Miami-Dade Legislative Item
File Number: 110400
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File Number: 110400 File Type: Resolution Status: Adopted
Version: 0 Reference: R-174-11 Control: County Commission
File Name: IMPOSE MIN 5 YRS IMPRISONMENT FOR FELON OF FIREARM Introduced: 2/16/2011
Requester: NONE Cost: Final Action: 3/1/2011
Agenda Date: 3/1/2011 Agenda Item Number: 11A16
Notes: Title: RESOLUTION URGING THE FLORIDA LEGISLATURE TO IMPOSE A MINIMUM TERM OF FIVE (5) YEARS IMPRISONMENT FOR A CONVICTED FELON IN POSSESSION OF A FIREARM
Indexes: LEGISLATURE
Sponsors: Jose "Pepe" Diaz, Prime 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 3/1/2011 11A16 Adopted P

County Manager 2/24/2011 Additions 3/1/2011

County Attorney 2/24/2011 Assigned Jess M. McCarty

Legislative Text


TITLE
RESOLUTION URGING THE FLORIDA LEGISLATURE TO IMPOSE A MINIMUM TERM OF FIVE (5) YEARS IMPRISONMENT FOR A CONVICTED FELON IN POSSESSION OF A FIREARM

BODY
WHEREAS, section 790.23, Florida Statutes, makes it unlawful for a convicted felon to own or have in his or her care, custody, possession or control any firearm, ammunition, or electric weapon or device or to carry a concealed weapon, including a tear gas gun or chemical weapon or device (collectively “a convicted felon in possession of a firearm”); and
WHEREAS, Florida law provides that it is a second degree felony for a convicted felon to possess a firearm or otherwise violate section 790.23; and
WHEREAS, second degree felonies in Florida carry a term of imprisonment of not to exceed 15 years; and
WHEREAS, section 790.23 also provides that if the convicted felon found to be in possession of a firearm currently qualifies or has previously qualified for penalty enhancements for gang-related offenses, then the offense is enhanced to a first-degree felony subject to life in prison; and
WHEREAS, section 775.087, Florida Statutes, provides for a three (3) year mandatory minimum sentence for the possession of a firearm by a convicted felon,
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 amend state law to impose a minimum term of imprisonment of five (5) years for a convicted felon in possession of a firearm.
Section 2. Directs the Clerk of the Board to transmit a certified copy of this resolution to the Governor, Senate President, House Speaker, and the Chair and Members of the Miami-Dade County State Legislative Delegation.
Section 3. Directs the County’s state lobbyists to advocate for the legislation set forth in Section 1 above, and authorizes and directs that the 2011 and 2012 State Legislative Packages be amended to include this item.



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