LTC 153-2017 City of Coral Gables Resolution No. 2017-47MIAMIBEACH
OFFICE OF THE CITY CLERK
No. 153-2017
LETTER TO COMMISSION
TO: Mayor Philip Levine and Members of the City Commission
FROM: Rafael E. Granado, City Clerk
DATE: March 21, 2017
SUBJECT: CITY OF CORAL GABLES RESOLUTION NO. 2017-47
Attached for your information is Resolution No. 17-2419, adopted by the Mayor and Commission
of the City of Coral Gables on February 28, 2017.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CORAL
GABLES, FLORIDA, DIRECTING THE CITY'S ADMINISTRATION TO
MAKE OPPOSITION OF HOUSE BILL 17 PART OF THE CITY'S
LEGISLATIVE AGENDA AND URGING THE FLORIDA HOUSE OF
REPRESENTATIVES AND SENATE NOT TO ADOPT HOUSE BILL 17 OR
SIMILAR LEGISLATION.
The City of Coral Gables Clerk has requested that a copy of this resolution 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.
LC/REG
Attachment
F:\CLER\$ALL\CILIA\LTC's - Transmittal's\Resolution 2017-47.docx
CITY OF CORAL GABLES, FLORIDA
RESOLUTION NO. 2017-47
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF CORAL GABLES, FLORIDA, DIRECTING THE
CITY'S ADMINISTRATION TO MAKE OPPOSITION OF
HOUSE BILL 17 PART OF THE CITY'S LEGISLATIVE
AGENDA AND URGING THE FLORIDA HOUSE OF
REPRESENTATIVES AND SENATE NOT TO ADOPT
HOUSE BILL 17 OR SIMILAR LEGISLATION.
WHEREAS, on January 31, 2017 Representative Randy Fine (R, Brevard County)
introduced House Bill 17- Local Regulation Preemption; and
WHEREAS, the full title of House Bill 17 is "An act relating to local regulation
preemption; providing definitions; prohibiting certain local governments from imposing or
adopting certain regulations on businesses, professions, and occupations after a certain date;
preempting the regulation of business, profession, and occupations to the state; providing
exceptions to such preemption; providing an effective date" and
WHEREAS, the text of House Bill 17 purports to expressly preempt all regulation of
businesses, professions and occupations to the state and supersede any local government
regulation of the same passed after January 1, 2017 unless the regulation is expressly authorized
by general law; and
WHEREAS, the protection of Home Rule powers is of utmost importance to the City of
Coral Gables, and the City believes that House Bill 17 is unconstitutional and not good public
policy; and
WHEREAS, adoption of House Bill 17 would be an unconstitutional attempt to
statutorily revoke the municipal home rule powers protected in the Florida Constitution,
specifically Article VIII, Section 2(b), which protects municipalities throughout Florida,
including the City of Coral Gables; and
WHEREAS, adoption of House Bill 17 would also be an unconstitutional attempt to
statutorily revoke the Miami -Dade Home Rule Amendment, as delineated in Article VIII, Section
11 of the Florida Constitution, which guarantees home rule in local affairs for Miami -Dade
County, including the City of Coral Gables; and
WHEREAS, the aforementioned constitutional provisions establish the constitutional
relationship between the State government and municipal governments, which cannot be repealed
or undermined by a statute; and
WHEREAS, the City of Coral Gables directs that opposition to House Bill 17 as part of
be made part of the City's legislative agenda; and
Page 1 of 2 — Resolution No. 2017-47
WHEREAS, the City of Coral Gables urges the House of Representatives not to adopt
House Bill 17, or similar legislation, as it is unconstitutional and not good public policy; and
WHEREAS, the City urges the Florida Senate not to adopt any companion bill or similar
legislation;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF CORAL GABLES:
SECTION 1. That 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 opposition to House Bill 17, or
similar legislation in the House of Representatives or Senate be made part of the City's legislative
agenda.
SECTION 3. That the City urges the Florida House of Representatives and the Senate
not to adopt House 13i11 17, or companion legislation, as it is unconstitutional and not good public
policy.
SECTION 4. That the Coral Gables City Attorney's Office is directed to take appropriate
action to protect the City's constitutional home rule powers.
SECTION 5. That the City Clerk is directed to send a certified copy of this resolution to
the Florida League of Cities, Miami -Dade County, and other neighboring municipalities.
SECTION 6. That this Resolution shall become effective upon the date of its passage
and adoption herein.
2017.
PASSED AND ADOPTED THIS TWENTY-EIGHTH DAY OF FEBRUARY, A.D.,
(Moved: Keon / Seconded: Lago)
(Yeas: Lago, Quesada, Slesnick, Keon, Cason)
(Unanimous: 5-0 Vote)
(Agenda Item: I-1)
APPR
STATE OF FLORIDA CUNTY pF ilio WI t)ALE,
I, HEREBY CE`TIFY that the foregoing
(Pages 1 — inclusive)
is a true and correct copy of the original
office
CA C IL
MAYOR
APPROVED AS TO FORM AND
LEG • 'UFFICIENCY:
CRAIG E. LEEN
CITY ATTORNEY
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