Broward County Commission Regular Meeting


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AI-26597 49.       
Meeting Date: 04/10/2018  
Director's Name: Beam Furr
Department: County Commission  

Information
Requested Action
A. MOTION TO ADOPT Resolution No. 2018-103, the title of which is as follows:
 
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, EXPRESSING THE DESIRE AND INTENTION, BUT FOR THE PRECLUSION AND PENALTIES SET FORTH IN THE STATE GUN LAWS, TO ADOPT RESOLUTIONS AND ENACT ORDINANCES TO RESTRICT AND REGULATE FIREARMS AND AMMUNITION IN BROWARD COUNTY; AUTHORIZING THE FILING OF LITIGATION CHALLENGING THE CONSTITUTIONALITY OF THE FLORIDA GUN LAWS AND SEEKING A JUDICIAL DECLARATION AS TO THE SCOPE OF REGULATION AND OTHER ACTION THAT MAY PERMISSIBLY BE TAKEN BY BROWARD COUNTY; AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE.

(Per the Tuesday Morning Memorandum, Commissioners Holness and Rich requested being added as co-sponsors to this item.)

(Commissioner Geller pulled this item.)

ACTION:  (T-2:20 PM)  Following Board discussion, on motion of Commissioner Geller, seconded by Commissioner Udine and unanimously carried, the Board approved the amendments presented in the Yellow-Sheeted Additional Material #49(2), dated Tuesday, April 10, 2018, submitted at the request of Commissioner Geller.  (Refer to minutes for full discussion.)
  
VOTE: 9-0.

ACTION:  (T-2:56 PM)  Approved, as amended, with the Yellow-Sheeted Additional Material (#49(2)), dated Tuesday, April 10, 2018, submitted at the request of Commissioner Geller. (Refer to minutes for full discussion.)  (See Yellow-Sheeted Additional Material (#49), dated Tuesday, April 10, 2018, submitted at the request of Commissioner Geller.)

VOTE: 8-1.  Commissioner LaMarca voted no.
 
B. MOTION TO DIRECT Office of the County Attorney to file a lawsuit on behalf of the County, as well as on behalf of any individual Commissioners who elect to participate in their official capacity, against the State of Florida and appropriate Florida officials regarding the Florida gun laws, including Section 790.33, Florida Statutes, challenging the constitutionality of the provisions of the Florida gun laws that penalize local governments and local government officials for enacting Ordinances regarding firearms or ammunition, and seeking a declaratory judgment as to the permissibility of certain actions that the Board of County Commissioners desires to pursue and would enact but for the penalty provisions of Section 790.33, Florida Statutes, as specified in the Board’s Resolution. (Mayor Furr)

(Per the Tuesday Morning Memorandum, Commissioners Holness and Rich requested being added as co-sponsors to this item.)

(Commissioner Geller pulled this item.)

ACTION:  (T-2:20 PM)  Following Board discussion, on motion of Commissioner Geller, seconded by Commissioner Udine and unanimously carried, the Board approved the amendments presented in the Yellow-Sheeted Additional Material #49(2), dated Tuesday, April 10, 2018, submitted at the request of Commissioner Geller.  (Refer to minutes for full discussion.) 
 
VOTE: 9-0.

ACTION:  (T-2:56 PM)  Approved, as amended, with the Yellow-Sheeted Additional Material (#49(2)), dated Tuesday, April 10, 2018, submitted at the request of Commissioner Geller. (Refer to minutes for full discussion.)  (See Yellow-Sheeted Additional Material (#49), dated Tuesday, April 10, 2018, submitted at the request of Commissioner Geller.)

VOTE: 8-1.  Commissioner LaMarca voted no.
Why Action is Necessary
In accordance with Section 1-51.3, Broward County Code of Ordinances, Board authority is required to file the litigation. The proposed Resolution establishes facts required for the litigation.
What Action Accomplishes
Adopts a required resolution, and directs the Office of the County Attorney to prepare and file litigation regarding the Florida gun laws.
Is this Action Goal Related
Previous Action Taken
Summary Explanation/Background
This agenda item directs the Office of the County Attorney to prepare and file a lawsuit against the State of Florida and appropriate officials of the State of Florida regarding the Florida gun laws, including Section 790.33, Florida Statutes. 

The proposed action will ask the court to declare unconstitutional the provisions of the Florida gun laws that penalize local governments or local government officials for enacting local Ordinances regarding firearms and ammunition.  

The action will also seek a declaratory judgment as to the permissibility of certain actions that the Board of County Commissioners desires to pursue and would enact but for the penalty provisions of Section 790.33, including, without limitation, actions as a proprietor of County-owned or County-operated facilities, requiring the completion of a criminal history records check before firearms purchases, regulating accessories to firearms such as large capacity magazines, enacting generally applicable zoning Ordinances that impact firearms and ammunition, precluding firearms at all times in certain excepted areas such as polling places and school administration buildings, and any other action that the County Attorney determines permissible. Those actions are addressed in the proposed Resolution.
Source of Additional Information

Fiscal Impact
Fiscal Impact/Cost Summary:
Not applicable.
Attachments
Exhibit 1 - Copy of Proposed Resolution
Exhibit 2 - Copy of Memorandum from Office of the County Attorney dated March 19, 2018
Additional Material - Information
Additional Material - Information


    

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