HomeMy WebLinkAboutR-2020-130 Opposing Proposed County Charter Amendment that Preempts Municipal Home Rule and Joining LawsuitRESOLUTION NO.2020-130
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, OPPOSING THE PROPOSED COUNTY CHARTER
AMENDMENT THAT PURPORTS TO PREEMPT MUNICIPAL HOME RULE
AUTHORITY FOR ZONING AND OTHER REGULATIONS ON COUNTY
OWNED OR LEASED PROPERTY WITHIN MUNICIPAL BOUNDARIES;
AUTHORIZING THE JOINING OF THE LAWSUIT FILED BY THE CITY OF
WESTON AGAINST BROWARD COUNTY SEEKING TO REMOVE THE
PROPOSED CHARTER AMENDMENT FROM THE NOVEMBER 2020
BALLOT; AUTHORIZING THE EXPENDITURE OF $2,500.00 TO JOIN THE
LAWSUIT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, on November 6, 2018, the voters of Broward County approved a
transportation surtax of one percent on all taxable transactions in Broward County to be used
only for authorized transportation and transit purposes as set forth in Sections 212.054 and
212.055(1), Florida Statutes; and
WHEREAS, the City is supportive of traffic improvements to improve both local and
regional transportation, so long as it is done cooperatively between the County and the
municipalities and with due respect for the home rule authority of municipalities; and
WHEREAS, municipal elected officials are the closest to the residents and are best
situated to determine the proper location for transportation improvements within their
boundaries; and
WHEREAS, residents are able to vote for all members of the City Commission, while
they can only vote for one member of the County Commission; and
WHEREAS, on August 20, 2020, the Board of County Commissioners of Broward
County adopted Resolution 2020-361, which places a referendum question on the November 3,
2020 ballot to amend the County Charter which question purports to preempt municipal home
rule authority for zoning and other regulations on the use of County owned or leased property
within municipal boundaries that are used for surtax -funded transportation projects (the
"Proposed Amendment"); and
WHEREAS, Broward County Resolution 2020-361 places the following ballot question
(the "Ballot Question") on the November 3, 2020 ballot:
COUNTY REGULATION OF THE DEVELOPMENT OF SURTAX -FUNDED
TRANSPORTATION IMPROVEMENTS ON COUNTY PROPERTY
To facilitate implementation of surtax -funded improvements to the countywide
transportation system, shall the Broward County Charter be amended to provide that County
ordinances regulating the development, including zoning, permitting, construction,
operation, or administration, of transportation improvement projects that are (1) on County -
owned or County -leased property and (2) funded in whole or in part with proceeds from the
transportation surtax approved by the County's voters in 2018, prevail over conflicting
Municipal ordinances?"
YES:
NO: ; and
WHEREAS, under the Florida Constitution and Section 166.021, Florida Statutes,
municipalities are given broad home rule powers; and
WHEREAS, Broward County has worked alongside the City and other cities in the County
to repeatedly fight to protect local governments' home rule power; and
WHEREAS, Section 11.01 of the County Charter provides that municipal ordinances
generally prevail over conflicting County ordinances within municipal boundaries, except for
limited areas (environmental standards, land use, and ethics); and
WHEREAS, the Proposed Amendment would add an additional exception to municipal
home rule for surtax -funded transportation improvements on County property; and
WHEREAS, the County creating an additional exemption to municipal authority
undermines the Home Rule power of the City and all municipalities in Broward County; and
WHEREAS, under Florida Law, a ballot question must be a summary not exceeding 75
words in length, that provides fair notice of the content of the proposed amendment so that the
voter will not be misled as to its purpose, and can cast an intelligent and informed ballot; and
WHEREAS, a ballot question is defective if it fails to fairly inform voters of the chief
purpose of the amendment or misleads the voters; and
WHEREAS, a ballot question is also defective if it contains political rhetoric; and
WHEREAS, the Ballot Question is defective because, among other things, it contains
political rhetoric and is misleading; and
WHEREAS, the first twelve words of the Ballot Question ("To facilitate implementation
of surtax -funded improvements to the countywide transportation system") constitute political
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rhetoric because that language does not advise the voter of the substance of the amendment but
rather gives the voter a reason to vote for the amendment; and
WHEREAS, the first twelve words of the Ballot Question are also misleading because
they suggest that the only time the County would have the newly created preemptive power over
municipal zoning and other regulatory authority would be for improvements to the "countywide"
transportation system, even though the actual amendment does not use the term "countywide" to
limit the preemption, and would instead give the County the preemptive authority for any project
utilizing surtax funding (in whole or in part), including projects that may not improve the
"countywide" transportation system; and
WHEREAS, the voters should be properly and fairly advised of the proposed
amendment and should not be misled into voting for the amendment by misleading, politically
biased language in the Ballot Question; and
WHEREAS, on September 17, 2020, the City of Weston filed a lawsuit against the
County and the Supervisor of Elections (Broward Circuit Court Case No. CACE 20-015373(08))
challenging the Ballot Question (the "Lawsuit"); and
WHEREAS, the City Commission opposes the Ballot Question as an infringement on
the City's Home Rule Authority and supports the Lawsuit; and
WHEREAS, the City Commission deems it to be in the best interests of the City to join
the Lawsuit to challenge the Ballot Question and authorize the expenditure of $2,500.00 for the
Lawsuit;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the foregoing "Whereas" clauses are ratified and confirmed to be true
and correct and they are made a part of and are incorporated into this Resolution by this
reference.
Section 2. That the City Commission opposes the Ballot Question as an infringement
on the City's Home Rule Authority.
Section 3. That the City Commission authorizes the City to join the Lawsuit and
authorizes the expenditure of Twenty -Five Hundred Dollars ($2,500.00) for the Lawsuit to be paid
to the City of Weston to cover a portion of the expense and that the funds shall be appropriated
from Professional Services General Account No. 001-11-01-511-31-10.
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Section 4. That the City Attorney and City Manager or designees are authorized to
take all necessary steps to join the Lawsuit and implement the aims of this Resolution.
Section 5. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 6. That this Resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED and ADOPTED on October 13, 2020.
ATTEST:
a
THOMAS SCHNEIDER, CMC L IL
CITY CLERK �•,. MAYOR
®LISHE�'�
APPROVED AS TO FORM AND CORRECTNESS:
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