Senate Bill sb2660
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Florida Senate - 2004 SB 2660
By Senator Geller
31-1768A-04
1 A bill to be entitled
2 An act relating to possession of firearms,
3 electric weapons or devices, or concealed
4 weapons by persons found to have committed
5 certain delinquent acts; amending s. 790.23,
6 F.S.; prohibiting persons found to have
7 committed certain delinquent acts involving
8 firearms, electric weapons or devices, or
9 destructive devices from possessing firearms,
10 electric weapons or devices, or concealed
11 weapons for a specified period following
12 completion of sentence; providing criminal
13 penalties; amending s. 790.06, F.S.; revising
14 cross-references specifying circumstances
15 relating to issuance and revocation of license
16 to carry concealed weapon or firearm, to
17 conform; amending s. 790.065, F.S.; revising a
18 cross-reference specifying circumstances
19 relating to the sale and delivery of firearms,
20 to conform; amending s. 943.0515, F.S.;
21 expanding the circumstances in which the
22 criminal history records of certain minors must
23 be retained as part of the adult record;
24 reenacting ss. 790.01(5) and 921.0022(3)(e),
25 F.S., relating to the use of an electric weapon
26 or device or remote stun gun or self-defense
27 chemical spray during the commission of any
28 criminal offense and to the offense severity
29 ranking chart, respectively, to incorporate the
30 amendment to s. 790.23, F.S., in references
31 thereto; providing an effective date.
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Florida Senate - 2004 SB 2660
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1 Be It Enacted by the Legislature of the State of Florida:
2
3 Section 1. Section 790.23, Florida Statutes, is
4 amended to read:
5 790.23 Felons and delinquents; possession of firearms
6 or electric weapons or devices unlawful.--
7 (1) It is unlawful for any person to own or to have in
8 his or her care, custody, possession, or control any firearm
9 or electric weapon or device, or to carry a concealed weapon,
10 including a tear gas gun or chemical weapon or device, if that
11 person has been:
12 (a) Convicted of a felony in the courts of this state;
13 (b) Found, in the courts of this state, to have
14 committed a delinquent act that would be a felony if committed
15 by an adult. However, the prohibition created by this
16 paragraph shall only extend until and such person is under 24
17 years of age, unless the delinquent act involved the use of a
18 firearm, an electric weapon or device, or a destructive
19 device, in which case the prohibition extends for 10 years
20 following the date of completion of sentence;.
21 (c) Convicted of or found to have committed a crime
22 against the United States which is designated as a felony;
23 (d) Found to have committed a delinquent act in
24 another state, territory, or country that would be a felony if
25 committed by an adult and which was punishable by imprisonment
26 for a term exceeding 1 year. However, the prohibition created
27 by this paragraph shall only extend until and such person is
28 under 24 years of age, unless the delinquent act involved the
29 use of a firearm, an electric weapon or device, or a
30 destructive device, in which case the prohibition extends for
31 10 years following the date of completion of sentence; or
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1 (e) Found guilty of an offense that is a felony in
2 another state, territory, or country and which was punishable
3 by imprisonment for a term exceeding 1 year.
4 (2) This section shall not apply to a person convicted
5 of a felony whose civil rights and firearm authority have been
6 restored.
7 (3) Any person who violates this section commits a
8 felony of the second degree, punishable as provided in s.
9 775.082, s. 775.083, or s. 775.084.
10 Section 2. Subsections (2) and (10) of section 790.06,
11 Florida Statutes, are amended to read:
12 790.06 License to carry concealed weapon or
13 firearms.--
14 (2) The Department of Agriculture and Consumer
15 Services shall issue a license if the applicant:
16 (a) Is a resident of the United States or is a
17 consular security official of a foreign government that
18 maintains diplomatic relations and treaties of commerce,
19 friendship, and navigation with the United States and is
20 certified as such by the foreign government and by the
21 appropriate embassy in this country;
22 (b) Is 21 years of age or older;
23 (c) Does not suffer from a physical infirmity which
24 prevents the safe handling of a weapon or firearm;
25 (d) Is not ineligible to possess a firearm pursuant to
26 s. 790.23 by virtue of having been convicted of a felony;
27 (e) Has not been committed for the abuse of a
28 controlled substance or been found guilty of a crime under the
29 provisions of chapter 893 or similar laws of any other state
30 relating to controlled substances within a 3-year period
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1 immediately preceding the date on which the application is
2 submitted;
3 (f) Does not chronically and habitually use alcoholic
4 beverages or other substances to the extent that his or her
5 normal faculties are impaired. It shall be presumed that an
6 applicant chronically and habitually uses alcoholic beverages
7 or other substances to the extent that his or her normal
8 faculties are impaired if the applicant has been committed
9 under chapter 397 or under the provisions of former chapter
10 396 or has been convicted under s. 790.151 or has been deemed
11 a habitual offender under s. 856.011(3), or has had two or
12 more convictions under s. 316.193 or similar laws of any other
13 state, within the 3-year period immediately preceding the date
14 on which the application is submitted;
15 (g) Desires a legal means to carry a concealed weapon
16 or firearm for lawful self-defense;
17 (h) Demonstrates competence with a firearm by any one
18 of the following:
19 1. Completion of any hunter education or hunter safety
20 course approved by the Fish and Wildlife Conservation
21 Commission or a similar agency of another state;
22 2. Completion of any National Rifle Association
23 firearms safety or training course;
24 3. Completion of any firearms safety or training
25 course or class available to the general public offered by a
26 law enforcement, junior college, college, or private or public
27 institution or organization or firearms training school,
28 utilizing instructors certified by the National Rifle
29 Association, Criminal Justice Standards and Training
30 Commission, or the Department of Agriculture and Consumer
31 Services;
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1 4. Completion of any law enforcement firearms safety
2 or training course or class offered for security guards,
3 investigators, special deputies, or any division or
4 subdivision of law enforcement or security enforcement;
5 5. Presents evidence of equivalent experience with a
6 firearm through participation in organized shooting
7 competition or military service;
8 6. Is licensed or has been licensed to carry a firearm
9 in this state or a county or municipality of this state,
10 unless such license has been revoked for cause; or
11 7. Completion of any firearms training or safety
12 course or class conducted by a state-certified or National
13 Rifle Association certified firearms instructor;
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15 A photocopy of a certificate of completion of any of the
16 courses or classes; or an affidavit from the instructor,
17 school, club, organization, or group that conducted or taught
18 said course or class attesting to the completion of the course
19 or class by the applicant; or a copy of any document which
20 shows completion of the course or class or evidences
21 participation in firearms competition shall constitute
22 evidence of qualification under this paragraph; any person who
23 conducts a course pursuant to subparagraph 2., subparagraph
24 3., or subparagraph 7., or who, as an instructor, attests to
25 the completion of such courses, must maintain records
26 certifying that he or she observed the student safely handle
27 and discharge the firearm;
28 (i) Has not been adjudicated an incapacitated person
29 under s. 744.331, or similar laws of any other state, unless 5
30 years have elapsed since the applicant's restoration to
31 capacity by court order;
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1 (j) Has not been committed to a mental institution
2 under chapter 394, or similar laws of any other state, unless
3 the applicant produces a certificate from a licensed
4 psychiatrist that he or she has not suffered from disability
5 for at least 5 years prior to the date of submission of the
6 application;
7 (k) Has not had adjudication of guilt withheld or
8 imposition of sentence suspended on any felony or misdemeanor
9 crime of domestic violence unless 3 years have elapsed since
10 probation or any other conditions set by the court have been
11 fulfilled, or the record has been sealed or expunged;
12 (l) Has not been issued an injunction that is
13 currently in force and effect and that restrains the applicant
14 from committing acts of domestic violence or acts of repeat
15 violence; and
16 (m) Is not prohibited from purchasing or possessing a
17 firearm by any other provision of Florida or federal law.
18 (10) A license issued under this section shall be
19 suspended or revoked pursuant to chapter 120 if the licensee:
20 (a) Is found to be ineligible under the criteria set
21 forth in subsection (2);
22 (b) Develops or sustains a physical infirmity which
23 prevents the safe handling of a weapon or firearm;
24 (c) Is convicted of a felony which would make the
25 licensee ineligible to possess a firearm pursuant to s.
26 790.23;
27 (d) Is found guilty of a crime under the provisions of
28 chapter 893, or similar laws of any other state, relating to
29 controlled substances;
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1 (e) Is committed as a substance abuser under chapter
2 397, or is deemed a habitual offender under s. 856.011(3), or
3 similar laws of any other state;
4 (f) Is convicted of a second violation of s. 316.193,
5 or a similar law of another state, within 3 years of a
6 previous conviction of such section, or similar law of another
7 state, even though the first violation may have occurred prior
8 to the date on which the application was submitted;
9 (g) Is adjudicated an incapacitated person under s.
10 744.331, or similar laws of any other state; or
11 (h) Is committed to a mental institution under chapter
12 394, or similar laws of any other state.
13 Section 3. Paragraph (a) of subsection (2) of section
14 790.065, Florida Statutes, is amended to read:
15 790.065 Sale and delivery of firearms.--
16 (2) Upon receipt of a request for a criminal history
17 record check, the Department of Law Enforcement shall, during
18 the licensee's call or by return call, forthwith:
19 (a) Review criminal history records to determine if
20 the potential buyer or transferee:
21 1. Has been convicted of a felony and Is prohibited
22 from receipt or possession of a firearm pursuant to s. 790.23;
23 2. Has been convicted of a misdemeanor crime of
24 domestic violence, and therefore is prohibited from purchasing
25 a firearm; or
26 3. Has had adjudication of guilt withheld or
27 imposition of sentence suspended on any felony or misdemeanor
28 crime of domestic violence unless 3 years have elapsed since
29 probation or any other conditions set by the court have been
30 fulfilled or expunction has occurred.
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Florida Senate - 2004 SB 2660
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1 Section 4. Paragraph (a) of subsection (1) and
2 subsection (2) of section 943.0515, Florida Statutes, are
3 amended to read:
4 943.0515 Retention of criminal history records of
5 minors.--
6 (1)(a) The Criminal Justice Information Program shall
7 retain the criminal history record of a minor who is
8 classified as a serious or habitual juvenile offender or
9 committed to a juvenile correctional facility or juvenile
10 prison under chapter 985 for 5 years after the date the
11 offender reaches 21 years of age, at which time the record
12 shall be expunged unless any of it meets the criteria
13 specified in subsection (2) applies of paragraph (2)(a) or
14 paragraph (2)(b).
15 (2)(a) If a person 18 years of age or older is charged
16 with or convicted of a forcible felony and the person's
17 criminal history record as a minor has not yet been destroyed,
18 the person's record as a minor must be merged with the
19 person's adult criminal history record and must be retained as
20 a part of the person's adult record.
21 (b) If, at any time, a minor is adjudicated as an
22 adult for a forcible felony, the minor's criminal history
23 record prior to the time of the minor's adjudication as an
24 adult must be merged with his or her record as an adjudicated
25 adult.
26 (c) If a minor is found to have committed a delinquent
27 act that would be a felony if committed by an adult and such
28 act involved the use of a firearm, an electric weapon or
29 device, or a destructive device, the minor's criminal history
30 record for such act must be retained as part of his or her
31 adult record.
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Florida Senate - 2004 SB 2660
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1 Section 5. For the purpose of incorporating the
2 amendment to section 790.23, Florida Statutes, in a reference
3 thereto, subsection (5) of section 790.01, Florida Statutes,
4 is reenacted to read:
5 790.01 Carrying concealed weapons.--
6 (5) This section does not preclude any prosecution for
7 the use of an electric weapon or device or remote stun gun or
8 self-defense chemical spray during the commission of any
9 criminal offense under s. 790.07, s. 790.10, s. 790.23, or s.
10 790.235, or for any other criminal offense.
11 Section 6. For the purpose of incorporating the
12 amendment to section 790.23, Florida Statutes, in a reference
13 thereto, paragraph (e) of subsection (3) of section 921.0022,
14 Florida Statutes, is reenacted to read:
15 921.0022 Criminal Punishment Code; offense severity
16 ranking chart.--
17 (3) OFFENSE SEVERITY RANKING CHART
18
19 Florida Felony
20 Statute Degree Description
21
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23 (e) LEVEL 5
24 316.027(1)(a) 3rd Accidents involving personal
25 injuries, failure to stop;
26 leaving scene.
27 316.1935(4) 2nd Aggravated fleeing or eluding.
28 322.34(6) 3rd Careless operation of motor
29 vehicle with suspended license,
30 resulting in death or serious
31 bodily injury.
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1 327.30(5) 3rd Vessel accidents involving
2 personal injury; leaving scene.
3 381.0041(11)(b) 3rd Donate blood, plasma, or organs
4 knowing HIV positive.
5 440.10(1)(g) 2nd Failure to obtain workers'
6 compensation coverage.
7 440.105(5) 2nd Unlawful solicitation for the
8 purpose of making workers'
9 compensation claims.
10 440.381(2) 2nd Submission of false, misleading,
11 or incomplete information with
12 the purpose of avoiding or
13 reducing workers' compensation
14 premiums.
15 624.401(4)(b)2. 2nd Transacting insurance without a
16 certificate or authority; premium
17 collected $20,000 or more but
18 less than $100,000.
19 626.902(1)(c) 2nd Representing an unauthorized
20 insurer; repeat offender.
21 790.01(2) 3rd Carrying a concealed firearm.
22 790.162 2nd Threat to throw or discharge
23 destructive device.
24 790.163(1) 2nd False report of deadly explosive
25 or weapon of mass destruction.
26 790.221(1) 2nd Possession of short-barreled
27 shotgun or machine gun.
28 790.23 2nd Felons in possession of firearms
29 or electronic weapons or devices.
30 800.04(6)(c) 3rd Lewd or lascivious conduct;
31 offender less than 18 years.
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1 800.04(7)(c) 2nd Lewd or lascivious exhibition;
2 offender 18 years or older.
3 806.111(1) 3rd Possess, manufacture, or dispense
4 fire bomb with intent to damage
5 any structure or property.
6 812.0145(2)(b) 2nd Theft from person 65 years of age
7 or older; $10,000 or more but
8 less than $50,000.
9 812.015(8) 3rd Retail theft; property stolen is
10 valued at $300 or more and one or
11 more specified acts.
12 812.019(1) 2nd Stolen property; dealing in or
13 trafficking in.
14 812.131(2)(b) 3rd Robbery by sudden snatching.
15 812.16(2) 3rd Owning, operating, or conducting
16 a chop shop.
17 817.034(4)(a)2. 2nd Communications fraud, value
18 $20,000 to $50,000.
19 817.234(11)(b) 2nd Insurance fraud; property value
20 $20,000 or more but less than
21 $100,000.
22 817.2341(1),
23 (2)(a)&(3)(a) 3rd Filing false financial
24 statements, making false entries
25 of material fact or false
26 statements regarding property
27 values relating to the solvency
28 of an insuring entity.
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1 817.568(2)(b) 2nd Fraudulent use of personal
2 identification information; value
3 of benefit, services received,
4 payment avoided, or amount of
5 injury or fraud, $5,000 or more
6 or use of personal identification
7 information of 10 or more
8 individuals.
9 817.625(2)(b) 2nd Second or subsequent fraudulent
10 use of scanning device or
11 reencoder.
12 825.1025(4) 3rd Lewd or lascivious exhibition in
13 the presence of an elderly person
14 or disabled adult.
15 827.071(4) 2nd Possess with intent to promote
16 any photographic material, motion
17 picture, etc., which includes
18 sexual conduct by a child.
19 839.13(2)(b) 2nd Falsifying records of an
20 individual in the care and
21 custody of a state agency
22 involving great bodily harm or
23 death.
24 843.01 3rd Resist officer with violence to
25 person; resist arrest with
26 violence.
27 874.05(2) 2nd Encouraging or recruiting another
28 to join a criminal street gang;
29 second or subsequent offense.
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1 893.13(1)(a)1. 2nd 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).
6 893.13(1)(c)2. 2nd Sell, manufacture, or deliver
7 cannabis (or other s.
8 893.03(1)(c), (2)(c)1., (2)(c)2.,
9 (2)(c)3., (2)(c)5., (2)(c)6.,
10 (2)(c)7., (2)(c)8., (2)(c)9.,
11 (3), or (4) drugs) within 1,000
12 feet of a child care facility,
13 school, or state, county, or
14 municipal park or publicly owned
15 recreational facility or
16 community center.
17 893.13(1)(d)1. 1st Sell, manufacture, or deliver
18 cocaine (or other s.
19 893.03(1)(a), (1)(b), (1)(d),
20 (2)(a), (2)(b), or (2)(c)4.
21 drugs) within 1,000 feet of
22 university.
23 893.13(1)(e)2. 2nd Sell, manufacture, or deliver
24 cannabis or other drug prohibited
25 under s. 893.03(1)(c), (2)(c)1.,
26 (2)(c)2., (2)(c)3., (2)(c)5.,
27 (2)(c)6., (2)(c)7., (2)(c)8.,
28 (2)(c)9., (3), or (4) within
29 1,000 feet of property used for
30 religious services or a specified
31 business site.
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1 893.13(1)(f)1. 1st Sell, manufacture, or deliver
2 cocaine (or other s.
3 893.03(1)(a), (1)(b), (1)(d), or
4 (2)(a), (2)(b), or (2)(c)4.
5 drugs) within 1,000 feet of
6 public housing facility.
7 893.13(4)(b) 2nd Deliver to minor cannabis (or
8 other s. 893.03(1)(c), (2)(c)1.,
9 (2)(c)2., (2)(c)3., (2)(c)5.,
10 (2)(c)6., (2)(c)7., (2)(c)8.,
11 (2)(c)9., (3), or (4) drugs).
12 Section 7. This act shall take effect October 1, 2004,
13 and shall apply to offenses committed on or after that date.
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16 SENATE SUMMARY
17 Prohibits a person found to have committed a delinquent
act involving a firearm, electric weapon, or destructive
18 device from possessing a firearm or other weapon for 10
years following completion of sentence. Requires that a
19 record of the minor's criminal history be retained as
part of the adult record. (See bill for details.)
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