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4. LEGISLATION SUPPORTED BY THE COUNTY THAT FAILED I 4.1 MUNICIPAL POWER REGULATION (SB 840 & HB 579) Backgr I und.• In 1978, the Florida Municipal Power Agency (FM-PA) was created by inter-local agree- ment for, the purpose of providing electric power to under-served municipalities. The FMPA serves about 311 municipalities. The FMPA is governed by a Board of Directors; with one member appointed by each member municipality. Except in cases involving the ARP, the Board decides all issues concern- ing each lof FMPA's power supply projects, including the approval of rate structures. Rate structures for ARP projects must be submitted to, and approved, by the FMPA's Executive Committee. As per Florida law, all meetings of these respective bodies that involve rate setting and discussion of the budg- et must be open to the public. Following the 2014-2015 audit, the auditor general found evidence of significant financial mismanagement and has made recommendations to improve transparency within the FMP'A. Legrslatlon: The legislation as originally filed would have (1) promoted transparency by requiring an annual gancial report to be prepared and presented to the Public Service Commission, Public Coun- sel, and each member municipality; (2) promoted accountability by requiring that each appointed board member be an elected official with a fiduciary duty to protect public funds and to serve the community they represent; (3) promoted oversight by placing the FMPA under the jurisdiction of the Public Ser- vice Commission with the exception of setting rates and service. Amendel d.• The legislation was significantly amended to require the FIN VA gmcantl y} q SPA to submit to the PSC and all it member municipalities independently prepared financial statements for each individual generating asset on an annual basis. It also requires members of the Board and the Executive Committee be elect- ed officials. Current members may continue to serve until July 2018. Update:!The legislation died in committee. Initially, opponents of the bill refused to negotiate, but when thel bill moved late in the Senate, some productive conversations took place. Indian River Coun- ty will continue to work throughout the summer with representatives of the FMPA to come to an ac- ceptable resolution for the City of Vero Beach and other cities that want to exit the organization. R 4.2 ALLOCATION OF COURT COSTS (HB 573) Background.• Counties are permitted to assess a $65 court fee to be expended as follows: 25% to court innovations; 25% to legal aid; 25% to law libraries; 25% to juvenile programs such as teen court, juvenile assessment centers, other alternative juvenile programs; and remaining balance in fee account must be applied towards innovations. Legislation: This legislation would have increased flexibility in the ways the funds can be spent by removing.the distribution restrictions to allow fee revenue to be allocated towards any local court pro- grams, as I prioritized by circuit judge and county commission. It also would have clarified that the fee may be expended on any "local requirement" as defined in s. 29.008(2)(a)2, F. S., including any prob- lem-solving courts as defined in s. 910.035, F.S. Finally, the legislation would have improved transpar- ency for fee expenditures and results in a more efficient budgeting process for the revenue generated. Update.The House Bill never received a Senate companion and it died in committee. The County will continue to work with the Florida Association of Counties to make court costs a priority. 6 18