HomeMy WebLinkAboutDocumentation_Regular_Tab 10A_2/8/1996 RESOLUTION NO. 15-9 5/9 6
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY,
FLORIDA, URGING THE PALM BEACH COUNTY
DELEGATION TO SUPPORT H.B. #173 AND S.B. #16
IN AN EFFORT TO AMEND FLORIDA'S FELONY/MURDER
STATUTE TO INCLUDE THE ACT OF VEHICULAR HIT
AND RUN AMONG THE ENUMERATED OFFENSES OF SAID
STATUTE; PROVIDING AN EFFECTIVE DATE; AND FOR
OTHER PURPOSES.
WHEREAS, Section 316.027, Florida Statutes, requires the
driver of any vehicle involved in an accident resulting in the
injury of any person to immediately stop the vehicle and render aid
as well as requiring the immediate reporting of the accident to the
local police authority; and
WHEREAS, failure to comply with Section 316. 027, Florida
Statutes, may result in the death of an injured person due to the
injured person being unable to receive medical attention in a
timely manner; and
WHEREAS, a death resulting from the carelessness and neglect
of a hit and run driver is more appropriately viewed as a homicide.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, as follows:
Section 1. The Village Council does hereby urge the Palm
Beach County Legislative Delegation to support House Bill #173 and
Senate Bill #16 in an effort to amend Florida's felony/murder
statute (Section 782.04, Florida Statutes) to include the act of
vehicular hit and run among the enumerated offenses of said
statute.
Section 2. This Resolution shall become effective
immediately upon passage.
THE FOREGOING RESOLUTION was offered by Councilmember
, who moved its adoption. The Resolution
was seconded by Councilmember and upon
being put to a vote, the vote was as follows:
FOR ADOPTION AGAINST ADOPTION
The Mayor thereupon declared the Resolution duly passed and
adopted this day of , 1996.
MAYOR OF TEQUESTA
Ron T. Mackail
ATTEST:
Village Clerk
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Post Office Box 3273 • 357 Tequesta Drive
Tequesta, Florida 33469-0273 • (407) 575.6200 ,
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January 16, 1996
William H . Wagner
Mayor
Town of Lake Park
535 Park Avenue
Lake Park, Florida 33403
Re: Tequesta Resolution in Support of HB173 and SB16
Dear Mayor Wagner:
This is in response to your letter of December 13, 1995,
regarding the above referenced subject.
At their meeting on January 11, 1996, the Village Council
requested that I communicate to you their intentions in regard to
this matter. It is the present intention of the Village Council
to consider a resolution in support of HB173 and SB16 at their
meeting on February 8, 1996 . Upon adoption of the same, the
Village Council resolution will be forwarded to the members of
the Palm Beach County Legislative Delegation urging their support
of the same.
Should you have any questions in regard to this important matter,
please feel free to contact me at your convenience.
Sincerely,
.
Thomas G. Bradford
Village Manager
TGB/cm
c: Village Council
John C. Randolph, Village Attorney
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OFFICE OF MAYOR
WILLIAM H. WAGNER
Mayor
December 13, 1995
Mayor Ron T. Mackail
Village of Tequesta
P.O. Box 3273
Tequesta, FL 33469-0273
Re: Resolution in support of H.B.#173&S.B.#16; "Hit& Run"
Dear Mayor Mackail: if/kit
Enclosed is a package of background information on the "Hit& Run" accident which killed my seventeen year old son,
Derrick,on 6th Avenue South,in Lake Worth July.31, 1990;and,the events that followed. Also included is a copy of Lake
Park Resolution#46- 1995,which requests the Palm Beach County Legislative Delegation to"Unanimously Co-sponsor"
the aforementioned bills in the 1996 legislative session.
This letter is a personal appeal from me to you and your commission to pass a similar resolution.
I appeared before the delegation yesterday and they agreed to consider my request at their next meeting. The Senate
sponsor is Senator Robert Wexler, and the House sponsor is Representative Bill Andrews.
I attended the League of Cities Legislative Concerns Meeting in Tampa on November 16th & 17th where the bills were
recommended by the Criminal Justice Committee to the League and it was adopted as one of the League's Priorities for the
coming session.
I believe that the problem which exists in Florida today,is an unforseen effect of the increased penalties for DUI enacted in
the late 1980%. As the penalty is significantly less for"Hit&Run"than under the DUI statutes,The"Bad Guys"run away in
hopes of avoiding capture and punishment. If they are subsequently caught(within the 3 year Statute of Limitations)the
average time served is only approximately 12 months. The killer of Gail Bjork's daughter,Lisa,served only eleven months.
This proposed legislation amends the "Felony Murder Statues" to include "Hit & Run" and eliminates the Statute of
Limitations.
Even though there is strong evidence to support the allegations against the suspect in Derrick's case, no evidence was
brought forth until the Statute of imitations had expired. This legislation will not be retroactive against the suspect in his case.
But,I believe the more stringent laws will cause the"Bad Guys"to stop and call for aid within the"Golden Thirty Minutes"in
which treatment can save a significant number of lives that are currently lost because of the"Runaways." This is a personal
crusade of mine and I will appreciate any su rt which you can provide.
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Sincerely, i �� ' `a /11GQ •t-
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William H."Will"Wagner �G-C '
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