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Broward County Resolution

Document Date: May 6, 2003

Resolution Adopted by the Broward County Commission

Affirming the Civil Rights of All Residents of Broward County

WHEREAS, Broward County, Florida has a long and distinguished history of protecting and expanding the civil rights and civil liberties of its residents; and,

WHEREAS, the residents of Broward County wish to honor the memory of all those who died as a result of the September 11, 2001, attacks; and,

WHEREAS, Broward County has a diverse population, including students, working people, and non-citizens, whose contributions to the community are vital to its character and function; and,

WHEREAS, the United States Congress passed the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act); and,

WHEREAS, the Federal Administration is moving to pass a Second USA PATRIOT ACT also known as the Domestic Security Enhancement Act of 2003 that usurps more rights than the original USA PATRIOT ACT which would provide for the presumptive denationalization of American citizens who support the activities of any organization that the executive branch has deemed "terrorist."; and,

WHEREAS, the State of Florida has enacted the Emergency Health Powers Act in May of 2002 which allows for appointed Health Officials to declare a health emergency or potential health emergency and force people to be vaccinated against their will, quarantined and the State can confiscate anyone's personal property without due process of law; and

WHEREAS, the Bill of Rights of the United States Constitution and the Constitution of Florida guarantee those living in the United States the following rights: freedom of speech, assembly and privacy; equality before the law and the presumption of innocence; access to counsel and due process in judicial proceedings; and protection from unreasonable searches and seizures; and,

WHEREAS, we believe these civil liberties are precious and may be threatened by the USA PATRIOT Act, the Domestic Security Enhancement Act of 2003 and Florida's Emergency Health Powers Act which:

Reduces judicial supervision of telephone and Internet surveillance;

Expands the government's ability to conduct secret searches without warrants;

Grants power to the Secretary of State to designate domestic groups as "terrorist organizations";

Grants power to the Attorney General to subject non-citizens to indefinite detention or deportation even if they have not committed a crime;

Grants the Federal Bureau of Investigations (FBI) access to sensitive medical, mental health, financial and educational records about individuals without having to show evidence of a crime; and

Grants the FBI the power to compel libraries and bookstores to produce circulation or purchase records of their patrons and forbids disclosure that such records have been requested and produced; and,

Grants the Federal Government the ability to determine persons are terrorists or provide material support to a terrorist group could be expatriated from the United States and subjected to indefinite detention without access to legal process: and,

Grants appointed state health inspectors the power to force people to be vaccinated against their will, quarantine people based on a potential health emergency, and the Unconstitutional ability to confiscate people's property without due process of law; and

WHEREAS, Broward County has been and remains, committed to the protection of civil rights and liberties for all citizens of Broward County; and,

WHEREAS, the Board of County Commissioners believes that a threat to any one person's Constitutional rights is a threat to the rights of all.

NOW THEREFORE, BE IT RESOLVED:

That the Broward County Commission affirms the rights of all people, including United States citizens and citizens of other nations, within the County in accordance with the Bill of Rights and the Fourteenth Amendment of the U.S. Constitution; and,

That the Broward County Commission calls upon all County officials and employees to respect the civil rights and liberties of all members of this community, including those who are citizens of other nations; and,

That the Broward County Commission calls upon all private citizens-including residents, employers, educators, and business owners-to demonstrate similar respect for civil rights and civil liberties; and,

That the Broward County Commission calls upon the United States Attorney's Office, the Office of the Federal Bureau of Investigation, Florida Department of Law Enforcement, and local law enforcement
authorities to publicly disclose the names of any federal detainees suspected of terrorism held in Broward County; and,

That the Broward County Commission supports the rights of County officials and employees to conduct their duties pursuant to Constitutions of the United States and the State of Florida and further supports actions
taken in opposition to unconstitutional directives and orders that violate the rights of people in Broward County; and,

That the Broward County Commission affirms its strong opposition to terrorism, but also affirms that any efforts to end terrorism should not be waged at the expense of essential civil rights and liberties of the people of Broward County and the United States; and,

That the County Administrator is directed to provide copies of this resolution to the County's U.S. Congressional Representatives, the United States Attorney General, and the President of the United States; and,

The Broward County Commission calls upon our United States Congressional Representatives and Senators to monitor the implementation of the USA PATRIOT Act the Domestic Security Enhancement Act of 2003 and Florida's Emergency Health Powers Act and Executive Orders issued pursuant to the Act.

This resolution shall take effect immediately upon its adoption.

DULY ADOPTED in regular session, this 6 day of May, 2003.

BOARD OF COUNTY COMMISSIONERS OF

Broward COUNTY, FLORIDA

By:

Diana Wasserman Rubin, Mayor

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