LTC 104-2021 WILTON MANORS RESOLUTIONS NO. 2021-024 AND 2021-025MIAMI BEACH
OFFICE OF THE CITY CLERK
No.
104-2021 LETTER TO COMMISSION
TO:
FROM:
DATE:
SUBJECT:
Mayor Dan Gelber and Member~~ CijYommission
sao careo. c car //
March 12, 2021
WILTON MANORS RESOLUTIONS NO. 2021-024 AND 2021-025
Attached for your information are Resolutions No. 2021-024 and 2021-025, adopted by the
Mayor and Commission of the City of Wilton Manors on March 9, 2021.
RESOLUTION NO. 2021-024
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WILTON
MANORS, FLORIDA, OPPOSING LEGISLATIVE EFFORTS TO IMPEDE THE
CONSTITUTIONAL RIGHT FLORIDA'S CITIZENS HAVE ENJOYED FOR
MORE THAN 50 YEARS TO GOVERN THEMSELVES UNDER MUNICIPAL
HOME RULE POWERS; OPPOSING THE LEGISLATURE'S PERSISTENT
INTRUSION INTO LOCAL FINANCES, WHICH ARE NECESSARY TO
PROVIDE FINANCIAL STABILITY AND ESSENTIAL SERVICES UNIQUELY
REQUIRED BY MUNICIPAL RESIDENTS AND LOCAL BUSINESSES;
OPPOSING UNFUNDED STATE MANDATES ON CITIES; DIRECTING CITY
ADMINISTRATION TO TRANSMIT A COPY OF THIS RESOLUTION;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
RESOLUTION NO. 2020-025
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WILTON
MANORS, FLORIDA, URGING ALL MEMBERS OF FLORIDA LEGISLATURE
TO OPPOSE HOUSE BILL 403 AND SENATE BILL 266 WHICH PREEMPTS
LOCAL GOVERNMENT FROM ENACTING AND ENFORCING LOCAL
ORDINANCES; DIRECTING CITY ADMINISTRATION TO TRANSMIT A COPY
OF THIS RESOLUTION; PROVIDING FOR SEVERABILITY; AND PROVIDING
AN EFFECTIVE DATE.
The City of Wilton Manors 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. 7 411.
REG/le
Attachments
F :\C LE R \$A LLILI LI A \L TC's - Tr a nsm i tt al's\Wi lton M aners \R esolutions 2021-024 and 2021-025 W ilton M anors.dccx
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RESOLUTION NO. 2021-024
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
WILTON MANORS, FLORIDA, OPPOSING LEGISLATIVE
EFFORTS TO IMPEDE THE CONSTITUTIONAL RIGHT
FLORIDA'S CITIZENS HAVE ENJOYED FOR MORE THAN 50
YEARS TO GO VERN THEMSEL VES UNDER MUNICIPAL
HOME RULE POWERS; OPPOSING THE LEGISLATURE 'S
PERSISTENT INTRUSION INTO LOCAL FINANCES, WHICH
ARE NECESSARY TO PROVIDE FINANCIAL STABILITY AND
ESSENTIAL SERVICES UNIQUELY REQUIRED BY MUNICIPAL
RESIDENTS AND LOCAL BUSINESSE S; OPPOSING UNFUNDED
STATE MANDATES ON CITIES; DIRE CTIN G CITY
ADMINISTRATION TO TRANSMIT A COPY OF THIS
RESOLUTION; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, as provided for in Secti on 2(b ), Arti cle VIlI of the Constituti on of
the State of Florida it is the expressed wil l of the voters of Florida to have the right to
govern themse lves under muni cipal Home Rule powers ; and
WHEREAS, Floridians have po ssessed this co nstitutional right of local self-
governme nt for more than 50 years ; and
WHEREAS, as the only form of voluntary governm ent, Fl orida 's muni cipali ties
are the em bodim ent of the Fl orida Co nstituti on's right ofl ocal self-governm ent; and
WHEREAS, muni cipal Home Rule po wers include all governm ental , corpo rate
and pro prietary powers necessary to co nduct muni cipal governm ent, perform muni cipal
functi ons and render muni cipal servi ces for the uni que benefit of the people who live
and work. within a municipality; and
WHEREAS, Floridians exerc ise the ir Home Rule powe rs by voting to
inco rpo rate and be governed under a muni cipal fo rm of governm ent for a vari ety of
reaso ns , including increased services, a unique bus iness and residential enviro nm ent,
and greater voice in how their governm ent is run; and
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WHEREAS, municipal citizens further exercise their Home Rule powers by
voting on a charter that specifies the desired form. functions and powers of their
municipal government; and
WHEREAS, Floridians' constitutional right to govern themselves locally, under
municipal Home Rule powers and pursuant to their adopted municipal charters, is being
increasingly erod ed and limited by actions of the Florida Legislature; and
WHEREAS, these actions of the Florida Legislature take power away from
Florida citizens to ensure their chosen municipal government provides their desired
level of services, offers their desired quality of life and otherwise meets their needs in a
timely and effective manner; and
WHEREAS, municipalities are authorized by the Florida Constitution and by
general law to levy ad valorem and other forms of local taxation, and are further
authorized by general law and their Home Rule powers to impose special assessments
and fees; and
WHEREAS, municipal residents and local businesses pay local tax.es,
assessments and fees for the specific purpose of obtaining and enhancing their desired
level of municipal services and amenities; and
WHEREAS, intrusion from the Florida Legislature into municipal finances
prohibits elected municipal leaders from meeting the expectations of their residents and
local businesses that local revenues will be used as intended; and
WHEREAS, the Florida League of Cities has included the protection of local
self-government under municipal Home Rule powers as one of its 2021 Legislative
Priorities; and
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1 WHEREAS, the C ity of Wilto n M anors is concern ed with the negati ve impac ts
2 unfun ded state mandates have on the services provi ded by ci ties and with the fis cal
3 im pac ts they have on local taxpayers ; and
4 WHEREAS, an unfunded state man date is gen erall y defined as a state law
5 req uirin g a city to spen d fun ds or to tak e an acti on req uiring the expend iture of funds
6 without the state pro vi ding an adequate fun din g so urce; an d
7 WHEREAS, unfunded state man dates co ntinuously fo rce cities to adjust local
8 servi ce pri orities an d raise local tax es and fees to pay for such unfun ded man dat es ; an d
9 WHEREAS, ci ties are forced to pass the increased co sts as soc iate d wi th
10 unfunded state man dat es to the citizens and taxpa yers of the city; and
11 WHEREAS, the pri orities and pro grams of local citize ns of cities are often
12 curtail ed when limi ted local fun ds must be di verted to pay for unfun ded state man dat es;
13 and
14 WHE REAS, unfunded state man dates are not fair to local pro perty owners or
15 elected city officials who are trying to address local pri orities and pro blems with a
16 limit ed amo unt of finan cial reso urces ; an d
17 WHEREAS, pri or to 1990 the state legis lature passed hundreds of unfun ded
18 state man dat es on the citi es; and
19 WHEREAS, the citize ns of Fl orida passed a state co nstitutional am en dm ent in
20 1990 to limi t the ability of the state legis lature to pass unfunded state man dates on the
21 ci ties (Arti cle VII Section 18 Flori da Constitution); and
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I WHERE AS , ev en wi th the 1990 state co nsti tuti onal am en dm en ts to limi t
2 unfunded state mandates the state legislature continues to pass unfunded mandates
3 under various exceptions to the law; and
4 WHEREAS, the City Commission of the City of Wilton Manors requests the
5 state legislature to make reasonable and responsible changes to current state laws to
6 eliminate existing unfunded state mandates on cities, and further requests the state
7 legislature to honor the intent of the 1990 state constitutional amendment restricting
8 unfunded state mandates and not pass any unfunded state mandates in the future.
9 NOW , THERE FORE , BE IT RE SOL VE D BY THE CITY COMMI SSION
10 OF THE CITY OF WI LTON MAN ORS , FLORID A, THA T:
11 Section 1. The above "WHEREAS" clauses are hereby ratified and
12 confirmed as being true and correct and are incorporated herein by this reference.
13 Section2. The City Commission of the City of Wilton Manors opposes and
14 urges all members of the Florida Legislature to oppose, legislation that limits
15 Floridians' constitutional right to govern themselves under municipal Home Rule
16
17
Powers.
Section 3. The City Commission of the City of Wilton Manors opposes and
18 urges all members of the Florida Legislature to oppose, legislation that would interfere
19 with or intrude into municipal finances.
20 Section 4. The City Commission of the City of Wilton Manors hereby
21 requests the Florida Legislature to make reasonable and responsible changes to current
22 laws to eliminate existing unfunded state mandates on cities.
(0043 2986.1 2976-920 129 1) Page4of6
1 Section 5. The City Commission of the City of Wilton Man ors hereb y
2 requests the Florida Le gisl at ure to honor the intent of the 1990 state consti tuti onal
3 amendment restricting unfunded state mandates and not pass any unfund ed state mandates
4 on citi es in the future .
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Section 6. The City Commissi on of the City of Wilton Man ors urges the
Governo r to appro ve any legislati on m aki ng reaso nab le and respo nsi ble chang es to current
state laws to elim inate existing unfunded state mandates on citi es .
Secti on 7 . The City C ommi ssi on further directs City Admini strati on to
transmit a cop y of this Reso luti on to the Broward League of Cities, the Florida League of
C ities , the Bro ward County Legislati ve Del egati on, the Palm B eac h County League of
C ities, the Miami Dade County League of C ities and any other interested parties.
Section 8. Al l Reso luti ons or parts of Res oluti ons in confli ct here wi th, be
and the sam e are repeal ed to the exte nt of such confli ct.
Section 9. If any secti on, sentence , clause or phrase of this R eso luti on is
15 held to be invali d or unconstituti onal by any court of co mpete nt juri sdi cti on, then sai d
16 holding shall in no way affect the validity of the rem aining porti ons of thi s Reso lution.
17 Section 10. This Reso luti on shall beco me effecti ve imm edi ate ly upon its
18 passag e and ado pti on.
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PASSED AND ADOPTED BY THE CIT¥ COMMISSION OF THE CITY OF
WILTON MANORS, FLORIDA, THIS /DAY OF MARCH, 2021.
CITY OF WILTON MANORS, FLORIDA
sete r • By: ·.·· . . . ·.-· - - a..%.#
RECORD OF COMMISSION VOTE
MAYOR NEWTON
VICE MAYOR ROLLI
COMMISSIONER BRACCHI
COMMISSIONER CAPUTO
COMMISSIONER RESNICK
I HEREBY CERTIFY that I have
appro ved the form of this Resolution.
Q.
»
C ITY O F W ILT O N M AN O RS
CO U N TY O F BRO W ARD
STATE OF FLORIDA
I HEREBY CE RTI FY that the
above and foregoing is atuye ?ya [[Ag
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as filed in my office.
W ITN ESS my hand and officiai
seal in the cr y ot_won Mano"° g1/"
Broward C~lorida, this
day of •AC~J.z.,
ity C
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RES OLlITI ON NO. 2021-025
A RESO LUTI ON OF THE CITY COMMISS ION OF THE CITY OF
WILTON MAN ORS , FLORIDA, URGING ALL ME MB ERS OF
FLORIDA LEGISLATURE TO OPPO SE HOUSE BILL 40 3 AND
SENATE BILL 266 WHICH PREE MPTS LO CAL GOVERNMENT
FROM ENACTIN G AND ENFORCIN G LOCAL ORDINANCES ;
DIRE CTING CITY ADMINISTRA TION TO TRAN SMIT A COPY
OF THIS RESO LUTI ON; PROVID ING FOR SEVE RABILITY;
AND PROVIDING AN EFFE CTIVE DATE.
WHEREAS, as provided for in Section 2b), Arti cle VIII of the Consti tution of
the State of Florida it is the expressed will of the voters of Florida to have the right to
govern themse lves under municipal Home Rule powers; and
WHEREAS, Floridians have possessed this consti tuti onal right of local self-
government for over 50 years ; and
WHEREAS, as the only form of voluntary governmen t, Florida's municipalities
are the embodim ent of the Florida Constituti on's right of local self-governm ent; and
WHEREAS, muni cipal Home Rule powers include all governmental. corporate
and pro prietary powers necessary to conduct municipal government, perform muni cipal
functions and render municipal services for the unique benefit of the people who live
and work within a municipality; and
WHEREAS, Floridians exercise their Home Rule powers by voting to
incorporate and be governed unde r a muni cipal form of governme nt for a variety of
reaso ns, including increased services, a uni que business and resi dential enviro nment,
and greater voice in how their government is nm; and
WHEREAS, municipal citize ns further exercise their Home Rule powers by
voting on a charter that specifies the desired form, fun ctions, and powers of their
municipal government; and
(00432629,1 2976-9201291} Page 1 of4
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1 WHE REAS , suc h bill s are a direct assault of the ho me rul e po we rs of W ilton
2 Mano rs and other ci ties , to wns and counties in Fl ori da and are co ntrary to the vi ew
3 often stated by members of the legisl ature that the governm ent that is the closest to the
4 peo ple is th e government that is best
5 N O W, THE RE FO RE , B E IT RE SO L VE D B Y T HE C ITY C O MMI SS IO N
6 O F TH E CI TY O F WIL T O N MAN O RS , FL ORID A, THA T :
7 Section 1. The abo ve "WHE RE A S" cl auses are hereb y ratifi ed and
8 confirm ed as be ing true and cor rect and are incorporated herein by this referen ce.
9 Sectio n l. The City Co mmissi on of the C ity of Wilto n Man ors urges all
IO members of the F lorida Legislature to oppo se the adopti on ofHB 403 and SB 266.
11 Section3. Th e City C ommi ssi on furth er directs C ity Admini strati on to
12 transmi t a cop y of thi s Reso luti on to the B roward League of C ities, th e Fl ori da League
13 of C iti es, the B row ard C ounty Le gis lati ve De legati on, the Palm Beac h C ounty League
14 of C iti es , the Miami D ad e Co unty League of C iti es , and any other interest ed parti es .
15 Sectio n 4. Al l Resol uti ons or parts of Resolutions in conflict here with, be
16 and the sam e are repeal ed to the exten t of suc h co nfli ct.
17 Section5. If an y secti on, senten ce, clause or phrase of this Resol uti on is
18 hel d to be invali d or un constituti onal by any co urt of competen t juri sdi ction, then sai d
19 holding shall in no way affect the validity of the remaining porti ons of this Res oluti on.
20 Section 6. This Reso luti on shal l beco me effecti ve imm ed iate ly upon its
21 pas sag e and ad opti on.
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PASSED AND ADO PTED BY THE CITY COMMI SSION OF THE CITY OF
WILTON MANORS, FLORIDA, THIS / DAY OF MARCH, 2021.
·t
•i' ¿e
Cl1YCLERK
I HEREBY CERTIFY that I have
approved the form of this Resolution.
.r- ,_
ar
CITY OF WILTON MANORS, FLORIDA
at.8f By. a 7,
scUr so, .KOR
RECORD OF COMMISSION VOTE
MAYOR NEWTON
VICE MA YOR ROLLI
COMMISSIONER BRACCHI
COMMISSIONER CAPUTO
COMMISSIONER RESNICK
CITY O F W ILTO N MANO RS
CO UNTY O F BRO W ARD
STATE O F FLO RIDA
I HEREBY CERTIFY that the
above and fore goi ng iea true ag se g?le,, '}
"A-
as filed in my office.
WITNESS my hand and official
seal in the City ot Wilton Manors, +t-
Broward {%Florida, this, _,,-
day ot Y i . _a ii
3%
~
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