HomeMy Public PortalAbout1997-60 Supporting Port Richey's support of a Florida Constitution amendmentRESOLUTION NO. 97-60
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA; SUPPORTING AN AMENDMENT TO ARTICLE VIII
SECTION 2 (a) AND (c) OF THE FLORIDA CONSTITUTION;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Article VIII, Section 2(a) of the Florida Constitution (1968) allows for the
involuntary abolition of any municipality or to modify their Charters by Special Act of the
Legislature with or without a referendum as determined unilaterally by the County Legislative
Delegation; and
WHEREAS, Article VIII, Section 2(c) of the Florida Constitution allows for the involuntary
merger of municipalities by Special Act of the Legislature with or without a referendum as
determined unilaterally by the County Legislative Delegation; and,
WHEREAS, the ability of the Florida Legislature to take such action without regard to the
right of the people for self determination is contrary to all of the principles upon which home rule
was established for municipalities by the Constitution; and
WHEREAS, the Village Council and the people of the Village of Key Biscayne, Florida are
greatly concerned about the ability of the legislature to abolish a city without a referendum vote of
it's electorate or to force a municipal constituency to vote on an issue not of their own choosing, thus
disregarding the will of the people, the democratic principles of home rule, self determination, and
self governance; and
WHEREAS, the Florida Constitutional Revision Commission was formed to hear and
consider matters of great public importance and to amend our state Constitution in keeping with
contemporary issues for the management of the state, county and local governments and the
protection of the rights, privileges and immunities of its citizens; and,
WHEREAS, the Village of Key Biscayne feels that in order to preserve the fundamental
concepts of home rule, a revision to Article VIII, Section 2 (a) and (c) is of the utmost importance
to all municipalities of the state, and does hereby request that the Florida Constitutional Revision
Commission consider and approve the following amendments to the Florida Constitution.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY
BISCAYNE, FLORIDA THAT THE FLORIDA CONSTITUTION, ARTICLE VIII, SECTION 2
(a) AND (c) BE AMENDED AS FOLLOWS:
ARTICLE VIII. Section 2, Municipalities.
(a) ESTABLISHMENT. Municipalities may be established by special law, or
abolished only upon an affirmative vote of the electorate of the municipality and thcir charters
amended pursuant to general or special law. When any municipality is abolished, provisions shall
be made for protection of its creditors.
(b) POWERS. Municipalities shall have governmental, corporate and proprietary powers to
enable them to conduct municipal government, perform municipal functions and render municipal
services, and may exercise any power for municipal purposes except as otherwise provided by law.
Each municipal legislative body shall be elective.
(c) ANNEXATION. Municipal annexation of unincorporated territory, merger of
municipalities pursuant,to the provisions of mumcipaMharters,and exercise of extra -territorial
powers by municipalities shall be provided by general or special law.
BE IT FURTHER RESOLVED, by the Village Council of the Village of Key Biscayne that a copy
of this Resolution be sent to the members of the Florida Constitution Revision Commission and the
Florida League of Cities.
PASSED AND ADOPTED this 18th day of November , 1997.
OR JOHN F. FESTA
CONCHITA H. ALVAREZ, VILLAGE CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENC
RICHARD J. WEISS, VILLAGE ATTORNEY