Miami-Dade Legislative Item
File Number: 120292
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File Number: 120292 File Type: Resolution Status: Adopted
Version: 0 Reference: R-182-12 Control: Board of County Commissioners
File Name: REPEAL THE ALIEN LAND LAW Introduced: 2/13/2012
Requester: NONE Cost: Final Action: 2/21/2012
Agenda Date: 2/21/2012 Agenda Item Number: 11A4
Notes: Title: RESOLUTION URGING THE FLORIDA LEGISLATURE TO AMEND ARTICLE 1, SECTION 2 OF THE FLORIDA CONSTITUTION AND REPEAL THE ALIEN LAND LAW
Indexes: LEGISLATURE
Sponsors: Joe A. Martinez, Prime Sponsor
  Jose "Pepe" Diaz, Co-Sponsor
  Jean Monestime, 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 2/21/2012 11A4 Adopted P

County Attorney 2/13/2012 Assigned Michael B. Valdes

Legislative Text


TITLE
RESOLUTION URGING THE FLORIDA LEGISLATURE TO AMEND ARTICLE 1, SECTION 2 OF THE FLORIDA CONSTITUTION AND REPEAL THE ALIEN LAND LAW

BODY
WHEREAS, the Constitutions of the United States and State of Florida entitle all natural persons to be equal before the law; and
WHEREAS, Article 1, Section 2 of the Florida Constitution directly contradicts that fundamental right by stating that the ownership, inheritance, disposition, and possession of real property by aliens ineligible for citizenship may be regulated or prohibited by law; and
WHEREAS, that provision, frequently known as the “Alien Land Law,” was added to the Florida Constitution in 1926 during a lamentable and xenophobic period in our nation’s history; and
WHEREAS, the Office of Community Advocacy for Miami-Dade County has expressed their support for repeal of Florida’s Alien Land Law; and
WHEREAS, the Office of Community Advocacy is the agency within Miami-Dade County tasked with promoting productive community relations, enhancing cultural understanding, fostering an atmosphere of mutual respect, and making Miami-Dade County one of the nation’s most dynamically and culturally diverse metropolitan areas; and
WHEREAS, similar Alien Land Laws were passed by thirteen states and deplorably used to prevent Asian immigrants from owning or leasing property; and
WHEREAS, twelve of those states have since repealed or rescinded their Alien Land Laws; and
WHEREAS, Florida is the only state in the United States to still have an Alien Land Law written into its Constitution; and
WHEREAS, this law serves no valid basis, for the Florida Legislature has never passed any regulation or restriction invoking the Alien Land Law; and
WHEREAS, courts at both the state and federal level have held that any such measure would violate the Fourteenth Amendment of the United States Constitution; and
WHEREAS, the Alien Land law represents the worst aspects of the State’s history by codifying the vestiges of past racial discrimination; and
WHEREAS, the Florida Constitution should be stripped of a provision that is both appalling and unconstitutional,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that:
Section 1. The Florida Legislature is urged to amend Article 1, Section 2 of the Florida Constitution and repeal the Alien Land Law.
Section 2. The Clerk of the Board is directed to transmit certified copies of the resolution to the Governor, Senate President, House Speaker, and the Chair and remaining members of the Miami-Dade State Legislative Delegation.
Section 3. The County’s state lobbyists are directed to advocate for the issues identified in Section 1 above, and authorizes and directs the Office of Intergovernmental Affairs to amend the 2012 and 2013 state legislative package to include this item.




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