The city council of Okeechobee, Florida, along with Police Chief Donald Hagan, may face personal fines for violating a state law that reserves the regulation of firearms to the Florida legislature. The controversy arose when the city enacted an ordinance before Hurricane Helene’s landfall, banning gun sales and public firearm possession except by law enforcement or military personnel.
Florida Carry Inc., a pro-gun organization, sent a demand letter to the city council and Chief Hagan. This letter warned that their actions violated Florida’s preemption statute and demanded $30,000 in damages and attorneys’ fees if the ordinance was not repealed within 30 days.
Okeechobee City Attorney John J. Fumero responded by stating that the violation stemmed from using an outdated emergency ordinance form that was not applicable to Hurricane Helene’s circumstances. He noted that the ordinance was never enforced and emphasized efforts to prevent similar occurrences in the future through new processes.
Mayor Dowling R. Watford Jr. and Detective Jarret Romanello have indicated ongoing reviews of how this incident occurred, promising further explanations once completed.
In his response to Fumero’s defense against monetary demands, Eric J. Friday from Florida Carry Inc. pointed out that liability under Florida statute Sec. 790.33 does not require actual enforcement of an illegal ordinance—its enactment is sufficient for liability claims.
Lee Williams authored this report as chief editor of the Second Amendment Foundation’s Investigative Journalism Project.
