Resolution 2021-31655 RESOLUTION NO. 2021-31655
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, STRONGLY
OPPOSING ANY PROPOSED OR PROSPECTIVE STATE
LEGISLATION FILED FOR CONSIDERATION DURING THE
2021 LEGISLATIVE SESSION SEEKING TO EXPAND
CASINO GAMBLING OPERATIONS IN FLORIDA
("GAMBLING LEGISLATION"), INCLUDING, BUT NOT
LIMITED TO ANY ATTEMPT TO (1) SUPERSEDE THE
PROHIBITIONS ON GAMBLING AND CASINO
OPERATIONS IN THE CITY'S LAND DEVELOPMENT
REGULATIONS AND COMPREHENSIVE PLAN, (2)
AUTHORIZE THE TRANSFER OF AN EXISTING GAMBLING
OR CASINO LICENSE TO A NEW LOCATION, OR (3)
ALLOW AN EXISTING GAMBLING OR CASINO LICENSEE
TO OPEN A NEW FACILITY AT A NEW LOCATION UNDER
THE EXISTING LICENSE; AND FURTHER, AUTHORIZING
THE CITY ATTORNEY TO RETAIN OUTSIDE COUNSEL AS
MAY BE NECESSARY TO OPPOSE ANY PROSPECTIVE
OR PROPOSED GAMBLING LEGISLATION.
WHEREAS, Article VIII, Section 2(b) of the Florida Constitution provides that
"municipalities shall have governmental, corporate and proprietary powers to enable them
to conduct municipal government, perform municipal functions and render municipal
services, and may exercise any power for municipal purposes except as otherwise
provided by law"; and
WHEREAS, in 1973, the Florida Legislature enacted the Municipal Home Rule
Powers Act, guaranteeing that municipalities shall have the "governmental, corporate,
and proprietary powers to enable them to conduct municipal government, perform
municipal functions, and render municipal services, and may exercise any power for
municipal purposes, except when expressly prohibited by law"; and
WHEREAS, the City of Miami Beach has a long-standing policy against casino
gambling in Florida as evidenced by the following resolutions: No. 2018-30199, No. 2017-
29846, No. 2014-28529, No. 2011-27812, No. 2008-26927, and No. 2008-26925; and
WHEREAS, pursuant to Ordinance Nos. 2017-4104, 2017-4105, and 2017-4125,
the City Commission has prohibited casino and gambling uses and operations in all
zoning districts and future land use categories in the City; and
WHEREAS, inaddition, in 2018, Florida voters overwhelmingly voted for Voter
Approval of Casino Gambling Initiative, which amended the Florida Constitution to ensure
that Florida voters shall have the exclusive right to decide whether to authorize casino
gambling by requiring that in order for casino gambling to be authorized under Florida
law, it must be approved by Florida voters pursuant to Article XI, Section 3 of the Florida
Constitution; and
WHEREAS, if gambling interests are allowed to obtain major casino expansion,
full scale casino and gambling operations will become commonplace throughout our
community and state; and
WHEREAS, our community will bear the severe and painful economic and social
costs that always accompany expansive gambling, including the misery of individuals and
families touched by problem gambling as they are at higher risk of divorce, bankruptcy,
child abuse, domestic violence, crime and suicide; and
WHEREAS, the false promises of increased revenue and jobs, like the broken
promises that accompanied the lottery and other gambling expansions are intended to
convince Floridians to make a fool' s gamble with their future; and
WHEREAS, the City of Miami Beach desires to continue to be a number one
destination for tourism and local growth to the economy by supporting independent hotels,
restaurants and entertainment, without the overwhelming introduction of gambling that
was responsible for cannibalizing non-gambling businesses and have caused the
shuttering of forty percent of all restaurants and one-third of all retail businesses in Atlantic
City; and
WHEREAS, the negative economic and social effects of gambling operations far
outweigh any potential revenues that could be generated if allowed in our community;
and
WHEREAS, any new gambling operations in South Florida, especially in such
close proximity to the City of Miami Beach, could damage the City's brand and image, its
vital tourism and hospitality industry, and could cause irreparable harm to the City's
quality of life for its residents, businesses, and visitors; and
WHEREAS, any expansion of gambling operations in South Florida would have a
detrimental impact not only on the City, but the neighborhoods surrounding the proposed
gaming facilities, which have taken many years to transform into the thriving business,
cultural, art, shopping, and residential destinations of the Design District, Wynwood, and
the Edgewater District; and
WHEREAS, the City of Miami Beach rejects any expansion of gambling into the
City of Miami Beach, and precludes any destination casinos from being authorized in our
land development regulations; and
WHEREAS, at the March 17, 2021 Commission Meeting, the Mayor and City
Commission directed and authorized the City Attorney to retain outside counsel as may
be necessary to oppose the prospective or proposed gambling legislation.
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 any proposed or prospective state legislation filed
for consideration during the 2021 Legislative Session seeking to expand casino gambling
operations in Florida ("Gambling Legislation"), including, but not limited to any attempt to
(1) supersede the prohibitions on gambling and casino operations in the City's land
development regulations and comprehensive plan, (2)authorize the transfer of an existing
gambling or casino license to a new location, or(3) allow an existing gambling or casino
licensee to open a new facility at a new location under the existing license; and further,
directing and authorizing the City Attorney to retain outside counsel as may be necessary
to oppose the prospective or proposed Gambling Legislation.
PASSED AND ADOPTED this /7 day of March
ATTEST: Mayor Dan Gelber
Rafael E. Grana o, C Clerk
(Sponsored by Mayor Dan Gelber) FORM APPROVED
LANGUAGE
& FOR EXECUTION
3—
g�P� c ,ti, City Attorney D
WICORMIUTED
New Business and Commission Requests- R9 S
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Mayor Dan Gelber
DATE: March 17, 2021
SUBJECT:DISCUSS/TAKE ACTION REGARDING RETAINING OUTSIDE LEGAL
COUNSEL TO ASSIST THE CITY AND ITS STATE LOBBYING TEAM IN
OPPOSING ANY LEGISLATIVE EFFORTS TO EXPAND GAMBLING
WITHIN MIAMI-DADE COUNTY.
BACKGROUND/HISTORY
The purpose of this discussion is to authorize the Acting City Attorney to retain outside counsel
to represent the City's interests and, if necessary, initiate a legal challenge to any action by the
Florida Legislature to permit casino gambling in the City of Miami Beach or in Miami-Dade
County.
In 2017, and pursuant to Ordinance Nos. 2017-4104 and 2017-4125, the City Commission
amended the Land Development Regulations and Comprehensive Plan to broadly prohibit
casinos and other gambling operations throughout the City. The City Commission's opposition
to casino gambling is longstanding, as evidenced by Resolution Nos. 2021-31612, 2018-
30382, 2018-30199, 2017-29846, 2014-28529, 2011-27812, 2008-26927, and 2008-26925.
Any expansion of casino gambling, whether in Miami-Dade County or in Miami Beach, would
impose grave economic and social costs on our community. Gambling is fundamentally
incompatible with the City's residential neighborhoods, historic character, and vibrant economy.
Moreover, gambling would impede the City's efforts to raise its profile as a cultural destination.
Given that gambling is already prohibited throughout the City, any action by the Florida
Legislature to permit a casino or other gambling operation in Miami Beach would infringe upon
the City's home rule.Accordingly, I am seeking the support of the City Commission to authorize
the Acting City Attorney to retain outside counsel to monitor and, if necessary, initiate a
challenge to any gambling-related legislation introduced or adopted during the 2021 legislative
session.
SUPPORTING SURVEY DATA
N/A
Applicable Area
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Citywide
Is this a "Residents Right Does this item utilize G.O.
to Know" item. pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Legislative Tracking
Mayor Dan Gelber
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