2002-25073 Reso
RESOLUTION NO. 2002-25073
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, OPPOSING
PROPOSED FEDERAL LEGISLATION SHIFTING THE COST
AND LIABILITY OF NATIONWIDE AIRPORT SECURITY
TO LOCAL LAW ENFORCEMENT, AND HENCE TO LOCAL
GOVERNMENTS, AS AN UNFUNDED FEDERAL MANDATE.
WHEREAS, the federal government has created the Aviation
Industry Stabilization and Reform Act of 2002, and
WHEREAS, Section 310(c) of HR 5506 and Section 343 of HR 5559
propose to permanently shift the federal law enforcement functions
at the nation's commercial airports to local governments, along
with the costs and liability associated with these functions; and
WHEREAS, the effect of this proposed legislation would create
a permanent federal unfunded mandate on local governments to
provide local law enforcement for airport security; and
WHEREAS, the Transportation Security Administration has not
established clear reimbursement regulations to reimburse local
governments for costs associated with airport security or
guidelines to cover liability claims against cities in their
capacities as airport security; and
NOW, THEREFORE BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that proposed
federal legislation, that would shift both the economic burden and
liability upon local government entities for nationwide airport
security, is hereby opposed as an unfunded federal mandate.
PASSED AND ADOPTED this
November, 2002.
ATTEST:
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~ CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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City Attorney -y( Date
Resolution No. 2002-25073
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CITY OF MIAMI BEACH
OFFICE OF THE MAYOR & COMMISSION
MEMORANDUM
TO:
JORGE GONZALEZ
CITY MANAGER
FROM:
MURRAY DUBBIN
CITY ATTORNEY
RICHARD STEINBERG ~ \~
COMMISSIONER
DATE:
November 8, 2002
RE:
Resolution Opposing Proposed Federal Legislation Shifting the Costs
of Airport Security to Local Law Enforcement
Attached please find a resolution passed by the Miami-Dade League of Cities on
November 7,2002. I would like a similar resolution to be placed for action on the
November 13lh Commission Meeting. Please draft the appropriate resolution for my
reVIew.
If you have any questions, please feel free to contact my Aide, Ms. Dolores Mejia, at
extension 6834.
RLS/dm
Agenda Item R9 &
Date 1/-/3 -0'2-
CITY OF MIAMI BEACHRCFIVED
1700 CONVENTION CENTER ORIVE
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MIAMI BEACH, FLORIDA 33139
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RICHARD L. STEINBERG
COMMISSIONER
November 19, 2002
FOR DISTRIBUTION
TO: U.S. House Transportation & Infrastructure Committee Members
U.S. House Select Committee on Homeland Security Members
U.S. Senate Governmental Affairs Committee Members
Congresswoman Carrie Meek
Congresswoman lIena Ros-Lehtinen
Congressman Peter Deutsch
Congressman Lincoln Diaz-Balart
Congressman E. Clay Shaw, Jr.
Congressman Alcee L. Hastings
Senator Bob Graham
Senator Bill Nelson
On November 13, 2002, the Miami Beach City Commission passed Resolution Number 2002-
25073 (attached), opposing proposed federal legislation shifting the cost and liabilify of
nationwide airport security to local law enforcement, and hence to local governments, as an
unfunded federal mandate.
The City of Miami Beach opposes this permanent federal unfunded mandate as it would place the
responsibility of providing law enforcement for airport security on local governments without
establishing clear guidelines and regulations for reimbursement on costs associated with airport
security or protection from liability claims.
Respectfully submitted,
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Richard L. Steinberg
Commissioner
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Miami-Dade County Mayor Alex Penelas
Miami-Dade County Commission
Miami-Dade County Manager, Steve Shiver
Jorden Burt Boros Cicchetti Berenson & Johnson LLP
Mayor David Dermer
Commissioner Matti Herrera-Bower
Commissioner Simon Cruz
Commissioner Luis Garcia
Commissioner Saul Gross
Commissioner Jose Smith
Jorge M. Gonzalez, City Manager
RESOL'D'l'ION NO. 2002-25073
A RBSOL'D'l'ION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF KIAMI BEACH, FLORIDA, OPPOSING
PROPOSED FEDERAL LEGISLATION SHIFTING THE COST
AND LIABILITY OF NATIONWIDE AIRPORT SECURITY
TO LOCAL LAW ENFORCBKENT, AND HENCE TO LOCAL
GOVERNKENTS, AS AN UNFUNDED FEDERAL MANDATE.
WHEREAS, the federal government has created the Aviation
Industry Stabilization and Reform Act of 2002, and
WHEREAS, Section 310(c) of HR 5506 and Section 343 of HR 5559
propose to permanently shift the federal law enforcement functions
at the nation's commercial airports to local governments, along
with the costs and liability associated with these functions; and
WHEREAS, the effect of this proposed legislation would create
a permanent federal unfunded mandate on local governments to
provide local law enforcement for airport security; and
WHEREAS, the Transportation Security Administration has not.
established clear reimbursement regulations to reimburse local
governments for costs associated with airport security or
guidelines to cover liability claims against cities in their
capacities as airport security; and
NOW, THERBFORE BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF KIAMI BEACH, FLORIDA, that proposed
federal legislation, that would shift both the economic burden and
liability upon local. government entities for nationwide airport
security, is hereby opposed as an unfunded federal mandate.
PASSBD AND ADOPTED this
November, 2002.
ATTEST:
)r.,< ~ tlf . tL €... M ~~. ~}.>
~ CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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Resolution No. 2002-25073