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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 ir(4' :3 rii BOARD OF COUNTY C• u 11 IONERS %0 l' `�^ OF MONIA iiIiiid4 Y, LO I% c rho: BY r r�� \�' ATTEST: KEVI MADOK, CLERK 77.73 AS DEPUT CLERK c , c, c : Approved for form and legal sufficiency by: Robert B. Shillinger, County Attorney C Digitally signed by Robert B. Robert B Shillinger DN:cn=Robert B.Shillinger, o=Monroe County BOCC, Shillinge ou=Monroe County Attorney, r bob@moinlinger- roecounty-B gov,c=US 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