| 1 | A bill to be entitled |
| 2 | An act relating to possession of weapons on school |
| 3 | property; amending s. 790.115, F.S.; prohibiting |
| 4 | possession of a common pocketknife, except as |
| 5 | authorized, at a school-sponsored event or on the |
| 6 | property of any school, school bus, or school bus |
| 7 | stop; providing criminal penalties; reenacting s. |
| 8 | 921.0022(3)(d), F.S., relating to the offense severity |
| 9 | ranking chart of the Criminal Punishment Code, to |
| 10 | incorporate the amendments made to s. 790.115, F.S., |
| 11 | in references thereto; providing an effective date. |
| 12 |
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| 13 | Be It Enacted by the Legislature of the State of Florida: |
| 14 |
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| 15 | Section 1. Paragraphs (a) and (b) of subsection (2) of |
| 16 | section 790.115, Florida Statutes, are amended to read: |
| 17 | 790.115 Possessing or discharging weapons or firearms at a |
| 18 | school-sponsored event or on school property prohibited; |
| 19 | penalties; exceptions.- |
| 20 | (2)(a) A person shall not possess any firearm, electric |
| 21 | weapon or device, destructive device, or other weapon as defined |
| 22 | in s. 790.001(13), including a razor blade or box cutter or a |
| 23 | common pocketknife, except as authorized in support of school- |
| 24 | sanctioned activities, at a school-sponsored event or on the |
| 25 | property of any school, school bus, or school bus stop; however, |
| 26 | a person may carry a firearm: |
| 27 | 1. In a case to a firearms program, class, or function |
| 28 | which has been approved in advance by the principal or chief |
| 29 | administrative officer of the school as a program or class to |
| 30 | which firearms could be carried; |
| 31 | 2. In a case to a career center having a firearms training |
| 32 | range; or |
| 33 | 3. In a vehicle pursuant to s. 790.25(5),; except that |
| 34 | school districts may adopt written and published policies that |
| 35 | waive the exception in this subparagraph for purposes of student |
| 36 | and campus parking privileges. |
| 37 |
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| 38 | For the purposes of this section, "school" means any preschool, |
| 39 | elementary school, middle school, junior high school, secondary |
| 40 | school, career center, or postsecondary school, whether public |
| 41 | or nonpublic. |
| 42 | (b) A person who willfully and knowingly possesses any |
| 43 | electric weapon or device, destructive device, or other weapon |
| 44 | as defined in s. 790.001(13), including a razor blade or box |
| 45 | cutter or a common pocketknife, except as authorized in support |
| 46 | of school-sanctioned activities, in violation of this subsection |
| 47 | commits a felony of the third degree, punishable as provided in |
| 48 | s. 775.082, s. 775.083, or s. 775.084. |
| 49 | Section 2. For the purpose of incorporating the amendment |
| 50 | made by this act to section 790.115, Florida Statutes, in a |
| 51 | reference thereto, paragraph (d) of subsection (3) of section |
| 52 | 921.0022, Florida Statutes, is reenacted to read: |
| 53 | 921.0022 Criminal Punishment Code; offense severity |
| 54 | ranking chart.- |
| 55 | (3) OFFENSE SEVERITY RANKING CHART |
| 56 | (d) LEVEL 4 |
| 57 |
|
| | | Florida Statute | Felony Degree | Description |
|
| 58 |
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| | | 316.1935(3)(a) | 2nd | Driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated. |
|
| 59 |
|
| | | 499.0051(1) | 3rd | Failure to maintain or deliver pedigree papers. |
|
| 60 |
|
| | | 499.0051(2) | 3rd | Failure to authenticate pedigree papers. |
|
| 61 |
|
| | | 499.0051(6) | 2nd | Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs. |
|
| 62 |
|
| | | 784.07(2)(b) | 3rd | Battery of law enforcement officer, firefighter, etc. |
|
| 63 |
|
| | | 784.074(1)(c) | 3rd | Battery of sexually violent predators facility staff. |
|
| 64 |
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| | | 784.075 | 3rd | Battery on detention or commitment facility staff. |
|
| 65 |
|
| | | 784.078 | 3rd | Battery of facility employee by throwing, tossing, or expelling certain fluids or materials. |
|
| 66 |
|
| | | 784.08(2)(c) | 3rd | Battery on a person 65 years of age or older. |
|
| 67 |
|
| | | 784.081(3) | 3rd | Battery on specified official or employee. |
|
| 68 |
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| | | 784.082(3) | 3rd | Battery by detained person on visitor or other detainee. |
|
| 69 |
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| | | 784.083(3) | 3rd | Battery on code inspector. |
|
| 70 |
|
| | | 784.085 | 3rd | Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials. |
|
| 71 |
|
| | | 787.03(1) | 3rd | Interference with custody; wrongly takes minor from appointed guardian. |
|
| 72 |
|
| | | 787.04(2) | 3rd | Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings. |
|
| 73 |
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| | | 787.04(3) | 3rd | Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person. |
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| 74 |
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| | | 790.115(1) | 3rd | Exhibiting firearm or weapon within 1,000 feet of a school. |
|
| 75 |
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| | | 790.115(2)(b) | 3rd | Possessing electric weapon or device, destructive device, or other weapon on school property. |
|
| 76 |
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| | | 790.115(2)(c) | 3rd | Possessing firearm on school property. |
|
| 77 |
|
| | | 800.04(7)(c) | 3rd | Lewd or lascivious exhibition; offender less than 18 years. |
|
| 78 |
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| | | 810.02(4)(a) | 3rd | Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery. |
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| 79 |
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| | | 810.02(4)(b) | 3rd | Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery. |
|
| 80 |
|
| | | 810.06 | 3rd | Burglary; possession of tools. |
|
| 81 |
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| | | 810.08(2)(c) | 3rd | Trespass on property, armed with firearm or dangerous weapon. |
|
| 82 |
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| | | 812.014(2)(c)3. | 3rd | Grand theft, 3rd degree $10,000 or more but less than $20,000. |
|
| 83 |
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| | | 812.014 (2)(c)4.-10. | 3rd | Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc. |
|
| 84 |
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| | | 812.0195(2) | 3rd | Dealing in stolen property by use of the Internet; property stolen $300 or more. |
|
| 85 |
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| | | 817.563(1) | 3rd | Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs. |
|
| 86 |
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| | | 817.568(2)(a) | 3rd | Fraudulent use of personal identification information. |
|
| 87 |
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| | | 817.625(2)(a) | 3rd | Fraudulent use of scanning device or reencoder. |
|
| 88 |
|
| | | 828.125(1) | 2nd | Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle. |
|
| 89 |
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| | | 837.02(1) | 3rd | Perjury in official proceedings. |
|
| 90 |
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| | | 837.021(1) | 3rd | Make contradictory statements in official proceedings. |
|
| 91 |
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| | | 838.022 | 3rd | Official misconduct. |
|
| 92 |
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| | | 839.13(2)(a) | 3rd | Falsifying records of an individual in the care and custody of a state agency. |
|
| 93 |
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| | | 839.13(2)(c) | 3rd | Falsifying records of the Department of Children and Family Services. |
|
| 94 |
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| | | 843.021 | 3rd | Possession of a concealed handcuff key by a person in custody. |
|
| 95 |
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| | | 843.025 | 3rd | Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication. |
|
| 96 |
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| | | 843.15(1)(a) | 3rd | Failure to appear while on bail for felony (bond estreature or bond jumping). |
|
| 97 |
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| | | 847.0135(5)(c) | 3rd | Lewd or lascivious exhibition using computer; offender less than 18 years. |
|
| 98 |
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| | | 874.05(1) | 3rd | Encouraging or recruiting another to join a criminal gang. |
|
| 99 |
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| | | 893.13(2)(a)1. | 2nd | Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)4. drugs). |
|
| 100 |
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| | | 914.14(2) | 3rd | Witnesses accepting bribes. |
|
| 101 |
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| | | 914.22(1) | 3rd | Force, threaten, etc., witness, victim, or informant. |
|
| 102 |
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| | | 914.23(2) | 3rd | Retaliation against a witness, victim, or informant, no bodily injury. |
|
| 103 |
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| | | 918.12 | 3rd | Tampering with jurors. |
|
| 104 |
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| | | 934.215 | 3rd | Use of two-way communications device to facilitate commission of a crime. |
|
| 105 |
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| 106 | Section 3. This act shall take effect July 1, 2012. |