HomeMy WebLinkAboutReso 2017-2679 RESOLUTION NO. 2017- 26141
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, OPPOSING HOUSE
BILL 17 AND SENATE BILL 1158 WHICH SEEK TO PREEMPT
LOCAL REGULATIONS OF BUSINESSES, PROFESSIONS,
OCCUPATIONS, AND NULLIFY 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, Senate Bill 1158 and House Bill 17 have been filed for consideration during
the Florida Legislature's 2017 session; and
WHEREAS, House Bill 17 would preempt the regulation of businesses, professions, and
occupations to the State and prohibit local governments from adopting or imposing new regulations
on business, professions, or occupations unless such regulations are expressly authorized by
general law; and
WHEREAS, House Bill 17 would grandfather existing local government regulation of
businesses, professions, and occupations adopted prior to July 1, 2017, without general law
authority, but only until July 1, 2020 when such local government regulations would be null and
void; and
WHEREAS, similarly, Senate Bill 1158 would preempt to the state the regulation of
matters relating to commerce, trade, and labor, effective January 1, 2017; and
WHEREAS,while Senate Bill 1158 in its present form would not impact local government
regulations enacted prior to January 1, 2017, it would prevent local governments from enacting
new regulations pertaining to commerce, trade, or labor after that time; and
WHEREAS, Senate Bill 1158 declares that any such local regulations enacted after
January 1, 2017 are null and void, and provides a process to invalidate any offending regulations
of a county, municipality, or special district; and
WHEREAS, House Bill 17 and Senate Bill 1158 could have far-reaching implications for
the communities that local government represent and protect through regulations pertaining to
businesses, professions, occupations, commerce, trade and labor; and
WHEREAS, under House Bill 17, a host of local regulations could potentially either be
preempted to the state or cease to be enforceable by local governments after July 1, 2020; and
WHEREAS, House Bill 17 will prohibit local laws which are not limited to:
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Reso opposing SB 1158 and HB 17
• adult entertainment and night club establishments, spacing between alcohol sales
establishments and schools, religious facilities; and residences, and hours of
operation for certain uses that operate near single family residences;
• minors, including those that prohibit the sale of tobacco products to persons under
18 years of age;
• consumer protection and unfair/deceptive practices, including regulations on
false/misleading advertising, food product packaging/labeling, price
misrepresentation, maximum non-consent tow rates, and non-discrimination in
tipping;
• business licensing, including regulations for pain management clinics that require
fingerprinting and background checks for the protection of the public;
• notice, disclosure, and signage requirements, including those relating to gasoline
prices, rental car agencies, alcoholic beverages, check cashing fees;
• wage theft;
• the prevention of unreasonable loud noises;
• historic preservation, including regulations that preserve historic districts and draw
tourism;
• art in public places for the benefit of the community;
• emergency vehicles, taxis, limousines, jitneys, and transportation network
companies;
• commercial signage and signage on commercial buildings;
• placement and merchandising of tobacco products and e-cigarettes; and
• the environment, including regulations that prevent sanitary nuisances, such as
untreated or improperly treated human waste, garbage, and dead animals.
WHEREAS, Senate Bill 1158 takes a similarly broad sweep to House Bill 17 and provides
that unless otherwise expressly authorized by special or general law, after January 1, 2017 local
governments would be precluded from enacting regulations that:
• ban the sale of good or service;
• impose a penalty on the sale of a good or service;
• require employer to pay any or all of its employees a wage rate not otherwise
required under a special, general, or federal law, or
• interfere with the regulation of commerce, trade, or labor outside the territorial
boundaries of a local government, private sector investment, business
competitiveness, productivity, or innovation within the county or outside its
territorial boundaries; and
WHEREAS, under the language above Senate Bill 1158 could potentially prevent local
governments from enacting or amending regulations that encourage local and regional economic
development , protect the distinguishing aesthetics and other features of local areas that attract
tourists, and prevent discrimination; and
WHEREAS, local zoning authority is a fundamental power through which local
communities regulate where industrial, commercial, residential, and other uses should be located
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Reso opposing SB 1158 and HB 17
to protect the character of neighborhoods and ensure that incompatible uses are not situated
adjacent to one another; and
WHEREAS, many believe that local government regulations serve no useful purpose and
are simply revenue generators for local governments are detrimental to business; and
WHEREAS, in reality, such regulations are essential to preserving the quality of life and
character of local communities, and are in many cases actually good for businesses.
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 Senate Bill 1158 and House Bill 17. The City Commission hereby
expresses strong opposition to Senate Bill 1158 and House Bill 17 or similar legislation that would
preempt local regulation of businesses, profession, occupations, commerce, trade, and labor, and
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, Representative Randy Fine, 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.
PASSED and ADOPTED this 16th day of March, 2017.
George • . Scholl, Mayor
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Jane A. Hines,`MMC; City Clerk
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Reso opposing SB 1158 and HB 17
APPROVED AS TO FORM
ANI E AL SUFFICIENCY:
/d1MA
&OAS,
ra s •ttinot, ty Attorney
Moved by: UI(LE, M610(2- (/ OL *AAfJ
Seconded by: eOWA. VECat
Vote:
Mayor Scholl ✓ (Yes) (No)
Vice Mayor Goldman ✓ (Yes) (No)
Commissioner Aelion N/ (Yes) (No)
Commissioner Gatto ✓ (Yes) (No)
Commissioner Svechin ✓ (Yes) (No)
Page 4 of 4
Reso opposing SB 1158 and HB 17
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50NNY tstF Cityof Sunny Isles Beach City Commission
�' George"Bud"Scholl,Mayor
� 18070 Collins Avenue, Suite 250 Dana Goldman, Vice Mayor
^4 Y ° Sunny Isles Beach, Florida 33160 Isaac Aelion, Commissioner
Ci % = s Jeanette Gatto,Commissioner
* i,--7-'-'4 ,-.-* (305)947-0606 City Hall
{ .`:',A4.;:-,:// Larisa Svechin,Commissioner
(305)949-3113 Fax
y /99�*' ---; r P (305)947-2150 Building Department
Christopher J.Russo City Manager
F F Lo 305 947-5107 Fax Hans Ottinot,City Attorney
circ of sus Pao ( ) Jane A.Hines,i\INIC,CO,Clerk
MEMORANDUM
TO: The Honorable City Commission
FROM: Commissioner Larisa Svechin
DATE: March 16, 2017
RE: Resolution Opposing Preemption of Home Rule Power by the Florida
Legislature
RECOMMENDATION:
This Resolution is presented for your approval.
REASONS:
The Florida Legislature is currently proposing to pass a law which would preempt the authority
of local governments to regulate businesses, professions, and commerce within boundaries of the
local governments. Specifically, House Bill 17 and Senate Bill 1158, enacted, would essentially
take away the City's ability to regulate numerous matters, which include, but are not limited to,
the following:
(1) Distance requirement between adult entertainment businesses and schools, parks, and
religious facilities;
(2) Loud noises;
(3) Distance requirement between liquor establishments and schools, parks, and religious
facilities;
(4) Signage on commercial buildings; and
(5) Placement and merchandising of tobacco products and e-cigarettes.
As noted above, the proposed law would preempt numerous regulations adopted by the City
including distance requirements for strip-clubs, liquor stores, and e-cigarette regulations. If the
City is unable to regulate matters described above, the quality of life of our residents will be in
serious jeopardy. As such, I am asking the City Commission to oppose the efforts of the Florida
Legislature to preempt the City's Home Rule Power, which would negatively impact the quality
of life of City residents. Similar resolutions were adopted by a number of local governments
including Miami-Dade County and Miami Beach.