Reg City Council 6-14-11 minutes.pdf - The City of Titusville, Florida

It was important to note that when a matter was in litigation, that prior Ethics Opinions
have concluded that public records requests from an attorney must be made through the
government attorney. The obvious intent of the Ethics ruling was to preserve the
attorney/client relationship. It was important to stress that when matters come before the
City Council or issues would be reviewed by the City Attorney’s Office, or decisions
were made and communications occur with a private attorney that may bind the City or
commit the City to a certain course of action, that early in the process, the Ethics rules
contemplate that the government attorney would be notified and informed of the intended
meeting or communication.
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Action Item:
Deputy City Attorney advised staff requested authorizing for the preparation of ordinance
repealing Sections 12-2, 12-3, 12-4, 12-5 and 12-6 of the Code of Ordinances:
Firearms Legislation: The Florida Legislature during the last Legislative Session adopted
Senate Bill 402 that clarified and reiterated the preemption of the State to the entire field
of regulation of firearms and prohibited local ordinances or administrative regulations
regulating the field of firearms and ammunitions including the purchase, sale, transfer,
taxation, manufacture, ownership, possession, storage and transportation. Based upon a
conversation with the Attorney General’s Office, it appeared as if the City should
consider processing the repeal of Sections 12-2, 12-3, 12-4, 12-5 and 12-6 of the Code of
Ordinances. Those sections provide the following:
Section 12-2. - Discharging firearms.
Section 12-3. - Firearms—Sales to minors.
Section 12-4. - Same—Relinquishment of possession to minors.
Section 12-5. - Same—Penalty for violation.
Section 12-6. - Same—Civil liability for violation.
Even though the preemption related to the purchase, sale, transfer, etc., and did not
expressly provide for preemption for discharge of firearms, it appeared, based upon the
interpretation of the Attorney General’s Office, that it would be appropriate to repeal
those ordinances.
Based upon previous opinions from the Attorney General’s Office, it would be
anticipated that the interpretation would continue by the Attorney General’s Office that
the entire field of regulations of firearms was preempted by the State of Florida.
Motion:
Member Pritchett moved to authorize staff to prepare an ordinance repealing Code of
Ordinances Sections 12-2 - Discharging firearms, Section 12-3 - Firearms-Sales to
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