March 2, 2018

Support Amendments to CS/SB 7026
and HB 7101 relating to Public Safety

On Saturday, March 3, the Senate will consider CS/SB 7026 , the “ Marjorie Stoneman Douglas High School Public Safety Act.

Senator Taddeo has filed amendments to CS/SB 7026 that the FLC Supports:

Amendment (Barcode - 934592) and Amendment (Barcode – 603146) would remove the current preemption regulating firearms and ammunition and allows for local regulation beyond the statewide minimum. In addition, the amendments remove penalty provisions in current law for city and county officials adopting or enforcing rules, regulations, or ordinances relating to firearms and ammunitions.

Amendment (Barcode – 677256) would require the Florida Department of Law Enforcement (FDLE) to notify local law enforcement when an individual is denied approval to receive or possess a firearm.

Please contact your Senators and ask them to support these amendments.

HB 7101 is the House version of the bill and is expected to be considered next week.

Representative Starke has filed an Amendment (Barcode – 861267) which would also repeal the local government preemption to regulate firearms.

Please contact your Representatives and urge them to Support the Starke Amendment.
Background:
In 1987, the Florida Legislature preempted the whole field of regulation of firearms and ammunition to the state, including the purchase, sale, transfer, taxation, manufacture, ownership, possession, storage, and transportation. Local government ordinances, rules, or regulations were declared null and void.

In 2011, the legislature established penalties for local governments, elected officials, and public employees that adopt or enforce regulations that violate the state preemption on firearms and ammunition. For example, if a city adopted or enforced an ordinance prohibiting guns in parks, or the discharge of guns within city limits, the 2011 legislation imposed personal liability (civil penalties) on officials and employees and imposed liability for damages upon the city.


Talking Points:

  • The amendment establishes a statewide regulatory floor for guns and ammunition and gives local communities the flexibility to craft solutions tailored for their community.

  • Public venues such as city parks and city sports and entertainment venues are crowded places where the public could be at risk for gun violence. Cities need flexibility to protect residents and visitors.

  • Broad preemption statutes ignore important local variations that may necessitate distinct approaches to the problem of gun violence. A regulation in a densely populated urban area may not be appropriate in a rural setting, and vice versa. 

  • In addition to hindering local flexibility, preemption statutes also deny access to innovative gun violence prevention policies.

  • Imposing personal liability on elected officials for actions taken in their official capacity as elected officials contradicts the well-established legal standard that hold legislative bodies absolutely immune from civil liability for their legislative activities.
Contact Casey Cook should you have any questions at (850) 701-3609 or via email ccook@flcities.com.
Support Amendments to CS/SB 7026
and HB 7101 relating to Public Safety.
You can use the League’s Contact Your Legislator advocacy tool or use the links below for the full list of legislators'emails by chamber.

Let us know you've responded by submitting an online Advocacy Action Report or emailing Allison Payne at apayne@flcities.com .
Thank you for your advocacy efforts!