Florida League of Cities Business Session Saturday, August 14, 2021 9:00 A.M

Florida League of Cities Business Session Saturday, August 14, 2021 9:00 a.m. – 10:00 a.m. Crystal Ballroom G-J

1. Call to Order

2. Approval of 2020 Minutes

3. Reports of Policy and Ad Hoc Committees

4. Unfinished Business

5. New Business:  Report of the Resolutions Committee  Report of the Legislative Committee  Report of the Nominating Committee – Election of Officers

6. Comments for the "Good of the Order"

7. Adjourn

Florida League of Cities 2021 Annual Conference Committee Reports

This report includes legislative updates from the last legislative session that adjourned on April 30, 2021.

REPORT OF THE FINANCE, TAXATION & PERSONNEL COMMITTEE Chair: Commissioner Robert Stuart, City of Orlando Vice Chair: Deputy Mayor Kenny Johnson, City of Palm Bay

The League's membership adopted one legislative priority and one policy position for the 2021 Legislative Session recommended by the Finance, Taxation & Personnel Legislative Policy Committee.

The League adopted the following priority:

Sales Tax Fairness The Florida League of Cities SUPPORTS legislation to update Florida's sales and use tax laws that apply to online/e- commerce sales from out-of-state retailers. Changes are needed to ensure in-state retailers are treated equitably and that the Florida sales and use tax law is equally enforced.

The League supported CS/CS/SB 50 (Gruters) that 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. Ensuring that in-state retailers are treated equitably and that Florida's sales and use tax laws are equally enforced is a priority for the League of Cities. CS/CS/SB 50 was signed by the governor and went into effect on July 1, 2021.

The League adopted the following policy position:

Digital Divide The Florida League of Cities SUPPORTS legislation that reduces the digital divide and expands broadband internet access to all areas of the state. This includes:  Identifying areas of Florida that are underserved by traditional broadband providers.  Removing statutory barriers for cities to provide telecommunication services and open competition for affordable internet service.  Increasing public funding for construction of broadband infrastructure.

While several bills relating to broadband internet service were filed during the 2021 Legislative Session, only one of them passed - CS/CS/HB 1239 (Tomkow). The League was neutral on the bill. While the League was supportive of the mapping and grant programs in the bill, the official position of the League was neutral due to the constraints on municipal electric utility poles.

CS/CS/HB 1239 is the "Florida Broadband Deployment Act of 2021" and creates two programs intended to expand broadband service to those currently unserved. The bill requires municipal electric utilities, through July 1, 2024, to offer broadband providers a discounted rate of one dollar per attachment per year for any new pole necessary to make broadband service available to an unserved or underserved consumer within the utility's service territory. The bill provides the terms for these discounted attachments. The bill prohibits municipal electric utilities from raising their current pole attachment rates for broadband providers before July 31, 2022. The bill also provides safety and reliability standards for pole attachments and specifies each party's responsibility for costs associated with replacement poles. The bill also creates a program within the Florida Office of Broadband to award grants, subject to appropriation, to applicants who seek to install or deploy infrastructure that expands broadband service to unserved areas. The bill specifies that political

subdivisions are eligible for these grants only if other broadband Internet service providers have not deployed service to an unserved area. The bill establishes a process by which an existing broadband provider may challenge a grant application on the grounds that the provider already offers or plans to offer service in the area at issue. The bill limits grant awards to 50 percent of the total cost of a project, but no more than $5 million per grant, and prohibits grant awards for projects that receive other federal funding. The bill also appropriates funds to develop geographic information system maps of broadband Internet services availability consistent with FCC standards. The governor signed the bill. Effective July 1, 2021.

The League supported the broadband bills below; however, none of the bills passed the Legislature.

CS/SB 2004 (Burgess) would have required the Florida Office of Broadband's strategic plan to include short-term and long-term goals for increasing the availability of and access to broadband internet service in this state. The bill required the updated plan to be submitted to the governor, the chief justice of the Supreme Court and the Legislature by June 30, 2022, and updated biennially. The bill as amended appropriated $1.4 million in nonrecurring funds for fiscal year 2021- 2022 for the purpose of commissioning a broadband feasibility study. The bill died in committee.

CS/HB 753 (Clemons) would have created the Florida Broadband Opportunity Program within the Office of Broadband within the Department of Economic Opportunity to award grants to applicants who seek to expand broadband internet service to unserved areas of the state. The bill authorized certain entities, such as political subdivisions, to apply for grants that are to be used for the installation and deployment of infrastructure that supports broadband internet service. The bill only allowed the Office to award grants to governmental entities if no broadband internet service providers are deployed in that area. The bill provided application requirements, the criteria for evaluating applications and that the grant award combined with other government funding may not fund more than 50% of the project's total costs. Additionally, the bill authorized existing broadband Internet providers to challenge grant applications if service is already provided or is planned in the area at issue. Provisions of this bill were included in CS/CS/HB 1239. The bill died in committee.

CS/CS/SB 1560 (Ausley) and HB 1339 (Goff-Marcil) would have expanded the duties of the Florida Office of Broadband within the Department of Economic Opportunity. The bills expanded the Office's local technology planning teams' duties to focus on rural, unserved and underserved areas. CS/CS/SB 1560 creates the Broadband Opportunity Program, administered by the Office, to award grants for the expansion of broadband Internet service in unserved and underserved areas of Florida. The program was subject to appropriation. Provisions of these bills were included in CS/CS/HB 1239. CS/CS/SB 1560 made if through all committees of reference but died on the Senate calendar. HB 1339 died in committee.

REPORT OF THE LAND USE & ECONOMIC DEVELOPMENT COMMITTEE Vice Chair: Mayor Linda Hudson, City of Fort Pierce

The League's membership adopted one legislative priority and one policy position for the 2021 Legislative Session recommended by the Land Use & Economic Development Legislative Policy Committee.

The League adopted the following priority:

Annexation The Florida League of Cities SUPPORTS legislation that facilitates the municipal annexation of unincorporated areas while protecting private property rights and respecting municipal boundaries.

No bills relating to annexation were filed during the 2021 Legislative Session.

The League adopted one policy position:

Mobility Plans

The Florida League of Cities SUPPORTS legislation that defines mobility plans and fees in order to provide the clarity and consistency needed to assist Florida's cities in implementing alternative modes of transportation.

No bills relating to mobility plans were filed during the 2021 Legislative Session.

REPORT OF THE MUNICIPAL ADMINISTRATION COMMITTEE Chair: Council Member Teresa Watkins Brown, City of Fort Myers Vice Chair: Vice-Mayor Kimberly Glas-Castro, Town of Lake Park

The League's membership adopted one legislative priority for the 2021 Session recommended by the Municipal Administration Legislative Policy Committee.

The League adopted the following priority:

Short-Term Rentals The Florida League of Cities SUPPORTS legislation providing for a collaboration between the Florida Department of Business and Professional Regulation and cities to ensure that short-term rental properties abide by state and local regulations, are properly licensed and insured, and comply with state and local taxation requirements as well as industry-accepted safety practices. The Florida League of Cities SUPPORTS legislation clarifying that existing, grandfathered municipal short-term rental ordinances can be amended without penalty.

Multiple short-term rental bills were filed during the 2021 Legislative Session; however, none of them passed.

CS/CS/SB 522 (Diaz), as originally filed, would have preempted all regulations of vacation rentals to the state, including the inspection and licensing of vacation rentals. The League worked with various stakeholders to amend the bill throughout session to narrow the preemption. The bill would have protected existing vacation rental regulations but preempt cities from specifically regulating advertising platforms. The bill died in committee.

The House companion, CS/HB 219 (Fischer), would have undone any local registration, inspection or licensing requirements specific to short-term rentals adopted since 2011. The League opposed the bill. Thanks to your advocacy efforts, CS/HB 219 died in committee.

The League supported HB 1481 (Goff-Marcil) and SB 1988 (Pizzo). The bills would have prohibited local governments from prohibiting the siting of vacation rentals from their entire jurisdiction. The bills would have restored authority to local governments to adopt and apply zoning and land development regulations to vacation rentals. The bills would have maintained the June 1, 2011, grandfather date on local ordinances adopted prior to then and specify that those ordinances can be amended without penalty. The bills would have improved the state licensing process. Both bills died in committee.

The League membership adopted one policy position.

Cybersecurity The Florida League of Cities SUPPORTS legislation dedicating state resources for the development and enhancement of municipal cybersecurity by providing funding for technical assistance, threat assessments, employee training, infrastructure improvements and data protection, including the protection of exempt and confidential information such as law enforcement personnel information and plans for government buildings and other critical infrastructure.

No bills relating to cybersecurity were filed during the 2021 Legislative Session.

REPORT OF THE TRANSPORTATION & INTERGOVERNMENTAL RELATIONS COMMITTEE

The League's membership adopted one legislative priority for the 2021 Session recommended by the Transportation & Intergovernmental Relations Legislative Policy Committee.

The League adopted the following priority:

Affordable Housing The Florida League of Cities SUPPORTS legislation that requires all monies from the Sadowski State and Local Housing Trust Funds be used only for Florida's affordable housing programs.

Several bills were filed during the 2021 Session that related to affordable housing.

The League supported HB 13 (Killebrew) and SB 510 (Hooper). The bills specified that funds deposited in the State Housing Trust Fund and the Local Government Housing Trust Fund may not be transferred or used for any other purpose. Both bills died in committee.

SB 2512 (Appropriations) passed the Legislature and was approved by the governor. The bill revises distributions from the Documentary Stamp Tax. It adds distributions to the newly created Resilient Florida Trust Fund and to the Water Sustainability and Accountability Trust Fund (used for the wastewater grant program established in section 403.0673, F.S.). It reduces current distributions to the State Housing Trust Fund, but also prevents funds distributed to the housing trust fund from being transferred to General Revenue.

The funding for fiscal year 2021-22 is $209.2 million. This is the largest appropriation of Sadowski state and local housing trust funds in twelve years. The amount of Sadowski Act funding will go up and down each year depending upon doc stamp projections and will include growth from the doc stamp collections.

The League membership adopted one policy position.

Transportation Funding The Florida League of Cities SUPPORTS legislation that will allow cities to have greater local decision-making and flexibility on transportation funding to ensure we meet our ever-changing transportation demands.

No bills relating to transportation funding were filed during the 2021 Legislative Session.

REPORT OF THE UTILITIES, NATURAL RESOURCES & PUBLIC WORKS COMMITTEE Vice Chair: Mayor Heidi Herzberg, City of Deltona

The League's membership adopted one legislative priority for the 2021 Session recommended by the Utilities, Natural Resources & Public Works Legislative Policy Committee.

The League adopted the following priority:

Discharges to Surface Waters The Florida League of Cities SUPPORTS legislation that establishes reasonable timeframes for utilities to eliminate, to the extent possible in compliance with regulatory requirements and with specified exceptions, discharges to surface waters unless a utility demonstrates it is not environmentally, technically or economically feasible.

The League opposed CS/SB 64 (Albritton) relating to reclaimed water. The bill passed the Legislature and was approved by the governor. CS/SB 64 requires domestic wastewater utilities to submit a plan to the Department of Environmental Protection (DEP) by November 2021 for eliminating nonbeneficial surface water discharges (e.g., treated effluent, reclaimed water or reuse water) by January 2032. It requires DEP to approve such plans if a plan meets the following conditions: The plan will result in eliminating the surface water discharge, the plan will result in meeting statutory requirements relating to ocean outfalls, or the plan does not provide for the complete elimination of the surface water discharge but affirmatively demonstrates that specified conditions are present. The conditions are: The discharge is associated with an indirect potable reuse project, the discharge is a wet weather discharge in accordance with a permit, the discharge is into a stormwater system for subsequent withdrawal for irrigation purposes, the utility has a reuse system that achieves 90% reuse of reclaimed water, or the discharge provides direct ecological or public water supply benefits. A utility that fails to timely submit an approved plan may not discharge to surface waters after January 2028. Violations of the bill's requirements are subject to administrative and civil penalties. The bill requires DEP to submit an annual report to the governor and Legislature detailing implementation status. The bill exempts the following domestic wastewater facilities from its requirements: facilities located in a fiscally constrained county; facilities located in a municipality that is entirely within a rural area of opportunity; and facilities located in a municipality having less than $10,000 in total annual revenue. The bill authorizes DEP to establish a potable reuse technical advisory committee, provides that potable reuse projects are eligible for alternative water supply funding and provides that potable reuse projects are eligible for expedited permitting and priority state funding. In addition, the bill requires local governments to offer a 25% density or intensity bonus to developers if 75% of a development will have graywater systems installed or a 30% bonus if 100% of a development will have graywater systems installed. The bonus is in addition to any other bonus that may be in effect on July 1, 2021. Effective June 29, 2021.

The League adopted the following policy position:

Resilient and Sustainable Florida The Florida League of Cities SUPPORTS legislation that promotes a resilient and sustainable Florida, including:  Funding for water quality improvements.  Establishing policies and funding for alternative water supply development.  Providing for intergovernmental coordination and planning on strategies to address climate challenges such as drought, coastal flooding and inland flooding.  Enabling local authority to implement natural resource protection strategies.

During the 2021 Session, several bills were filed to address water concerns.

The League supported CS/CS/SB 1954 (Rodrigues) that establishes a state program to address inland and coastal flooding and sea level rise. It establishes the "Resilient Florida Grant Program" within the Department of Environmental Protection (DEP), which provides funding to local governments for the costs of resilience planning and projects to adapt certain "critical assets" (defined in the bill). The grants require a minimum of 50 percent cost-share from the local sponsor, which may be waived for certain "financially disadvantaged small communities" (defined in the bill). The bill creates the "Comprehensive Statewide Flood Vulnerability and Sea Level Rise Data Set and Assessment," to be updated every five years by the DEP. The data set must be completed by July 2022 and include statewide sea level rise projections. The assessment must be completed by July 2023 and identify vulnerable areas, infrastructure, and critical assets. The bill requires the DEP to annually submit a "Statewide Flooding and Sea Level Rise Resilience Plan" that proposes up to $100 million funding for projects that address risks from flooding and sea level rise. The initial plan must be submitted by December 2021. Local governments, regional resilience entities, and water management districts are authorized to submit projects to DEP for inclusion in the plan. The bill requires DEP to implement a scoring system for submitted projects. In addition, DEP is authorized to provide funding to regional resilience entities for providing technical assistance, coordinating multi-jurisdictional vulnerability assessments, and developing project proposals for the statewide resilience plan. The bill also directs the University of South Florida to create a "flood hub" to coordinate and lead statewide efforts for research and innovation, and requires the Office of Economic and Demographic Research to add an analysis of

flooding issues to its annual assessment of Florida's water resources and conservation lands. The bill was approved by the governor. The effective date is May 12, 2021.

SB 2514 (Appropriations) passed the Legislature became law on May 12, 2021. SB 2514 creates the Resilient Florida Trust Fund within the Department of Environmental Protection and provides the trust fund is established as a depository for certain Documentary Stamp Tax revenues. The League supported the bill.

For a comprehensive report of bills that the Florida League of Cities tracked during the 2021 Legislative Session, view the 2021 Legislative Final Report at www.floridaleagueofcities.com.

REPORT OF THE FEDERAL ACTION STRIKE TEAM Chair: Mayor Greg Ross, City of Cooper City Vice Chair: Councilmember Cal Rolfson, City of Mount Dora

The Federal Action Strike Team (FAST) was created to support the League's strategic plan objective to strengthen federal relations. The primary purpose of the committee is to establish proactive and reactive communications with the Florida congressional delegation in support of federal municipal policy.

The FAST committee has made a strong commitment to shaping federal municipal policy and has taken action on a number of federal issues, including:

 Passage of the American Rescue Plan Act which provides direct federal aid to every Florida municipality to assist with recovery efforts resulting from COVID-19  Investing in Infrastructure – Providing tools and financial resources to assist cities in strengthening and rebuilding needed infrastructure, particularly in the areas of transportation, broadband and water quality/quantity.  Flood Insurance – Supporting federal legislation to reauthorize the National Flood Insurance Program.  Cybersecurity – Supporting federal funding for technical assistance, threat assessments, employee training, infrastructure improvements and data protection.

Prior to the COVID-19 pandemic, FAST coordinated several successful Fly-ins to Washington D.C., where city officials met directly with members of the Florida congressional delegation. Due to uncertainty surrounding the pandemic and security protocols at the U.S. Capitol, future fly-ins are temporarily on hold. The FAST team is meeting virtually with the Florida Congressional Delegation to advocate the 2021 Federal Action Agenda and other issues impacting Florida's cities.

The National League of Cities' City Summit conference is this November 18-20, 2021 in Salt Lake City, Utah. Conference information is available at citysummit.nlc.org. Registrants can attend in person or virtually. The following municipal officials currently serve on the NLC Board of Directors: Commissioner Gary Resnick, Wilton Manors; Commissioner Leo Longworth, Bartow; Mayor Rusty Johnson, Ocoee; and Commissioner Mark Douglas, Sunrise.

REPORT OF THE ADVOCACY COMMITTEE Chair: Vice Mayor Dominick Montanaro, City of Satellite Beach Vice Chair: Commissioner Traci Callari, City of Hollywood

The Advocacy Committee met virtually several times before and during the 2021 Legislative Session keeping the committee more engaged and up to date on key legislative issues. The Advocacy Committee has been focused on

strengthening relationships and improving communications with legislators, with significant meeting limitations resulting from COVID-19.

Lobbying in Tallahassee during Interim Committee Meetings/Legislative Session The Legislative Session will begin January 11, 2021. If the Legislature continues to keep the House and Senate open to the public, the League encourages municipal officials to come to Tallahassee to help advocate the 2022 Legislative Action Agenda. The League hopes to have a strong representation of municipal officials in Tallahassee to convey a strong unified message in support of the FLC legislative priority issues. Municipal officials are also encouraged to come to Tallahassee during the interim committee meetings which are scheduled:  September 20-24  October 11-15  October 18-22  November 1-5 (FLC Legislative Conference is Nov. 3-5 in Orlando)  November 15-19  November 29-December 3

FLC Legislative Alerts/Text Sign Up During the 2021 Legislative Session, FLC sent 12 Legislative Alerts to the FLC membership. In addition to being e- mailed, about 200 officials signed up to receive a text alert notifying them when an Alert was sent. After the vote or committee hearing, FLC sent a follow-up alert which included an update on the Legislature's actions (how they voted).

Improving Legislative Communications During Session FLC is working to develop tools to help city officials keep the FLC staff informed about legislative communications during session. It is critical to know when municipal officials are communicating with their legislators on FLC priority issues. FLC updated the Home Rule Hero criteria to stress the importance of responding to Legislative Alerts and keeping the FLC Legislative Team informed on communications with legislators.

Local Legislative Delegation Meetings Several local legislative delegation meetings are being scheduled around the state to prepare for the 2022 Legislative Session. FLC will work with local/regional leagues to encourage city officials to speak at the delegation meetings in support of the FLC Legislative Action Agenda.

Citizen Outreach Efforts Working in concert with President Ortiz's Building Stronger Cities initiative, the Field Advocacy and Federal Affairs department is encouraging municipal officials to spread the message of "local decision-making" to citizen and neighborhood associations, local chambers of commerce, etc.

Florida League of Cities 2021 Legislative Awards The Florida League of Cities is pleased to recognize the following legislators and city officials who participated in a successful legislative session for Florida's municipalities.

Home Rule Hero Award The Home Rule Hero Award was created to recognize city officials who went above and beyond to advocate the FLC Legislative Agenda this past legislative session. FLC awarded 135 municipal officials as a 2021 Home Rule Hero. Of that number, 51 officials are first-time recipients. For a list of 2021 Home Rule Heroes, refer to the FLC Conference App.

Legislative Appreciation Award The following legislators were presented a Legislative Appreciation award for working with FLC lobbyists on key issues, offering amendments on our behalf and generally being supportive of FLC positions.

 Senator Aaron Bean, District 4  Senator Jennifer Bradley, District 5  Senator Gary Farmer, District 34  Senator Joe Gruters, District 23  Senator Gayle Harrell, District 25  Senator Ed Hooper, District 16  Senator Debbie Mayfield, District 17  Senator Kathleen Passidomo, District 28  Senator Jason Pizzo, District 38  Senator Tina Polsky, District 29  Senator Bobby Powell, District 30  Senator Tom Wright, District 14  Representative Robin Bartleman, District 104  Representative Chuck Clemons, District 21  Representative Dan Daley, District 97  Representative Tracie Davis, District 13  Representative Ben Diamond, District 68  Representative Wyman Duggan, District 15  Representative Anna Eskamani, District 47  Representative Joe Geller, District 100  Representative Joy Goff-Marcil, District 30  Representative Michael Grieco, District 113  Representative Christine Hunschofsky, District 96  Representative Sam Killebrew, District 41  Representative Andrew Learned, District 59  Representative Jim Mooney, District 120  Representative Angie Nixon, District 14  Representative Bobby Payne, District 19  Representative Cyndi Stevenson, District 17  Representative Matt Willhite, District 86

Proposed Florida League of Cities 2021 Resolutions

1. City of Orlando

2. Florida City Government Week

3. Florida Territory Bicentennial

4. National Flood Insurance Program

5. Cybersecurity Assistance

6. American Infrastructure Bonds

7. PFAS

8. Investing in Infrastructure

2021-01

A RESOLUTION OF THE FLORIDA LEAGUE OF CITIES, INC., EXPRESSING APPRECIATION TO THE CITY OF ORLANDO FOR ITS SUPPORT OF ANTONIO L. ORTIZ AS PRESIDENT OF THE FLORIDA LEAGUE OF CITIES.

WHEREAS, Antonio “Tony” Ortiz, Commissioner of the City of Orlando, served as President of the Florida League of Cities from 2020-2021; and

WHEREAS, the citizens, mayor, commissioners and staff of the City of Orlando were understanding of the demands placed upon Commissioner Ortiz in his role as President of the League; and

WHEREAS, during his presidency, Commissioner Ortiz focused on the importance of Building Stronger Cities, which organized, empowered and delivered unprecedented grassroots advocacy from Florida residents, showed them the importance of getting engaged in their local and state government and instilled in them how important Home Rule is to ensuring local voices make local choices when protecting their neighborhoods and communities; and

WHEREAS, during his presidency, Commissioner Ortiz provided leadership, guidance, vision and compassion for Florida’s 411 municipalities and their staffs, residents and businesses during an unprecedented time in our nation’s history; and

WHEREAS, the membership and staff of the League recognize that the commitment of the City of Orlando to Commissioner Ortiz’s presidency ensured his active participation in League activities and unselfish service to the League, and it permitted him to successfully promote the programs, projects and philosophy of the League during the past year; and

WHEREAS, the membership and staff of the League also wish to recognize and personally thank Megan A. Shaver and all of the dedicated City of Orlando staff for their efforts in providing outstanding assistance to President Ortiz and FLC staff in coordinating his duties with the City and with the League, and all city staff went above and beyond the call of duty and their outstanding contributions to this effort are applauded and greatly appreciated.

NOW, THEREFORE, BE IT RESOLVED BY THE FLORIDA LEAGUE OF CITIES, INC.:

Section 1. The Florida League of Cities, Inc., membership and staff do officially and personally appreciate the commitment the City of Orlando’s citizens, commissioners and staff made to Commissioner Ortiz’s presidency.

Section 2. A copy of this resolution be presented to the City of Orlando.

PASSED AND ADOPTED by the Florida League of Cities, Inc., in conference assembled at the League’s 2021 Annual Conference at the Orlando World Center Marriott in Orlando, FL, this 14th Day of August 2021.

______Phillip E. Walker, First Vice President Florida League of Cities, Inc. Commissioner, City of Lakeland

ATTEST: ______Jeannie Garner, Executive Director Florida League of Cities, Inc.

Submitted by: FLC Staff 2021-02

A RESOLUTION OF THE FLORIDA LEAGUE OF CITIES, INC., RECOGNIZING THE WEEK OF OCTOBER 18-24, 2021, AS “FLORIDA CITY GOVERNMENT WEEK” AND ENCOURAGING ALL FLORIDA CITY OFFICIALS TO SUPPORT THIS CELEBRATION BY PARTICIPATING IN THE “MY CITY: I’M PART OF IT, I’M PROUD OF IT!” ACTIVITIES.

WHEREAS, city government is the government closest to the people and the one with the most direct daily impact upon its residents; and

WHEREAS, city government provides services and programs that enhance the quality of life for residents, making their city their home; and

WHEREAS, city government is administered for and by its citizens and is dependent upon public commitment to and understanding of its many responsibilities; and

WHEREAS, city government officials and employees share the responsibility to pass along the understanding of the services provided by cities and their benefits; and

WHEREAS, the Florida League of Cities and its member cities have joined together to teach students and other citizens about municipal government through a variety of activities; and

WHEREAS, Florida City Government Week was created in 1991, and this year marks thirty years of recognizing the significant role played by city government in our lives.

NOW, THEREFORE, BE IT RESOLVED BY THE FLORIDA LEAGUE OF CITIES, INC.:

Section 1. The Florida League of Cities, Inc., encourages all city officials, city employees, school officials and citizens to participate in events that recognize and celebrate Florida City Government Week.

Section 2. The Florida League of Cities, Inc., supports and encourages all city governments to promote, sponsor and participate in My City: I’m Part of It, I’m Proud of It!

Section 3. A copy of this resolution be provided to Florida Governor Ron DeSantis, the Florida Cabinet, the Florida School Boards Association and the membership of the Florida League of Cities, Inc.

______Antonio Ortiz, President Florida League of Cities, Inc. Commissioner, City of Orlando

ATTEST: ______Jeannie Garner, Executive Director Florida League of Cities, Inc.

Submitted by: FLC Staff

2021-03

A RESOLUTION OF THE FLORIDA LEAGUE OF CITIES, INC., COMMEMORATING THE BICENTENNIAL OF FLORIDA AS A TERRITORY WITHIN THE UNITED STATES OF AMERICA.

WHEREAS, the United States of America acquired the territories of East and West Florida from Spain in 1821 and that transfer was formally conducted by representatives of both countries in 1822; and

WHEREAS, East and West Florida were considered one entity by the United States, and Florida’s leaders began to pursue statehood within a few years of joining the U.S. and in doing so adopted a Constitution in 1839 that outlined definitions, roles and responsibilities for Florida’s local governments; and

WHEREAS, the territorial ceremony included recognition of the capitols of East and West Florida, respectively St. Augustine and Pensacola which were thriving communities under both English and Spanish rule and were recognized by the territorial Governor as municipalities in 1822 along with the other populous communities of Apalachicola, Key West and St. Joseph (now Port St. Joe), and other new cities joined them as Florida grew; and

WHEREAS, Florida is celebrating its Bicentennial Year as a territory within the United States of America and such observance, celebration and commemoration is worthy of note to each municipality in Florida as the foundation of the state and its constitution is fundamental to each city, town and village; and

WHEREAS, the Florida League of Cities and its membership appreciate Florida’s rich history and encourage each municipality to use this anniversary as an opportunity to educate citizens, residents and visitors about Florida’s history along with municipal self-government, representative democracy, Home Rule powers, municipal services and public service in general.

NOW, THEREFORE, BE IT RESOLVED BY THE FLORIDA LEAGUE OF CITIES, INC.:

Section 1. The Florida League of Cities, Inc., hereby joins with all Floridians in celebrating the bicentennial and encourages its membership to acknowledge and commemorate this momentous anniversary in all appropriate ways.

Section 2. A copy of this resolution be sent to the Governor and Cabinet.

______Antonio Ortiz, President Florida League of Cities, Inc. Commissioner, City of Orlando

ATTEST: ______Jeannie Garner, Executive Director Florida League of Cities, Inc.

Submitted by: City of St. Augustine

2021-04

A RESOLUTION OF THE FLORIDA LEAGUE OF CITIES, INC., URGING CONGRESS TO REAUTHORIZE THE NATIONAL FLOOD INSURANCE PROGRAM.

WHEREAS, floods are the most common and destructive natural disaster in the United States and Florida; and

WHEREAS, Congress created the National Flood Insurance Program (NFIP) in 1968 to make affordable flood insurance available to homeowners, renters and business owners in exchange for using Federal Emergency Management Agency (FEMA) generated Flood Insurance Rate Maps for floodplain management by participating communities; and

WHEREAS, the Flood Disaster Act of 1973 requires the purchase of flood insurance as a condition of receiving any form of federal or federal-related financial assistance for acquisition or construction purposes with respect to the insurance of buildings; and

WHEREAS, the NFIP provides affordable flood insurance to property owners by encouraging local governments to adopt and enforce floodplain and water management regulations, best practices and techniques; and

WHEREAS, these mitigation efforts reduce and prevent flooding on new and improved structures, thereby saving lives and reducing injuries, reducing economic losses, maintaining and protecting critical infrastructure, and reducing the liability borne by local governments and their elected officials; and

WHEREAS, flooding is a serious risk in Florida due to the state’s geography and proximity to water, both coastal and inland; and

WHEREAS, this issue is a critical concern for our state as Florida has the largest number of participants in the NFIP with more than 1.7 million policies in force; and

WHEREAS, the NFIP is set to expire on September 30, 2021; and

WHEREAS, a lack of long-term reauthorization causes uncertainty for beneficiaries and providers; and

WHEREAS, there is still no viable private market for homeowners and businesses to acquire sufficient flood insurance coverage; and

WHEREAS, accurate mapping is fundamental for local governments to assess and communicate risk to their communities and property owners; and

WHEREAS, the current federal mapping process often results in local governments having to rely on inaccurate maps that do not take into account locally built flood protection features and communities building off of outdated mapping, which results in artificially inflated risk. Further, many areas of the country are not mapped or mapped accurately, which results in communities not being aware that they are at risk of flooding; and WHEREAS, it is incumbent upon all of us to have a long-term, sustainable and viable NFIP with rates that are affordable; and

WHEREAS, FEMA is scheduled to launch a new risk rating system called Risk Rating 2.0 to address deficiencies in the traditional mapping process that was originally scheduled to go into effect October 1, 2021; and

WHEREAS, Risk Rating 2.0 will be used as a basis for new flood insurance rates, but the technical details and the actuarial data on which premiums will be based have not been clearly defined by FEMA.

NOW, THEREFORE, BE IT RESOLVED BY THE FLORIDA LEAGUE OF CITIES, INC.:

Section 1. The Florida League of Cities, Inc., supports a long-term National Flood Insurance Program that utilizes a flood risk rating system that is transparent, equitable and affordable.

Section 2. A copy of this resolution be sent to President Joe Biden, the administrator of FEMA, the Florida Congressional Delegation, the National League of Cities and the membership of the Florida League of Cities, Inc.

______Antonio Ortiz, President Florida League of Cities, Inc. Commissioner, City of Orlando

ATTEST: ______Jeannie Garner, Executive Director Florida League of Cities, Inc.

Submitted by: FLC Staff

2021-05

A RESOLUTION OF THE FLORIDA LEAGUE OF CITIES INC., URGING CONGRESS AND THE ADMINISTRATION TO PROVIDE ASSISTANCE, TRAINING AND FEDERAL FUNDING TO CITIES TO STRENGTHEN AND ASSESS CYBERSECURITY INFRASTRUCTURE.

WHEREAS, local governments are entrusted with gigabytes of personally identifiable, confidential and proprietary information about the businesses and citizens that live and operate within their jurisdictions; and

WHEREAS, numerous high-profile cyber incidents in the public sector have highlighted the emerging challenges that cities face in protecting this data; and

WHEREAS, the “hidden” impact on local government operations when a system is compromised could result in longer response times for police and fire personnel, delays in service delivery to utility customers or holdups in the permitting process for businesses; and

WHEREAS, the loss of personally identifiable, confidential and proprietary information has its own critical and personal cost impacts, but also damages public trust in government; and

WHEREAS, many cities are embracing technology-driven governance while security threats are increasing in frequency and sophistication.

NOW, THEREFORE, BE IT RESOLVED BY THE FLORIDA LEAGUE OF CITIES, INC.:

Section 1. The Florida League of Cities, Inc., urges Congress and the Administration to partner with cities to help strengthen their security measures to thwart future cyberattacks, specifically in the areas of technical assistance, training and infrastructure improvements.

Section 2. The Florida League of Cities, Inc., urges Congress to support the State and Local Cybersecurity Improvement Act which would create a grant program, administered by the Department of Homeland Security, to bolster state and local cybersecurity operations.

Section 3. A copy of this resolution be sent to President Joe Biden, the Florida Congressional Delegation, the National League of Cities and the membership of the Florida League of Cities, Inc.

______Antonio Ortiz, President Florida League of Cities, Inc. Commissioner, City of Orlando

ATTEST: ______Jeannie Garner, Executive Director Florida League of Cities, Inc.

Submitted by: FLC Staff

2021-06

A RESOLUTION OF THE FLORIDA LEAGUE OF CITIES INC., URGING CONGRESS TO SUPPORT LEGISLATION THAT MAXIMIZES THE FLEXIBILITY OF MUNICIPAL FINANCING TOOLS TO ADDRESS LOCAL INFRASTRUCTURE NEEDS.

WHEREAS, Florida faces much-needed infrastructure challenges without a dedicated source to fund improvements; and

WHEREAS, this deteriorating infrastructure impedes Florida’s ability to compete in an increasingly global marketplace; and

WHEREAS, delaying these investments only escalates the cost and risks of an aging infrastructure system, an option that Florida municipalities can no longer afford; and

WHEREAS, Sens. Michael Bennet (D-CO) and Roger Wicker (R-MS) reintroduced the American Infrastructure Bonds Act, that would create “direct pay,” taxable municipal bonds to help local governments finance critical public projects; and

WHEREAS, the American Infrastructure Bonds Act would allow state and local governments to issue direct payment bonds for any public expenditure that would be eligible to be financed by tax-exempt bonds with the U.S. Department of the Treasury paying a percentage of the bond’s interest to the issuing entity to reduce the cost for the state and local governments; and

WHEREAS, direct payment bonds are attractive to investors who do not receive the tax advantage from traditional tax-exempt bonds; and

WHEREAS, the bipartisan American Infrastructure Bonds Act would help municipal governments invest in much-needed infrastructure improvements by expanding financing options while preserving local decision-making; and

WHEREAS, Congress passed the Tax Cuts and Jobs Act in 2017, which eliminated tax- exempt advanced refunding bonds; and

WHEREAS, Congressmen Dutch Ruppersberger (D-MD) and Steve Stivers (R-OH) reintroduced the Investing in Our Communities Act, legislation that restores the tax-exemption for advanced refunding bonds; and

WHEREAS, the use of tax-exempt advance refunding bonds allows municipalities to take advantage of lower interest rates, therefore, saving taxpayer dollars; and

WHEREAS these bonds are used to support a wide range of infrastructure projects, including roads, bridges, water systems and broadband.

NOW, THEREFORE, BE IT RESOLVED BY THE FLORIDA LEAGUE OF CITIES, INC.:

Section 1. The Florida League of Cities, Inc., urges Congress to support the Investing in Our Communities Act that would restore tax-exempt advance refunding bonds.

Section 2. The Florida League of Cities, Inc., urges Congress to support the American Infrastructure Bonds Act that would expand infrastructure financing options for cities and improve the ability for cities to invest in critical infrastructure projects.

Section 3. A copy of this resolution be sent to President Joe Biden, the Florida Congressional Delegation, the National League of Cities and the membership of the Florida League of Cities, Inc.

______Antonio Ortiz, President Florida League of Cities, Inc. Commissioner, City of Orlando

ATTEST: ______Jeannie Garner, Executive Director Florida League of Cities, Inc.

Submitted by: FLC Staff

2021-07

A RESOLUTION OF THE FLORIDA LEAGUE OF CITIES INC., URGING THE FEDERAL GOVERNMENT TO TAKE ACTION TO ADDRESS PER- AND POLYFLUOROALKYL CONTAMINATION.

WHEREAS, per- and polyfluoroalkyl substances (PFAS) are a class of nearly 5,000 man-made chemicals that includes PFOA, PFOS, PFBS and GenX manufactured and used in a variety of industries; and

WHEREAS, PFAS are a group of chemicals that are pervasive in the environment, do not breakdown easily and can accumulate in people causing adverse health effects; and

WHEREAS, PFAS has contaminated Florida’s groundwater resources, including: three areas identified under the federal third Unregulated Contaminant Monitoring Rule (UCMR3) sampling of public supply wells; 22 areas identified by the Florida Department of Environmental Protection (DEP) sampling of certified fire training facilities; 27 areas identified by sampling of select State Cleanup Program sites; 15 areas identified by DEP sampling of select dry-cleaning program sites; and 20 current and former federal facilities; and

WHEREAS, in 2018 the Local Government Advisory Committee of the U.S. Environmental Protection Agency (EPA) was charged by the EPA to provide recommendations and input on the EPA’s development of a national plan to manage PFAS, and to identify specific actions and tools that states, local governments and tribal communities need to address PFAS contamination; and

WHEREAS, in 2019 EPA announced a comprehensive nationwide action plan for addressing PFAS, including identifying both short-term solutions for addressing these chemicals and long-term strategies that will help states, tribes and local government; and

WHEREAS, Congress is considering bills to increase the regulation and testing of PFAS, including the PFAS Action Act, that would require EPA to designate PFAS as hazardous substances, and the Filthy Fifty Act, which would require the Secretary of Defense to conduct testing, removal and remediation of PFAS at all military installations formerly used as defense sites, and state-owned facilities of the National Guard in the United States; and

WHEREAS, in 2021 the Division of Waste Management of the DEP introduced a dynamic plan to address the complex issues associated with PFAS, which would require coordination with other states and federal agencies.

NOW, THEREFORE, BE IT RESOLVED BY THE FLORIDA LEAGUE OF CITIES, INC.:

Section 1. The Florida League of Cities, Inc., urges Congress to adopt legislation that would address PFAS contamination on non-federal grounds.

Section 2. The Florida League of Cities, Inc., urges Congress to adopt legislation that would exempt local governments and ratepayers from financial liability for PFAS contamination cleanup costs because local governments served as receivers of PFAS chemicals and did not cause or contribute to the contamination.

Section 3. The Florida League of Cities, Inc., urges the federal government to coordinate with the DEP to continue the cleanup efforts on federal military sites, and to provide technical and financial assistance to communities for testing, monitoring, mapping, public education, water supply treatment, and pursuit of alternative water supplies if necessary.

Section 4. A copy of this resolution be sent to President Joe Biden, the administrator of the U.S. Environmental Protection Agency, the Florida Congressional Delegation, the National League of Cities and the membership of the Florida League of Cities, Inc.

______Antonio Ortiz, President Florida League of Cities, Inc. Commissioner, City of Orlando

ATTEST: ______Jeannie Garner, Executive Director Florida League of Cities, Inc.

Submitted by: FLC Staff

2021-08

A RESOLUTION OF THE FLORIDA LEAGUE OF CITIES, INC., URGING CONGRESS AND THE ADMINISTRATION TO WORK WITH CITIES TO REBUILD AND STRENGTHEN AMERICA’S INFRASTRUCTURE.

WHEREAS, municipalities of all sizes own, zone and maintain a significant portion of America’s critical infrastructure; and WHEREAS, as Florida’s population continues to grow, investing in infrastructure for transportation, water and broadband access is essential to Florida’s prosperity; and WHEREAS, the lack of federal investment in Florida’s transportation system continues to adversely impact cities, which are the economic engines of our state; and

WHEREAS, an estimated $48 billion is needed over the next 20 years to meet Florida’s needs for drinking water, wastewater, flood control, nutrient pollution, Everglades restoration and beach and inlet erosion; and

WHEREAS, making broadband more accessible, reliable and affordable in underserved or unserved areas can dramatically improve the quality of life for Floridians.

NOW, THEREFORE, BE IT RESOLVED BY THE FLORIDA LEAGUE OF CITIES, INC.: Section 1. The Florida League of Cities, Inc., strongly urges Congress and the Administration to support an infrastructure package that makes a significant federal commitment in strengthening the nation’s transportation, water and broadband infrastructure and specifically: • Directs federal funding to the Surface Transportation Block Grant program and other safety and technology grant programs that are accessible to all cities, towns and villages; • Provides financing, funding and flexibility to meet Florida’s growing water infrastructure needs and address the impacts of climate change; and • Invests in urban and rural broadband infrastructure to close the digital divide and remove obstacles to municipal, public-private and co-op-provided broadband. Section 2. The Florida League of Cities, Inc., strongly urges Congress and the Administration to partner directly with local governments, who are closest to their citizens, as full stakeholders in all federal programs that impact their communities. Section 3. A copy of this resolution be sent to President Joe Biden, the Florida Congressional Delegation, Florida Governor Ron DeSantis, the National League of Cities and the membership of the Florida League of Cities, Inc.

______Antonio Ortiz, President Florida League of Cities, Inc. Commissioner, City of Orlando

ATTEST: ______Jeannie Garner, Executive Director Florida League of Cities, Inc.

Submitted by: FLC Staff

PROCEDURES FOR ADOPTING THE FLC LEGISLATIVE ACTION AGENDA

LEGISLATIVE COMMITTEE PROCEDURE:

The Legislative Committee is charged with reviewing the work of the five legislative policy committees. The League's 1st Vice President will preside over the meeting and the following procedure will be used to review and adopt the Legislative Action Agenda:

 Each policy committee chair will be asked to present their committee’s priority to the Legislative Committee.

 Each policy committee chair may also submit for approval by the Legislative Committee one policy position on another issue of importance to the policy committee.

 After each legislative policy committee report, the chair will accept questions from the Legislative Committee and/or the audience.

 Following a question and answer period, the chair will accept, if needed, a motion to limit debate.

 The chair will then accept a motion to adopt (with a second and discussion) the policy committee’s report (as amended). This procedure will be repeated for each policy committee presentation.

The Legislative Committee Chair shall report the actions of the committee during the business session. The proposed Legislative Action Agenda, as adopted by the Legislative Committee, will be posted on the FLC website and projected on a large screen in the meeting room. As was the procedure during the Legislative Committee, the audience will be provided an opportunity to ask questions.

BUSINESS SESSION PROCEDURES:

 The President will preside over the Business Session and shall call on the Chair of the Legislative Committee to present the proposed Legislative Action Agenda as recommended by the Legislative Committee.

 The Legislative Committee Chair will present each policy committee priority statement and move for its adoption.

 The President will call for a second and an opportunity for discussion by the membership of the proposed priority statement. Following this, a consensus voice vote will be taken. This procedure will be used for each priority statement.

 If the consensus vote is challenged, the President will call for a short recess and the League staff will prepare for a recorded voting procedure. (see attached)

 After all amended sections have been considered and adopted, the President will call for adoption of Legislative Action Agenda by the membership present.

APPENDIX - PROCEDURE FOR DIVIDED HOUSE

EXPLANATION:

During the Business Session of the Annual Conference, the League President will ask the membership present to adopt the Legislative Action Agenda. This action does not require the appointment of voting delegates (as does the annual convention's business session), but it does create the possibility of a divided house, meaning that a voice vote did not determine a clear "will" of the membership present. This has not happened in recent League history, but it does need to be planned for in advance.

PROCEDURE:

 Upon the President's determination of a divided house (being that a voice vote did not indicate sufficient support for adoption of the Legislative Action Agenda), the President will call for a brief (15 min.) recess so city officials may confer with others from their own councils. Some cities will have only one person present; some may not be represented at all.

 The cities will be directed to select a representative from their council and take a position amongst them on the adoption of the Legislative Action Agenda. If a city wishes to record its divided vote, it may do so. If a city cannot come to agreement on selecting a representative or taking a position, the League will not record their position.

 The President would then call the Business Session back into session and ask that, by voice vote, the city representatives indicate their votes. If the vote is still divided, the city representatives would then come to a table staffed by League staff and record their vote. Only if it were necessary (in the case of a tie) would a weighted vote be taken.

 If the President determines there is dissension among the city officials in regards to a particular section of the Legislative Action Agenda, he shall call upon the Chair of the appropriate policy committee to take questions and help guide the discussion.

Again, this process is provided for explanation but it is not expected to occur.

Priority and Policy Position Recommendations

Finance, Taxation & Personnel • Priority: Communication Services Tax Reform • Policy Position: Local Business Tax Preservation

Land Use & Economic Development • Priority: Economic Development Incentives • Policy Position: Annexation

Municipal Administration • Priority: Short-Term Rentals • Policy Position: Cybersecurity

Transportation & Intergovernmental Relations • Priority: Transportation Funding • Policy Position: Affordable Housing

Utilities, Natural Resources & Public Works • Priority: Tree Protection • Policy Position: PFAS

Communications Services Tax Reform

Priority Statement: The Florida League of Cities SUPPORTS reforming the Communications Services Tax in a manner that is revenue neutral; provides for a broad and equitable tax base; provides for enhanced stability and reliability of an important revenue source for municipalities; and provides for a uniform taxing method. Reform should promote a competitively neutral tax policy that will free consumers to choose a provider based on tax-neutral considerations.

Background: In 2000, the Florida Legislature restructured taxes and fees on telecommunications, cable, direct- to-home satellite and related services under the Communications Services Simplification Act. The Act replaced and consolidated seven different state and local taxes and fees into a single tax that has two centrally administered parts, the state and the local communications services tax (CST). The intent of this legislation was to provide a fair, efficient and uniform method for taxing communications services sold in Florida, including a competitively neutral tax policy for consumers.

The CST applies to telecommunications, video, direct-to-home satellite, and related services. The definition of communications services encompasses voice, data, audio, video, or any other information or signals transmitted by any medium. The tax is imposed on retail sales of communications services which originate and terminate in the state, or originate or terminate in the state and are billed to an address within the state. The tax is comprised of two parts: the Florida CST and the local CST.

The local CST is one of the main sources of locally levied general revenue for municipalities, providing them with $373 million annually. Counties collect almost $200 million a year. The State of Florida collects approximately $687 million, including direct-to-home satellite. The state shares a portion of direct-to-home satellite revenues with cities through the Municipal Revenue Sharing Program and Local Half-Cent Sales Tax Program. These revenues may be used for any public purpose, including pledging the revenues to secure bonds.

Contact: Amber Hughes, Sr. Legislative Advocate – 850.701.3621 – [email protected]

Local Business Tax Preservation

Policy Position Statement: The Florida League of Cities SUPPORTS legislation that preserves general revenues collected from the local business tax. These revenues are used to fund essential municipal services such as public safety and constructing and maintaining roads and bridges, public parks and open spaces. Maintaining a diversified revenue base also strengthens the fiscal stability of municipalities and improves their respective ability to serve citizens and businesses.

Background: Currently, a municipality may impose a local business tax for the privilege of engaging in or managing a business, profession or occupation within its jurisdiction. The amount of the tax, as well as the occupations and businesses on which the tax is imposed, is determined by the local government. Local business tax revenues collected by municipalities are used to assist funding of services critical to business, such as zoning, permitting, code enforcement, and police and fire.

Local governments may also use business tax revenues to help fund other vital services, such as economic development programs that present a direct benefit to businesses through the marketing of local areas. These revenues may be used for any public purpose, including pledging the revenues to secure bonds. Collections for municipal local business tax revenues are approximately $163 million annually. Reducing this important source of general revenue would require municipalities to increase taxes, fees and millage or cut services to make up for this financial loss.

Contact: Amber Hughes, Sr. Legislative Advocate – 850.701.3621 – [email protected]

Economic Development Incentives

Priority Statement: The Florida League of Cities SUPPORTS legislation and policies that encourage coordination among Enterprise Florida, the Department of Economic Opportunity, other state agencies and cities to promote local economic development by providing increased funding, technical assistance, and increased collaboration between the state and cities on offering incentives that maximize economic development opportunities for retention, expansion, and attraction, and building sustainable economic resiliency.

Background: Over the past year, many businesses in Florida located in our cities have been dramatically impacted by the COVID-19 pandemic. As the Federal Government and the Florida Legislature focus on restarting the economy, it is key to point out that many businesses in Florida still require assistance. Economic development continues to be an important focus for our local communities. Cities want to see Florida lead the country in business assistance and incentive programs, which can have a significant impact on the cost of doing business by reducing both startup and operational costs. Florida’s cities will continue to engage stakeholders by looking to develop partnerships and strategies on how best to accomplish the task of getting Florida’s economy to lead the nation.

Contact: David Cruz, Legislative Counsel – 850.701.3676 – [email protected]

Annexation

Policy Position Statement: The Florida League of Cities SUPPORTS legislation that facilitates the municipal annexation of unincorporated areas, while protecting private property rights and respecting municipal boundaries.

Background: In Florida, there are four ways in which an annexation may take place: by special act of the Legislature, a voluntary annexation, an involuntary annexation, or by interlocal agreement with a county.

Under the Florida Constitution, the legislature has the authority to develop procedures for the municipal annexation of unincorporated territory by general or special law. In 1974, the “Municipal Annexation or Contraction Act” was passed, providing a mechanism for municipalities to annex territory or recede from territory by contraction. This act allowed municipalities to annex territories that are “contiguous, compact, unincorporated and developed for urban purposes”.

The current annexation process makes it difficult for cities to annex certain unincorporated enclaves and unincorporated areas where city services are already being provided. Current law requires that if more than 70 percent of the land in the area proposed to be annexed is owned by individuals, corporations, or legal entities that are not registered electors of the area, the area cannot be annexed without the approval of at least 50 percent of the owners. Additionally, a vote of electors of the area proposed to be annexed is not required if the area does not have any registered voters.

In some cases, the process of taking a vote of the electors of the area proposed to be annexed prior to annexation has frustrated annexation efforts to the detriment of property owners desiring to be annexed.

During the 2017 Legislative Session, a bill was proposed that would have removed the requirement for a city to get permission “from at least 50 percent of owners in an area proposed to be annexed, when more than 70 percent of the land is owned by individuals, corporations, or legal entities”. Additionally, the legislation would have allowed for an area to be annexed without a vote of the electors if there are no registered electors that own property in the area proposed to be annexed on the date the ordinance is adopted. Ultimately, the 2017 legislation failed to pass the legislature.

Contact: David Cruz, Legislative Counsel – 850.701.3676 – [email protected] The League will support legislation that facilitates the annexation of enclaves, gives property owners an adequate voice in the annexation of their properties and requires any contraction or de-annexation initiated by special act to be agreed to by each of the municipalities involved.

Contact: David Cruz, Legislative Counsel – 850.701.3676 – [email protected]

Short-Term Rentals

Priority Statement: The Florida League of Cities SUPPORTS legislation that restores authority to local governments for the regulation of short-term rental properties as necessary for quality of life, public safety and a fair lodging marketplace. The Florida League of Cities SUPPORTS legislation clarifying that existing, grandfathered municipal short-term rental ordinances can be amended without penalty. The Florida League of Cities OPPOSES legislation that preempts municipal authority as it relates to the regulation of short-term rental properties.

Background:

• Cities were preempted from regulating short-term vacation rentals in 2011. Cities with an existing ordinance at that time were “grandfathered” and allowed to keep what was already in place.

• Cities without an ordinance lost the ability to regulate the location of these properties resulting in a proliferation of short-term rentals in areas that had traditionally been long-term residential neighborhoods.

• Currently available solutions for cities are inadequate and will not solve the problems that many communities are facing.

• The restoration of zoning authority will allow cities to implement smart, targeted solutions to problems caused by vacation rentals and will ensure the preservation of traditional residential communities and neighborhoods.

Contact: Tara Taggart, Legislative Policy Analyst – 850.701.3603 – [email protected]

Cybersecurity

Policy Position Statement: The Florida League of Cities SUPPORTS legislation dedicating state resources for the development and enhancement of municipal cybersecurity by providing funding for technical assistance, threat assessments, employee training, infrastructure improvements and data protection, including the protection of exempt and confidential information such as law enforcement personnel information and security plans for government buildings and other key critical infrastructure.

Background:

• Local governments are routinely entrusted with gigabytes of personally identifiable, confidential, and proprietary information about the businesses and citizens who live and operate within their jurisdictions. A number of high-profile cyber-incidents in the public sector have highlighted the emerging challenges that cities face in protecting these data.

• The “hidden” impact on local government operations when a system is compromised, whether it is longer response times for police and fire personnel, delays in service delivery to utility customers, or holdups in the permitting process for businesses, may be more significant than any ransom payment. The loss of personally identifiable, confidential, and proprietary information about businesses and citizens has its own costs, but also contribute to the public losing trust in its government.

• Local governments need help from the state in three primary areas: technical assistance, training, and infrastructure improvements. Outside experts should be retained to conduct threat assessments to identify operational and system vulnerabilities so that all are addressed before they are exploited. Local governments should increase training for employees, emphasize the importance of being a cyber- aware organization, and develop response plans in the event of a security breach. Finally, many cities and counties must devote resources to improving critical cyber- infrastructure to ensure that hardware and software are impenetrable.

• During the 2021 Legislative Session the legislature allocated funding and resources for the Florida Digital Service to ensure the state is working on its critical infrastructure and cyber hygiene. Going forward, the League encourages the legislature to work with local governments and other partners so data and other critical infrastructure can be protected.

Contact: Tara Taggart, Legislative Policy Analyst – 850.701.3603 – [email protected]

Transportation Funding

Priority Statement: The Florida League of Cities SUPPORTS legislation: • directing the Florida Department of Transportation to establish a grant program to provide financial assistance for the installation of publicly available electric vehicle charging infrastructure on public or private property; • providing technical assistance for the development and adoption of local or regional plans for charging infrastructure and associated equipment; and • identifying additional transportation revenue to support innovative infrastructure and transit projects to meet the surging transportation demands driven by dramatic growth throughout Florida.

Background:

• Transportation infrastructure is paramount to the prosperity of all cities. It greatly affects quality of life by influencing people's decisions about where to live, work and spend their free time.

• While federal, state and county governments have a variety of tools available to address transportation funding, municipalities have limited revenue options for funding transportation projects. For example, charter counties may currently hold a referendum on whether to impose up to a 1 percent sales tax to fund transportation infrastructure projects.

• Electric vehicle use in Florida is on the rise and having the necessary infrastructure will help Florida keep pace with this growing industry.

• Transportation projects are often the catalyst for economic development and the result of growth within a community. As municipalities lack options to increase revenue and continue to struggle to fund local transportation projects, increased and alternative funding sources at the state level are a necessity.

Contact: Jeff Branch, Sr. Legislative Advocate – 850.701.3655 – [email protected]

Affordable Housing

Policy Position Statement: The Florida League of Cities SUPPORTS legislation that requires all money from the Sadowski State and Local Housing Trust Fund be used only for Florida’s affordable housing programs, targeted to meet the needs of workforce housing, including low income, very low income, and disabled persons, for both home ownership and rental unit availability.

Background: In 1992, the Florida Legislature enacted the Sadowski Act (the Act) to ensure a dedicated revenue source for affordable housing. The source of funding is the documentary stamp tax collected on the transfer of real property in Florida. The Act creates two separate trust funds under the umbrella of the affordable housing trust, the State Housing Trust that funds housing programs statewide and the Local Government Housing Trust that funds two programs: the State Housing Initiatives Program (SHIP) and State Apartment Incentive Loan program (SAIL). The funding for these two trust funds were purposefully linked to documentary stamp tax collections so trust fund dollars would increase as real estate costs escalated, thus providing more affordable housing funding when it was most needed. And it is definitely needed now.

Contact: Jeff Branch, Sr. Legislative Advocate – 850.701.3655 – [email protected]

Tree Protection

Priority Statement: The Florida League of Cities SUPPORTS legislation to close loopholes and create standards in current law exemptions from municipal tree ordinances that have caused litigation and abuses, including the clearcutting of land pre-development and the removal of healthy trees that present little, if any, risk to persons or structures. Current law should be amended to apply only to developed, single-family residential property, identify industry-appropriate standards for assessing tree risk, and identify necessary documentation.

Background: Local government tree ordinances ensure the maintenance of healthy trees and canopies that are beneficial for habitat, climate adaptation and mitigation, nutrient uptake and filtration, stormwater management, open space, quality of life and community character.

In 2019, in the wake of several hurricanes that caused extensive vegetation damage, the legislature passed a bill that was intended to provide residential homeowners flexibility to quickly address immediate hazards to their homes caused by storm-damaged trees. The bill created section 163.045, F.S., which exempts homeowners from obtaining prior authorization from a local government before pruning or removing these immediate hazards. Specifically, the statute provides that a local government may not require a notice, application, approval, permit, fee, or mitigation for the pruning, trimming, or removal of a tree on residential property if the property owner obtains documentation from an arborist certified by the International Society of Arboriculture or a Florida licensed landscape architect that the tree presents a danger to persons or property.

Key terms in this new statute are vague and undefined, which has led to conflicts and litigation since it became law.

• “danger” is not a term used or commonly understood by industry professionals (arborists and landscape architects); • “residential property” is vague; some claim the term applies to vacant or undeveloped land that is simply zoned for residential use, as well as commercial property; • “documentation” is vague and does not clearly require a physical inspection by the professional in accordance with any professionally recognized standards.

Contact: Rebecca O'Hara, Deputy General Counsel – 850.701.3692 – [email protected]

While repealing the statute is unlikely, property owners, arborists, landscape architects, and local governments would benefit by clarifying ambiguities in the statute that have caused conflicts. The League worked with the Florida Society of Landscape Architects and the Florida Chapter of the International Society of Arboriculture on specific recommendations for clarification. SB 916 (Brodeur), which was filed for the 2021 Session but did not pass, represents the work product of these organizations. The League will work with these organizations again in the 2022 Session to pass similar legislation.

Contact: Rebecca O'Hara, Deputy General Counsel – 850.701.3692 – [email protected]

Per- and Polyflouro Alkyl Substances (PFAS)

Policy Position Statement: The Florida League of Cities SUPPORTS legislative action to address growing concerns about PFAS in soil and water, including: the establishment of science-based cleanup target levels in conjunction with the Environmental Protection Agency; resources for testing and research; public education and risk assessment guidelines; liability protection for entities who have legally used PFAS for fire suppression or have passively received PFAS; and the development of cost-effective and risk-based corrective strategies for PFAS.

Background: PFAS are chemicals commonly found in thousands of households, commercial, industrial, and medical products, from stain repellants to nonstick cookware. These chemicals have been used lawfully for years and, in some cases, their use is required by law. For example, PFAS is a necessary component in the foam used for firefighting at airports, required by the FAA.

PFAS are pervasive, never fully degrade and tend to stick around in the environment. There is growing concern about the public health impact of PFAS – what it does and at what levels it may cause harm. Public pressure is growing for state and federal agencies to do something and to do it quickly. The Environmental Protection Agency (EPA) began monitoring PFAS in 2013 but is now moving quickly to establish regulations and maximum contaminant levels for PFAS. In 2016 EPA issued a Health Advisory Level (HAL) of 70 parts per trillion (ppt) for PFAS. A HAL is intended as an unenforceable, non-regulatory target designed to “inform” the public but in practice, the HAL for PFAS has become a de-facto standard. EPA has a “PFAS Action Plan” identifying various strategies, including plans to develop a “Maximum Contaminant Level” (MCL) for PFAS. MCL’s are regulatory in nature and enforceable.

The Florida Department of Environmental Protection (DEP) has initiated regulatory action on certain property owners and facilities based on the provisional HAL of 70 ppt -- even though the agency has not engaged in rulemaking, as required by law, to establish a legal standard for PFAS.

There are no validated EPA methods for analyzing PFAS in soil, ground- or surface water, and there are no approved remedial technologies (carbon filtration is really the only available option and it’s very expensive). The testing and assessment for PFAS are expensive and require local governments to hire costly environmental consultants. If PFAS levels are discovered at 70 ppt or greater, local governments are forced to undertake additional and costly measures, such as closing drinking water wells, installing costly carbon filters at wellheads, or providing bottled water to residents.

Contact: Rebecca O'Hara, Deputy General Counsel – 850.701.3692 – [email protected]

Lawsuits are being filed against the companies that manufacture and market PFAS. Multiple local governments in Florida have joined such lawsuits as class action plaintiffs. At some point, lawsuits may get filed against the owners of properties or facilities where PFAS has migrated or where it is used or stored. These owners may be cities, airports, seaports, dry cleaners, solid waste management facilities, and many other businesses.

Bills introduced in the 2020 legislative session would have required notification of adjacent property owners if PFAS was detected and provided protection under the Brownfields Program for the lawful use of PFAS. Bills introduced in the 2021 session would have required DEP to adopt rules establishing maximum contaminant levels for PFAS in soil and groundwater, provided liability protection to property owners cooperating in good faith with regulatory agencies for testing and remediation, and directed DEP to develop strategies for risk assessment, public education and funding for remediation.

Contact: Rebecca O'Hara, Deputy General Counsel – 850.701.3692 – [email protected]

Nominating Committee Report

Candidate for President • Commissioner Phillip E. Walker, Lakeland

Candidate for First Vice President • Councilwoman Jolien Caraballo, Port St. Lucie

Candidate for Second Vice President • Mayor Greg Ross, Cooper City

Candidates for District Directors

District 1 • Mayor Pro Tem William Schaetzle, Niceville • Mayor J.B. Whitten, Crestview

District 2 • Councilmember Jake Hill, Lake City

District 3 • Mayor Robert Apgar, DeLand • Mayor Bill Partington, Ormond Beach

District 4 • Mayor Carol McCormack, Palm Shores • Vice Mayor Dominick Montanaro, Satellite Beach

District 5 • Mayor Louie Davis, Waldo • Councilmember Cal Rolfson, Mount Dora

District 6 • Commissioner Joseph McMullen, Oakland • Commissioner Rosemary Wilsen, Ocoee

District 7 • Vice Mayor Sam Fite, Bowling Green • Vice Mayor Marlene Wagner, Lake Hamilton

District 8 • Commissioner Jamie Robinson, Largo • Mayor Tyler Payne, Treasure Island

District 9 • Councilwoman Susan Gibbs Thomas, Indiantown

District 10 • Commissioner Brian Williams, Palmetto

District 11 • Councilman Fred Forbes, Bonita Springs

District 12 • Vice Mayor Kimberly Glas-Castro, Lake Park • Vice Mayor Lawrence Gordon, Haverhill • Councilman Jeff Hmara, Royal Palm Beach

District 13 • Commissioner Traci Callari, Hollywood • Vice Mayor Bob Mayersohn, Parkland • Commissioner Gary Resnick, Wilton Manors • Commissioner Todd Drosky, Deerfield Beach • Commissioner Iris Siple, Pembroke Pines • Councilwoman Susan Starkey, Davie • Vice Mayor Beverly Williams, Lauderdale Lakes

District 14 • Mayor Juan Carolos “JC” Bermudez, Doral • Mayor Joseph Corradino, Pinecrest • Mayor Rodney Harris, Miami Gardens • Councilmember Crystal Wagar, Miami Shores

10 Most Populous City Seats • Jacksonville – Council Vice President Samuel Newby • Miami – Commissioner Ken Russell • Tampa – Council Member Joseph Citro • St. Petersburg – Mayor Rick Kriseman • Orlando – Commissioner Robert Stuart • Hialeah – Mayor Carlos Hernandez • Tallahassee – Mayor John Dailey • Fort Lauderdale – Vice Mayor Heather Moraitis • Port St. Lucie – Councilwoman Stephanie Morgan • Cape Coral – Mayor John Gunter

All Past Presidents Who are Still in Elected Office • Commissioner Scott Black, Dade City • Mayor Frank Ortis, Pembroke Pines • Mayor Joy Cooper, Hallandale Beach • Mayor Pat Bates, Altamonte Springs • Commissioner Matthew Surrency, Hawthorne • Commissioner Leo E. Longworth, Bartow • Council Member Isaac Salver, Bay Harbor Islands • Commissioner Tony Ortiz, Orlando

Elected Officials Who Have Been in Elected Office for 50 or More Years • Commissioner Roy Shiver, Florida City

FCCMA Non-Voting Member (Ex-Officio Member) • Micah Maxwell, Assistant City Manager, Clearwater