|
RESOLUTION NO. 2025 -�
<br />A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
<br />FLORIDA, AUTHORIZING PARTICIPATION IN A LAWSUIT SEEKING, AMONG
<br />OTHER THINGS, TO DECLARE THAT SENATE BILL 180'S IMPOSITION OF A
<br />BLANKET STATEWIDE PROHIBITION ON THE EXERCISE OF HOME RULE
<br />AUTHORITY OVER LAND USE AND ZONING REGULATIONS, IS
<br />UNCONSTITUTIONAL AND SHOULD BE ENJOINED, AND RETAINING WEISS
<br />SEROTA HELFMAN COLE + BIERMAN, PL TO PROSECUTE THE LAWSUIT;
<br />AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO DO ALL THINGS
<br />NECESSARY TO EFFECTUATE THE TERMS OF THIS RESOLUTION; PROVIDING FOR
<br />AN EFFECTIVE DATE.
<br />WHEREAS, Article VIII, Section 2(b) of the Florida Constitution provides that municipalities
<br />"shall have governmental, corporate and proprietary powers to enable them to conduct municipal
<br />government, perform municipal functions and render municipal services," and authorizes
<br />municipalities to exercise any power for municipal purposes except as otherwise provided by law;
<br />and
<br />WHEREAS, pursuant to Section 2(b) of Article VIII of the Florida Constitution and Chapters
<br />163 and 166, Florida Statutes, municipalities have broad authority to adopt comprehensive plans,
<br />enact land development regulations, issue development permits, and impose temporary moratoria
<br />in furtherance of local public health, safety, and welfare, including for purposes of orderly growth,
<br />environmental protection, disaster recovery, and community resiliency; and
<br />WHEREAS, on June 26, 2025, Senate Bill 180 ("SB 180"), titled "Emergencies," was signed
<br />into law by Governor Ron DeSantis and became effective immediately as Chapter 2025-190,
<br />Florida Statutes; and
<br />WHEREAS, among other things, Section 28 of SB 180 prohibits all local government -
<br />initiated ordinances that impose "more restrictive or burdensome" comprehensive plan
<br />amendments, land development regulations, or procedures concerning review, approval, or
<br />issuance of site plans, development permits, or development orders (collectively, "Land Use and
<br />Zoning Regulations") for the period commencing retroactively from August 1, 2024, through
<br />October 1, 2027, even if such amendments, regulations or procedures are in no way related to any
<br />hurricane or other emergency and even if such amendments, regulations, or procedures were duly
<br />enacted prior to the enactment of SB 180; and
<br />WHEREAS, Section 28 of SB 180 also bans local moratoria on construction, reconstruction,
<br />or redevelopment of property damaged by a hurricane during the same timeframe; and
<br />WHEREAS, Section 18 of SB 180 further prohibits local governments that are located in
<br />counties that are entirely or partially within 100 miles of the track of any future hurricane from
<br />enacting "more restrictive or burdensome" Land Use and Zoning Regulations, and moratoria on
<br />construction, reconstruction, or redevelopment of any property, damaged or not, for a period of
<br />one year after the storm makes landfall; and
<br />@Bcl@2815fboc SB 180 Lawsuit Page 1 of 4 393
<br />
|