Resolution 2023-32611RESOLUTION NO., 2023-32611
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, STRONGLY CONDEMNING THE FOLLOWING
BILLS PASSED DURING THE 2023 FLORIDA LEGISLATIVE SESSION:
HOUSE BILL 543 (ALLOWING PERMITLESS CARRY OF CONCEALED
FIREARMS), HOUSE BILL 1438 (TARGETING THE LGBTQ+ COMMUNITY
AND FREEDOM OF EXPRESSION), HOUSE BILL 1069 (EXPANDING THE
INFAMOUS "DON'T SAY GAY" BILL TO PREK-8), SENATE BILL 300/HOUSE
BILL 7 (BANNING ACCESS TO ABORTION AFTER SIX WEEKS), HOUSE
BILL 1521 (FORCING TRANSGENDER INDIVIDUALS TO USE RESTROOMS
CONTRARY TO THEIR IDENTITY), HOUSE BILL 1417/SENATE BILL 1586
(PREEMPTING LOCAL GOVERNMENT REGULATION OF RESIDENTIAL
TENANCIES, INCLUDING THE 60-DAY FAIR NOTICE TO TENANTS LAW
INITIATED BY THE CITY OF MIAMI BEACH AND THE LANDLORD -TENANT
RELATIONSHIP TO THE STATE), AND SENATE BILL 718 (SIGNIFICANTLY
LIMITING THE ABILITY OF VOTERS IN LOCAL ELECTIONS TO DIRECTLY
APPROVE CERTAIN INCREASES IN ZONED FLOOR AREA RATIO BY
VOTER REFERENDUM), AS THESE AFOREMENTIONED BILLS THAT
TARGET THE PUBLIC SAFETY, REPRODUCTIVE HEALTHCARE RIGHTS,
CIVIL RIGHTS, TENANTS' RIGHTS, AND PROPERTY RIGHTS OF
FLORIDIANS FAIL TO REPRESENT THE VALUES OF THE CITY OF MIAMI
BEACH; AND DIRECTING THE CITY CLERK TO SEND A COPY OF THIS
RESOLUTION TO STATE REPRESENTATIVE FABIAN BASABE.
WHEREAS, the 2023 Florida Legislative session has passed an alarming number of bills
that jeopardize public safety, reproductive healthcare rights, and civil rights of Floridians; and
WHEREAS, on April 11, 2023, the Florida Senate voted to pass Senate Bill 1438 (SB
1438), a bill that grants state agencies the power to target LGBTQ+ friendly businesses by
giving the Department of Business and Professional Regulation discretionary authority to fine,
revoke liquor licenses, and even shut down establishments; and
WHEREAS, while Senate Bill 1438 doesn't explicitly mention drag shows, it makes it a
crime to admit young people to any performance, exhibit, play, or show that any state agency
official determines, in their sole discretion, is somehow inappropriate, even if the child's parents
think it is appropriate for their family; and
WHEREAS, SB 1438 also prohibits municipalities, counties and other governments from
issuing permits for events that feature such performances, and should a government issue a
permit for an event that goes on to violate SB 1438, the event organizer named in the permit
would face a first -degree misdemeanor; and
WHEREAS, on April 13, 2023, Governor Ron DeSantis signed House Bill 7/Senate Bill
300, which bans access to abortion after six weeks and criminalize doctors who offer abortion
care to patients after six weeks — before many patients even know they are pregnant; and
WHEREAS, on April 19, 2023, Florida Legislature passed House Bill 1521, which
prohibits gender -inclusive restrooms and changing facilities in private businesses, healthcare
facilities, schools, public shelters, and jails, threatening transgender Floridians' fundamental
human rights and safety; and
WHEREAS, Governor DeSantis also signed into effect House Bill 543, which eliminates
background checks, training, and fees for a concealed -carry weapons license, jeopardizing the
safety of Floridians and visitors — studies show that permitless carry makes public spaces more
dangerous for everyone, including police officers; and
WHEREAS, Florida Legislature also advanced House Bill 1069, which seek to expand
Florida's infamous "Don't Say Gay" bill to include prekindergarten to eighth grade in its
restrictions, and prohibits students and employees alike in K-12 public schools from providing
any pronoun that doesn't correspond with their assigned "sex" at birth, among other changes;
and
WHEREAS, furthermore, on April 26, 2023, the Florida Legislature voted to pass House
Bill 1417/Senate Bill 1586, which are identical companion bills that preempt local government
regulation of residential tenancies and the landlord -tenant relationship to the state; and
WHEREAS, specifically, the bills would supersede any local government regulation on
matters covered in the Florida Residential Landlord and Tenant Act, including but not limited to
the following:
• The screening process used by a landlord in approving tenancies;
• Security deposits;
• Rental agreement applications and fees associated with such applications;
• Terms and conditions of rental agreements;
• The rights and responsibilities of the landlord and tenant;
• Disclosures concerning the premises, the dwelling unit, the rental agreement, or the
rights and responsibilities of the landlord and tenant;
• Fees charged by the landlord; or
• Notice requirements; and
WHEREAS, if SB 1586, HB 1417, or similar legislation is enacted, the City's ordinance
requiring residential landlords to give their tenants at least 60 days written notice before
imposing a rent increase greater than 5% may be preempted, rendering the protections adopted
by the City ineffective; and
WHEREAS, lastly, on May 2, 2023, Florida Legislature voted to pass Senate Bill 718,
which will significantly limit the ability of the City's voters to directly approve certain increases in
zoned floor area ratio by voter referendum; and
WHEREAS, all of these bills, that have already been enacted or are in the process of
being enacted, will negatively affect public safety, reproductive rights, civil rights, and financial
wellbeing of Floridians; and
WHEREAS, at its May 9t", 2023 meeting, the City's LGBTQIA+ Advisory Committee
passed a unanimous motion advising the City of Miami Beach to declare moral and
philosophical opposition to the anti-LGBTQIA+ legislation being adopted by the Florida
Legislature and to reaffirm Miami Beach's commitment to being a diverse, equitable, and
inclusive community while still bound by the laws of the state (attached hereto as "Exhibit A" );
and
2
WHEREAS, the Mayor and City Commission strongly condemn and express :profound
disappointment with all the aforementioned bills that will hurt rather than benefit the people of
Florida, in direct contradiction of the duties and responsibilities of elected public servants.
NOW, THEREFORE, BE IT DULY_ RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE. CITY OF. MIAMI BEACH, FLORIDA, that the Mayor and. City
Commission hereby strongly condemn the following bills passed during..the 2023 Florida
Legislative session: House Bill 543 (allowing permitless carry of concealed frearms), House Bill
1438. (targeting the LGBTQ+ community and freedom of expression), House. Bill 1069
(expanding. the infamous "Don't Say Gay'. bill), Senate Bill 300/House Bill 7 (banning access to
abortion after six weeks), House Bill 1521 (forcing .transgender individuals. to use restrooms
contrary to their identity), House Bill 1417/Senate Bill 1586 (preempting _. local government
regulation of residential tenancies, including the 60-day fair notice to tenants law initiated by the
City of.Miami Beach, and the landlord -tenant relationship to the state), and Senate Bill 718
(significantly limiting the ability of voters in local elections to directly approve certain increases in
zoned floor area ratio. - by voter referendum),, as these: aforementioned bills that target the public
safety, reproductive- healthcare rights, civil. rights, tenants' rights, and property rights -of
Floridians fail to represent the values of the City of Miami Beach; and direct the City Clerk to
send a copy of this Resolution to State Representative Fabian Basa.be.
PASSED and ADOPTED this /7 day of¢ 2023.
ATTEST:
JUN 1. Zo2 Dan Gelber; Mayor
G I t3
Rafa l 'E: Granado, City Clerk
(sponsored by Commissioner Alex J. Fernandez and Commissioner Laura Dominguez).
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION,
G — G- Z.3
City Attvmetyt,/ Datd
3
MIAMI BEACH
OFFICE OF THE CITY CLERK
LETTER TO COMMISSION
TO: Mayor Dan Gelber and Members of the City Commission
FROM: Rafael E. Granado, City Clerk
DATE: May 121h, 2023
SUBJECT: Motion from the LGBTQIA+ Advisory Committee re: Anti-LGBTQIA+ State Laws
The purpose of this Letter to Commission is to inform the body of the motion made by the
LGBTQIA+ Advisory Committee at the May 9th; 2023 meeting.
The LGBTQIA+ Advisory Committee advises the .City of Miami .Beach to .
declare moral and philosophical opposition to the-.anti-LGBTQIA+, laws coming out of,
Tallahassee and reaffirming Miami Beach's commitment to being a diverse, 'equitable,
and inclusive community while still bound by the laws of the state.
The motion was. made by Paul Thomas and seconded by Michael Bath.
Motion passage: Unanimous (9-0)
Members present for motion vote included:
Steve Adkins (Chair)
Michael Bath (Vice Chair)
Alan Fishman
.'Lauren Foster
Eddie Marti Kring
Laurence Moser
William Schachte
Paul Thomas
Lymari Veloz
Members absent for motion vote included:
Hortense de Castro
Lexi Goza
Tony Michael
Adrian Molina
Herb Sosa
For any questions or concerns please feel free, to contact Brian Garces, Committee Liaison.
Exhibit "A..
Resolutions - C7 N
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael A. Paz, City Attorney
DATE: May 17, 2023
SUBJECT. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, STRONGLY CONDEMNING THE
FOLLOWING BILLS PASSED DURING THE 2023 FLORIDA LEGISLATIVE
SESSION: HOUSE BILL 543 (ALLOWING PERMITLESS CARRY OF
CONCEALED FIREARMS), HOUSE BILL 1438 (TARGETING THE LGBTQ+
COMMUNITY AND FREEDOM OF EXPRESSION), HOUSE BILL 1069
(EXPANDING THE INFAMOUS "DON'T SAY GAY' BILL TO PREK-8),
SENATE BILL 300/HOUSE BILL 7 (BANNING ACCESS TO ABORTION
AFTER SIX WEEKS), HOUSE BILL 1521 (FORCING TRANSGENDER
INDIVIDUALS TO USE RESTROOMS CONTRARY TO THEIR IDENTITY),
HOUSE BILL 1417/SENATE - BILL 1586 (PREEMPTING LOCAL
GOVERNMENT REGULATION OF RESIDENTIAL TENANCIES,
INCLUDING THE 60-DAY FAIR NOTICE TO TENANTS LAW INITIATED BY
THE CITY OF MIAMI BEACH. AND THE LANDLORD -TENANT
RELATIONSHIP TO THE STATE), AND SENATE BILL 718 (SIGNIFICANTLY
LIMITING THE ABILITY OF VOTERS IN LOCAL ELECTIONS TO
DIRECTLY APPROVE CERTAIN INCREASES IN ZONED FLOOR AREA
RATIO BY VOTER REFERENDUM); AND EXPRESSING PROFOUND
DISAPPOINTMENT WITH THE FLORIDA LEGISLATURE -FOR THE
PASSAGE OF THE AFOREMENTIONED BILLS THAT TARGET THE
PUBLIC SAFETY, REPRODUCTIVE HEALTHCARE RIGHTS, CIVIL
RIGHTS, TENANTS' RIGHTS, AND PROPERTY RIGHTS OF FLORIDIANS,
AND WHICH FAIL TO REPRESENT THE VALUES OF THE CITY OF MIAMI
BEACH.
ANALYSIS
Pursuant to the request of Commissioner Alex Fernandez, the above -referenced Resolution is
submitted for consideration by the Mayor and City Commission at the May 17, 2023
Commission meeting.
SUPPORTING SURVEY DATA
N/A
Page 348 of 945
FINANCIAL INFORMATION
N/A
Is this a "Residents Right
to Know" item. pursuant to
Citv Code Section 2-14?
Legislative Tracking
Office of the City Attorney
Sponsor
Commissioner Alex Fernandez
ATTACHMENTS:
Description
o Resolution
Does this item utilize G.O.
Bond Funds?
No
Page 349 of 945
MIA/M I BEACH
OFFICE OF THE CITY CLERK
220-2023
LETTER TO COMMISSION
TO: Mayor Dan Gelber and Members of the.City Commission
FROM: Rafael E. Granado, Co Clerk
DATE: May 12, 2023
SUBJECT: Motion from the LGBTQIA+ Advisory Committee re: Anti-LGBTQIA+ State Laws
The purpose of this Letter to Commission is to inform the body of the motion made by the LGBTQIA+
Advisory Committee at the May 9, 2023 meeting.
The LGBTQIA+ Advisory Committee advises the City of Miami Beach to declare moral and .
philosophical opposition to the anti-LGBTQIA+ laws coming out of Tallahassee and
reaffirming Miami Beach's commitment to being a diverse, equitable, and inclusive community
while still bound by the laws of the state.
The motion was made by Paul Thomas and seconded by Michael Bath.
Motion passage: Unanimous (9-0)
Members present for the motion vote included:
Steve Adkins (Chair)
Michael Bath (Vice Chair)
Alan Fishman
Lauren Foster
Eddie Marti Kring
Laurence Moser
William Schachte
Paul Thomas
Lymari Veloz
Members absent for the motion vote included:
Hortense de Castro
Lexi Goza
Tony Michael
Adrian Molina
Herb Sosa
For any questions or concerns please feel free to contact Brian Garces, Committee Liaison.
MIAMI BEACH
OFFICE OF THE CITY CLERIf
220-2023
LETTER TO COMMISSION
TO: Mayor Dan Gelber and Members of the City Commission
FROM: Rafael E. Granado, Coy Clerk
DATE: May 12, 2023
SUBJECT: Motion from the LGBTQIA+ Advisory Committee re: Anti-LGBTQIA+ State Laws
The purpose of this Letter to Commission is to inform the body of the motion made by the LGBTQIA+
Advisory Committee at the May 9, 2023 meeting.
The LGBTQIA+ Advisory Committee advises the City of Miami Beach to declare moral and
philosophical opposition to the ariti-LGBTQIA+ laws coming out of Tallahassee and
reaffirming Miami Beach's commitment to being a diverse, equitable, and inclusive community
while still bound by the laws of the state.
The motion was made by Paul Thomas and seconded by Michael Bath.
Motion passage: Unanimous (9.0)
Members present for the motion vote included:
Steve Adkins (Chair)
Michael Bath (Vice Chair)
Alan Fishman
Lauren Foster
Eddie Marti Kring
Laurence Moser
William Schachte
Paul Thomas
Lymari Veloz
Members absent for the motion vote included:
Hortense de Castro
Lexi Goza
Tony Michael
Adrian Molina
Herb Sosa
For any questions or concerns please feel free to contact Brian Garces, Committee Liaison.
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
Office of the City Clerk
Tel: 305-673-7411
June 14, 2023
Representative Fabian Basabe
1101 The Capitol
402 South Monroe Street
Tallahassee, FL 32399
Dear Representative Fabian Basabe,
Attached please find a copy of City of Miami Beach Resolution No. 2023-32611:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH. FLORIDA. STRONGLY CONDEMNING THE FOLLOWING BILLS
PASSED DURING THE 2023 FLORIDA LEGISLATIVE SESSION: HOUSE BILL
543 (ALLOWING PERMITLESS CARRY OF CONCEALED FIREARMS), HOUSE
BILL 1438 (TARGETING THE LGBTQ+ COMMUNITY AND FREEDOM OF
EXPRESSION), HOUSE BILL 1069 (EXPANDING THE INFAMOUS "DON'T SAY
GAY" BILL TO PREK-8), SENATE BILL 300/HOUSE BILL 7 (BANNING ACCESS
TO ABORTION AFTER SIX WEEKS), HOUSE BILL 1521 (FORCING
TRANSGENDER INDIVIDUALS TO USE RESTROOMS CONTRARY TO THEIR
IDENTITY), HOUSE BILL 1417/SENATE BILL 1586 (PREEMPTING LOCAL
GOVERNMENT REGULATION OF RESIDENTIAL TENANCIES, INCLUDING
THE 60-DAY FAIR NOTICE TO TENANTS LAW INITIATED BY THE CITY OF
MIAMI BEACH AND THE LANDLORD -TENANT RELATIONSHIP TO THE
STATE), AND SENATE BILL 718 (SIGNIFICANTLY LIMITING THE ABILITY OF
VOTERS IN LOCAL ELECTIONS TO DIRECTLY APPROVE CERTAIN
INCREASES IN ZONED FLOOR AREA RATIO BY VOTER REFERENDUM), AS,
THESE AFOREMENTIONED BILLS THAT TARGET THE PUBLIC SAFETY.
REPRODUCTIVE HEALTHCARE RIGHTS, CIVIL RIGHTS. TENANTS' RIGHTS.
AND PROPERTY RIGHTS OF FLORIDIANS FAIL TO REPRESENT THE
VALUES OF THE CITY OF MIAMI BEACH; AND DIRECTING THE CITY CLERK
TO SEND A COPY OF THIS RESOLUTION TO STATE REPRESENTATIVE
FABIAN BASABE.
(Sponsored by Commissioner Alex J. Fernandez and Commissioner Laura
Dominguez)
This Resolution was passed and adopted by the Mayor and City Commission of the City of Miami
Beach on May 17, 2023.
Res
pectful,
Raf. Granado
City Clerk
c: Commissioner Alex J. Fernandez
Commissioner Laura Dominguez
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
Office of the City Clerk
Tel: 305-673-7411
June 14, 2023
Representative Fabian Basabe
North Bay Village City Hall, Suite 300
1666 Kennedy Causeway
North Bay Village, FL 33141-4190
Dear Representative Fabian Basabe,
Attached please find a copy of City of Miami Beach Resolution No. 2023-32611:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH. FLORIDA. STRONGLY CONDEMNING THE FOLLOWING BILLS
PASSED DURING THE 2023 FLORIDA LEGISLATIVE SESSION: HOUSE BILL
543 (ALLOWING PERMITLESS CARRY OF CONCEALED FIREARMS), HOUSE
BILL 1438 (TARGETING THE LGBTQ+ COMMUNITY AND FREEDOM OF
EXPRESSION), HOUSE BILL 1069 (EXPANDING THE INFAMOUS "DON'T SAY
GAY" BILL TO PREK-8), SENATE BILL 300/HOUSE BILL 7 (BANNING ACCESS
TO ABORTION AFTER SIX WEEKS), HOUSE BILL 1521 (FORCING
TRANSGENDER INDIVIDUALS TO USE RESTROOMS CONTRARY TO THEIR
IDENTITY), HOUSE BILL 1417/SENATE BILL 1586 (PREEMPTING LOCAL
GOVERNMENT REGULATION OF RESIDENTIAL TENANCIES, INCLUDING
THE 60-DAY FAIR NOTICE TO TENANTS LAW INITIATED BY THE CITY OF
MIAMI BEACH AND THE LANDLORD -TENANT RELATIONSHIP TO THE
STATE), AND SENATE BILL 718 (SIGNIFICANTLY LIMITING THE ABILITY OF
VOTERS IN LOCAL ELECTIONS TO DIRECTLY APPROVE CERTAIN
INCREASES IN ZONED FLOOR AREA RATIO BY VOTER REFERENDUM), AS
THESE AFOREMENTIONED BILLS THAT TARGET THE PUBLIC SAFETY.
REPRODUCTIVE HEALTHCARE RIGHTS, CIVIL RIGHTS. TENANTS' RIGHTS.
AND PROPERTY RIGHTS OF FLORIDIANS FAIL TO REPRESENT THE
VALUES OF THE CITY OF MIAMI BEACH; AND DIRECTING THE CITY CLERK
TO SEND A COPY OF THIS RESOLUTION TO STATE REPRESENTATIVE
FABIAN BASABE.
(Sponsored by Commissioner Alex J. Fernandez and Commissioner Laura
Dominguez)
This Resolution was passed and adopted by the Mayor and City Commission of the City of Miami
Beach on May 17, 2023.
Respectfully,
Raf el . Granado
City Clerk
c: Commissioner Alex J. Fernandez
Commissioner Laura Dominguez