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:
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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.
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10 Be It Enacted by the Legislature of the State of Florida:
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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
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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
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hb1209-02-c2
FLORIDA HOUSE OF REPRESENTATIVES
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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.
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hb1209-02-c2
Florida Senate - 2020 SB 1522
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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
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Florida Senate - 2020 SB 1522
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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
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Florida Senate - 2020 SB 1522
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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.
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