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Resolution 2022-31996RESOLUTION NO. 2022-31996 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, STRONGLY OPPOSING SENATE BILL 620 AND HOUSE BILL 569, BOTH OF WHICH SEEK TO AUTHORIZE BUSINESSES TO CLAIM BUSINESS DAMAGES FROM MUNICIPALITIES IF MUNICIPALITIES ENACT OR AMEND CERTAIN ORDINANCES OR CHARTER PROVISIONS IMPACTING BUSINESS PROFIT OR REVENUES; AND DIRECTING THE CITY CLERK TO SEND A COPY OF THIS RESOLUTION TO THE SPEAKER OF THE FLORIDA HOUSE OF REPRESENTATIVES, AND THE PRESIDENT OF THE FLORIDA SENATE. WHEREAS, Senate Bill 620 ("SB 620") and its related House Bill 569 ("HB 569") (together, the "Bills") have been filed for consideration during the Florida Legislature's 2022 session; and WHEREAS, SB 620 and HB 569 seek to authorize businesses to sue local governments for damages for otherwise lawfully enacted legislation, if their profits or revenues drop 15% as a result of a local government regulation; and WHEREAS, by creating a right of action against governmental entities for otherwise lawfully enacted legislation, the proposed Bills create significant liability exposure for counties and municipalities in connection with the performance of their legislative functions; and WHEREAS, in addition to the potential liability exposure for enormous damages awards for otherwise lawfully enacted legislation, the Bills would also authorize a prevailing business to be awarded costs and attorney fees, payable by the county or municipality, and would thereby allocate the risks of litigation, and the costs thereof, to counties and municipalities; and WHEREAS, the proposed Bills would create a cottage industry of lawsuits against governmental entities for otherwise lawfully enacted legislation, and would further clog courts and deplete limited judicial resources; and WHEREAS, if passed, the Bills would have a chilling effect on legislation and would severely restrict counties and municipalities in the exercise of their legislative powers and general powers to protect the health, safety and welfare of their citizens; and WHEREAS, in recent years, the Florida Legislature has increasingly implemented legislation that restricts municipal and county home rule authority by preempting and prohibiting local governments from implementing regulations on a variety of matters; and WHEREAS, recent examples include the preemption of local government authority to regulate plastic bags, plastic straws, vacation rentals, and tree pruning and removals, among other matters; and WHEREAS, it is a local governing body's jurisdiction to determine the appropriate steps to solve local issues for the safety and benefit of all of its property owners and citizens, and to balance and take into account the social, economic, environmental and fiscal impacts of legislative decisions; and WHEREAS, the deterioration of home rule authority is contrary to the principle of subsidiarity, which emphasizes the importance of having the government closest to the people provide government services and regulations because of local government responsiveness to the will of the voter and the needs of the people; 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 and businesses' needs and wants, provided that such laws do not conflict with state law and are enacted in furtherance of legitimate governmental purposes; and WHEREAS, the proper remedy for any business owner asserting that any particular lawfully enacted legislation unduly impacts them is at the ballot box, by electing officials whose views are aligned with their views, and not via draconian legislation that pits business interests above all other competing legislative interests; and WHEREAS, local governments, and groups such as the Florida Association of Counties, the Florida League of Cities, the Florida AFL-CIO and Sierra Club Florida already expressed their opposition to the measure; and WHEREAS, based on the foregoing, the Mayor and City Commission vehemently oppose and condemn SB 620 and HB 569 and any other similar legislation and urge the Florida Legislature to vote against the Bills or any other similar legislation brought for their consideration. 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 620 and House Bill 569, both of which seek to authorizing certain businesses to claim business damages from municipalities if municipalities enact or amend certain ordinances or charter provisions impacting business profit or revenues, and direct the City Clerk to send 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 a° day of T""'I , 2022. Attest: X0_4,_� Dan Gelber, Mayor Rafael E. Granado, City Clerk JAN 2 5 2022, (Sponsored by Commissioner Alex Fernandez) ;.....rid= -e' , APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION �Ia�COR?�O�.AiEO; City Attorney �� Date C7 - Resolutions AD MIA/01 BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Commissioner Alex Fernandez DATE: January 20, 2022 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, STRONGLY OPPOSING SENATE BILL 620 AND HOUSE BILL 569, BOTH OF WHICH SEEK TO AUTHORIZE BUSINESSES TO CLAIM BUSINESS DAMAGES FROM MUNICIPALITIES IF MUNICIPALITIES ENACT OR AMEND CERTAIN ORDINANCES OR CHARTER PROVISIONS IMPACTING BUSINESS PROFIT OR REVENUES; AND DIRECTING THE CITY CLERK TO SEND A COPY OF THIS RESOLUTION TO THE SPEAKER OF THE FLORIDA HOUSE OF REPRESENTATIVES, AND THE PRESIDENT OF THE FLORIDA SENATE. ANALYSIS Above referenced resolution is submitted for consideration to January 20 Commission meeting. SUPPORTING SURVEY DATA N/A Applicable Area Not Applicable Is this a "Residents Right to Know" item. pursuant to City Code Section 2-14? No Leaislative Tracking Commissioner Alex Fernandez ATTACHMENTS: Description ❑ Resolution Does this item utilize G.O. Bond Funds? Page 477 of 1313 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfi.gov Office of the City Clerk Tel: 305-673-741 1 January 25, 2022 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. 2022-31996: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, STRONGLY OPPOSING SENATE BILL 620 AND HOUSE BILL 569, BOTH OF WHICH SEEK TO AUTHORIZE BUSINESSES TO CLAIM BUSINESS DAMAGES FROM MUNICIPALITIES IF MUNICIPALITIES ENACT OR AMEND CERTAIN ORDINANCES OR CHARTER PROVISIONS IMPACTING BUSINESS PROFIT OR REVENUES; AND DIRECTING THE CITY CLERK TO SEND A COPY OF THIS RESOLUTION TO THE SPEAKER OF THE FLORIDA HOUSE OF REPRESENTATIVES, AND THE PRESIDENT OF THE FLORIDA SENATE. (Sponsored by Commissioner Alex Fernandez) This Resolution was passed and adopted by the Mayor and City Commissioners of the City of Miami Beach on January 20, 2022. Respectfully, Rafael E. Granado City Clerk c: Commissioner Alex Fernandez MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfi.gov Office of the City Clerk Tel: 305-673-7411 January 25, 2022 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. 2022-31996: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, STRONGLY OPPOSING SENATE BILL 620 AND HOUSE BILL 569, BOTH OF WHICH SEEK TO AUTHORIZE BUSINESSES TO CLAIM BUSINESS DAMAGES FROM MUNICIPALITIES IF MUNICIPALITIES ENACT OR AMEND CERTAIN ORDINANCES OR CHARTER PROVISIONS IMPACTING BUSINESS PROFIT OR REVENUES; AND DIRECTING THE CITY CLERK TO SEND A COPY OF THIS RESOLUTION TO THE SPEAKER OF THE FLORIDA HOUSE OF REPRESENTATIVES, AND THE PRESIDENT OF THE FLORIDA SENATE. (Sponsored by Commissioner Alex Fernandez) This Resolution was passed and adopted by the Mayor and City Commissioners of the City of Miami Beach on January 20, 2022. Respectfully, Rafael E. Granado City Clerk c: Commissioner Alex Fernandez