Resolution 2019-31102 RESOLUTION NO: 2019-31102
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, STRONGLY OPPOSING
SENATE BILL 1128, WHICH SEEKS TO PRE-EMPT THE
REGULATION OF SHORT-TERM RENTAL LAWS TO THE
STATE, AND DIRECTING THE CITY CLERK TO SEND A COPY
OF THIS RESOLUTION TO THE MEMBERS OF THE
COMMISSION OF MIAMI-DADE COUNTY, MIAMI-DADE COUNTY
LEGISLATIVE DELEGATION AND THE PRESIDENT OF THE
FLORIDA SENATE.
WHEREAS, Senate Bill 1128 ("SB 1128") has been filed on December 4, 2019 for
consideration during the 2020 Florida Legislative Session by Senator Manny Diaz (R —
Hialeah Gardens); and
WHEREAS, SB 1128 seeks to pre-empt regulation and control of short-term
rentals offered via an "advertising platform," which offers online access to listings for
transient public lodging establishments, to the State under the guise of "property rights";
and
WHEREAS, in 2010, the City of Miami Beach (the "City") enacted a short-term
ordinance prohibiting short-term rentals of single-family homes for terms of six months or
less if they are located in single-family residential districts; and
WHEREAS, it is a local governing body's jurisdiction to determine the appropriate
zoning regulations and locations of uses within the local government jurisdiction for the
safety and benefit of all of its property owners and citizens; and
WHEREAS, zoning is an important land use tool utilized by local governments to
regulate current and future growth and maintain community character in a manner
consistent with their adopted comprehensive plan; and
WHEREAS, the City has determined that regulation of short-term rentals is
essential for the protection of residential neighborhoods within designated areas from the
adverse effects of unrestrained short-term vacation rentals; and
WHEREAS, the City also has determined that its ordinance protects the life,
health, and safety of visitors and tourists; and
WHEREAS, there has been no demonstration that local municipalities in Florida
should be deprived of their constitutional home rule powers, or their zoning powers, or
their general powers to protect the health, safety and welfare of their citizens; and
WHEREAS, pre-empting regulation of short-term rentals to the State would
disregard the home rule authority by allowing tourist activity in all zoning districts; and
WHEREAS, as such, the Mayor and City Commission declare their strong
opposition to SB 1128 and any substitute or similar Senate bill which preempts the
authority of local municipalities to protect their citizens.
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 1128, which seeks to pre-empt the
regulation of short-term rental laws to the State, and direct the City Clerk to send a copy
of this Resolution to the members of the Commission of Miami-Dade County, Miami-Dade
County Legislative Delegation and the President of the Florida Senate.
PASSED AND ADOPTED this 11th day of December, 2019.
ATTEST:
Dan G , ayor
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Rafael E. Granado, City Clerk
(Sponsored by Commissioner Michael GOngora)
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APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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City Attorney Date
Resolutions -C7 V
MIAMI B .
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Raul J.Aguila, City Attorney
DATE: December 11,2019
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, STRONGLY OPPOSING SENATE BILL 1128,
WHICH SEEKS TO PRE-EMPT THE REGULATION OF SHORT-TERM
RENTAL LAWS TO THE STATE, AND DIRECTING THE CITY CLERK TO
SEND A COPY OF THIS RESOLUTION TO THE MEMBERS OF THE
COMMISSION OF MIAMI-DADE COUNTY AND THE PRESIDENT OF THE
FLORIDA SENATE.
RECOMMENDATION
Pursuant to the request of Commissioner Michael Gongora, the above-referenced Resolution is
submitted for consideration at the December 11, 2019 Commission meeting.
Applicable Area
Not Applicable
Is this a Resident Right to Does this item utilize G.O.
Know item? Bond Funds?
No No
Legislative Tracking
Office of the City Attorney
Sponsor
Commissioner Michael Gongora
ATTACHMENTS:
Description
o Resolution
Page 338 of 784