HomeMy WebLinkAbout09-206ARESOLUTION NO. 09-206A
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA,
JOINING OTHER LOCAL GOVERNMENTS IN A LAWSUIT
CHAILENGING SENATE BILL 360 AS BEING
UNCONSTITUTIONAL
WHEREAS, over the ob jections of many Florida municipalities and counties, as well as
the Florida League of Cities and the Florida Association of Counties, Governor Charlie Crist,
on June 1, 2009, signed Senate Bill 360, the Community Renewal Act (the "Act"), into law; and
WHEREAS, the Act makes sweeping changes to growth management laws and was
expressly intended to "encourage urban infill and redevelopment by removing costly and
unworkable state regulations in urban areQS;" and
WHEREAS, the impacts of the Act reQChed far beyond urban infill and redevelopment
areas to encompass approximately half of the municipalities, eight of the largest counties,
and half of the state's papulation; and
WHEREAS, the language in the Act is unclear, resulting in disagreements between
attorneys for developers and attorneys for local governments as to its applicability; and
WHEREAS, the Act may have substantial negative impacts on many local governments
throughout the State of Florida, particularly if the interpretation set forth by attorneys for
developers is adopted, possibly including:
1. the extension of some or all types of local development orders and building
permits for two years;
2. state preemption of the ability of lacal governments to deny future Iand use
map amendments to the comprehensive plan based upon transportation levels of service;
3. elimination of the process of review for developments af regional impacts
("DRI's") in half of the local governments in the State, which means major development
pro jects will be able to proceed without regard to cross- jurisdictional impacts;
4. elimination of state-mandated traffic concurrency in certain areas without
input from or regard to the impact on neighboring jurisdictions;
5. state preemption of the ability of Iocal governments to require security
cameras in private business;
6. mandatory expenditure of substantial funds by local governments to amend
their comprehensive plans to fund mobility and otherwise comply with the Act; and
7. the potentiat transfer of the costs for mitigating traffic impacts from
developers to taxpayers; and
WHEREAS, the law firm of Weiss Serota Helfmnn Pastoriza Cola & Boniske, PL (the
"Firm"), which serves as the City Attorney for the City of Weston ("Weston"), was asked to
do a legal analysis to determine whether the Act was sub ject to challenge on constitutional
grounds; and
WHEREAS, the Firm determined that a strong argument can be made that the
enactment of the Act violated (1) Article VII, Section 18 of the Florida Constitution, which
prevents the Florida Legislature from imposing requirements on local governments without
providing a means to pay for such requirements unless certain requirements are satisfied (the
"Unfunded Mandate Provision"), and (2) Article ITI, Section 6 of the Florida Constitution,
which requires that every law embrace only one sub ject (the "Single Sub ject Provision"); and
WHEREAS, based upon the foregoing, the City Commission of Weston passed
Resolution No. 2009-49, which authorized and directed its City Manager and City Attorney
to encourage other local governments to join Weston as plaintiffs in a lawsuit challenging the
Act for violating the Unfunded Mandate Provision and 5ingle Sub ject Provision of the Florida
Constitution (the °Lawsuit"); and
WHEREAS, Weston has filed the Lawsuit and has requested that any local government
interested in joining the Lawsuit as a plaintiff contribute $2,500 towards the attorneys' fees
and costs of the Lawsuit; and
WHEREAS, the Board of Gounty Commissioners of St. Lucie County, Florida, desires
to join Weston and the other local governments as a plaintiff in the Lawsuit.
NOW, THEREFORE, BE IT RESOI.VED by the Board of County Commissioners o St.
Lucie County, Florida:
Section 1: The foregoing recitals contained in the preamble to this Resolution are
incorporated by reference herein.
Section 2: The Firm is authorized and retained to include St. Lucie County as a
plaintiff in the Lawsuit. St. Lucie County acknowledges that its inclusion in the Lawsuit shall
not preclude the firm from representing other clients in connection with St. Lucie Gounty and
hereby waives any such conflicts,
Section 3: The Management and Budget Director is directed and authorized to
contribute $2,500 to Weston towards the attorneys' fees and costs of the Lawsuit.
Section 4: This Resolution shall take effect upon its adoption.
PASSED AND DULY
ATTEST:
Deputy Clerk
th day of August 2009.
IRD OF COVNTY COMMISSIONERS
LUCIE COVNTY, FLORIDA
, air
AS TO FORM AND
~t~rw~t~~. r"~
~Y : !~-"~ '''~ ~.
County A