2003-25153 ResoRESOLUTION NO. 2003-25153
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA EXPRESSING
OPPOSITION TO SENATE BILL 1164 AND HOUSE BILL 113
WHICH SET FORTH AMENDMENTS TO THE BERT J.
HARRIS, JR. ACT AND ANY AND ALL OTHER PROPOSED
AMENDMENTS THAT WOULD SUBJECT LOCAL AND
STATE GOVERNMENTS TO FURTHER LIABILITY FOR
THE CONSTITUTIONAL EXERCISE OF THEIR
LEGISLATIVE AND QUASI-JUDICIAL RESPONSIBILITIES
AND POWERS; TRANSMITTING THE RESOLUTION TO
THE PRESIDENT OF THE SENATE, SPEAKER OF THE
HOUSE AND GOVERNOR; SETTING AN EFFECTIVE DATE.
WHEREAS, the Bert J. Harris, Jr. Private Property Rights Protection Act ("Harris Act"), as
codified in Section 70.001 of the Florida Statutes, was enacted in 1995 to provide a limited remedy
for property owners when their property has been "inordinately burdened" by the action of a
governmental entity; and
WHEREAS, since its inception, numerous commentators and governments alike have
expressed concern that the Harris Act is impermissibly vague, fraught with various problems in its
application and interpretation, and has had a chilling effect upon numerous governments in their
planning and zoning activities; and
WHEREAS, in the eight years since the enactment of the Harris Act, there have been over
258 claims asserted against local governments in Florida; and
WHEREAS, despite its various constitutional infirmities relating to, inter alia, its failure to
define "inordinate burden" and "reasonable, investment-backed expectations;" the automatic
ripeness provisions that appear to violate separation of powers doctrine; and the uncertainties
inherent in its attempt to create a statute of limitations period; the Act nonetheless provided in clear
language that it does "not affect the sovereign immunity of government"; and
WHEREAS, on July 18, 2002, one of the above cases, namely Royal World Metropolitan,
Inc. v. City of Miami Beach, 11th Judicial Court Case No. 99-17243 (Royal World), resulted in a
favorable summary judgment for the City which determined that the doctrine of sovereign immunity
protects the City from liability for damages under the Harris Act; and
WHEREAS, t he Plaintiffs i n Royal World filed an appeal i n t he Third District Court o f
Appeal which is pending as of the commencement of the 2003 Session of the Florida Legislature;
and
WHEREAS, following the Plaintiffs' appeal in Royal World to the Third District,
legislation has been proposed via Senate Bill 1164 and House Bill 113 which, if constitutional, in
part seeks to nullify the effect of the Royal Worm decision and adversely affect the ad valorem tax
paying public of Florida in as many as 258 other claims pending statewide, by not only amending
the Harris Act to provide for a total waiver of sovereign immunity for govemment, but providing
that such waiver is retroactive to May 11, 1995; and
WHEREAS, the economic impact of amending the Harris Act as proposed and making it
retroactive for eight (8) years would be devastating for the State and for local governments
statewide; and
WHEREAS, for example, the potential economic effect of eliminating sovereign immunity
in the City of Miami Beach is reflected by the amounts claimed in its pending eight Harris Act cases
which total $24,817,750, exclusive of interest, attorney's fees, and court costs; and
WHEREAS, the amendments proposed in Senate Bill 1164 and House Bill 113 seek to
interfere with the pending judicial process in the Royal World case, as well as in numerous other
cases pending before various courts in the State of Florida; and
WItEREAS, that portion of the proposed legislation which seeks to abolish sovereign
immunity protection retroactive to May, 1995, if enacted, and detemfined to be constitutional,
would frustrate as much a s eight years o f 1 itigation throughout t he State (5 years i n t he City o f
Miami Beach alone), the expenditures of inordinate amounts of public and private funds for
attorneys' and appraisers' fees and court costs, and potentially would set off a brand new round of
litigation between the public and private sectors; and
WHEREAS, the gross inequity of such a result is exacerbated when it is realized that the
actual value of the properties which are subject to pending claims have increased, in many cases in
exponential proportion in excess of their respective actual values since May, 1995, thereby creating
the possibility for unjustly enriching the respective owners far beyond any investment-backed
expectations; and
WHEREAS, of greater or equal impact, the proposed amendments, if enacted, will
seriously impair local governments in their efforts to comply with State-mandated requirements in
such areas as growth management, comprehensive planning, concurrency, protection of fragile,
environmentally sensitive areas such as wetlands, beachfronts and forestlands, concern with
carrying capacity, and many other quality of life concems; and
WHEREAS, during the century and one half of Florida's existence, a comprehensive body
of law has developed through Court interpretation of the State and Federal Constitutions and
legislative enactment which has defined "takings" and the power and cost to the public incident to
the exercise of eminent domain, all of which have amply protected and amply protect private
ownership interests against the necessary as well as the arbitrary and capricious action of state and
local governments.
FSatto~$ALL\LAILA\Hatfis Act defeat.doc
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that:
Section 1. The aforegoing recitations are adopted in their entirety.
Section 2. The City opposes the enactment of Senate Bill 1164 and
House Bill 113 which set forth amendments to the Harris Act and further
opposes a ny and a 11 other proposed 1 egislative enactments which would
subject State and local governments to further liability for the
constitutional exercise of their legislative and quasi-judicial
responsibilities and powers.
Section 3. The Clerk is directed to provide certified copies of this
Resolution to the President of the Senate, Speaker of the House, and the
Governor.
Section 4. This Resolution shall become effective upon adoption.
PASSED and ADOPTED this
ATTEST:
CITY CLERK
19th day offS003.
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
FSatto\$ALL\LAILA~Iarris Act defeat.doc
CITY OF MIAMI BEACH
CITY ATTORNEY'S OFFICE
TO:
FROM:
DATE:
SUBJECT:
Jorge M. Gonzalez
City Manager
Murray H. Dubbi~l
City Attorney
March 4, 2003
Bert J. Harris (SB 1164 and HB 113)
Attached is a proposed Resolution for presentation to the Mayor and Commission at the next
Commission Meeting.
The Resolution is self explanatory and reflects the City's objections to the above legislation.
cc: Mayor David Dermer
Members of the City Commission
Agenda Item
Date .~-/~-~.~
MURRAY H. DUBBIN
City Attorney
OFFICE OF THE CITY ATTORNEY
RECEIVED
F L O R I
O ~TY CLERK'S OFFICE
Telephone: (305) 673-7470
Telecopy: (305) 673-7002
March 20, 2003
The Honorable Johnnie Byrd
Speaker of the House
420 Capitol
402 South Monroe
Tallahassee, FL 32399-1300
Re:
Proposed Amendment to Section 70.001 F.S., Bert J. Harris Act -
SB 1164 and HB 113
Dear Mr. Speaker:
Enclosed is Resolution No. 2003-25153 adopted by the Mayor and City Commission of the City
of Miami Beach, expressing their opposition to the above referenced legislation.
I will be pleased to answer any questions that you or your staff may have. Mayor Dermer is also
available for that purpose.
City Attorney
MHD:Im
Encl.
CCi
Mayor David De,ruer
Members of the City Commission
Jorge M. Gonzalez, City Manager
Robert Parcher, City Clerk
Gary Rutledge, Esq.
1700 Convention Center Drive - Fourth Floor -- Miami Beach, Florida 33139