 

requirements of the program. 

Florida Association of Counties (FAC) Issues 

Issue: FAC represents 67 counties before the Florida Legislature on issues that have 

broad statewide appeal, such as the opposition of unfunded mandates or cost 

shifts to counties (such as the $90 million DJJ cost shift that was passed in 

2005 and the $146 million in Medicaid retrospective reconciliation and new 

billing system changes passed in 2012), growth management, annexation, 

revenue-sharing, and water management issues. FAC will finalize their 2013 

legislative program during their legislative conference scheduled for 

November 28, 2012. 

Action: Support the 2013 FAC legislative program unless specific issues conflict with 

Leon County’s interests. 

Community Legislative Dialogue Meetings 

For the past two years, the County has hosted ‘Community Legislative Dialogue’ meetings 

throughout session to engage our community and regional partners in identifying shared 

legislative priorities and interests. Last year, the Board designated Commissioner Desloge to host 

these meetings given his role with FAC. A total of three round table discussions were held with 

our community partners and surrounding counties. The meetings were held before session, in the 

middle of session, and at the end of session. All three meetings were well attended and the 

participants agreed that it was helpful to hear the priorities of other community partners. 

If the Board would like to continue hosting the ‘Community Legislative Dialogue’ meetings on 

an ongoing basis, staff would typically recommend that the Chairman host these meetings each 

year. However, given the fact that Leon County is in the unique position this year of having a 

Commissioner serve as the President of the Florida Association of Counties, the Board may wish 

to designate Commissioner Desloge to once again host these meetings. 


FEDERAL LEGISLATIVE ISSUES: 

Attachment #1 

Page 11 of 13 

The Board’s practice has been to focus the County’s federal legislative program on 

appropriations issues but has added specific substantive issues from time to time. Most 

substantive issues that the County has at the federal level are coordinated through the County’s 

National Association of Counties (NACO) representation. At the Board’s request, the federal 

appropriation requests have been combined with the state appropriation requests (Page #5 of the 

Analysis Section). 

Patton Boggs recently assisted the County in securing a $590,880 grant for the purchase of 

emergency medical services equipment. The grant funding assisted in the upgrade and/or the 

purchase of cardiac monitors; electrocardiogram; defibrillator; pacemaker; non-invasive blood 

pressure monitor; and trending. This grant includes the replacement of the cardiac monitors 

provided to the City of Tallahassee Fire Department Advanced Life Support (ALS) units under 

the Fire Services / ALS Agreement. 

Patton Boggs has worked closely with staff on a select few federal policy issues and priorities 

that have been identified by the Board in the past year. Patton Boggs has been instrumental in 

the County’s efforts to utilize the Federal Correctional Institution open space area adjacent to 

Town Brown Park for Little League baseball fields. Congressman Southerland to introduced 

legislation concerning land conveyance from the Bureau of Prisons to Leon County for use for 

additional recreational space at Tom Brown Park. The bill was filed this past spring and Patton 

Boggs has been working with the Congressman’s office and the committee of reference to 

schedule a hearing on the bill. 

The County has also sought assistance from Patton Boggs to educate the Leon County Federal 

Delegation on the County’s concerns regarding the U.S. Army Corps of Engineers permit that 

was issued for the Grady County, Georgia Dam project and its impact on the water quality and 

quantity in North Florida. Subsequently, Congressman Southerland has become engaged in this 

issue and is actively working with the County to express concerns to the U.S. Army Corps of 

Engineers regarding the Grady County Dam project. On October 12, 2012, Patton Boggs 

coordinated a meeting between Congressman Southerland, Commissioner Maddox, the County 

Attorney and staff regarding the Grady County Dam. This meeting was held prior to 

Congressman Southerland meeting with the Army Corp of Engineers to formally request that the 

Corp work with the County to derive appropriate flow figures, both under normal and flood 

conditions, that are needed to ensure adequate water supply to Lake Iamonia for recreational use 

and avoid additional harmful, downstream ecosystem-wide impacts. 


Attachment #1 

Page 12 of 13 

Staff has prepared two federal policy requests for the 113 th Congress and to provide direction to 

the County’s federal lobbying team (for complete information, see Attachment #3): 

PACE 

Issue: In August 2010, the Federal Housing and Finance Agency (FHFA), the 

Federal Home Loan Mortgage Corporation (Freddie Mac), and Federal 

National Mortgage Association (Fannie Mae) expressed concerns because 

PACE financing takes a senior lien position in terms of property-based 

debt repayment obligations and asserted that these assessments make it 

harder to make repayments of those loans, and the risk cannot be 

supported by these entities. Therefore, FHFA directed Fannie/Freddie to 

take actions that they restrict mortgage lending opportunities and lower 

credit lines for homeowners who live in local governments that offer home 

energy retrofit programs such as Leon County. HR 2599 was filed in July 

2011, entitled the PACE Assessment Protection Act of 2011, to rescind 

the directives of FHFA. On August 23, 2011, the Board adopted a 

Resolution in support of the PACE Assessment Protection Act of 2011. 

On June 15, 2012, the FHFA introduced a proposed Rule regarding under 

what conditions Fannie Mae and Freddie Mac will purchase mortgages for 

properties participating in PACE programs. Under the process of adopting 

the proposed Rule, Leon County, along other local governments, 

municipalities, as well as environmental agencies, provided comments 

regarding the proposed Rule. Leon County submitted its proposed 

comments on September 13, 2012. 

In September, Congresswoman Nan Hayworth (R NY-19) along with 

Congressman Mike Thompson (D CA-1) and Congressman Dan Lungren 

(R CA-3) wrote a letter to FHFA recommending that the final rule contain 

a path that parallels their bill, H.R.2599, the PACE Assessment Protection 

Act of 2011 which now has 54 co-sponsors 

Action: Support federal legislation to negate or minimize the actions taken by 

FHFA, Fannie Mae, and Freddie Mac and enact legislation to empower 

PACE programs. 

Federal Correctional Institution Property 

Issue: On June 14, 2011, the Board authorized Commissioner Desloge to reach 

out to the Federal Correctional Institution (FCI) for usage of open space 

adjacent to the FCI facility for Little League baseball fields. The open 

space is adjacent to Tom Brown Park. The initial response from the 

Federal Bureau of Prisons indicated that it did not have the authority to 

grant the County’s request. On September 20, 2011, Commissioner 

Desloge and staff met with FCI Warden Taylor to familiarize him with the 

County’s proposal. At that time, Warden Taylor agreed to support the 

County’s efforts to gain authorization for the use of the property. 


On March 7, 2012, Congressman Steve Southerland introduced legislation 

concerning land conveyance from the Bureau of Prisons to Leon County 

for use for additional recreational space at Tom Brown Park. Congressman 

Ander Crenshaw agreed to co-sponsor the bill. The House Subcommittee 

on Crime, Terrorism, and Homeland Security has been getting some 

pushback with regard to the legislation from the U.S. Bureau of Prisons’ 

headquarters in Washington, D.C as the land has not been discharged as 

‘surplus’ property. Subsequently, the County sent a letter to the Bureau of 

Prisons to request that it allow the legislative process to proceed without 

objection. To date, the legislation has not yet been heard in the 

Subcommittee on Crime, Terrorism, and Homeland Security. 

Action: Continue to work with Patton Boggs to secure the usage of property at the 

Federal Correctional Institution facility for the purpose of constructing 

baseball fields. 

Staff coordinates regularly with Patton Boggs by phone and e-mail to strategize on key federal 

budget issues and to identify new federal grant opportunities that could potentially fund County 

project requests. In addition, Patton Boggs has been submitting monthly memoranda to update 

the Board on their federal lobbying activities in order to further improve communication between 

the Board and their federal lobbying firm. It is important to note that the NACO Legislative 

Conference is scheduled for March 2-6, 2013 in Washington, D.C. In the past, Commissioners 

and County staff have used the NACO Legislative Conference as an opportunity to meet with the 

Leon County Federal Legislative Delegation to advocate for the County’s federal priorities. 

Options: 

1. Approve the 2013 state and federal legislative priorities, as presented. 

2. Designate a Commissioner to host the Community Legislative Dialogue meetings for the 

2013 Session. 

3. Approve the 2013 state and federal legislative priorities as amended by the Board. 




Attachments: 

1. 2013 State and Federal Legislative Session Appropriation Request Forms and Related 

Materials. 

2. 2013 State Legislative Session Policy Request Related Materials. 

3. 2013 Federal Policy Request and Related Materials. 

Attachment #1 

Page 13 of 13 



INTER-OFFICE MEMORANDUM 

To: f the Board of County Commissioners 

From: Herbert W. A. Thiele, Esq 


Date: May 16,2013 

Subject: 2013 Legislative Overview 

Attachment #2 

Page 1 of 21 

During the 2013 Legislative session, there were several Bills that passed of import or that will 

impact local governments, including Leon County, and its residents. Below is an overview of 

those Bills in no particular order (those marked with a * are of special note): 

House Bi11319: Community Transportation* 

This Bill revises provisions under § 163.3180, Florida Statutes, for local governments that 

implement transportation concurrency plans by: 

(a) Providing an alternative funding system for new developments to pay for its 

impacts and proceed with development; 

(b) allows local governments to pool contributions from multiple applicants towards 

one planned facility improvement or development but must maintain funds in 

separate account designated for that project; 

(c) clarifies when § 163.3180(5)(h), Florida Statutes applies to local governments 

implementing transportation concurrency or development agreements; 

(d) provides for an applicant to satisfy concurrency requirements by making a good 

faith offer to enter into a binding agreement to pay for its proportionate share of 

costs for required improvements; 

(e) requires local governments to provide the basis upon which landowners will be 

assessed a proportionate share of costs; 

(f) encouraging local governments without transportation concurrency or local 

governments who elect to repeal transportation concurrency to adopt an alternative 

mobility funding system; and, 

(g) if adopted, the alternative mobility funding system must comply with the dual 

rational nexus test applicable to impact fees and local governments cannot hold 

new developments responsible for existing deficiencies. 


May 16, 2013 

Page 2 

The provisions under this Bill will take effect upon becoming law. 

House Bill 171 -Disposition of Human Remains 

Attachment #2 

Page 2 of 21 

This bill amends various provisions in the Florida Statutes regarding the disposition of human 

remams. Chapter 406, Florida Statutes, which impacts local governments was amended as 

follows: 

(a) §406.51 was amended to assure local governments comply with federal regulations 

and procedures (38 C.P.R. § 38.620) for the final disposition of unclaimed deceased 

veterans; and, 

(b) §406.51(3)(a) authorizes the Board of County Commissioners to adopt, either by 

ordinance or resolution, policies and procedures for the burial and cremation of 

unclaimed remains of indigent persons whose death occurred, or remains found, in 

the county. 

This Bill will become effective July 1, 2013, if signed by the Governor. 

House BilllSS- Prohibition of Electronic Gambling Devices* 

As you know, this Bill was enacted to close loop holes in Chapter 849, Florida Statues, which 

had allowed "internet cafes" or similar operations that operated like slot machines. This Bill 

was effective upon coming law on April 10, 2013 and has now been codified in the Laws of 

Florida at Chapter 2013-2. Additionally, internet cafes in Leon County have now been closed 

and are no longer in operation. 

House Bill 203 - Agricultural Lands 

This Bill revises the Agriculture Lands and Practices Act which was adopted by the Legislature 

in 2003 by prohibiting counties from adopting or enforcing any duplicative policy that limits 

activity of a bona fide farm or farm operation on agricultural land if the activity is already 

regulated by the state and federal government. This Bill also expands the prohibition of all 

governmental entities (not just counties), with the exception of water management districts and 

water control districts. Additionally, this Bill prohibits governmental entities from charging fees 

on bona fide agricultural activities of such farms or farm operations. 


Senate Bill1106- Agritourism 

The Bill prohibits local governments from adopting ordinances, regulations, rules or policies that 

prohibit, restrict, regulate or otherwise limit agritourism activities on land classified as 

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agricultural by a property appraiser. 


House Bill 357 - Manufacturing Development 

Attachment #2 

Page 3 of 21 

This Bill creates a process by which local governments can adopt an ordinance to establish a 

local manufacturing development program to grant master development approval for the 

development, expansion, or modification of manufacturing facilities located within its 

jurisdiction ("Manufacturing Competitiveness Act"). The Bill also calls for DEO (Department 

of Economic Opportunity) to create a model ordinance by December 31, 2013 that local 

governments may utilize in establishing the local manufacturing development program. 


Senate Bill1852- National Mortgage Settlement 

This Bill stems from the National Mortgage Settlement (USA., eta! v. Bank of America Corp., 

eta!, No. 305 12-0361-RMC) wherein the agreement settles state and federal lawsuits regarding 

mortgage companies' rogue policies and procedures foreclosing on property which violated state 

and federal laws for the total sum of $200,080,474. The bill provides funding to numerous 

programs within the State, including scholarship programs, state courts, clerks of court, legal aid 

services, domestic violence centers and Habitat for Humanity. $50,000,000 of the Bill is 

allocated to the State Apartment Incentive Loan (SAIL) Program to fund rental units for the 

elderly and extremely-low-income persons. Another $10,000,000 is to be used by SAIL to fund 

construction or rehabilitation of apartment units. $40,000,000 is to be allocated to the State 

Housing Initiative Program (SHIP) to be distributed to eligible counties and cities and, additional 

funding is also being provided to house homeless persons and persons with developmental 

disabilities. 

The effective date of this Bill is contingent upon the deposit of the $200,080,474 into the General 

Revenue Fund from the escrow account for the above lawsuit settlement. 

Senate Bill 52- Use of Wireless Communications Devices While Driving* 

This Bill creates the "Florida Ban on Texting While Driving Law" and prohibits the operation of 

a motor vehicle while using a wireless communications device for the purpose of texting, 

emailing and instant messaging. The prohibition does not apply to a motor vehicle that is 

stationary and is not being operated. The restriction does not apply to a motor vehicle operator 

who is: performing official duties as an operator of an authorized emergency vehicle; reporting 

an emergency, criminal or suspicious activity; receiving various messages related to the 

navigation of the vehicle, safety related information or radio broadcast; using the device for 

navigational purposes. Only in the event of a crash resulting in death or personal injury may a 

user's billing records for a wireless communications device be admissible as evidence in any 

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May 16,2013 

Page4 

Attachment #2 

Page 4 of 21 

proceeding to determine whether a violation has occurred. Enforcement by law enforcement can 

only occur as a secondary action when being detained for a suspected violation of another law 

such as speeding. 

The effective date of this Bill will be October 1, 2013. 

Senate Bill 2 -Ethics and Elections* 

Financial Disclosures - 

This Bill is a comprehensive ethics reform bill which allows filers to use a CPA to prepare 

financial disclosure filings. The bill also provides a "safe harbor" when errors are made by a 

CPA who was provided the necessary information to prepare the financial disclosure filing. 

The Bill allows the Commission on Ethics to collect unpaid financial disclosure fines, or 

collection agencies acting on its behalf, by garnishment of wages and, by authorizing the 

Commission to obtain a lien on the filer's real and personal property. However, this lien 

authority does not apply to a filer's interest in a single motor vehicle valued at less than $10,000. 

This Bill also creates a procedure for curing erroneous financial disclosure fines prior to the 

deadline of September 1. A procedure has also been created to permit a filer to cure a filing that 

is the subject of a complaint, for a period of thirty days after the complaint has been filed if the 

alleged violation is de minimis in nature. 

The Bill requires a qualifying officer to forward an electronic copy of the CE Form 6 of any 

candidate who qualifies for election prior to filing his or her financial disclosure to the 

Commission or to record the filing of aCE Form 1 filer as timely. If the candidate qualifies after 

he or she files annual financial disclosure, the candidate is permitted to file a copy of his or her 

financial disclosure form with the qualifying officer. All filers who file financial disclosure must 

designate whether the filer is using the dollar value threshold or the comparative (percentage) 

threshold to determine whether an interest is required to be disclosed. 

The Bill creates a grace period to file a new final financial disclosure form to correct any errors 

on the original filing; and, it provides a thirty day period in which to cure de minimis violations 

when a complaint is filed concerning a final financial disclosure filing. The bill extends the 

statute of limitations to collect an unpaid financial disclosure fine from four years to twenty 

years. 

The Bill incorporates a recommendation of the Nineteenth Statewide Grand Jury by allowing all 

public officers to place their assets in a blind trust. The blind trust must meet certain minimum 

requirements concerning the contents of the trust agreement and who can serve as trustee. If a 

public officer places assets in a blind trust, those assets would not give rise to certain conflicts of 

interest and voting conflicts. The public officer would be required to make certain disclosures 

concerning the blind trust on his or her annual financial disclosure. The bill also limits the 

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Attachment #2 

Page 5 of 21 

communications between the public officer and the trustee. Finally, the public officer is required 

to file a notice of the blind trust with the Commission. 

Voting Conflicts - 

This Bill also defines the term "special private gain or loss" as used in the voting conflicts law. 

The Bill prohibits a state public officer from voting on matters that would inure to his or her 

special private gain or loss. The bill also clarifies that a member of the Legislature may use a 

disclosure form created pursuant to the rules of his or her respective house to satisfy the voting 

conflict disclosure requirement. It also clarifies that where a public officer, who also is an 

attorney, is required to disclose the nature of an interest he or she is not required to disclose 

specific information covered that would violate confidentiality or privilege. The Bill also 

specifies that members of the Board of Directors of Enterprise Florida must comply with the 

voting conflicts provision applicable to state public officers. 

Gifts- 

The Bill clarifies that, for purposes of the gifts and honoraria laws, only those who have the 

authority to purchase more than $10,000 in a fiscal year are "procurement employees." The Bill 

also prohibits reporting individuals from soliciting a gift or honoraria, from accepting any 

honoraria, or from accepting a gift in excess of $100 from a "vendor." The bill defines the term 

"vendor." For any gift from a vendor that is valued between $25 and $100, the vendor is required 

to report any gifts to reporting individuals or procurement employees on a quarterly basis. 

The Bill prohibits a reporting individual or procurement employee from soliciting or accepting a 

gift from a committee of continuous existence or a political committee. 

The Bill provides that a complaint may not be filed against a candidate for thirty days preceding 

an election unless the complaint is based on personal information or information other than 

hearsay. Additionally, any complaint filed against a candidate must be based upon personal 

information or information other than hearsay. 

Miscellaneous (Investigations of Complaints, Lobbying, Dual Employment, Etc.)- 

The Bill permits the Commission on Ethics to initiate investigations based upon a referral from 

the Governor, the Florida Department of Law Enforcement, a law enforcement agency, a state 

attorney, or a U.S. Attorney. Once a referral is received from the Governor, Florida Department 

of Law Enforcement, state attorney, or U.S. Attorney, a vote of 6 members of the Commission 

on Ethics is required to initiate an investigation. After that determination, the procedure for 

handling the referral is the same as the current complaint process. 

The Bill requires "constitutional officers" to complete a minimum of 4 hours of training 

annually addressing ethics, open meetings, and public records laws. For purposes of this 

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Attachment #2 

Page 6 of 21 

section, the term "constitutional officers" means the Governor, Lt. Governor, Attorney General, 

Chief Financial Officer, Agriculture Commissioner, state attorneys, public defenders, sheriffs, 

tax collectors, property appraisers, supervisors of elections, clerks of circuit court, county 

commissioners, school board members, and school superintendents. Note that this term does not 

apply to municipal officials/commissioners. 

The Bill expands the lobbying prohibition applicable to former members of the Legislature by 

prohibiting former members from lobbying any agency for a period of two (2) years after leaving 

the Legislature. It also prohibits a former member from accepting any position as a partner, 

principal, employee of a firm, or contracting as a consultant for the purpose of drafting, 

strategizing, consulting, advising or in any way working on matters that will come before the 

Legislature, or to provide networking or relationship building services with sitting members of 

the Legislature for a period of two years after leaving the Legislature. If the primary purpose of 

the firm with which the former member is associating with or consulting is lobbying the 

Legislature, such work is presumptively prohibited unless the former Legislator or firm first 

obtains an opinion stating that the employment complies with the above limitations on 

employment. The Bill also requires an annual affirmation that the former member did not engage 

in prohibited activities. 

The Bill prohibits dual public employment by elected public officers and candidates for elected 

public office under certain circumstances and restricts certain promotions or advancements. 

Specifically, the Bill would prohibit an elected public officer or candidate for elected public 

office, for the period of that candidacy, from obtaining new public employment after qualifying 

for elected public office if the officer knows, or should know, that the position is being offered 

for the purpose of gaining influence or other advantage. It also establishes criteria used to 

determine whether the position is being offered for the purpose of gaining influence or other 

advantage. Members who had public employment prior to qualifying as a candidate would be 

allowed to keep their employment. However, the member or candidate may not accept 

promotions, raises, or any other additional compensation which is inconsistent with other 

similarly situated employees when the member knows, or should know that the additional 

compensation is being given because of his/her office or candidacy. 

Lastly, the Bill amends the "Executive Branch Expenditure Ban" to parallel the provisions of the 

"Legislative Branch Expenditure Ban." Specifically, the Bill provides that the Commission on 

Ethics can investigate complaints alleging that a lobbyist or principal provided a prohibited 

expenditure to an executive branch agency official, member, or employee. Under the bill, it 

provides that the penalties for violation of the expenditure ban apply to lobbyists and principals. 

The bill also provides that there be a civil penalty of up to $5,000 if a lobbyist, or anyone who is 

required to be registered as a lobbyist, fails to disclose any required information. That penalty is 

in addition to any other penalty already authorized in that statute. 

This Bill shall be effective upon becoming law. 

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House Bill 437- Affordable Housing 

Attachment #2 

Page 7 of 21 

This Bill clarifies the process used by the Florida Housing Finance Corporation to allocate lowincome 

housing tax credits and other federal and state resources. The Bill modifies the annual 

reporting requirements, clarifies the information and reports included in the FHFC's audited 

financial statements, and removes obsolete terms and provisions. The Bill revises the definition 

of a "qualifying housing development" and changes the loan-making eligibility parameters of 

Housing Finance Authorities. It also repeals the Housing Opportunity for People Everywhere 

(HOPE) program, which has been declared inactive by the U.S. Department of Housing and 

Urban Development and has not been federally funded since 1995. The Bill removes the 

provision authorizing the affordable housing property exemption to apply to affordable housing 

owned by a Florida-based limited partnership whose sole general partner is a not for profit 

corporation qualified as charitable under the Internal Revenue Code. This provision is expected 

to have a positive impact on local government revenue in FY 2013-14 of $23.4 million ($117.2 

million recurring). The Bill also makes technical corrections to the amended provision. 

Removal of the exemption loophole (Section 3), is effective upon becoming a law and applies to 

the 2013 ad valorem tax rolls. Otherwise, this Bill will become effective on July 1, 2013. 

House Bill 999 - Environmental Regulation 

This Bill creates, amends, and revises various statutes related to environmental regulations and 

permitting. Specifically, this Bill: 

Allows Department of Environmental Protection (DEP) to adopt rules requiring the 

electronic submission of forms, documents, fees, and/or reports. 

• Provides that local governments cannot request additional information from an 

applicant when reviewing an application for a development permit more than three 

(3) times, unless the applicant waives the limitation in writing. 

• Expands the activities that qualify as 'phosphate-related expenses' for the purpose 

of receiving severance tax proceeds. 

• Providing that the Board of Trustees of the Internal Improvement Trust Fund (BOT) 

is authorized to issue leases or letters of consent to special event promoters and boat 

show owners to allow the installation of temporary structures. 

• Providing that where there are competing consumptive use permit (CUP) 

applications, and the water management district (WMD) or DEP has deemed the 

applications complete, the WMD or DEP has the right to approve or modify the 

application which best serves the public interest. 

• Prohibiting WMDs from reducing allocations due to additional water supplies 

resulting from developing of desalination plants. 

• Authorizing WMDs and DEP to notify a permittee by electronic mail of any change 

or suspension to a permit as a result of a water shortage in the district. 

• Providing that the issuance of well permits is the sole responsibility of WMDs, 

delegated governments, or local county health departments, and prohibiting 

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Attachment #2 

Page 8 of 21 

government entities from imposing certain requirements and fees. 

• Providing that licensure of water well contractors by a WMD must be the only 

water well contractor license required for the location, construction, repair, or 

abandonment of water wells in the state or any political subdivision. 

• Increasing the amount DEP is authorized to enter into a contract for preapproved 

advanced cleanup work in each fiscal year. 

• Providing that a person can bring a cause of action for damages resulting from a 

discharge of certain pollution if not regulated or authorized pursuant to chapter 403, 

F.S. 

• Specifying that for a period of 90 days after it is submitted, a local government 

cannot use the registration information it receives from a recovered materials dealer 

to compete unfairly with the recovered materials dealer. 

• Authorizing DEP to establish permits for special events relating to boat shows. 

• Authorizing expedited permitting for natural gas pipelines and for summary 

hearings, if challenged. 

• Ratifying and approving certain leases or state-owned uplands in the Everglades 

Agricultural Area approved by BOT. 

This bill shall become effective July 1, 2013. 

House Bill 85 -Public-Private Relationships 

Public-private partnership are contractual agreements formed between public entities and private 

sector entities that allow for greater private sector participation in the delivery and financing of 

public buildings and infrastructure projects. This Bill provides legislative findings and intent 

relating to private-public partnerships: 

• Provides for procurement procedures, requirements for project approval, project 

qualifications and process, notice to affected local jurisdictions, interim and 

comprehensive agreements between a public and a private entity, use fees, and financing 

sources for certain projects by a private entity. 

• Partnerships may be used for a variety of "qualifying projects," to include mass transit 

facilities, parking facilities, airport or seaport facilities, fuel supply facilities, oil or gas 

pipelines, medical or nursing care facilities, recreational facilities, sporting or cultural 

facilities, educational facilities, or water, wastewater, or surface water management 

facilities. 

• County, district, or municipal hospital or healthcare systems or projects for municipal 

electric utilities are not required to follow the public-private partnership process. 

• Provides a process for receiving solicited or unsolicited proposals from private entities 

for public projects. 

• Provides that projects developed under this process do not waive the sovereign immunity 

of a responsible public entity, the jurisdiction where a project is located, or an officer or 

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employee thereof with respect to participation in, or approval of, the project or its 

operation. 

• Provides that except as otherwise provided in the public-private partnership act, the act 

does not amend existing laws by granting additional powers to, or further restricting, a 

local governmental entity from regulating and entering into cooperative arrangements 

with the private sector for the planning, construction, or operation of a facility. 

• A public-private partnership guidelines task force is created to review public-private 

partnerships and develop recommendations for their operation. 

• Specifically authorizes counties to enter into public-private partnership agreements to 

construct, extend or improve county roads, and provides a process. 

• The bill also modifies current law relating to contracts with charitable or not-for-profit 

organizations to provide services to governmental entities. 

This Bill will become effective July 1, 2013. 

Senate Bill1808- Numeric Nutrient Criteria 

This Bill authorizes the Department of Environmental Protection to implement specified 

provisions to control nutrient load in state waters and, more specifically the Bill authorizes DEP 

to implement criteria in flowing waters, with standards applicable to downstream waters; 

implement standards in streams, springs, lakes and estuaries in accordance with the document 

entitled "Implementation of Florida's Numeric Nutrient Standards;" and, upon withdrawal of 

EPA's rules and cessation of further rulemaking, the non-severability and effective date 

provisions (Rule 62-302.531(9)) expire and are removed from the Florida Administrative Code. 

This Bill will become effective upon becoming law. 

House Bill 7157- Ratification of Total Maximum Daily Load (TMDL) Rules 

The Department of Environmental Protection (DEP) adopted a series of rules setting total 

maximum daily loads (TMDLs) for specific water bodies designated as impaired. This Bill 

identifies TMDLs which were adopted in separate rulemaking proceedings, each of which 

included a Statement of Estimated Regulatory Costs (SERC). Pursuant to §120.541, Florida 

Statutes, because the costs would exceed $1 million over the first 5 years, each rule must be 

ratified by the Legislature before it may go into effect. This Bill also authorizes the rules 

promulgated for the following water bodies go into effect: St. Marks River Basin; Pensacola Bay 

Basin; Indian River Lagoon; Hillsborough River Basin; Springs Coast Basin; and, statewide 

TMDLs relating to mercury-impaired water bodies. The scope of the Bill is limited to this 

rulemaking condition and does not adopt the substance of any rule into the statutes. 

This Bill will become effective upon becoming law. 

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Senate Bill1806- Total Maximum Daily Loads (TMDLs) 

Attachment #2 

Page 10 of 21 

This Bill cures a problem with ratifying TMDL rules in that if the notice deadline is missed, and 

TMDLs are developed throughout the year, then it can take up to a year for a rule to go into 

effect. This may result in significant delays in the process of restoring water quality. This Bill 

provides that the DEP's rules on TMDLs are exempt from the requirement of legislative 

ratification. 

Senate Bill1830- Ad Valorem Taxation* 

This Bill amends a number of provisions under the ad valorem taxation process, including: 

• designates the postmark date of a commercial mail delivery service as the date of filing 

for certain ad valorem applications or returns. 

• specifies various documents and communications as allowed to be sent electronically in 

lieu of first-class mail, including a notice of proposed property taxes, various tax 

exemption renewal applications, notice of an intent to deny a tax exemption, and the 

decision of a value adjustment board. The recipient of the electronic communications 

must consent in writing to receive the document electronically. 

• Requires a property appraiser to post notices of the date of tax roll certifications and 

extensions on the property appraiser's website. 

• A change of ownership for purposes of assessing property at just value does not apply to 

lessees entitled to the homestead. 

• Makes the time for appealing a value adjustment board's denial of a taxpayer's 

application to transfer prior homestead assessment limitations to a new homestead is 

extended. 

• Aquaculture crops are exempt from taxation until marketable. 

• A county is authorized to waive the annual application requirement for a reduction in the 

assessed value of homestead property used to provide living quarters for the parents or 

grandparents of the owner or spouse of the owner. The property owner must notify the 

property appraiser if the reduction no longer applies. Tax, penalty, and interest 

assessments are provided if the property owner improperly receives reductions. 

• Deletes the requirement that title holders of homesteads live on the homestead in order to 

qualify for the homestead tax exemption. 

• Local governments that provide additional homestead exemptions to persons 65 and older 

may provide exemptions up to a certain amount. 

• Removes the ability of a general partner of a corporation classified as a 501(c)(3) to 

qualify as a limited partnership for the affordable housing property tax exemption, and 

this provision is applied retroactively. 

• clarifies the provisions of ownership of property used for education purposes and exempt 

from ad valorem taxation. 

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Attachment #2 

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This Bill will be effective July 1, 2013 and the provisions repealing the 2011 expansion of the 

affordable housing exemption apply retroactively to the 2013 tax roll. 

Senate Bill 934 - Stormwater Management Permits 

The Bill requires the development of statewide environmental resource permit rules that provide 

for a conceptual permit for municipalities or counties that create a stormwater management 

master plan for urban infill and redevelopment areas or community redevelopment areas (CRAs). 

It specifies that the master plan becomes part of the conceptual permit and that the rules must 

provide for an associated general permit for the construction and operation of urban 

redevelopment projects that meet the criteria established in the conceptual permit. The bill also 

provides requirements for the conceptual permit. 

This Bill has an effective date of July 1, 2013. 

House Bill579- Natural Gas Motor Fuel 

This Bill establishes a process for the establishment of natural gas motor fuel retailers and for the 

taxation of the fuel. The bill provides for the levy of the natural gas fuel tax, with authorization 

to the Department of Revenue to adopt rules. The bill expands the use of the local government 

infrastructure surtax to include the installation of systems for natural gas fuel. 

This Bill will be effective January 1, 2014. 

Senate Bill 342 -Rental of Homestead Property Tax/Exemption 

Current law provides that the rental of all or substantially all of a dwelling previously claimed to 

be a homestead for tax purposes constitutes the abandonment of the dwelling as a homestead. 

The bill provides that the abandonment of a homestead after January 1 of any year does not 

affect the homestead exemption for tax purposes for that particular year unless the property is 

rented for more than 30 days per calendar year for two consecutive years. 


Senate Bill 406 -Economic Development 

This Bill establishes the Economic Development Programs Evaluation process and requires the 

Department of Economic Opportunity (DEO) to analyze each economic development incentive 

program and application. Provisions of the Bill of particular interest to local governments 

include: sales tax exemptions for natural gas used to generate electricity in a non-combustion 

fuel cell used in stationary equipment; and a sales tax exemption for building materials used in 

redevelopment projects, including brownfield sites. The Bill requires the Department of Revenue 

to distribute monies to certified applicants for a facility used by a spring training franchise. The 

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Bill also revises the minimum criteria for participation in the brownfield redevelopment bonus 

refund. Lastly, the Bill provides the certification process for an applicant to receive state funding 

for a facility for a spring training franchise, provides for the use of the funds, requires a certified 

applicant to submit an annual report and requires the DEO to publish the information. 

This Bill will be effective upon becoming law. 

House Bill 7007- Economic Development 

This is a comprehensive economic development bill. As originally filed, the Legislation would 

have given rule-making authority over the Small City Community Development Block Grant 

(CDBG) program to the Department of Economic Opportunity (DEO) and would have included 

restrictions on the use of funds, with a preference given to economic development applications. 

However, these provisions were removed from the final bill. As passed, this Bill modifies 

various programs and activities administered by the Department of Economic Opportunity 

(DEO) and increases transparency and accountability of businesses participating in these 

programs and activities. More specifically this Bill addresses the following: 

Economic Development Program Evaluations and Reporting 

• Directs the Office of Economic and Demographic Research (EDR) and the Office of 

Program Policy Analysis and Government Accountability (OPPAGA) to evaluate 

economic development programs. 

• Directs EDR to determine the economic benefits of each economic development program 

on a 3-year review schedule. Directs OPPAGA to evaluate each program for 

effectiveness and value to the state's taxpayers. 

• Directs DEO to maintain a website for publishing information relating to economic 

development incentive programs awarded to Florida businesses on a project-by-project 

basis. 

• Directs DEO to publish on its website Quick Action Closing Fund (QACF) project 

information and the average time it takes to receive and approve completed applications. 

• Consolidates reports and reporting dates for various economic development programs 

prepared by DEO, Enterprise Florida, Inc. (EFI), the Office of Film and Entertainment, 

and Space Florida. 

Economic Development Incentive Surety Bonds 

• Requires economic development incentive agreements that award funds through the 

QACF or the Innovation Incentive Program on or after July I, 2013, to be guaranteed or 

secured. A waiver of the requirement may be granted under certain circumstances. 

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The Florida Small Business Development Center Network 

Attachment #2 

Page 13 of 21 

• Modifies the size and make-up of the statewide advisory board, codifies support services 

the Network must provide to small businesses, provides for performance incentives, and 

requires annual reports to the Legislature. The network will provide various services to 

assist small businesses. 

Redevelopment Programs 

• Revises the Small Cities Community Development Block Grant Loan Guarantee Program 

to reduce the risk to the state and eligible local governments on section 108 loans. 

• Provides for the expansion of enterprise zone boundaries in certain areas of the state 

designated as rural areas of critical economic concern. 

• Specifies the meaning of "brownfield area" for purposes of the sales tax exemption for 

building materials in redevelopment projects and for the brownfield redevelopment bonus 

refund. 

• Requires a rehabilitation agreement to be in place with the Department of Environmental 

Protection (DEP) in order for a brownfield to be eligible for sales tax exemptions. 

Reemployment Assistance Program 

• Revises provisions related to benefit eligibility, interest assessments, confidentiality, and 

fraudulent claims to enhance program integrity and implement certain federal 

requirements. 

Triumph Gulf Coast, Inc. 

• Establishes Triumph Gulf Coast, Inc., a five member non-profit board who is tasked with 

reviewing priorities in disproportionately affected counties in the Gulf Coast region. 

• Triumph Gulf Coast will be housed in the Department of Economic Opportunity and will 

receive, administer, invest, and hold the Recovery Fund. 

• The Recovery Fund will consist of monies disbursed, if any, as a result of a judgment 

against BP for litigation that was recently filed by Attorney General Pam Bondi to collect 

economic damages from the Deepwater Horizon oil spill. 

Manufacturers Sales Tax Exemption 

• Eliminates the sales tax paid by manufacturers for certain equipment purchases for 3 

years. 

This bill will become effective July 1, 2013. 

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House Bill 7013- Elections* 

This is an omnibus election administration Bill that contains several major provisions: 

Attachment #2 

Page 14 of 21 

• Early Voting Days/Hours: Extends period from 8 days minimum up to 14 days at the 

discretion of the Supervisor of Elections (SOE), including the Sunday before the general 

election; increases hours from 96 to a maximum of 168 hours. 

• Early Voting Sites: Expands authorized sites to include civic and convention centers, 

fairgrounds, stadiums, courthouses and commission buildings, and mandates each county 

to have at least as many early voting sites for the general election as they did for the 2012 

general election. 

• Ballot Length: Applies 75-word limit for constitutional amendments proposed by joint 

resolution (Legislature) that have only one ballot summary, however, 75 word limit does 

not apply to such amendments with more than one ballot summary. 

• Election Preparation Report: Requires each SOE to post a report on his/her website at 

least 3 months before a general election outlining preparations; prescribes matters to be 

included in the report. 

• Examination/ Approval of Voting Equipment: Requires a registered agent of a vendor 

selling voting equipment to be registered with the Dept. of State before equipment will be 

approved or before a contract for sale or lease can be entered into. 

• Voting System Defects: Creates new section requiring vendors to file a written disclosure 

of any known defects with its systems to the Dept. of State every odd numbered year; 

authorizes the Dept. to initiate investigations into defective systems and suspend all sales 

and leases of such equipment. 

• Voting System Audits: Provides for automated audits of voting systems (rather than just 

manual). 

• Absentee Ballots: Provides that such ballots may only be mailed to an address other than 

that appearing in the Florida Voter Registration System if the request is in writing and 

signed by the elector; places restrictions on delivery of such ballots on the day of the 

election; allows voters seeking to cure an absentee ballot without a signature to submit 

the required affidavit through 5 p.m. on the day before the election (instead of 5 p.m. on 

the Sunday before); allows overseas voter ballots in a presidential election to be 

postmarked no later than the day of the election and received no later than 1 0 days after 

the election (rather than received by 7 p.m. the day of the election). Reduces the level of 

the criminal offense of possessing more than two absentee ballots from a 3d degree 

felony to a 1st degree misdemeanor. 

This Bill will be effective January 1, 2014, except as otherwise expressly provided in the act. 

House Bill 277- Assessment of Residential/Non-Residential Property* 

In the 2008 General Election, Florida voters approved a constitutional amendment relating to 

property taxes that authorized the Legislature, by general law, to prohibit consideration of the 

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following in the determination of the assessed value of real property used for residential 

purposes: any change or improvement made for the purpose of improving the property's 

resistance to wind damage; and, the installation of a renewable energy source device. 

This Bill provides for partial implementation of the 2008 constitutional amendment. Specifically, 

the bill defines "renewable energy source device" and provides that a property appraiser may not 

consider the increase in the just value attributed to the installation of a renewable energy source 

device when determining the assessed value of real property used for residential purposes. The 

Bill also specifies that the provision applies to new and existing residential real property. 

Specifically, the provision applies to installations made on or after January 1, 2013. The fiscal 

impact estimates, assuming current millage rates, are that the provisions of the bill will have no 

impact on local government revenues in FY 2013-14, but will increase each year thereafter 

reaching an annual impact of$12.6 million in FY 2017-18. 

This Bill will become effective July 1, 2013, applying to assessments beginning January 1, 2014. 

Senate Bill336- Tourist Development Tax 

This Bill clarifies that proceeds of the tourist development tax may be used for the benefit of 

certain museums or aquariums within the boundaries of the county or sub county special taxing 

district in which the tax is levied. The Bill also clarifies that the tax automatically expires upon 

the retirement of all bonds issued by the county for financing specified facilities. 

This Bill will become July 1, 2013. 

House Bill 633 - Biodiesel Fuel/Local Governments 

Current law requires each biodiesel manufacturer to meet the reporting, bonding, and licensing 

requirements for wholesalers under Chapter 206, F.S. The bill makes this requirement not 

applicable to a municipality, county, or school district that manufactures biodiesel fuel solely for 

use by the municipality, county or school district. The bill further provides a municipality, 

county, or school district that manufactures biodiesel fuel solely for use by the municipality, 

county, or school district is required to file a return accounting for biodiesel fuel manufacturing 

and remit a tax equal to 3 cents of the 4-cent tax under various provisions of Chapter 206, 



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House Bill1193- Taxation of Property 

Attachment #2 

Page 16 of 21 

This Bill eliminates the following three specific statutory guidelines under which agricultural 

land can be reclassified as nonagricultural for property taxation purposes: (1) land has been 

zoned to a nonagricultural use at the request of the owner; (2) when there is contiguous urban or 

metropolitan development the board of county commissioners finds that the continued use of 

such lands for agricultural purposes will act as a deterrent to the timely and orderly expansion of 

the community; and, (3) sale of land for a purchase price which is three or more times the 

agricultural assessment placed on the land creates a presumption that such land is not used 

primarily for bona fide agricultural purposes (this presumption may be rebutted upon a showing 

of special circumstances by the landowner demonstrating that the land is to be continued in bona 

fide agriculture). 

The Bill also amends several statutory provisions to remove the authority of the value adjustment 

board to review all property classified by the property appraiser upon its own motion. 

The fiscal impact estimates are an impact on local government revenues of either zero or 

negative indeterminate beginning in FY 2013-14 and that the provisions of the Bill related to 

reclassification of lands as nonagricultural to have a recurring negative revenue impact on local 

governments of $0.5 million beginning in FY 2013-14. 

House Bill 269 - Building Construction/Development 

This Bill relates to a multitude of building construction, code enforcement and development 

matters. Specifically: 

• Counties and municipalities are required to attach a disclaimer to the issuance of a 

development permit and must include a permit condition that all other applicable state or 

federal permits be obtained before commencement of the development. 

• Under the code enforcement process, notices must be sent by certified mail, return receipt 

requested, to the alleged violator's address posted in the tax collector's office or to the 

address listed in the county property appraiser's database. A local government may also 

provide an additional notice to any other address it may find for the property owner. 

• Local governmental entities must specify in local bid documents for public works that the 

lumber or timber product should be produced and manufactured in the state if the 

products are appropriately available. 

• Certain actions relating to onsite sewage treatment and removal are not required if a 

bedroom is not added during a remodeling addition or modification to a single-family 

home. 

• Reaffirms that local governments may enforce statutes or ordinances against unlicensed 

contractors under the provisions of chapter 489, Florida Statutes, and that the maximum 

civil penalty which may be levied may not exceed either $2,000 or $2,500 for various 

violations. 

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Attachment #2 

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• Authorizes a local building department to retain 75% of certain fines collected if it 

transmits 25% to the Department of Business and Professional Regulation. 

• Deletes requirements relating to "minor violations" of contractor regulatory laws and the 

process for handling "minor violations." 

• Provides a definition for the term "local technical amendment" for purposes of the 

Florida Building Code, and prohibits any provision of the International Residential Code 

relating to mandated fire sprinklers from being incorporated into the Florida Building 

Code. 

• Authorizes a site plan to be maintained at the worksite as an electronic copy, which must 

be open to inspection by the building official. 

• The Florida Building Commission is required to adopt the Florida Building Code-Energy 

Conservation. The bill revises the purposes of the Florida Building Energy-Efficiency 

Rating Act and provides for the applicability of building energy-efficiency rating 

systems. 


House Bill 655 - Employment Benefits Regulation* 

This Bill prohibits a political subdivision from requiring or otherwise regulating employment 

benefits by employers in the jurisdiction, including health benefits, sick leave, or vacation time, 

for employees, and preempts the regulation of such benefits to the state. A political subdivision 

is not prohibited from establishing employment benefits for its employees, for employees of a 

contractor, under the contract, providing goods or services to, or employees of an employer 

receiving a direct tax abatement or subsidy from, the political subdivision. The Bill does not 

apply to a domestic violence or sexual abuse ordinance or policy adopted by a political 

subdivision. The Bill also creates an 11-member task force charged with reviewing employersponsored 

employment benefits and the impact of the state preemption contained in the bill. As 

noted, this is yet another state preemption of local government home rule authority. 


House Bill 7019- Development Permits 

This Bill requires counties and municipalities to attach disclaimers to development permits that 

include a condition that all other applicable state or federal permits must be obtained before the 

commencement of any development. These changes will ensure Florida is fully compliant with 

the National Flood Insurance Program administered by the Federal Emergency Management 

Administration. 

House Bill 503 (20 12 Regular Session) contained provisions that, if implemented, would impede 

the state's ability to enforce required components ofNFIP's floodplain management regulations 

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Attachment #2 

Page 18 of 21 

and jeopardize Florida's voluntary participation in NFIP. The Bill seeks to bring state law into 

compliance with the federal requirements ofNFIP. 


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House Bill537- Growth Management Referenda* 

Attachment #2 

Page 19 of 21 

This Bill clarifies the Legislature's intent that initiatives and referenda are to be prohibited in 

regard to any development order, and further that initiatives and referenda be prohibited as to any 

local comprehensive plan or map amendment, except as specifically and narrowly permitted in 

the bill and that affect more than five parcels of land. As for comp plan amendments, the 

authority for such must be expressly authorized by specific language in a local government charter 

that was lawful and in effect on June 1, 20 II; a general local government charter provision for an 

initiative or referendum process is not sufficient. 

Senate Bill1520- County Contribution to State Medicaid Payments* 

This Bill addresses the county contribution to Medicaid in the following ways: 

• Bases county contribution percentages on 2012-13 actual collections for the first two 

years and then transitions to percentages based on county Medicaid enrollees over 5 

years. 

o Year 1: Sets the total county contribution at $269 .6M using a 1 00% utilizationbased 

formula. 

o Year 2: Sets the total county contribution at $277M using a 1 00% utilizationbased 

formula. 

o Years 3-7: Grows the total county contribution at 50 percent of growth in state 

Medicaid expenditures and transitions from a utilization- to an enrollment-based 

formula. 

o Growth in the total county contribution is 1 00% of growth in state Medicaid 

expenditures beginning in 2020-21. 

• The transition to county shares based on Medicaid enrollees begins in Fiscal Year 2015- 

16 using a weighted approach (80% utilization/20% enrollment, 60% utilization/40% 

enrollment, etc), with the complete transition occurring in Fiscal Year 2019-20. 

• Requires the Agency for Health Care Administration to provide an annual data report to 

the Governor, Senate President and Speaker of the House, along with the Florida 

Association of Counties. 

o The report would include information necessary to evaluate the costs and 

utilization of health services by Medicaid enrollees allowing the counties to 

evaluate the new methodology and the effects of Medicaid reforms. 

o The report will allow F AC to develop a workgroup to explore alternative billing 

formulas during the first two years of implementation. 

Compared with estimated payments counties would have collectively made under current law, 

the bill saves counties approximately $40M by FY17/18. 

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Senate Bill 534 -Publicly Funded Defined Benefit Retirement Plans: Reporting 

Attachment #2 

Page 20 of 21 

This Bill provides that the state is not liable for shortfalls in local government retirement systems 

or plans and creates additional reporting standards for publicly funded defined benefit retirement 

plans. The Bill requires each defined benefit retirement plan to submit a report to the Florida 

Department of Management Services (DMS), which will be due within 60 days after receipt of 

the certified actuarial report submitted after the close of the plan year that ends on or after June 

30, 2014. This timeframe better coincides with reporting under GASB Statements 67 and 68. 

After the initial report, subsequent reporting will recur on a plan's schedule for actuarial 

reporting. The report must include additional financial statements and information on the plan 

using the plan's assumed rate of return and a rate of return at 200 basis points lower than the 

assumed rate of return. The Bill requires local governments and plan operators to post various 

pension plan information onto available websites and provides for penalties under Chapter 112, 

Florida Statutes, if not in compliance. It is important to note that the Bill does not require the 

plans to be funded under the conditions listed above; rather, plans must only produce a report to 

be submitted to DMS. 


House Bill 7145- Employment Discrimination Complaint Exemption* 

This Bill reauthorizes an exemption from public records requirements for employment 

discrimination complaints and other records. 

This Bill will become effective October 1, 2013. 

House Bill 1355 - Purchase of Firearms by Mentally Ill Persons 

This Bill provides conditions under which a person who has been voluntarily admitted to a 

mental institution for treatment or has undergone an involuntary examination under the Baker 

Act may be prohibited from purchasing a firearm. 

What should also be noted is what legislation did not pass: increasing the sovereign immunity 

waivers; modifications to the Florida Retirement System; and, further preemptions on local wage 

theft ordinances. 

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Attachment #2 

Page 21 of 21 

Should you have any questions or need further information with regard to any Bill passed by the 

2013 Legislature, please contact the County Attorney's Office. 

HWAT:ea 

cc: Vincent S. Long, County Administrator 


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Capitol Report 

Leon County 

May 3, 2013 - End of Session Report 

Provided by: 

Capitol Alliance Group 

106 E. College Ave, Suite 640 


Attachment #3 

Page 1 of 21 


CAPITOL NEWS FOR 2013 LEGISLATIVE SESSION 

A. Key Legislative Issues & Leon County Priorities 

Sine Die - Florida legislators passed a record $74.5 billion state budget and 

adjourned the 2013 legislative session at 7:16 PM on Friday. 

Budget - The $74.5 billion budget is an increase of more than $4 billion from the 

current fiscal year -- a boost made possible by improved sales tax collections with 

improved employment and consumer spending. Documentary stamp tax collections, 

on real estate transactions and vehicle purchases, also fattened state coffers. Key 

budget highlights for Leon County include: 

• Economic Incentives – The House and Senate passed the transportation and 

economic development portion of the budget, with the chambers agreeing to $45 

million in taxpayer incentives, plus $26.1 million in incentives from the 

current year budget rolled over into next year for Enterprise Florida and other 

programs totaling $71.1 million (down from the current-year allocation of $111 

million and the $278 million Scott sought in his budget recommendation) 

• $1 million for the Economic Gardening Technical Assistance Program 

• $1 million for the Black Cultural Tourism Enhancement Commission. 

• $200,000 for Dept. of State for renovations on Desoto First Christmas Site 

• $5 million to FSU for operations and maintenance of Leon County Civic Center 

• $38.4 million in 2014 FDOT budget Work Plan for Leon County projects (see 

attached sheet) 

• Visit Florida - $20 million boost to the existing Visit Florida budget, 

totaling $74 million. 

• Quick Response Training – Funding to support local workforce board 

employment training was funded at $3 million. 

Attachment #3 

Page 2 of 21 

Governor’s Priorities – Governor Scott won two of his big priorities for the 

session: teacher pay raises and repeal of the $110 million sales tax on 

manufacturing equipment. He is touting his legislative success as he gears up for 

his re-election run in 2014. 

State Workers Pay Raise (PASSED) - State workers earning less than $40,000 

a year will receive a $1,400 raise, and those earning more than $40,000 will 

receive a $1,000 raise, the first for state employees in seven years. A merit bonus of 

up to $400 will be awarded to 35 percent of employees as well. 


Attachment #3 

Page 3 of 21 

Teacher Pay Raises (PASSED) - The budget provides $1 billion more than the 

previous year to education, with $480 million going to local school districts to 

disperse to teachers’ salaries. Early versions of the budget would have put the raises 

off until June 2014, but a late rewrite allows school districts to give out the raises any 

time before then provided they are tied in part to student performance. 

County Medicaid Contribution (PASSED) - Senate and House leadership 

settled on an approach to county Medicaid contributions. The approach replaces the 

current Medicaid county billing methodology with a new cost-sharing system. 

Language was originally in SB 1884 but included in a budget conforming bill, SB 

1520, and will revise the county contribution to Medicaid in the following way: 

• Bases county contribution percentages on 2012-13 actual collections for the first 

two years and then transitions to percentages based on county Medicaid enrollees 

over 5 years. 

o Year 1: Sets the total county contribution at $269.6M using a 100% 

utilization-based formula 

o Year 2: Sets the total county contribution at $277M using a 100% 

utilization-based formula 

o Years 3-7: Grows the total county contribution at 50 percent of growth in 

state Medicaid expenditures and transitions from utilization- to an 

enrollment-based formula. 

• Growth in the total county contribution is 100% of growth in state Medicaid 

expenditures beginning in 2020-21. 

• The transition to county shares based on Medicaid enrollees begins in Fiscal Year 

2015-16 using a weighted approach (80% utilization/20% enrollment, 60% 

utilization/40% enrollment), with the complete transition occurring in Fiscal 

Year 2019-20. 

• Requires the Agency for Health Care Administration to provide an annual data 

report to the Governor, Senate President and Speaker of the House, along with 

the Florida Association of Counties. 

• The report would include information necessary to evaluate the costs and 

utilization of health services by Medicaid enrollees allowing the counties to 

evaluate the new methodology and the effects of Medicaid reforms. 

• The report will allow FAC to develop a workgroup to explore alternative billing 

formulas during the first two years of implementation. 

Compared with estimated payments counties would have collectively made under 

current law, the bill saves counties approximately $40M by FY17/18. 

Desoto Site First Christmas Funding (PASSED) - The Legislature funded 

$200,000 to the Fl. Dept. of State Division of Historical Resources to enhance 

upgrade access and renovate buildings at the Hernando DeSoto winter encampment 

site and site of the First New World Christmas mass. The City’s proposal for an 


Attachment #3 

Page 4 of 21 

additional $560,000 appropriation to acquire buildings adjacent to and on the site 

was not funded. 

Medicaid Expansion (FAILED) - The House refused to concur with a Senate 

plan, endorsed by the Governor, to accept almost $50 billion in federal health care 

funding to expand Medicaid coverage for about 1.2 million poor people. The 

Governor had reversed his opposition to accepting federal dollars, pitting him 

against strong reluctance in the House. The Senate crafted a plan to accept the 

federal funding under a scaled down Kid Care delivery system. The House Speaker’s 

strong opposition to the Governor and Senate position led to a protest by House 

Democrats, who boycotted the decision with a symbolic protest against inaction on 

Medicaid. The Democrats brought House floor action to a virtual standstill by 

utilizing a House parliamentary procedure to require word-for-word reading of every 

bill in the House -- prompting Speaker Will Weatherford, R-Wesley Chapel, to use an 

automated computer system dubbed "Mary" that converted the printed words into 

spoken text. The vast differences in the House and Senate made it clear that no 

Medicaid expansion solution was going to happen this session. Democrats are 

calling on the Governor to call a special session to resolve the issue. 

Pension Reform (FAILED) – Time ran out on proposed changes to Florida 

pension system; the Senate rejected Speaker Weatherford's plan to make new 

employees join a 401(k)-style investment pool. The Senate refused to close the 

traditional "defined benefit" pension system, saying it wasn't broken. House 

Democrats dropped their unified stance against the budget in protest of Republicans’ 

refusal to accept $51 billion in federal funds to provide health insurance to more 

than 1 million Floridians. Some Democrats voted for the budget, noting increases in 

teacher and state worker pay, but others remained steadfastly against the spending 

plan because of the lack of federal funding to expand health care insurance. 

Internet Café Ban (PASSED) – Legislators passed SB 1030/HB 155 early in the 

session to shut down "Internet cafés", the storefront online gambling operations at 

the center of a scandal that cost Lt. Gov. Jennifer Carroll her job on March 12. 

Carroll was not accused of any wrongdoing in the state-federal investigation of 

money laundering and racketeering that led to 57 arrests of Internet café operators. 

Scott said he plans to appoint a new Lieutenant Governor soon after the session. 

Internet Sales Tax – (FAILED) - SB 316 was filed to close Internet sales tax 

loopholes by revising the term "mail order sale" to specifically include online 

purchases from vendors with a "nexus" in the state. Late session concerns from Gov. 

Rick Scott held up legislation that would prompt the collection of a sales tax on 

goods purchased online, sponsors of the measure said this week. Governor Scott 

stated that he would sign a bill that calls on Internet retailers like Amazon to collect 

the 6 percent state sales tax, provided the bill is “revenue neutral,” or contains 

offsetting tax cuts, but changed his position to require the bill to be “family neutral” 

and have a neutral impact on all households in the state. 

Economic Gardening (FAILED) - HB 663 and SB 1012. The companion bills 

that would make permanent the Economic Gardening program utilized successfully 


Attachment #3 

Page 5 of 21 

by the EDC moved through the legislature early in session, but eventually died in late 

committees. The bills removed the word “pilot” from the title of the “Economic 

Gardening Technical Assistance Pilot Program,” effectively making the Technical 

Assistance Program permanent, rather than temporary. The program was still 

funded at $1 million in the budget but remains a pilot program. 

Economic Development Programs (PASSED) - CS/CS/SB 1024- CS/HB 

7007 - Highlights of the bill include: 

Reporting and Evaluations of Economic Development Programs 

• Streamlines the process by which all incentive program applicants are 

evaluated by requiring that all applicants be evaluated for the “economic 

benefits” of the proposed project. 

• Creates a rotating, 3-year review schedule for specified incentives and 

programs to be evaluated by the EDR and the OPPAGA. 

• Consolidates required reports and reporting dates for various economic 

development program reports by the DEO, Enterprise Florida, Inc. (EFI), the 

Office of Film and Entertainment, and Space Florida. 

Florida Small Business Development Center Network 

• Aligns the network’s statewide policies with the statewide strategic economic 

development plan and statewide goals of the university system. 

• Specifies the composition of the network’s statewide advisory board. 

• Specifies the support services offered by the network. 

• Requires the network to provide a match to any direct state appropriation. 

• Requires the network to set up incentives for the regional centers to create 

jobs, institute best practices, and serve new areas of the state or underserved 

areas. 

• Requires regular reporting by the network on programs, services, and 

outcomes, including information on the network’s economic benefits to the 

state. 

Economic Development Incentives 

• Requires the DEO to evaluate each application for economic incentives for the 

economic benefits of the proposed award to the state, and EDR is to review 

and report on the methodology used to calculate the economic benefit. 

• Requires recipients of incentives under the Quick Action Closing Fund and 

the Innovation Incentive Programs to secure the award with a surety bond, 

letter of credit, or other security before any state funds can be disbursed. 

• Provides that the DEO may waive the securitization requirements upon 

certifying specific information, in writing, to the Governor and the 

Legislature. The Legislative Budget Commission must approve any waiver 

granted by the DEO for a project exceeding $5 million. 

Enterprise Zones 

• The bill allows for any enterprise zone that is at least 15 square miles and less 

than 20 square miles and includes a portion of a rural area of critical 


Attachment #3 

Page 6 of 21 

economic concern (RACEC) to expand the boundary of the enterprise zone up 

to 3 miles. Also, any enterprise zone that is at least 20 square miles and 

includes a portion of the state designated as a RACEC to expand the boundary 

of the enterprise zone up to 5 miles. 

Gulf Coast Economic Corridor Language 

• Creates Triumph Gulf Coast, Inc., a nonprofit corporation administratively 

housed within the DEO, to administer and invest certain funds received by the 

state related to the Deepwater Horizon oil spill; 

• Directs Triumph Gulf Coast, Inc., to make awards to projects and programs in 

the 8 disproportionately affected counties that meet certain criteria and 

priorities. 

Economic Development and DEO - SB 406 (PASSED) - CS/SB 406 revises 

and creates various statutory provisions relating to economic development. The bill 

commits future state revenues that will be used to make payments for baseball 

spring training facilities, and other economic incentive programs the original bill: 

• Streamlines the process by which all incentive program applicants are 

evaluated by requiring that all applicants be evaluated for the “economic 

benefits” of the proposed project. 

• Creates a rotating, 3-year review schedule for specified incentives and 

programs to be evaluated by the Office of Economic and Demographic 

Research (EDR) and the Office of Program Policy Analysis and Government 

Accountability (OPPAGA). 

• Consolidates required reports and reporting dates for various economic 

development program reports by the Department of Economic Opportunity 

(DEO), Enterprise Florida, Inc. (EFI), the Office of Film and Entertainment, 

and Space Florida. 

• Requires the DEO to publish project-based information on economic 

development programs provided to businesses on its website in a userfriendly 

format. 

• Creates a new certification process for local governments to receive state 

funds for the construction and renovation of spring training facilities. 

• Specifies the meaning of the term “brownfield” for purposes of the sales tax 

exemption for building materials in redevelopment projects and for the 

brownfield redevelopment bonus refund. 

This bill requires that the DEO evaluate all incentives applications for “economic 

benefits” using a model that will be developed and reviewed by the EDR. The DEO 

and the EDR are permitted to develop an amended definition of “economic benefits” 

from the one defined by s. 288.005, F.S., for the up-front evaluation. The executive 

director of the DEO may not approve an incentives application unless the applicant 

signs a written declaration stating that the applicant has read the information in the 

application and that such information is true, correct, and complete to the best of the 

applicant’s knowledge. 


Attachment #3 

Page 7 of 21 

Florida Business preference in State Procurement (FAILED) - Several bills 

filed to require a “local preference” in construction contracting, SB 684 and HB 

1017, died in committee during the last week of session. The bills would have 

provided a preference in scoring for “local” – meaning “Florida based” businesses- 

defined as: (a) At least 60 percent of the individuals who 13 collectively own the 

business reside in the state; (b) The business's principal place of business has been 

located in the state for at least 1 year. For purposes of this subsection, the term 

"principal place of business" means a fully operational office at which the majority of 

the business's employees and principals are located; and c) At least 60 percent of the 

business's employees reside in the state at the time of contract award. 

Manufacturing and Competitiveness Bill (PASSED) - HB 357 by Rep. 

Boyd provides for local governments to establish programs for approving 

development sites for manufacturing plants. State agencies -- within cities and 

counties with approved programs -- must simultaneously review permit applications 

for air pollution, water use, wetlands, threatened or endangered species and highway 

access. Any additional requests by state agencies for additional information must be 

submitted within 20 days or the application may not be denied. Final agency action 

is required within 60 days for a completed application, which compares to 90 days 

under existing state law. 

Wage theft bill (FAILED) - SB 1216 would set uniform state standards for 

employees to seek compensation when they say they haven't been paid their full 

wages. The bill requires workers to file a claim through the courts and would preempt 

cities and counties other than Miami-Dade from enacting their own laws. The 

bill also provides no criminal penalty for employers. 

“Stand Your Ground” Reform (FAILED)- No change to Florida's "stand your 

ground" gun law, which allows gun owners to use deadly defensive force in a lifethreatening 

situation, or require background checks for gun purchasers. But they did 

approve a bill to prevent mental patients who voluntarily seek treatment from 

getting guns until they are declared competent. 

Voting Reform - The House and Senate approved a compromise extending early 

voting for up to 14 days, not eight, and giving counties more discretion to select 

multiple voting sites. The package went to Gov. Rick Scott for signature in a 27-13 

Senate vote -- with Sen. Bill Montford of Tallahassee the only Democrat voting 

for it. Democrats supported it in the House. 

Environmental Regulation and Permitting - HB 999 passed the Senate 39-1 

after language dealing with wetlands and fertilizer was taken out on May 2. Sen. Joe 

Negron, R-Palm City, cast the only vote against. The amended HB 999 then went 

back to the House where it passed 106-10. The wetlands language had been added to 

the HB 7127 transportation bill but was removed in a delete-everything amendment 

(740626) adopted in the Senate on April 30. 


Schedule for Bill Signings - The Governor has 30 days from when he receives the bill 

from the legislature to sign, veto or allow bills to become law without his signature. 

B. BILLS RELATING TO LEON COUNTY 

BILLS THAT PASSED 

Attachment #3 

Page 8 of 21 

HB 9129 - Relating to America's First Christmas 

• by Beshears 

• Resolution America's First Christmas: Commemorates America's First Christmas 

at Hernando De Soto Winter Encampment Site in Tallahassee in 1539. Effective 

Date: Not Specified 

• ACTION: Adopted by Publication on 4/18/13 

________________ 

HB 537 - Relating to Growth Management 

• by Moraitis CoSponsors: Rogers CS Sponsors: Local & Federal Affairs 

Committee, Economic Development & Tourism Subcommittee 

• General Growth Management: Provides that initiative or referendum process for 

any development order is prohibited; provides that initiative or referendum 

process for any local comprehensive plan amendments & map amendments is 

prohibited; provides exception for initiative or referendum process specifically 

authorized by local government charter provision in effect as of June 1, 2011, for 

certain local comprehensive plan amendments & map amendments; provides 

that certain charter provisions for initiative or referendum process are not 

sufficient; provides legislative intent; provides that certain prohibitions apply 

retroactively. Effective Date: upon becoming a law 

• ACTION: Enrolled Text (ER) Filed 

________________ 

SB 1106 - Relating to Agritourism 

• by Hays CS Sponsors: Rules, Agriculture 

• General Agritourism; Restricting a local government’s ability to regulate 

agritourism activity on agricultural land; limiting the liability of an agritourism 

operator, his or her employer or employee, or the owner of the underlying land 

on which the agritourism activity occurs if certain conditions are met; requiring 

that signs and contracts notify participants of certain inherent risks and the 

assumption of that risk, etc. Effective Date: July 1, 2013 


__________________ 

SB 1106 - Relating to Agritourism 

• by Hays CS Sponsors: Rules, Agriculture 

• General Agritourism; Restricting a local government’s ability to regulate 

agritourism activity on agricultural land; limiting the liability of an agritourism 

operator, his or her employer or employee, or the owner of the underlying land 

on which the agritourism activity occurs if certain conditions are met; requiring 


that signs and contracts notify participants of certain inherent risks and the 

assumption of that risk, etc. Effective Date: July 1, 2013 


__________________ 

SB 674 - Relating to Animal Shelters and Animal Control Agencies 

• by Montford CoSponsors: Evers, Sachs CS Sponsors: Community 

Affairs, Agriculture 

• General Animal Shelters and Animal Control Agencies; Declaring legislative 

priorities relating to the importation and uncontrolled breeding of dogs and cats; 

requiring that each public or private animal shelter, humane organization, or 

animal control agency operated by a humane society or by a county, municipality, 

or other incorporated political subdivision prepare and maintain specified 

records; specifying the information that must be included in the records; 

providing a maximum fee for copies of such records, etc. Effective Date: July 1, 

2013 

• ACTION: Approved by Governor; Chapter No. 2013-032 

__________________ 

HB 999 - Relating to Environmental Regulation 

• by Patronis, Peters CoSponsors: Albritton, Combee, Hager, Pilon, Rooney CS 

Sponsors: Agriculture & Natural Resources Subcommittee 

• General Environmental Regulation: Creates, amends, & revises numerous 

provisions relating to: development permit applications; marinas, boatyards, & 

marine retailers; general permits for special events; well permits; exemptions 

from permits, fees & related environmental requirements & regulation; regional 

water supply planning; agricultural water supply demand projections; major 

sources of air pollution; water quality testing, sampling, collection, & analysis; & 

restoration of seawalls. Effective Date: July 1, 2013 


________________ 

SB 1830 - Relating to Ad Valorem Taxation 

• by Appropriations 

• General Ad Valorem Taxation; Providing that the postmark date of commercial 

mail delivery service is considered the date of filing for certain ad valorem 

applications or returns; providing that a change of ownership for purposes of 

assessing property at just value does not apply to lessees entitled to the 

homestead; providing that aquacultural crops are exempt from taxation until 

marketable; deleting the express requirement that titleholders of homesteads live 

on the homestead in order to qualify for homestead tax exemption, etc. Effective 

Date: July 1, 2013 


__________________ 

HB 579 - Relating to Natural Gas Motor Fuel 

• by Ray CoSponsors: Baxley, Dudley, Raburn, Stone CS Sponsors: Energy & 

Utilities Subcommittee 

Attachment #3 

Page 9 of 21 


Attachment #3 

Page 10 of 21 

• General Natural Gas Motor Fuel: Deletes definitions for terms "alternative fuel" & 

"natural gasoline"; repeals provisions relating to annual decal fee program for 

motor vehicles powered by alternative fuels; repeals provisions relating to 

requirements for alternative fuel retailer licenses; establishes requirements for 

natural gas fuel retailer licenses; provides penalties for certain licensure 

violations; provides calculations for motor fuel equivalent gallon; provides for 

levy of natural gas fuel tax; authorizes DOR to adopt rules; establishes 

requirements for monthly reports of natural gas fuel retailers; provides that 

reports are made under penalties of perjury; allows natural gas fuel retailers to 

seek deduction of tax levied under specified conditions; provides exemptions & 

refunds from natural gas fuel tax; revises provisions relating to State Alternative 

Fuel User Fee Clearing Trust Fund; terminates Local Alternative Fuel User Fee 

Clearing Trust Fund within DOR; expands use of local government infrastructure 

surtax to include installation of systems for natural gas fuel; provides exemption 

from taxes for natural gas fuel. Effective Date: January 1, 2014 


_________________ 

HB 21 - Relating to Background Screening for Noninstructional Contractors 

on School Grounds 

• by Perry CoSponsors: Fresen, Porter, Raburn 

• General Background Screening for Noninstructional Contractors on School 

Grounds: Requires DOE to create uniform, statewide identification badge to be 

worn by noninstructional contractors signifying that contractor has met specified 

requirements; requires school district issuance & recognition of identification 

badge. Effective Date: July 1, 2013 


_________________ 

SB 406 - Relating to Economic Development 

• by Gardiner CoSponsors: Benacquisto 

• General Economic Development; Establishing the Economic Development 

Programs Evaluation; requiring the Office of Economic and Demographic 

Research and the Office of Program Policy Analysis and Government 

Accountability to present the evaluation; requiring the offices to provide an 

analysis of certain economic development programs and specifying a schedule; 

limiting the office’s evaluation for the purposes of tax credits, tax refunds, sales 

tax exemptions, cash grants, and similar programs; revising the date on which 

the Department of Economic Opportunity and Enterprise Florida, Inc., are 

required to report on the business climate and economic development in the 

state, etc. Upon becoming a law. 


_________________ 

HB 155 - Relating to Prohibition of Electronic Gambling Devices 

• by Trujillo, Patronis CoSponsors: Fasano, Cummings 

• General Prohibition of Electronic Gambling Devices: Creates "Electronic 

Gambling Prohibition & Community Protection Act"; transfers administration & 


enforcement of provisions relating to game promotions from DACS to DBPR; 

revises provisions relating to drawings by chance offered by nonprofit 

organizations, exceptions to prohibitions on lotteries, & procedures for operation 

of game promotion; prohibits use of certain devices operated by drawing 

entrants. Effective Date: upon becoming a law 


_____________________ 

HB 569 - Relating to Florida Election Code 

• by Schenck CS Sponsors: Appropriations Committee, Ethics & Elections 

Subcommittee 

• General Florida Election Code: Repeals provisions relating to certification & 

political activities of CCEs; prohibits CCE from accepting contribution after 

certain date; provides for revocation of certification of each CCE on certain date; 

requires Division of Elections to provide certain notifications to CCEs; requires 

that tickets or advertising for campaign fund raiser must meet certain 

requirements; revises reporting requirements for candidates, political 

committees, & electioneering communications organizations; revises limitations 

on campaign contributions; revises information required on bank account 

checks; provides for retention of surplus campaign funds by candidate for 

specified purposes; provides reporting requirements for surplus campaign funds; 

provides for disposition of such funds; directs Division of Elections to submit 

proposal to Legislature for mandatory statewide electronic filing system. Effective 

Date: November 1, 2013 


____________________ 

SB 50 - Relating to Public Meetings 

• by Negron, CoSponsors: Evers CS Sponsors: Rules, Governmental Oversight and 

Accountability 

• General Public Meetings: Requires that member of public be given reasonable 

opportunity to be heard before board or commission takes official action on 

proposition before board or commission of state agency or authority or of agency 

or authority of county, municipal corporation, or political subdivision; provides 

that opportunity to be heard is subject to rules or policies adopted by board or 

commission; specifies certain exceptions; provides requirements for rules or 

policies governing opportunity to be heard; provides that compliance with 

requirements of act is presumed under certain circumstances; authorizes court to 

assess reasonable attorney fees in actions filed against board or commission; 

provides that any action taken by board or commission which is found in 

violation of act is not void; provides that circuit courts have jurisdiction to issue 

injunctions for purposes of act. 


___________________ 

SB 0520 - Relating to Emergency Medical Services 

• by Bradley 

Attachment #3 

Page 11 of 21 


Attachment #3 

Page 12 of 21 

• General Emergency Medical Services; Deleting a requirement that emergency 

medical technicians, paramedics, and 911 public safety telecommunicators 

complete an educational course on HIV and AIDS; revising requirements for the 

certification and recertification of emergency medical technicians and 

paramedics; revising requirements for institutions that conduct approved 

programs for the education of emergency medical technicians and paramedics, 

etc. Effective Date: July 1, 2013 


_____________________ 

SB 220 - Relating to Capital Collateral Regional Counsel Trust Fund/Justice 

Administrative Commission 

• By Bradley 

• Trust Fund/Gen. Capital Collateral Regional Counsel Trust Fund/Justice 

Administrative Commission; Re-creating the Capital Collateral Regional Counsel 

Trust Fund within the Justice Administrative Commission without modification; 

abrogating provisions relating to the scheduled termination of the trust fund, to 

conform, etc. Effective Date: July 1, 2013 

• ACTION: Approved by Governor; Chapter No. 2013-012 on 4/10/13 

______________________ 

HB 1285 - Relating to Tallahassee-Leon County Civic Center Authority, Leon 

County 

• By Williams 

• Local Tallahassee-Leon County Civic Center Authority, Leon County: Abolishes 

Tallahassee-Leon County Civic Center Authority; repeals provisions for 

authority's charter; designates Tallahassee-Leon County Civic Center as "Donald 

L. Tucker Civic Center"; provides for erection of suitable markers; requires 

DBPR's Division of Alcoholic Beverages & Tobacco to issue beverage license to 

FSU or its designee; transfers all assets & liabilities of authority to FSU. Effective 

Date: upon becoming a law 


______________________ 


• by Moraitis 

• General Growth Management: Clarifies prohibition on initiative or referendum 

process in regard to development orders; clarifies prohibition on initiative or 

referendum process in regard to comprehensive plan amendments & map 

amendments; clarifies that exception to prohibition on initiative or referendum 

process in regard to any local comprehensive plan amendment or map 

amendment is limited to local government charter provision in effect on June 1, 

2011, that specifically authorized initiative or referendum process for local 

comprehensive plan or map amendments that affect more than five parcels of 

land; provides legislative intent; provides for retroactive application; provides for 

retroactive repeal of s. 4 of chapter 2012-75, Laws of Florida, relating to 

presumption regarding agricultural enclaves. Effective Date: upon becoming a 

law. 



_____________________ 

Attachment #3 

Page 13 of 21 

HB 357 - Relating to Manufacturing Development 

• by Boyd CoSponsors: Combee CS Sponsors: Economic Development & Tourism 

Subcommittee 

• General Manufacturing Development: Authorizes local governments to establish 

local manufacturing development program that provides for master development 

approval for certain sites; requires DEO to develop model ordinance containing 

specified information & provisions; requires local manufacturing development 

program ordinance to include certain information; requires department, in 

cooperation with participating agencies, to establish manufacturing development 

coordinated approval process for certain manufacturers; requires department to 

convene meeting when requested by certain manufacturer; requires participating 

agencies to attend meetings convened by department; specifies that department 

is not required, but is authorized, to mediate between participating agencies & 

manufacturer; requires that coordinated approval process have no effect on 

department's approval of economic development incentives; provides for 

applicability with respect to permit applications governed by federally delegated 

or approved permitting programs; requires department to develop materials that 

identify local manufacturing development programs; requires Enterprise Florida, 

Inc., & authorizes other state agencies, to distribute such material. Effective Date: 

July 1, 2013 


__________________ 

HB 1145 - Relating to State-Owned or State-Leased Space 

• by La Rosa CS Sponsors: Government Operations Subcommittee 

• General State-Owned or State-Leased Space: Revises provisions relating to 

inventory of state-owned facilities; clarifies that deeds may be signed by agents of 

Board of Trustees of Internal Improvement Trust Fund; revises provisions 

relating to decisions by board to surplus lands; revises responsibilities of DMS 

with respect to state-owned buildings; authorizes state agencies to use services of 

tenant broker to provide certain information; requires all state-owned facilities to 

report energy consumption and cost data. Effective Date: July 1, 2013 


___________________ 


• by Moraitis CoSponsors: Rogers CS Sponsors: Local & Federal Affairs 

Committee, Economic Development & Tourism Subcommittee 

• General Growth Management: Clarifies prohibition on initiative or referendum 

process in regard to development orders; clarifies prohibition on initiative or 

referendum process in regard to comprehensive plan amendments & map 

amendments; clarifies that exception to prohibition on initiative or referendum 

process in regard to any local comprehensive plan amendment or map 

amendment is limited to local government charter provision in effect on June 1, 

2011, that specifically authorized initiative or referendum process for local 


comprehensive plan or map amendments that affect more than five parcels of 

land; provides legislative intent; provides for retroactive application; provides for 

retroactive repeal of s. 4 of chapter 2012-75, Laws of Florida, relating to 

presumption regarding agricultural enclaves. Effective Date: upon becoming a 

law 


____________________ 

SB 1594 - Relating to Guaranteed Energy, Water, and Wastewater 

Performance Savings Contracting Act 

• by Bradley CS Sponsors: Communications, Energy, and Public Utilities 

• General Guaranteed Energy, Water, and Wastewater Performance Savings 

Contracting Act; Revising the terms “agency,” “energy, water, and wastewater 

efficiency and conservation measure,” and “energy, water, or wastewater cost 

savings”; providing that a contract may provide for repayments to a lender of an 

installation construction loan in installments for a period not to exceed 20 years; 

authorizing certain facility alterations to be included in a performance contract 

and to be supervised by the performance savings contractor, etc. Effective Date: 

July 1, 2013 


BILLS THAT DIED 

Attachment #3 

Page 14 of 21 

SB 584 - Relating to Purchase of Land by a Governmental Entity 

• by Hays CoSponsors: Evers 

• General Purchase of Land by a Governmental Entity; Limiting the state, a county, 

or a municipality’s ability to purchase land for conservation purposes, etc. 

Effective Date: July 1, 2013 

• ACTION: Died in Environmental Preservation and Conservation 

__________________ 

HB 321 - Relating to Community Development 

• by La Rosa CoSponsors: Adkins, Hutson CS Sponsors: Finance & Tax 

Subcommittee, Economic Development & Tourism Subcommittee 

• General Community Development: Authorizes boards of county commissioners 

to include certain commercial developments in lease agreements related to 

professional sports franchise facilities; prohibits local government from applying 

transportation concurrency or requiring proportionate-share contribution or 

construction for new business development for specified period; provides 

exception; provides for extension of prohibition under certain conditions; 

prohibits certain counties, municipalities, & special districts from imposing 

certain new or existing impact fees for specified period; provides exception; 

provides for extension of prohibition under certain conditions; provides for 

future expiration. Effective Date: July 1, 2013 

• ACTION: Died in Community Affairs 


SIMILAR BILLS 

SB 1716 - Relating to Growth Management 

• by Garcia CS Sponsors: Community Affairs 

• General Growth Management; Prohibiting a local government from applying 

transportation concurrency or requiring proportionate-share contribution or 

construction for new business development for a specified period; providing for 

an extension of the prohibition under certain conditions; providing for future 

expiration; prohibiting certain counties, municipalities, and special districts from 

imposing certain new or existing impact fees for a specified period; providing for 

an extension of the prohibition under certain conditions, etc. Effective Date: July 

1, 2013 

• ACTION: Died in Education 

________________ 

HB 721 - Relating to Professional Sports Franchise Facilities 

• by Cummings, Davis CoSponsors: Fullwood, Hutson, Jones 

(M), McBurney, Porter, Ray, Renuart, Van Zant CS Sponsors: Finance & Tax 

Subcommittee 

• General Professional Sports Franchise Facilities: Authorizes applicant previously 

certified as facility for new or retained professional sports franchise to receive 

additional certification under certain circumstances, & to receive monthly 

distribution of specified amount of sales tax revenues, to acquire, construct, 

reconstruct, or renovate facility. Effective Date: upon becoming a law 

• ACTION: Died in Economic Affairs Committee 

SIMILAR BILLS 

Attachment #3 

Page 15 of 21 

SB 922 - Relating to Professional Sports Franchise Facilities 

• by Bradley CoSponsors: Bean, Dean, Gibson, Thrasher CS Sponsors: Commerce 

and Tourism 

• General Professional Sports Franchise Facilities; Authorizing an applicant 

previously certified as a facility for a new or retained professional sports franchise 

to receive an additional certification under certain circumstances, and to receive 

an additional monthly distribution of a specified amount of sales tax revenues to 

improve the condition of the facility to meet or exceed certain facility standards; 

requiring the Department of Economic Opportunity to notify the Department of 

Revenue of applicants that receive an additional certification, etc. Effective Date: 

Upon becoming a law. 

• ACTION: Died in Appropriations Subcommittee on Finance and Tax 

________________ 

SB 1634 - Relating to Legislative Lobbying Expenditures 

• by Lee (T) CoSponsors: Joyner CS Sponsors: Ethics and Elections 

• General Legislative Lobbying Expenditures; Amending s. 11.045, F.S., and 

reenacting subsections (4)-(8), relating to lobbying before the Legislature; 

revising the term “expenditure” to exclude the use of a public facility or public 

property that is made available by a governmental entity to a legislator for a 


public purpose, to exempt such use from legislative lobbying requirements; 

providing exceptions when a member or an employee of the Legislature may 

accept certain expenditures made by a lobbyist or a principal; providing for the 

future expiration and the reversion as of a specified date of statutory text, etc. 


• ACTION: Died in Judiciary 

SIMILAR BILLS 

Attachment #3 

Page 16 of 21 

SB 544 - Relating to Legislative Lobbying Expenditures 

• by Braynon CS Sponsors: Rules, Ethics & Elections Subcommittee 

• General Legislative Lobbying Expenditures; Amending and reenacting provisions 

relating to lobbying before the Legislature; revising the term “expenditure” to 

exclude the use of a public facility or public property that is made available by a 

governmental entity to a legislator for a public purpose, to exempt such use from 

legislative lobbying requirements; providing exceptions when a member or an 

employee of the Legislature may accept certain expenditures made by a lobbyist 

or a principal; providing for the future expiration and the reversion as of a 

specified date of statutory text, etc. Effective Date: July 1, 2013 

• ACTION: Died In Judiciary 

___________________ 

SB 538 - Relating to Special Districts 

• by Ring, Negron CS Sponsors: Community Affairs 

• General Special Districts; Requiring certain single-county independent special 

districts to administratively consolidate with the municipality or county in which 

they are located if such consolidation will result in increased efficiencies; limiting 

the insurance benefits of district officers and employees to the benefits provided 

by the local governing authority to its officers and employees; revising the 

information that must be presented by a community development district to the 

local governing authority and requiring the information to be provided at a 

publicly noticed meeting, etc. Effective Date: July 1, 2013 

• ACTION: Died in Ethics and Elections 

__________________ 

SB 316 - Relating to Taxes 

• by Detert CoSponsors: Margolis CS Sponsors: Commerce and Tourism 

• General Taxes; Reducing the tax rate applied to the sale of communications 

services; reducing the tax rate applied to retail sales of direct-to-home satellite 

services; revising the term “mail order sale” to specifically include sales of 

tangible personal property ordered through the Internet; providing that certain 

persons who make mail order sales and who have a nexus with this state are 

subject to this state’s power to levy and collect the sales and use tax when they 

engage in certain enumerated activities, etc. Effective Date: July 1, 2013 

• ACTION: Died in Appropriations 

____________________ 

HB 663 - Relating to Economic Gardening Technical Assistance Program 


• by Hudson CoSponsors: Combee, Porter CS Sponsors: Economic Development & 

Tourism Subcommittee 

• General Economic Gardening Technical Assistance Program: Expands Economic 

Gardening Technical Assistance Pilot Program into statewide program; requires 

DEO to contract with Florida Economic Gardening Institute at University of 

Central Florida to administer program; revises & provides eligibility 

requirements for program; provides definitions; conforms references to 

Economic Gardening Technical Assistance Pilot Program to changes made by act. 


• ACTION: Died in Commerce and Tourism 

SIMILAR BILLS 

Attachment #3 

Page 17 of 21 

SB 1012 - Relating to Economic Gardening Technical Assistance Program 

• by Hays 

• General Economic Gardening Technical Assistance Program; Expanding the 

Economic Gardening Technical Assistance Pilot Program into a statewide 

program; requiring the Department of Economic Opportunity to contract with 

the Florida Economic Gardening Institute at the University of Central Florida to 

administer the program, etc. APPROPRIATION: $2,000,000 Effective Date: July 

1, 2013 


_________________ 

SB 572 - Relating to Reporting Requirements for Economic Development 

Programs 

• by Sobel CoSponsors: Gibson CS Sponsors: Commerce and Tourism 

• General Reporting Requirements for Economic Development Programs; 

Requiring the Department of Economic Opportunity to publish on a website 

specified information concerning state investment in economic development 

programs; requiring the Office of Economic and Demographic Research to 

provide a description of specified methodology and formulas to the department 

and the department to publish the description on its website within a specified 

period; requiring the department to annually publish information relating to the 

progress of Quick Action Closing Fund projects, etc. Effective Date: October 1, 

2013 


_________________ 

SB 316 - Relating to Taxes 

• by Detert CoSponsors: Margolis CS Sponsors: Commerce and Tourism 

• General Taxes; Reducing the tax rate applied to the sale of communications 

services; reducing the tax rate applied to retail sales of direct-to-home satellite 

services; revising the term “mail order sale” to specifically include sales of 

tangible personal property ordered through the Internet; providing that certain 

persons who make mail order sales and who have a nexus with this state are 

subject to this state’s power to levy and collect the sales and use tax when they 

engage in certain enumerated activities, etc. Effective Date: July 1, 2013 


____________________ 


Attachment #3 

Page 18 of 21 

SB 518 - Relating to Economic Business Incentives 

• by Hukill 

• General Economic Business Incentives; Revising the sales tax exemption from 

the sales tax for certain business purchases of industrial machinery and 

equipment and spaceport activities; deleting the limitation on the maximum 

amount of tax refunds a business may receive under the qualified defense 

contractor and space flight business tax refund program; deleting the limitation 

on the maximum amount of tax refunds a business may receive under the tax 

refund program for qualified target industry businesses; revising requirements 

relating to the review, approval, and award of funds under the Innovation 

Incentive Program, etc. Effective Date: Except as otherwise expressly provided in 

this act, and except for this section which shall take effect upon becoming law, 

this act shall take effect July 1, 2014. 

• ACTION: Died on Calendar 

____________________ 

SB 1180 - Relating to State Employee Salaries 

• by Soto 

• General State Employee Salaries; Citing this act as the “State Employee Fairness 

Act”; providing a competitive pay adjustment for state employees, etc. 

APPROPRIATION: Indeterminate Effective Date: July 1, 2013 

• ACTION: Died in Governmental Oversight and Accountability 

_____________________ 

SB 1244 - Relating to County Contributions to the Medicaid Program 

• by Soto 

• General County Contributions to the Medicaid Program; Creating a study group 

to evaluate the percentage of funds that counties are required to contribute to the 

Medicaid program; requiring that the study group provide recommendations to 

the Governor and Legislature, etc. Effective Date: July 1, 2013 

• ACTION: Died in Health Policy 

_______________________ 

SB 684 - Relating to Preference in Award of State Contracts 

• by Hays 

• General Preference in Award of State Contracts; Expanding provisions that 

require an agency, university, college, school district, or other political 

subdivision of the state to provide preferential consideration to a Florida business 

in awarding competitively bid contracts to purchase personal property to include 

the purchase of construction services; requiring counties and municipalities to 

provide such preferential consideration; providing that for specified competitive 

solicitations the authority to grant preference supersedes any local ordinance or 

regulation that restricts specified contractors from competing for an award based 

upon certain conditions, etc. Effective Date: July 1, 2013 

• ACTION: Died in Community Affairs 


_______________________________________________________ 

SB 1392 Relating to Retirement 

• By Simpson 

• Retirement; Providing that a member initially enrolled in the Florida Retirement 

System after a certain date is vested in the pension plan after 10 years of 

creditable service; prohibiting members of the Elected Officers’ Class from 

joining the Senior Management Service Class after a specified date; requiring 

certain employees initially enrolled in the Florida Retirement System on or after 

a specified date to be compulsory members of the investment plan; authorizing 

certain employees to elect to participate in the pension plan, rather than the 

default investment plan, within a specified time, etc. Effective Date: January 1, 

2014 

• ACTION: Temporarily Postponed on Second Reading 

Compare Bills 

HB 7011 - Relating to Florida Retirement System 

• by Government Operations Subcommittee, Brodeur 

• ACTION: Received; Referred to Governmental Oversight and Accountability; 

Community Affairs; Appropriations on 4/03/13 

____________________ 

HB 203 - Relating to Agricultural Lands 

• by Beshears 

CoSponsors: Adkins, Albritton, Caldwell, Combee, Edwards, Raburn, Raschein, V 

an Zant CS Sponsors: Local & Federal Affairs Committee, Agriculture & Natural 

Resources Subcommittee 

• General Agricultural Lands: Prohibits governmental entity from adopting or 

enforcing any prohibition, restriction, regulation, or other limitation or from 

charging fee on specific activity of bona fide farm operation on land classified as 

agricultural land under certain circumstances. Effective Date: July 1, 2013 

• ACTION: Referred to Agriculture; Environmental Preservation and 

Conservation; Appropriations Subcommittee on Finance and Tax; 

Appropriations 

SIMILAR BILLS 

Attachment #3 

Page 19 of 21 

SB 1190 - Relating to Agricultural Lands 

• by Brandes 

• General Agricultural Lands; Prohibiting a governmental entity from adopting or 

enforcing any prohibition, restriction, regulation, or other limitation or from 

charging a fee on a specific agricultural activity of a bona fide farm operation on 

land classified as agricultural land under certain circumstances, etc. Effective 

Date: July 1, 2013 

• ACTION: Placed on Special Order Calendar for April 29, 2013 - If Received 


_______________ 

HB 1193 - Relating to Taxation Of Property 

• by Beshears, Raburn CoSponsors: Albritton, Edwards, Steube CS Sponsors: State 

Affairs Committee 

• General Taxation Of Property: Deletes authorization for value adjustment board 

upon its own motion to review lands classified by property appraiser as 

agricultural or nonagricultural; deletes requirement that property appraiser must 

reclassify as nonagricultural certain lands that have been zoned to 

nonagricultural use; deletes authorization for board of county commissioners to 

reclassify as nonagricultural certain lands that are contiguous to urban or 

metropolitan development; deletes evidentiary presumption that land is not 

being used primarily for bone fide agricultural purposes if it is purchased for 

certain amount above its agricultural assessment; deletes authorization for value 

adjustment board upon its own motion to review property granted or denied 

classification by property appraiser as historic property that is being used for 

commercial or certain nonprofit purposes; deletes authorization for value 

adjustment board upon its own motion to review land granted or denied highwater 

recharge classification by property appraiser; deletes authorization for 

value adjustment board to review property tax exemptions upon its own motion 

or motion of property appraiser & deletes certain notice requirements relating to 

review of such exemptions; provides for retroactive application. Effective Date: 

upon becoming a law 

• ACTION: Placed on Special Order Calendar for 04/26/13 

SIMILAR BILLS 

SB 1200 - Relating to Taxation of Property 

• by Simpson 

• General Taxation of Property; Deleting authorization for a value adjustment 

board upon its own motion to review lands classified by a property appraiser as 

agricultural or nonagricultural; deleting a requirement that the property 

appraiser must reclassify as nonagricultural certain lands that have been zoned to 

a nonagricultural use; deleting authorization for a value adjustment board upon 

its own motion to review property granted or denied classification by a property 

appraiser as historic property that is being used for commercial or certain 

nonprofit purposes, etc. Effective Date: Upon becoming a law and apply 

retroactively to January 1, 2012. 

• ACTION: Placed on Special Order Calendar for April 29, 2013 - If Received 

_________________ 

HB 391 - Relating to Exemptions from Tax On Sales, Use, & Other 

Transactions 

• by Magar CoSponsors: Ahern, Combee, Renuart, Rodrigues 

(R), Rooney, Santiago 

• General Exemptions from Tax On Sales, Use, & Other Transactions: Revises 

limitations, conditions, criteria, & definitions relating to exempting certain 

Attachment #3 

Page 20 of 21 


usiness purchases of industrial machinery & equipment from sales tax; exempts 

from sales tax industrial machinery purchased for exclusive use in spaceport 

activities or use in businesses that manufacture, process, compound, or produce 

for sale items of tangible personal property at fixed locations; deletes limitations 

& restrictions relating to exemption for machinery & equipment used under 

federal procurement contract. Effective Date: upon becoming a law 

• ACTION: Bill to be Discussed During the Office of EDR's Revenue Estimating 

Impact Conference, 04/19/13, 9:00 am, 117 K (No Votes Will Be Taken) 

Contact Information: 

Dr. Jeffrey Sharkey 

Capitol Alliance Group 

106 E. College Ave. Suite 640 


(850)224-1660 

Dr. Jeff Sharkey – jeff@capitolalliancegroup.com 

Attachment #3 

Page 21 of 21 


Commissioners 

BILL PROCfOR 

District 1 

JANE G. SAULS 

District 2 

JOHN DAILEY 

District 3 

BRYAN DESLOGE 

District 4 

KRISTIN DOZIER 

District 5 

MARY ANN LINDLEY 

At-Large 

NICK MADDOX 

At-Large 

VINCENT S. LONG 


HERBERT W.A. THIELE 


Leon County 


30 I South Monroe Street, Tullahussee, Floridu 3230 I 

(850) 606-5302 www·.Ieoncountyfl.gov 

March 27,2013 

Governor Rick Scott 

Executive Office of the Governor 

400 S. Monroe Street 


President Don Gaetz 

409, The Capitol 



Speaker Will Weatherford 

420, The Capitol 



Dear Governor Scott, President Gaetz, and Speaker Weatherford: 

Attachment #4 

Page 1 of 3 

On behalf of the Leon County Board of County Commissioners, I would like to offer the 

attached Resolution regarding the County's position on endorsing and supporting an acrossthe-board 

pay raise for state of Florida employees. 

Leon County has 20,961 state employees, who are our family, neighbors, and friends. Their 

success enhances the quality of life for all Leon County residents. As such, the declining real 

income of our state employee workforce hinders our entire local economy. An across-theboard 

increase for state employees will have broad benefits for our community, resulting 

millions of dollars in additional income and greater purchasing power of our residents. This 

will significantly enhance our local businesses and, in tum, create more private sector jobs. 

The proposed Resolution respectfully urges the Florida Legislature to grant an across-the-board 

salary increase for state employees. 

If you have any questions or comments concerning the aforementioned positions, please 

contact Cristina Paredes, Intergovernmental Affairs and Special Projects Coordinator 

aredesc leoncount fl. ov). 

cc: Leon County Legislative Delegation 




Ken Morris, Director of Economic Development and Business Partnerships 

Cristina Paredes, Intergovernmental Affairs and Special Projects Coordinator 

Jeff Sharkey, Capitol Alliance Group 

Jeanette Wynn, President, American Federation of State, County, and Municipal 

Employees 


"People Focused. Performance Driven."

RESOLUTION NO. 13-.flB._ 

Attachment #4 

Page 2 of 3 

A RESOLUTION OF THE 

BOARD OF COUNTY COMMISSIONERS OF LEON COUNTY, FLORIDA, 

ENDORSING AND SUPPORTING AN ACROSS- THE-BOARD PAY RAISE FOR 

STATE OF FLORIDA EMPLOYEES 

Whereas, the state of Florida is the largest employer in the Leon County employing 

over 20,000 individuals; and 

Whereas, these individuals are our family members, neighbors, and friends, and their 

success enhances the quality of life for all residents; and 

Whereas, state workers have not received a general pay ra1se or cost of living 

adjustment in six years; and 

Whereas, Florida is the fourth largest state in nation, yet ranks last in the number of 

state employees per 10,000 residents and in the amount of labor cost for state public services; 

and 

Whereas, state workers are a critical component to the financial stability of Leon 

County's local economy; and 

Whereas, a salary increase for state employees will result in millions of dollars being 

invested in our community and will provide a direct benefit to our business community, our 

local economy, and to our citizens: and 

Whereas, state workers are deserving of a pay increase as exemplified by their hard 

work and service to our community and the state of Florida. 


Attachment #4 

Page 3 of 3 

Now, Therefore, Be It Resolved, due to the positive economic impact upon the Leon 

County and the improvement in the quality of life for the Leon County's residents, the Board 

of County Commissioners of Leon County, Florida respectfully urges the Florida Legislature 

to grant a salary increase for all state employees for the upcoming fiscal year. 

This resolution shall take effect immediately upon its adoption. 

DONE, ADOPTED, AND PASSED by the Board of County Commissioners of Leon 

County, Florida, this 12th day ofMarch, 2013. 

ATTESTED BY: 


. A. Thiele, Esq. 






Title: Rules of Procedure for Meetings of the Leon County Board of County 

Commissioners 

Date Adopted: March 13, 2012 

Effective Date: March 13, 2012 

Reference: Robert’s Rules of Order Revised 

1.08.1 

Policy Superseded: Policy No. 01-05, “Rules of Procedure for Meetings of the Leon County 

Board of County Commissioners,” revised December 8, 2009; Policy No. 01- 

05, “Rules of Procedure for Meetings of the Leon County Board of County 

Commissioners,” revised January 9, 2007; Policy No. 01-05, “Rules of 

Procedure for Meetings of the Leon County Board of County 

Commissioners,” revised March 28, 2006; Policy No. 01-05, “Rules of 


Commissioners,” revised December 14, 2004; Policy No. 01-05, “Rules of 


Commissioners,” revised September 17, 2002; Policy No. 01-05, “Rules of 


Commissioners,” revised January 13, 2004; Policy No. 92-11, “Citizen 

Inquiry Processing,” adopted September 8, 1992 

It shall be the policy of the Board of County Commissioners of Leon County, Florida, that a revised 

Policy No. 01-05 is hereby adopted. It is the policy of the Leon County Board of County 

Commissioners that these Rules of Procedure shall govern all official meetings of the Board of 

County Commissioners. The members of the Board, County Administrator, County Attorney, staff, 

and the public shall adhere to these rules, to wit: 

I. Governing Rules. 

Except as may be provided by these rules or by law, questions of order, the methods of 

organization and the conduct of business of the Board shall be governed by Robert’s Rules of 

Order Revised in all cases in which they are applicable. 

II. Open to the Public. 

Attachment #6 

Page 1 of 11 

A. Meetings Open to Public. All meetings of the Leon County Board of County 

Commissioners shall be open to the public in accordance with the Florida 

Government in the Sunshine Law, Section 286.011, Florida Statutes. 

Page 1 of 11 


Attachment #6 

Page 2 of 11 

Rules of Procedure for Meetings of the Board of County Commissioners 1.08.01 


B. Exempt Meetings. The exception shall be those meetings statutorily exempt, such as 

executive collective bargaining sessions, Section 447.605(1), F.S., meetings 

regarding risk management claims, Section 768.28(15), F.S., and litigation meetings 

pursuant to Section 286.011(8) F.S. The Board shall follow all statutory 

requirements for exempt meetings. 

C. Seating Capacity. Due to the need to comply with seating capacity requirements of 

the Fire Code, there may be occasions when entrance by the public to the 

Commission Chambers or other meeting rooms shall be limited. 

D. Accessibility. All meetings of the Commission will be conducted in a publicly 

accessible building. 

E. Signs, Placards, Banners. For public safety purposes, no signs or placards mounted 

on sticks, posts, poles or similar structures shall be allowed in County Commission 

meeting rooms. Other signs, placards, banners, shall not disrupt meetings or interfere 

with others’ visual rights. 

III. Quorum. 

A. Quorum. A majority of the entire Board shall constitute a quorum. No ordinance, 

resolution, policy, or motion shall be adopted by the Board without the affirmative 

vote of the majority of the members present or, if required by the Florida Statutes, an 

extraordinary majority vote of the members present. 

B. Remaining in Chambers. During a Board meeting, Commissioners should remain in 

the Chambers at all times unless an emergency or illness should occur. 

Commissioners present in the meeting should not absent themselves for a particular 

item. 

C. Participation by Absent Commissioner: Upon the determination by a majority of the 

Board of County Commissioners present in the Commission Chambers and voting, 

that extraordinary circumstances exist to justify the absence of any County 

Commissioner from said meeting, and assuming a quorum of the Board of County 

Commissioners is otherwise present, the Board may allow the participation of the 

physically absent County Commissioner. The physically absent Commissioner may 

not vote on any motion authorizing such participation. The physically absent Count 

Commissioner must take all steps necessary to provide an interactive communication 

between the County Commission meeting location and the location of the physically 

absent County Commissioner, and at a minimum must provide interactive voice 

communication, but should also endeavor to provide interactive video 

communication whenever possible. In instances in which the physically absent 

County Commissioner participates in the meeting, this Commissioner shall also be 

allowed to cast his/her vote, but only to the extent that the physically active County 

Commissioner’s vote does not break a tie vote of those Commissioner present in 

Commissioner Chambers and voting. The decision of the Board of County 

Commissioners shall take place before the subject meeting, preferably at a prior 

meeting, and shall be based upon the facts and circumstances of each such request. 

Page 2 of 11 


Attachment #6 

Page 3 of 11 



D. Conflict of Interest. Any member of the Commission who announces a conflict of 

interest on a particular matter pursuant to Section 112.3143 or Section 286.012, 

Florida Statutes, and decides to refrain from voting or otherwise participating in the 

proceedings related to that matter, shall be deemed present for the purpose of 

constituting a quorum. 

E. Loss of Quorum. In the event that a Commissioner is required to depart a Board 

meeting prior to adjournment, and the departure causes a loss of quorum, no further 

official action may be taken until or unless a quorum is restored, other than 

adjournment. 

F. No Quorum. Should no quorum attend within 30 minutes after the hour appointed 

for the meeting of the Commission, or upon a meeting having commenced with a 

quorum, which quorum shall have been lost, the Chair or the Vice Chair, or in their 

absence, another Commissioner, in order of seniority, shall adjourn the meeting. The 

names of the members present and their action at such meeting shall be recorded in 

the minutes by the Clerk. 

IV. Presiding Officer. 

A. Chairman. The Presiding Officer is the Chairman of the Leon County Board of 

County Commissioners. The Chairman presides at all meetings of the Board. The 

Chairman’s responsibilities shall include, but not be solely limited to: 

1. Open the meeting at the appointed time and call the meeting to order, having 

ascertained that a quorum is present. 

2. Announce the business to come before the Board, in accordance with the 

prescribed order of business. 

3. Recognize all Commissioners, the County Administrator, and the County 

Attorney, who seek the floor under correct procedure. All questions and 

comments are to be directed through the Chairman and restated by him or 

her, and he or she declares all votes. The Chairman shall repeat every motion 

and state every question coming before the Commission, and announce the 

decision of the Commission on all matters coming before it. 

4. Preserve decorum and order, and in case of disturbance or disorderly conduct 

in the Commission Chambers, may cause the same to be cleared or cause any 

disruptive individual to be removed. 

5. Call to order any member of the Board who violates any of these procedures 

and, when presiding, decide questions of order, subject to a majority vote on 

a motion to appeal. 

6. Expedite business in every way compatible with the rights of the members. 

Page 3 of 11 


Attachment #6 

Page 4 of 11 



7. Remain objective. For the Chairman to make a motion, the gavel must be 

relinquished. Based upon these Rules & Procedures, the gavel shall be 

relinquished in the following order: 

(a) to the Vice Chair; 

(b) to other Commissioners based upon seniority. 

The “Rule Against Chair’s Participation in Debate” states that the presiding 

officer who relinquishes the chair should not return to it until the pending 

main question has been disposed of, since he or she has shown himself or 

herself to be partisan as far as that particular matter is concerned. 

8. Declare the meeting adjourned when the Board so votes, or at any time in the 

event of an emergency affecting the safety of those present. 

B. Vice Chairman. In the absence of the Chairman or in the event of the Chairman’s 

inability to serve by reason of illness or accident, the Vice Chairman shall perform 

the duties and functions of the Chairman until the Chairman’s return to the County or 

recovery and resumption of duty. 

V. Order of Business. 

A. Official Agenda. There shall be an official agenda for every meeting of the 

Commission, which shall determine the order of business conducted at the meeting. 

All proceedings and the order of business at all meetings of the Commission shall be 

conducted in accordance with the official agenda. 

B. Agenda Form; Availability; Support Information. The agenda shall be prepared by 

the County Administrator in appropriate form approved by the Commission. The 

County Administrator shall make available to the Commissioners a copy of the 

agenda before the meeting. All support information for agenda items shall be 

available no later than the morning of the business day before the regular meeting. If 

the support information is not available, the agenda item shall be removed from the 

agenda and considered at a later meeting. 

C. Agenda Format for Regular Meeting. The agenda format for a regular Commission 

meeting shall be in substantially the form as set forth below: 

1. Call to Order, Invocation and Pledge of Allegiance 

2. Awards and Presentations 

3. Consent 

4. Citizens to be Heard on Non-Agendaed Items (3-minute limit; non-discussion 

by Commission) 

5. General Business 

6. Scheduled Public Hearings, 6:00 p.m. 

7. County Attorney 

8. County Administrator 

9. Citizens to be Heard on Non-Agendaed Items 

10. Discussion Items by Commissioners 

11. Adjourn 

Page 4 of 11 


Attachment #6 

Page 5 of 11 



D. Invocation procedures. The following procedures are not intended, and shall not be 

implemented or construed in any way, to affiliate the Board with, nor express the 

Board’s preference for, any particular faith or religious denomination, and shall be 

utilized for the scheduling and offering of invocations at Board meetings. 

1. The County Administrator, or designee, shall compile a list of religious 

congregations and assemblies in Leon County. The list shall be compiled 

from information reasonably available from a variety of sources, such as the 

telephone book, Internet, and the local chamber of commerce. The list 

should be updated on an annual basis. 

2. Each Commissioner, on a rotational basis, shall offer the invocation or extend 

an invitation either to a leader of a religious congregation or assembly on the 

list or otherwise choose a person to offer the invocation, making every 

reasonable effort to ensure that individuals from a variety of faiths and 

beliefs are scheduled. 

3. Should the individual scheduled to offer the invocation not be present at the 

meeting, the invocation may be offered pursuant to the Chairman’s 

invitation. 

4. The invocation should be limited to not more than 3 minutes. 

5. Invocations shall be nonsectarian and shall avoid advancing one faith or 

belief. 

6. Participation in the invocation by persons in attendance at Board meetings is 

voluntary. 

E. Consent Agenda. On the portion of the agenda designated as “Consent,” all items 

contained therein may be voted on with one motion. Consent items are considered to 

be routine in nature, are typically non-controversial and do not deviate from past 

Board direction or policy. However, any Commissioner, the County Administrator, 

or the County Attorney may withdraw an item from the consent agenda, provided 

that such request is made in writing 24 hours (excluding holidays) before the subject 

meeting, and it shall then be voted on individually. 

F. Citizens to be Heard on Non-Agendaed Items (first). On the portion of the agenda 

designated as the first “Citizens to be Heard on Non-Agendaed Items” (3-minute 

limit; non-discussion by Commission), there shall be no debate and no action by the 

Commission. 

G. General Business. General business items are items of a general nature that require 

Board direction or pertain to Board policy. 

Page 5 of 11 


Attachment #6 

Page 6 of 11 



H. Scheduled Public Hearings, 6:00 p.m. Prior to placing a matter on the agenda that 

requires a public hearing, the consent of the Commission is required pursuant to 

Section V, Subsection K (Placing Items on Agenda) of this policy. Public hearings 

shall be held as required to receive public comments on matters of special 

importance or as prescribed by law. For regular Board meetings, public hearings 

shall be heard at 6:00 p.m., or as soon thereafter as is possible. This time designation 

is intended to indicate that an item will not be addressed prior to the listed time. 

Individual speakers are encouraged to adhere to a three (3) minute time limit when 

speaking on issues scheduled for public hearing. The Chairman has the discretion to 

either extend or reduce time limits, based on the number of speakers. 

I. Citizens to be Heard on Non-Agendaed Items (second). On the portion of the agenda 

designated near the end of the meeting as the “Citizens to be Heard on Non- 

Agendaed Items” (3-minute limit), there may be debate by the Commission, but the 

Commission shall take no policy action except to agenda the topic for a later date or 

by a unanimous vote of the Board. 

J. Discussion Items by Commissioners. On the portion of the agenda designated at 

“Discussion Items by Commissioners,” no assignments shall be given to the County 

Administrator or County Attorney without the express approval of the majority of the 

Board. The Board shall take no policy action without an agenda item unless such is 

accomplished through a unanimous vote of the Board. The remarks of each 

commissioner during his or her “discussions items” time shall be limited to no more 

than three (3) minutes, unless the Chairman extends the time. 

K. Departure from Order of Business. Any departure from the order of business set 

forth in the official agenda shall be made only upon majority vote of the members of 

the Commission present at the meeting. 

L. Placing Items on Agenda. With the consent of the Commission as a whole, matters 

may be placed on the agenda by any member of the Commission, the Administrator, 

or the County Attorney. When a Commissioner wishes to place a matter on the 

agenda, the Commissioner shall raise the matter at a regular Commission meeting, 

and seek the Commission’s consent for inclusion of the matter on the next available 

regular agenda. A Commissioner may not unilaterally add a matter to an agenda 

without the Commission’s prior approval. 

Prior to placing a matter on the agenda that requires a public hearing, the consent of 

the Commission is required. A request to schedule the public hearing shall be placed 

on the Consent Agenda for consideration by the Commission. Upon the 

Commission’s approval of the request to schedule a public hearing, the public 

hearing shall then be scheduled for inclusion on the next available regular agenda. In 

addition, the Commission may direct the scheduling of a matter that requires a public 

hearing by a majority vote. This rule of procedure does not apply to zoning and site 

and development plan approvals, which are placed on the agenda by staff pursuant to 

County Code and general law. 

Page 6 of 11 


Attachment #6 

Page 7 of 11 



M. Additions, Deletions, or Corrections to Agenda. Deletions or corrections to the 

agenda may be considered by the Commission and adopted by the passage of a single 

motion. Non-agenda matters shall be confined to items that are informational only. 

“Add On” agenda items (items that missed the deadline for agenda preparation for 

the meeting) should be considered by the Commission only in exigent circumstances, 

for issues that are time critical or cost sensitive to the County. For such matters, the 

Chairman, County Administrator and County Attorney should be consulted in 

advance of the meeting to approve of the “Add On” agenda item. If the “Add On” 

agenda is approved, the Agenda Coordinator should modify and reprint the agenda 

table of contents for redistribution to all persons who receive the initial agendas. 

Furthermore, the County’s web site should be updated to reflect the new agenda. For 

matters of extreme emergency, a special meeting of the Commission may be called 

by the Chairman upon adequate notice being provided under Section 286.011, 


N. Announcing Agenda Items. The Chairman shall announce each item on the agenda. 

The County Administrator or County Attorney shall then present the item to the 

Board. 

VI. Parliamentarian. 

The County Attorney shall act as parliamentarian and shall advise and assist the Chairman in 

matters of parliamentary law. In the absence of a Rule of Procedure as provided for by these 

Rules, the parliamentarian shall refer to Robert’s Rules of Order Revised on all rulings. 

VII. Rules of Debate. 

A. Decorum. 

1. Every Commissioner desiring to speak should address the Chairman, and 

upon said recognition by the Chairman, should confine discussion to the 

question under debate, avoiding all personalities and indecorous language. 

2. Commissioners shall refrain from: attacking a member’s motives; speaking 

adversely on a prior motion not pending; speaking while the Chairman or 

other Board members are speaking; speaking against their own motions; and 

disturbing the Board. 

3. A member once recognized should not be interrupted when speaking unless 

said member is being called to order. The member should then cease 

speaking until the question of order is determined, without debate, by the 

Chairman. If in order, said member shall be at liberty to proceed. 

4. A member shall be deemed to have yielded the floor when he or she has 

finished speaking. A member may claim the floor only when recognized by 

the Chairman. 

Page 7 of 11 


Attachment #6 

Page 8 of 11 



B. Motions. 

1. A motion and a second to the motion is to precede any action on an agenda 

matter unless there are speakers to be heard on the agenda matter. 

2. All motions shall be made and seconded before debate. 

3. When a motion is presented and seconded, it is under consideration and no 

other motion shall be received thereafter, except to: adjourn, to lay on the 

table, to postpone, to substitute, or to amend until the question is decided. 

These motions shall have preference in the order in which they are 

mentioned. 

4. Any Commissioner may move to close debate and call the question on the 

motion being considered which shall be nondebatable. A successful vote on 

the motion to close debate will end discussion of the item. The Commissioner 

moving the adoption of an ordinance, resolution or motion shall have the 

privilege of closing the debate. 

5. If the Chairman wishes to put forth a motion, he or she shall relinquish the 

Chair to the Vice Chairman until the main motion, on which he or she spoke, 

has been disposed. The Chairman may second any main motion made by 

another Commissioner. 

6. The following motions are not debatable: to adjourn; to lay on the table; to 

take from the table; to call the question. 

C. Motions to Amend. An amendment to a motion must be germane, that is, it must 

relate to the substance of the main motion. An amendment may not introduce an 

independent question, and an amendment may not serve as the equivalent of rejecting 

the original motion. A Commissioner may amend the main motion in either of the 

following two ways: 

VIII. Voting. 

1. By Consent of the Members. The Chairman, or another Commissioner 

through the Chairman, may ask for certain changes to be made to the main 

motion. If there are no objections from the maker of the motion, the motion 

shall stand as amended. 

2. Formal Amendment. An amendment may be presented formally by moving 

to amend the motion in some way. If it is in the form of a formal motion to 

amend, a second shall be required and discussion shall follow on the 

amendment. If an amendment passes, the main motion shall be the motion as 

amended. If it fails, the motion shall be the motion as it was before the 

amendment was presented. 

A. Voice Vote. Unless otherwise directed by the Chairman, all votes shall be taken by 

voice. 

Page 8 of 11 


Attachment #6 

Page 9 of 11 



B. Tabulating the Vote. The Chairman shall tabulate the votes and announce the results. 

Upon any roll call, there shall be no discussion by any Commissioner prior to 

voting, and each Commissioner shall vote “aye” or “nay.” 

C. Voting. Every member who was in the Commission Chambers when the question 

was put must give his or her vote, unless the member has publicly stated that he or 

she is abstaining from voting due to a conflict of interest pursuant to Sections 

112.3143 or 286.012, Florida Statutes. If any Commissioner declines to vote “aye” 

or “nay” by voice, his or her silence shall be counted as an “aye” vote. 

D. Absent for Vote; Changing Vote. Any Commissioner momentarily absent for a vote 

on a particular item may record his or her vote, and any Commissioner may change 

his or her vote before the next item is called for consideration, or before a recess or 

adjournment is called, whichever occurs first, but not thereafter, except with the 

consent of all the Commissioners who voted thereon. 

E. Voting Conflict. No Commissioner shall vote on a matter when the Commissioner 

has a voting conflict of interest as specified in Section 112.3143 or Section 286.011, 

Florida Statutes. A Commissioner abstaining from voting due to a conflict shall 

announce the conflict prior to discussion on the matter. Within fifteen (15) days 

following that Commission meeting, the Commissioner shall file with the Clerk a 

Form 8B “Memorandum of Voting Conflict” which describes the nature of the 

interest in the matter. Form 8B shall be received by the Clerk and incorporated into 

the meeting minutes as an exhibit. 

F. Majority Vote; Extraordinary Majority Vote; Tie Vote. The passage of any motion, 

policy, ordinance or resolution shall require the affirmative vote of at least the 

majority of the members of the Commission who are present and eligible to vote. If 

an extraordinary majority vote is required by the Florida Statutes, this shall require 

the affirmative vote of an extraordinary majority of the members of the Commission 

who are present and eligible to vote. In the case of a tie in votes on any proposal, the 

proposal fails. 

IX. Citizen Input: Addressing the Board of County Commissioners. 

A. Citizen Input. The Board recognizes the importance of protecting the right of all 

citizens to express their opinions on the operation of County government and 

encourage citizen participation in the local government process. The Board also 

recognizes the necessity for conducting orderly and efficient meetings in order to 

complete County business in a timely manner. 

B. Non-Agendaed Inquiries. 

1. At regularly scheduled County Commission meetings, the Board provides 

two comment periods for citizens to speak on non-agendaed items. These 

public comment periods are denoted on the agenda as “Citizens to be Heard 

on Non-Agendaed Items.” The remarks of each speaker at the initial 

comment period shall be limited to no more than three (3) minutes, unless the 

Chairman extends the time. 

Page 9 of 11 


Attachment #6 

Page 10 of 11 



Any citizen who did not speak during the first citizen comment period shall 

have the opportunity to speak during the second comment period. The 

remarks of each speaker at the second comment period shall be limited to no 

more than three (3) minutes. The Chairman has the discretion to either 

extend or reduce time limits, based on the number of speakers. 

2. Any citizens who have non-agendaed inquiries at regularly scheduled County 

Commission meetings will be directed to prepare a Citizen Inquiry Form to 

gain all the necessary information. 

3. The matter will then be addressed by staff in the ensuing days, and the 

County Administrator or County Attorney shall report back to the Board of 

County Commissioners by written memorandum. 

4. If the inquiry is unable to be addressed or resolved by staff, an appropriate 

agenda item will be prepared by the County Administrator or County 

Attorney if a change in policy, procedures, or ordinances is required and 

recommended by staff in order to address the general subject matter of the 

inquiry. 

5. This procedure shall not be used if “appeal” mechanisms already exist to 

address the inquiry. 

C. Citizen Input on a Matter Pending Before the Commission. Each person who 

addresses the Commission on an agenda item pending before the Commission shall 

complete a citizen’s input card and submit the card to the receptionist or to the 

Chairman. The remarks of each speaker shall be limited to no more than three (3) 

minutes. The Chairman has the discretion to either extend or reduce the time limits, 

based on the number of speakers. 

D. Public Input at Workshops. Citizen input at Commission Workshops is not permitted 

unless an individual is called upon by the Chairman. In such case, each person who 

addresses the Commission shall complete a citizen’s input card and submit the card 

to the receptionist or to the Chairman. The remarks of each speaker shall be limited 

to no more than three (3) minutes. The Chairman has the discretion to either extend 

or reduce the time limits, based on the number of speakers. The Commission itself 

may also vote to allow public input on a particular matter. 

E. Addressing the Commission. 

1. When the person’s name is called, the person shall step up to the speaker’s 

lectern and shall give the following information in an audible tone of voice 

for the minutes: 

(a) name; 

(b) place of residence or business address; 

(c) if requested by the Chairman, the person may be required to state 

whether the person speaks for a group of persons or a third party, if 

the person represents an organization, whether the view expressed by 

the person represents an established policy or position approved by 

the organization, and whether the person is being compensated by the 

organization. 

Page 10 of 11 


Attachment #6 

Page 11 of 11 



2. All remarks shall be addressed to the Commission as a body and not to any 

member thereof. 

3. No person, other than a member of the Commission, and the person having 

the floor, may be permitted to enter into any discussion, either directly or 

through a member of the Commission, without permission of the Chairman. 

No question may be asked except through the Chairman. 

4. Speakers should make their comments concise and to the point, and present 

any data or evidence they wish the Commission to consider. No person may 

speak more than once on the same subject unless specifically granted 

permission by the Chairman. 

F. Decorum. 

X. Adjournment. 

1. Order must be preserved. No person shall, by speech or otherwise, delay or 

interrupt the proceedings or the peace of the Commission, or disturb any 

person having the floor. No person shall refuse to obey the orders of the 

Chairman or the Commission. Any person making irrelevant, impertinent, or 

slanderous remarks or who becomes boisterous while addressing the 

Commission shall not be considered orderly or decorous. Any person who 

becomes disorderly or who fails to confine remarks to the identified subject 

or business at hand shall be cautioned by the Chairman and given the 

opportunity to conclude remarks on the subject in a decorous manner and 

within the designated time limit. Any person failing to comply as cautioned 

shall be barred from making any additional comments during the meeting by 

the Chairman, unless permission to continue or again address the 

Commission is granted by the majority of the Commission members present. 

2. If the Chairman or the Commission declares an individual out of order, he or 

she will be requested to relinquish the podium. If the person does not do so, 

he or she is subject to removal from the Commission Chambers or other 

meeting room and may be arrested by the Sheriff subject to Section 

810.08(1), Florida Statutes. 

3. Any person who becomes disruptive or interferes with the orderly business of 

the Commission may be removed from the Commission Chambers or other 

meeting room for the remainder of the meeting. 

No meeting should be permitted to continue beyond 11:00 P.M. without the approval of a 

majority of the Commission. A new time limit must be established before taking a 

Commission vote to extend the meeting. In the event that a meeting has not been closed or 

continued by Commission vote prior to 11:00 P.M., the items not acted on are to be 

continued to 9:00 a.m. on the following day, unless state law requires hearing at a different 

time, or unless the Commission, by a majority vote of members present, determines 

otherwise. 

Page 11 of 11 


MEMORANDUM 

To: Leon County Board of Commissioners 

From: Patton Boggs LLP 

Date: June 3, 2013 

Subject: May Update Memo 

2550 M Street, NW 

Washington, DC 20037 

202-457-6000 

____________ 

Facsimile 202-457-6315 

Attachment #7 

Page 1 of 7 

This memo provides an overview of Congressional and Executive Branch activities relevant to Leon 

County during the month of May. 

Administration Nomination Proceedings 

Since our last update, proceedings have continued in Congress to fill Cabinet-level positions that 

have been vacated in the Obama Administration. 

U.S. Department of Energy. On May 16, in a unanimous vote, the Senate confirmed 

Ernest Moniz as Secretary of Energy. Mr. Moniz, a physicist, served as an undersecretary in 

the Energy Department in the Clinton administration. Until his confirmation, Mr. Moniz 

was the Director of Massachusetts Institute of Technology (MIT) Energy Initiative. 

Department of Transportation. On May 22, the Senate held a hearing concerning the 

nomination of Mayor Anthony Foxx as the next Secretary of Transportation. While the full 

Senate floor vote has not yet been held, it is likely Mr. Foxx will be confirmed. Mr. Foxx is 

the outgoing mayor of Charlotte, North Carolina, where his transportation accomplishments 

include the development of a streetcar corridor, light rail transit expansion, a major Interstate 

expansion, and a runway addition at Charlotte-Douglas International Airport. 

U.S. Department of Labor. On May 16, the Senate Committee on Health, Education and 

Labor voted in favor of the nomination of Assistant Attorney General Thomas Perez to 

serve as Secretary of Labor. A full Senate floor vote has not yet been held for Mr. Perez’s 

confirmation. Thomas Perez is currently the head of the U.S. Department of Justice’s Civil 

Rights Division. 

U.S. Environmental Protection Agency (EPA). On May 16, the Senate Committee on 

Environment and Public Works voted favorably on the advancement of the nomination of 

Gina McCarthy to be EPA Administrator. The date of a Senate floor vote has yet to be 

determined. Gina McCarthy is currently the Assistant Administrator for the Office of Air 

and Radiation at the EPA. 

U.S. Department of Commerce. On May 23, the Senate held a confirmation hearing to 

consider Commerce-nominee Penny Pritzker for Secretary. While she is predicted to be 

confirmed, a full Senate floor vote is expected in June. Ms. Pritzker is on the board of the 

Chicago-based Hyatt Hotels Corporation. 


Memorandum 

Page 2 

Attachment #7 

Page 2 of 7 

FY 2014 Appropriations 

Several Senate Appropriations subcommittees are scheduled to hold hearings in June concerning the 

FY 2014 appropriations bills including the Subcommittee on Transportation, Housing and Urban 

Development, and Related Agencies; Subcommittee on Defense; Subcommittee on Labor, Health 

and Human Services, Education, and Related Agencies; Subcommittee on Legislative Branch; and 

Subcommittee on Commerce, Justice and Science, and Related Agencies. The House legislative 

agenda for June includes consideration of four FY 2014 appropriations bills: Military Construction- 

Veterans Affairs (MilCon-VA), Homeland Security, Defense and Agriculture. 

Sequestration Updates 

Following the recent emergency legislation that enabled the Federal Aviation Administration (FAA) 

to transfer funding within its programs in order to avert furloughs and prevent the closure of 149 

contract towers, lawmakers have been calling for Congress to provide other agencies similar 

flexibility. Particularly in the Senate, a number of measures have been proposed that would give 

federal agencies varying degrees of flexibility to allocate funds across budget accounts. None of 

these proposals have secured sufficient bipartisan support to move forward as a stand-alone bill, in 

part because the White House and Democrats continue to push for a full sequestration replacement 

package. However, we anticipate that floor amendments will be offered during House and Senate 

consideration of FY 2014 appropriations bills. 

Debt Ceiling and Debt Legislation 

On May 19, the U.S. officially hit its debt ceiling. The Secretary of Treasury has prepared 

“extraordinary measures” to allow the U.S. to operate under the current debt cap. This will provide 

Congress with time to consider debt raising legislation without incurring a default until Labor Day. 

Tax Reform 

In late May, the Congressional Budget Office (CBO) released a report noting that the wealthiest 

Americans benefit most from ten of the largest tax expenditures. The CBO estimates that more 

than 50 percent of the largest tax expenditures benefit the top fifth of U.S. households based on 

income. The Senate Finance Committee continued its series of closed-door committee meetings on 

tax reform, issuing its latest Option Paper on May 23 – this one on Economic Security. The closeddoor 

meetings are intended to facilitate discussion among senators in an attempt to find where 

agreement on policy exists. The sessions are expected to include discussion on most major policy 

elements of tax reform. 

In the Economic Security paper, the committee aims to: simplify the taxation of retirement savings 

and health insurance, minimize the disruption to business practices and employee expectations 

inherent in any fundamental tax reform, increase the number of people with enough resources for 

an adequate standard of living in retirement, and expand access to health insurance. 

Online Travel Sector Tax Collection 

Background 

The online travel sector tax collection issue affects a significant number of municipalities and 

counties across the U.S. The issue has pitted municipalities against online travel companies, such as 

Hotels.com. Local governments argue that the online travel companies (OTCs) are obligated to 

remit hotel-occupancy taxes based on the retail price that customers pay for hotel rooms. OTCs 


Memorandum 

Page 3 

collect the tax based on the retail price from their customer (or an equivalent amount), but remit the 

tax only on the lower, wholesale amount that the travel company pays the hotel for the room. The 

online travel companies then keep the difference. In many states, applicable laws were written prior 

to the age of the Internet. 

Current Status 

The Senate recently passed the Marketplace Fairness Act by the Senate, which would grant states 

and local governments the authority to enforce existing sales tax laws by requiring online and catalog 

retailers to collect sales tax at the time of transaction; however, the bill does not address the OTC 

issue. Local governments in states including Hawaii, California, Texas, Florida and Ohio, to name a 

few, have been pursuing law suits and state-level legislative changes in order to address this issue. 

In March, a court in Hawaii ruled that a group of online travel companies collectively owe $70 

million in penalties in their failure to pay that state’s general excise taxes on hotel rooms they sold 

there over an 11-year period. In April, a federal judge in San Antonio ruled in favor of 173 Texas 

cities that together filed suit against Hotels.com for $20.03 million in taxes, interest and penalties for 

the years 1994 through April 4, 2013, and against Travelocity for $3.13 million for that same period. 

Success, however, may be driven on a state-by-state level. In California, 40 municipalities have 

claims against the online travel companies – several of which have lost to the OTCs. 

We will continue to monitor this issue and keep you informed of any significant developments. 

Attachment #7 

Page 3 of 7 

Tom Brown Park 

We have been working with the County and Congressman Steve Southerland (R-FL 2)’s office to 

plan a trip for the Congressman to have an in-person look at the Tom Brown Park/FCI properties 

possibly in July. In addition, we are continuing to work with the Congressman’s office on other 

legislative opportunities with respect to moving the Tom Brown Park legislation. 

Grady Dam 

As follow-up to Congressman Southerland’s April 17 meeting with the Corps of Engineers, the 

Congressman sent a request to the Corps to consider Leon County’s concerns about Grady Dam. 

The Congressman’s request included Leon County’s proposed amendments to the permit for Grady 

Dam. On May 29, the Corps responded to the Congressman in a letter which is attached 

(Attachment #1). In the letter, the Corps agreed to consider additional comments from Leon 

County concerning modification of the Corps’ permit in conjunction with Grady County’s permit 

modification request. These requests address the amount of water the Grady Dam must release 

downstream. Leon County will be following up with the Corps to outline its concerns. Leon 

County’s main concern is to assure that there is enough downstream flow to provide adequate 

recharge of Lake Iamonia during the time in which Grady County’s “Tired Creek Lake” is filled, or 

re-filled after drought conditions lower the normal pool level. The initial filling of Grady County’s 

lake could consume between three and five years; the Corps’ environmental analysis used a 

computer model which did not address time periods where the Tired Creek Lake was being filled, as 

that model only addressed steady-state conditions. Leon County’s comments to the Corps are due 

by June 28. 


REPLY TO 

ATTENTION OF: 

Executive Office 

Honorable Steve Southerland, II 

House of Representatives 

2133 Rayburn House Office Building 

Washington, DC 20515-1010 

Dear Mr. Southerland: 

DEPARTMENT OF THE ARMY 

SAVANNAH DISTRICT, CORPS OF ENGINEERS 

100 W. OGLETHORPE AVENUE 

SAVANNAH, GEORGIA 31401-3640 

MAY 2 9 ZU13 

Attachment #7 

Page 4 of 7 

Patton Boggs May 2013 Update 

Attachment #1 

Page 1 of 2 

Please reference our meeting of April 17, 2013, in which we discussed the Department of the 

Army permit that was issued to the Grady County Board of County Commissioners authorizing 

construction of a fishing lake on Tired Creek, in Grady County, Georgia. This correspondence 

relates to the document you provided at this meeting entitled, "Proposed Permit Amendments." 

This letter also confirms my receipt of the document transmitted via email on April30, 2013, 

prepared on your behalf by EnSafe, Incorporated, entitled "Engineering and Hydrologic 

Evaluation Report" (Report), dated February 22, 2013. 

As you are aware, on April 19, 2013, the United States Court of Appeals for the Eleventh 

Circuit affirmed the District Court's ruling in Georgia River Network and American Rivers v. 

USACE, et al., Case No. 4:1 0-cv-00267. Therefore, the courts have confirmed that the US Army 

Corps of Engineers fulfilled its statutory obligations under the Clean Water Act and the National 

Environmental Policy Act in its evaluation and permitting of the fishing lake. In my 

correspondence to you dated November 5, 2012, I offered to attempt to facilitate a meeting 

between Leon County and Grady County after the subject appeal decision was released. On 

April25, 2013, my staff contacted Grady County and attempted to schedule the meeting, 

however, my offer was declined. 

As I informed you during our last meeting, a Georgia Administrative Hearing Officer in 

Georgia River Network, et al v. Turner, et al, ruled on January 14, 2013, that the stream buffer 

variance issued by the Georgia Department ofNatural Resources for construction of the project 

was invalid. This ruling was later appealed and overturned. Therefore, this case is no longer an 

impediment to Grady County's plans to construct the project. 

My staff has completed a preliminary review of the documents you provided. It was my 

understanding from our April17, 2013, meeting that new modeling information would be 

submitted, however, review of the subject documents revealed that they do not include any new 

modeling information. Additionally, the analysis presented in the report does not indicate that 

the construction and operation of the fishing lake would result in a previously unidentified, 

unacceptable adverse impact to the Ochlocknee River or Lake Iamonia. Furthermore, the 

April 30, 2013, email indicates that Leon County possesses additional information related to the 


-2- 

Attachment #7 

Page 5 of 7 

Patton Boggs May 2013 Update 

Attachment #1 

Page 2 of 2 

day-by-day recharge of Lake Iamonia by the Ochlocknee River during peak flow periods. This 

information has not yet been presented to the Corps for evaluation. 

By letter dated January 7, 2013, Grady County submitted a request for modification of its 

Department of the Army permit. The modification includes: (a) relocation of the fill material 

borrow site; (b) revision of the compensatory mitigation plan; (c) a change in the type of required 

mitigation financial assurances; (d) a change in special permit condition number 25 to correct an 

inadvertent error in how the lake is to be filled; and (e) a change in the height of the dam and 

lake depth. I have enclosed information regarding correction of the error in special permit 

condition number 25 and a copy of the permit modification request. 

Based on the above, if you or Leon County wish to submit any additional information 

regarding this project, I request that it be submitted with 30 days of the date of this letter so that 

it can be considered in my decision regarding proposed modification of the permit. 

I appreciate your interest and concern in this matter. If my office can be of any further 

assistance, please feel free to contact me. 

Enclosures 

Sincerely, 

-it/k7VI(J/al1 

Colonel, US Army 

Commanding 


AGREEMENT FOR FEDERAL LOBBYING SERVICES 2010-2013 

Attachment #8 

Page 1 of 6 

'"lAth 

THIS AGREEMENT dated this_f7V_ day of December, 2010, by and between LEON COUNTY, a 

political subdivision of the State of Florida, hereinafter referred to as the "County" and Patton Boggs, LLP, 

hereinafter referred to as the "Contractor." 

WHEREAS, the County has determined that it would be in the best interest of the citizens of Leon 

County, Florida, that the County be able to utilize the services of private persons when such services 

cannot be reasonably provided by the County; and 

WHEREAS, the County has determined that it would be better to contract for these services than 

to hire the necessary personnel to satisfy the needs of the County: and 

WHEREAS, in order to secure these services, the County has sought and received competitive 

bids proposals from contractor for such services. 

NOW, THEREFORE, the parties hereto agree as follows: 

1. SERVICES TO BE PROVIDED 

2. WORK 

3. TIME 

The Contractor hereby agrees to assist the Board of County Commissioners in enhancing the 

County's federal legislative program as approved by the Board each year and outlined in 

Attachment #1. Services will be in accordance with the specifications for Leon County Request 

for Proposals #BC-08-26-1 0-47, said RFP being incorporated into this agreement as if fully set 

out herein. 

Any work to be performed shall be upon the written or oral request of the County Administrator or 

his representative, which request shall set forth the commencing date of such work and the time 

within which such work shall be completed. 

The performance of Leon County of any of its obligations under the purchase order or agreement 

shall be subject to and contingent upon the availability of funds lawfully expendable for the 

purposes of the purchase order or agreement for the current and any future periods provided for 

within the bid specifications. 

The contract shall be for a period of three (3) years, commencing on January 1, 2011, and shall 

continue until December 31, 2013. The services being requested in this contract are specifically 

subject to annual budget appropriation by the Board of County Commissioners for each fiscal 

year. During the initial three-year period, at the sole option of the County, the agreement may be 

extended for no more than one additional two-year period. 

4. CONTRACT SUM 

The Contractor agrees that for the performance of the services as outlined above, it shall be 

remunerated by the County as annotated in the payment schedule on Attachment #1. A total 

sum not to exceed $100,000.00 annually for the work and acceptance of it as satisfactory. 

5. PAYMENTS 

The County will make such payments within thirty (30) days of submission and approval of 

invoice for services for monthly installments with an annual total of no more than $100,000.00. 


AGREEMENT BETWEEN LEON COUNTY AND PATTON BOGGS, LLP 

BC-08-26-1 0-4 7 

6. STATUS 

Attachment #8 

Page 2 of 6 

The contractor at all times relevant to this Agreement shall be an independent contractor and in 

no event shall the Contractor nor any employees or sub-contractors under it be considered to be 

employees of Leon County. 

7. ASSIGNMENTS 

This Contract shall not be assigned or sublet as a whole or in part without the written consent of 

the County nor shall the contractor assign any monies due or to become due to him hereunder 

without the previous written consent of the County. 

8. HOLD HARMLESS 

The Contractor agrees to indemnify and hold harmless the County from all claims, damages, 

liabilities, or suits of any nature whatsoever arising out of, because of, or due to the breach of this 

agreement by the Contractor, its delegates, agents or employees, or due to any act or occurrence 

of omission or commission of the Contractor, includingbut not limited to costs and a reasonable 

attorney's fee. The County may, at its sole option, defend itself or allow the Contractor to provide 

the defense. The Contractor acknowledges that ten dollars ($1 0.00) of the amount paid to the 

Contractor is sufficient consideration for the Contractor's indemnification of the County. 

9. TERMINATION 

The contract may be terminated by the County without cause by giving a minimum of thirty (30) 

days written notice of intent to terminate. Contract prices must be maintained until the end of the 

thirty (30) day period. The County may terminate this agreement at any time as a result of the 

contractor's failure to perform in accordance with these specifications and applicable contract. 

The County may retain/withhold payment for nonperformance if deemed appropriate to do so by 

the County. 

Leon County may terminate this Contract without cause, by giving the Contractor thirty (30) days 

written notice of termination. Either party may terminate this Contract for cause by giving the 

other party hereto thirty (30) days written notice of termination. The County shall not be required 

to give Contractor such thirty (30) day written notice if, in the opinion of the County, the 

Contractor is unable to perform its obligations hereunder, or if in the County's opinion, the 

services being provided are not satisfactory. In such case, the County may immediately 

terminate the Contract by mailing a notice of termination to the seller. 

10. AUDITS. RECORDS. AND RECORDS RETENTION 

The Contractor shall agree: 

To establish and maintain books, records, and documents (including electronic storage media) in 

accordance with generally accepted accounting procedures and practices, which sufficiently and 

properly reflect all revenues and expenditures of funds provided by the County under this 

contract. 

To retain all client records, financial records, supporting documents, statistical records, and any 

other documents (including electronic storage media) pertinent to this contract for a period of five 

(5) years after termination of the contract, or if an audit has been initiated and audit findings have 

not been resolved at the end of five (5) years, the records shall be retained until resolution of the 

audit findings or any litigation which may be based on the terms of this contract. 

2 


AGREEMENT BETWEEN LEON COUNTY AND PATTON BOGGS, LLP 

BC-08-26-1 0-47 

ATTACHMENT# 1 

Attachment #8 

Page 6 of 6 

Leon County Legislative Program -The Consultants will assist in enhancing the Board of County 

Commissioner's federal legislative program. The Consultant will assist the County in identifying legislative 

opportunities and assist in the development of the County's annual list of goals, priorities and specific 

proposals to seek appropriation and/or legislative and administrative remedies to strengthen county 

programs and services. The consultant will work closely with the County's federal liaison, designee(s), 

and other County contract lobbyists (as applicable) in the development and ongoing implementation of 

the program and will provide, at a minimum, the following services: 

Meet with County staff and elected officials to assist in the development of the County's annual list of 

goals, priorities and specific proposals. Identify which of the goals, priorities and specific proposals could 

be addressed at the federal level and assist in developing written material on each request to provide 

congressional staff. 

Provide County staff and the Board of County Commissioners with any new information that may impact, 

and actively seek opportunities to enhance the County's federal legislative program and provide options 

as to legislative strategy when necessary. 

Advocate with Congress, the congressional committees and federal agencies in support of the County's 

goals, priorities and projects. 

Revise the County's federal legislative program as needed, and as requested by the Board of County 

Commissioners through County staff. 

Monitor current federal legislation and the budget process and report to the County, both orally and in 

writing, any legislative events that may directly or indirectly impact the County. Attend meetings as 

necessary. 

Provide the County with monthly reports and regular updates on all legislative and budgetary issues that 

may impact the County. 

Monitor various federal agency actions for potential impact on Leon County and, in the event that action is 

needed, advise the County. 

The payment schedule for the term of the contract, subsequent to approved invoices, shall be as follows: 

January 31, $8,333.33 

February 28, $8,333.33 

March 31, $8,333.33 

April30, $8,333.33 

May 31, $8,333.33 

June 30, $8,333.33 

July 31, $8,333.33 

August 31, $8,333.33 

September 30, $8,333.33 

October 31, $8,333.33 

November 30, $8,333.33 

December 31, $8,333.37 

6 


AGREEMENT BETWEEN LEON COUNTY AND CAPITAL ALLIANCE GROUP, INC. 

BC-08-27 -08-60 

5. PAYMENTS 

Attachment #9 

Page 2 of 6 

The County will make such payments within thirty (30) days of submission and approval of invoice 

for services according to the following payment schedule: 

10/29 

11/30 

12/31 

1/31 

6. STATUS 

$6,500 

$6,500 

$6,500 

$6,500 

2/28 

3/31 

9124 

$6,500 

$6,500 

$1,000 

The contractor at all times relevant to this Agreement shall be an independent contractor and in 

no event shall the Contractor nor any employees or sub-contractors under it be considered to be 

employees of Leon County. 

7. LICENSES 

The Contractor shall be responsible for obtaining and maintaining his city or county occupational 

license and any licenses required pursuant to the laws of Leon County, the City of Tallahassee, or 

the State of Florida. Should the Contractor, by reason of revocation, failure to renew, or any other 

reason, fail to maintain his license to operate, the contractor shall be in default as of the date such 

license is lost. 


This Contract shall not be assigned or sublet as a whole or in part without the written consent of 

the County nor shall the contractor assign any monies due or to become due to him hereunder 

without the previous written consent of the County. 

9. HOLD HARMLESS 

The Contractor agrees to indemnify and hold harmless the County from all claims, damages, 

liabilities. or suits of any nature whatsoever arising out of, because of, or due to the breach of this 

agreement by the Contractor, its delegates, agents or employees, or due to any act or occurrence 

of omission or commission of the Contractor, including but not limited to costs and a reasonable 

attorney's fee. The County may, at its sole option, defend itself or allow the Contractor to provide 

the defense. The Contractor acknowledges that ten dollars ($10.00) of the amount paid to the 

Contractor is sufficient consideration for the Contractor's indemnification of the County. 

13. MINORITY BUSINESS ENTERPRISE CM/WBElPARTICIPATION 

The Contractor shall meet or exceed the M/WBE participation levels stated in the M/WBE 

Participation Statement included as part of the bid response for this project, except when the 

County Good Faith Committee approves an exception. 

Any "Good Faith Statemenf' provided by a Contractor shall follow the requirements of the Florida 

Statutes, and must demonstrate through documentation that every reasonable effort has been 

made to achieve the requested percentage. 

For those MIWBE firms listed in their bid, Contractors shall be responsible for securing proof of 

their MIWBE certification and providing copies to the County M/WBE Office. 

Also required is a monthly reporting system of the work done by and payments made to certified 

2 



BC-08-27 -08-60 

Attachment #9 

Page 3 of 6 

minority business enterprises as a part of this project. The reports shall detail each invoice 

submitted to the County and a break down of payments to all subcontractors therein by MIWBE 

classification. 


Leon County may terminate this Contract without cause, by giving the Contractor thirty (30) days 

written notice of termination. Either party may terminate this Contract for cause by giving the 

other party hereto thirty (30) days written notice of termination. The County shall not be required 

to give Contractor such thirty (30) day written notice if, in the opinion of the County, the Contractor 

is unable to perform its obligations hereunder, or if in the County's opinion, the services being 

provided are not satisfactory. In such case. the County may immediately terminate the Contract 

by mailing a notice of termination to the seller. 

15. PUBLIC ENTITY CRIMES STATEMENT 

In accordance with Section 287.133, Florida Statutes, Contractor hereby certifies that to the best 

of his knowledge and belief neither Contractor nor his affiliates has been convicted of a public 

entity crime. Contractor and his affiliates shall provide the County with a completed public entity 

crime statement form no later than January 15 of each year this agreement is in effect. Violation 

of this section by the Contractor shall be grounds for cancellation of this agreement by Leon 

County. 

16. REVISIONS 

In any case where, in fulfilling the requirements of this contract or of any guarantee, embraced in 

or required thereby it is necessary for the Contractor to deviate from the requirements of the bid, 

Contractor shall obtain the prior written consent of the County. 

WHERETO. the parties have set their hands and seals effective the date whereon the last party 

executives this Agreement. 

3 



BC-08-27 -08-60 

ATTACHMENT# 1 

Attachment #9 

Page 6 of 6 

Leon County Legislative Program -The Consultants will assist in enhancing the Board of County 

Commissioner's state legislative program. The Consultant will assist the County in identifying legislative 

opportunities and assist in the development of the County's annual list of goals, priorities and specific 

proposals to seek appropriation and/or legislative and administrative remedies to strengthen county 

programs and services. The consultant will work closely with the County's liaison, designee(s), and other 

County contract lobbyists (as applicable) in the development and ongoing implementation of the program 

and will provide, at a minimum, the following services: 

Meet with County staff and elected officials to assist in the development of the County's annual list of 

goals, priorities and specific proposals. Identify which of the goals, priorities and specific proposals could 

be addressed through the legislative process and assist in developing written material on each request. 

Lobby legislators, as well as work with their staff, and state government a officials to gain support for 

passage of Leon County projects through the legislative process. 

Advocate with the Leon County Legislative Delegation as well as other key members of the Legislature 

and state agencies in support of the County's goals, priorities and proposals. 

Advocate state agency officials to include applicable County appropriation requests as part of the agency 

budget. 

Lobby the Executive Branch to ensure that Leon County projects receive the Governor's approval. 

Regularly provide County staff and the Board of County Commissioners with any new information and 

actively seek opportunities to enhance the County's state legislative program and provide options as to 

legislative strategy when necessary. 

Revise the County's state legislative program as needed, and as requested by the Board of County 

Commissioners through County staff. 

Monitor and analyze current state legislation and the budget process and report to the County, both orally 

and in writing, any legislative events that may directly or indirectly impact the County. Attend meetings as 

necessary. 

At the end of each week during session by Friday, 5 PM, provide the County liaison with a report of the 

past week's activities affecting the County's substantive and appropriations issues and any other issues 

that could positively or negatively impact the County. 

Monitor various state agency actions for potential impact on Leon County and, in the event that action is 

needed, advise the County. 

Testify before legislative committees as appropriate. 

At the conclusion of the session, prepare a final report, including the final status of the County's priorities 

and a summary of the impact of major legislative changes to Leon County. 

6 


Leon County 




To: 

Leon County 



June 18, 2013 



Title: Approval to Award a Bid to Structural Preservation Systems, LLC, in the 

Amount of $346,798 for the Caulk & Weather Seal of the Leon County Jail 



Department/ 


Lead Staff/ 

Project Team: 



Tony Park, P.E, Director of Public Works & Community 

Development 


Albert Sessions, Facilities Maintenance Superintendent 


This item has a fiscal impact. The project has been budgeted in the FY12/13 Capital 

Improvement Program budget and adequate funding is available. 


Option #1: Approve the award of bid to Structural Preservation Systems, LLC, in the amount 

of $346,798 for the caulk & weather seal of the Leon County Jail, with a 

maximum cumulative change order limit of 20% of the contract amount, and 

authorize the County Administrator to execute an Agreement, in a form approved 

by the County Attorney. 


Title: Approval to Award a Bid to Structural Preservation Systems, LLC, in the Amount of 

$346,798 for the Caulk & Weather Seal of the Leon County Jail 

June 18, 2013 

Page 2 


Background: 

The Leon County Detention Center was designed and constructed from 1990-1993. The design 

work for the detention center began in May 1990, construction began in July 1991, and 

construction was substantially completed in March 1993. The 375,000 square foot facility was 

dedicated in April 1993. 

On August 16, 2001, the Board was advised of water intrusion issues at the Leon County Jail, 

derivative of Tropical Storms Allison (June 2001) and Barry (August 2001). On 

December 6, 2001, the Board approved a settlement offer for repairs in the amount of $1,718,750 

with Hartford Insurance Company, the County’s insurance provider at the time. The resulting 

settlement agreement required County adherence to repair protocols established by 

Hagg Engineering, Dallas, TX, a forensic engineering advisor to Hartford, and the use of 

Hartford’s preferred restoration services contractor, Florida Restoration Team, Tampa, FL, for 

the performance of all structural repair work. The County’s exterior repair contract with Florida 

Restoration Team was executed on December 11, 2001, in the amount of $1,650,500 and 

separate contracts were then executed with other contractors and consultants, for interior 

dehumidification, HVAC cleaning and lining, and environmental services work. However, the 

County punch list for Florida Restoration Team was not completed until February 2006, which 

followed re-occurring leaks from Tropical Storm Dennis (July 2005) and Fay (August 2008). 

Nevertheless, there was still continued re-work performed by the company until late 2008, 

beyond which time the corporation was administratively dissolved through the State Division of 

Corporations, by its principals. 

The specific moisture protection system devised by Haag Engineering, and installed by Florida 

Restoration Team, is essentially an exterior moisture barrier system. Once the structure’s 

original barrier system failed, the internal moisture control system was replaced by the exterior 

moisture barrier system, and a future commitment became incumbent upon the County to renew 

the moisture barrier periodically. The initial system installed consisted of an externally-applied 

water repellent that was warranted for 10 years, which was the longest product warranty 

available at this time (2001-2002); this warranty expired in July 2012. In early 2013, Jail staff 

notified Facilities Management of through-wall leaks, similar to those occurring in 2001. Staff 

engineers have since reviewed this situation and made the decision to enlist a water repellant 

manufacturer’s assistance for renewing the exterior moisture barrier at the Jail with a 20-year 

warranted product, which is the longest known product warranty available today (2013). 

Analysis: 

The Purchasing Division advertised this bid locally, and 806 vendors were notified through the 

automated bid procurement system. A total of 18 vendors requested bid packages. The bids 

were opened on May 16, 2013, which resulted in four bids and one no-bid (Attachment #1). 




June 18, 2013 

Page 3 

The scope of services prepared by staff for its bid provides for the application of a water 

repellent to the exterior block walls; an acrylic elastomeric wall coating to stucco walls; the 

replacement of the expansion joint sealants; and the replacement of the door and window 

perimeter sealants at the Leon County Jail. The specific water barrier product selected is a 

highly regarded two-coat system, Evonik PB-100 masonry sealant, with an available 

manufacturer’s warranty of twenty (20) years. This product is generally considered to be among 

the best repellants on market. These products were direct-purchased by the County, in savings of 

sales taxes, from discounted State contract pricing. Said products have since been held for the 

County in a manufacturer’s warehouse, awaiting the County’s selection of a qualified applicator. 

The manufacturer previously notified the County of three companies in Florida that were 

certified to apply this product in observance of its 20-year warranty (Attachment #2). 

Subsequent to the bid release, the company has received additional requests for applicator 

certification, and one additional applicator certification was granted ahead of the scheduled bid 

opening (Attachment #3). 

The low bidder was Restocon Corporation in the amount of $195,200, but the company made an 

error in its bid computation and they have since submitted a letter to the County in retraction of 

their bid (Attachment #4). Based upon the bidder’s demonstration of a good faith bid error, the 

Purchasing Director has consented to return the contractor’s $5,000 bid bond. 

The second lowest bidder is Structural Preservation Systems, LLC in the amount of $346,798. 

Structural has been contacted by the County and is eager to perform this work. 

No MWSBE targets were assigned to this bid by the County’s MWSBE office. Based upon the 

scope of services, the qualified contractor required certification by the Evonik Corporation for 

the preparation and application of Protectosil Chem-Trete materials for the provision and 

enforcement of a 20-year factory labor and materials warranty. Currently, there are no certified 

MWBE vendors possessing the required certification; therefore, the participation by an 

MWBE is not feasible. 

This project was also bid exclusive to general contractors, allowing them to price and perform 

other improvements needed for the facility, on the behalf of the Sheriff’s Department, by change 

orders to this proposed contract. Section 6.3(A)(1) of Policy No. 96-1, Purchasing and 

Minority/Women Business Enterprise Policy, authorizes staff-level change orders in an amount 

generally not to exceed 10% of the contract value, unless circumstances justify the same (Field 

Change Order). Additionally, the policy provides that Field Change Orders may exceed the 10% 

threshold, based upon known complexities of the project, in an alternate amount approved by the 

Board. Staff recommends, based upon historic experiences with the facility, as summarized in 

the background of this agenda item, that the Board authorize change orders in a cumulative 

amount not to exceed 20% of the bid/proposed contract amount, or $69,359. 




June 18, 2013 

Page 4 

Options: 

1. Approve the award of bid to Structural Preservation Systems, LLC, in the amount of 

$346,798 for the caulk & weather seal of the Leon County Jail, with a maximum cumulative 

change order limit of 20% of the contract amount, and authorize the County Administrator to 

execute the Agreement, in a form approved by the County Attorney. 

2. Do not approve to award this bid to Structural Preservation Systems, LLC, in the amount of 

$346,798 for the caulk & weather seal of the Leon County Jail, with a maximum cumulative 

change order limit of 20% of the contract amount. 



Option #1. 

Attachments: 

1. Bid Tabulation Sheet 

2. Manufacturer’s List of Approved Companies 

3. Additional Certification 

4. Retraction of Bid by Restocon 

VSL/TP/TB/AS/SC/cb 


Albert Sessions - Approved applicators. 

From: 

To: 

Date: 

"Fred Hoskins" 

 

3/14/2013 4:38PM 

Snbject: Approved applicators. 

CC: 

Tom 

Listed below please see approved applicators for Evonik Protectosil Chem-Trete PB 100. 

1. Structural 

6503 19th Street East, Unit F 

Sarasota, FL 34243 

Matt Shane 

MShane@Structural.net 

Cell: 941-737-7455 

Scott Sulek 

ssutek@structural.net 

2. Valcourt Building Services 

4695 18th Street East 

Bradenton, FL 34203 

Cal [)uncan 

cd uncan @va I court. net 

Phone: 941-747-7277 Ext. 224 

3. Waterproofing Contractors of Florida, LLC 

17481ndependence Blvd., Suite E3 

Sarasola, FL 34234 

Phone: 941-358-3401 (home office) 

Area Rep: Gary Boden bender 

garybo@gtcom.net 

Phone: 850-652-2153 

Cell: 850-685-8292 

Please call if I can be of further help. 

Thanks 

Fred Hoskins 

Waldrop and Associates, LLC 

5433 Rowe Trail 

Pace, FL 32571 

Phone: 850-572-4569 

Fax: 850-254-7765 

Attachment #2 

Page 1 of 1 


file://C:\Documents and Settings\user\Local Settings\Temp\XPgrpwise\51420CODLeonCo... 3/15/2013 

1

Leon County 




To: 

Leon County 



June 18, 2013 



Title: Approval to Award Bid to ThyssenKrupp Elevator for the Upgrade of 

Elevators #1 and #2 at the Leon County Courthouse in the amount of 

$437,674 



Department/ 


Lead Staff/ 

Project Team: 



Tony Park, P.E, Director of Public Works & Community 

Development 


Albert Sessions, Facilities Maintenance Superintendent 


This item has a fiscal impact and has been budgeted in the FY12/13 Capital Improvement 

Program budget. Adequate funding is available. 


Option #1: Approve the award of bid to ThyssenKrupp Elevator for the upgrade of 

Elevators #1 and #2 at the Leon County Courthouse in the amount of $437,674, 

and authorize the County Administrator to execute an Agreement, in a form 

approved by the County Attorney. 


Title: Approval to Award Bid to ThyssenKrupp Elevator for the Upgrade of Elevators #1 and #2 

at the Leon County Courthouse in the amount of $437,674 

June 18, 2013 

Page 2 

Background: 


This project would upgrade the two south elevators #1 and #2 at the Courthouse that serve floors 

P0 up to the 4 th Floor. The existing elevators were installed when the building was constructed 

25 years ago (1988). The controls for Elevators #1 and #2 are functionally obsolete. Their 

electronics consist of open contacts vs. solid-state components and as a result, these elevators are 

not energy efficient. Furthermore, it is exceedingly difficult to maintain the elevators because 

repair parts have become increasingly difficult to find. As a corollary, the main elevators #6 

and #7, which access the fifth floor of the Courthouse, were upgraded in February 2012. 

The proposed elevator upgrades were designed by TLC Engineering, with additional input 

received from Dieter Consulting Services, Inc., an elevator sub-consultant. The engineering 

project documents consist of a detailed set of engineering plans and specifications. The 

proposed upgrades would consist of upgrading the equipment to new direct current drives with 

variable frequency controls, which has an estimated energy savings of $1,285 annually versus 

existing cost of $4,040 annually, and there is 68% cost savings or $2,755 annually. 

Analysis: 

The Purchasing Division advertised this bid locally, and 366 vendors were notified through the 

automated bid procurement system. A total of 17 vendors requested bid packages. The bids 

were opened on May 23, 2013, which resulted in only one bid (Attachment #1). ThyssenKrupp 

Elevators bid is in the amount of $437,674. 

This project would take up to 23 weeks (11 ½ weeks per car), while limiting the overtime hours. 

Most of the work will be done during the normal working hours of 7:00 a.m. to 4:30 p.m., 

Monday through Friday, although limited work is still required at nights or on weekends. This 

bid is in keeping with the elevator upgrade work recently performed in the Courthouse for 

elevators #6 and #7 and other County buildings (the Bank of America tower and Main Library) 

in terms of cost and projected timeframes. 

The MWSBE Division reviewed the MWBE participation plan submitted by ThyssenKrupp 

Elevators to determine if the 5% MBE and 5% WBE aspirational targets were achieved by this 

bid. The 4.57% level of WBE participation does not meet the aspirational target (by -0.43%) for 

this bid; however, the Good Faith Effort Form was submitted as required by Policy 96-1. 

ThyssenKrupp Elevators has proposed an 11.42% MBE firm participation level, which exceeds 

that aspirational target by +6.42% (Attachment #2). 


Title: Approval to Award Bid to ThyssenKrupp Elevator for the Upgrade of Elevators #1 and #2 

at the Leon County Courthouse in the amount of $437,674 

June 18, 2013 

Page 3 

Options: 

1. Approve the award of bid to ThyssenKrupp Elevator for the upgrade of Elevators #1 and #2 

at the Leon County Courthouse in the amount of $437,674, and authorize the County 

Administrator to execute the Agreement, in a form approved by the County Attorney. 

2. Do not approve the award of bid to ThyssenKrupp Elevator for the upgrade of Elevators #1 

and #2 at the Leon County Courthouse in the amount of $437,674. 



Option #1. 

Attachments: 


2. MWSBE Statement 

VSL/TP/TB/AS/SC/cb 


Leon County 




To: 

Leon County 



June 18, 2013 



Title: Approval of Agreement Awarding Bid to Allen’s Excavation, Inc. in the 

Amount of $2,280,619 for Sidewalk and Associated Work Construction, 

Continuing Services 



Department/ 


Lead Staff/ 

Project Team: 




Development 

Katherine Burke, P.E., Director, Engineering Services 

Charles Wu, P.E., Chief of Engineering Design 

Chris Muehlemann, P.E., Senior Design Engineer 

Shelly Kelley, PMP, Purchasing Director 

Shanea Y. Wilks, MWSBE Director 

This item has a fiscal impact. Funding for Community Safety and Mobility Program (CSAM) 

Projects is contemplated in the FY 2013 and the proposed FY 2014 and 2015 budgets. This 

Agreement, if authorized by the Board, would be used to complete projects for the remainder of 

FY 13 through FY 15. 


Option #1: Approve the Agreement awarding bid to Allen’s Excavation, Inc. in the amount of 

$2,280,619 for Sidewalk and Associated Work Construction, Continuing Services, 

and authorize the County Administrator to execute the Agreement (Attachment #1). 


Title: Approval of Agreement Awarding Bid to Allen’s Excavation, Inc. in the Amount of 

$2,280,619 for Sidewalk and Associated Work Construction, Continuing Services 

June 18, 2013 

Page 2 

Background: 


The sidewalk component of the Community Safety and Mobility Program (CSAM) is structured 

around the Leon County School Board’s sidewalk priority list and the Tallahassee-Leon County 

Bicycle and Pedestrian Master Plan. This continuing supply contract consists of the construction 

of sidewalks and any work associated with the construction of sidewalks at various locations 

within Leon County. 

Analysis: 

The Invitation to Bid for Construction of the Sidewalk and Associated Work, Continuing 

Services was advertised locally on March 20, 2013. A total of 345 vendors were notified 

through the automated procurement system. Twenty vendors requested bid packages, and the 

County received six bids on April 30, 2013. The lowest responsive bidder was Allen’s 

Excavation, Inc. for an estimated total bid price of $2,280,619 (Attachment #2). The second 

lowest responsive bid was received from Hale Contracting, Inc. for an estimated total of 

$2,394,655. The bid difference between the lowest and the second lowest is $114,036. This is a 

unit price contract and the Contractor will be paid based on the actual quantity used for each 

individual pay item (Attachment #3). 

Although RJP Enterprises and Florida Developers, Inc. bids were lower, they were considered 

nonresponsive, as they are not certified by Florida Department of Transportation (FDOT) in any 

work class, which is a requirement for this bid. The following table summarizes the bids. 

Company Total Bid 

RJP Enterprises, Inc. $ 1,696,525 / Nonresponsive No FDOT Certificate 

Florida Developers, Inc. $ 2,067,357 / Nonresponsive No FDOT Certificate 

Allen’s Excavation, Inc. $ 2,280,619 

Hale Contracting, Inc. $ 2,394,655 

Sandco, Inc. $ 3,036,482 

Dixie Paving & Grading, Inc. $ 3,990,403 

The Minority, Women and Small Business Enterprise (MWSBE) Division reviewed MWBE 

Participation Plans, submitted by the six bidding firms, to determine if the 17% MBE and 9% 

WBE targets were achieved for the Construction bid. All responsive bids, including Allen’s 

Excavation’s, met the aspirational targets for both MBE and WBE participation(Attachment #4). 


Title: Approval of Agreement Awarding Bid to Allen’s Excavation, Inc. in the Amount of 

$2,280,619 for Sidewalk and Associated Work Construction, Continuing Services 

June 18, 2013 

Page 3 

This item seeks Board approval of an Agreement awarding bid to Allen’s Excavation, Inc. for 

Construction of the Sidewalk and Associated Work, Continuing Services in the amount of 

$2,280,619. With the remaining budget balance of $1.39 million and a preliminarily 

contemplated budget of $750,000 each year for the Community Safety & Mobility Capital 

Improvement projects in FY 2014 and FY 2015, staff anticipates there will be sufficient funds 

available for sidewalk construction projects under this contract; however, work will be 

authorized within the confines of actual, authorized budget amounts. The current Sidewalk and 

Associated Work Construction, Continuing Services contract expired on May 31, 2013. If 

approved, the new Agreement will continue Sidewalk and Associated Work Construction 

services for two years, with the optional County approved one-year extension. 

Options: 

1. Approve the Agreement awarding bid to Allen’s Excavation, Inc., in the amount of 

$2,280,619 for Sidewalk and Associated Work Construction, Continuing Services, and 

authorize the County Administrator to execute the Agreement. 

2. Do not approve the Agreement awarding bid to Allen’s Excavation, Inc., in the amount of 

$2,280,619 for Sidewalk and Associated Work Construction, Continuing Services. 



Option #1. 

Attachments: 

1. Proposed Agreement 


3. Bid Pricing Sheet 

4. MWBE Analysis 

VSL/TP/KB/CW/CM/bp 


AGREEMENT 

Attachment #1 

Page 1 of 60 

THIS AGREEMENT, by and between LEON COUNTY, a charter county and a political subdivision of the State of 

Florida, hereinafter referred to as the "County" and ALLEN'S EXCAVATION, INC., hereinafter referred to as the 

"Contractor." 

WHEREAS, the County has determined that it would be in the best interest of the citizens of Leon County, 

Florida, that the County be able to utilize the services of private persons when such services cannot be 

reasonably provided by the County; and 

WHEREAS, the County has determined that it would be better to contract for these services than to hire the 

necessary personnel to satisfy the needs of the County: and 

WHEREAS, in order to secure the lowest cost for these services, the County has sought and received 

competitive bids from contractor for such services. 

NOW, THEREFORE, the parties hereto agree as follows: 

1. SERVICES TO BE PROVIDED 

The Contractor hereby agrees to provide to the County the following services related to Sidewalk & 

Associated Work Construction, Continuing Services in accordance with: 1) Sidewalk & Associated Work 

Construction, Continuing Services, Bid# BC-04-23-13-34 which is attached hereto and incorporated herein 

as Exhibit A, to the extent that it is not inconsistent with this Agreement; and 2) the Contractor's bid 

submission, which is attached hereto and incorporated herein as Exhibit B, to the extent that it is not 

inconsistent with this Agreement or with Exhibit A. 

2. WORK 

Any work to be performed shall be upon the written request of the County Administrator or his 

representative, which request shall set forth the commencing date of such work and the time within which 

such work shall be completed. 

The performance of Leon County of any of its obligations under this Agreement shall be subject to and 

contingent upon the availability of funds lawfully expendable for the purposes of this Agreement for the 

current and any future periods provided for within the bid specifications. 

3. TIME: 

The Agreement shall be for a period of two (2) July 1, 2013, and shall continue until June 30, 2015. After 

the initial two (2) year period, at the sole option of the County, this Agreement may be extended for no more 

than one additional one (1) year periods. Such one (1) year extension will be automatic unless the County 

provides written notice of non-renewal to the Contractor no less than thirty (30) days prior to the expiration 

date of the then current term. 

4. CONTRACT SUM 

The Contractor agrees that for the performance of the Services as outlined in Section 1 above, it shall be 

remunerated by the County according to the unit prices contained in the Contractor's bid proposal, Exhibit 

B, which is attached hereto. 

5. PAYMENTS 

1 


AGREEMENT BETWEEN LEON COUNTY AND ALLEN'S EXCAVATION, INC 

BC-04-23-13-34 

Attachment #1 

Page 2 of 60 

The County shall make such payments within forty-five (45) days of submission and approval of invoice for 

services. 

6. PROMPT PAYMENT INFORMATION REQUIREMENTS 

A. The County Project Manager is: 

Name: Chris Muehlemann 

Street Address: 2280 Miccosukee Rd 

City, State, Zip Code: Tallahassee, Fl 32308 

Telephone: 850-606-1536 

E-mail: muehlemannc@leoncountyfl.gov 

B. The Contractor's Project Manager is: 

Name: 

Street Address: 

City, State, Zip Code: 

Telephone: 

E-mail: 

C. Proper form for a payment request for this contract is an invoice: 

A numbered invoice document with date of invoice; reference of the County purchase order number; 

itemized listing of all goods and services being billed with unit prices and extended pricing; vendor's 

name, address, billing contact person information, and Federal tax identification number. The invoice 

must be properly addressed to the Division listed on the County purchase order and delivered to that 

address. Delivery to another County address will void the invoice. 

F. Payment Dispute Resolution: Section 14.1 of the Leon County Purchasing and Minority, Women and 

Small Business Enterprise Policy details the policy and procedures for payment disputes under the 

contract. 

7. STATUS 

The contractor at all times relevant to this Agreement shall be an independent contractor and in no event 

shall the Contractor nor any employees or sub-contractors under it be considered to be employees of Leon 

County. 

8. INSURANCE 

Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to 

persons or damages to property which may arise from or in connection with the performance of the work 

hereunder by the Contractor, his agents, representatives, employees or subcontractors. The cost of such 

insurance shall be included in the Contractor's bid. 

A. Minimum Limits of Insurance. Contractor shall maintain limits no less than: 

1. General Liability: $1,000,000 Combined Single Limit for bodily injury and property 

damage per occurrence with a $2,000,000 annual aggregate. Completed operations 

coverage will be provided for a period of three (3) years beyond termination and/or completion of 

the project. Coverage must include bodily injury and property damage, including 

Premise/Operations: a per location aggregate, Broad Form Contractual liability; Broad Form 

Property Damage; Fire Legal liability; Independent Contractors coverage; Cross Liability & 

Severability of Interest Clauses; and Personal Injury (deleting employee and contractual 

exclusions), and coverage for explosion, collapse, and underground (X,C,U). 

2 



BC-04-23-13-34 

Attachment #1 

Page 3 of 60 

2. Automobile Liability: $1 ,000,000 combined single limit per accident for bodily injury and 

property damage. (Non-owned, Hired Car). 

3. Workers' Compensation and Employers Liability: Insurance covering all employees meeting 

Statutory Limits in compliance with the applicable state and federal laws and Employer's 

Liability with a limit of $500,000 per accident, $500,000 disease policy limit, $500,000 disease 

each employee. Waiver of Subrogation in lieu of Additional Insured is required. 

B. Deductibles and Self-Insured Retentions 

Any deductibles or self-insured retentions must be declared to and approved by the County. At the 

option of the County, either: the insurer shall reduce or eliminate such deductibles or self-insured 

retentions as respects the County, its officers, officials, employees and volunteers; or the Contractor 

shall procure a bond guaranteeing payment of losses and related investigations, claim administration 

and defense expenses. 

C. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following 

provisions: 

1. General Liability and Automobile Liability Coverages (County is to be named as Additional 

Insured). 

a. The County, its officers, officials, employees and volunteers are to be covered as 

insureds as respects; liability arising out of activities performed by or on behalf of the 

Contractor, including the insured's general supervision of the Contractor; products and 

completed operations of the Contractor; premises owned, occupied or used by the 

Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The 

coverage shall contain no special limitations on the scope of protections afforded the 

County, its officers, officials, employees or volunteers. 

b. The Contractor's insurance coverage shall be primary insurance as respects the County, 

it officers, officials, employees and volunteers. Any insurance of self-insurance 

maintained by the County, its officers, officials, employees or volunteers shall be excess 

of the Contractor's insurance and shall not contribute with it. 

c. Any failure to comply with reporting provisions of the policies shall not affect coverage 

provided to the county, its officers, officials, employees or volunteers. 

d. The Contractor's insurance shall apply separately to each insured against whom claims 

is made or suit is brought, except with respect to the limits of the insurer's liability. 

2. All Coverages 

Each insurance policy required by this clause shall be endorsed to state that coverage shall not 

be suspended, voided, canceled by either party, reduced in coverage or in limits except after 

thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to 

the County. 

D. Acceptability of Insurers. Insurance is to be placed with insurers with a Best's rating of no less than 

A: VII. 

E. Verification of Coverage. Contractor shall furnish the County with certificates of insurance and with 

original endorsements effecting coverage required by this clause. The certificates and endorsements 

for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on 

its behalf. All certificates and endorsements are to be received and approved by the County before 

work commences. The County reserves the right to require complete, certified copies of all required 

insurance policies at any time. 

3 



BC-04-23-13-34 

Attachment #1 

Page 4 of 60 

F. Subcontractors. Contractors shalt include all subcontractors as insureds under its policies or shall 


subcontractors shalt be subject to all of the requirements stated herein. 

9. PERMITS 

The Contractor shalt pay for all necessary permits as required by law. 

10. LICENSES 

The Contractor shalt be responsible for obtaining and maintaining his city or county occupational license 

and any licenses required pursuant to the laws of Leon County, the City of Tallahassee, or the State of 

Florida. Should the Contractor, by reason of revocation, failure to renew, or any other reason, fail to 

maintain his license to operate, the contractor shall be in default as of the date such license is lost. 


This Agreement shall not be assigned or sublet as a whole or in part without the written consent of the 

County nor shall the contractor assign any monies due or to become due to him hereunder without the 

previous written consent of the County. 

12. PAYMENT AND PERFORMANCE BOND 

A Payment and Performance Bond in the amount of 100% of the estimated project cost for each project 

exceeding $100,000.00 shall be supplied by the Contractor at the time of Agreement execution. Also, a 

Payment and Material Bond for the Agreement amount shall be supplied by the Contractor at the same 

time. 

Payment and Performance and Material Bonds shall provide that, in the event of non-performance on the 

part of the Contractor the bond can be presented for honor and acceptance at an authorized representative 

or institution located in Tallahassee, Florida. The Payment and Performance Bond shall be in the following 

form: 

PUBLIC CONSTRUCTION BOND 

Bond No.(enter bond number) 

BY THIS BOND, We , as Principal and-----.,..-,----a 

corporation, as Surety, are bound to , herein called Owner, in the sum of$ , 

for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, 

jointly and severally. 

THE CONDITION OF THIS BOND is that if Principal: 

1. Performs the contract dated , between Principal and Owner for construction of , the 

contract being made a party of this bond by reference, at the time and in the manner prescribed in the 

contract; and 

2. Promptly makes payments to all claimants, as defined in Section 255.05(1}, Florida Statutes, 

supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the 

prosecution of the work provided for in the contract; and 

3. Pays Owner all losses, damages, expenses, costs, and attorney's fees, including appellate 

proceedings, that Owner sustains because of a default by Principal under the contract; and 

4. Performs the guarantee of all work and materials furnished under the contract for the time specified in 

the contract, then this bond is void; otherwise it remains in full force. 

4 



BC-04-23-13-34 

Attachment #1 

Page 5 of 60 

Any action instituted by a claimant under this bond for payment must be in accordance with the notice and 

time limitation provisions in Section 255.05(2), Florida Statutes. 

Any changes in or under the contract documents and compliance or noncompliance with any formalities 

connected with the contract or the changes does not affect Surety's obligation under this bond . 

DATED on this the day of 

By: 

(Name of Principal) 

(As Attorney-In-Fact) 

(Name of Surety) 

,20_. 

Payment bonds executed as a result of the requirements herein by a surety shall make reference to Section 

255.05, Florida Statutes, by number and shall contain reference to the notice and time limitation provisions 

in Section 255.05, Florida Statutes. 

13. INDEMNIFICATION 

The Contractor agrees to indemnify and hold harmless the County, its officials, officers and employees, 

from and against any and all liabilities, damages, losses and costs, including, but not limited to reasonable 

attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of 

the Contractor and persons employed or utilized by the Contractor in the performance of this agreement. 

The County may, at its sole option, defend itself or required the Contractor to provide the defense. The 

Contractor acknowledges that the sum of ten dollars ($10.00) of the amount paid to the Contractor 

constitutes sufficient consideration for the Contractor's indemnification of the County, its officials, officers 

and employees. 

It is understood that the Contractors responsibility to indemnify and defend the County, it officials, officers 

and employees is limited to the Contractors proportionate share of liability caused by the negligent acts or 

omissions of the Contractor, its delegates, agents or employees. 

14. MINORITY BUSINESS ENTERPRISE {M/WBE) PARTICIPATION 

The Contractor shall meet or exceed the MIWBE participation levels stated in the Contractor's MIWBE 

Participation Statement included as part of the Contractor's response for this project, see Exhibit B, 

attached hereto and made a part hereof except when the County Good Faith Committee approves an 

exception. 

The Contractor shall provide a monthly report to the Leon County Minority, Women and Small Business 

Enterprise Division in a format and manner prescribed by the Division. The report shall, at a minimum, 

indicate the business name of each certified Minority Business Enterprise or Women Business Enterprise 

sub-contractor utilized, the amount paid, the type of work performed, the appropriate invoice date, and the 

payment date to the Division. 

Should Contractor's sub-contractor utilization fall below the level required in this Agreement or should 

Contractor substitute MWBE sub-contractors without prior written approval of the Division, the Contractor 

may be in breach of the Agreement. Contractors found in breach of their Agreement with the County may 

be suspended from bidding on and/or participation in any future County projects for up to three (3) years as 

provided in Section 15 of the Purchasing and Minority, Women, and Small Business Enterprise Policy 96-1 . 

Any change in the subcontractor utilization as listed on the participation plan (Exhibit B), must be approved 

by the MWSBE Division. Should the Contractor determine that the MWBE named in their participation plan 

5 



BC-04-23-13-34 

Attachment #1 

Page 6 of 60 

submittal is unavailable or cannot perform the work, the Contractor shall request a change order. Such 

change order must be submitted to the MWSBE Division in writing at 2284 Miccosukee Road, Tallahassee, 

Florida or by facsimile to (850) 606-1651. 

15. AUDITS. RECORDS. AND RECORDS RETENTION 

The Contractor agrees: 

a. To establish and maintain books, records, and documents (including electronic storage media) in 


properly reflect all revenues and expenditures of funds provided by the County under this Agreement. 

b. To retain all client records, financial records, supporting documents, statistical records, and any other 

documents (including electronic storage media) pertinent to this Agreement for a period of five (5) 

years after termination of the Agreement, or if an audit has been initiated and audit findings have not 

been resolved at the end of five (5) years, the records shall be retained until resolution of the audit 

findings or any litigation which may be based on the terms of this Agreement. 

c. Upon completion or termination of the Agreement and at the request of the County, the Contractor 

will cooperate with the County to facilitate the duplication and transfer of any said records or 

documents during the required retention period as specified in paragraph 1 above. 

d. To assure that these records shall be subject at all reasonable times to inspection, review, or audit by 

Federal, state, or other personnel duly authorized by the County. 

e. Persons duly authorized by the County and Federal auditors, pursuant to 45 CFR, Part 92.36(1)(10}, 

shall have full access to and the right to examine any of provider's Agreement and related records 

and documents, regardless of the form in which kept, at all reasonable times for as long as records 

are retained . 

f. To include these aforementioned audit and record keeping requirements in all approved subcontracts 

and assignments. 

16. MONITORING 

To permit persons duly authorized by the County to inspect any records, papers, documents, facilities, 

goods, and services of the provider which are relevant to this Agreement, and interview any clients and 

employees of the provider to assure the County of satisfactory performance of the terms and conditions of 

this Agreement. 

Following such evaluation, the County will deliver to the provider a written report of its findings and will 

include written recommendations with regard to the provider's performance of the terms and conditions of 

this Agreement. The provider will correct all noted deficiencies identified by the County within the specified 

period of time set forth in the recommendations. The provider's failure to correct noted deficiencies may, at 

the sole and exclusive discretion of the County, result in any one or any combination of the following: (1) 

the provider being deemed in breach or default of this Agreement; (2) the withholding of payments to the 

provider by the County; and (3) the termination of this Agreement for cause. 


Leon County may terminate this Agreement without cause, by giving the Contractor thirty (30) days written 

notice of termination. Either party may terminate this Agreement for cause by giving the other party hereto 

thirty (30) days written notice of termination. The County shall not be required to give Contractor such thirty 

(30) day written notice if, in the opinion of the County, the Contractor is unable to perform its obligations 

hereunder, or if in the County's opinion, the services being provided are not satisfactory. In such case, the 

County may immediately terminate the Agreement by mailing a notice of termination to the Contractor. 

6 



BC-04-23-13-34 

18. PUBLIC ENTITY CRIMES STATEMENT 

Attachment #1 

Page 7 of 60 

In accordance with Section 287.133, Florida Statutes, Contractor hereby certifies that to the best of his 

knowledge and belief neither Contractor nor his affiliates has been convicted of a public entity crime. 

Contractor and his affiliates shall provide the County with a completed public entity crime statement form no 

later than January 15 of each year this Agreement is in effect. Violation of this section by the Contractor 

shall be grounds for cancellation of this Agreement by Leon County. 

19. UNAUTHORIZED ALIEN(S) 

The Contractor agrees that unauthorized aliens shall not be employed nor utilized in the performance of the 

requirements of this solicitation. The County shall consider the employment or utilization of unauthorized 

aliens a violation of Section 274A(e) of the Immigration and Naturalization Act (8 U.S.C. 1324a). Such 

violation shall be cause for unilateral termination of this Agreement by the County. 

20. NON-WAIVER 

Failure by the County to enforce or insist upon compliance with any of the terms or conditions of this 

Agreement or failure to give notice or declare this Agreement terminated shall not constitute a general 

waiver or relinquishment of the same, or of any other terms, conditions or acts; but the same shall be and 

remain at all times in full force and effect. 

21 . DELAY 

No claim for damages or any claim other than for an extension of time shall be made or asserted against 

the County by reason of any delays. The Contractor shall not be entitled to an increase in the contract sum 

or payment or compensation of any kind from the County for direct, indirect, consequential, impact or other 

costs, expenses or damages, including but limited to costs of acceleration or inefficiency, arising because 

of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, 

interference or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or 

unavoidable; provided, however, that this provision shall not preclude recovery of damages by the 

Contractor for hindrances or delays due solely to fraud, bad faith, or active interference on the part of the 

County or its agents. Otherwise, the Contractor shall be entitled only to extensions of the contract time as 

the sole and exclusive remedy for such resulting delay, in accordance with and to the extent specifically 

provided above. 

22. REVISIONS 

In any case where, in fulfilling the requirements of this Agreement or of any guarantee, embraced in or 

required thereby it is necessary for the Contractor to deviate from the requirements of the bid, Contractor 

shall obtain the prior written consent of the County. 

23. VENUE 

Venue for all actions arising under this Agreement shall lie in Leon County, Florida. 

24. CONSTRUCTION 

The validity, construction, and effect of this Agreement shall be governed by the laws of the State of Florida. 

25. CONFLICTING TERMS AND CONDITIONS 

In the instance that any other agreement exists concerning the matters herein, then the terms and 

conditions in this Agreement shall prevail over all other terms and conditions. 

7 



BC-04-23-13-34 

ATTEST: 



By: ________________________ _ 


LEON COUNTY ATTORNEY'S OFFICE 

By:, __ .,....-....,....,....,-,------------------ 

Herbert W.A. Thiele, Esq. 



BY: ______________________ __ 

Vincent S. Long 


DATE: ___________ _ 

9 


Attachment #1 

Page 9 of 60

Bid Title: Sidewalk and Associated Work Construction, Continuing Services 

Bid No: BC-04-23-13-34 

Opening Date: Tuesday, April23, 2013 at 2:00PM 

Location: 1800-3 N. Blair Stone Road, Tallahassee, Florida 32308 

I. INSTRUCTION TO BIDDERS 

To Insure Acceptance of Your Bid, Please Follow These Instructions: 

Attachment #1 

Page 10 of 60 

Exhibit A 

Page 1 to 33 

1. Items listed on the bid checklist in this form and all other items required within this 

invitation to bid must be executed and/or submitted in a sealed envelope. Address 

your sealed envelope as follows: 

Bid No. BC-04-23-13-34 





2. Bid must be typed or printed in ink. All corrections made by the bidder prior to the 

opening must be initialed and dated by the bidder. No changes or corrections will 

be allowed after bids are opened. 

3. Bid must contain an original. manual signature of an authorized representative of 

the company. 

4. The bid opening shall be public on the date and time specified on the bid. It is the 

bidder's responsibility to assure that the bid is delivered at the proper time and 

location. Bids which are received after the bid opening time will be returned 

unopened to the bidder. 

5. Bidders are expected to examine the specifications, delivery schedule, bid prices 

and extensions and all general and special conditions of the bid prior to submission. 

In case of error in price extension, the unit price will govern. 

6. If you are not submitting a bid but wish to remain on our bid list, please return the 

"Statement of No Bid" form and provide an explanation in detail where requested . 

7. Special Accommodation: Any person requiring a special accommodation at a Pre 

Bid Conference or Bid opening because of a disability should call the Division of 

Purchasing at (850) 606-1600 at least five (5) workdays prior to the Pre-Bid 

Conference or Bid opening. If you are hearing or speech impaired, please contact 

the Purchasing Division by calling the County Administrator's Office using the 

Florida Relay Service which can be reached at 1(800) 955-8771 (TDD). 

NOTE: ANY AND ALL CONDITIONS OR REQUIREMENTS ATTACHED HERETO 

WHICH VARY FROM THE INSTRUCTIONS TO BIDDERS WILL BE PRECEDENT. 



Bid No: BC-04-23-13-34 


PURPOSE: 

Attachment #1 

Page 11 of 60 

Exhibit A 

Page 2 to 33 

Leon County is seeking the continuing supply services of a qualified vendor for the construction of 

sidewalks at various locations within Leon County, Florida. The scope of work to be performed under this 

bid will include sidewalk construction and any work associated with construction of a sidewalk within an 

open swale system or a curb & gutter system between the edge of the vehicular travel lane and the Rightof-way 

line including but not limited to enhancing and maintaining existing drainage system, driveway 

reconstruction, embankment or retaining wall construction to support the sidewalk, and shoulder 

reworking. All quantities represent good faith estimates made by Leon County. Actual in-place quantities 

may vary from those shown and described in the contract documents. Leon County does not guarantee 

purchase of the full amounts shown or indicated for any item within this document. 

The initial agreement term will be two (2) years. After the initial two (2) year period, at the sole discretion 

of the County, this contract may be extended for no more than one additional one (1) year period. Such 

one year extension will be automatic unless the County provides written notice of non-renewal to the 

Contractor no less than thirty days prior to the expiration date of the current term. Price increases, if any, 

may be negotiated at the time of contract renewal. In no case shall any increase exceed the increase in 

the Consumer Price Index during the contract term. 

The Contractor must be certified by the Florida Department of Transportation (FDOT) for this type of 

installation. Proof of certification must be submitted with the bid. 

PRE-BID CONFERENCE: 

A MANDATORY Pre-Bid Conference is scheduled for Wednesday, April3, 2013 at 10:00 AM. The Pre-Bid 

Conference will be held in the Purchasing Bid Room, 1800-3 N. Blair Stone Road, Tallahassee, Florida. 

LAST DAY FOR QUESTIONS: 

The last day for questions or clarifications is April 12, 2013. 

BID DEADLINE: 

Bid must be submitted no later than April 23, 2013 at 2:00PM. 

BID INFORMATION AND CLARIFICATION: 

Questions pertaining to bid procedures or regarding the specifications should be addressed to Shelly W. 

Kelley or Don Tobin, phone(850) 606-1600; fax (850) 606-1601: E-mail Kelleys@leoncountyfl.gov or 

tobind@leoncountyfl.gov. Written inquiries are preferred. 

Each Bidder shall examine the solicitation documents carefully; and, no later than the last day for 

questions or clarifications posted above, he shall make a written request to the County for interpretations 

or corrections of any ambiguity, inconsistency or error which he may discover. All interpretations or 

corrections will be issued as addenda. The County will not be responsible for oral clarifications. No 

negotiations, decisions or actions shall be initiated or executed by the proposer as a result of any 

discussions with any County employee prior to the opening of proposals. Only those communications 

which are in writing from the County may be considered as a duly authorized expression on the behalf of 

the Board. 

Also, only communications from firms which are in writing and signed will be recognized by the Board as 

duly authorized expressions on behalf of proposers. 

ADDENDA TO SPECIFICATIONS 

If any addenda are issued after the initial specifications are released, the County will post the addenda on 

the Leon County website at: 

http://cms.leoncountyfl.gov/Home/Departments/OfficeofFinanciaiStewardship/Purchasing/Addenda. For 



Bid No: BC-04-23-13-34 


Attachment #1 

Page 12 of 60 

Exhibit A 

Page 3 to 33 

those projects with separate plans, blueprints, or other materials that cannot be accessed through the 

internet, the Purchasing Division will make a good faith effort to ensure that all registered bidders (those 

who have been registered as receiving a bid package) receive the documents. It is the responsibility of 

the bidder prior to submission of any bid to check the above website or contact the Leon County 

Purchasing Division at (850) 606-1600 to verify any addenda issued. The receipt of all addenda must be 

acknowledged on the bid response sheet. 

PROHIBITED COMMUNICATIONS 

Any Form of communication, except for written correspondence, shall be prohibited regarding a particular 

request for proposal, request for qualification, bid, or any other competitive solicitation between: 

1. Any person or person's representative seeking an award from such competitive solicitation; and 

2. Any County Commissioner or Commissioner's staff, or any county employee authorized to act on 

behalf of the Commission to award a particular contract. 

For the purpose of this section, a person's representative shall include, but not be limited to, the person's 

employee, partner, officer, director, consultant, lobbyist, or any actual or potential subcontractor or 

consultant of the person. 

The prohibited communication shall be in effect as of the deadline to submit the proposal, bid, or other 

response to a competitive solicitation. 

The provisions of this section shall not apply to oral communications at any public proceeding, including 

pre-bid conferences, oral presentations before selection committees, contract negotiations during any 

public meetings, presentations made to the Board, and protest hearings. Further, the provisions of this 

section shall not apply to contract negotiations between any employee and the intended awardee, any 

dispute resolution process following the filing of a protest between the person filing the protest and any 

employee, or any written correspondence with any employee, County Commissioner, or decision-making 

board member or selection committee member, unless specifically prohibited by the applicable competitive 

solicitation process. 

The provisions of this section shall terminate at the time the Board, or a County department authorized to 

act on behalf of the Board, awards or approves a contract, rejects all bids or responses, or otherwise takes 

action which ends the solicitation process. 

The penalties for an intentional violation of this article shall be those specified in §125.69(1 }, Florida 

Statutes, as amended, and shall be deemed supplemental to the penalties set forth in Section 1-9 of the 

Code of Laws, Leon County, Florida. 

REGISTRATION: 

Bidders obtain solicitation documents from sources other than the Leon County Purchasing Division or 

Demandstar.com MUST officially register with the County Purchasing Division in order to be placed on the 

planholders list for the solicitation. Bidders should be aware that solicitation documents obtained from 

sources other than those listed above may be drafts, incomplete, or in some other fashion different from 

the official solicitation document(s). Failure to register through the Purchasing Division or online through 

Demandstar.com may cause your submittal to be rejected as non-responsive. 

CONTRACTOR'S QUALIFICATIONS 

The Contractor must be certified by the Florida Department of Transportation (FOOT) for this type of 

installation. Failure to demonstrate FOOT certification in the fashion described will result in the rejection of 

bid. 

PREPARATION AND SUBMISSION OF BID: 

Each Bidder shall submit Bid Prices and other requested information, including alternates or substitutions 



Bid No: BC-04-23-13-34 


Attachment #1 

Page 13 of 60 

Exhibit A 

Page 4 to 33 

if allowed by this invitation to bid, on the proper forms and in the manner herein prescribed. Any erasures 

or other corrections in the Bid must be explained or noted over the signature of the Bidder. Bids 

containing any conditions or irregularities of any kind may be rejected by the County. All bids must be 

submitted in a sealed envelope or other appropriate container. Facsimiles will not be accepted. It is the 

intention of the County to award this bid based on the low total bid price and/or other criteria herein 

contained meeting all specifications. 

REJECTION OF BIDS: 

The County reserves the right to reject any and/or all bids when such rejection is in the best interest of the 

County. 

RECEIPT AND OPENING OF BIDS: 

Bids will be opened publicly at the time and place stated in the Invitation to Bid. The person whose duty it 

is to open them will decide when the specified time has arrived and no bids received thereafter will not be 

considered. No responsibility shall be attached to any person for the premature opening of a Bid not 

properly addressed and identified. At the time fixed for the opening of bids, the bids will be made public 

and posted on the Purchasing Division website at: 

http://cms.leoncountyfl.gov/Home/Departments/OfficeofFinanciaiStewardship/PurchasingfTabulationSheets 

A bidder may request, in their bid submittal, a copy of the tabulation sheet to be mailed in a bidder 

provided, stamped self-addressed envelope for their record. 

Sealed bids, proposals, or replies received by the County pursuant to a competitive solicitation are exempt 

from public records requirements until such time as the County posts an intended decision or until 30 days 

after opening of the documents, whichever is earlier. 

WITHDRAWAL OF BIDS: 

Bids may be withdrawn by written or telegraphic request received from Bidders prior to the time fixed for 

opening. Negligence on the part of the Bidder in preparing the Bid confers no right for the withdrawal of the 

bid after it has been opened. 

AWARD OF BIDS/BID PROTEST: 

The bid will be awarded to the lowest responsive, responsible bidder, unless otherwise stated elsewhere in 

this document. The County reserves the right to waive any informality in bids and to award a bid in whole 

or in part when either or both conditions are in the best interest of Leon County. 

Notice of the Intended Decision will be posted on the Leon County website at: 

http://cms.leoncountyfl.gov/Home/Departments/OfficeofFinanciaiStewardship/Purchasing/lntendedDecisions 

for a period of seventy-two (72) consecutive hours, which does not include weekends or County observed 

holidays. Failure to file a protest within the time prescribed in Leon County Policy No. 96-1, Purchasing and 

Minority, Women and Small Business Enterprise Policy, or failure to post the bond or other security required 

by law within the time allowed for filing a bond shall constitute a waiver of proceedings. Notice of intent of 

bid protest shall be made in writing to the Purchasing Director, 1800-3 N. Blair Stone Road , Tallahassee, 

Florida 32308. The bidder shall be responsible for inquiring as to any and all award 

recommendation/postings. 

Should concerns or discrepancies arise during the bid process, bidders are encouraged to contact the 

Purchasing Division prior to the scheduled bid opening. Such matters will addressed and/or remedied prior 

to a bid opening or award whenever practically possible. Bidders are not to contact departments or divisions 

regarding the bidder complaint. 

PLANHOLDERS 

As a convenience to bidders, Leon County has made available via the internet lists of all registered 



Bid No: BC-04-23-13-34 

Opening Date: Tuesday, April 23, 2013 at 2:00 PM 

Attachment #1 

Page 15 of 60 

Exhibit A 

Page 6 to 33 

to effectively communicate Leon County procurement and contracting opportunities, through 

enhanced business relationships, to end disparity and to increase participation opportunities 

for certified minority and women-owned business enterprises in a competitive environment. 

This program shall: 

a. Eliminate any policies and/or procedural barriers that inhibit MBE and WBE 

participation in our procurement process. 

b. Established targets designed to increase MBE and WBE utilization proportionate to 

documented under utilization. 

c. Provide increased levels of information and assistance available to MBE's and 

WBEs. 

d. Implement mechanisms and procedures for monitoring MBE and WBE compliance 

by prime contractors. 

2. The term "Certified Minority Women Business Enterprise" (MWBE) is defined as Minority 

Business Enterprise (MBE) and Women Business Enterprise (WBE) firms certified by Leon 

County or the City of Tallahassee. Some firms with MBE or WBE certification by the State 

of Florida may be accepted under a reciprocal agreement but those from other 

governmental organizations are not accepted by Leon County. 

3. Each Respondent is strongly encouraged to secure MBE and WBE participation through 

purchase(s) of those goods or services to be provided by others. Firms responding to this 

bid are hereby made aware of the County's targets for MBE and WBE utilization. 

Respondents that require assistance or guidance with these MBE or WBE requirements 

should contact: Shanea Wilks, Leon County Minority, Women, and Small Business 

Enterprise Director, by telephone at (850) 606-1650; fax (850) 606-1651 or by e-mail 

wilkssh@leoncountyfl.gov. 

Respondent must complete and submit the attached Minority and Women Business 

Enterprise Participation Plan form . Failure to submit the completed Minority and Women 

Business Enterprise Participation Plan form may result in a determination of nonresponsiveness 

for the bid. 

If the aspirational target is not met, you must denote your good faith effort on the 

Participation Plan Form. All respondents, including MBE's, and WBE's shall either meet the 

aspirational target(s), or if not met, demonstrate in their bid response that a good faith effort 

was made to meet the aspirational target(s). Failure to complete such good faith effort 

statement may result in the bid being non-responsive. Below, are policy examples of good 

faith efforts that respondents can use if they are not meeting the aspirational target. These 

examples can be used to demonstrate the good faith effort. 

a. Advertised for participation by MNVBEs in non-minority and minority publications 

within the Market area, including a copy of the advertisement and proof of the date(s) it 

appeared - or by sending correspondence, no less than ten (1 0) days prior to the 

submission deadline, to all MtWBEs referred to the respondent by the MWSBE Division 

for the goods and services to be subcontracted and/or supplied 

b. Documented that the bidding Prime Contractor provided ample time for potential 

MBE and/or WBE subcontractors to respond to bid opportunities, including a chart 

outlining the schedule/time frame used to obtain bids from MBE and WBE Vendors 

as applicable to the aspirational Target. 

c. Contacted the MWSBE Division for a listing of available MtWBEs who provide the 

services needed for the bid or proposal. 



Bid No: BC-04-23-13-34 


Attachment #1 

Page 16 of 60 

Exhibit A 

Page 7 to 33 

d. Contacted MBEs and/or WBEs who provide the services needed for the bid or 

proposal. 

e. Documented follow-up telephone calls with potential M/WBE subcontractors 

seeking participation. 

f. Allowed potential M/WBE Subcontractors to review bid specifications, blueprints 

and all other Bid/RFP related items at no charge to the M/WBEs. 

g. Contacted the MWSBE Division, no less than five (5) business days prior to the 

Bid/RFP deadline, regarding problems the with respondent is having in achieving 

and/or reaching the aspirational targets. 

h. Other documentation indicating their Good Faith Efforts to meet the aspirational 

targets. Please provide details below. 

For goods and/or services to be performed in this project, the following are the aspirational targets 

for participation by certified MBE's and/or WBE's. 

Construction Sub-Contractor Targets: 

5. Definitions for the above targets follow: 

Minority Business Enterprise- 17% 

Woman Business Enterprise - 9% 

a. Minority/Women Business Enterprise (MWBE) - a business that is owned and 

controlled by at least 51% by one or more minority persons or by at least 51% by 

one or more women, and whose management and daily operations are controlled 

by one or more such persons shall constitute a Minority/Women business 

Enterprise. No business owned or controlled by a white female shall be considered 

a minority business for the purpose of this program if the ownership was brought 

about by transfer of ownership interest to the woman or women, other than by 

decent, within two (2) years following the sale or transfer of ownership. For the 

purpose of this program, all applicants for certification as a bona fide MWBE shall 

be an independent business entity which provides a commercially useful function . 

No business owned and controlled by a white male and transferred or sold to a 

minority or woman/women, for the purpose of participation in the County's MWBE 

Program, shall be considered eligible for MWBE Certification. 

b. Minority Person - an individual who is a citizen of the United States or a lawfully 

admitted permanent resident and who is a(n): 

1) African/Black Americans -All persons having origins in any of the Black 

African racial groups not of Hispanic origins and having community 

identification as such. 

2) Hispanic Americans- All persons (Mexican, Puerto Rican, Cuban, Central 

or South American or other Spanish Culture or origin, regardless of race) 

reared in a Hispanic environment and whose surname is Hispanic and 

having community identification as such. 

3) Asian American- All persons having origins in any of the original peoples of 

the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific 

Islands and having community identification as such. 

4) American Indians, Alaskan Natives and American Aleuts- All persons 

having origins in any of the original people of North America, maintaining 

identifiable tribal affiliations through membership and participation and 




Bid No: BC-04-23-13-34 


c. Women - American Woman 

Attachment #1 

Page 17 of 60 

Exhibit A 

Page 8 to 33 

6. Prime contractors will negotiate in good faith with interested MWBE's, not rejecting a MWBE 

as unqualified or unacceptable without sound business reasons based on a through 

investigation of their capabilities. The basis for rejecting any MWBE deemed unqualified 

or unacceptable by the Prime Contractor shall be included in the Good Faith Effort 

documentation. The Prime Contractor shall not impose unrealistic conditions of 

performance on MWSBE's seeking subcontracting opportunities. 

7. Leon County reserves the right to request supporting documentation as evidence of good 

faith efforts indicated above at any time. Failure to provide supporting documentation when 

requested shall deem your bid/proposal as non-responsive. 

B. Equal Opportunity/Affirmative Action Requirements 

The contractors and all subcontractors shall agree to a commitment to the principles and practices 

of equal opportunity in employment and to comply with the letter and spirit of federal, state, and local 

laws and regulations prohibiting discrimination based on race, color, religion, national region, sex, 

age, handicap, marital status, and political affiliation or belief. 

For federally funded projects, in addition to the above, the contractor shall agree to comply with 

Executive Order 11246, as amended, and to comply with specific affirmative action obligations 

contained therein. 

In addition to completing the Equal Opportunity Statement, the Respondent shall include a copy of 

any affirmative action or equal opportunity policies in effect at the time of submission. 

LOCAL PREFERENCE IN PURCHASING AND CONTRACTING 

1. Preference in bidding. In purchasing of, or letting of contracts for procurement of, personal property, 

materials, contractual services, and construction of improvements to real property or existing 

structures in which pricing is the major consideration, the authorized purchasing authority of Leon 

County may give a preference to local businesses in making such purchase or awarding such 

contract, as follows: 

a) Individuals or firms which have a home office located within Leon, Gadsden, Wakulla, or 

Jefferson County, and which meet all of the criteria for a local business as set forth in this 

article, shall be given a preference in the amount of five percent of the bid price. 

b) Individuals or firms which do not have a home office located within Leon, Gadsden, 

Wakulla, or Jefferson County, and which meet all of the criteria for a local business as set 

forth in this article, shall be given a preference in the amount of three percent of the bid 

price. 

The maximum cost differential shall not exceed $20,000.00. Total bid price shall include the base 

bid and all alternatives or options to the base bids which are part of the bid and being recommended 

for award by the appropriate authority. 

2. Preference in bidding for construction services in projects estimated to exceed $250,000. Except 

where otherwise prohibited by federal or state law or other funding source restrictions, in the 

purchasing of, or letting of contracts for procurement of construction services for improvements to 

real property or existing structures that are estimated to exceed $250,000 in value, the County may 

give preference to local businesses in the following manner: 

a) Under a competitive bid solicitation, when the lowest responsive and responsible bid is 

submitted by an individual or firm that is not a local business , then the local business that 

submitted the lowest responsive and responsible bid shall be offered the opportunity to 



Bid No: BC-04-23-13-34 

Opening Date: Tuesday, April 23, 2013 at 2:00PM 

Attachment #1 

Page 18 of 60 

Exhibit A 

Page 9 to 33 

perform the work at the lowest bid amount, if that local business's bid was not greater than 

11 0% of the lowest responsive and responsible bid amount. 

b) All contractual awards issued in accordance with the provisions of this subsection 

(paragraph 2) shall contain aspirational trade contractor work targets, based on market and 

economic factors, of 85 percent as follows: The successful individuals or firms shall agree to 

engage not less than 85 percent of the dollar value of trade contractor work with local 

businesses unless the successful individuals or firms prove to the County's satisfaction, that 

the trade contractor work is not available locally with the Leon, Gadsden, Wakulla or 

Jefferson County area. The term "trade contractor" shall mean a subcontractor who 

contracts with the prime contractor and whose primary activity is performing specific 

activities (e .g., pouring concrete, masonry, site preparation, framing, carpentry, dry wall 

installation, electrical, plumbing, painting) in a construction project but is not responsible for 

the entire project. 

3. Local business definition. For purposes of this section, "local business" shall mean a business 

which: 

a) Has had a fixed office or distribution point located in and having a street address within 

Leon, Gadsden, Wakulla, or Jefferson County for at least six (6) months immediately prior to 

the issuance of the request for competitive bids or request for proposals by the County; and 

b) Holds any business license required by the County, and, if applicable, the City of 

Tallahassee; and 

c) Is the principal offeror who is a single offeror; a business which is the prime contractor and 

not a subcontractor; or a partner or joint venturer submitting an offer in conjunction with 

other businesses. 

3. Certification. Any bidder claiming to be a local business as defined, shall so certify in writing to the 

Purchasing Division. The certification shall provide all necessary information to meet the 

requirements of above. The Local Vendor Certification Form is enclosed. The purchasing agent 

shall not be required to verify the accuracy of any such certifications, and shall have the sole 

discretion to determine if a bidder meets the definition of a "local business." 

INSURANCE: 

Bidders' attention is directed to the insurance requirements below. Bidders should confer with their 

respective insurance carriers or brokers to determine in advance of bid submission the availability of 

insurance certificates and endorsements as prescribed and provided herein. The Insurance Certification 

Form attached hereto is to be completed and submitted as part of your bid response. If an apparent low 

bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of 

the contract. 

Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to 

persons or damages to property which may arise from or in connection with the performance of the work 

hereunder by the Contractor, his agents, representatives, employees or subcontractors. The cost of such 

insurance shall be included in the Contractor's bid. 

1. Minimum Limits of Insurance. Contractor shall maintain limits no less than: 

a. General Liability: $1 ,000,000 Combined Single Limit for bodily injury and property 

damage per occurrence with a $2,000,000 annual aggregate. Completed operations 

coverage will be provided for a period of three (3) years beyond termination and/or 

completion of the project. Coverage must include bodily injury and property damage, 

including Premise/Operations: a per location aggregate, Broad Form Contractual liability; 

Broad Form Property Damage; Fire Legal liability; Independent Contractors coverage; 

Cross Liability & Severability of Interest Clauses; and Personal Injury (deleting employee 

and contractual exclusions), and coverage for explosion, collapse, and underground 



Bid No: BC-04-23-13-34 


(X,C,U). 

Attachment #1 

Page 19 of 60 

Exhibit A 

Page 10 to 33 

b. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and 

property damage. (Non-owned, Hired Car). 

c. Workers' Compensation and Employers Liability: Workers' Compensation insurance 

covering all employees and meeting statutory requirements in compliance with the 

applicable state and federal laws and Employer's Liability with a limit of $500,000 per 

accident, $500,000 disease policy limit, $500,000 disease each employee. Waiver of 

Subrogation in lieu of Additional Insured is required. 

2. Deductibles and Self-Insured Retentions 

Any deductibles or self-insured retentions must be declared to and approved by the County. At the 

option of the County, either: the insurer shall reduce or eliminate such deductibles or self-insured 

retentions as respects the County, its officers, officials, employees and volunteers; or the Contractor 

shall procure a bond guaranteeing payment of losses and related investigations, claim 

administration and defense expenses. 

3. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following 

provisions: 

a. General Liability and Automobile Liability Coverages (County is to be named as Additional 

Insured). 

1. The County, its officers, officials, employees and volunteers are to be covered as 

insureds as respects; liability arising out of activities performed by or on behalf of 

the Contractor, including the insured's general supervision of the Contractor; 

products and completed operations of the Contractor; premises owned, occupied or 

used by the Contractor; or automobiles owned, leased, hired or borrowed by the 

Contractor. The coverage shall contain no special limitations on the scope of 

protections afforded the County, its officers, officials, employees or volunteers. 

2. The Contractor's insurance coverage shall be primary insurance as respects the 

County, it officers, officials, employees and volunteers. Any insurance of selfinsurance 

maintained by the County, its officers, officials, employees or volunteers 

shall be excess of the Contractor's insurance and shall not contribute with it. 

3. Any failure to comply with reporting provisions of the policies shall not affect 

coverage provided to the county, its officers, officials, employees or volunteers. 

4. The Contractor's insurance shall apply separately to each insured against whom 

claims is made or suit is brought, except with respect to the limits of the insurer's 

liability. 

b. All Coverages 

Each insurance policy required by this clause shall be endorsed to state that coverage shall 

not be suspended, voided, canceled by either party, reduced in coverage or in limits except 

after thirty (30) days' prior written notice by certified mail, return receipt requested, has been 

given to the County. 

4. Acceptability of Insurers. Insurance is to be placed with insurers with a Best's rating of no less than 

A :VII. 

5. Verification of Coverage. Contractor shall furnish the County with certificates of insurance and with 

original endorsements effecting coverage required by this clause. The certificates and 



Bid No: BC-04-23-13-34 


Attachment #1 

Page 20 of 60 

Exhibit A 

Page 11 to 33 

endorsements for each insurance policy are to be signed by a person authorized by that insurer to 

bind coverage on its behalf. All certificates and endorsements are to be received and approved by 

the County before work commences. The County reserves the right to require complete, certified 

copies of all required insurance policies at any time. Certificates of Insurance acceptable to the 

County shall be filed with the County prior to the commencement of the work. These policies 

described above, and any certificates shall specifically name the County as an additional Insured 

and shall contain a provision that coverage afforded under the policies will not be canceled until at 

least thirty (30) days prior to written notice has been given to the County. 

Cancellation clauses for each policy should read as follows: Should any of the 

above described policies be canceled before the expiration date thereof, the issuing 

company will mail thirty (30) days written notice to the Certificate Holder named 

herein. 

6. Subcontractors. Contractors shall include all subcontractors as insureds under its policies or shall 



AGREEMENT: 

After the bid award, the County will, at its option, prepare a purchase order or an agreement specifying the 

terms and conditions resulting from the award of this bid. Every procurement of contractual services shall 

be evidenced by a written agreement. The bidder will have five calendar days after receipt to acknowledge 

the purchase order or execute the agreement. 

The performance of Leon County of any of its obligations under the purchase order or agreement shall be 

subject to and contingent upon the availability of funds lawfully expendable for the purposes of the purchase 

order or agreement for the current and any future periods provided for within the bid specifications. 

PURCHASES BY OTHER PUBLIC AGENCIES: 

With the consent and agreement of the successful bidder(s), purchases may be made under this bid by 

other governmental agencies or political subdivisions within the State of Florida. Such purchases shall be 

governed by the same pricing, terms and conditions stated herein with no deviations allowed. This 

agreement in no way restricts or interferes with the right of any public agency or political subdivision to bid 

any or all of the items or services independently. 

PENALTIES: 

BIDS MAY BE REJECTED AND/OR Bidder(S) DISQUALIFIED FOR THE FOLLOWING REASONS: 

1. Consistent failure to respond to bid invitation for three (3) consecutive instances. 

2. Failure to update the information on file including address, product, service or business 

descriptions. 

3. Failure to perform according to contract provisions. 

4. Conviction in a court of law of any criminal offense in connection with the conduct of business. 

5. Clear and convincing evidence of a violation of any federal or state anti-trust law based on the 

submission of bids or proposals, or the awarding of contracts. 

6. Clear and convincing evidence that the bidder has attempted to give a Board employee a gratuity of 

any kind for the purpose of influencing a recommendation or decision in connection with any part of 

the Board's purchasing activity. 

7. Other reasons deemed appropriate by the Board of County Commissioners. 



Bid No: BC-04-23-13-34 


PUBLIC ENTITY CRIMES STATEMENT: 

Attachment #1 

Page 21 of 60 

Exhibit A 

Page 12 to 33 

A person or affiliate who has been placed on the convicted vendor list following a conviction for a public 

entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not 

submit a bid on a contract with a public entity for the construction or repair of a public building or public work, 

may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a 

contractor, subcontractor, or consultant under a contract with any public entity, and may not transact 

business with any public entity in excess of the threshold amount provided in Section 287.017, for 

CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By 

submission of a proposal in response to this document, the vendor certifies compliance with the above 

requirements as stated in Section 287.133, Florida Statutes. 

MANUFACTURERS' NAME AND APPROVED EQUIVALENTS: 

Manufacturers' names, trade names, brand names, information and/or catalog numbers listed in a 

specification are for information and not intended to limit competition. The bidder may offer any brand for 

which he is an authorized representative, which meets or exceeds the specifications for any item(s). If bids 

are based on equivalent products, indicate on the bid form the manufacturer's name and catalog number. 

Bidder shall submit with his bid, cuts, sketches, and descriptive literature and/or specifications. The bidder 

should also explain in detail the reason(s) why and submit proof that the proposed equivalent will meet the 

specifications and not be considered an exception thereto. The Leon County Board of County 

Commissioners reserves the right to be the sole judge of what is equal and acceptable. Bids which do not 

comply with these requirements are subject to rejection. If Bidder fails to name a substitute it will be 

assumed that he is bidding on, and he will be required to furnish goods identical to bid standard. 

IDENTICAL TIE BIDS: 

Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids 

which are equal with respect to price, quality, and service are received by the State or by any political 

subdivision for the procurement of commodities or contractual services, a bid received from a business that 

certifies that it has implemented a drug-free workplace program shall be given preference in the award 

process. Established procedures for processing tie bids will be followed if none of the tied vendors have a 

drug-free workplace program. Bidder must complete and submit as part of the bid response the attached 

"IDENTICAL TIE BID" form. Failure to submit a completed form may result in the bid being determined as 

non-responsive. 

ETHICAL BUSINESS PRACTICES 

A. Gratuities. It shall be unethical for any person to offer, give, or agree to give any County employee, 

or for any County employee to solicit, demand, accept, or agree to accept from another person, a 

gratuity or an offer of employment in connection with any decision, approval, disapproval, 

recommendation, or preparation of any part of a program requirement or a purchase request, 

influencing the content of any specification or procurement standard, rendering of advice, 

investigation, auditing, or performing in any other advisory capacity in any proceeding or application, 

request for ruling, determination, claim or controversy, or other particular matter, subcontract, or to 

any solicitation or proposal therefor. 

B. Kickbacks. It shall be unethical for any payment, gratuity, or offer of employment to be made by or 

on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor or 

any person associated therewith, as an inducement for the award of a subcontract or order. 

C. The Board reserves the right to deny award or immediately suspend any contract resulting from this 

proposal pending final determination of charges of unethical business practices. At its sole 

discretion, the Board may deny award or cancel the contract if it determines that unethical business 

practices were involved. 



Bid No: BC-04-23-13-34 


II. CONTRACT PROVISIONS 

PAYMENT AND PERFORMANCE BOND 

Attachment #1 

Page 22 of 60 

Exhibit A 

Page 13 to 33 

A Payment and Performance Bond in the amount of 1 00% of the estimated project cost shall be supplied by 

the Contractor at the beginning of each Notice to Proceed issued for each job. 

Payment and Performance and Material Bonds shall provide that, in the event of non-performance on the 

part of the Contractor the bond can be presented for honor and acceptance at an authorized representative 

or institution located in Tallahassee, Florida. The Payment and Performance Bond shall be in the following 

form: 

PUBLIC CONSTRUCTION BOND 

Bond No.(enter bond number) 

BY THIS BOND, We , as Principal and 

a corporation, as Surety, are bound to , herein called Owner, in the sum of$ 

for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, 

jointly and severally. 

THE CONDITION OF THIS BOND is that if Principal: 

1 . Performs the contract dated , between Principal and Owner for 

construction of , the contract being made a party of this bond by reference, at the time and 

in the manner prescribed in the contract; and 

2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida 

Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the 

prosecution of the work provided for in the contract; and 

3. Pays Owner all losses, damages, expenses, costs, and attorney's fees, including appellate 

proceedings, that Owner sustains because of a default by Principal under the contract; and 

4. Performs the guarantee of all work and materials furnished under the contract for the time 

specified in the contract, then this bond is void; otherwise it remains in full force. 

Any action instituted by a claimant under this bond for payment must be in accordance with the 

notice and time limitation provisions in Section 255.05(2), Florida Statutes. 

Any changes in or under the contract documents and compliance or noncompliance with any 

formalities connected with the contract or the changes does not affect Surety's obligation under this bond. 

DATED on this the day of '2012. 

By: 

(Name of Principal) 

(As Attorney-In-Fact) 

(Name of Surety) 

Payment bonds executed as a result of the requirements herein by a surety shall make reference to Section 

255.05, Florida Statutes, by number and shall contain reference to the notice and time limitation provisions 

in Section 255.05, Florida Statutes. 

TIME AND LIQUIDATED DAMAGES 



Bid No: BC-04-23-13-34 


Attachment #1 

Page 23 of 60 

Exhibit A 

Page 14 to 33 

The work to be performed under this contract shall be commenced within fifteen (15) days of the Notice to 

Proceed. All work to be performed under this Contract shall be completed within the time specified for each 

separate project. If the work to be performed under this Contract is not completed within the time set forth 

above, or within such extra time as may be granted by the County, the Contractor shall be deemed to be in 

default. For each day the Contractor is in default, the Contractor or its Surety shall pay to the County, not as 

a penalty, but as liquidated damages, the sum of $250.00. 

Permitting the Contractor to continue and finish the work or any part of it after the expiration of the contract 

time allowed, including extensions, if any, shall in no way act as a waiver on the part of County of the 

liquidated damages due under the contract. 

EMPLOYMENT ELIGIBILITY VERIFICATION 

1. Contractor agrees that it will enroll and participate in the federal E-Verify Program for Employment 

Verification under the terms provided in the "Memorandum of Understanding" governing the 

program. Contractor further agrees to provide to the County, within thirty days of the effective date of 

this contract/amendment/extension, documentation of such enrollment in the form of a copy of the 

E-Verify '"Edit Company Profile' screen", which contains proof of enrollment in theE-Verify Program 

(this page can be accessed from the "Edit Company Profile" link on the left navigation menu of the 

E-Verify employer's homepage). 

2. Contractor further agrees that it will require each subcontractor that performs work under this 

contract to enroll and participate in the E-Verify Program within sixty days of the effective date of this 

contract/amendment/extension or within sixty days of the effective date of the contract between the 

Contractor and the subcontractor, whichever is later. The Contractor shall obtain from the 

subcontractor(s) a copy of the "Edit Company Profile" screen indicating enrollment in the E-Verify 

Program and make such record(s) available to the Agency upon request. 

3. Contractor will utilize the U.S. Department of Homeland Security's E-Verify system to verify the 

employment eligibility of: (a) all persons employed during the term of the Agreement by Contractor 

to perform employment duties within Florida; and (b) all persons (including subcontractors) assigned 

by Contractor to perform work pursuant to the Agreement. 

a. Contractor must useE-Verify to initiate verification of employment eligibility for all persons 

employed during the term of the Agreement by Contractor to perform employment duties 

within Florida within 3 business days after the date of hire. 

b. Contractor must initiate verification of each person (including subcontractors) assigned by 

Contractor to perform work pursuant to the Agreement within 60 calendar days after the 

date of execution of this contract or within 30 days after assignment to perform work 

pursuant to the Agreement, whichever is later. 

4. Contractor further agrees to maintain records of its participation and compliance with the provisions 

of the E-Verify program, including participation by its subcontractors as provided above, and to 

make such records available to the County or other authorized state entity consistent with the terms 

of the Memorandum of Understanding. 

5. Compliance with the terms of this Employment Eligibility Verification provision is made an express 

condition of this contract and the County may treat a failure to comply as a material breach of the 

contract. 

PAYMENTS TO THE GENERAL CONTRACTOR 

Payments to the Contractor shall be made according to the requirements of the Local Government Prompt 

Pay Act, sections 218.70-218.79, Florida Statutes. 

STATUS 



Bid No: BC-04-23-13-34 

Opening Date: Tuesday, Aprll23, 2013 at 2:00PM 

Attachment #1 

Page 24 of 60 

Exhibit A 

Page 15 to 33 

The Contractor shall at all times, relevant to this contract, be an independent contractor and in no event shall 

the Contractor, nor any employees or sub-contractors under it, be considered to be employees of Leon 

County. 

AUDITS. RECORDS. AND RECORDS RETENTION 

The Contractor agrees: 

1. To establish and maintain books, records, and documents (including electronic storage media) in 


properly reflect all revenues and expenditures of funds provided by the County under this contract. 

2. To retain all client records, financial records, supporting documents, statistical records, and any 

other documents (including electronic storage media) pertinent to this contract for a period of five (5) 

years after termination of the contract, or if an audit has been initiated and audit findings have not 

been resolved at the end of five (5) years, the records shall be retained until resolution of the audit 

findings or any litigation which may be based on the terms of this contract. 

3. Upon completion or termination of the contract and at the request of the County, the Contractor will 

cooperate with the County to facilitate the duplication and transfer of any said records or documents 

during the required retention period as specified in paragraph 1 & 2 above. 

4. To assure that these records shall be subject at all reasonable times to inspection, review, or audit 

by Federal, state, or other personnel duly authorized by the County. 

5. Persons duly authorized by the County and Federal auditors, pursuant to 45 CFR, Part 92.36(1)(10), 

shall have full access to and the right to examine any of provider's contract and related records and 

documents, regardless of the form in which kept, at all reasonable times for as long as records are 

retained. 

6. To include these aforementioned audit and record keeping requirements in all approved 

subcontracts and assignments. 

MONITORING 


goods, and services of the provider which are relevant to this contract, and interview any clients and 

employees of the provider to assure the County of satisfactory performance of the terms and conditions of 

this contract. 


include written recommendations with regard to the provider's performance of the terms and conditions of 

this contract. The provider will correct all noted deficiencies identified by the County within the specified 

period of time set forth in the recommendations. The provider's failure to correct noted deficiencies may, at 

the sole and exclusive discretion of the County, result in any one or any combination of the following: (1) the 

provider being deemed in breach or default of this contract; (2) the withholding of payments to the provider 

by the County; and (3) the termination of this contract for cause. 

RIGHT TO INSPECT PLANT 

The County may, at its discretion, inspect the part of the plant or place of business of a contractor or any 

subcontractor which is related to the performance of any contract awarded, or to be awarded, by Leon 

County. The right expressed herein shall be included in all contracts or subcontracts that involve the 

performance of any work or service involving Leon County. 

TERMINATION 



Bid No: BC-04-23-13-34 


Attachment #1 

Page 25 of 60 

Exhibit A 

Page 16 to 33 

The County may terminate this Agreement without cause, by giving the Contractor thirty {30) days written 

notice of termination. Either party may terminate this Agreement for cause by giving the other party hereto 

thirty (30) days written notice of termination. The County shall not be required to give Contractor such thirty 

(30) day written notice if, in the opinion of the County, the Contractor is unable to perform its obligations 

hereunder, or if thin the County's opinion, the services being provided are not satisfactory. In such case, the 

County may immediately terminate the Agreement by mailing a notice of termination to the Contractor. 

This Agreement may be terminated by the County if the Contractor is found to have submitted a false 

certification as required under section 215.471 (5), Florida Statutes, been placed on the Scrutinized 

Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum 

Energy Sector List, or been engaged in business operations in Cuba or Syria. 

WARRANTIES: 

Bidder will warrant title to all goods sold as provided for in Section 672, Florida Statutes. 

Contractor understands that no amount of work is guaranteed to it nor is the County under an obligation to 

utilize the services of the Contractor in those instances where the work to be performed can be done by 

County personnel or under separate contract. Any work to be performed shall be upon the written request of 

the County Administrator or his representative, which request shall set forth the commencing date of such 

work and the time within which such work shall be completed. 

PERMITS 

The Contractor shall pay for and obtain all necessary permits as required by law. 

ASSIGNMENT 

This contract shall not be assigned or sublet as a whole or in part without the written consent of the County, 

nor shall the Contractor assign any monies due or to become due to him hereunder without the previous 

written consent of the County. 

INDEMNIFICATION 

The Contractor agrees to indemnify and hold harmless the County, its officials, officers and employees, from 

and against any and all liabilities, damages, losses and costs, including, but not limited to reasonable 

attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of 

the Contractor and persons employed or utilized by the Contractor in the performance of this agreement. 

The County may, at its sole option, defend itself or required the Contractor to provide the defense. The 

Contractor acknowledges that the sum of ten dollars ($1 0.00) of the amount paid to the Contractor 

constitutes sufficient consideration for the Contractor's indemnification of the County, its officials, officers 

and employees. 

It is understood that the Contractors responsibility to indemnify and defend the County, it officials, officers 

and employees is limited to the Contractors proportionate share of liability caused by the negligent acts or 

omissions of the Contractor, its delegates, agents or employees. 

TECHNICAL SPECIFICATIONS 

I. GENERAL REQUIREMENTS 

This is to be a segmented project. Each segment will be a particular roadway in Leon County. Leon County 

will secure all necessary permits prior to notifying the Contractor to proceed with particular segment. Upon 

receiving Notice to Proceed (NTP), the Contractor will have 15 calendar days to begin work on specified 

section. 



Bid No: BC-04-23-13-34 


Attachment #1 

Page 26 of 60 

Exhibit A 

Page 17 to 33 

The construction sequence and design notes will be shown on the construction plans and may be adjusted 

on site with Engineer's approval. Except when modified by the specifications for individual projects, the 

technical specifications herein, construction, procedure, materials, and equipment shall be in accordance 

with the following specifications and contract documents: 

A. All standards and specifications called out on the construction plans. 

B. Manual on Uniform Traffic Control Devices (MUTCD), Federal Highway Administration, 

Latest Edition. 

C. Leon County Supplemental Specifications (Modification) to Florida Department of 

Transportation Standard Specifications for Road and Bridge Construction, 2010 Edition. 

D. Florida Department of Transportation Standard Specifications for Road and Bridge 

Construction, 2010 Edition. 

E. Florida Department of Transportation Design Standards, 201 0 Edition. 

F. Americans with Disabilities Act, Latest Edition. 

In the event of any conflict between the F.D.O.T. standard specifications and the specifications of this 

contract the specifications of this contract shall govern. The term "Engineer" represents "Leon County 

Engineer" or his/her designee. 

The County's project manager reserves the right to inspect projects at all stages of completion. In the event 

of unsatisfactory work, the Contractor shall make corrections or changes at no cost to Leon County. The 

Contractor shall consult with the County's project manager and Chief of Construction Management, or their 

designees for final inspection upon completion of each sidewalk installation. 

II. SPECIAL PROVISIONS 

A. A minimum width of sidewalk shall be 5 feet with sufficient buffer between edge of road and 

sidewalk. 

B. Where insufficient buffer zone is present, other alternatives may be considered by the 

Engineer including but not limited to curb & gutter and boardwalk. 

C. The details of the sidewalk construction are depicted on the Typical Section Sheets. 

D. The minimum width of the sidewalk directly behind the concrete curb is six feet. 

E. Raised Sidewalk with French Drain may be used in environmentally sensitive area if 

required by Environmental Agencies. 

F. A National Pollutant Discharge Elimination System (NPDES) General Permit for Storm 

Water Discharges from Construction Activities applies to this Contract when the project 

area is greater then one acre. It is the Contractor's responsibility to secure the NPDES 

permit prior to commencement of construction. A copy of the NPDES permit application 

form can be obtained through the Florida Department of Environmental Protection's web 

site at http://www.dep.state.fl.us/water/stormwater/npdes/permits_forms.htm. 

G. The Contractor shall exercise extreme care during all construction activities in proximity to 

H. Utility poles and buried utilities. The Contractor shall be responsible to obtain and verify all 

necessary utility locations. 

I. The Contractor and Sub-Contractors shall be pre-qualified by FOOT for the work pertinent 

to the job under this contract. 

J. The Contractor or its subcontractor shall be certified by FOOT for maintenance of traffic. 

The Contractor shall furnish signage, barricades, lights and flagmen in accordance with the 

MUTCD and the FOOT's Maintenance of Traffic Specifications, within all construction areas. 

Safety equipment shall be kept and maintained in good working order. Should the County's 

project manager determine that an unsafe condition exists; the Contractor shall be required 

to stop work until the condition has been corrected. The correction of unsafe condition does 

not warrant extension of contract time. 

K. The pedestrian bridge pay item may be used at the discretion of the County. 

L. When the pedestrian bridge is used to connect the sidewalks over a wetland area or 

through an area with extremely steep back slopes, the minimum width (clearance) for 

pedestrian access on the bridge is five feet while sufficient buffer is provided between the 

edge of pavements and the pedestrian bridge. 



Bid No: BC-04-23-13-34 


Attachment #1 

Page 27 of 60 

Exhibit A 

Page 18 to 33 

M. The price of the pedestrian bridge will be negotiated under the term of this contract and on 

the individual basis when the respective sidewalk project calls for it. 

N. This contract is a Unit Price Contract and the work will be paid based on the actual 

quantities used during construction. 

0. Contractor understands that no amount of work is guaranteed nor is the County under an 

obligation to utilize the services of the Contractor in those instances where the work to be 

performed can be done by County personnel or under separate contract. Any work to be 

performed shall be upon the written request of the County Administrator or his 

representative, which request shall set forth the commencing date of such work and the 

time within which such work shall be completed. 

P. The liquidated damages are set based on the contract amount for each individual assigned 

project and according to the latest FOOT Standard Specifications for Road and Bridge 

Construction. 

Q. The Contractor shall provide, as needed, a Sheriffs Deputy at their hourly rate, per Leon 

County's discretion. The Contractor shall pay the weekly invoice from the Sheriffs 

Department, and submit it to Leon County Public Works Department without any markup 

cost for reimbursement. 

BID CHECKLIST: 

Please submit the items on the following list and any other items required by any section of this invitation for 

bids. The checklist is provided as a courtesy and may not be inclusive of all items required within this 

invitation for bids. 

Completed Bid Response Sheet with Manual Signature 

Affidavit Immigration Laws 

Minority/Women Business Enterprise Participation Plan/Good Faith Statement 

Identical Tie Bid Statement 

Insurance Certification Form 

Contractor's Business Information Form 

Non Collusion Affidavit 

Certification/Debarment Form 

Applicable Licenses/Registrations 



Bid No: BC-04-23-13-34 


BID RESPONSE SHEET 

Attachment #1 

Page 28 of 60 

Exhibit A 

Page 19 to 33 

The Board of County Commissioners, Leon County, reserves the right to accept or reject any and/or all bids 

in the best interest of Leon County. 

Shelly W. Kelley 

Purchasing Director 

Nick Maddox 

Chairman 

This proposal is submitted by the below named firm/individual by the undersigned authorized representative. 

BY 

ADDRESS 

TELEPHONE 

FAX 

ADDENDA ACKNOWLEDGMENTS: (IF APPLICABLE) 

Addendum #1 dated ____ _ Initials 

Addendum #2 dated _____ Initials 

Addendum #3 dated ____ _ Initials 

Unit price sheet total: 

(Firm Name) 

(Authorized Representative) 

(Printed or Typed Name) 



Bid No: BC-04-23-13-34 


AFFIDAVIT CERTIFICATION 

IMMIGRATION LAWS 

Attachment #1 

Page 29 of 60 

Exhibit A 

Page 20to 33 

Leon County will not intentionally award County contracts to any contractor who knowingly employs 

unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. 

Section 1324 A(e) {Section 274a(e) of the Immigration and Nationality Act ("INA"). 

Leon County may consider the employment by any Contractor of Unauthorized Aliens a violation of Section 

274A(e) of the INA Such violation by the Recipient of the employment provision contained in Section 

274A(e) of the INA shall be ground for unilateral cancellation of the contract by Leon County. 

BIDDER ATTESTS THAT THEY ARE FULLY COMPLIANT WITH ALL APPLICABLE IMMIGRATION LAWS 

(SPECIFICALLY TO THE 1986 IMMIGRATION ACT AND SUBSEQUENT AMENDMENTS). 

Company Name: 

Signature: - ----- - ----- - ----- Title: 

STATE OF------- 

COUNTY OF------- 

Sworn to and subscribed before me this __ day of _____ , 20_. 

Personally known------- - 

OR Produced identification, _____ _ 

(Type of identification) 

Notary Public - State of 

My commission expires: 

NOTARY PUBLIC 

Printed, typed, or stamped 

commissioned name of notary public 

The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and 

accuracy of this affidavit to interrogatories hereinafter made. 

LEON COUNTY RESERVES THE RIGHT TO REQUEST SUPPORTING DOCUMENTATION, 

AS EVIDENCE OF SERVICES PROVIDED, AT ANY TIME. 



Bid No: BC-04-23-13-34 

Opening Date: Tuesday, April 23, 2013 at 2:00PM 

0 c. 

0 d. 

0 e. 

0 f. 

0 g. 

0 h. 

Attachment #1 

Page 31 of 60 

Exhibit A 

Page 22 to 33 

Contacted the MWSBE Division for a listing of available MWBEs who provide the services 

needed for the bid or proposal. 

Contacted MBEs and/or WBEs who provide the services needed for the bid or proposal. 

Documented follow-up telephone calls with potential MIWBE subcontractors seeking 

participation. 

Allowed potential MIWBE Subcontractors to review bid specifications, blueprints and all other 

Bid/RFP related items at no charge to the MIWBEs. 

Contacted the MWSBE Division, no less than five (5) business days prior to the Bid/RFP 

deadline, regarding problems the with respondent is having in achieving and/or reaching the 

aspirational targets. 

Other documentation indicating their Good Faith Efforts to meet the aspirational targets. 

Please provide details below. 

2. Prime contractors will negotiate in good faith with interested MWSBE's, not rejecting a MWSBE as 

unqualified or unacceptable without sound business reasons based on a through investigation of their 

capabilities. The basis for rejecting any MWBE deemed unqualified or unacceptable by the Prime 

Contractor shall be included in the Good Faith Effort documentation. The Prime Contractor shall not 

impose unrealistic conditions of performance on MWSBE's seeking subcontracting opportunities. 

3. Leon County reserves the right to request supporting documentation as evidence of good faith efforts 

indicated above at any time. Failure to provide supporting documentation when requested shall deem 

your bid/proposal as non-responsive. 

PARTICIPATION PLAN FORM continued on following pages. 



Bid No: BC-04-23-13-34 

Opening Date: Tuesday, Aprll23, 2013 at 2:00PM 

SECTION 4 - NON-MWBE SUBCONTRACTORS 

Respondent shall complete the following Table identifying non-MBE's or WBE's subcontractors it anticipates utilizing on the project. 

Non-MBE and WBE Intended Utilization 

Firm's Name Firm's Address Firm's Total Dollar Type of Service to Provide 

Phone# Amount 

a. 

b. 

c. 

d. 

e. 

f. 

g. 

h. 

i. 

Exhibit A 

Page 24 to 33 


Attachment #1 

Page 33 of 60


Bid No: BC-04-23-13-34 


EQUAL OPPORTUNITY/AFFIRMATIVE ACTION STATEMENT 

Attachment #1 

Page 34 of 60 

Exhibit A 

Page 25 to 33 

1. The contractors and all subcontractors hereby agree to a commitment to the principles and practices of 

equal opportunity in employment and to comply with the letter and spirit of federal, state, and local laws 

and regulations prohibiting discrimination based on race, color, religion, national region, sex, age, 

handicap, marital status, and political affiliation or belief. 

2. The contractor agrees to comply with Executive Order 11246, as amended, and to comply with specific 

affirmative action obligations contained therein. 

Signed: 

Title: 

Firm: 

Address: 



Bid No: BC-04-23-13-34 


IDENTICAL TIE BIDS 

Attachment #1 

Page 35 of 60 

Exhibit A 

Page 26 to 33 

Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which 

are equal with respect to price, quality, and service are received by the State or by any political subdivision for 

the procurement of commodities or contractual services, a bid received from a business that certifies that it has 

implemented a drug-free workplace program shall be given preference in the award process. Established 

procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace 

program. In order to have a drug-free workplace program, a business shall: 

1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, 

possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that 

will be taken against employees for violations of such prohibition. 

2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining 

a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, 

and the penalties that may be imposed upon employees for drug abuse violations. 

3) Give each employee engaged in providing the commodities or contractual services that are under bid a 

copy of the statement specified in subsection (1 ). 

4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the 

commodities or contractual services that are under bid, the employees will abide by the terms of the 

statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any 

violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation 

occurring in the workplace no later than five (5) days after such conviction. 

5) Impose a sanction on, or require the satisfactory participation in a drug assistance or rehabilitation 

program if such is available in the employee's community, by any employee who is so convicted. 

6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this 

section. 

As the person authorized to sign the statement, I certify the following: 

(Check one and sign in the space provided.) 

______ This firm complies fully with the above requirements. 

_ _____ This firm does not have a drug free work place program at this time. 

Bidder'S SIGNATURE TITLE 



Bid No: BC-04-23-13·34 


COMPANY INFORMATION 

Name: 

Street Address: 

City, State, Zip: 

Taxpayer ID Number: 

CONTRACTOR'S BUSINESS INFORMATION 

Telephone: Fax: 

Trade Style Name: 

TYPE OF BUSINESS ORGANIZATION (check one) 

Sole Proprietorship Limited Liability Company 

General Partnership Joint Venture 

Limited Partnership Trust 

Corporation Other (specify) 

Sub-chapter S Corporation 

Attachment #1 

Page 36 of 60 

Exhibit A 

Page 27 to 33 

State of Incorporation: __________ _ Date Established: __________ _ 

AUTHORIZED SIGNATORIES/NEGOTIATORS 

The Bidder represents that the following persons are authorized to sign and/or negotiate contracts and related 

documents to which the bidder will be duly bound: 

Name Title Telephone E-Mail 

FLORIDA CONSTRUCTION INDUSTRIES LICENSING BOARD 

Please provide the following information for all licenses required by Florida statutes of the Prime Contractor for 

the performance of the work in this project. 

Primary Licensee: 

License Type: 

License Number: I Expiration Date: 



Bid No: BC-04-23-13-34 


Qualified Business License (certificate of authority) number: 

Alternate Licensee: 

License Type: 

License Number: I Expiration Date: 

Attachment #1 

Page 37 of 60 

Exhibit A 

Page 28 to 33 

Bidder may use additional sheets to provide information for all applicable licenses and shall provide cop1es of 

each license as a part of the bid submittal. 

LIST COMPANIES FROM WHOM YOU OBTAIN SURETY BONDS 

Surety Company 1 

Company Name 

Contact's Name 

Telephone 

Fax 

Address 

Surety Company 2 

Company Name 

Contact's Name 

Telephone 

Fax 

Address 

Present Amount of Has your application for surety During the past 2 years, have you been 

Bonding Coverage ($) : bond ever been declined? (If charged with a failure to meet the claims of 

yes, please provided detailed your subcontractors or suppliers? (If yes, 

information on reverse) please provided detailed information on 

reverse) 

o Yes o No o Yes o No 

THE UNDERSIGNED, A DULY AUTHORIZED OFFICER OR EMPLOYEE, HEREBY CERTIFIES THAT THE 

ABOVE INFORMATION IS TRUE AND CORRECT AND HAS HEREUNTO SET HIS SIGNATURE 

THIS __ DAY OF--------' 20_. 

By: _________________ Title: _______________ _ 

Printed Name and Title:, ___________________________ _ 



Bid No: BC-04-23-13-34 


NON-COLLUSION AFFIDAVIT 

The undersigned being first duly sworn as provided by law, deposes and says: 

Attachment #1 

Page 38 of 60 

Exhibit A 

Page 29 to 33 

1. This Affidavit is made with the knowledge and intent that it is to be filed with the Board of County 

Commissioners, Leon County, Florida and that it will be relied upon by said County, in any consideration 

which may give to and any action it may take with respect to this Proposal. 

2. The undersigned is authorized to make this Affidavit on behalf of, 

(Name of Corporation, Partnership, Individual, etc.) 

a - - ---------- , formed under the laws of 

(Type of Business) (State or Province) 

of which he is - ---.,-----,,---- -------- 

(Sole Owner, partner, president, etc.) 

3. Neither the undersigned nor any other person, firm or corporation named in above Paragraph 2, nor 

anyone else to the knowledge of the undersigned, have themselves solicited or employed anyone else to 

solicit favorable action for this Proposal by the County, also that no head of any department or employee 

therein, or any officer of Leon County, Florida is directly interested therein. 

4. This Proposal is genuine and not collusive or a sham; the person, firm or corporation named above in 

Paragraph 2 has not colluded, conspired, connived or agreed directly or indirectly with any bidder or 

person, firm or corporation, to put in a sham Proposal, or that such other person, firm or corporation, shall 

refrain from bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or 

communication or conference with any person, firm or corporation, to fix the prices of said proposal or 

proposals of any other bidder; and all statements contained in the proposal or proposals described above 

are true; and further, neither the undersigned, nor the person, firm or corporation named above in 

Paragraph 3, has directly or indirectly submitted said proposal or the contents thereof, or divulged 

information or data relative thereto, to any association or to any member or agent thereof. 

AFFIANT'S NAME AFFIANT'S TITLE 

TAKEN, SWORN AND SUBSCRIBED TO BEFORE ME this __ Day of ___ ,,20_. 

Personally Known ----- --Or Produced Identification 

Type of Identification 

Notary Public 

(Print, Type or Stamp Commissioned Name of Notary Public) 



Bid No: BC-04-23-13-34 


INSURANCE CERTIFICATION FORM 

Attachment #1 

Page 39 of 60 

Exhibit A 

Page 30 to 33 

To indicate that Bidder/Respondent understands and is able to comply with the required insurance, as stated in 

the bid/RFP document, Bidder/Respondent shall submit this insurances sign-off form, signed by the company 

Risk Manager or authorized manager with risk authority. 

A. Is/are the insurer(s) to be used for all required insurance (except Workers' Compensation) listed by Best 

with a rating of no less than A:VII? 

o YES o NO 

Commercial General 

Liability: 

Business Auto: 

Indicate Best Rating: 

Indicate Best Financial Classification: 



1. Is the insurer to be used for Workers' Compensation insurance listed by Best with a rating of no less than 

A:VII? 

o YES o NO 



If answer is NO, provide name and address of insurer: 

2. Is the Respondent able to obtain insurance in the following limits (next page) as required for the services 

agreement? 

o YES o NO 

Insurance will be placed with Florida admitted insurers unless otherwise accepted by Leon County. Insurers will 

have A.M. Best ratings of no less than A:VJI unless otherwise accepted by Leon County. 

Required Coverage and Limits 

The required types and limits of coverage for this bid/request for proposals are contained within the solicitation 

package. Be sure to carefully review and ascertain that bidder/proposer either has coverage or will place 

coverage at these or higher levels. 

Required Policy Endorsements and Documentation 

Certificate of Insurance will be provided evidencing placement of each insurance policy responding to 

requirements of the contract. 

Deductibles and Self-Insured Retentions 

Any deductibles or self-insured retentions must be declared to and approved by the County. At the option of the 

County, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the 

County, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing 

payment of losses and related investigations, claim administration and defense expenses. 

Endorsements to insurance policies will be provided as follows: 



Bid No: BC-04-23-13-34 


Additional insured (Leon County, Florida, its Officers, employees and volunteers) 

General Liability & Automobile Liability 

Primary and not contributing coverage 


Attachment #1 

Page 40 of 60 

Exhibit A 

Page 31 to 33 

Waiver of Subrogation (Leon County, Florida, its officers, employees and volunteers)- General Liability, 

Automobile Liability, Workers' Compensation and Employer's Liability 

Thirty days advance written notice of cancellation to County- General Liability, 

Automobile Liability, Worker's Compensation & Employer's Liability. 

Please mark the appropriate box: 

Coverage is in place o Coverage will be placed, without exception o 

The undersigned declares under penalty of perjury that all of the above insurer information is true and correct. 

Name--=----:--------Signature 

Typed or Printed 

Date ___ ____ ______ Title - --=--:-:------------ -- 

(Company Risk Manager or Manager with Risk Authority) 



Bid No: BC-04-23-13-34 


CERTIFICATION REGARDING 

DEBARMENT, SUSPENSION, 

And OTHER RESPONSIBILITY MATTERS 

PRIMARY COVERED TRANSACTIONS 

Attachment #1 

Page 41 of 60 

Exhibit A 

Page 32 to 33 

1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its 

principals: 

a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily 

excluded from covered transactions by any Federal department or agency; 

b) Have not within a three-year period preceding this been convicted of or had a civil judgement 

rendered against them for commission of fraud or a criminal offense in connection with obtaining, 

attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a 

public transaction; violation of Federal or State antitrust statues or commission of embezzlement, 

theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving 

stolen property; 

c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity 

(Federal, State or local) with commission of any of these offenses enumerated in paragraph (1)(b) of 

this certification; and 

d) Have not within a three-year period preceding this application/proposal had one or more public 

transactions (Federal, State or local) terminated for cause or default. 

2) Where the prospective primary participant is unable to certify to any of the statements in this 

certification, such prospective participant shall attach an explanation to this proposal. 

3) No subcontract will be issued for this project to any party which is debarred or suspended from eligibility 

to receive federally funded contracts. 

Signature 

Title 

Contractor/Firm 

Address 


·Bid Title: Sidewalk and Associated Work Construction, Continuing Services 

Bid No: BC-04-23-13-34 


Attachment #1 

Page 47 of 60 

Exhibit 8 

Page 5 of 18 

o c. Contacted the MWSBE Division for a listing of available MWBEs who provide the services 

needed for the bid or proposal. 

o d. Contacted MBEs and/or WBEs who provide the services needed for the bid or proposal. 

o e. Documented follow-up telephone calls with potential MIWBE subcontractors seeking 


o f. Allowed potential MIWBE Subcontractors to review bid specifications, blueprints and all other 

Bid/RFP related items at no charge to the MIWBEs. 

o g. Contacted the MWSBE Division, no less than five (5) business days prior to the Bid/RFP 

deadline, regarding problems the with respondent is having in achieving and/or reaching the 

aspirational targets. 

o h. Other documentation indicating their Good Faith Efforts to meet the aspirational targets. 


2. Prime contractors will negotiate in good faith with interested MWSBE's, not rejecting a MWSBE as 


capabilities. The basis for rejecting any MWBE deemed unqualified or unacceptable by the Prime 

Contractor shall be included in the Good Faith Effort documentation. The Prime Contractor shall not 

impose unrealistic conditions of performance on MWSBE's seeking subcontracting opportunities. 


indicated above at any time. Failure to provide supporting documentation when requested shall deem 

your bid/proposal as non-responsive. 




Bid No: BC-04-23-13-34 


SECTION 4 - NON-MWBE SUBCONTRACTORS 

Respondent shall complete the following Table identifying non-MBE's or WBE's subcontractors it anticipates utilizing on the project. 


Firm's Name Firm's Address Firm's Total Dollar Type of Service to Provide 

Phone # Amount 

d. 

e. 

f. 

g. 

h. 

i. 


Attachment #1 

Page 49 of 60

'Bid Title: Sidewalk and Associated Work Construction, Continuing Services 

Bid No: BC-04-23-13-34 



Attachment #1 

Page 50 of 60 

Exhibit B 

Page 8 of 18 

1. The contractors and all subcontractors hereby agree to a commitment to the principles and practices of 

equal opportunity in employment and to comply with the letter and spirit of federal, state, and local laws 

and regulations prohibiting discrimination based on race, color, religion, national region, sex, age, 

handicap, marital status, and political affiliation or belief. 

2. The contractor agrees to comply with Executive Order 11246, as amended, and to comply with specific 

affirmative action obligations contained therein. 

Signed: 

Title: 

Firm: 

Address: 


·Bid Title: Sidewalk and Associated Work Construction, Continuing Services 

Bid No: BC-04-23-13-34 


COMPANY INFORMATION 

Name: 

TYPE OF BUSINESS ORGANIZATION (check one) 

CONTRACTOR'S BUSINESS INFORMATION 

Sole Proprietorship Limited Liability Company 

General Partnership Joint Venture 

Limited Partnership Trust 

Corporation Other (specify) 

v Sub-chapter S Corporation 

Attachment #1 

Page 52 of 60 

Exhibit B 

Page 10 of 18 

State of Incorporation: _________ _ Date Established: _________ _ 

AUTHORIZED SIGNATORIES/NEGOTIATORS 

The Bidder represents that the following persons are authorized to sign and/or negotiate contracts and related 

documents to which the bidder will be duly bound: 

Name Title Telephone E-Mail 

FLORIDA CONSTRUCTION INDUSTRIES LICENSING BOARD 

Please p·rovide the following information for all licenses required by Florida statutes of the Prime Contractor for 

the performance of the work in this project. 

Vl 


BID PRICING SHEET 

SIDEWALK CONTINUING SUPPLY CONTRACT 

PAY ESTIMATED UNIT 

ITEM UNIT DESCRIPTION QUANTITY PRICE 

101-1 LS MOBILIZATiON (Note 1) LS $148,656.96 

102-1 DA MAINTENANCE OF TRAFFIC (Note 6) 1095 $250,00 

102-99 PS/ED PORTABLE CHANGEABLE MESSAGE SIGN, TEMP (Note 5) 1095 $20.00 

104-10-3 LF SEDIMENT BARRJER 800 $2.00 

I I0-1-1 AC CLEARJNG AND GRUBBING 10.00 $3,000.00 

110-7-1 EA MAILBOX (FURNISH AND INSTALL) 100 $125.00 

120-1 CY EXCAVATION REGULAR 6,500,00 $7.50 

120-2-2 CY EXCAVATION BORROW (TRUCK MEASURE) 4,500.00 $10,00 

120-6 CY EMBANKMENT 4,500.00 $5.00 

400-1-2 CY CONCRETE CLASS 1 (ENDW ALL) 40,00 $500.00 

425-1521 EA INLETS (DITCH BOTTOM) TYPE 'C'


Inter-Office Memorandum 

Date: May 1, 2013 

To: Chris Muehlemann, Senior Design Engineer 

Engineering Services Division 


From: Shanea Y. Wilks, Director 

Minority, Women, and Small Business Enterprise (MWSBE) Division 

Department of Economic Development and Business Partnerships 

Subject: M/WBE Analysis for Sidewalk and Associated Work Construction, Continuing Services 

(BC-04-23-13-34) 

The MWSBE Division reviewed the M/WBE participation plans for six (6) firms to determine if the 17% MBE 

and 9% WBE Aspirational Targets were achieved for the Sidewalk and Associated Work Construction, 

Continuing Services project. Allen’s Excavation, Hale Contracting, Sandco, Inc., Dixie Paving & 

Grading, Inc., and Florida Developers met the Aspirational Targets set for this project; therefore, according 

to Policy 96-1, the Good Faith Effort form is not required for their submission. RJP Enterprises, Inc. did not 

complete the MBE Participation Plan Form as required; however, RJP Enterprises, Inc. did complete the 

Good Faith Effort Form as required by Policy 96-1. The M/WBE participation submitted by each respondent 

is as follows: 

Allen’s Excavation, Inc. met the M/WBE aspirational targets in their bid submission. The M/WBE firms 

listed below are the firms Allen’s Excavation, Inc. intends to utilize on this project: 

Base Bid $2,280,618.96 

Name of M/WBE Race/Gender Certifying 

Agency 

DeLacy Sod Farm, Inc. 

Unique Concrete 

Non-Minority/- 

Female 

African 

American/Male 

City of 

Tallahassee 

City of 

Tallahassee 

Goods and 

Services 

M/WBE 

Dollars 

Attachment #4 

Page 1 of 4 

M/WBE 

Utilization 

Sod $205,255.70 9.00% 

Concrete $387,705.23 17.00% 

Total M/WBE Dollars $592,960.93 

Total M/WBE 

Utilization Percentage 

26.00% 


Hale Contracting, Inc. met the M/WBE Aspirational Targets in their bid submission. The M/WBE firms 

listed below are the firms Hale Contracting, Inc. intends to utilize on this project: 

Base Bid $2,394,655.32 


Agency 

Florida Developers 

Concrete Services, Inc. 

Suzanne Diambra 

Landscaping, Inc. 

African 

American/Male 

African 

American/Male 


Female 

- 2 - 

City of 

Tallahassee 

City of 

Tallahassee 

City of 

Tallahassee 

Goods and 

Services 

Hauling/- 

Concrete 

M/WBE 

Dollars 

M/WBE 

Utilizati 

on 

$203,545.50 8.50% 

Concrete $203,545.50 8.50% 

Concrete/- 

Landscaping 

215,518.90 9.00% 


Total M/WBE 


26.00% 

Sandco, Inc. met the M/WBE Aspirational Targets in their bid submission. The M/WBE firms listed 

below are the firms Sandco, Inc. intends to utilize on this project: 

Base Bid $3,036,482.28 


Agency 

Capital City Contracting 

Gaines and Sons Striping 

Empire Construction & 

Fencing, LLC 

Hale Contracting, Inc. 

Metal Fabrication Sales of 

Tallahassee 

Persica Landscaping 

African 

American/Male 

African 

American/Male 

African 

American/Female 

Non- 

Minority/Female 

Non- 


Non- 


Leon 

County 

City of 

Tallahassee 

City of 

Tallahassee 

City of 

Tallahassee 

Leon 

County 

City of 

Tallahassee 

Goods and 

Services 

M/WBE 

Dollars 

M/WBE 

Utilization 

Concrete $490,000.00 16.14% 

MOT, 

Striping 

$25,000.00 0.82% 

Fencing $3,000.00 0.10% 

Concrete/- 

Trucking 

$95,000.00 3.13% 

Handrails $20,000.00 0.66% 

Grassing, 

Watering 

Attachment #4 

Page 2 of 4 

$160,000.00 5.27% 


Total M/WBE 


26.12% 


Dixie Paving & Grading, Inc. met the M/WBE aspirational targets in their bid submission. The M/WBE 

firms listed below are the firms Dixie Paving & Grading, Inc. intends to utilize on this project: 

Base Bid $3,990,403.20 


Agency 

Concrete Services 

Unlimited, Inc. 

Gaines & Sons 

Striping, Inc. 

Persica 

Landscaping 

Hale Contracting, 

Inc. 

African 

American/Male 

African 

American/Male 

Non- 



Female 

City of 

Tallahassee 

City of 

Tallahassee 

City of 

Tallahassee 

City of 

Tallahassee 

- 3 - 

Goods and 

Services 

M/WBE 

Dollars 

M/WBE 

Utilization 

Concrete $648,369.00 16.25% 

Striping, Signage, 

Maintenance of 

Traffic & Railings 

$30,000.00 0.75% 

Landscape/Sod $110,000.00 2.76% 

Trucking/Concrete- 

/Underground 

$249,137.00 6.24% 

Total M/WBE Dollars $1,037,506.00 

Total M/WBE 


26.00% 

Florida Developers, Inc. met the M/WBE aspirational targets in their bid submission. The M/WBE firms 

listed below are the firms Florida Developers, Inc. intends to utilize on this project: 

Base Bid $ 2,067,357.16 


Agency 

DeLacy Sod & Farm 

Hale Contracting, Inc. 

Gaines & Sons Striping 

A-Minorty Construction, 

Inc. 


Female 


Female 

African 

American/Male 

African 

American/Male 

City of 

Tallahassee 

City of 

Tallahassee 

City of 

Tallahassee 

Leon 

County 

Goods and 

Services 

Attachment #4 

Page 3 of 4 

M/WBE Dollars M/WBE 

Utilization 

Sod $90,000.00 4.35% 

Concrete/Hauling $99,000.00 4.79% 

Striping $17,000.00 0.82% 

Pipework/Hauling $340,000.00 16.45% 


Total M/WBE 


26.41% 


RJP Enterprises, Inc. did not meet the Aspirational Targets; however, the Good Faith Effort Form was 

submitted as required. The M/WBE firms listed below are the firms RJP Enterprises, Inc. intends to 

utilize on this project: 

Base Bid $1,696,524.50 

Name of 

M/WBE 

Roberts Sand 

Company* 

Delacy Sod & 

Farm 

Gaines and Sons 

Striping 

Total M/WBE 

Dollars 

Total M/WBE 

Utilization 

Percentage 

Race/Gender Certifying 

Agency 

- 4 - 

Goods and Services M/WBE 

Dollars 

M/WBE 

Utilization 

Undeterminable Undeterminable Fill Soil and Aggregate $59,782.75 3.52% 

Non- 


African 

American/Male 

City of 

Tallahassee 

City of 

Tallahassee 

Sod $97,200.00 5.73% 

Traffic 

Painting/Thermoplastic 

$26,791.40 1.58% 

*Firm is not currently certified through the interlocal agreement between Leon County and the City of 

Tallahassee. 

Attachment #4 

Page 4 of 4 

$183,774.15 

10.83% 


Leon County 




To: 

Leon County 



June 18, 2013 



Title: Authorization to Negotiate an Agreement with Ygrene Energy Fund for Third- 

Party Administration of a Commercial PACE Program 




Review: 

Lead Staff/ 

Project Team: 



Maggie Theriot, Director, Resource Stewardship 


This item has no fiscal impact to the County at this time. 


Option # 1: Authorize staff to negotiate an Agreement with Ygrene Energy Fund for thirdparty 

administration of a commercial PACE program, and authorize the County 

Administrator to execute the Agreement, in a form approved by the County 

Attorney. 


Title: Authorization to Negotiate an Agreement with Ygrene Energy Fund for Third-Party 

Administration of a Commercial PACE program 

June 18, 2013 

Page 2 


Background: 

On April 22, 2010, the Board of County Commissioners of Leon County adopted an ordinance 

creating the Leon County Energy Improvement District which, among other things, provides for 

property accessed clean energy (“PACE”) and certain energy improvements and weatherization 

programs for both homes and businesses in Leon County. On July 21, 2010, the Board of County 

Commissioners adopted an amended ordinance making certain technical changes to adjust the 

ordinance with recently enacted state legislation. 

As other local governments throughout the country initiated programs involving PACE programs, 

including Sonoma County, California; Berkley, California; and, Babylon, New York, Fannie Mae 

and Freddie Mac raised concerns regarding certain residential mortgage lenders because PACE 

financing takes a senior lien position in terms of property-based debt repayment obligations. The 

Federal Housing and Finance Agency, Fannie Mae and Freddie Mac asserted that these 

assessments make it harder to make repayments of those loans, and the alleged risk cannot be 

supported by these entities. Since Leon County was the leader in Florida, and nationally, with 

regard to the County’s PACE program known as Leon Energy Assistance Program (LEAP), and 

because of the refusal of Fannie/Freddie to allow their borrowers to participate in our program, 

the Board of County Commissioners authorized the Leon County Attorney’s Office to institute 

litigation challenging the position that Fannie/Freddie has taken in federal court. After an appeal, 

the litigation efforts of Leon County were unsuccessful. The challenges to FHFA by the other 

PACE jurisdictions were also, ultimately, unsuccessful on various appeals. As a result, the 

residential component of LEAP was effectively placed on hold. 

While residential PACE is at a standstill around the nation, commercial PACE was not affected 

by the FHFA statement because the majority of commercial real estate mortgages are not owned 

by Fannie Mae or Freddie Mac. Reflective of the Board’s commitment to PACE and the value of 

such an initiative, program development efforts transitioned from residential to commercial. At 

the December 14, 2011 meeting the Board directed that the addition of commercial elements be 

added to LEAP and the underlying ordinance. On February 14, 2012, the Board adopted an 

amended ordinance addressing the implementation of such commercial element provisions. As a 

result of the amended scope, staff immediately began exploring the design of a commercial PACE 

component to the LEAP initiative. 

This addresses commercial PACE, which is essential to the following FY2012 and FY2013 

Strategic Initiative that the Board approved at the January 29, 2013 meeting: 

“Implement strategies to promote renewable energy and sustainable practices, 

including: consider policy for supporting new and existing community gardens on 

County property and throughout the County; complete construction of the Leon 

County Cooperative Extension net-zero energy building; consider financial 

alternatives for commercial PACE; further develop clean-green fleet initiatives”; 




June 18, 2013 

Page 3 

This particular Strategic Initiative aligns with the Board’s Strategic Priorities, Quality of Life and 

Environment: 

“Create senses of place in our rural areas through programs, planning and infrastructure, 

phasing in appropriate areas to encourage connectedness” (Q5) 

“Promote orderly growth which protects our environment, preserves our charm, 


returns.” (EN2) 

“Educate citizens and partner with community organizations to promote sustainable 

practices.” (EN3) 

“Reduce our carbon footprint, realize energy efficiencies, and be a catalyst for renewable 

energy, including solar.” (EN4). 

Analysis: 

On October 23, 2012 the Board authorized the issuance of an RFP for third-party administration 

of a commercial PACE program. 

A selection committee was formed to evaluate the proposals. The following committee members 

were appointed by the County Administrator to provide a broad perspective on the topic of 

PACE: 

Maggie Theriot, Director, Office of Resource Stewardship 


Herb Thiele, County Attorney 

Randy Conn, Builder and Energy Expert, Representative of TLH Builder’s Association 

On March 24, 2013, Request for Proposals (RFP) #BC-04-25-13-37 was advertised locally and 

1,175 vendors were notified through the automated procurement system (Attachment #1). A total 

of 14 vendors requested the RFP package, which resulted in the submission of the following three 

proposals as of the April 25, 2013 opening date: (1) Florida PACE Funding Agency, 

(2) Ygrene, and (3) EcoCity. As noted on the bid tabulation sheet, Florida PACE Funding 

Agency did not submit any of the eight documents required by the RFP (Attachment #2). As a 

result Florida PACE Funding Agency was deemed nonresponsive, leaving Ygrene and EcoCity as 

the remaining two respondents for the selection committee to consider. 

The selection committee met on May 13, 2013 to receive the proposals, establish the process for 

review, elect a chairman, and schedule the subsequent committee meetings. The selection 

committee met again on May 21, 2013 to evaluate and score the proposals on the basis of the 

criteria identified in the RFP, and to determine if interviews by the selection committee were 

necessary. The criteria categories and the maximum number of points are as follows: 

• Team Background & Experience (20 points) 

• Administration & Program structure (30 points) 

• Financial Proposal (25) 

• Marketing Plan (15 points) 

• MWSBE (5 points) 

• Local Preference (5 points) 




June 18, 2013 

Page 4 

There was a total of 100 points available. The Purchasing Division completed the scoring on the 

level of MWSBE participation and local preference, and it was determined that neither respondent 

qualified for these points. Therefore, the maximum points possible from an individual committee 

member was 90, and 360 from the four-member committee as a whole. Each committee member 

individually ranked the two respondents. The committee was unanimous in their top ranking 

respondent as Ygrene (290 points) with EcoCity ranked second (240 points). 

PACE is a relatively new concept and service among local governments. Popularity is greatest on 

the West Coast and California particularly. Within Florida several local governments are in the 

initial stages of launching a PACE program including Miami-Dade, Broward, Hillsborough, Lee 

County and several smaller cities. It appears that no Florida program has completed a full 

assessment levy and collection cycle. As a result, gauging the respondent’s depth of experience 

was limited. Ygrene has been selected as the third-party administrator for collaboration among 

seven municipalities in Miami-Dade County. 

A unique feature of the Ygrene proposal is the creation of Energy Centers as a place to host 

community outreach meetings, contractor scheduled meetings, training sessions, and it will hold a 

reference library. Emphasis in the proposal was placed on engagement with local contractors 

through local networks, educational events, and institutions. Upon recruitment, a vendor is 

registered and effectively serves as part of the “sales force” of LEAP ensuring greater awareness 

and participation of property owners. Contractors receive training and support from Ygrene and 

will use a customized web portal. A multi-prong marketing effort will occur including social 

media and direct mailing of potential program participants. 

Should the Board authorize negotiation with Ygrene, staff will first schedule an interview with 

Ygrene to refine program structure and identify details regarding administration of the program. 

Should the interview successfully address all questions and concerns, staff will proceed with 

implementation of the agreement. As stated in the RFP, the third-party administrator will 

complete the scope of work within eight months of execution of the agreement. Therefore, 

applicants should be able to participate beginning Spring 2014. As a stipulation of the RFP, 

development and implementation of this program will not require any funding by Leon County. 

The County’s main role will be in helping to market the program, and once a loan is established, 

act as the conduit to place the repayment (through the non-ad valorem process) on the owner’s tax 

bill. 

Options: 

1. Authorize staff to negotiate an agreement with Ygrene for third-party administration of a 

commercial PACE program, and authorize the County Administrator to execute the 

Agreement, in a form approved by the County Attorney.. 

2. Do not authorize staff to negotiate an agreement with Ygrene. 



Option #1. 

Attachments: 

1. Request For Proposals for third-party administration of a commercial PACE program 



REQUEST FOR PROPOSALS 

FOR 

COMMERCIAL PROPERTY ASSESSMENT CLEAN ENERGY (PACE) 

ADMINISTRATOR 

Release Date: March 24, 2013 

PROPOSAL NUMBER BC‐04‐25‐13‐37 



Attachment 1 

Page 1 of 31 


Commercial Property Assessment Clean Energy (PACE) Administrator 

RFP No. BC-04-25-13-37 

Opening Date: April 25, 2013 at 2:00 PM 

I. INTRODUCTION 

Leon County Board of County Commissioners “Leon County” is accepting proposals from qualified vendors to provide 

Third Party Administrator Services (the Services) to Leon County for a Commercial Property Assessment Clean Energy 

(PACE) program. The “Leon County Energy Improvement District” was established as a dependent special district in 

February 14, 2012 through Ordinance No. 12‐05. The district consists of all property within the geographical 

boundaries of the County. The purpose of the district is to accomplish energy efficiency and renewable energy 

improvements on commercial properties by financing such improvements to be repaid through non‐ad valorem 

assessments on the property owner’s property taxes. Although this program is intended for commercial properties, 

Leon County reserves the right to expand the scope to residential properties in the future. 

It is intended that the successful firm will provide “turnkey” services. The County is requesting proposals to identify 

and evaluate a third‐party administrator and available funding mechanisms that would be utilized, dependent upon a 

final contractor participation in an Interlocal Agreement, to arrange for funding for and administer a PACE project for 

the owners of commercial property. The private partner would provide the necessary funding and professional 

expertise to support a successful PACE project. It is a requirement that the PACE project or proposals not financially 

encumber the County or require a financial commitment of the County. The County guarantees that all of the 

services identified in this Request for Proposals (RFP) will be assigned to the Consultant during the term of the 

Agreement. Subsequently, the Consultant’s agreement with the County shall be assigned to the District. 

II. GENERAL INSTRUCTIONS: 

A. Response Address: The response to the proposal should be submitted in a sealed envelope/package 

addressed in the following manner: 

BC‐04/25/13/37 

Purchasing Division 

1800‐3 N. Blair Stone Road 


B. Proposal Copies: One ORIGINAL, five (5) copies and one electronic copy of the Response (“Proposal”) 

must be furnished on or before the deadline. Responses will be retained as property of the County. 

The ORIGINAL of your reply must be clearly marked “Original” on its face and must contain an 

original, non‐electronic signature of an authorized representative of the responding firm or 

individual, all other copies may be photocopies and should be printed double‐sided. The contents of 

the proposal of the successful Proposer will become part of the contractual obligations. 

C. Schedule of Events: Below in Table 1 is the current schedule of the events that will take place as part of 

this RFP process (Schedule of Events). Leon County reserves the right to make changes or alterations to 

the Schedule of Events as the Leon County determines is in the best interest of the public. If any 

changes to the Schedule of Events are made, Leon County will post the changes on the Leon County 

website either as a public meeting notice, or as an addendum, as applicable. It is the responsibility of 

Registered Planholders and other interested persons and parties to review the Purchasing Division’s 

website to stay informed of the Schedule of Events, addenda to the RFP, and public meetings. The 

website addresses follow: 

Addenda: http://www.leoncountyfl.gov/Purchasing/Addenda 

Public Meetings: http://www.leoncountyfl.gov/Purchasing/PublicMeetingNotices 

2 

Attachment 1 

Page 2 of 31 



RFP No. BC-04-25-13-37 


Table 1 ‐ Schedule of Events 

Date and Time 

(all eastern time) Event 

March 24, 2013 Release of the RFP 

Not later than: April 10, QUESTIONS/INQUIRIES DEADLINE: 

2013 

Date and time by which written questions and inquiries regarding the RFP must be 

received by the Leon County Purchasing Division via e‐mail submittal to Shelly Kelley 

at kelleys@leoncountyfl.gov and Don Tobin at tobind@leoncountyfl.gov 

April 25, 2013 at 2:00 

Respondents are requested to send the e‐mail to both representatives. 

OPENING DATE: 

PM 

Date and time by which Proposals must be received by the Leon County 

Purchasing Division, located at 1800‐3 North Blair Stone Road, Tallahassee, FL 

32308 

D. Information: Any questions concerning the request for proposal process, required submittals, 

evaluation criteria, proposal schedule, and selection process should be directed to Shelly W. Kelley or 

Don Tobin at (850) 606‐1600; FAX (850) 606‐1601; or e‐mail at kelleys@leoncountyfl.gov or 

tobind@leoncountyfl.gov. Email inquiries are preferred. 

Each Vendor shall examine the request for proposal documents carefully; and, no later than seven days 

prior to the date for receipt of proposals, he shall make a written request to the County for 

interpretations or corrections of any ambiguity, inconsistency or error which he may discover. All 

interpretations or corrections will be issued as addenda. The County will not be responsible for oral 

clarifications. No negotiations, decisions or actions shall be initiated or executed by the proposer as a 

result of any discussions with any County employee prior to the opening of proposals. Only those 

communications which are in writing from the County may be considered as a duly authorized 

expression on the behalf of the Board. 

Also, only communications from firms which are in writing and signed will be recognized by the Board 

as duly authorized expressions on behalf of proposers. 

E. Prohibited Communications: Any Form of communication, except for written correspondence, shall be 

prohibited regarding a particular request for proposal, request for qualification, bid, or any other 

competitive solicitation between: 

1. Any person or person’s representative seeking an award from such competitive solicitation; and 

2. Any County Commissioner or Commissioner’s staff, or any county employee authorized to act on 

behalf of the Commission to award a particular contract. 

For the purpose of this section, a person’s representative shall include, but not be limited to, the 

person’s employee, partner, officer, director, consultant, lobbyist, or any actual or potential 

subcontractor or consultant of the person. 

The prohibited communication shall be in effect as of the deadline to submit the proposal, bid, or other 

response to a competitive solicitation. 

The provisions of this section shall not apply to oral communications at any public proceeding, including 

pre‐bid conferences, oral presentations before selection committees, contract negotiations during any 

public meetings, presentations made to the Board, and protest hearings. Further, the provisions of this 

section shall not apply to contract negotiations between any employee and the intended awardee, any 

dispute resolution process following the filing of a protest between the person filing the protest and 

3 

Attachment 1 

Page 3 of 31 



RFP No. BC-04-25-13-37 


any employee, or any written correspondence with any employee, County Commissioner, or decision‐ 

making board member or selection committee member, unless specifically prohibited by the applicable 

competitive solicitation process. 

The provisions of this section shall terminate at the time the Board, or a County department authorized 

to act on behalf of the Board, awards or approves a contract, rejects all bids or responses, or otherwise 

takes action which ends the solicitation process. 

The penalties for an intentional violation of this article shall be those specified in §125.69(1), Florida 

Statutes, as amended, and shall be deemed supplemental to the penalties set forth in Section 1‐9 of the 

Code of Laws, Leon County, Florida. 

F. Special Accommodation: Any person requiring a special accommodation at a Pre‐Bid Conference or 

Bid/RFP opening because of a disability should call the Division of Purchasing at (850) 606‐1600 at least 

five (5) workdays prior to the Pre‐Bid Conference or Bid/RFP opening. If you are hearing or speech 

impaired, please contact the Purchasing Division by calling the County Administrator's Office using the 

Florida Relay Service which can be reached at 1(800) 955‐8771 (TDD). 

G. Proposer Registration: Proposers who obtain solicitation documents from sources other than the Leon 

County Purchasing Division or DemandStar.com MUST officially register with the County Purchasing 

Division in order to be placed on the planholders list for the solicitation. This list is used for 

communications from the County to prospective Proposers. Also, Proposers should be aware that 

solicitation documents obtained from sources other than those listed above may be drafts, incomplete, 

or in some other fashion different from the official solicitation document(s). Failure to register as a 

prospective Proposer through the Purchasing Division or online through DemandStar.com may cause 

your submittal to be rejected as non‐responsive. 

As a convenience to vendors, Leon County has made available via the internet lists of all registered 

planholders for each bid or request for proposals. The information is available on‐line at 

http://www.leoncountyfl.gov/Purchasing/Bid.asp by simply clicking the planholder link to the right of 

the respective solicitation. A listing of the registered vendors with their telephone and fax numbers is 

designed to assist vendors in preparation of their responses. 

H. Proposal Deadline: Your Proposal prepared in response to this RFP must be received by the Purchasing 

Division at the above listed address no later than the Opening Date (date and time), as identified in the 

Schedule of Events, to be considered. 

I. Receipt and Opening of Vendor Responses: Vendor responses will be opened publicly at the date and 

time identified in the Schedule of Events as the Opening Date. A tabulation sheet of timely received 

Proposals will be made public and will be posted on the Purchasing Division website at: 

http://www.leoncountyfl.gov/Purchasing/TabulationSheets. A vendor may request, in their submittal, 

a copy of the tabulation sheet to be mailed in a vendor provided, stamped self‐addressed envelope for 

their record. 

Responses to the RFP received prior to the time of opening will be secured unopened. The Purchasing 

Agent, whose duty it is to open the responses, will decide when the specified time has arrived and no 

proposals received thereafter will be considered. The Purchasing Agent will not be responsible for the 

premature opening of a proposal not properly addressed and identified by Proposal number on the 

outside of the envelope/package. 

Sealed bids, proposals, or replies received by the County pursuant to a competitive solicitation are 

exempt from public records disclosure until such time as the County posts an intended decision or until 

30 days after opening of the documents, whichever is earlier. 

4 

Attachment 1 

Page 4 of 31 



RFP No. BC-04-25-13-37 


Attachment 1 

Page 5 of 31 

J. Timely Delivery: It is the Proposers responsibility to assure that the proposal is delivered at the proper 

time and location. Responses received after the scheduled receipt time will be marked "TOO LATE.' 

Late proposals may be returned unopened to the vendor. 

K. Preparation Costs: The County is not liable for any costs incurred by Respondents prior to the issuance 

of an executed contract. 

L. Interviews: Firms responding to this RFP must be available for interviews by County staff and/or the 

Board of County Commissioners. 

M. Preparation and Changes: Proposal must be typed or printed in ink. All corrections made by the 

Proposer prior to the opening must be initialed and dated by the Proposer. No changes or corrections 

will be allowed after proposals are opened. 

N. Reservation of Rights: The County reserves the right to reject any and/or all proposals, in whole or in 

part, when such rejection is in the best interest of the County. Further, the County reserves the right to 

withdraw this solicitation at any time prior to final award of contract. 

O. Cancellation: The contract may be terminated by the County without cause by giving a minimum of 

thirty (30) days written notice of intent to terminate. Contract prices must be maintained until the end 

of the thirty (30) day period. The County may terminate this agreement at any time as a result of the 

contractor's failure to perform in accordance with these specifications and applicable contract. The 

County may retain/withhold payment for nonperformance if deemed appropriate to do so by the 

County. 

P. Public Entity Crimes Statement: A person or affiliate who has been placed on the convicted vendor list 

following a conviction for a public entity crime may not submit a bid on a contract to provide any goods 

or services to a public entity, may not submit a bid on a contract with a public entity for the 

construction or repair of a public building or public work, may not submit bids on leases of real property 

to a public entity, may not be awarded or perform work as a contractor, subcontractor, or consultant 

under a contract with any public entity, and may not transact business with any public entity in excess 

of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months 

from the date of being placed on the convicted vendor list. By submission of a proposal in response to 

this solicitation, the proposer certifies compliance with the above requirements as stated in Section 

287.133, Florida Statutes. 

Q. Certification Regarding Debarment, Suspension, and Other Responsibility Matters: The prospective 

primary participant must certify to the best of its knowledge and belief, that it and its principals are not 

presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded 

from covered transactions by any Federal department or agency and meet all other such responsibility 

matters as contained on the attached certification form. 

R. Licenses and Registrations: The contractor shall be responsible for obtaining and maintaining 

throughout the contract period his or her city occupational license and any licenses required pursuant 

to the laws of Leon County, the City of Tallahassee, or the State of Florida. 

If the contractor is operating under a fictitious name as defined in Section 865.09, Florida Statutes, 

proof of current registration with the Florida Secretary of State shall be submitted with the bid. A 

business formed by an attorney actively licensed to practice law in this state, by a person actively 

licensed by the Department of Business and Professional Regulation or the Department of Health for 

the purpose of practicing his or her licensed profession, or by any corporation, partnership, or other 

commercial entity that is actively organized or registered with the Department of State shall submit a 

copy of the current licensing from the appropriate agency and/or proof of current active status with the 

Division of Corporations of the State of Florida or such other state as applicable. 

5 



RFP No. BC-04-25-13-37 


Failure to provide the above required documentation may result in the proposal being determined as 

non‐responsive. 

S. Audits, Records, and Records Retention: 

The Contractor shall agree: 

1. To establish and maintain books, records, and documents (including electronic storage media) in 


properly reflect all revenues and expenditures of funds provided by the County under this contract. 

2. To retain all client records, financial records, supporting documents, statistical records, and any 

other documents (including electronic storage media) pertinent to this contract for a period of 

five (5) years after termination of the contract, or if an audit has been initiated and audit findings 

have not been resolved at the end of five (5) years, the records shall be retained until resolution 

of the audit findings or any litigation which may be based on the terms of this contract. 

3. Upon completion or termination of the contract and at the request of the County, the Contractor 

will cooperate with the County to facilitate the duplication and transfer of any said records or 

documents during the required retention period as specified in paragraph 1 above. 

4. To assure that these records shall be subject at all reasonable times to inspection, review, or 

audit by Federal, state, or other personnel duly authorized by the County. 

5. Persons duly authorized by the County and Federal auditors, pursuant to 45 CFR, Part 

92.36(I)(10), shall have full access to and the right to examine any of provider’s contract and 

related records and documents, regardless of the form in which kept, at all reasonable times for 

as long as records are retained. 

6. To include these aforementioned audit and record keeping requirements in all approved 

subcontracts and assignments. 

T. Monitoring: 


goods, and services of the provider which are relevant to this contract, and interview any clients and 

employees of the provider to assure the County of satisfactory performance of the terms and 

conditions of this contract. 


include written recommendations with regard to the provider’s performance of the terms and 

conditions of this contract. The provider will correct all noted deficiencies identified by the County 

within the specified period of time set forth in the recommendations. The provider’s failure to correct 

noted deficiencies may, at the sole and exclusive discretion of the County, result in any one or any 

combination of the following: (1) the provider being deemed in breach or default of this contract; (2) 

the withholding of payments to the provider by the County; and (3) the termination of this contract for 

cause. 

U. Local Preference in Purchasing and Contracting: 

Attachment 1 

Page 6 of 31 

1. Preference in requests for proposals. In purchasing of, or letting of contracts for procurement of, 

personal property, materials, contractual services, and construction of improvements to real 

property or existing structures for which a request for proposals is developed with evaluation 

6 



RFP No. BC-04-25-13-37 


criteria, a local preference of the total score may be assigned for a local preference, as follows: 

a. Firms which have a home office located within Leon, Gadsden, Wakulla, or Jefferson County, 

and which meet all of the criteria for a local business as set forth in this section, shall be given 

a preference in the amount of five percent. 

b. Firms which do not have a home office located within Leon, Gadsden, Wakulla, or Jefferson 

County, and which meet all of the criteria for a local business as set forth in this article, shall 

be given a preference in the amount of three percent. 

2. Local business definition. For purposes of this section, "local business" shall mean a business 

which: 

a. Has had a fixed office or distribution point located in and having a street address within Leon, 

Gadsden, Wakulla, or Jefferson County for at least six (6) months immediately prior to the 

issuance of the request for competitive bids or request for proposals by the County; and 

b. Holds any business license required by Leon County, and, if applicable, the City of Tallahassee; 

and 

c. Is the principal offeror who is a single offeror; a business which is the prime contractor and 

not a subcontractor; or a partner or joint venturer submitting an offer in conjunction with 

other businesses. 

3. Certification. Any vendor claiming to be a local business as defined herein, shall so certify in 

writing to the Purchasing Division. The certification shall provide all necessary information to 

meet the requirements set forth above. The Local Vendor Certification Form is enclosed. The 

purchasing agent shall not be required to verify the accuracy of any such certifications, and shall 

have the sole discretion to determine if a vendor meets the definition of a "local business." 

V. Addenda To Specifications: If any addenda are issued after the initial specifications are released, the 

County will post the addenda on the Leon County website at 

http://www.leoncountyfl.gov/purchasing/addenda. For those projects with separate plans, blueprints, 

or other materials that cannot be accessed through the internet, the Purchasing Division will make a 

good faith effort to ensure that all registered bidders (those vendors who have been registered as 

receiving a bid package) receive the documents. It is the responsibility of the vendor prior to 

submission of any proposal to check the above website or contact the Leon County Purchasing Division 

at (850) 606‐1600 to verify any addenda issued. The receipt of all addenda must be acknowledged on 

the response sheet. 

W. Unauthorized Alien(s): The Contractor agrees that unauthorized aliens shall not be employed nor 

utilized in the performance of the requirements of this solicitation or any work authorized thereunder. 

The County shall consider the employment or utilization of unauthorized aliens a violation of Section 

274A(e) of the Immigration and Naturalization Act (8 U.S.C. 1324a). Such violation shall be cause for 

unilateral termination of this Agreement by the County. As part of the response to this solicitation, 

please complete and submit the attached form “AFFIDAVIT CERTIFICATION IMMIGRATION LAWS.” 

X. Employment Eligibility Verification: 

Attachment 1 

Page 7 of 31 

1. Contractor agrees that it and any subcontractors will enroll and participate in the federal E‐Verify 

Program for Employment Verification under the terms provided in the “Memorandum of 

Understanding” governing the program. Contractor further agrees to provide to the County, within 

thirty days of the effective date of this contract/amendment/extension, documentation of such 

enrollment in the form of a copy of the E‐Verify “‘Edit Company Profile’ screen”, which contains 

7 



RFP No. BC-04-25-13-37 


proof of enrollment in the E‐Verify Program (this page can be accessed from the “Edit Company 

Profile” link on the left navigation menu of the E‐Verify employer’s homepage) of both the 

Contractor and any subcontractors. 

2. Contractor further agrees that it will require each subcontractor that performs work under this 

contract to enroll and participate in the E‐Verify Program within sixty days of the effective date of 

this contract/amendment/extension or within sixty days of the effective date of the contract 

between the Contractor and the subcontractor, whichever is later. The Contractor shall obtain 

from the subcontractor(s) a copy of the “Edit Company Profile” screen indicating enrollment in the 

E‐Verify Program and make such record(s) available to the Agency upon request. 

3. Contractor will utilize the U.S. Department of Homeland Security’s E‐Verify system to verify the 

employment eligibility of: (a) all persons employed during the term of the Agreement by 

Contractor to perform employment duties within Florida; and (b) all persons (including 

subcontractors) assigned by Contractor to perform work pursuant to the Agreement. 

a. Contractor must use E‐Verify to initiate verification of employment eligibility for all persons 

employed during the term of the Agreement by Contractor to perform employment duties 

within Florida within 3 business days after the date of hire. 

b. Contractor must initiate verification of each person (including subcontractors) assigned by 

Contractor to perform work pursuant to the Agreement within 60 calendar days after the 

date of execution of this contract or within 30 days after assignment to perform work 

pursuant to the Agreement, whichever is later. 

4. Contractor further agrees to maintain records of its participation and compliance with the 

provisions of the E‐Verify program, including participation by its subcontractors as provided 

above, and to make such records available to the County or other authorized state entity 

consistent with the terms of the Memorandum of Understanding. 

5. Compliance with the terms of this Employment Eligibility Verification provision is made an 

express condition of this contract and the County may treat a failure to comply as a material 

breach of the contract. 

Y. Award of RFP and Protest: The proposal will be awarded as soon as possible to the responsive, 

responsible respondent(s) who rank highest in the evaluation process, unless otherwise stated 

elsewhere in this document. The County reserves the right to waive any informality in proposals and to 

award a proposal in whole or in part when either or both conditions are in the best interest of Leon 

County. 

Notice of the Intended Decision will be posted on the Leon County website at: 

http://www.leoncountyfl.gov/purchasing/IntendedDecision for a period of seventy‐two (72) 

consecutive hours, which does not include weekends or County observed holidays. Any 

Bidder/Respondent who desires to protest the Intended Decision must file a notice of intent to protest 

in writing within seventy‐two (72) hours after the posting of the Notice of Intended Decision. Any bid 

award recommendation may be protested on the grounds of irregularities in the specifications, bid 

procedure, or the evaluation of the bid. Such notice of intent of bid protest shall be made in writing to 

the Purchasing Director, 1800‐3 Blair Stone Road, Tallahassee, Florida 32308. 

Protestor shall file a formal written bid protest within 10 days after the date in which the notice of 

intent of bid protest has been submitted. Failure to file a notice of intent of bid protest or failure to file 

a formal written bid protest shall constitute a waiver of all rights granted under this section. The 

vendor shall be responsible for inquiring as to any and all award recommendation/postings. 

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Should concerns or discrepancies arise during the bid process, vendors are encouraged to contact the 

Purchasing Division prior to the scheduled bid opening. Such matters will addressed and/or remedied 

prior to a bid opening or award whenever practically possible. Vendors are not to contact departments 

or divisions regarding the vendor complaint. 

Z. Errors and Omissions: The County and its representatives shall not be responsible for any errors or 

omission in the RFP. Due care and diligence has been exercised in the preparation of this RFP, and all 

information contained herein is believed to be substantially correct. Information is subject to review by 

the successful proposer. 

III. SERVICES NEEDED BY THE COUNTY 

A. General Background: 

The County desires to be a leader in providing an environmentally friendly and sustainable community. 

Pursuant to Section 163.08, Florida Statutes, the County intends to retain a Consultant to provide 

Third Party Administrator Services to the District for a Commercial Property Assessment Clean Energy 

(PACE) program. In order to fulfill the needs of quick response and professional expertise, the County 

intends to retain one (1) Consultant for the District. 

B. Service Tasks: 

The Consultant can expect to provide services including, but not limited to administration, finance, and 

marketing: 

Description of the level of effort associated with each of these tasks: 

Task 1 – Administration 

The Consultant shall administer the Commercial PACE program for the County. This includes, but is not 

limited to, processing applications, providing customer service, management of assessments and 

payments, recruitment of applicants, engagement with contractors who perform the qualifying 

improvements; and ongoing program support. 

Task 2 – Financing 

As part of the Commercial PACE program, the Consultant shall provide all of the upfront financing for 

the qualifying improvements. The financing will be secured by a lien placed on the property and the 

loan(s) will be repaid by a special assessment imposed against the property. It is anticipated that this 

special assessment will be placed on the commercial property’s tax bill. The District will work with the 

Consultant to provide appropriate underwriting and consumer protection standards, which will comply 

at a minimum with applicable law including federal and state rules. 

Task 3 – Marketing 

The Consultant shall implement a marketing plan for the Commercial PACE program. As a part of this 

marketing plan, the Consultant shall provide a localized website or portal outlining the specifics of the 

Commercial PACE program; provide educational and training materials for those residents interested 

in participating in the program; assist in getting local contractors trained and certified to participate in 

the program; and a local outreach program utilizing the web, local media, and other means. 

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C. Schedule: 

The Consultant will complete the work items outlined in the Scope of Work within eight (8) months of 

the execution of the agreement with the Consultant. 

D. Compensation: 

The Consultant will be compensated by providing the financing to property owners that participate in 

the Commercial PACE program. 

IV REQUIRED SUBMITTALS 

One ORIGINAL, five (5) copies and one electronic copy of the Response (“Proposal”) must be furnished on 

or before the deadline. Responses will be retained as property of the County. The ORIGINAL of your reply 

must be clearly marked “Original” on its face and must contain an original, non‐electronic signature of an 

authorized representative of the responding firm or individual, all other copies may be photocopies. The 

contents of the proposal of the successful Proposer will become part of the contractual obligations. 

Proposals are to be submitted bound by binder clips only. No manner of plastic, comb or wire bindings, 

three ring binders, or staples are acceptable. Document pages shall be 8 ½ inches by 11 inches in size or 

folded to such a size. All copies of proposals are to be printed double‐sided, on paper with no less than 

30% post‐consumer recycled content. As a part of Leon County’s sustainability program, the County is 

reducing the excess packaging, binders, and waste associated with submittals. 

A. A one‐page cover letter indicating the Consultants' interest in providing the services to the County and 

a statement on why the consultant should be selected for the award. The letter shall include the name 

of the Prime Consultant and those of the Subconsultants, explanation of the type of contractual 

agreement between them, if different from that of Prime and Subconsultant. A representative who is 

authorized to contractually bind the Consultant shall sign this letter. 

B. A one‐page table of contents identifying the sections and page numbers. 

C. A one‐page, proposed organization chart identifying key professionals, their area(s) of responsibility 

and extent of their availability. 

D. No more than a two‐page history of all the Consultant(s). 

E. Up to four (4), one‐page resumes of the persons, including the Project Manager that will be assigned to 

the District, if the County selects the Consultant. 

F. Up to two (2), one‐page, table(s) showing all current and recently completed private and public (local 

municipal, county, regional and state) sector clients of all the consultants. The table(s) shall include for 

each client: (a) the length of the contract; (b) the scope of services provided; (c) the type of contract 

(pro bono, retainer, project based fee, other); (d) specific accomplishments, if any; and (e) a contact 

name, phone number and e‐mail address for each client. If the Consultant team includes 

Subconsultant(s), there must be at least one project for each Subconsultant. The Consultant may select 

suitable clients/projects, if the list exceeds two‐page limit. 

G. Up to four (4), one‐page, description(s) of projects providing services similar to those identified in the 

scope of services over the last five (5) years. The emphasis shall be given to the projects in Florida AND 

the tasks performed by the persons identified in the Response. 

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H. Up to five (5), one‐page, copies of any press articles, profiles, commendations, awards etc. The 

emphasis shall be given to the projects completed in Florida AND the projects of the persons identified 

in the Response. 

I. Proofs of authorization to transact business in the State from the Florida Secretary of State, from prime 

as well as supporting firms. 

Specific funds and budget that the consultant or team has to incur for the costs of forming the program in Leon 

County. 

V. SELECTION PROCESS 

A. The County Administrator shall appoint an Evaluation Committee composed of three to five members 

who will review and evaluate all proposals received on time. The Committee may, select one or more 

firms for interview based on the evaluation of the responses of each proposer. 

Meetings of Evaluation Committees subsequent to the opening of the solicitation shall be public 

meetings except for any portion of a meeting at which a negotiation with a vendor is conducted 

pursuant to a competitive solicitation, at which a vendor makes an oral presentation as a part of the 

competitive solicitation, or at which a vendor answers questions as a part of a competitive solicitation. 

Also, any portion of a meeting at which negotiation strategies are discussed are exempt from being a 

public session. 

Notice of all meetings shall be posted on the Purchasing Division website at: 

www.leoncountyfl.gov/Purchasing/notices/index.asp and in the Purchasing Division Offices no less than 

72 hours (excluding weekends and holidays). 

B. The Evaluation Committee will recommend to the Board of County Commissioners (BCC), in order of 

preference (ranking), up to three (3) firms deemed to be most highly qualified to perform the requested 

services. 

C. The (BCC) will negotiate with the most qualified firm (first ranked firm) for the proposed services at 

compensation which the BCC determines is fair, competitive, and reasonable for said services. 

D. Should the BCC be unable to negotiate a satisfactory contract with the firm considered to be fair, 

competitive and reasonable, negotiations with that firm shall be formally terminated. The County shall 

then undertake negotiations with the second most qualified firm. Failing accord with the second most 

qualified firm the Board shall terminate negotiations. The BCC representative shall then undertake 

negotiations with the third most qualified firm. 

E. Should the County be unable to negotiate a satisfactory contract with any of the selected firms, the 

Board representative shall select additional firms to continue negotiations. 

F. Evaluation Criteria ‐ Proposals will be evaluated and ranked on the basis of the following 

considerations: 

Evaluation Criteria 

11 

Maximum 

Points Possible 

Team Background & Experience 20 

Administration & Program structure 30 

Financial proposal 25 

Marketing plan 15 

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Evaluation Criteria 

Maximum 

Points Possible 

MWSBE 5 

Local Preference 5 

Total Potential Award 100 

Each Applicant is requested to provide the following information using the same numbering/lettering 

scheme as the format below. 

1. Team Background & Experience – In addition to the material stated in Section IV items A‐J, a 

detailed description should include but not be limited to the following parameters: 

a. Number of W2 Employees in the 3rd Party Administrator Organization dedicated to this 

project. 

b. Credentials and accomplishments of the Consultant’s team. 

c. Credentials and accomplishments of the Consultant Project Manager. 

d. Consultant’s track record of on time and within project performance. 

e. Existing PACE projects your firm has participated in (if so list total amount of financing that has 

been provided). 

f. The number of and the names of PACE jurisdictions where your firm is the 3rd party 

administrator, along with contact information. 

g. Your firm’s plan to utilize local firms or partners. 

2. Administration/Program Structure – Provide your firms proposal for program design, 

implementation and administration. A detailed description should include but not be limited to the 

following parameters: 

a. How a PACE project would be conducted within the County, including processing applications, 

providing customer service, and engagement with contractors. 

b. The minimum criteria for an individual to qualify for PACE financing. 

c. Minimum project parameters. 

d. Minimum requirements from the County and local partners under which any financing 

contract could proceed. 

e. Coordination of implementation with commercial mortgage lenders including consent. 

f. Utilization of and criteria for energy surveys or audits. 

g. The method of contractor selection. Will the vendor responsible for making energy 

improvements be selected by the applicant or pre‐screened, and any standards to be applied. 

h. Process of verification of installed improvements. 

i. Collection of data necessary to evaluate efficacy. 

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j. Delineation of anticipated roles and responsibilities between the County, Elected Officials, the 

firm, and any other partner or entity. 

3. Financing ‐ Describe your firms program structure relating to financing and plans to recover 

administrative and finance cost associated with the program in a manner that is affordable to the 

consumer. A detailed description should include but not be limited to the following parameters: 

a. Financial stability and financial worthiness of the Consultant and related financial participants 

and program lenders. 

b. Statement of financial commitment of funds dedicated to forming the program. 

c. Identify and discuss the source of initial capital to fund PACE projects within the County. 

d. Funding sources for PACE program (self‐funded vs. banks) – List sources if applicable. 

e. Document commitment of financing partners for this program in writing from each partner. 

f. Risk and cost to the County in the event a property owner enrolled in the program defaults on 

payments under the proposed structure. 

g. Maximum and minimum PACE finance amounts. 

h. Interest rates (adjustable or fixed) loan term options – (5yr, 10yr, 20yr). 

i. Preferred method used to calculate the cost of credit to individual property owners. 

j. Estimate of the actual cost of PACE credit to property owners. Assume financing amount of 

$100,000 for basis of estimate. 

k. Discussion of the optimal length of time to carry the project. 

l. Discussion of credit risk associated with project delay or cessation. 

m. Amount in contingency fund for handling defaults of this program, and how a default would be 

handled. 

n. 3rd Party Administrator fees to contractor who would install improvements, if any. 

o. 3rd Party Administrator fees to property owner. 

p. Re‐occurring fees to property owner, if any. 

q. Early repayment penalties (Y/N)? If yes how determined? 

r. Delineation of anticipated roles and responsibilities between the County, Elected Officials, the 


s. Costs associated with Property Appraiser, Tax Collector fees, Closing costs 

Attachment 1 

Page 13 of 31 

4. Marketing – Provide your firms proposal to develop and implement an aggressive marketing 

strategy to reach property owners in all asset classes. A detailed description should include but not 

be limited to the following parameters: 

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RFP No. BC-04-25-13-37 


VI. INDEMNIFICATION 

a. Partnerships to develop or expand. 

b. A localized website or portal. 

c. Educational and training materials for those interested in participating in the program. 

d. Plans to assist local contractors to be trained and certified to participate in the program (if 

applicable). 

e. Local outreach program utilizing the web, local media, and other means. 

f. Delineation of anticipated roles and responsibilities between the County, Elected Officials, the 


The Contractor agrees to indemnify, defend and hold harmless the County, its officials, officers, employees 

and agents, from and against any and all claims, damages, liabilities, losses, costs, or suits of any nature 

whatsoever arising out of, because of, or due to any acts or omissions of the Contractor, its delegates, 

employees and agents, arising out of or under this Agreement, including reasonable attorney’s fees. The 

County may, at its sole option, defend itself or require the Contractor to provide the defense. The Contractor 

acknowledges that ten dollars ($10.00) of the amount paid to the Contractor is sufficient consideration for the 

Contractor's indemnification of the County. 

VII. MINORITY/WOMEN BUSINESS ENTERPRISE AND EQUAL OPPORTUNITY POLICIES 

A. Minority Business Enterprise (MBE) and Women (WBE) Business Enterprise Requirements 

1. The purpose of the Minority and Women-Owned Business Enterprise (MWBE) Program is 

to effectively communicate Leon County procurement and contracting opportunities, 

through enhanced business relationships, to end disparity and to increase participation 

opportunities for certified minority and women-owned business enterprises in a competitive 

environment. This program shall: 

a. Eliminate any policies and/or procedural barriers that inhibit MBE and WBE 

participation in our procurement process. 

b. Established targets designed to increase MBE and WBE utilization proportionate to 

documented under utilization. 

c. Provide increased levels of information and assistance available to MBE=s and 

WBEs. 

d. Implement mechanisms and procedures for monitoring MBE and WBE compliance 

by prime contractors. 

2. The term ACertified Minority Women Business Enterprise@ (MWBE) is defined as Minority 

Business Enterprise (MBE) and Women Business Enterprise (WBE) firms certified by Leon 

County or the City of Tallahassee. Some firms with MBE or WBE certification by the State 

of Florida may be accepted under a reciprocal agreement but those from other 

governmental organizations are not accepted by Leon County. 

3. Each Respondent is strongly encouraged to secure MBE and WBE participation through 

purchase(s) of those goods or services to be provided by others. Firms responding to this 

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RFP No. BC-04-25-13-37 


bid are hereby made aware of the County's targets for MBE and WBE utilization. 

Respondents that require assistance or guidance with these MBE or WBE requirements 

should contact: Shanea Wilks, Leon County Minority, Women, and Small Business 

Enterprise Director, by telephone at (850) 606-1650; fax (850) 606-1651 or by e-mail 

wilkssh@leoncountyfl.gov. 

Respondent must complete and submit the attached Minority and Women Business 

Enterprise Participation Plan form. Failure to submit the completed Minority and Women 

Business Enterprise Participation Plan form may result in a determination of nonresponsiveness 

for the bid. 

If the aspirational target is not met, you must denote your good faith effort on the 

Participation Plan Form. All respondents, including MBE=s, and WBE=s shall either meet 

the aspirational target(s), or if not met, demonstrate in their bid response that a good faith 

effort was made to meet the aspirational target(s). Failure to complete such good faith effort 

statement may result in the bid being non-responsive. Below, are policy examples of good 

faith efforts that respondents can use if they are not meeting the aspirational target. These 

examples can be used to demonstrate the good faith effort. 

a. Advertised for participation by M/WBEs in non-minority and minority publications within 

the Market area, including a copy of the advertisement and proof of the date(s) it 

appeared B or by sending correspondence, no less than ten (10) days prior to the 

submission deadline, to all M/WBEs referred to the respondent by the MWSBE Division 


b. Documented that the bidding Prime Contractor provided ample time for potential 

MBE and/or WBE subcontractors to respond to bid opportunities, including a chart 

outlining the schedule/time frame used to obtain bids from MBE and WBE Vendors 

as applicable to the aspirational Target. 

c. Contacted the MWSBE Division for a listing of available M/WBEs who provide the 


d. Contacted MBEs and/or WBEs who provide the services needed for the bid or 

proposal. 

e. Documented follow-up telephone calls with potential M/WBE subcontractors 

seeking participation. 

f. Allowed potential M/WBE Subcontractors to review bid specifications, blueprints 

and all other Bid/RFP related items at no charge to the M/WBEs. 

g. Contacted the MWSBE Division, no less than five (5) business days prior to the 

Bid/RFP deadline, regarding problems the with respondent is having in achieving 

and/or reaching the aspirational targets. 

h. Other documentation indicating their Good Faith Efforts to meet the aspirational 

targets. Please provide details below. 

5. Definitions for the above targets follow: 

Attachment 1 

Page 15 of 31 

a. Minority/Women Business Enterprise (MWBE) - a business that is owned and 

controlled by at least 51% by one or more minority persons or by at least 51% by 

one or more women, and whose management and daily operations are controlled 

by one or more such persons shall constitute a Minority/Women business 

Enterprise. No business owned or controlled by a white female shall be considered 

a minority business for the purpose of this program if the ownership was brought 

15 



RFP No. BC-04-25-13-37 


about by transfer of ownership interest to the woman or women, other than by 

decent, within two (2) years following the sale or transfer of ownership. For the 

purpose of this program, all applicants for certification as a bona fide MWBE shall 

be an independent business entity which provides a commercially useful function. 

No business owned and controlled by a white male and transferred or sold to a 

minority or woman/women, for the purpose of participation in the County=s MWBE 

Program, shall be considered eligible for MWBE Certification. 

b. Minority Person - an individual who is a citizen of the United States or a lawfully 

admitted permanent resident and who is a(n): 

1) African/Black Americans - All persons having origins in any of the Black 

African racial groups not of Hispanic origins and having community 

identification as such. 

2) Hispanic Americans - All persons (Mexican, Puerto Rican, Cuban, Central 

or South American or other Spanish Culture or origin, regardless of race) 

reared in a Hispanic environment and whose surname is Hispanic and 


3) Asian American - All persons having origins in any of the original peoples 

of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific 

Islands and having community identification as such. 

4) American Indians, Alaskan Natives and American Aleuts - All persons 

having origins in any of the original people of North America, maintaining 

identifiable tribal affiliations through membership and participation and 


c. Women - American Woman 

6. Prime contractors will negotiate in good faith with interested MWBE=s, not rejecting a 

MWBE as unqualified or unacceptable without sound business reasons based on a through 

investigation of their capabilities. The basis for rejecting any MWBE deemed 

unqualified or unacceptable by the Prime Contractor shall be included in the Good 

Faith Effort documentation. The Prime Contractor shall not impose unrealistic conditions 

of performance on MWSBE=s seeking subcontracting opportunities. 

7. Leon County reserves the right to request supporting documentation as evidence of good 

faith efforts indicated above at any time. Failure to provide supporting documentation when 

requested shall deem your bid/proposal as non-responsive. 

MBE and WBE Participation Level for Professional Services 

Sub-Consultants 

The Respondent certifies that they will meet or exceed both 

aspirational targets through subcontracting to certified MBE 

and WBE firm(s) and has identified in the MWBE Participation 

Plan the certified MBE and WBE firm(s) that it intends to use. 

The Respondent certifies that they will meet at least 50% of 

both aspirational targets through subcontracting with MBE and 

WBE firms(s) and has identified in the MWBE Participation 

Plan the MBE and WBE firm(s) that it intends to use and has 

submitted a Good Faith Effort Statement. 

16 

Points 

5 

4 

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RFP No. BC-04-25-13-37 


The Respondent certifies that they will meet at least 20%, but 

less than 50%, of both aspirational targets through 

subcontracting to certified MBE and WBE firms and a Good 

Faith Effort Statement is submitted. 

The Respondent will not meet the aspirational targets in any 

form and has submitted a Good Faith Effort Statement based 

upon the guidelines referenced in section VII of this 

Participation Plan to be considered a responsive bidder, but 

shall receive zero points. 

B. Equal Opportunity/Affirmative Action Requirements 

VIII. INSURANCE 

The contractors and all subcontractors shall agree to a commitment to the principles and 

practices of equal opportunity in employment and to comply with the letter and spirit of federal, 

state, and local laws and regulations prohibiting discrimination based on race, color, religion, 

national region, sex, age, handicap, marital status, and political affiliation or belief. 

For federally funded projects, in addition to the above, the contractor shall agree to comply with 

Executive Order 11246, as amended, and to comply with specific affirmative action obligations 

contained therein. 

In addition to completing the Equal Opportunity Statement, the Respondent shall include a copy 

of any affirmative action or equal opportunity policies in effect at the time of submission. 

Respondent’s attention is directed to the insurance requirements below. Respondents should confer 

with their respective insurance carriers or brokers to determine in advance of bid submission the 

availability of insurance certificates and endorsements as prescribed and provided herein. If an 

apparent low bidder fails to strictly comply with the insurance requirements, that bidder may be 

disqualified from award of the contract, or otherwise found non-responsive. 

Respondent procure and maintain for the duration of the contract, insurance against claims for 

injuries to persons or damages to property which may arise from or in connection with the 

performance of the work hereunder by the Respondent, his agents, representatives, employees, or 

subcontractors. The cost of such insurance shall be included in the Respondent’s pricing. 

A. Minimum Limits of Insurance 

Contractor shall maintain limits no less than: 

1. General Liability: $1,000,000 Combined Single Limit for bodily injury and property damage 

per occurrence with a $2,000,000 annual aggregate. Completed operations coverage will be 

provided for a period of three (3) years beyond termination and/or completion of the project. 

Coverage must include bodily injury and property damage, including Premise/Operations: a 

per location aggregate, Broad Form Contractual liability; Broad Form Property Damage; Fire 

Legal liability; Independent Contractors coverage; Cross Liability & Severability of Interest 

Clauses; and Personal Injury (deleting employee and contractual exclusions), and coverage 

for explosion, collapse, and underground (X,C,U). 

2. Automobile Liability: One Million and 00/100 ($1,000,000.00) Dollars combined single limit 

per accident for bodily injury and property damage. (Non-owned, Hired Car). 

3. Workers’ Compensation Employers Liability: Insurance covering all employees meeting 

17 

3 

0 

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RFP No. BC-04-25-13-37 


Statutory Requirements in compliance with the applicable state and federal laws and 

Employer’s Liability with a limit of $500,000 per accident, $500,000 disease policy limit, 

$500,000 disease each employee. Waiver of Subrogation in lieu of Additional Insured is 

required. 

B. Deductibles and Self-Insured Retentions 

Any deductibles or self-insured retentions must be declared to and approved by the County. At 

the option of the County, either: the insurer shall reduce or eliminate such deductibles or selfinsured 

retentions as respects the County, its officers, officials, employees and volunteers; or 

the Contractor shall procure a bond guaranteeing payment of losses and related investigations, 

claim administration, and defense expenses. 

C. Other Insurance Provisions 

The policies are to contain, or be endorsed to contain, the following provisions: 

1. General Liability and Automobile Liability Coverages (County is to be named as Additional 

Insured). 

a. The County, its officers, officials, employees and volunteers are to be covered as 

additional insureds as respects; liability arising out of activities performed by or on behalf 

of the Contractor, including the insured’s general supervision of the Contractor; products 

and completed operations of the Contractor; premises owned, occupied or used by the 

Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The 

coverage shall contain no special limitations on the scope of protections afforded the 

County, its officers, officials, employees or volunteers. 

b. The Contractor’s insurance coverage shall be primary insurance as respects the County, 

it officers, officials, employees and volunteers. Any insurance of self-insurance 

maintained by the County, its officers, officials, employees or volunteers shall be excess 

of the Contractor’s insurance and shall not contribute with it. Contractor hereby waives 

subrogation rights for loss or damage against the county. 

c. Any failure to comply with reporting provisions of the policies shall not affect coverage 

provided to the county, its officers, officials, employees or volunteers. 

d. The Contractor’s insurance shall apply separately to each insured against whom claims is 

made or suit is brought, except with respect to the limits of the insurer’s liability. 

e. Companies issuing the insurance policy, or policies, shall have no recourse against the 

County for payment of premiums or assessments for any deductibles with are all at the 

sole responsibility and risk of Contractor. 

2. All Coverages 

Each insurance policy required by this clause shall be endorsed to state that coverage 

shall not be suspended, voided, canceled by either party, reduced in coverage or in limits 

except after thirty (30) days prior written notice by certified mail, return receipt requested, 

has been given to the County. 

D. Acceptability of Insurers 

Insurance is to be placed with insurers with a Best’s rating of no less than A:VII. 

E. Verification of Coverage 

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Contractor shall furnish the County with certificates of insurance and with original 

endorsements effecting coverage required by this clause. The certificates and endorsements 

for each insurance policy are to be signed by a person authorized by that insurer to bind 

coverage on its behalf. All certificates and endorsements are to be received and approved by 

the County before work commences. The County reserves the right to require complete, 

certified copies of all required insurance policies at any time. 

F. Subcontractors 

Contractors shall include all subcontractors as insureds under its policies or shall furnish 

separate certificates and endorsements for each subcontractor. All coverages for 


IX. ETHICAL BUSINESS PRACTICES 

A. Gratuities. It shall be unethical for any person to offer, give, or agree to give any County 

employee, or for any County employee to solicit, demand, accept, or agree to accept from 

another person, a gratuity or an offer of employment in connection with any decision, approval, 

disapproval, recommendation, or preparation of any part of a program requirement or a 

purchase request, influencing the content of any specification or procurement standard, 

rendering of advice, investigation, auditing, or performing in any other advisory capacity in any 

proceeding or application, request for ruling, determination, claim or controversy, or other 

particular matter, subcontract, or to any solicitation or proposal therefor. 

B. Kickbacks. It shall be unethical for any payment, gratuity, or offer of employment to be made 

by or on behalf of a subcontractor under a contract to the prime contractor or higher tier 

subcontractor or any person associated therewith, as an inducement for the award of a 

subcontract or order. 

C. The Board reserves the right to deny award or immediately suspend any contract resulting from 

this proposal pending final determination of charges of unethical business practices. At its sole 

discretion, the Board may deny award or cancel the contract if it determines that unethical 

business practices were involved. 

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RFP No. BC-04-25-13-37 


PROPOSAL RESPONSE COVER SHEET 

This page is to be completed and included as the cover sheet for your response to the Request for 

Proposals. 

The Board of County Commissioners, Leon County, reserves the right to accept or reject any and/or all bids 

in the best interest of Leon County. 

Shelly W. Kelley, Purchasing Director 

Nick Maddox, Chairman 

Leon County Board of County Commissioners 

This bid response is submitted by the below named firm/individual by the undersigned authorized 

representative. 

BY 

ADDRESS 

CITY, STATE, ZIP 

E-MAIL ADDRESS 

TELEPHONE 

FAX 

ADDENDA ACKNOWLEDGMENTS: (IF APPLICABLE) 

Addendum #1 dated Initials 



20 

(Firm Name) 

(Authorized Representative) 

(Printed or Typed Name) 

Attachment 1 

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RFP No. BC-04-25-13-37 



1. The contractors and all subcontractors hereby agree to a commitment to the principles and practices 

of equal opportunity in employment and to comply with the letter and spirit of federal, state, and local 

laws and regulations prohibiting discrimination based on race, color, religion, national region, sex, 

age, handicap, marital status, and political affiliation or belief. 

2. The contractor agrees to comply with Executive Order 11246, as amended, and to comply with 

specific affirmative action obligations contained therein. 

Signed: 

Title: 

Firm: 

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RFP No. BC-04-25-13-37 


INSURANCE CERTIFICATION FORM 

To indicate that Bidder/Respondent understands and is able to comply with the required insurance, as 

stated in the bid/RFP document, Bidder/Respondent shall submit this insurances sign-off form, signed by 

the company Risk Manager or authorized manager with risk authority. 

A. Is/are the insurer(s) to be used for all required insurance (except Workers’ Compensation) listed by 

Best with a rating of no less than A:VII? 

☐ YES ☐ NO 

Commercial General Indicate Best Rating: 

Liability: Indicate Best Financial Classification: 

Business Auto: Indicate Best Rating: 


1. Is the insurer to be used for Workers’ Compensation insurance listed by Best with a rating of no less 

than A:VII? 




If answer is NO, provide name and address of insurer: 

2. Is the Respondent able to obtain insurance in the following limits (next page) as required for the 

services agreement? 


Insurance will be placed with Florida admitted insurers unless otherwise accepted by Leon County. 

Insurers will have A.M. Best ratings of no less than A:VII unless otherwise accepted by Leon County. 

22 

Attachment 1 

Page 22 of 31 



RFP No. BC-04-25-13-37 


Required Coverage and Limits 

The required types and limits of coverage for this bid/request for proposals are contained within the 

solicitation package. Be sure to carefully review and ascertain that bidder/proposer either has coverage or 

will place coverage at these or higher levels. 

Required Policy Endorsements and Documentation 

Certificate of Insurance will be provided evidencing placement of each insurance policy responding to 

requirements of the contract. 

Deductibles and Self-Insured Retentions 

Any deductibles or self-insured retentions must be declared to and approved by Leon County. At the option 

of Leon County, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as 

respects Leon County, its officers, officials, employees and volunteers; or the Contractor shall procure a 

bond guaranteeing payment of losses and related investigations, claim administration and defense 

expenses. 

Endorsements to insurance policies will be provided as follows: 

Additional insured (Leon County, Florida, its Officers, employees and volunteers) - 


Primary and not contributing coverage- 


Waiver of Subrogation (Leon County, Florida, its officers, employees and volunteers) - General 

Liability, Automobile Liability, Workers’ Compensation and Employer’s Liability 

Thirty days advance written notice of cancellation to County - General Liability, Automobile Liability, 

Worker’s Compensation & Employer’s Liability. 

Please mark the appropriate box: 

Coverage is in place ☐ Coverage will be placed, without exception ☐ 

The undersigned declares under penalty of perjury that all of the above insurer information is true and 

correct. 

Name Signature 

Typed or Printed 

Date Title 

Authority) 

23 

Attachment 1 

Page 23 of 31 

(Company Risk Manager or Manager with Risk 



RFP No. BC-04-25-13-37 


CERTIFICATION REGARDING DEBARMENT, SUSPENSION, 

AND OTHER RESPONSIBILITY MATTERS 

PRIMARY COVERED TRANSACTIONS 

1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its 

principals: 

a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or 

voluntarily excluded from covered transactions by any Federal department or agency; 

b) Have not within a three-year period preceding this been convicted of or had a civil judgment 

rendered against them for commission of fraud or a criminal offense in connection with 

obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or 

contract under a public transaction; violation of Federal or State antitrust statues or commission 

of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false 

statements, or receiving stolen property; 

c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity 

(Federal, State or local) with commission of any of these offenses enumerated in paragraph 

(1)(b) of this certification; and 

d) Have not within a three-year period preceding this application/proposal had one or more public 

transactions (Federal, State or local) terminated for cause or default. 

2. Where the prospective primary participant is unable to certify to any of the statements in this 

certification, such prospective participant shall attach an explanation to this proposal. 

3. No subcontract will be issued for this project to any party which is debarred or suspended from 

eligibility to receive federally funded contracts. 

Signature 

Title 

Contractor/Firm 

24 

Attachment 1 

Page 24 of 31 



RFP No. BC-04-25-13-37 


AFFIDAVIT CERTIFICATION 

IMMIGRATION LAWS 

Leon County will not intentionally award County contracts to any contractor who knowingly employs 

unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. 

Section 1324 A(e) {Section 274a(e) of the Immigration and Nationality Act (“INA”). 

Leon County may consider the employment by any Contractor of Unauthorized Aliens a violation of Section 

274A(e) of the INA. Such violation by the Recipient of the employment provision contained in 

Section 274A(e) of the INA shall be ground for unilateral cancellation of the contract by Leon 

County. 

BIDDER ATTESTS THAT THEY ARE FULLY COMPLIANT WITH ALL APPLICABLE IMMIGRATION LAWS 

(SPECIFICALLY TO THE 1986 IMMIGRATION ACT AND SUBSEQUENT AMENDMENTS). 

Company Name: 

Signature: Title: 

STATE OF 

COUNTY OF 

Sworn to and subscribed before me this day of , 20 . 

Personally known 

25 

NOTARY PUBLIC 

OR Produced identification Notary Public - State of 

(Type of identification) 

notary 

My commission expires: 

Attachment 1 

Page 25 of 31 

Printed, typed, or stamped commissioned name of 

The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and 

accuracy of this affidavit to interrogatories hereinafter made. 

LEON COUNTY RESERVES THE RIGHT TO REQUEST SUPPORTING DOCUMENTATION, AS 

EVIDENCE OF SERVICES PROVIDED, AT ANY TIME. 



RFP No. BC-04-25-13-37 


LOCAL VENDOR CERTIFICATION 

The undersigned, as a duly authorized representative of the vendor listed herein, certifies to the best of 

his/her knowledge and belief, that the vendor meets the definition of a “Local Business.” For purposes of 

this section, "local business" shall mean a business which: 

a) Has had a fixed office or distribution point located in and having a street address within Leon, 

Gadsden, Wakulla, or Jefferson County for at least six (6) months immediately prior to the issuance of 

the request for competitive bids or request for proposals by the County; and 

b) Holds any business license required by Leon County (or one of the other local counties), and, if 

applicable, the City of Tallahassee; and 

c) Is the principal offeror who is a single offeror; a business which is the prime contractor and not a 

subcontractor; or a partner or joint venturer submitting an offer in conjunction with other businesses. 

Please complete the following in support of the self-certification and submit copies of your County and City 

business licenses. Failure to provide the information requested will result in denial of certification as a local 

business. 

Business Name: 

Current Local Address: 

If the above address has been for less than six months, please provide the prior address. 

Length of time at this address: 

Home Office Address: 

STATE 


COUNTY 


Signature of Authorized Representative Date 

26 

Phone: 

Fax: 

Phone: 

The foregoing instrument was acknowledged before me 

this 

day of ,20 

By of , 

(Name of officer or agent, title of officer or 

agent) 

(Name of corporation acknowledging) 

a Corporation, on behalf of the corporation. He/she is personally known to me 

(State or place of 

incorporation) 

or has 

produced 

as identification. 

Return Completed form with 

supporting documents to: 




Fax: 

Signature of Notary 

Print, Type or Stamp Name of Notary 

Title or Rank 

Attachment 1 

Page 26 of 31 



RFP No. BC-04-25-13-37 


DRUG-FREE WORKPLACE FORM 

The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: 

______________________________________________________________________________ 

(Name of Business) 

1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, 

possession, or use of a controlled substance is prohibited in the workplace and specifying the actions 

that will be taken against employees for violations of such prohibition. 

2. Inform employees about the dangers of drug abuse in the workplace, the business’s policy of 

maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee 

assistance programs, and the penalties that may be imposed upon employees for drug abuse 

violations. 

3. Give each employee engaged in providing the commodities or contractual services that are under 

response/bid a copy of the statement specified in subsection (1). 

4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the 

commodities or contractual services that are under response/bid, the employee will abide by the terms 

of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, 

any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States 

or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 

5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or 

rehabilitation program if such is available in the employee’s community, or any employee who is so 

convicted. 

6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this 

section. 

As the person authorized to sign the statement, I certify that this firm complies fully with the above 

requirements. 

____________________________________________________ 

Responder’s Signature 

____________________________________________________ 

Date 

27 

Attachment 1 

Page 27 of 31 



RFP No. BC-04-25-13-37 


MINORITY AND WOMEN BUSINESS ENTERPRISE (MWBE) PARTICIPATION PLAN FORM 

Respondent: ________________________________________________________________________ 

All respondents, including Minority Business Enterprises (MBEs) and Women Business Enterprises 

(WBEs), shall complete and submit this M/WBE Participation Plan with their proposal. Through submission 

of its bid/proposal, Respondent certifies, acknowledges and agrees that the Participation Level and the 

Good Faith Efforts herein designated are accurate and true; and, that the individual whose manual 

signature is on this submission is duly authorized on behalf of the respondent to make such certification. 

For the purposes of MWBE participation on Leon County projects, the following definition applies: 

ACertified Minority Business Enterprise (MBE) and Women Business Enterprise (WBE)@ are 

firms certified by Leon County or the City of Tallahassee. Some firms with MBE or WBE 

certification by the State of Florida may be accepted under a reciprocal agreement but, those 

from other governmental organizations are not accepted by Leon County@ 

GOOD FAITH EFFORT 

Attachment 1 

Page 28 of 31 

DIRECTIONS: Each respondent must designate in Section 3 its level of MWBE participation. If 

the aspirational targets are not met or exceeded, Section 2 must be completed. All 

Respondents are to list subcontractors as appropriate in Sections 3 and 4. 

The following list of the good faith efforts criteria complies with Leon County=s Purchasing and Minority, 

Women, and Small Business Enterprise Policy. This criteria is used in the determination of whether a 

contractor has performed and documented good faith efforts. Also, the basis for rejecting a MWBE deemed 

unqualified or unacceptable by the Prime Contractor shall be documented and included in the respondent=s 

Good Faith Effort documentation. 

1. Please identify all of the following activities that your firm has done as Good Faith Effort in order to 

secure MWBE participation and submit documentation of such. Failure to designate those actions 

you have done as AGood Faith@ and provide documentation of all Good Faith Efforts completed by 

your firm may result in your proposal being determined as non-responsive. Please check the 

appropriate boxes that apply to your good faith activities: 

9 a. Advertised for participation by MWBEs in non-minority and minority publications within 

the Market area, including a copy of the advertisement and proof of the date(s) it 

appeared B or by sending correspondence, no less than ten (10) days prior to the 

submission deadline, to all MWBEs referred to the respondent by the MWSBE Division 


9 b. Documented that the bidding Prime Contractor provided ample time for potential MBE 

and/or WBE subcontractors to respond to bid opportunities, including a chart outlining the 

schedule/time frame used to obtain bids from MBE and WBE Vendors as applicable to 

the aspirational Target. 

9 c. Contacted the MWSBE Division for a listing of available MWBEs who provide the 


9 d. Contacted MBEs and/or WBEs who provide the services needed for the bid or proposal. 

9 e. Documented follow-up telephone calls with potential M/WBE subcontractors seeking 


28 



RFP No. BC-04-25-13-37 


9 f. Allowed potential M/WBE Subcontractors to review bid specifications, blueprints and all 

other Bid/RFP related items at no charge to the M/WBEs. 

9 g. Contacted the MWSBE Division, no less than five (5) business days prior to the Bid/RFP 

deadline, regarding problems the with respondent is having in achieving and/or reaching 

the aspirational targets. 

9 h. Other documentation indicating their Good Faith Efforts to meet the aspirational targets. 


___________________________________________________________________________ 

___________________________________________________________________________ 

___________________________________________________________________________ 

2. Prime contractors will negotiate in good faith with interested MWSBE=s, not rejecting a MWSBE as 


capabilities. The basis for rejecting any MWBE deemed unqualified or unacceptable by the 

Prime Contractor shall be included in the Good Faith Effort documentation. The Prime 

Contractor shall not impose unrealistic conditions of performance on MWSBE=s seeking 

subcontracting opportunities. 


indicated above at any time. Failure to provide supporting documentation when requested shall 

deem your bid/proposal as non-responsive. 


29 

Attachment 1 

Page 29 of 31 


RFP Title: Request for Proposals for Commercial Property Assessment Clean Energy (PACE) Administrator 

Proposal Number: BC‐02‐XX‐13‐26 

Opening Date: February , 2012 at 2:00 PM 

RESPONDENT=S PROPOSED MWBE PARTICIPATION 

Respondent shall complete the following Table identifying each certified MWBE firm they intend to use on this project. Attach additional sheets as 

necessary. 

Firm=s Name 

(Requires Leon County or 

City of Tallahassee MWBE 

certification) 1 

Firm=s Location 

Address 

(Must be in Leon, 

Gadsden, Jefferson or 

Wakulla Counties, FL 

to be certified) 

Minority and Women Business Enterprise(s) 

a. 

b. 

c. 

d. 

e. 

f. 

Total Bid Amount $ 

MBE and WBE Intended Utilization 

30 

Firm=s 

Telephone 

Number 

Ethnic 

Group 2 

(B, A, H, 

N, F) 

Total MWBE Participation $ 

Total Dollar 

Amount of 

MWBE 

Participation 

Type of Service to Provide 

MBE Participation % 

WBE Participation % 

(MBE or WBE Participation $ 

Total Bid $) 

1 Certification B Attach and submit a copy of each MBE and WBE certification with the proposal. 

2 Ethnic Group B Use following abbreviations- for MBE=s: African American (B); Asian American (A); Hispanic American (H); and Native 

American (N). WBEs include Non-Minority Female (F) owned firms. 

Attachment 1 

Page 30 of 31 


RFP Title: Request for Proposals for Commercial Property Assessment Clean Energy (PACE) Administrator 

Proposal Number: BC‐02‐XX‐13‐26 

Opening Date: February , 2012 at 2:00 PM 

NON-MWBE SUBCONTRACTORS 

Respondent shall complete the following Table identifying non-MBE=s or WBE=s subcontractors it anticipates utilizing on the project. 


Firm=s Name Firm=s Address Firm=s 

Phone # 

a. 

b. 

c. 

d. 

e. 

f. 

g. 

h. 

i. 

31 

Total Dollar 

Amount 

Type of Service to Provide 

Attachment 1 

Page 31 of 31 


Leon County 




To: 

Leon County 



June 18, 2013 



Title: Consideration of Full Board Committee Appointments to the Board of 

Adjustment and Appeals, Enterprise Zone Development Authority, 

Planning Commission, and WORKFORCE Plus 




Review: 

Lead Staff/ 

Project Team: 






Christine Coble, Agenda Coordinator 

Option #1: Reappoint Ryan Wetherell to the Board of Adjustment and Appeals. 

Option #2: Reappoint Michael Wood to the Enterprise Zone Development Authority. 

Option #3: Confirm Mayor Marks’ reappointment of Keith Bowers to the Enterprise Zone 

Development Authority. 

Option #4: Adopt the Resolution of Board of County Commissioners of Leon County, 

Florida, setting forth the reappointment of Mike Wood and Keith Bowers to the 

Enterprise Zone Development Agency, and authorize the Chairman to execute 

Option #5: Reappoint Stewart Proctor to the Planning Commission. 

Option #6: Reappoint Martin Shipman to Workforce plus. 


Title: Consideration of Full Board Committee Appointments to the Board of Adjustment and 

Appeals, Enterprise Zone Development Authority, Planning Commission, and 

WORKFORCE PLUS 

June 18, 2013 

Page 2 


Background: 

At its August 23, 2011 meeting, the Board approved the revised process for Advisory Committee 

appointments by having a General Business item prepared for full Board appointments. 

Analysis: 

Board of Adjustment and Appeals (BOAA) 

The BOAA is currently composed of nine members: the Board of County Commissioners 

appoints three members and an alternate; the Tallahassee City Commission appoints three 

members and an alternate; and, the City Commission and Board of County Commissioners 

appoint one member on a rotating basis. Terms are three years, expiring on June 30, and, 

pursuant to the BOAA bylaws, are limited to two consecutive terms. Appointees must be a 

resident of Leon County, an owner of real property, and a taxpayer (Attachment #1). The BOAA 

is responsible for determining appeals of code-related (LDRs) interpretations and granting 

variances to the provisions of the LDRs based on documented hardship. 

Ryan Wetherell’s term expires June 30, 2013, and he is eligible for one reappointment, expiring 

in June 2016. Mr. Wetherell’s has stated he is interested in reappointment and is considered a 

member in good standing and currently serving as Vice-Chairperson of the BOAA (Attachment 

#2). 

Enterprise Zone Development Authority (EZDA) 

The EZDA has 11 members, serving four-year terms, expiring on July 31, with the full Board 

having eight appointments, by designated positions/categories. The primary responsibilities of 

the EZDA are to assist in the development and oversight of the Enterprise Zone strategic plan; 

and, to identify and recommend ways to remove regulatory barriers placed on businesses to the 

County and City Commissions (Attachment # 3). 

The terms of Major Mike Wood, representing local law enforcement, and Keith Bowers, a 

designee of the Mayor of Tallahassee, expire July 31, 2013. A letter of recommendation for 

Major Wood was submitted from Sue Dick, President, Economic Development Council of 

Tallahassee/Leon County, Inc. (Attachment #4). Mayor John Marks provided a letter 

reappointing Keith Bowers as his representative on the EZDA (Attachment #5). The Leon 

County Code of Laws requires that the members of the EZDA be appointed/reappointed by the 

Board by resolution (Attachment #6). 


Members serve three-year terms, expiring June 30, with the full Board having three 

appointments; the Tallahassee City Commission having three appointments; and the Leon 

County School Board having one appointment (Attachment #7). The Commission acts as an 

advisory committee to the City and County Commissions, other governmental agencies within 

the metropolitan area, individuals, and private agencies seeking its advice and assistance in 

comprehensive planning and development of the Leon County/Tallahassee area. 

The term of Stewart Proctor expires June 30, 2013. Mr. Proctor is interested in reappointment 

and, according to the Planning Department, he is an engaged, conscientious, and valuable 

participant in the Planning Commission’s work (Attachment #8). 


Title: Consideration of Full Board Committee Appointments to the Board of Adjustment and 

Appeals, Enterprise Zone Development Authority, Planning Commission, and 

WORKFORCE PLUS 

June 18, 2013 

Page 3 

WORKFORCE plus 

Members serve three-year terms, expiring June 30, with the full Board having eight private sector 

appointments (Attachment #9). The purpose of Workforce Plus is to provide for enhanced 

coordination, cooperation, collaboration, and outcomes, in providing youth and adults with 

opportunities to develop and continuously upgrade their knowledge and skills in order to advance 

economically and socially throughout their lifetime, and in providing employers with the skilled 

workforce necessary to be competitive in local, state, national, and/or international markets. 

The term of Martin Shipman expires June 30, 2013. Mr. Shipman is interested in reappointment and 

is eligible to serve one three-year term. Staff received a letter in support of Mr. Shipman’s 

reappointment from Mr. James McShane, Chief Executive Officer for WORKFORCE plus 

(Attachment #10) 

Options: 

1. Reappoint Ryan Wetherell to the Board of Adjustment and Appeals. 

2. Reappoint Michael Wood to the Enterprise Zone Development Authority. 

3. Confirm Mayor Marks’ reappointment of Keith Bowers to the Enterprise Zone Development 

Authority. 

4. Adopt the Resolution of Board of County Commissioners of Leon County, Florida, setting 

forth the reappointment of Mike Wood and Keith Bowers to the Enterprise Zone 

Development Agency, and authorize the Chairman to execute 

5. Reappoint Stewart Proctor to the Planning Commission. 

6. Reappoint Martin Shipman to Workforce plus. 



Options #1, #2, #3, #4, #5, and #6. 

Attachments: 

1. Eligibility and Criteria – Board of Adjustment and Appeals 

2. Email from Mechelle Cook regarding Ryan Wetherell 

3. Eligibility and Criteria – Enterprise Zone Development Authority 

4. Email from EDC regarding Michael Wood 

5. Letter from Mayor Marks reappointing Keith Bowers 

6. EZDA Resolution 

7. Eligibility and Criteria – Planning Commission 

8. Email from Russell Snyder regarding Stewart Proctor 

9. Eligibility and Criteria – WORKFORCE plus 

10. Letter from WORKFORCE plus regarding Martin Shipman 



Responsibility: 

Responsible for determining appeals of code-related (LDRs) interpretations and granting variances to 

the provisions of the LDRs based on documented hardship. Board must keep minutes of its proceedings 

showing the vote of each member ... and shall keep record of its examinations and other official actions 

which shall be immediately filed in the office of the Board of Adjustment & Appeals. 

County DSEM responsibilities include application intake, preparation of recommendations for BCC 

review and action, developing and distribution BOAA agendas and notifying the public and interested 

parties of BOAA meetings (Revised by BCC action on March 19, 1996). 

Members file Financial Disclosure Form #1 with Supervisor of Elections. 

Created By: 

County Ordinance 76-8; Code of Laws Appendix D 

Appointments: 

9 members: 

3 - BCC plus an alternate 

3 - City plus an alternate 

1 appointed alternately by BCC and City - Alternate appointed by BCC in 2003; City appointment 6/2006 

Terms: 

3 year terms extending from July 1. Terms expire June 30. 

Members shall not serve more than two (2) full consecutive terms on the Board, whether appointed by 

the City Commission or the County Commission. 

Eligibility Criteria: 

Eligibility Requirement: Must be a resident of Leon County, an owner of real property, and a taxpayer. 

Members file Financial Disclosure Form #1 with Supervisor of Elections. 

Schedule: 

2nd Thursday of each month @ 1:00 p.m. 

Renaissance Center 

435 N. Macomb Street 


Type of Report: 

No formal report required. 

Attachment #1 

Page 1 of 4 


Contact Person/Staff: 

County: Ryan Culpepper 

Development Services Director 

435 N. Macomb Street 


850-606-1300 

email: culpepperr@leoncountyfl.gov 

Mechelle Cook, Secretary to the Board 

850-606-1300 

email: cookme@leoncountyfl.gov 

City: Greg Harden 

Growth Management Dept. 

435 N. Macomb Street, Tallahassee, FL 32301 

850-891-7100 

email:greg.harden@talgov.com 

Attorney: 

Harold Knowles (Secretary-Angela) 

3065 Highland Oaks Terrace 


850-222-3768 

Members: 

Lawrence, John 

Chamizo, Jorge 

Barreto,Cunningham, 

May, Dudley & 

Maloy 

Begin Term: 

10/24/2011 

End Term: 

10/24/2012 

Type: one year 

Begin Term: 

8/1/2010 

End Term: 6/30/2013 

Type: three years 

Original Date: 

10/24/2011 

Appointed by: 

Tallahassee City 

Commission 


8/1/2004 

Appointed by: 


Commission 

Notes: 

Attachment #1 

Page 2 of 4 

Email: jorge@flapartners.com 


DeMello, Beverlee 

Wetherell, Ryan 

Kimley-Horn & 

Associates, Inc. 

Joyner, Christie 

Swanson, Seth D. 

Trotman, Bradley C 

Killearn Homes 

Association 

Bostwick, Bobby 

(Jay) 

Sperry & Associates 

Begin Term: 

7/1/2010 

End Term: 6/30/2013 


Begin Term: 

4/13/2010 

End Term: 6/30/2013 


Begin Term: 

1/1/2009 

End Term: 6/30/2014 


Begin Term: 

6/14/2011 

End Term: 6/30/2014 


Begin Term: 

6/14/2011 

End Term: 6/30/2014 


Begin Term: 

6/9/2009 

End Term: 6/30/2015 



1/1/2005 

Appointed by: 


Commission 


4/13/2010 

Appointed by: 

Board of County 

Commissioners 


1/1/2009 

Appointed by: 


Commission 


6/14/2011 

Appointed by: 


Commissioners 


6/14/2011 

Appointed by: 


Commissioners 


6/9/2009 

Appointed by: 


Commission 

Email: bdemello@psc.state.fl.us 

Email: Ryan.Wetherell@kimleyhorn.com 

Full member a/o July 13, 2010 

Email: cjoyner@firstam.com 

Alternate member 

Email: 

sethswanson77@hotmail.com 

Email: Brad@killearn.org 

Attachment #1 

Page 3 of 4 

Email: 

JBostwick@sperryconstruction.com 

Alternating City/County member 


Yarbrough, J. 

Cameron 

Begin Term: 

3/19/2009 

End Term: 6/30/2015 



3/19/2009 

Appointed by: 


Commissioners 

Attachment #1 

Page 4 of 4 

Email: Cameron@tsamoutales.com 


From: Mechelle Cook 

To: Coble, Christine 

Date: 5/31/13 10:59 AM 

Subject: Fwd: Re: BOAA Re-appointment 

Good morning Christine, 

Mr. Wetherell sent a confirmation that he would like to be reappointed to the BOAA. He is a member in 

good standing and is currently serving as Vice Chairman on the committee. Thank you. 

>>> 05/31/2013 10:25 AM >>> 

I am good with a reappointment. 

Thanks, 

Ryan Wetherell 

(850) 339-4325 

Sent from my wireless handheld device. 

Attachment #2 

Page 1 of 1 


Enterprise Zone Development Agency (EZDA) Board of 

Commissioners 


- Review, process and certify applications for state enterprise zone tax incentives 

- Provide assistance to businesses and residents within the EZ 

- Promote the development of the EZ 

- Make and execute contracts and other instruments necessary to the exercise of the County's powers as 

an EZ governing body 

- Assist in the development and oversight of the EZ strategic plan and identifying and recommending 

ways to remove regulatory barriers placed on businesses to the County and City Commissions 

- Oversee and monitor the implementation of the strategic plan for the Enterprise Zone 

- Identify to the City and County Commissions the financial needs of, and local resources or assistance 

available to, eligible businesses within the EZ 

Created By: 

Leon County Code of Laws Chapter 2, Art. III, Div. 4; Selection Criteria for EZDA members: 

BCC Ordinance - June 11, 2002 

BCC Resolution - July 30, 2002 

Appointments: 

11 - appointed by the BCC 

One representative from each of the following: 

1. Chamber of Commerce 

2. A local financial or insurance entity 

3. A business operating within the proposed EZ area 

4. A resident residing within the proposed EZ area 

5. Non-profit, community-based organization operating within the proposed EZ area 

6. Local Workforce Development Board 

7. Local Code Enforcement Board 

8. Local Law Enforcement 

9. Chairperson of the Board of County Commissioners or Commissioner designee 

10. Vice-chairperson of the Board of County Commissioners or Commissioner designee 

11. Mayor of the City of Tallahassee or designee 

Terms: 

Initial Terms were staggered for specific members. 

Subsequent terms are 4 years. 

No member appointed by the County shall serve more than three consecutive terms. 

Attachment #3 

Page 1 of 4 


Chamber of Commerce - 4 yrs 

Local finance or insurance entity - 4 yrs 

Business operating w/in EZ - 4 yrs 

Resident residing w/in EZ - 4 yrs 

Non-profit, community-based organization operating w/in EZ - 4 yrs 

Local Workforce Development Board - 4 yrs 

Local Code Enforcement Board - (1 yr) 4 yrs 

Local Law Enforcement - (3 yrs) 4 yrs 

BCC Chairperson or designee - (3 yrs) 4 yrs 

BCC Vice-Chair or designee - (2 yrs) 4 yrs 

Mayor, City of Tallahassee or designee (2 yrs) 4 yrs 


[Refer to Positions] 

Schedule: 

Meet at such times and places as the Chair deems appropriate 

All meetings will be open to the public, upon due notice published in a newspaper of general circulation, 

and minutes of meetings prepared and filed with the County Clerk and City Clerk 

Type of Report: 

Quarterly reports to the BCC and the City Commission, evaluating the progress in implementing the 

strategic plan for the Enterprise Zone 

File annually with City and County Commissions, on or before March 31 of each year, a report of the 

Agency's activities for the preceding fiscal year which will include a complete financial statement 

Annually prepare and submit a comprehensive report to the State Office of Tourism, Trade and 

Economic Development (OTTED) that discloses the accomplishments in Leon County 


Sue Dick, Executive Director 

Greater Tallahassee Chamber of Commerce 

115 N. Calhoun Street 

Tallahassee 32301 

224-8116 

sdick@talchamber.com 

Julie Lovelace, Interim EZDA Administrator 

521-3106 

edcadmin@taledc.com 

Attachment #3 

Page 2 of 4 


Members: 

Bowers, Keith 

Small Business 

Development Center 

Wood, Michael 

Schreiber, Joe 

Rivers, Kim 

Davis, Regina 

Frenchtown CDC 

Begin Term: 

12/9/2008 

End Term: 7/30/2012 

Type: four years 

Begin Term: 

1/24/2012 

End Term: 7/31/2013 

Type: unexpired term 

Begin Term: 

9/14/2010 

End Term: 7/31/2014 


Begin Term: 

9/14/2010 

End Term: 7/31/2014 


Begin Term: 

7/13/2010 

End Term: 7/31/2014 



12/9/2008 

Appointed by: 

Tallahassee Mayor 

John Marks 


1/24/2012 

Appointed by: 


Commissioners 


9/14/2010 

Appointed by: 


Commissioners 


9/14/2010 

Appointed by: 


Commissioners 


7/11/2006 

Appointed by: 


Commissioners 

Attachment #3 

Page 3 of 4 

Category: Alternate designee of 

FAMU President 

Email: keith.bowers@famu.edu 

Category: Law Enforcement 

Email: woodm@leoncountyfl.gov 

Category: Resident residing in EZ 

area 

Email: 

jschreiber@mcconnaughhay.com 

Category: Business Operating 

within EZ area 

Email: kim@emaila2z.com 

Category: Non-profit communitybased 

organization in EZ area 

Email: frenchtowncdc@aol.com 


Smith, Emma 

Growth & 

Environmental 

Management 

Maddox, Nick 


Commissioners 

Vincent, David 

Lindley, Mary Ann 

Brown, Sherwood 

First Commerce 

Credit Union 

McShane, Jim 


Begin Term: 

6/14/2011 

End Term: 7/31/2015 


Begin Term: 

6/14/2011 

End Term: 7/31/2015 


Begin Term: 

6/14/2011 

End Term: 7/31/2015 


Begin Term: 

12/11/2012 

End Term: 

12/31/2016 


Begin Term: 4/9/2013 

End Term: 7/30/2017 


Begin Term: 

4/23/2013 

End Term: 7/31/2017 



7/23/2002 

Appointed by: 


Commissioners 


6/14/2011 

Appointed by: 

Chairman, BOCC 


9/14/2010 

Appointed by: 


Commissioners 


12/11/2012 

Appointed by: 

Vice-Chair - BOCC 


4/9/2013 

Appointed by: 


Commissioners 


4/23/2013 

Appointed by: 


Commissioners 

Category: Leon County Code 

Enforcement Board 

Email: Smithe@leoncountyfl.gov 

Category: Serves as Chairman 

Email: 

maddoxn@leoncountyfl.gov 

Category: Chamber 

Representative 

Email: dvincent@jraarchitects.com 

Attachment #3 

Page 4 of 4 

Category – Serves as EZDA Vice- 

Chair 

Email: 

lindleym@leoncountyfl.gov 

Category: Representative from a 

local finance or insurance entity 

Email: 

slbrown@firstcommercecu.org 

Category: Workforce Plus: 

Email: jim.mcshne@wfplus.org 


January 6, 2012 

To Whom It May Concern: 

Attachment #4 

Page 1 of 1 

The Tallahassee/Leon County Enterprise Zone Development Agency bylaws, policies and procedures 

mandates that the members of the EZDA shall be appointed by Resolution of the County Commission 

and shall consist of eleven {11) members; one of the members consisting of a representative from a 

local law enforcement agency to serve an initial term of three years {subsequent term: four years). 

This letter is to serve as my formal recommendation for Major Mike Wood to serve on the 

Tallahassee/Leon County Enterprise Zone Development Agency as a local law enforcement agency 

representative. 

Major Wood is a lifelong resident of Tallahassee, and has been employed with the Leon County Sheriff's 

department for 29 years. Major Wood is a graduate of Rickard's high school and a father of t wo 

children. 

His lifelong residency and his insight at having been with the Sheriff's office for twenty-nine years 

provides him w ith the knowledge and background that the board is seeking. For these reasons, I highly 

recommend Major Wood as a candidate to serve on the Tallahassee/Leon County Enterprise Zone 

Development Agency Board of Commissioners. 

If you have any questions regarding Major Wood or this recommendation, please contact me at (850) 

521-3114. 

Beth Kirkland, CEcD 

Executive Director 

Economic Development Council of Tallahassee/Leon County, Inc. 

PO Box 1639 

115 N. Calhoun Street 


Direct: {850) 521-3114 

Cell: (850) 212-1056 

bkirkland@taledc.com 

www.taledc.com 

P.O. Box 1619 • I!S N. Cafh,mn Sr. • Tallahassee, FL 32302 • Phone· (il50) 224-8116 • F;n:: (850) 42S-1056 • \\'ww.TaiED '.com 


June 3, 2013 

Ms. Christine Coble 


301 S. Monroe 


RE: Enterprise Zone Development Agency 

Dear Ms. Coble: 

For the duration of the term beginning July 2012, please reappoint Keith Bowers 

as my representative on the Enterprise Zone Development Agency. We are 

confident that he will continue to serve the agency well. 

Sincerely, 

Mayor John Marks 

Cc: Julie Lovelace, Economic Development Council 

Attachment #5 

Page 1 of 1 


RESOLUTION: 13 -___ 

RESOLUTION OF BOARD OF COUNTY COMMISSIONERS OF LEON COUNTY, 

FLORIDA, SETTING FORTH REAPPOINTMENTS OF MEMBERS TO THE 

ENTERPRISE ZONE DEVELOPMENT AGENCY (EZDA 

WHEREAS, Section 2-92 of Chapter2, Article III, Division 4 of the Code of Laws of 

Leon County requires that the members of the Enterprise Zone Development Agency 

(the EZDA) be appointed by the Board of County Commissioners (the Board) by resolution; and, 

WHEREAS, there currently is a need for the reappointment of members to the EZDA. 

NOW THEREFORE, BE IT RESOLVED, by the Leon County Board of County 

Commissioners as follows: 

Section 1. That the Leon County Board of County Commissioners hereby ratifies 

and confirms the reappointments of the following persons as current members of the 

Leon County Research and Development Authority for the terms set forth herein below: 

Name Type Begin Term End Term 

Mike Wood Reappointment – Four Years August 1, 2013 July 31, 2017 

Keith Bowers Reappointment – Four Years August 1, 2013 July 31, 2017 

Proposed, presented, and passed this 18 th day of June, 2013. 

ATTEST: 

BOB INZER, CLERK OF THE CIRCUIT COURT 

By: _______________________________ 


OFFICE OF THE COUNTY ATTORNEY 


By: _______________________________ 

Herbert W.A. Thiele, Esq. 



Attachment #6 

Page 1 of 1 

By: ______________________________________ 






Acts as an advisory committee to the City and County Commissions, other governmental agencies within 

the metropolitan area, individuals, and private agencies seeking its advice and assistance in 

comprehensive planning and development of the Tallahassee area. 

Created By: 

Interlocal Agreement: 

Cooperative Agreement for Areawide Planning of the Tallahassee Metropolitan Area - 9/26/1967 

Bylaws amended 11/18/1997 

Appointments: 

7 members: 

3 – Board of County Commissioners 

3 – City of Tallahassee 

1 – nominated by School Board 

A chairman and vice chairman are elected for a one-year term in September. 

Terms: 

3-year terms, extending from July 1. Number of terms allowed not specified. Vacancies filled for 

remainder of unexpired term. 


Must be residents of Leon County, but shall not be appointed from the membership of any planning/ and 

or zoning board operating within the exclusive jurisdiction of each government unit. 

Schedule: 

Planning Commission Meetings: - 6 pm, first Tuesday of each month. 8:30 am, Wednesday which is 8 

days after the first meeting of each month. 


Department of PLACE* 

*Planning, Land Management & Community Enhancement 

Russell Snyder, Land Use Administrator 

Tallahassee-Leon County Planning Department 

891-6400; email: russell.snyder@talgov.com 

Beth Perrine, Administrative Assistant: 

891-6400; email: Beth.Perrine@talgov.com 

Atty: Chris H. Bentley, P.A. 

2548 Blairstone Pines Drive 


877-6555 (W); chb@rsbattorneys.com 

City Contact: 

Melissa Hinton, Exec. Secretary to Treasure/Clerk 

City Hall; 891-8131 

County Contact: 

Christine Coble, Agenda Coordinator; 606-5300; Email: coblec@leoncountyfl.gov 

Attachment #7 

Page 1 of 3 


MEMBERS 

Proctor, Stewart 

Structure 

Commercial Real 

Estate 

Henderson, J. 

Scott 

Henderson 

Planning Group 

Madden, Patrick 

Edmond, Timothy . 

The Edmond 

Group, LLC 

Begin Term: 

4/10/2012 

End Term: 

6/30/2013 

Type: unexpired 

term 

Begin Term: 

7/1/2011 

End Term: 

6/30/2014 


Begin Term: 

6/14/2011 

End Term: 

6/30/2014 


Begin Term: 

2/14/2012 

End Term: 

6/30/2014 

Type: unexpired 

term 


4/10/2012 

Appointed by: 


Commissioners 


7/1/2011 

Appointed by: 


Commission 


5/25/2011 

Appointed by: Leon 

County School 

Board 


2/14/2012 

Appointed by: 


Commissioners 

Email: stewart@structureiq.net 

Email: 

shenderson@hendersonplanninggroup.com 

Email: pmadden@jacksonville.nef.com 

Email:edmondgroup.tde@gmail.com 

Attachment #7 

Page 2 of 3 


Walker, Barbara 

Dantin, Keith 

Jones, Darryl 

Eugene 

Bethel CDC 

Begin Term: 

7/1/2012 

End Term: 

6/30/2015 


Begin Term: 

8/1/2012 

End Term: 

6/30/2015 


Begin Term: 

7/14/2012 

End Term: 

6/30/2015 



7/1/2012 

Appointed by: 


Commission 


7/1/2004 

Appointed by: 


Commission 


7/14/2009 

Appointed by: 


Commissioners 

Email: kdantin@comcast.net 

Notes: Planning Commission 

Representative 

Email: dajones32301@yahoo.com 

Attachment #7 

Page 3 of 3 


From: "Snyder, Russell" 

To: "Coble, Christine" "Perrine, Beth" 

Date: 5/30/13 4:16 PM 

Subject: Stewart Proctor 

Christine, 

In regards to the reappointment of Stewart Proctor to the Planning Commission, Mr. Proctor has been 

an engaged, conscientious and valuable participant in the commission's work, in my opinion. 

Russell Snyder, J.D., M.C.P. 

Land Use Planning Division Administrator 

Tallahassee - Leon County Planning Department 

300 S. Adams St., Tallahassee, FL 32301 

850-891-6400 

russell.snyder@talgov.com 

http://www.talgov.com/Main/Home.aspx 

http://cms.leoncountyfl.gov/ 

People Focused, Performance Driven 

Attachment #8 

Page 1 of 1 




The purpose of Workforce Plus is to provide for enhanced coordination, cooperation, collaboration, and 

outcomes, by and between several entities, both public and private, which are involved at the local level 

in providing youth and adults with opportunities to develop and continuously upgrade their knowledge 

and skills in order to advance economically and socially throughout their lifetime, and in providing 

employers with the skilled workforce necessary to be competitive in local, state, national, and/or 

international markets. 

- Develop the region's strategic workforce development plan; 

- Solicit the input and participation of the local business community in the provision of services for the 

residents of the region; 

- Provide policy guidance and procedures for programs established by Workforce Plus 

- Provide oversight and monitoring activities. 

Created By: 

Federal Public Law 105-220 (Workforce Investment Act of 1998 - Title I) 

Section 117, of the WIA and the State of Florida Workforce Innovation Act of 2000 

Interlocal Agreement between Leon, Wakulla, and Gadsden County Commissions (Region 5) 

Appointments: 

8 - appointed by BCC - private sector representatives 

A majority of Workforce Plus shall be representative of the private sector, who shall be owners of 

business concerns, executives, or chief operating officers of non-governmental employers, or other 

private sector executives who have substantial management or policy responsibility. 

New appointments to Workforce Plus are required to be nominated through recommendation of the 

Tallahassee-Leon County Chamber of Commerce and Economic Development Council (EDC). 

Terms: 

Initial terms are 2 and 3 years. All terms thereafter are 3-year terms. 

Terms expire June 30. Vacancies are filled for the remainder of an unexpired term. 

New appointments to Workforce Plus are required to be nominated through recommendation of the 

Tallahassee-Leon County Chamber of Commerce and Economic Development Council (EDC). 

Schedule: 

Meets quarterly. Meeting dates and times posted on the Workforce Plus website: www.wfplus.org. 


Jim McShane, Executive Director 

325 John Knox Road, Bldg. B100 


617-4601 

email: richard.williams@wfplus.org 

Matt Salera, CFO 

617-4606 

email: matt.salera@wfplus.org 

Attachment #9 

Page 1 of 3 


Members: 

Shipman, Martin 

Seamons, Fred 

MGT America 

Meenan, Tim 

Blank, Meenan and 

Rigsby, PA 

Banks, George C. 

Summit East 

Management 

Harvey, Lee 

Begin Term: 

7/13/2010 

End Term: 6/30/2013 


Begin Term: 

6/14/2011 

End Term: 6/30/2014 


Begin Term: 

6/14/2011 

End Term: 6/30/2014 


Begin Term: 

6/14/2011 

End Term: 6/30/2014 


Begin Term: 

6/14/2011 

End Term: 6/30/2014 



5/22/2007 

Appointed by: 


Commissioners 


7/27/1999 

Appointed by: 


Commissioners 


7/30/2002 

Appointed by: 


Commissioners 


9/22/2009 

Appointed by: 


Commissioners 


9/20/2005 

Appointed by: 


Commissioners 

Email: 

martin.shipman@tlhoc.com 

MGT America 

email: fred@mgtamer.com 

Blank & Meenan 

tim@blanklaw.com 

Attachment #9 

Page 2 of 3 

STRUCTURE Commercial Real 

Estate 

Email: 

george.banks@summiteast.com 

Lee Harvey Insurance Company 

Email: 

lharvey2110c@embarqmail.com 


Mason, Katherine 

Edwards, Barbara 

Begin Term: 

3/12/2013 

End Term: 6/30/2016 


Begin Term: 

3/12/2013 

End Term: 6/30/2016 



3/12/2013 

Appointed by: 


Commissioners 


3/12/2013 

Appointed by: 


Commissioners 

Tallahassee Memorial 

Healthcare 

Notes: Comcast/Xfinity 

Attachment #9 

Page 3 of 3 


WQRKF,QRCE Your Employment Solution 

p1US 

May 30,2013 

Chair Nick Maddox 


301 South Monroe Street, 5th Floor 


Dear Chair Maddox: 

WORKFORCE plus is pleased to support the reappointment of the following board 

members for an additional two year term to begin July 1, 2013: 

Martin Shipman 

Mr. Shipman is in good standing and are an integral part of the success of 

WORKFORCE plus. 

Should you have any questions, please do not hesitate to contact me at (850) 61 7-4601. 

&!:'52- 

James H. McShane, III 

Chief Executive Officer 

WORKFORCE plus 

JHM:dg 

CC: Christine Coble 

Attachment #10 

Page 1 of 1 

Officers 

Barbara C. Edwards, Chairwoman 

R. Martin Shipman, Vice-Chair 

Leanders "Lee" Harvey, Secretary 

G. Patrick Hutto, Treasurer 

Timothy J. Meenan, Past Chairman 

Administrative Office 

325 John Knox Road, Bldg. B I 00 


(850) 414-6085 

(888) WFP JOB I 

Fax (850) 410-2595 

www.wfplus.org 

Center for Business 

and Employer Services 

2525 s. Monroe Street. 3A 


(850) 413-0315 

Executive Center 

325 john Knox Road, Bldg. B I 00 


(850) 414 6085 

Gadsden County 

I 140 W. Clark St. 

Quincy, FL 32351 

(850) 875-4040 

Leon County 

2525 S. Monroe Street, 3-A 

Tallahassee, FL 3230 I 

(850) 922-0023 

Wakulla County 

3278 Crawfordville Hwy., Unit G 

Crawfordville, FL 32327 

(850) 926-0980 


Programs funded through WORKFORCE plus are equal opportunity programs with auxiliary aids and services available 

upon request to individuals with disabilities. Florida Relay Service 1-800-955-8770 (Voice) or 1-800-955-8771 ('ITY / VCO) 

MEMBER

Leon County 




To: 

Leon County 



June 18, 2013 



Title: First and Only Public Hearing on a Proposed Ordinance Repealing 

Chapter 18, Article IV, Division 1 and Amending Division 3 of the Leon 

County Code of Laws, relating to Stormwater Management 



Department/ 


Lead Staff/ 

Project Team: 


N/A 



Patrick T. Kinni, Deputy County Attorney 


Option #1: Conduct first and only public hearing and adopt the Ordinance repealing 

Chapter 18, Article IV, Division 1 and Amending Division 3 of the Leon County 

Code of Laws, relating to Stormwater Management. 


Title: First and Only Public Hearing on a Proposed Ordinance Repealing Chapter 18, Article IV 

Division 1 and Amending Division 3 of the Leon County Code of Laws, relating to 


June 18, 2013 

Page 2 


Background: 

The Stormwater Management Assessment was first adopted in September 1991, with a rate of 

$20.00 per single family unit, and which contained a multiplier for non-residential properties 

based upon the amount of impervious area on each parcel of developed property. The Board 

modified the Stormwater Utility Ordinance in July 1995, to permit funding of operational and 

maintenance expenses, and for the purchase of wetlands and flood plains. 

However, the assessment rate originally adopted in 1991 was found by the Board to no longer 

sufficiently meet the needs of the County’s Stormwater Management Program. 

At its April 23, 2013 meeting, the Board ratified the Fiscal Year 2014 Budget Workshop held 

earlier that day, and accepted the CDM Smith Final Report regarding a proposed new stormwater 

assessment. The Board also directed Staff to prepare an ordinance consistent with the CDM 

Smith Final Report, and further authorized Staff to schedule the appropriate public hearing for 

May 28, 2013 and proceed with mailing the statutorily required 20 day notice letters to the 

affected property owners. 

At its May 28, 2013 meeting, the Board adopted an ordinance substantially amending 

Chapter 18, Article IV, Leon County Code of Laws, creating a new Division 3 entitled 

“Stormwater Management System.” The Board also adopted the associated Stormwater 

Management Rate Resolution, approving and incorporating therein the CDM Smith Final Report 

and Rate Schedule. By way of a separate Agenda Item, the Board also adopted the Stormwater 

Management Non-ad Valorem Roll and authorized same to be certified to the Tax Collector. 

Analysis: 

As a result of the Board’s action at its May 28, 2013 meeting, effective October 1, 2013 the 

Stormwater Management Assessment originally imposed in 1991, will be superseded by the new 

assessment imposed on May 28, 2013. Therefore, Staff has drafted for the Board’s consideration 

of a proposed Ordinance amending Chapter 18, Article IV, Leon County Code of Laws, which 

will repeal Chapter 18, Article IV, Division 1 in its entirety and amend Division 3 

(Attachment #1). Adoption of the proposed Ordinance would have the effect of repealing the 

assessment imposed by the Board in 1991. However, the proposed Ordinance will not be 

effective until September 30, 2013 and is designed not to impact the previously imposed 

assessments which may have, for a variety of reasons, not yet been collected. In other words, 

assessments for stormwater imposed by the Board previous to the revised assessment imposed by 

action of the Board on May 28, 2013, will not be affected by adoption of the proposed Ordinance 

should same not have been collected prior to October 1, 2013. 

This public hearing has been appropriately noticed in accordance with section 125.66, Florida 

Statutes, and a copy of the notice of publication is attached as Attachment #2. 


Title: First and Only Public Hearing on a Proposed Ordinance Repealing Chapter 18, Article IV 

Division 1 and Amending Division 3 of the Leon County Code of Laws, relating to 


June 18, 2013 

Page 3 

Options: 

1. Conduct the first and only public hearing and adopt the proposed Ordinance repealing 

Chapter 18, Article IV, Division 1 and Amending Division 3, Leon County Code of Laws. 

2. Conduct the first and only public hearing and do not adopt the proposed Ordinance repealing 

Chapter 18, Article IV, Division 1 and Amending Division 3, Leon County Code of Laws. 



Option #1. 

Attachment): 

1. Ordinance repealing Chapter 18, Article IV, Division 1 and Amending Division 3, Leon 

County Code of Laws. 

2. Proof of Publication. 

HWT/PTK/kam 


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F13-00028 

ORDINANCE NO. 2013-__________ 

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF 

LEON COUNTY, FLORIDA, AMENDING CHAPTER 18, ARTICLE IV 

OF THE CODE OF LAWS OF LEON COUNTY, FLORIDA, ENTITLED 

“STORMWATER UTILITY”; AMENDING SECTION 18-134.2, 

DEFINITIONS; REPEALING SECTION 18-117, DEFINITIONS; 

REPEALING SECTION 18-118, AUTHORITY; REPEALING SECTION 

18-119, FINDINGS AND DETERMINATIONS; REPEALING SECTION 

18-120, IMPOSITION OF A STORMWATER MANAGEMENT 

ASSESSMENT; REPEALING SECTION 18-121, SCHEDULE OF RATES; 

REPEALING SECTION 18-122, BILLING AND PAYMENT, PENALTIES; 

REPEALING SECTION 18-123, ADJUSTMENT OF ASSESSMENTS, 

CORRECTIONS; REPEALING SECTION 18-124, PROGRAM 

RESPONSIBILITY; REPEALING SECTION 18-125, STORMWATER 

MANAGEMENT UTILITY FUND; PROVIDING FOR APPLICABILITY; 

PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; 

AND PROVIDING FOR AN EFFECTIVE DATE. 

WHEREAS, the Board of County Commissioners desires to enact an ordinance amending 

Chapter 18, Article IV of the Leon County Code of Laws, relating to stormwater management; 

BE IT ORDAINED by the Board of County Commissioners of the County of Leon, 

Florida, as follows, that: 

Section 1. Section 18-134.2 of the Code of Laws of Leon County, Florida, is hereby 

amended to read as follows: 

Sec. 18-134.2. Definitions. 

When used in this Ordinance, the following terms shall have the following meanings, 

unless the context clearly requires otherwise: 

“Administrator” means the Leon County Administrator or such person’s designee. 

“Board” means the Board of County Commissioners of Leon County, Florida. 

“Comprehensive Plan” means the comprehensive plan adopted by the Board pursuant to 

Chapter 163, Part II, Florida Statutes. 

1 

Attachment #1 

Page 1 of 5 


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F13-00028 

“County” means Leon County, Florida. 

“Developed Property” means property that has been developed with impervious area 

including, but are not limited to, rooftops, sidewalks, walkways, patio area, driveways, parking 

lots, storage areas and other surfaces which similarly impact the natural infiltration or runoff 

patterns which existed prior to development. 

“Dwelling unit” shall mean a single unit or apartment providing complete, independent 

living facilities for one or more persons including permanent provisions for living, sleeping, 

eating, cooking, and sanitation. 

“Impervious area” shall mean the projection of roofed and paved areas including, but not 

limited to, areas covered by roofs, roof extensions, slabs, patios, porches, driveways, sidewalks, 

parking areas, and athletic courts. 

time to time. 

“Ordinance” means this Stormwater Management System Ordinance as mentioned from 

“Property Appraiser” means the Leon County Property Appraiser. 

“Single-family unit (SFU)” means the average or median impervious area for single 

family detached residences located within the Stormwater Services Area. The value of one SFU 

shall be established by the Board in the Stormwater Assessment Rate Resolution. 

“Stormwater” means the flow of the water which results from, and which occurs 

following a rainfall event. 

“Stormwater Assessment” means a special assessment imposed and levied by the Board 

to fund the Stormwater Management System within the Stormwater Service Area. 

2 

Attachment #1 

Page 2 of 5 


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F13-00028 

“Stormwater Assessment Rate Resolution” means the resolution described in Section 18- 

134.4(b)(2) hereof, which shall impose and levy the Stormwater Assessment and which shall be 

the final proceeding for the imposition of the Stormwater Assessment. 

“Stormwater Assessment Roll” means the special assessment roll relating to the 

Stormwater Management System approved the Board and certified to the Leon County Tax 

Collector for collection. 

“Stormwater Facilities” means land, capital facilities and improvements acquired or 

provided to detain, retain, convey or treat Stormwater. 

“Stormwater Management Plan” means the policies and regulations adopted by the Board 

which identify the levels of service for water quality and quantity management in the County, 

based upon the criteria in the Comprehensive Plan and applicable state and federal law. 

“Stormwater Management Services” means the (a) management and administration of the 

Stormwater Utility and Stormwater Management System; (b) stormwater program engineering; 

(c) stormwater basin planning; (d) operating and maintaining Stormwater Facilities; (e) billing 

and collection of Stormwater Assessments, including customer information and educational 

services and reserves for statutory discounts; and (f) legal, engineering and other consultant 

services. 

“Stormwater Management System” means a system which is designed and constructed or 

utilized to control discharges which are necessitated by rainfall events, incorporating methods to 

collect, convey, store, absorb, inhibit, treat, use, or reuse water to prevent or reduce flooding, 

overdrainage, environmental degradation and water pollution or otherwise affect the quantity and 

quality of discharge from the system, and is the operational means of implementing and 

3 

Attachment #1 

Page 3 of 5 


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otherwise carrying out the functional requirements of the County’s Stormwater Management 

Plan. 

F13-00028 

“Stormwater Services Area” means all of the unincorporated area of the County. 

“Stormwater Utility” means the entity established by Section 18-134.3(a) hereof to fund 

the Stormwater Management System. 

“Stormwater Utility Fund” means an account where Stormwater Assessments, user 

charges, fees and any other revenues are deposited for use in funding the Stormwater 

Management System. 

“Uniform Assessment Collection Act” means sections 197.3632 and 197.3635, Florida 

Statutes, or any successor statutes authorizing the collection of non-ad valorem assessments on 

the same bill as ad valorem taxes, and any applicable regulations promulgated thereunder. 

Section 2. The Code of Laws of Leon County, Florida, is hereby amended by 

repealing Sections 18-117, 18-118, 18-119, 18-120, 18-121, 18-122, 18-123, 18-124, 18-125 of 

Chapter 18, Article IV, Division 1 in their entirety. 

Section 3. Applicability. The provisions of this ordinance shall in no way apply to 

or affect the levy, collection or enforceability of any stormwater management assessment 

previously imposed pursuant to Section 18-120, Code of Laws of Leon County, which has not 

been paid in full as of the effective date of this ordinance. 

Section 4. Conflicts. All ordinances or parts of ordinances in conflict with the 

provisions of this ordinance are hereby repealed to the extent of such conflict, except to the 

extent of any conflicts with the Tallahassee-Leon County 2030 Comprehensive Plan as amended, 

which provisions shall prevail over any parts of this ordinance which are inconsistent, either in 

whole or in part, with the said Comprehensive Plan. 

4 

Attachment #1 

Page 4 of 5 


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F13-00028 

Section 5. Severability. If any provisions or portion of this Ordinance is declared by 

any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all 

remaining provisions and portions of this Ordinance shall remain in full force and effect. 

Section 6. Effective Date. This ordinance shall become effective at 11:59 p.m. on 

September 30, 2013. 

DONE, ADOPTED AND PASSED by the Board of County Commissioners of Leon 

County, Florida this 18 th day of June, 2013. 

ATTESTED BY: 



By: 




COUNTY ATTORNEY’S OFFICE 


By: 



By: 

5 




Attachment #1 

Page 5 of 5

BOARD OF COUNTY COMMISSIONERS LEON COUNTY, FLORIDA

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