CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. SB 2090

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
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10                                                                

11  Senator Silver moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 2, between lines 9 and 10,

15

16  insert:

17         Section 2.  Subsections (5), (6), (7), (8), (9), and

18  (10) of section 790.22, Florida Statutes, are amended to read:

19         790.22  Use of BB guns, air or gas-operated guns, or

20  electric weapons or devices by minor under 16; limitation;

21  possession of firearms by minor under 18 prohibited;

22  penalties.--

23         (5)(a)  A minor who possesses a firearm on school

24  property or at a school-sponsored event violates subsection

25  (3) commits a felony of the third misdemeanor of the first

26  degree, and, for a first offense, shall serve a mandatory

27  period of detention of 5 days in a secure detention facility

28  in addition to any other penalty provided by law, shall be

29  required to perform 100 hours of community service, and:

30         1.  If the minor is eligible by reason of age for a

31  driver license or driving privilege, the court shall direct

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                                                  SENATE AMENDMENT

    Bill No. SB 2090

    Amendment No.    





 1  the Department of Highway Safety and Motor Vehicles to revoke

 2  or to withhold issuance of the minor's driver license or

 3  driving privilege for up to 1 year.

 4         2.  If the minor's driver license or driving privilege

 5  is under suspension or revocation for any reason, the court

 6  shall direct the Department of Highway Safety and Motor

 7  Vehicles to extend the period of suspension or revocation by

 8  an additional period of up to 1 year.

 9         3.  If the minor is ineligible by reason of age for a

10  driver license or driving privilege, the court shall direct

11  the Department of Highway Safety and Motor Vehicles to

12  withhold issuance of the minor's driver license or driving

13  privilege for up to 1 year after the date on which the minor

14  would otherwise have become eligible.

15         (b)  For a second or subsequent offense, the minor

16  shall serve a mandatory period of detention of at least 10

17  days but not more than 30 days in a secure detention facility,

18  shall be required to perform at least not less than 100 hours

19  but not nor more than 250 hours of community service, and:

20         1.  If the minor is eligible by reason of age for a

21  driver license or driving privilege, the court shall direct

22  the Department of Highway Safety and Motor Vehicles to revoke

23  or to withhold issuance of the minor's driver license or

24  driving privilege for up to 2 years.

25         2.  If the minor's driver license or driving privilege

26  is under suspension or revocation for any reason, the court

27  shall direct the Department of Highway Safety and Motor

28  Vehicles to extend the period of suspension or revocation by

29  an additional period of up to 2 years.

30         3.  If the minor is ineligible by reason of age for a

31  driver license or driving privilege, the court shall direct

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                                                  SENATE AMENDMENT

    Bill No. SB 2090

    Amendment No.    





 1  the Department of Highway Safety and Motor Vehicles to

 2  withhold issuance of the minor's driver license or driving

 3  privilege for up to 2 years after the date on which the minor

 4  would otherwise have become eligible.

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 6  Any community service ordered under this subsection shall, if

 7  possible, be performed in conjunction with a hospital

 8  emergency room or other medical facility that regularly treats

 9  trauma patients and gunshot wounds.

10         (6)  Any firearm that is possessed or used by a minor

11  in violation of this section shall be promptly seized by a law

12  enforcement officer and disposed of in accordance with s.

13  790.08(1)-(6).

14         (7)  The provisions of this section are supplemental to

15  all other provisions of law relating to the possession, use,

16  or exhibition of a firearm.

17         (8)  Notwithstanding s. 985.213 s. 39.042 or s.

18  985.215(1) s. 39.044(1), if a minor under 18 years of age is

19  charged with an offense that involves the use or possession of

20  a firearm, as defined in s. 790.001, including other than a

21  violation of subsection (3), or is charged for any offense

22  during the commission of which the minor possessed a firearm,

23  the minor shall be detained in secure detention, unless the

24  state attorney authorizes the release of the minor, and shall

25  be given a hearing within 24 hours after being taken into

26  custody. Effective April 15, 1994, At the hearing, the court

27  may order that the minor continue to be held in secure

28  detention in accordance with the applicable time periods

29  specified in s. 985.215(5) s. 39.044(5), if the court finds

30  that the minor meets the criteria specified in s. 985.215(2)

31  s. 39.044(2), or if the court finds by clear and convincing

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                                                  SENATE AMENDMENT

    Bill No. SB 2090

    Amendment No.    





 1  evidence that the minor is a clear and present danger to

 2  himself or herself or the community. The Department of

 3  Juvenile Justice shall prepare a form for all minors charged

 4  under this subsection that states the period of detention and

 5  the relevant demographic information, including, but not

 6  limited to, the sex, age, and race of the minor; whether or

 7  not the minor was represented by private counsel or a public

 8  defender; the current offense; and the minor's complete prior

 9  record, including any pending cases. The form shall be

10  provided to the judge to be considered when determining

11  whether the minor should be continued in secure detention

12  under this subsection. An order placing a minor in secure

13  detention because the minor is a clear and present danger to

14  himself or herself or the community must be in writing, must

15  specify the need for detention and the benefits derived by the

16  minor or the community by placing the minor in secure

17  detention, and must include a copy of the form provided by the

18  department. The Department of Juvenile Justice must send the

19  form, including a copy of any order, without

20  client-identifying information, to the Division of Economic

21  and Demographic Research of the Joint Legislative Management

22  Committee.

23         (9)  Notwithstanding s. 985.214 s. 39.043, if the minor

24  is found to have committed an offense that involves the use or

25  possession of a firearm, as defined in s. 790.001, other than

26  a violation of subsection (3), or an offense during the

27  commission of which the minor possessed a firearm, and the

28  minor is not committed to a residential commitment program of

29  the Department of Juvenile Justice Health and Rehabilitative

30  Services, in addition to any other punishment provided by law,

31  the court shall order:

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                                                  SENATE AMENDMENT

    Bill No. SB 2090

    Amendment No.    





 1         (a)  For a first offense, that the minor serve a

 2  mandatory period of detention of 15 5 days in a secure

 3  detention facility and perform 100 hours of community service.

 4         (b)  For a second or subsequent offense, that the minor

 5  serve a mandatory period of detention of at least 21 10 days

 6  but not more than 3 months in a secure detention facility and

 7  perform at least not less than 100 hours but not nor more than

 8  250 hours of community service.

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10  The minor may not shall receive credit for time served before

11  adjudication. Any community service ordered under this

12  subsection shall, if possible, be performed in conjunction

13  with a hospital emergency room or other medical facility that

14  regularly treats trauma patients and gunshot wounds.

15         (10)  If a minor is found to have committed an offense

16  under subsection (9), the court shall impose the following

17  penalties in addition to any penalty imposed under paragraph

18  (9)(a) or paragraph (9)(b):

19         (a)  For a first offense:

20         1.  If the minor is eligible by reason of age for a

21  driver license or driving privilege, the court shall direct

22  the Department of Highway Safety and Motor Vehicles to revoke

23  or to withhold issuance of the minor's driver license or

24  driving privilege for up to 1 year.

25         2.  If the minor's driver license or driving privilege

26  is under suspension or revocation for any reason, the court

27  shall direct the Department of Highway Safety and Motor

28  Vehicles to extend the period of suspension or revocation by

29  an additional period for up to 1 year.

30         3.  If the minor is ineligible by reason of age for a

31  driver license or driving privilege, the court shall direct

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                                                  SENATE AMENDMENT

    Bill No. SB 2090

    Amendment No.    





 1  the Department of Highway Safety and Motor Vehicles to

 2  withhold issuance of the minor's driver license or driving

 3  privilege for up to 1 year after the date on which the minor

 4  would otherwise have become eligible.

 5         (b)  For a second or subsequent offense:

 6         1.  If the minor is eligible by reason of age for a

 7  driver license or driving privilege, the court shall direct

 8  the Department of Highway Safety and Motor Vehicles to revoke

 9  or to withhold issuance of the minor's driver license or

10  driving privilege for up to 2 years.

11         2.  If the minor's driver license or driving privilege

12  is under suspension or revocation for any reason, the court

13  shall direct the Department of Highway Safety and Motor

14  Vehicles to extend the period of suspension or revocation by

15  an additional period for up to 2 years.

16         3.  If the minor is ineligible by reason of age for a

17  driver license or driving privilege, the court shall direct

18  the Department of Highway Safety and Motor Vehicles to

19  withhold issuance of the minor's driver license or driving

20  privilege for up to 2 years after the date on which the minor

21  would otherwise have become eligible.

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23  (Redesignate subsequent sections.)

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26  ================ T I T L E   A M E N D M E N T ===============

27  And the title is amended as follows:

28         On page 1, line 7, after the semicolon

29

30  and insert:

31         amending s. 790.22, F.S.; providing an enhanced

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                                                  SENATE AMENDMENT

    Bill No. SB 2090

    Amendment No.    





 1         penalty for the unlawful possession of a

 2         firearm by a minor; requiring that a minor who

 3         commits such offense serve a mandatory period

 4         of detention in a secure detention facility in

 5         addition to certain other sanctions; providing

 6         requirements for the community service that a

 7         court orders a minor to perform as a sanction

 8         for unlawfully possessing a firearm or for

 9         committing an offense that involves the use or

10         possession of a firearm;

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