Res No. 21-17RESOLUTION NO. 21-17
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, URGING ALL MEMBERS OF THE
FLORIDA LEGISLATURE TO OPPOSE FLORIDA HOUSE BILL 17 AND
FLORIDA SENATE BILL 1158 RELATING TO THE PREEMPTION OF
MUNICIPAL HOME RULE POWERS AS APPLIED TO BUSINESSES,
PROFESSIONS AND OCCUPATIONS; DIRECTING THE CITY CLERK
TO TRANSMIT A CERTIFIED COPY OF THIS RESOLUTION TO
GOVERNOR RICK SCOTT, THE FLORIDA SPEAKER OF THE HOUSE
OF REPRESENTATIVES, THE FLORIDA PRESIDENT OF THE
SENATE, THE PALM BEACH COUNTY LEAGUE OF CITIES, AND THE
FLORIDA LEAGUE OF CITIES; PROVIDING AN EFFECTIVE DATE;
AND FOR OTHER PURPOSES.
WHEREAS, in 1968, Florida voters amended the State Constitution to confer broad "Home Rule"
powers to municipal governments, under Article VIII, Section 2(b); and
WHEREAS, municipalities have the power to act for any valid municipal purpose except as prohibited
by law; and
WHEREAS, HB 17 and SB 1158 contradict the will of the people of the State of Florida and undercut
the intent of municipal voters, who voted to incorporate their communities and exercise the broad "Home
Rule" powers granted by the Florida Constitution to govern themselves and address the unique concerns of
their communities; and
WHEREAS, HB 17 and SB 1158 could impair municipal charter provisions specifically adopted and
approved by local voters to define their preferred form of self-government and safeguard issues of importance
to their local communities; and
WHEREAS, the City of Delray Beach supports the preservation of "Home Rule" and opposes any
legislation that seeks to diminish powers granted to local government; and
WHEREAS, the City Commission of the City of Delray Beach believes the opposition of HB 17 and
SB 1158 to be in the best interests of the residents and businesses of the of the City of Delray Beach and the
State of Florida.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the foregoing recitals are hereby confirmed and ratified.
Section 2. That the City Commission hereby expresses its opposition to House Bill 17 and Senate
Bill 1158, relating to the preemption of municipal home rule powers, and respectfully urges the members of
the Florida Legislature to reject House Bill 17 and Senate Bill 1158.
Section 3. The City Clerk is hereby directed to distribute copies of this Resolution pursuant to the
list attached hereto and incorporated herein. as Exhibit "A."
Section 4. That this resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this 30t" day of March, 2017.
ATTEST:
Acting City Cl4k
MAYOR
2 RES. NO- 21-17
i
Governor Rick Scott
State of Florida
The Capitol
400 S. Monroe Street
Tallahassee, FL 32399
Representative Richard Corcoran
Florida Speaker of the House
420 The Capitol
402 South Monroe Street
Tallahassee, FL 32399
Senator Joe Negron
Florida President of the Senate
305 Senate Office Building
404 South Monroe Street
Tallahassee, FL 32399
League of Cities
301 S. Bronough Street
Suite 300
Tallahassee, FL 32302
Palm Beach County League of Cities
P.O. Box 1989, Governmental Center
West Palm Beach, FL 33402
Exhibit A
3 RES. NO. 21-17
EITY OF OELRRY BEREH
DELRAY BEACH
ix�
All-AmericaCity
1993
2001
100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 561/243-7000
CERTIFICATION
I, KIMBERLY WYNN, Acting City Clerk of the City of Delray Beach,
do hereby certify that the attached document is a true and correct copy of
Resolution No. 21-17, as the same was passed and adopted by the Delray
Beach City Commission in regular session on the 30t11 day of March 2017.
IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of Delray Beach, Florida, on this the 11th day of April,
2017.
Kimberly tvynn
Acting City Clerk
City of Delray Beach, Florida
(SEAL)
SERVICE • PERFORMANCE • INTEGRITY • RE51PONSIBLE • INNOVATIVE • TEAMWORK
CITY OF DELRAY BEACH
DELRAY BEACH
6iiii
All-AmericaCity
1993
2001 April 11, 2017
The Honorable Rick Scott
Governor of the State of Florida
The Capitol
400 South Monroe Street
Tallahassee, Florida 32399
Dear Governor Scott:
100 N.W. 1st AVENUE • DELRAY BEACH, FLORIDA 33444 561/243-7000
Please find attached Resolution No. 21-17 showing the City's opposition to House Bill 17
and Senate Bill 1158. The City Commission passed and adopted Resolution No. 21-17 at the
Regular Commission Meeting of March 30, 2017.
If we can be of any assistance to you, please call the office 8:00 a.m. - 5:00 p.m., Monday
through Friday at (561) 243-7051.
Warmest Regards,
KimberlY Y W nnU U
Acting City Clerk
Attachment
SERVICE • PERFORMANCE • INTEGRITY • RESPONSIBLE • INNOVATIVE • TEAMWOPK
EITY OF DELRRY BEREH
DELRAY BEACH
il�
All-AmericaCity
1 I
0
1993
2001
April 11, 2017
100 N.W. 1st AVENUE • DELRAY BEACH, FLORIDA 33444 561/243-7000
The Honorable Richard Corcoran
Florida Speaker of the House
420 The Capitol
402 South Monroe Street
Tallahassee, Florida 32399
Dear Representative Corcoran:
Please find attached Resolution No. 21-17 showing the City's opposition to House Bill 17
and Senate Bill 1158. The City Commission passed and adopted Resolution No. 21-17 at the
Regular Commission Meeting of March 30, 2017.
If we can be of any assistance to you, please call the office 8:00 a.m. - 5:00 p.m., Monday
through Friday at (561) 243-7051.
Warmest Regards,
Kimberly Wynri
.Acting City Clerk
Attachment
SERVICE • PERFORMANCE • INTEGRITY • RESPONSIBLE • INNOVATIVE • TEAMWORK
CITY OF DELRRY BEREH
DELRAY BEACH
All -America City
.IP•®
1993
2001
April 11, 2017
The Honorable Joe Negron
Florida President of the Senate
305 Senate Office Building
404 South Monroe Street
Tallahassee, Florida 32399
Dear Senator Negron:
100 N.W. 1st AVENUE • DELRAY BEACH, FLORIDA 33444 561/243-7000
Please find attached Resolution No. 21-17 showing the City's opposition to House Bill 17
and Senate Bill 1158. The City Commission passed and adopted Resolution No. 21-17 at the
Regular Commission Meeting of Match 30, 2017.
If we can be of any assistance to you, please call the office 8:00 a.m. - 5:00 p.m., Monday
through Friday at (561) 243-7051.
Warmest Regards,
Kimberly Wynn
Acting City Clerk
Attachment
SERVICE ` PERFORMANCE ° INTEGRITY - RESPONSIBLE ° INNOVATIVE - TEAMWORK
EITY OF DELRRY BEREH
DELRAY BEACH
61� 100 N.W. 1st AVENUE - DELRAY BEACH, FLORIDA 33444 - 561/243-7000
All-AmericaCity
1993
2001 Apri111, 2017
Florida League of Cities
301 S. Btonough Street
Suite 300
Tallahassee, Florida 32399
Dear Sit:
Please find attached Resolution No. 21-17 showing the City's opposition to House Bill 17
and Senate Bill 1158. The City Commission passed and adopted Resolution No. 21-17 at the
Regular Commission Meeting of Match 30, 2017.
If we can be of any assistance to you, please call the office 8:00 a.1 -n. - 5:00 p.m., Monday
through Friday at (561) 243-7051.
Warmest Regards,
Ittnbetly Wy
Acting City Cletk
Attachment
SERVICE - PERFORMANCE - INTEGRITY - RESPONSIBLE - INNOVATIVE - TEAMWORK
EITY OF GELRRY BEREH
DELRAY BEACH
F L
bftd
All -America City
1993
2001 April 11, 2017
100 N.W. 1st AVENUE ® DELRAY BEACH, FLORIDA 33444 561/243-7000
Palm Beach County League of Cities
P.O. Box 1989, Governmental Center
West Palm Beach, Florida 33402
Dear Sit:
Please find attached Resolution No. 21-17 showing the City's opposition to House Bill 17
and Senate Bill 1158. The City Cotntnission passed and adopted Resolution No. 21-17 at the
Regular Commission Meeting of Match 30, 2017.
If we can be of any assistance to you, please call the office 8:00 a.m. - 5:00 p.m., Monday
through Friday at (561) 243-7051.
Warmest Regards,
�tttly
Wy
Acting City Clerk
Attachment
SERVICE ` PERFORMANCE ° INTEGRITY - RESPONSIBLE - INNOVATIVE ® TEAMWORK
nue
City of Delray Beach 100 N.W. h, FL 34
Delray Beach, FL 33444
Legislation Text
File #: 17-284, Version: 1
TO: Mayor and Commissioners
FROM: R. Max Lohman, City Attorney
DATE: March 30, 2017
RESOLUTION NO. 22-17
Recommended Action:
Motion to Approve Resolution No. 22-17 authorizing the City to participate in the Lake Okeechobee
Regional Compact.
Background:
The Lake Okeechobee Regional Compact is a joint effort of municipalities and counties to work
together to create, support, and advance a comprehensive plan addressing environmental and
economic challenges associated with discharges from Lake Okeechobee. The resolution authorizes
the City to participate in the compact, to collaborate with every party to the compact in developing a
joint policy position and Regional Action Plan addressing complex regional water management
issues, and to commit to participating in an annual regional summit to further the goals of the
compact.
City of Delray Beach Page 1 of 1 Printed on 411 112 01 7
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CS/HB 17
A bill to be entitled
An act relating to local regulation preemption;
creating s. 163.20, F.S.; providing definitions;
prohibiting certain local governments from imposing or
adopting certain regulations on businesses,
professions, and occupations after a certain date;
preempting the regulation of businesses, professions,
and occupations to the state; providing exceptions to
such preemption; providing an effective date.
Be It Enacted by the Legislature of the State of Florida:
read:
2017
Section 1. Section 163.20, Florida Statutes, is created to
163.20 Regulation of businesses, rofessions, and
occu ations reempted to the state.—
(1) DEFINITIONS.®As used in this section:
(a) "Local government" means a county, munici slat ,
s ecial district, school district, or, olitica1 subdivision of
the state
(b) "Regulation" means a rule or regulation, license,
Brit, or re uireent, along with any associated ,fee.
(2) LOCAL GOVERNMENT EGULATION.®On or after July 1, 2017,
a local government may not adopt or impose a new regulation on a
business, profession, or occupation unless the regulation is
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M0017 -01-c1
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CS/HB 17
2017
expressly authorized by general law.
-(3) PREEMPTION OF REGULATION TO THE STATE.-Notwithstandin
any law to the contrary, this section expE21.sl preempts
regulation of businesses, , and occupations to the
state and .suersedes any 'oval vernment regulation of
p .. g o..............
businesses, Professions, and occLlations with the exception of
the following:
-(a) A regulation. ado ted rior to Jul 1, 2017, without
eneral law authorit . Any such regulation exDires on Jul 1,
2020.
-(b) A regulation tx2'ressly authorized bLqeneral law.
-(4) EXISTING REGULATION LIMIT. -A local government with a
local regulation concernin a business, profession, or
occu ation that is retained ursuant to aph (3)(a) may not
impose additional regulations on that business, profession, or
occupation or modifysuh re ulation except to repeal or reduce
�
the regulation®
-(5) REGULATIONS NOT AUTHORIZED.—Any local regulation of a
business, profession, or occa2ation that is not authorized under
this section or expressly authorized by general law does not
a 1 and ma not be enforced.
Section 2. This act shall take effect July 1, 2017.,
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