Item Coversheet

New Business and Commission Requests - R9  U




COMMISSION MEMORANDUM

TO:Honorable Mayor and Members of the City Commission 
FROM:Commissioner Michael Gongora 
DATE:March  7, 2018
 



SUBJECT:DISCUSSION REGARDING THE CITY OF MIAMI BEACH’S POTENTIAL JOINDER IN LITIGATION TO BE FILED BY THE CITY OF WESTON, FLORIDA, SEEKING A DECLARATION THAT THE PROVISIONS PUNISHING ELECTED OFFICIALS, SET FORTH IN SECTION 790.33, FLORIDA STATUTES, FOR VIOLATING STATE PREEMPTION PROVISIONS RELATED TO THE REGULATION OF FIREARMS AND AMMUNITION, ARE INVALID.

ANALYSIS

Please place the above-referenced discussion item on the March 7, 2018 City Commission meeting agenda.

Section 790.33, Florida Statutes, broadly preempts to the State any regulation of firearms and ammunition, including the purchase, sale, transfer, taxation, manufacture, ownership, possession, storage, and transportation thereof. The penalties against elected or appointed local government officials for violations of Section 790.33, Florida Statutes, include personal liability for civil fines, and the termination of employment or contract, or removal from office by the Governor.

On February 26, 2018, the City Commission of the City of Weston, Florida, directed the City Attorney to file a lawsuit seeking a declaration that the provisions punishing elected officials, set forth in Section 790.33, Florida Statutes, for violating State preemption provisions related to the regulation of firearms and ammunition, are invalid.

Given the severity of the penalties for violations of Section 790.33, Florida Statutes, I believe that a lawsuit seeking to invalidate these extreme penalties is the strongest course of action for the City to take regarding this matter.

I invite my colleagues on the City Commission to join me in directing the City Attorney to join the City of Weston in the subject litigation. 

Legislative Tracking
Office of the City Attorney
Sponsor
Commissioner Michael Gongora

ATTACHMENTS:
Description
City of Weston Resolution
Coral Gables news article