Res No 063-17-14864RESOLUTION NO. 063-11-14864
A Resolution of the Mayor and City Commission of the City of South Miami,
Florida, opposing House Bill 17 and any similar or substitute legislation that
would preempt the local regulation of businesses, professions, and occupations to
the state by prohibiting local governments from imposing or adopting certain
rules, regulations, licenses, permits, or requirements, and any associated fees; that
would sunset existing local regulations; or that would limit local governments in
modifying or imposing additional regulations on businesses, professions, and
occupations.
WHEREAS, House Bill 17 (HB 17) was filed for consideration during the Florida
Legislature's 2017 Session by Representative Randy Fine (R -Palm Bay), and is co-sponsored
by Representative Paul Renner (R -Palm Coast); and
WHEREAS, on February 22, 2017, the Careers & Competition Subcommittee of the
House Commerce Committee voted favorably on a similar Committee Substitute Bill (CSIHB
17); and
WHEREAS, CSIHB 17 would expressly preempt the local regulation of businesses,
professions, and occupations to the State of Florida by prohibiting local governments from
imposing or adopting certain rules, regulations, licenses, permits, or requirements, and any
associated fees; and
WHEREAS, CS/HB 17 would supersede all local government regulations on businesses,
professions, and occupations, even those regulations adopted prior to January 1, 2017, if they
were adopted without general law authority; moreover, such pre-existing regulations would
expire July 1, 2020; and
WHEREAS, under CSIHB 17, even if a local government had enacted a business
regulation authorized by general law prior to January 1, 2017, the existing regulation could not
be amended to impose additional regulations on business, professions, or occupations; moreover,
a local government could not modify such regulation, except to repeal or reduce the regulation;
and
WHEREAS, the Mayor and City Commission strongly oppose CSIHB 17and any similar
or substitute legislation that would preempt the local regulation of businesses, professions, and
occupations to the State of Florida, sunset existing local regulations, or that would limit local
governments in modifying or imposing additional regulations.
WHEREAS, in addition, a local regulation not authorized under the CSIHB 17, or
expressly authorized by general law, would be a nullity and not enforceable; and
WHEREAS, CS/HB 17, and any similar or substitute legislation, would have far-
reaching negative impacts upon local governments throughout the State and would severely limit
their ability to tailor local laws to their community needs, would sunset current laws, and would
Res. No. 063-17-14864
prevent the enactment of new laws that address, among other things, fair wages, human rights,
environmental protections, and neighborhood quality-of-life; and
WHEREAS, the Mayor and City Commission strongly oppose CSIHB 17 and any
similar or substitute legislation that would preempt the local regulation of businesses,
professions, and occupations to the State of Florida, sunset existing local regulations, or that
would limit local governments in modifying or imposing additional regulations.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT:
Section 1. The Mayor and City Commission hereby oppose House Bill 17 and any
similar or substitute legislation that would preempt the local regulation of businesses,
professions, and occupations to the State by prohibiting local governments from imposing or
adopting certain rules, regulations, licenses, permits, or requirements, and any associated fees;
that would sunset existing local regulations; or that would limit local governments in modifying
or imposing additional regulations on businesses, professions, and occupations.
Section 2. This resolution shall take effect immediately upon adoption by vote of the
City Commission.
Passed and adopted this 4th day of_A_p.,...r_i_l ____ , 2017.
MAY R
COMMISSION VOTE: 5-0
Mayor Stoddard: Yea
Vice Mayor Welsh Yea
Commissioner Edmond: Yea
Commissioner Liebman: Yea
Commissioner Harris: Yea
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FLORIDA H 0 USE o F REPRESENTATIVES
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C.S/HB 17
A bill to be entitled
An act relating to local regulation preemption;
creating s. 163.20, F.S.; providing definitions;
prohibiting certain local governments from imposing or
adopting certain regulations on businesses,
professions, and occupations after a certain date;
preempting the regulation of businesses, professions,
and occupations to the state; providing exceptions to
such preemption; providing an effective date.
11 Be It Enacted by the Legislature of the State of Florida:
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2017
13 Section 1. Section 163.20, Florida Statutes, is created to
14 read:
15 163.20 Regulation of businesses, professions, and
16 occupations pr~empted to the state.-
17 (1) DEFINITIONS.-As used in this section:
18 (a). "Local government" means a county, municipality,
19 special district, school district, or political subdivision of
20 the state.
21 (b) "Reg:ulation" means a rule or regulation, license,
22 permit, or requirement, along with any associated fee.
23 (2) LOCAL GOVERNMENT REGULATION.-On or after July 1, 2017,
24 a local government may not adopt or impose a new regulation on a
25 business, profession, or occupation unless the regulation is
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FLORIDA H 0 USE o F REP RES E N TAT I V E S
CS/HB 17 2017
26 expressly authorized by general law.
27 (3) PREEMPTION OF REGULATION TO THE STATE.-Notwithstanding
28 any law to the contrary, this section expressly preempts the
29 regulation of businesses, professions, and occupations to the
30 state 'and supersedes any local government regulation of
31 businesses, professions, and occupations with the exception of
32 the following:
33 (a) A regulation adopted prior to July I, 2017, without
34 general law authority. Any such regulation expires on July I,
35 2020.
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(b) A regulation expressly authorized by general law.
(4) EXISTING REGULATION LIMIT.-A local government with a
local regulation concerning a business, profession, or
occupation that is retained pursuant to paragraph (3) (a) may not
40 impose additional regulations on that business, profession, or
41 occupation or modify such regulation except to repeal or reduce
42 the reguiation.
43 (5) REGULATIONS NOT AUTHORIZED.-Any local regulation of a
44 business, profession, or occupation that is not authorized under
45 this section or expressly authorized by general law does not
46 apply and may not be enforced.
47 Section 2. This act shall take effect July I, 2017.
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