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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 1 1 2 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 SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict.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. � 1 .-, _ 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 • i 7 9 10 11 12 13 14 1S 16 17 IS 19 20 21 22 23 24 25 26 27 28 29 30 31 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 1 CODING: Deletions are airiokew; additions are underlined. r E 7 a 9 10 11 12 13 14 is 16 17 is 19 20 21 22 23 24 25 26 27 28 29 30 31 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. xsxx*xxxxa�xa�:xxxxxxsx�rxxxsxssx*xxs*xsss:x 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 2 CODING: Deletions are 80Pleken; additions are ��, •