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Resolution 2019-30959 RESOLUTION NO. 2019-30959 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY ATTORNEY'S OFFICE TO PARTICIPATE IN THE ORGANIZING, DRAFTING, AND FILING OF AN INTERESTED PARTY BRIEF IN THE FLORIDA SUPREME COURT ON BEHALF OF FLORIDA LOCAL GOVERNMENTS SUPPORTING THE VALIDITY OF AN INITIATIVE PETITION TO AMEND ARTICLE I, SECTION 8 OF THE FLORIDA CONSTITUTION TO RESTRICT THE POSSESSION OF ASSAULT WEAPONS. WHEREAS, the confluence of the world wide web, international and lone wolf domestic terrorism, underfunded community mental health programs and easy access to military grade, high capacity magazine assault weapons has created circumstances which have led to an unprecedented number of mass shootings in communities in this state and around the country in recent years; and WHEREAS, in recent years, mass shootings involving military grade-high capacity magazine assault weapons have occurred with alarming regularity; and WHEREAS, the military scaled weaponry used in these and similar mass shootings exceeds the weaponry generally available to local law enforcement officers, which puts those officers, together with their communities and safe gathering places where community life is enjoyed, in great and unnecessary peril; and WHEREAS, military-grade high capacity magazine assault weapons and the grave hazard they present to communities and innocent citizens have no valid role to serve in community and civilian life and are even disavowed by most reputable pro-hunting organizations; and WHEREAS, as indicated through national surveys, a majority of the American public, including legal gun owners, support extensive background checks for gun ownership and limiting the availability and use of military grade, high capacity magazine assault weapons to bona-fide and highly trained law enforcement agencies; and WHEREAS, gun violence is a pervasive, national problem that is exacerbated by the availability of semi-automatic assault weapons at gun shows, flea markets, and other organized events; and WHEREAS, the drafters of the Second Amendment to the United States Constitution never envisioned automatic or semi- automatic weapons when the right to bear arms was first conceived; and WHEREAS, one of the principal goals of the United States Constitution, as set forth in its preamble, is "to insure domestic tranquility;" and WHEREAS, the proliferation of automatic and semi- automatic weapons, as well as high capacity ammunition devices and magazines, presents a growing problem to law enforcement and to this nation' s domestic tranquility; and WHEREAS, the Florida Legislature and United States Congress have the authority to prohibit the possession of assault weapons, but have not heeded the public consensus that such a restriction is in the best interests of all Floridians and Americans; and WHEREAS, the People of the State of Florida, by and through the group Ban Assault Weapons NOW, have elected to campaign to place an initiative petition on the statewide ballot in 2020 to amend Article I, Section 8 of the Florida Constitution to restrict the possession of assault weapons to those civilians who currently own them, to law enforcement, and to the military; and WHEREAS, Ban Assault Weapons NOW has gathered enough petition signatures to trigger automatic review of the proposed amendment's title, summary, and language by the Florida Supreme Court for inclusion on the ballot; and WHEREAS, Florida Attorney General Ashley Moody has petitioned the Florida Supreme Court to permit her to file a brief opposing the placement of the proposed amendment on the ballot and has requested that the Court issue an opinion disapproving the proposed amendment's language, and thus, its placement on the ballot; and WHEREAS, a brief filed by Florida local governments would benefit the Florida Supreme Court by providing the ground level perspective of our various localities as to the danger of the continued proliferation of military grade assault weapons in our communities and to apprise the Court that the Attorney General's position does not accurately reflect the meaning of the proposed ballot language or establish its invalidity. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the City Attorney's Office is authorized to participate in the organizing, drafting, and filing of an interested party brief in the Florida Supreme Court on behalf of Florida local governments supporting the validity of an initiative petition to amend Article I, Section 8 of the Florida Constitution to restrict the possession of assault weapons PASSED and ADOPTED this 11th day of Septemb- '2019. ATTEST: - - . iian Gelber, Mayor 4 9 k- Rafae E. Gra ado, it C APPROVED AS TO 1FORM&LANGUAGE �y?'��� I &FOR EXECUTION \::.... ,,,C1 ..../C) ' \ ''&‘V;. ' t?'Z�A I. (, *r ''.--mss 'r, :.37, ?'' ‘ , i !INCORP "\ City Attorney f.A j Data CRATED..' r=1 �"I (Sponsored by Com, ss._..,.Steinberg; cosponsored by Mayor Dan Gelber) Resolutions-C7 V MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Raul J.Aguila, City Attorney DATE: September 11, 2019 SUBJECT:A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY ATTORNEY'S OFFICE TO PARTICIPATE IN THE ORGANIZING, DRAFTING, AND FILING OF AN INTERESTED PARTY BRIEF IN THE FLORIDA SUPREME COURT ON BEHALF OF FLORIDA LOCAL GOVERNMENTS SUPPORTING THE VALIDITY OF AN INITIATIVE PETITION TO AMEND ARTICLE I, SECTION 8 OF THE FLORIDA CONSTITUTION TO RESTRICT THE POSSESSION OF ASSAULT WEAPONS. RECOMMENDATION Please see Memorandum attached. Legislative Tracking Office of the City Attorney Sponsor Commissioner Micky Steinberg & Co-sponsored by Mayor Gelber& Commissioner Malakoff ATTACHMENTS: Description 13 Memorandum 13 Resolution Page 482 of 2228 1, B EAC H City of Miami beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeochli.gov COMMISSION MEMORANDUM TO: Mayor Dan Gelber and Members of the City Commission FROM: Raul J. Aguila, City Attorne 9 A ' C,N' DATE: September 11, 2019 oC SUBJECT: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY ATTORNEY'S OFFICE TO PARTICIPATE IN THE ORGANIZING, DRAFTING, AND FILING OF AN INTERESTED PARTY BRIEF IN THE FLORIDA SUPREME COURT ON BEHALF OF FLORIDA LOCAL GOVERNMENTS SUPPORTING THE VALIDITY OF AN INITIATIVE PETITION TO AMEND ARTICLE I, SECTION 8 OF THE FLORIDA CONSTITUTION TO RESTRICT THE POSSESSION OF ASSAULT WEAPONS. Following the mass shooting at Marjory Stoneman Douglas High School, the citizens' group Ban Assault Weapons NOW initiated a campaign to place an initiative petition on the Florida statewide ballot in 2020 to amend Article I, Section 8 of the Florida Constitution to restrict the possession of assault weapons to those civilians who currently own them, to law enforcement, and to the military. Ban Assault Weapons NOW has gathered enough petition signatures to trigger automatic review of the proposed amendment's title, summary, and language by the Florida Supreme Court for inclusion on the ballot. Florida Attorney General Ashley Moody has petitioned the Florida Supreme Court to permit her to file a brief opposing the placement of the proposed amendment on the ballot and has requested that the Court issue an opinion disapproving the proposed amendment's language, and thus, its placement on the ballot. A brief filed by Florida local governments would benefit the Florida Supreme Court by providing the ground level perspective of our various localities as to the danger of the continued proliferation of military grade assault weapons in our communities and to apprise the Court that the Attorney General's position does not accurately reflect the meaning of the proposed ballot language or establish its invalidity. Page 483 of 2228 Commission Memorandum September 11, 2019 Page 2 of 2 Therefore, I hereby request that the City Commission grant permission to file a brief as an interested party in the Florida Supreme Court, along with other Florida local governments, supporting the placement of the proposed assault weapons constitutional amendment on the statewide ballot. This resolution is sponsored by Commissioner Micky Steinberg and is co- sponsored by Mayor Dan Gelber. Page 484 of 2228