Loading...
2003-25153 ResoRESOLUTION NO. 2003-25153 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA EXPRESSING OPPOSITION TO SENATE BILL 1164 AND HOUSE BILL 113 WHICH SET FORTH AMENDMENTS TO THE BERT J. HARRIS, JR. ACT AND ANY AND ALL OTHER PROPOSED AMENDMENTS THAT WOULD SUBJECT LOCAL AND STATE GOVERNMENTS TO FURTHER LIABILITY FOR THE CONSTITUTIONAL EXERCISE OF THEIR LEGISLATIVE AND QUASI-JUDICIAL RESPONSIBILITIES AND POWERS; TRANSMITTING THE RESOLUTION TO THE PRESIDENT OF THE SENATE, SPEAKER OF THE HOUSE AND GOVERNOR; SETTING AN EFFECTIVE DATE. WHEREAS, the Bert J. Harris, Jr. Private Property Rights Protection Act ("Harris Act"), as codified in Section 70.001 of the Florida Statutes, was enacted in 1995 to provide a limited remedy for property owners when their property has been "inordinately burdened" by the action of a governmental entity; and WHEREAS, since its inception, numerous commentators and governments alike have expressed concern that the Harris Act is impermissibly vague, fraught with various problems in its application and interpretation, and has had a chilling effect upon numerous governments in their planning and zoning activities; and WHEREAS, in the eight years since the enactment of the Harris Act, there have been over 258 claims asserted against local governments in Florida; and WHEREAS, despite its various constitutional infirmities relating to, inter alia, its failure to define "inordinate burden" and "reasonable, investment-backed expectations;" the automatic ripeness provisions that appear to violate separation of powers doctrine; and the uncertainties inherent in its attempt to create a statute of limitations period; the Act nonetheless provided in clear language that it does "not affect the sovereign immunity of government"; and WHEREAS, on July 18, 2002, one of the above cases, namely Royal World Metropolitan, Inc. v. City of Miami Beach, 11th Judicial Court Case No. 99-17243 (Royal World), resulted in a favorable summary judgment for the City which determined that the doctrine of sovereign immunity protects the City from liability for damages under the Harris Act; and WHEREAS, t he Plaintiffs i n Royal World filed an appeal i n t he Third District Court o f Appeal which is pending as of the commencement of the 2003 Session of the Florida Legislature; and WHEREAS, following the Plaintiffs' appeal in Royal World to the Third District, legislation has been proposed via Senate Bill 1164 and House Bill 113 which, if constitutional, in part seeks to nullify the effect of the Royal Worm decision and adversely affect the ad valorem tax paying public of Florida in as many as 258 other claims pending statewide, by not only amending the Harris Act to provide for a total waiver of sovereign immunity for govemment, but providing that such waiver is retroactive to May 11, 1995; and WHEREAS, the economic impact of amending the Harris Act as proposed and making it retroactive for eight (8) years would be devastating for the State and for local governments statewide; and WHEREAS, for example, the potential economic effect of eliminating sovereign immunity in the City of Miami Beach is reflected by the amounts claimed in its pending eight Harris Act cases which total $24,817,750, exclusive of interest, attorney's fees, and court costs; and WHEREAS, the amendments proposed in Senate Bill 1164 and House Bill 113 seek to interfere with the pending judicial process in the Royal World case, as well as in numerous other cases pending before various courts in the State of Florida; and WItEREAS, that portion of the proposed legislation which seeks to abolish sovereign immunity protection retroactive to May, 1995, if enacted, and detemfined to be constitutional, would frustrate as much a s eight years o f 1 itigation throughout t he State (5 years i n t he City o f Miami Beach alone), the expenditures of inordinate amounts of public and private funds for attorneys' and appraisers' fees and court costs, and potentially would set off a brand new round of litigation between the public and private sectors; and WHEREAS, the gross inequity of such a result is exacerbated when it is realized that the actual value of the properties which are subject to pending claims have increased, in many cases in exponential proportion in excess of their respective actual values since May, 1995, thereby creating the possibility for unjustly enriching the respective owners far beyond any investment-backed expectations; and WHEREAS, of greater or equal impact, the proposed amendments, if enacted, will seriously impair local governments in their efforts to comply with State-mandated requirements in such areas as growth management, comprehensive planning, concurrency, protection of fragile, environmentally sensitive areas such as wetlands, beachfronts and forestlands, concern with carrying capacity, and many other quality of life concems; and WHEREAS, during the century and one half of Florida's existence, a comprehensive body of law has developed through Court interpretation of the State and Federal Constitutions and legislative enactment which has defined "takings" and the power and cost to the public incident to the exercise of eminent domain, all of which have amply protected and amply protect private ownership interests against the necessary as well as the arbitrary and capricious action of state and local governments. FSatto~$ALL\LAILA\Hatfis Act defeat.doc NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that: Section 1. The aforegoing recitations are adopted in their entirety. Section 2. The City opposes the enactment of Senate Bill 1164 and House Bill 113 which set forth amendments to the Harris Act and further opposes a ny and a 11 other proposed 1 egislative enactments which would subject State and local governments to further liability for the constitutional exercise of their legislative and quasi-judicial responsibilities and powers. Section 3. The Clerk is directed to provide certified copies of this Resolution to the President of the Senate, Speaker of the House, and the Governor. Section 4. This Resolution shall become effective upon adoption. PASSED and ADOPTED this ATTEST: CITY CLERK 19th day offS003. APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION FSatto\$ALL\LAILA~Iarris Act defeat.doc CITY OF MIAMI BEACH CITY ATTORNEY'S OFFICE TO: FROM: DATE: SUBJECT: Jorge M. Gonzalez City Manager Murray H. Dubbi~l City Attorney March 4, 2003 Bert J. Harris (SB 1164 and HB 113) Attached is a proposed Resolution for presentation to the Mayor and Commission at the next Commission Meeting. The Resolution is self explanatory and reflects the City's objections to the above legislation. cc: Mayor David Dermer Members of the City Commission Agenda Item Date .~-/~-~.~ MURRAY H. DUBBIN City Attorney OFFICE OF THE CITY ATTORNEY RECEIVED F L O R I O ~TY CLERK'S OFFICE Telephone: (305) 673-7470 Telecopy: (305) 673-7002 March 20, 2003 The Honorable Johnnie Byrd Speaker of the House 420 Capitol 402 South Monroe Tallahassee, FL 32399-1300 Re: Proposed Amendment to Section 70.001 F.S., Bert J. Harris Act - SB 1164 and HB 113 Dear Mr. Speaker: Enclosed is Resolution No. 2003-25153 adopted by the Mayor and City Commission of the City of Miami Beach, expressing their opposition to the above referenced legislation. I will be pleased to answer any questions that you or your staff may have. Mayor Dermer is also available for that purpose. City Attorney MHD:Im Encl. CCi Mayor David De,ruer Members of the City Commission Jorge M. Gonzalez, City Manager Robert Parcher, City Clerk Gary Rutledge, Esq. 1700 Convention Center Drive - Fourth Floor -- Miami Beach, Florida 33139