Item N10 N.10
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CountCounty ��Monroe. ,y, ? "tr, BOARD OF COUNTY COMMISSIONERS
y M T� \�1a� Mayor Michelle Coldiron,District 2
�1 1 nff `_ll Mayor Pro Tem David Rice,District 4
-Ile Florida.Keys Craig Cates,District 1
Eddie Martinez,District 3
w Mike Forster,District 5
County Commission Meeting
March 17, 2021
Agenda Item Number: N.10
Agenda Item Summary #8000
BULK ITEM: Yes DEPARTMENT: BOCC District 1
TIME APPROXIMATE: STAFF CONTACT: Amanda Leggett(305) 292-3400
n/a
AGENDA ITEM WORDING: Approval of a Resolution urging 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.
ITEM BACKGROUND: The resolution expresses the BOCC's support for home rule, a principle
embodied in the Florida Constitution since 1968. 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. 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. During the 2020 session, the Florida legislature introduced
42 preemption bills.
The resolution also expresses opposition to SB 426 and HB 267, which broadly preempt local
government regulation of commerce in seaports,preempting the authority to regulate port activity to
the State. Currently, all 14 ports in Florida, including the Port of Key West are controlled by local
government entities, i.e., a city, county or local port authority.
PREVIOUS RELEVANT BOCC ACTION: The BOCC routinely expresses support for home
rule and opposes the Legislature's efforts to preempt the Board's authority.
CONTRACT/AGREEMENT CHANGES:
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STAFF RECOMMENDATION:
DOCUMENTATION:
Resolution Supporting Home Rule
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N.10
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
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REVIEWED BY:
Craig Cates Completed 03/08/2021 10:32 AM
Bob Shillinger Completed 03/08/2021 2:18 PM
Liz Yongue Completed 03/08/2021 2:42 PM
Board of County Commissioners Pending 03/17/2021 9:00 AM
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N.10.a
MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
RESOLUTION NO. -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 s
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 o
WHEREAS, preemption by the State legislature weakens the home rule authority of local 0
government and its ability to respond to local challenges and protect local interests; and
a�
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 E
introduced 42 preemption bills; and s
WHEREAS, a current example of the local government preemption of home rule authority is 0
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 v)
c
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
E
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
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N.10.a
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.
0
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. 0.
Mayor Michelle Coldiron r-
Mayor Pro Tem David Rice
Commissioner Craig Cates 0
Commissioner Michael Forster
Commissioner Eddie Martinez
BOARD OF COUNTY COMMISSIONERS E
OF MONROE COUNTY, FLORIDA c
BY
Mayor Michelle Coldiron
(SEAL)
c
ATTEST: KEVIN MADOK, CLERK
0
DEPUTY CLERK
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Pamela G. Hancock
From: Yongue-Liz <Yongue-Liz@MonroeCounty-FL.Gov>
Sent: Wednesday, March 17, 2021 8:37 AM
To: County Commissioners and Aides; Senior Management Team; Kevin Madok; Pamela
G. Hancock
Cc: Ballard-Lindsey
Subject: Commissioner's Item N-10 Public Comment
Good Morning all,
Please see the public comment received, below, regarding Commissioner Cates'Agenda Item N-10.
Have a good meeting!
Liz Yongue
Executive Assistant
Monroe County Administrator's Office
1100 Simonton Street, Suite 2-205
Key West, FL 33040
(305)292-4441 (Office)
(305)292-4544(Fax)
Courier Stop#1
Yongue-liz@monroecounty-fl.gov
From: MinuteTraq Notifications<NoReply@IQM2.com>
Sent:Wednesday, March 17, 2021 7:51 AM
To: Ballard-Lindsey<Ballard-Lindsey@ Mon roeCounty-FL.Gov>; manuel.sanchez@granicus.com; Peters-Katherine
<Peters-Katherine@MonroeCounty-FL.Gov>;Yongue-Liz<Yongue-Liz@MonroeCounty-FL.Gov>
Subject:A new comment has been posted to your Web Portal
The user Roxanne Wood has posted a comment on Legislative File 8000:Appraval of a Resolution ur 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..
Comment: I agree with this resolution. Monroe County should oppose SIB 426 and HB 267 and support home rule
authority for the county and cities. Our citizens know our county and city needs, especially since the voters have spoken
on the e cruise ship referendum.
Link to the Discussion: http://MonroeCountyFL.IQM2.com/Citizens/Detail LegiFile.aspx?ID=8000
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