HB 0527 2004
1	A bill to be entitled
2	An act relating to possession of ammunition by felons and
3	delinquents; amending s. 790.001, F.S.; providing a
4	definition of the term "ammunition"; amending s. 790.23,
5	F.S.; including ammunition among the specified items for
6	which possession by a felon or delinquent constitutes a
7	felony of the second degree; providing penalties; amending
8	s. 790.235, F.S.; including ammunition among the specified
9	items for which possession by a violent career criminal
10	subjects such criminal to a mandatory minimum prison
11	sentence; providing penalties; amending s. 921.0022, F.S.,
12	relating to the offense severity ranking chart, to
13	conform; reenacting s. 790.01(5), F.S., relating to
14	carrying concealed weapons, to incorporate the amendments
15	to ss. 790.23 and 790.235, F.S., in references thereto;
16	providing applicability; providing an effective date.
17
18	Be It Enacted by the Legislature of the State of Florida:
19
20	Section 1. Subsection (19) is added to section 790.001,
21	Florida Statutes, to read:
22	790.001 Definitions.--As used in this chapter, except
23	where the context otherwise requires:
24	(19) "Ammunition" means an object consisting of all of the
25	following:
26	(a) A fixed metallic or nonmetallic hull or casing
27	containing a primer.
28	(b) One or more projectiles, one or more bullets, or shot.
29	(c) Gunpowder.
30
31	All of the specified components must be present for an object to
32	be ammunition.
33	Section 2. Section 790.23, Florida Statutes, is amended to
34	read:
35	790.23 Felons and delinquents; possession of firearms,
36	ammunition,or electric weapons or devices unlawful.--
37	(1) It is unlawful for any person to own or to have in his
38	or her care, custody, possession, or control any firearm,
39	ammunition,or electric weapon or device, or to carry a
40	concealed weapon, including a tear gas gun or chemical weapon or
41	device, if that person has been:
42	(a) Convicted of a felony in the courts of this state;
43	(b) Found, in the courts of this state, to have committed
44	a delinquent act that would be a felony if committed by an adult
45	and such person is under 24 years of age;.
46	(c) Convicted of or found to have committed a crime
47	against the United States which is designated as a felony;
48	(d) Found to have committed a delinquent act in another
49	state, territory, or country that would be a felony if committed
50	by an adult and which was punishable by imprisonment for a term
51	exceeding 1 year and such person is under 24 years of age; or
52	(e) Found guilty of an offense that is a felony in another
53	state, territory, or country and which was punishable by
54	imprisonment for a term exceeding 1 year.
55	(2) This section shall not apply to a person convicted of
56	a felony whose civil rights and firearm authority have been
57	restored.
58	(3) Any person who violates this section commits a felony
59	of the second degree, punishable as provided in s. 775.082, s.
60	775.083, or s. 775.084.
61	Section 3. Section 790.235, Florida Statutes, is amended
62	to read:
63	790.235 Possession of firearm or ammunitionby violent
64	career criminal unlawful; penalty.--
65	(1) Any person who meets the violent career criminal
66	criteria under s. 775.084(1)(d), regardless of whether such
67	person is or has previously been sentenced as a violent career
68	criminal, who owns or has in his or her care, custody,
69	possession, or control any firearm, ammunition,or electric
70	weapon or device, or carries a concealed weapon, including a
71	tear gas gun or chemical weapon or device, commits a felony of
72	the first degree, punishable as provided in s. 775.082, s.
73	775.083, or s. 775.084. A person convicted of a violation of
74	this section shall be sentenced to a mandatory minimum of 15
75	years' imprisonment; however, if the person would be sentenced
76	to a longer term of imprisonment under s. 775.084(4)(d), the
77	person must be sentenced under that provision. A person
78	convicted of a violation of this section is not eligible for any
79	form of discretionary early release, other than pardon,
80	executive clemency, or conditional medical release under s.
81	947.149.
82	(2) For purposes of this section, the previous felony
83	convictions necessary to meet the violent career criminal
84	criteria under s. 775.084(1)(d) may be convictions for felonies
85	committed as an adult or adjudications of delinquency for
86	felonies committed as a juvenile. In order to be counted as a
87	prior felony for purposes of this section, the felony must have
88	resulted in a conviction sentenced separately, or an
89	adjudication of delinquency entered separately, prior to the
90	current offense, and sentenced or adjudicated separately from
91	any other felony that is to be counted as a prior felony.
92	(3) This section shall not apply to a person whose civil
93	rights and firearm authority have been restored.
94	Section 4. Paragraph (e) of subsection (3) of section
95	921.0022, Florida Statutes, is amended to read:
96	921.0022 Criminal Punishment Code; offense severity
97	ranking chart.--
98	(3) OFFENSE SEVERITY RANKING CHART
99	FloridaStatute FelonyDegree Description
100	(e) LEVEL 5
101	316.027(1)(a) 3rd Accidents involving personal injuries, failure to stop; leaving scene.
102	316.1935(4) 2nd Aggravated fleeing or eluding.
103	322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
104	327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
105	381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
106	440.10(1)(g) 2nd Failure to obtain workers' compensation coverage.
107	440.105(5) 2nd Unlawful solicitation for the purpose of making workers' compensation claims.
108	440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers' compensation premiums.
109	624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
110	626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
111	790.01(2) 3rd Carrying a concealed firearm.
112	790.162 2nd Threat to throw or discharge destructive device.
113	790.163(1) 2nd False report of deadly explosive or weapon of mass destruction.
114	790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
115	790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
116	800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years.
117	800.04(7)(c) 2nd Lewd or lascivious exhibition; offender 18 years or older.
118	806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
119	812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
120	812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
121	812.019(1) 2nd Stolen property; dealing in or trafficking in.
122	812.131(2)(b) 3rd Robbery by sudden snatching.
123	812.16(2) 3rd Owning, operating, or conducting a chop shop.
124	817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
125	817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
126	817.2341(1),(2)(a)&(3)(a) 3rd Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity.
127	817.568(2)(b) 2nd Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more individuals.
128	817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder.
129	825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
130	827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
131	839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
132	843.01 3rd Resist officer with violence to person; resist arrest with violence.
133	874.05(2) 2nd Encouraging or recruiting another to join a criminal street gang; second or subsequent offense.
134	893.13(1)(a)1. 2nd Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
135	893.13(1)(c)2. 2nd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
136	893.13(1)(d)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of university.
137	893.13(1)(e)2. 2nd Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
138	893.13(1)(f)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of public housing facility.
139	893.13(4)(b) 2nd Deliver to minor cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
140	Section 5. For the purpose of incorporating the amendments
141	to sections 790.23 and 790.235, Florida Statutes, in references
142	thereto, subsection (5) of section 790.01, Florida Statutes, is
143	reenacted to read:
144	790.01 Carrying concealed weapons.--
145	(5) This section does not preclude any prosecution for the
146	use of an electric weapon or device or remote stun gun or self-
147	defense chemical spray during the commission of any criminal
148	offense under s. 790.07, s. 790.10, s. 790.23, or s. 790.235, or
149	for any other criminal offense.
150	Section 6. This act shall take effect October 1, 2004, and
151	shall apply to offenses committed on or after that date.