HomeMy WebLinkAboutCity of Tamarac Resolution R-2021-039 Temp. Reso.13586
March 24, 2021
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2021--0:-1.{
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA,
EXPRESSING OPPOSITION TO PROPOSED
HOUSE BILL 1 AND SENATE BILL 484 ENTITLED
"AN ACT RELATED TO COMBATING PUBLIC
DISORDER," WHICH IMPOSES A CHILLING
EFFECT ON THE EXERCISING OF FIRST
AMENDMENT RIGHTS BY THE PUBLIC;
PROVIDING FOR DIRECTIONS TO THE CITY
CLERK; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, on January 6, 2021, Senate Bill 484 and a companion bill,
House Bill 1, entitled "An Act Related to Combating Public Disorder" ("legislation")
were filed in the Florida Legislature; and
WHEREAS, the legislation ostensibly aimed at curbing riots, violent protests
and the destruction of memorials, plaques, and structures that commemorate
historical people or events; and
WHEREAS, additionally, the legislation, as amended, creates a process for
the state attorney to file a petition to the Administration Commission within 30 days
after the municipality posts its tentative budget if the budget contains a funding
reduction to the operating budget of the municipal law enforcement agency and it
sets out an expedited process that the municipality must go through before the
budget reduction will be allowed; and
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Temp. Reso.13586
March 24, 2021
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WHEREAS, the legislation also creates civil liability for a municipality that •
intentionally obstructs or interferes with the ability of a municipal law enforcement
agency to provide reasonable law enforcement protection during a riot or unlawful
assembly and it waives sovereign immunity; and
WHEREAS, the legislation requires government officials to hold individuals
accused of committing crimes related to riots in jail until their first appearance and
enhances criminal penalties related to the riot or unlawful assembly; and
WHEREAS, the City of Tamarac believes that the legislation attacks free
speech rights and intentionally chills the act of peacefully protesting by threatening
overly harsh criminal penalties that will be imposed disproportionately on people
of color; and
WHEREAS, the City of Tamarac is vehemently opposed to its sovereign
immunity being waived allowing individuals to bring civil lawsuits against
municipalities for any amount of damages on an after-the-fact determination of
whether law enforcement's response to the unlawful assembly or riot was
reasonable; and
WHEREAS, if this legislation is passed, it creates another level of
bureaucracy related to the passage of a municipal budget and is a direct attack on
local home rule authority of a municipality; and
WHEREAS, if this legislation is passed, it could potentially increase the
financial burden of taxpayers by creating a new cause of action with no sovereign
immunity liability caps; and
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Temp. Reso.13586
March 24, 2021
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411
WHEREAS, the City Commission of the City of Tamarac, deems it to be in
the best interests of the citizens and residents of the City of Tamarac to approve
this resolution OPPOSING the bills related to "Combating Public Disorder".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA, THAT:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
Resolution.
SECTION 2: The City Commission hereby strongly OPPOSES Senate Bill
484 and House Bill 1 which are entitled "An Act Related to Combating Public
Disorder", which imposes a chilling effect on the exercising of First Amendment
• rights by the Public.
SECTION 3: The City Commission directs the City Clerk to transmit this
Resolution to Senator Burgess, Representative Fernandez-Barquin, Governor
Ron DeSantis, every member of the Broward County Legislative Delegation, the
Broward County League of Cities and the Florida League of Cities.
SECTION 4: This Resolution shall become effective immediately upon
adoption.
Temp. Reso.13586
March 24, 2021
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PASSED, ADOPTED AND APPROVED this Z4 day of Plait I-) 1111
2021.
MICHELLE J. G EZ
MAYOR
ATTEST:
C to li�l -
JENN ER JOHNSON, CMC
CITY CLERK
UU RECORD OF COMMISSION VOTE:
MAYOR GOMEZ
DIST 1: COMM. BOLTON
DIST 2: COMM.GELIN •
DIST 3: V/M VILLALOBOS
DIST 4: COMM. PLACKO
I HEREBY CERTIFY that I have
approved this RESOLUTION
as to form.
NS OTTINOT
CITY ATTORN
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