Sarasota, FL Resolution

RESOLUTION NO. 04R-1667
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SARASOTA, FLORIDA, PERTAINING TO THE USA PATRIOT ACT, RELATED LEGISLATION, EXECUTIVE ORDERS, REGULATIONS AND ACTIONS ASSOCIATED THEREWITH; MAKING FINDINGS;. REQUESTING THE FLORIDA LEGISLATIVE AND CONGRESSIONAL DELEGATIONS TO WORK TO REPEAL CERTAIN PROVISIONS OF THE USA PATRIOT ACT AND TO OPPOSE THE ADOPTION OF ANY NEW LAWS WHICH MAY LIMIT OR VIOLATE FUNDAMENTAL RIGHTS AND LIBERTIES; PROVIDING FOR THE READING OF THIS RESOLUTION BY TITLE ONLY; AND PROVIDING FOR AN EFFECTIVE DATE

WHEREAS, the City of Sarasota is committed to the protection of civil rights and civil liberties that are the birthright of all Americans; and,

WHEREAS, the City of Sarasota honors the sacrifice and commitment made by our veterans and active duty personnel who have fought and died to preserve liberties of all individuals; and,

WHEREAS, on September 11, 2001, the United States of America was subjected to an unprecedented terrorist attack, and faced a serious and ongoing threat of further terrorist activity; and,

WHEREAS, since September 11, 2001, in an attempt to respond to that terrorist threat, a wide range of legislative and executive measures, including the ""Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act"" (USA PATRIOT ACT), have been enacted by the Congress of the United States and the Executive branch of the United States Government and thereafter implemented; and,

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

WHEREAS, the City Commission recognizes that all citizens of the United States have the right, the responsibility and the obligation to defend, secure and retain the rights of all persons, as guaranteed by the Constitutions of the United States o f America and the State of Florida; and,

WHEREAS, the City Commission believes that action to protect the public from terrorist attack is vital, but that such action should only be taken when it will effectively serve to protect the public and be consistent with the preservation of those constitutionally guaranteed Fundamental rights; and,

WHEREAS, the City Commission believes those constitutionally guaranteed fundamental rights may be threatened by the USA PATRIOT ACT and related legislation, executive orders, regulations, and actions, as more particularly set forth in Attachment ""A"", which is incorporated herein by reference; and,

WHEREAS, over 182 communities throughout the country, as more particularly set forth in Attachment ""B"", which is incorporated herein by reference, have enacted Resolutions reaffirming support for the constitutionally guaranteed civil rights and liberties of all persons which may be threatened by the USA PATRIOT ACT and related legislation, executive orders, regulations, and actions; and,

WHEREAS, while various provisions of the USA PATRIOT ACT were recognized as extraordinary responses to the crisis of September, 2001, and are subject to sunset, or to expire, various proposals have been made, which, if enacted, would render all of the after five years, ACT'S provisions permanent; and,

WHEREAS, the City Commission believes that legation drafted by the Executive branch of the government and submitted to the Congressional Leadership, entitled the Domestic Security Enhancement Act (DSEA), also referred to as PATRIOT 11, may also threaten constitutionally guaranteed fundamental rights, as more particularly set forth in Attachment ""C"", which is incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SARASOTA, FLORIDA:

1. The City Commission of the City of Sarasota affirms the rights of all people, including United States citizens and citizens of other nations, within the City, in accordance with the Bill o f Rights and the Fourteenth Amendment of the United States Constitution and calls upon all persons to respect the civil rights and liberties of all members of this community, including those who are citizens of other nations.

2. The City Commission of the City of Sarasota affirms its strong opposition to terrorism, and affirms that any efforts to end terrorism need not and must not result in the loss of fundamental rights and liberties of the people of Sarasota, Florida and the United States.

3. The City Commission of the City of Sarasota affirms that the five-year sunset provisions of the USA PATRIOT Act should be allowed to expire, if not previously repealed by an act of Congress,

4. The City Commission of the City of Sarasota joins other communities across the nation, who have questioned the constitutionality of the USA PATRIOT ACT and related legislation, executive orders, regulations, and actions, and hereby calls upon our Florida legislative and United States Congressional delegations to actively and diligently work to repeal those provisions of the USA PATRIOT ACT and any executive orders or federal regulations, as well as any related State legislation which may limit or violate fundamental rights and liberties embodied in the constitutions of the United States and the State of Florida, and to actively oppose the adoption of any new laws or regulations, such as the PATRIOT 11, which may limit or violate fundamental rights and liberties.

5 . The City Auditor and Clerk is hereby directed to provide copies of this Resolution to the United States Congressional and the State of Florida legislative delegations, whose jurisdictions include the City of Sarasota, the Sheriff of Sarasota County, the Chairperson of the Sarasota County Commission, the Sarasota County Administrator, the United States Attorney for the Middle District of Florida, the Attorney General of the United States and the President of the United States.

6. This Resolution shall take effect immediately upon adoption.
ADOPTED by the City Commission of the City of Sarasota, upon reading by title only, after posting on the bulletin board at City Hall for at least (3) days prior to adoption, as authorized by Article IV, Section 2, Charter of the City of Sarasota, Florida, this day 20th of October,2003.

Lou Ann R. Palmer, Mayor
ATTEST:
Billy E. Robinson,
City Auditor and Clerk