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





                                                  SENATE AMENDMENT

    Bill No. CS for SB 204

    Amendment No.    

                            CHAMBER ACTION
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10                                                                

11  Senator Silver moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         Delete everything after the enacting clause

15

16  and insert:

17         Section 1.  Section 790.22, Florida Statutes, 1998

18  Supplement, is 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

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 204

    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

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 204

    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  misdemeanor of the first degree; for a first offense, may

25  serve a period of detention of up to 3 days in a secure

26  detention facility;, and, in addition to any other penalty

27  provided by law, shall be required to perform 100 hours of

28  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

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 204

    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 a minor

15  who violates subsection (3) commits a felony of the third

16  degree and shall serve a period of detention of up to 15 days

17  in a secure detention facility and shall be required to

18  perform not less than 100 nor more than 250 hours of community

19  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. CS for SB 204

    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.

 5

 6  For the purposes of this subsection, community service shall

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

 8  emergency room or other medical environment that deals on a

 9  regular basis with 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 or s. 985.215(1), if a

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

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

20  790.001, including other than a violation of subsection (3),

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

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

23  secure detention, unless the state attorney authorizes the

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

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

26  court 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), if the court finds that the minor

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

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

31  clear and present danger to himself or herself or the

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 204

    Amendment No.    





 1  community. The Department of Juvenile Justice shall prepare a

 2  form for all minors charged under this subsection that states

 3  the period of detention and the relevant demographic

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

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

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

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

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

 9  considered when determining whether the minor should be

10  continued in secure detention under this subsection. An order

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

12  clear and present danger to himself or herself or the

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

14  detention and the benefits derived by the minor or the

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

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

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

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

19  the Office of Economic and Demographic Research.

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

21  to have committed an offense that involves the use or

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

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

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

25  minor is not committed to a residential commitment program of

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

27  punishment provided by law, the court shall order:

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

29  minimum mandatory period of detention of 15 5 days in a secure

30  detention facility; and

31         1.  Perform 100 hours of community service; and may.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 204

    Amendment No.    





 1         2.  Be placed on community control or in a

 2  nonresidential commitment program.

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

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

 5  days in a secure detention facility; and

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

 7  of community service; and may.

 8         2.  Be on placed community control or in a

 9  nonresidential commitment program.

10

11  The minor shall not receive credit for time served before

12  adjudication. For the purposes of this subsection, community

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

14  a hospital emergency room or other medical environment that

15  deals on a regular basis with trauma patients and gunshot

16  wounds.

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

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

19  penalties in addition to any penalty imposed under paragraph

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

21         (a)  For a first offense:

22         1.  If the minor is eligible 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 revoke

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

26  driving privilege for up to 1 year.

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

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

29  shall direct the Department of Highway Safety and Motor

30  Vehicles to extend the period of suspension or revocation by

31  an additional period for up to 1 year.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 204

    Amendment No.    





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

 2  driver license or driving privilege, the court shall direct

 3  the Department of Highway Safety and Motor Vehicles to

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

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

 6  would otherwise have become eligible.

 7         (b)  For a second or subsequent offense:

 8         1.  If the minor is eligible 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 revoke

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

12  driving privilege for up to 2 years.

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

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

15  shall direct the Department of Highway Safety and Motor

16  Vehicles to extend the period of suspension or revocation by

17  an additional period for up to 2 years.

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

19  driver license or driving privilege, the court shall direct

20  the Department of Highway Safety and Motor Vehicles to

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

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

23  would otherwise have become eligible.

24         Section 2.  Section 943.051, Florida Statutes, is

25  amended to read:

26         943.051  Criminal justice information; collection and

27  storage; fingerprinting.--

28         (3)

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

30  committed the following offenses misdemeanors shall be

31  fingerprinted and the fingerprints shall be submitted to the

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 204

    Amendment No.    





 1  department:

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

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

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

 5  790.01(1).

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

 7  defined in s. 790.1615(1).

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

 9  827.05.

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

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

12  784.07(2)(a) and (b).

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

14  790.053.

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

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

17  790.22(5).

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

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

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

21         13.  Unlawful possession or discharge or a weapon or

22  firearm at a school-sponsored event or on school property as

23  defined in s. 790.115.

24         Section 3.  Paragraph (b) of subsection (1) of Section

25  985.212, Florida Statutes, is amended to read:

26          985.212  Fingerprinting and photographing.--

27         (1)

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

29  committed one of the following offenses misdemeanors shall be

30  fingerprinted and the fingerprints shall be submitted to the

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

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 204

    Amendment No.    





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

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

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

 4  790.01(1).

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

 6  defined in s. 790.1615(1).

 7         5.  Negligent treatment of children, as defined in

 8  former s. 827.05.

 9         6.  Assault on a law enforcement officer, a

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

11  784.07(2)(a).

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

13  790.053.

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

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

16  790.22(5).

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

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

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

20  as defined in s. 806.031(1).

21         13.  Unlawful possession or discharge of a weapon or

22  firearm at a school-sponsored event or on school property as

23  defined in s. 790.115.

24

25  A law enforcement agency may fingerprint and photograph a

26  child taken into custody upon probable cause that such child

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

28  appropriate. Such fingerprint records and photographs shall be

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

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

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

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 204

    Amendment No.    





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

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

 3  to other law enforcement agencies, criminal justice agencies,

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

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

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

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

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

 9  and photograph records shall be produced in the court whenever

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

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

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

13  the person who committed such crime.

14         Section 4.  Section 790.115, Florida Statutes, is

15  amended to read:

16         790.115  Possessing or discharging weapons or firearms

17  at a school-sponsored event or on school property prohibited;

18  penalties; exceptions.--

19         (1)  A person who exhibits any sword, sword cane,

20  firearm, electric weapon or device, destructive device, or

21  other weapon, including a razor blade, box cutter, or knife,

22  except as authorized in support of school-sanctioned

23  activities, in the presence of one or more persons in a rude,

24  careless, angry, or threatening manner and not in lawful

25  self-defense, at a school-sponsored event or on the grounds or

26  facilities of any school, school bus, or school bus stop, or

27  within 1,000 feet of the real property that comprises a public

28  or private elementary school, middle school, or secondary

29  school, during school hours or during the time of a sanctioned

30  school activity, commits a felony of the third degree,

31  punishable as provided in s. 775.082, s. 775.083, or s.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 204

    Amendment No.    





 1  775.084. This subsection does not apply to the exhibition of a

 2  firearm or weapon on private real property within 1,000 feet

 3  of a school by the owner of such property or by a person whose

 4  presence on such property has been authorized, licensed, or

 5  invited by the owner.

 6         (2)(a)  A person shall not possess any firearm,

 7  electric weapon or device, destructive device, or other

 8  weapon, including a razor blade, box cutter, or knife, except

 9  as authorized in support of school-sanctioned activities, at a

10  school-sponsored event or on the property of any school,

11  school bus, or school bus stop; however, a person may carry a

12  firearm:

13         1.  In a case to a firearms program, class or function

14  which has been approved in advance by the principal or chief

15  administrative officer of the school as a program or class to

16  which firearms could be carried;

17         2.  In a case to a vocational school having a firearms

18  training range; or

19         3.  In a vehicle pursuant to s. 790.25(5); except that

20  school districts may adopt written and published policies that

21  waive the exception in this subparagraph for purposes of

22  student and campus parking privileges.

23

24  For the purposes of this section, "school" means any

25  preschool, elementary school, middle school, junior high

26  school, secondary school, vocational school, or postsecondary

27  school, whether public or nonpublic.

28         (b)  A person who willfully and knowingly possesses any

29  electric weapon or device, destructive device, or other

30  weapon, including a razor blade, box cutter, or knife, except

31  as authorized in support of school-sanctioned activities, in

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 204

    Amendment No.    





 1  violation of this subsection commits a felony of the third

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

 3  s. 775.084.

 4         (c)1.  A person who willfully and knowingly possesses

 5  any firearm in violation of this subsection commits a felony

 6  of the third degree, punishable as provided in s. 775.082, s.

 7  775.083, or s. 775.084.

 8         2.  A person who stores or leaves a loaded firearm

 9  within the reach or easy access of a minor who obtains the

10  firearm and commits a violation of subparagraph 1. commits a

11  misdemeanor of the second degree, punishable as provided in s.

12  775.082 or s. 775.083; except that this does not apply if the

13  firearm was stored or left in a securely locked box or

14  container or in a location which a reasonable person would

15  have believed to be secure, or was securely locked with a

16  firearm-mounted push-button combination lock or a trigger

17  lock; if the minor obtains the firearm as a result of an

18  unlawful entry by any person; or to members of the Armed

19  Forces, National Guard, or State Militia, or to police or

20  other law enforcement officers, with respect to firearm

21  possession by a minor which occurs during or incidental to the

22  performance of their official duties.

23         (d)  A person who discharges any weapon or firearm

24  while in violation of paragraph (a), unless discharged for

25  lawful defense of himself or herself or another or for a

26  lawful purpose, commits a felony of the second degree,

27  punishable as provided in s. 775.082, s. 775.083, or s.

28  775.084.

29         (e)  The penalties of this subsection shall not apply

30  to persons licensed under s. 790.06.  Persons licensed under

31  s. 790.06 shall be punished as provided in s. 790.06(12),

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 204

    Amendment No.    





 1  except that a licenseholder who unlawfully discharges a weapon

 2  or firearm on school property as prohibited by this subsection

 3  commits a felony of the second degree, punishable as provided

 4  in s. 775.082, s. 775.083, or s. 775.084.

 5         (3)  This section does not apply to any law enforcement

 6  officer as defined in s. 943.10(1), (2), (3), (4), (6), (7),

 7  (8), (9), or (14).

 8         (4)  Notwithstanding s. 985.213, s. 985.214, or s.

 9  985.215(1), any minor under 18 years of age who is charged

10  under this section with possessing or discharging a firearm on

11  school property shall be detained in secure detention, unless

12  the state attorney authorizes the release of the minor, and

13  shall be given a probable cause hearing within 24 hours after

14  being taken into custody.  At the hearing, the court may order

15  that the minor continue to be held in secure detention for a

16  period of 21 days, during which time the minor shall receive

17  medical, psychiatric, psychological, or substance abuse

18  examinations pursuant to s. 985.224 and a written report shall

19  be completed.

20         Section 5.  Paragraph (b) of subsection (1) and

21  subsection (2) of section 985.215, Florida Statutes, 1998

22  Supplement, are amended to read:

23         985.215  Detention.--

24         (1)  The juvenile probation officer shall receive

25  custody of a child who has been taken into custody from the

26  law enforcement agency and shall review the facts in the law

27  enforcement report or probable cause affidavit and make such

28  further inquiry as may be necessary to determine whether

29  detention care is required.

30         (b)  The juvenile probation officer shall base the

31  decision whether or not to place the child into secure

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 204

    Amendment No.    





 1  detention care, home detention care, or nonsecure detention

 2  care on an assessment of risk in accordance with the risk

 3  assessment instrument and procedures developed by the

 4  Department of Juvenile Justice under s. 985.213. However, a

 5  child charged with possessing or discharging a firearm on

 6  school property in violation of s. 790.115 shall be placed in

 7  secure detention care.

 8

 9  Under no circumstances shall the juvenile probation officer or

10  the state attorney or law enforcement officer authorize the

11  detention of any child in a jail or other facility intended or

12  used for the detention of adults, without an order of the

13  court.

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

15  child taken into custody and placed into nonsecure or home

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

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

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

19  absconder from a commitment program, a community control

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

21  have escaped while being lawfully transported to or from such

22  program or supervision.

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

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

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

26  violation of law and requests in writing through legal counsel

27  to be detained for protection from an imminent physical threat

28  to his or her personal safety.

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

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

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

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 204

    Amendment No.    





 1         (e)  The child is charged with possession or

 2  discharging a firearm on school property in violation of

 3  790.115.

 4         (f)(e)  The child is charged with a capital felony, a

 5  life felony, a felony of the first degree, a felony of the

 6  second degree that does not involve a violation of chapter

 7  893, or a felony of the third degree that is also a crime of

 8  violence, including any such offense involving the use or

 9  possession of a firearm.

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

11  third degree felony involving a violation of chapter 893 or

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

13  and the child:

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

15  after being properly notified in accordance with the Rules of

16  Juvenile Procedure;

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

18  hearings;

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

20  is awaiting final disposition of the case;

21         4.  Has a record of violent conduct resulting in

22  physical injury to others; or

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

24         (h)(g)  The child is alleged to have violated the

25  conditions of the child's community control or aftercare

26  supervision. However, a child detained under this paragraph

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

28  985.231(1)(a)1.c. If a consequence unit is not available, the

29  child shall be placed on home detention with electronic

30  monitoring.

31

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 204

    Amendment No.    





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

 2  be detained pursuant to this subsection shall be given a

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

 4  purpose of the detention hearing is to determine the existence

 5  of probable cause that the child has committed the delinquent

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

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

 8  under paragraph (d) or paragraph (e), the court shall utilize

 9  the results of the risk assessment performed by the juvenile

10  probation officer and, based on the criteria in this

11  subsection, shall determine the need for continued detention.

12  A child placed into secure, nonsecure, or home detention care

13  may continue to be so detained by the court pursuant to this

14  subsection. If the court orders a placement more restrictive

15  than indicated by the results of the risk assessment

16  instrument, the court shall state, in writing, clear and

17  convincing reasons for such placement. Except as provided in

18  s. 790.22(8) or in subparagraph (10)(a)2., paragraph (10)(b),

19  paragraph (10)(c), or paragraph (10)(d), when a child is

20  placed into secure or nonsecure detention care, or into a

21  respite home or other placement pursuant to a court order

22  following a hearing, the court order must include specific

23  instructions that direct the release of the child from such

24  placement no later than 5 p.m. on the last day of the

25  detention period specified in paragraph (5)(b) or paragraph

26  (5)(c), or subparagraph (10)(a)1., whichever is applicable,

27  unless the requirements of such applicable provision have been

28  met or an order of continuance has been granted pursuant to

29  paragraph (5)(d).

30         Section 6.  Paragraph (a) of subsection (1) of section

31  985.227, Florida Statutes, is amended to read:

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 204

    Amendment No.    





 1         985.227  Prosecution of juveniles as adults by the

 2  direct filing of an information in the criminal division of

 3  the circuit court; discretionary criteria; mandatory

 4  criteria.--

 5         (1)  DISCRETIONARY DIRECT FILE; CRITERIA.--

 6         (a)  With respect to any child who was 14 or 15 years

 7  of age at the time the alleged offense was committed, the

 8  state attorney may file an information when in the state

 9  attorney's judgment and discretion the public interest

10  requires that adult sanctions be considered or imposed and

11  when the offense charged is:

12         1.  Arson;

13         2.  Sexual battery;

14         3.  Robbery;

15         4.  Kidnapping;

16         5.  Aggravated child abuse;

17         6.  Aggravated assault;

18         7.  Aggravated stalking;

19         8.  Murder;

20         9.  Manslaughter;

21         10.  Unlawful throwing, placing, or discharging of a

22  destructive device or bomb;

23         11.  Armed burglary in violation of s. 810.02(2)(b) or

24  specified burglary of a dwelling or structure in violation of

25  s. 810.02(2)(c);

26         12.  Aggravated battery;

27         13.  Lewd or lascivious assault or act in the presence

28  of a child;

29         14.  Carrying, displaying, using, threatening, or

30  attempting to use a weapon or firearm during the commission of

31  a felony; or

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 204

    Amendment No.    





 1         15.  Grand theft in violation of s. 812.014(2)(a); or.

 2         16.  Possessing or discharging any weapon or firearm on

 3  school property in violation of s. 790.115.

 4         Section 7.  This act shall take effect October 1, 1999.

 5

 6

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

 8  And the title is amended as follows:

 9         Delete everything before the enacting clause, title

10

11  and insert:

12                      A bill to be entitled

13         An act relating to weapons and firearms;

14         amending s. 790.22, F.S.; relating to certain

15         offenses involving use or possession of a

16         firearm by a minor or offenses during the

17         commission of which the minor possessed a

18         firearm; authorizing secure detention for a

19         first offense of possession of a firearm by a

20         minor, providing that possession of a firearm

21         by a minor for a second or subsequent offense

22         constitutes a felony of the third degree

23         instead of a misdemeanor of the first degree;

24         authorizing secure detention for a specified

25         period; providing or revising penalties for

26         specified offenses; requiring secure detention

27         for specified periods, or increasing detention

28         periods imposed, for commission of specified

29         initial, second, or subsequent offenses;

30         providing for performance of community service

31         in a manner involving a hospital emergency room

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 204

    Amendment No.    





 1         or other medical environment dealing on a

 2         regular basis with trauma patients and gunshot

 3         wounds; providing that the minor offender may

 4         not receive credit for time served before

 5         adjudication of certain offenses; amending ss.

 6         943.051(3)(b); and 985.212(1)(b), F.S.,

 7         relating to criminal justice information and

 8         fingerprinting; amending s. 790.115, F.S.;

 9         prohibiting the possession or discharging

10         firearms at a school-sponsored event, requiring

11         a minor charged with certain activities to be

12         detained in secure detention; requiring a

13         hearing within a time certain; authorizing a

14         court to order continued secure detention for a

15         certain period; providing requirements for such

16         detention; amending s. 985.215, F.S.; requiring

17         secure detention care placement for a child

18         charged with certain activities; authorizing a

19         court to continue detaining a child charged

20         with certain activities; amending s. 985.227,

21         F.S.; providing for discretionary direct file

22         for the offense of possessing or discharging

23         firearms on school property; providing an

24         effective date.

25

26

27

28

29

30

31

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