LTC 214-2018 Village of Miami Shores Resolution NO. 2018-01MIAMI BEACH
OFFICE OF THE CITY CLERK
No.
214-2018
LETTER TO COMMISSION
TO: Mayor Dan Gelber and M,�e��mbe.f the C'ty Commission
GSI
FROM: afael E. Granado, City '"
DATE: April 23, 2018
SUBJECT: VILLAGE OF MIAMI SHORES RESOLUTION NO. 2018-01
Attached for your information is Resolution No. 2018-01, adopted by the Mayor and Village
Council of the Village of Miami Shores on April 17, 2018.
A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE
FLORIDA, EXPRESSING SUPPORT AND ENCOURAGEMENT TO THE CITY
OF WESTON AND VARIOUS OTHER MUNICIPALITIES AND MUNICIPAL
OFFICERS REGARDING THEIR PENDING LITIGATION SEEKING A
DECLARATION THAT THE PROVISIONS SET FORTH IN SECTION 790.33,
FLORIDA STATUTES, PUNISHING ELECTED OFFICIALS FOR VIOLATING
THE PREEMPTION RELATING TO THE REGULATION OF FIREARMS AND
AMMUNITION, ARE INVALID.
The Village of Miami Shores Village 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\CILIA\LTC's - Transmittal's\Resolution 2018-01 Village of Miami Shores.docx
1 RESOLUTION NO. 2018-01
2
3 A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE
4 FLORIDA, EXPRESSING SUPPORT AND ENCOURAGEMENT TO THE CITY
5 OF WESTON AND VARIOUS OTHER MUNICIPALITIES AND MUNICIPAL
6 OFFICERS REGARDING THEIR PENDING LITIGATION SEEKING A
7 DECLARATION THAT THE PROVISIONS SET FORTH IN SECTION 790.33,
8 FLORIDA STATUTES, PUNISHING ELECTED OFFICIALS FOR VIOLATING
9 THE PREEMPTION RELATING TO THE REGULATION OF FIREARMS AND
10 AMMUNITION, ARE INVALID.
11
12 WHEREAS, over the past several years there have been an unprecedented number of
13 mass shootings in American communities including, most recently, at Marjory Stoneman
14 Douglas High School in Parkland, Florida; and
15
16 WHEREAS, in Section 790.33, Florida Statutes, the State of Florida (a) declared that it
17 is occupying the whole field of regulation of firearms and ammunition, to the exclusion of all
18 existing and future county or Village ordinances, regulations, or rules, (b) purports to prohibit the
19 enactment of any future ordinances or regulations "relating to firearms," and (c) also purports to
20 create potential liability for damages for actions other than ordinances and regulations, including
21 any 'measure, directive, rule, enactment, order, or policy promulgated or caused to be
22 enforced"; and
23
24 WHEREAS, the purported preemption, by using the terms "relating to firearms" and "any
25 measure, directive, rule, enactment, order of policy promulgated," is extremely broad and
26 vague, and could apply to a panoply of measures that the Village might like to consider
27 enacting, including the restricting of guns in Village facilities and parks, the placing of signs
28 relating to guns in Village facilities and parks, the regulation of gun accessories (such as
29 holsters, high capacity magazines, or bump stocks) or the creating of "gun free zones" or "gun
30 safe zones"; and
31
32 WHEREAS, the potential violation of the broad and vague preemption of firearm
33 regulation in Section 790.33 Florida Statutes, carries the risk of onerous and punitive
34 consequences, including but not limited to damages up to $100,000 and fines up to $5,000 (for
35 which the official may be personally liable), removal from office by the Governor without due
36 process of law, and a prohibition of the use of public funds to pay or reimburse the official for
37 fines, damages or defense costs (collectively, the "Onerous Preemption Penalties"); and
38
39 WHEREAS, as a result of the Onerous Preemption Penalties, the Village Council and its
40 members fear taking any steps that could even remotely be viewed as a violation of the
41 preemption, creating a chilling effect upon Village action and preventing the Village Council from
42 responding to the petitions and requests of the City's residents to do something to protect
43 against the dangers of firearms; and
44
45 WHEREAS, members of the Village Council may desire to consider various reasonable
46 measures related to firearms but have refrained from doing so because they could possibly be
47 viewed as falling under the preemption and be subjected to the Onerous Preemption Penalties;
48 and
49
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1 WHEREAS, the Onerous Preemption Penalties strike at the core of the American
2 system of democratic representation; they suppress the voice of the local electorate through
3 intimidation of local elected officials; and
4
5 WHEREAS, on February 28, 2018, the City of Weston passed Resolution 2018-30,
6 authorizing and directing its Village Attorney to file a lawsuit seeking a declaration that the
7 provisions punishing elected officials set forth in Section 790.33, Florida Statutes, for violating
8 the preemption related to the regulation of firearms and ammunition are invalid ("Lawsuit"), and
9 invited other local governments to join the Lawsuit;
10
11 WHEREAS, on April 2, 2018 the City of Weston, joined by nine other municipalities and
12 various municipal officers thereof, filed their Complaint for Declaratory Relief in the Circuit Court
13 of the Second Judicial Circuit in and for Leon County, Florida,
14
15
16 NOW, THEREFORE, BE IT RESOLVED by the Village Council of Miami Shores Village,
17 Florida as follows:
18
19
20 Section 1. That Miami Shores Village supports and encourages the City of Weston and
21 others seeking to challenge the Onerous Preemption Penalties referenced in the Leon County
22 Circuit Court Action.
23
24 Section 2. The Village Clerk is directed to distribute this Resolution to all local governments
25 in Miami -Dade County.
26
27 Section 3. That this Resolution shall take effect immediately upon adoption.
28
29
30
31 PASSED AND ADOPTED this 17TH day of April, 2018.
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46 R chard rafn
47 Village Attorney
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