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LTC 194-2017 City of Doral ResolutionMIAMIBEACH OFFICE OF THE CITY CLERK No. 194 -2017 LETTER TO COMMISSION TO: Mayor Philip Levine and Members of the City Commission t FROM:afael E. Granado, City CI DATE: April 13, 2017 SUBJECT: CITY OF DORAL RESOLUTION Attached for your information is Resolution No. 17 -70, adopted by the Mayor and Commission of the City of Doral on April 12, 2017. A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF DORAL, FLORIDA, OPPOSING HOUSE BILL 17 (HB17) AND ANY SIMILAR OR SUBSTITUTE LEGISLATION THAT WOULD PREEMPT THE LOCAL REGULATION OF BUSINESSES, PROFESSIONS, AND OCCUPATIONS TO THE STATE BY PROHIBITING LOCAL GOVERNMENTS FROM IMPOSING OR ADOPTING CERTAIN RULES, REGULATIONS, LICENSES, PERMITS, OR REQUIREMENTS, AND ANY ASSOCIATED FEES; THAT WOULD SUNSET EXISTING LOCAL REGULATIONS; OR THAT WOULD LIMIT LOCAL GOVERNMENTS IN MODIFYING OR IMPOSING ADDITIONAL REGULATIONS ON BUSINESSES, PROFESSIONS, AND OCCUPATIONS; PROVIDING FOR TRANSMITTAL; AND PROVIDING FOR AN EFFECTIVE DATE The City of Doral Clerk has requested that a copy of this resolution be provided to the Miami Beach Mayor and Commissioners. If you have any questions, please contact the Office of the City Clerk at 305.673.7411. LH Attachment F: \CLER \$ALL \LILIA \LTC's - Transmittal's\Resolution 17 -70 City of Doral.docx Res. No. 17 -70 Page 1 of 4 RESOLUTION No. 17 -70 A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF DORAL, FLORIDA, OPPOSING HOUSE BILL 17 (HB17) AND ANY SIMILAR OR SUBSTITUTE LEGISLATION THAT WOULD PREEMPT THE LOCAL REGULATION OF BUSINESSES, PROFESSIONS, AND OCCUPATIONS TO THE STATE BY PROHIBITING LOCAL GOVERNMENTS FROM IMPOSING OR ADOPTING CERTAIN RULES, REGULATIONS, LICENSES, PERMITS, OR REQUIREMENTS, AND ANY ASSOCIATED FEES; THAT WOULD SUNSET EXISTING LOCAL REGULATIONS; OR THAT WOULD LIMIT LOCAL GOVERNMENTS IN MODIFYING OR IMPOSING ADDITIONAL REGULATIONS ON BUSINESSES, PROFESSIONS, AND OCCUPATIONS; PROVIDING FOR TRANSMITTAL; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, House Bill 17 ( "HB 17 ") was filed for consideration during the Florida Legislature's 2017 Session by Representative Randy Fine (R - Palm Bay), and is cosponsored by Representative Paul Renner (R - Palm Coast); and WHEREAS, on February 22, 2017, the Careers & Competition Subcommittee of the House Commerce Committee voted favorably on a similar Committee Substitute Bill ("CS/HB 17 "); and WHEREAS, CS /HB 17 would expressly preempt the Local regulation of businesses, professions, and occupations to the State. of Florida by prohibiting local governments from imposing or adopting certain rules, regulations, licenses, permits, or requirements, and any associated fees; and WHEREAS, CS /HB 17 would supersede all local government regulations on businesses, professions, and occupations, even those regulations adopted prior to January 1, 2017, if they were adopted without general law authority; moreover, such pre- existing regulations would expire July 1, 2020; and Res. No. 17 -70 Page 2 of 4 WHEREAS, under CS /HB 17, even if a local government had enacted a business regulation authorized by general law prior to January 1, 2017, the existing regulation could not be amended to impose additional regulations on business, professions, or occupations; moreover, a local government could not modify such regulation, except to repeal or reduce the regulation; and WHEREAS, in addition, a local regulation not authorized under the CS /HB 17, or expressly authorized by general law, would be a nullity and not enforceable; and WHEREAS, CS /HB 17, and any similar or substitute legislation, would have far reaching negative impacts upon local governments throughout the State and would severely limit their ability to tailor local laws to their community needs, would sunset current laws, and would prevent the enactment of new laws that address, among other things, fair wages, human rights, environmental protections, and neighborhood quality of life; and WHEREAS, the Mayor and City Council strongly oppose CS /HB 17 and any similar or substitute legislation that would preempt the local regulation of businesses, professions, and occupations to the State of Florida, sunset existing local regulations, or that would limit local governments in modifying or imposing additional regulations. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF DORAL, FLORIDA, AS FOLLOWS: Section 1. Recitals. The above recitals are confirmed, adopted, and incorporated herein and made a part hereof by this reference. Section 2. Opposition to Legislation. The City Council hereby oppose House Bill 17 and any similar or substitute legislation that would preempt the local regulation of Res. No. 17 -70 Page 3 of 4 businesses, professions, and occupations to the State by prohibiting local governments from imposing or adopting certain rules, regulations, licenses, permits, or requirements, and any associated fees; that would sunset existing local regulations; or that would limit local governments in modifying or imposing additional regulations on businesses, professions, and occupations. Section 3. Transmittal. The City Clerk is hereby directed to transmit this Resolution to leadership of the Florida House of Representatives and Senate, as well as the members of the Miami -Dade County legislative delegation. Section 4. Effective Date. This Resolution shall become effective immediately upon its adoption. Res. No. 17-70 Page 4 of 4 The foregoing Resolution was offered by Councilmember Fraga who moved its adoption. The motion was seconded by Councilmember Rodriguez and upon being put to a vote, the vote was as follows: Mayor Juan Carlos Bermudez Yes Vice Mayor Pete Cabrera Not Present at Time of The Vote Councilwoman Christi Fraga Yes Councilwoman Claudia Mariaca Yes Councilwoman Ana Maria Rodriguez Yes PASSED AND ADOPTED this 12 day of April, 2017. ATTEST: 04 IE DIAZ, CM CITY CLERK JUAN CAR fiS BERMUDEZ, MAYOR APPROVED AS TO FORM AND LEGAL SUFFIENCY FOR THE USE AND RELIANCE OF THE CITY OF DORAL ONLY: VVEISS, SEROTA, HELEN, COLE & BIERMAN, P.L. CITY ATTORNEY