Placement: Proclamations and Special presentations
Action Requested: Discussion
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Discuss the 2022 State Legislative Update - Weeks 5-6
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Submitted By: Ella Gilbert, 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 2022 Florida Legislative Session.
Presentation Information: 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, January 11, 2022 and is scheduled to adjourn on March 11, 2022 or at another time agreed upon by the House of Representatives and Senate. City Council approved the State Legislative Program on July 26, 2021. City Manager Blackburn presented the City’s Legislative Program to the St. Lucie County Legislative Delegation on August 19, 2021. Our lobbyist, Gray Robinson provides weekly updates throughout the duration of the Legislative Session.
Issues/Analysis: HB 2389 (Trabulsy)/ Senate LFIR 2263 (Harrell) - Port St. Lucie - St. Lucie River/C-23 Water Quality Restoration Project (Areas 7A Design) in the amount of $416,875 was filed on October 25, 2021 and passed the Agriculture & Natural Resources Appropriations Subcommittee on January 13, 2022. It is now funded $208,438 in House Budget, Line 1665A. HB 2391(Trabulsy) /Senate LFIR 2264 (Harrell) - Port St. Lucie Southern Grove Jobs Corridor Water Main Project in the amount of $1,774,150 was filed on October 25, 2021 and passed the Agriculture & Natural Resources Appropriations Subcommittee on January 13, 2022. It is now funded $500,000 in Senate Budget, Line 1665A. HB 2053 (Overdorf) - City of Port St. Lucie Tradition Regional Park in the amount of $500,000 was filed on September 28, 2021, passed the Agriculture & Natural Resources Appropriations Subcommittee on January 19, 2022, but did not make the budget in the House or Senate. The House and Senate passed their respective budgets during Week 6. Budget conference is expected to begin the end of Week 7 for the purpose of resolving the differences between the Chambers.
On January 24, 2022, City Council amended the State Legislative program to include support of HB 1415 (Alternative Mobility Funding) a growth management bill related to mobility fees. The bill revises criteria for local government implementation of mobility fees and the development of mobility plans. HB 1415, nor its Senate companion bill SB 1824, has been heard in any of its referenced committees. Additionally, City Council opposed HB 1241 (Local Government Solid Waste and Recycling Collection Services). The bill prohibits governments from seeking “liquidated damages, administrative fees, or other similar charges” against a hauler for failure to perform during a local, state, or federal emergency. In addition, the bill would cap these charges at any other time (non-emergency) at 50% of the amount billed to the customer. The proposals would apply to any contract executed or renewed after July 1, 2022. The bill was approved during February 16, 2022 House Civil Justice & Property Rights Subcommittee Meeting to include a provision that restricts local governments from assessing liquidated damages if waste collectors provides the necessary collection service no later than 36 hours after the time when the service should have been provided. HB 1241 is now in the State Affairs Committee, its final committee of reference.
Mayor Martin, Vice Mayor Caraballo and Councilman Bonna participated Florida League of Cities Legislative Action Days during Week 5 to advocate on behalf of the City for its appropriations requests, policy priorities, and several Home Rule Preemption bills. The major home rule issue during Week 5 was SB 974 (Sovereign Immunity). The bill raises the recovery limits for civil liability against government in Florida (or the sovereign immunity cap) from $200,000 per person and $300,000 per incident to $1 million per person and $3 million per incident. Vice Mayor Caraballo testified before the Senate Community Affairs Committee on February 8, 2022, discussing the bill’s potential harmful impact to the City of Port St. Lucie. Other municipal leaders testified in opposition of the bill as well. However, the committee approved the bill on a 6-3 vote. SB 974 has two additional committees of reference (Appropriations and Rules). HB 985 (Sovereign Immunity) is on the February 23, 2022 Judiciary Committee agenda. HB 985 increases the limit per person from $200,000 to $1 million and has no statutory limit on incidents, subjecting government entities to unlimited liability. This is the last committee of reference in the House of Representatives.
Financial Information: N/A
Special Consideration: N/A
Location of Project: Projects are located city-wide.
Attachments:
Memo from Gray Robinson re: 2022 Legislative Session - Weeks 5-6 Summaries (February 7-18)
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 7737
Legal Sufficiency Review:
Reviewed by Ella M. Gilbert, Deputy City Attorney. Approved as to Legal form and sufficiency by James D. Stokes, City Attorney.