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LTC 146-2018 City of South Miami Resolution NO. 035-18-15067MIAMI BEACH OFFICE OF THE CITY CLERK No. 146-2018 LETTER TO COMMISSION TO: Mayor Dan Gelber and Members of the City ommission FROM: Rafael E. Granado, City Clerk DATE: March 19, 2018 SUBJECT: CITY OF SOUTH MIAMI RESOLUTION NO. 035-18-15061 Attached for your information is Resolution No. 035-18-15067, adopted by the Mayor and the Commission of the City of South Miami on March 6, 2018. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO JOIN THE LAWSUIT FILED BY THE CITY OF WESTON 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. The City of South Miami Clerk has requested that a copy of this resolution 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. REG/Ic Attachment F:\CLER\$ALL\LILIA\LTC's - Transmittal's\Resolution 035-18-15067 City of South Miami.docx RESOLUTION NO. 035-1845067 A Resolution of the Mayor and City Commission of the City of South Miami, Florida. authorizing and directing the City Attorney to join the lawsuit filed by the City of Weston 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 andammunition are invalid. WHEREAS, 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, Florida; and WHEREAS, 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, on January 22, 2013, the City Commission for the City of Weston adopted Resolution No. 201303, 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, on April 7, 2014, the City Commission for the City of Weston 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, requests by the City of Weston to the Florida 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, 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) prohibit the enactment of any future ordinances or regulations "relating to firearms," and (c) creates potential liability for monetary damages and removal from office for actions that violate s. 790.33; and WHEREAS, Section 790.33's use of 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, 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, 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 5100,000, assessment of attorney fees Page 1 of 3 Res. No. 035-18-15067 and court costs, fines up to 55,000 (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, the City Commission and its members fear taking any steps that could even remotely be viewed as a violation of the preemption due to the Onerous Preemption Penalties which creates a chilling effect upon City action and it prevents the City Commission from doing its duty to provide for the safety and welfare of its citizens by protecting them against the dangers of firearms; and WHEREAS, 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 violating s. 790.33 and be subjected to the Onerous Preemption Penalties; and WHEREAS, the Onerous Preemption Penalties strike at the core of the American system of democratic representation; they suppress the voice of the local electorate through intimidation of local elected officials; and WHEREAS, 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, the Onerous Preemption Penalties infringe upon the legislative immunity that the members of the City Commission enjoy under law when casting votes in their official capacities; and -WHEREAS, s. 790.33 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 WHEREAS, 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. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSIONERS OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1: The foregoing recitals contained in the preamble to this Resolution are incorporated by reference herein. Section 2: The City Attorney is hereby authorized and instructed to engage with the City of Weston in its lawsuit seeking declaratory and other appropriate relief to challenge the Onerous Page 2 of 3 Res. No. 035-18-15067 Preemption Penalties contained in Section 79033, 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 of Weston. Section 4: The City Clerk is directed to distribute this Resolution to all local governments in Miami -Dade 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: Severability. If any section clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this resolution. Section 7: Effective Date. This resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this 6th day of March, 2018. READ AND LAN E APPROVED: M9tf64t4 MAYI5R ROVED AS 1 FORM, COMMISSION VOTE: 5-0 GALIT XECUTION Mayor Stoddard: Yea THE' ! Vice Mayor Harris: Yea Commissioner Welsh: Yea Commissioner Liebman: Yea Commissioner Gil: Yea ORNEY Page 3 of 3 1 CITY OF WESTON, FLORIDA 2 RESOLUTION NO. 2018-30 3 4 5 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WESTON, 6 FLORIDA, AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO FILE A 7 LAWSUIT SEEKING A DECLARATION THAT THE PROVISIONS PUNISHING 8 ELECTED OFFICIALS SET FORTH IN SECTION 790.33, FLORIDA STATUTES, FOR 9 VIOLATING THE PREEMPTION RELATED TO THE REGULATION OF FIREARMS 10 AND AMMUNITION ARE INVALID, AND INVITING OTHER LOCAL 11 GOVERNMENTS TO JOIN THE LAWSUIT. 12 13 WHEREAS, First, over the past several years there have been an unprecedented number of 14 mass shootings in American communities including, most recently, at Marjory Stoneman Douglas 15 High School in Parkland, Florida; and 16 17 WHEREAS, Second, National and State leaders continue to fail to act to implement sensible 18 gun law reforms that are supported by a majority of the nation; and 19 20 WHEREAS, Third, the residents of Weston have repeatedly petitioned that the City 21 Commission take action regarding gun violence, including requests that the City ban, restrict or take 22 other steps that would reduce the threat from firearms in City facilities and parks; and 23 24 WHEREAS, Fifth, on January 22, 2013, the City Commission adopted Resolution No. 2013- 25 03, urging the Florida Legislature to repeal certain sections of Florida Statutes that prevent local 26 governments from exercising their Home Rule Authority to regulate and/or prohibit firearms in public 27 parks and other local government-owned facilities and property; and 28 29 WHEREAS, Sixth, on April 7, 2014, the City Commission adopted Resolution No. 2014-34, 30 supporting House Sill 305 and Senate Bill 492, which would have amended Florida Statutes to permit 31 a local government to exercise its Home Rule Authority to regulate firearms and ammunition upon 32 local government-owned property; and 33 34 WHEREAS, Seventh, the City's requests to the State Legislature to enact legislation relating to 35 firearms in City facilities and parks, or to allow the City to do so, have been unsuccessful; and 36 37 WHEREAS, Eighth, in Section 790.33, Florida Statutes, the State of Florida (a) declared that it 38 is occupying the whole field of regulation of firearms and ammunition, to the exclusion of all existing 39 and future county or city ordinances, regulations or rules, (b) purports to prohibit the enactment of 40 any future ordinances or regulations "relating to firearms," and (c) also purports to create potential 41 liability for damages for actions other than ordinances and regulations, including any "measure, 42 directive, rule, enactment, order, or policy promulgated or caused to be enforced"; and 43 44 WHEREAS, Ninth, the purported preemption, by using the terms "relating to firearms" and 45 "any measure, directive, rule, enactment, order or policy promulgated," is extremely broad and 46 vague, and could apply to a panoply of measures that the City would like to consider enacting, #59019 v1 Resolution No. 2018-30 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 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. 1 including the restricting of guns in City facilities and parks, the placing of signs relating to guns in 2 City facilities and parks, the regulation of gun accessories (such as holsters or bump stocks) or the 3 creating of "gun free zones" or "gun safe zones"; and 4 5 WHEREAS, Tenth, the potential violation of the broad and vague preemption of firearm 6 regulation in Section 790.33, Florida Statutes, carries the risk of onerous and punitive consequences, 7 including but not limited to damages up to $100,000 and fines up to $5,000 (for which the official 8 may be personally liable), removal from office by the Governor without due process of law, and a 9 prohibition of the use of public funds to pay or reimburse the official for fines, damages or defense 10 costs (collectively, the "Onerous Preemption Penalties"); and 11 12 WHEREAS, Eleventh, as a result of the Onerous Preemption Penalties, the City Commission 13 and its members fear taking any steps that could even remotely be viewed as a violation of the 14 preemption, creating a chilling effect upon City action and preventing the City Commission from 15 responding to the petitions and requests of the City's residents to do something to protect against the 16 dangers of firearms; and 17 18 WHEREAS, Twelfth, the City Commission and its members desire to consider various 19 reasonable measures related to firearms, including the restriction of guns in City facilities and parks, 20 the placing of signs related to guns in City facilities and parks, the regulation of gun accessories (such 21 as holsters or bump stocks), the creation of "gun free zones" or "gun safe zones," or other measures 22 related to guns, but have refrained from doing so because they could possibly be viewed as falling 23 under the preemption and be subjected to the Onerous Preemptiori Penalties; and 24 25 WHEREAS, Thirteenth, the Onerous Preemption Penalties strike at the core of the American 26 system of democratic representation: they suppress, in an insidious, Orwellian fashion, the voice of 27 the local electorate through intimidation of local elected officials; and 28 29 WHEREAS, Fourteenth, the Onerous Preemption Penalties infringe on the free speech rights 30 of the City Commission and its members, and interfere with their ability to perform their official 31 duties; and 32 33 WHEREAS, Fifteenth, the Onerous Preemption Penalties infringe upon the legislative 34 immunity the members of the City Commission enjoy under law when casting votes in their official 35 capacities; and 36 37 WHEREAS, Sixteenth, the portion of the Onerous Preemption Penalties related to the removal 38 from office by the Governor conflicts with Article 4, Section 7 of the Florida Constitution, by allowing 39 the Governor to remove a municipal official who has not been indicted for any crime, and violates 40 due process; and 41 +69019 v1 Resolution No. 2018-30 Page 2 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 JOIN THE LAWSUIT. I WHEREAS, Seventeenth, the City Commission believes it is in the best interest of the residents 2 of the City to file a lawsuit seeking a declaration that the Onerous Preemption Penalties are invalid 3 and urging other local governments to join the lawsuit as plaintiffs with the City. 4 5 NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Weston, Florida: 6 7 Section 1: The foregoing recitals contained in the preamble to this Resolution are incorporated by 8 reference herein. 9 to Section 2: The City Commission hereby authorizes and directs the City Attorney to file a lawsuit I 1 naming the City and those any individual Members of the Commission (in their official capacity) who 12 choose to participate, as plaintiffs, seeking declaratory and other appropriate relief to challenge the 13 Onerous Preemption Penalties contained in Section 790.33, Florida Statutes, based upon any 14 appropriate legal theories, including those set forth above. 15 16 Section 3: The City Commission invites and urges other local governments and elected officials to 17 join the City as plaintiffs in the lawsuit and to coordinate their efforts with the City. 18 19 Section 4: The City Clerk is directed to distribute this Resolution to all local governments in Broward 20 County. 21 22 Section 5: The appropriate City officials are authorized to execute all necessary documents and to 23 take any necessary action to effectuate the intent of this Resolution. 24 25 Section 6: This Resolution shall take effect upon its adoption. 26 27 #69019 vi Resolution No. 2018.36 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 JOIN THE LAWSUIT. 1 ADOPTED by the City Commission of the City of Weston, Florida, this 2 3 4 5 6 7 8 9 ATTEST: 10 11 12 13Patricia A. Bates, City Clerk 14 15 Approved as to form and legality 16 for the use of .an reliance by the 17 City of W"sfon nly: 18 19 20 21 Jamie A. C 22 City Attorney Fi Daniel). Site h,er, Mayor uary 2018. Roll Call: Commissioner Jaffe Commissioner Feuer Commissioner Kallman Commissioner Brown Mayor Stermer yes \_size.5.5 #69019 v t Resolution No. 2018.30 Page 4 of 4 Qunnipiac " ..'( UNIVERSITY / FOR RELEASE: FEBRUARY 28, 2018 Peter A. Brown, Assistant Director (203) 535-6203 Rubenstein Pat Smith (212) 843-8026 FLORIDA VOTERS OPPOSE TEACHERS WITH GUNS, QUINNIPIAC UNIVERSITY POLL FINDS; SUPPORT FOR `ASSAULT WEAPON' BAN ALMOST 24 Florida voters oppose 56 — 40 percent allowing teachers and school officials to carry guns on school grounds, according to a Quinnipiac University Poll released today. Voters with children under 18 years old in public schools oppose arming school personnel 53 — 43 percent. But 51 percent of voters say "increased security at school entrances" would do more to reduce gun violence in schools, compared to 32 percent who say stricter gun laws would do more and 12 percent who say armed teachers would do more to keep schools safe, the independent Quinnipiac (KWIN-uh-pe-ack) University Poll finds. Florida voters support 62 — 33 percent a nationwide ban on the sale of "assault weapons." In a separate question with different wording, voters support 53 — 42 percent a nationwide ban on the sale of all "semi-automatic rifles." Voters support 65 — 29 percent "stricter gun laws," with strong support for other gun control measures: • 96 — 3 percent for requiring background checks for all gun buyers; • 62 — 34 percent for a nationwide ban on the sale of high-capacity magazines that hold more than 10 rounds; • 87 — 10 percent for a mandatory waiting period on all gun purchases; • 78 — 20 percent for requiring that all gun buyers be at least 21 years old; • 89 — 8 percent for allowing police or family members to petition a judge to remove guns from a person who may be at risk of violent behavior; • 92 — 6 percent for banning gun ownership by anyone who has had a restraining order for stalking, domestic abuse or other reasons. "The notion that we are bitterly divided on political matters — the case for past decades — has found an exception to that rule. Florida voters — be they young or old, white or black, man or woman — have a common enemy," said Peter A. Brown, assistant director of the Quinnipiac University Poll. -more- 275 Mounu Carmel Avenue, Hamden, CI 06518.1908 '1' 203.582.5201 F 203.582-8790 w%vw.qu.edu Quinnipiac University Poll/February 28, 2018 — page 2 "Floridians are strongly united that more needs to be done to reign in guns, especially the type of gun used this month to massacre 17 people in Parkland," Brown added. "Depending on how questions are asked, large majorities support efforts to restrict gun purchases; to require background checks for buyers and to ban certain types of guns. "These numbers show remarkable agreement across the electorate, the kind not seen very often these days." It is "too easy" to buy a gun in Florida today, 63 percent of voters say, while 28 percent say it is "about right" and 1 percent say it is "too difficult." Florida voters oppose 56 — 36 percent allowing local governments to adopt gun laws that are stricter than state law. If more people carried guns, Florida would be "less safe," 56 percent of voters say, while 34 percent say the state would be "safer." Florida's state government must do more to reduce gun violence, 75 percent of voters say, while 18 percent say government is doing enough. Voters give Gov. Rick Scott. a split 42 — 45 percent approval rating for his handling of the issue of gun violence. Voters disapprove 54 — 40 percent of President Donald Trump's handling of gun violence and disapprove 50 — 39 percent of the president's response to the Parkland school massacre. Voters disapprove 52 — 31 percent of Sen. Marco Rubio's handling of gun violence and give Sen. Bill Nelson a divided score as 36 percent approve and 37 percent disapprove. Voting Rights for Former Felons Florida voters support 67 — 27 percent restoring voting rights to convicted felons, other than those convicted of murder or sexual offenses, who have completed their sentences. Every listed party, gender, education, age and racial group supports this idea, with support ranging from 50 — 42 percent among Republicans to 82 — 15 percent among Democrats. From February 23 — 26, Quinnipiac University surveyed 1,156 Florida voters with a margin of error of +/- 3.6 percentage points, including the design effect. Live interviewers call landlines and cell phones. The Quinnipiac University Poll, directed by Douglas Schwartz, Ph.D., conducts nationwide public opinion surveys, and statewide polls in Pennsylvania, New York, New Jersey, Connecticut, Florida, Ohio, Virginia, Iowa and Colorado as a public service and for research. Visit noll.ou.edu or www.facebook.com/ouinniniacnoll Call (203) 582-5201, or follow us on Twitter @QuinnipiacPoll. 2 17. Do you support or oppose restoring voting rights to individuals who have committed a felony other than murder or sexual offense and completed their sentences? WHITE COLLEGE DEG Tot Rep Dem Ind Men Wom Yes No Support 67% 50% 82% 68% 63% 70% 66% 63% Oppose 27 42 15 25 32 23 25 31 DK/NA 6 8 3 6 5 7 9 5 AGE IN YRS WHITE 18-34 35-49 50-64 65+ Men Wom Wht Blk Hsp Support 79% 62% 66% 65% 59% 69% 65% 82% 62% Oppose 19 32 30 25 35 23 28 14 35 DK/NA 2 6 4 9 6 8 7 4 3 HAVE KIDS <18 .YRS Gun DENSITY InPublic HsHld City Suburb Rural Yes School Support 63% 63% 72% 64% 62% 63% Oppose 31 31 23 28 31 32 DK/NA 7 6 5 8 6 5 19. Do you support or oppose stricter gun laws in the United States? WHITE'...... COLLEGE DEG Tot Rep Dem Ind Men Wom Yes No Support 65% 43% 87% 68% 53% 76% 66% 57% Oppose 2.9 49 10 26 41 18 30 34 DK/NA 6 8 2 6 6 6 4 8 AGE IN YRS WHITE 18-34 35-49 50-64 65+ Men Wom Wht Blk Hsp Support 72% 62% 62% 69% 48% 73% 61% . 77% 73% Oppose 23 34 31 24 46 22 32 19 23 DK/NA 5 4 7 7 7 6 6 5 5 HAVE KIDS <18 YRS Gun DENSITY InPublic HsHld City Suburb Rural Yes School Support 49% 68% 68% 50% 64% 63% Oppose 42 27 26 41 33 34 DK/NA 9 4 6 9 3 3 3 20. Do you support or' oppose requiring background checks for all gun buyers? WHITE COLLEGE DEG Tot Rep Dem Ind Men Won Yes No Support 96% 94% 97% 97% 95% 97% 96% 98% Oppose 3 5 3 2 4 2 3 2 DK/NA 1 1 - - 1 1 2 - AGE IN YRS WHITE 18-34 35-49 50-64 65+ Men Wom Wht Bik Hsp Support 99% 94% 95% 97% 95% 9B% 97% 91% 98% Oppose 1 5 5 2 4 1 2 9 2 DK/NA - 1 - 1 1 1 1 - - HAVE KIDS <18 YRS Gun DENSITY InPublic HsHld City Suburb Rural 'Yes School Support 95% 96% 97% 94% 96% 96% Oppose 4 3 3 5 3 3 DK/NA 1 1 1 1 1 1 -21. Do you support or oppose a nationwide ban on the sale of assault weapons? WHITE COLLEGE DEG Tot Rep Den Ind Men Wom Yes No Support 62% 40% 86% 62% 47% 75% 64% 58% Oppose 33 53 11 32 50 18 32 37 DK/NA 5 7 3 5 3 7 4 4 AGE -IN YRS WHITE 18-34 35-49 50-64 65+ Men Wom • Wht Blk Hsp Support 47% 53% 65% 76% 44% 75% 61% 68% 64% Oppose 46 43 29 20 53 19 35 25 32 DK/NA 7 4 7 4 3 6 4 7 4 HAVE KIDS <18 YRS Gun DENSITY InPublic HsHld City Suburb Rural Yes School Support 43% 65% 64% 48% 50% 49% Oppose 52 29 32 47 46 46 DK/NA 5 6 3 5 4 5 4 22. Do you support or oppose a natIonwide b r.on the sale of all semi-automatic rifles? WHITE COLLEGE DEG Tot Rep Dem Ind Men Wom Yes No Support 53% 27% 78% 55% 36% 68% 53% 48% Oppose 42 66 19 39 59 26 40 48 DK/NA 5 7 3 6 5 • 6 7 5 AGE IN YRS WHITE 18-34 35-49 50-64 65+ Men Wom Wht Blk Hsp Support 50% 41% 58% 62% 31% 67% 50% 66% 58% Oppose 48 55 38 31 65 27 44 33 38 DK/NA 2 4 4 7 4 7 6 2 4 HAVE KIDS <18 YRS Gun DENSITY............ InPublic HsHid City Suburb Rural Yes School Support 32% 57% 56% 34% 44% 42% Oppose 64 38 38 60 52 52 DK/NA 4 5 5 6 4 5 23. Do you support or oppose a nationwide ban on the sale of high-capacity ammunition magazines that hold more than 10 bullets? WHITE COLLEGE DEG Tot Rep Dem Ind Men Wom Yes No Support 62% 39% 85% 65% 4.8% 75% 64% 58% Oppose 34 56 14 31 50 20 30 39 DK/NA 4 6 1 4 3 5 6 3 AGE IN YRS .............. WHITE 18-34 35-49 50-64 65+ Men Wom Wht Blk Hsp Support 57% 54% 66% 72% 47% 73% 61% 74% 65% Oppose 42 43 31 24 51 21 34 26 33 DK/NA 1 3 3 4 2 7 5 1 2 HAVE KIDS <18 YRS Gun DENSITY............ InPublic HsHld City Suburb Rural Yes School Support 46% 65% 62% 55% 55% 53% Oppose 50 32 34 40 42 43 DK/NA 4 3 4 5 3 3 5 24. Do you support or oppose imposing a mandatory waiting period on all gun purchases, so that everyone who purchases a gun must wait a certain number of days before taking the dun home? WHITE _ COLLEGE DEG Tot Rep Dem Ind Men Worn Yes No Support 87% •82% 96% . 88% 83% 91% 86% 87% Oppose 10 14 3 10 • 15 6 9 11 DK/NA 3 4 1 2 2 3 5 2 AGE IN YRS WHITE 18-34 35-49 50-64 65+ Nen Wom Wht Bik Hsp Support 85% 88% 87% 90% 81% 91% 87% 93% 90% Oppose 14 10 11 6 17 5 10 7 9 DK/NA 1 2 2 4 2 4 3 - - HAVE KIDS <18 YRS Gun DENSITY InPublic HsHid City Suburb Rural Yes School Support 83% 90% 87% 82% 85% 85% Oppose 14 • 8 11 13 14 14 DK/NA 2 2 2 5 1 1 25. Do you support or, oppose imposing a mandatory waiting period on purchases of assault weapons, so that everyone who purchases an assault weapon must waic a certain number of days before taking it home? WHITE...... COLLEGE DEG Tot Rep Dem Ind Men • Wom Yes No Support 85% 82% 89% 87% 81% 89% 85% 84% Oppose 11 13 7 10 15 6 10 11 DK/NA 4 5 4 2 4 5 5 5 AGE IN YRS WHITE 18-34 35-49 50-64 65+ Men Wom Wht Bik Hsp Support 85% 86% 86% 85% 79% 89% 85% 89% 89% Oppose 13 12 9 9 17 5 10 10 10 DK/NA 2 2 5 6 4 6 5 1 HAVE KIDS <18 YRS Gun DENSITY InPublic HsHld City Suburb Rural Yes School Support 83% 88% 85% 81% 85% 83% Oppose 14 9 10 17 13 15 DK/NA 3 3 6 2 2 2 6 26. Do you support or oppose requiring individuals to be 21 years of age or older in order to purchase a gun? WHI._ COLLEGE DEG Tot Rep Dem Ind Men Wom Yes No Support 78% 68% 93% 77% 67% 88% 76% 74% Oppose 20 29 7 22 31 10 '20 24 DK/NA 2 3 - 1 2 2 3 2 AGE IN YRS WHITE 18-34 35-49 50-64 65+ Men. Wom Wht Blk Hsp Support 77% 71% 82% 82% 63% 85% 75% 88% 81% Oppose 23 27 17 15 35 12 22 12 18 DH/NA 1 2 1 3 2 3 2 - . - RAVE KIDS <18 YRS Gun DENSITY InPublic HsHld City Suburb Rural Yes School Support 69% 78% 80% 74% 78% 78% Oppose 30 20 19 23 21 21 DK/NA 2 2 2 3 1 1 27. Do you support or oppose allowing the police or family members to petition a judge to remove guns from a person that may be at risk for violent behavior? WHITE COLLEGE DEG Tot Rep Dem Ind Men Wom Yes No Support 89% 86% 93% 91% 84% 94% 88% 92% Oppose 8 8 5 7 12 4 7 5 DK/NA 3 5 1 2 4 2 5 3 AGE IN YRS WHITE 18-34 35-49 50-64 65+ Men Wom Wht Blk Hsp Support 90% 87% 87% 93% 87% 92% 90% 88% 91% Oppose 8 10 9 4 9 4 6 .11 7 DK/NA 2 3 4 3 4 3 4 i 2 HAVE KIDS <18 YRS Gun DENSITY InPublic HsHld City Suburb Rural Yes School Support 86% 91% 91% 83% 86% 87% Oppose 11 6 6 15 10 10 DK/NA 3 4 3 1 4 - 4 7 28. Do you support or oppose banning the possession or purchase of a gun if an individual has had a restraining order filed against them for stalking or domestic; sexual, or repeat violence? WHI^+_E...... . COLLEGE DEG Tot Rep Dem Ind Nen Wom Yes No Support 92% 91% , 96% 92% 89% 95% 94% 94% Oppose 6 7 3 7 8 4 5 4 DK/NA 2 2 1 1 3 1 2 1 AGE IN YRS WHITE 18-34 35-49 50-64 65+ Nen Wom Wht Blk Hsp Support •92% 85% 94% 97% 91% 97% 94% 86% 93% Oppose 5 12 4 2 7 2 4 12 5 DK/NA 3 3 2 1 3 1 2 2 2 HAVE KIDS <18 YRS Gun DENSITY InPublic HsHld City Suburb Rural Yes School Support 91% 90% 95% 93% 86% 86% Oppose 8 7 4 6 10 10 DK/NA 1 2 1 1 4 4 29. Do you think that local governments should be allowed to enact stricter gun laws to meet the needs of their communities, or should local governments be required to follow state gun laws? WHITE COLLEGE DEG Tot • Rep Dem Ind Men Wom Yes No. Allow stricter laws 36% 20% 52% 38%. 29% 43% 40% 31% Follow state laws 56 71 43 55 64 49 54 62 DK/NA 8 9 5 7 7 8 6 7 AGE IN YRS WHITE 18-34 35-49 50-64 65+ Men Wom Wht Blk Hsp Allow stricter laws 35% 35% 38% 37% 26% 43% 36% 43% 38% Follow state laws 59 60 56 52 67 51 58 57 50 DK/NA 5 5 6 11 7 6 7 1 12 HAVE KIDS <18 YRS Gun DENSITY InPublic HsHid City Suburb Rural Yes School Allow stricter laws 26% 36% 40% 29% 34% 31% Follow state laws 69 53 55 67 57 60 DK/NA 6 11 5 4 8 9 30. Do you think it is too easy to buy a gun in Florida today, too difficult to buy a gun in Florida today, or about right? WHITE COLLEGE DEG Tot Rep Dem Ind Men Wom Yes No Too easy 63% 38% 89% 64% 49% 75% 61% 55% Too difficult ' 1 2 1 2 2 1 2 - About right 28 50 6 26 43 15 29 37 DK/NA 8 11 4 9 6 9 8 8 AGE IN YRS WHITE 18-34 35-49 50-64 65+ Men Wom Wht Blk Hsp Too easy 68% 59% 64% 65% 42% 71% 58% 76% 74% Too difficult 2 1 2 - 1 1 1 1 1 About right 25 37 28 20 50 19 33 14 19 DK/NA 4 3 6 14 7 9 8 9 5 HAVE KIDS <18 YRS Gun DENSITY InPublic HsH1d City Suburb Rural Yes School Too easy 48% 66% 64% 53% 60% 58% Too difficult _ 1 2 1 1 1 About right 46 24 27 41 34 35 DK/NA 5 9 7 6 5 5 31. If more people carried guns, do you think that Florida would be safer or less safe? WHITE COLLEGE DEG Tot Rep Dem Ind Men Wom Yes No Safer 34% 64% 6% 30% 48% 21% 36% 45% Less safe 56 21 91 58 43 67 52 46 DK/NA '•0 15 3 13 8 12 12 9 AGE IN YRS WHITE 18-34 35-49 50-64 65+ Men Won Wht Elk Hsp Safer 35% 39% 35% 26% 57% 27% 40% 10% 25% Less safe 59 50 56 63 35 61 49 85 63 DK/NA 6 10 8 12 8 13 11 5 12 HAVE KIDS <18 YRS Gun DENSITY InPublic HsHid City Suburb Rural Yes School Safer 54% 32% 33% 43% 37% 38% Less safe 34 59 56 48 53 53 DK/NA 12 10 11 9 9 9 9 32. Do you support or oppose allowing teachers and school officials to carry guns on school grounds? WHITE COLLEGE DEG Tot Rep Dem Ind Men Wom Yes No Support 40% 72% 11% 37% 48% 33% 45% 51% Oppose 56 21 86 60 48 63 51 45 DK/NA 4 7 3 3 4 5 4 4 AGE IN YRS WHITE 18-34 35-49 50-64 65� Nen Wom Wht Blk Hsp Support 32% 46% 42% 35% 59% 39% 48% 19% 27% Oppose 66 51 55 59 ' 37 56 48 78 68 DK/NA 2 - 3 4 6 3 5 4 3 5 HAVE KIDS <18 YRS Gun DENSITY InPublic HsHld City Suburb Rural Yes School Support 57% 38% 38% 50% 43% 43% Oppose 38 58 57 45 52 53 DK/NA 4 3 5 6 5 4 33. Which of these do you think would do more to reduce gun violence in schools, having stricter gun laws, armed teachers in schools, or increased security at school entrances? WHITE COLLEGE DEG Tot Rep Dem Ind Nen - Wom Yes No Stricter gun laws 32% 8% 59% 29% 25% 38% 34% 26% Armed teachers 12 24 - 12 18 8 16 16 Increased security 51 64 38 53 54 48 45 52 DK/NA 5 4 3 7 4 6 5 6 AGE IN YRS WHITE 18-34 35-49 50-64 65+ Men Wom Wht Bik Hsp Stricter gun laws 33% 26% 34% 35% 22% 37% 30% 35% 34% Armed teachers 11 9 16 12. 23 11 16 4 8 Increased security 54 60 45 47 52 45 48 55 56 DK/NA 1 5 5 6 3 7 5 6 3 HAVE KIDS <18 YRS Gun DENSITY InPublic HsHld City Suburb Rural Yes School Stricter gun laws 17% 30% 36% 26% 25% 23% Armed teachers • 19 12 12 16 13 14 Increased security 59 52 49 52 58 58 DK/NA 5 5 4 6 4 4 10 34. Do you approve or disapprove of President Trump's response to the recent school shooting in Florida? WHITE COLLEGE DEG Tot Rep Dem Ind Men Wom Yes No Approve 39% 75% 9% 34% 45% 34% 44% 49% Disapprove 50 14 85 53 44 57 49 . 38 DK/NA 10 11 6 12 12 9 8 13 AGE IN YRS WHITE 18-34 35-49 50-64 65+ Men Won Wht Bik Hsp Approve 24% 42% 41% 41% 55% 39% 46% 13% 34% Disapprove 56 50 52 49 33 51 43 77 55 DK/NA 20 8 7 10 12 9 '1C 11 11 HAVE KIDS <18 YRS Gun DENSITY InPublic Hs_31d City Suburb Rural Yes School Approve 54% 36% 40% 49% 38% 35% Disapprove 34 53 52 40 50 51 DK/NA 12 11 9 11 12 14 35. Do you •think Congress is doing enough to reduce gun violence or do you think Congress needs to do more to reduce gun violence? WHITE COLLEGE DEG Tot Rep Dem Ind Men Wom Yes No Doing enough 16% 28% 2% 16% 22% 1C% 16% 20% Do more 79 63 98 78 71 86 78 70 DK/NA 6 10 •- 6 7 4 6 10 AGE IN YRS WHITE...,. 18-34 35-49 50-64 65+ Men Wom Wht Bik Hsp Doing enough 17% 17% 17% 10% 26% 12% 18% 3% 13% Do more 81 76 78 84 64 82 74 97 84 DK/NA 1 7 5 6 11 6 8 - 3 HAVE KIDS <18 YRS Gun DENSITY InPublic HsHld City Suburb Rural Yes School Doing enough 25% 11% 16% 25% 18% 19% Do more 67 83 80 65 78 77 DK/NA 8 5 4 10 4 4 11 36. Do you think Florida's state gove_nmen: is doing -enough to reduce gun violence or do you think Florida's state government needs to do more to reduce gun violence? WHITE COLLEGE DEG Tot • Rep Dem Ind Men Wom Yes No Doing enough 18% 32% 3% 18% 26% 11% 18% 24% Do more 75 58 96 75 67 83 75 68 DK/NA 6 10 1 7 6 6 7 8 AGE IN YRS..... ......... WHITE 18-34 35-49 50-64 65+ Men Wom Wht B1k Hsp Doing enough 14% 21% 21% 14% 31% 13% 21% 3% 17% Do more 81 74 74 78 62 80 72 95 80 DK/NA 5 5• 5 8 6 8 7 1 3 HAVE KIDS <18 YRS Gun DENSITY InPublic HsHid City Suburb Rural Yes School Doing enough 28% 15% 17% 29% 22% 21% Do more 64 79 77 64 76 76 DK/NA 8 6 6 8 3 3 37. Do you think that the NRA, or National Rifle Association, supports policies that are good for. Florida or supports polices that are bad for Florida? . WHITE COLLEGE DEG Tot Rep Dem Ind Men Wore Yes No Good 35% 64% 9% 30% 48% 23% 37% 45% Bad 50 17 81 .53 40 58 51 42 DK/NA 16 19 • 10 17 12 19 12 14 AGE IN YRS WHITE 18-34 35-49 50-64 65+ Men Wom Wht Blk ' Hsp Good 26% 37% 39% 30% 55% 29% 41% 18% 24% Bad . 58 40 52 55 35 56' 46 66 52 DK/NA 16 23 9 15 10 15 13 16 24 HAVE KIDS <18 YRS Gun DENSITY............ InPublic HsHld City Suburb Rural Yes School Good 55% 30% 33% 52% 36% 36% Bud 31 51 57 31 45 42 DK/NA 14 20 10 17 20 22 12 38. (Intro c38-42: For each of the following, please tell me if you approve or disapprove of their handling of the issue of gun violence.) Do you approve or disapprove of - President Trump's handling of the issue of gun violence? WHITE COLLEGE DEG Tot Rep Dem Ind Men Wom Yes No Approve 40% 75% 10% 35% 48% 33% 44% 50% Disapprove 54 18 88 59 46 61 53 42 DK/NA 5 8 2 7 5 6 3 8 AGE IN YRS WHITE 18-34 35-49 50-64 65+ Nen Wom Wht B1k Hsp Approve 28% 43% 43% 39% 58% 39% 47% 17% 35% Disapprove 61 51 55 56 36 56 47 79 ' 61 DK/NA 11 5 3 5 6 5 6 4 4 HAVE KIDS <18 YRS Gun DENSIT`_' InPublic HsHld City Suburb Rural Yes School Approve 56% 35% 42% 48% 42% 42% Disapprove 38 58 55 44 53 53 DK/NA 6 6 3 8 5 5 39. Do you approve or .disapprove of - Governor Scot's handling of the issue of gun violence? WHITE COLLEGE DEG Tot Rep Dem ind Men Wom Yes No Approve 42% 68% 21% 38% 48% 37% 41% 51% Disapprove 45 21 71 43 44 46 48 33 DX/NA 13 11 8 19 9 17 11 16 AGE IN YRS 18-34 35-49 50-64 65+ Men Wom Wht Bik Hsp Approve 32% 40% 45% 45% 54% 39% 46% 32% 37% Disapprove 46 44 49 43 37 44 41 61 47 DK/NA 22 16 6 13 9 17 13 7 16 HAVE KIDS <18 YRS Gun DENSITY InPublic HsHld City Suburb Rural Yes School Approve 57% 42% 39% 49% 41% 42% Disapprove 32 44 50 34 45 43 DK/NA 12 14 11 16 14 14 13 40. Do you approve or disapprove of - the state leg_.slat;:re's handling of the issue of gun violence? WHITE COLLEGE DEG Tot Rep Dem • Ind Men Worn Yes No •Approve 22% 35% 9% 21% 30%. 15% 21% 23% Disapprove 59 38 83 5°. 53 64 61 54 DK/NA 19 27 8 20 ;.7 21 18 23 AGE IN YRS..,...a........ WHITE 18-34 35-49 50-64 65+ Men Wom Wht Elk Hsp Approve 23% 27% 24% 15% 31% 15% 22% 22% 22% Disapprove 53 56 61 64 52 62 57 72 58 DK/NA 24 16 15 21 17 23 20 6 19 HAVE KIDS <18 YRS Gun DENSITY InPublic HsHld City Suburb Rural Yes School Approve 30% 21% 21% 30% 26% 26% Disapprove 46 60 65 43 55 54 DK/NA 24 19 15 27 19 20 41. Da you approve or disapprove of - Senator Rubio's handling of the issue of gun violence? WHITE COLLEGE DEG Tot Rep Dem Ind Men Wom Yes No Approve 31% 52% 13% 30% 38% 26% 35% 33% Disapprove 52 24 81 50 48 56 52 42 DK/NA 17 24 6 19 14 19 14 24 AGE IN YRS .............. WHITE 18-34 35-49 50-64 65+ Men Wom Wht Slk Hsp Approve 25% 36% 34% 28% 44% 26% 34% 29% 25% Disapprove 55 48 55 53 40 53 47 63 62 DK/NA 20 16 11 19 16 22 19 8 13 HAVE KIDS <18 YRS Gun DENSITY InPublic HsHld City Suburb Rural Yes School Approve 39% 29% 33% 34% 35% 35% Disapprove• 41 55 53 42 49 50 DK/NA 19 16 14 24 16 15 14 42. Do you approve or disapprove of - Senator Nelson's handling of the issue of gun violence? WHITE COLLEGE DEG Tot Rep Dem Ind Men Wom Yes No Approve 36% 17% 57% 33% 33% 38% 38% 32% Disapprove 37 53 24 31 43 30 36 38 DK/NA 28 29 1.8 36 24 31 25 30 AGE IN YRS .............. WHITE 18-34 35-49 50-64 65+ Men Wom Wht Bik Hsp Approve 27% 34% 39% 40% 32% 38% 35% 51% 29% Disapprove 32 33 42 37 45 31 37 33 38 DK/NA 41 33 19 23 24 31 28 15 33 HAVE KIDS <18 YRS Gun DENSITY............ InPublic HsHld City Suburb Rural Yes School Approve 31% 35% 36% 35% 35% 31% Disapprove 41 36 38 36 34 36 DK/NA 28 29 26 29 31 33 43. If you agreed with a candidate for United States Senator on other issues, but not on the issue of gun laws, could you still vote for that candidate, or would you definitely not vote for that candidate? WHITE COLLEGE DEG Tot Rep Dern Ind Men Wom Yes No Yes/Still vote 47% 38% 33% 51% 52% 43% 45% 50% No/Not vote 42 29 59 38 38 45 42 40 DK/NA. 11 13 8 11 10 13 13 11 AGE IN YRS WHITE 18-34 35-49 50-64 65+ Men Wom Wht Elk Hsp Yes/Still vote 50% 50% 47% 42% 53% 42% 47% 50% 50% No/Not vote 41 39 44 43 38 44 41 45 36 DK/NA 9 11 9 14 9 14 12 6 13 HAVE KIDS <18 YRS Gun DENSITY In?ublic HsHld City Suburb Rural Yes School Yes/Still vote 53% 46% 51% 46% 46% 46% No/Not vote 37 42 40 43 41 42 DK/NA 10 12 9 '11 13 13 15 44. If you agreed with a candidate for governor on other issues, but not on the issue of gun laws, could you still vote for that candidate, or would you.definitely not vote for that candidate? WHITE COLLEGE DEG Tot Rep Dem Ind Men • Wom Yes No Yes/Still vote 46% 58% 32% 50% 5a% 43% 45% 47% No/Not vote 44 31 60 40 41 46 46 44 DK/NA 10 11 8 10 8 11 10 9 AGE IN YRS.....4 WHITE 18-34 35-49 50-64 65+ Men. Wom Wht Blk Hsp Yes/Sti11 vote 49% 50% 49% 40% 52% 40% 46% 51% 51% No/Not vote 43 40 45 48 40 49 45 43 37 DK/NA 9 10 6 12 8 11 10 6 12 HAVE KIDS <18 YRS Gun DENSITY InPubiic HsHid City Suburb Rural Yes School Yes/Still vote 51% 45% 49% 48% 49% 50% No/Not vote 39 45 42 44 38 38 DK/NA 10 10 10 8 13 12 45. Has the recent mass shooting made you more likely to support stricter gun laws, less likely to support stricter gun laws, or hasn't it had an impact either way? WHITE,...... COLLEGE DEG Tot Rep Dem Ind Nen Wom Yes No More likely 56% 40% .79% 52% 45% 65% 50% 5C% Less 'likely 6 11 3 6 8 5 5 7 No impact 35 44 18 42 45 27 44 39 DK/NA 3 5 - 1 2 3 2 4 AGE IN YRS WHITE •18-34 35-49 50-64 65+ Men Wom Wht Blk Hsp More likely 51% 52% 54% 62% 37% 60% 50% 77% 62% Less likely 5 5 8 4 7 5 6 6 5 No impact 41 41 35 29 ' 52 32 41 15 30 DK/NA 3 1 3 4 3 3 3 2 3 HAVE KIDS <18 YRS Gun DENSITY InPubiic HsHld City Suburb Rural Yes School More likely 42% 59% 56% 48% 54% 55% Less likely 9 6 4 13 7 9 No impact 44 33 38 _ 36 36 34 DK/NA 4 3 • 2 3 2 2 16 46. Is being the victim of a mass shooting something you personally worry about or not? WHITE..,,.o COLLEGE DEG . Tot Rep Dem Ind Men Wom Yes No Yes/Worry 42% 37% 53% 38% 33% 50% 31% 39% No 57 62 45 61 66 ' 49 68 60 DK/NA 1 1 2 1 1 1 1 1 AGE IN YRS WHITE 18-34 35-49 50-64 65÷ Nen Wom Wht Blk Hsp Yes/Worry 54% 53% 38% 31% 26% 42% 35% 51% 61% No 45 46 61 68 74 56 64 45 39 DK/NA 1 1 1 1 - 1 1 4 - HAVE KIDS <18 YRS Gun DENSITY InPublic HsHld City Suburb Rural _'es School Yes/Worry 34% 48% 41% 30% 52% 52% No 65 52 58 68 47 47 DK/NA 1 1 1 2 2 2 17 1 NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JANUARY TERM, A.D. 2002 NATIONAL RIFLE ASSOCIATION OF AMERICA, INC., UNIFIED SPORTSMEN OF FLORIDA, INC., W. DAVID TUCKER, SR., and JOHN DOE, Appellants, vs. CITY OF SOUTH MIAMI, Appellee. Opinion filed March 20, 2002. CASE NO. 3D01-1027 LOWER TRIBUNAL CASE NO. 00-17530 An appeal from the Circuit Court of Miami -Dade County, Thomas S. Wilson, Jr., Judge. Montero, Finizio, Velasquez & Reyes (Ft. Lauderdale); Stephen P. Halbrook (Fairfax, Virginia), for appellants. Nagin, Gallop & Figueredo and .Earl G.- Gallop, for City of South Miami; Paul F. Hancock, Deputy Attorney General; Parker D. Thomson, Special Assistant Attorney General; Michael J. Neimand, Assistant Attorney General, as amicus curiae for Attorney General Robert A. Butterworth, for appellee. Before COPE, FLETCHER, and RAMIREZ,. JJ. FLETCHER, Judge. The National Rifle Association and others have appealed the trial court's summary judgment, in favor of the.0 ty of South Miami, concluding that this action for declaratory judgment is not ripe for determination. Involved is City of South Miami ordinance 14-00-1716, regulating firearms by establishing certain safety standards therefor. The declaration the appellants are seeking includes a determination that the City's ordinance is ultra vires because the legislature expressly preempted the entire field of firearm and ammunition regulation by enactment of section 790.33, Florida Statutes (2000). This statute reads in pertinent part: "(1) PREEMPTION. - Except as expressly provided by general law, the Legislature hereby declares that it is occupying the whole field of regulation of firearms and ammunition, including the purchase, sale, transfer, taxation, manufacture, ownership, possession, and transportation thereof, to the exclusion of all existing and future county, city, town, or municipal ordinances or regulations relating thereto. Any such existing ordinances are hereby declared null and void. (3) POLICY AND INTENT. - (a) It is the intent of this section to provide uniform firearms laws in the state; to declare all ordinances and regulations null and void which have been enacted by any jurisdictions other than state and federal, which regulate firearms, ammunition, or components thereof; to prohibit the enactment of any future ordinances or regulations relating to firearms, ammunition or components thereof unless specifically authorized by this section or general law; and to require local jurisdictions to enforce state firearms laws." In Penelas v. Arms Technolocv, Inc., 778 So. 2d 1042 (Fla. 3d DCA) , 2 rev. denied, 799 So. 2d 218 (Fla. 2001), this court specifically stated that the legislature, through section 790.33, has indeed expressly preempted the entire field of firearm and ammunition regulation. Authority for the state courts to render declaratory judgments regarding municipal ordinances may be found in section 86.021, Florida Statutes (2000): "Any person . . . whose rights . are affected . . . by municipal ordinance may have determined any question of . validity arising under such . . . municipal ordinance . . . and obtain a declaration of rights . . . thereunder." I,n the recent Florida Supreme Court decision construing Chapter 86, Florida Statutes, Olive v. Maas, 27 Fla.L.W'eekly 5139 (Fla. Feb. 14, 2002), the court made it clear that the Declaratory Judgment Act is to be liberally construed. The court cited and quoted from X Corp. v. Y Person, 622 So. 2d 1098, 1100 (Fla. 2d DCA), rev. denied, 618 So. 2d 212 (Fla. 1993): "The goals of the Declaratory Judgment Act are to relieve litigants of the common law rule that a declaration of rights cannot be adjudicated unless a right has been violated and .to render practical help in ending controversies which have not reached the stage where other legal relief is immediately available. To operate within this sphere of anticipatory and preventive justice, the Declaratory Judgment Act should be liberally construed." Here we have various'well-r easing litigants eye -ball to eye- ball across counsel table, the City wondering whether its ordinance 3 has been preempted or whether it can enforce its own collective will over firearms, others wondering whether they are going to be illegally prosecuted by the City come next dove hunting season, and the Florida Attorney General wondering whether the judiciary will agree with his opinion on municipal regulation of firearms (AGO 2000-42) . In light of these doubts and confrontations and in the liberal spirit of the Declaratory Judgment Act, we hold that this action is not premature and that the trial court erred in entering its final summary judgment for the City. We also hold that the City's ordinance no. 14-00-1716 is null and void as it is in conflict with section 790.33, Florida Statutes. We remand this case to the trial court for further proceedings consistent herewith. Reversed and remanded.