HomeMy WebLinkAboutR-2025-034 Urging Rejection of Florida SB482 Public Art ProgramsRESOLUTION NO. 2025-034
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, URGING THE FLORIDA LEGISLATURE TO REJECT
SENATE BILL 482, RELATING TO LOCAL GOVERNMENT’S HOME RULE
AUTHORITY TO PROVIDE A PUBLIC ART PROGRAM AND TO FUND
THE PROGRAM THROUGH DEVELOPMENT APPROVALS; PROVIDING
FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, State Senator DiCeglie introduced Senate Bill 482, relating to local
governments, prohibiting an applicant from funding a municipal or county public art program
through development permits or orders; and
WHEREAS, the bill provides that municipality may not as a condition of processing or
issuing a development permit or development order require an applicant to install a work of art,
pay a fee for a work of art, or reimburse the municipality for any costs that the municipality may
incur related to a work of art; and
WHEREAS, this bill would destroy the City of Dania Beach’s public art program; and
WHEREAS, the bill has been referred to the Community Affairs, Finance and Tax, and
Rules Committees, and there is currently no staff analysis of the bill; and
WHEREAS, if enacted it would become effective July 1, 2025; and
WHEREAS, the City of Dania Beach (“City”) does not support Senate Bil 482.
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 urges the Florida Legislature to reject (VOTE NO) on Senate
Bill 482.
Section 3. That the City Clerk is requested to send a copy of this Resolution to the
Florida Legislature, the Office of Governor Ron DeSantis, the Broward League of Cities, the
Florida League of Cities, to the other Cities of Broward County, the Broward County Board of
County Commissioners 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are repealed to the extent of such conflict.
RESOLUTION #2025-034 2
Section 5. That this Resolution shall become effective immediately upon its passage
and adoption.
PASSED AND ADOPTED on March 11, 2025.
Motion by Vice Mayor Salvino, second by Commissioner Lewellen
FINAL VOTE ON ADOPTION: Unanimous X
Yes No
Commissioner Lori Lewellen ____ ____
Commissioner Luis Rimoli ____ ____
Commissioner Archibald J. Ryan IV ____ ____
Vice Mayor Marco Salvino ____ ____
Mayor Joyce L. Davis ____ ____
ATTEST:
ELORA RIERA, MMC JOYCE L. DAVIS
CITY CLERK MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
EVE A. BOUTSIS
CITY ATTORNEY
Florida Senate - 2025 SB 482
By Senator DiCeglie
18-01476-25 2025482__
Page 1 of 3
CODING: Words stricken are deletions; words underlined are additions.
A bill to be entitled 1
An act relating to local government; amending s. 2
125.022, F.S.; prohibiting a county from requiring an 3
applicant to take certain actions as a condition of 4
processing a development permit or development order; 5
amending s. 163.31801, F.S.; defining the term 6
“extraordinary circumstances”; requiring that a 7
demonstrated-need study include certain information; 8
amending s. 166.033, F.S.; prohibiting a municipality 9
from requiring an applicant to take certain actions as 10
a condition of processing a development permit or 11
development order; providing an effective date. 12
13
Be It Enacted by the Legislature of the State of Florida: 14
15
Section 1. Subsection (8) is added to section 125.022, 16
Florida Statutes, to read: 17
125.022 Development permits and orders.— 18
(8) A county may not as a condition of processing or 19
issuing a development permit or development order require an 20
applicant to install a work of art, pay a fee for a work of art, 21
or reimburse the county for any costs that the county may incur 22
related to a work of art. 23
Section 2. Present paragraphs (a) and (b) of subsection (3) 24
of section 163.31801, Florida Statutes, are redesignated as 25
paragraphs (b) and (c), respectively, a new paragraph (a) is 26
added to that subsection, and paragraph (g) of subsection (6) of 27
that section is amended, to read: 28
163.31801 Impact fees; short title; intent; minimum 29
Florida Senate - 2025 SB 482
18-01476-25 2025482__
Page 2 of 3
CODING: Words stricken are deletions; words underlined are additions.
requirements; audits; challenges.— 30
(3) For purposes of this section, the term: 31
(a) “Extraordinary circumstances” means: 32
1. For a county, that the permanent population estimate 33
determined for the county by the University of Florida Bureau of 34
Economic and Business Research is at least 1.25 times the 5-year 35
high-series population projection for the county as published by 36
the University of Florida Bureau of Economic and Business 37
Research immediately before the year of the population estimate; 38
or 39
2. For a municipality, that the municipality is located 40
within a county with such a permanent population estimate and 41
the municipality demonstrates that it has maintained a 42
proportionate share of the county’s population growth during the 43
preceding 5-year period. 44
(6) A local government, school district, or special 45
district may increase an impact fee only as provided in this 46
subsection. 47
(g) A local government, school district, or special 48
district may increase an impact fee rate beyond the phase-in 49
limitations established under paragraph (b), paragraph (c), 50
paragraph (d), or paragraph (e) by establishing the need for 51
such increase in full compliance with the requirements of 52
subsection (4), provided the following criteria are met: 53
1. A demonstrated-need study justifying any increase in 54
excess of those authorized in paragraph (b), paragraph (c), 55
paragraph (d), or paragraph (e) has been completed within the 12 56
months before the adoption of the impact fee increase and 57
expressly demonstrates the extraordinary circumstances 58
Florida Senate - 2025 SB 482
18-01476-25 2025482__
Page 3 of 3
CODING: Words stricken are deletions; words underlined are additions.
necessitating the need to exceed the phase-in limitations. The 59
demonstrated-need study must identify the specific projects that 60
will benefit, and how such projects will benefit, from exceeding 61
the phase-in limitations. 62
2. The local government jurisdiction has held not less than 63
two publicly noticed workshops dedicated to the extraordinary 64
circumstances necessitating the need to exceed the phase-in 65
limitations set forth in paragraph (b), paragraph (c), paragraph 66
(d), or paragraph (e). 67
3. The impact fee increase ordinance is approved by at 68
least a two-thirds vote of the governing body. 69
Section 3. Subsection (8) is added to section 166.033, 70
Florida Statutes, to read: 71
166.033 Development permits and orders.— 72
(8) A municipality may not as a condition of processing or 73
issuing a development permit or development order require an 74
applicant to install a work of art, pay a fee for a work of art, 75
or reimburse the municipality for any costs that the 76
municipality may incur related to a work of art. 77
Section 4. This act shall take effect July 1, 2025. 78