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HomeMy Public PortalAbout12-8377 Stand Your Ground Sponsored by: Commissioner T. Holmes RESOLUTION NO. 12-8377 A RESOLUTION. OF THE CITY COMMISION OF THE CITY OF OPA-LOCKA, FLORIDA, URGING THE FLORIDA LEGISLATURE TO CONVENE HEARINGS RELATING TO THE "STAND YOUR GROUND" LAW AND TO REPEAL THE LAW; SUPPORTING GOVERNOR SCOTT'S TASK FORCE ON CITIZEN SAFETY AND PROTECTION; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Trayvon Martin, a 17 year old African-American and 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 Resolution No. 12-8377 WHEREAS, the "Stand Your Ground" Law (Florida Statutes, Section 776.013) 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 incidents are decisively 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 unevenly applied thereby creating difficulties for law enforcement 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 dangers at the time of the law's enactment; and Resolution No. 12-8377 WHEREAS, there is an urgent and obvious need for the Florida Legislature to review the "Stand Your Ground" Law, for its assertion in incidents like Trayvon Martin's shooting was certainly not imagined as possible when the law was passed; 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; and WHEREAS, Miami-Dade County Commissioner Barbara J. Jordan has sponsored identical legislation and in solidarity we should do the same; and NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. The recitals to the preamble are hereby incorporated by reference. Section 2. Urges the Florida Legislature to convene hearings relating to the "Stand Your Ground" Law and repeal the law. Section 3. Supports Governor Scott's Task Force on Citizen Safety and Protection. Section 4. 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 5. Directs the City's state lobbyists to advocate for the issue identified in Sections 1 and 2 above. Section 6. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 28th day of March, 2012. /` RA , YLOR MA OR Resolution No. 12-8377 4testto: • J 1 arena Flores I' terim City Clerk Approved as to form and legal sufficiency: ki • ■ Jose i h S. �r w eller Cit/Atto Ii ey Moved by: VICE MAYOR JOH SON Seconded by: COMMISSIONER HOLMES Commission Vote: 5-0 Commissioner Holmes: YES Commissioner Miller: YES Commissioner Tydus: YES Vice-Mayor Johnson: YES Mayor Taylor: YES