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Resolution 2019-31102 RESOLUTION NO: 2019-31102 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, STRONGLY OPPOSING SENATE BILL 1128, WHICH SEEKS TO PRE-EMPT THE REGULATION OF SHORT-TERM RENTAL LAWS TO THE STATE, AND DIRECTING THE CITY CLERK TO SEND A COPY OF THIS RESOLUTION TO THE MEMBERS OF THE COMMISSION OF MIAMI-DADE COUNTY, MIAMI-DADE COUNTY LEGISLATIVE DELEGATION AND THE PRESIDENT OF THE FLORIDA SENATE. WHEREAS, Senate Bill 1128 ("SB 1128") has been filed on December 4, 2019 for consideration during the 2020 Florida Legislative Session by Senator Manny Diaz (R — Hialeah Gardens); and WHEREAS, SB 1128 seeks to pre-empt regulation and control of short-term rentals offered via an "advertising platform," which offers online access to listings for transient public lodging establishments, to the State under the guise of "property rights"; and WHEREAS, in 2010, the City of Miami Beach (the "City") enacted a short-term ordinance prohibiting short-term rentals of single-family homes for terms of six months or less if they are located in single-family residential districts; and WHEREAS, it is a local governing body's jurisdiction to determine the appropriate zoning regulations and locations of uses within the local government jurisdiction for the safety and benefit of all of its property owners and citizens; and WHEREAS, zoning is an important land use tool utilized by local governments to regulate current and future growth and maintain community character in a manner consistent with their adopted comprehensive plan; and WHEREAS, the City has determined that regulation of short-term rentals is essential for the protection of residential neighborhoods within designated areas from the adverse effects of unrestrained short-term vacation rentals; and WHEREAS, the City also has determined that its ordinance protects the life, health, and safety of visitors and tourists; and WHEREAS, there has been no demonstration that local municipalities in Florida should be deprived of their constitutional home rule powers, or their zoning powers, or their general powers to protect the health, safety and welfare of their citizens; and WHEREAS, pre-empting regulation of short-term rentals to the State would disregard the home rule authority by allowing tourist activity in all zoning districts; and WHEREAS, as such, the Mayor and City Commission declare their strong opposition to SB 1128 and any substitute or similar Senate bill which preempts the authority of local municipalities to protect their citizens. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby strongly oppose Senate Bill 1128, which seeks to pre-empt the regulation of short-term rental laws to the State, and direct the City Clerk to send a copy of this Resolution to the members of the Commission of Miami-Dade County, Miami-Dade County Legislative Delegation and the President of the Florida Senate. PASSED AND ADOPTED this 11th day of December, 2019. ATTEST: Dan G , ayor 761 tz1lqvy Rafael E. Granado, City Clerk (Sponsored by Commissioner Michael GOngora) •�bTb ', i INCORPORA1ED t c� ttgtt«"" APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION OtT41-01.:f" . 4 City Attorney Date Resolutions -C7 V MIAMI B . COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Raul J.Aguila, City Attorney DATE: December 11,2019 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, STRONGLY OPPOSING SENATE BILL 1128, WHICH SEEKS TO PRE-EMPT THE REGULATION OF SHORT-TERM RENTAL LAWS TO THE STATE, AND DIRECTING THE CITY CLERK TO SEND A COPY OF THIS RESOLUTION TO THE MEMBERS OF THE COMMISSION OF MIAMI-DADE COUNTY AND THE PRESIDENT OF THE FLORIDA SENATE. RECOMMENDATION Pursuant to the request of Commissioner Michael Gongora, the above-referenced Resolution is submitted for consideration at the December 11, 2019 Commission meeting. Applicable Area Not Applicable Is this a Resident Right to Does this item utilize G.O. Know item? Bond Funds? No No Legislative Tracking Office of the City Attorney Sponsor Commissioner Michael Gongora ATTACHMENTS: Description o Resolution Page 338 of 784