31 RESOLUTION NO. ___ _
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3 A Resolution directing the City Manager and the South Miami Police
4 Department to create regulations for the procurement of firearms,
5 ammunition, and firearm accessories from responsible manufacturers,
6 distributors, and retailers.
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8 WHEREAS, Florida Department of Law Enforcement data show that firearms are
9 used in 72 percent of homicides in Florida; and
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11 WHEREAS, 721 gun murders were committed III Florida in 2012 alone, an
12 increase of 44 percent since 2000; and
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14 WHEREAS, a 2000 report released by the Bureau of Alcohol, Tobacco, Firearms
15 and Explosives (ATF) indicated that many guns used in crime are obtained directly from
16 federally licensed gun dealers, which are one of the largest sources of illegally trafficked
17 guns; and
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19 WHEREAS, guns often fall into criminal hands through "straw purchases," in
20 which a friend or family member of a criminal purchases a gun and passes it along; and
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22 WHEREAS, a recent study published in the Journal of Public Policy and
23 Marketing finds that responsible practices by gun manufacturers, distributors, and retailers
24 helps to prevent guns from falling into criminal hands and leads to a lower incidence of
25 guns recovered from the scenes of violent crimes; and
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27 WHEREAS, The South Miami Police Department has the duty to preserve the
28 public peace, prevent crime, detect and arrest offenders, and protect the rights of persons
29 and property in accordance with the laws of this state and the ordinances of this county;
30 and
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32 WHEREAS, The South Miami Police Department is committed to integrity,
33 ethical conduct and truthfulness in all relationships, and believes these core values are
34 promoted through a policy designed to ensure that its officers use firearms purchased from
35 responsible manufacturers, distributors, and retailers; and
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37 WHEREAS, the South Miami City Commission, as the governing body of the
38 South Miami Police Department, has a duty to provide guidelines for the purchasing of
39 equipment by its Police Department; and
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41 WHEREAS, Florida Statute, Section 790.33 (4) (b) authorizes a duly organized
42 law enforcement agency to enact and enforce regulations pertaining to firearms,
43 ammunition, or firearm accessories issued to or used by peace officers in the course of
44 their official duties.
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46 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
47 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT:
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Section 1. The City Commission hereby directs the City Manager and the
South Miami Police Department ("SMPD") to create regulations to (a) further the goals
described above by requiring that every bidder who submits to the procurement process
for firearms, ammunition, or firearm accessories of the SMPD submit, as part of its bid, a
written report detailing the company's efforts and practices in combating gun violence and
the illegal transfer of guns. This report shall include, but shall not be limited to, the
company's practices for the sale, transfer, transport, and marketing of such products; (b)
take into consideration the efforts and practices implemented by bidders to combat gun
trafficking and the illegal transfer of guns when awarding the bids.
Section 2. If any section clause, sentence, or phrase of this resolution is for
any reason held invalid or unconstitutional by a court of competent jurisdiction, the
holding shall not affect the validity of the remaining portions of this resolution.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this __ day of _____ , 2014.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
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APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Edmond:
Commissioner Liebman:
Commissioner Welsh: