LTC 218-2023 Legislative Wrap-Up 2023M IA M I BE A C H
OFFICE OF THE CITY MANAGER
NO. LTC# LETTER TO COMMISSION
TO:
FROM: Alina T. Hudak, City Mana
DATE: May 10, 2023
SUBJECT: Legislative Wrap-Up 2023
bers of the City Commission
The purpose of this letter to the Commission is to provide you with a preliminary update
from the 2023 Legislative Session that wrapped up on Friday, May 5th.
Below is a summary of some of the key bills filed impacting the City of Miami Beach.
Sovereign Immunity (HB 401 / SB 604) as drafted, the bills would have substantially
raised the sovereign immunity caps for damages sought against local governments.
FAILED
Solid Waste Management (HB 975 / SB 798) this legislation would have restricted our
ability to regulate solid waste and recycling services for certain properties and could have
had a significant fiscal impact as it would have capped franchise fees. FAILED
Nonconforming or Unsafe Structures (HB 1317 / SB 1346) these bills would have
preempted our authority to enforce major provisions of our historic preservation
ordinance. FAILED
Economic Programs (HB 5) this bill eliminates Enterprise Florida and the Florida Office
of Film and Entertainment. Originally, the bill also included the elimination of the
Entertainment Industry Sales Tax; however, this was removed from the bill and has been
preserved. PASSED
Permitless Carry (HB 543) this legislation allows for the permitless carry of concealed
firearms. PASSED and was signed into law.
A number of bills that targeted the LGBTQ community were APPROVED this session,
including a gender-affirming care ban (SB 254), a bill establishing a requirement for
restrooms based on sex (HB 1521 ), an expansion of the "Don't Say Gay Bill" (HB 1069),
and (SB 1438) which would prohibit local governments from issuing permits that could
expose children to adult live performances including drag shows.
Short Term Rentals (SB 714 / HB 833) there was a late file amendment that would have
eroded our authority to manage STRs. FAILED
218-2023
R e s id e n t ia l B u ild in g P e r m its (H B 6 7 1 / S B 6 8 2 ) th is b ill w o u ld h a v e d ra s tic a lly c h a n g e d
th e b u ild in g p e r m it p ro c e s s , in cl u d in g th e n u m b e r o f d a y s w e a re a b le to re v ie w
a p p lic a ti o n s , a n d w o u ld h a v e s ig n ifi c a n tl y re d u c e d p e rm it fe e s . FAILED
Housing (SB 102) is a comprehensive bill that includes funding for affordable housing
through tax credits and incentives for development. PASSED and was signed into law.
Local Government (SB 718) prohibits a referendum process for any land development
regulation. PASSED
Local Ordinances (SB 170) imposes new requirements on cities, including a business
impact estimate when adopting new ordinances. PASSED
Taxation (SB 7062) authorizes us to impose the 1% local food and beverage sales tax if
approved by referendum. PASSED
Additionally, we are pleased to inform you that both of our State Appropriations Requests
are currently fully funded in the budget, awaiting the Governor's signature.
• Resilient seawalls along Collins Avenue - $500,000
• Stormwater pump water quality updates - $400,000
Attached for your information is a preliminary detailed update from our lobbyist team.
I would like to extend our appreciation to all of you who participated in supporting the
city's legislative package in Tallahassee with us. Also, our sincere appreciation to our
legislative delegation for their invaluable support and dedicated efforts during this
legislative session, as well as to our lobbyist team in Tallahassee. I would also like to
express our thanks and commendation to Marcia Monserrat, Chief of Legislative and
External Affairs, for her exceptional efforts throughout this legislative session.
Again, thank you all so much for your unwavering support and guidance during this
process. Please let me know if I can answer any questions or provide further assistance.
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Session 2023
Final Report
Enclosed is our 2023 Session final report which includes an update on funding requests and legislative issues. Please
note this report is submitted before many of the items within have been acted upon by the Governor, including
funding requests. Please let us know if you have questions on issues included in this report, or on any other issue of
concern.
Miami Beach Funding Requests: For each funding request, Senate and House funding forms are required which
describe in detail the project and its goals, the state funding amount needed and its intended use, and the amount of
the local matching funds. We reviewed each of the forms and made recommendations for each request, working to
ensure a stated 50% or more local match, and that each is within the parameters of the funding priorities of the
Governor and Legislature. Prior to Session, we secured House and Senate sponsors for each request, Senator Garcia
and Representative Basabe. Throughout Session, we held weekly meetings with each of the House and Senate
Appropriations Subcommittee Chairs and the Full Appropriations Chairs as well as the House Speaker and Senate
President and their staff. As the budget conference process began, we continually advocated on behalf of the funding
requests with the Appropriations Chairs, House Speaker and Senate President. Budget conference officially ended
when the final budget was filed and distributed to members at 8:48 am on May 2, which started the mandatory 72-
hour "cooling off' period before House and Senate members voted on the budget on Friday, May 5th.
Our next steps are ongoing, as we have met with the Governor's budget analysts to advocate for each project as
they move through the Governor's review process.
Request Funding
Allocated
Miami Beach Resilient Seawalls Along Collins Avenue Fully Funded: $500,000
(LFIR # 1608/HSE # I 066)
Budget Line 1705A
Sponsors: Senator Garcia, Representative Basabe
Amount Requested: $500,000 Match: 54.6%
Miami Beach Stormwater Pump Water Quality Upgrades Fully Funded: $400,000
(LFIR #2021 /HSE # 1061)
Budget Line 1705A
Sponsors: Senator Garcia, Representative Basabe
Amount Requested: $400,000 Match: 50%
Sargassum Cleanup Statewide Grant Program $5 million (statewide grant)
(Department of Emergency Management)
Budget Line 2678A
Legislative Issues included within this report are as follows:
• Housing: SB 102 has been signed into law, Chapter No. 2023-17
• School Choice/Universal Voucher: HB I has been signed into law, Chapter No. 2023-16
• Civil Remedies: HB 837 has been signed into law, Chapter No. 2023-15
• Local Regulation of Nonconforming or Unsafe Structures
• Vacation Rentals
• Gaming/amendments
• Sargassum Seaweed Removal
• Environmental Protection
• Solid Waste Management
• Sovereign Immunity
• Financial Disclosure for Elected Officials
• Local Ordinances/Business Impact Estimate
• Condominium and Cooperative Associations
• Homestead Tax Exemption for Senior, Low-income, Long-term Residents
• Public Nuisance/threatening actions/hate crime
• Municipal Utilities
Local Regulation of Nonconforming or Unsafe Structures: (SB 1346/HB 1317) As reported throughout Session,
we worked in conjunction with the City, with Miami-Dade County and affected local governments around the state,
in opposition to this bill. We met with the Senate and House bill sponsors multiple times, Senator Avila and
Representative Roach, offering amendment language and expressing the City's opposition. We offered amendment
language that Senator Jones offered in committee to include federally designated and locally designated historic
districts (not simply federally designated historic properties and single family homes). Senator Avila indicated that
the amendment was unfriendly, and Senator Jones withdrew his amendment as anticipated, in order to maintain the
language as available at a future point in time. Before he withdrew the amendment, Senator Jones discussed the
critical need for this modified language. As the legislation progressed and was heard on the Senate floor, Senator
Powell offered this same language on our behalf. The amendment failed and the bill passed the Senate, 33-6
In the House, we met with the House sponsor Representative Roach, several times and offered amendment language.
We assisted the city in testifying in committee, and coordinated with the City of Coral Gables to testify as well. As
the bill progressed in the House, we continued to voice opposition. Once the House bill was ineligible to be heard
by the full House, (as it was not on a special order calendar on Day 55- House rule), we worked in conjunction
with Representative Basabe, Representative Lopez, and Representative Stevenson, (St. Augustine), to assure no
similar language was offered as an amendment to other bills moving forward that were germane. No amendments
were offered.
SB 1346/HB 1317 did not pass.
Vacation Rentals: (SB 714 and HB 833) We continued this year to voice opposition to further regulation on
vacation rentals. This bill was slow to begin movement this Session, and as it moved, we, working with the Florida
League of Cities and lobbyists representing affected municipalities, continued to voice opposition. As has happened
in the past, we as a collective group, were able to voice enough opposition to both the House and Senate, and neither
were able to come to an agreement on language.
The later iterations of this legislation had various facets, including the ability for local governments to levy fines
for non-registration and regulation on parking and garbage requirements (for all areas, not only the vacation rentals);
would have required local governments to accept or deny a registration application in 15 days, and allowed for
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"g r a n d fa t h e r e d " lo c a l o r d in a n c e s a d o p te d o n o r b e fo r e J un e l , 2 0 1 1 . T h e la te r v e r s io n s a ll o w e d lo c a l g o v e r nm e n ts
to r e s t r ic t m a x im u m o c c u p a n c y , if a p p lie d a c ro s s a ll r e n t e d p ro p e rt ie s w it h in th e ir ju ri s d ic tio n , a ll o w e d a fe e fo r
in s p e c t io n s a ft e r r e g is tra t io n , th o u g h n e v e r s e t tli n g o n a s p e c ifi c , a gr e e d u p o n a m o un t. T h e S e n a te b ill in cl u d e d a
li m it e d a m o u n t o f fu n d in g a n d s ix fu ll tim e p o s itio n s fo r D B P R to im p le m e n t th is le g is la tio n .
S B 7 1 4 /HB 8 3 3 - S B 7 1 4 p a s s e d th e fu ll H o u s e W e dn e s d a y o f th e la s t w e e k o f S e s s io n w ith a b a d am e n d m e n t b y
R e p r e s e n t a t iv e D u g g a n , (b a r c o d e 4 3 3 6 3 5 ). A lo n g w it h th e L e a g u e o f C it ie s a n d o t h e r s , w e w o r k e d to s e c u r e n o
v o t e s o n th e a m e n d m e n t , h o w e v e r H o u s e le a d e r s h ip w h ip p e d th e v o t e s o n b o th th e a m e n d m e n t a n d th e b ill a n d it
p a s s e d th e H o u s e b y a v o t e o f 7 3 - 3 9 . A t th a t p o in t, it w a s s e n t in m e s s a g e s b a c k to th e S e n a te . O n th e la s t d a y o f
S e s s io n , F r id a y , M a y 5 , th e S e n a te r e fu s e d to c o n c ur w it h th e D u g g a n a m e n dm e n t a n d r e q u e s te d th e H o u s e to
r e c e d e . T h e H o u s e d id n o t , a n d th e b ill d id n o t p a s s .
S B 7 1 4 /H B 8 3 3 d i d n o t p a s s .
Gaming/amendments: We closely watched for any amendments that could have been filed to the gaming bill, SB
7044 throughout Session, to any legislation that addressed the duties of the Department of Business and Professional
Regulation, and the tax package, SB 7062 all of which would have been germane amendment vehicles. We also
spoke to House and Senate leadership multiple times on the City's behalf about potential legislation that pertained
to gaming permit mobility and/or transfers. SB 7044 passed and was solely a glitch bill to remedy inadvertent issues
that have arisen due to the sale and subsequent transfer application of a license from West Flagler Associates, Ltd.
To Wind Creek Miami, LLC.
No amendments pertaining to gaming that affect Miami Beach were filed.
Sargassum Seaweed Removal: As a preemptive measure, mid-Session, we began to raise the issue of the
increasing problem of sargassum seaweed on Florida beaches. As noted in news reports, a 5,000-mile floating
sargassum bloom in the ocean has begun to impact the Florida coastline and beaches which will be reflected in our
tourism based economy. The Legislature has included a Sargassum Cleanup Grant Program with $5 million in
funding, to be administered through the FDEM. Budget line 2678A.
Environmental Protection: (SB I 632/HB 1379) Language contained in this bill renames this grant program the
Water Quality Improvement Grant and expands eligibility for a myriad of projects and locations around the state.
This bill addresses a number of topics, however, specific to local governments, this bill expands the wastewater
grant program to include areas and types of waterbodies that would be eligible, expands the types of projects to
include additional wastewater projects, stormwater projects, and regional agricultural projects, removes the
requirement that each grant have a minimum 50% local matching funds but it does allow DEP prioritize those with
the local matching funds, and requires DEP to coordinate with local governments to identify the most effective and
beneficial water quality improvement projects.
Regarding sanitary sewer services, the bill requires local governments to develop a plan to provide sanitary sewer
services for developments of more than 50 residential lots that have more than one OSTDS per acre within a 10-
year planning horizon (not required for rural areas of opportunity), requires local governments to update their
comprehensive plans to include the sanitary sewer planning element by July 1, 2024, and requires local governments
that are subject to a BMAP (or located within the basin of waters not meeting applicable nutrient-related water
quality standards) to provide DEP with an annual update on the status of the construction of sanitary sewers to serve
such areas.
HB 13 79 has passed.
CS/CS/HB 1379 engrossed and enrolled: https://www.flsenate.gov/Scssion/Bill/2023/1379/BillText/er/PDF
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S o li d W a s t e M a n a g e m e n t (HB 975/SB 798) This legislation stalled, having been heard in only one committee,
and a Senate similar companion bill which was not been heard.
Did not pass.
Sovereign Immunity: (SB 604/HB 401) The bills as drafted would have substantially raised the sovereign
immunity caps for damages sought against local governments. The cap amounts were in negotiations but stalled
mid-Session. We expect this issue to be filed next Session.
Did not pass.
Financial Disclosure for Elected Officials: (SB 774/HB 37) The bill would require mayors and municipal elected
officials to begin filing Form 6 for the annual financial disclosure starting January I, 2024. Current law requires
that these officials file only the limited disclosure of financial interests, Form 1, and current law requires that state
legislators file Form 6. This bill does not include non-elected managers. SB 774 would take effect upon becoming
law.
SB 774 has passed.
CS/CS/SB 774 engrossed and enrolled: https://www.flsenate.gov/Session/Bill/2023/774/BillText/er/PDF
Local Ordinances/Business Impact Estimate: (SB 170/HB 1515) The bill requires counties and cities to produce
a "business impact estimate" before passing a local ordinance and authorizes courts to assess and award reasonable
attorney fees and costs and damages in civil actions filed against local governments specific to this legislation.
SB 1 70 has passed.
CS/CS/SB 170 engrossed and enrolled: https://www.tlsenate.gov/Session/Bill/2023/l 70/BillText/er/PDF
Condominium and Cooperative Associations: (SB 154/HB 1395) SB 154 addresses the following issues:
• Further revises the milestone inspection requirements.
• Requires the Florida Building Commission to establish by rule, a building safety program to implement the
milestone inspection requirements. This must include inspection criteria, testing protocols, standardized
inspection and reporting forms that are adaptable to an electronic format, and record maintenance requirements
for the local authority having jurisdiction.
• The bill amends s. 627.351, F.S., to exempt unit owner polices from the flood insurance requirement for Citizens
personal lines property coverage. The bill also revises the provision requiring flood insurance coverage to base
the dates by which flood insurance coverage must be obtained on the dwelling replacement cost instead of
property value.
• Revises the reserve funding requirements relating to condominium and cooperative associations.
• Revises structural integrity reserve study requirements
• Revises and clarifies those who have access to records - both any association member and any authorized by
the association
• Appropriates $1,301,928 in recurring funds and S67,193 in nonrecurring funds from the Division of Florida
Condominiums, Timeshares, and Mobile Homes Trust Fund to the Department of Business and Professional
Regulation, and to authorize IO full-time employees.
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S B 15 4 h a s p a s s e d .
CS/CS/SB 154 engrossed and enrolled: https://www.flsenate.gov/Session/Bill/2023/154/BillText/er/PDF
Homestead Tax Exemption for Senior, Low-income, Long-term Residents: (SB 126/HB 159)
SJR 126 proposes an amendment to the Florida Constitution to raise the eligible real estate value for the optional
full homestead exemption on long-term, low-income seniors from $250,000 to $300,000. If adopted by the
Legislature, the proposed amendment will be submitted to Florida's electors for approval or rejection at the next
general election in November 2024. If approved by at least 60 percent of the electors, the proposed amendment will
take effect on January 1, 2025
Did not pass.
Public Nuisance/threatening actions/hate crime: (SB 994/HB 269) Among many threatening actions, this bill
would prohibit the distribution of materials that involves religious or ethnic intimidation, threat, or intent to harm,
to desecrate or destroy any religious cemetery, gravesite, or grave marker, including any Holocaust memorial of
any type, school or community center, public or private property, and various other heinous acts detailed in the
legislation. The bill was amended to reflect the following:
• Revises elements of new offenses relating to littering, harassment, and criminal mischief, including damaging
any cemetery, grave, or memorial or any school or community center, unlawfully projecting images on
buildings. It also revises the current offense relating to disturbing a school or place of worship to increase the
penalty from a second degree misdemeanor to a first degree misdemeanor. Some offenses require evidence of
religious or ethnic animus.
• Creates s. 810.098, F.S., which provides it is a first degree misdemeanor for a person to trespass on the campus
of a state university or Florida College System institution for the purpose of threatening or intimidating another
person, and the person is warned to depart and refuses to do so.
• The Senate bill specifies what constitutes prima facie evidence for the purpose of hate crimes penalty
reclassification.
• Requires hate-crime reporting.
• Changes effective date from October I, 2023 to upon becoming a law.
HB 269 has passed and was signed into law by the Governor: Chapter No. 2023-24
Municipal Utilities: (HB 1331/SB 1712) The bill places limits on the portion of municipal utility revenues that
may be used to fund or finance a municipality's non-utility related general government functions. In doing so, the
bill limits the rate of transfer for municipal electric, natural gas, and water or wastewater utilities. Under the bill,
the greater the proportion of customers outside of city boundaries that a municipal utility serves, the lower the cap
is on transfers. Both bills remove a provision allowing water or sewer utilities to add, for consumers outside of its
boundaries, a surcharge of up to 25 percent of the rates, fees, and charges imposed on consumers within its
boundaries.
HB 1331/SB 1712 did not pass.
►2023 Regular Legislative Session May 5
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