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Home My WebLink AboutDocumentation_Regular_Tab 14_08/11/2011 VILLAGE OF TEQUESTA � AGENDA ITEM TRANSMITTAL FORM 1. VILLAGE COUNCIL MEETING: Meeting Date: Meeting Type: Regular Ordinance #: _�;<- 8/11/11 Consent Agenda: Yes Resolution #: ��k ��e �:� �nter t�x± Originating Department: Attorney 2. AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report) Ordinance 13-11, First Readinq, Amending the Village Code of Ordinances at Chapter 54. Offenses. By Repealing all Local Regulation of Firearms and Ammunition as Set Forth in Sec. 54-4 - Village Attorney Whife 3. BUDGET / FINANCIAL IMPACT: None Account #: N/A Amount of this item: N/A Current Budgeted Amount Available: Amount Remaining after item: N/A N/A Budget Transfer Required: No Appropriate Fund Balance: No 4. EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of fhe agenda ifem) House Bill 45, signed into law by Governor Scott this legislative session, completely preempts the regulation of firearms and ammunition to the state. The new law provides civil penalties for local government officials that attempt to enforce any local ordinance regarding the regulation of ammunition or firearms. Ordinance 13-11 brings the Village code into conformance with this new state le islation, which is effective October 1. 5. APPROVALS: Dept:�ti-��'-�� Finance Director: ❑ Reviewed for Financial Q- Suff� iency Financial Impact Attorney: (for legal sufficiency) Yes ❑ No ❑ Village Manager: • SUBMIT FOR COUNCIL DISCUSSION: • APPROVEITEM: ❑ • DENY ITEM: � Form amended 08/26/08 �� ATTORNEYS AT LAW 1111 Hypoluxo Road, Suite 207 �� s2 JOHN CORBETT TELEPHONE (561) 586-7116 TRELA J. WHITE TELECOPIER (561) 586-9611 BRADLEY W. BIGGS'^ KEITH W. DAVIS* R. MAX LOHMAN ABIGAIL FORRESTER JORANDBY " Board Certified in City, County and Local Govemment Law JENNIFER Gt1RDNER ASHTON ^ State Certified County and Circuit Court Mediator MEMORANDUM TO: Mayor Paterno; Vice Mayor Arena; Council Members Brennan, Humpage and Turnquest; and Village Manager Couzzo FROM: Village Attorney Keith W. Davis, Esq. DATE: August 1, 2011 RE: House Bill 45; Complete Preemption of Firearms Regulations to the State House Bill 45, signed into law by Governor Scott this legislative session, completely preempts the regulation of fireanns and ammunition to the state. The new law provides civil penalties for local government officials that attempt to enfarce any local ordinance regarding the regulation of ammunition or firearms. Ordinance 13-11 brings the Village code into conformance with this new state legislation, which is effective October 1. 1 ORDINANCE NO. 13-ll AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 54. OFFENSES. BY REPEALING ALL LOCAL REGULATION OF FIREARMS AND AMMUNITION AS SET FORTH 1N SEC. 54-4; PROVIDING THAT EACH AND EVERY OTHER SECTION OF CHAPTER 54 SHALL REMAIN 1N FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the Legislature of the Sta,te of Florida has, during the 2011 session, passed House Bill 45 and Governor Scott has signed same into law, with the designation of "Laws of Florida 2011-109" effective October 1, 2011; and WHEREAS, House Bill 45 (Laws of Florida 2011-109) strengthens and clarifies the preemption of all firearm and ammunition regulation to the state, and imposes financial penalties on any local official who attempts to enforce a local firearm or ammunition regulation; and WHEREAS, the Village Council of the Village of Tequesta desires to comply with the state preemption of firearms and ammunition regulation. NOW THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, THAT: Section 1: Chapter 54. Offenses. of the Code of Ordinances of the Village of Tequesta, Florida is hereby amended at Sec. 54-4. Discharge of firearm ar other weapon. to repeal local regulation of firearms and ammunition; providing that Sec. 54-4 shall hereafter read as follows: Sec. 54-4. Discharge of firearm or other weapon. The re�ulation of firearms and ammunition is nreemnted bv Florida law to the state. and state law shall �overn the discharge of firearms in the Villa�e of Tequesta.. E�eep+ �„ *'�° '°•��,' � , 1 Section 2: Each and every other section and sub-section of Chapter 54. Offenses. of the Code of Ordinances of the Village of Tequesta. shall remain in full force and effect as previously enacted. Section 3: All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 4: Should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a Court of competent jurisdiction to be invalid, such decision sha11 not affect the validity of the remainder of this ordinance Section 5: Specific authority is hereby granted to codify and incorporate this ordinance into the existing Code of Ordinances of the Town of Palm Beach Shores. Section 6: This ordinance shall take effect October 1, 2011. FIRST READING this day of , 2011 SECOND AND FINAL READING this day of , 2011 2 McWilliams, Lori From: Keith Davis [Keith@corbettandwhite.com] Sent: Thursday, July 28, 2011 1:20 PM To: McWilliams, Lori Subject: RE: HB 45 effective Oct 1 2011 Attachments: Ord 13-11 Firearms preemption.docx Attached is the ordinance. It can be added to August if you can work it in. It's not effective until October 1(which is when the new law goes into effect). If you want it for August, let me know and I'll do up a quick agenda item summary today. From: McWilliams, Lori Imailto:lmcwilliams@tequesta.org] Sent: Thursday, July 28, 2011 12:54 PM To: Keith Davis Subject: RE: HB 45 effective Oct 1 201i Should this be on the August agenda? From: Keith Davis jmailto:Keith@corbettandwhite.com] Sent: Thursday, July 28, 2011 12:32 PM To: McWilliams, Lori Cc: Trela White; Telfrin, Debra; Couao, Michael Subject: Re: HB 45 effective Oct 1 2011 Lori: I wrote the ardinance to bring our code into compliance last week. I told Michael about it this morning and will send you the document after lunch. :-) Sent from my iPhone On Ju128, 2011, at 12:18 PM, "McWilliams, Lori" <lmcwilliams(a�,teQUesta.or�> wrote: Trela and Keith, FYI — Just received this from the Palm Beach County Clerks Association. Lori From: Teal, Melissa [mailto:npbclerk@village-npb.orq] Sent: Thursday, July 28, 2011 11:31 AM Subject: FW: HB 45 effective Oct 1 2Q11 i Good Morning Everyone: Please be reminded that per the attached memo (which FLC emailed to municipalities in June) HB 45 takes effect October 1, 2011. Your city attorney should review your city's codes to determine if any violate the state preemption so that your city can take any necessary action before 10/1/11. Thanks to Virginia Walton for passing this along! �vielissa �ea� CMC Village Clerk Village of North Palm Beach 501 U.S. Highway 1, North Palm Beach FL 33408 561-841-3355 phone 561-881-7469fax npbclerk(a�villaqe-npb.orq Please note: Florida has a very broad public records law. Most written communications to or from Village officials regarding Village business are public records, and are available to the public and media upon request. Your e-mail communications, including your email address, may therefore be subject to public disclosure. From: Virginia Walton [mailto:vwaltonC�villageofpalmsprings.org] Sent: Thursday, July 28, 2011 10:49 AM To: Teal, Melissa Cc: Beverly Brown Subject: HB 45 effective Oct 1 2011 Thought you might want to pass this alert from the FLC on to our clerks. We would all have to amend any ordinances impacted before October 1 St �ir;�inia M. V��alton, CMC Villa�c Clerk ��illa�e oI� Palm S��rin�s 226 Cy-press I�ie Palm Sprin�s, FL 33�161 �l 561-965-�1�010 cxi. �08�1 F��: 561-9fi5-0899 Er�iail: ��valt��on@villa;eofpalmsprin�s.or� z *** e,Safe scanned t:�iis email for malicious content *** *** IMPORTANT: Do not open attachmerts f_rom unrecognized senders *** IMPORTANT.� The contents of this email and any attachments confidential. They are intended for the named recipient(s) only. If you have received this email in error, p/ease notify the system manager or the sender immediate/y and do not disclose the contents to anyone or make copies thereof. **" eSafe scanned this email for viruses, vandals, and malicious content. *"" <LegAlertFirearms Oct 201 l.pdf> IMPORTANT. The contents of this email and any attachments are con�dential. They are intended for the named recipient(s) only. If you have received this emai! in error, please notify the system manager or the sender immediate/y and do not disclose fhe contents to anyone or make copies thereof. *** eSafe scanned this email for viruses, vandals, and malicious content. *** *** eSafe scanr:ed this email for malicious content *** �*� ?MPOR`! Do no+� open attachments from unrecognized senders *** 3