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File Number 15-01610
Citi/ ®f Miami
Resoluti®n
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION URGING GOVERNOR RICK
SCOTT AND THE MEMBERS OF THE FLORIDA LEGISLATURE TO PASS SENATE
BILL 130 AND HOUSE BILL 41, AMENDING SECTION 790.15, FLORIDA
STATUTES, ENTITLED "DISCHARGING FIREARM IN PUBLIC OR ON
RESIDENTIAL PROPERTY" BYADDING SUBSECTION (4) PROHIBITING
PERSONS FROM RECREATIONALLY DISCHARGING A FIREARM OUTDOORS "IN
AN AREA THAT THE PERSON KNOWS OR REASONABLY SHOULD KNOW IS
PRIMARILY RESIDENTIAL IN NATURE"; DIRECTING THE CITY CLERK TO
TRANSMIT COPY OF THIS RESOLUTION TO GOVERNOR RICK SCOTT,
SENATE PRESIDENT ANDY GARDINER, PRESIDENT PRO TEMPORE GARRETT
RICHTER, HOUSE SPEAKER STEVE CRISAFULLI AND THE MEMBERS OF THE
FLORIDA LEGISLATURE.
WHEREAS, it has been reported in the local media that individuals have constructed "gun ranges"
in the backyards of their homes; and
WHEREAS, some of these individuals live in densely residential neighborhoods, resulting in safety
concerns among residents; and
WHEREAS, the Florida Legislature has preempted the whole field of regulation of firearms and
ammunition, including the purchase, sale, transfer, taxation, manufacture, ownership, possession,
storage, and transportation, thereby restricting the authority of local governments to regulate firearms;
and
WHEREAS, Section 790.15, Florida Statutes, currently does not clearly address the legality of
such backyard gun ranges in residential neighborhoods unless an individual "recklessly or negligently
discharges a firearm"; and
WHEREAS, Senate Bill 130 and House Bill 41 amend Section 790.15, Florida Statutes, to add
Subsection 4 providing that it is a first degree misdemeanor for a person to "recreationally discharge"
a firearm outdoors "in an area that the person knows or reasonably should know is primarily residential
in nature and that has a residential density of one or more dwelling units per acre"; and
WHEREAS, Senate Bili 130 and House Bill 41 specify that the prohibition includes "target shooting
or celebratory shooting", however, the penalty would not apply to a person lawfully defending life or
property or performing official duties requiring the discharge of a firearm, or if under the
circumstances, the discharge does not pose a reasonably foreseeable risk to life, safety, or property;
or to a person who accidentally discharges a firearm; and
WHEREAS, enactment of Senate Bill 130 and House Bill 41 will enable local law enforcement to
intervene if a firearm is discharged an area that is primarily residential in nature within the City of
Miami, thereby easing the safety concerns among neighboring residents;
City ofMia ini Page 1 of 2 File 1d:15-01610 (1lersion: 1) Printed On: 1211712015
File Number; 15-01610
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 if fully set forth in this Section.
Section 2. The City Commission urges Governor Rick Scott and the members of the Florida
Legislature to pass Senate Bill 130 and House Bill 41, amending Section 790.15, Florida Statutes,
entitled "Discharging Firearm in Public or on Residential Property" by adding Subsection (4) prohibiting
persons from recreationally discharging a firearm outdoors "in an area that the person knows or
reasonably should know is primarily residential in nature".
Section 3. The City Clerk is directed to transmit a copy of this resolution to Governor Rick Scott,
Senate President Andy Gardiner, President Pro Tempore, and Bill Sponsor, Garrett Richter, House
Speaker Steve Crisafulli, and the members of the Florida Legislature.
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{1}
APP 1 OVED AS TO FORM AND CORRECTNESS:
a A 1 n i ---
�JCTORIA MENDEZ
CITY ATTORNEY
Footnotes:
{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 Afland Page 2 of 2 File Id: 15-01610 (T>ersion: 1) Printed On: 12/17/2015