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11/20/73
RESOLUTION NO. 73 "" fib 3
A RESOLUTION URGING THE LEGISLATURE OF
THE STATE OF FLORIDA TO ENACT THE BILL
DESIGNATED AS HOUSE BILL 115 AND SENATE
BILL 82, CO -SPONSORED BY STATE SENATOR
GEORGE FIRESTONE AND STATE REPRESENTATIVE
BARRY KUTUN; AND AUTHORIZING AND DIRECT-
ING THE CLERK OF THE CITY OF MIAMI TO
TRANSMIT A CERTIFIED COPY OF THIS RESOLUTION
TO THE CO-SPONSORS OF THE AFORESAID BILL
IN THE FLORIDA LEGISLATURE AND TO THE
APPROPRIATE LEGISLATIVE COMMITTEES.
WHEREAS, the incidence of violent crimes within the
City of Miami has reached alarming proportions; and
WHEREAS, the use of firearms and other dangerous
weapons is frequently used in the perpetration of violent
crimes; and
WHEREAS, on numerous occasions, crimes are perpetrated
with the use of firearms by persons who have been previously
convicted of other violent crimes or felonies of another nature;
and
WHEREAS, it clearly appears that more stringent
penalties are needed to deter violent crimes perpetrated with
the use of firearms, especially violent crimes committed by
persons who have previously been convicted of other felonies;
WHEREAS, State Senator George Firestone and State
Representative Barry Kutun, as co-sponsors, have filed for
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and
CITY •
NOV .:
I P.:. 73 - 933
consideration by the nett session of the State Legislature a
bill designated as House Bill 115 and Senate Bill 82, which
provides as follows:
790.23 Felons; possession of firearms and
other weapons unlawful; exception, penalty.--
(1) It is unlawful for any person who has
been convicted of a felony involving the use of a
firearm, destructive device or weapon as defined in
S790. 001(4) , (6) and (13) in the courts of this
state or the United States, or in any other state,
territory, or country if punishable by imprison-
ment for a term exceeding one (1) year to own or
have in his care, custody, possession or control
any firearm, destructive device or weapon as
defined in S790.001(2) and (3) (a) and (b).
(2) It is unlawful for any person who has been
convicted of a felony other than those enumerated
in subsection (1) of this section in the courts of
this state or of a crime against the United States
which is designated as a felony or convicted of an
offense in any other state, territory, or country
punishable by imprisonment for a term exceeding
one (1) year to own or to have in his care, custody,
possession or control any firearm or to carry a
concealed weapon, including all tear gas guns and
chemical weapons or devices.
(3) Subsection (2) shall not apply to a person
convicted of a felony whose civil rights have been
restored.
(4) Any person convicted of violation subsection
(1) of this section is guilty of a felony of the
second degree, punishable as provided in S775.084,
and shall serve a minimum sentence of five (5) years.
Any person convicted of violating subsection (2) of
this section is guilty of a felony of the third
degree, punishable as provided in §775.082, S775.083
or S775.084.
Section 2. This act shall take effect on
October 1, 1974.
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NOW, WHEREFORE, BE tT RESOLVED BY THE COMMISSION
OF THB CITY OP MIAMI, PLORIDAt
Section 1. The Legislature of the State of Florida is
hereby urged to enact the bill designated as House Bill 115 and
Senate Bill 82, co -sponsored by State Senator George Firestone
and State Representative Barry Kutun.
Section 2. The Clerk of the City of Miami is hereby
authorized and directed to transmit a certified copy of this
resolution to the co-sponsors of the aforesaid bill in the
Florida Legislature and to the appropriate legislative committees.
PASSED AND ADOPTED this% day of 0,44:l7341• 60
1973.
PREPARED AND APPROVED BY:
I, 'X, A 7,?zi. •
JOHN S. LLOYD, City Attorney
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