TO: FROM: The Honorable Chainnan and Members ofthe Board ofcounty Commissioners James L. Bennett, County Attorney~ COMMISSION AGENDA: -J:";.3.// ';4 h, SUBJECT: Authority to Advertise a Public Hearing on a Proposed Ordinance Amendment Relating to the Regulation offireanns DATE: August 23, 2011 RECOMMENDATION: I RECOMMEND THAT THE BOARD OF COUNTY COMMISSIONERS AUTHORIZE ADVERTISEMENT FOR A PUBLIC HEARING TO ADOPT AN ORDINANCE AMENDMENT OF THE COUNTY OF PINELLAS RELATING TO THE REGULATION OF FIREARMS. DISCUSSION: The State Legislature, through Senate Bill 402, codified at Florida Statutes Section 790.33, recently preempted the field of regulating firearms throughout the State of Florida. As a result, several provisions of the Pinellas County Code regulating firearms are now presumptively voided by State law. The State Constitution and conflicting State statutes though provide a level of authority for the County to maintain certain regulatory authority. For example, Article VIII, Section 5 of the Florida Constitution allows local governments to set a waiting period for purchase of a fireann. Section 870.044 of the Florida Statutes authorizes local government regulations prohibiting the sale or possession of fireanns during a state of emergency. Statutory conflicts, which may continue to be enforced by local law enforcement include Section 790.15 of the Florida Statutes which prohibits persons from knowingly discharging a firearm in any public place on or over the right-of-way of any paved public road, highway, or street or over any occupied premises. Similarly, Section 790.06 of the Florida Statutes prohibits concealed firearms in police stations, jails, courthouses, polling places, meetings of governing bodies, schools, professional athletic events, airport passenger tenninals, and the portion of alcoholic beverage establishments primarily devoted to the consumption of alcoholic beverages on the premises. These State provisions provide a level of protection for Pinellas County residents; but, where those protections are not in place, it will be necessary to remove offending provisions from the Pinellas County Code. Therefore, in order to comply with the preemptory language of Section 790.33, it is necessary for the Board ofcounty Commissioners to enact an ordinance repealing sections ofthe Pinellas County Code in conflict with the new statute. Accordingly, I recommend that the Board of County Commissioners authorize the advertisement of a public hearing on this ordinance amendment for Tuesday, September 27, 2011. We are continuing, between now and the public hearing date, to explore both the impacts of this legislation on existing operations and any restrictions on the public hearing process discussions. JL8:CEB:elb Attachments H IUSERS\ATYKBJ o\wpdocsibrody\carj\ordinances\firearmsiregulatiou of Firearms AuthOrity to Adver1ise 8-1 I-I I.docx
ORDINANCE NO. 11- AN ORDINANCE OF THE COUNTY OF PINELLAS AMENDING THE PINELLAS COUNTY CODE BY REPEALING CHAPTER 86, DIVISION 1II, SECTlON 86-71; AMENDING CHAPTER 26, ARTICLE VI, SECTION 26-205 AND 26-207 RELATlNG TO PAWN DEALERS SALE OF FIREARMS; AMENDING CHAPTER 90. ARTICLE I, SECTION 90-7(m), RELATING TO ALLOWING FIREARMS IN COUNTY PARKS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE PINELLAS COUNTY CODE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR OTHER MODIFICATIONS WHICH MAY ARISE FROM REVIEW OF THE ORDINANCE WITH RESPONSIBLE AUTHORITIES. WHEREAS, the State Legislature through Senate Bill 402, enacted in the Florida Statutes as Section 790.33, preempted the field of regulating firearms throughout the State of Florida; and WHEREAS, the Pinellas County Code retains several provisions regulating firearms; and WHEREAS, the Article VlII, section 5 of the State Constitution allows local government to enact waiting periods for the purchase of guns or other firearms; and WHEREAS, where a conflict exists between a State Constitutional provision and State Statute, the Constitution prevails; and WHEREAS, Section 790.33 specifically acknowledges that it shall not prevail over conflicting State statutory provisions; and WHEREAS, Section 790.15 of the Florida Statutes prohibits a person from knowingly discharging firearms in any public place, on or over the right-of-way of any paved public road, highway, or street, or over any occupied premises; and WHEREAS, Section 790.06 of the Florida Statutes authorizes the issuance of a license to carry concealed firearms in public except in those locations enumerated in the statute such as 1
... police stations, jails, courthouses, polling places, meetings of governing bodies, schools, professional athletic events, airport passenger terminals, and the portion of alcoholic beverage establishments primarily devoted to the consumption of alcoholic beverages on the premises; and WHEREAS, Section 870.044 of the Florida Statutes authorized local government regulations prohi biting the sale or possession of firearms during a state of emergency; and WHEREAS, Pinellas County, through its law enforcement agencies, will be able to continue enforcing these State law limitations; and WHEREAS, in order to comply with the preemptory language of Section 790.33, the Board of County Commissioners enacts this ordinance repealing sections of the Pinellas County Code in conflict with the new statute. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pinellas County, Florida, duly assembled on this day of, 20 II, as Section 1. Section 2. Section 86-710fthe Pinellas County Code is hereby repealed. Section 90-07 of the Pinellas County Code is hereby amended to read as Section 90-07. Activities within county-owned or managed lands. (m) Hunting and weapons. No person shall carry, use or possess weapons of any description, including, but not limited to, air rifles, tireaffl1!1. spring guns, bows and arrows, paint guns, water cannons, bb gun", slingshots, boomerangs, or any other form of weapon harmful or dangerous to wildlife or dangerous to human safety on or in any county-owned or managed land 2
except at and in accordance with the rules and regulations as a participant in a program approved by the board ofcounty commissioners, unless authorized by law. Section 3. Section 26-205 of the Pinellas County Code is hereby amended to read as Section 26-205. Exemptions from article. This article shall not apply to items obtained or received in purchases from estate sales in the county, bank sales, public bid sales, out-of-business sales, or sales by governmental bodies or charitable organizations or sales of firearms as Jetincd in!'.s. 790.00 I. Section 4. Section 26-207(a)(I) of the Pinellas County Code is hereby amended to read as Section 26-207. Identification documentation. (a)(l) The dealer or pawnbroker shall require the seller or pawnor of all property not exempt in this article and any fir~hra1. at; d~tin~d in F.S.,~ 7'JO.(lO I, as a condition of purchase or pawn, to sign his name and imprint his thumbprint upon identification forms provided by the county sheriff or chiefof police ofthe municipality having jurisdiction. Section 5. Severability. If any section, subsection, sentence, clause or phrase of this article, amendment or the particular application thereof, shall be held invalid by any court, administrative agency, or other body with appropriate jurisdiction, the remaining section, subsection, sentence, clause or phrase and application shall not be affected thereby. Section 5. Area Embraced. This article shall be in effect in the unincorporated areas of Pinellas County. 3
Section 6. Codification. The provisions of this Ordinance shall be included and incorporated in the Pinellas County Code, as an addition or amendment thereto, and shall be appropriately renumbered to confonn to the unifonn numbering system of the Pinellas County Code. Section 7. Filing Of Ordinance; Effective Date. Pursuant to Section 125.66, Florida Statutes (2010), a certified copy of this Ordinance shall be filed with the Department of State by the Clerk of the Board of County Commissioners within ten (10) days after enactment by the Board of County Commissioners, and shall become effective upon filing with the Department ofstate. 4
ORDINANCE NO. 11- AN ORDINANCE OF THE COUNTY OF PINELLAS AMENDING THE PINELLAS COUNTY CODE BY REPEALING CHAPTER 86, DIVISION lll, SECTION 86-71; AMENDING CHAPTER 26, ARTICLE VI, SECTION 26-205 AND 26-207 RELATING TO PAWN DEALERS SALE OF FIREARMS; AMENDING CHAPTER 90, ARTICLE I, SECTION 90-7(m), RELATING TO ALLOWING FIREARMS IN COUNTY PARKS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE PINELLAS COUNTY CODE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR OTHER MODIFICATIONS WHICH MAY ARISE FROM REVIEW OF THE ORDINANCE WITH RESPONSIBLE AUTHORlTlES. WHEREAS, the State Legislature through Senate Bill 402, enacted in the Florida Statutes as Section 790.33, preempted the field of regulating firearms throughout the State of Florida; and WHEREAS, the Pinellas County Code retains several provisions regulating firearms; and WHEREAS, the Article Vlll, section 5 ofthe State Constitution allows local government to enact waiting periods for the purchase ofguns or other firearms; and WHEREAS, where a conflict exists between a State Constitutional provision and State Statute, the Constitution prevails; and WHEREAS, Section 790.15 of the Florida Statutes prohibits a person from knowingly discharging firearms in any public place, on or over the right-of-way ofany paved public road, highway, or street, or over any occupied premises; and WHEREAS, Section 790.33 specifically acknowledges that it shall not prevail over conflicting State statutory provisions; and WHEREAS, Section 790.06 of the Florida Statutes authorizes the issuance of a license to carry concealed firearms in public except in those locations enumerated in the statute such as police stations, jails, courthouses, polling places, meetings of governing bodies, schools, 1
professional athletic events, airport passenger terminals, and the portion ofalcoholic beverage establishments primarily devoted to the consumption of alcoholic beverages on the premises; and WHEREAS, Section 870.044 of the Florida Statutes authorized local government regulations prohibiting the sale or possession offirearms during a state ofemergency; and WHEREAS, Pinellas County, through its law enforcement agencies, will be able to continue enforcing these State law limitations; and WHEREAS, in order to comply with the preemptory language of Section 790.33, the Board of County Commissioners enacts this ordinance repealing sections of the Pinellas County Code in conflict with the new statute. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pinellas County, Florida, duly assembled on this day of, 20 II, as Section 1. Section 2. Section 86-710fthe Pinellas County Code is hereby repealed. Section 90-07 of the Pinellas County Code is hereby amended to read as Section 90-07. Activities within county-owned or managed lands. (m) Hunting and weapons. No person shall carry, use or possess weapons of any description, including, but not limited to, air rifles, spring guns, bows and arrows, paint guns, water cannons, slingshots, boomerangs, or any other form of weapon harmful or dangerous to wildlife or dangerous to human safety on or in any county-owned or managed land except at and in accordance with the rules and regulations as a participant in a program approved by the board ofcounty commissioners, unless authorized by law. 2
Section 3. Section 26-205 of the Pinellas County Code is hereby amended to read as Section 26-205. Exemptions from article. This article shall not apply to items obtained or received in purchases from estate sales in the county, bank sales, public bid sales, out-of-business sales, or sales by governmental bodies or charitable organizations or sales of firearms as defined in F.S. 790.001. Section 4. Section 26-207(a)(l) of the Pinellas County Code is hereby amended to read as Section 26-207. Identification documentation. (a)( I) The dealer or pawnbroker shall require the seller or pawnor of all property not exempt in this article, as a condition of purchase or pawn, to sign his name and imprint his thumbprint upon identification forms provided by the county sheriff or chief of police ofthe municipality having jurisdiction. Section 5. Severability. If any section, subsection, sentence, clause or phrase of this article, amendment or the particular application thereof, shall be held invalid by any court, administrative agency, or other body with appropriate jurisdiction, the remaining section, subsection, sentence, clause or phrase and application shall not be affected thereby. Section 5. Area Embraced. This article shall be in effect in the unincorporated areas ofpinellas County. Section 6. Codification. 3
The provisions of this Ordinance shall be included and incorporated in the Pinellas County Code, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Pinellas County Code. Section 7. Filing Of Ordinance: Effective Date. Pursuant to Section 125.66, Florida Statutes (2010), a certified copy of this Ordinance shall be filed with the Department of State by the Clerk of the Board of County Commissioners within ten (10) days after enactment by the Board of County Commissioners, and shall become effective upon filing with the Department of State. 4