Miami-Dade Legislative Item
File Number: 120633
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File Number: 120633 File Type: Resolution Status: Adopted
Version: 0 Reference: R-322-12 Control: Board of County Commissioners
File Name: CONVENE HEARINGS AND REPEAL STAND YOUR GROUND LAW - Introduced: 3/28/2012
Requester: NONE Cost: Final Action: 4/3/2012
Agenda Date: 4/3/2012 Agenda Item Number: 11A13
Notes: Title: RESOLUTION URGING THE FLORIDA LEGISLATURE TO CONVENE HEARINGS RELATED TO THE ''STAND YOUR GROUND'' LAW AND TO REPEAL THE LAW; SUPPORTING GOVERNOR SCOTT’S TASK FORCE ON CITIZEN SAFETY AND PROTECTION
Indexes: LEGISLATURE
Sponsors: Barbara J. Jordan, Prime Sponsor
  Audrey M. Edmonson, Co-Sponsor
  Dennis C. Moss, 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 4/3/2012 11A13 Adopted P
REPORT: It was moved by Commissioner Sosa that the foregoing proposed resolution be adopted. This motion was seconded by Commissioner Diaz, and upon being put to a vote, passed by a vote of 10-0 (Chairman Martinez and Commissioner(s) Bovo, and Moss were absent). Later in the meeting, Commissioner Moss asked that this Item be reconsidered so that he could vote on the resolution. It was moved by Commissioner Diaz that the resolution be reconsidered. This motion was seconded by Commissioner Sosa, and upon being put to a vote, passed by a vote of 12-0; (Chairman Martinez was absent). It was then moved by Commissioner Jordan that the foregoing proposed resolution be adopted. This motion was seconded by Commissioner Diaz, and upon being put to a vote, passed by a vote of 12-0; (Chairman Martinez was absent). Commissioner Moss asked to be listed as a co-sponsor to this resolution.

County Attorney 3/28/2012 Assigned Michael B. Valdes

Legislative Text


TITLE
RESOLUTION URGING THE FLORIDA LEGISLATURE TO CONVENE HEARINGS RELATED TO THE “STAND YOUR GROUND” LAW AND TO REPEAL THE LAW; SUPPORTING GOVERNOR SCOTT’S TASK FORCE ON CITIZEN SAFETY AND PROTECTION

BODY
WHEREAS, Trayvon Martin, a 17 year old African-American resident of Miami-Dade County, was needlessly shot and killed by George Zimmerman on February 26, 2012; and
WHEREAS, reports indicate that George Zimmerman ignored instructions by a police dispatcher to stop following Trayvon Martin, who was unarmed and holding a bag of Skittles candy at the time of the incident; and
WHEREAS, these events have already prompted Governor Scott to appoint Lt. Governor Jennifer Carroll to lead the Task Force on Citizen Safety and Protection, which is tasked with investigating the Trayvon Martin shooting and recommending action to ensure that a tragedy such as this does not occur in the future; and
WHEREAS, the United States Department of Justice’s Civil Rights Division has also launched an investigation into this incident as a potential hate crime; and
WHEREAS, Seminole County has announced that a grand jury will be impaneled to investigate this case as well; and
WHEREAS, George Zimmerman has not yet been charged with any crime upon his assertion of self-defense under Florida’s “Stand Your Ground” law; and
WHEREAS, the “Stand Your Ground” Law, Section 776.013(3), Florida Statutes, was enacted by the Florida Legislature in 2005; and
WHEREAS, the “Stand Your Ground” law states that a person has “no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony;” and
WHEREAS, there have been 130 incidents in Florida since the “Stand Your Ground” law was passed in 2005 and such incidents are on the rise as 37 of those incidents have occurred just over the last 18 months; and
WHEREAS, more than 70 percent of those cases resulted in a fatality; and
WHEREAS, a majority of the cases involving a fatality did not result in any criminal charges being filed; and
WHEREAS, the Trayvon Martin shooting has tragically brought national attention to the issues inherent with Florida’s “Stand Your Ground” law; and
WHEREAS, the language of the statute is overly broad and inconsistently applied thereby creating difficulties for law enforcement officers and state attorneys to investigate and prosecute incidents when the law is raised as a defense; and
WHEREAS, this incident highlights the fundamental concerns regarding racial profiling that can arise when individuals assert the “Stand Your Ground” law as a defense; and
WHEREAS, the National District Attorneys Association, the Florida Prosecuting Attorneys Association, and various state attorneys and police chiefs openly criticized the law and warned of many of these very dangers at the time of the law’s enactment; and
WHEREAS, there is an urgent need for the Florida Legislature to review the “Stand Your Ground” law; and
WHEREAS, repeal of this law is required to effectively ensure that all citizens are entitled to feel safe and protected and that similar tragedies do not occur,
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 convene hearings related to the “Stand Your Ground” Law and repeal the law.
Section 2. Supports Governor Scott’s Task Force on Citizen Safety and Protection.
Section 3. Directs the Clerk of the Board to transmit certified copies of the resolution to the Governor, the Senate President, the House Speaker, and the Chair and Members of the Miami-Dade State Legislative Delegation.
Section 4. Directs the County’s state lobbyists to advocate for the issue identified in Section 1 and 2 above, and authorizes and directs the Office of Intergovernmental Affairs to amend the 2012 state legislative package to include this item and to include this item in the 2013 state legislative package.



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