HomeMy WebLinkAboutR-12-0353City of Miami
Legislation
Resolution: R-12-0353
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 12-01025 Final Action Date: 9/27/2012
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 FOR PURPOSES MORE SPECIFICALLY
STATED HEREIN; 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 ("City"), 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 ("Carlucci Act"), 790.33
Florida Statutes (1995), by the Florida Legislature in 1987, local governments, including the City, 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 exercised this authority by establishing Chapter 38/Article II of the Code of
the City of Miami, Florida, as amended, ("City Code") 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 June 2, 2011 and became effective October 1,
2011 as Chapter 2011-109 Laws of Florida, as Section 790.33 Florida Statutes; and
WHEREAS, the Carlucci 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
City of Miami
Page 1 of 2 File Id: 12-01025 (Version: 2) Printed On: 12/8/2017
File Number: 12-01025 Enactment Number: R-12-0353
firearms in municipal or city parks and therefore Section 38-55 of the City Code was preempted by
the Florida Legislature; and
WHEREAS, all of the ordinances pertaining to the regulation of firearms at City parks and
playgrounds were preempted and made null and void by the Carlucci Act; and
WHEREAS, on November 17, 2011, the City adopted Ordinance 11-00940 amending Chapter
38/Article II of the City Code, entitled "Parks and Recreation/Use Regulations", to remove language
inconsistent with the Carlucci 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 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 to consider the enactment of appropriate stricter firearm control
measures to ensure the safety of their citizens at City public parks and City playgrounds through the
enactment of forceful and effective ordinances designed to curb the alarming escalation of tragic
firearm shootings which 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}
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.
City of Miami Page 2 of 2 File Id: 12-01025 (Version: 2) Printed On: 12/8/2017