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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