HomeMy Public PortalAbout2017-15 Opposing House Bill 17 (HB17)RESOLUTION NO. 2017-15
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, OPPOSING
HOUSE BILL 17 (HB17) AND URGING THE FLORIDA
LEGISLATURE NOT TO ADOPT HB17 OR SIMILAR
LEGISLATION; INCLUDING OPPOSITION OF HB 17 AS
PART OF THE VILLAGE'S LEGISLATIVE AGENDA;
PROVIDING FOR TRANSMITTAL; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, House Bill 17 ("HB 17") was filed for consideration during the Florida
Legislature's 2017 Session by Representative Randy Fine (R - Palm Bay), and is cosponsored by
Representative Paul Renner (R - Palm Coast); and
WHEREAS, on February 22, 2017, the Careers & Competition Subcommittee of the House
Commerce Committee voted favorably on a similar Committee Substitute Bill ("CS/HB 17"); and
WHEREAS, CS/HB 17 would expressly preempt the local regulation of businesses,
professions, and occupations to the State•of Florida by prohibiting local governments from imposing
or adopting certain rules, regulations, licenses, permits, or requirements, and any associated fees; and
WHEREAS, CS/HB 17 would supersede all local government regulations on businesses,
professions, and occupations, even those regulations adopted prior to January 1, 2017, if they were
adopted without general law authority; moreover, such pre-existing regulations would expire July
1, 2020; and
WHEREAS, under CS/HB 17, even if a local government had enacted a business regulation
authorized by general law prior to January 1, 2017, the existing regulation could not be amended to
impose additional regulations on business, professions, or occupations; moreover, a local
government could not modify such regulation, except to repeal or reduce the regulation; and
WHEREAS, in addition, a local regulation not authorized under the CS/HB 17, or expressly
authorized by general law, would be a nullity and not enforceable; and
WHEREAS, CS/HB 17, and any similar or substitute legislation, would have far reaching
negative impacts upon local governments throughout the State and would severely limit their ability
to tailor local laws to their community needs, would sunset current laws, and would prevent the
enactment of new laws that address, among other things, fair wages, human rights, environmental
protections, and neighborhood quality of life; and
WHEREAS, the Village Council the Village of Key Biscayne ("Village") strongly opposes
CS/HB 17 and any similar or substitute legislation that would preempt the local regulation of
businesses, professions, and occupations to the State of Florida, sunset existing local regulations, or
that would limit local governments in modifying or imposing additional regulations; and
WHEREAS, the protection of home rule powers is of utmost importance to the Village and
the Village believes that HB 17 is unconstitutional and not good public policy; and
WHEREAS, adoption of HB 17 would be an unconstitutional attempt to statutorily revoke
the municipal home rule powers protected in the Florida Constitution, specifically Article VIII,
Section 11 of the Florida Constitution, which guarantees home rule in local affairs for Miami -Dade
County, including the Village.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE VILLAGE
OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. That each of the recitals stated above is hereby adopted
and confirmed.
Section 2. Opposition to Legislation. The Village Council hereby opposes House Bill
17 and any similar or substitute legislation that would preempt the local regulation of businesses,
professions, and occupations to the State by prohibiting local governments from imposing or
adopting certain rules, regulations, licenses, permits, or requirements, and any associated fees; that
would sunset existing local regulations; or that would limit local governments in modifying or
imposing additional regulations on businesses, professions, and occupations. The Village urges the
Florida Legislature not to adopt HB 17 or any companion or substitute legislation.
Section 3. Inclusion in Legislative Agenda. The Village Council directs that opposition
to HB 17, or similar legislation, be made part of the Village's legislative agenda.
Section 4. Transmittal. The Village Clerk is hereby directed to transmit this Resolution
to leadership of the Florida House of Representatives and Senate, as well as the members of the
Miami -Dade County legislative delegation.
Section 5. Effective Date. That this Resolution shall be effective immediately upon
adoption hereof
PASSED and ADOPTED this 18th day of April, 2017.
AT
CONCHITA H. ALVAREZ, MMC, VILLAGE CLE
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
VILLAGE ATTORNEY
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