HomeMy WebLinkAboutR-2022-039 Opposing House Bill 1241 (Limiting Ability of City to Collect Liquidated Damages from Solid Waste Providers)RESOLUTION NO.2022-039
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, OPPOSING HOUSE BILL 1241, LIMITING THE
ABILITY OF THE CITY TO COLLECT LIQUIDATED DAMAGES FROM
SOLID WASTE PROVIDERS AND PROHIBITING SUCH LIQUIDATED
DAMAGES DURING A STATE OF EMERGENCY; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on January 6, 2022, Florida Representative Fred Hawkins filed House Bill
1241, which would severely limit the City's ability to collect liquidated damages from solid waste
providers; and
WHEREAS, House Bill 1241 would require that any liquidated damages imposed by
local governing bodies on a solid waste provider shall be calculated on, and may not exceed 50
percent of, the amount billed to the customer for solid waste or recycling services billed for that
day at the daily rate; and
WHEREAS, House Bill 1241 would fully prohibit the City from seeking liquidated
damages from a solid waste provider during a declared state of emergency; and
WHEREAS, under the Florida Constitution and Section 166.021, Florida Statutes,
municipalities are given broad home rule powers; and
WHEREAS, House Bill 1241 is overly broad, as there may be a state of emergency based
on something that would have no possible impact on solid waste collection or on the City, and
therefore a solid waste provider could ignore its obligations with no penalty; and
WHEREAS, the general limitation on the amount of such liquidated damages would
result in a lower level of customer service since the amount of liquidated damages would be too
low to ensure compliance by a solid waste provider of customer service standards; and
WHEREAS, the State should not prohibit the City from seeking liquidated damages from
a solid waste provider during a state of emergency and should not limit the amount of liquidated
damages that the City can impose on a solid waste provider in other situations, but instead should
respect the home -rule authority of municipalities, under which municipalities may contract with a
solid waste provider with no such restrictions;
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 City Commission of the City of Dania Beach, Florida, opposes
House Bill 1241 in the 2022 Florida Legislative Session, and urges all members of the Florida
Legislature and Governor Ron DeSantis to oppose House Bill 1241.
Section 3. That the City Clerk is directed to distribute this Resolution to the Florida
Governor, the President of the Florida Senate, the Speaker of the Florida House of
Representatives, the Broward County Legislative Delegation, the Florida League of Cities, the
Florida Association of Counties, the Florida City County Management Association, the Board of
County Commissioners for Broward County, the Broward County League of Cities, and each of
the municipalities in Broward County.
Section 4. That the City Commission directs the City's state lobbyists to advocate
against House Bill 1241 in the 2022 Florida Legislative Session.
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 become effective upon its passage and adoption.
PASSED AND ADOPTED on March 8, 2022.
ATTEST: gr-142%, _
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THOMAS SCHNEIDER, CMC TAMARA J.
CITY CLERK MAYOR
Is
APPROVED APPROVED AS TO FORM AND CORRECTNESS:
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EVYV. BO TSIS
CI ATTORNEY
2 RESOLUTION #2022-039