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RESOLUTION NO. 2018 161.E
<br /> A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY
<br /> ISLES BEACH FLORIDA, URGING THE FLORIDA LEGISLATURE TO
<br /> REPEAL THE PROVISIONS PUNISHING ELECTED OFFICIALS SET
<br /> FORTH IN SECTION 790.33, FLORIDA STATUTES, FOR ENACTING
<br /> REGULATIONS RELATING TO FIREARMS AND AMMUNITION;
<br /> PROVIDING FOR EFFECTIVE DATE.
<br /> WHEREAS, over the past several years there have been an unprecedented number of mass
<br /> shootings in American communities including,most recently,at Marjory Stoneman Douglas High School
<br /> in Parkland, Florida; and
<br /> WHEREAS, National and State leaders continue to fail to act to implement sensible regulations
<br /> to prevent gun violence; and
<br /> WHEREAS, in Section 790.33, Florida Statutes, the State of Florida (a) declared that it is
<br /> occupying the whole field of regulation of firearms and ammunition, to the exclusion of all existing and
<br /> future county or city ordinances, regulations, or rules, (b) purports to prohibit the enactment of any future
<br /> ordinances or regulations "relating to firearms," and (c) also purports to create potential liability for
<br /> damages for actions other than ordinances and regulations, including any "measure, directive, rule,
<br /> enactment, order, or policy promulgated or caused to be enforced"; and
<br /> WHEREAS, the purported preemption statute, by using the terms "relating to firearms" and" any
<br /> measure,directive, rule, enactment, order or policy promulgated," is extremely broad and vague, and could
<br /> apply to a panoply of measures that the City would like to consider enacting, including the restricting
<br /> of guns in City facilities and parks, the placing of signs relating to guns in City facilities and parks, the
<br /> regulation of gun accessories (such as holsters or bump stocks) or the creating of"gun free zones" or "gun
<br /> safe zones"; and
<br /> WHEREAS, the potential violation of the broad and vague preemption of firearm
<br /> regulation in Section 790.33, Florida Statutes, carries the risk of onerous and punitive consequences,
<br /> including but not limited to damages up to $100,000 and fines up to $5,000 (for which the official
<br /> may be personally liable), removal from office by the Governor without due process of law, and a
<br /> prohibition of the use of public funds to pay or reimburse the official for fines, damages or defense
<br /> costs(collectively, the "Preemption Penalties"); and
<br /> WHEREAS, as a result of the Preemption Penalties, the City Commission and its members
<br /> fear taking any steps that could even remotely be viewed as a violation of the preemption, creating a
<br /> chilling effect upon City action and preventing the City Commission from responding to the petitions
<br /> and requests of the City's residents to do something to protect against the dangers of gun violence;
<br /> and
<br /> WHEREAS, the Preemption Penalties infringe on the free speech rights of the City
<br /> Commission and its members, and interfere with their ability to perform their official duties; and
<br /> WHEREAS,the portion of the Preemption Penalties related to the removal from office by the
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