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RESOLUTION NO.2021- _�> l% * <br />A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY <br />ISLES BEACH, FLORIDA, STRONGLY OPPOSING HOUSE BILL 403 <br />AND SENATE BILL 266 WHICH SEEK TO PREEMPT LOCAL <br />GOVERNMENTS FROM REGULATING HOME-BASED BUSINESSES IN <br />RESIDENTIAL DWELLING UNITS AND THOSE AREAS ZONED FOR <br />RESIDENTIAL USE; DIRECTING THE CITY CLERK TO DISTRIBUTE <br />COPIES OF THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE <br />DATE. <br />WHEREAS, Representative Mike Giallombardo introduced House Bill 403 ("HB 403") <br />and Senator Keith Perry introduced Senate Bill 266 ("SB 266") for consideration during the 2021 <br />Florida Legislative Session seeking to authorize home-based businesses to operate in residential <br />zoning districts irrespective of a local government's zoning restrictions, and allowing specified <br />businesses to challenge local government actions regulating home-based businesses in residential <br />zoning; and <br />WHEREAS, cities currently have common sense restrictions in place that properly <br />balance someone's desire to open their own small business without adversely impacting their <br />neighbors and their community; and <br />WHEREAS, home-based businesses are not the same as residents working remotely from <br />home due to COVID-19 pandemic and should not be treated as such; and <br />WHEREAS, allowing unregulated home-based businesses would change the character <br />and look and feel of the City of the Sunny Isles Beach's (the "City") neighborhoods as well as <br />impact residents' peaceable enjoyment of their home; and <br />WHEREAS, allowing any type of business to open in a home can lead to health and safety <br />issues as well as endangering the welfare of neighboring residents; and <br />WHEREAS, allowing unregulated home-based businesses would mean increased <br />customers, traffic, noise, deliveries, nuisances and health and safety issues impacting the quality <br />of life of neighboring residents; and <br />WHEREAS, the City Commission believes that regulation of home-based businesses and <br />residential zoning districts is essential to protecting the rights of property owners in the City to <br />be free of the deleterious and adverse effects of home-based businesses; and <br />WHEREAS, the City Commission believes that issues of this nature should be determined <br />locally, in accordance with the City's home rule authority; and <br />WHEREAS, the Mayor and City Commission declare their strong opposition to HB 403 <br />and SB 266, and any substitute or similar Senate or House bill which preempts the authority <br />of local municipalities to protect their citizens and preserve the integrity of its communities. <br />NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE <br />CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: <br />82021 Oppose HB 403 and SB 266 (Home Business) Page 1 of 2 <br />