Reso 2003-533 - Laserfiche WebLink

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WHEREAS, the economic impact of amending the Harris Act as proposed and making it retroactive for eight (8) years would be devastating for the State and for local governments statewide; and WHEREAS, for example, the potential economic effect of eliminating sovereign immunity in the City of Miami Beach is reflected by the amounts claimed in its pending eight Harris Act case which total $24,817,750, exclusive of interest, attorney's fees and court costs; and WHEREAS, the amendments proposed in Senate Bill 1164 and House Bill 113 seek to interfere with the pending judicial process in the Royal World case, as well as in numerous other cases pending before various courts in the State of Florida; and WHEREAS, the portion of the proposed legislation which seeks to abolish sovereign immunity protection retroactive to May 1995, if enacted, and determined to be constitutional, would frustrate as much as eight years of litigation thought out the State (5 years in the City of Miami Beach alone), the expenditures of inordinate amounts of public and private funds for attorneys' and appraisers' fees and court costs, and potentially would set off a brand new round of litigation between the public and private sectors; and WHEREAS, the gross inequity of such result is exacerbated when it is realized that the actual value of the properties which are subject to pending claims have increased in may cases in exponential proportion in excess of their respective actual values since May, 1995, thereby creating the possibility for unjustly enriching the respective owners far beyond any investment- backed expectations; and WHEREAS, of greater or equal impact, the proposed amendments, if enacted will seriously impair local governments in their efforts to comply with State-mandated requirements in such areas as growth management, comprehensive planning, concurrency, protection of fragile, environmentally sensitive areas such as wetlands, beachfronts and forestlands, concern with caring capacity, and many other quality of life concerns; and WHEREAS, during the century and one half of Florida' s existence, a comprehensive body of law has developed through Court interpretation of the State and Federal Constitutions and legislative enactment which has defined "takings and the power and cost to the public incident to the exercise of eminent domain, all of which have amply protected and amply protect private ownership interests against the necessary as well as the arbitrary and capricious of state and local governments. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Expression of Opposition. The City Commission hereby expresses opposition to Senate Bill 1164 which set forth amendments to the Bert J. Harris Act and any other proposed 2