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Resolution 2025-33705 RESOLUTION NO. Z02533705 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, URGING FLORIDA GOVERNOR RON DESANTIS TO VETO SENATE BILL 780 (2025), RELATING TO STATE AND LOCAL EMERGENCY PLANNING AND RESPONSE ACTIVITIES, DUE TO THE BROAD PROHIBITION IN THE BILL ON THE PROPOSAL OR ADOPTION BY A CITY OR COUNTY OF ANY COMPREHENSIVE PLAN AMENDMENT, LAND DEVELOPMENT REGULATION, OR PROCEDURE CONCERNING A SITE PLAN, DEVELOPMENT PERMIT, OR DEVELOPMENT ORDER THAT IS MORE RESTRICTIVE THAN WHAT WAS ALLOWED BY THE CITY OR COUNTY AS OF AUGUST 1, 2024, WHICH PROHIBITION WILL UNNECESSARILY LIMIT THE CITY'S HOME RULE AUTHORITY AND RESTRICT THE CITY'S ABILITY TO ADOPT LAND-USE LEGISLATION THAT PROMOTES THE HEALTH, SAFETY, WELFARE, AND QUALITY OF LIFE OF THE CITY'S RESIDENTS, BUSINESSES, AND VISITORS; AND, FURTHER, DIRECTING THE CITY CLERK TO TRANSMITA COPY OF THIS RESOLUTION TO THE GOVERNOR. WHEREAS, during the 2025 Legislative Session, the Flonda Legislature adopted Senate Bill 180, which includes various changes to sta[e laws goveming emergency preparation and response activities of state and local governments; and WHEREAS, SB 180 is intended to improve the ability of state and local governments to plan for and respond to natural disasters including hurricanes; and WHEREAS, SB 180 was amended prior to adoption to provide that each municipality in a county listed in the Federal Disaster Declarations for Hurricane Debby, Hurricane Helene, and Hurricane Milton "may not propose or adopt more restrictive or burdensome amendments to its comprehensive plan or land development regulations; or propose or adopt more restrictive or burdensome procedures concerning review, approval, or issuance of a site plan, development permit, or development order, to the extent that those terms are defned by s. 163.3164, Florida Statutes, before October 1, 2027"; and WHEREAS, the bill also provides that "any such . . . restrictive or burdensome comprehensive plan amendment, land development regulation, or procedure shall be null and void ab initio," and that"[t]his subsection applies retroactively to August 1, 2024"; and WHEREAS. all counties in Florida, including Miami-Dade County, were listed in the Federal Disaster Declarations for Hurricanes Debby, Helene, or Milton, all of which struck Florida in 2024; and WHEREAS, the bill therefore broadly prevents all local govemments in Florida, until Odober 1, 2027, from adopting any comprehensive plan or land development regulation amendment, or procedure conceming a site plan, development permit, or development order, that is at all more restrictive than the requirements in effect prior to August 1, 2024; and WHEREAS, if signed into law, SB 180 could invalidate a number of comprehensive plan and land development regulation amendments adopted by the City Commission since August 1, 2024; and WHEREAS, in addition to the one-time preemption between August 1, 2024, and October 1, 2027, the bill also provides that any city or county located within 100 miles of the track of a storm declared to be a hurricane shall be prohibited, for a period of 1 year after the hurricane makes landfall, from adopting certain development moratoria, a "more restrictive or burdensome amendment to its comprehensive plan or land development regulations," or a "more restrictive or burdensome procedure concerning review, approval, or issuance of a site plan, development permit, or development order . . . ."�, and WHEREAS, these amendments to SB 180 will restrict the City from enforcing or enacting comprehensive plan and land development regulation amendments that are intended to promote public safety, make development more resilient, and protect residents' quality of life; and WHEREAS, the Florida Chapter of the American Planning Association has urged Govemor DesaMis to veto SB 180 on the basis that "changes to land use regulations have been utilized in planning practices during storm recovery to improve resiliency and reduce the nsk of repetitive losses"; the bill will "create a continuous means of delaying needed improvements to regulations that will help ensure the protection of life and property, as well as lower the risks that dnve up insurance costs, as communities rebuild"; and that it "indiscriminately impedes local govemment planning in all counties and municipalities for three years"; and WHEREAS, 1000 Friends of Fbrida has also urged Governor Desantis to veto SB 180, noting that it would "nullify local efforts to adopt land-use changes to promote greater community resilience, to protect lives, property and public dollars from future storms"; and WHEREAS, notwi[hstanding the important policy changes in SB �80 that are intended to promote disaster preparation and recovery, SB 180 unnecessarily limits the City's home rule authonty and restricts �he City's ability to adopt land-use legislation that promotes the health, safety, welfare, and quality of life of the City's residents, businesses, and visitors. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby urge Flonda Governor Ron Desantis to veto Senate Bill 180 (2025), relating to state and local emergency planning and response activities, due to the broad prohibition in the bill on the proposal or adoption by a city or county of any comprehensive plan amendment, land development regulation, or procedure conceming a site plan, development pertnit. or developmenl order that is more restrictive than what was allowed by the city or county as of August 1, 2024, which prohibition will unnecessarily limit the City's home rule authority and restrict the City's ability to adopt land-use legislation that promotes Ihe health, safety, welfare, and quality of life ofthe City's residents, businesses, and visitors; direct the City Manager to authorize the City's state legislative affairs staff and consWtants to advocate, on behalf of the City's residents, for a vero; and, further, direct the City Clerk to transmit a copy of this Resolution to the Govemor. PASSED and ADOPTED this 21st day of May 025. ATTES� T: - > ���_ ��// 1UN 0 4 2�25 Steven Meiner, Mayor U I Rafael E. Granado, City Clerk (Sponsored by Commissioner Alez. J Fernandez) _F��;BEq`�•�, APPROVED AS TO � �ti'+, FORM AND LANGUAGE ' kj & FOR EXECUTION � fIM(O�P OhA1EDi`yi �. �Iq�CHV2��� . (�3�]OZ� City rney �� Date MIAMI BEACH CHy ol Mlaml Beach. V00 Convention Center Drive,Miami Beach,Floritla 33139,wvnv.miomibeachfl.gov Office of ihe City Qerk iel:305-6�3a41 i June 4, 2025 Honorable Governor Ron DeSantis The Capitol 400 S Monroe St. Tallahassee, FL 32399 Dear Honorable Governor DeSantis, Attached please find a copy of City of Miami Beach Resolution No. 202533705: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, URGING FLORIDA GOVERNOR RON DESANTIS TO VETO SENATE BILL 180 (2025), RELATING TO STATE AND LOCAL EMERGENCY PLANNING AND RESPONSE ACTIVITIES, DUE TO THE BROAD PROHIBITION IN THE BILL ON THE PROPOSAL OR ADOPTION BY A CITY OR COUNTY OF ANY COMPREHENSIVE PLAN AMENDMENT, LAND DEVELOPMENT REGULATION, OR PROCEDURE CONCERNING A SITE PLAN, DEVELOPMENT PERMIT, OR DEVELOPMENT ORDER THAT IS MORE RESTRICTIVE THAN WHAT WAS ALLOWED BY THE CITY OR COUNTY AS OF AUGUST 1, 2024, WHICH PROHIBITION WILL UNNECESSARILY LIMIT THE CITY'S HOME RULE AUTHORITY AND RESTRICT THE CITY'S ABILITY TO ADOPT LAND-USE LEGISLATION THAT PROMOTES THE HEALTH, SAFETY, WELFARE, AND QUALITY OF LIFE OF THE CITY'S RESIDENTS, BUSINESSES,AND VISITORS; AND, FURTHER, DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE GOVERNOR. (Sponsored by Commissioner Alex J. Femandez) This Resolution was passed and adopted by the Mayor and City Commission of the City of Miami Beach on May 21, 2025. Respectfully, Rafael E. Granado City Clerk c: Commissioner Alex J. Fernandez