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HomeMy WebLinkAboutR-2021-037 Opposing SB 522 and HB 219 on Vacation Rental PreemptionRESOLUTION NO.2021-037 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, OPPOSING SENATE BILL 522 AND HOUSE BILL 219, PREEMPTING THE REGULATION OF VACATION RENTALS TO THE STATE; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on January 11, 2021, Florida Senator Manny Diaz, Jr. filed Senate Bill 522, seeking to preempt local regulations of vacation rentals; and WHEREAS, on January 12, 2021, Florida Representative Jason Fischer filed a companion bill, House Bill 219, with identical preemptions to Senate Bill 522; and WHEREAS, on February 19, 2020, the City Commission adopted Resolution No.: 2020- 13, opposing Senate Bill 1011, preempting the regulation of vacation rentals to the State; and WHEREAS, under the Florida Constitution and Section 166.021, Florida Statutes, municipalities are given broad home rule powers; and WHEREAS, as part of their home rule powers, municipalities should have the ability to regulate vacation rentals in their jurisdiction; and WHEREAS, municipalities should continue to have the power to decide what is consistent with the needs of their own communities; and WHEREAS, if Senate Bill 522/House Bill 219 passed, it would violate the home rule powers of municipalities; and WHEREAS, the City Commission continues to advocate for the protection of home rule powers and opposes Senate Bill 522 and House Bill 219; and WHEREAS, the City Commission believes it is in the best interest of the City to adopt this Resolution; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: 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 Senate Bill 522 and House Bill 219, preempting the regulation of vacation rentals to the State. Section 3. That the City Clerk is directed to distribute copies of this Resolution to the Florida Governor, the President of the Florida Senate, the Speaker of the Florida House of Representatives, the Florida League of Cities, the Florida Association of Counties, the Florida City County Management Association, the Board of County Commissioners for Broward County and the Broward League of Cities for distribution to all cities in Broward County. Section 4. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 5. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED on March 23, 2021. ATTEST: THOMAS SCHNEIDER, CMC TAMARA JA CITY CLERK dâ–º MAYOR L APPROVED AS. MFORM AND CORRECTNESS: THO AS J.,/A SBRO CITY AT;r RNEY 2 RESOLUTION #2021-037