Resolution 118-2021 MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
RESOLUTION NO. 118 -2021
A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS URGING MEMBERS OF THE FLORIDA
LEGISLATURE TO SUPPORT HOME RULE AUTHORITY FOR
COUNTIES AND CITIES AND TO OPPOSE SB 426 AND HB 267 WHICH
PREEMPT LOCAL GOVERNMENT HOME RULE ABILITY TO PRESERVE
AND PROTECT LOCAL COMMUNITY VALUES AND INTERESTS; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, in 1968 Florida voters amended the State constitution conferring broad Home
Rule powers to counties and municipalities,authorizing local officials to pass local ordinances and
exercise all powers not specifically prohibited by law; and
WHEREAS, home rule authority allows for local governments to legislate within their
jurisdictions to reflect and protect the interests of their respective communities based on the
philosophy that the government closest to the people best represents the people;and
WHEREAS, preemption by the State legislature weakens the home rule authority of local
government and its ability to respond to local challenges and protect local interests; and
WHEREAS, in recent years, the Florida legislature has acted to preempt the home rule
-- - authority of local governments from legislating on policy areas ranging from vacation rentals, to
polystyrene and single use plastic bags,to tree trimming; in the 2020 session the Florida legislature
introduced 42 preemption bills; and
WHEREAS, a current example of the local government preemption of home rule authority is
the proposed legislation SB 426 and HB 267 which broadly preempt local government regulation
of commerce in sea ports, preempting the authority to regulate port activity to the State; and
WHEREAS, all 14 ports in Florida, including the Port of Key West are all controlled by local
government entities—a city, county or local port authority, and local control and authority of the
seaports in Florida has been in place since before 1845, and local control and authority of seaports
is the most common structure of seaports nationally; and
WHEREAS,SB 426 and HB 267 were introduced after the passage of 3 local referenda by more
than 60%percent of Key West voters that limit cruise ship traffic into the Port of Key West; and
WHEREAS, it is good practice and policy to allow local governments to enforce their existing
and adopt, new rules and regulations that meet the demands of their constituents so as to protect
the community investments and maintain the uniqueness of their own communities; and
WHEREAS preemption bills such as these adversely impact the authority of local governments
to enforce existing and adopt effective rules and regulations while protecting the values of their
communities; and
Page I 1
WHEREAS, the Monroe County Board of County Commissioners finds that the Florida
legislature's effort to weaken home rule conflicts with the rights and ability of local government
and local voters to protect their community and environment; and
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,FLORIDA:
Section 1 The Monroe Board of County Commissioners urges the Florida legislature to support
home rule authority of cities and counties, and to oppose SB 426 and HB 267 preemption bills
Section 2. Directs the Clerk of the Board to transmit a certified copy of this resolution to the
Governor, Senate President. House Speaker, and members of the Monroe County State Legislative
Delegation.
Section 3. This resolution shall become effective upon adoption.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting held on the 17th day of March,2021.
Mayor Michelle Coldiron Yes
Mayor Pro Tem David Rice Yes
Commissioner Craig Cates Yes
Commissioner Eddie Martinez Yes
Commissioner Mike Forster Yes
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ATTEST: KEVI MADOK, CLERK
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Approved for form and legal sufficiency by:
Robert B. Shillinger, County Attorney C
Digitally signed by Robert B.
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Date:2021.03.2410:51:38-04'00'
Page 12
:N Kevin Madok, CPA
'<;; Clerk of the Circuit Court&Comptroller— Monroe County, Florida
March 30, 2021
Honorable Governor Ron DeSantis
State of Florida, The Capitol
400 S Monroe Street
Tallahassee FL 32399-0001
Honorable Governor DeSantis,
Enclosed is a certified copy of Resolution No. 118-2021 urging members of the Florida
Legislature to support home rule authority for counties and cities and to oppose SB426 and
HB267 which preempt local government home rule ability to preserve and protect local
community values and interests; and providing an effective date.
This Resolution was adopted by the Monroe County Board of County Commissioners at a
regular meeting, held in formal session, on Mardi 17, 2021. Should you have any questions please
feel free to contact me at (305) 292-35.50.
Respectfully Submitted,
Kevin Madok, CPA, Clerk of
the Circuit Court& Comptroller&
ex-officio to the Monroe County
Board of County Commissioners
by: Pamela G. Hancock, D.C.
cc: Florida Senate President Wilton Simpson
Florida House Speaker Chris Sprawls
Representative Jim Mooney
Senator Ma Maria Rodriguez
Lisa Tennyson,Legislative Director
Commissioner Cates
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145
305-852-7145