2020 Legislative Wrap-Up

Prepared by The Southern Group and City of Lakeland

July 20, 2020 I. Community Development

A. Affordable Housing – SHIP & SAIL

Position: Support increased funding of the State’s SHIP and SAIL programs in the 2020-21 Budget. Identify opportunities to reduce the shortfall in low income housing units in Lakeland.

Final Action: For the first time in many years, the fully funded the Sadowski Trust Fund. The 2020-21 Budget contained $370,000,000 for affordable housing funding in Florida. Of that amount, $115,000,000 is allocated to State Apartment Incentive Loan Program, $225,000,000 for State Housing Initiatives Partnership and $30,000,000 set aside for Hurricane Michael recovery efforts in the Florida Panhandle. The Budget was signed by Governor DeSantis on June 29th, and went into effect on July 1st. In his veto message, the Governor vetoed the $225M for the SHIP Program, returning those funds to the Local Government Housing Trust Fund, to be used at a later date, due to the introduction of Federal funds.

On Thursday, June 25th, Governor DeSantis announced that he was directing $240,000,000 in Federal CARES Act funding to be used for rental and mortgage assistance for families impacted by COVID-19. The funds will be split into 2 pots of $120M each. The first pot, Rental Assistance for Affordable Housing Tenants, will provide assistance for households (backdated to April) in multifamily rental properties in the FHFC’s portfolio. The second pot of money, Rent & Mortgage Assistance, will provide funds to counties based on their reemployment assistance rate during the disbursement period. The funds can be used for rental and homeowner assistance services, including construction, rehabilitation, mortgage buy-downs, down- payment and closing costs. Per CARES Act rules, funds that are not spent by December 31st will revert back to the U.S. Treasury.

A special session to address the Budget is possible after the November election. Continued advocacy is needed to demonstrate the need for funds which have different eligible activities than those of the Federal CARES Act funds.

In addition, HB 1339, by Rep. , provides greater flexibility to cities and counties is the provision allowing them to approve development of affordable housing on any parcel zoned residential, commercial or industrial, without the need for rezoning. The bill also requires cities to fully offset costs to developers if a linkage is assessed for an affordable housing project. HB 1339 passed the House 101-10 and the Senate 39-0. The bill was signed by Governor DeSantis on June 9th, and went into effect on July 1st.

1. B. Impact Fees

Position: Oppose HB 637 and SB 1066 which would place further restrictions on the implementation of impact fees by cities and counties.

Final Action: HB 637 by Rep. Nick DiCeglie and SB 1066 by Senator prohibits new or increased impact fees from applying to current or pending permit applications. Other provisions that would have limited permissible expenditures of impact fee revenues and created impact fee review panels were removed before final passage. SB 1066 passed the House, 81-37 and the Senate 36-0. SB 1066 was sent to Governor DeSantis and signed into law on June 20, 2020. The bill went into effect on July 1st.

C. Florida Polytechnic University

Position: Support Florida Polytechnic University’s 2020-21 operational funding requests, as well as the $12 million Applied Research Center PECO project.

Final Action: The 2020-21 Budget contained $40,461,961 for Florida Polytechnic University. The base funding will allow the University to continue to expand its student population. Unfortunately, despite being the top- ranked project on the BOG PECO list, Florida Poly did not receive PECO funds for the new Applied Research Center. Construction is underway, and funds will be needed in the 2021 Session to complete the project. The Budget was signed by Governor DeSantis on June 29th and goes into effect July 1st.

Legislatively, Florida Polytechnic was faced with a bill that sprang up in the House during Session that would have ‘merged’ the University with the University of Florida. HB 7087, by Rep. , passed two committees, but was not brought up for a vote on the House Floor. No Senate companion bill was filed. The bill died at the end of Session.

D. Polk State College

Position: Support Polk State College’s 2020-21 operational funding requests, as well as their $16 million PECO project.

Final Action: The Budget did not contain dollars for capital PECO projects for Polk State. The 2020-21 Budget contained $32,943,228 in base funding for Polk State College, an increase of more than $2M from the previous year. The Budget was signed by Governor DeSantis on June 29th and goes into effect July 1st.

2. II. Municipal Finance

A. Communications Services Tax

Position: Oppose HB 701 and SB 1174 which seek to reduce the amount that municipalities collect from the Communications Services Tax.

Final Action: HB 701 and SB 1174 would have reduced the local CST rate to 5% in 2021 and then down to 4% the following year. The bills would have also repealed the local option sales surtax conversion levied on communications services. The Revenue Estimating Conference determined the bills would cost local governments up to $190M in lost revenue, annually. Fortunately, the bills were not heard in committee and were not added to the Tax Package. The bills died at the end of Session.

B. Local Business Tax

Position: Oppose legislation which would place restrictions on the authority of municipalities to collect or spend Local Business Taxes.

Final Action: No legislation was filed to directly restrict the collection or spending of local business taxes.

HB 3, by Rep. Michael Grant, would have preempted the licensing of certain occupations to the State, thereby reducing the collection of taxes from specified businesses. HB 3 passed the House 78-40, but the Senate companion, SB 1336 by Senator Keith Perry, did not make it out of its second committee of reference. The bills died at the end of Session.

C. Commercial Lease Sales Tax

Position: Monitor legislation which would decrease or eliminate the sales tax on commercial leases.

Final Action: HB 7097, by Rep. , was the House’s Tax Package for 2020. In its original proposal, the bill reduced the tax rate on rental of commercial real estate from 5.5% to 5.%, beginning January 1, 2021. However, this provision did not make it into the final, negotiated Tax Package. HB 7097 passed the Senate 36-2 and the House 104-8. HB 7097 was signed into law by Governor DeSantis on April 8th and went into effect July 1st.

3. D. Florida Sports Development Program

Position: Oppose HB 1369 and HB 6057 which would repeal Florida’s Sports Development Program.

Final Action: HB 1369, by Rep. Cary Pigman, and HB 6057, by Rep. Bryan Avila, would have repealed Florida Statutes relating to professional sports franchises, as well as Spring Training facilities, including Joker Marchant Stadium in Lakeland. The bills would have prohibited the use of state and local funding for the construction, or improvement, of facilities for sports franchises and would have required that any lease or sale of land for a sports facility must be at fair market value. Both bills passed their committees, but, since there were no Senate companion bills filed, neither were heard on the House Floor. The bills Died at the end of Session.

4. III. Municipal Governance

A. Municipal Election Dates

Position: Oppose legislation dictating when municipal governments can hold their elections.

Final Action: No legislation filed to mandate specific dates for municipal elections.

B. Building Inspector Certifications

Position: Support legislation which increases the pool of qualified candidates for building code inspector and plans examiner certification.

Final Action: No legislation filed to increase the pool of qualified candidates for building code inspectors.

C. Public Broadband Access

Position: Oppose legislation which would restrict the authority of municipalities to provide, or partner with internet service providers to provide, public broadband to its citizens and business community. Monitor SB 1166 which would allocate funding for broadband infrastructure projects within the multiuse corridors.

Final Action: No legislation filed to restrict the authority of cities to provide public broadband to its citizens and business community.

HB 969, by Rep. , and SB 1166, by Senator , designates the Department of Economic Opportunity as the lead agency for the expansion of broadband internet service in Florida. The bill also allocates $5M per year from M-CORES funding to projects that will assist in development of broadband service in rural areas along the M-CORES routes. HB 969 passed the House 114-0 and the Senate 37-0. The bill was signed by Governor DeSantis on June 9th and went into effect on July 1st.

5. IV. Law Enforcement & Medical Services

A. School Safety

Position: Support increased funding of the Safe Schools Allocation to include charter schools, as well as increased funding and flexibility for City Police Department officers to provide for safety of schools and students.

Final Action: The 2020-21 Budget contains $180,000,000 for the Safe Schools Allocation, which requires school districts to prioritize funding for safe school officers. This is the same amount as current year. There was an additional $41,500,000 in 2019-20 unspent funds for the Aaron Feis Guardian program. Legislators intended those funds for training during FY 20-21, however, Governor DeSantis vetoed the line item when he signed the Budget on June 29th.

HB 7065, by Rep. and SB 7040, by Senator Manny Diaz, contained this year’s recommendations of the Marjory Stoneman Douglas Public Safety Commission which sought to strengthen school mental health coordination and safety oversight and accountability. Although HB 7065 passed both Chambers, the House and Senate were unable to reach final agreement and the bill died at the end of Session.

B. Automated Traffic Enforcement Systems

Position: Oppose HB 6083 which seeks to repeal the Mark Wandall Traffic Safety Statute.

Final Action: HB 6083, by Rep. , would have repealed the statutes authorizing local governments to install and maintain red light camera programs after July 1, 2023. The bill would have preempted to the State the regulation of the use of cameras for enforcing the Uniform Traffic Control law. HB 6003 passed one committee, but went no further, and no Senate bill was filed. The bill died at the end of Session.

C. Cannabis

Position: Monitor legislation that would provide for uniformity of enforcement procedures for the adjudication of violations related to the possession of small amounts of cannabis.

Final Action: No legislation filed relating to uniformity of punishment for possession of small amounts of cannabis. 6. V. Parks & Recreation, Library Services and Convention Facilities

A. Lakeland Se7en Wetlands

Position: Support HB 2467 which seeks $2,000,000 for the City of Lakeland’s Se7en Wetlands Educational Center project in the 2020-21 Budget.

Final Action: The 2020-21 Budget included $400,000 for City of Lakeland’s Se7en Wetlands project. Rep. filed a Budget Bill, HB 2467, and was able to secure funding for the park project. The Budget passed the Senate 38-0 and the House 106-2. Governor DeSantis signed the Budget on June 29th and released his veto list. Unfortunately, the Se7en Wetlands funding was vetoed, along with an additional $1 billion in projects and programs.

B. FRDAP Funding

Position: Support funding of the Large Project Funding FRDAP Grant Program in the 2020-21 Budget to include $400,000 for the Lake Crago Park projects.

Final Action: For the first time in many years, the Legislature fully funded the FRDAP Grant Program funding lists in the Budget. Unfortunately, the two Lake Crago Park projects were not submitted this year. However, once again, funding was not included in the final Budget for any FRDAP projects, large or small. Governor DeSantis signed the Budget on June 29th and it went into effect on July 1st.

C. State Library Aid Funding

Position: Support the Florida Library Association in their position to increase the State Aid Funding to the historical amount of $33 million. Support continued funding of the Library Cooperative Grant Program at $2 million.

Final Action: The 2020-21 Budget contained $17,500,000 for State Aid Funding for Public Libraries, as well as $2,000,000 for the Library Cooperative Grant Program. In addition, $1,000,000 was provided for Library Construction Grants. The Budget passed the Senate 32-0 and the House 104-0. Governor DeSantis signed the Budget on June 29th and released his veto list. Unfortunately, both the Library Cooperative Grant Program and the Construction Grants funding were vetoed, along with an additional $1 billion in projects and programs.

7. VI. Transportation

A. I-4 / State Rd. 33 Interchange Funding

Position: Support inclusion of the construction phase for Interstate 4 / State Road 33 interchange in the DOT’s SIS 2040 Cost-Feasible Plan.

Final Action: The 2020-21 Budget does not contain dollars for the I-4 / State Road 33 interchange. City officials met with FDOT Secretary Kevin Thibeault during Session to discuss the project and efforts that are underway with the Polk Transportation Planning Organization and DOT District One. Secretary Thibeault indicated that advancing the timeline for construction was a reasonable option. City staff submitted more detailed information to the Secretary’s office for further consideration.

The Polk TPO adopted the construction phase for this interchange reconstruction project as its top countywide transportation priority at its June 25, 2020 meeting. The attached priority listing has been provided to the FDOT for use in the development of its Five-Year Work Program, which becomes effective on July 1, 2021.

B. Municipal Airport Construction Engineering Inspection

Position: Support HB 1441 and SB 1380 which would exempt airports from duplicative construction engineering inspection requirements.

Final Action: HB 1441, by Rep. , and SB 1380, by Senator Ben Albritton, were filed on behalf of Lakeland Linder Airport and would have exempted airports from a provision passed in 2019 that prohibited entities from providing both design services and construction engineering and inspection services. With the bills not moving in the committee process, the exemption language was included in the DOT packages, HB 395 and SB 1172, but those bills did not ultimately pass either. The bills died at the end of Session.

8. VII. Electric & Water/Wastewater Utilities

A. Municipal Electric Utilities

Position: Oppose HB 653 which prohibits municipal electric utilities from returning profits to their local government for city services.

Final Action: HB 653, by Rep. , would have prohibited municipal electric utilities from using revenues generated by the utility to finance general government operations. It provided that revenues must be used exclusively for utility operations or infrastructure improvements. No Senate companion bill was filed and HB 653 was never heard in committee. The bill died at the end of Session.

B. Water Resources & Wastewater Discharge

Position: Support HB 147 and SB 690 requiring DEP to conduct a state- wide water needs assessment. Monitor HB 1343 and SB 712 relating to water quality and septic oversight conversion. Monitor HB 715 relating to potable reuse as an alternative water supply and prohibiting discharge of effluent to surface waters.

Final Action: HB 147, by Rep. Kristin Jacobs, and SB 690, by Senator Ben Albritton, were not heard in committee and died at the end of Session.

SB 712, by Senator , was the comprehensive water quality package that contained the recommendations of the Blue/Green Algae Task Force. This far-reaching bill addressed multiple issues (see detailed attachment). Some items that directly impact cities include: transfers septic system oversight from Dept of Health to DEP and directs DEP to develop rules to prevent groundwater and surface water contamination; establishes a DEP wastewater grant program providing a 50% match for local governments for projects designed to reduce nutrient loads; increases monetary penalties issued by DEP for violations; prohibits local governments from granting certain legal rights to natural environment; and directs DEP to develop rules by December 2020, based on the Potable Reuse Commission’s report for a potable reuse framework in Florida. SB 712 passed the Senate 39-0 and the House 118-0. Governor DeSantis signed the bill on June 30th and it went into effect on July 1st.

HB 715, by Rep. Randy Maggard, and SB 1656, by Senator Ben Albritton, would have prohibited local wastewater utilities from

9. disposing of effluent, reclaimed water or reuse water by surface water discharge, beginning January of 2026. HB 715 passed the House 118-0, but the Senate bill did not make it through the committee process. The bills died at the end of Session.

HB 1091, by Rep. Randy Fine, and SB 1450, by Senator Joe Gruters, increase penalties by 50% for violations of environmental laws, including the pollution of waterways from sewage discharges. The bill also provides that each day a violation occurs shall constitute a separate offense. HB 1091 passed the House 115-0 and the Senate 38-0. Governor DeSantis signed the bill on June 30th and it went into effect on July 1st.

C. Florida Underground Facility Damage Prevention & Safety Act

Position: Support HB 1095 and SB 1464 strengthening the Sunshine 811 standards and civil penalties for noncompliance.

Final Action: HB 1095, by Rep. Heather Fitzenhagen, and SB 1464, by Senator Anitere Flores, amends the Underground Facility Damage Prevention & Safety Act (Act). The bill expands the list of entities that can issue citations to include local fire chiefs; increases the maximum civil penalty (up to $2,500) for violations and noncompliance; establishes criminal penalties for knowingly removing permanent markers; requires excavators to report incidents involving high priority subsurface installations. The bill does not expand the time frame for underground facility operators to locate their facilities. HB 1095 passed the House 115-0 and the Senate 37-1. Governor DeSantis signed the bill on June 29th and it went into effect on July 1st.

D. CCNA Annual Cost Indexing

Position: Support HB 441 & SB 506 increasing the threshold amounts contained within the CCNA Statute and allowing them to be adjusted annually.

Final Action: HB 441, by Rep. Nick DiCeglie, and SB 506, by Senator Keith Perry, increase the maximum limit for continuing contracts covered by the CCNA from an estimated project cost of $2 million to $4 million. The bill also increases the maximum limit for procuring a study under a continuing contract from $200,000 per study to $500,000. HB 441 passed the House 117-0 and the Senate 40-0. Governor DeSantis signed the bill on June 29th and it went into effect on July 1st.

10. VIII. Additional Issues

A. Verification of Employment Eligibility (E-Verify)

Final Action: SB 664, by Senator Tom Lee, requires all public employers and their contractors and subcontractors to register and use the E-Verify system to verify work status of all new hires, beginning January 1, 2021.

The bill requires private employers to verify employment of all employees and contractors by either using the E-Verify system or to provide the same documentation required by the U.S. Citizenship & Immigration Services on its Employment Eligibility Form (Form I-9). The Florida DEO is authorized to suspend business licenses for employers in noncompliance. SB 664 passed the Senate 23-17 and the House 73-45. The bill was signed by Governor DeSantis on June 30th and goes into effect July 1st.

B. Growth Management

Final Action: SB 410, by Senator Keith Perry, would have required local governments to add a new element to their comprehensive plans that addresses the protection of private property rights. The bill would have also extended the “shot clock” relating to 5G technology to all utilities submitting permit applications in city or county right of way. SB 410 passed the Senate 23-16 and the House 71-43. The bill was Vetoed by Governor DeSantis on June 30th.

C. Fire Prevention & Control

Final Action: HB 487, by Rep. , and SB 1092, by Senator , creates the Firefighter Cancer Decontamination Equipment Grant Program within the State Fire Marshall’s Office. The grant program will provide matching funds to help fire departments purchase equipment, supplies and education training related to mitigating exposure to hazardous fire contaminants. A local match of at least 25% will be required. SB 1092 passed the Senate 40-0 and the House 118-0. The bill was signed by Governor DeSantis on June 27th and went into effect on July 1st.

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