Commission Meeting Agenda Item
Resolution 2021-101 (First and Final Reading) — A Resolution of the Town Commission of the Town of Lady Lake, Lake County, Florida, Urging All Members of the Florida Legislature to Oppose Unwarranted or Overly Broad Preemptions of Municipal Home Rule Powers
Staff Recommended Motion
Staff recommends approval of the first and final reading of Resolution 2021-101.
On Thursday, March 11, 2021, Mayor Ruth Kussard received an e-mail from Mayor Terrill Hill of the City of Palatka, who is currently serving as the President of the Florida League of Mayors. The e-mail contained a link to a resolution which was passed unanimously at a special meeting of the Florida League of Mayors on March 4, 2021. The resolution was authored to “…urge all members of the Florida Legislature to oppose unwarranted or overly broad preemptions of municipal home rule powers”.
Several bills have been filed in the current legislative session that, if passed, would restrict the ability of municipalities to address issues of public concern at the local level. With over 400 cities, towns, and villages in the State of Florida, a broad variety of issues exist across the landscape. The solution to an issue in one municipality may be vastly different from the method in which another jurisdiction solves the very same problem. While the Florida League of Mayors and the Florida League of Cities do recognize that the application of some rules of law are certainly warranted statewide, the passage of a number of bills would “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 community”.
Source of Funding
Draft Resolution 2021-101
A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF LADY LAKE, LAKE COUNTY, 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
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, 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 Lady Lake Town Commission 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 Lady Lake Town Commission 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 that the Town Commission of the Town of Lady Lake, Lake County, Florida, 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.
BE IT FURTHER RESOLVED, that a copy of this Resolution be transmitted to members of the Florida Legislature, the Florida League of Cities, and any other interested parties.
THIS RESOLUTION shall become effective immediately upon passage.
RESOLVED this 5th day of April, 2021, in Lady Lake, Florida, by the Lady Lake Town Commission.
Town of Lady Lake, Florida
Ruth Kussard, Mayor
Nancy Slaton, Interim Town Clerk
Approved as to form:
Derek Schroth, Town Attorney