Deerfield-News.com-Deerfield Beach, Fl-The city of Deerfield Beach has a resolution prepared for next week’s commission meeting. Several Deerfield Beach residents have expressed their objections to paying a reported $25000 to attorneys for the Amicus brief.
The city would support the placing of
“PROHIBITS POSSESSION OF
DEFINED ASSAULT WEAPONS” on the ballot for all Florida voters to decide.
As we read the proposal it appears to us Deerfield Beach would pay three thousand dollars along with other cities to the attorneys for the filing of the Amicus brief. Below is the proposed resolution. Again many according to their posts on the internet are concerned about this proposed amendment running afoul of the second amendment and being “Unconstitutional”.
City of Deerfield Beach
Face Sheet
File Number: I.D. 2019-177
150 NE 2nd Ave
Deerfield Beach, FL
33441
954-480-4200
Agenda Date: 11/12/2019 Status: CITY COMMISSION
BUSINESS
In Control: City Commission
Title
Resolution 2019/ – A Resolution of the City Commission of the City of Deerfield Beach, Florida, authorizing and
directing the City Attorney on behalf of the City to engage Weiss Serota Helfman Cole & Bierman, P.L. to join in the
filing of a brief at the Florida Supreme Court supporting the placement on the ballot of the initiative petition
entitled “prohibits possession of defined assault weapons”; providing for severability and an effective date.
Recommended Action
Commission to vote on Resolution
Voting Requirement
Adoption requires a 3/5 vote of the City Commission
Background/History
Ban Assault Weapons NOW (the “Sponsor”) has proposed an amendment to the Constitution of
the State of Florida that would prohibit the possession of semiautomatic rifles and shotguns
capable of holding more than ten rounds of ammunition at once, either in a fixed or detachable
magazine, with certain exceptions (the “Proposed Constitutional Amendment”). The Sponsor has
met the registration, petition form submission, and signature criteria set forth in Section 15.21,
Florida Statutes.
On June 26, 2019, the Attorney General of the State of Florida requested an advisory opinion
from the Florida Supreme Court as to the validity of the initiative petition. The Attorney General
argued that the title and summary of the Proposed Constitutional Amendment should not be
submitted to Florida voters because the title and summary fail to inform voters of the chief
purpose of the proposed amendment and are affirmatively misleading.
The enclosed Resolution provides that the City Commission and its members respectfully
disagree with the Attorney General and believe that the title and summary do inform the voters of
the chief purpose of the Proposed Constitutional Amendment and are not misleading. The
Resolution also provides that the City Commission and its members support the placement of the
Proposed Constitutional Amendment on a ballot so that the citizens of Florida have the
opportunity to vote for or against the Proposed Constitutional Amendment, but do not take any
position as to whether the Proposed Constitutional Amendment should be adopted.
On July 29, 2019, the Florida Supreme Court opened Case No. SC19-1266 in response to the
Attorney General’s request for an advisory opinion. The City of Weston and other municipalities
in Broward County have authorized and directed Weiss Serota Helfman Cole & Bierman, P.L. (the
“Firm”), to file an amicus brief in Case No. SC19-1266, supporting the placement of the Proposed
Constitutional Amendment on a ballot. The participating municipalities have encouraged other
local governments to join in the filing of the brief. Each local government who joins in filing the
brief will pay their respective share of the $25,000 flat fee, provided that enough local
governments participate so that each municipality’s cost does not exceed $3,000. There are
currently twelve participating municipalities.
Recommendation
City Commission to consider approval.
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RESOLUTION NO. 2019/
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DEERFIELD BEACH, FLORIDA, AUTHORIZING AND DIRECTING
THE CITY ATTORNEY ON BEHALF OF THE CITY TO ENGAGE
WEISS SEROTA HELFMAN COLE & BIERMAN, P.L. TO JOIN IN
THE FILING OF A BRIEF AT THE FLORIDA SUPREME COURT
SUPPORTING THE PLACEMENT ON THE BALLOT OF THE
INITIATIVE PETITION ENTITLED “PROHIBITS POSSESSION OF
DEFINED ASSAULT WEAPONS”; PROVIDING FOR
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the sponsoring political committee, Ban Assault Weapons NOW (the
“Sponsor”), has proposed an amendment to the Constitution of the State of Florida that would
prohibit the possession of semiautomatic rifles and shotguns capable of holding more than ten
rounds of ammunition at once, either in a fixed or detachable magazine, with certain exceptions
(the “Proposed Constitutional Amendment”); and
WHEREAS, the Sponsor has met the registration, petition form submission, and
signature criteria set forth in Section 15.21, Florida Statutes; and
WHEREAS, on June 26, 2019, the Attorney General of the State of Florida requested
an advisory opinion from the Florida Supreme Court as to the validity of the initiative petition;
and
WHEREAS, the Attorney General argued that the title and summary of the Proposed
Constitutional Amendment should not be submitted to Florida voters because the title and
summary fail to inform voters of the chief purpose of the proposed amendment and are
affirmatively misleading; and
WHEREAS, the City Commission and its members respectfully disagree with the
Attorney General and believe that the title and summary do inform the voters of the chief
purpose of the Proposed Constitutional Amendment and are not misleading; and
WHEREAS, the City Commission and its members support the placement of the
Proposed Constitutional Amendment on a ballot so that the citizens of Florida have the
opportunity to vote for or against the Proposed Constitutional Amendment, but do not take any
position as to whether the Proposed Constitutional Amendment should be adopted; and
WHEREAS, on July 29, 2019, the Florida Supreme Court opened Case No. SC19-1266
in response to the Attorney General’s request for an advisory opinion; and
WHEREAS, the City of Weston and other municipalities in Broward County have
authorized and directed Weiss Serota Helfman Cole & Bierman, P.L. (the “Firm”), to file an
amicus brief in Case No. SC19-1266, supporting the placement of the Proposed Constitutional
Amendment on a ballot; and
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WHEREAS, the participating municipalities have encouraged other local governments
to join in the filing of the brief; and
WHEREAS, each local government who joins in filing the brief will pay their respective
share of the $25,000 flat fee, provided that enough local governments participate so that each
municipality’s cost does not exceed $3,000; and
WHEREAS, the City is an interested person to Case No. SC19-1266; and
WHEREAS, the City desires to engage the Firm to join in the amicus brief, supporting
the placement of the Proposed Constitutional Amendment on the ballot; and
WHEREAS, the City desires to invite other local governments to participate.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DEERFIELD BEACH, FLORIDA, AS FOLLOWS:
Section 1. The foregoing ‘WHEREAS’ paragraphs are hereby ratified and confirmed
as being true, and the same are hereby made a specific part of this Resolution.
Section 2. The City Commission hereby authorizes and directs the City Attorney, on
behalf of the City, to engage the services of the Firm to join in the filing of an amicus brief at the
Florida Supreme Court in Case No. SC19-1266, supporting the placement of the Proposed
Constitutional Amendment on the ballot.
Section 3. The City Manager, or designee, is authorized to execute any documents
pertaining to the amicus brief, subject to review and approval by the City Attorney, to effectuate
the intent of this Resolution.
Section 4. The City agrees to pay its respective share of the $25,000 cost of the amicus
brief filing, provided that enough local governments participate so that the City’s total cost does
not exceed $3,000.
Section 5. The City Commission invites and urges other local governments to join the
amicus brief and to coordinate their efforts with the City.
Section 6. The City Clerk is directed to distribute this Resolution to all local
governments in Broward County.
Section 7. That if any clause, section, other part or application of this Resolution is held
by any court of competent jurisdiction to be unconstitutional or invalid, in part or in application, it
shall not affect the validity of the remaining portion or applications of this Resolution.
Section 8. This Resolution shall take effect immediately upon adoption.
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PASSED AND ADOPTED THIS ____ DAY OF __________________, 2019.
CITY OF DEERFIELD BEACH
__________________________
BILL GANZ, MAYOR
