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Week Seven
February 25, 2022
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Join us on March 23 at 2:00 p.m. ET for our annual
Post-Legislative Session webinar to learn what major legislation with municipal impact passed and failed during the 2022 Legislative Session. Register Now
We are still hosting the weekly Monday morning conference calls to share the latest information on priority issues and all things advocacy-related during legislative session. We hope you will join us! Learn More
The following is a brief synopsis of the key legislative actions and bill summaries for this week. Thanks for all you do!
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Key Legislative Actions & Bill Summaries |
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Local Business Damages Ready for the House Floor
On Wednesday, CS/CS/HB 569 (McClure) passed the House Judiciary Committee on a vote of 13-7. The bill authorizes businesses to sue municipalities for business damages caused by municipal ordinances or charter provisions. The bill would allow a business engaged in a lawful business within a municipality for at least three years preceding enactment of the ordinance or charter provision to claim business damages from the municipality if the ordinance or charter provision causes a reduction of at least 15% of the business' profit as applied on a per-location basis within the jurisdiction. There are three ways for a municipality to cure the business' claim and avoid paying damages: repeal the ordinance or charter provision; amend the ordinance or charter provision; or grant a waiver to the business from enforcement of the ordinance or charter provision. The bill also provides multiple exemptions from business damages claims for various ordinances and charter provisions. In addition, the bill authorizes courts to award attorney fees and costs to either prevailing party in an action for business damages. The bill is effective upon becoming law and applies to ordinances and charter provisions enacted or amended after that date. (O'Hara)
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Sovereign Immunity Substantially Amended in the Senate
On Wednesday, CS/CS/CS/SB 974 (Gruters) was amended and passed on a vote of 16-1 in the Senate Rules Committee. The bill changes the current statutory limits for claims from $200,000 per person and $300,000 per incident to a tier system based on a population threshold. A city or county whose population is 50,000 or less maintains the current limits of $200,000 per person and $300,000 per occurrence. For a city or county whose population is between 50,001-250,000, the limits increase to $300,000 per person and $400,000 per occurrence. Lastly, for a city or county whose population is greater than 250,001, the limits would be increased to $400,000 per person and $600,000 per occurrence.
The House companion, CS/HB 985 (Beltran), still contains the language that would increase limits for claims to $1 million per person and no per-incident cap. The House bill will retroactively apply these new limits to any pending claims that have not been settled by the effective date of the bill (July 1, 2022). The bill was not considered by the House Judiciary Committee on Wednesday. (Cruz)
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No Butts About It – Smoking in Public Places Passes the House (Support)
CS/HB 105 (Fine)and CS/CS/SB 224 (Gruters) would allow cities to restrict smoking within the boundaries of any public beach or park they own. The bills prevent cities and counties from restricting unfiltered cigars. CS/HB 105 passed the House (105-10) and is awaiting action by the Senate. (Taggart)
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Tree Protection – FLC Priority Ready for the Floor (Support)
This week, HB 1555 (McClain) and CS/SB 518 (Brodeur), relating to tree protection ordinances and a League priority, passed unanimously in their respective committees. The bills would amend current law provisions that prohibit local governments from requiring permits for the removal of "dangerous" trees on residential property. Both bills are now ready for floor action. CS/SB 518 is scheduled to be heard on the Senate floor on Tuesday, March 1. (Branch) (O'Hara)
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House Tax Package (Neutral)
On Tuesday, CS/HB 7071 (Payne), the House tax package for the 2022 Legislative Session passed unanimously through the House Appropriations Committee. Of importance to cities, several provisions in the bill are related to property taxes, including increasing the value of property exempt from ad valorem taxation for residents who are widows, widowers, blind, or totally and permanently disabled from $500 to $5,000. The bill also provides property tax abatement for residential property rendered uninhabitable for 30 days or more due to a catastrophic event and provides relief from all assessments to owners affected by the Surfside condo collapse. (Hughes)
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Cybersecurity Continues to Move (Support)
On Wednesday, CS/HB 7055 (Giallombardo), relating to cybersecurity, passed the House State Affairs Committee on a vote of 23-0. The bill requires local governments to adopt cybersecurity standards and participate in annual trainings, outlines reporting requirements for cyber and ransomware incidents and prohibits local governments from paying ransom demands. The Senate companion, CS/SB 1670 (Hutson), will be heard in the Senate Appropriations Committee on Monday, February 28.
Linked to the bill above, CS/HB 7057 (Giallombardo) creates a public record exemption for information related to a local government’s critical infrastructure and network schematics. The bill also creates a public meeting exemption for any meeting that would reveal information on a local government’s IT resources or data. The bill was amended this week to expand the public records exemption for cybersecurity insurance coverage limits and deductible self-insurance amounts. CS/SB 1694 (Hutson) will be heard in the Senate Appropriations Committee on Monday, February 28. (Taggart)
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Stay Informed. Stay Engaged. |
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