Res 16-89 RESOLUTION NO. 16-89
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, REQUESTING THAT THE LEGISLATURE OF THE
STATE OF FLORIDA PASS LAWS PROVIDING SOURCES OF FUNDING
FOR THE RECENT AMENDMENTS TO CHAPTER 121, FLORIDA
STATUTES AND FOR THE IMPLEMENTATION OF CHAPTER 163,
FLORIDA STATUTES, AND TO PURSUE OUR AMENDMENT TO THE
CONSTITUTION OF THE STATE OF FLORIDA THAT REQUIRES THAT
ANY FUTURE LEGISLATION MANDATING ACTION BY A UNIT OF
LOCAL GOVERNMENT, WHEN SUCH ACTION PLACES A FINANCIAL
BURDEN ON THE UNIT OF LOCAL GOVERNMENT, WILL PROVIDE A
SOURCE OF FUNDING SUFFICIENT TO COVER THE COSTS OF SUCH
ACTION WITHOUT THE REQUIREMENT FOR A REFERENDUM BY THE
UNIT OF LOCAL GOVERNMENT.
WHEREAS, Chapter 11 (Section 11.076(1)), Florida Statutes
requires that "Any general law, enacted by the Legislature after July 1,
1978, which requires a municipality or county to perform an activity or
to provide a service or facility which activity, service, or facility
will require the' expenditure of additional funds, must include 'an
economic impact statement, as defined in s. 11.075, estimating the
amount sufficient to cover the total cost to municipalities and counties
to implement such activity, service, or facility and must provide a
means to finance such activity, service, or facility;" and,
WHEREAS, the Florida Legislature has passed amendments to
Chapter 121, Florida Statutes mandating higher retirement benefits for
special risk members of the Florida Retirement System without having
complied with the requirement of Section 11.076, Florida Statutes; and,
WHEREAS, the Florida Legislature has passed the Local
Government Comprehensive Planning and Land Development Regulation Act
(Chapter 163, Florida Statutes) without having complied with the
requirements of Section 11.076, Florida Statutes; and,
WHEREAS, the Florida Legislature has passed many other laws in
recent years mandating actions on the local governmental units of
Florida without having complied with the requirements of Section 11.076,
Florida Statutes,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray
Beach, Florida, requests that the Florida Legislature pass a law that
provides a source of funding for the amendments to Chapter 121, Florida
Statutes.
Section 2. That the City Commission of the City of Delray
Beach, Florida, requests the Florida Legislature to pass a law that
provides a source of funding for the implementation of Chapter 163,
Florida Statutes.
Section 3. That the City Commission of the City of Delray
Beach, Florida, requests the Florida Legislature to pursue an amendment
to the Constitution of the State of Florida requiring that any future
legislation mandating actions upon units of local government, wherein
such actions create a financial burden on such units of local
government, provides a source of funding sufficient to cover the costs
of such actions.
Section 4. That the sources of funding referred to in Sections
1, 2 and 3 above should be without the requirement for a referendum by
the units of local government.
Section 5. That copies of this resolution be sent to the
Governor of the State of Florida, the President of the Florida Senate,
the Speaker of the Florida House of Representatives, and to each member
of Delray Beach's local legislative delegation.
PASSED AND ADOPTED in regular session on this the 28th day of
March, 1989.
MAYOR
ATTEST:
City Clerk
-2- Res. No. 16-89