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Home My WebLink AboutR-03-0338J-03-320 03/25/03 RESOLUTION NO. 03— 338 A RESOLUTION OF THE MIAMI CITY COMMISSION EXPRESSING OPPOSITION TO SENATE BILL 1164 AND HOUSE BILL 113 WHICH SET FORTH AMENDMENTS TO THE BERT J. HARRIS, JR. ACT AND ANY AND ALL OTHER PROPOSED AMENDMENTS THAT WOULD SUBJECT LOCAL AND STATE GOVERNMENTS TO FURTHER LIABILITY FOR THE CONSTITUTIONAL EXERCISE OF THEIR LEGISLATIVE AND QUASI-JUDICIAL RESPONSIBILITIES AND POWERS; DIRECTING THE CITY CLERK TO TRANSMIT CERTIFIED COPIES OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICIALS. WHEREAS, the Bert J. Harris, Jr. Private Property Rights Protection Act ("Harris Act"), as codified in Section 70.001 of the Florida Statutes, was enacted in 1995 to provide a limited remedy for property owners when their property has been "inordinately burdened" by the action of a governmental entity; and; WHEREAS, since its inception, numerous commentators and governments alike have expressed concern that the Harris Act is impermissibly vague, fraught with various problems in its application and interpretation, and has had a chilling effect CITY COMOSSWU MEETING CF MAR 7 ? 2,193 Resolution kW. 03- 338 upon numerous governments in their planning and zoning activities; and WHEREAS, in the eight years since the enactment of the Harris Act, there have been over 258 claims asserted against local governments in Florida; and WHEREAS, despite its various constitutional infirmities relating to, inter alia, its failure to define "inordinate burden" and "reasonable, investment -backed expectations;" the automatic inherent ripeness provisions that appear to violate separation of powers doctrine; and the uncertainties inherent in its attempt to create a statute of limitations period; the Act nonetheless provided in clear language that it does "not affect the sovereign immunity of government;" and WHEREAS, on July 18, 2002, a case affecting one of the cities of Florida, namely Royal World Metropolitan, Inc. v. City of Miami Beach, 11th Judicial Court Case No. 99-17243 (Royal World), resulted in a favorable summary judgment for the City which determined that the doctrine of sovereign immunity protects the City from liability for damages under the Harris Act and said case has been appealed and is pending in the Third District Court of Appeal as of the commencement of the 2003 Session of the Florida Legislature; and WHEREAS, the legislation proposed via Senate Bill 1164 and House Bill 113, if constitutional, in part seeks to nullify the Page 2 of 6 03- 338 effect of the Royal World decision and adversely affect the ad valorem taxpaying public of Florida in as many as 258 other claims pending statewide, by not only amending the Harris Act to provide for a total waiver of sovereign immunity for government, but providing that such waiver is retroactive to May 11, 1995; and WHEREAS, the economic impact of amending the Harris Act as proposed and making it retroactive for eight years would be devastating for the Sate and for local governments statewide; and WHEREAS, for example, the potential economic effect of eliminating sovereign immunity in the City of Miami Beach is reflected by the amounts claimed in its pending eight Harris Act cases which total $24,817,750, exclusive of interest, attorney's fees, and court costs; and WHEREAS, the amendments proposed in Senate Bill 1164 and House Bill 113 seek to interfere with the pending judicial process in the Royal World case, as well as in numerous other cases pending before various courts in the State of Florida; and WHEREAS, that portion of the proposed legislation which seeks to abolish sovereign immunity protection retroactive to May, 1995, if enacted, and determined to be constitutional, would frustrate as much as eight years of litigation throughout the State (5 years each in the Cities of Miami and Miami Beach Page 3 of 6 03- 338 alone), the expenditures of inordinate amounts of public and private funds for attorneys' and appraisers' fees and court costs, and potentially would set off a brand new round of litigation between the public and private sectors; and WHEREAS, the gross inequity of such a result is exacerbated when it is realized that the actual value of the properties which are subject to pending claims have increased, in many cases in exponential proportion in excess of their respective actual values since May, 1995, creating the possibility for unjustly enriching the respective owners far beyond any investment -backed expectations; and WHEREAS, of greater or equal impact, the proposed amendments, if enacted, will seriously impair local governments in their efforts to comply with State -mandated requirements in such areas as growth management, comprehensive planning, concurrency, protection of fragile, environmentally sensitive areas such as wetlands, beachfronts and forestlands, concern with carrying capacity, and many other quality of life concerns; and WHEREAS, during the century and one half of Florida's existence, a comprehensive body of law has developed through Court interpretation of the State and Federal Constitutions and legislative enactment which has defined "takings" and the power and cost to the public incident to the exercise of eminent Page 4 of 6 03- $38 domain, all of which have amply protected and amply protect private ownership interests against the necessary as well as the arbitrary and capricious action of state and local governments; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City of Miami opposes the enactment of Senate Bill 1164 and House Bill 113 which set forth amendments to the Harris Act and further opposes any and all other proposed legislative enactments which would subject State and local governments to further liability for the constitutional exercise of their legislative and quasi-judicial responsibilities and powers. Section 3. The City Clerk is directed to transmit certified copies of this Resolution to Governor Jeb Bush, Lieutenant Governor Toni Jennings, President of the Florida Senate James E. "Jim" King, Jr., Speaker of the Florida House of Page 5 of 6 03— 338 Representatives Johnnie Byrd, all members of the Miami -Dade County Legislative Delegation, Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.11 PASSED AND ADOPTED this 27th day ATTEST: (3, &44j'-& � - jjr�o, PRISCILLA A. THOMPSON CITY CLERK APPROVED/AS TQ/FORM AND—ZORRECTNESS : P,,1 RLEJDRO VILARELLO CITY ATTORNEY 7129:mmd:AS:BSS �i If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Page 6 of 6 03- 338 CITY OF MIAMI CITY ATTORNEY'S OFFICE MEMORANDUM TO: Alejandro Vilarello, City Attorney FROM: Joel E. Maxwell, De ut City At ey P Y` ` ~ l�7 DATE: March 24, 2003 RE: City Attorney's Pocket Item: March 27, 2003 City Commission Meeting; Resolution in opposition to pending State Legislation (Senate Bill 1164 and House Bill 113) to amend the Bert J. Harris, Jr., Private Property Rights Protection Act (Chapter 70, Florida Statutes, 2002) Attached hereto is the referenced legislation for you to present, as a pocket item, to the City Commission on March 27, 2003. Said legislation, for transmittal to the President of the Florida Senate, Speaker of the Florida House, and Governor Bush, embodies and sets forth, if adopted, the City of Miami Commission's strong opposition to the referenced pendin State legislation, and the danger such legislation presents to this and all Florida municipalities. JEM:mmd Attachment c: Maria J. Chiaro, Assistant City Attorney, w/attachment Angela I Smith, Administrative Assistant I, w/attachment Beverly Solomon, Administrative Assistant II, w/attachment LAJEMaxwell\Memos\W0698MemoAV re Senate Bill 1164 and HB 113.dot 03- 338 Ii,fY#lj of 'ffltaxrcl PRISCILLA A. THOMPSON City Clerk April 16, 2003 The Honorable Johnnie Byrd, Jr. Florida Capitol, Room 328 House Office Building 402 S. Monroe Street Tallahassee, FL 32399-1300 Dear Mr. Byrd: JOE ARRIOLA CitV Manage! Enclosed please find a copy of Resolution 03-338, which was passed and adopted by the City of Miami Commission at its meeting on March 27, 2003. This legislation is being forwarded to you for your information and files. Sincerely, Prispnlla A. Thompson City Clerk PAT/yd Enc.: Resolution No. 03-338 OFFICE OF THE CITY CLERK 3500 Pan American Drive / Miami, FL 33233 / (305) 250-5360 / FAX: (305) 858-1610 Mailing Address: P.O. Box 330708 Miami. Florida 33233-0708 �itlj PRISCILLA A. THOMPSON Citv Clerk April 16, 2003 The Honorable Jeb Bush Office of the Governor The Capitol Tallahassee, FL 32399-0001 Dear Governor Bush: of ffliamt JOE ARRIOLA Cite ManaQe Enclosed please find a copy of Resolution 03-338, which was passed and adopted by the City of Miami Commission at its meeting on March 27, 2003. This legislation is being forwarded to you for vour information and files. Sincerely, Priscilla A. Thompson City Clerk PAT/yd Enc.: Resolution No. 03-338 OFFICE OF THE CITY CLERK 3500 Pan American Drive / Miami, FL 33233 / (30S? 250-5360 / FAX: (3051 858-1 61 0 Mailing, Address: P.O. Box 330708 Miami, Florida 332:3.3-0708 %ft#g of 'ffltamt PRISCILLA A. THOMPSON Citv Clerk April 16, 2003 The Honorable Toni Jennings Office of the Senate President Suite 409, The Capitol Tallahassee, FL 32399-0001 Dear Lt. Governor Jennings: JOE ARRIOLA Citv plana"'e, Enclosed please find a copy of Resolution 03-338, which was passed and adopted by the City of Miami Commission at its meeting on March 27, 2003. This legislation is being forwarded to you for your information and files. Sincerely, AL1 Priscilla A. Thompson City Clerk PAT/yd Enc.: Resolution No. 03-338 OFFICE OF THE CITY CLERK 3500 Pan American Drive / Miami, FL 33233 / (305) 250-5360 / FAX: (305) 858-1610 Mailing Address: P.O. Box 330708 Miami, Florida 33233-0708 411-tij of ffliamf PRISCILLA A. THOMPSON Citv Clerk April 16, 2003 The Honorable James E. "Jim" King, Jr. President of the Florida Senate Room 312 — Senate Office Building 404 South Monroe Street Tallahassee, Florida 32399-1100 Dear Senator King: IOE ARRIOLA Cit% Man,)Qei Enclosed please find a copy of Resolution 03-338, which was passed and adopted by the City of Miami Commission at its meeting on March 27, 2003. This legislation is being forwarded to you for your information and files. Sincerely, Priscilla A. Thompson City Clerk PAT/yd Enc.: Resolution No. 03-338 OFFICE OF THE CITY CLERK 3500 Pan American Drive / Miami. FL 33233 / (305) 250-5360 / FAX: (30.5) 858-1 61 0 Mailing Address. P.O. Bos 1 W08 Miami, Florida 33233-0708