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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: Page 1 of4 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 Page 2 of 4 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 AT I iSi . lii/ �. i . f Jane A. Hines,`MMC; City Clerk r t i.: i . 4ti f• r-,4,-7-:-- 4:,..0 • Page 3 of41 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 7,,"--- ;._ 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.