03-15-2018 Commission Meeting Agenda City Manager
City Commission Susan L.Grant
Enid Weisman,Mayor ���
Robert Shelley,Vice Mayor �:!_ =�:;\ City Clerk
Denise Landman,Commissioner Elllisa L.Horvath,MMC
Dr.Linda Marks,Commissioner i
Gladys Mezrahi,Commissioner City Attorney
Marc Narotsky Commissioner G_ Weiss Scrota Hellfman
Howard Weinberg,Commissioner e�✓ G ,.nQ,� Cole&Bierman
CITY COMMISSION MEETING AGENDA
MARCH 15, 2018
9:00 a.m.
COMMISSION CHAMBER
Aventura Government Center
19200 West Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER\ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. RESOLUTION/PUBLIC HEARING:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING AND DIRECTING 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 THE
PREEMPTION RELATED TO THE REGULATION OF FIREARMS AND
AMMUNITION ARE INVALID, AND INVITING OTHER LOCAL
GOVERNMENTS TO JOIN THE LAWSUIT; AND PROVIDING FOR AN
EFFECTIVE DATE.
4. STAFF RECOMMENDATIONS ON SCHOOL SAFETY
5. ADJOURNMENT
This meeting is open to the public.In accordance with the Americans with Disabilities Act of 1990,all persons who are
disabled and who need special accommodations to participate in this meeting because of that disability should contact
the Office of the City Clerk,305-466-8901,not later than two days prior to such proceeding. One or more members of
the City of Aventura Advisory Boards may be in attendance and may participate at the meeting. Anyone wishing to
appeal any decision made by the Aventura City Commission with respect to any matter considered at such meeting or
hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the
proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. Agenda
items may be viewed at the Office of the City Clerk, City of Aventura Government Center, 19200 W. Country Club
Drive,Aventura,Florida,33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at
305-466-8901.
RESOLUTION NO. 2018-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING AND DIRECTING 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 THE
PREEMPTION RELATED TO THE REGULATION OF FIREARMS AND
AMMUNITION ARE INVALID, AND INVITING OTHER LOCAL
GOVERNMENTS TO JOIN THE LAWSUIT; AND PROVIDING FOR AN
EFFECTIVE DATE.
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, National and State leaders continue to fail to act to implement
sensible gun law reforms that are supported by a majority of the nation; 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 city 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 or policy promulgated," is extremely
broad and vague, and could apply to a panoply of measures that the City would like to
consider enacting, including the restricting of guns in City facilities and parks, the placing
of signs relating to guns in City facilities and parks, the regulation of gun accessories
City of Aventura Resolution No. 2018-_
(such as holsters 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 City Commission
and its members fear taking any steps that could even remotely be viewed as a violation
of the preemption, creating a chilling effect upon City action and preventing the City
Commission from responding to the petitions and requests of the City's residents to do
something to protect against the dangers of firearms; and
WHEREAS, the City Commission and its members desire to consider various
reasonable measures related to firearms, including the restriction of guns in City facilities
and parks, the placing of signs related to guns in City facilities and parks, the regulation
of gun accessories (such as holsters or bump stocks), the creation of"gun free zones" or
"gun safe zones," or other measures related to guns, 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
Page 2 of 6
City of Aventura Resolution No. 2018-
WHEREAS, the Onerous Preemption Penalties strike at the core of the American
system of democratic representation: they suppress, in an insidious, Orwellian fashion,
the voice of the local electorate through intimidation of local elected officials; and
WHEREAS, the Onerous Preemption Penalties infringe on the free speech rights
of the City Commission and its members, and interfere with their ability to perform their
official duties; and
WHEREAS, the Onerous Preemption Penalties infringe upon the legislative
immunity the members of the City Commission enjoy under law when casting votes in
their official capacities; and
WHEREAS, the portion of the Onerous Preemption Penalties related to the
removal from office by the Governor conflicts with Article IV, Section 7 of the Florida
Constitution, by allowing the Governor to remove a municipal official who has not been
indicted for any crime, and violates due process; and
WHEREAS, on February 26, 2018, the City of Weston passed Resolution 2018-
30, authorizing and directing 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 the preemption related to the regulation of firearms and ammunition are invalid
("Lawsuit"), and invited other local governments to join the Lawsuit; and
WHEREAS, the City desires to join the Lawsuit and invite other local governments
to join also; and
WHEREAS, the City Commission believes it is in the best interest of the citizens
and residents of the City of Aventura to file a lawsuit seeking a declaration that the
Page 3 of 6
City of Aventura Resolution No. 2018-_
Onerous Preemption Penalties are invalid and urging other local governments to join the
lawsuit as plaintiffs with the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA AS FOLLOWS:
Section 1: That the foregoing "WHEREAS" clauses are ratified and confirmed
as being true and correct and are made a specific part of this Resolution.
Section 2: The City Commission hereby authorizes and directs the City Attorney
to file or join a lawsuit naming the City and any individual Members of the Commission (in
their official capacity) who choose to participate, as plaintiffs, seeking declaratory and
other appropriate relief to challenge the Onerous Preemption Penalties contained in
Section 790.33, Florida Statutes, based upon any appropriate legal theories, including
those set forth above.
Section 3: The City Attorney will charge the City a flat fee of $10,000 to
represent the City and the individual Members of the Commission (in their official
capacity) who choose to participate as plaintiffs, for the litigation and all appeals. If more
than 15 cities choose to have the City Attorney's law firm represent them, the flat fee will
be reduced by 1% for each city over 15 up to a maximum reduction of 25% (which would
lower the fee to $7,500 if 40 or more cities have the City Attorney's law firm represent
them), and refund any amounts paid in excess of the flat fee. The City also acknowledges
that the Firm will be representing other local governments and officials in this lawsuit and
waives any conflicts related to such representation.
Page 4 of 6
City of Avenmra Resolution No. MI%-_
Section 4: The City Commission invites and urges other local governments and
elected officials to join the City as plaintiffs in the lawsuit and to coordinate their efforts
with the City.
Section 5: The City Clerk is directed to distribute this Resolution to all local
governments in Miami-Dade County, Florida.
Section 6: That the appropriate City Officials are hereby authorized to do all
things necessary and expedient to carry out the aims of this Resolution.
Section 7: That this Resolution shall take effect immediately upon adoption.
The foregoing Resolution was offered by Commissioner , who moved its
adoption. The motion was seconded by Commissioner , and upon being put to
a vote, the vote was as follows:
Commissioner Denise Landman
Commissioner Dr. Linda Marks
Commissioner Gladys Mezrahi
Commissioner Marc Narotsky
Commissioner Howard Weinberg
Vice Mayor Robert Shelley
Mayor Enid Weisman
PASSED AND ADOPTED this 15th day of March, 2018.
Page5 of6
City of Aventura Resolution No.2018-_
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION
as to form and legal sufficiency for the
reliance of the City only:
DAVID M. WOLPIN, CITY ATTORNEY
Page 6 of6
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