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LTC 158-2017 City of West Miami Resolutions No. 2017-14 and 2017-15MIAMI BEACH OFFICE OF THE CITY CLERK No. 158-2017 LETTER TO COMMISSION TO: FROM: afael E. Granado, City C DATE: March 23, 2017 Mayor Philip Levine and Members of the City Commission SUBJECT: CITY OF WEST MIAMI RESOLUTIONS NO. 2017-14 AND 2017-15 Attached for your information are Resolutions No. 2017-14 and 2017-15, adopted by the Mayor and Commission of the City of West Miami on March 15, 2017. RESOLUTION NO. 2017-14 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF WEST MIAMI, FLORIDA, OPPOSING HOUSE BILL 17 (HB 17) AND ANY SIMILAR OR SUBSTITUTE LEGISLATION THAT WOULD PREEMPT THE LOCAL REGULATION OF BUSINESSES, PROFESSIONS, AND OCCUPATIONS TO THE STATE BY PROHIBITING LOCAL GOVERNMENTS FROM IMPOSING OR ADOPTING CERTAIN RULES, REGULATIONS, LICENSES, PERMITS, OR REQUIREMENTS, AND ANY ASSOCIATED FEES; THAT WOULD SUNSET EXISTING LOCAL REGULATIONS; OR THAT WOULD LIMIT LOCAL GOVERNMENTS IN MODIFYING OR IMPOSING ADDITIONAL REGULATIONS ON BUSINESSES, PROFESSIONS, AND OCCUPATIONS. RESOLUTION NO. 2017-15 RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF WEST MIAMI OPPOSING SENATE BILL 330 (SB 330) AND ANY SIMILAR OR SUBSTITUTE LEGISLATION LIMITING THE GOVERNING BODIES OF COUNTIES AND MUNICIPALITIES TO IMPOSE THE LOCAL BUSINESS TAX FEE TO $ 25.00. ALSO PROHIBITING CITIES AND COUNTIES FROM LEVYING LOCAL BUSINESS TAX IF THE TAX WAS NOT ADOPTED BY JANUARY 1, 2017. THE BILL FURTHER CREATES NEW EXEMPTIONS, AS OF JULY 1, 2016, FROM THE LOCAL BUSINESS TAX FOR VETERANS, A SURVIVING SPOUSE OF A VETERAN, THE SPOUSE OF ACTIVE DUTY MILITARY, AN INDIVIDUAL WHO IS RECEIVING PUBLIC ASSISTANCE OR AN INDIVIDUAL WHOSE HOUSEHOLD INCOME IS LESS THAN 130 PERCENT OF THE FEDERAL POVERTY LEVEL. The City of West Miami Clerk has requested that a copy of these -resolutions 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 Attachments F:\CLER\$ALL\LILIA\LTC's - Transmittal's\Resolution 2017-14 and 2017-15.docx RESOLUTION NO. 2017-14 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF WEST MIAMI, FLORIDA, OPPOSING HOUSE BILL 17 (HB 17) AND ANY SIMILAR OR SUBSTITUTE LEGISLATION THAT WOULD PREEMPT THE LOCAL REGULATION OF BUSINESSES, PROFESSIONS, AND OCCUPATIONS TO THE STATE BY PROHIBITING LOCAL GOVERNMENTS FROM IMPOSING OR ADOPTING CERTAIN RULES, REGULATIONS, LICENSES, PERMITS, OR REQUIREMENTS, AND ANY ASSOCIATED FEES; THAT WOULD SUNSET EXISTING LOCAL REGULATIONS; OR THAT WOULD LIMIT LOCAL GOVERNMENTS IN MODIFYING OR IMPOSING ADDITIONAL REGULATIONS ON BUSINESSES, PROFESSIONS, AND OCCUPATIONS. WHEREAS, House Bill 17 (HB 17) was filed for consideration during the Florida Legislature's 2017 Session by Representative Randy Fine (R - Palm Bay), and is co- sponsored by Representative Paul. Renner (R - Palm Coast); and WHEREAS, on February 22, 2017, the Careers & Competition Subcommittee of the House Commerce Committee voted favorably on a similar Committee Substitute Bill (CS/HB 17); and WHEREAS, CS/ HB 17 would expressly preempt the local regulation of businesses, professions, and occupations to the State of Florida by prohibiting local governments from imposing or adopting certain rules, regulations, licenses, permits, or requirements, and any associated fees; and WHEREAS, CS/HB 17 would supersede all local government regulations on businesses, professions, and occupations, even those regulations adopted prior to January 1, 2017, if they were adopted without general law authority; moreover, such pre-existing regulations would expire July 1, 2020; and WHEREAS, under CS/ HB 17, even if a local government had enacted a business regulation authorized by general law prior to January 1, 2017, the existing regulation could not be amended to impose additional regulations on business, professions, or occupations; moreover, a local government could not modify such regulation, except to repeal or reduce the regulation; and Resolution # 2017-14 Page 1 of 3 WHEREAS, in addition, a local regulation not authorized under the CS/HB 17, or expressly authorized by general law, would be a nullity and not enforceable; and WHEREAS, CS/HB 17, and any similar or substitute legislation, would have far- reaching negative impacts upon local governments throughout the State and would severely limit their ability to tailor local laws to their community needs, would sunset current laws, and would prevent the enactment of new laws that address, among other things, fair wages, human rights, environmental protections, and neighborhood quality - of -life; and WHEREAS, the Mayor and City Commission strongly oppose CS/HB 17 and any similar or substitute legislation that would preempt the local regulation of businesses, professions, and occupations to the State of Florida, sunset existing local regulations, or that would limit local governments in modifying or imposing additional regulations. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF WEST MIAMI, FLORIDA, that the Mayor and City Commission hereby oppose House Bill 17 and any similar or substitute legislation that would preempt the local regulation of businesses, professions, and occupations to the State by prohibiting local governments from imposing or adopting certain rules, regulations, licenses, permits, or requirements, and any associated fees; that would sunset existing local regulations; or that would limit local governments in modifying or imposing additional regulations on businesses, professions, and occupations. PASSED AND ADOPTED this 15th day of March, 2017. Eduardo H. Muhina, Mayor ATTEST: Anne : y Gon ! lez, C ► C City Clerk Resolution # 201744 Page 2 of 3 APPRO` D AS TO FORM AND SUFFICIENCY: JOSE A. ATTORN ROLL CALL VOTE: MAYOR EDUARDO H. MUHINA VICE -MAYOR CANDIDA BLANCA COMMISSIONER JUAN M. BLANES COMMISSIONER RHONDA A. RODRIGUEZ COMMISSIONER LUCIANO L. SUAREZ Y Y Resolution # 2017-14 Page 3 of 3 RESOLUTION NO. 2017-15 RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF WEST MIAMI OPPOSING SENATE BILL 330 (SB 330) AND ANY SIMILAR OR SUBSTITUTE LEGISLATION LIMITING THE GOVERNING BODIES OF COUNTIES AND MUNICIPALITIES TO IMPOSE THE LOCAL BUSINESS TAX FEE TO $ 25.00. ALSO PROHIBITING CITIES AND COUNTIES FROM LEVYING LOCAL BUSINESS TAX IF THE TAX WAS NOT ADOPTED BY JANUARY 1ST, 2017. THE BILL FURTHER CREATES NEW EXEMPTIONS, AS OF JULY 1, 2016, FROM THE LOCAL BUSINESS TAX FOR VETERANS, A SURVIVING SPOUSE OF A VETERAN, THE SPOUSE OF ACTIVE DUTY MILITARY, AN INDIVIDUAL WHO IS RECEIVING PUBLIC ASSISTANCE OR AN INDIVIDUAL WHOSE HOUSEHOLD INCOME IS LESS THAN 130 PERCENT OF THE FEDERAL POVERTY LEVEL. WHEREAS, Senate Bill 330 (SB 330) by Senator Stuebe was filed on 1/10/17. The bill proposes restrictions and limitations on local governments with regards to local business taxes. HB 487 by Rep. Renner has filed similar legislation in the Florida House; and WHEREAS, Senate Bill 330 seeks to significantly restrict the City's ability to levy new business tax receipts, and to limit the amount of each business tax receipt to $25.00 per taxpayer; and WHEREAS, Senate Bill 330 is inconsistent with the concept of home rule in that each municipality determines levels of service to support businesses, as well as the appropriate level of local taxes utilized to provide the services; and WHEREAS, Senate Bill 330, and any similar or substitute legislation, would have far-reaching negative impacts upon local governments throughout the State and would severely limit their ability to tailor local laws to their community needs, would sunset current laws, and would prevent the enactment of new laws that address, among other things, fair wages, human rights, environmental protections, and neighborhood quality - of -life; and Resolution # 2017-15 Page 1 of 2 WHEREAS, the Mayor and City Commission strongly oppose Senate Bill 330 and any similar or substitute legislation that would preempt the local regulation of businesses, professions, and occupations to the State of Florida, sunset existing local regulations, or that would limit local governments in modifying or imposing additional regulations. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF WEST MIAMI, FLORIDA, that the Mayor and City Commission hereby oppose Senate Bill 330 and any similar or substitute legislation that would preempt the local regulation of businesses, professions, and occupations to the State by prohibiting local governments from imposing or adopting certain rules, regulations, licenses, permits, or requirements, and any associated fees; that would sunset existing local regulations; or that would limit local governments in modifying or imposing additional regulations on businesses, professions, and occupations. PASSED AND ADOPTED this 15' day of March, 2017. Eduardo H. Muhilia, Mayor ATTE T: Anner Gonz lez, C 'Clerk APPROV AS TO FORM AND SUFFICIENCY: JOSE A. LOBOS, CITY ATTORNEY ROLL CALL VOTE: MAYOR EDUARDO H. MUHDZTA VICE -MAYOR CANDIDA BLANCA COMMISSIONER JUAN M. BLANES COMMISSIONER RHONDA A. RODRIGUEZ Y COMMISSIONER LUCIANO L. SUAREZ Resolution # 2017- Page 2 of 2