Agenda 11/09/2021 Item #11B (Proposed Legislative & Administrative Priorities for 2022)11/09/2021
EXECUTIVE SUMMARY
Recommendation to approve the proposed Collier County State and Federal Legislative
and Administrative Priorities for 2022.
______________________________________________________________________________
OBJECTIVE: To approve Collier County’s State and Federal Legislative and Administrative
Priorities for 2022.
CONSIDERATION: Each year, prior to the Collier County Legislative Delegation Meeting
and the convening of the State Legislature in Regular Session, staff prepares a proposed list of
State and Federal Legislative and Administrative Priorities for the upcoming year for
consideration and subsequent endorsement by the Board of County Commissioners (Board).
Each member of the Board has previously been provided the 2022 Priorities document for review
and input.
The Collier County Legislative Delegation is scheduled to conduct its public hearing for local
bills and local budget requests on Wednesday, December 8, 2021, at 9 a.m., at the North Collier
Regional Park located at 15000 Livingston Road, Naples, FL 34109. Applicable issues from the
2022 Priorities document will be presented at that meeting.
This year, the State Legislature convenes on January 11, 2022, and concludes its Regular Session
on March 11.
FISCAL IMPACT: This executive summary has no immediate fiscal impact.
GROWTH MANAGEMENT IMPACT: This executive summary has no immediate growth
management impact.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, raises no
legal issues and requires majority vote for Board action. -JAK
RECOMMENDATION: That the Board of County Commissioners approve the proposed
Collier County State and Federal Legislative and Administrative Priorities for 2022.
Prepared by:
John Mullins, Director of Communications, Government & Public Affairs
ATTACHMENT(S)
1. 2022_Legislative_Priorities_FINAL (PDF)
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11/09/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 11.B
Doc ID: 20511
Item Summary: Recommendation to approve the proposed Collier County State and Federal
Legislative and Administrative Priorities for 2022. (John Mullins, Director of Communications,
Government & Public Affairs)
Meeting Date: 11/09/2021
Prepared by:
Title: – County Manager's Office
Name: John Mullins
10/29/2021 3:54 PM
Submitted by:
Title: – County Manager's Office
Name: John Mullins
10/29/2021 3:54 PM
Approved By:
Review:
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 10/29/2021 4:17 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/01/2021 8:59 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 11/01/2021 9:20 AM
County Manager's Office Mark Isackson Level 4 County Manager Review Completed 11/03/2021 10:58 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 11/09/2021 9:00 AM
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2022
State and Federal
Legislative and Administrative
Priorities
John Mullins
Director
Division of Communications,
Government & Public Affairs
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INTRODUCTION
This document was produced based on prior Board direction, legislative and project needs
identified by County staff in support of Board -approved programs and projects, ongoing or
unresolved legislative and administrative issues from 2021, and legislative priorities shared with
the Florida Association of Counties (FAC) and the National Association of Counties (NACo).
Our state and federal contract lobbyists provide valuable input throughout this process and
work very hard to continually identify and monitor legislative trends, issues, administrative
activity, and funding opportunities throughout the year.
Once reviewed and approved by the Board of County Commissioners,
the County’s legislative and administrative priorities guide all advocacy efforts in Tallahassee,
FL, and Washington, DC, for the upcoming year.
For more information, please contact John Mullins at (239) 252-2520,
or, by email, at john.mullins@colliercountyfl.gov
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TABLE OF CONTENTS
PRIORITIES: LEGISLATIVE & ADMINISTRATIVE ....................................................................................5
ADA Website Compliance Safe Harbor ............................................................................................5
American Infrastructure Bonds Act & Advance Refunding of Municipal Bonds .................................5
CDBG-MIT – Paradise Coast Sports Complex Field House .................................................................6
County Funding Streams .................................................................................................................6
FEMA Remapping ...........................................................................................................................6
Immokalee Sidewalk Project – Phase III ..........................................................................................7
Long-Term, Transparent National Flood Insurance Program (NFIP) Reauthorization .........................7
RESTORE Act Debt Financing ...........................................................................................................8
Septic-to-Sewer Grant Program Creation and Recurring Funding .....................................................8
State Veterans’ Nursing Home ........................................................................................................8
Water Quality and Quantity Management ......................................................................................9
STATE APPROPRIATIONS PROJECT REQUESTS ................................................................................... 10
Golden Gate City Water Resource Protection/Restoration Master Plan ......................................... 10
ISSUES TO MONITOR ........................................................................................................................ 11
Autonomous Vehicles ................................................................................................................... 11
Big Cypress Basin .......................................................................................................................... 11
Clerk of the Circuit Court Funding ................................................................................................. 11
Community Redevelopment Agencies ........................................................................................... 11
Economic Development Administration (EDA) Project Funding – Immokalee Airport Cold
Storage/Freight ............................................................................................................................ 11
FAA Air Traffic Control Privatization .............................................................................................. 11
Fuel Station Generators ................................................................................................................ 11
Harmful Algal Blooms ................................................................................................................... 12
Hazardous Waste Disposal Funding / Collection Bills ..................................................................... 12
Home Rule ................................................................................................................................... 12
I-75 Interchanges ......................................................................................................................... 12
Inland Oil Drilling & High-Pressure Well Stimulation (Fracking) ...................................................... 12
Lake Okeechobee and Everglades Restoration............................................................................... 12
Licensing & Permitting .................................................................................................................. 12
Medical Marijuana Dispensaries ................................................................................................... 13
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Mental Health & Substance Abuse ................................................................................................ 13
Millage Rates ............................................................................................................................... 13
Offshore Drilling ........................................................................................................................... 13
School Resource Officer / Guardian Program Funding.................................................................... 13
Short Term Rentals ....................................................................................................................... 13
Southwest Florida Promise Zone / Opportunity Zones ................................................................... 14
Workers Compensation Reform .................................................................................................... 14
Rick LoCastro Andy Solis Burt Saunders
District 1 District 2 District 3
Penny Taylor William McDaniel, Jr.
District 4 District 5
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PRIORITIES: LEGISLATIVE & ADMINISTRATIVE
ADA Website Compliance Safe Harbor
Summary: Local governments across the country have seen a wave of lawsuits filed by
plaintiffs’ attorneys regarding website compliance with the Americans with Disabilities Act
(ADA). Due to the amount of information required to be posted to local governmental websites
to comply with various state and local transparency provisions, it is doubtful that any local
governmental website is fully compliant with the ADA.
Action: (FEDERAL) – In 2018, the House of Representatives passed the ADA Education and
Reform Act of 2017 that, in Title III - Public Accommodations and Commercial Facilities, would
have required prospective plaintiffs to provide written notice of noncompliance to places of
public accommodation that operate public websites prior to filing a lawsuit. The company
would have then had a 60-day safe harbor to come up with a plan to address the plaintiff’s
concern and 120 days to make “substantial progress” toward rectifying it. The bill passed the
House on a split vote but died in the Senate. NACo and the Florida League of Cities have
previously coalesced around the issue regarding local governmental website compliance with
the ADA. New, similar legislation to the Reform Act of 2017 is needed under Title II – State &
Local Governments for an adequate safe harbor or cure period from legal action while working
to comply with the ADA website provisions.
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American Infrastructure Bonds Act & Advance Refunding of Municipal Bonds
Summary: Build America Bonds (BABs) were taxable municipal bonds that featured federal tax
credits or subsidies for bondholders or state and local government bond issuers and were
introduced in 2009 as part of the American Recovery and Reinvestment Act to create jobs and
stimulate the economy. The Build America Bonds program expired in 2010.
In April, a bipartisan group of Senators reintroduced the American Infrastructure Bonds Act of
2021 (S. 1308; HR 2634 is the House companion measure) that would create similar securities
called American Infrastructure Bonds. Recently, the revival of this lending tool has been
discussed in the context of economic stimulus and infrastructure legislation and enjoys the vocal
support of House Ways and Means Chair and Senate Finance Committee Chair.
Additionally, the Tax Cuts and Jobs Act of 2017 eliminated issuers' ability to advance refund debt
with tax-exempt bonds. On the House side, the Investing in Our Communities Act (HR2288),
would reverse this and again allow municipalities to use advance refunding to lower borrowing
costs and to take advantage of lower interest rates.
Action: (FEDERAL) – Advocate for passage of the American Infrastructure Bonds Act and the
Investing in Our Communities Act and/or any language incorporated in other legislation that
enacts the same.
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CDBG-MIT – Paradise Coast Sports Complex Field House
Summary: In September of 2020, the County applied to the State Department of Economic
Opportunity (DEO) for $10 million in Community Development Block Grant – Mitigation (CDBG-
MIT) funds for the hardening of the planned Paradise Coast Sports Complex field house. CDBG-
MIT funds were divided into three main programs, including the Rebuild Florida Mitigation
General Infrastructure Program to which the County application was directed. Of the $475
million in funds in this program, at least 50% must be spent on mitigation needs in HUD-
designated Most Impacted and Distressed (MID) areas from recent hurricanes. Collier County
has this designation. If awarded, these funds would provide a structure that could
accommodate over 800 individuals with special needs and/or general population during a storm
event and provide electrical power for special medical equipment and food service during a
disaster. At this time, two lists of grant awards from the General Infrastructure Program have
been announced by the Governor with two more lists of awards expected in the future.
Action: (STATE) – In September of 2021, Collier County reapplied for the second round of
funding consideration with updated cost figures ($14 millions) due to construction and material
cost increases during the pandemic. Staff will continue to engage DEO and the legislative
delegation on the local and regional need of this shelter facilitation project, its ability to serve a
significant portion of the special needs population, and the Complex’s overall ability to serve as
a regional shelter during evacuation events, provide a continuity of operations center, and serve
as a staging area for community response after a major storm.
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County Funding Streams
Summary: Full funding of grants and continued appropriations for programs or funds applicable
to Collier County, including but not limited to Payment in Lieu of Taxes (PILT), Community
Development Block Grant (CDBG), Home Investment Partnerships Program (HOME), Institute
of Museum and Library Services (IMLS), Airport Improvement Program (AIP), Emergency
Management Performance Grants (EMPG), Stafford Act, Fire Management Assistance Grant
Program (FMAGP), FEMA Hazard Mitigation Grant Program (HMGP), FEMA Building Resilient
Infrastructure and Communities (BRIC) program, Rainy Day Fund, Local Housing Trust Fund,
Sadowski Act-funded programs including the State Housing Initiatives Partnership (SHIP) and
State Apartment Incentive Loan (SAIL) Program, the Land Acquisition Trust Fund (LATF), and the
Rural Development Grant Program.
Action: (STATE/FEDERAL) – Advocate for full funding of grants and continued appropriations
for programs or funds applicable to Collier County and oppose state or federal actions that
would utilize moneys for other purposes than originally intended.
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FEMA Remapping
Summary: Expedited approval is needed for the Collier County flood remapping process which
is six years behind schedule. Two-thirds of Collier County’s population is represented by
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outdated maps. Of the two Physical Map Revisions (PMR) pending completion for this update,
PMR-1 is completed and the final mapping for PMR-2 is under review by FEMA’s contractor,
COMPASS. FEMA Region IV expects to release the preliminary maps for PMR-1 and PMR-2 in
July of 2022. The preliminary maps for the Southwest Florida Coastal Study that were released
by FEMA on December 31, 2019, are expected to be finalized in the second quarter of
2022. PMR-1 and PMR-2 will then be merged with the Coastal Study to produce the final map
product.
Action: (FEDERAL) – Continue to support increases in funding for the Flood Hazard Mapping
and Risk Analysis Program that support this process. During the 2022 cycle, engage agency
officials and the congressional delegation to prompt expedited FEMA approval of the County’s
final flood remapping product.
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Immokalee Sidewalk Project – Phase III
Summary: To improve safety and infrastructure within the Immokalee community, the
Community Redevelopment Agency (CRA) and Immokalee Beautification Municipal Service
Taxing Unit (MSTU) build sidewalks in locations where the highest concentrations of pedestrians
exist and where the lack of a sidewalk poses the greatest threat to the pedestrian. This year, as
part of the annual Transportation, and Housing and Urban Development (THUD) legislation,
Congressman Mario Diaz-Balart successfully included in the bill a community project funding
request of $987,000 in support of Phase III of the comprehensive sidewalk plan. The project
consists of 6-foot-wide concrete sidewalks on both sides of each roadway, as permitted by
existing right of way, as well as drainage improvements associated with the sidewalks. Phase III
will further the goal to provide an interconnected sidewalk network to improve pedestrian and
bicycle safety in the community.
Action: (FEDERAL) – Continue to work with the congressional delegation in shepherding the
THUD bill through passage and Executive approval for receipt of the $987,000 currently
appropriated via HUD for the Phase III Immokalee Community Sidewalk Safety Project.
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Long-Term, Transparent National Flood Insurance Program (NFIP) Reauthorization
Summary: To seek the long-term reauthorization of the NFIP to provide housing market
stability while ensuring transparency and fairness in rate setting.
Action: (FEDERAL) – Support legislation that provides for a minimum five-year reauthorization,
and focuses on affordability, efficiency, fairness, accountability, and sustainability of the
program. The legislation should also invest in mitigation, modernize flood mapping and flood
risk accuracy, and increase consumer protections in the NFIP and private insurance markets.
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RESTORE Act Debt Financing
Summary: To pass legislation authorizing the Secretary of the Treasury to use debt instruments,
as part of the RESTORE Act, to be financed by $20 billion in BP Oil civil penalties, providing more
immediate access to moneys for restoration and program/project improvements that would
otherwise take years to accumulate. Collier County is one of 15 “non-disproportionately”
affected counties eligible for project grants under RESTORE.
Action: (FEDERAL) – Continue to advocate for debt financing legislation during the 117th
Congress that mirrors HR 2923, co-sponsored during the 115th Congress by Rep. Diaz-Balart.
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Septic-to-Sewer Grant Program Creation and Recurring Funding
Summary: Aging septic tank systems and their leaching of effluent are a threat to waterways,
the habitats they sustain, and our drinking water quality. Even when conducted in phases,
sanitary sewer construction and connection projects are expensive whether it be a densely
populated area or a small and/or rural community with fiscal limitations. Residents often incur
costly assessments to cover transition to a sanitary sewer system. The Clean Waterways Act of
2020 created a septic-to-sewer grant program - subject to appropriation by the Legislature - that
requires a 50% local match that may be waived by DEP only for rural areas of opportunity. An
annually funded, low-or-no local match septic-to-sewer conversion grant program is needed to
expeditiously connect residents to sanitary sewer systems and facilitate proper abandonment of
the septic tank.
Action: (STATE) – Advocacy for creation of a septic-to-sewer grant program with a dedicated,
recurring funding source and applicable to planning, design, construction, and connection costs
associated with conversion.
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State Veterans’ Nursing Home
Summary: Though Collier County was ranked at the top of a needs-based study for the
construction of a new State Veterans’ Nursing Home, at the conclusion of the 2014 site
evaluation process, St. Lucie County was ultimately awarded the new facility. The Florida
Department of Veterans’ Affairs (FDVA) has commented to the Legislature that the State is still a
few years from accumulation of funds necessary for the 35% mandated state construction
match to qualify for federal consideration to be the next new State Veterans’ Nursing Home.
During the last three legislative sessions, commissioners have met with FDVA to keep them
apprised of the County’s progress in raising the 35% construction match and acquisition of the
Golden Gate Golf Course property as a potential location for the facility. In October, FDVA
conducted a site visit to evaluate the property and to provide feedback on next steps.
Action: (STATE/FEDERAL) – Using a portion of the temporary one-cent sales tax revenues as a
funding stream for the local construction match, and with the Golden Gate Golf Course property
serving as a potential location, staff will continue to work with the Florida Department of
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Veterans’ Affairs and the U.S. Department of Veterans Affairs on next steps for securing a State
Veterans’ Nursing Home for Collier County.
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Water Quality and Quantity Management
Summary: Local water, wastewater, and stormwater system water quality improvement
projects support the protection of our drinking water supply as well as our natural environment
and fragile ecosystem. Counties and communities often have budgetary constraints that
prevent them from covering the total costs for many needed improvements to aging water,
wastewater, and stormwater system infrastructure.
Action: (STATE/FEDERAL) – Support water quality and quantity management programs,
including tiered funding opportunities for water and public utility infrastructure (including fire
hydrant systems), funding and incentives for stormwater system rehabilitation and measurable
water quality enhancement, funding for technical and scientific studies to support water quality
improvements, and continued funding of opportunities that reduce resident cost in moving from
well water to potable water systems.
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STATE APPROPRIATIONS PROJECT REQUESTS
Golden Gate City Water Resource Protection/Restoration Master Plan
Summary: This is the first critical step of a large-scale infrastructure project addressing
conversion of septic to sewer, well to municipal water, rehabilitation of the stormwater system
to improve flood protection and water quality, and installation of sidewalks and lighting to
enhance mobility. Funds would be used to survey the area, develop the master plan, identify
right-of-way needs, and develop construction cost projections.
Action: (STATE) – Request $500,000 in State appropriations for the Golden Gate City Water
Resource Protection/Restoration Master Plan. (A local match of $500,000 is available for this
project.)
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ISSUES TO MONITOR
Autonomous Vehicles
Any proposed legislation that would impact local regulation of safety standards for autonomous
vehicles and related technology. (STATE/FEDERAL)
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Big Cypress Basin
Any proposed legislation that would change the administrative boundaries of the Big Cypress
Basin within the South Florida Water Management District. (STATE)
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Clerk of the Circuit Court Funding
Any proposed legislation that will provide a sustainable, full funding solution for the Clerk of
the Circuit Courts and provide for execution of their extensive statutory and constitutional
duties. (STATE)
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Community Redevelopment Agencies
Any legislation that restricts home rule authority to create, operate, or sunset county CRAs.
Legislation was passed during the 2019 session that implemented limited reforms
and enhanced ethical training and accountability. Onerous provisions such as requiring a
county-wide vote to create a CRA were removed from the bill during consideration. (STATE)
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Economic Development Administration (EDA) Project Funding – Immokalee Airport Cold
Storage/Freight
Monitor resources that can be leveraged to enhance development of this potential economic
engine. (FEDERAL)
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FAA Air Traffic Control Privatization
Any introduced legislation in the upcoming 117th Congress that would privatize air traffic control
services to airports. (FEDERAL)
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Fuel Station Generators
Any proposed legislation or regulatory efforts that strengthen the emergency generator
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requirement for commercial fuel stations near the interstate and inland multi-pump stations.
(STATE)
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Harmful Algal Blooms
Any proposed legislation, appropriation, or administrative action related to research,
prevention, and mitigation of harmful algal blooms (HABs), including red tide. (STATE/FEDERAL)
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Hazardous Waste Disposal Funding / Collection Bills
Any proposed legislation that limits collecting appropriate fees for services. (STATE)
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Home Rule
Any proposed legislation that seeks to preempt or undermine local governmental authority,
impose state preemption, creates unfunded mandates, or adversely impacts local funding
streams. (STATE/FEDERAL)
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I-75 Interchanges
Funding opportunities to improve all I-75 interchanges in Collier County, improving traffic flow
and safety for motorists. (STATE/FEDERAL)
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Inland Oil Drilling & High-Pressure Well Stimulation (Fracking)
Any proposed legislation that changes the status of inland oil drilling and high-pressure well
stimulation. Currently, high-pressure well stimulation remains essentially unregulated and
permissible. (STATE)
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Lake Okeechobee and Everglades Restoration
Any proposed legislation or administrative action that impacts water storage, treatment, and
reservoir conveyance; Everglades restoration and preservation via the Comprehensive
Everglades Restoration Plan (CERP). (STATE/FEDERAL)
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Licensing & Permitting
Any proposed legislation or administrative action that impacts county licensing and
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permitting and may impact cost and/or time in obtaining. (STATE/FEDERAL)
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Medical Marijuana Dispensaries
Any proposed legislation that might provide more local discretion in dispensary location.
(STATE)
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Mental Health & Substance Abuse
Any proposed legislation, appropriation, grant, or program that could enhance Collier
County’s mental health and substance abuse programs, including the expansion of authority of
county court judges to refer defendants for treatment. (STATE/FEDERAL)
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Millage Rates
Any proposed legislation that undermines local government discretion in establishing millage
rates. (STATE)
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Offshore Drilling
Any proposed legislation or future Executive action regarding the moratorium on offshore oil
and gas drilling within 125 miles of Florida’s Gulf Coast. On September 8, 2020, President Trump
signed an Executive Memorandum effectively extending the moratorium until June 30, 2032.
The Memorandum also expanded protected areas to include the Atlantic coast of Florida, and
the coasts of Georgia and South Carolina. During the 2019 session, the Florida Legislature
passed resolutions calling for an indefinite extension to the moratorium. In September of 2019,
the U.S. House of Representatives passed Congressman Rooney’s bipartisan legislation, HR 205,
to permanently extend the moratorium on oil and gas drilling in the Gulf by a vote of 248-180.
With the White House threatening a veto, the Senate did not take up the bill. (FEDERAL)
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School Resource Officer / Guardian Program Funding
Any proposed legislation or administrative action regarding funding of the School Resource
Officer (SRO) and/or Guardian Program. (STATE)
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Short Term Rentals
Any proposed legislation that preempts or otherwise restricts local laws, ordinances, or
regulation regarding vacation rental frequency or duration. (STATE)
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Southwest Florida Promise Zone / Opportunity Zones
Any proposed legislation or initiative that supports the ten-year economic development mission
of the Southwest Florida Promise Zone (SFPZ), originally designated in 2016, or that is helpful in
attracting private capital investments to recently established Opportunity Zones. (FEDERAL)
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Workers Compensation Reform
Any proposed legislation or administrative action that mitigates unfunded liabilities. Reform
bills from 2017 through the 2020 Regular Session failed to advance beyond their respective
committee assignments. (STATE)
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