HomeMy WebLinkAboutReso 2021-3176RESOLUTION NO.2021- _�> l% *
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, STRONGLY OPPOSING HOUSE BILL 403
AND SENATE BILL 266 WHICH SEEK TO PREEMPT LOCAL
GOVERNMENTS FROM REGULATING HOME-BASED BUSINESSES IN
RESIDENTIAL DWELLING UNITS AND THOSE AREAS ZONED FOR
RESIDENTIAL USE; DIRECTING THE CITY CLERK TO DISTRIBUTE
COPIES OF THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Representative Mike Giallombardo introduced House Bill 403 ("HB 403")
and Senator Keith Perry introduced Senate Bill 266 ("SB 266") for consideration during the 2021
Florida Legislative Session seeking to authorize home-based businesses to operate in residential
zoning districts irrespective of a local government's zoning restrictions, and allowing specified
businesses to challenge local government actions regulating home-based businesses in residential
zoning; and
WHEREAS, cities currently have common sense restrictions in place that properly
balance someone's desire to open their own small business without adversely impacting their
neighbors and their community; and
WHEREAS, home-based businesses are not the same as residents working remotely from
home due to COVID-19 pandemic and should not be treated as such; and
WHEREAS, allowing unregulated home-based businesses would change the character
and look and feel of the City of the Sunny Isles Beach's (the "City") neighborhoods as well as
impact residents' peaceable enjoyment of their home; and
WHEREAS, allowing any type of business to open in a home can lead to health and safety
issues as well as endangering the welfare of neighboring residents; and
WHEREAS, allowing unregulated home-based businesses would mean increased
customers, traffic, noise, deliveries, nuisances and health and safety issues impacting the quality
of life of neighboring residents; and
WHEREAS, the City Commission believes that regulation of home-based businesses and
residential zoning districts is essential to protecting the rights of property owners in the City to
be free of the deleterious and adverse effects of home-based businesses; and
WHEREAS, the City Commission believes that issues of this nature should be determined
locally, in accordance with the City's home rule authority; and
WHEREAS, the Mayor and City Commission declare their strong opposition to HB 403
and SB 266, and any substitute or similar Senate or House bill which preempts the authority
of local municipalities to protect their citizens and preserve the integrity of its communities.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
82021 Oppose HB 403 and SB 266 (Home Business) Page 1 of 2
Section 1. Opposition to House Bill 403 and Senate Bill 266. The City Commission hereby
expresses its strong opposition to House Bill 403 and Senate Bill 266.
Section 2. Directions to the City Clerk. The City Clerk is hereby directed to distribute copies
of this Resolution to Representative Mike Giallombardo, Senator Keith Perry, Governor Ron
DeSantis, the Speaker of the Florida House of Representatives, the President of the Florida Senate,
the Florida League of Cities, and the Miami -Dade League of Cities.
Section 3. Effective Date. This Resolution shall become effective upon adoption.
PASSED and ADOPTED on this 18th day of Feb ry 2021.
k
George H. Scholl, Mayor
APPROVED AS TO FORM
LEG SUFFICIENCY:
'ic, Q 9-,
Edward . Dio , City Attorney
Moved by: V1 11` 0� �'� � Seconded by: �Wols4tofvc-g- o
Vote:
Mayor Scholl
(Yes)
(No)
Vice Mayor Svechin
V- (Yes)
(No)
Commissioner Goldman
�- (Yes)
(No)
Commissioner Lama
(Yes)
(No)
Commissioner Viscarra
(Yes)
(No)
82021 Oppose HB 403 and SB 266 (Home Business) Page 2 of 2
NNY ISZ
City of Sunny Isles Beach
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18070 Collins Avenue
Sunny Isles Beach, Florida 33160
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(305) 949-3113
MEMORANDUM
TO: The Honorable Mayor and City Commission
FROM: Alex Lama, Commissioner
DATE: 2/18/2021
Opposition to Florida House Bill 403 and Florida Senate
RE: Bill 266 Which Seek to Preempt Local Governments
from Regulating Home -Based Businesses
RECOMMENDATION:
This Resolution is presented for your consideration
REASONS:
Growth management tools such as land use restrictions and
regulations or commonly knows as Zoning have been into place for
decades. Even though, criticism against zoning regulations or
restrictions have increased over the years, still one of the best tools to
maintain the quality and character of neighborhoods within the local
jurisdictions. These zoning regulations and restrictions reflect the local
jurisdiction's desires, therefore, preempting such regulations is a direct
opposition of the will of the people.
ATTACHMENTS:
Description
Resolution (Added 2/16/21)
Item Number: 10.N.