City of Coconut Creek - File #: RES 2017-089

• File #: RES 2017-089
• Name: Opposing HB 17/SB 1158
• Type: Resolution
• Status: Passed
• File created: 2/28/2017
• In control: City Commission
• On agenda: 3/9/2017
• Final action: 3/9/2017
• Title: A RESOLUTION URGING ALL MEMBERS OF THE FLORIDA LEGISLATURE TO OPPOSE HOUSE BILL 17 AND SENATE BILL 1158, WHICH WOULD PREEMPT MUNICIPAL HOME RULE POWER.
• Sponsors: City Manager
• Indexes: Legislative Agenda, Opposing Legislation, Resolution

Date	Action By	Action	Result
3/9/2017	City Commission

AGENDA ITEM REPORT
TITLE:
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A RESOLUTION URGING ALL MEMBERS OF THE FLORIDA LEGISLATURE TO OPPOSE HOUSE BILL 17 AND SENATE BILL 1158, WHICH WOULD PREEMPT MUNICIPAL HOME RULE POWER.

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BACKGROUND:

Home Rule is based on the time-tested premise that the government closest to the people is the authority best positioned to serve the needs of the community. The right of the people to use a grassroots approach to determine public needs and implement programs is an important democratic principle. Home Rule powers are conferred to local government by the Florida Constitution and Florida Statutes. Maintaining the integrity of Home Rule, both administrative and fiscal, allows local governments to develop and implement community-based solutions to community-based issues, which is an essential component of good government.
The City of Coconut Creek's 2017 State Legislative Agenda supports the preservation of Home Rule and opposes any legislation that seeks to diminish powers granted to local government. Two bills have been proposed for the 2017 Florida Legislative Session that would preempt the regulation of businesses to the State. House Bill 17 (HB 17) and Senate Bill 1158 (SB 1158) differ in how the preemptions are proposed; however, as they would both diminish municipal powers, the City of Coconut Creek opposes both.
DISCUSSION:
HB 17, sponsored by Representative Fine, provides that after July 1, 2017, a local government may not adopt or impose a new requirement (including any regulation, license, permit or fee) on a "business, profession or occupation" unless the requirement is "expressly authorized by general law." Additionally, HB 17 specifies that any existing requirement on a business, profession or occupation adopted without "general law authority" will be grandfathered until January 1, 2020, at which time they will automatically be repealed. Therefore, eventually no regulation may be imposed on a business, profession or occupation unless expressly autho...