Resolution No. 21-22RESOLUTION NO. 21-22
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, URGING ALL
MEMBERS OF THE FLORIDA LEGISLATURE TO OPPOSE UNWARRANTED
AND 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, THE
DUVAL COUNTY LEGISLATIVE DELEGATION, AND ANY OTHER INTERESTED
PARTIES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Florida's voters placed municipal home rule powers into the Florida Constitution on
Nov. 5, 1968, during the regular elections as an amendment to Article VIII; and
WHEREAS, this power enables municipalities to consider, adopt, revise or remove its own laws
without the need to seek legislative permission from the state and has served as the foundation upon which
every municipality builds its governmental structure; and
WHEREAS, once again in 2021, numerous bills being considered by the Florida Legislature contradict the
will of the people of Florida, who express an unequivocal desire for broad home rule powers in their state
constitution; and
WHEREAS, these bills seek to 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, the City of Atlantic Beach requests the State Legislature to treat local governments in the
same manner as the State Legislature wishes to be treated by the Congress.
WHEREAS, these bills seek to impair municipal charter and ordinance provisions specifically adopted
and approved by local communities to define their preferred form of self-government and safeguard issues of
perennial importance to their communities; and
WHEREAS, a municipality's ability to timely act on local problems and opportunities would 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 would 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 City of Atlantic Beach 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 City of Atlantic Beach respectfully asks the Florida Legislature to be mindful that
regulations enacted by local governments must 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, to protect the health, safety and welfare of Florida's
citizens, the City of Atlantic Beach opposes overbroad attempt to repeal or restrict constitutional municipal home
rule powers 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, the Duval County legislative delegation, and any other interested parties.
THIS RESOLUTION shall become effective immediately upon passage.
PASSED AND ADOPTED by the City Commission of the City of Atlantic Beach, this 22nd day of
March, 2021.
Attest:
07'nUti jhI4,t&
Donna L. Bartle, City Clerk
Approved as to form and correctness:
Dur. - n C. y Attorney
El en Glasser, Mayor
Resolution No. 21-22 age 2 of 2