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As the 2022 Legislative Session comes to a close, the Florida League of Cities legislative team would like to say a big THANKS to each of you for your efforts during this session! You all went above and beyond in your efforts to protect local decision-making, and as a result, we had a very successful session.
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
Below is a brief summary of some of the key bills impacting cities. A final report and bill summaries on all bills affecting municipalities will be prepared and released in the coming weeks.
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Key Legislative Actions & Bill Summaries |
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Local Ordinances Stalls Out in the House
CS/CS/SB 280 (Hutson) and CS/HB 403 (Giallombardo) would have imposed new requirements on municipalities for adopting ordinances. The League worked to address many concerns with the original bills, and significant changes were made throughout the process, but ultimately the bills failed to make it across the finish line. (O'Hara)
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Tree Protection – FLC Priority – Headed to the Governor (Supported)
This week, CS/SB 518 (Brodeur), relating to tree protection ordinances and a League priority, passed 116-1 on the House floor and is now headed to the Governor. The bill amends current law provisions that prohibit local governments from requiring permits for the removal of "dangerous" trees on residential property. (O'Hara)
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No Butts About It – Smoking in Public Places Passes Both Chambers (Supported)
CS/HB 105 (Fine) passed both chambers and is now headed to the Governor. The bill would allow cities to restrict smoking within the boundaries of any public beach or park they own. The bill prevents cities and counties from restricting unfiltered cigars. Thank you to those who actively engaged on this issue. Please keep an eye out for an email with specifics on how you can help ensure this bill gets signed by the Governor. We appreciate your advocacy efforts! (Taggart)
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Local Business Damages Bill Headed to the Governor
On Wednesday, CS/SB 620 (Hutson) passed on the House floor (69-45) and is now headed to the Governor. The League was successful in amending the bill which addressed many of the concerns with the original language.
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 Fails to Cross the Finish Line
CS/CS/HB 985 (Beltran) and CS/CS/CS/SB 974 (Gruters) would have revised the statutory limits on liability for tort claims against the state and its agencies and subdivisions (which include cities). During the last week of session, substantive differences still remained between the House and Senate versions of the bills. While the bills died this session, we anticipate that this issue will be back in the future. (Cruz)
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PFAS Bill Passes Both Chambers (Supported)
HB 1475 (McClure) passed both chambers and is headed to the Governor. The bill requires the Department of Environmental Protection (DEP) to adopt rules for cleanup target levels for per- and polyfluoroalkyl substances (PFAS) in soil and groundwater and prohibit agency enforcement action relating to PFAS contamination until such rules are adopted and then ratified by the Legislature. (O'Hara)
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Cybersecurity Headed to the Governor (Supported)
CS/HB 7055 (Giallombardo), relating to cybersecurity, passed both chambers and is now awaiting action by the Governor. The bill:
- Requires incident reporting and after-action reports by local governments for severe cyberattacks or ransomware incidents
- Requires cybersecurity training for all city and county employees who have access to the network
- Requires local governments to adopt cybersecurity standards that safeguard data and IT resources
- Prohibits local governments from paying ransom demands.
Linked to the bill above, CS/HB 7057 (Giallombardo) passed both chambers and is awaiting action by the Governor. The bill creates a:
- Public record exemption for information related to a local government’s critical infrastructure, network schematics
- Public record exemption cybersecurity insurance coverage limits and deductible or self-insurance amounts
- Public meeting exemption for any meeting that would reveal information on a local government’s IT resources or data.
Appropriations for Cybersecurity ($67 Million):
- $30 million to the Department of Management Services (DMS) to administer a grant program that provides cybersecurity technical assistance to local governments
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$30 million to the Florida Center for Cybersecurity at the University of South Florida (USF), in consultation with DMS and the Florida Cybersecurity Advisory to provide cybersecurity training for state and local government staff
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$7 million to the Florida Center for Cybersecurity at USF to conduct risk assessments and provide recommendations for risk mitigation. (Taggart)
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Short-Term Rentals Shut Down for Another Year (CS/HB 325 – Opposed; CS/SB 512 – Neutral)
CS/SB 512 (Burgess) and CS/HB 325 (Fischer) failed to make it out of their committees of reference. The bills would have protected existing short-term rental regulations adopted prior to June 1, 2011, but preempted cities from specifically regulating advertising platforms and limited what local governments could include in local short-term rental regulations. (Taggart)
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Transfers of Utility Revenues Died in Committee (Opposed)
HB 621 (Fine) and SB 1162 (Broxson) would have prohibited municipalities from receiving certain state funds (including grants) for local government infrastructure if the local government transferred its utility revenues into their general fund. We anticipate that this issue will be back again next year. (Branch)
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First Responder PTSD Workers' Compensation Bill Passes Both Chambers
This week, CS/HB 689 (Giallombardo) unanimously passed the Senate and is now headed to the Governor. The bill specifies that the time for notice of an injury or death in a compensable post-traumatic stress disorder claim by a first responder must be properly noticed within 52 weeks after the qualifying event or the diagnosis of the disorder, whichever is later. The bill also extends PTSD workers’ compensation benefits to correctional officers. The portion of the bill that impacts local governments will be effective October 1, 2022. (Cruz)
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Financial Disclosures for Elected Local Officials Fizzles Out (Opposed)
CS/CS/SB 510 (Brodeur) and CS/HB 301 (Roach) would have required all municipal elected officials and all City Managers to file an annual full disclosure of financial interests (Form 6) with the Florida Commission on Ethics. CS/SB 510 passed the Senate (30-7) but never made it to the House floor. (Hughes)
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Law Enforcement Recruitment Bill Headed to the Governor (Support)
CS/HB 3 (Leek) passed both chambers and is now headed to the Governor. Of note to municipalities, the bill creates the Florida Law Enforcement Recruitment Bonus Payment Program within the Department of Economic Opportunity. The program is a one-time, up to $5,000, bonus payment to newly employed officers within the state to aid in the recruitment of officers. For the 2022-23 state fiscal year, the Legislature appropriated $20 million for this program. (Hughes)
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Additional Homestead Property Tax Exemption on November 2022 Ballot (Opposed)
CS/CS/HJR 1 (Tomkow) proposes an amendment to the Florida Constitution to authorize the Legislature to create an additional $50,000 homestead exemption to certain public employees. The bill specifies that the homestead property must be owned by a classroom teacher, a law enforcement officer, a correctional officer, a firefighter, an emergency medical technician, a paramedic, a child welfare service provider, an active-duty member of the United States Armed Services or a member of the Florida National Guard.
The implementing bill, CS/CS/HB 1563 (Tomkow), also passed the Legislature and will be effective if HJR 1 is approved by the voters. The bill directs the Legislature to appropriate funds to offset reductions in fiscally constrained counties attributable to the reduction in property tax base caused by the additional homestead exemption. (Hughes)
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Bills Prohibiting Liquidated Damages in Solid Waste & Recycling Contracts Dies in Committee (Opposed)
CS/CS/HB 1241 (Hawkins) and SB 1944 (Baxley) would have addressed local governments’ contractual remedies against a solid waste or recycling vendor if the vendor fails to perform under the contract with the local government. SB 1944 never received a committee hearing. (O'Hara)
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Rental of Homestead Property Bills Die in Committee (Opposed)
SB 1056 (Hutson) and CS/HB 1345 (McFarland) would have revised the criteria for homestead property so that the rental of a portion of the property while the dwelling is physically occupied by the owner would not impact the homestead status of that property. (Hughes)
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Constitutional Amendment: Expanded Homestead Exemption Dies in Committee (Opposed)
SJR 1266 (Brandes) and CS/HJR 923 (Fischer) would have proposed an amendment to the Florida Constitution to periodically increase the $25,000 homestead exemption that applies to non-school property taxes. (Hughes)
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Tax Package Pending Vote on March 14 (Neutral)
CS/HB 7071 (Ways & Means), the tax package for the 2022 Legislative Session, is poised to be approved by the Legislature on Monday, March 14. Of importance to cities, several provisions in the bill are related to property taxes, including increasing the value of property exempt from property taxation for homestead property owners 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 property taxes and non-ad valorem assessments to owners affected by the Surfside condo collapse. The bill includes multiple sales tax holidays and the “Florida Motor Fuel Tax Relief Act of 2022,” which is a one-month holiday reducing certain motor fuel taxes. (Hughes)
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Campaign Financing Bill Passes Both Chambers
CS/CS/HB 921 (Drake) revises current law relating to political contributions and expenditures. The bill prohibits local governments from expending public funds for a political advertisement or any other communication sent to electors about an issue that is subject to a vote of the electors, including communication containing only factual information about the issue.
The bill further specifies that a local government is not precluded from: reporting on official actions of the governing body in an accurate and impartial manner; posting factual information on a government website or in printed materials; hosting and providing information at a public forum; providing factual information in response to an inquiry; or providing information as otherwise authorized or required by law. The bill has passed both chambers and is awaiting action by the Governor. (O'Hara)
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Budget Items of Importance To Cities |
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Record Budget Expected to Pass
The Legislature is poised to approve the General Appropriations Act, HB 5001, on Monday once the 72-hour cooling off period ends. HB 5001 appropriates nearly $112.1 billion for state fiscal year 2022-23, which is the largest budget ever for the state of Florida. The budget represents approximately $43.7 billion from general revenue and $68.4 billion from trust funds.
Affordable Housing
- State Housing Initiatives Partnership (SHIP) program: $209.5 million
- State Apartment Incentive Loan (SAIL) program: $53.3 million
- Florida Hometown Hero Housing Program: $100 million
Broadband Funding
Broadband Opportunity Program: $400 million
Cybersecurity Funding
- State Cybersecurity Risk Assessment: $7 million
- State and Local Government Employee Cybersecurity Training: $30 million
- Local Government Cybersecurity Technical Assistance Grants: $30 million
Economic Development Funding
- Florida Job Growth Grant Funding: $50 million
- Visit Florida: $50 million
- Enterprise Florida: $12 million
Environmental Funding
- Florida Forever Programs and Land Acquisition: $168.7 million
- Flood and Sea Level Rise Program: $470.9 million
- Beach Management Funding Assistance: $50 million
- Springs Restoration: $75 million
- Local Water Projects: $368.4 million
- Drinking Water Revolving Loan Trust Fund: $202.6 million
- Wastewater Revolving Loan Program: $264.8 million
- Wastewater Grant Program: $125 million
- Local Parks: $58.2 million
Law Enforcement Funding
Law Enforcement Recruitment Bonus Program: $20 million
Transportation Funding
- Small County Resurface Assistance Program (SCRAP): $27.6 million
- Small County Outreach Program: $85.1 million
- Five-year Work Program: $11 billion
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Stay Informed. Stay Engaged. |
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