Placement: Proclamations and Special presentations
Action Requested: Discussion
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Discuss 2024 State Legislative Update
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Submitted By: Ella Gilbert, Interim Risk Management Director
Strategic Plan Link: The City's Goal of a high-performing city government organization.
Executive Summary (General Business): To provide an update of the 2024 Florida Legislative Session.
Presentation Information: Interim Risk Management Director Ella Gilbert will be present for discussion.
Staff Recommendation: Request that the Council hear the presentation.
Background: The Florida Legislative Session convened on Tuesday, January 9, 2024, and is scheduled to adjourn on March 8, 2024, or at another time agreed upon by the House of Representatives and Senate. City Council approved the State Legislative Program on September 18, 2023. City Manager Merejo presented the City’s Legislative Program to the St. Lucie County Legislative Delegation on October 6, 2023.
Issues/Analysis: The following appropriation requests were filed:
Westport Wastewater Treatment Facility Nutrient Reduction Improvements - $5,000,000 Request
House sponsor: Dana Trabulsy (#2014)
Senate sponsor: Gayle Harrell (#2705)
Prineville Deep Water Injection Well - $5,000,000 Request
House sponsor: Toby Overdorf (#3051)
Senate sponsor: Erin Grall (#2597)
Police Training Facility - $2,000,000 Request
House sponsor: Toby Overdorf (#3048)
Senate sponsor: Erin Grall (#2587)
A-14 Water Control Structure - $525,000 Request
House sponsor: Toby Overdorf (#3047)
Senate sponsor: Gayle Harrell (#2706)
The following policy related bills are being closely monitored by city staff:
HJR 7015 (Homestead Exemption Increase) passed the House Ways & Means Committee (16-8) on January 8. The bill proposes an amendment to State Constitution to increase the maximum amount of the homestead exemption for all levies other than school district levies from maximum amount of $25,000 to maximum amount of $50,000 for homestead properties with assessed value greater than $50,000. Effective Date: July 1, 2024. This bill was proposed by the House Ways & Means Committee and is now assigned to the State Affairs Committee.
HJR 7017 (Annual Adjustment to Homestead Exemption Value) passed the House Ways & Means Committee (16-8) on January 8. The bill proposes an amendment to State Constitution to require an annual adjustment for inflation to the value of current or future homestead exemptions that apply solely to levies other than school district levies & for which every person who has legal or equitable title to real estate and maintains thereon the permanent residence of the owner, or another person legally or naturally dependent upon the owner is eligible. This proposed committee bill will now be assigned a House bill number, bill sponsor, and committee assignments. Effective Date: July 1, 2024. This bill was proposed by the House Ways & Means Committee and is now assigned to the State Affairs Committee.
HB 569/SB 472 (Suits Against the Government/Sovereign Immunity) passed its first committee, the House Civil Justice Subcommittee, on January 11. The bill abolishes common-law doctrine of home venue privilege with respect to action against state; increases statutory limits on liability for tort claims against state & its agencies & subdivisions; authorizes subdivision of state to settle claim in excess of statutory limit without further action by Legislature regardless of insurance coverage limits; prohibits insurance policy from conditioning payment of benefits on enactment of claim bill; specifies limitations in effect on date final judgment is entered apply to that claim; requires DFS to adjust limitations on tort liability every year after specified date; revises period within which certain claims must be present to certain entities; revises exceptions relating to instituting actions on tort claims against state or one of its agencies or subdivisions; revises period after which failure of certain entities to make final disposition of claim shall be deemed final denial of claim; revises statute of limitations for tort claims against state or one of its agencies or subdivisions & exceptions thereto. Effective Date: October 1, 2024. The next stop for HB 569 is the House Appropriations Committee. Their next committee meeting is on Monday, January 22. SB 472 has three committee references and has not yet been heard in a committee.
HB 1221/SB 1184 (Land Use and Development Regulations) Revises mechanisms by which owners of agricultural lands apply for & are granted rezonings; revises requirements for use by local governments in reviewing applications for agricultural enclaves; revises types of data that comprehensive plans & plan amendments must be based on; revises means by which application of methodology used in data collection or whether particular methodology is professionally accepted & evaluated; revises criteria for adopting small scale development amendment; revises content requirements for local land development regulations; revises mechanisms by which applications for infill development must be administratively approved. Effective Date: July 1, 2024. HB 1221 was referred to Local Administration, Federal Affairs & Special Districts Subcommittee; Agriculture, Conservation & Resiliency Subcommittee; and Commerce Committee. SB 1184 was referred to Community Affairs; Judiciary; and Rules Committees.
HB 777/SB 1088 (Municipal Water or Sewer Utility Rates, Fees and Charges) HB 777 passed its first committee, the Energy, Communications & Cybersecurity Subcommittee, on January 10. THE bill removes provision authorizing certain municipalities serving consumers outside their boundaries to add specific surcharges to rates, fees, & charges; removes provision which does not require public hearing for adding specific surcharges; requires certain municipalities to conduct rate studies by specified dates which evaluate future capital needs, whether rates are expected to generate sufficient revenues to cover costs & support investments, & whether costs are equitably distributed. Effective Date: July 1, 2024. HB 777 was referred to Energy, Communications & Cybersecurity Subcommittee; Local Administration, Federal Affairs & Special Districts Subcommittee; and Commerce Committee. SB 1088 was referred to Regulated Industries; Community Affairs; and Rules Committees.
HB 1277/SB 1510 (Municipal Utilities) Authorizes municipality to fund or finance general government functions with portion of revenues from utility operations; establishes limits on utility revenue transfers for municipal utilities; modifying provisions relating to permissible rates, fees, & charges imposed by municipal water & sewer utilities on customers located outside municipal boundaries, Effective Date: July 1, 2025. SB 1277 was referred to Energy, Communications & Cybersecurity Subcommittee; Local Administration, Federal Affairs & Special Districts Subcommittee; and Commerce Committee. SB 1510 was referred to Regulated Industries; Community Affairs; Appropriations Committees.
HB 479/SB 688 (Alternative Mobility Funding Systems) Revises requirements relating to agreements to pay for or construct certain improvements; authorizes local governments to adopt alternative mobility planning & fee system; prohibits alternative system from imposing responsibility for funding existing transportation deficiency on new development; prohibits local governments that do not issue building permits from charging for transportation impacts; prohibits local governments from assessing multiple charges for same transportation impact; revises requirements for calculation of impact fees; requires local governments transitioning to alternative funding systems to provide holders of impact fee credits with full benefit of intensity & density of prepaid credit balances as of specified date. Effective Date: July 1, 2024. HB 479 was referred to Local Administration, Federal Affairs & Special Districts Subcommittee; Ways & Means Committee; and Commerce Committee. SB 688 was referred to Community Affairs; Transportation; Rules Committees. Both bills passed their first committees of reference during the first week of Session. HB 479 will be heard on January 17 at 10:30 a.m. in the House Ways & Means Committee. This is the second committee stop in the House. The next committee stop for SB 688 is the Senate Transportation Committee.
HB 579 (Use of Private Providers for Plans Review and Inspection) Requires private provider firms to qualify as business organizations; authorizes owner or contractor to file complaint with Department of Commerce against local jurisdiction if certain fees are not reduced; requires local jurisdiction to immediately refund fees; authorizes DOC to assess certain fines; prohibits local persons & entities from conducting its own plans review or inspections if private provider is retained; requires local building official to issue permit or provide specified written notice within certain time period. Effective Date: July 1, 2024. HB 579 was referred to Regulatory Reform & Economic Development Subcommittee; Appropriations Committee; and Commerce Committee. HB 579 will be heard on January 17 at 8:00 a.m. in the House Regulatory Reform & Economic Development Subcommittee.
HB 1239/SB 328 (Development/Live Local Act - Affordable Housing) Prohibits counties and municipalities, respectively, from restricting the floor area ratio of certain proposed developments under certain circumstances; authorizes counties and municipalities, respectively, to restrict the height of proposed developments under certain circumstances; requires counties and municipalities, respectively, to consider reducing parking requirements under certain circumstances; revises conditions for when multifamily projects are considered property used for a charitable purpose and are eligible to receive an ad valorem property tax exemption, etc. APPROPRIATION: $100,000,000. Effective Date: Upon becoming a law. SB 328 was referred to Community Affairs and Fiscal Policy Committees. SB 328 will be heard on Thursday, January 18, at 1:30 p.m. in the Senate Fiscal Policy Committee. This is the last committee stop in the Senate. HB 1239 has three committee references and has not yet been heard in a committee.
HB 157/SB 894 (Governing Body Meetings) passed the Senate Community Affairs Committee on January 16. The bill authorizes governing bodies of municipalities to convene meetings & conduct official business via teleconferencing or other technological means if certain conditions are met; provides limitations on such meetings; provides limitations placed on such meetings may be suspended upon state of emergency. Effective Date: July 1, 2024. HB 157 was referred to Local Administration, Federal Affairs & Special Districts Subcommittee; Ethics, Elections & Open Government Subcommittee; and State Affairs Committee. SB 894 was referred to Community Affairs; Governmental Oversight and Accountability; and Rules Committees.
Financial Information: N/A
Special Consideration: Vice Mayor Caraballo, Staff and the Youth Council will advocate on behalf of the city during Florida League of Cities Legislative Action Days, January 29 - 31, 2024.
Location of Project: Projects are located city-wide.
Attachments: 2024 Legislative Session - Week 1 Summary (January 9-12) 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 24012-03
Legal Sufficiency Review:
Reviewed by Richard Berrios, Interim City Attorney. Approved as to Legal form and sufficiency review by Richard Berrios, Interim City Attorney.