HomeMy WebLinkAboutR-2022-026 Opposing Senate Bill 280 Regarding Municipal Ordinances When ChallengedRESOLUTION NO.2022-026
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, OPPOSING FLORIDA SENATE BILL NO. 280 WHICH
BLOCKS THE ENACTMENT OR ENFORCEMENT OF NEW COUNTY AND
MUNICIPAL ORDINANCES WHEN THEY ARE CHALLENGED;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Senate Bill ("SB") 280 essentially blocks the enactment or enforcement of
new county and municipal ordinances when they are challenged; and
WHEREAS, SB 280 is an extreme overreach of state government and severely restricts
the authority of local government officials to protect the health, safety, and welfare of the people
they were sworn to protect; and
WHEREAS, the bill would give local businesses, and others, the ability to delay new ordinances
by suing and merely alleging, without proof or citation to any legal authority, that the measure appears to
be preempted by State law or the state Constitution, or merely alleging that the ordinance is arbitrary or
unreasonable, without any proof of the allegations; and
WHEREAS, SB 208 will allow a frivolous lawsuit to trigger an automatic court stay
which would prevent the ordinance from taking effect and cause harm to the health, safety, and
welfare of the people; and
WHEREAS, the bill does not provide for any consequence to the person challenging the
ordinance if the allegations are not proven and yet the person could hold up the enforcement of ordinance
and cause harm to the health, safety and welfare of businesses and the people residing and working within
the local government's jurisdiction; and
WHEREAS, the bill would require counties and municipalities to produce a complicated and
very expensive "business impact statement" before even making minor or clarifying amendments to an
ordinance and to suspend enforcement of the entire ordinance amid legal challenges; and
WHEREAS, SB 280 will cause extensive delays in local elected officials carrying out
the duties they were elected to carry out by their constituents; and
WHEREAS, there is no language in the bill preventing individuals from filing suits for frivolous
purposes and the local government would be required to defend itself in the lawsuits and pay substantial
amounts of taxpayer dollars in attomey's fees and costs defending frivolous lawsuits;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF DANIA BEACH, FLORIDA:
Section 1. That the above "Whereas" clauses are ratified and confirmed, and they are
made a part of and incorporated into this Resolution by this reference.
Section 2. That the Mayor and the City Commission of the City of Dania Beach,
Florida oppose Senate Bill 280.
Section 3. That the City Commission directs the City Clerk to transmit a copy of this
resolution to the Florida Governor, the Board of County Commissioners for Broward County, the
Florida League of Cities, the Broward League of Cities and to the Broward County delegation of
the Florida Legislature for distribution.
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 take effect and be in force immediately upon its
passage and adoption.
PASSED AND ADOPTED on February 22, 2022.
CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
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TTORNEY
2 RESOLUTION #2022-026