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RESOLUTION NO. 2026 4,043
<br />A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
<br />FLORIDA, AUTHORIZING THE MAYOR AND COMMISSIONERS, AT EACH ELECTED
<br />OFFICIAL'S SOLE CHOICE AND OPTION, TO ENROLL AND PARTICIPATE IN AND
<br />RECEIVE THE SAME INSURANCE BENEFITS AS IS AVAILABLE TO CITY'S REGULAR
<br />EMPLOYEES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY
<br />TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.
<br />WHEREAS, pursuant to Section 166.021, Florida Statutes, and as provided in Section 2(b),
<br />Article VIII of the Constitution of the State of Florida, "municipalities shall have the governmental,
<br />corporate, and proprietary powers to enable them to conduct municipal government, perform
<br />municipal functions, and render municipal services, and may exercise any power for municipal
<br />purposes, except when expressly prohibited by law"; and
<br />WHEREAS, pursuant to Section 112.08(2)(a), Florida Statutes:
<br />Notwithstanding any general law or special act to the contrary, every local governmental
<br />unit is authorized to provide and pay out of its available funds for all or part of the
<br />premium for life, health, accident, hospitalization, legal expense, or annuity insurance, or
<br />all or any kinds of such insurance, for the officers and employees of the local
<br />governmental unit and for health, accident, hospitalization, and legal expense insurance
<br />for the dependents of such officers and employees upon a group insurance plan and, to
<br />that end, to enter into contracts with insurance companies or professional administrators
<br />to provide such insurance or with a corporation not for profit whose membership consists
<br />entirely of local governmental units authorized to enter into risk management
<br />consortiums under this subsection.
<br />WHEREAS, pursuant to Attorney General Opinion (AGO) 2004-17, members of a city
<br />commission, as the City's governing body, constitute officers of the city for purposes of Sec.
<br />112.08, Florida Statutes, and therefore, municipalities are authorized to provide insurance for
<br />the members of its governing body; and
<br />WHEREAS, pursuant to AGO 2008-09, absent any prohibition in a municipality's charter
<br />or personnel rules, municipalities may allow its elected officials and its employees to opt out of
<br />a municipality's group health insurance plan, and in lieu, receive compensation in the amount of
<br />the unused premium; and
<br />WHEREAS, the City Commission of the City of Sunny Isles Beach, Florida, has determined
<br />that it is in the best interest of the City to make insurance benefits available to the City's Mayor
<br />and Commissioners on the same basis as such insurance benefits are available to the City's
<br />regular employees, in the manner provided herein.
<br />R2026 Health Benefits for Elected Officials (July RCCM).docx Page 1 of 2
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