Florida Senate - 2017 SB 648
By Senator Book
32-00592-17 2017648__
1 A bill to be entitled
2 An act relating to weapons and firearms; amending s.
3 790.115, F.S.; increasing the penalties for a person
4 who exhibits a weapon in a certain way in the presence
5 of one or more persons on or near a school or school
6 activity; increasing the penalties for a person who
7 stores or leaves a loaded firearm within the reach or
8 easy access of a minor who obtains the firearm and
9 commits specified violations; creating criminal
10 penalties for the discharge of a firearm obtained by a
11 minor if a person stores or leaves a loaded firearm
12 within the reach or easy access of such minor;
13 increasing the penalties for a person who discharges a
14 weapon or firearm in violation of a specified
15 provision; amending s. 790.174, F.S.; increasing the
16 penalties for a person who fails to store or leave a
17 firearm in a specified manner and as a result, a minor
18 gains access to the firearm and the minor possesses or
19 exhibits the firearm in a public place or in a
20 specified manner; creating criminal penalties for the
21 discharge of a firearm obtained by the minor if a
22 person violates certain provisions; amending s.
23 790.22, F.S.; creating criminal penalties for an adult
24 who violates specified provisions, resulting in the
25 child exhibiting a weapon in a certain way in the
26 presence of one or more persons on or near a school or
27 school activity; creating criminal penalties for an
28 adult who violates specified provisions, resulting in
29 the discharge of a firearm obtained by a child;
30 amending s. 921.0022, F.S.; conforming provisions to
31 changes made by the act; reenacting s. 409.175(5)(f),
32 F.S., relating to the adoption of a form used by
33 child-placing agencies, to incorporate the amendment
34 made to s. 790.174, F.S., in a reference thereto;
35 providing an effective date.
36
37 Be It Enacted by the Legislature of the State of Florida:
38
39 Section 1. Subsections (1) and (2) of section 790.115,
40 Florida Statutes, are amended to read:
41 790.115 Possessing or discharging weapons or firearms at a
42 school-sponsored event or on school property prohibited;
43 penalties; exceptions.—
44 (1) A person who exhibits any sword, sword cane, firearm,
45 electric weapon or device, destructive device, or other weapon
46 as defined in s. 790.001(13), including a razor blade, box
47 cutter, or common pocketknife, except as authorized in support
48 of school-sanctioned activities, in the presence of one or more
49 persons in a rude, careless, angry, or threatening manner and
50 not in lawful self-defense, at a school-sponsored event or on
51 the grounds or facilities of any school, school bus, or school
52 bus stop, or within 1,000 feet of the real property that
53 comprises a public or private elementary school, middle school,
54 or secondary school, during school hours or during the time of a
55 sanctioned school activity, commits a felony of the second third
56 degree, punishable as provided in s. 775.082, s. 775.083, or s.
57 775.084. This subsection does not apply to the exhibition of a
58 firearm or weapon on private real property within 1,000 feet of
59 a school by the owner of such property or by a person whose
60 presence on such property has been authorized, licensed, or
61 invited by the owner.
62 (2)(a) A person shall not possess any firearm, electric
63 weapon or device, destructive device, or other weapon as defined
64 in s. 790.001(13), including a razor blade or box cutter, except
65 as authorized in support of school-sanctioned activities, at a
66 school-sponsored event or on the property of any school, school
67 bus, or school bus stop; however, a person may carry a firearm:
68 1. In a case to a firearms program, class or function which
69 has been approved in advance by the principal or chief
70 administrative officer of the school as a program or class to
71 which firearms could be carried;
72 2. In a case to a career center having a firearms training
73 range; or
74 3. In a vehicle pursuant to s. 790.25(5); except that
75 school districts may adopt written and published policies that
76 waive the exception in this subparagraph for purposes of student
77 and campus parking privileges.
78
79 For the purposes of this section, “school” means any preschool,
80 elementary school, middle school, junior high school, secondary
81 school, career center, or postsecondary school, whether public
82 or nonpublic.
83 (b) A person who willfully and knowingly possesses any
84 electric weapon or device, destructive device, or other weapon
85 as defined in s. 790.001(13), including a razor blade or box
86 cutter, except as authorized in support of school-sanctioned
87 activities, in violation of this subsection commits a felony of
88 the third degree, punishable as provided in s. 775.082, s.
89 775.083, or s. 775.084.
90 (c)1. A person who willfully and knowingly possesses any
91 firearm in violation of this subsection commits a felony of the
92 third degree, punishable as provided in s. 775.082, s. 775.083,
93 or s. 775.084.
94 2. A person who stores or leaves a loaded firearm within
95 the reach or easy access of a minor who obtains the firearm and
96 commits a violation of subparagraph 1. commits a misdemeanor of
97 the first second degree, punishable as provided in s. 775.082 or
98 s. 775.083; except that this does not apply if the firearm was
99 stored or left in a securely locked box or container or in a
100 location which a reasonable person would have believed to be
101 secure, or was securely locked with a firearm-mounted push
102 button combination lock or a trigger lock; if the minor obtains
103 the firearm as a result of an unlawful entry by any person; or
104 to members of the Armed Forces, National Guard, or State
105 Militia, or to police or other law enforcement officers, with
106 respect to firearm possession by a minor which occurs during or
107 incidental to the performance of their official duties.
108 3. A person who violates subparagraph 2., resulting in the
109 discharge of the firearm obtained by the minor, commits a felony
110 of the third degree, punishable as provided in s. 775.082, s.
111 775.083, or 775.084.
112 (d) A person who discharges any weapon or firearm while in
113 violation of paragraph (a), unless discharged for lawful defense
114 of himself or herself or another or for a lawful purpose,
115 commits a felony of the first second degree, punishable as
116 provided in s. 775.082, s. 775.083, or s. 775.084.
117 (e) The penalties of this subsection shall not apply to
118 persons licensed under s. 790.06. Persons licensed under s.
119 790.06 shall be punished as provided in s. 790.06(12), except
120 that a licenseholder who unlawfully discharges a weapon or
121 firearm on school property as prohibited by this subsection
122 commits a felony of the second degree, punishable as provided in
123 s. 775.082, s. 775.083, or s. 775.084.
124 Section 2. Subsection (2) of section 790.174, Florida
125 Statutes, is amended, subsection (1) is republished, present
126 subsection (3) of that section is redesignated as subsection
127 (4), and a new subsection (3) is added to that section, to read:
128 790.174 Safe storage of firearms required.—
129 (1) A person who stores or leaves, on a premise under his
130 or her control, a loaded firearm, as defined in s. 790.001, and
131 who knows or reasonably should know that a minor is likely to
132 gain access to the firearm without the lawful permission of the
133 minor’s parent or the person having charge of the minor, or
134 without the supervision required by law, shall keep the firearm
135 in a securely locked box or container or in a location which a
136 reasonable person would believe to be secure or shall secure it
137 with a trigger lock, except when the person is carrying the
138 firearm on his or her body or within such close proximity
139 thereto that he or she can retrieve and use it as easily and
140 quickly as if he or she carried it on his or her body.
141 (2) It is a misdemeanor of the first second degree,
142 punishable as provided in s. 775.082 or s. 775.083, if a person
143 violates subsection (1) by failing to store or leave a firearm
144 in the required manner and as a result thereof a minor gains
145 access to the firearm, without the lawful permission of the
146 minor’s parent or the person having charge of the minor, and
147 possesses or exhibits it, without the supervision required by
148 law:
149 (a) In a public place; or
150 (b) In a rude, careless, angry, or threatening manner in
151 violation of s. 790.10.
152
153 This subsection does not apply if the minor obtains the firearm
154 as a result of an unlawful entry by any person.
155 (3) A person who violates subsection (2), resulting in the
156 discharge of the firearm obtained by the minor, commits a felony
157 of the third degree, punishable as provided in s. 775.082, s.
158 775.083, or s. 775.084.
159 Section 3. Subsection (2) and paragraph (a) of subsection
160 (4) of section 790.22, Florida Statutes, are amended to read:
161 790.22 Use of BB guns, air or gas-operated guns, or
162 electric weapons or devices by minor under 16; limitation;
163 possession of firearms by minor under 18 prohibited; penalties.—
164 (2) Any adult responsible for the welfare of any child
165 under the age of 16 years who knowingly permits such child to
166 use or have in his or her possession any BB gun, air or gas
167 operated gun, electric weapon or device, or firearm in violation
168 of the provisions of subsection (1) of this section commits a
169 misdemeanor of the second degree, punishable as provided in s.
170 775.082 or s. 775.083.
171 (a) An adult who violates this subsection, resulting in the
172 child violating s. 790.115(1), commits a misdemeanor of the
173 first degree, punishable as provided in s. 775.082 or s.
174 775.083.
175 (b) An adult who violates this subsection, resulting in the
176 discharge of the firearm obtained by the child, commits a felony
177 of the third degree, punishable as provided in s. 775.082, s.
178 775.083, or s. 775.084.
179 (4)(a) Any parent or guardian of a minor, or other adult
180 responsible for the welfare of a minor, who knowingly and
181 willfully permits the minor to possess a firearm in violation of
182 subsection (3) commits a felony of the third degree, punishable
183 as provided in s. 775.082, s. 775.083, or s. 775.084.
184 1. An adult who violates this paragraph, resulting in the
185 child violating s. 790.115(1), commits a felony of the second
186 degree, punishable as provided in s. 775.082, s. 775.083, or
187 775.084.
188 2. An adult who violates this paragraph, resulting in the
189 discharge of the firearm obtained by the child, commits a felony
190 of the first degree, as punishable in s. 775.082, s. 775.083, or
191 s. 775.084.
192 Section 4. Paragraphs (d) and (f) of subsection (3) of
193 section 921.0022, Florida Statutes, are amended to read:
194 921.0022 Criminal Punishment Code; offense severity ranking
195 chart.—
196 (3) OFFENSE SEVERITY RANKING CHART
197 (d) LEVEL 4
198
199 FloridaStatute FelonyDegree Description
200 316.1935(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.
201 499.0051(1) 3rd Failure to maintain or deliver transaction history, transaction information, or transaction statements.
202 499.0051(5) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
203 517.07(1) 3rd Failure to register securities.
204 517.12(1) 3rd Failure of dealer, associated person, or issuer of securities to register.
205 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc.
206 784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
207 784.075 3rd Battery on detention or commitment facility staff.
208 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
209 784.08(2)(c) 3rd Battery on a person 65 years of age or older.
210 784.081(3) 3rd Battery on specified official or employee.
211 784.082(3) 3rd Battery by detained person on visitor or other detainee.
212 784.083(3) 3rd Battery on code inspector.
213 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
214 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.
215 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
216 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
217 787.07 3rd Human smuggling.
218 790.115(1) 2nd 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
219 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
220 790.115(2)(c) 3rd Possessing firearm on school property.
221 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years.
222 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
223 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
224 810.06 3rd Burglary; possession of tools.
225 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
226 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
227 812.014 (2)(c)4.-10. 3rd Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
228 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
229 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
230 817.568(2)(a) 3rd Fraudulent use of personal identification information.
231 817.625(2)(a) 3rd Fraudulent use of scanning device or reencoder.
232 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
233 837.02(1) 3rd Perjury in official proceedings.
234 837.021(1) 3rd Make contradictory statements in official proceedings.
235 838.022 3rd Official misconduct.
236 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
237 839.13(2)(c) 3rd Falsifying records of the Department of Children and Families.
238 843.021 3rd Possession of a concealed handcuff key by a person in custody.
239 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
240 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
241 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years.
242 874.05(1)(a) 3rd Encouraging or recruiting another to join a criminal gang.
243 893.13(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).
244 914.14(2) 3rd Witnesses accepting bribes.
245 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
246 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
247 918.12 3rd Tampering with jurors.
248 934.215 3rd Use of two-way communications device to facilitate commission of a crime.
249 (f) LEVEL 6
250
251 FloridaStatute FelonyDegree Description
252 316.027(2)(b) 2nd Leaving the scene of a crash involving serious bodily injury.
253 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
254 400.9935(4)(c) 2nd Operating a clinic, or offering services requiring licensure, without a license.
255 499.0051(2) 2nd Knowing forgery of transaction history, transaction information, or transaction statement.
256 499.0051(3) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
257 499.0051(4) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
258 775.0875(1) 3rd Taking firearm from law enforcement officer.
259 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
260 784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
261 784.041 3rd Felony battery; domestic battery by strangulation.
262 784.048(3) 3rd Aggravated stalking; credible threat.
263 784.048(5) 3rd Aggravated stalking of person under 16.
264 784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
265 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
266 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
267 784.081(2) 2nd Aggravated assault on specified official or employee.
268 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
269 784.083(2) 2nd Aggravated assault on code inspector.
270 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
271 790.115(2)(d) 1st 2nd Discharging firearm or weapon on school property.
272 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
273 790.164(1) 2nd False report concerning bomb, explosive, weapon of mass destruction, act of arson or violence to state property, or use of firearms in violent manner.
274 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
275 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
276 794.05(1) 2nd Unlawful sexual activity with specified minor.
277 800.04(5)(d) 3rd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years of age; offender less than 18 years.
278 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
279 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
280 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
281 810.145(8)(b) 2nd Video voyeurism; certain minor victims; 2nd or subsequent offense.
282 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
283 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
284 812.015(9)(a) 2nd Retail theft; property stolen $300 or more; second or subsequent conviction.
285 812.015(9)(b) 2nd Retail theft; property stolen $3,000 or more; coordination of others.
286 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
287 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
288 825.102(1) 3rd Abuse of an elderly person or disabled adult.
289 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
290 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
291 825.103(3)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
292 827.03(2)(c) 3rd Abuse of a child.
293 827.03(2)(d) 3rd Neglect of a child.
294 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
295 836.05 2nd Threats; extortion.
296 836.10 2nd Written threats to kill or do bodily injury.
297 843.12 3rd Aids or assists person to escape.
298 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
299 847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
300 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
301 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
302 944.35(3)(a)2. 3rd Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm.
303 944.40 2nd Escapes.
304 944.46 3rd Harboring, concealing, aiding escaped prisoners.
305 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
306 951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility.
307 Section 5. For the purpose of incorporating the amendment
308 made by this act to section 790.174, Florida Statutes, in a
309 reference thereto, paragraph (f) of subsection (5) of section
310 409.175, Florida Statutes, is reenacted to read:
311 409.175 Licensure of family foster homes, residential
312 child-caring agencies, and child-placing agencies; public
313 records exemption.—
314 (5)
315 (f) The department’s rules shall include adoption of a form
316 to be used by child-placing agencies during an adoption home
317 study that requires all prospective adoptive applicants to
318 acknowledge in writing the receipt of a document containing
319 solely and exclusively the language provided for in s. 790.174
320 verbatim.
321 Section 6. This act shall take effect July 1, 2017.