Res 16-78 RESOLUTION NO. 16-78
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ENDORSING SENATE BILL 231
REQUIRING THE FLORIDA STATE LEGISLATURE TO INCLUDE
A FUNDING MECHANISM WITH ANY STATE LEGISLATION
DIRECTING MUNICIPALITIES TO ADMINISTER PROGRAMS
AND SERVICES THAT WOULD IMPOSE A BURDEN ON THEIR
BUDGETS.
WHEREAS, each year the state legislature mandates programs
that require local governments to either participate in new govern-
mental programs or increase their participation in already existing
programs; and,
WHEREAS, state mandated programs force local governments
to incur added costs which fiscally strain local sources of revenue
which are often not flexible enough to absorb the burden; and,
WHEREAS, state mandated programs, by substituting state
priorities for local priorities, violate the spirit and intent of
the home rule philosophy embodied in the Constitution and laws of
the State of Florida,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Council of Delray Beach, Florida,
supports and goes on record as endorsing the proposed law, presently
identified as Senate Bill 231, in the Florida State Legislature, a
copy of which is attached hereto and made a part hereof of this
Resolution.
Section 2. That a copy of this resolution shall be forwarded
to Senator Jim Glisson.
PASSED AND ADOPTED in regular session on this 27~ day
of February , 1978.
ATTEST:
City Clerk
~ A bill to be entitled
2 /u~ act relating to the financing of new local
3 government duties; providing that any l~w
,4 requiring municipalities or counties to
5 administer any program or provide any service
6 or facility include a method of financing' such
7 program or service; providing an exception to
8 certain legislation; providing an effective
9 date.
]0
]1 WHEP~AS, Article VIII of the'Constitution of this state
12 grants to local government's broad home rule powers of local
]3 self-government, and
14 WHEREAS, the viability of local government is dependent
]5 on a fiscally responsible state government, and
]6 WHEREAS, each year the legislature mandates programs
17 that require local governments to either participate i~ new
1~ governmental programs or increase their participation in
]9 already existing progr~.ms, and
20 WHEREAS, state mandated programs force local governments
2] to incur added costs which fiscally strain local sources of
22 revenue which are often not flexible enough to absorb the
2.3 burden, and.
24 WHEREAS, state manda, ted programs, by substituting state
25 pricrities for local priorities, violate the spirit and intent
2~ of the home rule philosophy embodied in the Constitution and
27 laws of the State of Florida, NOW, THEREFORE,
2~
29 Be It Enacted by the Legislature of the State of Florida:
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] Section I. Any law enacted by the'.legislature after
2 July 1, 1978, which requires a municipality or county to per-
3 form an activity or provide a service or facility which will
~ require the expenditure of additional f%u~ds must provide a
$ means to finance the activity, service or. facility. The means
6 of financing such activity, service or facility may be through
} remission of additional funds of the state 'to said municipality
8 or county, ·through specific authority granted the municipality
9 or county to levy a special max therefor, or as otherwise pro-
~0 vided by such law. if financing is provided by remission of
~ additional funds by the state, or as otherwise provided by such
]2 law, such remission or. other method of financing shall bear a
]3 reasonable relationship to the actual costs of performing the
~ activity or providing the service or facility, and sh~ll not
]~ reduce',' supplant or adversely affect other state revenues
]6 shared with or granted to municipalities or counties. The
]? municipality or county may refuse to comply with, administer,
]8 or enforce any law which does not comply with the requirements
]9 of 'this section. No subsequent legislation shall be deemed to
20 supersede or .modify any provision of this act, whether by impli-
~] cation or otherwise, except to the extent that .such legislation
22 shall do so expressly; reasons for legislative noncompliance
~3 with this section shall be stated with particularity.
2~ Section 2. This act shall not apply to any law under
25 which the required expenditure of additional local funds is
]& incidental to the main purpose of the law.
~7 Section 3. This act shall take effect .upon becoming a
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