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





                                                  SENATE AMENDMENT

    Bill No. CS/HB 3713

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
                                   .
                                   .
 1                                 .
                                   .
 2                                 .
                                   .
 3                                 .
                                   .
 4                                                                

 5

 6

 7

 8

 9

10                                                                

11  Senator Silver moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 5, between lines 17 and 18,

15

16  insert:

17         Section 4.  Section 790.22, Florida Statutes, is

18  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         (1)  The use for any purpose whatsoever of BB guns, air

24  or gas-operated guns, or electric weapons or devices, by any

25  minor under the age of 16 years is prohibited unless such use

26  is under the supervision and in the presence of an adult who

27  is acting with the consent of the minor's parent.

28         (2)  Any adult responsible for the welfare of any child

29  under the age of 16 years who knowingly permits such child to

30  use or have in his or her possession any BB gun, air or

31  gas-operated gun, electric weapon or device, or firearm in

                                  1
    5:19 PM   04/27/98                              h3713c1c-38m0a




                                                  SENATE AMENDMENT

    Bill No. CS/HB 3713

    Amendment No.    





 1  violation of the provisions of subsection (1) of this section

 2  commits a misdemeanor of the second degree, punishable as

 3  provided in s. 775.082 or s. 775.083.

 4         (3)  A minor under 18 years of age may not possess a

 5  firearm, other than an unloaded firearm at his or her home,

 6  unless:

 7         (a)  The minor is engaged in a lawful hunting activity

 8  and is:

 9         1.  At least 16 years of age; or

10         2.  Under 16 years of age and supervised by an adult.

11         (b)  The minor is engaged in a lawful marksmanship

12  competition or practice or other lawful recreational shooting

13  activity and is:

14         1.  At least 16 years of age; or

15         2.  Under 16 years of age and supervised by an adult

16  who is acting with the consent of the minor's parent or

17  guardian.

18         (c)  The firearm is unloaded and is being transported

19  by the minor directly to or from an event authorized in

20  paragraph (a) or paragraph (b).

21         (4)(a)  Any parent or guardian of a minor, or other

22  adult responsible for the welfare of a minor, who knowingly

23  and willfully permits the minor to possess a firearm in

24  violation of subsection (3) commits a felony of the third

25  degree, punishable as provided in s.  775.082, s. 775.083, or

26  s. 775.084.

27         (b)  Any natural parent or adoptive parent, whether

28  custodial or noncustodial, or any legal guardian or legal

29  custodian of a minor, if that minor possesses a firearm in

30  violation of subsection (3) may, if the court finds it

31  appropriate, be required to participate in classes on

                                  2
    5:19 PM   04/27/98                              h3713c1c-38m0a




                                                  SENATE AMENDMENT

    Bill No. CS/HB 3713

    Amendment No.    





 1  parenting education which are approved by the Department of

 2  Juvenile Justice, upon the first conviction of the minor. Upon

 3  any subsequent conviction of the minor, the court may, if the

 4  court finds it appropriate, require the parent to attend

 5  further parent education classes or render community service

 6  hours together with the child.

 7         (c)  No later than July 1, 1994, The district juvenile

 8  justice boards or county juvenile justice councils or the

 9  Department of Juvenile Justice shall establish appropriate

10  community service programs to be available to the alternative

11  sanctions coordinators of the circuit courts in implementing

12  this subsection. The boards or councils or department shall

13  propose the implementation of a community service program in

14  each circuit, and may submit a circuit plan, to be implemented

15  upon approval of the circuit alternative sanctions

16  coordinator.

17         (d)  For the purposes of this section, community

18  service may be provided on public property as well as on

19  private property with the expressed permission of the property

20  owner. Any community service provided on private property is

21  limited to such things as removal of graffiti and restoration

22  of vandalized property.

23         (5)(a)  A minor who violates subsection (3) commits a

24  felony of the third misdemeanor of the first degree, and, for

25  a first offense, shall serve a mandatory period of detention

26  of 5 days in a secure detention facility in addition to any

27  other penalty provided by law, shall be required to perform

28  100 hours of community service, and:

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

30  driver license or driving privilege, the court shall direct

31  the Department of Highway Safety and Motor Vehicles to revoke

                                  3
    5:19 PM   04/27/98                              h3713c1c-38m0a




                                                  SENATE AMENDMENT

    Bill No. CS/HB 3713

    Amendment No.    





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

 2  driving privilege for up to 1 year.

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

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

 5  shall direct the Department of Highway Safety and Motor

 6  Vehicles to extend the period of suspension or revocation by

 7  an additional period of up to 1 year.

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

 9  driver license or driving privilege, the court shall direct

10  the Department of Highway Safety and Motor Vehicles to

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

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

13  would otherwise have become eligible.

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

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

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

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

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

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

20  driver license or driving privilege, the court shall direct

21  the Department of Highway Safety and Motor Vehicles to revoke

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

23  driving privilege for up to 2 years.

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

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

26  shall direct the Department of Highway Safety and Motor

27  Vehicles to extend the period of suspension or revocation by

28  an additional period of up to 2 years.

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

30  driver license or driving privilege, the court shall direct

31  the Department of Highway Safety and Motor Vehicles to

                                  4
    5:19 PM   04/27/98                              h3713c1c-38m0a




                                                  SENATE AMENDMENT

    Bill No. CS/HB 3713

    Amendment No.    





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

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

 3  would otherwise have become eligible.

 4

 5  Any community service ordered under this subsection shall, if

 6  possible, be performed in conjunction with a hospital

 7  emergency room or other medical facility that regularly treats

 8  trauma patients and gunshot wounds.

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

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

11  enforcement officer and disposed of in accordance with s.

12  790.08(1)-(6).

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

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

15  or exhibition of a firearm.

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

17  985.215(1) s. 39.044(1), if a minor under 18 years of age is

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

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

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

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

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

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

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

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

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

27  detention in accordance with the applicable time periods

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

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

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

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

                                  5
    5:19 PM   04/27/98                              h3713c1c-38m0a




                                                  SENATE AMENDMENT

    Bill No. CS/HB 3713

    Amendment No.    





 1  himself or herself or the community. The Department of

 2  Juvenile Justice shall prepare a form for all minors charged

 3  under this subsection that states the period of detention and

 4  the relevant demographic information, including, but not

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

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

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

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

 9  provided to the judge to be considered when determining

10  whether the minor should be continued in secure detention

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

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

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

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

15  minor or the community by placing the minor in secure

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

17  department. The Department of Juvenile Justice must send the

18  form, including a copy of any order, without

19  client-identifying information, to the Division of Economic

20  and Demographic Research of the Joint Legislative Management

21  Committee.

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

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

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

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

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

27  minor is not committed to a residential commitment program of

28  the Department of Juvenile Justice Health and Rehabilitative

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

30  the court shall order:

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

                                  6
    5:19 PM   04/27/98                              h3713c1c-38m0a




                                                  SENATE AMENDMENT

    Bill No. CS/HB 3713

    Amendment No.    





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

 2  detention facility and perform 100 hours of community service.

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

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

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

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

 7  250 hours of community service.

 8

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

10  adjudication. Any community service ordered under this

11  subsection shall, if possible, be performed in conjunction

12  with a hospital emergency room or other medical facility that

13  regularly treats trauma patients and gunshot wounds.

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

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

16  penalties in addition to any penalty imposed under paragraph

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

18         (a)  For a first offense:

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

20  driver license or driving privilege, the court shall direct

21  the Department of Highway Safety and Motor Vehicles to revoke

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

23  driving privilege for up to 1 year.

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

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

26  shall direct the Department of Highway Safety and Motor

27  Vehicles to extend the period of suspension or revocation by

28  an additional period for up to 1 year.

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

30  driver license or driving privilege, the court shall direct

31  the Department of Highway Safety and Motor Vehicles to

                                  7
    5:19 PM   04/27/98                              h3713c1c-38m0a




                                                  SENATE AMENDMENT

    Bill No. CS/HB 3713

    Amendment No.    





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

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

 3  would otherwise have become eligible.

 4         (b)  For a second or subsequent offense:

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

 6  driver license or driving privilege, the court shall direct

 7  the Department of Highway Safety and Motor Vehicles to revoke

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

 9  driving privilege for up to 2 years.

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

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

12  shall direct the Department of Highway Safety and Motor

13  Vehicles to extend the period of suspension or revocation by

14  an additional period for up to 2 years.

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

16  driver license or driving privilege, the court shall direct

17  the Department of Highway Safety and Motor Vehicles to

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

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

20  would otherwise have become eligible.

21

22  (Redesignate subsequent sections.)

23

24

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

26  And the title is amended as follows:

27         On page 1, line 2, delete that line

28

29  and insert:

30         An act relating to firearms; amending s.

31         790.22, F.S.; providing an enhanced penalty for

                                  8
    5:19 PM   04/27/98                              h3713c1c-38m0a




                                                  SENATE AMENDMENT

    Bill No. CS/HB 3713

    Amendment No.    





 1         the unlawful possession of a firearm by a

 2         minor; requiring that a minor who commits such

 3         offense serve a mandatory period of detention

 4         in a secure detention facility in addition to

 5         certain other sanctions; providing requirements

 6         for the community service that a court orders a

 7         minor to perform as a sanction for unlawfully

 8         possessing a firearm or for committing an

 9         offense that involves the use or possession of

10         a firearm;

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  9
    5:19 PM   04/27/98                              h3713c1c-38m0a