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RESOLUTION NO.
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A RESOLUTION OF THE CITY COMMISSION URGING THE
LEGISLATURE OF THE STATE OF FLORIDA TO ADOPT A
DILL RELATING TO CRIMINAL PENALTIES FOR DISPLAYING,
USING, THREATENING OR ATTEMPTING TO USE A WEAPON OR
FIREARM OR CARRYING A WEAPON OR FIREARM OR FOR
COMMITTING A BATTERY RESULTING IN BODILY HARM DURING
THE COMMISSION OF A FELONY.
WHEREAS, the incidence of violent crimes within the City of
Miami has been on the increase; and
WHEREAS, the use of firearms and other dangerous weapons has
increased in the perpetration of violent crimes; and
WHEREAS, crimes have been perpetrated with the use of
firearms by persons who have been previously convicted of other
violent crimes or felonies of -pother nature; and
WHEREAS, the City Commission feels that more stringent
penalties are needed to help deter violent crimes perpetrated with
the use of firearms, especially violent crimes committed by persons
who have previously been convicted of felonies; and
WHEREAS, Senate Bill 480 was previously considered by the
Senate Criminal Justice Committee at the last session of the legislature
but was not enacted;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The Legislature of the State of Florida is
hereby urged to adopt Senate Bill 480 providing as follows:
"Section 1. Section 775.085, Florida Statures, is
created to read:
775.085 Possession or use of weapon or battery;
extended terms. --Whenever a person has been convicted
of a felony and the court makes findings as provided
in subsections (1), (2) and (3), the court may extend
the sentence provided for such felony by Sec. 775.082
by an additional term of imprisonment in the state
penitentiary as follows.
(1) When the court finds that during the commission
of such felony, the defendant displayed, used,
threatened or attempted to use any weapon or firearm
or carried any concealed weapon or firearm, the court
may extend the sentence by an additional term not
exceeding 15 years.
(2) When the court finds that during the commission
of such felony, the defendant committed a battery
resulting in bodily harm, the court may extend the
sentence by an additional term not exceeding 15 years.
(3) When the court makes the findings provided in
both subsections (1) and (2) in connection with the
commission of the same felony, the court may extend the
sentence by an additional term not exceeding 30 years.
(4) When the court extends a sentence in accordance
with this section it shall set forth the specific
findings upon which such extended term is based.
Section 2. This act shall take effect upon becoming a
law."
Section 2. The Clerk of the City of Miami is hereby
authorized and directed to transmit a certified copy of this Resolution
to the appropriate Legislative Committee or Committees for considera-
tion by the Legislature of the State of Florida.
PASSED AND ADOPTED this day of9/14, 1973.
PREPARE APPROVED BY:
MIKELE CARTER
Assistant City Attorney
REVIE BY:
ORN S. LLO
Asst. Director
APPROVED AS TO FORM AND CORRECTNESS:
ALAN H. ROTHSTEIN
CITY ATTORNEY
Ch'Y
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NOV 2i1073