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LTC 117-2018 CITY OF CORAL GABLES RESOLUTION NOS. 2018-68 AND 20MIAMI BEACH OFFICE OF THE CITY CLERK No: 117-2018 LETTER TO COMMISSION TO: Mayor Dan Gelber and Members of the City Commission FROM: Rafael E. Granado, City Clerk DATE: March 2, 2018 SUBJECT: CITY OF CORAL GABLES RESOLUTION NOS. 2018-68 AND 2018-69 Attached for your information are Resolution Nos. 2018-68 and 2018-69, adopted by the Mayor and Commission of the City of Coral Gables on February 13, 2018. Resolution No. 2018-68 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CORAL GABLES, FLORIDA, DIRECTING THE CITY'S ADMINISTRATION TO MAKE SUPPORT OF SENATE BILL 562/HOUSE BILL 627 PART OF THE CITY'S LEGISLATIVE AGENDA AND URGING THE FLORIDA HOUSE OF REPRESENTATIVES AND SENATE TO ADOPT SENATE BILL 562/HOUSE BILL 627 OR SIMILAR LEGISLATION. • The full title of Senate Bill 562 and House Bill 627 is: "An act relating to regulation of smoking; amending s. 386.209, F.S.; authorizing municipalities and counties to further restrict smoking within the boundaries of certain public parks." Resolution No. 2018-69 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CORAL GABLES, FLORIDA, IN OPPOSITION OF HOUSE BILL 7037 PREEMPTING LOCAL CONTROL OVER THE DATES OF MUNICIPAL ELECTIONS. • The full title of House Bill 7037 is: "An act relating to election dates for municipal office; amending s. 100.3605, F.S.; requiring the governing body of a municipality to determine the dates on which an initial and runoff election for municipal office are held and providing options therefor; requiring counties that have established certain dates for the election of municipal officers through a special act to conduct municipal elections on specified dates; preempting to the state the authority to establish election dates for municipal elections; providing construction; amending s. 100.361, F.S.; requiring municipal recall elections to be held concurrently with municipal elections under certain conditions; repealing s. 101.75, F.S., relating to change of dates for cause in municipal elections; extending the terms of incumbent elected municipal officers until the next municipal election; providing an effective date. The City of Coral Gables Clerk has requested that copies of these resolutions 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. REG/Ic Attachments F:\CLER\$ALL\LILIA\LTC's Transmittal's\Resolution 2018-68 and 2018-69 City of Coral Gables.docx CITY OF CORAL GABLES, FLORIDA RESOLUTION NO. 2018-68 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CORAL GABLES, FLORIDA, DIRECTING THE CITY'S ADMINISTRATION TO MAKE SUPPORT OF SENATE BILL 562/HOUSE BILL 627 PART OF THE CITY'S LEGISLATIVE AGENDA AND URGING THE FLORIDA HOUSE OF REPRESENTATIVES AND SENATE TO ADOPT SENATE BILL 562/HOUSE BILL 627 OR SIMILAR LEGISLATION. WHEREAS, on October 19, 2017, Senator Mayfield introduced Senate Bill 562; and WHEREAS, on November 9, 2017, Representative Altman introduced the same bill as House Bill 627; and WHEREAS, the full title of Senate Bill 562 and House Bill 627 is: "An act relating to regulation of smoking; amending s. 386.209, F.S.; authorizing municipalities and counties to further restrict smoking within the boundaries of certain public parks;" and WHEREAS, the text of Senate Bill 562 and House Bill 627 allows for municipalities and counties to further restrict smoking within the boundaries of any public park they own as an exception to the state preemption on the regulation of smoking; and WHEREAS, the protection of Home Rule powers is of utmost importance to the City of Coral Gables as Home Rule ensure the efficacy of local government in exercising governmental powers to address and protect the health, safety, and welfare of its residents and address matters of local concern; and WHEREAS, the City Commission may wish to regulate smoking in its public parks in order to protect the health, safety, and welfare of the City's residents, businesses and visitors; and WHEREAS, the City of Coral Gables Commission directs that the support of Senate Bill 562 and House. Bill 627 be made part of the City's legislative agenda; and WHEREAS, the City of Coral. Gables urges the Senate and the House of Representatives to adopt Senate Bill 562/House Bill 627 or similar legislation; Page 1 of 2 — Resolution No. 2018-68 NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF CORAL GABLES: SECTION I. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof, SECTION 2. That the City Commission directs that support of Senate Bill 562/House Bill 627 or similar legislation be made part of the City's legislative agenda. SECTION 3. That the City Commission urges the Senate and House of Representatives to adopt Senate Bill 562 and House Bill 627 as they are good public policy. SECTION 4. That the City Clerk is directed to send a certified copy of this resolution to the Florida League of Cities, Miami -Dade League of Cities, Miami -Dade County, the City's legislative delegation, and neighboring municipalities. SECTION 5. That this Resolution shall become effective upon the date of its passage and adoption herein, 2018. PASSED AND ADOPTED THIS THIRTEENTH DAY OF FEBRUARY, A.D., (Moved: Keon / Seconded: Mena) (Yeas: Keon, Lago, Mena, Valdes-Fauli) (Majority: (4-0) Vote) (Absent: Quesada) (Agenda Item: H-5) CITY CLERK APPR RAUL MAYOR ES AULI APPROVED AS TO FORM AND LEGAL SU I IENCY: \' MIRIAM SOLE CITY AT ORN Page 2 of 2 — Resolution No. 2018-68 RAMOS CITY OF CORAL GABLES, FLORIDA RESOLUTION NO. 2018-69 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CORAL GABLES, FLORIDA, IN OPPOSITION OF HOUSE BILL 7037 PREEMPTING LOCAL CONTROL OVER THE DATES OF MUNICIPAL ELECTIONS. WHEREAS, on January 11, 2018, Representative Matthew H. "Matt" Caldwell introduced House Bill 7037 — Election Dates for Municipal Office; and WHEREAS, the full title of House Bill 7037 is: "An act relating to election dates for municipal office; amending s. 100.3605, F.S.; requiring the governing body of a municipality to determine the dates on which an initial and runoff election for municipal office are held and providing options therefor; requiring counties that have established certain dates for the election of municipal officers through a special act to conduct municipal elections on specified dates; preempting to the state the authority to establish election dates for :municipal elections; providing construction; amending s. 100.361, F.S.; requiring municipal recall elections to be held concurrently with municipal elections under certain conditions; repealing s. 101.75, F.S., relating to change of dates for cause in municipal elections; extending the terms of incumbent elected municipal officers until the next municipal election; providing an effective date; and WHEREAS, the text of House Bill 7037 purports to expressly preempt all authority to establish the dates of municipal elections and provides the sole method for establishing the dates of election; and WHEREAS, House Bill 7037 requires the governing body of a municipality to select a specified date, either the third Tuesday in March or the first Tuesday after the first Monday in November, for holding its election, and requires all general elections that require a runoff election be held 10 weeks prior to the runoff election; and WHEREAS, the protection of Home Rule powers is of utmost importance to the City of Coral Gables as Home Rule ensure the efficacy of local government in exercising governmental powers to address and protect the health, safety, and welfare of its residents and address matters of local concern; and WHEREAS, the decision on how and when to hold municipal elections should be left to the municipality, county or political subdivision affected by these elections as they are best equipped to know and understand the needs of their community; and Page 1 of 2 — Resolution No. 2018-69 WHEREAS, the City of Coral Gables Commission directs that the opposition to House Bill 7037 be made part of the City's legislative agenda; and WHEREAS, the City of Coral Gables urges the House of Representatives not to adopt House Bill 7037 or similar legislation; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF CORAL GABLES: SECTION I. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and cornet and are hereby made a specific part of this Resolution upon adoption hereof. SECTION 2. That the City Commission directs that opposition to House Bill 7037 or similar legislation be made part of the City's legislative agenda. SECTION 3. That the City Commission urges the House of Representatives not to adopt House Bill 7037 as it is not good public policy. SECTION 4. That the City Clerk is directed to send a certified copy of this resolution to the Florida League of Cities, Miami -Dade League of Cities, Miami -Dade County, the City's legislative delegation, and neighboring municipalities. That this Resolution shall become effective upon the date of its passage and adoption herein. 2018. PASSED AND ADOPTED THIS THIRTEENTH DAY OF FEBRUARY, A.D., (Moved: Lago / Seconded: Mena) (Yeas: Lago, Mena, Keon) (Majority: (3-0) Vote) (Absent: Quesada, Valdes-Fauli) (Non -Agenda) APPROV RAOLVALDEIPAULI MAYOR APPROV ID AS TO FORM AND LEGA. S F IEN CY; ALTEP�EMAN MIRIA SOLE1 RAMOS CITY CLERK CITY A 1 TORN Y Page 2 of 2 — Resolution No. 2018-69