HomeMy WebLinkAboutR-17-09 Urging State Legislature to Reject CS-HB 17RESOLUTION NO. R- 17-09
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, URGING THE STATE LEGISLATURE TO
REJECT CS/HB 17 ON THE GROUNDS THAT IT IS CONTRARY TO
HOME RULE, PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the people of Florida granted their municipalities expansive home rule
power by the inclusion in the 1968 revision to the Florida Constitution the following language:
Article VIII, Section 2, Florida Constitution:
(b) POWERS. Municipalities shall have governmental, corporate and
proprietary powers to enable them to conduct municipal government,
perform municipal functions and render municipal services, and may
exercise any power for municipal purposes except as otherwise
provided by law. Each municipal legislative body shall be elective, and
WHEREAS, the State Legislature implemented the 1968 Constitution by enacting the
Municipal Home Rule Powers Act, Chapter 166, Fla. Stats., and providing in Section 166.021:
(1) As provided in s.2(b), Art. VIII of the State Constitution,
municipalities shall have the governmental, corporate, and proprietary
powers to enable them to conduct municipal government, perform
municipal functions, and render municipal services, and may exercise
any power for municipal purposes, except when expressly prohibited
by law, and
WHEREAS, without referencing either the Constitution or the Municipal Home Rule
Powers Act, a proposal has been introduced in the House of Representatives — CS/HB 17 that,
if it becomes law, would significantly abolish home rule in Florida, and
WHEREAS, local governments are in session all year, and provide convenient citizen
access on a continuous basis, and
WHEREAS, local governments operate in the sunshine provided by Florida's open
government laws, and
WHEREAS, local governments specifically act within their own unique demographics,
natural and man-made environment, and access to their specific assets and challenges,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, as follows:
SECTION 1. The City of Sebastian urges the state legislature to reaffirm the principles
of Home Rule and reject CS/HB 17.
SECTION 2. The City Clerk shall forward copies of this resolution to the Indian River
County, legislative delegation and to the Florida League of Cities.
SECTION 3. CONFLICT. All resolutions or parts of resolutions in conflict herewith are
hereby repealed.
SECTION 4. EFFECTIVE DATE. This Resolution shall take effect upon its adoption.
The foregoing Resolution was passed for adoption by Council Member
McPartlan , was seconded by Council Member Hill and upon being put
to a vote, the vote was as follows:
Mayor Bob McPartlan
aye
Vice Mayor Andrea Coy
aye
Councilmember Jim Hill
aye
Councilmember Ed Dodd
aye
Councilmember Linda Kinchen
aye
The Mayor thereupon declared this Resolution duly passed and adopted this 8th day of
March 2017.
n
CITY OASTIAN, FLORIDA
Mayor
AEST:
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J vette �iVilliams; MMC
City Clerk
Approved as -to- Farm and Content for
Rel' ce by the City of Sebastian Only:
Robert A. Ginsburg, City Attorney