Subject:
Title
Legislative Intent and Permission to Advertise an Ordinance Establishing Brevard County as a Bill of Rights Sanctuary County
End
Fiscal Impact:
None
Dept/Office:
District 4 Commissioner
Requested Action:
Recommendation
It is requested that the Board of County Commissioners direct the County Attorney’s Office to prepare an ordinance establishing Brevard County as a Bill of Rights Sanctuary County, and schedule and advertise the ordinance for consideration at a public hearing.
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Summary Explanation and Background:
In 2023, Collier County adopted an ordinance proclaiming that the county has the “right to be free from the commanding hand of the federal government and has the right to refuse to cooperate with federal government officials in response to unconstitutional federal government measures.”
The Collier County ordinance prohibits any agent, department, employee, or official of the county, while acting in their official capacity, from participating in the enforcement of a federal act, law, order, rule, or regulation which violates an individual’s Constitutional rights, or from utilizing county assets or funds in furtherance of the violation of Constitutional rights.
The ordinance creates a private civil cause of action against anyone accused of violating the ordinance. The alleged violator can be sued in Circuit Court for declaratory and injunctive relief, damages, and attorneys’ fees. In addition, a violation of the ordinance is punishable by a fine of not more than $500 and/or by imprisonment in the county jail for a term of not more than 60 days.
It is requested that the Board direct the County Attorney to prepare a similar ordinance for the Board’s consideration during a public hearing held at a future Board meeting.
Clerk to the Board Instructions:
Please provide a copy of the Clerk’s Memorandum to the District 4 Commission Office, the County Manager’s Office, and the County Attorney’s Office.