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Home My WebLink AboutDocumentation_Regular_Tab 11_1/14/2021Agenda Item #11 0 Regular Council STAFF MEMO Meeting: Regular Council - Jan 14 2021 Staff Contact: Jeremy Allen, Village Manager Department: Manager _TITLE RESOLUTION 4-21, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, SUPPORTING THE 2021 FLORIDA LEAGUE OF CITIES LEGISLATIVE ACTION AGENDA; PRIORITIZING AGENDA LEGISLATION REGARDING IMPLEMENTATION OF FAIR AND EQUITABLE SALES TAX POLICIES, MUNICIPAL REGULATION OF ANNEXATION THAT ELIMINATES ENCLAVES, SHORT-TERM RENTAL REGULATIONS, INCREASED AFFORDABLE HOUSING FUNDS, REASONABLE TIMELINES AND ASSISTANCE FOR UTILITIES TO ELIMINATE SURFACE WATER DISCHARGES; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES Resolution 04-21 expresses Village Council support for the 2021 Florida League of Cities legislative action agenda The Village Manager recommends Village Council approval of Resolution 04-21. Resolution No. 04-21 - Supporting FLC 2021 Legislative Priorities Page 258 of 394 Agenda Item #11 0 RESOLUTION NO. 04-21 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, SUPPORTING THE 2021 FLORIDA LEAGUE OF CITIES LEGISLATIVE ACTION AGENDA; PRIORITIZING AGENDA LEGISLATION REGARDING IMPLEMENTATION OF FAIR AND EQUITABLE SALES TAX POLICIES, MUNICIPAL REGULATION OF ANNEXATION THAT ELIMINATES ENCLAVES, SHORT-TERM RENTAL REGULATIONS, INCREASED AFFORDABLE HOUSING FUNDS, REASONABLE TIMELINES AND ASSISTANCE FOR UTILITIES TO ELIMINATE SURFACE WATER DISCHARGES; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES WHEREAS, the Village of Tequesta wishes to engage in productive, focused dialogue with the Florida State Senate and House of Representatives; and WHEREAS, the State of Florida 2021 Legislative Session will convene on March 2, 2021; and WHEREAS, the Village of Tequesta is an active member of the Florida League of Cities and actively support the development of priorities for the 2021 Legislative Action Agenda; and WHEREAS, the Village of Tequesta prioritizes legislation which implements fair and equitable sales tax policies, municipal annexation which eliminates enclaves, clarifies short-term rental regulations, increases funds for affordable housing, and provides reasonable timelines and assistance for utilities to eliminate surface water discharges. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA: SECTION 1. The above recitals are declared to be true and correct and are incorporated herein by reference. SECTION 2. The Village Council supports the formation of the 2021 Florida League of Cities Legislative Action Agenda attached hereto and incorporated as "Exhibit A" as part of the legislative priorities of the Village of Tequesta. SECTION 3. The Village Council hereby adopts as priorities legislation which implements fair and equitable sales tax policies, municipal annexation which eliminates enclaves, clarifies short-term rental regulations, increases funds for affordable housing, and provides reasonable timelines and assistance for utilities to eliminate surface water discharges. SECTION 4. The Village Clerk is directed to forward a copy of this resolution to the members of the Florida League of Cities and all local representatives. Page 259 of 394 Agenda Item #11 0 SECTION 5. This resolution shall take effective immediately upon its adoption. Page 260 of 394 Agenda Item #11 0 Village of Tecluesta's 2021 Legislative Priorities SALES TAX FAIRNESS The Village of Tequesta 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. On June 21, 2018, the U.S. Supreme Court issued an opinion in South Dakota v. Wayfair, eradicating the decades -old "physical presence" requirement for sales and use tax nexus and replacing it with an "economic nexus" test. This new test allows for state sales and use taxes to be based on the dollar amount or volume of sales into the state. Florida is one of only two states that levy a sales tax but have not enacted an "economic nexus" or similar remote sales tax policy. The issue of fairness is an important one. Local businesses, which sponsor youth sports teams or help sponsor local fireworks displays or other activities for communities, are forced to collect and submit sales taxes on items they sell in their communities. The cost of these goods then can be higher because the out-of-state or international seller is not collecting or remitting sales taxes. ANNEXATION The Village of Tequesta supports legislation that facilitates the municipal annexation of unincorporated areas while protecting private property rights and respecting municipal boundaries. Currently, the annexation process makes it difficult for municipalities to annex certain unincorporated enclaves and unincorporated areas where city services are already being provided. SHORT-TERM RENTALS The Village of Tequesta 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 Village of Tequesta supports legislation clarifying that existing, grandfathered municipal short-term rental ordinances can be amended without penalty. Currently available solutions for cities are inadequate and will not solve the problems that many communities are facing. AFFORDABLE HOUSING The Village of Tequesta supports legislation that requires all monies from the Sadowski State and Local Housing Trust Funds be used only for Florida's affordable housing programs. DISCHARGES TO SURFACE WATERS The Village of Tequesta supports legislation that establishes reasonable time frames 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. Bills in the 2020 session would have prohibited utilities from discharging effluent, reclaimed water, or reuse water to surface waters beginning January 2026. The bills did not pass in 2020 but this issue remains a priority for the Senate President and legislation is expected to be filed in 2021. The cost to utilities to comply is estimated at $28 billion. State funding assistance and reasonable timelines will be essential to helping utilities meet the costs of these expected unfunded mandates. DIGITAL DIVIDE Page 261 of 394 Agenda Item #11 0 The Village of Tequesta 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 and removing statutory barriers for cities to provide telecommunication services and open competition for affordable Internet service. There is also a need for increased public funding for construction of broadband infrastructure. MOBILITY PLANS The Village of Tequesta 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. CYBERSECURITY The Village of Tequesta 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. TRANSPORTATION FUNDING The Village of Tequesta 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. Transportation projects are often the catalyst for economic development and the result of growth within a community. Florida's municipalities need a transportation program that adequately funds our state's transportation needs, takes a smart approach to all forms of transportation and provides local governments with the certainty they need for planning and funding transportation projects. RESILIENT AND SUSTAINABLE FLORIDA The Village of Tequesta 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. Page 262 of 394