HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #11521
Date: 02/14/2022
Commission Meeting Date: 02/10/2022
Type:
Subject:
Resolution
Oppose Senate Bill (SB) 280
Budget Impact Analysis
Item has NOT an Expenditure
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 Attorney
Office of the City Clerk
Requesting Department: City Commission
Sponsored By: Joe Carollo
District Impacted: All
Reviewed B
Maricarmen Lopez
Marta Gomez
Marie Gouin
Thomas M. Fossler
Victoria Mendez
Victoria Mendez
City Clerk's Office
Meeting
Legislative Division Review
Department Head Review
ACA Review
Deputy Attorney Review
Approved Form and Correctness
Rendered
Completed
Completed
Completed
Completed
Skipped
Completed
Completed
02/10/2022 9:00 AM
03/22/2022 3:39 PM
03/22/2022 4:07 PM
04/07/2022 11:10 AM
04/07/2022 6:49 AM
04/07/2022 11:03 PM
04/08/2022 8:04 AM
City of Miami
Legislation
Resolution
Enactment Number: R-22-0073
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 11521 Final Action Date:2/10/2022
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.
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 October 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 local 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 conclusion of the lawsuit,
including appeals; and
WHEREAS, SB 280 and HB 403 will empower local businesses and others to hinder the
local government's ability to enforce its regulations, without limitation, until a lawsuit and all
appeals are resolved; and
WHEREAS, SB 280 and HB 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 any
additional 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 specific exemption or exception applies; and
WHEREAS, local governments will incur substantial costs to comply with SB 280 and
HB 403 and suffer significant delays in exercising their authority to regulate to protect the health,
safety, and welfare of its community; and
WHEREAS, SB 280 and HB 403 do not fall within any constitutional exemption; and
WHEREAS, SB 280 and HB 403 is an extreme overreach of state government and
severely 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
WHEREAS, the City Commission urges the Florida Legislature to vote against any
legislation 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 Resolution to be of an emergency
nature;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION 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 Commission 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 similar legislation (collectively "Legislation") to the City's 2022 Legislative
Priorities.
Section 4. The City Commission 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 Resolution 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 Cities; and the City Clerks of all municipalities within Miami -
Dade County.
Section 6. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
ndez, City Attor
ey ) 4/772022