2018-30247 Resolution RESOLUTION 2018-30247
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE
CITY OF MIAMI BEACH TO JOIN IN LITIGATION TO BE FILED
BY THE CITY OF WESTON, FLORIDA, SEEKING. A
DECLARATION 'THAT THE PROVISIONS PUNISHING
ELECTED OFFICIALS, SET FORTH IN SECTION 790.33,
FLORIDA STATUTES, FOR VIOLATING STATE PREEMPTION
PROVISIONS RELATED TO THE REGULATION OF FIREARMS
AND AMMUNITION, ARE INVALID.
WHEREAS, Section 790.33, Florida Statutes, broadly preempts to the State any
regulation of firearms and ammunition, including the purchase, sale, transfer, taxation,
manufacture, ownership, possession, storage, and transportation thereof; and
WHEREAS, the penalties against elected or appointed local government officials for
violations of Section 790.33, Florida Statutes, include civil fines of up to $5,000, and the
termination of employment or contract, or removal from office, by the Governor; and
WHEREAS, pursuant to Section 790.33, Florida Statutes, "public funds may not be used
to defend.or reimburse the unlawful conduct of any person found to have knowingly and willfully
violated this:section"; and
WHEREAS; additionally, a municipality that promulgates or enforces a local ordinance,
regulation, measure, directive, rule, enactment, order, or policy in violation of Section 790.33,
Florida Statutes, may be held liable, in a civil action filed by an adversely affected party, for
attorney's fees.and costs, as well as damages up to $100,000; and
WHEREAS, on February 14, 2018, a horrific mass shooting at. Marjory Stoneman
Douglas High School in Parkland, Florida, claimed the lives of 17 people, including 14 high
school students, and three members of the school's staff, including an assistant football coach,
an athletic director,.and a geography teacher; and
WHEREAS, like many other perpetrators of mass shootings in the United States, the
Parkland shooter used an AR-15 style semi-automatic assault rifle; and
WHEREAS, in recent years, mass shootings involving military-grade and/or high-
capacity magazine assault weapons have occurred with alarming regularity; and
WHEREAS, on July 13, 2016, the Mayor and City Commission adopted Resolution No.
2016-29482, calling upon Federal and State elected officials to collaborate with local officials
and first responders to prevent mass shootings and large-scale human loss of life and suffering
from mass shootings in America, by limiting the availability and use of military-grade, high-
capacity magazine assault weapons to law enforcement agencies; and
WHEREAS, on March 7, 2018, the Mayor and City Commission adopted Resolution No.
2018-30231, reaffirming Resolution No. 2016-29482, in light of the recent mass shooting on
February 14, 2018, at Marjory Stoneman Douglas High School in Parkland, Florida, and urging
Federal and- State elected officials to restrict the availability and use of military-grade and/or
high-capacity magazine assault weapons to law enforcement agencies; and
WHEREAS, several City of Miami Beach elected officials have expressed a desire to
regulate the availability and use of firearms in Miami Beach; however, the preemption provisions
in Section 790.33, Florida Statutes, and the penalties for officials who violate those preemption
previsions, prohibit the City from enacting any legislation in this field; and
WHEREAS, on February 26, 2018, the City Commission of the City of Weston, Florida,
directed the City Attorneyto file a lawsuit seeking a.declaration that the provisions punishing
elected officials, set forth in Section 790.33, Florida Statutes, for violating State preemption
provisions related to the regulation of firearms and ammunition, are invalid; and
WHEREAS, in consideration of the policy reasons stated herein, the Mayor and City
Commission of the City of Miami Beach desire to join in the litigation filed by the City of Weston,
Florida, seeking to invalidate the onerous penalty provisions set forth in Section 790.33, Florida
Statutes.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby authorize the City of Miami Beach to join in litigation to be filed by the City
of Weston, Florida, seeking a declaration that the provisions punishing elected officials, set forth
in Section 790.33, Florida Statutes, for violating State preemption provisions related to the
regulation of firearms and ammunition, are invalid. //
PASSED and ADOPTED this 7 day of Ra4C4 , 2018.
ATTEST:
eDan Gelber
Rea= Gra •o Mayor
City Clerk �.aassgvtt0
..; ▪=▪ • APPROVED AS TO
INCORP • i FO r NGUAGE
ORATED.' -0.4?•CLITION
413//1
1t1 26 O.e, , Attorney
►p \,, Date
F:WTTO\KALN\RESOLUTIONS\Reso authorizing City to join Weston litigation.docx