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LTC 129-2018 City of Weston Resolution NOS. 2018-28; 2018-29; ANMIAMI BEACH OFFICE OF THE CITY CLERK No. 129-2018 LETTER TO COMMISSION TO: Mayor Dan Gelber and Members of t e City Commission FROM: Rafael E. Granada, City Clerk DATE: March 7, 2018 SUBJECT: CITY OF WESTON RESOLUTION NOS. 2018-28; 2018-29; AND 2018-30 Attached for your information are Resolution Nos. 2018-28; 2018-29; and 2018-30, adopted by the Mayor and City Commission of the City of Weston on February 26, 2018. RESOLUTION NO. 2018-28 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WESTON, FLORIDA, REQUESTING AND URGING THE SCHOOL BOARD OF BROWARD COUNTY ("SBBC") TO FUND ITS PORTION FOR THREE ADDITIONAL SCHOOL RESOURCE OFFICERS TO BE PLACED IN SBBC ELEMENTARY SCHOOLS LOCATED IN THE CITY. RESOLUTION NO. 2018-29 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WESTON, FLORIDA, CALLING ON THE STATE OF FLORIDA, GOVERNOR RICK SCOTT, PRESIDENT DONALD TRUMP, AND THE FEDERAL GOVERNMENT TO REDUCE GUN VIOLENCE IN AMERICA AND HELP PREVENT FUTURE MASS SHOOTINGS BY REQUIRING A BACKGROUND CHECK FOR EVERY FIREARM SALE; SUPPORTING THE PASSAGE OF A RED FLAG LAW; SUPPORTING RAISING THE AGE FOR LEGAL PURCHASE OF FIREARMS, MAGAZINES, AND AMMUNITION TO 21; SUPPORTING THE PASSAGE OF LEGISLATION THAT WOULD KEEP MILITARY -STYLE WEAPONS AND HIGH-CAPACITY MAGAZINES AWAY FROM OUR SCHOOLS; URGING THE FLORIDA LEGISLATURE TO REPEAL THE PUNITIVE PUNISHMENTS OF ELECTED OFFICIALS SET FORTH IN SECTION 790.33, FLORIDA STATUTES, RESOLUTION NO. 2018-030 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WESTON, FLORIDA, AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO FILE A LAWSUIT SEEKING A DECLARATION THAT THE PROVISIONS PUNISHING ELECTED OFFICIALS SET FORTH IN SECTION 790.33, FLORIDA STATUTES, FOR VIOLATING THE PREEMPTION RELATED TO THE REGULATION OF FIREARMS AND AMMUNITION ARE INVALID, AND INVITING OTHER LOCAL GOVERNMENTS TO JOIN THE LAWSUIT. The City of Weston Clerk has requested that a copy of these resolutions be provided to the Miami Beach Mayor and Commissioners. If you have any questions, please contact the Office of the City Clerk at 305.673.7411. Attachments F:\CLER\$ALL\CILIA\LTC's - Transmittal's\Resolutions 2018-28; 29; 30 City of Weston.docx CITY OF WESTON, FLORIDA RESOLUTION NO. 2018-28 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WESTON, FLORIDA, REQUESTING AND URGING THE SCHOOL BOARD OF BROWARD COUNTY ("SBBC") TO FUND ITS PORTION FOR THREE ADDITIONAL SCHOOL RESOURCE OFFICERS TO BE PLACED IN SBBC ELEMENTARY SCHOOLS LOCATED IN THE CITY. WHEREAS, First, the School Board of Broward County (the "SBBC") owns and operates ten schools located in the City of Weston (the "City"); and WHEREAS, Second, the City contracts with the Broward Sheriff's Office (the "Sheriff") for police services within the City; and WHEREAS, Third, the SBBC has established a School Resource Officer Program ("SRO Program") pursuant to applicable Horida law; and WHEREAS, Fourth, the SBBC desires to provide law enforcement officers to serve as School Resource Officers ("SRO") in SBBC schools; and WHEREAS, Fifth, the City, the SBBC, and the Sheriff agree that the SRO Program is a great benefit to the school administration, the student body, and the community as a whole; and WHEREAS, Sixth, SRO's are placed in the SBBC schools located in the City and are funded in part via the School Resource Officer Agreement between the SBBC and the Sheriff, with the balance of the funding via the Agreement between the City and the Sheriff for Police Services; and WHEREAS, Seventh, the SBBC funds in part and the City funds the balance the Sheriff's SROs in SBBC schools located in the City, being two at Cypress Bay High School; one at Tequesta Trace Middle School; one at Falcon Cove Middle School; and three shared among Country Isles, Indian Trace, Eagle Point, Everglades, Gator Run, and Manatee Isles Elementary Schools, for a total of seven SROs; and WHEREAS, Eighth, the City requests the SBBC to fund the SBBC's portion three additional SROs commencing October 1, 2018 for placement at SBBC elementary schools located in the City; and WHEREAS, Ninth, the City is willing to fund its portion of the requested three additional SRO's commencing October 1, 2018; and WHEREAS, Tenth, the SBBS's fulfilling of the City's request that the SBBC fund its portion of the three additional SROs, and the City's willingness to fund the balance of the three additional SRO's, will enable the Sheriff to place one SRO at each of the SBBC's elementary schools located in the City. #68986 v2 Resolution No. 2018-28 Page 1 of 2 RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WESTON, FLORIDA, REQUESTING AND URGINING THE SCHOOL BOARD OF BROWARD COUNTY (NSBBC")10 FUND ITS PORTION FOR THREE ADDITIONAL SCHOOL RESOURCE OFFICERS TO BE PLACED IN SBBC ELEMENTARY SCHOOLS LOCATED IN THE CITY. NOW THEREFORE BE IT RESOLVED by the City Commission of the City of Weston, Florida: Section. 1: The foregoing recitals contained in the preamble to this Resolution are incorporated by reference herein. Section 2: The City of Weston requests the School Board of Broward County to fund its portion of three additional School Resource Officers to be placed in School Board of Broward County elementary schools located in Weston. Section 3: The City of Weston is will fund its portion of the three additional School Resource Officers subject to the School Board of Broward County funding its portion. Section 4: The City Clerk is directed to send a certified copy of this Resolution to the Members of the School of the School Board of Broward County, the Superintendent of Schools, and the Sheriff of Broward County. Section 5: This Resolution shall take effect upon its adoption. ADOPTED by the City Commission of the City of Weston, Florida, this 26' day of Fesi ary 2018. A i EST: Patricia A. Bates, City Clerk Approved as to form and legality for the use of and jIiance by the City of -ston Jamie Al ole, City Attorney #68986 v2 Resolution No, 2018-28 Daniel J. Stermer, ayor Roil Call: Commissioner Jaffe Commissioner Feuer Commissioner Kaltman Commissioner Brown Mayor Stermer Yes Yes Yes Yes Yes Page 2 of 2 CITY OF WESTON, FLORIDA RESOLUTION NO. 2018-29 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WESTON, FLORIDA, CALLING ON THE STATE OF FLORIDA, GOVERNOR RICK SCOTT, PRESIDENT DONALD TRUMP, AND THE FEDERAL GOVERNMENT TO REDUCE GUN VIOLENCE IN AMERICA AND HELP PREVENT FUTURE MASS SHOOTINGS BY REQUIRING A BACKGROUND CHECK FOR EVERY FIREARM SALE; SUPPORTING THE PASSAGE OF A RED FLAG LAW; SUPPORTING RAISING THE AGE FOR LEGAL PURCHASE OF FIREARMS, MAGAZINES, AND AMMUNITION TO 21; SUPPORTING THE PASSAGE OF LEGISLATION THAT WOULD KEEP MILITARY -STYLE WEAPONS AND HIGH-CAPACITY MAGAZINES AWAY FROM OUR SCHOOLS; URGING THE FLORIDA LEGISLATURE TO REPEAL THE PUNITIVE PUNISHMENTS OF ELECTED OFFICIALS SET FORTH IN SECTION 790.33, FLORIDA STATUTES. WHEREAS, First, an increase in the amount of hate groups, international and lone wolf domestic terrorism, underfunded community mental health programs, and easy access to military grade, high capacity magazine assault weapons have created circumstances which have led to an unprecedented number of mass shootings in American communities in recent years; and WHEREAS, Second, on February 14, 2018, Nikolas Cruz shot and killed 17 people, including students, teachers, and coaches, and wounded 14 others at Marjory Stoneman Douglas High School in Parkland, Florida; and WHEREAS, Third, on November 5, 2017, Devin Patrick shot and killed 26 people and injured 20 others at the First Baptist Church in Sutherland Springs, Texas; and WHEREAS, Fourth, on October 1, 2017, Stephen Paddock, who had an arsenal of 23 weapons and accessories, shot and killed 58 people and injured more than 500, at the Harvest Music Festival in Las Vegas, Nevada; and WHEREAS, Fifth, on June 12, 2016, Omar Saddiqui Mateen, using a legally purchased semi- automatic rifle, shot and killed 49 people and injured at least 50 people at the Pulse Nightclub in Orlando, Florida; and WHEREAS, Sixth, on December 14, 2012, Adam Lanza, using two semi-automatic handguns, shot and killed 27 people, including 20 children at Sandy Hook Elementary School; and WHEREAS, Seventh, on October 21, 2012, Radcliffe Haughton, using a semi-automatic handgun, shot and killed his estranged wife and 2 others; and though a restraining order had been issued against Haughton — making him a prohibited person under federal law — Haughton was able to avoid a background check by purchasing the gun from a private seller through armslist.com; and WHEREAS, Eighth, on August 5, 2012, Wade Michael Page, using a semi-automatic handgun, shot and killed 6 people and injured 3 others at a Sikh temple in Oak Creek, Wisconsin; and #69001v1 Resolution No. 2018-29 Page 1 of 7 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WESTON, FLORIDA, CALLING ON THE STATE OF FLORIDA, GOVERNOR RICK SCOTT, PRESIDENT DONALD TRUMP, AND THE FEDERAL GOVERNMENT TO REDUCE GUN VIOLENCE IN AMERICA AND HELP PREVENT FUTURE MASS SHOOTINGS BY REQUIRING A BACKGROUND CHECK FOR EVERY FIREARM SALE; SUPPORTING THE PASSAGE OF A RED FLAG LAW; SUPPORTING RAISING THE AGE FOR LEGAL PURCHASE OF FIREARMS, MAGAZINES, AND AMMUNITION TO 21; SUPPORTING THE PASSAGE OF LEGISLATION THAT WOULD KEEP MILITARY -STYLE WEAPONS AND HIGH-CAPACITY MAGAZINES AWAY FROM OUR SCHOOLS; URGING THE FLORIDA LEGISLATURE TO REPEAL THE PUNITIVE PUNISHMENTS OF ELECTED OFFICIALS SET FORTH IN SECTION 790.33, FLORIDA STATUTES. WHEREAS, Ninth, on July 20, 2012, James Holmes, using a semi-automatic rifle and other guns, shot and killed 12 people and injured at Least 58 others in a movie theater in Aurora, Colorado, using some of the thousands of rounds of ammunition that he had recently purchased online without a background check; and WHEREAS, Tenth, on January 8, 2011, Jared Loughner, someone with a reported history of drug abuse and serious mental illness who should have been in the NICS database but was not, killed 6 people in Tucson; and WHEREAS, Eleventh, an April 16, 2007, Seung -Hui Cho shot and killed 32 people at Virginia Tech with guns that were legally purchased because records of his mental health status were missing from the NICS; and WHEREAS, Twelfth, an AR -15 -style rifle was used in the mass shootings in Newton, Connecticut; Aurora, Colorado; San Bernardino, California; Las Vegas, Nevada; Sutherland Springs, Texas; and Parkland, Florida; and WHEREAS, Thirteenth, National and State leaders continue to fail to act to implement sensible gun law reforms that are supported by a majority of the nation; and WHEREAS, Fourteenth, under federal law, licensed gun dealers are mandated to conduct NICS checks before proceeding with a sale, but this requirement does not apply to so-called private sellers who are present in large numbers at gun shows and sell guns over the Internet; and WHEREAS, Fifteenth, more than 12,000 Americans are murdered with guns every year, and too many of these crimes are committed by individuals who are barred from purchasing or possessing guns under federal law; and WHEREAS, Sixteenth, other tragedies including the 1999 Columbine High School shooting in Colorado, the 2010 attack on law enforcement at the Pentagon, and the 2012 mass shooting at a Pittsburgh psychiatric clinic were perpetrated by individuals who obtained guns through unregulated private sales, with no paperwork required and no questions asked; and WHEREAS, Seventeenth, the Fix Gun Checks Act was introduced in the U.S. Congress, and this legislation would have addressed the two major flaws in the nation's gun background check system by improving compliance with federal record reporting requirements, and by requiring background checks for all U.S. gun sales; and #69001v1 Resolution No, 2018.29 Page 2 of 7 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WESTON, FLORIDA, CALLING ON THE STATE OF FLORIDA, GOVERNOR RICK SCOTT, PRESIDENT DONALD TRUMP, AND THE FEDERAL GOVERNMENT TO REDUCE GUN VIOLENCE IN AMERICA AND HELP PREVENT FUTURE MASS SHOOTINGS BY REQUIRING A BACKGROUND CHECK FOR EVERY FIREARM SALE; SUPPORTING THE PASSAGE OF A RED FLAG LAW; SUPPORTING RAISING THE AGE FOR LEGAL PURCHASE OF FIREARMS, MAGAZINES, AND AMMUNITION TO 21; SUPPORTING THE PASSAGE OF LEGISLATION THAT WOULD KEEP MILITARY -STYLE WEAPONS AND HIGH-CAPACITY MAGAZINES AWAY FROM OUR SCHOOLS; URGING THE FLORIDA LEGISLATURE TO REPEAL THE PUNITIVE PUNISHMENTS OF ELECTED OFFICIALS SET FORTH IN SECTION 790.33, FLORIDA STATUTES. WHEREAS, Eighteenth, the City has repeatedly tried to get legislation passed regarding exercising its home rule authority to regulate firearms upon local government owned property and supported efforts to reduce gun violence; and WHEREAS, Nineteenth, on January 22, 2013, the City Commission adopted Resolution No. 2013-03, urging the Florida Legislature to repeal certain sections of Florida Statutes that prevent local governments from exercising their Home Rule Authority to regulate and/or prohibit firearms in public parks and other local government owned facilities and property; and WHEREAS, Twentieth, on October 21, 2013, the City Commission adopted Resolution No. 2013-130, supporting efforts to reduce gun violence and illegal firearms trafficking through more responsible gun sales and marketing practices; and WHEREAS, Twenty-first, on April 7, 2014, the City Commission adopted Resolution No. 2014-34, supporting House Bill 305 and Senate Bill 492, amending Florida Statutes to permit a local government to exercise its home rule authority to regulate firearms and ammunition upon local government owned property; and WHEREAS, Twenty-second, the City is a strong advocate for common-sense policies that keep guns out of dangerous hands while respecting the rights of law-abiding gun owners, and strongly believes that Congress and state governments should take action to dose deadly gaps in the NICS; and WHEREAS, Twenty-third, more than 50 national organizations support closing gaps in the gun background check database and requiring a background check for all gun sales, including the U.S. Conference of Mayors, National Urban League, National Association for the Advancement of Colored People, the National Coalition Against Domestic Violence, the International Association of Chiefs of Police, the Major Cities Chiefs Association, and the Police Executive Research Forum; and WHEREAS, Twenty-fourth, Red Flag laws, which have been increasingly adopted by states, allow family members and law enforcement to seek an Extreme Risk Protection Order, a court order temporarily restricting a person's access to guns when they pose a danger to self or others; and WHEREAS, Twenty-fifth, currently pending in the Florida Legislature is House BiII 231 and Senate Bill 530 which would implement a Red Flag Law, and had these bills been previously passed and signed into law, there is a high likelihood the Parkland massacre could have been averted and those loved ones saved; and #69001v1 Resolution No. 2018-29 Page 3 of 7 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WESTON, FLORIDA, CALLING ON THE STATE OF FLORIDA, GOVERNOR RICK SCOTT, PRESIDENT DONALD TRUMP, AND THE FEDERAL GOVERNMENT TO REDUCE GUN VIOLENCE IN AMERICA AND HELP PREVENT FUTURE MASS SHOOTINGS BY REQUIRING A BACKGROUND CHECK FOR EVERY FIREARM SALE; SUPPORTING THE PASSAGE OFA RED FLAG LAW; SUPPORTING RAISING THE AGE FOR LEGAL PURCHASE OF FIREARMS, MAGAZINES, AND AMMUNITION TO 21; SUPPORTING THE PASSAGE OF LEGISLATION THAT WOULD KEEP MILITARY -STYLE WEAPONS AND HIGH-CAPACITY MAGAZINES AWAY FROM OUR SCHOOLS; URGING THE FLORIDA LEGISLATURE TO REPEAL THE PUNITIVE PUNISHMENTS OF ELECTED OFFICIALS SET FORTH IN SECTION 790.33, FLORIDA STATUTES. WHEREAS, Twenty-sixth, with some exceptions, federal law prohibits the possession of a handgun or handgun ammunition by any person under the age of 18 but does not set a minimum age for the possession of long guns or long gun ammunition; and WHEREAS, Twenty-seventh, under Florida law, the purchase of a long gun is allowed for a person under 21 years of age; and WHEREAS, Twenty-eighth, in order to restrict such purchase and/or possession of a long gun, high capacity magazines and ammunition, the Florida legislature would need to amend Fla. Stat. §§ 790.17(2), 790.18, 790.22(3), (5), Fla. Stat.; and WHEREAS, Twenty-ninth, in response to mass shootings resulting in the massacre of students, teachers and others, Maryland, Connecticut, and New York passed similar prohibitions on sales of assault weapons and Targe capacity magazines, these laws have been upheld as constitutional by Federal courts; and WHEREAS, Thirtieth, presently pending in Florida is similar legislation, Senate Bill 196 and House Bill 219 which would prohibit "the sale or transfer of an assault weapon or large -capacity magazine; specifying circumstances in which the manufacture or transportation of assault weapons or Targe -capacity magazines is not prohibited; providing enhanced criminal penalties for certain offenses when committed with an assault weapon or large -capacity magazine, etc."; and WHEREAS, Thirty-first, following the lead of other states, and having had Federal Courts consistently hold that such restrictions are constitutional, it is time to implement such restrictions; and WHEREAS, Thirty-second, in 2011, the Florida Legislature passed, and Governor Scott signed into law, Chapter 2011-109, Laws of Florida, amending Section 790.33, Florida Statutes, to allows a court to assess a fine of up to $5,000 against an elected or appointed official for a knowing and willful violation; prohibits the use of public funds for defense of a knowing and willful violation; allows the Governor to remove from office, without due process of law, any person acting in an official capacity for a local authority, including an elected official, who passes an ordinance or causes to be enforced a local ordinance, administrative rule or regulation impinging on the exclusive authority of Florida legislature to regulate firearms and ammunition in all respects; and awards attorneys' fees to a prevailing plaintiff; and WHEREAS, Thirty-third, local governments have a duty to protect their residents, visitors, tourists, and businesses and that such duty should not be infringed upon by State government; and #69001v1 Resolution No. 2018-29 Page 4 of 7 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WESTON, FLORIDA, CALLING ON THE STATE OF FLORIDA, GOVERNOR RICK SCOTT, PRESIDENT DONALD TRUMP, AND THE FEDERAL GOVERNMENT TO REDUCE GUN VIOLENCE IN AMERICA AND HELP PREVENT FUTURE MASS SHOOTINGS BY REQUIRING A BACKGROUND CHECK FOR EVERY FIREARM SALE; SUPPORTING THE PASSAGE OF A RED FLAG LAW; SUPPORTING RAISING THE AGE FOR LEGAL PURCHASE OF FIREARMS, MAGAZINES, AND AMMUNITION TO 21; SUPPORTING THE PASSAGE OF LEGISLATION THAT WOULD KEEP MILITARY -STYLE WEAPONS AND HIGH-CAPACITY MAGAZINES AWAY FROM OUR SCHOOLS; URGING THE FLORIDA LEGISLATURE TO REPEAL THE PUNITIVE PUNISHMENTS OF ELECTED OFFICIALS SET FORTH IN SECTION 790.33, FLORIDA STATUTES, WHEREAS, Thirty-fourth, the City Commission urgently requests the Governor and Legislature of the State of Florida to address this deficit in law by enacting legislation that would allow municipalities the ability to address these public health, safety and welfare items by enacting local legislation without fear of removal from office, in accordance with the unique local characteristics of a community and with due respect to the risk to public; and WHEREAS, Thirty-fifth, the City Commission deems it to be in the best interest of the residents and citizens of the City of Weston to call on the State of Florida Governor Rick Scott, President Donald Trump, and the Federal Government to reduce gun violence in America and help prevent future shootings by requiring a background check for every firearm sale; to support the passage of a Red Flag Law; to support raising the age for legal purchase of firearms, magazines, and ammunition to 21; and to support the passage of legislation that would keep military style weapons and high- capacity magazines away from our schools. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Weston, Florida: Section 1: The foregoing recitals contained in the preamble to this Resolution are incorporated by reference herein. Section 2: The City Commission supports Federal Legislation that would require a background check for every firearm sale whether the legislation is enacted by passage of the Fix Gun Checks Act in the United States Congress or some other legislation. Section 3: The City Commission urges the Florida legislature to immediately pass House Bill 231/Senate Bill 530, popularly described as a "Red Flag Law/' to protect our community from those who are identifiable as a threat to safety and security. Section 4: The City Commission urges immediate amendment to Florida law to raise the age for legal purchase of guns, including long guns, high capacity magazines, and ammunition to 21 years of age. Section 5: The City Commission urges immediate passage of legislation that would get military -style weapons and high-capacity magazines away from our community and especially our schools and that would increase the minimum age to purchase and possess a weapon from age 18 to age 21, Section 6: The City Commission urges the Florida legislature to repeal the draconian punitive punishments of elected officials set forth in Florida Statutes section 790.33. #69001v1 Resolution No. 2018-29 Page 5 of 7 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WESTON, FLORIDA, CALLING ON THE STATE OF FLORIDA, GOVERNOR RICK SCOTT, PRESIDENT DONALD TRUMP, AND THE FEDERAL GOVERNMENT TO REDUCE GUN VIOLENCE IN AMERICA AND HELP PREVENT FUTURE MASS SHOOTINGS BY REQUIRING A BACKGROUND CHECK FOR EVERY FIREARM SALE; SUPPORTING THE PASSAGE OF A RED FLAG LAW; SUPPORTING RAISING THE AGE FOR LEGAL PURCHASE OF FIREARMS, MAGAZINES, AND AMMUNITION TO 21; SUPPORTING THE PASSAGE OF LEGISLATION THAT WOULD KEEP MILITARY -STYLE WEAPONS AND HIGH.CAPACITY MAGAZINES AWAY FROM OUR SCHOOLS; URGING THE FLORIDA LEGISLATURE TO REPEAL THE PUNITIVE PUNISHMENTS OF ELECTED OFFICIALS SET FORTH IN SECTION 790.33, FLORIDA STATUTES. Section 7: The City Commission urges Florida Governor Rick Scott to take action to pass gun reform, even if it means extending the 2018 legislative session, to: a. Raise the minimum age to allow the purchase of guns and ammunition to 21; b. Eliminate the loopholes in the private transfer of weapons and require full background checks for all sales and transfers of firearms; c. Repeal the penalties in Section 790.33(3), Florida Statutes; d. Enact legislation regarding Red Flag Law to allow Extreme Risk Protection Orders such as those proposed in House Bill 231 and Senate Bill 530; e. Enact the Gun Safety legislation set forth in Senate Bill 196 and House Bill 219 to place constitutional restrictions on the sale and transfer of assault -style weapons and high-capacity magazines. Section 8: The City Clerk is directed to distribute this Resolution to President Donald Trump, Governor Rick Scott, the United States Congressional Delegations from Florida, the Broward County Legislative Delegation, and the Broward League of Cities. Section 9: The appropriate City officials are authorized to execute all necessary documents and to take any necessary action to effectuate the intent of this Resolution. Section 10: This Resolution shall take effect upon its adoption. #69001v1 Resolution No. 2018-29 Page 6 of 7 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WESTON, FLORIDA, CALLING ON THE STATE QF FLORIDA, GOVERNOR RICK SCOTT, PRESIDENT DONALD TRUMP, AND THE FEDERAL GOVERNMENT TO REDUCE GUN VIOLENCE IN AMERICA AND HELP PREVENT FUTURE MASS SHOOTINGS BY REQUIRING A BACKGROUND CHECK FOR EVERY FIREARM SALE; SUPPORTING THE PASSAGE OF A RED FLAG LAW; SUPPORTING RAISING THE AGE FOR LEGAL PURCHASE OF FIREARMS, MAGAZINES, AND AMMUNITION TO 21; SUPPORTING THE PASSAGE OF LEGISLATION THAT WOULD KEEP MILITARY -STYLE WEAPONS AND HIGH-CAPACITY MAGAZINES AWAY FROM OUR SCHOOLS; URGING THE FLORIDA LEGISLATURE TO REPEAL THE PUNITIVE PUNISHMENTS OF ELECTED OFFICIALS SET FORTH IN SECTION 79033, FLORIDA STATUTES, ADOPTED by the City Commission of the City of Weston, Florida, this 2 ATTEST: ¶frtf at icia A. Bates, City Clerk Approved as to form and legality for the use dtand retia ce by the City of ).Wstqn only: Jamie Alan C/61e, City Attorney Dane I oil tiff, mer, Mayor Roll Cath Commissioner Jaffe Commissioner Feuer Commissioner Kaltman Commissioner Brown Mayor Stermer 2018. Yes Yes Yes Yes Yes #69001v1 Resolution No. 2018-29 Page 7 of 7 CITY OF WESTON, FLORIDA RESOLUTION NO, 2018-30 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WESTON, FLORIDA, AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO FILE A LAWSUIT SEEKING A DECLARATION THAT THE PROVISIONS PUNISHING ELECTED OFFICIALS SET FORTH IN SECTION 790.33, FLORIDA STATUTES, FOR VIOLATING THE PREEMPTION RELATED TO THE REGULATION OF FIREARMS AND AMMUNITION ARE INVALID, AND INVITING OTHER LOCAL GOVERNMENTS TO JOIN THE LAWSUIT. WHEREAS, First, over the past several years there have been an unprecedented number of mass shootings in American communities including, most recently, at Marjory Stoneman Douglas High School in Parkland, Horida; and WHEREAS, Second, National and State leaders continue to fail to act to implement sensible gun law reforms that are supported by a majority of the nation; and WHEREAS, Third, the residents of Weston have repeatedly petitioned that the City Commission take action regarding gun violence, including requests that the City ban, restrict or take other steps that would reduce the threat from firearms in City facilities and parks; and WHEREAS, Fifth, on January 22, 2013, the City Commission adopted Resolution No. 2013- 03, urging the Florida Legislature to repeal certain sections of Florida Statutes that prevent local governments from exercising their Home Rule Authority to regulate and/or prohibit firearms in public parks and other local government-owned facilities and property; and WHEREAS, Sixth, on April 7, 2014, the City Commission adopted Resolution No. 2014-34, supporting House Bill 305 and Senate Bill 492, which would have amended Florida Statutes to permit a local government to exercise its Home Rule Authority to regulate firearms and ammunition upon local government-owned property; and WHEREAS, Seventh, the City's requests to the State Legislature to enact legislation relating to firearms in City facilities and parks, or to allow the City to do so, have been unsuccessful; and WHEREAS, Eighth, in Section 790.33, Florida Statutes, the State of Florida (a) declared that it is occupying the whole field of regulation of firearms and ammunition, to the exclusion of all existing and future county or city ordinances, regulations or rules, (b) purports to prohibit the enactment of any future ordinances or regulations "relating to firearms,' and (c) also purports to create potential liability for damages for actions other than ordinances and regulations, including any "measure, directive, rule, enactment, order, or policy promulgated or caused to be enforced"; and WHEREAS, Ninth, the purported preemption, by using the terms "relating to firearms" and "any measure, directive, rule, enactment, order or policy promulgated," is extremely broad and vague, and could apply to a panoply of measures that the City would like to consider enacting, #69619 v1 Resolution No. 2018-38 Page 1 of 4 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WESTON, FLORIDA, AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO FILE A LAWSUIT SEEKING A DECLARATION THAT THE PROVISIONS PUNISHING ELECTED OFFICIALS SET FORTH IN SECTION 79033, FLORIDA STATUTES, FOR VIOLATING THE PREEMPTION RELATED TO THE REGULATION OF FIREARMS AND AMMUNITION ARE INVALID, AND INVITING OTHER LOCAL GOVERNMENTS TO JOIN THE LAWSUIT. including the restricting of guns in City facilities and parks, the placing of signs relating to guns in City facilities and parks, the regulation of gun accessories (such as holsters or bump stocks) or the creating of "gun free zones" or "gun safe zones"; and WHEREAS, Tenth, the potential violation of the broad and vague preemption of firearm regulation in Section 790.33, Florida Statutes, carries the risk of onerous and punitive consequences, including but not limited to damages up to $100,000 and fines up to $5,000 (for which the official may be personally liable), removal from office by the Governor without due process of law, and a prohibition of the use of public funds to pay or reimburse the official for fines, damages or defense costs (collectively, the "Onerous Preemption Penalties"); and WHEREAS, Eleventh, as a result of the Onerous Preemption Penalties, the City Commission and its members fear taking any steps that could even remotely be viewed as a violation of the preemption, creating a chilling effect upon City action and preventing the City Commission from responding to the petitions and requests of the City's residents to do something to protect against the dangers of firearms; and WHEREAS, Twelfth, the City Commission and its members desire to consider various reasonable measures related to firearms, including the restriction of guns in City facilities and parks, the placing of signs related to guns in City facilities and parks, the regulation of gun accessories (such as holsters or bump stocks), the creation of 'gun free zones" or "gun safe zones," or other measures related to guns, but have refrained from doing so because they could possibly be viewed as falling under the preemption and be subjected to the Onerous Preemption Penalties; and WHEREAS, Thirteenth, the Onerous Preemption Penalties strike at the core of the American system of democratic representation: they suppress, in an insidious, Orwellian fashion, the voice of the local electorate through intimidation of local elected officials; and WHEREAS, Fourteenth, the Onerous Preemption Penalties infringe on the free speech rights of the City Commission and its members, and interfere with their ability to perform their official duties; and WHEREAS, Fifteenth, the Onerous Preemption Penalties infringe upon the legislative immunity the members of the City Commission enjoy under law when casting votes in their official capacities; and WHEREAS, Sixteenth, the portion of the Onerous Preemption Penalties related to the removal from office by the Governor conflicts with Article 4, Section 7 of the Florida Constitution, by allowing the Governor to remove a municipal official who has not been indicted for any crime, and violates due process; and #69019 vi Resolution No. 2018-30 Page 2 of 4 A RESOLUTION OFTHE CITY COMMISSION OF THE CITY OF WESTON, FLORIDA, AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO FILE A LAWSUIT SEEKING A DECLARATION THAT THE PROVISIONS PUNISHLNG ELECTED OFFICIALS SET FORTH IN SECTION 790.33, FLORIDA STATUTES, FOR VOLATING THE PREEMPTION RELATED TO THE REGULATION OF FIREARMS AND AMMUN1TION ARE INVALID, AND INVITING OTHER LOCAL GOVERNMENTS TOJOIN THE LAWSUIT. WHEREAS, Seventeenth, the City Commission believes it is in the best interest of the residents of the City to file a lawsuit seeking a declaration that the Onerous Preemption Penalties are invalid and urging other local governments to join the lawsuit as plaintiffs with the City. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Weston, Florida: Section 1: The foregoing recitals contained in the preamble to this Resolution are incorporated by reference herein. Section 2: The City Commission hereby authorizes and directs the City Attorney to file a lawsuit naming the City and those any indMdua Members of the Commission (in their official capacity) who choose to participate, as plaintiffs, seeking declaratory and other appropriate relief to challenge the Onerous Preemption Penalties contained in Section 790.33, Florida Statutes, based upon any appropriate legal theories, including those set forth above. Section 3: The City Commission invites and urges other local governments and elected officials to join the City as plaintiffs in the lawsuit and to coordinate their efforts with the City. Section 4: The City Clerk is directed to distribute this Resolution to all local governments in Broward County. Section 5: The appropriate City officials are authorized to execute all necessary documents and to take any necessary action to effectuate the intent of this Resolution. Section 6: This Resolution shall take effect upon its adoption. #69019 vi Resolution No, 2018-30 Page 3 of 4 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WESTON, FLORIDA, AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO FILE A LAWSUIT SEEKING A DECLARATION THAT THE PROVISIONS PUNISHING ELECTED OFFICIALS SET FORTH IN SECTION 790.33, FLORIDA STATUTES, FOR VIOLATING THE PREEMPTION RELATED TO THE REGULATION OF FIREARMS AND AMMUNITION ARE INVALID, AND INVITING OTHER LOCAL GOVERNMENTS TO gm THE LAWSUIT. ADOPTED by the City Commission of the City of Weston, Florida, this y if Fe ary 2018. ATTEST: 6r/ atricia A. Bates, City Clerk Approved as to form and legality for the useia and relia4ce by the City of/West n on/f J mieAlah le, City Attorney Roll Call: Commissioner Jaffe Commissioner Feuer Commissioner Kallman Commissioner Brown Mayor Stermer Yes Yes Yes Yes Yes #69019 v1 Resolution No. 2018-30 Page 4 of 4