JACKSONVILLE, Fla. — Florida Attorney General James Uthmeier and the City of Jacksonville are likely headed towards a courtroom battle to determine the fate of $5 million in taxpayer funds.
Action News Jax first revealed the existence of a list of more than 100 gun owners who entered city buildings while armed over a two-year period last May.
The revelation resulted in a criminal investigation that concluded late last year.
READ: Florida AG moving toward civil enforcement against City of Jacksonville over list of gun owners
No criminal charges were filed as a result of that investigation, but the Attorney General now plans to pursue civil action against the city.
“Jacksonville’s firearm registry exposed law-abiding firearm owners to the very dangers that the prohibition was meant to prevent,” said Uthmeier in a social media post Monday. “My office is correcting @SAO4Florida’s misinterpretation of the law and moving forward with civil enforcement against the City of Jacksonville.”
If the Attorney General is successful, Jacksonville could have to pay a $5 million fine.
Councilmember Rory Diamond (R-District 13) blamed Mayor Donna Deegan for drawing the Attorney General’s ire.
“Now we’re going to pay millions of dollars because she doesn’t like guns,” said Diamond.
While the list was maintained during Deegan’s administration, State Attorney Melissa Nelson’s investigation determined the mayor had no knowledge of the list’s existence nor any involvement in its creation.
Instead, Nelson concluded the list was created at the direction of a Public Works manager.
“As we have stated from the very beginning, the records will show that Mayor Deegan and her leadership team were unaware of this action taken by an individual employee concerned about building security – and that the practice was immediately ended once it became known,” the mayor’s office told Action News Jax in an emailed statement. “The State Attorney, who comes from the same party as the Attorney General, conducted a thorough, eight-month investigation into this matter and concluded there was no deliberate misconduct. As the state pursues politically motivated deflections that waste taxpayer dollars, the mayor remains focused on addressing affordability challenges for the people of Jacksonville.”
If the Attorney General brings the case to court, his office will have to prove the list was compiled or maintained with the knowledge or complicity of management within the City of Jacksonville.
If the city were to lose in court, Diamond said he wants to see the money to pay the fine come directly from the mayor’s office staffing budget.
“Which is like enormous and millions of dollars to all of them. Let’s take it from there. Let’s do it where it hurts,” said Diamond.
In a letter sent to Nelson’s office, Uthmeier acknowledged he does not have the authority to pursue criminal charges in the case, but he did counter the rationale Nelson used to justify not bringing charges.
In the State Attorney’s report, it was concluded, “Prosecution is not appropriate. The individual involved believed he was improving security and acted without any knowing and willful disregard of the law.”
But Uthmeier argued the gun registry statute does not require a person to knowingly and willingly violate the law; rather, they must only knowingly and willingly create a list of gun owners.
“Whether the person had a specific criminal intent is irrelevant here,” the Attorney General wrote. “Ignorance of the law is no excuse.”
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