18-13RESOLUTION NO. 18-13
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, ENCOURAGING THE STATE LEGISLATURE
TO CLARIFY THE PROPER APPLICATION AND USE OF
FLORIDA STATUTE CHAPTER 776 PROVIDING FOR
JUSTIFIABLE USE OF FORCE; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on July 19, 2018, Mr. Michael Drejka shot and killed Mr. Markeis
McGlockton in Clearwater, Florida; in a dispute initiated by Mr. Drejka over the use of a
handicap parking space; and
WHEREAS, a determination was made by the Pinellas Sheriffs office that Mr.
Drejka was immune from arrest based on Sections 776.012 and 776.032(4), of the
Florida Stand Your Ground Law; and
WHEREAS, this determination has resulted in uncertainty and concern in our
community, as to the interpretation and application of the Stand Your Ground Law; and
WHEREAS, confusion as to application of the Stand Your Ground Law creates
an atmosphere in which firearms may be used in an inappropriate manner and allow for
disproportionate responses of self-defense, thereby creating a danger to the community
as a whole; and
WHEREAS, the State Legislature is in position to address the confusion
provided for in the law by clarifying its intended application regarding the party raising
the stand your ground defense; and
WHEREAS, the State Legislature is also in position to clarify the process for
making immunity determinations that arise under these circumstances; and
WHEREAS, providing such clarification would create a safer community by
assuring proper implementation of the Stand Your Ground Law, and discourage
disproportionate responses to minor incidents as exemplified by the death of Markeis
McGlockton; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The Clearwater City Council requests the State Legislature to
reconsider Senator Darryl Rouson's call for a special session of the State Legislature in
order to consider and review making changes to Chapter 776 of the Florida Statutes.
Section 2. The City Council supports the State Legislature making changes to
the Stand Your Ground Law in order to clarify its application, and to remove any
Resolution No. 18-13
protection for those who intentionally provoke confrontation, and/or respond
disproportionally with deadly force.
Section 3. The City Council supports making changes to the Stand Your
Ground Law in order to clarify citizens' rights and responsibilities when exercising their
rights under the Stand Your Ground Law.
Section 4. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 14th day of August, 2018.
Approved ato form:
Pamela K. Akin
City Attorney
-ctur Ltt\cr At45
George N. Cretekos
Mayor
2 Resolution No. 18-13