HomeMy WebLinkAboutR-2021-038 Opposing Unwarranted or Overly Broad Preemptions of Municipal Home Rule PowersRESOLUTION NO.2021-038
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, URGING ALL MEMBERS OF THE FLORIDA
LEGISLATURE TO OPPOSE UNWARRANTED OR OVERLY BROAD
PREEMPTIONS OF MUNICIPAL HOME RULE POWERS; DIRECTING THAT
A COPY OF THIS RESOLUTION BE TRANSMITTED TO MEMBERS OF THE
FLORIDA LEGISLATURE, THE FLORIDA LEAGUE OF CITIES, THE
BROWARD LEAGUE OF CITIES AND ANY OTHER INTERESTED
PARTIES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, municipalities are voluntarily created and chartered by their citizens as the
embodiment of local self-determination; and
WHEREAS, in 1968, Florida voters amended the state constitution to confer broad "Home
Rule" powers upon municipal government, under Article VIII, Section 2(b); and
WHEREAS, numerous bills currently being considered by the Florida Legislature
contradict the will of the people of Florida, who expressed an unequivocal desire for broad Home
Rule powers in their state constitution; and
WHEREAS, these bills undercut the intent of the citizens of every municipality in Florida,
who voted to incorporate their community and exercise the broad Home Rule powers granted by
the Florida Constitution to govern themselves and effectively address the unique concerns of their
communities; and
WHEREAS, these bills would impair municipal charter and ordinance provisions
specifically adopted and approved by local communities to define their preferred form of self-
government and safeguard issues of perennial importance to their communities; and
WHEREAS, a municipality's ability to timely act on local problems and opportunities will
be limited by these bills and defer to a state legislature that holds session only once a year, and
whose ability to address local problems will be contingent on the relative effectiveness of its
representative in the state legislature; and
WHEREAS, under these bills, state legislators will find themselves spending increasing
amounts of time arbitrating over local problems and legislating on local issues, and less time
attending to pressing statewide needs; and
WHEREAS, the City Commission of the City of Dania Beach, Florida believes opposing
these bills is in the best interests of the residents and businesses of the municipalities in the State
of Florida, and ultimately the state itself; and
WHEREAS, the City of Dania Beach would respectfully ask the state legislature to be
mindful that regulations enacted by local governments have to be enforced by those same
governments and, if excessive or burdensome, the peoples' local elected representatives are
quickly made aware of those burdens and any unintended consequences; and
WHEREAS, should these bills become law, and not be overturned, the ability of Florida's
municipalities to narrowly address local issues of public concern would be destroyed;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the above "Whereas" clauses are approved, made a part of, and
incorporated into this Resolution by this reference.
Section 2. That the City Commission of the City of Dania Beach, Florida opposes the
State of Florida's overbroad attempt to repeal or restrict constitutional municipal home rule powers
to protect the health, safety and welfare of citizens and urges all members of the Florida Legislature
to oppose the adoption of unwarranted or overly broad preemptions.
Section 3. That a copy of this Resolution be transmitted to members of the Florida
Legislature, the Florida League of Cities, the Broward League of Cities and any other interested
parties.
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 become effective immediately upon its passage
and adoption.
2 RESOLUTION #2021-038
PASSED and ADOPTED on March 23, 2021.
ATTEST:
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THOMAS SCHNEIDER, CMC TAMARA J
CITY CLERK 4 4 K )-Clr MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
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THOMA J. RO
CITY ATT�6 EY
RESOLUTION 42021-038