Item Coversheet

CITY OF RIVIERA BEACH CITY COUNCIL
AGENDA ITEM SUMMARY

Meeting Date: 10/3/2018 
Agenda Category:RESOLUTION

Subject: RESOLUTION AUTHORIZING THE CITY OF RIVIERA BEACH, FLORIDA TO JOIN A LAWSUIT SEEKING A DECLARATION TO INVALIDATE THE PROVISIONS PUNISHING ELECTED OFFICIALS AS SET FORTH IN SECTION 790.33, FLORIDA STATUTES FOR VIOLATING THE PREEMPTION RELATED TO THE REGULATION OF FIREARMS AND AMMUNITION.

Recommendation/Motion: APPROVE THE RESOLUTION AUTHORIZING THE CITY TO JOIN OTHER MUNICIPALITIES AS PLAINTIFFS IN THE LAWSUIT.

Originating Dept D4: Legislative  Costs A maximum of $10,000; the fee is determined based on the number of municpalities who join the lawsuit.  
User Dept.D4: Legislative Funding Source
AdvertisedNo Budget Account Number
Date   
Paper   
Affected PartiesNot Required   

Background/Summary: 

Unfortunately, over the past several years, this nation has experienced catastrophes resulting from mass shootings; and most recently, here in South Florida, at Marjory Stoneman Douglas High School.  Consequently, at this time, the City of Weston has taken the lead and passed Resolution 2018-30, authorizing and directing its City Attorney (Weiss Serota Helfman Cole & Bierman) to file a lawsuit seeking a declaration that the provisions within Section 790.33, Florida Statutes, which punish electing officials for violating the preemption relating to the regulation of firearms and ammunition, as well as related provisions, are invalid; and Weston has invited other local governments to join the lawsuit. 

 

With consideration to the well-being and safety of our residents, businesses and visitors in particular and our neighborhoods and economic security and prosperity in general, the City would be remiss to not participate in the lawsuit as plaintiffs  to restore the ability for its elected officials to perform their duties. 

 

Thereby, the City seeks to join the other participating municipalities to invalidate the Onerous Preemption Penalties associated with controlling and suppressing the voice of local electorate through penalties up to removal from office. 

 

 

 
Fiscal Years
Capital Expenditures
Operating Costs
External Revenues
Program Income (city)
In-kind Match (city) 
Net Fiscal Impact
NO. Additional FTE Positions
(cumulative)

III. Review Comments

A. Finance Department Comments:
 
B. Purchasing/Intergovernmental Relations/Grants Comments:
 
C. Department Director Review:
Contract Start Date 
Contract End DateUpon completion of services.
Renewal Start Date
Renewal End Date
Number of 12 month terms this renewal
Dollar Amount$10,000 (-)
Contractor Company NameWeiss Serota Helfman Cole & Bierman
Contractor Contact
Contractor Address200 E Broward Boulevard, #1900, Fort Lauderdale, Florida 33301
Contractor Phone Number(954) 763-4242
Contractor Email
Type of ContractProfessional services
Describe
ATTACHMENTS:
File NameDescriptionUpload DateType
Resolution_Authorizing_Lawsuit_And_Retaining_WSH_for_Onerous_Preemption.docxResolution Authorizing The City tTo Join the Lawsuit9/18/2018Cover Memo
REVIEWERS:
DepartmentReviewerActionDate
City ManagerAnswererApproved9/26/2018 - 4:05 PM
PurchasingAnswererApproved9/26/2018 - 4:22 PM
Financesherman, randyApproved9/26/2018 - 4:33 PM
AttorneyAnswererApproved9/26/2018 - 5:07 PM
City ClerkRobinson, ClaudeneApproved9/26/2018 - 6:05 PM
City ManagerAnswererApproved9/26/2018 - 7:15 PM