Miami-Dade Legislative Item
File Number: 053277
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File Number: 053277 File Type: Resolution Status: Adopted
Version: 0 Reference: R-86-06 Control: County Commission
File Name: STATEWIDE APPEALS PROCESS FOR SEAPORT I.D. CARDS Introduced: 12/22/2005
Requester: NONE Cost: Final Action: 1/24/2006
Agenda Date: 1/24/2006 Agenda Item Number: 11A4
Notes: Title: RESOLUTION URGING THE FLORIDA LEGISLATURE TO PASS LEGISLATION PROVIDING FOR A STATEWIDE APPEALS PROCESS FOR REVIEWING DENIAL OF SEAPORT IDENTIFICATION CARDS
Indexes: IDENTIFICATION CARD
  SEAPORT
Sponsors: Dorrin D. Rolle, Prime Sponsor
  Audrey M. Edmonson, Co-Sponsor
  Barbara J. Jordan, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 1/24/2006 11A4 Adopted P

Intergov., Recreation & Cultural Affairs Cmte. 12/14/2005 2O Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Monica Maldonado read the foregoing proposed ordinance into the record. Hearing no questions or comments, the Committee proceeded to vote on the foregoing proposed ordinance as presented.

Community Empowerment & Econ. Revitalization Cmte. 12/13/2005 2B Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Manager Tony Crapp, Sr. read the foregoing proposed resolution into the record. Chairman Rolle relinquished the chair to Vice Chairwoman Jordan. Commissioner Rolle provided a brief overview regarding the intent of this resolution, which he noted would urge the Florida Legislature to pass legislation providing for a statewide appeals process for denial of seaport access credentials to those who were employed at the Port of Miami. Mr. Neil Flaxman, attorney, representing International Longshoreman Local 1460, appeared before the Board and spoke in support of the foregoing resolution. Vice Chairwoman Jordan requested that she be listed as a co-sponsor on this resolution. Hearing no further questions or comments from Committee members or individuals in the audience, the Committee proceeded to vote on the foregoing proposed resolution as presented.

County Attorney 11/23/2005 Assigned Intergov., Recreation & Cultural Affairs Cmte. 12/14/2005

County Attorney 11/23/2005 Assigned Community Empowerment & Econ. Revitalization Cmte. 12/13/2005

County Attorney 11/23/2005 Assigned Jess M. McCarty

Legislative Text


TITLE
RESOLUTION URGING THE FLORIDA LEGISLATURE TO PASS LEGISLATION PROVIDING FOR A STATEWIDE APPEALS PROCESS FOR REVIEWING DENIAL OF SEAPORT IDENTIFICATION CARDS

BODY

WHEREAS, in 1998, Miami-Dade County adopted the first seaport security ordinance in the State of Florida and one of the first such ordinances in the country; and
WHEREAS, the Miami-Dade seaport security ordinance required criminal background checks and denied people who had felony convictions or withheld adjudications identification cards to work at the Dante B. Fascell Port of Miami-Dade; and
WHEREAS, the Miami-Dade seaport security ordinance provided every person denied a seaport identification card with a right to appeal the denial to a panel that would hear that person's particular circumstances and determine whether or not that person was a threat to security at the Port; and
WHEREAS, in 2001, the Florida Legislature passed legislation requiring the Florida Department of Law Enforcement to regulate security at seaports in Florida; and
WHEREAS, in 2003, the Florida Legislature amended its seaport security legislation to preempt local regulation of seaport security; and
WHEREAS, the 2003 state legislation banned the appeals process effective June 4, 2003 that was previously available under the Miami-Dade ordinance, and allowed appeals only in the case of inaccuracies or discrepancies related to a person's criminal history check; and
WHEREAS, a number of people who have worked at the Port of Miami for many years without incident have recently been denied seaport identification cards because of the 2003 state legislation; and
WHEREAS, given the importance of rehabilitation and the seriousness of displacement of individuals from gainful employment, every person denied a seaport identification card who prior to June 4, 2003 worked at the Port of Miami should be entitled to an appeal to determine whether such individual is a threat to Port security, before such individuals are displaced from employment,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Urges the Florida Legislature to pass legislation providing for a statewide appeals process for denial of seaport access credentials to those who were employed at the Port of Miami.
Section 2. Directs the Clerk of the Board to transmit a certified copy of this resolution to the Chair and members of the Miami- Dade County State Legislative Delegation.
Section 3. Directs the County's state lobbyists to advocate for the passage of the legislation set forth in Section 1 above, and directs the Office of Intergovernmental Affairs to include this item in the 2006 State Legislative Package.



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