Senate Bill sb2464
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Florida Senate - 2004 SB 2464
By Senator Crist
12-1809-04
1 A bill to be entitled
2 An act relating to possession of ammunition;
3 amending s. 790.23, F.S.; providing that
4 possession of ammunition by a convicted felon
5 or juvenile delinquent is a second-degree
6 felony; amending s. 790.235, F.S.; providing
7 that possession of ammunition by a violent
8 career criminal is a first-degree felony;
9 providing for a mandatory minimum sentence;
10 providing an exemption for a person whose civil
11 rights and firearm authority have been
12 restored; amending s. 921.0022, F.S., relating
13 to the offense severity ranking chart of the
14 Criminal Punishment Code; conforming provisions
15 to changes made by the act; providing an
16 effective date.
17
18 Be It Enacted by the Legislature of the State of Florida:
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20 Section 1. Section 790.23, Florida Statutes, is
21 amended to read:
22 790.23 Felons and delinquents; possession of firearms,
23 ammunition, or electric weapons or devices unlawful.--
24 (1) It is unlawful for any person to own or to have in
25 his or her care, custody, possession, or control any firearm,
26 ammunition, or electric weapon or device, or to carry a
27 concealed weapon, including a tear gas gun or chemical weapon
28 or device, if that person has been:
29 (a) Convicted of a felony in the courts of this state;
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Florida Senate - 2004 SB 2464
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1 (b) Found, in the courts of this state, to have
2 committed a delinquent act that would be a felony if committed
3 by an adult and such person is under 24 years of age.
4 (c) Convicted of or found to have committed a crime
5 against the United States which is designated as a felony;
6 (d) Found to have committed a delinquent act in
7 another state, territory, or country that would be a felony if
8 committed by an adult and which was punishable by imprisonment
9 for a term exceeding 1 year and such person is under 24 years
10 of age; or
11 (e) Found guilty of an offense that is a felony in
12 another state, territory, or country and which was punishable
13 by imprisonment for a term exceeding 1 year.
14 (2) This section shall not apply to a person convicted
15 of a felony whose civil rights and firearm authority have been
16 restored.
17 (3) Any person who violates this section commits a
18 felony of the second degree, punishable as provided in s.
19 775.082, s. 775.083, or s. 775.084.
20 Section 2. Section 790.235, Florida Statutes, is
21 amended to read:
22 790.235 Possession of firearm or ammunition by violent
23 career criminal unlawful; penalty.--
24 (1) Any person who meets the violent career criminal
25 criteria under s. 775.084(1)(d), regardless of whether such
26 person is or has previously been sentenced as a violent career
27 criminal, who owns or has in his or her care, custody,
28 possession, or control any firearm, ammunition, or electric
29 weapon or device, or carries a concealed weapon, including a
30 tear gas gun or chemical weapon or device, commits a felony of
31 the first degree, punishable as provided in s. 775.082, s.
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Florida Senate - 2004 SB 2464
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1 775.083, or s. 775.084. A person convicted of a violation of
2 this section shall be sentenced to a mandatory minimum of 15
3 years' imprisonment; however, if the person would be sentenced
4 to a longer term of imprisonment under s. 775.084(4)(d), the
5 person must be sentenced under that provision. A person
6 convicted of a violation of this section is not eligible for
7 any form of discretionary early release, other than pardon,
8 executive clemency, or conditional medical release under s.
9 947.149.
10 (2) For purposes of this section, the previous felony
11 convictions necessary to meet the violent career criminal
12 criteria under s. 775.084(1)(d) may be convictions for
13 felonies committed as an adult or adjudications of delinquency
14 for felonies committed as a juvenile. In order to be counted
15 as a prior felony for purposes of this section, the felony
16 must have resulted in a conviction sentenced separately, or an
17 adjudication of delinquency entered separately, prior to the
18 current offense, and sentenced or adjudicated separately from
19 any other felony that is to be counted as a prior felony.
20 (3) This section shall not apply to a person whose
21 civil rights and firearm authority have been restored.
22 Section 3. Paragraph (e) of subsection (3) of section
23 921.0022, Florida Statutes, is amended to read:
24 921.0022 Criminal Punishment Code; offense severity
25 ranking chart.--
26 (3) OFFENSE SEVERITY RANKING CHART
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28 Florida Felony
29 Statute Degree Description
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Florida Senate - 2004 SB 2464
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1 (e) LEVEL 5
2 316.027(1)(a) 3rd Accidents involving personal
3 injuries, failure to stop;
4 leaving scene.
5 316.1935(4) 2nd Aggravated fleeing or eluding.
6 322.34(6) 3rd Careless operation of motor
7 vehicle with suspended license,
8 resulting in death or serious
9 bodily injury.
10 327.30(5) 3rd Vessel accidents involving
11 personal injury; leaving scene.
12 381.0041
13 (11)(b) 3rd Donate blood, plasma, or organs
14 knowing HIV positive.
15 440.10(1)(g) 2nd Failure to obtain workers'
16 compensation coverage.
17 440.105(5) 2nd Unlawful solicitation for the
18 purpose of making workers'
19 compensation claims.
20 440.381(2) 2nd Submission of false, misleading,
21 or incomplete information with
22 the purpose of avoiding or
23 reducing workers' compensation
24 premiums.
25 624.401(4)(b)2. 2nd Transacting insurance without a
26 certificate or authority; premium
27 collected $20,000 or more but
28 less than $100,000.
29 626.902(1)(c) 2nd Representing an unauthorized
30 insurer; repeat offender.
31 790.01(2) 3rd Carrying a concealed firearm.
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Florida Senate - 2004 SB 2464
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1 790.162 2nd Threat to throw or discharge
2 destructive device.
3 790.163(1) 2nd False report of deadly explosive
4 or weapon of mass destruction.
5 790.221(1) 2nd Possession of short-barreled
6 shotgun or machine gun.
7 790.23 2nd Felons in possession of firearms,
8 ammunition, or electronic weapons
9 or devices.
10 800.04(6)(c) 3rd Lewd or lascivious conduct;
11 offender less than 18 years.
12 800.04(7)(c) 2nd Lewd or lascivious exhibition;
13 offender 18 years or older.
14 806.111(1) 3rd Possess, manufacture, or dispense
15 fire bomb with intent to damage
16 any structure or property.
17 812.0145(2)(b) 2nd Theft from person 65 years of age
18 or older; $10,000 or more but
19 less than $50,000.
20 812.015(8) 3rd Retail theft; property stolen is
21 valued at $300 or more and one or
22 more specified acts.
23 812.019(1) 2nd Stolen property; dealing in or
24 trafficking in.
25 812.131(2)(b) 3rd Robbery by sudden snatching.
26 812.16(2) 3rd Owning, operating, or conducting
27 a chop shop.
28 817.034(4)(a)2. 2nd Communications fraud, value
29 $20,000 to $50,000.
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Florida Senate - 2004 SB 2464
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1 817.234(11)(b) 2nd Insurance fraud; property value
2 $20,000 or more but less than
3 $100,000.
4 817.2341(1),
5 (2)(a)&(3)(a) 3rd Filing false financial
6 statements, making false entries
7 of material fact or false
8 statements regarding property
9 values relating to the solvency
10 of an insuring entity.
11 817.568(2)(b) 2nd Fraudulent use of personal
12 identification information; value
13 of benefit, services received,
14 payment avoided, or amount of
15 injury or fraud, $5,000 or more
16 or use of personal identification
17 information of 10 or more
18 individuals.
19 817.625(2)(b) 2nd Second or subsequent fraudulent
20 use of scanning device or
21 reencoder.
22 825.1025(4) 3rd Lewd or lascivious exhibition in
23 the presence of an elderly person
24 or disabled adult.
25 827.071(4) 2nd Possess with intent to promote
26 any photographic material, motion
27 picture, etc., which includes
28 sexual conduct by a child.
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Florida Senate - 2004 SB 2464
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1 839.13(2)(b) 2nd Falsifying records of an
2 individual in the care and
3 custody of a state agency
4 involving great bodily harm or
5 death.
6 843.01 3rd Resist officer with violence to
7 person; resist arrest with
8 violence.
9 874.05(2) 2nd Encouraging or recruiting another
10 to join a criminal street gang;
11 second or subsequent offense.
12 893.13(1)(a)1. 2nd Sell, manufacture, or deliver
13 cocaine (or other s.
14 893.03(1)(a), (1)(b), (1)(d),
15 (2)(a), (2)(b), or (2)(c)4.
16 drugs).
17 893.13(1)(c)2. 2nd Sell, manufacture, or deliver
18 cannabis (or other s.
19 893.03(1)(c), (2)(c)1., (2)(c)2.,
20 (2)(c)3., (2)(c)5., (2)(c)6.,
21 (2)(c)7., (2)(c)8., (2)(c)9.,
22 (3), or (4) drugs) within 1,000
23 feet of a child care facility,
24 school, or state, county, or
25 municipal park or publicly owned
26 recreational facility or
27 community center.
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Florida Senate - 2004 SB 2464
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1 893.13(1)(d)1. 1st Sell, manufacture, or deliver
2 cocaine (or other s.
3 893.03(1)(a), (1)(b), (1)(d),
4 (2)(a), (2)(b), or (2)(c)4.
5 drugs) within 1,000 feet of
6 university.
7 893.13(1)(e)2. 2nd Sell, manufacture, or deliver
8 cannabis or other drug prohibited
9 under s. 893.03(1)(c), (2)(c)1.,
10 (2)(c)2., (2)(c)3., (2)(c)5.,
11 (2)(c)6., (2)(c)7., (2)(c)8.,
12 (2)(c)9., (3), or (4) within
13 1,000 feet of property used for
14 religious services or a specified
15 business site.
16 893.13(1)(f)1. 1st Sell, manufacture, or deliver
17 cocaine (or other s.
18 893.03(1)(a), (1)(b), (1)(d), or
19 (2)(a), (2)(b), or (2)(c)4.
20 drugs) within 1,000 feet of
21 public housing facility.
22 893.13(4)(b) 2nd Deliver to minor cannabis (or
23 other s. 893.03(1)(c), (2)(c)1.,
24 (2)(c)2., (2)(c)3., (2)(c)5.,
25 (2)(c)6., (2)(c)7., (2)(c)8.,
26 (2)(c)9., (3), or (4) drugs).
27 Section 4. This act shall take effect July 1, 2004.
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Florida Senate - 2004 SB 2464
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2 SENATE SUMMARY
3 Makes possession of ammunition by a convicted felon or
juvenile delinquent a second-degree felony. Makes
4 possession of ammunition by a violent career criminal a
first-degree felony. Imposes a mandatory minimum
5 sentence. Exempts a person whose civil rights and firearm
authority have been restored from the prohibition against
6 possessing ammunition.
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