HomeMy WebLinkAboutR-2013-015 Urges the Repeal of Section of Florida Statutes that Prevent Local Government from Exercising Home Rule Authority to Prohibit Firearms in Public Parks and Other Government Owned Facilities RESOLUTION NO. 2013-015
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, URGING THE FLORIDA LEGISLATURE TO REPEAL
CERTAIN SECTIONS OF FLORIDA STATUTES THAT PREVENT LOCAL
GOVERNMENTS FROM EXERCISING THEIR HOME RULE AUTHORITY TO
REGULATE, PROHIBIT OR BOTH, AS TO FIREARMS IN PUBLIC PARKS
AND OTHER LOCAL GOVERNMENT OWNED FACILITIES AND PROPERTY;
PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, pursuant to Article VIII, Section 2 of the Florida Constitution and Section
166.021 Florida Statutes municipalitiesv n have been granted broad home rule powers to enable them
to conduct municipal government,perform municipal functions and render municipal services,and
exercise any power for municipal purposes, except as otherwise provided by law; and
WHEREAS,in order to protect the health,safety and welfare of its residents and visitors,the
City has exercised its home rule authority; and
WHEREAS, Section 790.33, Florida Statutes,preempts local governments from enacting
ordinances, regulations or rules relating to firearms; and
WHEREAS,in 2011 the Florida Legislature amended Section 790.33,Florida Statutes,to
clarify the preemption and impose the following penalties for violating the Legislature's preemption:
(a) a court must declare any such ordinance, regulation or rule invalid and issue a permanent
injunction against the local government; (b) the court must assess a civil fine of up to $5,000.00
against local government officials or administrators for knowing and willful violations;(c)knowing
and willful violations by a person acting in an official capacity for any entity that violates the
preemption shall be cause for termination of employment or contract or removal from office by the
Governor;and(d)a person or organization whose membership is adversely affected by a preemption
violation may file suit against a local government and may be entitled to reasonable attorney's fees
and costs and the actual damages incurred in an amount up to $10,000.00; and
WHEREAS,the City does not currently prohibit people from bringing firearms into public
parks and other City owned facilities and property; and
WHEREAS,this country recently suffered another mass shooting, this time in Newtown,
Connecticut, where an overwhelming number of innocent young children were shot and killed in
their elementary school;and
WHEREAS, tragic mass shootings such as those in Newtown, Connecticut, Aurora,
Colorado, Oak Creek,Wisconsin and Tucson,Arizona,raise awareness to risks that may affect the
safe use and enjoyment of public parks and other local government owned facilities and property,
many of which attract large groups of young children and the public; and
WHEREAS, in light of the recent mass shootings, and the current preemption of local
government authority to regulate, prohibit or both, as to firearms in public parks and other local
government owned facilities and property,the City Commission finds that it is in the best interest of
the City to adopt this Resolution;
NOW,THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH,FLORIDA:
Section 1. That the foregoing recitals are incorporated by reference.
Section 2. That the City Commission urges the Florida Legislature to repeal Section
790.33,Florida Statutes,only to the extent necessary to permit local governments to exercise their
home rule authority to regulate, prohibit or both, as to firearms in public parks and other local
government owned facilities and property.
Section 3. That this Resolution is not intended to support any legislative action other than
permitting local governments to regulate,prohibit or both,as to firearms in public parks and other
local government owned facilities and property within their respective jurisdictions.
Section 4. That the City Clerk is directed to distribute a copy of this Resolution to the
Broward County Legislative Delegation,the Board of County Commissioners for Broward County,
the Florida League of Cities,the Broward County League of Cities,and each of the municipalities in
Broward County.
Section 5. That all resolutions or parts of resolutions in conflict with this Resolution are
repealed to the extent of such conflict.
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Section 6. That this Resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED on February 12, 2013.
ATTEST:
LOUISE STILSON, CMC WAL ER B. DUKE, III
CITY CLERK MA OR
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APPROVED AS TO F CORRECTNESS:
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THOM4S J. B O
CITY ATTOBXEY MR
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