Resolution 2022-31996RESOLUTION NO. 2022-31996
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, STRONGLY
OPPOSING SENATE BILL 620 AND HOUSE BILL 569, BOTH OF
WHICH SEEK TO AUTHORIZE BUSINESSES TO CLAIM
BUSINESS DAMAGES FROM MUNICIPALITIES IF
MUNICIPALITIES ENACT OR AMEND CERTAIN ORDINANCES
OR CHARTER PROVISIONS IMPACTING BUSINESS PROFIT
OR REVENUES; AND DIRECTING THE CITY CLERK TO SEND
A COPY OF THIS RESOLUTION TO THE SPEAKER OF THE
FLORIDA HOUSE OF REPRESENTATIVES, AND THE
PRESIDENT OF THE FLORIDA SENATE.
WHEREAS, Senate Bill 620 ("SB 620") and its related House Bill 569 ("HB 569") (together,
the "Bills") have been filed for consideration during the Florida Legislature's 2022 session; and
WHEREAS, SB 620 and HB 569 seek to authorize businesses to sue local governments
for damages for otherwise lawfully enacted legislation, if their profits or revenues drop 15% as a
result of a local government regulation; and
WHEREAS, by creating a right of action against governmental entities for otherwise
lawfully enacted legislation, the proposed Bills create significant liability exposure for counties and
municipalities in connection with the performance of their legislative functions; and
WHEREAS, in addition to the potential liability exposure for enormous damages awards
for otherwise lawfully enacted legislation, the Bills would also authorize a prevailing business to
be awarded costs and attorney fees, payable by the county or municipality, and would thereby
allocate the risks of litigation, and the costs thereof, to counties and municipalities; and
WHEREAS, the proposed Bills would create a cottage industry of lawsuits against
governmental entities for otherwise lawfully enacted legislation, and would further clog courts and
deplete limited judicial resources; and
WHEREAS, if passed, the Bills would have a chilling effect on legislation and would
severely restrict counties and municipalities in the exercise of their legislative powers and general
powers to protect the health, safety and welfare of their citizens; and
WHEREAS, in recent years, the Florida Legislature has increasingly implemented
legislation that restricts municipal and county home rule authority by preempting and prohibiting
local governments from implementing regulations on a variety of matters; and
WHEREAS, recent examples include the preemption of local government authority to
regulate plastic bags, plastic straws, vacation rentals, and tree pruning and removals, among
other matters; and
WHEREAS, it is a local governing body's jurisdiction to determine the appropriate steps
to solve local issues for the safety and benefit of all of its property owners and citizens, and to
balance and take into account the social, economic, environmental and fiscal impacts of
legislative decisions; and
WHEREAS, the deterioration of home rule authority is contrary to the principle of
subsidiarity, which emphasizes the importance of having the government closest to the people
provide government services and regulations because of local government responsiveness to the
will of the voter and the needs of the people; and
WHEREAS, given the unique characteristics and demographics of each municipality, local
elected officials are best suited to determine what laws and regulations are necessary for their
respective communities and businesses' needs and wants, provided that such laws do not conflict
with state law and are enacted in furtherance of legitimate governmental purposes; and
WHEREAS, the proper remedy for any business owner asserting that any particular
lawfully enacted legislation unduly impacts them is at the ballot box, by electing officials whose
views are aligned with their views, and not via draconian legislation that pits business interests
above all other competing legislative interests; and
WHEREAS, local governments, and groups such as the Florida Association of Counties,
the Florida League of Cities, the Florida AFL-CIO and Sierra Club Florida already expressed their
opposition to the measure; and
WHEREAS, based on the foregoing, the Mayor and City Commission vehemently oppose
and condemn SB 620 and HB 569 and any other similar legislation and urge the Florida
Legislature to vote against the Bills or any other similar legislation brought for their consideration.
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 620 and House Bill 569, both of which seek to
authorizing certain businesses to claim business damages from municipalities if municipalities
enact or amend certain ordinances or charter provisions impacting business profit or revenues,
and direct the City Clerk to send a copy of this Resolution to the Speaker of the Florida House of
representatives, and the President of the Florida Senate.
PASSED AND ADOPTED this a° day of T""'I , 2022.
Attest: X0_4,_�
Dan Gelber, Mayor
Rafael E. Granado, City Clerk JAN 2 5 2022,
(Sponsored by Commissioner Alex Fernandez)
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APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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City Attorney �� Date
C7 - Resolutions AD
MIA/01 BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Commissioner Alex Fernandez
DATE: January 20, 2022
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, STRONGLY OPPOSING SENATE BILL 620
AND HOUSE BILL 569, BOTH OF WHICH SEEK TO AUTHORIZE
BUSINESSES TO CLAIM BUSINESS DAMAGES FROM MUNICIPALITIES
IF MUNICIPALITIES ENACT OR AMEND CERTAIN ORDINANCES OR
CHARTER PROVISIONS IMPACTING BUSINESS PROFIT OR
REVENUES; AND DIRECTING THE CITY CLERK TO SEND A COPY OF
THIS RESOLUTION TO THE SPEAKER OF THE FLORIDA HOUSE OF
REPRESENTATIVES, AND THE PRESIDENT OF THE FLORIDA SENATE.
ANALYSIS
Above referenced resolution is submitted for consideration to January 20 Commission meeting.
SUPPORTING SURVEY DATA
N/A
Applicable Area
Not Applicable
Is this a "Residents Right
to Know" item. pursuant to
City Code Section 2-14?
No
Leaislative Tracking
Commissioner Alex Fernandez
ATTACHMENTS:
Description
❑ Resolution
Does this item utilize G.O.
Bond Funds?
Page 477 of 1313
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfi.gov
Office of the City Clerk
Tel: 305-673-741 1
January 25, 2022
Senate President Wilton Simpson
409 The Capitol
404 S. Monroe Street
Tallahassee, FL 32399
Dear Senate President Simpson,
Attached please find a copy of City of Miami Beach Resolution. No. 2022-31996:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, STRONGLY OPPOSING SENATE BILL 620 AND
HOUSE BILL 569, BOTH OF WHICH SEEK TO AUTHORIZE BUSINESSES TO
CLAIM BUSINESS DAMAGES FROM MUNICIPALITIES IF MUNICIPALITIES
ENACT OR AMEND CERTAIN ORDINANCES OR CHARTER PROVISIONS
IMPACTING BUSINESS PROFIT OR REVENUES; AND DIRECTING THE CITY
CLERK TO SEND A COPY OF THIS RESOLUTION TO THE SPEAKER OF THE
FLORIDA HOUSE OF REPRESENTATIVES, AND THE PRESIDENT OF THE
FLORIDA SENATE.
(Sponsored by Commissioner Alex Fernandez)
This Resolution was passed and adopted by the Mayor and City Commissioners of the City of
Miami Beach on January 20, 2022.
Respectfully,
Rafael E. Granado
City Clerk
c: Commissioner Alex Fernandez
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfi.gov
Office of the City Clerk
Tel: 305-673-7411
January 25, 2022
Speaker of the House Chris Sprowls
420 The Capitol
402 South Monroe Street
Tallahassee, FL 32399
Dear Speaker of the House Sprowls,
Attached please find a copy of City of Miami Beach Resolution No. 2022-31996:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, STRONGLY OPPOSING SENATE BILL 620 AND
HOUSE BILL 569, BOTH OF WHICH SEEK TO AUTHORIZE BUSINESSES TO
CLAIM BUSINESS DAMAGES FROM MUNICIPALITIES IF MUNICIPALITIES
ENACT OR AMEND CERTAIN ORDINANCES OR CHARTER PROVISIONS
IMPACTING BUSINESS PROFIT OR REVENUES; AND DIRECTING THE CITY
CLERK TO SEND A COPY OF THIS RESOLUTION TO THE SPEAKER OF THE
FLORIDA HOUSE OF REPRESENTATIVES, AND THE PRESIDENT OF THE
FLORIDA SENATE.
(Sponsored by Commissioner Alex Fernandez)
This Resolution was passed and adopted by the Mayor and City Commissioners of the City of
Miami Beach on January 20, 2022.
Respectfully,
Rafael E. Granado
City Clerk
c: Commissioner Alex Fernandez