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The Last Committee Week of the Year Concludes with a Busy Agenda, Session Set to Begin on January 11, 2022
After the Thanksgiving holiday, legislators were welcomed to Tallahassee with a jam-packed and chilly committee week as the year comes to an end. Session will begin on January 11,2022 and conclude on March 11, 2022. FAC wishes everyone a safe and happy holiday season with your loved ones. We look forward to seeing everyone in Tallahassee in the new year!
As a reminder, FAC’s 2022 Legislative Day & Innovation Day on January 19 and 20. This is a perfect opportunity to meet with legislators to discuss the importance of preserving and strengthening home rule within your county! Registration is open now.
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Looking Forward into 2022
Throughout Session, FAC will continue to release the Legislative Bulletin and our podcast, FAC-ish, will be returning every Friday for a quick rundown on what's going on in Tallahassee each week. Occasionally, Action Alerts will be sent out on key legislation for counties to engage in with legislators and staff.
Additionally, stay tuned for the release of the Bill Tracker and an updated Preemption Tracker at our Policy Action Center in January 2022.
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Bill Allowing Business Claims Against Local Governments Passes First Senate Committee
SB 620- Local Government by Sen. Hutson was heard on Tuesday in its first committee, Senate Judiciary. The bill authorizes certain businesses to claim business damages from a county or municipality if the county or municipality enacts or amends certain ordinances or charter provisions. A business conducting business in the state for at least 3 years may claim business damages if a county or municipality enacts or amends an ordinance or a charter provision that causes a reduction of at least 15% of the business’ revenue or profit, with exceptions. The bill is intended to protect existing businesses from revenues or profits losses due to enacted local ordinances and charter provisions or amendments.
A local government is not liable for business damages caused by:
- ordinances required to comply with state or federal law;
- emergency ordinances, declarations, or orders adopted pursuant to the state Emergency Management Act;
- a temporary emergency ordinance which remains in effect for no more than 90 days; or
- ordinances that “increase economic freedom”, which is not defined in the bill.
SB 620 specifies procedures and methodologies for a business to recover business damages, attorney fees, and costs against a local government. Specifically, businesses must comply with a required 180-day presuit notice and settlement period. A local government must accept, reject, or make a counteroffer within 120 days of receiving the offer. If the business and local government do not agree on an award of fees and costs incurred during the pre-suit period, the business may file an action to recover fees and costs.
Additionally, the bill specifies the methodology for assessing attorney fees against the local government. Specifically, it provides for attorney fees of 33% of any benefit up to $250,000, plus 25% of any portion of the benefit between $250,000 and $1 million; plus 20% of any portion of the benefit exceeding $1 million for those instances where the local government does not accept the first offer of the business or the business does not accept the first counter offer of the local government. The bill applies to enactment or amendment of an ordinance or charter provision on or after July 1, 2022.
There are concerns with the broad and undefined language and the short measurement period of six months (180 days) within the bill. The six-month period does not allow for a sufficient period to correlate or prove a disputed ordinance with a decline in business revenues or profits. Furthermore, there are concerns over the measurement of business damages, whether it’s based on revenues or profits.
Both FAC President Ralph Thomas and FAC President-Elect Lee Constantine were on the ground in Tallahassee and spoke in opposition to the bill. President Thomas discussed the potential unintended consequences of the bill that would force the local communities to handle disputes. He addressed the disservice of allowing the courts to render a decision on an ordinance when ultimately a local ordinance goes through public hearings and receives community input before being passed. President- Elect Constantine, a former chair of Senate Judiciary, gave examples of local ordinances that could come into question, including noise ordinances, solid waste ordinances, and voter-initiative ordinances and referendums. He stressed to the Committee the harmful impact on Florida’s taxpayers if the bill were to be passed.
The bill passed favorably (7-4) and moved to its second committee stop, Senate Rules. The companion legislation, HB 569- Business Damages Caused by Local Governments by Rep. McClure, has been assigned to committees but not yet heard.
The Committee recording may be accessed below:
11/30/21 Senate Judiciary: Video
FAC President Ralph Thomas & FAC President-Elect Lee Constantine testifying in Senate Judiciary on Tuesday morning.
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Legislation Allowing Challenges to Local Government Ordinances & Requiring Business Impact Statements Moves Through First House Committee
HB 403- Local Ordinances by Rep. Giallombardo was heard on Wednesday in the House Local Administration & Veterans Affairs Subcommittee. The bill authorizes challenges to local ordinances on grounds they are impliedly preempted by state law, conflict with state law, or are arbitrary or unreasonable, and allows the courts to award attorney fees and costs to the prevailing complainant. Similar to challenges under current law that are brought against local ordinances on express preemption grounds, the bill also allows a complainant to recover damages against the local government that enacted the local ordinance.
HB 403 requires a board of county commissioners to prepare a business impact statement before the adoption of each proposed ordinance. This business impact statement must be posted on the county’s website on the same day the notice of proposed enactment is published and must include: a statement of the public purpose to be served by the proposed enactment, a statement of the reasonable connection between the public purpose and effects of the ordinance, the estimated economic effect of the ordinance on businesses within and outside the county, a good faith estimate of the number of businesses likely to be affected by said ordinance, an analysis of the extent the ordinance is likely to deter or encourage the formation of new businesses, an analysis of the extent the ordinance will impede the ability of businesses to compete with other businesses, the scientific basis of the proposed ordinance (if applicable), alternatives that would reduce the impact of the proposed ordinance on businesses, and finally, any additional information the board determines necessary.
Additionally, a county must suspend enforcement of an ordinance that is subject of action if the legal action is filed no later than 20 days after the effective date of the ordinance, the plaintiff or the petitioner requests suspension pursuant to the statute in the initial complaint or petition, and the county has been served with a copy of the complaint or petition.
The sponsor, Rep. Giallombardo, emphasized his intentions to work with the cities and counties to amend the bill. The bill passed favorably (11-4) and will head to its next committee, House Civil Justice & Property Rights Subcommittee. The Senate companion, SB 280-Local Ordinances by Sen. Hutson, has been assigned to committees but has not yet been heard.
The Committee recording may be accessed below:
12/01/21 House Local Administration & Veterans Affairs Subcommittee: Video
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Legislative Redistricting: Draft Maps Continue to be Reviewed by Committees
On Monday, the Senate Select Subcommittee on Congressional Reapportionment and Senate Select Subcommittee on Legislative Reapportionment again presented drafts of the Redistricting Plans of Congressional maps and State Senate maps created by Committee staff.
In the Senate Select Subcommittee on Congressional Reapportionment, Committee staff discussed the changes and corrections made to four of the plans:
To view the committee review and data of each map see below:
Senate Select Subcommittee on Congressional Reapportionment: Meeting Packet, Video
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S000C8002 has become S000C8018 (26 districts changed) | |
S000C8004 has become S000C8020 (25 districts changed) | |
S000C8006 has become S000C8022 (26 districts changed) | |
S000C8008 has become S000C8024 (25 districts changed) | |
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In the Senate Select Subcommittee on Legislative Reapportionment, Committee staff discussed the changes and corrections made to four of the plans:
To view the committee review and data of each map see below:
Senate Select Subcommittee on Legislative Reapportionment: Meeting Packet, Video
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S000S8010 has become S000S8026 (37 districts changed) | |
S000S8012 has become S000S8028 (36 districts changed) | |
S000S8014 has become S000S8030 (37 districts changed) | |
S000S8016 has become S000S8034 (36 districts changed) | |
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The House Congressional Redistricting Subcommittee and House State Legislative Redistricting Subcommittee also met and presented the drafts of the Redistricting Plans of Congressional maps and the State House maps created by Committee staff.
On Thursday, The House Congressional Redistricting Subcommittee reviewed two maps:
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Both Option A and B keep 47 counties whole and split 20 counties. In Option A and B, districts 1,2, 3, and 4 are drawn the same. The rest of the districts are drawn differently in Option A and B.
To view the committee review and data of each map see below (Option A and Option B):
House Congressional Redistricting Subcommittee: Meeting Packet, Video
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On Friday, the House State Legislative Redistricting Subcommittee reviewed two maps: | |
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In Option A, 37 counties are kept whole and 30 counties are split. In Option B, 35 counties are kept whole and 32 counties are split. In Option A and B, districts 5,6, 52, 53, 54, 55, 56, 83 are drawn the same.
To view the committee review and data of each map see below (Option A and Option B):
House State Legislative Redistricting Subcommittee: Meeting Packet, Video
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Senate Committee Gives Affordable Housing Presentations
The Senate Community Affairs Committee heard a number of presentations Wednesday morning. There were five presentations made:
Trey Price, the Executive Director of the Florida Housing Finance Corporation gave a presentation on the corporation and its role in overseeing the distribution and plans for expenditure of State Housing Initiative Partnership (SHIP) funds as well as its role in implementing the State Apartment Incentive Loan (SAIL) Program.
Bill O’Dell, Director of the Shimberg Center, presented on trends in the affordable housing markets. He specifically discussed the recent trends for renters compared to home ownership, median home prices, as well as trends in rental rates and the number of renters considered cost burdened based on their income.
Jorge Perez of the Metropolitan Center at Florida International University also presented on trends in the affordable housing market with discussion of the wage rate for Florida’s top occupations. He also presented data demonstrating that affordable homes and rental units have diminished in Palm Beach and Miami-Dade Counties while those homes and rental units at higher prices have increased over the same period.
Mark Hendrikson, Executive Director of the Florida Association of Local Housing Finance Authorities, presented on the work of local housing finance authorities in assisting both the provision of affordable apartment housing through gap financing and other methods and homeownership through such programs as down payment assistance.
Kenneth Naylor, Vice Chair of the Coalition of Affordable Housing Providers, discussed challenges faced by the providers of affordable housing in this period of rapid rental rate appreciation.
The presentations may be accessed below:
Senate Community Affairs: Meeting Packet, Video
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Public Transportation Project Funding Bill Passes Committee
On Thursday, the Senate Transportation Committee favorably considered CS/SB 398 – Transportation Projects, by Sen. Hooper. As filed, the bill caps the maximum funds that can be annually committed by the Florida Department of Transportation for certain public transportation projects (seaport, airport, transit, and regional transportation projects) under state law. Currently, FDOT must annually commit at least 15% of the revenues deposited into the state transportation trust fund (STTF) to public transportation projects. The bill caps that annual commitment at a maximum of 25%. In addition, the bill also authorized FDOT to use STTF revenues to pay for work zone speed enforcement through an agreement with the Florida Highway Patrol. The bill also would have amended state law to remove a temporary public records exemption relating to documents that reveal the identity of persons who request or obtain bid packages, plans, or specifications concerning any project that will be let by FDOT.
The Committee adopted a strike-all amendment that made the following changes:
- Clarifies that unless the Legislature provides otherwise in the General Appropriations Act, FDOT must annually commit a minimum of 15%, up to a maximum 25%, of STTF revenues for public transportation projects, excluding state revenues used for matching federal grants;
- Includes progressive design-build contracting as an authorized innovative technique of highway and bridge design and construction projects; excludes certain progressive design-build contracts from an annual $120 million cap on innovative transportation projects; and removes inapplicability of the cap to low-bid design-build milling and resurfacing contracts;
- Removes a limitation on FDOT’s authority to combine the design and construction phases (a “design-build” project) to a building, a major bridge, a limited access facility, or a rail corridor project, thus authorizing FDOT to combine the design and construction phases of any type of project into a single design-build contract;
- Authorizes the FDOT, if it determines that doing so is in the best interests of the public, to use progressive design-build contracting, using a specified two-phase process, the first involving the design-build firm’s qualifications, and the second involving negotiations on price; and
- Repeals the provision in current law containing the temporary public records exemption for a document revealing the identity of persons who have requested or obtained bid packages, plans, or specifications pertaining to any FDOT let project.
The Committee approved the bill unanimously as a committee substitute, and next goes to the Senate Appropriations Subcommittee on Transportation, Tourism and Economic Development. The House companion, HB 157-Transportation Projects by Rep. Andrade, has been filed.
Airport Funding Legislation Clears First Senate Committee
SB 780- Airports by Sen. Hutson was heard for the first time in Senate Transportation. The bill expands the eligibility for higher levels of funding for master planning and aviation projects by FDOT. Currently, the funding is limited to airports that have no scheduled commercial service. The bill revises the limitation on funding to general aviation airports, or commercial service airports that have fewer than 100,000 passenger boardings per year as determined by the Federal Aviation Administration. The bill passed unanimously and moves to Senate Appropriations on Transportation, Tourism, and Economic Development. The House companion, HB 631- Airport Funding by Rep. Grall, has been filed.
Legislation Revising Building Code Inspector Requirements Moves Through First House Committee
CS/HB 423- Building Inspection Services by Rep. LaMarca was heard in House Regulatory Reform Subcommittee on Thursday. A strike all amendment was adopted by Rep. LaMarca that further clarifies the meaning of the term “private provider”. The bill provides that an individual may sit for building inspector or plans examiner licensure test by completing a 4-year internship with a private entity and under direct supervision of a licensed building official. Additionally, the Building Code Administration and Inspectors Board (BCAIB) must create a rule establishing the partial completion of an internship program may be transferred between local governments or private entities. The bill requires local governments to provide equal access to all permitting and inspection documents to a private provider, owner, and contractor if an owner or contractor retains a private provider. The bill passed unanimously and moves to House Local Administration & Veterans Affairs Subcommittee. The Senate companion, SB 644-Building Inspection Services by Sen. Brodeur, has not been heard.
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Legislation Creating a PFAS Task Force Passes
SB 7012- Per-and Polyfluoroalkyl Substances Task Force by the Senate Environment and Natural Resources Committee was heard on Monday. The committee bill creates the Per- and Polyfluoroalkyl Substances Task Force, or the PFAS Task Force. The PFAS Task Force will be created within the Department of Environmental Protection and is composed of 16 members, including an appointed representative from FAC appointed by the Governor. The Task Force will focus on providing recommendations for:
- Enforceable regulatory standards for PFAS in drinking water, groundwater, and soil.
- Mechanisms for the identification and cleanup of contaminated areas.
- Methods to address liability for contamination and financial responsibility.
- Methods and technologies for cleanup and treatment of PFAS contamination, considering cost as a factor.
- Funding sources and distribution of funding for cleanup and remediation.
- Methods to manage waste containing PFAS to prevent possible release or discharge into the environment that could cause contamination.
- Appropriate testing for monitoring PFAS in drinking water, groundwater, and soil to protect the public.
- Methods to eliminate workplace exposure within manufacturing and firefighting industries.
The PFAS Task Force will convene no later than October 1, 2022, and create an annual report of its findings to the Governor, Senate President, and Speaker of the House by each October 1, beginning in 2023. The committee bill passed unanimously (6-0). Currently, there is no House companion.
Sanitary Sewer Later Inspection Program Legislation Advances to Next Committee
CS/SB 608- Sanitary Sewer Lateral Inspection Programs by Sen. Brodeur was heard in its first committee stop, Senate Environment and Natural Resources. The bill authorizes counties to access any sanitary sewer lateral within its jurisdiction to investigate, clean, repair, recondition, or replace the sanitary sewer lateral.
If a county discovers a defective, damaged, or deteriorated sanitary sewer lateral and initiates a program to eliminate extraneous flow the county:
- Must notify the property owner of the issue by certified mail. The notice must specify that within 14 days after receiving the notice, the county will intend to access the owner’s property to address the damaged sanitary sewer lateral.
- Provide that the county is responsible for repair work on the private property and the county must return the property to its prework condition after the project is complete.
The bill was amended to allow options for alternative evaluation and rehabilitation programs for those jurisdictions who have established or implemented sanitary sewer lateral inspection programs.
SB 608 passed unanimously and heads to its second committee, Senate Community Affairs. The House companion,HB 303-Sanitary Sewer Lateral Inspection Programs by Rep. Truenow, has been assigned to committees, but not yet heard.
Legislation Proposing DEP to Cleanup Harmful Algal Blooms Across the State Passes First Committee
SB 834- Long-term Cleanup of Harmful Algal Blooms by Sen. Brodeur was heard on Monday in Senate Environment and Natural Resources. SB 834, known as the “Implementation of Long-term Solutions for Cleaning Florida’s Water Bodies Act”, requires the Department of Environmental Protection to acquire innovative technologies to physically remove harmful algal blooms, toxins, algae, and nutrients from water across the state through pilot programs. FAC waived in support of the bill. The bill passed unanimously and moves to Senate Appropriations Subcommittee on Agriculture, Environment, and General Government. The House companion, HB 421- Long-term Cleanup of Water Bodies by Rep. Truenow, has not been heard.
Seagrass Mitigation Banking Bill Clears First House Committee
HB 349- Water Resources Management by Rep.Sirois was heard for the first time in House Environment, Agriculture, & Flooding Subcommittee. The bill authorizes the Board of Trustees of Internal Improvement Trust Fund to grant easements on sovereignty submerged lands for seagrass mitigation banks to prepare for the impacts of projects as an offset credit. Committee members raised concerns over water quality ecosystem loss by this mitigation strategy. Additionally, the bill expands the Environmental Resource Permitting (ERP) permitting exemption for certain private and local government-owned docks. The bill passed favorably (13-4) and heads to House Agriculture & Natural Resources Appropriations Subcommittee. The Senate companion, SB 198- Seagrass Mitigation Banks by Sen. Ana Rodriguez, has not been heard.
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Joint Rural Broadband Stakeholders Meeting Focuses in on Broadband Deployment on Monday
On Monday November 29th, FAC staff participated in a Rural Broadband Stakeholders meeting organized by Senator Loranne Ausley and Representative Chuck Clemons. The meeting was moderated by Florida TaxWatch and included participation from the Small County Coalition, internet service providers, wireless providers, and municipal electric providers. The meeting focused on consensus broadband deployment issues including the need for accurate mapping in Florida, supporting the state Office of Broadband within the Department of Economic Opportunity, and streamlining the federal funding available to the state in the Federal Infrastructure bill. Florida is set to receive $366 million in a direct allocation from the American Rescue Plan Act Coronavirus Capital Projects Fund for the expansion of broadband.
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FAC President-Elect Lee Constantine Participates on House Panel Discussion of School Concurrency
On Tuesday, FAC President-Elect Lee Constantine served on the House Commerce Committee’s panel discussion on School Concurrency. The Committee received perspectives from developers, engineers, attorneys, school administrators, and counties about school concurrency, and the significant challenge in preserving community growth and
school infrastructure simultaneously. The challenges discussed include the displacement of children, financial burdens on the community, impact fees, and mitigation from developers. President-Elect Lee Constantine discussed his experiences as a Seminole County Commissioner. He emphasized the importance of unity amongst cities, counties, and developers as key for the growth of children in and out of school. The Commissioner highlighted how parents do not want to purchase property if children cannot attend schools close to their neighborhood. Additionally, keeping children in small neighborhood schools would present the greatest opportunity for student success and parent satisfaction, which is associated with a greater quality of education.
The Committee also discussed whether school concurrency should be addressed on a districtwide level or using smaller currency service areas as Commissioner Constatine and the two school administrators from St. Johns County and Polk County discussed. Commissioner Constantine explained that every district has diverse needs, so it would be a mistake to have a one-size-fits-all approach. He added that the central goal should be preserving the vision for parents to be close to their schools and avoid rezoning. Commissioner Constantine suggested a plan where the work is focused on an interlocal agreement with small concurrency areas. As the committee discussed which solutions could address school concurrency efficiently, Commissioner Constantine recommended two key strategies. First, ensure that everyone gets together to see where concurrency is needed and maintain transparency. Second, observe and implement the methods that the top five, “A-rated” school districts in Florida are using to deliver education and development that works for all parties.
The presentation may be accessed below:
House Commerce Committee: Video
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Sales Tax Exemption Holiday on ENERGY STAR & WaterSense Products Clears First Senate Committee
SB 356- Sales Tax Holiday for ENERGY STAR and WaterSense Products by Sen. Jones was heard in Senate Commerce and Tourism on Tuesday. The bill provides a sales tax exemption for certain ENERGY STAR and WaterSense products from April 22, 2022 to April 24, 2022. ENERGY STAR products must include an ENERGY STAR label and include a room air conditioner, air purifier, ceiling fan, clothes washer, clothes dryer, dehumidifier, dishwasher, freezer, refrigerator, water heater, swimming pool pump, or package of light bulbs. WaterSense products must include a WaterSense label and include a bathroom faucet, faucet accessory, high-efficiency toilet or urinal, showerhead, or weather- or sensor-based irrigation controller. The Revenue Estimating Conference projected a total local impact of $1.3 million with less than $1 million to county revenues statewide. FAC waived in support of the bill. The bill passed unanimously and heads to Senate Finance and Tax. The House companion, HB 201-Sales Tax Holiday for ENERGY STAR & WaterSense Products by Rep. Daley, has not been heard.
Senate Rural Economic Development Package Clears First Committee
SB 800- Economic Development by Sen. Albritton was heard for the first time in Senate Commerce and Tourism. The bill creates the Rural Opportunity Tax Refund Program by providing tax refunds to qualified target industry businesses in rural areas. Additionally, the bill revises the Rural Tax Credit program by removing the requirement that a new eligible business in a qualified area has at least 10 qualified employees. A tax credit of $2,500 would be received for each employee, an increase from $1,000. The bill also requires the Department of Economic Opportunity (DEO) to allocate 10% of the funds in the Florida Job Growth Grant Fund to projects within rural areas of opportunity. FAC waived in support of the bill. The bill passed unanimously and heads to its second committee, Senate Finance and Tax. The House companion, HB 685- Rural Development by Rep. Drake, has been filed.
Bill Requiring Local Officers to Disclose Finances Passes First Committee
CS/SB 510- Financial Disclosures for Elected Local Officers by Sen. Brodeur was heard on Tuesday in Senate Ethics and Elections. The bill requires the following local officers to file full and public disclosure of financial interests (pursuant to s.8, Art. II of the Florida Constitution) beginning with the 2022 filing year:
- Mayors.
- City Commissioners.
- Elected members of city council; town council, village council; or other governing body of a city, town or village.
- City, county, town, or village managers.
The bill passed unanimously and moves to Senate Community Affairs. The House companion, HB 301- Financial Disclosures for Elected Local Officers by Rep. Roach, has not been heard.
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A Potential Impact on Florida’s Fuel Taxes Proposed for the Upcoming Session
On November 22, 2021, Governor DeSantis announced his plans to propose a $1 billion gas tax relief for Floridan’s this session. The proposal as explained by the Governor is necessary to combat Florida’s rising gas prices due to “inflationary pressures” and to provide economic relief to Florida families all in the effort to lower gas prices. According to the U.S. Energy Information Administration, the average price of conventional retail gasoline stands at $3.27/gallon in November 2021. This is the highest gas price in Florida since 2014. Over the legislative Session, FAC will closely be monitoring the gas tax relief proposal to determine if there will be any impact on local governments.
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