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