Miami-Dade Legislative Item
File Number: 132246
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File Number: 132246 File Type: Resolution Status: Adopted
Version: 0 Reference: R-951-13 Control: Board of County Commissioners
File Name: STAND YOUR GROUND LAW Introduced: 11/6/2013
Requester: NONE Cost: Final Action: 11/19/2013
Agenda Date: 11/19/2013 Agenda Item Number: 11A1
Notes: Title: RESOLUTION SUPPORTING SB 270, HB 293 OR SIMILAR LEGISLATION THAT WOULD (I) REQUIRE AN OVERT ACT BEFORE FLORIDA’S STAND YOUR GROUND LAW CAN BE INVOKED, AND (II) CREATE AN EXCEPTION TO FLORIDA’S STAND YOUR GROUND LAW IF A CHILD OR BYSTANDER WHO IS NOT AFFILIATED WITH THE OVERT ACT IS INJURED
Indexes: STAND YOUR GROUND LAW
Sponsors: Jean Monestime, Prime Sponsor
  Audrey M. Edmonson, Co-Sponsor
  Barbara J. Jordan, 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 11/19/2013 11A1 Adopted P

County Attorney 11/6/2013 Assigned Jess M. McCarty 11/12/2013

Legislative Text



TITLE
RESOLUTION SUPPORTING SB 270, HB 293 OR SIMILAR LEGISLATION THAT WOULD (I) REQUIRE AN OVERT ACT BEFORE FLORIDA’S STAND YOUR GROUND LAW CAN BE INVOKED, AND (II) CREATE AN EXCEPTION TO FLORIDA’S STAND YOUR GROUND LAW IF A CHILD OR BYSTANDER WHO IS NOT AFFILIATED WITH THE OVERT ACT IS INJURED

BODY
WHEREAS, Senator Dwight Bullard (D–Cutler Bay) has filed SB 270 and Representative Cynthia Stafford (D - Opa Locka) has filed HB 293 for consideration during the 2014 session of the Florida Legislature related to Florida’s Stand Your Ground law, section 776.013, Florida Statutes; and
WHEREAS, SB 270 and HB 293 would not repeal Florida’s Stand Your Ground law, but would instead make two key revisions to the law; it would:
1. Require an overt act before the Stand Your Ground law can be invoked; and
2. Create an exception if a child or bystander who is not affiliated with the overt act is injured; and

WHEREAS, Florida’s Stand Your Ground law currently does not require an overt act by the attacker before Florida’s Stand Your Ground law can be invoked by a person who is being attacked; and
WHEREAS, instead, the Stand Your Ground law currently provides that the person who is being attacked only has to reasonably believe that it is necessary to meet force with force, including deadly force, to prevent death or great bodily harm, or to prevent the commission of a forcible felony, but no over act by the attacker is required; and
WHEREAS, SB 270 and HB 293 would amend Florida’s Stand Your Ground law to require the attacker to commit an overt act before Stand Your Ground can be invoked; and
WHEREAS, SB 270 and HB 293 would make a second change to Florida’s Stand Your Ground law by creating an additional exception to the law; and
WHEREAS, currently, Florida’s Stand Your Ground law only provides one exception from civil or criminal liability, which is related to a law enforcement officer; and
WHEREAS, the exception applies if the person against whom force is used is a law enforcement officer acting in his or her official duties and either (i) the officer identifies him or herself as such, or (ii) the person using force knew or reasonably should have known that the person was a law enforcement officer; and
WHEREAS, SB 270 and HB 293 would amend Florida’s Stand Your Ground law to provide a second exception if a child or bystander who is not affiliated with the overt act is injured; and
WHEREAS, the changes included in SB 270 and HB 293 to Florida’s Stand Your Ground law would:
1. Require an overt act by an attacker for someone to use Florida’s Stand Your Ground law as a defense; and

2. Ensure that the law does not provide immunity from civil or criminal liability when a child or bystander who is not affiliated with any overt act is injured; and

WHEREAS, this Board urges the Florida Legislature to make the modifications to Florida’s Stand Your Ground law that are proposed in SB 270 and HB 293,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Supports SB 270, HB 293, or similar legislation that would:
a. Require an overt act before Florida’s Stand Your Ground law can be invoked; and

b. Eliminate the immunity from liability provided by Florida’s Stand Your Ground law if a child or bystander who is not affiliated with the overt act is injured.

Section 2. Urges the Florida Legislature to enact SB 270, HB 293 or similar legislation.
Section 3. Directs the Clerk of the Board to transmit certified copies of this resolution to the Governor, Senate President, House Speaker, Senator Dwight Bullard, Representative Cynthia Stannford and the Chair and Remaining Members of the Miami-Dade County State Legislative Delegation.
Section 4. Directs the County’s state lobbyists to advocate the passage of the legislation identified in Sections 1 and 2 above, and directs the Office of Intergovernmental Affairs to include this item in the 2014 State Legislative Package when it is presented to the Board.




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