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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 Page 2 of 4 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 Page 3 of 4 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 Page 4of4 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