Res. No. 064-99-10688RESOLUTION NO.64-99-10688
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI,FLORIDA,RELATING TO CONTROLLING
HANDGUNS;EXPRESSING SUPPORT FOR LITIGATION BY MIAMI-
DADE COUNTY AGAINST MANUFACTURERS OF FIREARMS
THAT PRODUCE DEFECTIVELY DESIGNED PRODUCTS THAT DO
NOT INCORPORATE SAFETY FEATURES TO PREVENT
UNAUTHORIZED USERS FROM FIRING A WEAPON;URGING THE
FLORIDA LEGISLATURE TO REJECT PROPOSED LEGISLATION
TO MAKE IT A THIRD-DEGREE FELONY FOR LOCAL
GOVERNMENT OFFICIALS TO INITIATE A CIVIL ACTION
AGAINST MANUFACTURERS AND DEALERS OF FIREARMS AND
AMMUNITION AND TO SUPPORT THE RIGHT OF LOCAL
GOVERNMENTS EVERYWHERE TO BRING LEGAL ACTION
AGAINST MANUFACTURERS AND RETAILERS OF DEFECTIVE
FIREARMS ON BEHALF OF THE HEALTH,SAFETY AND
WELFARE OF THE PUBLIC;PROVIDING AN EFFECTIVE DATE.
WHEREAS,on January 27,1999,MayorAlex Penelas announced that Miami-
DadeCountyfileda lawsuit on behalf of theresidents of Miami-DadeCounty,suing27
gunmakers(1)tocompelthemtodesignsafer,childproof guns;and(2)to recover the
damagesfromgunviolence,suchasthecost of treatingvictimsatpublichospitalsand
theexpenses of conductinglengthycriminalinvestigations [App.l.];and,
WHEREAS,S.B.1586 and H.B.s 865 and 937 were filed in the Florida
Legislatureto protect gunmanufacturersanddealersby(1)makingitathird-degree
felonyforanofficer of acounty,municipality,town,specialpurpose district,oranyother
politicalsubdivision of thestatetobringsuitagainstfirearmandammunition
manufacturers anddealers;and(2)limitingthe power of local government toactin
parenspatriae toprotectthe health,safety,andwelfare of thepublicbybringinglegal
actions against firearm and ammunition manufacturesanddealers;and,
WHEREAS,theMayorandCityCommissionbelieveitisinthegreatpublic
interesttosupportthe county's lawsuitagainstthefirearmmanufacturers,astheintent of
thelawsuitisto protect the health,safetyandwelfare of the residents of Miami-Dade
County.
Additions shown by underlininganddeletions shown by overstriking.
1
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA;
Section 1.Support thelawsuitfiledby Miami-Dade County against
fireami manufacturers forfailingtodesignsafer,childproof gunswhichhas
financially burdened Miami-Dade Countyresidentsduetothe investigation of
incidents involving firearm useand medical treatment of firearm victims;
Section 2.Voices its opposition to proposed legislation before the
Florida Legislature thatwould,if passed,restrictalocal government's attempts to
protect the health,safety and welfare of its residents by prohibiting themfrom
filing suit against firearm and ammunition manufacturers and retailers;
Section 3.This resolution shalltake effect immediately upon approval
andshallbe delivered tothe Clerk forthe Miami-Dade County Commission,to
the President of theSenateandtothe Speaker of the House of the Florida
Legislature.
PASSED AND ADOPTED this 16th day of March,1999.
ATTEST:
READ AND APPROVED AS TO FORM:
/£=*
CITY ATTORNEY
\DELL6100 Data\EGallop Csmord-rcs Penelas Gunlitigationsupportres.doc
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Robaina:
Vice Mayor Oliveros:
Commissioner Feliu:
Commissioner Bethel:
Commissioner Russell
Additions shown by underlining and deletions shown by ovcrctriking.
5-0
Yea
Yea
Yea
Yea
Yea
'St.-;'^.
£
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CITY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
TO:Mayor and City Commission
FROM:Charles D.Scurr
City Manager
c^
DATE:3/12/99
AGENDA ITEM #
Comm.Mtg.3/16/99
Controlling Handguns
iz
The attached resolution sponsored by Commissioner Horace G.Feliu
expresses support for litigation by Miami-Dade Couniy against manufacturers of
firearms that produce defectively designed products that donotincorporate
safety features to prevent unauthorized users fromfiringa weapon.
OnJanuary27,1999,Mayor AlexPenelas announced that Miami-Dade County
filedalawsuiton behalf of the residents of Miami-Dade,suing27gun makers (1)
to compel them to design safer,childproof guns;and(2)to recover the
damages fromgunviolence,such as the cost of treating victims atpublic
hospitals and the expenses of conducting lengthy criminal investigations.
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Office of the Mayor
Miami-Dade County,Florida
Alex Feneias
Mayor
FOR IMMEDIATE RELEASE MEDIA CONTACT:
January 27th,1999 Juan Mendieta
(305)375-1545
MAYOR ALEX PENELAS FILES LAWSUIT
AGAINST GUN INDUSTRY
Center to Prevent Handgun Violence to serve as Co-Counsel
(Miami,Florida)-MayorAlex Penelas filedalawsuit against thegunindustryon
Wednesday,January 27th,1999 atthe Miami-Dade County Courthouse.This legal action is aimed
at compelling gunmanufacturers to'design safer,childproof guns.Thelawsuitisalsobeing filed to
attempt to recover the damages fromgunviolence,such as the cost oftreatingvictimsatthe
County'spublichospitalandthe expenses ofconductinglengthy criminal investigations.Miami-
Dade's lawsuit isthesecond lawsuit brought bya local government againstthegun industry
alleging negligent product design.
TheBoardofCountyCommissioners overwhelmingly authorizedMayor Penelas to file this
lawsuit onbehalfof Miami-Dade CountyonThursday,January 21st,1999,byavoteof12 -1.
"Every gundeathor injury inour community isnot only tragic,butalsocomes with a bill
paid largely by local taxpayers,"said Mayor Penelas."Ifstimetosendthe bill tothegun industry
that clearly favors profits over public safely.And it'salsotimetomakegunmanufacturersdesign
safer gunssothatkidsdon'tcontinuegetting hurt."
In thelast three years alone,Miami-Dade has experienced 1,079gun deaths,inwhich 109
ofthe victims were 19 years of age andunder.TheFlorida Department ofHealth estimates thatthe
costsofmedical,legal,administrativeand lifetime productivity losses fromthe deaths ofpeople
under the age of25,alone,exceed $129 million.This estimate does notincludethe cost ofgun
injuries and accidents that do not result in death.
"Itis absurd that guns are notrequiredtobechildproofedor have something as simple as a
loadindicatoror safety lockbuiltintotheir design,"saidMayor Penelas."It'sclearthatlegalaction
istheonlywayto change the gun industry's irresponsible behavior"
CountyAttorneys,family andfriendsofgunviolencevictims,andgun safety advocates
joinedMayor Penelas as he filed the lawsuit in room 137 of the County Courthouse.He also
displayed several guns lacking child safety features that were confiscated fromchildrenin Miami-
Dade County.
"Gun manufacturers boast proudlyhow technology has made their products even deadlier.
Yet,they have been unwilling to make even minor changes to protect the innocent,"saidMayor
Penelas."Asaresult,their products continue to end the lives,hopes and dreams of too many
young people."
"Whyshould the innocent citizensofMiami-DadeCountyorany other community,bear the
costs ofgun violence while the gunindustry pays nothing?"said DennisHenigan,theDirectorof
theLegal Action Projectfromthe Center to Prevent HandgunViolence."Mayor Penelas,today,has
filed a lawsuit to save lives."
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