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