Res No 034-21-15654RESOLUTION NO.034-21-15654
A Resolution of the Mayor and City Commissioners of the City of South
Miami supporting and urging the Florida legislature to pass Florida Senate
Joint Resolution 540 to amend the Florida Constitution to require a
supermajority of the Florida legislature to pass any law that preempts to the
state a field of regulation or other subject of legislation not preempted to it
by the Florida Constitution.
WHEREAS, Home Rule language was adopted in the 1968 Florida Constitutional
revision; and
WHEREAS, Article VIII, Section 2(b) of the 1968 Constitutional revision grants Home
Rule to municipalities and states:
POWERS. Municipalities shall have governmental. corporate, and proprietary
powers to enable them to conduct municipal government, perform municipal
functions and render municipal services. and may exercise any power for municipal
purposes except as otherwise provided by law. Each municipal legislative body shall
be elective.
WHEREAS, the Florida Legislature. in 1973, enacted the Municipal Home Rules Power
Act ("MHRPA"), now codified in Ch. 166 of the Florida Statutes. The MHRPA guarantees that
local governments retain governmental, corporate. and proprietary powers to enable them to
conduct municipal government, perform municipal functions, and render municipal services and
it provides that this power may not be curtailed except as otherwise provided by law; and
WHEREAS, both the Florida Constitution and state statutes express a preference that,
absent some necessity for a statewide enactment, local officials should deal with problems
relating to the health and welfare of their citizens; and
WHEREAS, local governments are on the front lines of when it comes to protecting the
health, safety and welfare of their citizens and state preemption acts as a barrier to the ability of
local governments to enact necessary regulations that are responsive to the specific needs of their
community; and
WHEREAS, the Florida Senate has proposed a joint resolution, SJR 540, to amend the
Florida Constitution to require a supermajority vote by the legislature before any laws are enacted to
curtail the Home Rule powers of counties and municipalities; and
WHEREAS, the Florida Senate Joint Resolution 540 states:
Senate Joint Resolution
A joint resolution proposing the creation of Section 22 in Article III and a new section in
Article XII of the State Constitution to require a supermajority of each house to approve
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Res. No 034-21-15654
a general law preempting a subject of legislation to the state. Be It Resolved by the
Legislature of the State of Florida:
That the following creation of Section 22 in Article III and a new section in Article XII
of the State Constitution are agreed to and shall be submitted to the electors of this state
for approval or rejection at the next general election or at an earlier special election
specifically authorized by law for that purpose:
ARTICLE III
LEGISLATURE
SECTION 22 Preemption to the state, supermaiority vote required. —The legislature
May not, except by a general law passed by a two-thirds vote of each house, preempt to
the state a field of regulation or other subject of legislation not preempted to it by this
Constitution.
ARTICLE XII
SCHEDULE
Preemption to the state. —This section and Section 22 of Article III, which requires
approval by a supermalority vote of each house of the legislature for a general law that
preempts a subject of legislation to the state, shall take effect January 1.2024.
BE IT FURTHER RESOLVED that the following statement be
placed on the ballot:
CONSTITUTIONAL AMENDMENT
ARTICLE III, SECTION 22
ARTICLE XII
SUPERMAJORITY VOTE FOR LEGISLATIVE PREEMPTION. —Proposing an
amendment to the State Constitution, to take effect on January 1, 2024, to prohibit the
Legislature from preempting to the state any subject of legislation unless approved by a
two-thirds vote of each house.
WHEREAS, the City Commission for the City of South Miami approves of this
constitutional amendment.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSIONERS OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The recitals set forth in this resolution are true and they are incorporated into
this resolution by reference as if set forth in full herein.
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Res. No. 034-21-15654
Section 2. The City of South Miami Commission hereby supports and urges the
Florida legislature to pass Florida Senate Joint Resolution 540 to amend the Florida
Constitution to require a supermajority of the Florida legislature to pass any law that
preempts to the state a field of regulation or other subject of legislation not preempted to it by
the Florida Constitution.
Section 3. Corrections. Conforming language or technical scrivener -type corrections
may be made by the City Attorney for any conforming amendments to be incorporated into the
final resolution for signature.
Section 4: The City Clerk shall forward a copy of this Resolution to
Governor Ronald Dion DeSantis,
State Senate President.;
State Speaker of the House;
all municipalities in Miami -Dade County,
members of the governing bodies of all 67 counties and their respective
the Florida Cabinet,
the Florida League of Cities
Miami -Dade County
Miami -Dade County League of Cities
members of the Miami -Dade Legislative Delegation
Miami -Dade County Board of County Commissioners
Miami -Dade County Manager
league of cities.
Section 5. Severability. 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 will
not affect the validity of the remaining portions of this resolution.
Section 6. Effective Date. This resolution will become effective immediately upon
adoption.
PASSED AND ADOPTED this 23rd day of March, 2021.
ATTEST: APPROVED:
CITY)MLERS MAYOR
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY, AND
EXECUTI THE
C ATTORNEY
COMMISSION VOTE: 4-0
Mayor Philips: Yea
Commissioner Hams: Yea
Commissioner Liebman: Yea
Commissioner Gil: Yea
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Agenda Item No:Bb.
City Commission Agenda Item Report
Meeting Date: March 16, 2021
Submitted by: Thomas Pepe
Submitting Department: City Attorney
Item Type: Resolution
Agenda Section:
Subject:
A Resolution of the Mayor and City Commissioners of the City of South Miami supporting and urging the Florida
legislature to pass Florida Senate Joint Resolution 540 to amend the Florida Constitution to require a
supermajority of the Florida legislature to pass any law that preempts to the state a field of regulation or other
subject of legislation not preempted to it by the Florida Constitution. 3/5 (Mayor Philips)
Suggested Action:
Attachments:
Res SupportingConstAmendmentreSuperMajorityrePre emption.doc