93-19u
RESOLUTION NO. 93 -19
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CLEARWATER,
FLORIDA, EXPRESSING OPPOSITION TO THE PROPOSED "PRIVATE PROPERTY
RIGHTS ACT OF FLORIDA;" PROVIDING AN EFFECTIVE DATE.
WHEREAS, House Bill 1437 and Senate Bill 1000, the proposed "Private
Property Rights Act of Florida," would expose cities and counties in Florida
to unprecedented liability, including attorney's fees, for the diminution of
property values due to governmental regulation; and
WHEREAS, the proposed legislation would expose governmental agencies to
new liability for police power and land use regulations already on the books;
and
WHEREAS, the proposed legislation would drastically increase the cost of
local government by requiring the employment of lawyers and appraisers to
evaluate the effect of every existing and proposed regulation on individual
parcels of property; and
WHEREAS, the proposed legislation would have the practical effect of
negating the ability of cities and counties to regulate the use of land,
contrary to the requirements of the Local Government Comprehensive Planning
and Land Development Regulation Act and other statutory requirements, and
contrary to the home -rule authority of local government to regulate the use of
land for the protection of the health, safety and welfare of the public; and
WHEREAS, current case law provides an adequate remedy for regulations
which constitute a "taking" under the Florida and United States Constitutions,
and in fact provide better protection than was available ten years ago; now,
therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The City Commission of the City of Clearwater does hereby
express its opposition to House Bill 1437 and Senate Bill 1000, the proposed
"Private Property Rights Act of Florida."
Section 2. Copies of this resolution shall be provided to the President
of the Florida Senate, the Speaker of the Florida House of Representatives,
each member of the Pinellas County Legislative Delegation, and to the Governor
of the State of Florida.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 18th day of March, 1993.
Attest:
Cyn is E. Goudeau Rita Garvey
Cit • Clark Mayor- Commissioner
q�t /9