Miami-Dade Legislative Item
File Number: 102824
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File Number: 102824 File Type: Resolution Status: Adopted
Version: 0 Reference: R-102-11 Control: Board of County Commissioners
File Name: FLA LEGISLATURE TO INCREASE CRIMINAL PENALTIES Introduced: 12/7/2010
Requester: NONE Cost: Final Action: 2/1/2011
Agenda Date: 2/1/2011 Agenda Item Number: 11A24
Notes: Title: RESOLUTION URGING THE FLORIDA LEGISLATURE TO INCREASE THE CRIMINAL PENALTIES FOR THE USE OF CERTAIN AMMUNITION COMMONLY USED IN ASSAULT WEAPONS DURING THE COMMISSION OF A FELONY
Indexes: LEGISLATURE
Sponsors: Barbara J. Jordan, Prime Sponsor
  Sally A. Heyman, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 2/1/2011 11A24 Adopted P

Board of County Commissioners 1/20/2011 11A6 Deferred 2/1/2011 P

County Manager 1/19/2011 Deferrals 1/20/2011
REPORT: The Prime Sponsor has requested deferral of this item to the February 1, 2011 BCC.

County Attorney 12/7/2010 Assigned Martin W. Sybblis

Legislative Text



TITLE
RESOLUTION URGING THE FLORIDA LEGISLATURE TO INCREASE THE CRIMINAL PENALTIES FOR THE USE OF CERTAIN AMMUNITION COMMONLY USED IN ASSAULT WEAPONS DURING THE COMMISSION OF A FELONY

BODY
WHEREAS, in September 2004, a gunman opened fire on a Miami-Dade County police officer, wounding her and destroying her police car; and
WHEREAS, the ammunition used in that crime is commonly chambered in high capacity assault type weapons; and
WHEREAS, in September 2007, a gunman opened fire on four Miami-Dade Police Officers, killing one and wounding three others; and
WHEREAS, the ammunition used in that crime is commonly chambered in high capacity assault type weapons, and
WHEREAS, in January 2009, a gunman opened fire on a crowd of about 50 people who had gathered at the corner of NW 71st Street and 15th Avenue, killing two people and wounding nine others; and
WHEREAS, the ammunition used in that crime is commonly chambered in high capacity assault type weapons, and
WHEREAS, the lethality of the aforementioned ammunition, especially when used in combination with high capacity assault type weapons, makes it especially desirable to violent criminals; and
WHEREAS, Miami-Dade County and other communities throughout Florida are currently experiencing acts of extreme violence by individuals using ammunition in the following calibers which are commonly chambered in high capacity assault type weapons: 5.56x45 mm (.223), 7.62x51 mm (.308), 7.62x39 mm, and 5.45x39 mm; and
WHEREAS, the commission of felonies using these types of ammunition and other similar rounds, should result in enhanced criminal penalties; and
WHEREAS, such enhanced penalties would not penalize individuals for the lawful use of the foregoing calibers, for purposes including, but not limited to, self-defense, legal hunting, competitive sharp shooting, and use by the military, but would only punish criminal activity,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Urges the Florida Legislature to pass legislation enhancing the penalties for the use of ammunition such as 5.56x45 mm (.223), 7.62x51 mm (.308), 7.62x39 mm, or 5.45x39 mm ammunition and other similar ammunition commonly used in assault weapons, when such ammunition is used in the commission of a felony.
Section 2. Directs the Clerk of the Board to transmit certified copies of this resolution to the Governor, Senate President, House Speaker, and the Chair and Members of the Miami-Dade State Legislative Delegation.
Section 3. Directs the Countyís state lobbyists to advocate for the issue identified in Section 1 above, and directs the Office of Intergovernmental Affairs to include this item in the 2011 state legislative package.



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