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HomeMy WebLinkAboutResolution 326 Chapter 80-88 RESOLUTION NO. 326 A RESOLUTION OF THE CITY OF WINTER SPRINGS, FLORIDA, REQUESTING THE GOVERNOR TO PUT ON THE AGENDA RECON- SIDERATION OF CHAPTER 80-88, LAWS OF FLORIDA; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. WHEREAS, the Florida Legislature regulates pari-mutuel wagering pursuant to Chapter 550, Florida Statutes; and WHEREAS, Chapter 80-57, Laws of Florida (Committee Sub- stitute for House Bill No. 1825), and Chapter 80-88, Laws of Florida (Committee Substitute for House Bill No. 595), both amending Chapter 550, Florida Statutes, were passed in the 1980 Session of the Florida Legislature, and WHEREAS, the definition of capital improvements contained in Chapter 80-57, Laws of Florida, when read together with the exemption of capital improvements from local regulation contained in Chapter 80-88, Laws of Florida, may thwart the Constitutional and statutory concepts of Home Rule in the State of Florida; and WHEREAS, due to vagueness of statutory language, the Legislative intent may be interpreted to exempt not only the reconstruction and renovation of existing pari-mutuel facilities, but also the exemption from local control of new pari-mutuel facilities not previously in existence in the city or County; and WHEREAS, Mid-State Development, Inc. and Harness Racing, Inc. propose to develop a new pari -mutuel race track and race quarterhorses in the municipality of Lake Mary within Seminole County; and WHEREAS, the exemption from local regulation contained in Chapter 80-88, Laws of Florida, applies only to capital improvements made by a permit holder licensed under Chapter 550 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WINTER SPRINGS, FLORIDA, THAT: SECTION I- the City requests the Division of Pari-Mutuel Wagering of the Department of Business Regulation and the Florida Pari-Mutuel Commission not issue any permits or licenses for racing days in Seminole County until either A. The Legislature of the State of Florida revises Chapter 550, Florida Statutes, to clarify the status of new parimutuel facilities and whether or not such capital improvements are exempt from local regulation; or B. Local government has been granted the opportunity to determine whether the proposed pari-mutuel quarterhorse race track shall be placed within its jurisdiction in conformance with State and Local laws. SECTION II - This resolution shall remain in force until supp- lemented, amended, repealed or otherwise altered. SECTION III - All resolutions or parts of resolutions in conflict with this resolution are hereby repealed. SECTION IV - This resolution shall take immediate effect upon its passage and approval. PASSED and ADOPTED this 28th day of October, 1980. CITY OF WINTER SPRINGS, FLORIDA By: Troy J. Piland, Mayor ATTEST: Mary T. Norton CITY CLERK COUNTY OF SEMINOLE FLORIDA BOARD OF COUNTY COMMISSIONERS PHONE: (305) 323-4330 COURTHOUSE N. PARK AVE. SANFORD, FLORIDA 32771 MEMORANDUM TO: All City Managers or Mayors Cities of Seminole County FROM: Roger D. Neiswender County Administrator 0 DATE: October 9, 1980 SUBJECT: Proposed Sunshine Park Quarterhorse Racing Track ---------------------------------------------------------------------- Due to the recent controversy surrounding the proposed Sunshine Park Quarterhorse Racing Track in Lake Mary, the County Commission has requested the Governor to put on the agenda reconsideration of Chapter 80-88, Laws of Florida (Committee Substitute for House Bill No. 595), in order to close the loophole which may have allowed the horse track to proceed without any local government control. It would be appreciated if your city council can be of support in this concern. The Council of Local Governments in Seminole County (CALNO) has taken a position of concern regarding the exemptions from local control. The City of Lake Mary has instituted a suit to force the issue. Since this matter may have some potential state-wide concern, specifically regarding pari-mutuel facilities and generally on the concept of the state overriding local jurisdiction for special purposes, we suggest that, perhaps, the Florida League of Cities would be interested in this issue. Again, if you can be supportive of the cause, we would appreciate it. cc Enclosures - Resolutions RECEIVED OCT 10 1980 CITY of WINTER SPRINGS CITY MANAGER RES 0 L UTI 0 N THE FOLLOWING RESOLUTION WAS ADOPTED UNANI- MOUSLY BY THE BOARD OF COUNTY COMMISSIONERS OF SEMINOLE COUNTY, FLORIDA, AT THEIR REGULARLY SCHEDULED MEETING OF TUESDAY, OCTOBER 7, 1980. WHEREAS, the Florida LegiSlature regulates pari-mutuel wagering pursuant to Chapter 550, Florida Statutes; and WHEREAS, Chapter 80-57, Laws of Florida (Committee Sub- stitute for House Bill No. 1825), and Chapter 80-88, Laws of Flor- ida (Committee Substitute for House Bill No. 595), both amending Chapter 550, Florida Statutes, were passed in the 1980 Session of the Florida Legislature; and WHEREAS, the definition of capital improvements con- tained in Chapter 80-57, Laws of Florida, when read together with the exemption of capital improvements from local regulation con- tained in: Chapter 80-88, Laws of Florida, may thwart the Constitu- tional and statutory concepts of Home Rule in the State of Florida; and WHEREAS, due to vagueness of statutory language, the Leg- islative intent may be interpreted to exempt not only the recon- struction and renovation of existing pari-mutuel facilities, but also the exemption from local control of new pari-mutuel facilities not previously in existence in the city or county; and WHEREAS, Mid-State Development, Inc. and Harness Racing, Inc. propose to develop a new pari-mutuel race track and race quarterhorses in the municipali ty of Lake Mary wi thin Seminole County; and WHEREAS, the exemption from local regulation contained in Chapter 80-88, Laws of Florida, applies only to capital improve- ments made by a permit holder licensed under Chapter 550 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Seminole County, Florida to request that the Divi- sion of Pari-Mutuel wagering of the Department of Business Regula- CERTIFIED COPY ARTHUR M. BECKWITH, JR. CLERK OF THE CIRCUIT COURT SEMINOLE COUNTY, FLORIDA By Sandy Wall Deputy Clerk tion and the Florida Pari-Mutuel Commission not issue any permits or licenses for racing days in Seminole County until either A. The Legislature of the State of Florida revises Chapter 550, Florida Statutes, to clarify the status of new pari- mutuel facilities and whether or not such capital improvements are exempt from local regulation; or B. Local government has been granted the opportunity to determine whether the proposed pari-mutuel quarterhorse race track shall be placed within its jurisdiction in conformance with State and local laws. ADOPTED this 7th day of October, A. D., 1980. ATTEST: ARTHUR H. BECKWITH, JR., Clerk to the Board of County Commis- sioners of Seminole County, Florida. -2- CITY OF WINTER SPRINGS, FLORIDA TELEPHONE (305) 327-1800 WINTER SPRINGS, FLORIDA ZIP CODE 32708 October 13, 1980 DATE: MAYOR /COUNCIL RICHARD ROZANSKY CITY MANAGER OCTOBER 13, 1980 TO: FROM: SUBJECT: Proposed Sunshine Park Quarterhorse Racing Track ------------------------------------------------------------------------- The attached resolution is for your consideration.