HomeMy WebLinkAboutItem #06c Resolution to Rescind and Repeal Conflicting Policies, Procedures, Rules and Regulations Abe center of Good Z
AGENDA ITEM COVER SHEET
Meeting Date: September 20, 2011
Item # (p C
Reviewed By:
Contact Name: S. Goclon Department Director: Charles J. Brow b
Contact Number: X3021 City Manager: Robert Fra
Subject: Resolution to rescind and repeal conflicting policies, procedures, rules, and
regulations (regarding firearms).
Background Summary:
Section 790.33(1), Florida Statutes, pre -empts the field of regulation of firearms and ammunition to the
exclusion of all existing and future municipal policies, procedures, rules, and regulations. Recent changes to
Chapter 790, Florida Statutes, imposes penalties on any elected or appointed officials who enact or enforce
existing and future municipal policies, procedures, rules, and regulations in violation thereof. The City
Commission of the City of Ocoee desires to assure that the City is in full and complete compliance with Chapter
790, Florida Statutes, as amended by Chapter 2011 -109, Laws of Florida.
In order to be in compliance with Section 790.33(1), a resolution is proposed that rescinds and repeals all
policies, procedures, rules, and regulations of the City of Ocoee relating to the regulation of firearms and
ammunition which are in conflict with Chapter 790, Florida Statutes, as amended by Chapter 2011 -109, Laws of
Florida; provided, however, that the foregoing shall only relate to the portions of any policy, procedure, rule, or
regulation that purports to regulate the field of firearms and ammunition in conflict with Chapter 790, Florida
Statutes, as amended by Chapter 2011 -109, Laws of Florida. Foley and Lardner composed this resolution.
Issue:
Should the Honorable Mayor and Board of City Commissioners approve a resolution that rescinds and repeals
all policies, procedures, rules, and regulations of the City of Ocoee relating to the regulation of firearms and
ammunition which are in conflict with Chapter 790, Florida Statutes, as amended by Chapter 2011 -109, Laws of
Florida?
Recommendations:
It is recommended that the Honorable Mayor and Board of City Commissioners approve a resolution that
rescinds and repeals all policies, procedures, rules, and regulations of the City of Ocoee relating to the
regulation of firearms and ammunition which are in conflict with Chapter 790, Florida Statutes, as amended by
Chapter 2011 -109, Laws of Florida.
Attachments:
Resolution
Financial Impact:
None, if proposed resolution is approved. Significant financial penalties are attached for failing to comply with
the statute.
Type of Item: (please mark with an "x ")
Public Hearing For Cleric's Dept Use:
Ordinance First Reading Consent Agenda
Ordinance Second Reading Public Hearing
x Resolution Regular Agenda
Commission Approval
Discussion & Direction
x Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney Paul Rosenthal 8 -23 -2011 N/A
Reviewed by Finance Dept. r N/A
Reviewed by 0 N/A
2
RESOLUTION NO. 2011-
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA,
REPEALING ALL POLICIES, PROCEDURES, RULES AND
REGULATIONS OF THE CITY OF OCOEE RELATING TO
THE REGULATION OF FIREARMS AND AMMUNITION
WHICH ARE IN CONFLICT WITH CHAPTER 790,
FLORIDA STATUTES, AS AMENDED BY CHAPTER 2011-
109, LAWS OF FLORIDA; PROVIDING FOR
SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the State of Florida regulates weapons and firearms pursuant to the
provisions of Chapter 790, Florida Statutes; and
WHEREAS, the provisions of Section 790.33(1), Florida Statutes, pre -empts the
field of regulation of firearms and ammunition to the exclusion of all existing and future
municipal policies, procedures, rules and regulations; and
WHEREAS, Chapter 2011 -109, Laws of Florida, amended Chapter 790, Florida
Statutes, as it relates to existing and future municipal policies, procedures, rules and regulations
and imposed penalties on any elected or appointed officials who enact or enforce existing and
future municipal policies, procedures, rules and regulations in violation thereof; and
WHEREAS, the City Commission of the City of Ocoee desires to assure that the
City is in full and complete compliance with Chapter 790, Florida Statutes, as amended by
Chapter 2011 -109, Laws of Florida.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS:
ORLA_1777272.1
SECTION 1. Authority. The City Commission of the City of Ocoee has
the authority to adopt this Resolution pursuant to Article VIII of the Constitution of the State of
Florida and Chapter 166, Florida Statutes.
SECTION 2. The City Commission of the City of Ocoee hereby rescinds
and repeals all policies, procedures, rules and regulations of the City of Ocoee relating to the
regulation of firearms and ammunition which are in conflict with Chapter 790, Florida Statutes,
as amended by Chapter 2011 -109, Laws of Florida; provided, however, that the foregoing shall
only relate to the portions of any such policy, procedure, rule or regulation that purports to
regulate the field of firearms and ammunition in conflict with Chapter 790, Florida Statutes, as
amended by Chapter 2011 -109, Laws of Florida.
SECTION 3. Severability. If any section, subsection, sentence, clause,
phrase or portion of this Resolution is for any reason held invalid or unconstitutional by any court
of competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion hereto.
SECTION 4. Effective Date. This Resolution shall become effective
immediately upon passage and adoption.
PASSED AND ADOPTED this day of September, 2011.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
ORLA_1777272.1 -2-
APPROVED BY THE OCOEE CITY
COMMISSION ON THE ABOVE DATE
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND LEGALITY
this day of , 2011.
FOLEY & LARDNER LLP
By:
City Attorney
ORLA_1777272.1 -3-