Resolution 392-2020 RESOLUTION NO.392 - 2020
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA, ADOPTING A POLICY FOR
THE PROTECTION OF INDIVIDUALS ENGAGING IN NON-
VIOLENT CIVIL RIGHTS DEMONSTRATIONS, REPEALING ALL
RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING
FOR AN EFFECTIVE DATE
WHEREAS,42 United States Code§ 5304(1)(1),enacted as Section 104 of the Housing
and Community Development Act of 1974, requires subrecipients of federal funds to adopt and
enforce a policy prohibiting the use of excessive force by law enforcement agencies within its
jurisdiction against any individuals engaged in nonviolent civil rights demonstrations; and
WHEREAS,42 United States Code § 5304(1)(2), enacted as Section 104 of the Housing
and Community Development Act of 1974,requires subrecipients of federal funds to adopt and
enforce a policy of enforcing applicable State and local laws against physically barring entrance to or
exit from a facility or location which is the subject of such nonviolent civil rights demonstration
within its jurisdiction;
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA:
1. It is the policy of the County to prohibit the use of excessive force by law enforcement
agencies within its jurisdiction against any individuals engaged in nonviolent civil
rights demonstrations;and to enforce applicable State and local laws against physically
barring entrance to or exit from a facility or location which is the subject of such
nonviolent civil rights demonstration within its jurisdiction with due and proper
consideration given to the extent and limits of the County's power and authority to do
so.
2. All other resolutions and policies or sections of resolutions and policies of the
County in conflict with the provisions of this Resolution are hereby repealed to the
extent of such conflict.
3. If any section, paragraph, sentence, or clause hereof or any provision of this
Resolution is declared to be invalid or unconstitutional, the remaining provisions
of this Resolution shall be unaffected thereby and shall remain in full force and
effect.
4. This Resolution shall take effect immediately upon its passage.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 17t°day of November 2020.
Mayor Michelle Coldiron, District 2 Yes
Mayor Pro David Rice, District 4 Yes
Commissioner Craig Cates,District I Absent
Eddie Martinez, District 3 Yes
Mike Forster, District 5 Yes
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