Placement: Proclamations and Special presentations
Action Requested: Discussion
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Discuss the 2023 State Legislative Update
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Submitted By: Ella Gilbert, Senior Deputy City Attorney, City Attorney’s Office
Strategic Plan Link: The City's Goal of a high-performing city government organization.
Executive Summary (General Business): To provide an update of the 2023 Florida Legislative Session.
Presentation Information: Senior Deputy City Attorney Ella Gilbert will be present for discussion.
Staff Recommendation: Request that the Council hear the presentation.
Background: The Florida Legislative Session convened on Tuesday, March 7, 2023, and is scheduled to adjourn on May 5, 2023, or at another time agreed upon by the House of Representatives and Senate. City Council approved the State Legislative Program on December 5, 2022. Former City Manager Blackburn presented the City’s Legislative Program to the St. Lucie County Legislative Delegation on January 13, 2023.
Issues/Analysis: The following appropriation requests were filed:
C-23/McCarty Ranch - $3,121,000 request
House sponsor: Toby Overdorf (#1662)
Senate sponsor: Gayle Harrell (#1894) - $500,000 - Line 1705A
Tom Mackie Blvd - Phase 4 - $3,000,000 request
House sponsor: Dana Trabulsy (#1960) - $2,000,000 - Line 2042A
Senate sponsor: Gayle Harrell (#2600). - $1,500,000 - Line 2042
Public Works Administrative Complex/EOC - $1,000,000 request
House sponsor: Toby Overdorf (#1908) - $750,000 - Line 2341A
Senate sponsor: N/A
Police Training Facility - $1,000,000 request - Not funded in budget.
House sponsor: Dana Trabulsy (#452)
Senate sponsor: Erin Grall (#2134)
The Florida House and Senate are now allocating how much of the available money will go toward each section of the budget for the coming year and work in conference committees to finalize an agreement. Issues that can't be agreed on by the Joint Budget Conference Committees are "bumped" to each chamber's Appropriations Committee chairs who try to resolve the differences. In some cases, the differences may be decided by the House speaker and the Senate president. The result is called the Conference Committee Report, which is open for 72 hours before each chamber adopts and votes on the final version of the budget. The budget conference will begin the week of April 24.
The following policy related bills were key legislative issues:
SB 696 (Local Officers: Prohibits the governing body of a county, municipality and district school board from renewing or extending the employment contract of a county administrator/county attorney/chief executive officer/municipal general counsel/superintendent/school board general counsel during a specified timeframe. Effective Date: 7/1/2023). SB 696 prohibits the governing body of a municipality (county or school board) from renewing or extending the employment contract of a chief executive officer or municipal general counsel within the 8 months before a general election for the municipal mayor or for members of the governing body of the municipality. However, the bill provides an exception when the employee produces a competing employment offer from another governmental entity as defined in F.S. 287.012(14).
The bill is on the agenda of its final committee of reference (Senate Rules Committee) on 04/19/23, 8:30 am.
HB 439/SB 1604 (Land Use and Development Regulations: Revises the planning periods that must be included in a comprehensive plan; requires local governments to determine if plan amendments are necessary to reflect a certain minimum planning period; requires, rather than encourages, a local government to comprehensively evaluate and update its comprehensive plan to reflect changes in local conditions; requires the state land planning agency to provide population projections if a local government fails to update its comprehensive plan, etc. Effective Date: 7/1/2023). HB 439 passed its final committee of reference (House Commerce Committee) on 04/10/23. SB 1604 was referred to Senate Community Affairs; Judiciary (committee reference removed on 4/7/2023); and Rules Committees. The Committee Substitute of SB 1604 is on the agenda of its final committee of reference (Senate Rules Committee) on 04/19/23, 8:30 am.
HB 1331 (Municipal Utilities: Authorizes municipality to impose & collect surcharge on utility customers; requires such surcharges be based on percentage of utility customers located outside municipal boundaries; revises definition of term "public utility" to include municipality supplying electricity or gas to any retail customer receiving service at physical address located outside its corporate boundaries; authorizes municipality to transfer portion of its public utility & water or wastewater utilities earnings to its general fund; requires such percentages be established or reestablished by local referendum; subjecting water & wastewater utilities owned, operated, managed, controlled, or provided by municipalities to regulation by commission. Effective Date: July 1, 2023). HB 1331 substantially impacts municipal water and electric utility extraterritorial surcharges and service, and transfers of enterprise funds to general revenue. The bill was referred to three (3) committees in the House (Energy, Communications & Cybersecurity Subcommittee; Appropriations Committee (subsequently removed); and Commerce Committee). The bill was approved with a Committee Substitute in its first committee on March 21, 2023 - and is now in the Commerce Committee.
HB 469/HB 471/SB 120/SJR 122 (Homestead Assessments; Revising the limitation on annual increases of homestead property tax assessments, etc. from 3% to 2%. Effective Date: On the effective date of the amendment to the State Constitution proposed by SJR 122 or a similar joint resolution having substantially the same specific intent and purpose, if such amendment to the State Constitution is approved at the next general election or at an earlier special election specifically authorized by law for that purpose). HB 469 and HB 471 were referred to three (3) committees in the House (Ways & Means Committee; Local Administration, Federal Affairs & Special Districts Subcommittee; and State Affairs Committee). The bills were approved in its first committee on March 20, 2023 - and are now in the Local Administration, Federal Affairs & Special Districts Subcommittee. SB 120 and SJR 122 were referred to three (3) committees in the Senate (Community Affairs; Finance and Tax; and Appropriations). The bills were approved with a Committee Substitute in its first committee on February 15, 2023 - and are now in the Finance and Tax Committee.
Financial Information: N/A
Special Consideration: N/A
Location of Project: Projects are located city-wide.
Attachments: 2023 Legislative Session - Week 6 Summary (April 10-14) from Lobbyist GrayRobinson
NOTE: All of the listed items in the “Attachment” section above are in the custody of the City Clerk. Any item(s) not provided in City Council packets are available upon request from the City Clerk.
Internal Reference Number: Legal Intake 10019
Legal Sufficiency Review:
Reviewed by Ella M. Gilbert, Senior Deputy City Attorney. Approved as to Legal form and sufficiency by James D. Stokes, City Attorney.