HomeMy WebLinkAboutLegislationCity of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 12-01025 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION STRONGLY URGING THE
FLORIDA LEGISLATURE TO AMEND THE JOE CARLUCCI UNIFORM FIREARMS
ACT (FLA. STAT. 790.33) AND ALLOW LOCAL GOVERNMENTS TO CONSIDER
THE ENACTMENT OF APPROPRIATE STRICTER FIREARM CONTROL
MEASURES TO ENSURE THE SAFETY OF THEIR CITIZENS AT CITY PUBLIC
PARKS AND CITY PLAYGROUNDS; DIRECTING THE CITY CLERK TO TRANSMIT
A COPY OF THIS RESOLUTION TO THE ELECTED OFFICIALS STATED HEREIN.
WHEREAS, on September 7, 2012, three people were shot while attending an optimist league
football game at Gibson Park, located in the City of Miami, after a man walked into the park and began
randomly shooting a firearm; and
WHEREAS, prior to the adoption of the Joe Carlucci Uniform Firearms Act, 790.33 Florida Statutes
(1995), by the Florida Legislature in 1987, local governments, including the City of Miami, had the
authority to enact ordinances related to the regulation of firearms for the purpose of protecting the
public health and safety of its citizens; and
WHEREAS, the City of Miami exercised this authority by establishing Chapter 38/Article II of the
Code of the City of Miami, Florida, entitled "Parks and Recreation/Use Regulations", prohibiting the
possession of firearms in City parks; and
WHEREAS, during the 2011 Legislative Session, the Florida Legislature adopted House Bill ("HB")
45 with the intent of clarifying and reorganizing provisions of the law that preempt to the State of
Florida ("State") the entire field of regulations of firearms; and
WHEREAS, HB 45 was signed by Governor Scott on June 2, 2011 and became effective on
October 1, 2011 as Chapter 2011-109 Laws of Florida, as Section 790.33 Florida Statutes; and
WHEREAS, the Joe Carlucci Uniform Firearms Act under Section 790.33(3) Florida Statutes
prohibits a knowing and willful violation of certain Florida Legislature regulations related to firearms
and ammunition by enactment or causation of enforcement of any local ordinance or administrative
rule or regulation; eliminates provisions authorizing counties to adopt ordinances requiring a waiting
period between the purchase and delivery of handguns; provides injunctive relief from enforcement of
an invalid ordinance, regulation, or rule; provides civil penalty for the knowing and willful violation of
prohibitions; provides that public funds may not be used to defend or reimburse unlawful conduct of
persons charged with a knowing and willful violation of the act; provides for termination of employment
or contract or removal from office of persons acting in an official capacity who knowingly and willfully
violate any provision of the act; provides for declaratory and injunctive relief for specified persons or
organizations; and further provides for specified damages and interest; and
WHEREAS, no comparable provision exists in Florida Statutes relating to the possession of
firearms in municipal or city parks and therefore Section 38-55 of the Code of the City of Miami,
City of Miami Page 1 of 2 File Id: 12-01025 (Version: 1) Printed On: 9/17/2012
File Number: 12-01025
Florida, as amended ("City Code") was preempted by the Florida Legislature; and
WHEREAS, all of the ordinances pertaining to the regulation of firearms at City of Miami parks and
playgrounds were preempted and made null and void by the Joe Carlucci Uniform Firearms Act; and
WHEREAS, on November 17, 2011, the City of Miami adopted Ordinance 11-00940 amending
Chapter 38/Article II of the Code of the City of Miami, Florida, entitled "Parks and Recreation/Use
Regulations", to remove language inconsistent with the Joe Carlucci Uniform Firearms Act, Section
790.33 Florida Statutes, as amended, more particularly by repealing Section 38-55, entitled "Firearms,
Explosives, or Air Powered Weapons", to repeal the prohibition of possessing firearms in parks; and
WHEREAS, the State regulation of firearms is demonstrably ineffective in providing the protection
that the public deserves at city parks and playgrounds; and
WHEREAS, the City of Miami Commission believes that the tragic problem of firearms being
allowed on city parks and playgrounds may be ameliorated by allowing local jurisdictions to cooperate
with the State in the regulation of firearms in City parks and playgrounds;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. This recitals and findings contained in the Preamble to this Resolution are incorporated
as fully set forth in this Section.
Section 2. This Commission strongly urges the Florida Legislature to amend the Joe Carlucci
Uniform Firearms Act to (1) provide a minimum standard of state regulation rather than preemption,
thereby allowing local governments the opportunity to enact forceful and effective ordinances designed
to curb the alarming escalation of tragic firearm shootings at city parks which will continue to endanger
the public health and safety of their citizens; (2) exempt local governments from preemption under the
Carlucci Act; or (3) exempt "Urban Counties ", such as Miami -Dade, Broward, Palm•Beach and
Orange from preemption under the Carlucci Act.
Section 3. The City Clerk is directed to transmit a copy of this Resolution to Governor Rick Scott
and members of the Florida Legislature.
Section 4. This Resolution shall be effective immediately upon its adoption and signature of the
Mayor.{1}
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU
CITY ATTORNEY
Footnotes:
{1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
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