HomeMy WebLinkAboutR-20-0381City of Miami
Resolution R-20-0381
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 8163 Final Action Date: 11/19/2020
A RESOLUTION OF THE MIAMI CITY COMMISSION REQUESTING AN
OPINION FROM THE ATTORNEY GENERAL OF THE STATE OF FLORIDA
REGARDING WHETHER A PROPOSED MUNICIPAL ORDINANCE THAT
WOULD PERMIT RENTAL PROPERTY DEPOSIT INSURANCE IN LIEU OF
MONEY DEPOSITS IS PREEMPTED BY FLORIDA LAW; AUTHORIZING THE
CITY MANAGER, MAYOR, AND/OR CITY ATTORNEY TO NEGOTIATE AND
EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN FORMS
ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE.
SPONSOR(S): Mayor Francis X. Suarez
WHEREAS, Florida Governor Ron DeSantis declared a state of emergency on March 9,
2020 in the State of Florida ("State") due to the crisis caused by the Novel Coronavirus
("COVID-19") pandemic; and
WHEREAS, on March 12, 2020, the City of Miami ("City") declared a Local State of
Emergency due to the COVID-19 pandemic; and
WHEREAS, the COVID-19 pandemic has destabilized the State's economy and caused
high levels of unemployment across many sectors of the economy; and
WHEREAS, numerous Floridians, including many who are heads of households, have
lost their jobs or have been furloughed due to the COVID-19 pandemic and have lost their ability
to pay rent; and
WHEREAS, many residential lease agreements require the tenant to pay a large upfront
security deposit; and
WHEREAS, insurance agencies exist that offer security deposit insurance to give renters
the option of paying a small monthly fee to cover an insurance policy for the landlord; and
WHEREAS, security deposit insurance benefits both the tenant by requiring less cash up
front and the landlord by paying for damages up to the limit of the policy, which is generally
equal to the amount of the traditional security deposit; and
WHEREAS, the City seeks an opinion from the Attorney General of the State of Florida
("Attorney General") regarding the following question: "Whether a proposed City of Miami
ordinance that provides renters with an opportunity to obtain deposit insurance that could —at a
potential landlord's discretion —be used in lieu of a money security deposit is preempted by
Florida law?"; and
WHEREAS, as the proposed question involves the authority of the City Commission to
act, the Attorney General requires a resolution that clearly indicates that the Attorney General
opinion request is being sought by a majority of the City Commission;
City of Miami Page 1 of 2 File ID: 8163 (Revision:) Printed On: 5/13/2025
File ID: 8163 Enactment Number: R-20-0381
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 request for an opinion from the Attorney General regarding whether a
proposed City ordinance that would permit rental property deposit insurance in lieu of money
deposits is preempted by Florida law is authorized.'
Section 3. The City Manager, Mayor, and/or City Attorney is authorized' to negotiate
and execute any and all necessary documents, all in forms acceptable to the City Attorney, for
said purpose.
Section 4. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
ndez, City Attor ey ) 11/10/2020
1 The herein authorization is further subject to compliance with all requirements that may be imposed by
the City Attorney, including but not limited to, those prescribed by applicable City Charter and City Code
provisions.
City of Miami Page 2 of 2 File ID: 8163 (Revision:) Printed on: 5/13/2025