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08-23-21 Handout Mayor Glasser Item 4A8/23/Z/ - E-1-1 -n., 4A C FLORIDA LEAGUE OF CITIES 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 I IC I- I JI IUA aCI In(' 2019 Florida Statutes TitleXI'...._.._. w....__.._.,.._......! pter 163 SECTION 045 COUNTY ORGANIZATION ' IN 1'ERGOVERNMENTAL Tree pruning,trimming, orANDEPROGRAMSremovalonresidential INTERGOVERNMENTAL property. RELATIONS Entire Chapter 163.045 Tree pruning, trimming, or removal on residential property.— 1) 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. 2) A local government may not require a property owner to replant a tree that was pruned, trimmed, or removed in accordance with this section. 3) This section does not apply to the exercise of specifically delegated authority for mangrove protection pursuant to ss. 403.9321-403.9333. History.—s. 1,ch.2019-155. Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright © 2000- 2021 State of Florida. https://vww.flserate.gov/Laws(Statutes/2019/163.045 6123/21,10:15 PM Page 1 of 1 s 9yy 80Y_ GU OF CITIES F SAT I'VEi, ON AGENDA 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—rohara@flcities.com 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— rohara@flcities.com 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 2021-02 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. 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. 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 2021-04 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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