HomeMy WebLinkAboutCity of Tamarac Resolution R-98-1141
April 10, 1998
Temp. Reso # 8206
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-98-1/4
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA SUPPORTING HB 3551 UPGRADING THE
CRIME OF DISCHARGING A FIREARM IN ANY PUBLIC PLACE,
ON OR OVER THE RIGHT-OF-WAY OF A PAVED PUBLIC ROAD,
HIGHWAY, OR STREET, OR OVER OCCUPIED PREMISES FROM
A FIRST DEGREE MISDEMEANOR TO A THIRD DEGREE
FELONY; PROVIDING PENALTIES; PROVIDING ENHANCED
PENALTIES FOR HABITUAL OFFENDERS; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the random and reckless discharge of firearms result in serious injuries to
Florida citizens every year; and
WHEREAS, an effective means of preventing firearm violence is to increase penalties; and
WHEREAS, HB 3551 addresses the discharge of firearms in public; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best
interests of the citizens and residents of the City of Tamarac to support HB 3551 upgrading the
crime of discharging a firearm in any public place from a first degree misdemeanor to a third degree
felony.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA:
SECTION 1: That the foregoing "WHEREAS" clauses are hereby ratified and confirmed
as being true and correct and are hereby made a specific part of this Resolution.
SECTION 2: The City of Tamarac supports HB 3551 which upgrades the crime of
discharging a firearm in any public place, on or over the right-of-way of a paved public road,
highway, or street, or over occupied premises from a first degree misdemeanor to a third degree
felony; providing penalties and providing enhanced penalties for habitual offenders. (HB 3551 is
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April 10, 1998
Temp. Reso # 8206
attached hereto as "Exhibit A").
SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed
to the extent of such conflict.
SECTION 4: If any clause, section, other part or application of this Resolution is held by
any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall
not affect the validity of the remaining portions or applications of this Resolution.
SECTION 5: This Resolution shall become effective immediately upon its passage and
adoption.
PASSED, ADOPTED AND APPROVED this 02R
ATT T:
CAROL GOO, CMC/AAE
City Clerk
fHER1B CERTIFY
approv his RffOL,I�T�have
form.
MIT AJELL S.
City A torney
FIREARMS (HB 3551)/rkt
day of 4At4 f�1998.
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JC�E/SCHREIBER
M or
RECORD OF COMMI
MAYOR SCHREIBER
DIST 1:
COMM. McKAYE
DIST 2:
V/M MISHKIN �
DIST 3:
COMM. SULTANOF
DIST 4:
COMM. ROBERTS
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Reso #8206
"EXHIBIT A"
Florida Nouns of Representatives - 1998
By Reprosontative Dawson -White
A bill to be entitled
An act relating to discharging firearms in
public; asvnding r. 740.15, F.S.; reclassifying
from a misdemeanor of the first degree to a
felony of the third degree the offense of
knowingly discharging a firearm in any public
Place, on or over the right-of-way of a paved
Public road, highway, or street, or over
occupied promisesj providing penalties;
Providing enhanced penalties for habitual
offenders; providing exceptions; conforming a
reference; providing an affective date.
H S 3551
180 It Enacted by the Legislature of the State of Florida:
Section 1. Subseetics (1) of section 790.15, Florida
Statutes, is amended to read:
790.13 Discharging firearm in public,--
(1) Except as provided in subsection (2) er-aebaaction
E3i, any person who knowingly discharges a firearm in any
Public place, or on or 9yar the rigbt-of-way of any ,paved
Public road, highway, ar street, or wheseevar-knowingly
discharges-any-firearm-ovsr-the-right-of-way-of-any-paved
Public -road; -highway; -or -street -or over any occupied premises
QRMIAM is -guilty -of a fel98Y misdemeanor of the
thW first
degree, punishable as provided in s. 775.082, or s. 775.083,
This section does not apply to ■ person
lawfully defending life or property or performing official
duties requiring the discharge of a firearm or to a person
discharging a firearm on public roads or properties expressly
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CODING: Deletions are airiokew; additions are underlined.
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Florida !louse of Representatives - 1998
507-159- 98
MB 3531
L approved for hunting by the Cava and Fresh Rotor Fish
CormrissiOa Or Division c! Forestry.
' (2) Any occupant of any vehicle who knowingly and
Willfully discharges any firearm from the vehicle within 1,009
feet of any person commits ■ felony of the second degree,
Punishable an provided in s. 773.082, s. 775.083, or s.
773.084.
(3) Any driver or owner of any vehicle, whether or not
the owner of the vehicle is occupying the vehicle, who
knowingly directs any other parsom to discharge any firearm
from the vehicle commits a felony Of the third degree,
Punishable as provided in s. 773.082, s. 773.043, or a.
773.094.
Section 2. This act shall take effect October 1 of the
year in which enacted.
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HOUSE SUMRX
dlnysOfthftiddhrfiorningly to afoehroaVrr"teoieaafirstdiseh-har i.ng rre
a firr.r i*. eft.. purl14 place, On or over the
i`i9of-++ay of a paved public road, highway, or street,
Or over occupied promises, provides pe
enhanced penalties for habitual ties, including
oflePennalal
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CODING: Deletions are 80Pleken; additions are ��,
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