Resolution 2021-31608 RESOLUTION NO. 2021-31608
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, STRONGLY
OPPOSING PROPOSED STATE LEGISLATION FILED FOR
CONSIDERATION DURING THE 2021 LEGISLATIVE SESSION
THAT WOULD PREEMPT LOCAL RULEMAKING AND WEAKEN
LOCAL GOVERNMENTS' HOME RULE POWERS, SUCH AS
SENATE BILL 266, SENATE BILL 522, HOUSE BILL 53, AND
ANY OTHER BILL THAT WOULD IMPAIR THE CITY'S ABILITY
TO PROTECT THE HEALTH, SAFETY, AND WELFARE OF ITS
CITIZENS; AND DIRECTING THE CITY CLERK TO TRANSMIT A
COPY OF THIS RESOLUTION TO THE SPEAKER OF THE
FLORIDA HOUSE OF REPRESENTATIVES, AND THE
PRESIDENT OF THE FLORIDA SENATE.
WHEREAS, Article VIII, Section 2(b) of the Florida Constitution provides that
"municipalities shall have governmental, corporate and proprietary powers to enable them to
conduct municipal government, perform municipal functions and render municipal services,
and may exercise any power for municipal purposes except as otherwise provided by law";
and
WHEREAS, in 1973, the Florida Legislature enacted the Municipal Home Rule Powers
Act, guaranteeing that municipalities shall have the "governmental, corporate, and proprietary
powers to enable them to conduct municipal government, perform municipal functions, and
render municipal services, and may exercise any power for municipal purposes, except when
expressly prohibited by law"; and
WHEREAS, a number of bills have been filed for consideration during the Florida
Legislature's 2021 session that seek to preempt municipal home rule through various means,
many of which would adversely impact the City of Miami Beach and other local governments;
and
WHEREAS, Senate Bill 266 ("SB 266") and its related House Bill 403 ("HB 403") have
been filed for consideration during the Florida Legislature's 2021 session; and
WHEREAS, SB 266 seeks to prohibit local governments from enacting or enforcing
any ordinance, regulation or policy or take any action to license or otherwise regulate a
home-based business in a manner that is different from other businesses in a local
government's jurisdiction; and
WHEREAS, if enacted, the proposed bill will preempt local governments from licensing
home-based businesses, and supersede local zoning, significantly curtailing the authority of
counties and municipalities and limiting local authority to regulations pertaining to noise,
parking and increased waste; and
WHEREAS, SB 266 would preempt local planning, as State law requires local
governments to adopt comprehensive land use plans that designate what businesses are
permitted in different areas of each municipality; and
WHEREAS, businesses such as funeral homes, boat repair shops, car stereo
installation shops, and others would be able to operate in residential neighborhoods, which
would lead to increased customers, traffic, deliveries, and nuisances in residential areas,
leading to health and safety issues, and degradation of the quality of life for neighboring
residents; 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 such power must remain with the local
governments; and
WHEREAS, furthermore, SB 522, and its related HB 219, would preempt to the State
the regulation of short-term rentals, undo any local registration, inspection or licensing
requirements specific to short-term rentals adopted since 2014, and require any local
regulatory ordinances, such as registration, noise, parking, and waste, to apply to all
residential properties, regardless of how the property is being used; and
WHEREAS, such uniform state regulations for vacation-rental properties will fail to
capture the unique characteristics and needs of local Florida municipalities; and
WHEREAS, opposition to state regulation of vacation rentals has been voiced not only
by local officials but Florida residents as well — a 2020 St. Pete Polls survey found that 75%
of Floridians want the government closest to them regulating vacation rentals in their
neighborhoods; and
WHEREAS, this concern over uniform regulations is especially applicable to the City
of Miami Beach, where the great majority of investors in short-term rental properties in the
Miami Beach area are conglomerates, not private citizens seeking to supplement their
income; and
WHEREAS, furthermore, HB 53, and its related SB 1076, would require local
governments to utilize competitive bidding processes when contracting city, town or county
public works projects, and would block a local government from training employees in
designated programs with a restricted curriculum or from a single source and local
ordinances that require things like apprenticeship programs; and
WHEREAS, the bills listed in this Resolution are just some examples of numerous bills
filed for consideration during the 2021 Legislative Session that seek to preempt local
rulemaking through various means; and
WHEREAS, there has been no demonstration that local municipalities in Florida
should be deprived of their constitutional home rule powers, or their general powers to protect
the health, safety and welfare of their citizens; and
WHEREAS, given the unique characteristics and demographics of each municipality,
local elected officials are best-suited to determine what laws and regulations are necessary
for their respective communities need and want; and
WHEREAS, based on the foregoing, the Mayor and City Commission strongly oppose
the enactment of SB 266, SB 522, HB 53, and any other proposed legislation that would
preempt the authority of local municipalities to protect their citizens, regulate nuisances, and
plan for growth.
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 proposed State legislation filed for consideration during
the 2021 legislative session that would preempt local rulemaking and weaken local
governments' home rule powers, such as Senate Bill 266, Senate Bill 522, House Bill 53, and
any other bill that would impair the City's ability to protect the health, safety, and welfare of its
citizens; and direct the City Clerk to transmit a copy of this Resolution to the Speaker of the
Florida House of Representatives, and the President of the Florida Senate.
PASSED AND ADOPTED this °N day of Febru 021.
ATTEST: ,-- Mayor Dan Gelber
.344.7 I
Rafael E. Granado, City Clerk
(Sponsored by Commissioner Micky Steinberg)
APPROVED AS TO
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MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139,www.miamibeachfl.gov
Office of the City Clerk
Tel: 305-673-7411
March 4, 2021
Senate President Wilton Simpson
409 The Capitol
404 S. Monroe Street
Tallahassee, FL 32399
Dear Senate President Simpson,
Attached please find a copy of City of Miami Beach Resolution No. 2021-31608:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, STRONGLY OPPOSING PROPOSED STATE
LEGISLATION FILED FOR CONSIDERATION DURING THE 2021
LEGISLATIVE SESSION THAT WOULD PREEMPT LOCAL RULEMAKING
AND WEAKEN LOCAL GOVERNMENTS' HOME RULE POWERS, SUCH AS
SENATE BILL 266, SENATE BILL 522, HOUSE BILL 53, AND ANY OTHER
BILL THAT WOULD IMPAIR THE CITY'S ABILITY TO PROTECT THE
HEALTH, SAFETY,AND WELFARE OF ITS CITIZENS;AND DIRECTING THE
CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE
SPEAKER OF THE FLORIDA HOUSE OF REPRESENTATIVES, AND THE
PRESIDENT OF THE FLORIDA SENATE.
(Sponsored by Commissioner Micky Steinberg)
This Resolution was passed and adopted by the Mayor and City Commission of the City of Miami
Beach on February 24, 2021.
Respectfully,
Rafael E. Granado
City Clerk
c: Commissioner Micky Steinberg
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139,www.miamibeachfl.gov
Office of the City Clerk
Tel: 305-673-741 1
March 4, 2021
Speaker of the House Chris Sprowls
420 The Capitol
402 South Monroe Street
Tallahassee, FL 32399
Dear Speaker of the House Sprowls,
Attached please find a copy of City of Miami Beach Resolution No. 2021-31608:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, STRONGLY OPPOSING PROPOSED STATE
LEGISLATION FILED FOR CONSIDERATION DURING THE 2021
LEGISLATIVE SESSION THAT WOULD PREEMPT LOCAL RULEMAKING
AND WEAKEN LOCAL GOVERNMENTS' HOME RULE POWERS, SUCH AS
SENATE BILL 266, SENATE BILL 522, HOUSE BILL 53, AND ANY OTHER
BILL THAT WOULD IMPAIR THE CITY'S ABILITY TO PROTECT THE
HEALTH, SAFETY, AND WELFARE OF ITS CITIZENS; AND DIRECTING THE
CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE
SPEAKER OF THE FLORIDA HOUSE OF REPRESENTATIVES, AND THE
PRESIDENT OF THE FLORIDA SENATE.
(Sponsored by Commissioner Micky Steinberg)
This Resolution was passed and adopted by the Mayor and City Commission of the City of Miami
Beach on February 24, 2021.
Respectfully,
Rafael E. Granado
City Clerk
c: Commissioner Micky Steinberg
Resolutions - C7 C
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael Paz, Acting City Attorney
DATE: February 24, 2021
SUBJECT: RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, STRONGLY OPPOSING PROPOSED STATE
LEGISLATION FILED FOR CONSIDERATION DURING THE 2021
LEGISLATIVE SESSION THAT WOULD PREEMPT LOCAL RULEMAKING
AND WEAKEN LOCAL GOVERNMENTS' HOME RULE POWERS, SUCH AS
SENATE BILL 266, SENATE BILL 522, HOUSE BILL 53, AND ANY OTHER
BILL THAT WOULD IMPAIR THE CITY'S ABILITY TO PROTECT THE
HEALTH, SAFETY, AND WELFARE OF ITS CITIZENS; AND DIRECTING
THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE
SPEAKER OF THE FLORIDA HOUSE OF REPRESENTATIVES, AND THE
PRESIDENT OF THE FLORIDA SENATE.
RECOMMENDATION
Pursuant to the request of Commissioner Micky Steinberg, the above-referenced Resolution is
submitted for consideration by the Mayor and City Commission at the February 24, 2021
Commission meeting.
SUPPORTING SURVEY DATA
N/A
Applicable Area
Not Applicable
Is this a "Residents Right Does this item utilize G.O.
to Know" item, pursuant to Bond Funds?
City Code Section 2-14?
No No
Legislative Tracking
Office of the City Attorney
Sponsor
Commissioner Micky Steinberg
Page 19 of 439
ATTACHMENTS:
Description
❑ Resolution
Page 20 of 439