HomeMy WebLinkAboutCity of Tamarac Resolution R-2008-145Temp. Reso. 11493
Page 1 of 5
September 26, 2008
RESOLUTION NO. R2008 _ IY5-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, RELATING TO UNFUNDED STATE
MANDATES; URGING THE UTILIZATION OF ANY MEANS
NECESSARY TO REQUIRE THE FLORIDA LEGISLATURE TO
ELIMINATE UNFUNDED STATE MANDATES ON LOCAL
GOVERNMENTS; URGING THE FLORIDA LEAGUE OF CITIES
TO CONSIDER THE SPONSORSHIP OF AN INITIATIVE
PETITION, TO AMEND ARTICLE VII, SECTION 18(a) OF THE
FLORIDA CONSTITUTION TO ELIMINATE THE CLAUSE
ALLOWING FOR UNFUNDED MANDATES BY A TWO-THIRDS
MAJORITY, AND TO POTENTIALLY AMEND OTHER CLAUSES
OF SAID SUBSECTION; DIRECTING THE CITY CLERK TO
TRANSMIT A COPY OF THIS RESOLUTION TO THE
GOVERNOR OF THE STATE OF FLORIDA, MEMBERS OF THE
FLORIDA LEGISLATURE, THE FLORIDA LEAGUE OF CITIES,
BROWARD LEAGUE OF CITIES, THE BROWARD COUNTY
BOARD OF COUNTY COMMISSIONERS, AND ALL
MUNICIPALITIES LOCATED WITHIN BROWARD COUNTY;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE.
WHEREAS, the Florida legislature regularly adopts legislation that
imposes mandates on local governments without providing for funding or
adequate funding sources for implementation of such mandates; and
WHEREAS, in 1989, the state's municipalities, in conjunction with the
Florida league of Cities, were in the process of circulating an initiative petition
Page 1 of 5
Temp. Reso. 11493
Page 2 of 5
September 26, 2008
that would place a prohibition or restriction against unfunded mandates on the
Constitutional ballot; and
WHEREAS, the State Legislature, in order to head off the initiative
petition, placed its own unfunded mandate restriction on the ballot (commonly
referred to as Amendment 3) and, upon passage, such amendment became
Article VII, Section 18 of the Florida Constitution; and
WHEREAS, that provision still allows for unfunded mandates if adopted
by a two-thirds vote of the membership of both Houses of the Florida
Legislature and contains numerous exceptions to the restrictions contained in
the provision; and
WHEREAS, the two-thirds voting requirement has proved to be a
loophole in that the Legislature routinely adopts unfunded mandates by a
greater than two-thirds majority of both Houses; and
WHEREAS, since the adoption of Amendment 3 in 1990, there have
been hundreds of unfunded mandates imposed by the Legislature on local
governments at costs of hundreds of millions of dollars; and
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 to urge the Florida
Page 2 of 5
Temp. Reso. 11493
Page 3 of 5
September 26, 2008
Legislature, the Florida League of Cities, as well as any other interested entity
to utilize any means necessary to eliminate unfunded mandates on local
governments.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF TAMARAC, FLORIDA AS FOLLOWS:
Section 1. The foregoing "WHEREAS" clauses are confirmed and
ratified as being true and correct and are hereby incorporated herein.
Section 2. The City Commission of the City of Tamarac hereby urges
the Florida Legislature to restrict or eliminate its policies of adopting legislation or
practices imposing unfunded mandates upon the municipalities of the State of
Florida.
Section 3. The City Commission hereby further urges the Florida
League of Cities to consider initiating the process to begin processing the
documentation and petitions necessary for an initiative petition drive to amend
Article VII, Section 18 of the Florida Constitution to eliminate the clause which
allows unfunded mandates from the Legislature upon a two-thirds vote of the
membership of each House and to amend such other provisions of said section
as will restrict of eliminate all unfunded state mandates.
Page 3 of 5
Temp. Reso. 11493
Page 4 of 5
September 26, 2008
Section 4. The City Commission hereby directs the City Clerk to
transmit a copy of this resolution to the Governor of the State of Florida,
members of the Florida Legislature, the Florida League of Cities, the Broward
League of Cities, the Broward County Board of County Commissioners, and all
municipalities located within Broward County.
Section 5. All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
Section 6. 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 7. This Resolution shall become effective immediately upon its
passage and adoption.
PASSED AND ADOPTED BY THE CITY COMMJS§I N OF THE CITY OF
TAMARAC, FLORIDA THIS --_JLL DAY OF , 2008.
CITY OF TAMARAC, FLORIDA
Page 4 of 5
1
ATTEST:
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that I
Have approved this
RE LUTION as to form.
CI ATTORNEY
Temp. Reso. 11493
Page 5of5
September 26, 2008
,w/Mwa
• * •-
B. TALABISCO
E. PORTNER
M. SULTANOF
P. ATKINS-GRAD
H. DRESSLER
Page 5 of 5
mom---'