HB 0761 2004
1	A bill to be entitled
2	An act relating to possession of firearms, electric
3	weapons or devices, or concealed weapons by persons found
4	to have committed certain delinquent acts; amending s.
5	790.23, F.S.; prohibiting persons found to have committed
6	certain delinquent acts involving firearms, electric
7	weapons or devices, or destructive devices from possessing
8	firearms, electric weapons or devices, or concealed
9	weapons; providing criminal penalties; amending s. 790.06,
10	F.S.; revising cross references specifying circumstances
11	relating to issuance and revocation of license to carry
12	concealed weapon or firearm, to conform; amending s.
13	790.065, F.S.; revising a cross reference specifying
14	circumstances relating to the sale and delivery of
15	firearms, to conform; amending s. 943.0515, F.S.;
16	expanding the circumstances in which the criminal history
17	records of certain minors must be retained as part of the
18	adult record; reenacting ss. 790.01(5) and 921.0022(3)(e),
19	F.S., relating to the use of an electric weapon or device
20	or remote stun gun or self-defense chemical spray during
21	the commission of any criminal offense and to the offense
22	severity ranking chart, respectively, to incorporate the
23	amendment to s. 790.23, F.S., in references thereto;
24	providing an effective date.
25
26	Be It Enacted by the Legislature of the State of Florida:
27
28	Section 1. Section 790.23, Florida Statutes, is amended to
29	read:
30	790.23 Felons and delinquents; possession of firearms or
31	electric weapons or devices unlawful.--
32	(1) It is unlawful for any person to own or to have in his
33	or her care, custody, possession, or control any firearm or
34	electric weapon or device, or to carry a concealed weapon,
35	including a tear gas gun or chemical weapon or device, if that
36	person has been:
37	(a) Convicted of a felony in the courts of this state;
38	(b) Found, in the courts of this state, to have committed
39	a delinquent act that would be a felony if committed by an
40	adult. However, the prohibition created by this paragraph shall
41	only extend until and such person is under 24 years of age,
42	unless the delinquent act involved the use of a firearm, an
43	electric weapon or device, or a destructive device;.
44	(c) Convicted of or found to have committed a crime
45	against the United States which is designated as a felony;
46	(d) Found to have committed a delinquent act in another
47	state, territory, or country that would be a felony if committed
48	by an adult and which was punishable by imprisonment for a term
49	exceeding 1 year. However, the prohibition created by this
50	paragraph shall only extend until and such person is under24
51	years of age, unless the delinquent act involved the use of a
52	firearm, an electric weapon or device, or a destructive device;
53	or
54	(e) Found guilty of an offense that is a felony in another
55	state, territory, or country and which was punishable by
56	imprisonment for a term exceeding 1 year.
57	(2) This section shall not apply to a person convicted of
58	a felony whose civil rights and firearm authority have been
59	restored.
60	(3) Any person who violates this section commits a felony
61	of the second degree, punishable as provided in s. 775.082, s.
62	775.083, or s. 775.084.
63	Section 2. Paragraph (d) of subsection (2) and paragraph
64	(c) of subsection (10) of section 790.06, Florida Statutes, are
65	amended to read:
66	790.06 License to carry concealed weapon or firearm.--
67	(2) The Department of Agriculture and Consumer Services
68	shall issue a license if the applicant:
69	(d) Is not ineligible to possess a firearm pursuant to s.
70	790.23 by virtue of having been convicted of a felony;
71	(10) A license issued under this section shall be
72	suspended or revoked pursuant to chapter 120 if the licensee:
73	(c) Is convicted of a felony which would make the licensee
74	ineligible to possess a firearm pursuant to s. 790.23;
75	Section 3. Paragraph (a) of subsection (2) of section
76	790.065, Florida Statutes, is amended to read:
77	790.065 Sale and delivery of firearms.--
78	(2) Upon receipt of a request for a criminal history
79	record check, the Department of Law Enforcement shall, during
80	the licensee's call or by return call, forthwith:
81	(a) Review criminal history records to determine if the
82	potential buyer or transferee:
83	1. Has been convicted of a felony andIs prohibited from
84	receipt or possession of a firearm pursuant to s. 790.23;
85	2. Has been convicted of a misdemeanor crime of domestic
86	violence, and therefore is prohibited from purchasing a firearm;
87	or
88	3. Has had adjudication of guilt withheld or imposition of
89	sentence suspended on any felony or misdemeanor crime of
90	domestic violence unless 3 years have elapsed since probation or
91	any other conditions set by the court have been fulfilled or
92	expunction has occurred.
93	Section 4. Paragraph (a) of subsection (1) and subsection
94	(2) of section 943.0515, Florida Statutes, are amended to read:
95	943.0515 Retention of criminal history records of
96	minors.--
97	(1)(a) The Criminal Justice Information Program shall
98	retain the criminal history record of a minor who is classified
99	as a serious or habitual juvenile offender or committed to a
100	juvenile correctional facility or juvenile prison under chapter
101	985 for 5 years after the date the offender reaches 21 years of
102	age, at which time the record shall be expunged unless any of it
103	meets the criteria specified in subsection (2) applies of
104	paragraph (2)(a) or paragraph (2)(b).
105	(2)(a) If a person 18 years of age or older is charged
106	with or convicted of a forcible felony and the person's criminal
107	history record as a minor has not yet been destroyed, the
108	person's record as a minor must be merged with the person's
109	adult criminal history record and must be retained as a part of
110	the person's adult record.
111	(b) If, at any time, a minor is adjudicated as an adult
112	for a forcible felony, the minor's criminal history record prior
113	to the time of the minor's adjudication as an adult must be
114	merged with his or her record as an adjudicated adult.
115	(c) If a minor is found to have committed a delinquent act
116	that would be a felony if committed by an adult and such act
117	involved the use of a firearm, an electric weapon or device, or
118	a destructive device, the minor's criminal history record for
119	such act must be retained as part of his or her adult record.
120	Section 5. For the purpose of incorporating the amendment
121	to section 790.23, Florida Statutes, in a reference thereto,
122	subsection (5) of section 790.01, Florida Statutes, is reenacted
123	to read:
124	790.01 Carrying concealed weapons.--
125	(5) This section does not preclude any prosecution for the
126	use of an electric weapon or device or remote stun gun or self-
127	defense chemical spray during the commission of any criminal
128	offense under s. 790.07, s. 790.10, s. 790.23, or s. 790.235, or
129	for any other criminal offense.
130	Section 6. For the purpose of incorporating the amendment
131	to section 790.23, Florida Statutes, in a reference thereto,
132	paragraph (e) of subsection (3) of section 921.0022, Florida
133	Statutes, is reenacted to read:
134	921.0022 Criminal Punishment Code; offense severity
135	ranking chart.--
136	(3) OFFENSE SEVERITY RANKING CHART
137	FloridaStatute FelonyDegree Description
138	(e) LEVEL 5
139	316.027(1)(a) 3rd Accidents involving personal injuries, failure to stop; leaving scene.
140	316.1935(4) 2nd Aggravated fleeing or eluding.
141	322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
142	327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
143	381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
144	440.10(1)(g) 2nd Failure to obtain workers' compensation coverage.
145	440.105(5) 2nd Unlawful solicitation for the purpose of making workers' compensation claims.
146	440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers' compensation premiums.
147	624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
148	626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
149	790.01(2) 3rd Carrying a concealed firearm.
150	790.162 2nd Threat to throw or discharge destructive device.
151	790.163(1) 2nd False report of deadly explosive or weapon of mass destruction.
152	790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
153	790.23 2nd Felons in possession of firearms or electronic weapons or devices.
154	800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years.
155	800.04(7)(c) 2nd Lewd or lascivious exhibition; offender 18 years or older.
156	806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
157	812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
158	812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
159	812.019(1) 2nd Stolen property; dealing in or trafficking in.
160	812.131(2)(b) 3rd Robbery by sudden snatching.
161	812.16(2) 3rd Owning, operating, or conducting a chop shop.
162	817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
163	817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
164	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.
165	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.
166	817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder.
167	825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
168	827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
169	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.
170	843.01 3rd Resist officer with violence to person; resist arrest with violence.
171	874.05(2) 2nd Encouraging or recruiting another to join a criminal street gang; second or subsequent offense.
172	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).
173	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.
174	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.
175	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.
176	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.
177	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).
178	Section 7. This act shall take effect October 1, 2004, and
179	shall apply to offenses committed on or after that date.