HomeMy WebLinkAboutR-18-0085City of Miami
Resolution R-18-0085
Legislation
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
City of Miami Page 1 of 2 File ID: 3793 (Revision:) Printed On: 3/28/2025
File ID: 3793 Enactment Number: R-18-0085
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 Attor 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.
City of Miami Page 2 of 2 File ID: 3793 (Revision:) Printed on: 3/28/2025