HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #8743
Date: 03/11/2021
Commission Meeting Date: 03/11/2021
Requesting Department: City Commission
Sponsored By:
District Impacted:
Type: Resolution
Subject: Amendments to 2021 Legislative Priorities List
Budget Impact Analysis
Total Fiscal Impact:
City Commission
Legislative Division
Office of Management and Budget
Office of the City Attorney
Office of the City Attorney
Office of the City Clerk
Nicole Ewan
Valentin J Alvarez
Leon P Michel
Barnaby L. Min
Victoria Mendez
City Clerk's Office
Reviewed B
Meeting
Legislative Division Review
Budget Review
Deputy Attorney Review
Approved Form and Correctness
Rendered
Completed
Completed
Completed
Completed
Completed
Completed
03/11/2021 9:00 AM
03/11/2021 5:43 PM
03/11/2021 10:30 PM
03/12/2021 7:31 AM
03/15/2021 10:31 AM
03/15/2021 12:39 PM
City of Miami
Legislation
Resolution
Enactment Number: R-21-0105
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 8743 Final Action Date:3/11/2021
A RESOLUTION OF THE MIAMI CITY COMMISSION OPPOSING SENATE BILL
("SB") 1678, HOUSE BILL ("HB") 1129, AND ANY SIMILAR LEGISLATION THAT WILL
INCREASE THE STATUTORY LIMITS ON LIABILITY FOR TORT CLAIMS AGAINST
MUNICIPALITIES; FURTHER OPPOSING SB 90 THAT WILL LIMIT THE DURATION
OF REQUESTS FOR VOTE -BY -MAIL BALLOTS; URGING GOVERNOR RON
DESANTIS AND THE MEMBERS OF THE FLORIDA LEGISLATURE TO OPPOSE
SAID LEGISLATION; DIRECTING THE CITY MANAGER TO INCLUDE OPPOSITION
TO SB 1678, SB 90, AND HB 1129 TO THE CITY OF MIAMI'S 2021 LEGISLATIVE
PRIORITIES; DIRECTING THE CITY CLERK TO TRANSMIT A CERTIFIED COPY OF
THIS RESOLUTION TO THE OFFICIALS NAMED HEREIN.
WHEREAS, on March 10, 2021, Senator Manny Diaz, Jr. filed Senate Bill ("SB") 1678
relating to sovereign immunity to increase the statutory limits on liability for tort claims against
municipalities; and
WHEREAS, among other things, SB 1678 will amend the statutory cap on the amount of
damages a municipality may be liable to pay in tort claims; and
WHEREAS, Section 768.28(5), Florida Statues, presently provides that neither the State
of Florida ("State"), its agencies, or subdivisions, including municipalities, shall be liable to pay a
claim or a judgment by any one person which exceeds the sum of $200,000.00 or any claim or
judgment, or portions thereof, which, when totaled with all other claims or judgments paid by the
State, its agencies, or subdivisions arising out of the same incident or occurrence, exceeds the
sum $300,000.00; and
WHEREAS, SB 1678 will increase the statutory cap for municipal tort liability to
$1,000,000.00 per claim; and
WHEREAS, on March 2, 2021, Representative Juan Alfonso Fernandez-Barquin filed
House Bill ("HB") 1129 relating to sovereign immunity to increase the statutory limits on liability
for tort claims against municipalities; and
WHEREAS, HB 1129 will also increase the statutory cap for municipal tort liability to
$1,000,000.00 per claim; and
WHEREAS, SB 1678 and HB 1129 pose grave financial concerns to the economic
viability of municipalities that could face paying enormous tort judgments; 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 increase the statutory cap of
municipal tort liabilities; and
WHEREAS, the City Commission urges the Florida Legislature to vote against any
legislation that would increase the statutory limits on liability for tort claims against
municipalities; and
WHEREAS, on March 11, 2021, Senator Dennis Baxley filed SB 90 which limits the
duration of requests for vote -by -mail ballots to all elections through the end of the calendar year
of the next regularly scheduled general election; and
WHEREAS, SB 90 will disenfranchise elderly voters and those who opt to vote by mail
and is contrary to the best interests and welfare of the residents of the City;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in this Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The City Commission hereby opposes SB 1302, HB 1129, and any similar
legislation that will increase the statutory limits on liability for tort claims against municipalities.
Section 3. The City Commission hereby opposes SB 90 which will limit the duration of
requests for vote -by -mail ballots.
Section 4. The City Manager is hereby directed to include opposition to SB 1302, HB
1129, and SB 90 (collectively, "Legislation") to the City's 2021 Legislative Priorities.
Section 5. The City Commission urges Governor Ron DeSantis ("Governor") and the
members of the Florida Legislature to oppose the Legislation.
Section 6. The City Clerk is directed to transmit a certified copy of this Resolution to the
Governor; President of the Senate Wilton Simpson; Speaker Chris Sprowls; Senator Manny
Diaz, Jr.; Senator Dennis Baxley; Representative Juan Alfonso Fernandez-Barquin; and the
members of the Miami -Dade County Legislative Delegation.
Section 7. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
ndez, ity ttor ey , 3/15/2021