File #: 18-262    Version: 1 Name:
Type: Resolution / Regular Agenda Status: Passed
File created: 3/7/2018 In control: City Commission
On agenda: 3/13/2018 Final action: 3/13/2018
Title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF POMPANO BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE FILING OF 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; PROVIDING FOR AN EFFECTIVE DATE. (Fiscal Impact: Maximum of $10,000.00)
Attachments: 1. Originating e-mail request, 2. Resolution

title

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF POMPANO BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE FILING OF 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; PROVIDING FOR AN EFFECTIVE DATE.

(Fiscal Impact: Maximum of $10,000.00)

 

staffcontact

(Staff Contact: Mark E. Berman)

 

summary

Summary Explanation/Background:

Due to the unprecedented number of mass shootings in American communities in the last few years, and based on current Florida law, which has a chilling effect on elected officials from discussing or enacting local legislation to protect their residents from gun violence, the opportunity to engage in litigation to attack the penalty provisions contained in Section 790.33, Florida Statutes, a lawsuit will be initiated to challenge the constitutionality of the law by the City of Weston who invites other Broward municipalities to participate in same.

 

Origin of request for this action: Gregory P. Harrison, City Manager

Fiscal impact and source of funding: Maximum of $10,000.00

 

pagebreak1

 

 

 

 

 

 

 

strategicplan_emblem_field

                                                   

 

pagebr

 

 

 

 

 

 

strategicplan_description_field