House Bill 0137

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    Florida House of Representatives - 1999                 HB 137

        By Representative Bloom






  1                      A bill to be entitled

  2         An act relating to offenses involving use or

  3         possession of firearms by minors; amending s.

  4         790.22, F.S.; relating to certain offenses

  5         involving use or possession of a firearm by a

  6         minor or offenses during the commission of

  7         which the minor possessed a firearm; providing

  8         that possession of a firearm by a minor in

  9         violation of specified provisions constitutes a

10         felony of the third degree instead of a

11         misdemeanor of the first degree; authorizing

12         secure detention for a specified period;

13         providing or revising penalties for specified

14         offenses; requiring secure detention for

15         specified periods, or increasing detention

16         periods imposed, for commission of specified

17         initial, second, or subsequent offenses;

18         providing for performance of community service

19         in a manner involving a hospital emergency room

20         or other medical environment dealing on a

21         regular basis with trauma patients and gunshot

22         wounds; providing that the minor offender may

23         not receive credit for time served before

24         adjudication of certain offenses; reenacting

25         ss. 943.051(3)(b) and 985.212(1)(b), F.S.,

26         relating to criminal justice information and

27         fingerprinting, and s. 985.215(2), F.S.,

28         relating to detention, to incorporate said

29         amendment in references; providing an effective

30         date.

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    Florida House of Representatives - 1999                 HB 137

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  1  Be It Enacted by the Legislature of the State of Florida:

  2

  3         Section 1.  Section 790.22, Florida Statutes, 1998

  4  Supplement, is amended to read:

  5         790.22  Use of BB guns, air or gas-operated guns, or

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

  7  possession of firearms by minor under 18 prohibited;

  8  penalties.--

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

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

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

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

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

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

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

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

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

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

19  commits a misdemeanor of the second degree, punishable as

20  provided in s. 775.082 or s. 775.083.

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

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

23  unless:

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

25  and is:

26         1.  At least 16 years of age; or

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

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

29  competition or practice or other lawful recreational shooting

30  activity and is:

31         1.  At least 16 years of age; or

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

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

  3  guardian.

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

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

  6  paragraph (a) or paragraph (b).

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

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

  9  and willfully permits the minor to possess a firearm in

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

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

12  s. 775.084.

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

14  custodial or noncustodial, or any legal guardian or legal

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

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

17  appropriate, be required to participate in classes on

18  parenting education which are approved by the Department of

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

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

21  court finds it appropriate, require the parent to attend

22  further parent education classes or render community service

23  hours together with the child.

24         (c)  No later than July 1, 1994, the district juvenile

25  justice boards or county juvenile justice councils or the

26  Department of Juvenile Justice shall establish appropriate

27  community service programs to be available to the alternative

28  sanctions coordinators of the circuit courts in implementing

29  this subsection. The boards or councils or department shall

30  propose the implementation of a community service program in

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

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  1  upon approval of the circuit alternative sanctions

  2  coordinator.

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

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

  5  private property with the expressed permission of the property

  6  owner. Any community service provided on private property is

  7  limited to such things as removal of graffiti and restoration

  8  of vandalized property.

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

10  felony misdemeanor of the third first degree; for a first

11  offense, may serve a period of detention of up to 3 days in a

12  secure detention facility;, and, in addition to any other

13  penalty provided by law, shall be required to perform 100

14  hours of community service;, and:

15         1.  If the minor is eligible 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 revoke

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

19  driving privilege for up to 1 year.

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

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

22  shall direct the Department of Highway Safety and Motor

23  Vehicles to extend the period of suspension or revocation by

24  an additional period of up to 1 year.

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

26  driver license or driving privilege, the court shall direct

27  the Department of Highway Safety and Motor Vehicles to

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

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

30  would otherwise have become eligible.

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

  2  serve a period of detention of up to 15 days in a secure

  3  detention facility and shall be required to perform not less

  4  than 100 nor more than 250 hours of community service, and:

  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 of 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  For the purposes of this subsection, community service shall

23  be performed, if possible, in a manner involving a hospital

24  emergency room or other medical environment that deals on a

25  regular basis with trauma patients and gunshot wounds.

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

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

28  enforcement officer and disposed of in accordance with s.

29  790.08(1)-(6).

30

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

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

  3  or exhibition of a firearm.

  4         (8)  Notwithstanding s. 985.213 or s. 985.215(1), if a

  5  minor under 18 years of age is charged with an offense that

  6  involves the use or possession of a firearm, as defined in s.

  7  790.001, including other than a violation of subsection (3),

  8  or is charged for any offense during the commission of which

  9  the minor possessed a firearm, the minor shall be detained in

10  secure detention, unless the state attorney authorizes the

11  release of the minor, and shall be given a hearing within 24

12  hours after being taken into custody. At the hearing, the

13  court may order that the minor continue to be held in secure

14  detention in accordance with the applicable time periods

15  specified in s. 985.215(5), if the court finds that the minor

16  meets the criteria specified in s. 985.215(2), or if the court

17  finds by clear and convincing evidence that the minor is a

18  clear and present danger to himself or herself or the

19  community. The Department of Juvenile Justice shall prepare a

20  form for all minors charged under this subsection that states

21  the period of detention and the relevant demographic

22  information, including, but not limited to, the sex, age, and

23  race of the minor; whether or not the minor was represented by

24  private counsel or a public defender; the current offense; and

25  the minor's complete prior record, including any pending

26  cases. The form shall be provided to the judge to be

27  considered when determining whether the minor should be

28  continued in secure detention under this subsection. An order

29  placing a minor in secure detention because the minor is a

30  clear and present danger to himself or herself or the

31  community must be in writing, must specify the need for

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  1  detention and the benefits derived by the minor or the

  2  community by placing the minor in secure detention, and must

  3  include a copy of the form provided by the department. The

  4  Department of Juvenile Justice must send the form, including a

  5  copy of any order, without client-identifying information, to

  6  the Office of Economic and Demographic Research.

  7         (9)  Notwithstanding s. 985.214, if the minor is found

  8  to have committed an offense that involves the use or

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

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

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

12  minor is not committed to a residential commitment program of

13  the Department of Juvenile Justice, in addition to any other

14  punishment provided by law, the court shall order:

15         (a)  For a first offense, that the minor shall serve a

16  minimum mandatory period of detention of 10 5 days in a secure

17  detention facility; and

18         1.  Perform 100 hours of community service; and.

19         2.  Be committed to the department for placement on

20  community control or in a nonresidential or residential

21  commitment program.

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

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

24  days in a secure detention facility; and

25         1.  Perform not less than 100 nor more than 250 hours

26  of community service; and.

27         2.  Be committed to the department for placement on

28  community control or in a nonresidential or residential

29  commitment program.

30

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  1  The minor shall not receive credit for time served before

  2  adjudication. For the purposes of this subsection, community

  3  service shall be performed, if possible, in a manner involving

  4  a hospital emergency room or other medical environment that

  5  deals on a regular basis with trauma patients and gunshot

  6  wounds.

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

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

  9  penalties in addition to any penalty imposed under paragraph

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

11         (a)  For a first offense:

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

13  driver license or driving privilege, the court shall direct

14  the Department of Highway Safety and Motor Vehicles to revoke

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

16  driving privilege for up to 1 year.

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

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

19  shall direct the Department of Highway Safety and Motor

20  Vehicles to extend the period of suspension or revocation by

21  an additional period for up to 1 year.

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

23  driver license or driving privilege, the court shall direct

24  the Department of Highway Safety and Motor Vehicles to

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

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

27  would otherwise have become eligible.

28         (b)  For a second or subsequent offense:

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

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

  2  driving privilege for up to 2 years.

  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 for up to 2 years.

  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 2 years after the date on which the minor

13  would otherwise have become eligible.

14         Section 2.  For the purpose of incorporating the

15  amendment to section 790.22, Florida Statutes, 1998

16  Supplement, in references thereto, the following sections or

17  subdivisions of Florida Statutes or Florida Statutes, 1998

18  Supplement, are reenacted to read:

19         943.051  Criminal justice information; collection and

20  storage; fingerprinting.--

21         (3)

22         (b)  A minor who is charged with or found to have

23  committed the following misdemeanors shall be fingerprinted

24  and the fingerprints shall be submitted to the department:

25         1.  Assault, as defined in s. 784.011.

26         2.  Battery, as defined in s. 784.03.

27         3.  Carrying a concealed weapon, as defined in s.

28  790.01(1).

29         4.  Unlawful use of destructive devices or bombs, as

30  defined in s. 790.1615(1).

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  1         5.  Negligent treatment of children, as defined in s.

  2  827.05.

  3         6.  Assault or battery on a law enforcement officer, a

  4  firefighter, or other specified officers, as defined in s.

  5  784.07(2)(a) and (b).

  6         7.  Open carrying of a weapon, as defined in s.

  7  790.053.

  8         8.  Exposure of sexual organs, as defined in s. 800.03.

  9         9.  Unlawful possession of a firearm, as defined in s.

10  790.22(5).

11         10.  Petit theft, as defined in s. 812.014(3).

12         11.  Cruelty to animals, as defined in s. 828.12(1).

13         12.  Arson, as defined in s. 806.031(1).

14         985.212  Fingerprinting and photographing.--

15         (1)

16         (b)  A child who is charged with or found to have

17  committed one of the following misdemeanors shall be

18  fingerprinted and the fingerprints shall be submitted to the

19  Department of Law Enforcement as provided in s. 943.051(3)(b):

20         1.  Assault, as defined in s. 784.011.

21         2.  Battery, as defined in s. 784.03.

22         3.  Carrying a concealed weapon, as defined in s.

23  790.01(1).

24         4.  Unlawful use of destructive devices or bombs, as

25  defined in s. 790.1615(1).

26         5.  Negligent treatment of children, as defined in

27  former s. 827.05.

28         6.  Assault on a law enforcement officer, a

29  firefighter, or other specified officers, as defined in s.

30  784.07(2)(a).

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  1         7.  Open carrying of a weapon, as defined in s.

  2  790.053.

  3         8.  Exposure of sexual organs, as defined in s. 800.03.

  4         9.  Unlawful possession of a firearm, as defined in s.

  5  790.22(5).

  6         10.  Petit theft, as defined in s. 812.014.

  7         11.  Cruelty to animals, as defined in s. 828.12(1).

  8         12.  Arson, resulting in bodily harm to a firefighter,

  9  as defined in s. 806.031(1).

10

11  A law enforcement agency may fingerprint and photograph a

12  child taken into custody upon probable cause that such child

13  has committed any other violation of law, as the agency deems

14  appropriate. Such fingerprint records and photographs shall be

15  retained by the law enforcement agency in a separate file, and

16  these records and all copies thereof must be marked "Juvenile

17  Confidential." These records shall not be available for public

18  disclosure and inspection under s. 119.07(1) except as

19  provided in ss. 943.053 and 985.04(5), but shall be available

20  to other law enforcement agencies, criminal justice agencies,

21  state attorneys, the courts, the child, the parents or legal

22  custodians of the child, their attorneys, and any other person

23  authorized by the court to have access to such records. These

24  records may, in the discretion of the court, be open to

25  inspection by anyone upon a showing of cause. The fingerprint

26  and photograph records shall be produced in the court whenever

27  directed by the court. Any photograph taken pursuant to this

28  section may be shown by a law enforcement officer to any

29  victim or witness of a crime for the purpose of identifying

30  the person who committed such crime.

31         985.215  Detention.--

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  1         (2)  Subject to the provisions of subsection (1), a

  2  child taken into custody and placed into nonsecure or home

  3  detention care or detained in secure detention care prior to a

  4  detention hearing may continue to be detained by the court if:

  5         (a)  The child is alleged to be an escapee or an

  6  absconder from a commitment program, a community control

  7  program, furlough, or aftercare supervision, or is alleged to

  8  have escaped while being lawfully transported to or from such

  9  program or supervision.

10         (b)  The child is wanted in another jurisdiction for an

11  offense which, if committed by an adult, would be a felony.

12         (c)  The child is charged with a delinquent act or

13  violation of law and requests in writing through legal counsel

14  to be detained for protection from an imminent physical threat

15  to his or her personal safety.

16         (d)  The child is charged with committing an offense of

17  domestic violence as defined in s. 741.28(1) and is detained

18  as provided in s. 985.213(2)(b)3.

19         (e)  The child is charged with a capital felony, a life

20  felony, a felony of the first degree, a felony of the second

21  degree that does not involve a violation of chapter 893, or a

22  felony of the third degree that is also a crime of violence,

23  including any such offense involving the use or possession of

24  a firearm.

25         (f)  The child is charged with any second degree or

26  third degree felony involving a violation of chapter 893 or

27  any third degree felony that is not also a crime of violence,

28  and the child:

29         1.  Has a record of failure to appear at court hearings

30  after being properly notified in accordance with the Rules of

31  Juvenile Procedure;

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  1         2.  Has a record of law violations prior to court

  2  hearings;

  3         3.  Has already been detained or has been released and

  4  is awaiting final disposition of the case;

  5         4.  Has a record of violent conduct resulting in

  6  physical injury to others; or

  7         5.  Is found to have been in possession of a firearm.

  8         (g)  The child is alleged to have violated the

  9  conditions of the child's community control or aftercare

10  supervision. However, a child detained under this paragraph

11  may be held only in a consequence unit as provided in s.

12  985.231(1)(a)1.c. If a consequence unit is not available, the

13  child shall be placed on home detention with electronic

14  monitoring.

15

16  A child who meets any of these criteria and who is ordered to

17  be detained pursuant to this subsection shall be given a

18  hearing within 24 hours after being taken into custody. The

19  purpose of the detention hearing is to determine the existence

20  of probable cause that the child has committed the delinquent

21  act or violation of law with which he or she is charged and

22  the need for continued detention. Unless a child is detained

23  under paragraph (d), the court shall utilize the results of

24  the risk assessment performed by the juvenile probation

25  officer and, based on the criteria in this subsection, shall

26  determine the need for continued detention. A child placed

27  into secure, nonsecure, or home detention care may continue to

28  be so detained by the court pursuant to this subsection. If

29  the court orders a placement more restrictive than indicated

30  by the results of the risk assessment instrument, the court

31  shall state, in writing, clear and convincing reasons for such

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  1  placement. Except as provided in s. 790.22(8) or in

  2  subparagraph (10)(a)2., paragraph (10)(b), paragraph (10)(c),

  3  or paragraph (10)(d), when a child is placed into secure or

  4  nonsecure detention care, or into a respite home or other

  5  placement pursuant to a court order following a hearing, the

  6  court order must include specific instructions that direct the

  7  release of the child from such placement no later than 5 p.m.

  8  on the last day of the detention period specified in paragraph

  9  (5)(b) or paragraph (5)(c), or subparagraph (10)(a)1.,

10  whichever is applicable, unless the requirements of such

11  applicable provision have been met or an order of continuance

12  has been granted pursuant to paragraph (5)(d).

13         Section 3.  This act shall take effect October 1, 1999.

14

15            *****************************************

16                          HOUSE SUMMARY

17
      Revises the penalties for certain offenses involving use
18    or possession of a firearm by a minor. Provides that
      certain offenses constitute third degree felonies and
19    provides for secure detention for specified periods for a
      first or subsequent offense. Provides for performance of
20    community service in a manner involving a hospital
      emergency room or other medical environment dealing on a
21    regular basis with trauma patients and gunshot wounds.
      Provides that the minor offender may not receive credit
22    for time served before adjudication of certain offenses.

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