2021-R-06 - Opposing Home Rule PreemptionRESOLUTION NO. 2021- R-06
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA, URGING ALL MEMBERS
OF THE FLORIDA LEGISLATURE TO OPPOSE
UNWARRANTED OR OVERLY BROAD PREEMPTIONS
OF MUNICIPAL HOME RULE POWERS; DIRECTING
A COPY OF THIS RESOLUTION BE TRANSMITTED TO
MEMBERS OF THE FLORIDA LEGISLATURE, THE
FLORIDA LEAGUE OF CITIES, AND ANY OTHER
INTERESTED PARTIES; REPEALING ALL
RESOLUTIONS IN CONFLICT HEREWITH AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Municipalities are voluntarily created and chartered by their citizens as the
embodiment of local self-determination; and
WHEREAS, in 1968, Florida voters amended the state constitution to confer broad
"Home Rule" powers to municipal government, under Article VIII, Section 2(b); and
WHEREAS, numerous bills being considered by the Florida Legislature contradict the
will of the people of Florida, who expressed an unequivocal desire for broad Home Rule powers
in their state constitution; and
WHEREAS, these bills undercut the intent of the citizens of every municipality in
Florida, who voted to incorporate their community and exercise the broad Home Rule powers
granted by the Florida Constitution to govern themselves and, thereby, effectively address the
unique concerns of their communities; and
WHEREAS, these bills would impair municipal charter and ordinance provisions
specifically adopted and approved by local communities to define their preferred form of self-
government and safeguard issues of perennial importance to their communities; and
WHEREAS, a municipality's ability to timely act on local problems and opportunities
will be limited by these bills to a state Legislature that holds session only once a year, and whose
ability to address local problems will be contingent on the relative effectiveness of its
representative in the state Legislature; and
WHEREAS, under these bills, state legislators will find themselves spending increasing
amounts of time arbitrating over local problems and legislating on local issues, and less time
attending to pressing statewide needs; and
WHEREAS, the City of Edgewater believes opposing these bills is in the best interests
of the residents and businesses of the municipalities in the State of Florida, and ultimately the
state itself; and
WHEREAS, the City of Edgewater would respectfully ask the state legislature to be
mindful that regulations enacted by local governments have to be enforced by those same
governments and, if excessive or burdensome, the peoples' local elected representatives are
quickly made aware of those burdens and any unintended consequences; and
WHEREAS, should these bills become law, and not be overturned, the ability of
Florida's municipalities to narrowly address local issues of public concern would be destroyed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Edgewater, Florida:
Section 1. Opposes the State of Florida's overbroad attempt to repeal or restrict
constitutional municipal home rule powers to protect the health, safety and welfare of
citizens and urges all members of the Florida Legislature to oppose the adoption of
unwarranted or overly broad preemptions.
Section 2. That a copy of this Resolution be transmitted to members of the Florida
Legislature, the Florida League of Cities, and any other interested parties.
Section 2. All resolutions or parts of resolutions in conflict herewith are hereby repealed.
2021-R-05 2
Section 3. This resolution shall take effect upon adoption.
After Motion to approve by
;r
Second by a t,..` (t , `" eC , the vote on this resolution was as follows:
Bonnie Brown, +CNI+C'
City Clerk
For the use and reliance only by the City of Edgewater
Florida Approved as to form and legality by:
Aaron It., Wolfie, Esquire
City Attorney
Doran, Sins, Wolfe & Yoo
Approved by the City Council of the City of Edgewater at a
meetin held on this 5'" day of April, 2021 under Agenda Item
No 8
2021 -R-05 3
AYE NAS
Mayor Mike Thomas
Councilwoman Christine Power
Councilvrornan Gigi Bennington
Councilwornan began O'Keefe
Contac 1man Jonah Powers
PASSED LI l iz DULY ADOPTED t3 TI= I) thts „ tla{F
of 2021.
CITY COUNCIL OF THE
CITY OF ED EWA TER,
FLORID
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Bonnie Brown, +CNI+C'
City Clerk
For the use and reliance only by the City of Edgewater
Florida Approved as to form and legality by:
Aaron It., Wolfie, Esquire
City Attorney
Doran, Sins, Wolfe & Yoo
Approved by the City Council of the City of Edgewater at a
meetin held on this 5'" day of April, 2021 under Agenda Item
No 8
2021 -R-05 3