LTC 099-2019 WILTON MANORS RESOLUTIONS 2019-006, 2019-007, AND 2019-008 MIAMI BEACH
OFFICE OF THE CITY CLERK
No. 099-2019
LETTER TO COMMISSION
TO: Mayor Dan Gelber and Members of the ity Commission
FROM: Rafael E. Granado, City Clerk
DATE: February 21, 2019
SUBJECT: WILTON MANORS RESOLUTIONS 2019-006, 2019-007, AND 2019-008
Attached for your information are Resolutions Nos. 2019-006, 2019-007 and 2019-008, adopted
by the Mayor and Commission of the City of Wilton Maners on February 12, 2019.
RESOLUTION NO. 2019-006
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WILTON MANORS,
FLORIDA, SUPPORTING HOUSE BILL 109, A BILL BANNING CONVERSION
THERAPY; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS
RESOLUTION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
AND PROVIDING AN EFFECTIVE DATE.
RESOLUTION NO. 2019-007
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WILTON MANORS,
FLORIDA, IN SUPPORT OF PROTECTING LOCAL CONTROL OVER PUBLIC
STREETS AND PUBLIC ASSETS AND A CALL ON CONGRESS TO REAFFIRM SUCH
LOCAL CONTROL BY REVERSING RECENT FCC ACTIONS RELATED TO
WIRELESS FACILITIES BY ENACTING H.R. 530; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
RESOLUTION NO. 2019-008
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WILTON MANORS,
FLORIDA, URGING ALL MEMBERS OF THE FEDERAL LEGISLATURE TO SUPPORT
H.R. 8 AND OTHER SIMILAR LEGISLATION REQUIRING BACKGROUND CHECKS
FOR ALL FIREARM SALES; DIRECTING CITY ADMINISTRATION TO TRANSMIT A
COPY OF THIS RESOLUTION; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
The City of Wilton Manors Clerk has requested that a copy of these resolutions be provided to
the Miami Beach Mayor and Commissioners.
If you have any questions, please contact the Office of the City Clerk at 305.673.7411.
REG/Ic
Attachments
F:\CLER\$ALL\LILIA\LTC's-Transmittal's\Resolutions 2019-006 2019-007 2019-008 Wilton Maners.docx
1 RESOLUTION NO. 2019-006
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY
4 OF WILTON MANORS, FLORIDA, SUPPORTING HOUSE
5 BILL 109, A BILL BANNING CONVERSION THERAPY;
6 DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF
7 THIS RESOLUTION; PROVIDING FOR CONFLICTS;
8 PROVIDING FOR SEVERABILITY; AND PROVIDING AN
9 EFFECTIVE DATE.
10
11 WHEREAS, House Bill 109 ("HB 109") has been filed in the 2019 Florida
12 Legislature that proposes to ban a person who is licensed to provide professional
13 counseling or a practitioner who is licensed under provisions regulating the practice of
14 medicine,osteopathic medicine, psychology, clinical social work, marriage and family
15 therapy,or mental health counseling from practicing or performing conversion therapy
16 for an individual who is younger than 18; and
17 WHEREAS,HB 109 proposes to create s. 456.064, F.S., which, among other
18 things, defines the term "conversion therapy" as "any practice or treatment performed
19 with the goal of changing an individual's sexual orientation, including but not limited
20 to, efforts to change behavior, gender identity, or gender expression, or to reduce or
21 eliminate sexual or romantic attraction or feelings toward a person of the same
22 gender..."; and
23 WHEREAS, on September 13, 2016, the City of Wilton Manors enacted
24 Ordinance No. 2016-009 amending Chapter 12 of the Code Ordinances of the City of
25 Wilton Manors, entitled "Miscellaneous Offenses" by creating Article IV, entitled
26 "Sexual Orientation or Gender Identity Change Efforts," to prohibit licensed
27 professionals from engaging in counseling efforts,practices or treatment with the goal to
28 change a minor's sexual orientation or gender identity(`Ordinance");and
(00278337.1 2976-9201291) Page 1 of 5
1 WHEREAS, in the Ordinance the City Commission adopted the following
2 legislative findings("legislative findings"):
3 WHEREAS, the American Psychiatric Association published a
4 position statement in December 1998 opposing any psychiatric
5 treatment, including reparative or conversion therapy, which therapy
6 regime is based upon the assumption that homosexuality per se is a
7 mental disorder or that a patient should change his or her homosexual
8 orientation; and
9
10 WHEREAS, the American Psychological Association's Task
11 Force on Appropriate Therapeutic Responses to Sexual Orientation
12 ("APA Task Force")concluded that sexual orientation change efforts can
13 pose critical health risks to lesbian, gay, and bisexual people, including,
14 among other things, confusion, depression, social withdrawal,
15 suicidality, substance abuse, self-hatred, high-risk sexual behavior, and a
16 feeling of being dehumanized; and
17
18 WHEREAS, following the report issued by the APA Task Force,
19 the American Psychological Association issued a resolution in 2009 on
20 Appropriate Affirmative Responses to Sexual Orientation Distress and
21 Change Efforts, advising parents, guardians, young people, and their
22 families to avoid sexual orientation change efforts that portray
23 homosexuality as a mental illness or developmental disorder and
24 encouraging psychotherapy, social support, and educational services that
25 provide accurate information on sexual orientation sand sexuality,
26 increased family and school support, and reduced rejection of sexual
27 minority youth; and
28
29 WHEREAS, The American Academy of Child and Adolescent
30 Psychiatry published a statement in 2012 in its journal that "[g]iven that
31 there is no evidence that efforts to alter sexual orientation are effective,
32 beneficial or necessary, and the possibility that they carry the risk of
33 significant harm, such interventions are contraindicated"; and
34
35 WHEREAS,the American Academy of Pediatrics, the American
36 Medical Association Council of Scientific Affairs, the National
37 Association of Social Workers, the American Counseling Association
38 Governing Council, The American School Counselor Association, and
39 the American Psychoanalytic Association have each asserted in reports
40 or position statements that sexual orientation change efforts, including
41 reparative therapy or conversion therapy, are not recommended and may
42 be harmful; and
43
(00278337.1 2976-92012911 Page 2 of 5
1 WHEREAS, the Pan American Health Organization issued a
2 statement in 2012 that "[t]hese supposed conversion therapies constitute
3 a violation of the ethical principles of health care and violate human
4 rights that are protected by international and regional agreements"; and
5
6 WHEREAS, the Substance Abuse and Mental Health Services
7 Administration of the United States Department of Health and Human
8 Services issued a report in 2015 examining the scientific literature on
9 conversion therapy and concluded that "conversion therapy — efforts to
10 change an individual's sexual orientation, gender identity or gender
11 expression—is a practice that is not supported by credible evidence" and
12 that"may put young people at risk of serious harm"; and
13
14 WHEREAS, the City of Wilton Manors ("City") has a
15 compelling interest in protecting the physical and psychological well-
16 being of minors, including lesbian, gay, bisexual, transgender and
17 questioning youth, and in protecting its minors against exposure to
18 serious harms caused by sexual orientation and gender identity change
19 efforts; and
20
21 WHEREAS, the City Commission hereby finds that being
22 lesbian, gay, bisexual or transgender is not a disease, disorder, illness,
23 deficiency, or shortcoming, and that research has demonstrated sexual
24 orientation and gender identity change efforts can pose critical health
25 risks to lesbian, gay bisexual, or transgender persons; and
26
27 WHEREAS, it is the desire of the Wilton Manors City
28 Commission to prohibit, within the geographic boundaries of the City,
29 the use of sexual orientation or gender identity change efforts with
30 minors, including reparative and conversion therapy, which have been
31 demonstrated to be harmful to the physical psychological well-being of
32 lesbian, gay bisexual, and transgender persons; and
33
34 WHEREAS, the City Commission ratifies and readopts the legislative
35 findings; and
36 WHEREAS, on October 16, 2017, the Broward County Human Rights Board
37 unanimously voted in favor of recommending that the County Commission adopt a
38 ban prohibiting conversion therapy on minors by licensed practitioners; and
(002783371 2976-92012911 Page 3 of 5
1 WHEREAS, the City Commission of the City of Wilton Manors believes the
2 adoption of HB 109 would be in the best interests of the residents and businesses of the
3 City of Wilton Manors and the State of Florida.
4 NOW,THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
5 OF THE CITY OF WILTON MANORS,FLORIDA,THAT:
6 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and
7 confirmed as being true and correct and are incorporated herein by this reference.
8 Section 2. The City Commission of the City of Wilton Manors urges all
9 members of the Florida House of Representatives, the Florida Senate, and the
10 Governor to support and enact House Bill 109 and any substantially similar
11 legislation.
12 Section 3. The City Commission further directs City Administration to
13 transmit a copy of this Resolution to the Broward League of Cities,the Florida League of
14 Cities, the Broward County Legislative Delegation, the Palm Beach County League of
15 Cities,the Miami Dade County League of Cities and any other interested parties.
16 Section 4. All Resolutions or parts of Resolutions in conflict herewith, be
17 and the same are repealed to the extent of such conflict.
18 Section 5. If any section,sentence,clause or phrase of this Resolution is held
19 to be invalid or unconstitutional by any court of competent jurisdiction,then said holding
20 shall in no way affect the validity of the remaining portions of this Resolution.
21 Section 6. This Resolution shall become effective immediately upon its
22 passage and adoption.
23
(00278337.129769201291) Page 4 of 5
1 PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF
2 WILTON MANORS,FLORIDA,THISi DAY OF FEBRUARY,2019.
3
4 CITY OF WILTON MANORS,FLORIDA
5
6 • f
7 By: _tom
8 PI•.TIN S. FLIPPEN, ' 1 OR
9
10 Al EST: '4 CORD OF COMMISSION VOTE
11
12 ( _ If f ' 1� '`tom MAYOR FLIPPEN
13 AITH L• •I: • • DO VICE MAYOR GREEN ( ,,a
14 CITY CLERK COMMISSIONER CARSON 4 _,
15 COMMISSIONER RESNICK L
16 COMMISSIONER ROLLI / ',
17 I HEREBY CERTIFY that I have
18 approved the form of this Resolution.
120 As
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21 A.
22 - •.• L. 'OL,ESQ.
23 CI ' •TTORNEY
24
25
26
27
CITY OF WILTON MANORS
COUNTY OF BROWARD
STATE OF FLORIDA
I above and foregoing is a t6 rue and IFY that the
cor ct cop of
as filed in my office.
WITNESS my hand and official
seal in the City of Wilton Manors,
Broward ounty, Florida, this
day of - ._.__ 20 %.
J' 6r1• OCtilk
(0027833712976-9201291) Page 5 of 5
1 RESOLUTION NO.2019-007
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE
4 CITY OF WILTON MANORS, FLORIDA IN SUPPORT OF
5 PROTECTING LOCAL CONTROL OVER PUBLIC STREETS
6 AND PUBLIC ASSETS AND A CALL ON CONGRESS TO
7 REAFFIRM SUCH LOCAL CONTROL BY REVERSING
8 RECENT FCC ACTIONS RELATED TO WIRELESS
9 FACILITIES BY ENACTING H.R. 530; PROVIDING FOR
10 CONFLICTS; PROVIDING FOR SEVERABILITY; AND
11 PROVIDING AN EFFECTIVE DATE.
12
13 WHEREAS, local governments have long been the stewards of local public
14 streets and public assets (such as street lighting)vital to ensure the free flow people and
15 goods and to maintain vibrant communities;and
16 WHEREAS, local governments have long advocated for universal access to
17 reliable, high-speed broadband services, as these services are critical for the delivery of
18 education, economic development, employment, and a variety of essential services
19 necessary for success and progress in the 21st century; and
20 WHEREAS, local governments have been leaders in developing innovative
21 solutions for ensuring reliable, high-speed broadband wireline and wireless services are
22 widely available in their communities through their management of public streets and of
23 other public assets in a manner that balances the competing interests and needs of
24 various constituents; and
25 WHEREAS, by means of orders issued on August 2, 2018 and September 26,
26 2018, the Federal Communications Commission took unprecedented, sweeping action
27 to prevent local governments from effectively managing public assets and to severely
28 compromise their ability to manage the public streets effectively and equitably, taking
29 into account considerations for public safety, public utility services such as water,
10027!440.129769201291) 1
1 sewer, and electricity, the travelling public, environmental concerns, and economic
2 development; and further effectively requires local taxpayers to subsidize use of public
3 streets and other public assets by the wireless industry; and
4 WHEREAS, Representative Anna Eshoo has introduced H.R. 530, legislation
5 to overturn the FCC's actions of August 2 and September 26,2018.
6 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
7 OF THE CITY OF WILTON MANORS,FLORIDA,THAT:
8 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and
9 confirmed as being true and correct and incorporated herein by this reference.
10 Section 2. The City Commission of the City of Wilton Manors thanks
11 Congresswoman Eshoo for her leadership and calls on Congress to enact, and President
12 Trump to sign H.R. 530, or similar legislation to invalidate the recent actions taken by
13 the Federal Communications Commission.
14 Section 3. The City Commission directs the City Attorney to arrange for
15 filing this Resolution in appropriate FCC proceedings, and directs the City Clerk to
16 transmit a copy of this Resolution to Representative Anna Eshoo,the National League of
17 Cities, the Broward League of Cities, the Florida League of Cities, the Broward County
18 Legislative Delegation, the Federal Communications Commission, the United States
19 Congressional Delegation for Florida and any other interested parties.
20 Section 4. All Resolutions or parts of Resolutions in conflict herewith, be and
21 the same are repealed to the extent of such conflict.
22 Section 5. If any section, sentence, clause or phrase of this Resolution is
23 held to be invalid or unconstitutional by any court of competent jurisdiction, then said
(00278440.1 2976-9201291) 2
1 holding shall in no way affect the validity of the remaining portions of this Resolution.
2 Section 6. This Resolution shall become effective immediately upon its
3 passage.
4 PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF
5 WILTON MANORS,FLORIDA,THIS 0.ftlAY OF FEBRUARY,2019.
6
7 CITY OF WILTON MANORS,FLORIDA
8
9
10
By:
11 'i TIN S.FLIPP , (OR
12
13 A A, ST: ' CORD OF COMMISSION VOTE
14 Air
15 arP►.."``iV 1J MAYOR FLIPPEN
16 ' TH req.ARDO VICE MAYOR GREEN =I;ki
17 CITY CLERK COMMISSIONER CARSON may,
18 COMMISSIONER RESNICK 4
19 COMMISSIONER ROLLI4. i
20 I HEREBY CERTIFY that I have
21 approv-• the form of this Resolution.
22 dp23
24 4
25 . 1?" .; ''t ,ESQ
• 26 CIT • ' O'
27
28
29
30
•TY OF WILTON MANORS
")IJNTY OF BROWARD •
Ii-TE OF FLORIDA
I HEREBY CERTIFY that the
.:hove and foregoing is a true and
:orrect copy of
" j.rx,kyks.tr� 1G--nen
as filed in my office.
WITNESS my hand and official
seal in the City of Wilton Manors,
Broward Count , Florida, this kC1,44`
day of '- •,l . . L ,� 2.'t 1
I / ` Y
Cry : k
i002711440.1 297-9201291) - 3
1 RESOLUTION NO. 2019-008
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY
4 OF WILTON MANORS, FLORIDA, URGING ALL MEMBERS
5 OF THE FEDERAL LEGISLATURE TO SUPPORT H.R. 8 AND
6 OTHER SIMILAR LEGISLATION REQUIRING BACKGROUND
7 CHECKS FOR ALL FIREARM SALES; DIRECTING CITY
8 ADMINISTRATION TO TRANSMIT A COPY OF THIS
9 RESOLUTION; PROVIDING FOR CONFLICTS; PROVIDING
10 FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE
11 DATE.
12
13 WHEREAS, H.R. 8 was introduced on January 8, 2019, by Rep. Mike
14 Thompson, and as of January 11,2019, had bipartisan support from 178 cosponsors; and
15 WHEREAS, currently Federal Law requires licensed firearm dealers to perform
16 background checks on prospective purchasers, it does not require unlicensed sellers to do
17 so; and
18 WHEREAS, according to the Giffords Law Center To Prevent Gun Violence:
19 a. "A 2017 study estimated that 22% of US gun owners acquired their most
20 recent firearm without a background check—that translates to millions of
21 Americans acquiring millions of guns,no questions asked, each year";
22 b. "According to the US Department of Justice, because federal law fails to
23 require background checks by every person who sells or transfers a gun—a
24 policy known as universal background checks "individuals prohibited by law
25 from possessing guns can easily obtain them from private sellers and do so
26 without any federal records of the transactions";
27 c. "In addition, because federal law does not require private sellers to inspect a
28 buyer's driver's license or any other identification, there is no obligation for
29 such sellers to confirm that a buyer is of legal age to purchase a firearm. 'The
(00274805.1 29769201290 Page 1 of 3
1 private-party gun market," one study observed, 'has long been recognized as a
2 leading source of guns used in crimes'.
3 WHEREAS, H.R. 8 would extend existing background check requirements to
4 almost all gun sales and most gun transfers, including Internet sales, at gun shows and
5 person-to-person transactions, with certain exemptions for law enforcement, military
6 and immediate family;and
7 WHEREAS, the City Commission of the City of Wilton Manors believes the
8 adoption of H.R. 8 would be in the best interests of the residents and businesses of the City
9 of Wilton Manors and the State of Florida.
10 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
11 OF THE CITY OF WILTON MANORS,FLORIDA,THAT:
12 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and
13 confirmed as being true and correct and are incorporated herein by this reference.
14 Section 2. The City Commission of the City of Wilton Manors urges all
15 members of the Federal Legislature to support the adoption of H.R. 8 and any other similar
16 legislation.
17 Section 3. The City Commission further directs City Administration to
18 transmit a copy of this Resolution to the Broward League of Cities, the Florida League of
19 Cities,the Palm Beach County League of Cities,the Miami Dade County League of Cities,
20 the National League of Cities, the United States Conference of Mayors, the United States
21 Congressional Delegation from Florida,and any other interested parties.
22 Section 4. All Resolutions or parts of Resolutions in conflict herewith, be and
23 the same are repealed to the extent of such conflict.
10027480}.1 2976-92012911 Page 2 of 3
1 Section 5. If any section, sentence, clause or phrase of this Resolution is held
2 to be invalid or unconstitutional by any court of competent jurisdiction, then said holding
3 shall in no way affect the validity of the remaining portions of this Resolution.
4 Section 6. This Resolution shall become effective immediately upon its
5 passage and adoption.
6 PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF
7 WILTON MANORS,FLORIDA,THIS 44bAY OF FEBRUARY,2019.
8
9 CITY OF WILTON MANORS, FLORIDA
10
11
12 By: I , , Ad;
13 ��
STIN S. FLIPPEN, f'OR
14
15 ATT .T: ' CORD OF COMMISSION VOTE
16 / 1
17 O t (, � MAYOR FLIPPEN _•
18 F ITH L S I CARD() VICE MAYOR GREEN .
19 CITY CLERK ''
20 COMMISSIONER CARSON !aZ
COMMISSIONER RESNICK 4
21 COMMISSIONER ROLLI ;
If �
22 I HEREBY CERTIFY that I have
23 approv,• the form of this Resolution.
24
25 .,
26 /16
27 ; ' L. EZ?O
28 IT bp ORNEY
29
30 :ITY OF WILTON MANORS
•
31 :OUNTY OF BROWARD
32 NATE OF FLORIDA
33 I HEREBY CERTIFY that the
34 a hove and foregoi g is a true and
35 correct copy of \ or f i -�Csr
36 as filed in my office.
WITNESS my hand and official
seal in the City of Wiltonnors
Broward ounty, Florida, this •I
day of : .s • A 2i` /
100274805 I 29764201291; a -
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