Ordinance No. 2024-20 Prohibition Against Contracting with Parties Boycotting Israel - October 17, 2024 CITY OF AVENTURA ORDINANCE NO. 2024-20
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
CHAPTER 2, "ADMINISTRATION," OF THE CITY OF AVENTURA CODE
OF ORDINANCES TO CREATE SECTION 2-261, "PROHIBITION
AGAINST CONTRACTING WITH PARTIES ENGAGED IN THE
BOYCOTT, DIVESTMENT AND SANCTIONS MOVEMENT TARGETING
ISRAEL," TO ESTABLISH CONTRACT PROCEDURES FOR ALL CITY
CONTRACTS; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 287.135, Florida Statutes, prohibits state and local
governmental entities from contracting with companies that are on the Scrutinized
Companies that Boycott Israel List or are engaged in a boycott of the State of Israel; and
WHEREAS, the City of Aventura (the "City") desires to amend its Code of
Ordinances to establish contract procedures that align with Florida's public policy; and
WHEREAS, the City of Aventura desires to establish regulations relating to
companies that support the boycott, divestment, and sanction movement against the
State of Israel; and
WHEREAS, the City Commission has determined that this Ordinance in the best
interest of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS THAT:
Section 1. Recitals Adopted. Each of the above stated recitals are hereby
adopted and confirmed.
Section 2. City Code Amended. The Code of Ordinances, City of Aventura,
Florida, is hereby amended by adding a section, to be numbered 2-261 which section
reads as follows':
Underlined provisions constitute proposed additions to existing text. Remaining provisions are now in
effect and remain unchanged.
City of Aventura Ordinance No. 2024-20
Chapter 2 — Administration
Section 2-261. — Prohibition Against Contracting with Parties Engaged in the
Boycott, Divestment and Sanctions Movement Targeting Israel.
(a) The provisions of Section 287.135, Florida Statutes, "Prohibition against
contracting with scrutinized companies," as it currently exists or as it may be
amended, are hereby adopted and incorporated by reference into this ordinance.
(b) The City shall not enter into or renew any contract for goods or services with
companies that are on the Scrutinized Companies that Boycott Israel List, as
established under state law, or with companies engaged in the boycott,
divestment, or sanctions movement against Israel. The prohibitions shall apply to
all contracts regardless of the value of the goods or services provided, in
accordance with Section 287.135, Florida Statutes.
(c) Any company submitting a bid, proposal, or entering into a contract with the City
must certify that it is not on the Scrutinized Companies that Boycott Israel List and
that it is not engaged in a boycott of Israel, as required under Section 287.135(5),
Florida Statutes, and will not engage in a boycott of Israel for the duration of the
contract.
(d) If the City determines that a company has submitted a false certification or has
been placed on the Scrutinized Companies that Boycott Israel List during the term
of the contract, the City shall terminate the contract, consistent with the provisions
of Section 287.135(5), Florida Statutes.
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Underlined provisions constitute proposed additions to existing text. Remaining provisions are now in
effect and remain unchanged.
City of Aventura Ordinance No. 2024-20
Section 3. Severability. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity of
the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall
remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding
the invalidity of any part.
Section 4. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Commissioner Friedland, who moved its
adoption on first reading. The motion was seconded by Commissioner Bloom, and, upon
being put to a vote, the vote was as follows:
Commissioner Amit Bloom Yes
Commissioner Rachel S. Friedland Yes
Commissioner Billy Joel Yes
Commissioner Paul A. Kruss Yes
Vice Mayor Dr. Linda Marks Yes
Mayor Howard S. Weinberg Yes
The foregoing Ordinance was offered by Commissioner Kruss, who moved its
adoption on second reading. This motion was seconded by Commissioner Joel, and upon
being put to a vote, the vote was as follows:
Commissioner Amit Bloom Yes
Commissioner Rachel S. Friedland Yes
Commissioner Billy Joel Yes
Commissioner Paul A. Kruss Yes
Vice Mayor Dr. Linda Marks Yes
Mayor Howard S. Weinberg Yes
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Underlined provisions constitute proposed additions to existing text. Remaining provisions are now in
effect and remain unchanged.
City of Aventura Ordinance No. 2024-20
PASSED on first reading this 1st day of October, 2024.
PASSED AND ADOPTED on second reading this 17t" day of October, 2024.
OWARD S. WEINBERG, ESQ
MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
ROBERT MEYERS
CITY ATTORNEY
WEIS SEROTA HELFMAN COLE + BIERMAN, P.L.
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Underlined provisions constitute proposed additions to existing text. Remaining provisions are now in
effect and remain unchanged.