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Home My WebLink AboutR-19-0114City of Miami Resolution R-19-0114 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 5565 Final Action Date: 3/14/2019 A RESOLUTION OF THE MIAMI CITY COMMISSION URGING GOVERNOR RON DESANTIS AND THE MEMBERS OF THE FLORIDA LEGISLATURE TO OPPOSE SENATE BILL 594, OR SIMILAR LEGISLATION, THAT WOULD REQUIRE, AT THE REQUEST OF ONE OR MORE MEMBERS OF THE LEGISLATURE, AN INVESTIGATION OF CERTAIN COUNTY OR MUNICIPALITY OFFICIAL ACTIONS FOR STATE LAW OR STATE CONSTITUTION VIOLATIONS AND PROVIDE FOR THE WITHHOLDING OF A SHARE OF REVENUES APPORTIONED TO THE COUNTY OR MUNICIPALITY; AND TO FURTHER OPPOSE HOUSE BILL 3, OR SIMILAR LEGISLATION, THAT WOULD PREEMPT LOCAL GOVERNMENTS FROM IMPOSING OR ADOPTING REGULATIONS ON BUSINESSES, CAUSES CURRENT REGULATIONS ON BUSINESSES TO EXPIRE ON JULY 1, 2021, AND PROHIBITS LOCAL GOVERNMENTS FROM REGULATING SPECIALTY CONTRACTORS; DIRECTING THE CITY MANAGER TO INCLUDE THESE ISSUES AS ADDITIONAL STATE LEGISLATIVE PRIORITIES FOR THE 2019 LEGISLATIVE SESSION; DIRECTING THE CITY CLERK TO TRANSMIT A CERTIFIED COPY OF THIS RESOLUTION TO GOVERNOR RON DESANTIS AND THE MEMBERS OF THE FLORIDA LEGISLATURE. SPONSOR(S): Commissioner Manolo Reyes WHEREAS, Senate Bill 594 ("SB 594") was filed for consideration during the Florida Legislature's 2019 session by Senator Travis Hutson; and WHEREAS, SB 594 would require the Attorney General, at the request of one or more members of the Legislature, to investigate whether a certain official action of the governing body of a county or municipality violated state law or the State Constitution and would require the Attorney General to report his or her findings and conclusions to the Governor, the Legislature, and the Secretary of State; and WHEREAS, SB 594, as filed, requires the Attorney General to initiate a civil action for specified relief in the appropriate circuit court against the county or municipality if it finds a violation occurred or is likely to have occurred; and WHEREAS, SB 594, as filed, requires the governing body of the subject county or municipality, if a violation is found by the circuit court, to timely remedy the violation or seek judicial review and a stay of the order; and WHEREAS, SB 594, as filed, further requires the Attorney General to petition for, and the circuit court to issue, an order directing the Florida Department of Revenue to withhold the share of revenues apportioned to the county or municipality under the Revenue Sharing Act of 1972 ("Act") and from local government half cent sales tax proceeds; and City of Miami Page 1 of 3 File ID: 5565 (Revision:) Printed On: 4/17/2025 File ID: 5565 Enactment Number: R-19-0114 WHEREAS, the grounds for such an investigation as provided in SB 594 are vague and overbroad and would require significant resources of the Office of the Attorney General to investigate and for the local governments to defend against any manner of complaints filed by any member of the legislature so long as the legislator alleges an amorphous violation of state law; and WHEREAS, should this bill pass, local governments such as the City of Miami ("City") would be at risk of losing substantial revenue and the ability to provide core constituent services; and WHEREAS, House Bill 3 ("HB 3") has been filed for consideration during the Florida Legislature's 2019 session by Representative Michael Grant; and WHEREAS, HB 3 would prohibit local governments from adopting or imposing any new regulations on a business or business entity after July 1, 2019, unless the local government has: • determined and publicly stated that the regulation is justified because: • it is necessary to protect public health, safety, and welfare; • it is regulated in a manner that does not unnecessarily restrict entry into the business; and • the regulation is done in the least restrictive and most cost-effective manner; • required that the regulation sunset two (2) years after the date of adoption; • passed the regulation by a two-thirds (2/3) vote of the entire membership of the governing body, except when the regulation concerns zoning regulations, regulations that increase building costs by less than $750.00, nuisance ordinances, and ordinances related to alcohol or tobacco; and • completed and published a statement of estimated regulatory costs fourteen (14) days prior to any vote on the regulation and has determined that the regulatory costs on the business or business entity could not be reduced by the adoption of a less costly alternative; and WHEREAS, HB 3 provides that any local government regulation of a business or business entity adopted or imposed before July 1, 2019 expires on July 1, 2021 and may only be readopted if the local government meets the requirements contained in the bill; and WHEREAS, the scope of HB 3 is hard to determine as it vaguely defines "business" as "any activity regularly engaged in by any person, or caused to be engaged in by any person, for the purpose of private or public gain, benefit, or advantage; and WHEREAS, the term "business" includes goods and services and business entities and the proposed regulation of business contemplated in HB 3 could usurp the City's ability to exercise its police powers as provided for in the Florida Constitution; and WHEREAS, HB 3 is also troublesome because it will unnecessarily cause significant fiscal impacts on municipalities by requiring any proposed municipal regulation to sunset two (2) years after the date it was adopted or imposed causing the municipality to readopt the regulation every two (2) years and further requires municipalities to perform a statement of regulatory costs for actions that may directly or indirectly impact business; and WHEREAS, HB 3 will have the unintended consequence of impacting and delaying those persons who contract with local governments and have to obtain permits from local governments and will create uncertainty and lawsuits that will ultimately negatively impact the citizens, residents, and visitors of municipalities; and City of Miami Page 2 of 3 File ID: 5565 (Revision:) Printed on: 4/17/2025 File ID: 5565 Enactment Number: R-19-0114 WHEREAS, pursuant to Section 2-33(e) of the Code of the City of Miami, Florida, as amended, the City Commission unanimously deems this Resolution to be of an emergency nature in order to address the matters during the current legislative session; and WHEREAS, accordingly, the City Commission wishes to express its strong opposition to the bills and to make its opposition a state legislative priority for the 2019 legislative session; 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 Miami City Commission urges Governor Ron DeSantis and the members of the Florida Legislature to oppose SB 594, or similar legislation, that would require an investigation at the request of one (1) or more members of the Florida Legislature of county or municipality official actions where the member of the Legislature alleges a state law or state constitution violation and whereas the penalty requires the Florida Department of Revenue to withhold the share of revenues apportioned to the county or municipality under the Act and from local government half cent sales tax proceeds. Section 3. The Miami City Commission urges Governor Ron DeSantis and the members of the Florida Legislature to oppose HB 3, or similar legislation, that would preempt local governments from imposing or adopting regulations on businesses, causes current regulations on businesses to expire on July 1, 2021, and prohibits local governments from regulating specialty contractors. Section 4. The City Manager is hereby directed to include these issues as additional state legislative priorities for the 2019 legislative session. Section 5. The City Clerk is hereby directed to transmit a certified copy of this Resolution to Governor Ron DeSantis and the Members of the Florida Legislature. Section 6. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.' APPROVED AS TO FORM AND CORRECTNESS: ndez, City Attor 3/14/2019 1 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) 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. City of Miami Page 3 of 3 File ID: 5565 (Revision:) Printed on: 4/17/2025