R98-005 RESOLUTI ON .j~'~ :¢.~..~¢~'
A RESOLUTION OF THE- CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
SUPPORTING THE FLORIDA LEAGUE OF
CITIES, INC.'S, CONSTITUTION REVISION
RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Florida League of Cities, Inc., convened at its
Annual Legislative conference on November 20-21, 1997, at the Hyatt
Regency Orlando International Airport, Orlando, Florida to adopt both
its legislative policies and proposals to revise Florida's Constitution;
WHEREAS, the Florida League of Cities, Inc., adopted on
November 21, 1997, its 1998 Constitution Revision Resolution;
WHEREAS, the City of Boynton Beach, believes that there will
be a variety of constitutional proPosals that could affect municipal
home rule authority and municipality's ability to respond to the needs
and conveniences of their'citizenry; and
WHEREAS, the City of Boynton Beach, is a member of the
Florida LeagUe of Cities, Inc., and fully supports the Florida League of
Cities', and each position addressed in the 1998 Constitution Revision
Resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA
THAT:
Section 1. The Constitution Revision Commission
respectfully consider the Florida League of Cities' Constitution
Revision. A copy of the 1998 Constitution Revision Resolution-of the
Florida League of Cities is attached hereto as Exhibit "A."
Section 2. A copy of this municipal resolution to be sent to
the 1998 Constitution Revision Commission members.
PASSED AND ADOPTED this ~ day of January, 1998.
CITY OF BOYNTON BEACH, FLORIDA
/,'¢ice Mayor
'~~m' C~r~missioner~, 5
Commissioner
AT,TEST:
Ci~ Clerk
~eso~Lecsla~e jcfio~onsfi~fion Revision
~ ~.,e..~~ ~
The 1998 Constitution Revision Resolution
A RESOLUTION OF THE FLORIDA LEAGUE OF CITIES, INC. (FLC),
ESTABLISHING POLICY POSITIONS CONCERNING THE REVISIONS TO THE
FLORIDA CONSTITUTION FOR CONSIDERATION BY THE 1998
CONSTITUTION REVISION COMMISSION.
WHEREAS, the FLC, whose membership consisto of Florida's municipalities,
was created in 1922 to work for the ~morai improvement of Florida's municipal
Jun~ 1997, pursuant to AfL XI, §2, Fl~ Con~, to review, considor and recommend to
Florida'a electors propo~d ~ to Florida's Con~imtion; and
WHEREA~, the FLC belkve~ that local serf ~ernm~nt i~ th~ k~y~tone to
r and that constimtionM municipal hom~ ~ &uthority should b~
WHEREA~,. muni~paliti~ are th~ only optimml form of ~wel~m~llt, created
primarily to service the needs and desires of a local community;, and
Vv'HF, REAS, municipaliti~ are the ~mTnnento closest to the ~ and are
~ by ~mmunity ~ who have distingui~d themselve~ u public servants;
proposals that could af~ct th~h' home ruk authority and abih'ty to r~spond to th~
nseda and ~ of ~ citismry.
NOW, ~1/~ Bg IT lt~8OL~D BY TI~ FLORIDA LEAGUE OF CITIES,
INC,, THAT ~ CON--ON REVISION COMMISSION RESPE~Y
CONSIDER THE I~OLI~WINO PosrrloNs:
Section 1. That the FLC, opposes any chsn~ in Art. I, Fla. Const., or in any
other provisioa of the Coa___~tl~ that would ~bly infring~ upon th~ rights of
all prow~ ownem in ord.' to espand th~ rishto of m proim'ty ownors.
~d bez~flts for munk~psl m~ or prohibit le~lati~ s~don if such benefit is a
Section 4. That th~ FI, C, endorses ~airn~ss in municipal hirins practices and
will-support an amendment to th~ constitu~on that reco~zes that employment
polices are & matter of local concern and dependent upon the uniqu~ circumstances of
ARide Il. General Provfsions
Section 5. That the FLC, 8upport8 an amendment to Az~ 1I, § 7, FI~ Const.,
relating to environmental protection, that ensures the prudent expenditure of taxpayer
doilm~ b~ req~ tl~t 8mt~ environmental re&q~ttion~ b~ supported b~ sound
mti~fl~ & cost/benefit test and achiev~ & benefit derived ~ the
environmentml re~mhtion that i8 mtionall~ related to th~ coots to implement the
other provision of the Constitution that enm~r~ fairne~ tl~ou~h procedur~ and
substantive due ~ for municipml officials and that rewtructur~ the Commission
Section 7. That the FL~ suppoFts ~tn tO cloae loopholes in the
Sectio~ 8. That the lq, C. supports an amendment to AR. ~ § X(a),
~mt, to &uth~Jm m~b m l~y m~ tax tl~ ~ ~nd ito l~iiti~
8~km 9. That tim FL~ ~ppm~ -- mmmdmmt to A~ VI~ § 3(a), FI~
~ 10. Th~ the FL(:, ~ppm~ ~n m~ln~nt m A~L VI~ § 1(~), FIL
ConoL, to cod~y the cotlrts' a,~it4f~ of ~oze~' slid ~lsure8 mtlnicipa]itie8 mt.mi"
home rub eu.~h~ to ~'ree~*
Section ti, That the lq, C, supporm an mnendment to Article VII, § 18, Fla,
which Morida~ ~ e~ this proHsion and It became effective.
Const., to provide that · municipel ora~-~ prevails over · state law.
9ection 13. That the lq, C, supporm on amendment to Art. Vlll,§ 2(c),
ConmL, which ~ · munic~ty to annex unincorporated property expeditiously.
Section 14. That the FI, C, 8u~ an amendment to Art. VIII, g 2, Fl& Conot.,
that assuru · municipality's riaht to manaae ifs risht-of-ways and to ~ fair
Section IS/ That the FLC, supports an amendment to Art. VIii, g 2(b), ~
land use decision&
9ecttoa 17o That the lq~, suppm~ sa ameadment to Article Vlff, §. 2, FI~
Coast., that ensures th~ right of citizens of any municipality not to t~ subjected to
Section 19. That the FLC, supports an amendment to Art. X, § 13, Fla. Const,,
to assure the sovereisri immunity of municipalities is the ,u~m~ as the 8rote and im
a~encies and political subdivisions, and opposes any provision that would expand the.
tort liability of municipalities.
A~e ~ Amem~aea~
Section 20. That the FLC, suppoFts an amendment to Art. XI, § 3, FI~ Const.,
to ensure the rishts of munkn'pal citizens by precludin~ any limiM~ns on the powers
of municipalities throush lesishtive or citinm initiited propomls that amend the
~nstitutio~
Section 21. That the FLC, .suppor~ andy ~ consUtutionM amendment
that recosnizeo'and storm8 the principk of municipel Home Rule and oppose any
their citizen& Includiuf the authority of municipMitleo to raise revenue~
Section 22.. That'a copy of this resolution be sent to tho 1998 Constitution
this 21~ Day of November, 1997,