Polk commissioners to urge governor to veto 'business protection' bill

BARTOW — Under a measure the Florida Legislature adopted this year, businesses could sue local governments over regulations that affect their revenues.

If it takes effect, the law could cost Polk County an estimated $27 million a year, Deputy County Manager Ryan Taylor said.

Taylor encouraged Polk County Commissioners during a Friday agenda review to contact Florida Gov. DeSantis and urge him to veto the bill (SB 620), known as the Local Business Protection Act.

Commissioner Neil Combee declined, removing the possibility of a joint letter to the governor. But the other four commissioners — Bill Braswell, George Lindsey, Martha Santiago and Rick Wilson — agreed to send individual letters to DeSantis asking for a veto.

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The bill, sponsored by Sen. Travis Hutson, R-Palm Coast, promises compensation for “business damages” resulting from city or county ordinances or charter provisions. It would enable businesses to sue for damages if a new or revised ordinance or charter provision will cause at least a 15% reduction in profit.

Only businesses established for three years in the municipality would be eligible to sue. The legislation says the business damages could be calculated “by any reasonable method.”

Legal action

The bill includes some exemptions to shield municipalities from legal action. Lawsuits could not be filed over local regulations enacted to conform with or authorized by state or federal law, tied to a state of emergency or lasting no longer than 90 days.

The legislation also exempts local laws related to zoning and development permits, the state building code, budgeting and the issuance of municipal bonds.

Under the legislation, a business must offer the local government a chance to settle the claim of damages at least 180 days before filing a lawsuit. The business is required to provide copies of records substantiating its claim.

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A business would have to take legal action within one year after the ordinance or charter provision takes effect.

A local government can avoid damages by repealing the relevant law within 120 days of receiving a settlement offer from a business. The bill says that a business could receive an additional award to cover its costs and attorney fees if it prevails in court or reaches a settlement on business damages.

An analysis by the staff of the Senate Appropriations Committee concluded: “The bill may have an indeterminate negative fiscal impact on local governments. The bill does not appear to have a fiscal impact on state government.”

The Florida Association of Counties has not produced an estimate of the financial impact that SB 620 would have for the state’s 67 counties, spokeswoman Cragin Mosteller said. The FAC listed the bill among those it was monitoring during the 2022 session for statewide preemptions to local government control.

During Friday’s agenda review, Taylor said that Polk County’s lobbyist, Frank Bernardino of Anfield Consulting Group, is encouraging DeSantis to veto the measure. Taylor suggested that it would help if Polk County commissioners also contacted the governor’s office.

Combee, who served in the Florida House from 2012 to 2017, said he would “pass” on signing a joint letter. He later explained that he would have voted for SB 620 if he were in the Legislature now.

“And as a county commissioner, that’s the kind of stuff I support,” Combee said. “I think the decisions we make, they have to be carefully considered, carefully crafted, where we don't do damage to people who have previously, you know, had authority, permission, a green light to do something. When you pull the rug out from under somebody, you need to have some consequences, I think.”

The other four commissioners said they would sign letters to DeSantis asking for a veto of the bill.

Polk County’s three state senators — Sen. Ben Albritton, R-Wauchula; Sen. Danny Burgess, R-Zephyrhills; and Sen. Kelli Stargel, R-Lakeland — all voted for SB 620. In the House, Rep. Colleen Burton, R-Lakeland, and Rep. Josie Tomkow, R-Polk County, voted in favor.

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Rep. Melony Bell, R-Fort Meade, and Rep. Sam Killebrew, R-Winter Haven, voted against the measure.

Asked about her support of the bill, Burton replied in an emailed statement.

“I have a history of supporting businesses in Florida, especially local businesses,” Burton wrote. “The Local Business Protection Act was created to give local businesses an avenue to settle disputes with their county before having to go down a litigation route. This legislation allows open communication between local businesses and counties regarding new ordinances, while also protecting the profits of local businesses. I am unaware of any concerns by the Polk County Commissioners. As always, I am happy to speak with the commissioners if there are any concerns.”

The Ledger asked the governor’s office if DeSantis has taken a position on SB 620.

“The governor has not yet received this bill from the Legislature,” Deputy Press Secretary Bryan Griffin said by email. “Once delivered to his office, he will review it in its final form and make a decision.”

Water projects

The Polk County Commission is urging DeSantis not to veto appropriations for local water projects included in this year’s budget.

The Commission plans to send a joint letter to the governor seeking his support for a $20 million budget item for projects of the Polk Regional Water Cooperative, a coalition of Polk County and 15 cities. The funding is dedicated to projects that support the Heartland Headquarters Protection and Sustainability Act, a measure sponsored by Burton and Killebrew and passed by the Legislature in 2017.

That law focuses on the Green Swamp Area of Critical State Concern, a 560,000-acre expanse that protects the headwaters of six major rivers, including the Kissimmee, Peace, and Hillsborough.

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The Polk Regional Water Cooperative seeks to identify alternative water resources and projects that ensure the future sustainability of the area’s water supply. The 2017 law requires the cooperative to submit an annual report identifying key projects related to drinking water supply, wastewater, stormwater and flood control, environmental restoration or conservation.

Bell introduced a bill in this year’s session that included an annual appropriation of $20 million for the Florida Department of Environmental Protection to implement the Heartland Headwaters Protection and Sustainability Act. The bill died in a subcommittee, but a non-recurring allocation of $20 million for Heartland Headwaters appeared in the budget among a list of $368.4 million in grants to local governments for water projects.

Stargel served as chair of the Senate Appropriations Committee as the Legislature approved a record $112 million budget in the session that ended last month.

Commissioner George Lindsey, who is vice-chair of the PRWC, shared a draft letter addressed to DeSantis at Friday’s agenda review. The letter expressed support for the $20 million appropriation and for four other projects included in the state budget: expansion of a Haines City wastewater treatment plant ($3 million), a Haines City water recharge and advanced treatment feasibility project ($2.7 million), extension of Frostproof’s wastewater line on CR 630 West ($2.7 million) and Eagle Lake stormwater outfall treatment ($225,000).

DeSantis has the authority to veto individual items in the budget.

Gary White can be reached at gary.white@theledger.com or 863-802-7518. Follow on Twitter @garywhite13.

This article originally appeared on The Ledger: Polk County commissioners seek veto of 'business protection' bill