HomeMy WebLinkAboutReso 2019-2922 RESOLUTION NO. 2019- tel "--
A
2A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, OPPOSING FLORIDA
SENATE BILL 246 AND HOUSE BILL 101 WHICH SEEK TO
PREEMPT LOCAL REGULATION OF CONTRACTS FOR
CONSTRUCTION SERVICES BY REDUCING THE AMOUNT
OF RETAINAGE A PUBLIC ENTITY MAY WITHHOLD FROM
EACH PROGRESS PAYMENT MADE TO CONTRACTORS,
AND NULLIFIES REGULATIONS ADOPTED BY LOCAL
GOVERNMENTS PERTAINING TO SUCH MATTERS;
DIRECTING THE CITY CLERK TO DISTRIBUTE COPIES OF
THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS,Florida Senate Bill 246 and House Bill 101 have been filed for consideration
during the Florida Legislature's 2019 session; and
WHEREAS,these bills will preempt local government's ability to regulate local contracts
for construction services to the State; and
WHEREAS these bills will reduce the amount of retainage local governments can require
on public construction contracts from 10%to 5%; and
WHEREAS, these bills will leave local governments with inadequate recourse against
construction contractors who do not finish jobs according to contract.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The foregoing"WHEREAS" clauses are hereby ratified and incorporated
herein.
Section 2. Opposition of Florida Senate Bill 246 and House Bill 101. The City Commission
hereby expresses strong opposition to House Bill 101 or similar legislation that would preempt
local government regulation of contracts for public construction, and would nullify regulations
adopted by local governments pertaining to such matters.
Section 3. Directions to the City Clerk. The City Clerk is directed to distribute copies of this
Resolution to Governor Rick Scott, the Speaker of the House of Representatives, the President of
the Florida Senate, the Chair of the Miami-Dade State Legislative Delegation, the Florida League
of Cities, the Florida Association of Counties, the Florida City County Management Association,
and the Miami-Dade County League of Cities.
Section 4. Effective Date. This Resolution shall become effective upon adoption.
Page 1 of 2
Reso opposing SB 246 and HB 101
PASSED and ADOPTED this 21' day of F- : a 2019.
Georg, H. Scholl, Mayor
ATT
04,
Adthar
Maur cio :etan•ur, CMC, City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
if
Julia Grachov. Interim City Attorney
Moved by: CIA Mk'SU: J'e 60t-stY4V•1
Seconded by: vIC If*4- SU€.e i,J
Vote:
Mayor Scholl ✓ (Yes) (No)
Vice Mayor Svechin (Yes) (No)
Commissioner Goldman V (Yes) (No)
Commissioner Lama (No)
(No)
Commissioner Viscarra (Yes) (No)
Page 2 of 2
Reso opposing SB 246 and HB 101
�S� zf City of Sunny Isles Beach
(kr .�- Air 18070 Collins Avenue
''' •- - ,, Sunny Isles Beach, Florida 3;160
y� 's:."---v�1O y4~ (305)941-0606 City Hall
c,'*c, SVA l' (305)949-3113 Fax
MEMORANDUM
TO: The Honorable Mayor and City Commission
VIA: Christopher J. Russo, City Manager
FROM: Kathryn Matos,Assistant to the City Manager for Special
Projects
DATE: 2/21/2019
Resolution Opposing Florida Senate Bill 246 and House
RE: Bill 101 to Reduce the Amounts Public Entity May
Withhold from a Progress Payment to a Contractor as
Retainage
Lir
RECOMMENDATION:
It is recommended that the City Commission approve the proposed
Resolution opposing Florida Senate Bill 246 and House Bill 101 that
will reduce the retainage amount public entities can withhold from
progress payments on public construction contracts.
REASONS:
Home Rule, or local government's ability to regulate issues that are
localized and nuanced based on the specific environments and
circumstances in each individual city across the state, is a vital part of
maintaining the identity of our City and ensuring that we have the ability
to regulate the issues that are specific to Sunny Isles Beach. From
time to time, the State legislature proposes bills that preempt local
regulation on these kinds of issues that should remain local.
Senate Bill 246 and House Bill 101 are such bills that would require
public entities to reduce the retainage amount they are allowed to
withhold from each payment to a contractor from 10%to 5%. Retainage
L. is an important tool for local governments to be able to ensure fiscal
responsibility with taxpayer dollars and that contracts are completed to
184
3petiifications.
ATTACHMENTS:
Description
Resolution
House Bill 101 -Retainage
SB 246-Public Construction
Item Number: 10.L.
J
185