LTC 129-2018 City of Weston Resolution NOS. 2018-28; 2018-29; ANMIAMI BEACH
OFFICE OF THE CITY CLERK
No. 129-2018 LETTER TO COMMISSION
TO: Mayor Dan Gelber and Members of t e City Commission
FROM: Rafael E. Granada, City Clerk
DATE: March 7, 2018
SUBJECT: CITY OF WESTON RESOLUTION NOS. 2018-28; 2018-29; AND 2018-30
Attached for your information are Resolution Nos. 2018-28; 2018-29; and 2018-30, adopted by
the Mayor and City Commission of the City of Weston on February 26, 2018.
RESOLUTION NO. 2018-28
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WESTON,
FLORIDA, REQUESTING AND URGING THE SCHOOL BOARD OF
BROWARD COUNTY ("SBBC") TO FUND ITS PORTION FOR THREE
ADDITIONAL SCHOOL RESOURCE OFFICERS TO BE PLACED IN SBBC
ELEMENTARY SCHOOLS LOCATED IN THE CITY.
RESOLUTION NO. 2018-29
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WESTON,
FLORIDA, CALLING ON THE STATE OF FLORIDA, GOVERNOR RICK
SCOTT, PRESIDENT DONALD TRUMP, AND THE FEDERAL GOVERNMENT
TO REDUCE GUN VIOLENCE IN AMERICA AND HELP PREVENT FUTURE
MASS SHOOTINGS BY REQUIRING A BACKGROUND CHECK FOR EVERY
FIREARM SALE; SUPPORTING THE PASSAGE OF A RED FLAG LAW;
SUPPORTING RAISING THE AGE FOR LEGAL PURCHASE OF FIREARMS,
MAGAZINES, AND AMMUNITION TO 21; SUPPORTING THE PASSAGE OF
LEGISLATION THAT WOULD KEEP MILITARY -STYLE WEAPONS AND
HIGH-CAPACITY MAGAZINES AWAY FROM OUR SCHOOLS; URGING THE
FLORIDA LEGISLATURE TO REPEAL THE PUNITIVE PUNISHMENTS OF
ELECTED OFFICIALS SET FORTH IN SECTION 790.33, FLORIDA
STATUTES,
RESOLUTION NO. 2018-030
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.
The City of Weston Clerk has requested that a copy of these resolutions 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.
Attachments
F:\CLER\$ALL\CILIA\LTC's - Transmittal's\Resolutions 2018-28; 29; 30 City of Weston.docx
CITY OF WESTON, FLORIDA
RESOLUTION NO. 2018-28
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WESTON,
FLORIDA, REQUESTING AND URGING THE SCHOOL BOARD OF BROWARD
COUNTY ("SBBC") TO FUND ITS PORTION FOR THREE ADDITIONAL SCHOOL
RESOURCE OFFICERS TO BE PLACED IN SBBC ELEMENTARY SCHOOLS LOCATED
IN THE CITY.
WHEREAS, First, the School Board of Broward County (the "SBBC") owns and operates ten
schools located in the City of Weston (the "City"); and
WHEREAS, Second, the City contracts with the Broward Sheriff's Office (the "Sheriff") for
police services within the City; and
WHEREAS, Third, the SBBC has established a School Resource Officer Program ("SRO
Program") pursuant to applicable Horida law; and
WHEREAS, Fourth, the SBBC desires to provide law enforcement officers to serve as School
Resource Officers ("SRO") in SBBC schools; and
WHEREAS, Fifth, the City, the SBBC, and the Sheriff agree that the SRO Program is a great
benefit to the school administration, the student body, and the community as a whole; and
WHEREAS, Sixth, SRO's are placed in the SBBC schools located in the City and are funded
in part via the School Resource Officer Agreement between the SBBC and the Sheriff, with the
balance of the funding via the Agreement between the City and the Sheriff for Police Services; and
WHEREAS, Seventh, the SBBC funds in part and the City funds the balance the Sheriff's SROs
in SBBC schools located in the City, being two at Cypress Bay High School; one at Tequesta Trace
Middle School; one at Falcon Cove Middle School; and three shared among Country Isles, Indian
Trace, Eagle Point, Everglades, Gator Run, and Manatee Isles Elementary Schools, for a total of seven
SROs; and
WHEREAS, Eighth, the City requests the SBBC to fund the SBBC's portion three additional
SROs commencing October 1, 2018 for placement at SBBC elementary schools located in the City;
and
WHEREAS, Ninth, the City is willing to fund its portion of the requested three additional
SRO's commencing October 1, 2018; and
WHEREAS, Tenth, the SBBS's fulfilling of the City's request that the SBBC fund its portion of
the three additional SROs, and the City's willingness to fund the balance of the three additional
SRO's, will enable the Sheriff to place one SRO at each of the SBBC's elementary schools located in
the City.
#68986 v2 Resolution No. 2018-28 Page 1 of 2
RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WESTON, FLORIDA, REQUESTING AND
URGINING THE SCHOOL BOARD OF BROWARD COUNTY (NSBBC")10 FUND ITS PORTION FOR THREE
ADDITIONAL SCHOOL RESOURCE OFFICERS TO BE PLACED IN SBBC ELEMENTARY SCHOOLS LOCATED
IN THE CITY.
NOW THEREFORE BE IT RESOLVED by the City Commission of the City of Weston, Florida:
Section. 1: The foregoing recitals contained in the preamble to this Resolution are incorporated by
reference herein.
Section 2: The City of Weston requests the School Board of Broward County to fund its portion of
three additional School Resource Officers to be placed in School Board of Broward County
elementary schools located in Weston.
Section 3: The City of Weston is will fund its portion of the three additional School Resource Officers
subject to the School Board of Broward County funding its portion.
Section 4: The City Clerk is directed to send a certified copy of this Resolution to the Members of
the School of the School Board of Broward County, the Superintendent of Schools, and the Sheriff of
Broward County.
Section 5: This Resolution shall take effect upon its adoption.
ADOPTED by the City Commission of the City of Weston, Florida, this 26' day of Fesi ary 2018.
A i EST:
Patricia A. Bates, City Clerk
Approved as to form and legality
for the use of and jIiance by the
City of -ston
Jamie Al
ole, City Attorney
#68986 v2 Resolution No, 2018-28
Daniel J. Stermer, ayor
Roil Call:
Commissioner Jaffe
Commissioner Feuer
Commissioner Kaltman
Commissioner Brown
Mayor Stermer
Yes
Yes
Yes
Yes
Yes
Page 2 of 2
CITY OF WESTON, FLORIDA
RESOLUTION NO. 2018-29
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WESTON,
FLORIDA, CALLING ON THE STATE OF FLORIDA, GOVERNOR RICK SCOTT,
PRESIDENT DONALD TRUMP, AND THE FEDERAL GOVERNMENT TO REDUCE
GUN VIOLENCE IN AMERICA AND HELP PREVENT FUTURE MASS SHOOTINGS
BY REQUIRING A BACKGROUND CHECK FOR EVERY FIREARM SALE;
SUPPORTING THE PASSAGE OF A RED FLAG LAW; SUPPORTING RAISING THE
AGE FOR LEGAL PURCHASE OF FIREARMS, MAGAZINES, AND AMMUNITION
TO 21; SUPPORTING THE PASSAGE OF LEGISLATION THAT WOULD KEEP
MILITARY -STYLE WEAPONS AND HIGH-CAPACITY MAGAZINES AWAY FROM
OUR SCHOOLS; URGING THE FLORIDA LEGISLATURE TO REPEAL THE PUNITIVE
PUNISHMENTS OF ELECTED OFFICIALS SET FORTH IN SECTION 790.33,
FLORIDA STATUTES.
WHEREAS, First, an increase in the amount of hate groups, international and lone wolf
domestic terrorism, underfunded community mental health programs, and easy access to military
grade, high capacity magazine assault weapons have created circumstances which have led to an
unprecedented number of mass shootings in American communities in recent years; and
WHEREAS, Second, on February 14, 2018, Nikolas Cruz shot and killed 17 people, including
students, teachers, and coaches, and wounded 14 others at Marjory Stoneman Douglas High School
in Parkland, Florida; and
WHEREAS, Third, on November 5, 2017, Devin Patrick shot and killed 26 people and injured
20 others at the First Baptist Church in Sutherland Springs, Texas; and
WHEREAS, Fourth, on October 1, 2017, Stephen Paddock, who had an arsenal of 23
weapons and accessories, shot and killed 58 people and injured more than 500, at the Harvest Music
Festival in Las Vegas, Nevada; and
WHEREAS, Fifth, on June 12, 2016, Omar Saddiqui Mateen, using a legally purchased semi-
automatic rifle, shot and killed 49 people and injured at least 50 people at the Pulse Nightclub in
Orlando, Florida; and
WHEREAS, Sixth, on December 14, 2012, Adam Lanza, using two semi-automatic handguns,
shot and killed 27 people, including 20 children at Sandy Hook Elementary School; and
WHEREAS, Seventh, on October 21, 2012, Radcliffe Haughton, using a semi-automatic
handgun, shot and killed his estranged wife and 2 others; and though a restraining order had been
issued against Haughton — making him a prohibited person under federal law — Haughton was able
to avoid a background check by purchasing the gun from a private seller through armslist.com; and
WHEREAS, Eighth, on August 5, 2012, Wade Michael Page, using a semi-automatic handgun,
shot and killed 6 people and injured 3 others at a Sikh temple in Oak Creek, Wisconsin; and
#69001v1 Resolution No. 2018-29 Page 1 of 7
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WESTON, FLORIDA, CALLING ON THE
STATE OF FLORIDA, GOVERNOR RICK SCOTT, PRESIDENT DONALD TRUMP, AND THE FEDERAL
GOVERNMENT TO REDUCE GUN VIOLENCE IN AMERICA AND HELP PREVENT FUTURE MASS
SHOOTINGS BY REQUIRING A BACKGROUND CHECK FOR EVERY FIREARM SALE; SUPPORTING THE
PASSAGE OF A RED FLAG LAW; SUPPORTING RAISING THE AGE FOR LEGAL PURCHASE OF FIREARMS,
MAGAZINES, AND AMMUNITION TO 21; SUPPORTING THE PASSAGE OF LEGISLATION THAT WOULD
KEEP MILITARY -STYLE WEAPONS AND HIGH-CAPACITY MAGAZINES AWAY FROM OUR SCHOOLS;
URGING THE FLORIDA LEGISLATURE TO REPEAL THE PUNITIVE PUNISHMENTS OF ELECTED OFFICIALS
SET FORTH IN SECTION 790.33, FLORIDA STATUTES.
WHEREAS, Ninth, on July 20, 2012, James Holmes, using a semi-automatic rifle and other
guns, shot and killed 12 people and injured at Least 58 others in a movie theater in Aurora, Colorado,
using some of the thousands of rounds of ammunition that he had recently purchased online without
a background check; and
WHEREAS, Tenth, on January 8, 2011, Jared Loughner, someone with a reported history of
drug abuse and serious mental illness who should have been in the NICS database but was not, killed
6 people in Tucson; and
WHEREAS, Eleventh, an April 16, 2007, Seung -Hui Cho shot and killed 32 people at Virginia
Tech with guns that were legally purchased because records of his mental health status were missing
from the NICS; and
WHEREAS, Twelfth, an AR -15 -style rifle was used in the mass shootings in Newton,
Connecticut; Aurora, Colorado; San Bernardino, California; Las Vegas, Nevada; Sutherland Springs,
Texas; and Parkland, Florida; and
WHEREAS, Thirteenth, 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, Fourteenth, under federal law, licensed gun dealers are mandated to conduct
NICS checks before proceeding with a sale, but this requirement does not apply to so-called private
sellers who are present in large numbers at gun shows and sell guns over the Internet; and
WHEREAS, Fifteenth, more than 12,000 Americans are murdered with guns every year, and
too many of these crimes are committed by individuals who are barred from purchasing or possessing
guns under federal law; and
WHEREAS, Sixteenth, other tragedies including the 1999 Columbine High School shooting
in Colorado, the 2010 attack on law enforcement at the Pentagon, and the 2012 mass shooting at a
Pittsburgh psychiatric clinic were perpetrated by individuals who obtained guns through unregulated
private sales, with no paperwork required and no questions asked; and
WHEREAS, Seventeenth, the Fix Gun Checks Act was introduced in the U.S. Congress, and
this legislation would have addressed the two major flaws in the nation's gun background check
system by improving compliance with federal record reporting requirements, and by requiring
background checks for all U.S. gun sales; and
#69001v1 Resolution No, 2018.29 Page 2 of 7
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WESTON, FLORIDA, CALLING ON THE
STATE OF FLORIDA, GOVERNOR RICK SCOTT, PRESIDENT DONALD TRUMP, AND THE FEDERAL
GOVERNMENT TO REDUCE GUN VIOLENCE IN AMERICA AND HELP PREVENT FUTURE MASS
SHOOTINGS BY REQUIRING A BACKGROUND CHECK FOR EVERY FIREARM SALE; SUPPORTING THE
PASSAGE OF A RED FLAG LAW; SUPPORTING RAISING THE AGE FOR LEGAL PURCHASE OF FIREARMS,
MAGAZINES, AND AMMUNITION TO 21; SUPPORTING THE PASSAGE OF LEGISLATION THAT WOULD
KEEP MILITARY -STYLE WEAPONS AND HIGH-CAPACITY MAGAZINES AWAY FROM OUR SCHOOLS;
URGING THE FLORIDA LEGISLATURE TO REPEAL THE PUNITIVE PUNISHMENTS OF ELECTED OFFICIALS
SET FORTH IN SECTION 790.33, FLORIDA STATUTES.
WHEREAS, Eighteenth, the City has repeatedly tried to get legislation passed regarding
exercising its home rule authority to regulate firearms upon local government owned property and
supported efforts to reduce gun violence; and
WHEREAS, Nineteenth, on January 22, 2013, the City Commission adopted Resolution No.
2013-03, 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, Twentieth, on October 21, 2013, the City Commission adopted Resolution No.
2013-130, supporting efforts to reduce gun violence and illegal firearms trafficking through more
responsible gun sales and marketing practices; and
WHEREAS, Twenty-first, on April 7, 2014, the City Commission adopted Resolution No.
2014-34, supporting House Bill 305 and Senate Bill 492, amending 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, Twenty-second, the City is a strong advocate for common-sense policies that keep
guns out of dangerous hands while respecting the rights of law-abiding gun owners, and strongly
believes that Congress and state governments should take action to dose deadly gaps in the NICS;
and
WHEREAS, Twenty-third, more than 50 national organizations support closing gaps in the
gun background check database and requiring a background check for all gun sales, including the
U.S. Conference of Mayors, National Urban League, National Association for the Advancement of
Colored People, the National Coalition Against Domestic Violence, the International Association of
Chiefs of Police, the Major Cities Chiefs Association, and the Police Executive Research Forum; and
WHEREAS, Twenty-fourth, Red Flag laws, which have been increasingly adopted by states,
allow family members and law enforcement to seek an Extreme Risk Protection Order, a court order
temporarily restricting a person's access to guns when they pose a danger to self or others; and
WHEREAS, Twenty-fifth, currently pending in the Florida Legislature is House BiII 231 and
Senate Bill 530 which would implement a Red Flag Law, and had these bills been previously passed
and signed into law, there is a high likelihood the Parkland massacre could have been averted and
those loved ones saved; and
#69001v1 Resolution No. 2018-29 Page 3 of 7
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WESTON, FLORIDA, CALLING ON THE
STATE OF FLORIDA, GOVERNOR RICK SCOTT, PRESIDENT DONALD TRUMP, AND THE FEDERAL
GOVERNMENT TO REDUCE GUN VIOLENCE IN AMERICA AND HELP PREVENT FUTURE MASS
SHOOTINGS BY REQUIRING A BACKGROUND CHECK FOR EVERY FIREARM SALE; SUPPORTING THE
PASSAGE OFA RED FLAG LAW; SUPPORTING RAISING THE AGE FOR LEGAL PURCHASE OF FIREARMS,
MAGAZINES, AND AMMUNITION TO 21; SUPPORTING THE PASSAGE OF LEGISLATION THAT WOULD
KEEP MILITARY -STYLE WEAPONS AND HIGH-CAPACITY MAGAZINES AWAY FROM OUR SCHOOLS;
URGING THE FLORIDA LEGISLATURE TO REPEAL THE PUNITIVE PUNISHMENTS OF ELECTED OFFICIALS
SET FORTH IN SECTION 790.33, FLORIDA STATUTES.
WHEREAS, Twenty-sixth, with some exceptions, federal law prohibits the possession of a
handgun or handgun ammunition by any person under the age of 18 but does not set a minimum
age for the possession of long guns or long gun ammunition; and
WHEREAS, Twenty-seventh, under Florida law, the purchase of a long gun is allowed for a
person under 21 years of age; and
WHEREAS, Twenty-eighth, in order to restrict such purchase and/or possession of a long gun,
high capacity magazines and ammunition, the Florida legislature would need to amend Fla. Stat. §§
790.17(2), 790.18, 790.22(3), (5), Fla. Stat.; and
WHEREAS, Twenty-ninth, in response to mass shootings resulting in the massacre of students,
teachers and others, Maryland, Connecticut, and New York passed similar prohibitions on sales of
assault weapons and Targe capacity magazines, these laws have been upheld as constitutional by
Federal courts; and
WHEREAS, Thirtieth, presently pending in Florida is similar legislation, Senate Bill 196 and
House Bill 219 which would prohibit "the sale or transfer of an assault weapon or large -capacity
magazine; specifying circumstances in which the manufacture or transportation of assault weapons
or Targe -capacity magazines is not prohibited; providing enhanced criminal penalties for certain
offenses when committed with an assault weapon or large -capacity magazine, etc."; and
WHEREAS, Thirty-first, following the lead of other states, and having had Federal Courts
consistently hold that such restrictions are constitutional, it is time to implement such restrictions;
and
WHEREAS, Thirty-second, in 2011, the Florida Legislature passed, and Governor Scott signed
into law, Chapter 2011-109, Laws of Florida, amending Section 790.33, Florida Statutes, to allows a
court to assess a fine of up to $5,000 against an elected or appointed official for a knowing and willful
violation; prohibits the use of public funds for defense of a knowing and willful violation; allows the
Governor to remove from office, without due process of law, any person acting in an official capacity
for a local authority, including an elected official, who passes an ordinance or causes to be enforced
a local ordinance, administrative rule or regulation impinging on the exclusive authority of Florida
legislature to regulate firearms and ammunition in all respects; and awards attorneys' fees to a
prevailing plaintiff; and
WHEREAS, Thirty-third, local governments have a duty to protect their residents, visitors,
tourists, and businesses and that such duty should not be infringed upon by State government; and
#69001v1 Resolution No. 2018-29 Page 4 of 7
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WESTON, FLORIDA, CALLING ON THE
STATE OF FLORIDA, GOVERNOR RICK SCOTT, PRESIDENT DONALD TRUMP, AND THE FEDERAL
GOVERNMENT TO REDUCE GUN VIOLENCE IN AMERICA AND HELP PREVENT FUTURE MASS
SHOOTINGS BY REQUIRING A BACKGROUND CHECK FOR EVERY FIREARM SALE; SUPPORTING THE
PASSAGE OF A RED FLAG LAW; SUPPORTING RAISING THE AGE FOR LEGAL PURCHASE OF FIREARMS,
MAGAZINES, AND AMMUNITION TO 21; SUPPORTING THE PASSAGE OF LEGISLATION THAT WOULD
KEEP MILITARY -STYLE WEAPONS AND HIGH-CAPACITY MAGAZINES AWAY FROM OUR SCHOOLS;
URGING THE FLORIDA LEGISLATURE TO REPEAL THE PUNITIVE PUNISHMENTS OF ELECTED OFFICIALS
SET FORTH IN SECTION 790.33, FLORIDA STATUTES,
WHEREAS, Thirty-fourth, the City Commission urgently requests the Governor and
Legislature of the State of Florida to address this deficit in law by enacting legislation that would allow
municipalities the ability to address these public health, safety and welfare items by enacting local
legislation without fear of removal from office, in accordance with the unique local characteristics of
a community and with due respect to the risk to public; and
WHEREAS, Thirty-fifth, the City Commission deems it to be in the best interest of the residents
and citizens of the City of Weston to call on the State of Florida Governor Rick Scott, President
Donald Trump, and the Federal Government to reduce gun violence in America and help prevent
future shootings by requiring a background check for every firearm sale; to support the passage of a
Red Flag Law; to support raising the age for legal purchase of firearms, magazines, and ammunition
to 21; and to support the passage of legislation that would keep military style weapons and high-
capacity magazines away from our schools.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Weston, Florida:
Section 1: The foregoing recitals contained in the preamble to this Resolution are incorporated by
reference herein.
Section 2: The City Commission supports Federal Legislation that would require a background check
for every firearm sale whether the legislation is enacted by passage of the Fix Gun Checks Act in the
United States Congress or some other legislation.
Section 3: The City Commission urges the Florida legislature to immediately pass House Bill
231/Senate Bill 530, popularly described as a "Red Flag Law/' to protect our community from those
who are identifiable as a threat to safety and security.
Section 4: The City Commission urges immediate amendment to Florida law to raise the age for legal
purchase of guns, including long guns, high capacity magazines, and ammunition to 21 years of age.
Section 5: The City Commission urges immediate passage of legislation that would get military -style
weapons and high-capacity magazines away from our community and especially our schools and
that would increase the minimum age to purchase and possess a weapon from age 18 to age 21,
Section 6: The City Commission urges the Florida legislature to repeal the draconian punitive
punishments of elected officials set forth in Florida Statutes section 790.33.
#69001v1 Resolution No. 2018-29 Page 5 of 7
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WESTON, FLORIDA, CALLING ON THE
STATE OF FLORIDA, GOVERNOR RICK SCOTT, PRESIDENT DONALD TRUMP, AND THE FEDERAL
GOVERNMENT TO REDUCE GUN VIOLENCE IN AMERICA AND HELP PREVENT FUTURE MASS
SHOOTINGS BY REQUIRING A BACKGROUND CHECK FOR EVERY FIREARM SALE; SUPPORTING THE
PASSAGE OF A RED FLAG LAW; SUPPORTING RAISING THE AGE FOR LEGAL PURCHASE OF FIREARMS,
MAGAZINES, AND AMMUNITION TO 21; SUPPORTING THE PASSAGE OF LEGISLATION THAT WOULD
KEEP MILITARY -STYLE WEAPONS AND HIGH.CAPACITY MAGAZINES AWAY FROM OUR SCHOOLS;
URGING THE FLORIDA LEGISLATURE TO REPEAL THE PUNITIVE PUNISHMENTS OF ELECTED OFFICIALS
SET FORTH IN SECTION 790.33, FLORIDA STATUTES.
Section 7: The City Commission urges Florida Governor Rick Scott to take action to pass gun reform,
even if it means extending the 2018 legislative session, to:
a. Raise the minimum age to allow the purchase of guns and ammunition to 21;
b. Eliminate the loopholes in the private transfer of weapons and require full background checks
for all sales and transfers of firearms;
c. Repeal the penalties in Section 790.33(3), Florida Statutes;
d. Enact legislation regarding Red Flag Law to allow Extreme Risk Protection Orders such as
those proposed in House Bill 231 and Senate Bill 530;
e. Enact the Gun Safety legislation set forth in Senate Bill 196 and House Bill 219 to place
constitutional restrictions on the sale and transfer of assault -style weapons and high-capacity
magazines.
Section 8: The City Clerk is directed to distribute this Resolution to President Donald Trump,
Governor Rick Scott, the United States Congressional Delegations from Florida, the Broward County
Legislative Delegation, and the Broward League of Cities.
Section 9: 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 10: This Resolution shall take effect upon its adoption.
#69001v1 Resolution No. 2018-29 Page 6 of 7
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WESTON, FLORIDA, CALLING ON THE
STATE QF FLORIDA, GOVERNOR RICK SCOTT, PRESIDENT DONALD TRUMP, AND THE FEDERAL
GOVERNMENT TO REDUCE GUN VIOLENCE IN AMERICA AND HELP PREVENT FUTURE MASS
SHOOTINGS BY REQUIRING A BACKGROUND CHECK FOR EVERY FIREARM SALE; SUPPORTING THE
PASSAGE OF A RED FLAG LAW; SUPPORTING RAISING THE AGE FOR LEGAL PURCHASE OF FIREARMS,
MAGAZINES, AND AMMUNITION TO 21; SUPPORTING THE PASSAGE OF LEGISLATION THAT WOULD
KEEP MILITARY -STYLE WEAPONS AND HIGH-CAPACITY MAGAZINES AWAY FROM OUR SCHOOLS;
URGING THE FLORIDA LEGISLATURE TO REPEAL THE PUNITIVE PUNISHMENTS OF ELECTED OFFICIALS
SET FORTH IN SECTION 79033, FLORIDA STATUTES,
ADOPTED by the City Commission of the City of Weston, Florida, this 2
ATTEST:
¶frtf at icia A. Bates, City Clerk
Approved as to form and legality
for the use dtand retia ce by the
City of ).Wstqn only:
Jamie Alan C/61e, City Attorney
Dane
I
oil tiff,
mer, Mayor
Roll Cath
Commissioner Jaffe
Commissioner Feuer
Commissioner Kaltman
Commissioner Brown
Mayor Stermer
2018.
Yes
Yes
Yes
Yes
Yes
#69001v1 Resolution No. 2018-29 Page 7 of 7
CITY OF WESTON, FLORIDA
RESOLUTION NO, 2018-30
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.
WHEREAS, First, 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, Horida; and
WHEREAS, Second, 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, Third, the residents of Weston have repeatedly petitioned that the City
Commission take action regarding gun violence, including requests that the City ban, restrict or take
other steps that would reduce the threat from firearms in City facilities and parks; and
WHEREAS, Fifth, on January 22, 2013, the City Commission adopted Resolution No. 2013-
03, 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, Sixth, on April 7, 2014, the City Commission 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, Seventh, the City's requests to the State 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, Eighth, 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) purports to prohibit the enactment of
any future ordinances or regulations "relating to firearms,' and (c) also purports to create potential
liability for damages for actions other than ordinances and regulations, including any "measure,
directive, rule, enactment, order, or policy promulgated or caused to be enforced"; and
WHEREAS, Ninth, the purported preemption, by using 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,
#69619 v1 Resolution No. 2018-38 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 79033, 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.
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, Tenth, 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 $100,000 and fines up to $5,000 (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, Eleventh, as a result of the Onerous Preemption Penalties, the City Commission
and its members fear taking any steps that could even remotely be viewed as a violation of the
preemption, creating a chilling effect upon City action and preventing the City Commission from
responding to the petitions and requests of the City's residents to do something to protect against the
dangers of firearms; and
WHEREAS, Twelfth, 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 falling
under the preemption and be subjected to the Onerous Preemption Penalties; and
WHEREAS, Thirteenth, the Onerous Preemption Penalties strike at the core of the American
system of democratic representation: they suppress, in an insidious, Orwellian fashion, the voice of
the local electorate through intimidation of local elected officials; and
WHEREAS, Fourteenth, 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, Fifteenth, the Onerous Preemption Penalties infringe upon the legislative
immunity the members of the City Commission enjoy under law when casting votes in their official
capacities; and
WHEREAS, Sixteenth, the portion of the Onerous Preemption Penalties related to the removal
from office by the Governor 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
#69019 vi Resolution No. 2018-30 Page 2 of 4
A RESOLUTION OFTHE CITY COMMISSION OF THE CITY OF WESTON, FLORIDA, AUTHORIZING AND
DIRECTING THE CITY ATTORNEY TO FILE A LAWSUIT SEEKING A DECLARATION THAT THE PROVISIONS
PUNISHLNG ELECTED OFFICIALS SET FORTH IN SECTION 790.33, FLORIDA STATUTES, FOR VOLATING
THE PREEMPTION RELATED TO THE REGULATION OF FIREARMS AND AMMUN1TION ARE INVALID,
AND INVITING OTHER LOCAL GOVERNMENTS TOJOIN THE LAWSUIT.
WHEREAS, Seventeenth, 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
and urging other local governments to join the lawsuit as plaintiffs with the City.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Weston, Florida:
Section 1: The foregoing recitals contained in the preamble to this Resolution are incorporated by
reference herein.
Section 2: The City Commission hereby authorizes and directs the City Attorney to file a lawsuit
naming the City and those any indMdua Members of the Commission (in their official capacity) who
choose to participate, as plaintiffs, seeking declaratory and other appropriate relief to challenge the
Onerous Preemption Penalties contained in Section 790.33, 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.
Section 4: The City Clerk is directed to distribute this Resolution to all local governments in Broward
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: This Resolution shall take effect upon its adoption.
#69019 vi Resolution No, 2018-30 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 gm THE LAWSUIT.
ADOPTED by the City Commission of the City of Weston, Florida, this y if Fe ary 2018.
ATTEST:
6r/ atricia A. Bates, City Clerk
Approved as to form and legality
for the useia and relia4ce by the
City of/West n on/f
J mieAlah le, City Attorney
Roll Call:
Commissioner Jaffe
Commissioner Feuer
Commissioner Kallman
Commissioner Brown
Mayor Stermer
Yes
Yes
Yes
Yes
Yes
#69019 v1 Resolution No. 2018-30 Page 4 of 4