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RESOLUTION OPPOSING HB 17, SB 1158, OR SIMILAR LEGISLATION THAT WOULD PREEMPT LOCAL REGULATION OF BUSINESSES, PROFESSIONS, OCCUPATIONS, COMMERCE, TRADE, AND LABOR,AND NULLIFY REGULATIONS ADOPTED BY LOCAL GOVERNMENTS PERTAINING TO SUCH MATTERS; AND AMENDING RESOLUTION NO. R-1217-16 TO REVISE THE BOARD�S 2017 STATE LEGISLATIVE PRIORITIES TO INCLUDE THIS ITEM

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WHEREAS, Senate Bill 1158 and House Bill 17 have been filed for consideration during the Florida Legislature�s 2017 session by Senator Kathleen Passidomo (R � Naples) and Representative Randy Fine (R � Palm Bay), respectively; and
WHEREAS, HB 17 would preempt the regulation of businesses, professions, and occupations to the state and prohibit local governments from adopting or imposing new regulations on businesses, professions, or occupations unless such regulations are expressly authorized by general law; and
WHEREAS, HB 17 would grandfather existing local government regulation of businesses, professions, and occupations adopted prior to July 1, 2017, without general law authority, but only until July 1, 2020 when such local government regulations would be null and void; and
WHEREAS, similarly, SB 1158 would preempt to the state the regulation of matters relating to commerce, trade, and labor, effective January 1, 2017; and
WHEREAS, while SB 1158 in its present form would not impact local government regulations enacted prior to January 1, 2017, it would prevent local governments from enacting new regulations pertaining to commerce, trade, or labor after that time; and
WHEREAS, SB 1158 declares that any such local regulations enacted after January 1, 2017 are null and void, and provides a process by which other local governments may seek to invalidate any offending regulations of a county, municipality, or special district; and
WHEREAS, HB 17 and SB 1158 could have far-reaching implications for the communities that local governments represent and protect through regulations pertaining to businesses, professions, occupations, commerce, trade, and labor; and
WHEREAS, under HB 17, a host of local regulations could potentially either be preempted to the state or cease to be enforceable by local governments after July 1, 2020; and
WHEREAS, a list of such local regulations is set forth in Exhibit A to this resolution, which was compiled by the Florida Association of Counties; and
WHEREAS, among these are local regulations pertaining to:
* adult entertainment and night club establishments, spacing between alcohol sales establishments and schools, religious facilities, and residences, and hours of operation for certain uses that operate near single family residences;
* minors, including those that prohibit the sale of tobacco products to persons under 18 years of age;
* consumer protection and unfair/deceptive trade practices, including regulations on false/misleading advertising, food product packaging/labeling, price misrepresentation, maximum non-consent tow rates, and non-discrimination in tipping;
* business licensing, including regulations for pain management clinics that require fingerprinting and background checks for the protection of the public;
* notice, disclosure, and signage requirements, including those relating to gasoline prices, rental car agencies, alcoholic beverages, check cashing fees;
* wage theft;
* the prevention of unreasonably loud noises;
* historic preservation, including regulations that preserve historic districts and draw tourism;
* art in public places for the benefit of the community;
* emergency vehicles, taxis, limousines, jitneys, and transportation network companies;
* commercial signage and signage on commercial buildings;
* placement and merchandising of tobacco products and e-cigarettes;
* anti-discrimination;
* labor and employment; and
* the environment, including regulations that prevent sanitary nuisances, such as untreated or improperly treated human waste, garbage, and dead animals; and
WHEREAS, SB 1158 takes a similarly broad sweep to HB 17 and provides that unless otherwise expressly authorized by special or general law, after January 1, 2017 local governments would be precluded from enacting regulations that:
* ban the sale of a good or service;
* impose a penalty on the sale of a good or service;
* require an employer to pay any or all of its employees a wage rate not otherwise required under a special, general, or federal law; or
* interfere with the regulation of commerce, trade, or labor outside the territorial boundaries of a local government, or that have an adverse impact on economic growth, private sector job creation or employment, private sector investment, business competitiveness, productivity, or innovation within the county or outside its territorial boundaries; and
WHEREAS, under the language above, SB 1158 could potentially prevent local governments from enacting or amending regulations that encourage local and regional economic development, protect the distinguishing aesthetics and other features of local areas that attract tourists, and prevent discrimination; and
WHEREAS, although Representative Fine has expressed an intent to preserve local zoning authority, neither HB 17 nor SB 1158 expressly preserves local zoning authority or provides a basis to determine when a local government is properly exercising its local zoning authority; and
WHEREAS, local zoning authority is a fundamental power through which local communities regulate where industrial, commercial, residential, and other uses should be located to protect the character of neighborhoods and ensure that incompatible uses are not situated adjacent to one another; and
WHEREAS, many believe that local government regulations serve no useful purpose and are simply revenue generators for local governments that act to the detriment of businesses; and
WHEREAS, in reality, such regulations are essential to preserving the quality of life and character of local communities, and are in many cases actually good for businesses; and
WHEREAS, for example, as environmental regulations have come into place, businesses have begun to market themselves as �green enterprises,� using their compliance with such regulations as a means to attract clients and customers; and
WHEREAS, sectors of Florida�s diverse economy are located in different geographic regions throughout the state with different sectors and different geographic regions requiring different business climates under which Florida�s industries may thrive; and
WHEREAS, promoting a one-size-fits-all policy of business regulations and preventing local governments from enacting innovative solutions for promoting local Florida industries that thrive in particular regions will hamper, rather than help, Florida�s economic development and job creation; and
WHEREAS, the ability to regulate in the areas identified above is essential for local governments across the state to ensure that each may address the issues and problems particular to their communities and ensure the well-being of their residents; and
WHEREAS, residents of local communities � including business owners � are supportive of such regulations, which have been put in place by their elective representatives on county and city commissions; and
WHEREAS, by preempting local government regulation of businesses, professions, occupations, commerce, trade, and labor, these bills act contrary to the will of local communities; and
WHEREAS, although the bills provide a carve-out for local regulations that have been authorized by general law, local governments are better situated than the Legislature to quickly respond to the needs of local communities as they arise; and
WHEREAS, the Legislature is in regular session only 60 days per year and therefore cannot address local needs as responsively as local governments can, especially in a state as large and diverse as Florida; and
WHEREAS, accordingly, this Board wishes to oppose these bills,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Opposes HB 17, SB 1158, or similar legislation that would preempt local regulation of businesses, professions, occupations, commerce, trade, and labor; and nullify regulations adopted by local governments pertaining to such matters.
Section 2. Waives the requirements of Resolution No. R-764-13 and amends Resolution No. R-1217-16 to include this issue as an additional state legislative priority for the 2017 session.
Section 3. Directs the Clerk of the Board to transmit certified copies of this resolution to the Governor, the Senate President, the House Speaker, Senator Kathleen Passidomo, Representative Randy Fine, the Chair and Members of the Miami-Dade State Legislative Delegation, and the President and Executive Director of the Florida Association of Counties.
Section 4. Directs the County�s state lobbyists to advocate against the legislation described in Section 1 above, and authorizes and directs the Office of Intergovernmental Affairs to amend the 2017 State Legislature Package to include this item as a priority.