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 convenes 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: Port St. Lucie - St. Lucie River/C-23 Water Quality Restoration Project (Areas 7A Construction) - $3,121,000; Port St. Lucie Southern Grove Jobs Corridor Project: Fourth Phase of Tom Mackie Boulevard - $3,000,000; Public Works Administrative Complex/Emergency Operations Center - $1,000,000 and Police Training Facility - $1,000,000.
The following policy related bills are being closely monitored by city staff:
HB 671/SB 682 (Residential Building Permits: Removes provisions relating to acquiring building permits for certain residential dwellings; requires local jurisdiction to reduce permit fees; revises timeframes for approving or denying building permits; specifies when permit application is deemed complete & sufficient; requires opportunity for in-person or virtual meeting before second request for additional information may be made; reduces permit fees if certain timeframes are not met; specifies that permit requirements apply to single-family residential units & single-family residential dwellings; requires that local governments follow prescribed timeframes unless local ordinance is more stringent. Effective Date: July 1, 2023).
HB 975/SB 798 (Solid Waste Management: Prohibits municipalities & counties from prohibiting or unreasonably restraining private entities from providing recycling or solid waste management services to certain properties; authorizes municipalities & counties to require such private entities to obtain permits, licenses, or nonexclusive franchise equivalents that meet certain requirements; requires municipalities & counties to apply certain fees to all permit, license, & nonexclusive franchise equivalent holders; provides requirements for contracts or franchises in place as of specified date. Effective Date: July 1, 2023).
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).
SB 1240 (Land and Water Management; Prohibiting counties and municipalities from adopting laws, regulations, rules, or policies relating to water quality or quantity, pollution control, pollutant discharge prevention or removal, and wetlands; preempting such regulation to the state; repealing a provision relating to land management review teams, etc. Effective Date: 7/1/2023).
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 1153/SB 1432 (Communications Services Tax: Decreases tax rate on retail sale of communication services; revises name of the discretionary communications services tax; requires certain tax remain the same rate; prohibits certain tax from being added to the local communications service tax. Effective Date: upon becoming a law).
SB 102 (Housing; Citing this act as the "Live Local Act"; deleting the authority of local governments to adopt or maintain laws, ordinances, rules, or other measures that would have the effect of imposing controls on rents; providing an exemption from ad valorem taxation for land that meets certain criteria; authorizing local governments to adopt ordinances to provide an ad valorem tax exemption for portions of property used to provide affordable housing meeting certain requirements; suspending, for a specified period, the General Revenue Fund service charge on documentary stamp tax collections; authorizing the Governor, under the Florida Job Growth Grant Fund, to approve state or local public infrastructure projects to facilitate the development or construction of affordable housing, etc. APPROPRIATION: $711,000,000 Effective Date: Except as otherwise expressly provided in this act and except for this section, which shall take effect upon becoming a law, this act shall take effect July 1, 2023).
HB 401/SB 604 (Sovereign Immunity: Revises statutory limits on liability for tort claims against state & its agencies & subdivisions; revises requirements for government entity to settle claim or judgment; revises timeframe within which appropriate agency must make final disposition of claim after it is filed to prevent claim from being deemed denied; revises exceptions relating to instituting actions on claims against state or one of its agencies or subdivisions & to statute of limitations for such claims. Effective Date: October 1, 2024).
Financial Information: N/A
Special Consideration: N/A
Location of Project: Projects are located city-wide.
Attachments: N/A
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 9801
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.