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 2042A
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)
Councilman Bonna and Deputy City Attorney Frank Moehrle advocated the Florida Legislature on behalf of the City during the week of March 13 as members of the Treasure Coast League of Cities Advocacy Team. Vice Mayor Caraballo, Councilwoman Morgan, Councilman Bonna, Senior Deputy City Attorney Ella Gilbert and Deputy City Attorney Frank Moehrle participated in the Florida League of Cities Legislative Action Days April 3-5, 2023.
The following policy related bills were key legislative issues:
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 975 and SB 798 forces all local governments into an open market system, prevents cities from self-providing solid waste management services unless a city is the exclusive provider for all types of properties for all types of solid waste services, prohibits exclusive franchises and drastically caps franchise fees. HB 975 was referred to three (3) committees in the House (Local Administration, Federal Affairs & Special Districts Subcommittee; Civil Justice Subcommittee; State Affairs Committee). The bill was unanimously approved with a Committee Substitute in its first committee on March 20, 2023 - and is now in the Civil Justice Committee. SB 798 was referred to three (3) committees in the Senate (Environment and Natural Resources; Community Affairs; and Rules). The bill has not been heard in any Senate committee.
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 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). HB 401 proposed sovereign immunity limits of $2.5 million per person/$5 million per incident cap. The bill was referred to three (3) committees in the House (Civil Justice Subcommittee; Appropriations Committee; Judiciary Committee). The bill was temporarily postponed in its second committee on March 15, 2023 - House Appropriations Committee. SB 604 proposed sovereign immunity limits of $400,000 per person/$600,000 per incident cap. The bill was referred to three (3) committees in the Senate (Judiciary; Governmental Oversight and Accountability; and Appropriations). The bill has not been heard in any Senate committee.
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 671 and SB 682 drastically change the process that local governments have to go through before a building permit is approved, including significantly reducing the timeframes for approval of permits. HB 671 was referred to three (3) committees in the House (Regulatory Reform & Economic Development Subcommittee; State Administration & Technology Appropriations Subcommittee; and Commerce Committee). The bill was approved with a Committee Substitute in its first committee on March 28, 2023 - and is now in the State Administration & Technology Appropriations Subcommittee. SB 682 was referred to three (3) committees in the Senate (Community Affairs; Regulated Industries; and Rules). The bill has not been heard in any Senate 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 4 Summary (March 27-31) 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 9964
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.