LTC 142-2022 City of Miami Resolution No. R-22-0073142-2022
MIAMI BEACH
OFFIC E OF T HE CITY CLERK
No.
TO:
FROM:
DATE:
LETTER TO COMMISSION
Mayor Dan Gelber and Members:=.Jy Commission
Rafael E. Granado, City Clerk / (j
April 14, 2022
SUBJECT: CITY OF MIAMI RESOLUTION NO. R-22-0073
Attached for your information is Resolution No. R-22 -0073, adopted by the Mayor and City
Commission of City of Miami on February 10, 2022.
A RESOLUTION OF THE MIAMI CITY COMMISSION OPPOSING
SENATE BILL ("SB") 280, HOUSE BILL ("HB") 403, AND ANY SIMILAR
LEGISLATION THAT WILL HINDER A LOCAL GOVERNMENT'S
AUTHORITY TO REGULATE AND DELAY ENFORCEMENT OF LOCAL
ORDINANCES; URGING GOVERNOR RON DESANTIS AND THE
MEMBERS OF THE FLORIDA LEGISLATURE TO OPPOSE SAID
LEGISLATION; DIRECTING THE CITY MANAGER TO INCLUDE
OPPOSITION TO SB 280 AND HB 403 TO THE CITY OF MIAMI'S 2022
LEGISLATIVE PRIORITIES; DIRECTING THE CITY CLERK TO
TRANSMIT A CERTIFIED COPY OF THIS RESOLUTION TO THE
OFFICIALS NAMED HEREIN.
The City of Miami Clerk has requested that a copy of this Resolution 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
Attachment
F :\CLER\$ALL\LILIAILTC's -Transmittal's\Miami\Resolution R-22-0073 City of Miami.docx
File Number: 11521
City of Miami
Certified Copy
City Ha ll
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Enactment Number: R-22-0073
A RESOLUTION OF THE MIAMI CITY COMMISSION OPPOSING SENATE
BILL ("SB") 280, HOUSE BILL ("HB") 403, AND ANY SIMILAR LEGISLATION
THAT WILL HINDER A LOCAL GOVERNMENT'S AUTHORITY TO REGULATE
AND DELAY ENFORCEMENT OF LOCAL ORDINANCES; URGING
GOVERNOR RON DESANTIS AND THE MEMBERS OF THE FLORIDA
LEG ISLATUR E TO OPPOSE SAID LEGISLATION; DIRECTING THE CITY
MANAGER TO INCLUD E OPPOSITION TO SB 280 AND HB 403 TO THE CITY
OF MIAMI'S 2022 LEGISLATIVE PRIORITIES; DIRECTING THE CITY CLERK
TO TRANSM IT A CERTIF IED COPY OF THIS RESOLUTION TO THE
OFFICIALS NAMED HEREIN .
SPONSOR(S): Commissioner Joe Carollo
WHEREAS, on September 21, 2021, Senator Travis Hutson filed Senate Bill ("SB") 280
authorizing courts to stay enforcement of local ordinances and award attorney fees and costs
and damages in civil actions challenging local laws and ordinances; and
WHEREAS, on Octobe r 25, 2021, Representative Mike Giallombardo filed House Bill
("HB") 403 as a companion bill in the House of Representatives proposing the same matter as
SB 280; and
WHEREAS, SB 280 and HB 403, among other things, requires lo cal governments to
suspend enforcement of an ordinance when a lawsuit is brought alleging the ordinance is
preempted by state law, arbitrary, or unreasonable through to the conclu s ion of the laws uit ,
including appeals; and
WHEREAS, SB 280 and HB 403 will empower lo ca l businesses and others to hinder the
local government's ability to enforce its regulations, without lim itation, until a lawsuit and a ll
appeals are resolved; and
WHEREAS, SB 280 and HS 403 further require local governments to produce a
"business impact estimate" prior to passing an ordinance, which must include a summary of the
proposed ordinance, an estimate of the direct economic impact of the proposed ordinance on
private business , a good faith estimate of the number of impacted businesses, and a ny
additiona l information deemed useful; and
WHEREAS, Article VII , Section 18 of the Florida Constitution provides, in part, that a
local government may not be bound by a general law requiring the expenditure of funds or to
take action requiring the same unless a spec ific exemption or exception app lies; and
WHEREAS, local governments will incur substantial costs to comp ly with SB 280 and
HS 403 and suffer significan t delays in exercising their authority to regulate to protect the hea lth ,
safety, and welfare of it s community; and
City of Miami Page 1 of 3 R-22-0073
File Number: 11521 Enactment Number: R-22-0073
WH EREAS, SB 280 and HB 403 do not fall within any constitutional exemption ; and
WHER EAS, SB 280 and HB 403 is an extreme overreach of state government and
severe ly restricts the authority of local government to protect the health, safety, and welfare of
their communities ; and
WHEREAS , it is contrary to the best interests and welfare of the residents of the City of
Miami ("City") to allow the Florida Legislature to dramatically impact its authority to regulate; and
WH EREAS, the City Commission urges the Florida Legislature to vote against any
legis lation that would diminish the local government's authority to regulate in the best interest of
its community; and
WHEREAS, in accordance with Section 2-33(f) of the City Code, the City
Commission, by a majority vote, hereby deems this Reso lution to be of an emergency
nature ;
NOW, THEREFORE , BE IT RESOLVED BY THE COMMISS ION OF THE CITY OF
MIAMI , FLORIDA:
Section 1. The recitals and findings contained in the Preamble of this Resolution are
adopted by reference and incorporated as fully set forth in this Section.
Section 2. The City Comm ission hereby opposes SB 280, HB 403, and any similar
legislation that will hinder a local government's authority to regulate and delay enforcement of
local ordinances.
Section 3. The City Manager is hereby directed to include opposition to SB 280, HB
403, and any simi lar legislation (collectively "Legislation") to the City's 2022 Legislative
Priorities .
Section 4. The City Commiss ion urges Governor Ron Desantis ("Governor") and the
members of the Florida Legislature to oppose the Legislation.
Section 5. The City Clerk is directed to transmit a certified copy of this Reso luti on to the
Governor, President of the Senate Wilton Simpson; Speaker Chris Sprowls ; Senator Manny
Diaz, Jr.; Senator Ileana Garcia; Representative Nicholas X. Duran; Representative Michael
Grieco; the members of the Miami-Dade County Legislative Delegation; the Executive Board of
the Miami-Dade County League of C itie s; and the City Clerks of all municipalities within Miami -
Dade County .
Section 6. This Resolution shall become effective imm ediately upon its adoption .
DATE :
RESULT:
MOVER:
SECONDER:
AYES:
City of Miami
2/10 /2022
ADOPTED
Alex Diaz de la Portilla, Commissioner
Manolo Reyes, Commissioner
Christine King , Joe Caro llo, Ken Russell, Alex Diaz de la Portilla, Manolo Reyes
Pago 2 of 3 R-22-0073
File Number: 11521 Enactment Number: R-22-0073
I, Todd B. Hannon, City Clerk of the City of Miami, Florida, and keeper of the records
thereof, do hereby certify that this constitutes a true and correct copy of Resolution No. R-
22-0073, passed by the City Commission on 2/10/2022.
~>-4±---
City Clerk, [}~y Cler:,.
(for Todd 8. Hannon, City
Clerk)
City of Miami Page 3 of 3
April 131 2022
Date Certified
R-22·0073