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Resolution 2019-30961 RESOLUTION NO. 2019-30961 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, DECLARING SUPPORT FOR SENATE BILL 134, WHICH SEEKS TO REPEAL SECTION 790.33 OF FLORIDA STATUTES,WHICH BARS MUNICIPALITIES FROM PASSING REGULATIONS THAT ARE STRICTER THAN STATE FIREARMS LAWS, URGING FLORIDA LEGISLATURE TO PASS THE BILL DURING THE 2020 FLORIDA LEGISLATIVE SESSION, AND DIRECTING THE CITY CLERK TO SEND A COPY OF THIS RESOLUTION TO THE MEMBERS OF THE COMMISSION OF MIAMI-DADE COUNTY, FLORIDA LEAGUE OF CITIES, INC., AND TO ALL MEMBERS OF THE SOUTH FLORIDA LEGISLATIVE DELEGATION. WHEREAS, Senate Bill 134 ("SB 134") has been filed on August 14, 2019 for consideration during the 2020 Florida Legislative Session by Senator Annette Taddeo (D — Miami); and WHEREAS, SB 134 seeks to repeal Section 790.33 of the Florida Statutes, which 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, the confluence of the Internet, 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, harsh penalties imposed by Section 790.33 have a chilling effect on the ability of local officials to adopt or even consider regulations that they believe are not preempted; and WHEREAS, as such, the Mayor and City Commission declare their support for SB 134 and urge the Florida Legislature to pass the bill during its 2020 Legislative Session. 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 declare support for Senate Bill 134, which seeks to repeal Section 790.33 of Florida Statutes, which bars municipalities from passing regulations that are stricter than state firearms laws, urge Florida Legislature to pass the bill during the 2020 Florida Legislative Session, and direct the City Clerk to send a copy of this Resolution to the members of the Commission of Miami-Dade County, Florida League of Cities, Inc., and to all members of the South Florida Legislative Delegation. PASSED AND ADOPTED this 11th day of September, 2019. '.---W ATTEST: an Ge ."r, Mayor .1°• 14 Rafael E. ranado, City Clerk (Sponsored by Commissioner Micky Steinberg) D AS TO Or�.� �NGUAGE • EXECUTION ‘\i‘t I &4(.1-41 ((5 I��s � • ' �° 'sty Attorney ote 1NC0 ' � RP ORATED:= * Resolutions-C7 X 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 MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, DECLARING SUPPORT FOR SENATE BILL 134, WHICH SEEKS TO REPEAL SECTION 790.33 OF FLORIDA STATUTES, WHICH BARS MUNICIPALITIES FROM PASSING REGULATIONS THAT ARE STRICTER THAN STATE FIREARMS LAWS, URGING FLORIDA LEGISLATURE TO PASS THE BILL DURING THE 2020 FLORIDA LEGISLATIVE SESSION,AND DIRECTING THE CITY CLERK TO SEND A COPY OF THIS RESOLUTION TO THE MEMBERS OF THE COMMISSION OF MIAMI-DADE COUNTY, FLORIDA LEAGUE OF CITIES, INC., AND TO ALL MEMBERS OF THE SOUTH FLORIDA LEGISLATIVE DELEGATI ON. RECOMMENDATION Pursuant to the request of Commissioner Micky Steinberg, the above-referenced Resolution is submitted for consideration by the Mayor and City Commission at the September 11, 2019 Commission meeting. Legislative Tracking Office of the City Attorney Sponsor Commissioner Micky Steinberg ATTACHMENTS: Description Resolution Page 490 of 2228