HomeMy WebLinkAboutReso 2003-533
RESOLUTION NO. 2003-533
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, EXPRESSING OPPOSITION TO
SENATE BILL 1164 AND HOUSE BILL 113 WHICH SET FORTH
AMENDMENTS TO THE BERT J. HARRIS, JR. ACT AND ANY AND
ALL OTHER PROPOSED AMENDMENTS THAT WOULD SUBJECT
LOCAL AND STATE GOVERNMENTS TO FURTHER LIABILITY FOR
THE CONSTITUTIONAL EXERCISE OF THEIR LEGISLATIVE AND
QUASI-JUDICIAL RESPONSIBILITIES AND POWERS; DIRECTING
THE CITY CLERK TO TRANSMIT THE RESOLUTION TO THE
PRESIDENT OF THE SENATE, SPEAKER OF THE HOUSE AND
GOVERNOR; SETTING AN EFFECTIVE DATE.
WHEREAS, the Bert J. Harris Jr. Private Property Rights Protection Act. ("Harris Act"),
as codified in Section 70.001 of the Florida Statutes, was enacted in 1995 to provide a limited
remedy for property owners when their property has been "inordinately burdened" by the action
of a governmental entity; and
WHEREAS, since its inception, numerous commentators and governments alike have
expressed concern that the Harris Act is impermissibly vague, fraught with various problems in
its application and interpretation, and has had a chilling effect upon numerous governments in
their planning and zoning activities; and
WHEREAS, in the eight years since the enactment of the Harris Act, there have been
over 258 claims asserted against local governments in Florida; and
WHEREAS, despite its various constitutional infirmities relating to, inter alia, its failure
to define "inordinate burden" and "reasonable, investment-backed expectations;" the automatic
ripeness provisions that appear to violate separation of powers doctrine; and the uncertainties
inherent in its attempt to create a statue of limitations period; the Act nonetheless provided in
clear language that it does "not affect the sovereign immunity of government"; and
WHEREAS, on July 18, 2002, a case affectin~ one of the cities of Florida, namely Royal
World Metropolitan, Inc. v. City of Miami Beach, 11 t Judicial Court Case No. 99-17243 (Royal
World), resulted in a favorable summary judgment for the City which determined that the
doctrine of sovereign immunity protects the City from liability for damages under the Harris Act
and said case has been appealed and is pending in the Third District Court of Appeals as of the
commencement ofthe 2003 Session ofthe Florida Legislature; and
WHEREAS, the legislation proposed via Senate Bill 1164 and House Bill 113, if
constitutional, in part seeks to nullify the effect of the Royal World decision and adversely affect
the ad valorem taxpaying public of Florida in as much as 258 other claims pending statewide, by
not only providing that such waiver is retroactive to May 11, 1995 and
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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
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amendments that would subject Local and State governments to further liability of the
constitutional exercise of their legislative and quasi-judicial responsibilities and powers.
Section 2. Directive to the City Clerk. The City Clerk is directed to provide copies of this
Resolution to the President of the Senate, Speaker of the House and the Governor.
Section 3.
Effective Date. This Resolution shall become effective
PASSED AND ADOPTED this 2D~ay of
~
. AT:TEST: q_ ,~
~l A/:'~
Jarie A. Hines, ACting City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
Moved by: ",,~ ~~~f'
Seconded by: Co ~ - IG L ~iA-s
-
Vote: S-D
Mayor David Samson
Vice Mayor Norman S. Edelcup
Commissioner Gerry Goodman
Commissioner Danny Iglesias
Commissioner Lila Kauffman
~(Y es)
V{Yes)
~(Y es)
V~y es)
-J?jYes)
_(No)
_(No)
_(No)
_(No)
_(No)
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