HomeMy WebLinkAboutR-19-08 Opposing Preemption & Unfunded MandatesRESOLUTION NO. R-2019-08
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, URGING MEMBERS OF THE FLORIDA LEGISLATURE TO
REJECT ANY ATTEMPT TO USURP THE LOCAL CONTROL OF
MUNICIPAL AND COUNTY GOVERNMENTS AND TO REJECT ANY
IMPOSITION OF UNFUNDED MANDATES, DURING THE 2019
LEGISLATIVE SESSION; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
DELIVERY TO THE INDIAN RIVER COUNTY LEGISLATIVE DELEGATION
AND THE FLORIDA LEAGUE OF CITIES; 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, Florida Statutes, 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, numerous proposals have been introduced in the House of Representatives and
the Florida Senate which provide either expressly or impliedly for the preemption of local
regulations in vital areas of governance, and
WHEREAS, other Bills introduced impose mandates upon local governments without
providing a funding or a revenue source for the implementation or maintenance of such
mandates, thus imposing a burden upon the taxpayers of the municipalities and counties
impacted; 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, and
WHEREAS, local governments establish a balanced budget annually and assess the
minimum tax rate or lawful assessments necessary to accomplish the mission of local
government; and
WHEREAS, Any unfunded mandate exerts an unanticipated strain on the budget of a
local government, which then has a negative impact on other public services which must be
reduced including, potentially, public safety services.
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 any attempt to preempt local regulations.
SECTION 2. The City of Sebastian urges the state legislature to reject any legislation
which contains an unfunded mandate upon local government.
SECTION 3. The City Clerk shall forward copies of this Resolution to the Indian River
County legislative delegation and to the Florida League of Cities.
SECTION 4. CONFLICT. All resolutions or parts of resolutions in conflict herewith are
hereby repealed.
SECTION 6. EFFECTIVE DATE. This Resolution shall take effect upon its adoption.
The foregoing Resolution was moved for adoption by Council Member nrn_ +icy
The motion was seconded by Council Member rraa and, upon being put into a
vote, the vote was as follows:
Mayor Jim Hill aye
Vice Mayor Linda Kinchen ave
Council Member Bob McPartlan -'IyQ
Council Member Ed Dodd aye
Council Member Al lovino aye
The Mayor thereupon declared this Resolution duly passed and adopted this 13th day
of mmch , 2019.
CITY OF SEBA IAN, FLORIDA
By:
Mayor r H11 = _
ATTEST: ���
4tA&I
anette Williams, MMC
City Clerk
Approved as to form and legality for
relia he City of Sebastian only:
Jame, tokes, City Attorney