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CUSTOMARY USE In 2018, the Florida Legislature created .section 163.035, Florida Statutes, which established a two-step process for local governments to follow when considering a customary use affirmation on private property. The first step in the process requires the local government to conduct a public hearing. The local government .must provide notice of the public hearing by certified mail to each property owner, by newspaper, and by posting on the local government's website. At the public hearing, the governing board of the local government considers whether to adopt a formal notice of intent to affirm the existence of a recreational customary use on private property. The notice of intent must specifically identify the following: 1. The specific parcels of property, or the specific portions thereof, upon which a customary use affirmation is sought; 2. The detailed, specific, and individual use or uses of the parcels of property to which a customary use affirmation is sought; and 3. Each source of evidence that the governmental entity would rely upon to prove a recreational customary use has been ancient, reasonable, without interruption, and free from dispute. INDEXING THE GAS TAX Local fuel tax revenues, also known as gas tax, have been constantly eroding as the costs of road construction and maintenance has increased as well as vehicles becoming more fuel-efficient. Unlike local governments, the Florida Department of Transportation has the. ability to index their motor fuel tax rate as it relates to the Consumer Price Index (CPI). Without the ability for local governments to index, we are unable to keep pace with our growing transportation costs and needs. Support legislation to allow counties and municipalities the ability to annually index the local fuel tax as it relates to the Consumer Price Index (CPI). After the public hearing, the statute requires the local government file a lawsuit within 60 days. During the lawsuit, the court conducts de novo review of the local government's initial determination. Support a change to the statute that maintains the local government public hearing process as set forth in section 163.035(3)(a), but eliminates the judicial determination requirements set forth in section 163.035(3)(b). Accordingly, a local government would still be required to meet the public hearing and evidentiary requirements set out in the Florida Statutes, but would not be required to initiate a lawsuit and obtain a judicial determination as currently required by law. This change would maintain the ability of an aggrieved party to appeal a local government's decision following the public hearing process. 184