TITLE
RESOLUTION REQUESTING THAT THE COUNTY ATTORNEY RESEARCH AND EVALUATE POTENTIAL LEGAL THEORIES AND CAUSES OF ACTION CONCERNING THE STATE OF FLORIDA�S PREEMPTION OF LOCAL GOVERNMENT REGULATION OF FIREARMS AND AMMUNITION; AND AUTHORIZING THE COUNTY ATTORNEY TO TAKE LEGAL ACTION SHOULD SUCH RESEARCH AND ANALYSIS PRESENT A VIABLE CLAIM [SEE ORIGINAL ITEMS UNDER FILE NOS. 180864, 181060]

BODY
WHEREAS, mass shootings have plagued the nation and the state for years, with the most recent one occurring at Marjory Stoneman Douglas High School in our neighboring county, Broward; and
WHEREAS, local government officials in Florida are prohibited from enacting sensible gun reform that could help prevent these mass shootings; and
WHEREAS, pursuant to section 790.33, Florida Statutes, the State of Florida occupies the whole field of regulation of firearms and ammunition, including the purchase, sale, transfer, taxation, manufacture, ownership, possession, storage, and transportation of firearms and ammunition; and
WHEREAS, section 790.33 provides that a knowing and willful violation of section 790.33, (1) authorizes a court to assess a civil fine of up to $5,000 against elected or appointed local government officials or an administrative agency head, (2) authorizes the Governor to terminate the employment of or remove from office any person acting in their official capacity, and (3) prohibits the use of public funds to defend or reimburse the preempted conduct; and
WHEREAS, section 790.33 provides that attorney�s fees and costs and damages up to $100,000 may also be assessed for violating section 790.33; and
WHEREAS, this Board has adopted a number of resolutions urging the Florida Legislature to lift the preemption in section 790.33, including Resolution Nos. R-100-12, R-56-13, R-79-16, R-721-16 and R-180-18; and
WHEREAS, other cities and counties in the state have passed similar measures and are now considering legal action to challenge the provisions of section 790.33; and
WHEREAS, on February 26, 2018, the City of Weston passed Resolution No. 2018-30 authorizing its City Attorney to file a lawsuit seeking a declaration that the provisions punishing elected officials for violating the preemption statute are invalid and invited other local governments to join the lawsuit; and
WHEREAS, on April 2, 2018, the Cities of Weston, Miramar, Pompano Beach, South Miami, Miami Gardens, Miami Beach, Coral Gables, Lauderhill, as well as the Town of Cutler Bay, the Village of Pinecrest and a number of elected officials filed suit against the Governor, Attorney General and other members of the state cabinet challenging the preemption statute (�Weston litigation�) ; and
WHEREAS, the complaint filed in the Weston litigation is narrowly pled to apply to municipalities and municipal officers; and
WHEREAS, although there are no pending lawsuits filed by counties similar to Miami-Dade County, on April 10, 2018, the Broward County Board of County Commissioners directed the Broward County Attorney to file a lawsuit challenging the constitutionality of �Florida Gun laws, including Section 790.33, Florida Statutes�; and
WHEREAS, this Board would like the County Attorney to research and analyze potential legal theories and claims and take legal action upon finding that a viable claim exists,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Requests that the County Attorney research and evaluate potential legal theories and causes of action concerning the State of Florida�s preemption of local government regulation of firearms and ammunition.
Section 2. Authorizes the County Attorney to challenge section 790.33, Florida Statutes, by (1) filing a lawsuit against the State of Florida or joining a lawsuit filed by Broward County or any similarly situated county, and/or (2) filing an amicus brief in support of a lawsuit filed by Broward County or any other similarly situated county should such research and analysis present a viable claim.