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HomeMy Public PortalAbout20-9740 Opposing House Bill 9740Sponsored by: City Commission RESOLUTION NO. 20-9740 A RESOLUTION OF THE CITY COMMISSION OF OPA-LOCKA, FLORIDA, OPPOSING HOUSE BILL 1209 AND SENATE BILL 1522 WHICH WOULD MAKE IT EASIER TO DISSOLVE VULNERABLE MUNICIPALITIES IN SPITE OF MEANINGFUL ATTEMPTS MADE TO ADDRESS FINANCIAL MATTERS AND OTHER MUNICIPAL CONCERNS TO ACHIEVE COMPLIANCE; PROVIDING FOR DISTRIBUTION OF THIS RESOLUTION, AN EFFECTIVE DATE; AND PROVIDING FOR ADOPTION. WHEREAS, HB 1209 (Sponsor Rep. Fischer) and SB 1522 (Sponsor Sen. Broxson) ("the Bills") are currently matriculating through the Florida House of Representatives and the Florida Senate with the purpose and of goal of more easily dissolving municipalities after a referendum is held if specified conditions are met; and WHEREAS, HB 1209 and SB 1522 seek to amend Section 165.051, Florida Statutes, and provide that the Charter of any existing municipality may be revoked and a municipal corporation can be dissolved by either: (a) a special act of the Legislature; or (b) an ordinance of the governing body of the municipality, approved by a vote of the qualified voters; or (c) approval of a vote of a majority of the qualified electors voting in a referendum to dissolve the municipality that must be held if the municipality has been in a state of financial emergency for 2 or more years and financial emergency board has been established in response to a financial emergency and the municipality has failed to comply with the terms included in any signed agreement with the Governor's Office as part of the financial emergency; and WHEREAS, failure to comply with the terms of any signed agreement includes failing to submit a recovery plan, the required budget documents and amendments, and invoices that support requested expenditures; and WHEREAS, the triggers to dissolve a municipality are broad in scope and further include consideration of whether a municipality has submitted its annual financial report required by s. 218.32, Florida Statues and the annual financial audit report required by s. 218.39, Florida Statutes more than 3 months late for 2 or more consecutive years or whether a grand jury or an Auditor General audit report was issued within the past three years and contains a significant number of findings and the municipality has failed to resolve five or more within twelve months after issuance of a report; and WHEREAS, if any of these criteria are met, the governing body of the municipality (or the governing body of the county in which the municipality is located, if the governing body of the municipality fails to act) has 30 days to set the date of a Resolution No. 20-9740 referendum to dissolve the municipality. The referendum must be held at the next regularly scheduled general election. The municipality is required to provide notice at least once each week for two consecutive weeks prior to the election in a newspaper of general circulation in the municipality; and WHEREAS, currently, a municipality may be dissolved, among other things, if the municipality is not "substantially surrounded" by other municipalities; if the county or another municipality is demonstrably able to provide necessary services in the area of the former municipality; and if equitable arrangement has been made concerning any bonded indebtedness and vested rights of employees of the municipality to be dissolved; and WHEREAS, Under its constitutional home rule charter, only Miami -Dade County may abolish municipalities within the county and the Legislature may not do so by special act; and WHEREAS, HB 1209 and SB 1522 do not address what should take place when a municipality works diligently towards compliance by first changing its elected body, its charter officers, hires competent key staff personnel and is works and quickly towards substantial and total compliance or when there is an emergency situation that makes the presentation of certain reports to the state impossible; and WHEREAS, HB 1209 and SB 1522 have the potential to harm all municipalities, but especially small and financially vulnerable municipalities that may have aging infrastructure and other problems or a longstanding nature; and WHEREAS, the Bills do not address the impact for other municipalities in close proximity to the dissolved municipality or the responsibilities that Counties will have for the newly unincorporated areas or the costs to be borne by other taxpayers within the County of the dissolved municipality; and WHEREAS, ironically, while an effort is underway to make it easier to dissolve cities and revoke a municipal Charter through HB 1209 and SB 1522, a different bill has passed in the Florida House that would impose new restrictions on the signature - gathering process related to putting initiatives on the ballot for State constitutional amendments -- specifically by limiting the amount of time that petition signatures will be valid; prohibiting signatures from being used in a subsequent election and raising the cost of having the petition signatures validated by the local supervisors of elections and increasing the number of signatures needed before the state Supreme Court can review the measure in terms of the accuracy of the ballot language; and WHEREAS, although promoted as assisting home rule, HB 1209 and SB 1522 will cause instability for municipalities with threats of looming ballot measures; allow for political targeting of certain cities with findings that may be exaggerated, subjective and difficult and expensive for the municipality to defend; and Resolution No. 20-9740 WHEREAS, HB 1209 and SB 1522 are inconsistent with the concept of home rule in that each municipality should be able to correct insufficiencies and propel itself to economic and financial sufficiency when substantial good faith attempts have already been made all while working together with the appropriate local and state oversight authorities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF OPA-LOCKA that: SECTION 1. The City of Opa-Locka opposes proposed bills HB1209 and SB 1522 which would make it easier to dissolve vunerable municipalities in spite of meaningful attempts made to address financial matters and other municipal concerns to achieve compliance. SECTION 2. The City of Opa-Locka City Clerk is directed to forward copies of this Resolution to the Miami -Dade County Legislative Delegation, Senate Community Affairs Committee, Senate Appropriations Committee; Senate Ethics and Elections Committee; Senate Rules Committee; to the Speaker of the House; President of the Senate; to the Florida League of Cities; and the Miami -Dade County Board of County Commissioners. SECTION 3. This Resolution shall become effective immediately upon its adoption. PASSED and ADOPTED this 11th day of March, 2020. ATTEST: a Flores, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Burnadette o ' s-We City Attorney ks, P.A. Matthew A. Pigatt, Mayor Resolution No. 20-9740 Moved by: COMMISSIONER KELLEY Seconded by: COMMISSIONER BURKE VOTE: 4-0 Commissioner Bass ABSENT Commissioner Burke YES Commissioner Kelley YES Vice -Mayor Davis YES Mayor Pigatt YES RECEIVED CITY OF OPA-LOCKA ' OFFICE OF THE CITY CLERK City of Opa-Locka. . . Agenda Cover 1491141AR -9 Ail 9i 09 Department Director: Department Director Signature: City Manager: John E. Pate CM Signature: 00- Commission . Meeting Date: 03.11.2020 Item Type: (EnterX in box) Resolution finance Other % Fiscal Impact: (EnterX in box) Yes No Ordinance Reading: (EnterX in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No X x Funding Source: Account# : (Enter Fund & Dept) Ex: Advertising Requirement: (EnterX in box) Yes No X Contract/P.O. Required: (EnterX in box) Yes No RFP/RFQ/Bid#: x Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Area: Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image Communication • • • MI Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address) X Sponsor Name Comm Kelley ssioner Department: City Manager Short Title: A resolution opposing house bill 1209 and senate bill 1522 which would make it easier to dissolve velnerable municipalities in spite of meaningful attempts made to address financial matters and other municipal concerns to achieve compliance. Staff Summary: Staff opposes the proposed bills because it would make it easier to dissolve municipalities who are trying to address financial matters and become compliant. The proposed bills are not favorable to the City of Opa-locka, therefore the City would like to oppose the bills and forward our opposition to the necessary dignitaries. Proposed Action: Attachment: FLORIDA HOUSE OF REPRESENTATIVES CS/CS/HB 1209 2020 1 A bill to be entitled 2 An act relating to dissolution of municipalities; 3 amending s. 165.051, F.S.; requiring the dissolution 4 of a municipality after a referendum is held if 5 specified conditions are met; providing the procedures 6 for setting the date for a referendum to dissolve a 7 municipality; providing notice requirements; providing 8 an effective date. 9 10 Be It Enacted by the Legislature of the State of Florida: 11 12 Section 1. Section 165.051, Florida Statutes, is amended 13 to read: 14 165.051 Dissolution procedures.- 15 (1) The charter of any existing municipality may be 16 revoked and the municipal corporation dissolved by cithcr: 17 (a) A special act of the Legislature; e-r 18 (b) An ordinance of the governing body of the 19 municipality, approved by a vote of the qualified voters; or 20 (c) Approval of a vote of a majority of the qualified 21 electors voting in a referendum to dissolve the municipality 22 that must be held if one or more of the -following criteria 23 applies: 24 1. The municipality was determined to be in a state of 25 financial emergency after June 17, 2004, and has been in a state Page 1 of 3 CODING: Words shaken are deletions; words underlined are additions. hb1209-02-c2 FLORIDA HOUSE OF REPRESENTATIVES CS/CS/HB 1209 2020 26 of financial emergency for 2 or more years. 27 2. A financial emergency board has been established in 28 response to a financial emergency and the municipality has 29 failed to comply with the terms included in any signed agreement 30 with the Governor's office as part of the financial emergency. 31 Failure to comply with the terms of any signed agreement 32 includes failing to submit a recovery plan, the required budget 33 documents and amendments, and invoices that support requested 34 expenditures. 35 3. The municipality has submitted its annual financial 36 report required by s. 218.32, and the annual financial audit 37 report required by s. 218.39, more than 3 months late for 2 or 38 more consecutive years. 39 4. A grand jury or an Auditor General audit report was 40 issued within the past 3 years that contains a significant 41 number of findings and the municipality has failed to resolve 42 five or more of those findings within 12 months after issuance 43 of the report. 44 (2)(a) If a vote of the qualified voters is required 45 pursuant to paragraph (1)(b), the governing body of the 46 municipality or, if the municipal governing body does not act 47 within 30 days, the governing body of the county or counties in 48 which the municipality is located, shall set the date of the 49 election, which shall be the next regularly scheduled election 50 or a special election held prior to such election, if approved Page 2 of 3 CODING: Words stricken are deletions; words underlined are additions. hb1209-02-c2 FLORIDA HOUSE OF REPRESENTATIVES 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 CS/CSIHB 1209 2020 by a majority of the members of the governing body of each governmental unit affected, but no sooner than 30 days after passage of the ordinance. Notice of the election shall be published at least once each week for 2 consecutive weeks prior to the election in a newspaper of general circulation in the municipality. (b) Within 30 days after one or more of the criteria contained in subparagraphs-(1)(c)1.-4., is met, the governing body of the municipality or, if the municipal governing body does not act, the governing body of the county or counties in which the municipality is located, shall set the date of the referendum to dissolve the municipality, which shall be the next regularly scheduled general election. Notice of the election shall be published at least once each week for 2 consecutive weeks prior to the election in a newspaper of general circulation in the municipality. Section 2. This act shall take effect July 1, 2020. Page 3 of 3 CODING: Words strickenare deletions; words underlined are additions. hb1209-02-c2 Florida Senate - 2020 SB 1522 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 By Senator Broxson 1-01626-20 20201522 A bill to be entitled An act relating to dissolution of municipalities; amending s. 165.051, F.S.; requiring the dissolution of a municipality after a referendum is held if specified conditions are met; providing the procedures for setting the date for a referendum to dissolve a municipality; providing notice requirements; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Section 165.051, Florida Statutes, is amended to read: 165.051 Dissolution procedures.— (1) The charter of any existing municipality may be revoked and the municipal corporation dissolved by cithcr: (a) A special act of the Legislature; e (b) An ordinance of the governing body of the municipality, approved by a vote of the qualified voters; or (c) Approval of a vote of a majority of the qualified voters voting in a referendum to dissolve the municipality which must be held if one or more of the following criteria applies: 1. The municipality has been in a state of financial emergency for 2 or more years. 2. A financial emergency board has been established in response to a financial emergency, and the municipality has failed to comply with the terms included in any signed agreement with the Governor's office as part of the financial emergency. Failure to comply with the terms of any signed agreement Page 1 of 3 CODING: Words strickcn are deletions; words underlined are additions. Florida Senate - 2020 SB 1522 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 1-01626-20 20201522 includes failing to submit a recovery plan, the required budget documents and amendments, and invoices that support requested expenditures. 3. The municipality has submitted its annual financial report required by s. 218.32, and the annual financial audit report required by s. 218.39, significantly late for 2 or more consecutive years. 4. A grand jury or an Auditor General audit report was issued within the past 3 years which identifies significant problems with the municipality. (2)(a) If a vote of the qualified voters is required pursuant to paragraph (1)(b), the governing body of the municipality or, if the municipal governing body does not act within 30 days, the governing body of the county or counties in which the municipality is located, shall set the date of the election, which shall be the next regularly scheduled election or a special election held prior to such election, if approved by a majority of the members of the governing body of each governmental unit affected, but no sooner than 30 days after passage of the ordinance. Notice of the election shall be published at least once each week for 2 consecutive weeks prior to the election in a newspaper of general circulation in the municipality. (b) Within 30 days after one or more of the criteria contained in subparagraphs (1)(c)1.-4., are met, the governing body of the municipality or, if the municipal governing body does not act, the governing body of the county or counties in which the municipality is located shall set the date of the referendum to dissolve the municipality, which shall be the next Page 2 of 3 CODING: Words strickcn are deletions; words underlined are additions. Florida Senate - 2020 SB 1522 59 60 61 62 63 64 1-01626-20 20201522 regularly scheduled election or a special election held prior to such election. Notice of the election shall be published at least once each week for 2 consecutive weeks prior to the election in a newspaper of general circulation in the municipality. Section 2. This act shall take effect July 1, 2020. Page 3 of 3 CODING: Words strickcn are deletions; words underlined are additions.