HomeMy Public PortalAbout2023-11 Opposing or seeking qualifications relative to pending state legislation that preempt or limit municipal home rule authorityR E S O L U T IO N N O . 2 0 2 3 -1 1
A RE S O L U T I O N O F T H E V IL L A G E C O U N C IL O F T H E
V IL L A G E O F K E Y B IS C A Y N E , F L O RI D A , O P P O S IN G O R
S E E K IN G Q U A L IF IC A T IO N S RE L A T IV E T O P E N D IN G
S T A T E L E G I S L A T IO N T H A T P RE E M P T O R L IM IT
M U N I C IP A L H O M E R U L E A U T H O RI T Y ; P R O V ID IN G F O R
T R A N S M IT T A L ; A N D P R O V ID IN G F O R A N E F F E C T IV E
D A T E .
W H E R E A S , Article VIII, Section 2 (b) of the Florida Constitution grants to municipalities
the governmental, corporate, and proprietary powers to conduct municipal government, perform
municipal functions, and render municipal services, and provides that municipalities may exercise any
power for municipal purposes, except when expressly prohibited by law; and
WHEREAS, Section 166.021, Florida Statutes, further confirms and effectuates municipal
home rule authority, securing for municipalities the broad exercise of home rule powers granted by
the Constitution; and
WHEREAS, representative democracy at local levels functions best where elected
representatives from the local community, working closely with and for their constituents, are able to
develop and implement policies rooted in the particular concerns and interests of the community, thus
contributing most positively and impactfully to quality of life considerations for those they serve; and
WHEREAS, a number of current legislative proposals dealing, for example, with affordable
and workforce housing, have laudable and important purposes, they raise substantial local concerns
over consequences deriving from legislative implementation resulting in local government
preemption or limitations on local government authority; and
WHEREAS, the Village of Key Biscayne ("Village") is a well-planned, built-out community,
featuring a vibrant full-service commercial sector, excellent public and private local schools, many
active civic institutions and an engaged citizenry, challenged however by characteristics and
limitations of a barrier island, including impacts of development in a constrained space, flood
v u ln e ra b ilitie s a n d c o nn e c tio n to th e m a in la n d b y a sin g le , in c re a s in g ly c o n g e ste d ro a d w a y , w h ic h
a ffe c ts o ur m e d ic a l e m e r g e n c y a n d h ur r ic a n e e v a c u a tio n c a p a b ilitie s ; a n d
WHEREAS, the Village is contending with stormwater abatement challenges and-essential
public infrastructure improvements, among other resilience and sustainability concerns; and
WHEREAS, the Village Council recognizes that intended or unintended consequences from
preemption legislation involving land-use, zoning, planning and permitting would effectively
eliminate or excessively constrain core home rule responsibilities adversely affecting, for example,
the as-built condition and functionality of the Village, provision for and management of adequate
public infrastructure, mitigation of traffic congestion, and public safety and emergency response
planning; and
WHEREAS, consistent with its mission statement, "to provide a safe, quality community
environment for all islanders through responsible government", the Village Council opposes
legislation, or alternatively seeks qualification for legislation, that preempts or excessively limits
municipal home rule authority, especially in the areas of land-use, zoning, development permitting
and comprehensive planning; and
WHEREAS, the Village Council finds that this Resolution is in the best interest and welfare
of the residents of the Village.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1.
incorporated herein.
Section 2.
Recitals. Each of the above-stated recitals are hereby adopted, confirmed, and
Opposition. The Village Council expresses its opposition to legislation that
preempts or excessively limits municipal home rule authority, especially in the areas of land-use,
zoning, development permitting, and comprehensive planning, and urges the State Legislature and
th e G o v e rn o r to co n sid e r ca re fu ll y a d v e rse co n se q u e n c e s fl o w in g fr o m th e ne gatio n o r cu rtailm en t o f
h o m e ru le a u th o rity , an d in ste a d ta ilo r le g isla tio n to eq u ip lo c al go v e rn m e n ts to pro tect and ad v ance
th e in te re sts of th e co m m u n itie s th e y se rv e .
Section 3. Mitigation. To the extent legislation is enacted that preempts or limits local
government home rule authority that has traditionally been exercised locally, such as land-use, zoning,
development permitting, and comprehensive planning, the Village Council urges the State Legislature
to recognize tailored exceptions, exemptions or mitigation measures that are appropriate for the
Village, taking into account the Village's island geography, environmental, sustainability and
resilience challenges, and dependence on a single roadway that serves two popular parks - one of
which is Bill Baggs Cape Florida State Park -- as well as the local community and visitors.
Section 4. Transmittal. That the Village Council hereby directs the Village Clerk to
transmit a copy of this Resolution to the Miami-Dade County State Legislative Delegation, the Miami
Dade County League of Cities, the Florida League of Cities, the Speaker of the Florida House of
Representatives, the President of the Florida Senate, and the Florida Governor.
Section 5.
adoption.
Effective Date. That this Resolution shall be effective immediately upon
PASSED and ADOPTED this 14th day of March 2023.
ATTEST:
Sta~3Koch
VILLAGE CLERK
W E IS S S E R O T A H E L F M A N C O L E & BIERMAN, P.L.
VILLAGE ATTORNEY