89-R-13RESOLUTION NO, 89-R-13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA, SUPPORTING A CONSTI-
TUTIONAL AMENDMENT PROHIBITING STATE -MANDATED
PROGRAMS ON CITIES AND COUNTIES WITHOUT FULL
FUNDING OR REQUIRING A THREE-QUARTERS VOTE OF
THE ENTIRE LEGISLATURE FOR SUCH PROGRAMS;
REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, cities and counties are continuously forced to
raise local taxes and user fees to pay for unfunded state pro-
grams, and
WHEREAS, cities and counties are forced to pass these
increased costs for delivery of state -mandated programs on to
the citizens, and
WHEREAS, it is irresponsible for one level of government to
mandate programs on another level of government without bearing
the fiscal responsibility or facing the political consequences,and
WHEREAS, there is no certainty and predictability in the
growth planning process if the state can continue to mandate new
and expensive programs without regard to adequate funds, and
WHEREAS, the priorities and programs of local citizens and
local governments have often been curtailed when limited local
funds have to be diverted to pay for a state -mandated program, and
WHEREAS, the State Constitution preempts all taxing powers
to the state (other than local property taxes) and the state has
been unwilling to allow local discretionary taxing powers to
municipalities and, in fact have tied the hands of local govern-
ments and then shifted programs to them without funding, and
WHEREAS, unfunded mandates are unfair to the local property
owner or the locally elected official who is trying to address
local priorities and problems with a limited amount of financial
resources, and
WHEREAS, since 1980 more than 200 unfunded local mandates
have been passed by the Legislature and 86% have had an "undeter-
mined" fiscal impact on local government, and
WHEREAS, 1988 marks the loth anniversary that the Florida
Legislature has ignored Section 11.076, Florida Statutes, which
provides that the state will not mandate programs on cities and
counties without full funding or designating a funding source, and
WHEREAS, the 1988 Florida Legislature failed to pass legis-
lation which would have allowed the voters to determine if the
Florida Legislature should be allowed to continue to fund state
Priorities through local property tax dollars when there is not an
overwhelming state interest,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF EDGEWATER,FLORIDA:
SECTION 1: That the City Council of the City of Edgewater,
Florida, hereby expresses its support for an amendment to the
Florida Constitution which would prohibit the State from mandating
programs on cities and counties unless said programs are fully
funded or approved by a three-quarters (3/4) vote of the entire
legislature, and which would also provide for review of existing
mandates except those germane to growth management and
environmental considerations.
SECTION 2: That the City Council of the City of Edgewater,
Florida, urges the Volusia County Legislative Delegation to
actively and aggressively support such an amendment in the coming
session of the Florida Legislature.
SECTION 3: That the City Clerk is hereby authorized to
forward certified copies of this resolution to the members of the
Volusia League of Municipalities, to the members of the Volusia
County Legislative Delegation and to the Florida League of Cities.
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SECTION 4: That all resolutions or parts of resolutions
in conflict herewith be and the same are hereby repealed.
SECTION 5: That this resolution shall take effect immedi-
ately upon its adoption by the City Council of the City of
Edgewater, Florida, at a regular meeting of said Council
held on the 3rd day of April 198 9 , and approved as pro-
vided by law.
This resolution was introduced and sponsored by Councilman
Hatfield and was read and passed by a vote of the City Council
of the City of Edgewater, Florida, at a regular meeting of
said Council held on the 3rd day of April 198 9 , and
authenticated as provided by law.
ROLL CALL VOTE ON RESOLUTION N0, 89-R-1 3:
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Approved for f rm:
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Y AFTORNEY
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