Resolution 059-1980
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RESOLUTION NO. 59 -1980
RESOLUTION OPPOSING HOUSE BILL 180
WHEREAS, the Board of County Commissioners of Monroe
County, Florida, has reviewed House Bill 180, and
WHEREAS, upon review the Board has determined:
1. There are no clear, precise statutory standards
for counties to follow in order to be assured of avoiding
dual taxation. The Supreme Court has acknowledged that it
is the duty of the courts to determine when dual taxation
exists. Alsdorf v. Broward, 333 So.2d 457 (Fla. 1976).
2. House Bill 180 negates that provision of a recent
Supreme Court decision that disallows such reimbursement
on the basis of sovereign immunity and the principle that
"... courts should not fashion formulas and make choices
among alternatives for counties...." Manatee County v. Town
of Longboat Key, 352 So.2d 869 (Fla. 2nd DCA 1977); Case
No. 53,142 (Supreme Court opinion filed October 26, 1978).
3. House Bill 180 will result in an increase in local
intergovernmental friction due to unnecessary and expensive
litigation between cities and counties.
now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, as follows:
1. Monroe County does hereby advise the Legislature
of the State of Florida that it is unalterably opposed to
House Bill 180 and does hereby request that the Legislature
not consider or adopt said House Bill and that any and all
steps necessary to assure that said House Bill not be
adopted be taken in that such legislation would create
problems as set forth above.
2. That the Clerk of the Board is hereby directed to
forward a certified copy of this resolution to the Monroe
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County Legislative Delegation, Representative Joe Allen,
the Governor of the State of Florida, Speaker of the House
of Representatives, the President of the Senate, and the
Chairman of the House Community Affairs Committee.
This resolution was adopted by unanimous vote of the
Board of County Commissioners of Monroe County, Florida.
DATED February 26, 1980.
BOARD OF COUNTY COMMISSIONERS OF
MONROE DA
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