LTC 133-2023 CITY OF HALLANDALE RESOLUTION NO. 2023-020, 2023-021, AND 2023-024MIAMI BEACH
OFFICE OF THE CITY CLERK
No. 13 3-2023
LETTE R TO COMMISSION
TO: Mayor Dan Gelber and Members of the City Commission
FROM: [5,Rafael E. Granado, City Clerk
DATE: March 21, 2023
SUBJECT: CITY OF HALLANDALE RESOLUTION NO. 2023-020, 2023-021, AND 2023-024
Attached for your information are Resolutions No. 2023-020, 2023-021, and 2023-024 adopted
by the Mayor and City Commission of City of Hallandale on March 15, 2023.
RESOLUTION NO. 2023-020
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
HALLANDALE BEACH, FLORIDA, SUPPORTING HB 1033 AND SB 1076 TO
REPEAL FLORIDA'S 15-WEEK ABORTION BAN TO KEEP GOVERNMENT
OUT OF WOMEN'S MEDICAL DECISIONS; AND PROVIDING FOR AN
EFFECTIVE DATE.
RESOLUTION NO. 2023-021
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
HALLANDALE BEACH, FLORIDA, URGING ALL MEMBERS OF FLORIDA
LEGISLATURE TO OPPOSE HOUSE BILL 543 CONCEALED CARRY OF
WEAPONS AND FIREARMS WITHOUT A LICENSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
RESOLUTION NO. 2023-024
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
HALLANDALE BEACH, FLORIDA, OPPOSING HB 975 AND SB 798
PROPOSING TO BAN LOCAL GOVERNMENTS FROM PROHIBITING OR
RESTRICTING PRIVATE WASTE MANAGEMENT PROVIDERS; AND
PROVIDING FOR AN EFFECTIVE DATE.
The City of Hallandale Clerk has requested that a copy of these Resolutions be provided to the
Miami Beach Mayor, Commissioners, and the City Manager.
If you have any questions, please contact the Office of the City Clerk at 305.673. 7 411.
REG/le
Attachment
F:ICLER\$ALLILILIAILTC's - Transmittal's\Hallandale Beach\Hallandale Beach Resolutions 2023-020 2023-021 2023-024.d0cx
1
2 RESOLUTION NO. 2023 - 020
3
4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
5 THE CITY OF HALLANDALE BEACH, FLORIDA, SUPPORTING
6 HB 1033 AND SB 1076 TO REPEAL FLORIDA'S 15-WEEK
7 ABORTION BAN TO KEEP GOVERNMENT OUT OF WOMEN'S
8 MEDICAL DECISIONS; AND PROVIDING FOR AN EFFECTIVE
9 DATE.
10
11 WHEREAS, last year Governor Ron Desantis signed a 15-week abortion ban that does
12 not contain any exceptions for rape or incest and has already had devastating impacts on
13 patients and many others; and
14
15 WHEREAS, a 2022 poll conducted by the University of North Florida's Public Opinion
16 Research Laboratory found that 55 percent of Floridians polled opposed the abortion bill and
17 opposition grew to 60 percent when people were told it didn't make exceptions for victims of
18 rape or incest; and
19
20 WHEREAS, Florida State Senator Lori Berman and Representative Rita Harris have
21 filed SB 1076 and HB 1033, respectively, to repeal Florida's harmful abortion ban; and
22
23 WHEREAS, the City of Hallandale Beach honors the rights of pregnant people to bodily
24 autonomy and control over their private medical decisions; and
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26 WHEREAS, access to safe and legal abortion is part of a basic human right to medical
27 treatment with which the government should not interfere; and
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29 WHEREAS, eliminating legal access to abortion has been empirically proven to
30 dramatically increase the risk of death, bodily injury, and infertility, especially within low-income
31 communities and communities of color; and
32
33 WHEREAS, the right to privacy enshrined in Florida's Constitution should protect
34 doctors, patients, and all others providing abortion-related medical care from any government
35 interference related to decisions made within the healthcare provider-patient relationship so long
36 as those decisions occur without coercion, force, or negligence; and
Page 1 of 3
File No. 23-064
37 WHEREAS, the Mayor and City Commission of the City of Hallandale Beach find it is in
38 the best interest of the residents of the City to support SB 1076 and HB 1033 to repeal Florida's
39 abortion ban and free private medical decisions from government intrusion.
40
41 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
42 OF THE CITY OF HALLANDALE BEACH, FLORIDA:
43
44 SECTION 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as
45 being true and correct and are incorporated herein by this reference.
46 SECTION 2. The City Commission of Hallandale Beach urges the passage of SB 1076
47 and HB 1033, repealing Florida's Abortion Ban.
48 SECTION 3. The City Commission of Hallandale Beach directs the Clerk of the Board to
49 transmit certified copies of this resolution to all appropriate parties.
50 SECTION 4. This Resolution shall become effective upon adoption.
51
52 APPROVED AND ADOPTED on this 15"
53
54
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57
58 SPONSORED BY: MAYOR JOY F. COOPER
59
60 ATTEST
61
62
63
64 JENORG
65 CITY CLERK
66
67 :::)pp OVED AS TO LEGAL SUFFICIENCY
68
6s /,
70 '/t kl
71 JI INIFER MERINO
72 TY ATTORNEY
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Page 2 of 3
File No. 23-064
FINAL VOTE ON ADOPTION
Mayor Cooper
Vice Mayor Lima-Taub
Commissioner Adams
Commissioner Butler
Commissioner Lazarow
Yes
No
Yes
Yes
Yes
75
Page 3 of 3
File No. 23-064
I! ")#
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11
12 WHEREAS, on January 20, 2023, Florida Representative Chuck Brannan and
13 Bobby Payne (joined by several other co-introducers) filed HB 543 ("HB 543"), allowing
R E SO LU T IO N NO. 2023- 021
A R ESO LU T IO N O F TH E M A Y O R A ND C ITY
C O M M ISSIO N O F TH E C IT Y O F HALLA NDALE BEACH,
FLORIDA, URGING ALL MEMBERS OF FLORIDA
LE G IS LAT UR E TO O PP O SE HO U S E BILL 543
CONCEALED CARRY OF WEAPONS AND FIREARMS
WITHOUT A LICENSE; AND PROVIDING FOR AN
EFFECTIVE DA TE.
14 the concealed carry of weapons and firearms without a license; and
15
16 W H ER EA S, House Bill 543 if approved, would allow people to carry concealed
17 weapons or concealed firearms ("CWCF") in public places without permit, criminal history
18 check, or safety training, dismantling Florida's system of responsible gun ownership; and
19
20 WHEREAS, HB 543 would effectively remove safeguards that help ensure only
21 responsible gun owners carry firearms in public; and
22
23 WH EREAS, specifically, HB 543 authorizes a person to carry a CWCF if they have
24 a valid license to carry a concealed weapon ("CWL"), or does not have a CWL, but
25 otherwise satisfies the criteria for receiving and maintaining a CWL, except that such
26 person is not required to demonstrated competency with a firearm or affirmatively state
27 that they desire a legal means to carry a CWCF for lawful self-defense; and
28
29 WHEREAS, omitting the permitting process to carry a CWCF will allow individuals
30 to carry open or concealed firearms without passing a full or criminal history background
31 check, completion of a handgun safety course, or demonstrated competency with a
32 handgun; and
33
34 WHEREAS, gun violence is considered ta be an of the major threats to public
35 health and safety in communities across the country and Florida; and
36
Page 1 of 3
File No.23-062
37 WHEREAS, while the United States Constitution does afford citizens the right to
38 individual possession of firearms, as given in the Second Am endm ent, handgun carry
39 perm it law s do not infringe on Second Am endm ent rights, as upheld by the Supreme Court
40 of the United States in District of Columbia v. Heller, and
41
42 WHEREAS, the Mayor and City Com m ission of the City of Hallandale Beach
43 believe it is in the best interest of the public to adopt this Resolution opposing HS 543.
44
45 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
46 COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA:
47
48 SECTION 1. The above "W HEREAS" clauses are hereby ratified and confirmed
49 as being true and correct and are incorporated herein by this reference.
so
51 SECTION 2. The Mayor and City Com m ission of the City of Hallandale Beach
52 urge all mem bers of the Florida Legislature to oppose the adoption of HS 543 and any
53 other related bill.
54
55 SECTION 3. The Mayor and City Com m ission further direct City Adm inistration
56 to transm it a copy of the Resolution to the Florida G overn or, Florida Senate President, the
57 Speaker of the Florida House, the Broward County Legislative Delegation, the Florida
58 League of C ities, the Broward County League of Cities, the Palm Beach County League
59 of Cities, the Miam i-Dade County League of Cities and any other interested parties.
60
61 SECTION 4. A ll Resolutions or parts of Resolutions in conflict herewith, be and
62 the sam e are repealed to the extent of such conflict.
63
64 SECTION 5. If any section, sentence, clause or phrase of this Resolution is held
65 to be invalid or unconstitutional by any court of com petent jurisdiction, then said holding
66 shall in no way affect the validity of the rem aining portions of the Resolution.
67
68 SECTION 6. This resolution shall becom e effective im m ediately upon its
69 passage and adoption.
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File No.23-062
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83 SPONSORED BY: MAYOR JOY F. COOPER
APPROVED AND ADOPTED this 15" day of March, 2023.
84
85 ATTEST:
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JENORGE
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY
AND FORM
FINAL VOTE ON ADOPTION
Mayor Cooper
Vice Mayor Lima-Taub
Commissioner Adams
Commissioner Butler
Commissioner Lazarow
Yes
Yes
Yes
Yes
Yes
104
Page 3 of 3
File No.23-062
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11 WHEREAS, Florida courts have long recognized the unique nature of garbage collection
RESOLUTION NO. 2023 -024
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF HALLANDALE BEACH, FLORIDA, OPPOSING HB
975 AND SB 798 PROPOSING TO BAN LOCAL GOVERNMENTS
FROM PROHIBITING OR RESTRICTING PRIVATE WASTE
MANAGEMENT PROVIDERS; AND PROVIDING FOR AN
EFFECTIVE DATE.
12 as a necessary public service for the maintenance of any community that cannot be subject to
13 the whims of the market without endangering health and welfare of the residents:
14
15 The collection of garbage is certainly a useful, indeed an indispensable, part of urban
16 society. The private business of its collection, however, is not, nor has it ever been, akin in
17 any way to 'ordinary' examples of private enterprise-the selling of shoes, the repair of
18 automobiles, or the selling of motel rooms .... Unlike virtually every other enterprise, the
19 'business' may not only be regulated, but in fact exclusively performed-as an essential part
20 of a 'public service'-by municipalities or other governmental subdivisions, even if such a
21 decision results in the complete preclusion of private facilities for the same use. "
22
23 WHEREAS, State Representative Jeff Holcomb and State Senator Blaise lngoglia have
24 introduced HB 975 and SB 798, respectively, which would preempt local governments from
25 prohibiting or restricting private was management providers with respect to commercial,
26 industrial or multifamily properties; and
27
28 WHEREAS, local governments will no longer have the ability to exclusively provide
29 these services or contract with a single entity to provide these services; and
30
31 WHEREAS, the fiscal impacts of these bills are enormous. The Florida League of Cities
32 estimates it will be in the hundreds of millions of dollars due to loss of revenue from exclusive
33 franchises, non-exclusive franchises, and other permit fees; and
34
' United Sanitation Services of Hillsborough, Inc. v. City of Tampa, 302 So.2d 435 (Fla. 2nd DCA 1974)
Page 1 of 3
File No. 23-069
35 WHEREAS, for small cities like the City of Hallandale Beach, who provide these
36 services using city employees and equipment, the inability to restrict competing services would
37 make the municipal provision of services to all customers, including single-family residential,
38 cost prohibitive; and
39
40 WHEREAS, the cumulative effect of these bills will be to limit a city's ability to control the
41 delivery of quality solid waste services to commercial and multifamily property, address illegal
42 dum ping, and smooth the cost allocation of waste and recycling services across residential and
43 com m ercial properties in a city; and
44
45 WHEREAS, the decision to keep the provision of solid waste collection "in-house" is a
46 com plex determ ination m ade by local officials based on the unique and specific factors affecting
47 their com m unity, incl uding the availability of reliable private serv ices, the geographic size of the
48 com m unity, the com position of the com m unity, roadw ays and accessibility, and m any other
49 factors. It is certainly not a determ ination that should be dictated by the state in an attem pt to
50 treat all com m unities as if they were the sam e; and
51
52 WHEREAS, the M ayor and C ity C om m ission of the C ity of Hallandale Beach find it is in
53 the best interest of the residents of the C ity to oppose S B 798 and HB 975 proposing to ban
54 local governm ents from proh ibiting or restricting private waste managem ent providers.
55
56 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
57 OF THE CITY OF HALLANDALE BEACH, FLORIDA:
58
59 SECTION 1. The foregoing "W H E REA S" clauses are hereby ratified and confirm ed as
60 being true and correct and are incorporated herein by this reference.
61 SECTION 2. The C ity C om m ission of Hallandale Beach oppose the passage of SB 798
62 and HB 975 pro posing to ban local govern m ents from prohibiting or restricting private waste
63 m anagem ent pro viders, and urge the Florida Legislature to perm it local govern m ents to take the
64 specific needs of their com m unity into account w hen regulating a serv ice essential fo r the
65 health, safety and w elfare of the com m unity.
Page 2 of 3
File No. 23-069
66 SECTION 3. The City Commission of Hallandale Beach directs the Clerk of the Board to
67 transmit certified copies of this resolution to all appropriate parties.
68 SECTION 4. This Resolution shall become effective upon adoption.
69
70 APPROVED AND ADOPTED on this 15" day of March, 2023.
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76 SPONSORED BY: MAYOR JOY F. COOPER
77
78 ATTEST:
79
80
81
82 JENORGE
83 CITY CLERK
84
85
86
87
88
89 J
90 RNEY
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92
93
FINAL VOTE ON ADOPTION
Mayor Cooper
Vice Mayor Lima-Taub
Commissioner Adams
Commissioner Butler
Commissioner Lazarow
Yes
Yes
Yes
Yes
Yes
94
Page 3 of 3
File No. 23-069