Consistent with Florida Statutes and Miami Beach City Code, I am proposing the attached resolution in response to the recent anti-Israel measure taken by Ben & Jerry’s in support of the Boycott, Divestment, and Sanctions (BDS) movement in refusing to sell its products in parts of Israel.

I have previously expressed my position that City Commission agenda items should be focused on Miami Beach and bear a direct relationship to Miami Beach. To this end, the purpose of this resolution is to raise awareness as to specific provisions of Section 287.135 of the Florida Statutes and Section 2-375 of the Miami Beach City Code which are relevant to the Ben & Jerry’s anti-Israel boycott. Specifically, Section 2-375 of the City Code ensures that the City will not be party to such discriminatory business practices and boycotts, and provides that the City shall not procure goods or services from, or otherwise contract with, a business which engages in the boycott of a nation or country.

As Ben & Jerry’s recent actions implicate the City Code, the purpose of this resolution is to (1) direct the Administration to take steps to ensure we comply with our City Code, and not enter into any contracts or procure any Ben & Jerry’s products or services for any purpose, such as parks-related or other events in the City, (2) as the provisions of the City Code may also apply to Ben & Jerry’s parent company, Unilever PLC, directing the Administration to review any proposed future contracts with Unilever with the City Attorney’s Office, to ensure compliance with State Law and City Code, and (3) directing the Administration to evaluate whether the foregoing conduct would prohibit the City from holding investments in Unilever PLC and its related entities, or require any divestment thereof.

Please feel free to contact Amadeus Huff for additional information.