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HomeMy WebLinkAboutCity of Tamarac Resolution R-2021-039 Temp. Reso.13586 March 24, 2021 Page 1 of 4 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 • Temp. Reso.13586 March 24, 2021 Page 2 of 4 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 • Temp. Reso.13586 March 24, 2021 Page 3 of 4 411 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 Page 4 of 4 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 •