LTC 113-2022 Town of Surfside Resolutions No. 2022-2858 and 2022-2860MIAMI BEACH
OFFICE OF THE CI TY CLERK
No. 113-2022
LETTER TO COMMISSION
TO: Mayor Dan Gelber and Members of the City Commission
FROM: Rafael E. Granado, City Clerk ~
DATE: March 28, 2022
SUBJECT: TOWN OF SURFSIDE RESOLUTIONS NO. 2022-2858 AND 2022 -2860
Attached for your information are Resolutions No. 2022-2858 and 2022-2860, adopted by the
Mayor and Commission of the Town of Surfside on February 8, 2022, and March 8, 2022.
RESOLUTION NO. 2022-2858:
A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF SURFSIDE,
FLORIDA, URGING THE FLORIDA LEGISLATURE TO OPPOSE SENATE BILL
280, WHICH UNDERMINES LOCAL AUTHORITY'S ABILITY AND ELECTED
DUTY TO PROTECT THE HEAL TH, SAFETY AND WELFARE OF SURFSIDE
RESIDENTS, AND WOULD ALLOW INDIVIDUALS AND ENTITIES TO DELAY
ENACTMENT OF LOCAL ORDINANCES BY FILING LAWSUITS THAT ALLEGE
AN ORDINANCE IS ARBITRARY OR UNREASONABLE; AUTHORIZING THE
TOWN CLERK TO TRANSMIT THIS RESOLUTION TO THE OFFICIALS
NAMED HEREIN; AND PROVIDING FOR AN EFFECTIVE DATE.
RESOLUTION NO. 2022-2860:
A RESOLUTION OF THE MAYOR AND TOWN COMMISSION OF THE TOWN
OF SURFSIDE, FLORIDA, EXPRESSING OPPOSITION TO PROPOSED
FLORIDA SENATE BILL 1024 AND HOUSE BILL 741, "NET METERING ,"
REVISING LEGISLATIVE FINDINGS RELATING TO REDESIGN OF NET
METERING TO AVOID CROSS-SUBSIDIZATION OF ELECTRIC SERVICE
COSTS BETWEEN CLASSES OF RATEPAYERS; URGING GOVERNOR RON
DESANTIS TO REJECT OR VETO THE BILLS; PROVIDING FOR
TRANSMITTAL; AND PROVIDING FOR AN EFFECTIVE DATE.
The Town Clerk of Surfside 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\LILIA\L TC's -Transmittal's \Surfside\Resolutions 2022 -2858 and 2022-2860 Town of Surfside .docx
RESOLUTION NO. 2022-2858
A RESOLUTION OF THE TOWN COMMISSION OF THE
TOWN OF SURFSIDE, FLORIDA, URGING THE FLORIDA
LEGISLATURE TO OPPOSE SENATE BILL 280, WHICH
UNDERMINES LOCAL AUTHORITY'S ABILITY AND
ELECTED DUTY TO PROTECT THE HEALTH, SAFETY
AND WELFARE OF SURFSIDE RESIDENTS, AND WOULD
ALLOW INDIVIDUALS AND ENTITIES TO DELAY
ENACTMENT OF LOCAL ORDINANCES BY FILING
LAWSUITS THAT ALLEGE AN ORDINANCE IS
ARBITRARY OR UNREASONABLE; AUTHORIZING THE
TOWN CLERK TO TRANSMIT THIS RESOLUTION TO
THE OFFICIALS NAMED HEREIN; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, in recent years, the Florida Legislature has increasingly contemplated and
implemented legislation that restricts municipal and county home rule and designed to restrict
cities and counties from legislating on issues ranging from vacation rentals to the distribution of
plastic bags at stores in coastal communities; and
WHEREAS, the Florida Legislature is currently considering Senate Bill 280 ("SB 280"),
which allows individuals and entities to delay enforcement of an ordinance by merely alleging that
the ordinance is arbitrary or unreasonable; and
WHEREAS, the Town Commission of the Town of Surfside (the "Town") finds that SB
280 serves to limit home rule authority by empowering individuals and entities with the ability to
put forth frivolous lawsuits in order to trigger automatic court stays oflocal ordinances; and
WHEREAS, the Town Commission urges the Florida Governor, Florida Legislature, and
the Miami-Dade County Legislative Delegation to oppose SB 280; and
WHEREAS, The Town Commission finds that SB 280 undermines local elected official's
duty of self-determination and protection of local interests and the health, safety and welfare of its
residents; and
WHEREAS, the Town Commission finds that this Resolution is in the best interest and
welfare of the citizens of the Town.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COMMISSION OF
THE TOWN OF SURFSIDE, FLORIDA:
Section 1. Recitals Adopted. The recitals are true and correct and incorporated in the
Resolution.
Section 2. Urging Resolution. The Town Commission urges the Florida Governor,
Florida Legislature, and the Miami-Dade County Legislative Delegation to oppose SB 280 .
Section 3. Transmittal. The Town Commission authorizes the Town Clerk to
transmit a copy of the Resolution to Governor Ron DeSantis, Florida Senate President Wilton
Simpson, the Florida Speaker of the House Chris Sprowls, the Miami-Dade County Legislative
Delegation, the Florida League of Cities, the Miami -Dade County League of Cities, and all
municipalities in Miami -Dade County, Florida.
Section 4. Effective Date. This Resolution shall take effect immediately upon
adoption.
PASSED AND ADOPTED on this 8th day of February, 2022.
Motion By: Commissioner Salzhauer
Second By: Commissioner Velasguez
FINAL VOTE ON ADOPTION:
Commissioner Charles Kesl Yes
Commissioner Eliana R. Salzhauer Yes
Commissioner Nelly Velasquez Yes
Vice Mayor Tina Paul Yes
Mayor Charles W. Burkett ""'N=o __
ATTEST:
/
I
Charles W. Burkett, Mayor
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
~ole & Bierman, P.L.
Town Attorney
RESOLUTION NO. 2022-2860
A RESOLUTION OF THE MAYOR AND TOWN
COMMISSION OF THE TOWN OF SURFSIDE,
FLORIDA, EXPRESSING OPPOSITION TO
PROPOSED FLORIDA SENATE BILL 1024 AND
HOUSE BILL 741, "NET METERING," REVISING
LEGISLATIVE FINDINGS RELATING TO
REDESIGN OF NET METERING TO AVOID
CROSS-SUBSIDIZATION OF ELECTRIC SERVICE
COSTS BETWEEN CLASSES OF RATEPAYERS;
URGING GOVERNOR RON DESANTIS TO REJECT
OR VETO THE BILLS; PROVIDING FOR
TRANS MITT AL; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Town of Surfside ("Town") supports the existing net metering
system that allows residents with solar panels or other renewable energy generators
connected to a public-utility power grid to transfer surplus power onto the grid and
offset the cost of power drawn from the utility; and
WHEREAS, on November 22, 2021, Senate Bill 1024 ("SB 1024"), entitled
"Net Metering," was filed in the Florida Senate, seeking to revise legislative
findings relating to redesign of net metering to avoid cross-subsidization of
electric service costs between classes of ratepayers, require the Public Service
Commission to propose new net metering rules to comply with specified criteria
by a certain date, and authorize certain customers who own or lease renewable
generation before a specified date to remain under the existing net metering
rules for a specified time; and
WHEREAS, on November 29, 2021, the companion House Bill 741 ("HB
741") was filed; and
WHEREAS, if SB 1024 and/or HB 741 (collectively, the "Bills") were to
pass as written, utilities will be allowed to add in base facilities charges, electric
grid access fees, monthly minimum bills, or other fixed charges to customers'
bills; and
WHEREAS, the Town Commission opposes the Bills and recommends
that the State Legislature oppose the Bills, as currently proposed; and
WHEREAS, the Town Commission finds that the adoption of this
Resolution is in the best interest and welfare of the residents of the Town.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COMMISSION
OF THE TOWN OF SURFSIDE, FLORIDA, AS FOLLOWS:
Section 1. Recitals. Each of the above stated recitals are hereby
adopted, confirmed, and incorporated herein.
Section 2. OppositionNeto. The Town Commission hereby opposes
the Bills and urges Governor Ron Desantis to reject or veto the Bills.
Section 3. Transmittal. The Town Clerk is hereby directed to transmit
a copy of this Resolution to Governor Ron DeSantis, the Senate President, the
House Speaker, the Florida League of Cities, the Miami-Dade County League of
Cities, and the Miami-Dade County State Legislative Delegation.
Section 4. Effective Date. This Resolution shall be effective
immediately upon adoption.
PASSED AND ADOPTED on this 8th of March, 2022.
Motion By: Vice Mayor Paul
Second By: Commissioner Kesl
FINAL VOTE ON ADOPTION:
Commissioner Charles Kesl
Commissioner Eliana R. Salzhauer
Commissioner Nelly Velasquez
Vice Mayor Tina Paul
Mayor Charles W. Burkett
Yes
Yes
Yes
Yes
No
/icles W. Burkett, Mayor
I
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
Town Attorney