HomeMy WebLinkAboutResolution 2003-11 1
RESOLUTION 2003-11
I t
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA EXPRESSING
1 OPPOSITION TO SENATE BILL 1164 AND HOUSE BILL 113 WHICH
SET FORTH AMENDMENTS TO THE BERT J. HARRIS, JR. ACT AND
ANY AND ALL OTHER PROPOSED AMENDMENTS THAT WOULD
SUBJECT LOCAL AND STATE GOVERNMENTS TO FURTHER
LIABILITY FOR THE CONSTITUTIONAL EXERCISE OF THEIR
LEGISLATIVE AND QUASI-JUDICIAL RESPONSIBILITIES AND
POWERS; TRANSMITTING THE RESOLUTION TO THE PRESIDENT
1 OF THE SENATE, SPEAKER OF THE HOUSE AND GOVERNOR;
SETTING AN EFFECTIVE DATE.
WHEREAS, the Bert J. Harris, Jr. Private Property Rights Protection Act ("Harris
Act"), as codified in Section 70.001 of the Florida Statutes, was enacted in 1995 to
provide a limited remedy for property owners when their property has been "inordinately
burdened" by the action of a governmental entity; and
WHEREAS, since its inception, numerous commentators and governments alike
have expressed concern that the Harris Act is impermissibly vague, fraught with various
problems in its application and interpretation, and has had a chilling effect upon
numerous governments in their planning and zoning activities; and
C WHEREAS, in the eight years since the enactment of the Harris Act, there have
been over 258 claims asserted against local governments in Florida; and
WHEREAS, despite its various constitutional infirmities relating to, inter alia, its
failure to define "inordinate burden" and "reasonable, investment-backed expectations;"
the automatic ripeness provisions that appear to violate separation of powers doctrine;
and the uncertainties inherent in its attempt to create a statute of limitations period; the
Act nonetheless provided in clear language that it does "not affect the sovereign
immunity of govemment"; and
WHEREAS, on July 18, 2002, a case affecting one of the cities of Florida,
namely Royal World Metropolitan, Inc. v. City of Miami Beach, llth Judicial Court Case
No. 99-17243 (Royal World), resulted in a favorable summary judgment for the City
which determined that the doctrine of sovereign immunity protects the City from liability
for damages under the Harris Act and said case has been appealed and is pending in
the Third District Court of Appeal as of the commencement of the 2003 Session of the
Florida Legislature; and
WHEREAS, the legislation proposed via Senate Bill 1164 and House Bill 113, if
constitutional, in part seeks to nullify the effect of the Royal World decision and adversely
City of Cape Canaveral, Florida
Resolution No. 2003-11
Page 1 of 3
affect the ad valorem taxpaying public of Florida in as many as 258 other claims pending
statewide, by not only amending the Harris Act to provide for a total waiver of sovereign
Vie immunity for government, but rovidin that such waiver is retroactive to
p 9 May 11, 1995;
and
WHEREAS, the economic impact of amending the Harris Act as proposed and
making it retroactive for eight (8) years would be devastating for the State and for local
governments statewide; and
WHEREAS, for example, the potential economic effect of eliminating sovereign
immunity in the City of Miami Beach is reflected by the amounts claimed in its pending eight
Harris Act cases which total $24,817,750, exclusive of interest, attorney's fees, and court
costs; and
WHEREAS, the amendments proposed in Senate Bill 1164 and House Bill 113 seek
to interfere with the pending judicial process in the Royal World case, as well as in
numerous other cases pending before various courts in the State of Florida; and
WHEREAS, that portion of the proposed legislation which seeks to abolish sovereign
immunity protection retroactive to May, 1995, if enacted, and determined to be constitutional,
would frustrate as much as eight years of litigation throughout t he State (5 years in the City
of Miami Beach alone), the expenditures of inordinate amounts of public and private funds
for attorneys' and appraisers' fees and court costs, and potentially would set off a brand new
c round of litigation between the public and private sectors; and
WHEREAS, the gross inequity of such a result is exacerbated when it is realized that
the actual value of the properties which are subject to pending claims have increased, in
many cases in exponential proportion in excess of their respective actual values since May,
1995, thereby creating the possibility for unjustly enriching the respective owners far beyond
any investment - backed expectations; and
WHEREAS, of greater or equal impact, the proposed amendments, if enacted, will
seriously impair local governments in their efforts to comply with State - mandated
requirements in such areas as growth management, comprehensive planning, concurrency,
protection of fragile, environmentally sensitive areas such as wetlands, beachfronts and
forestlands, concern with carrying capacity, and many other quality of life concerns; and
WHEREAS, during the century and one half of Florida's existence, a comprehensive
body of law has developed through Court interpretation of the State and Federal
Constitutions and legislative enactment which has defined "takings" and the power and cost
to the public incident to the exercise of eminent domain, all of which have amply protected
and amply protect private ownership interests against the necessary as well as the arbitrary
and capricious action of state and local governments.
City of Cape Canaveral, Florida
Resolution No. 2003 -11
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NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, that
Section 1. The aforegoing recitations are adopted in their entirety by the City Council
of the City of Cape Canaveral.
Section 2. The City of Cape Canaveral, Brevard County, Florida, opposes the
enactment of Senate Bill 1164 and House Bill 113 which set forth amendments to the Harris
Act and further opposes any and all other proposed legislative enactments which would
subject State and local governments to further liability for the constitutional exercise of their
legislative and quasi-judicial responsibilities and powers.
Section 3. The City Clerk is directed to provide certified copies of this Resolution to
the President of the Senate, Speaker of the House, and the Governor.
Section 4. This Resolution shall become effective upon adoption.
ADOPTED at a regular meeting of the City Council of the City of Cape Canaveral,
Florida, assembled this 15 day of April, 2003.
c ,
Rocky Randels, MAYOR
ATTEST: FOR AGAINST
,
- l Bob Hoog X
Susan tjlls, CITY C . K Jim Morgan Second
Buzz Petsos X
Rocky Randels X
APPROVED AS TO LEGAL FORM
AND SUFFICIENCY FOR THE CITY Richard Treverton Motion
OF CAP CANAVERAL ONLY:
Anthony A. Garganese, CITY ATTORNEY
City of Cape Canaveral, Florida
Resolution No. 2003 -11
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