R-2018-01I RESOLUTION NO. 2018 -01
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A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE
FLORIDA, EXPRESSING SUPPORT AND ENCOURAGEMENT TO THE CITY
OF WESTON AND VARIOUS OTHER MUNICIPALITIES AND MUNICIPAL
OFFICERS REGARDING THEIR PENDING LITIGATION SEEKING A
DECLARATION THAT THE PROVISIONS SET FORTH IN SECTION 790.33,
FLORIDA STATUTES, PUNISHING ELECTED OFFICIALS FOR VIOLATING
THE PREEMPTION RELATING TO THE REGULATION OF FIREARMS AND
AMMUNITION, ARE INVALID.
WHEREAS, over the past several years there have been an unprecedented number of
mass shootings in American communities including, most recently, at Marjory Stoneman
Douglas High School in Parkland, Florida; and
WHEREAS, in Section 790.33, Florida Statutes, the State of Florida (a) declared that it
is occupying the whole field of regulation of firearms and ammunition, to the exclusion of all
existing and future county or Village ordinances, regulations, or rules, (b) purports to prohibit the
enactment of any future ordinances or regulations "relating to firearms," and (c) also 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 "; and
WHEREAS, the purported preemption, by using the terms "relating to firearms" and "any
measure, directive, rule, enactment, order of policy promulgated," is extremely broad and
vague, and could apply to a panoply of measures that the Village might like to consider
enacting, including the restricting of guns in Village facilities and parks, the placing of signs
relating to guns in Village facilities and parks, the regulation of gun accessories (such as
holsters, high capacity magazines, or bump stocks) or the creating of "gun free zones" or "gun
safe zones "; and
WHEREAS, the potential violation of the broad and vague preemption of firearm
regulation in Section 790.33 Florida Statutes, carries the risk of onerous and punitive
consequences, including but not limited to damages up to $100,000 and fines up to $5,000 (for
which the 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 (collectively, the "Onerous Preemption Penalties "); and
WHEREAS, as a result of the Onerous Preemption Penalties, the Village Council and its
members fear taking any steps that could even remotely be viewed as a violation of the
preemption, creating a chilling effect upon Village action and preventing the Village Council from
responding to the petitions and requests of the City's residents to do something to protect
against the dangers of firearms; and
WHEREAS, members of the Village Council may desire to consider various reasonable
measures related to firearms but have refrained from doing so because they could possibly be
viewed as falling under the preemption and be subjected to the Onerous Preemption Penalties;
and
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WHEREAS, the Onerous Preemption Penalties strike at the core of the American
system of democratic representation; they suppress the voice of the local electorate through
intimidation of local elected officials; and
5 WHEREAS, on February 28, 2018, the City of Weston passed Resolution 2018 -30,
6 authorizing and directing its Village Attorney to file a lawsuit seeking a declaration that the
7 provisions punishing elected officials set forth in Section 790.33, Florida Statutes, for violating
8 the preemption related to the regulation of firearms and ammunition are invalid ( "Lawsuit "), and
9 invited other local governments to join the Lawsuit;
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11 WHEREAS, on April 2, 2018 the City of Weston, joined by nine other municipalities and
12 various municipal officers thereof, filed their Complaint for Declaratory Relief in the Circuit Court
13 of the Second Judicial Circuit in and for Leon County, Florida.
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16 NOW, THEREFORE, BE IT RESOLVED by the Village Council of Miami Shores Village,
17 Florida as follows:
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20 Section 1. That Miami Shores Village supports and encourages the City of Weston and
21 others seeking to challenge the Onerous Preemption Penalties referenced in the Leon County
22 Circuit Court Action.
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24 Section 2. The Village Clerk is directed to distribute this Resolution to all local governments
25 in Miami -Dade County.
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27 Section 3. That this Resolution shall take effect immediately upon adoption.
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31 PASSED AND ADOPTED this 17T" day of April, 2018.
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PPROVEID AS TO FORM:
Riehard Sarafan
Village Attorney
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