LTC 493-2021 NORTH BAY VILLAGE RESOLUTIONS NO. 2021-074 AND 2021-075MIAMI BEACH
OFFICE OF THE CITY CLERK
No.
TO :
FROM:
DATE:
493-2021
LETTER TO COMMISSION
Mayor Dan Gelber and Members~)ity Commission
Rafael E. Granado, City Clerk -)01
November 19, 2021
SUBJECT: NORTH BAY VILLAGE RESOLUTIONS NO. 2021-074 AND 2021-075
Attached for your information are Resolutions No. 2021-074 and 2021 -075, adopted by the Mayor
and Commission of North Bay Village on November 9, 2021.
RESOLUTION NO. 2021-07 4
A RESOLUTION OF THE COMMISSION OF NORTH BAY VILLAGE,
FLORIDA, EXPRESSING SUPPORT FOR HOUSE BILL 6033 WHICH
WOULD REPEAL THE PREEMPTION OF LOCAL LAWS REGULATING
THE DURATION OR FREQUENCY OF VACATION RENTALS; URGING
THE FLORIDA LEGISLATURE AND GOVERNOR RON DESANTIS TO
SUPPORT AND APPROVE THE LEGISLATION; DIRECTING THE
VILLAGE CLERK TO DISTRIBUTE COPIES OF THIS RESOLUTION;
PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
RESOLUTION NO. 2021-075
A RESOLUTION OF THE COMMISSION OF NORTH BAY VILLAGE,
FLORIDA, EXPRESSING SUPPORT FOR HOUSE BILL 6063 AND
SENATE BILL 320 WHICH WOULD REPEAL THE PREEMPTION OF
LOCAL LAWS REGULATING THE USE OR SALE OF AUXILIARY
CONTAINERS, WRAPPINGS, AND DISPOSABLE PLASTIC BAGS, AS
WELL AS POLYSTYRENE PRODUCTS; URGING THE FLORIDA
LEGISLATURE AND GOVERNOR RON DESANTIS TO SUPPORT AND
APPROVE THE LEGISLATION; DIRECTING THE VILLAGE CLERK TO
DISTRIBUTE COPIES OF THIS RESOLUTION; PROVIDING FOR
AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE ..
The North Bay Village 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
Attachment
F :\CLER\$ALL\LI LIA\L TC's -Transmittal's\North Bay Village\Resolution 2021-07 4 and 2021-075 North Bay Village.docx
RESOLUTION NO. 2021-074
A RESOLUTION OF THE COMMISSION OF NORTH BAY
VILLAGE, FLORIDA, EXPRESSING SUPPORT FOR
HOUSE BILL 6033 WHICH WOULD REPEAL THE
PREEMPTION OF LOCAL LAWS REGULATING THE
DURATION OR FREQUENCY OF VACATION RENTALS;
URGING THE FLORIDA LEGISLATURE AND GOVERNOR
RON DESANTIS TO SUPPORT AND APPROVE THE
LEGISLATION; DIRECTING THE VILLAGE CLERK TO
DISTRIBUTE COPIES OF THIS RESOLUTION; PROVIDING
FOR AUTHORIZATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Village Commission of North Bay Village (the "Village") believes
maintenance of the character and integrity of residential neighborhoods is an essential
local government purpose implemented through local zoning regulations, which
represents a substantial local government interest; and
WHEREAS, local government regulation of vacation rentals protects visitors and
residents from the adverse effects of unregulated vacation rentals; and
WHEREAS, Section 509.032(7)(b), Florida Statutes, preempts local governments
from regulating the duration or frequency of vacation rentals after June 1, 2011; and
WHEREAS, House Representative Michael Grieco has filed House Bill 6033 for
consideration by the Florida Legislature which repeals state preemption and would allow
local governments to regulate these properties through zoning, as well as adopting
ordinances regulating the duration and frequency of vacation rentals; and
WHEREAS, the Village Commission finds that it is in the best interests of the
residents and visitors of the Village and of the State of Florida to adopt House Bill 6033
in order to allow local governments to regulate such properties to protect the integrity of
residential neighborhoods.
Resolution No. 2021-074
Page 2 of 3
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMISSION
OF NORTH BAY VILLAGE, FLORIDA, AS FOLLOWS:
Section 1. Recitals. That each of the above-stated recitals are hereby adopted,
confirmed, and incorporated herein.
Section 2. Support. That the Mayor and Village Commission hereby support
efforts to approve House Bill 6033 repealing the vacation rental preemption.
Section 3. Transmittal. That the Village Clerk is hereby directed to transmit a
certified copy of this Resolution to the Governor of the State of Florida, the President of
the Florida Senate, the Speaker of the Florida House of Representatives, Representative
Michael Grieco, and such other government officials deemed appropriate to advance the
position of this Resolution.
Section 4. Effective Date. That this Resolution shall be effective immediately
upon adoption.
The foregoing Resolution was offered by Commissioner Dr. Chervony who moved
its adoption. The motion was seconded by Mayor Latham and upon being put to a vote,
the vote was as follows:
Mayor Brent Latham
Vice Mayor Marvin Wilmoth
Commissioner Richard Chervony
Commissioner Rachel Streitfeld
Commissioner Julianna Strout
YES
ABSENT
YES
YES
ABSENT
PASSED AND ADOPTED on this 9th day of November, 2021.
THIS SPACE INTENTIONALLY LEFT BLANK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
Weiss Serota Helfman Cole & Bierman , PL
Village Attorney
Resolution No. 2021-074
Page 3 of 3
RESOLUTION NO. 2021-075
A RESOLUTION OF THE COMMISSION OF NORTH BAY
VILLAGE, FLORIDA, EXPRESSING SUPPORT FOR
HOUSE BILL 6063 AND SENATE BILL 320 WHICH WOULD
REPEAL THE PREEMPTION OF LOCAL LAWS
REGULATING THE USE OR SALE OF AUXILIARY
CONTAINERS, WRAPPINGS, AND DISPOSABLE
PLASTIC BAGS, AS WELL AS POLYSTYRENE
PRODUCTS; URGING THE FLORIDA LEGISLATURE AND
GOVERNOR RON DESANTIS TO SUPPORT AND
APPROVE THE LEGISLATION; DIRECTING THE VILLAGE
CLERK TO DISTRIBUTE COPIES OF THIS RESOLUTION;
PROVIDING FOR AUTHORIZATION; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the Village Commission of North Bay Village (the "Village") is diligent
in its efforts to preserve the beautiful environment that supports the tourism industry which
is vital to the economy of the Village and the State of Florida; and
WHEREAS, plastic bags and polystyrene are detrimental because they do not fully
degrade in our oceans or land environment and introduce unsafe chemicals into the
environment; and
WHEREAS, Section 403.7033, Florida Statutes, preempts local regulation of
disposable plastic bags, wrappings and auxiliary containers and Section 500.90, Florida
Statutes preempts local regulations regarding the use or sale of polystyrene products to
the Department of Agriculture and Consumer Services; and
WHEREAS, House Representative Michael Grieco has filed House Bill 6063, and
Senator Linda Stewart has filed the companion Senate Bill 320 for consideration by the
Florida Legislature which repeals the preemption of local laws regulating auxiliary
containers, wrappings and disposable plastic bags, as well as the use or sale of
polystyrene products; and
Resolution No. 2021-075
Page 2 of 3
WHEREAS, the Village Commission believes that environmental issues of this
nature should be determined locally, in accordance with the Village's home rule authority;
and
WHEREAS, the Village Commission finds that it is in the best interests of the
residents and visitors of the Village and of t~e State of Florida to adopt House Bill 6063
and Senate Bill 320.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMISSION
OF NORTH BAY VILLAGE, FLORIDA, AS FOLLOWS:
Section 1. Recitals. That each of the above-stated recitals are hereby adopted,
confirmed, and incorporated herein.
Section 2. Support. That the Mayor and Village Commission hereby support
efforts to approve House Bill 6063 and Senate Bill 320 repealing the preemptions
regarding local regulation of auxiliary containers, wrappings, and disposable plastic bags,
as well regulations on the use or sale of polystyrene products .
Section 3. Transmittal. That the Village Clerk is hereby directed to transmit a
certified copy of this Resolution to the Governor of the State of Florida, the President of
the Florida Senate, the Speaker of the Florida House of Representatives, Representative
Michael Grieco, Senator Linda Stewart, and such other government officials deemed
appropriate to advance the position of this Resolution.
Section 4. Effective Date. That this Resolution shall be effective immediately
upon adoption.
Resolution No. 2021-075
Page 3 of 3
The foregoing Resolution was offered by Commissioner Dr. Chervony who moved
its adoption. The motion was seconded by Mayor Latham and upon being put to a vote,
the vote was as follows:
Mayor Brent Latham
Vice Mayor Marvin Wilmoth
Commissioner Richard Chervony
Commissioner Rachel Streitfeld
Commissioner Julianna Strout
YES
ABSENT
YES
YES
ABSENT
PASSED AND ADOPTED on this 9th day of November, 2021 .
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
Weiss Serota Helfman Cole & Bierman, PL
Village Attorney