Special Council Meeting February 27, 2018 Part 1

# MINUTES

# SPECIAL COUNCIL MEETING

KEY BISCAYNE FLORIDA

## TUESDAY FEBRUARY 27 2018

# COUNCIL CHAMBER

## 560 CRANDON BOULEVARD

1 CALL TO ORDER/ROLL CALL OF MEMBERS The meeting was called to order by the Mayor at 5 00 p.m Present were Councilmembers Luís de la Cruz Gary R Gross Allison McCormick Brett G Moss Kathleen Petros and Vice Mayor Franklin H Caplan and Mayor Mayra P Lindsay Also present were Village Manager John C Gilbert Village Clerk Jennifer Medina and Village Attorney Stephen J Helfman

2 PLEDGE OF ALLEGIANCE The Mayor led the Pledge of Allegiance

At this time the Mayor announced a moment of silence for the victims of the Marjory Stoneman Douglas High School mass shooting

3 BRIEF COMMENTS BY COUNCIL Councilmember Gross addressed the Council regarding deferring Item 5A1 to the March 6 2018 Regular Council Meeting Vice Mayor Caplan and Councilmember Moss also addressed the Council regarding deferring Item 5A1 There were no objections to the change

At this time Mayor Lindsay addressed the public and the Council regarding the purpose of this Special Council Meeting (to be heard during Item 61) and thanked the individuals that participated during the Key Biscayne candlelight vigil that took place in memory of the Parkland School victims and lastly discussed the 2018 legislative session

4 PUBLIC COMMENTS The following residents addressed the Council Zachary Buttrick 250 Cape Florida Drive Guillermina Abella 1133 Cotorro Avenue Mia Soler 798 Crandon Boulevard Chase Myers and Casilda Llanes 161 Crandon Boulevard Maria Thorne 50 Ocean Lane Drive and Nancy Elisburg 177 Ocean Lane Drive

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ORDINANCES The following ordinance on first reading was deferred to the March 6 2018 Regular Council Meeting

AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA ("VILLAGE"), AMENDING THE VILLAGE CODE BY AMENDING CHAPTER 23 "RETIREMENT," SECTION 23 31 "DEFINITIONS," SECTION 23 39 "VESTING" AND SECTION 23 47 "COMMENCEMENT OF BENEFITS" TO PROVIDE FOR IN SERVICE DISTRIBUTION OF BENEFITS TO MANAGERIAL MEMBERS, PROVIDING FOR SEVERABILITY, PROVIDING FOR CONFLICTS, PROVIDING FOR INCLUSION IN THE CODE, PROVIDING FOR RETROACTIVITY, AND PROVIDING FOR AN EFFECTIVE DATE

## RESOLUTIONS The Clerk read the following resolution by title

A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CALLING ON THE STATE OF FLORIDA, GOVERNOR RICK SCOTT, PRESIDENT DONALD TRUMP, AND THE FEDERAL GOVERNMENT TO REDUCE GUN VIOLENCE IN AMERICA AND HELP PREVENT FUTURE MASS SHOOTINGS BY REQUIRING A BACKGROUND CHECK FOR EVERY FIREARM SALE, SUPPORTING THE PASSAGE OF A RED FLAG LAW, SUPPORTING RAISING THE AGE FOR LEGAL PURCHASE OF FIREARMS, MAGAZINES, AND AMMUNITION TO 21, SUPPORTING THE PASSAGE OF LEGISLATION THAT WOULD KEEP MILITARY STYLE WEAPONS AND HIGH CAPACITY MAGAZINES AWAY FROM OUR SCHOOLS, URGING THE FLORIDA LEGISLATURE TO REPEAL THE PUNITIVE PUNISHMENTS OF ELECTED OFFICIALS SET FORTH IN SECTION 790 33, FLORIDA STATUTES, PROVIDING FOR TRANSMITTAL, AND PROVIDING FOR AN EFFECTIVE DATE

Vice Mayor Caplan made a motion to approve the resolution The motion was seconded by Councilmember Moss

There was extensive discussion by Council regarding the approval of this resolution

Councilmember Petros addressed the Council suggesting adding language banning bump stocks and other devices that increase a weapon's rate of fire or ammunition capacity There were no objections to the change

Councilmember McCormick addressed the Council regarding adding the following language to this resolution utilizing the word ban throughout the resolution adding language regarding opposing legislation that would authorize to have armed teachers in classrooms and adding language supporting the federal gun buyback program

Vice Mayor Caplan addressed the Council suggesting removing names of individuals stated throughout the resolution and to revise the resolution to recognize that assault weapons cause

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## deaths assuredly and on a mass scale There were no objections to the changes

Mayor Lindsay addressed the Council regarding supporting Red Flag Law Chapter 2011 109 Laws of Florida amending Section 790 00 Florida Statutes and the Fix Gun Checks Act

At this time it was the consensus of Council to take a recess to allow Vice Mayor Caplan to draft an alternate version of this resolution for Council approval inclusive of the following revisions adding language regarding banning bump stocks and other devices that increase a weapon's rate of fire or ammunition capacity opposing legislation that would authorize to have armed teachers in classrooms supporting federal gun buyback programs a reduction in gun violence and the prevention of future mass shootings supporting Red Flag Law Chapter 2011 109 Laws of Florida amending Section 790 00 Florida Statutes and the Fix Gun Checks Act There were no objections to the changes

## At 6 04 p m Councilmember Gross exited the meeting

## The meeting was temporarily adjourned at 6 05 p m

## At this time the meeting was called back to order by the Mayor at 6 32 p m

Vice Mayor Caplan addressed the Council regarding the revised version of this resolution inclusive of the following changes the revised heading title states that National and State Legislators recognize that assault weapons cause deaths assuredly and on a mass scale and reduce gun violence in America by banning assault weapons and high capacity ammunition magazines and by taking other practical and necessary steps consistent with constitutional principles to prioritize protecting people from gun violence replaced individual names with shooter page 3 second recital change states despite children and teachers being murdered at school and the general proliferation of horrific gun related deaths National and State leaders continue to fail to act to implement sensible gun law reforms that are supported by a majority of the nation page 4 first recital revision states governments should ban assault weapons and high capacity ammunition magazines and abandon the ludicrous idea of protecting schools by arming teachers and take action to close deadly gaps in the NCIS among other responsive actions page 6 last whereas revision states the Village Council deems it to be in the best interest of the residents of the Village to call on the State of Florida Governor Scott President Donald Trump and the lawmakers in Congress and the Florida Statehouse to reduce gun violence in America and help prevent future shootings by taking action as follows page 6 section two language change reflects the ban on assault weapons and high capacity ammunition magazines and lastly renumbering the sections

At this time Police Chief Charles R Press addressed the Council regarding this resolution

It was the consensus of Council to add language to section two of page 6 regarding the banning of bump stocks and other device that increase a weapon's rate of fire or ammunition capacity

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It was the consensus of Council to direct the Clerk to add language to this resolution regarding the opposition to authorizing armed educators and language supporting federal gun buyback programs.

The resolution, as amended, was approved by a 6-0 roll call vote. The vote was as follows: Councilmembers de la Cruz, McCormick, Moss, Petros, Vice Mayor Caplan and Mayor Lindsay voting Yes. Councilmember Gross was not present for the vote.

7. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and events was presented to the Council.

8. ADJOURNMENT: The meeting was adjourned at 6:41 p.m.

Respectfully submitted:

Jennifer Medina, CMC Village Clerk

Approved this 30th day of October, 2018:

SPECIAL COUNCIL MEETING TUESDAY, FEBRUARY 27, 2018 5:00 P.M. 1. CALL TO ORDER/ROLL CALL OF MEMBERS 2. PLEDGE OF ALLEGIANCE 3. BRIEF COMMENTS BY COUNCIL 4. PUBLIC COMMENTS 5. ORDINANCES: A. FIRST READING 1.) AN ORDINANCE ..........TAB1 OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA (“VILLAGE”), AMENDING THE VILLAGE CODE BY AMENDING CHAPTER 23 “RETIREMENT,” SECTION 23-31 “DEFINITIONS,” SECTION 23-39 “VESTING” AND SECTION 23-47 “COMMENCEMENT OF BENEFITS” TO PROVIDE FOR IN-SERVICE DISTRIBUTION OF BENEFITS TO MANAGERIAL MEMBERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR RETROACTIVITY; AND PROVIDING FOR AN EFFECTIVE DATE. (VILLAGE ATTORNEY) OPEN FOR PUBLIC COMMENTS (SECOND READING ON APRIL 10, 2018) 6. RESOLUTIONS: 1.) A RESOLUTION ..........TAB2 OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CALLING ON THE STATE OF FLORIDA, GOVERNOR RICK SCOTT, PRESIDENT DONALD TRUMP, AND THE FEDERAL GOVERNMENT TO REDUCE GUN VIOLENCE IN AMERICA AND HELP PREVENT FUTURE MASS SHOOTINGS BY REQUIRING A BACKGROUND CHECK FOR EVERY FIREARM SALE; SUPPORTING THE PASSAGE OF A RED FLAG LAW; SUPPORTING RAISING THE AGE FOR LEGAL PURCHASE OF FIREARMS, MAGAZINES, AND AMMUNITION TO 21; SUPPORTING THE PASSAGE OF LEGISLATION THAT WOULD KEEP MILITARY-STYLE

WEAPONS AND HIGH-CAPACITY MAGAZINES AWAY FROM OUR SCHOOLS; URGING THE FLORIDA LEGISLATURE TO REPEAL THE PUNITIVE PUNISHMENTS OF ELECTED OFFICIALS SET FORTH IN SECTION 790.33, FLORIDA STATUTES; PROVIDING FOR TRANSMITTAL; AND PROVIDING FOR AN EFFECTIVE DATE. (MAYOR LINDSAY) 7. SCHEDULE OF FUTURE MEETINGS/EVENTS: A. REGULAR COUNCIL MEETING TUESDAY, MARCH 6, 2018, 7:00 P.M., COUNCIL CHAMBER RESCHEDULED FROM TUESDAY, MARCH 13, 2018, 7:00 P.M. B. REGULAR COUNCIL MEETING TUESDAY, APRIL 10, 2018, 7:00 P.M., COUNCIL CHAMBER C. REGULAR COUNCIL MEETING TUESDAY, APRIL 24, 2018, 7:00 P.M., COUNCIL CHAMBER D. REGULAR COUNCIL MEETING TUESDAY, MAY 8, 2018, 7:00 P.M., COUNCIL CHAMBER 8. ADJOURNMENT I. ANY PERSON WISHING TO ADDRESS THE VILLAGE COUNCIL ON AN ITEM ON THIS AGENDA IS ASKED TO REGISTER WITH THE VILLAGE CLERK PRIOR TO THAT ITEM BEING HEARD. PRIOR TO MAKING A STATEMENT, PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD. II. IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT OF 1990, ALL PERSONS WHO ARE DISABLED AND WHO NEED SPECIAL ACCOMMODATIONS TO PARTICIPATE IN THIS PROCEEDING BECAUSE OF THAT DISABILITY SHOULD CONTACT THE OFFICE OF THE VILLAGE CLERK, 88 WEST MCINTYRE STREET, KEY BISCAYNE, FLORIDA 33149, TELEPHONE NUMBER (305) 365- 5506, NOT LATER THAN TWO BUSINESS DAYS PRIOR TO SUCH PROCEEDINGS. III. IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT A MEETING OR HEARING, THAT PERSON WILL NEED A RECORD OF

THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED (F.S.286.0105). IV. IN ACCORDANCE WITH VILLAGE CODE SECTION 2-161, ADOPTING SECTION 2-11.1(s) OF THE MIAMI-DADE COUNTY CODE, ANY PERSON ENGAGING IN LOBBYING ACTIVITIES, AS DEFINED THEREIN, MUST REGISTER AT THE VILLAGE CLERK’S OFFICE BEFORE ADDRESSING THE COUNCIL ON THE ABOVE MATTERS OR ENGAGING IN LOBBYING ACTIVITIES.

TAB 1

ORDINANCE NO. AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VTLLAGE OF KEY BISCAYNE, FLORIDA ('.VILLAGE"), AMENDING TTTE VILLAGE CODE BY AMENDING CHAPTER 23 "RETIREMENT," SECTION 23-31 "DEFINITTONS," SECTION 23-39 "VESTING" AND SECTION 23.47 "COMMENCEMENT OF BENEFITS" TO PROVIDE FOR IN-SERVICE DISTRIBUTION OF' BENEFITS TO MANAGERIAL MEMBERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR RETROACTIVITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village of Key Biscayne (the "Village") has a Police Offrcers and Firefighters Retirement Plan (the "Retirement Plan") for sworn law enforcement personnel and firefighters employed in the Village's Police and Fire Departments; and \ilHEREASo the Village wishes to amend the Retirement Plan to allow employees to receive in-service distributions from the Plan while still employed by the Village in a managerial position. NOW, THEREFOREO BE IT RESOLVED BY THE VILLAGE COT]NCIL OF THE VILLAGE OF'KEY BISCAYNE, FLORIDA, AS FOLLO\ilS:' Section 1. Recitals. The foregoing whereas clauses are true and correct and are incorporated herein by this reference. Section 2. Villase Code Amended. Article II "Police Officers and Firefighters Retirement Plan" of Chapter 23 "Retirement" of the Village of Key Biscayne Code of Ordinances is hereby amended by amending Section 23-3l "Definitions" to read as follows: Sec. 23-31. - Definitions. * {< {. I Words in ssrikeeut type are deletions fiom existing text and words in underline type are additions.

Managerial position means a job that satisfies the criteria detailed in F.S. 5 447.203(4). **{. Section 3. Villase Code Amended. Article II "Police Officers and Firefighters Retirement Plan" of Chapter 23 "Retirement" of the Village of Key Biscayne Code of Ordinances is hereby amended by amending Section 23-39 "Vesting" to read as follows: Sec. 23-39. - Vesting. t {. ,1. (3) Any vested Member of the System whose position is terminated, for whatever reason, but who remains employed by the Village in some other capacity, shall have all retirement benefits accrued up to the date of such termination under this System preserved, provided he does not elect to withdraw his Accumulated Contributions from this System. Such accrued retirement benefits shall be payable at his otherwise early (reduced as for early retirement) or normal retirement date hereunder, or later, in accordance with the provisions of this System; provided further, however, that benefits shall not be payable under this System during any period of continued employment by the Village unless the Member is receiving an authorized in-service distribution in accordance with Sectio n 23 -47 ( c\. *** Section 4. Villaee Code Amended. Article II "Police Officers and Firefighters Retirement Plan" of Chapter 23 "Retirement" of the Village of Key Biscayne Code of Ordinances is hereby amended by amending Section 23-47 o'Commensement of benefits" to read as follows: Sec.23-47. - Commencement of benefits. {< ,1. {< (c) Notwithstanding any provision in this Plan to the contrarv. Members eligible for an unreduced normal retirement benefit position may receive an in-service distribution, provided an)' such distribution complies with the applicable requirements of the Internal Revenue Code. Treasury Regulations and suidance issued by the Internal Revenue Service with respect to in-service distributions. In-service distributions shall not be tted for continued Members emploved in a managerial position. Section 5. Severabilitv. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, 2

clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 6. Conflicts. All ordinances or parts of ordinances, resolutions or parts of resolutions, in conflict herewith, are repealed to the extent of such conflict. Section 7. Inclusion In The Code. It is the intention of the Village Council, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of Key Biscayne, Florida; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 8. Effective Date. That this Ordinance shall be effective immediately upon adoption on second reading. Once effective, the provisions of this Ordinance shall apply retroactively to February II,2012. PASSED AND ADOPTED on first reading this day of PASSED AND ADOPTED on second reading this _ day of 20t8. 2018 MAYOR MAYRA PENA LINDSAY ATTEST: JENNIFER MEDINA, CMC VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: a J VILLAGE ATTORNEY

TAB 2

RESOLUTTON NO. 2018-- A RESOLUTION OF THE VILLAGE COT]NCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CALLING ON THE STATE OF FLORIDA, GOVERNOR RICK SCOTT, PRESIDENT DONALD TRUMP, AND THE FEDERAL GOVERNMENT TO REDUCE GUN VIOLENCE IN AMERICA AND HELP PREVENT FUTURE MASS SHOOTINGS BY REQUIRING A BACKGROUND CHECK FOR EVERY FIREARM SALE; SUPPORTING THE PASSAGE OF A RED FLAG LAW; SUPPORTING RAISING TTIE AGE FOR LEGAL PURCHASE OF FIREARMS, MAGAZINES, AND AMMUNITION TO 2I; SUPPORTING THE PASSAGE OF LEGISLATION THAT WOULD KEEP MILITARY-STYLE WEAPONS AND HIGH-CAPACITY MAGAZINES A\ilAY FROM OUR SCHOOLS; URGING THE FLORIDA LEGISLATURE TO REPEAL THE PUNITIVE PUNISHMENTS OF ELECTED OFFICIALS SET FORTH IN SECTTON 790.33, FLORTDA STATUTES; PROVIDING FOR TRANSMITTAL; AND PROVIDING FOR AN EFFECTIVE DATE. \ryHEREAS, an increase in the amount of hate groups, international and lone wolf domestic terrorism, underfunded community mental health programs, and easy access to military grade, high capacity magazine assault weapons have created circumstances which have led to an unprecedented number of mass shootings in American communities in recent years; and WHEREAS, on February 14, 2018, Nikolas Cruz shot and killed 17 people, including students, teachers, and coaches, and wounded 14 others at Marjory Stoneman Douglas High School in Parkland, Florida; and \ryHEREAS, on November 5, 2077, Devin Patrick shot and killed 26 people and injured 20 others at the First Baptist Church in Sutherland Springs, Texas; and 1

WHEREAS, on October l, 2017, Stephen Paddock, who had an arsenal of 23 weapons and accessories, shot and killed 58 people and injured more than 500, at the Harvest Music Festival in Las Vegas, Nevada; and WHEREAS, on June 12,2016, Omar Saddiqui Mateen, using a legally purchased semi- automatic rifle, shot and killed 49 people and injured at least 50 people at the Pulse Nightclub in Orlando, Florida; and WHEREAS, on December 14, 2012, Adam Lanza, using two semi-automatic handguns, shot and killed 27 people, including 20 children at Sandy Hook Elementary School in Newtown Connecticut; and \ilHEREAS, on October 21,2012, Radcliffe Haughton, using a semi-automatic handgun, shot and killed his estranged wife and 2 others in Milwaukee, Wisconsin; and though a restraining order had been issued against Haughton - making him a prohibited person under federal law - Haughton was able to avoid a background check by purchasing the gun from a private seller through armslist.com; and \ilHEREAS, on August 5,2012, Wade Michael Page, using a semi-automatic handgun, shot and killed 6 people and injured 3 others at a Sikh temple in Oak Creek, Wisconsin; and WHEREAS, on July 20,20l2,James Holmes, using a semi-automatic rifle and other guns, shot and killed 12 people and injured at least 58 others in a movie theater in Aurora, Colorado, using some of the thousands of rounds of ammunition that he had recently purchased online without a background check; and \ryHERB,AS, on January 8,2011, Jared Loughner, someone with a reported history of drug abuse and serious mental illness who should have been in the National Instant Criminal Background Check System (NICS) database but was not, killed 6 people in Tucson, Arizona; and 2

WHEREAS, on April 16,2007, Seung-Hui Cho shot and killed 32 people at Virginia Tech in Blacksburg, Virginia with guns that were legally purchased because records of his mental health status were missing from the NICS; and WHEREAS, an AR-l5-style rifle was used in the mass shootings in Newton, Connecticut; Aurora, Colorado; San Bernardino, California; Las Vegas, Nevada; Sutherland Springs, Texas; and Parkland, Florida; and WHEREAS, National and State leaders continue to fail to act to implement sensible gun Law rcforms that are supported by a majority of the nation; and WHEREAS, under federal law, licensed gun dealers are mandated to conduct NICS checks before proceeding with a sale, but this requirement does not apply to so-called private sellers who are present in large numbers at gun shows and sell guns over the internet; and \ilHEREAS, more than 12,000 Americans are murdered with guns every year, and too many of these crimes are committed by individuals who are barred from purchasing or possessing guns under federal law; and WHEREAS, other tragedies including the 1999 Columbine High School shooting in Littleton, Colorado, the 2010 attack on law enforcement at the Pentagon in Arlington County, Virginia, and the 2012 mass shooting at a Pittsburgh, Pennsylvania psychiatric clinic were perpetrated by individuals who obtained guns through unregulated private sales, with no paperwork required and no questions asked; and WHEREAS, the Fix Gun Checks Act was introduced in the U.S. Congress, and this legislation would have addressed the two major flaws in the nation's gtnbackground check system by improving compliance with federal record reporting requirements, and by requiring background checks for allU.S. gun sales; and J

WHEREAS, the Village is a strong advocate for common-sense policies that keep guns out of dangerous hands while respecting the rights of law-abiding gun owners, and strongly believes that Congress and state governments should take action to close deadly gaps in the NICS; and WHEREAS, more than 50 national organizations support closing gaps in the gun background check database and requiring a background check for all gun sales, including the U.S. Conference of Mayors, National Urban League, National Association for the Advancement of Colored People, the National Coalition Against Domestic Violence, the Intemational Association of Chiefs of Police, the Major Cities Chiefs Association, and the Police Executive Research Forum; and \ryHEREAS, Red Flag laws, which have been increasingly adopted by states, allow family members and law enforcement to seek an Extreme Risk Protection Order, a court order temporarily restricting a person's access to guns when they pose a danger to self or others; and WHEREAS, currently pending in the Florida Legislature is House Bill 231 and Senate Bill 530 which would implement a Red Flag Law, and had these bills been previously passed and signed into law, there is a high likelihood the Parkland massacre could have been averted and those loved ones saved; and WHEREAS, with some exceptions, federal law prohibits the possession of a handgun or handgun ammunition by any person under the age of 18 but does not set a minimum age for the possession of long guns or long gun ammunition; and \ilHEREAS, under Florida law, the purchase of a long gun is allowed for a person under 2I years ofage; and 4

\ryHEREAS, in order to restrict such purchase andlor possession of a long gun, high capacity magazines and ammunition, the Florida legislature would need to amend Sections 7 90.17 (2), 790. 1 8, and 7 90.22(3), (5), Florida Stafutes; and \ryIIEREAS, in response to mass shootings resulting in the massacre of students, teachers and others, Maryland, Connecticut, and New York passed similar prohibitions on sales of assault weapons and large capacity magazines, which have been upheld as constitutional by Federal courts; and \üHEREAS, presently pending in Florida is similar legislation, Senate Bill 196 and House Bill 219 which would prohibit "the sale or transfer of an assault weapon or large-capacity magazíne; specifying circumstances in which the manufacture or transportation of assault weapons or large-capacity magazines is not prohibited; providing enhanced criminal penalties for certain offenses when committed with an assault weapon or large-capacity magazine, etc.;" and \ilHEREAS, following the lead of other states, and having had Federal Courts consistently hold that such restrictions are constitutional, it is time to implement such restrictions; and \ilHEREAS, in 2011, the Florida Legislature passed, and Govemor Scott signed into law, Chapter 20ll-109, Laws of Florida, amending Section 790.33, Florida Statutes, allowing elected or appointed local officials who pass an ordinance or cause an ordinance, administrative rule or regulation to be enforced which impinges on the exclusive authority of the Florida Legislature to regulate firearms and ammunition to be assessed court fines of up to $5,000 as well as be subject to removal from office by the Governor, without due process; and WHEREAS, local governments have a duty to protect their residents, visitors, tourists, and businesses and that such duty should not be infringed upon by State govemment; and 5

WHEREAS' the Village Council urgently requests the Governor and the Florida Legislature to address this deficit in law by enacting legislation that would allow municipalities the ability to address these public health, safety and welfare items by enacting local legislation without fear of removal from office, in accordance with the unique local characteristics of a community and with due respect to the risk to public; and WHEREAS, the Village Council deems it to be in the best interest of the residents of the Village to call on the State of Florida Governor Rick Scott, President Donald Trump, and the Federal Government to reduce gun violence in America and help prevent future shootings by requiring a background check for every firearm sale; to support the passage of a Red Flag Law; to support raising the age for legal purchase of firearms , magazines, and ammunition to 2l; and to support the passage of legislation that would keep military style weapons and higþ-capacity magazines away from our schools. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section l. Recitals Adopted. Each of the above-stated recitals are hereby adopted, confirmed, and incorporated herein. Section 2. Supportins the Fix Gun Checks Act. That the Village Council supports federal legislation that would require a background check for every firearm sale whether the legislation is enacted by passage of the Fix Gun Checks Act in the United States Congress or some other legislation. Section 3. Supportins the Red Flae Law. That the Village Council urges the Florida legislature to immediately pass House BlIl231/Senate Bill 530, popularly described as a "Red Flag Law," to protect our community from those who are identifiable as athreat to safety and security. 6

Section 4. Urgins to Raise the Minimum Ase for Gun Purchase. That the Village Council urges immediate passage of legislation that would remove military-style weapons and high-capacity magazines from our community, especially our schools, and that would increase the minimum age to purchase and possess guns, including long guns and ammunition, from age 18 to age27. Section 5. Ursing to Reneal Section 790.33" Florida Statutes. That the Village Council urges the Florida legislature to repeal the draconian punitive punishments of elected officials set forth in Section 790.33, Florida Statutes. Section 6. Ureins Legislative Action durins 2018 Session. That the Village Council urges Florida Governor Rick Scott to take action to pass gun reform, even if it means extending the 20lS legislative session, to: a. Raise the minimum age to allow the purchase of guns and ammunition to 21; b. Eliminate the loopholes in the private transfer of weapons and require full background checks for all sales and transfers of firearms; c. Repeal the penalties in Section 790.33(3), Florida Statutes; d. Enact legislation regarding a Red Flag Law to allow Extreme Risk Protection Orders such as those proposed in House B1ll231 and Senate Bill 530; and e. Enact the Gun Safety legislation set forth in Senate Bill 196 and House Bill219 to place constitutional restrictions on the sale and transfer of assault-style weapons and high- capacity magazines. Section 7. Transmittal. That the Village Clerk is hereby directed to distribute this Resolution to President Donald Trump, Governor Rick Scott, the United States Congressional 7

Delegations from Florida, the Miami-Dade County Legislative Delegation, and the Miami-Dade County League of Cities. Section 8. Effective Date. That this Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this _ day of February,2}l9. MAYRA PEÑA LINDSAY, MAYOR ATTEST: JENNIFER MEDINA, CMC VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY VILLAGE ATTORNEY 8