Senate Bill 0204

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    Florida Senate - 1999                                   SB 204

    By Senator Silver





    38-140A-99

  1                      A bill to be entitled

  2         An act relating to the unlawful possession of a

  3         firearm by a minor; amending s. 790.22, F.S.;

  4         providing that it is a third-degree felony for

  5         a minor to possess a firearm on school property

  6         or at a school-sponsored event; requiring that

  7         a minor who commits such offense serve a

  8         mandatory period of detention in a secure

  9         detention facility in addition to certain other

10         sanctions; providing requirements for the

11         community service that a court orders a minor

12         to perform as a sanction for possessing a

13         firearm on school property or for committing an

14         offense that involves the use or possession of

15         a firearm; requiring schools to notify students

16         in writing that possessing a firearm on school

17         property or at a school-sponsored event is a

18         violation of state law; providing that,

19         notwithstanding other laws, the state attorney

20         has discretion in prosecuting a child as an

21         adult for a violation of s. 790.22(5); amending

22         ss. 943.051, 985.212, F.S., relating to the

23         fingerprinting of a minor; revising provisions

24         to conform to changes made by the act;

25         providing an effective date.

26

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

28

29         Section 1.  Section 790.22, Florida Statutes, 1998

30  Supplement, is amended to read:

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  1         790.22  Use of BB guns, air or gas-operated guns, or

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

  3  possession of firearms by minor under 18 prohibited;

  4  penalties.--

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

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

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

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

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

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

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

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

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

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

15  commits a misdemeanor of the second degree, punishable as

16  provided in s. 775.082 or s. 775.083.

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

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

19  unless:

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

21  and is:

22         1.  At least 16 years of age; or

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

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

25  competition or practice or other lawful recreational shooting

26  activity and is:

27         1.  At least 16 years of age; or

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

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

30  guardian.

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

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

  3  paragraph (a) or paragraph (b).

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

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

  6  and willfully permits the minor to possess a firearm in

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

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

  9  s. 775.084.

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

11  custodial or noncustodial, or any legal guardian or legal

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

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

14  appropriate, be required to participate in classes on

15  parenting education which are approved by the Department of

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

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

18  court finds it appropriate, require the parent to attend

19  further parent education classes or render community service

20  hours together with the child.

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

22  justice boards or county juvenile justice councils or the

23  Department of Juvenile Justice shall establish appropriate

24  community service programs to be available to the alternative

25  sanctions coordinators of the circuit courts in implementing

26  this subsection. The boards or councils or department shall

27  propose the implementation of a community service program in

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

29  upon approval of the circuit alternative sanctions

30  coordinator.

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

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

  3  private property with the expressed permission of the property

  4  owner. Any community service provided on private property is

  5  limited to such things as removal of graffiti and restoration

  6  of vandalized property.

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

  8  property or at a school-sponsored event violates subsection

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

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

11  period of detention of 20 days in a secure detention facility

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

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

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

15  driver license or driving privilege, the court shall direct

16  the Department of Highway Safety and Motor Vehicles to revoke

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

18  driving privilege for up to 1 year.

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

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

21  shall direct the Department of Highway Safety and Motor

22  Vehicles to extend the period of suspension or revocation by

23  an additional period of up to 1 year.

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

25  driver license or driving privilege, the court shall direct

26  the Department of Highway Safety and Motor Vehicles to

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

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

29  would otherwise have become eligible.

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

31  shall serve a mandatory period of detention of at least 20

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  1  days but not more than 50 days in a secure detention facility,

  2  shall be required to perform at least 150 hours but not not

  3  less than 100 nor more than 250 hours of community service,

  4  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  Any community service ordered under this subsection shall, if

23  possible, be performed in conjunction with a hospital

24  emergency room or other medical facility that regularly treats

25  trauma patients and gunshot wounds.

26         (c)  At the beginning of every school year each

27  elementary and secondary school in the state, whether public

28  or nonpublic, shall provide notice to each student that it is

29  unlawful to possess a firearm on school property or at a

30  school-sponsored event. The notice must be in writing and

31  clearly indicate that this prohibition is imposed by a state

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  1  law that carries severe penalties and is not imposed merely by

  2  school policy. The notice must be signed by the child's parent

  3  or legal guardian and retained by the school in the child's

  4  records.

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

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

  7  enforcement officer and disposed of in accordance with s.

  8  790.08(1)-(6).

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

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

11  or exhibition of a firearm. However, notwithstanding s.

12  985.226(2)(b) or s. 985.227(2), the state attorney need not

13  request that a child be prosecuted as an adult for a violation

14  of subsection (5) if the state attorney determines that it is

15  in the best interest of the child and the public to prosecute

16  the child as a juvenile.

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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  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 serve a

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

30  detention facility and perform 100 hours of community service.

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

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

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

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

  5  250 hours of community service.

  6

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

  8  adjudication. Any community service ordered under this

  9  subsection shall, if possible, be performed in conjunction

10  with a hospital emergency room or other medical facility that

11  regularly treats trauma patients and gunshot wounds.

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

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

14  penalties in addition to any penalty imposed under paragraph

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

16         (a)  For a first offense:

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

18  driver license or driving privilege, the court shall direct

19  the Department of Highway Safety and Motor Vehicles to revoke

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

21  driving privilege for up to 1 year.

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

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

24  shall direct the Department of Highway Safety and Motor

25  Vehicles to extend the period of suspension or revocation by

26  an additional period for up to 1 year.

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

28  driver license or driving privilege, the court shall direct

29  the Department of Highway Safety and Motor Vehicles to

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

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

  2  would otherwise have become eligible.

  3         (b)  For a second or subsequent offense:

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

  5  driver license or driving privilege, the court shall direct

  6  the Department of Highway Safety and Motor Vehicles to revoke

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

  8  driving privilege for up to 2 years.

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

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

11  shall direct the Department of Highway Safety and Motor

12  Vehicles to extend the period of suspension or revocation by

13  an additional period for up to 2 years.

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

15  driver license or driving privilege, the court shall direct

16  the Department of Highway Safety and Motor Vehicles to

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

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

19  would otherwise have become eligible.

20         Section 2.  Paragraph (b) of subsection (3) of section

21  943.051, Florida Statutes, 1998 Supplement, is amended to

22  read:

23         943.051  Criminal justice information; collection and

24  storage; fingerprinting.--

25         (3)

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

27  committed the following offenses misdemeanors shall be

28  fingerprinted and the fingerprints shall be submitted to the

29  department:

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

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

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

  2  790.01(1).

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

  4  defined in s. 790.1615(1).

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

  6  827.05.

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

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

  9  784.07(2)(a) and (b).

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

11  790.053.

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

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

14  790.22(5).

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

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

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

18         Section 3.  Paragraph (b) of subsection (1) of section

19  985.212, Florida Statutes, is amended to read:

20         985.212  Fingerprinting and photographing.--

21         (1)

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

23  committed one of the following offenses misdemeanors shall be

24  fingerprinted and the fingerprints shall be submitted to the

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

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

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

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

29  790.01(1).

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

31  defined in s. 790.1615(1).

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  1         5.  Negligent treatment of children, as defined in

  2  former s. 827.05.

  3         6.  Assault on a law enforcement officer, a

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

  5  784.07(2)(a).

  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.

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

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

14  as defined in s. 806.031(1).

15

16  A law enforcement agency may fingerprint and photograph a

17  child taken into custody upon probable cause that such child

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

19  appropriate. Such fingerprint records and photographs shall be

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

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

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

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

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

25  to other law enforcement agencies, criminal justice agencies,

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

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

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

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

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

31  and photograph records shall be produced in the court whenever

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

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

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

  4  the person who committed such crime.

  5         Section 4.  This act shall take effect July 1, 1999.

  6

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  8                          SENATE SUMMARY

  9    Provides that it is a third-degree felony for a minor to
      possess a firearm on school property or at a
10    school-sponsored event. Deletes a provision that
      specifies that the unlawful possession of a firearm by a
11    minor is a first-degree misdemeanor. For the offense of
      possessing a firearm on school property, requires that a
12    minor serve at least 20 days but not more than 50 days in
      a secure detention facility. Requires that a minor who
13    commits an offense that involves the unlawful possession
      of a firearm serve 15 days, rather than 5 days, in secure
14    detention for a first offense and at least 21 days but
      not more than 3 months, rather than 10 days, for a second
15    or subsequent offense. Provides that the minor may not
      receive credit for time served before adjudication.
16    Requires that any community service required by the court
      as a sanction for the unlawful possession of a firearm by
17    a minor be performed, if possible, in conjunction with an
      emergency room or medical facility that treats trauma
18    patients and gunshot wounds. Requires elementary and
      secondary schools to notify students in writing that it
19    is unlawful to possess a firearm on school property or at
      a school-sponsored event. Requires that the notice be
20    signed by the child's guardian and retained in the
      child's record. Provides that, notwithstanding other
21    provisions of law, the state attorney is not required to
      request that a child charged with unlawful possession of
22    a firearm be prosecuted as an adult.

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