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