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
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(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