Res No 114-19-15386RESOLUTION NO. 114-19-15386
A Resolution of the Mayor and City Commission of the City of South Miami,
Florida, authorizing and directing the City Attorney 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" and to retain the firm of Weiss Serota Helfman Cole & Bierman.
WHEREAS, the sponsoring political committee Ban Assault Weapons NOW 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 fixed or detachable magazine, with certain exceptions ("Proposed
Constitutional Amendment"); and
WHEREAS, the sponsoring political committee Ban Assault Weapons NOW 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 requested the opportunity to present argument in
opposition to placement of the Proposed Constitutional Amendment on a ballot; and
WHEREAS, the Attorney General argued that the title and summary of the Proposed
Constitutional Amendment should not be submitted to Florida voters claiming that 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. SC 19-1266
in response to the Attorney General's request for advisory opinion; and
WHEREAS, the City of Weston has authorized and directed its City Attorney, Weiss
Serota Helfinan Cole & Bierman (the "Firm"), to file in Case No. SC 19-1266 a brief supporting
the placement of the Proposed Constitutional Amendment on a ballot; and
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WHEREAS, the City of Weston is encouraging other local governments to join in the
filing of the brief; and
WHEREAS, the City of Weston has retained the Firm for a flat fee of $25,000 to draft
and file 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
local government's cost does not exceed $3,000; and
WHEREAS, the City is an interested person to Case No. SC 19-1266; and
WHEREAS, the City desires to join in the brief supporting the placement of the
Proposed Constitutional Amendment on the ballot and to invite other local governments to
participate.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSIONERS OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The foregoing recitals are hereby ratified and incorporated by reference as if
fully set forth herein and as the intent of this Resolution.
Section 2. Conforming language or technical scrivener -type corrections may be made by
the City Attorney for any conforming amendments to be incorporated into the final product for
signature.
Section 3. The City Commission hereby authorizes and directs the City Attorney to join
in the filing of a brief at the Florida Supreme Court in Case No. SC19-1266 supporting the
placement of the Proposed Constitutional Amendment on the ballot and to retain Weiss Serota
Helfman Cole & Bierman ("the Firm") to represent the City in this litigation. The City agrees to
pay its respective share of the $25,000, provided that enough local governments participate so
that the City's total cost does not exceed $3,000. The City also acknowledges that the Firm will
be representing other local governments in this lawsuit and waives any conflicts related to such
representation. In addition, the City agrees that its joinder in the group of local governments
filing the brief shall not, in and of itself, create a conflict of interest for the Firm.
Section 4. The City Commission invites and urges other local to join the brief and to
coordinate their efforts with the City of Weston.
Section 5. The City Clerk is directed to distribute this Resolution to all local
governments in Miami -Dade County.
Section 6: That the appropriate City Officials are hereby authorized to do all things
necessary and expedient to carry out the aims of this Resolution.
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Resolution No. 114-19-15386
Section 7. Severability. If any section clause, sentence, or phrase of this resolution is for
any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall
not affect the validity of the remaining portions of this resolution.
Section 8. Effective Date. This resolution shall become effective immediately upon
adoption.
PASSED AND ADOPTED this 3`d day of September, 2019.
ATTEST:
CITY LERK ��
READ AND APPROVED AS TO FORM,
APPROVED:
COMMISSION VOTE: 5=0
Mayor Stoddard:
Yea
Vice Mayor Hams:
Yea
Commissioner Welsh:
Yea
Commissioner Liebman:
Yea
Commissioner Gil:
Yea
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Agenda item No:Ba.
City Commission Agenda Item Report
Meeting Date: September 3, 2019
Submitted by: Thomas Pepe
Submitting Department: City Attorney
Item Type: Resolution
Agenda Section:
Subject:
A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing and directing the
City Attorney 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" and to retain the firm of Weiss
Serota Helfman Cole & Bierman. 3/5 (Mayor Stoddard)
Suggested Action:
Attachments:
Resol Re Defending Assault Weapons Ballot Q.doc