Broward County Commission Regular Meeting
Director's Name: Andrew J. Meyers
Department: County Attorney
Information
Requested Action
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MOTION TO ENACT Ordinance, the title of which is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PERTAINING TO INSTITUTIONAL VANDALISM AND BIAS-MOTIVATED CRIMES; AMENDING ARTICLE IV OF CHAPTER 21 OF THE BROWARD COUNTY CODE OF ORDINANCES ("CODE"); ESTABLISHING DIVISIONS; PROVIDING FOR APPLICABILITY AND DEFINITIONS; ESTABLISHING A BASIS FOR A CIVIL ACTION AND REPORTING OBLIGATIONS ARISING FROM INCIDENTS OF INSTITUTIONAL VANDALISM OR BIAS-MOTIVATED CRIMES; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE.
(Sponsored by Senator Nan H. Rich)
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Why Action is Necessary
A Resolution directing the County Administrator to publish notice of public hearing to consider enactment of the Ordinance was adopted by the Board of County Commissioners at its meeting of April 26, 2022.
What Action Accomplishes
Allows for the Board's consideration of the proposed Ordinance.
Is this Action Goal Related
No
Previous Action Taken
Summary Explanation/Background
The proposed Ordinance amends Article IV of Chapter 21 of the Broward County Code of Ordinances to: (i) establish definitions, including definitions of Institutional Vandalism and Bias-Motivated Crimes; (ii) prohibit Institutional Vandalism and Bias-Motivated Crimes in all geographic areas of Broward County, punishable criminally and civilly; and (iii) establish a basis for a civil action for any person or entity, including the County or a municipality, that has incurred an injury to their person or damage or loss to their property as a result of conduct in violation of the provisions related to Institutional Vandalism or Bias-Motivated Crimes.
The proposed Ordinance was considered by the Human Rights Board at its meeting of
March 28, 2022. The Human Rights Board's suggestions to expand protected classes and protected institutions, including the personal property of the institutions protected, were included in the proposed Ordinance. The proposed Ordinance was also considered by the Anti-Defamation League (ADL), which stated that it applauded the County's efforts in drafting the proposed Ordinance. A vast majority of the ADL's suggested comments were incorporated into the proposed Ordinance.
The proposed Ordinance attached as Exhibit 1 contains minor, nonsubstantive changes that were made since the April 26, 2022, meeting to update cross-references.
Source of Additional Information
Maite Azcoitia, Deputy County Attorney, 954-357-7600
Fiscal Impact
Fiscal Impact/Cost Summary
Per the Office of Management and Budget, the estimated impact on the budget does not exceed the threshold required for a Fiscal Impact Statement.