LEGISLATIVE ACTION ITEM
SPONSOR: City Council Member Sherri Myers
SUBJECT:
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LEGAL OPINION - UNDER WHAT LEGAL AUTHORITY, IF ANY, CAN THE GOVERNOR VOID, NULLIFY OR REPEAL AN ORDINANCE OF A CITY OR MUNICIPALITY.
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RECOMMENDATION:
recommendation
That City Council request a legal opinion from the City Attorney asking the following question:
Under what legal authority can the Florida Governor void, nullify or repeal an ordinance of a City or Municipality?
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HEARING REQUIRED: No Hearing Required
SUMMARY:
On September 25, 2020 Governor Ron DeSantis issued Executive Order No. 20-244, suspending the collection of fines and penalties associated with COVID-19 enforced upon individuals. On March 10, 2021, the Governor issued Executive Order No. 21-65, exercising his clemency powers regarding the remission of fines.
Nowhere within the executive order is there mention of voiding, nullifying or repealing any city ordinance, however during discussion at the March 11, 2021 City Council meeting, it was intimated that this executive order had rendered the ordinance unenforceable, thereby having the end result be that the ordinance is in essence void, null and repealed.
This item seeks to gain a legal opinion as to the legal authority, other than exercising clemency powers, the Governor possesses in order to render a municipal ordinance void, null or repealed.
PRIOR ACTION:
March 10, 2021 - Governor Ron DeSantis issued Executive Order 21-65
September 25, 2020 - Governor Ron DeSantis issued executive Order No. 20-244, suspending the collection of fines and penalties associated with COVID-19 enforced upon individuals
FUNDING:
N/A
FINANCIAL IMPACT:
None
STAFF CONTACT:
Don Kraher, Council Executive
ATTACHMENTS:
1) Governor’s Executive Order 21-65
PRESENTATION: No