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Week Two
January 21, 2022
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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 Ordinances Ready for Senate Floor (Support)
On Thursday, CS/CS/SB 280 (Hutson) passed on a vote of 14-2 through the Senate Rules Committee. The bill would impose new substantive requirements on municipalities for adopting ordinances. The bill was heavily amended in committee to add numerous positive changes requested by the League. As amended, the bill significantly reduces the burden on local governments for preparing a fiscal impact estimate; includes provisions to deter frivolous lawsuits; exempts several categories of ordinances from the bill’s requirements; authorizes courts to consider lifting the stay on ordinance enforcement if the local government prevails in a legal challenge and an appeal is taken; and eliminates provisions that would have changed the legal standards used by courts in assessing the validity of ordinances. The bill is now ready for the Senate floor. We anticipate the House companion, HB 403 (Giallombardo), will be amended to match the Senate bill. Click here to watch the committee hearing on CS/CS/SB 280. Discussion of the bill begins at approximately 13:15. Rebecca’s testimony starts at approximately 46:20. (O'Hara)
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Business Damages Passes Second Committee (Oppose)
This week CS/SB 620 (Hutson) was heard in the Senate Appropriations Committee and passed on a vote of 11-7. The bill would authorize a business that has been engaged in a lawful business in the state for at least three years to claim business damages from a local government if the government enacts or amends an ordinance or charter provision that will cause a reduction of at least 15% of the business' profit. CS/SB 620 was amended to add a few exemptions for certain ordinances, but significant problems remain. The bill is now ready for the Senate floor. Click here to watch the committee hearing on CS/CS/SB 280. Discussion of the bill begins at approximately 7:30. Rebecca’s testimony starts at approximately 42:40. (O’Hara)
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Private Property Rights to Prune, Trim and Remove Trees – FLC Priority – Passed First Committee (Support)
On Tuesday, CS/SB 518 (Brodeur), relating to tree protection ordinances and a League priority, passed unanimously through the Senate Community Affairs Committee. The bill would amend current law provisions that prohibit local governments from requiring permits for the removal of "dangerous" trees on residential property. The bill will now move to its second committee of reference. The House companion, HB 1555 (McClain), has yet to be put on the agenda. (Branch) (O'Hara)
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Additional Homestead Property Tax Exemption Up Next Week (Oppose)
SJR 1746 (Brodeur) will receive its first hearing in the Community Affairs Committee on Tuesday, January 25. The bill 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, a child welfare service provider, an active-duty member of the United States Armed Services or a member of the Florida National Guard. The House companion, HJR 1 (Tomkow), is still waiting to be placed on the agenda. If approved by voters, the Revenue Estimating Conference estimates this legislation will reduce municipal ad valorem collections by approximately $20.8 million in the first year. (Hughes)
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Smoking in Public Parks Up Next Week (Support)
HB 105 (Fine), relating to smoking in public parks, will receive its first committee hearing in the House Professions & Public Health Subcommittee on Wednesday, January 19. The bill would allow cities to restrict smoking within the boundaries of any public beach or park they own. Please reach out to members of the House Professions & Public Health Subcommittee and encourage them to vote yes on the bill. The Senate Companion, SB 224 (Gruters) is waiting to be heard in its second committee of reference, the Senate Environment and Natural Resources. (Taggart)
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Sovereign Immunity Passes First Committee (Oppose)
CS/HB 985 (Beltran), relating to Sovereign Immunity, was heard in the House Civil Justice & Property Rights Subcommittee and passed on a vote of 16-1. The bill revises the statutory limits on liability for tort claims against the state and its agencies and subdivisions (which include cities). The bill seeks to increase the current statutory limits for claims to $1 million per person and no per-incident cap. CS/HB 985 was amended in committee to shorten the timeframe for a government entity to make final disposition of a claim from six months to three months. The Senate companion, SB 974 (Gruters), is waiting to be heard in its first committee reference, Senate Judiciary. (Cruz)
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Financial Disclosures for Elected Local Officials Bills Fly Through Committee (Oppose)
This week, CS/SB 510 (Brodeur) and CS/HB 301 (Roach) passed their respective committees unanimously. The bills require 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 will now move to its third and final committee stop, Senate Rules. The House companion, CS/HB 301, will now move to its second committee of reference, the Local Administration & Veterans Affairs Subcommittee. (Hughes)
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Local Tax Referenda Requirements Passes Unanimously (Oppose)
On Tuesday, CS/SB 1194 (Boyd) was heard in the Community Affairs Committee and passed on a vote of 7-0. Of most concern, the bill would require referenda elections related to increases in municipal and county ad valorem tax millages to be held at the general election. The House companion, CS/HB 777 (Robinson, W.), will be heard in the Ways & Means Committee on Monday, January 24. (Hughes)
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Stay Informed. Stay Engaged. |
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