HomeMy WebLinkAboutReso 2018-2795 RESOLUTION NO. 2018 161.E
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH FLORIDA, URGING THE FLORIDA LEGISLATURE TO
REPEAL THE PROVISIONS PUNISHING ELECTED OFFICIALS SET
FORTH IN SECTION 790.33, FLORIDA STATUTES, FOR ENACTING
REGULATIONS RELATING TO FIREARMS AND AMMUNITION;
PROVIDING FOR EFFECTIVE DATE.
WHEREAS, 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, Florida; and
WHEREAS, National and State leaders continue to fail to act to implement sensible regulations
to prevent gun violence; and
WHEREAS, 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, the purported preemption statute, 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, 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, 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 "Preemption Penalties"); and
WHEREAS, as a result of the 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 gun violence;
and
WHEREAS, the 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,the portion of the 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
WHEREAS, the City Commission believes it is in the best interest of the residents of the
City to urge the Florida Legislature to repeal the Preemption Penalties.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA AS FOLLOWS:
Section 1. Recitals. The foregoing Whereas paragraphs are hereby ratified and confirmed
as being true, and the same are hereby made a specific part of this Resolution.
Section 2. Repeal of Preemption Penalties. The City Commission hereby urges the repeal
by the Florida Legislature the Preemption Penalties contained in Section 790.33, Florida Statutes.
Section 3. Direction to the City Clerk. The City Clerk hereby directed to send a certified
copy of this Resolution to the President of the Florida Senate, Chairperson of the Florida House of
Representatives, Senator Daphne Campbell, Representative Joseph Geller and City lobbyist Ron
Book.
Section 4. Effective Date. This Resolution shall become = ' - tive upon adoption.
PASSED and ADOPTED this 15th day of March, 20
Georg; H. Scholl, Mayor
AT SI
10
Maun io Beta cur, CMC, City Clerk
4
APPROVED AS TO FORM
AND _ G• j.UFFICIENCY:
H.'In'not, City Attorney
Moved by: \ ,e,6 tki96g- �Ol b,vtt ry
Seconded by: ComIcA(or1/416--c. 611-1 O
Vote:
Mayor Scholl ✓(Yes) (No)
Vice Mayor Goldman ✓ (Yes) (No)
Commissioner Aelion /(Yes) (No)
Commissioner Gatto (Yes) (No)
Commissioner Svechin /(Yes) (No)
City Commission
JNNY sCityof Sunny Beach George"Bud"
Scholl,Mayor
0 T=_ , - 18070 Collins Avenue, Suite 250 Dana Goldman,lice Mayor
.
Sunny Isles Beach, Florida 33160 Isaac Aelion, Commissioner
v '-;"4 wy 2 Jeanette Gatto,Commissioner
• '�' +
(305)947-0606 City Hall Lorisa Svechin,Commissioner
* (305)949-3113 Fax
'9`"/99)* �oP 4"- (305)947-2150 Building Department Christopher J.Russo City Manager
305 947-5107 Fax Hans Ottinot,City Attorney
crof suN ( ) Mauricio Betancur,CMC,City Clerk
MEMORANDUM
TO: The Honorable Mayor and City Commission
FROM: Commissioner Larisa Svechin
DATE: March 15, 2018
RE: Resolution Urging The Florida Legislature To Repeal Firearm Regulation Penalties
Under Section 790.33. Florida Statutes.
RECOMMENDATION
This Resolution is presented for your consideration.
REASONS •
It is undisputed that the number one responsibility of this City Commission is protect our
residents. Our residents certainly believe that this City is ultimately responsible for their safety
even though the safety of our residents is a shared responsibility between numerous government
agencies. When tragedy strikes a community, residents of a community expect local officials to
take action. The recent tragedy at Marjory Stoneman Douglas High School, where a number of
young lives were lost, requires local governments to be more proactive. As President of Sunny
Isles Beach Parent Teacher Student Association ("SIB PTSA"), I work closely with the parents,
teachers and students in this community. They have real concerns about their safety. However,
local officials cannot make changes unless permitted by the Florida Legislature.
While the Legislature recently took steps to combat gun violence in public schools, the Legislature
must allow local officials to discuss methods or enact ordinances that may prevent gun violence
from reoccurring. Under Section 790.33, Florida Statutes, the Florida Legislature has prohibited
local officials from enacting legislation relating to guns and local officials can face severe
penalties starting from civil fines up to $5000 and removal from office. A number of local
officials, especially from the City of Coral Gables, are not waiting for the next tragedy to strike to
take action. Certain officials have taken action against gun violence despite the penalties under
state law. I certainly believe this City and other local governments need to have the tools to
address safety issues. Without the repeal of the penalties, local officials will not be able to address
these issues from a comprehensive perspective.
To this end, I ask my colleagues by support this Resolution to urge Florida Legislature to repeal
the punitive punishments imposed under Section 790.33, Florida Statutes and give us the ability to
have a conversation about gun regulation and reform. The time has come!