HomeMy WebLinkAboutR-22-0073City of Miami
Resolution R-22-0073
Legislation
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.
SPONSOR(S): Commissioner Joe Carollo
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
City of Miami Page 1 of 2 File ID: 11521 (Revision:) Printed On: 6/9/2025
File ID: 11521 Enactment Number: R-22-0073
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 4/7/2022
City of Miami
Page 2 of 2 File ID: 11521 (Revision:) Printed on: 6/9/2025