HomeMy WebLinkAboutCity of Tamarac Resolution R-2017-0251
Temp. Reso. #12918
March 6, 2017
Page 1 of 4
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2017 - �-
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA, OPPOSING
THE PROPOSED HB 17 THAT WOULD
SEVERELY NEGATIVELY IMPACT THE CITY'S
HOME RULE AUTHORITY BY PREEMPTING THE
REGULATION OF BUSINESSES, PROFESSIONS
AND OCCUPATIONS TO THE STATE UNLESS
EXPRESSLY AUTHORIZED BY GENERAL LAW
THUS IMPAIRING THE CITY'S ABILITY TO
PROTECT THE HEALTH, SAFETY, WELFARE
AND PROPERTY RIGHTS OF CITY RESIDENTS
AND BUSINESSES; DIRECTING THE CITY
CLERK TO TRANSMIT THE COPY OF THIS
RESOLUTION TO THE APPROPRIATE PARTIES;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City's constitutional home rule authority for regulating
businesses, professions and occupations is vital to ensuring Tamarac's ability to
effectively respond to the specific needs of local residential and business
communities; and
WHEREAS, Section 166.221, F.S., authorizes municipalities to levy
reasonable business, professional, and occupational regulatory fees,
commensurate with the cost of the regulatory activity, including consumer
protection, on such classes of businesses, professions, and occupations, the
regulation of which has not been preempted by the state or a county pursuant to
a county charter; and
Temp. Reso. #12918
March 6, 2017
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WHEREAS, the proposed HB 17 would preempt the regulation of
businesses, professions, and occupations to the state and prohibit local
government from adopting or imposing any new regulations on a business,
profession or occupation unless expressly authorized by general law on or after
July 1, 2017; and
WHEREAS, the proposed HB 17 would also prohibit amendments to local
regulations adopted prior to July 1, 2017 other than amendments to repeal or
reduce regulations and would repeal all local business regulations that were not
expressly authorized by general law on July 1, 2020; and
WHEREAS, the proposed HB 17 would severely negatively impact the
City's ability to exercise its home rule authority to protect the health, safety,
welfare and property rights of City residents and businesses; and
WHEREAS, the proposed HB 17 may negatively impact the City's ability
to recover the cost of business, profession and occupation regulation, licensing
and permitting services provided to protect the health, safety, welfare and
property rights of City residents and businesses; and
WHEREAS, the Assistant City Manager recommends adopting the
Resolution to express the City's opposition to the proposed HB 17 and directing
the City Clerk to send a copy of this Resolution to the Governor, the President of
the Florida Senate, the Speaker of the Florida House of Representatives, the
Broward Legislative Delegation, the Florida League of Cities, the Broward County
League of Cities, the Broward County Board of County Commissioners and
municipalities within Broward County; and
J
Temp. Reso. #12918
March 6, 2017
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WHEREAS, the City Commission of the City of Tamarac, deems it to be in
the best interests of the citizens and residents of the City of Tamarac to oppose
the proposed HB 17 that would severely negatively impact the City's home rule
authority and ability to protect the health, safety, welfare and property rights of
City residents and businesses.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA THAT:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
Resolution. All exhibits attached hereto are incorporated herein and made a
specific part of this Resolution.
SECTION 2: The City hereby opposes the proposed HB 17 that would
severely negatively impact the City's home rule authority by preempting the
regulation of businesses, professions and occupations to the state unless
expressly authorized by general law thus impairing the City's ability to protect the
health, safety, welfare and property rights of City residents and businesses.
SECTION 3: The City Clerk is hereby directed to transmit a copy of this
Resolution to the Governor, the President of the Florida Senate, the Speaker of
the Florida House of Representatives, the Broward Legislative Delegation, the
Florida League of Cities, the Broward County League of Cities, the Broward
County Board of County Commissioners and municipalities within Broward
County.
Temp. Reso. #12918
March 6, 2017
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SECTION 4- All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 5: If any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or
invalid, in part or application, it shall not affect the validity of the remaining
portions or applications of this Resolution.
SECTION 6: This Resolution shall become effective immediately upon
adoption.
PASSED, ADOPTED AND APPROVED this day of 2017.
, 2017.
H A R DRESSLER,
MAYOR
ATTEST:
P TRICIA TEUFEL M
CITY CLERK
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER
DIST 1: COMM. BOLTON Y, . o
DIST 2: COMM. GOMEZ
DIST 3: COMM. FISHMAN
DIST 4: VICE MAYOR PLACKO
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
MUEL S. G N
CITY ATTORNEY