Res No 053-12-13610RESOLUTION NO. 53 -12 -13610
A Resolution opposing the current bill in the Florida Legislature that would
preempt the City of South Miami's Charter and Code of Ordinances with
regard to land use regulation and which attempts to deny the City's
Constitutional Right to Home Rule with regard to land use, or otherwise.
WHEREAS the City of South Miami ( "City "), on July 22, 2008, pursuant to the
requirements of section 5.03 of the Home Rule Charter of Miami -Dade County and the Florida
Constitution, submitted to the voters of the City of South Miami a proposed amendment to its
charter so as to require a supermajority vote of the city commission in order to pass a resolution
or enact an ordinance that made the City's land use regulations less restrictive; and
WHEREAS, sixty four (64) percent of the electors of the City of South Miami on July
22, 2008 enacted a Charter amendment, amending Article II, Section 6. D. 1. of the Charter of
South Miami to require a 4/5 vote whenever a resolution or ordinance applied current land use
and development regulations in any manner to make them less restrictive and to require five (5)
affirmative votes of the city commission to approve any actions to amend the land use and
development regulations in any manner to make them less restrictive; and
WHEREAS, Senator Bogdanoff has moved the Florida Legislature for the enactment of
HB 4003 to make it easier for changes to be made to the comprehensive plan of local
governments by mandating the number of votes required to enact the changes and prohibiting
local government from requiring a greater vote than a mere majority to enact changes to the
comprehensive plan. His proposal states:
Section 5. A local government may not adopt or impose any supermajority voting
requirement, by charter provision, ordinance, or otherwise, for the transmittal or adoption
of amendments to the comprehensive plan made by the act; prohibiting a local
government from adopting or imposing any supermajority voting requirement for the
transmittal or adoption of amendments to the comprehensive plan. [3/1/2012 5:24:47
PM]; and
WHEREAS, another current legislative proposal would require that all amendments to
the City's comprehensive plan would require passage by no greater than a simple majority of the
City Commission, unless additional voting requirements are a part of the City's charter and
provided the charter voting provision is approved by at least sixty (60) percent of the City's
electors; and
WHEREAS, despite the fact that the City has a charter provision that requires a
supermajority vote for less restrictive changes to its comprehensive plan and despite the fact that
the Florida Legislature is prohibited by the Miami -Dade County Home Rule provision of the
Florida Constitution from repealing or amending the City's charter, the Mayor and the City
Commission for the City of South Miami opposes to oppose any infringement of the home rule
of any municipality in the state of Florida.
Pagel of 2
Res. No. 53 -12 -13610
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1: The City of South Miami strenuously opposes any bill in the Florida
Legislature that would preempt the City of South Miami's Charter and its Code of Ordinances, or
the charter or ordinances of any municipality, concerning the voting requirements for the passage
of any resolution or ordinance affecting any city's comprehensive plan or any of their other land
use rules, regulations and ordinance or which in any way attempt to deny any city its
constitutional right to home rule. The City Clerk is hereby instructed to send a copy of this
resolution to all members of the Florida House of Representative and the Florida Senate as well
as to the Governor and his cabinet.
Section 3: If any section clause, sentence, or phrase of this resolution is for any reason
held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect
the validity of the remaining portions of this resolution.
Section 4. This resolution shall become effective immediately upon adoption by vote of
the City Commission.
PASSED AND ADOPTED this 6th day of March , 2012.
ATTEST:
APPROVED:
/q/614&J
RM, COMMISSION VOTE:
5 -0
Mayor Stoddard:
Yea
Vice Mayor Liebman:
Yea
Commissioner Newman:
Yea
Commissioner Harris:
Yea
Commissioner Welsh:
Yea
w:rny documents\resolutions\resolution opposing hb 4003 ban on supermajority vote re comp plan.final.doe
Page 2 of 2