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HomeMy WebLinkAboutAgenda Item Cover PageAGENDA ITEM COVER PAGE File ID: #3793 Resolution A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ATTORNEY TO RESEARCH THE FEASIBILITY OF THE CITY OF MIAMI FILING A LAWSUIT SEEKING DECLARATORY RELIEF REGARDING THE PROVISIONS SET FORTH IN SECTION 790.33, FLORIDA STATUTES, SETTING PENALTIES AGAINST ELECTED OFFICIALS FOR ENACTING OR CAUSING TO BE ENFORCED ANY LOCAL ORDINANCE OR ADMINISTRATIVE RULE AND/OR DIRECTING THE CITY ATTORNEY TO FILE ANY RELATED LAWSUIT PERTAINING TO THE REGULATION OF FIREARMS AND AMMUNITION. City of Miami Legislation Resolution Enactment Number: R-18-0085 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 3793 Final Action Date:3/8/2018 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ATTORNEY TO RESEARCH THE FEASIBILITY OF THE CITY OF MIAMI FILING A LAWSUIT SEEKING DECLARATORY RELIEF REGARDING THE PROVISIONS SET FORTH IN SECTION 790.33, FLORIDA STATUTES, SETTING PENALTIES AGAINST ELECTED OFFICIALS FOR ENACTING OR CAUSING TO BE ENFORCED ANY LOCAL ORDINANCE OR ADMINISTRATIVE RULE AND/OR DIRECTING THE CITY ATTORNEY TO FILE ANY RELATED LAWSUIT PERTAINING TO THE REGULATION OF FIREARMS AND AMMUNITION. WHEREAS, over the past several years, there have been an unprecedented number of mass shootings in the United States including, most recently, at Marjory Stoneman Douglas High School in Broward County, Florida; and WHEREAS, leaders and elected officials in the national and state levels continue to fail in implementing sensible gun law reforms to increase safety against gun violence incidents that are supported by a majority of the population; and WHEREAS, the City of Miami ("City") has previously urged the United States Congress to enact legislation relating to firearms in Resolution No. 08-0099, adopted on February 28, 2008; and WHEREAS, in Section 790.33, Florida Statutes, the Florida Legislature 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, and rules; purports to prohibit the enactment of any future ordinances or regulations "relating to firearms," and; 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" ("Preemption"); and WHEREAS, the Preemption is extremely broad, vague, and could apply to a panoply of measures that the City may desire to enact; and WHEREAS, the potential violation of the broad and vague preemption language of Section 790.33, Florida Statutes, carries the risk of punitive consequences, including but not limited to damages up to $100,000.00; fines up to $5,000.00 for which the City 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 ("Penalties"); and WHEREAS, as a result of the Penalties, the City is paralyzed in taking any steps that could 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 take any and all action to protect against the dangers of gun violence; and WHEREAS, the provisions of the 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 as protected by both the Florida and United States Constitutions; and NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as fully set forth in this Section. Section 2. The City Commission hereby directs the City Attorney to research the feasibility of the City filing a lawsuit seeking declaratory relief regarding the provisions set forth in Section 790.33, Florida Statutes, setting penalties against elected officials for enacting or causing to be enforced any local ordinance or administrative rule and/or directing the City Attorney to file any related lawsuit pertaining to the regulation of firearms and ammunition. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.' APPROVED AS TO FORM AND CORRECTNESS: ndez, City Httor ey 3/8/2018 1 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) 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.