Week Six
April 9, 2021
The League will continue the regular weekly Monday Morning Call-Ins at 9:00 a.m. ET through April 26. The call-in number is 888.585.9008, and the conference room number is 301-563-714#. The next call is Monday, April 12.
 
The Florida League of Cities’ Legislative Policy Committee sign up for 2021-2022 is now underway. The FLC Legislative Policy Committees set the legislative agenda for the League and Florida’s 411 municipalities.
 
If you would like to serve on a policy committee, be sure to sign up by May 7 (members can serve on only one committee at a time). If you served on a policy committee this past year, you still need to sign up again for our 2021-2022 committees. 

Join the FLC Advocacy Team for a post-session update on the League's priority issues on May 6 at 2:00 p.m. ET. Registration is now open for our 2021 Post-Legislative Session Webinar. Click here to register online.
 
The following is a brief synopsis of the key legislative actions and bill summaries for this week. Thanks for all you do!
WHAT HAPPENED THIS WEEK
Sales and Use Tax Headed to the Governor (Support)
This week, CS/CS/SB 50 (Gruters) passed in both chambers and is now headed to the governor. The bill requires out-of-state retailers and marketplace providers with no physical presence in Florida to collect sales tax on taxable items delivered to purchasers in Florida if the out-of-state retailer makes a substantial number of sales in Florida. (Hughes)
Vacation Rentals Up Next Week (Neutral)
Next week, CS/CS/SB 522 (Diaz) is expected to be heard in Senate Rules Committee on Wednesday, April 14, 2021 at 9:00 a.m. ET. The current version of the bill protects existing vacation rental regulations but preempts cities from specifically regulating advertising platforms. This committee stop is the final one for the bill. (Taggart)
Home-Based Businesses Up Next Week (Oppose CS/HB 403, Neutral on CS/SB 266)
Next week, CS/SB 266 (Perry) is expected to be heard in the Senate Rules Committee on Wednesday, April 14, 2021 at 9:00 a.m. ET. CS/SB 266 has been amended to provide that a home-based business may not create noise, vibration, heat, smoke, dust, glare, fumes, odors or electrical or electronic interference detectable by neighbors. CS/SB 266 would also allow local regulation of a home-based business for things such as parking, hours of operation, signage, exterior structures and the use of hazardous materials. CS/HB 403 (Giallombardo) is awaiting a final vote on the House floor. CS/HB 403 completely preempts local governments regulating a home-based business in a manner that is different from other businesses in a local government’s jurisdiction. FLC is opposed to CS/HB 403. (Cruz)
Combatting Public Disorder Up This Friday and Saturday (Oppose)
CS/HB 1 (Byrd) will be heard in the Senate Appropriations Committee this Friday at 8:30 a.m. and Saturday at 9:00 a.m. ET. Of concern to cities, the bill includes provisions that make it difficult to reduce municipal law enforcement funding by allowing a state attorney or a member of the local governing body to appeal a reduction in the law enforcement operating budget to the Administration Commission. The bill also creates civil liability for damages caused during a riot, if the government is deemed to have breached the duty to respond appropriately. The bill waives sovereign immunity for any governing body found liable, which means cities would not be protected by statutory caps that normally limit the amount someone can recover when suing a government entity. (Hughes)
Statewide Flooding and Sea-Level Rise Bill Passes Legislature (Support)
CS/CS/SB 1954 (Rodrigues) and CS/HB 7019 (Agriculture, Environment and Natural Resources Appropriations Subcommittee) establish a $100 million grant program to help local governments with the costs of assessments, planning and projects to address flooding and sea-level rise. The grants require a 50% match, but the cost-share can be waived for fiscally constrained municipalities. CS/CS/SB 1954 passed the full Senate and House unanimously this week. The grant program will be funded through the Resilient Florida Trust Fund established in a companion bill, SB 2514 (Appropriations Committee), which also passed unanimously. The new trust fund will be funded by a redistribution of documentary stamp tax revenues, as provided in SB 2512 (Appropriations Committee). SB 2512 as originally filed would have taken money from doc stamp tax revenues allocated for affordable housing trust funds and redistributed some of this money to resiliency projects and wastewater projects. The legislature ultimately softened the blow to affordable housing just prior to final passage, but it was not enough to garner support from affordable housing advocates. The League took no position on this bill. The bill passed the Senate 25-14 and passed the House 78-38. (O’Hara) 
Wastewater Discharge Bill Heads to House Floor (Oppose)
CS/HB 263 (Maggard) requires certain wastewater utilities to implement plans for eliminating surface water discharges within a short time frame. Unlike the Senate companion, CS/SB 64 (Albritton), the House bill does not accommodate adverse impacts to local utility customers or technical or environmental feasibility. The League opposes CS/HB 263 without these accommodations. CS/HB 263 passed the State Affairs Committee on Tuesday, 22-0. Both bills are expected to be heard on the House floor on Tuesday, April 13. (O’Hara)
Bills Authorizing Attorney General Interference in Local Government Lawsuits Advance (Oppose)
CS/SB 102 (Burgess) and CS/HB 1053 (Overdorf) authorize the attorney general to declare any pending or future civil action filed by local governments a “matter of great governmental importance” and essentially take control over the disposition of these actions, potentially mooting the local government claims. CS/SB 102 was amended to require the attorney general to request the Legislature to declare by joint resolution whether a matter affecting governmental entities in 15 or more counties is a “matter of great governmental concern.” CS/HB 1053 passed the House Civil Justice and Property Rights Subcommittee on Tuesday, 11-7. Both the House and Senate bills have two more committee stops remaining. (O’Hara) 
Emergency Powers of Political Subdivisions Temporarily Postponed (Oppose)
CS/SB 1924 (Diaz) was temporarily postponed by the Senate Rules Committee on Wednesday, and the main parts of this bill were amended onto CS/CS/SB 2006 (Burgess). CS/CS/SB 2006 establishes that in order for a political subdivision to issue an emergency order that deprives any person of a constitutional right, fundamental liberty or statutory right, the political subdivision must prove that the emergency order passes what is known as the strict scrutiny test. This test means the local government must prove that the exercise of police power is narrowly tailored, serves a compelling governmental interest and accomplishes the intended goal through the use of the least intrusive means. The bill is now ready for Senate floor action. (Dudley)
Home Rule in the Headlines
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