HomeMy WebLinkAboutResolution No. 1978-04RE'SOLU'TION NO. 78 -4
A RESOLUTION RECONINIENDING THE 11NACTMENT 01
SENATE BILL 231 ail" I'11E 1978 FLORIDA LEGISLA'T'URE
RI.QUIRING - 1.111, FUNDING BY THE STATE LEGISLATURE
OF ANY LEGISLATION WHICH DIREC "I'S MUNICIPALITIES
OR COUNTIES TO ADMINISTER PROGRAMS AND SERVICES
THAT WOULD IMPOST: A 11URDEN UPON THEIR BUDGETS;
PROVIDING AN EFFECTIVE DATE.
WIIL'REAS, Article VIII of the Constitution Of the State of Florida
has granted to local governments broad home rude powers of local self -
government, and
WHEREAS, each year the Legislature of the State of Florida
mandates n program which require local governments to either participate
or hicrease their participation Incurring added costs to said local
governments, and
WIII ?REAS, the City of Capc Canaveral believes Such state mandated
programs requiring local financial involvment violate the spirit ucd intent
of the home rule philosphy, and
WHEREAS, the Scuate [Jill 231 has been profiled for the 1978
Legi:doLIVO Session providing for the funding of such state mandated projeetS,
NOW '1'IIF-RL'•FORE, be it resolvolby the City Cou nclI of tile City Of
Call e Canaveral, Florida, as follows:
SECTION 1. 1'110 City of Cape; Canaveral, Florida urges the 1978
Florida Legislature to enact Senate Bill 231 whicia has been profiled for the
1978 Legislative Session. A copy of this 13111 IS attached to and made a part
of this Resolution. Tile City Council of the City Of Cnp0 CalaaVeral, Florida
deems It in the best interest of its citizens that Senate 11111231 be enacted
and strongly urges all members of the 1978 Florida Legislature to support and
vote for tills 11111.
i
MICROFILMED 410-80
,
SECTION 2. This Resolution shall become effective'
immediately upon its adoption.
ADOPTED by the City Council of the City of Cape
Canaveral, Florida this 17 day of January , 1978
_0 `La ;`ANA�4'
s �lQ ,
'1
to
.t # i X-7/-6-t'e--/ /)/ / -- -
Mayor
.3 :, r
,,,.... i
VI'1t, V\ \�' NAME YES NO
• City Cle k • • BOYD ® •
i
MURPHY •
e I • RSGERMAN `!
} ,THURM
: • •roved as to form: ‘ , , t °'
l i
diltl!lir/ N
City Att•rney s
-` 0 #
•
i
i
1
f
.
r
t
7
, t
r
f11
1
1
J
11
6
7
8
9
10
11
10
14
15
16
17
10
19
?0
?1
'2;
?
?
A bill to be entitled
An act relating to the financing of new local
government duties; providing that any law
requiring municipalities or counties to
administer any program or provide any service
or facility include a method of financing such
program or service; providing an exception to
certain legislation; providing an effective
date.
WIIERF.AS, Article Viii of the Constitution of this state
grants to local govcrnmcnts broad home rule powers of local
self-government, and
WHEREAS, the viability of local government is dependent
on a fiscally responsible state government, and
tJUEpr.A„ each year the legislature mandates programs
that require local governments to either participate in new
govermnental programs or increase their participation in
already existing programs, and
WHEREAS, state mandated programs force local governments
to incur added costs which fiscally strain local sources of
revenue which are often not flexible enough to absorb the
burden, and
1.111EREAS, state mandated programs, by substituting state
priorities for local priorities, violate the spirit and intent
of the home rule philosophy embodied in the Constitution and
laws of the State of Florida, N0:9, TU Rr FORE,
7I 13e It linacted by the: Legislature of the State of Florida:
0
011 1
ATTAC111, NT. TO RESOLUTION 12D. 70 -4
I Section 1. Any law enacted by the legislature after
2 July 1, 1970, which requires a municipality or county to per -
3 form an activity or provide a service or facility which will
y require the expenditure of additional funds must provide a
5 means to finance the activity, service or facility. The means
6 of financing such activity, service or facility may be through
1 remission of additional funds of the state to said municipality
g or county, through specific authority granted the municipality
9 or county to levy a special tax therefor, or as otherwise pro -
10 vidod by such law. If financing is provided by remission of
II additional funds by the state, or as otherwise provided by such
12 law, such remission or other method of financing shall bear a
13 roasonab.le relationship to the actual costs of performing the
14 activity or providing the service or facility, and shall not
15 reduce, supplant or adversely affect: other state revenue,
16 sharad with or granted to municipalities or counties. The
17 mmUcip.ility or county may refuse to comply with, administer,
10 or enforce any law which does not comply with the requirements
19 of this section. No subsequent legislation shall be doomed to
70 supersede or modify any provision of this act, whether by impli
21 cation or otherwise, except to the cxi:cnt that such legislation
22 rhall do so expressly; reasons for legislative noncompliance
23 with this section shall be stated with particularity.
2a Section 2. This ::ct shall not apply to any law under
I25 which the required expenditure of additional local funds is
76 incidental to the main purpose of the law.
27 Section 3. This act shall t'a%e effect upon becoming a
73 1 aw. .
29
30
31 2
ATTACHMGIST TO RRSOLUTI.OY NO. 78 -4