HB 0761

CS

CHAMBER ACTION

1	The Committee on Public Safety & Crime Prevention recommends the
2	following:
3
4	Committee Substitute
5	Remove the entire bill and insert:
6	A bill to be entitled
7	An act relating to possession of firearms, electric
8	weapons or devices, or concealed weapons by persons found
9	to have committed certain delinquent acts; amending s.
10	790.23, F.S.; extending the restriction against possessing
11	firearms, electric weapons or devices, or concealed
12	weapons for certain persons found to have committed
13	delinquent acts involving forcible felony offenses;
14	providing criminal penalties; amending s. 790.06, F.S.;
15	revising cross references specifying circumstances
16	relating to issuance and revocation of license to carry
17	concealed weapon or firearm, to conform; amending s.
18	790.065, F.S.; revising a cross reference specifying
19	circumstances relating to the sale and delivery of
20	firearms, to conform; amending s. 943.0515, F.S.;
21	expanding the circumstances in which the criminal history
22	records of certain minors must be retained as part of the
23	adult record; reenacting ss. 790.01(5) and 921.0022(3)(e),
24	F.S., relating to the use of an electric weapon or device
25	or remote stun gun or self-defense chemical spray during
26	the commission of any criminal offense and to the offense
27	severity ranking chart, respectively, to incorporate the
28	amendment to s. 790.23, F.S., in references thereto;
29	providing applicability; providing an effective date.
30
31	Be It Enacted by the Legislature of the State of Florida:
32
33	Section 1.  Section 790.23, Florida Statutes, is amended to
34	read:
35	790.23  Felons and delinquents; possession of firearms or
36	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 or
39	electric weapon or device, or to carry a concealed weapon,
40	including a tear gas gun or chemical weapon or device, if that
41	person has been:
42	(a)  Convicted of a felony in the courts of this state;
43	(b)1.  Found, in the courts of this state, to have
44	committed a delinquent act classified as that would be a felony
45	offense if committed by an adult and such person is under 24
46	years of age; or
47	2.  Found, in the courts of this state, to have committed a
48	delinquent act classified as a forcible felony, as defined in s.
49	776.08, and such person is under 34 years of age;.
50	(c)  Convicted of or found to have committed a crime
51	against the United States which is designated as a felony;
52	(d)1.  Found to have committed a delinquent act in another
53	state, territory, or country classified as that would be a
54	felony offense if committed by an adult and which was punishable
55	by imprisonment for a term exceeding 1 year and such person is
56	under 24 years of age; or
57	2.  Found to have committed a delinquent act in another
58	state, territory, or country that would be classified, if
59	committed in this state, as a forcible felony, as defined in s.
60	776.08, and which was punishable by imprisonment for a term
61	exceeding 1 year and such person is under 34 years of age; or
62	(e)  Found guilty of an offense that is a felony in another
63	state, territory, or country and which was punishable by
64	imprisonment for a term exceeding 1 year.
65	(2)  This section shall not apply to a person convicted of
66	a felony whose civil rights and firearm authority have been
67	restored.
68	(3)  Any person who violates this section commits a felony
69	of the second degree, punishable as provided in s. 775.082, s.
70	775.083, or s. 775.084.
71	Section 2.  Paragraph (d) of subsection (2) and paragraph
72	(c) of subsection (10) of section 790.06, Florida Statutes, are
73	amended to read:
74	790.06  License to carry concealed weapon or firearm.--
75	(2)  The Department of Agriculture and Consumer Services
76	shall issue a license if the applicant:
77	(d)  Is not ineligible to possess a firearm pursuant to s.
78	790.23 by virtue of having been convicted of a felony;
79	(10)  A license issued under this section shall be
80	suspended or revoked pursuant to chapter 120 if the licensee:
81	(c)  Is convicted of a felony which would make the licensee
82	ineligible to possess a firearm pursuant to s. 790.23;
83	Section 3.  Paragraph (a) of subsection (2) of section
84	790.065, Florida Statutes, is amended to read:
85	790.065  Sale and delivery of firearms.--
86	(2)  Upon receipt of a request for a criminal history
87	record check, the Department of Law Enforcement shall, during
88	the licensee's call or by return call, forthwith:
89	(a)  Review criminal history records to determine if the
90	potential buyer or transferee:
91	1.  Has been convicted of a felony and Is prohibited from
92	receipt or possession of a firearm pursuant to s. 790.23;
93	2.  Has been convicted of a misdemeanor crime of domestic
94	violence, and therefore is prohibited from purchasing a firearm;
95	or
96	3.  Has had adjudication of guilt withheld or imposition of
97	sentence suspended on any felony or misdemeanor crime of
98	domestic violence unless 3 years have elapsed since probation or
99	any other conditions set by the court have been fulfilled or
100	expunction has occurred.
101	Section 4.  Paragraph (a) of subsection (1) and subsection
102	(2) of section 943.0515, Florida Statutes, are amended to read:
103	943.0515  Retention of criminal history records of
104	minors.--
105	(1)(a)  The Criminal Justice Information Program shall
106	retain the criminal history record of a minor who is classified
107	as a serious or habitual juvenile offender or committed to a
108	juvenile correctional facility or juvenile prison under chapter
109	985 for 5 years after the date the offender reaches 21 years of
110	age, at which time the record shall be expunged unless any of it
111	meets the criteria specified in subsection (2) applies of
112	paragraph (2)(a) or paragraph (2)(b).
113	(2)(a)  If a person 18 years of age or older is charged
114	with or convicted of a forcible felony and the person's criminal
115	history record as a minor has not yet been destroyed, the
116	person's record as a minor must be merged with the person's
117	adult criminal history record and must be retained as a part of
118	the person's adult record.
119	(b)  If, at any time, a minor is adjudicated as an adult
120	for a forcible felony, the minor's criminal history record prior
121	to the time of the minor's adjudication as an adult must be
122	merged with his or her record as an adjudicated adult.
123	(c)  If a minor is found to have committed a delinquent act
124	for any of the following forcible felonies enumerated in s.
125	776.08, the minor's criminal history record for such act must be
126	retained as part of his or her adult record: treason; murder;
127	manslaughter; sexual battery; carjacking; robbery; arson;
128	kidnapping; aggravated battery; aggravated stalking; aircraft
129	piracy; or unlawful throwing, placing, or discharging of a
130	destructive device or bomb.
131	Section 5.  For the purpose of incorporating the amendment
132	to section 790.23, Florida Statutes, in a reference thereto,
133	subsection (5) of section 790.01, Florida Statutes, is reenacted
134	to read:
135	790.01  Carrying concealed weapons.--
136	(5)  This section does not preclude any prosecution for the
137	use of an electric weapon or device or remote stun gun or self-
138	defense chemical spray during the commission of any criminal
139	offense under s. 790.07, s. 790.10, s. 790.23, or s. 790.235, or
140	for any other criminal offense.
141	Section 6.  For the purpose of incorporating the amendment
142	to section 790.23, Florida Statutes, in a reference thereto,
143	paragraph (e) of subsection (3) of section 921.0022, Florida
144	Statutes, is reenacted to read:
145	921.0022  Criminal Punishment Code; offense severity
146	ranking chart.--
147	(3)  OFFENSE SEVERITY RANKING CHART
	FloridaStatute FelonyDegree Description
148
	(e)  LEVEL 5
149
	316.027(1)(a) 3rd Accidents involving personal injuries, failure to stop; leaving scene.
150
	316.1935(4) 2nd Aggravated fleeing or eluding.
151
	322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
152
	327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
153
	381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
154
	440.10(1)(g) 2nd Failure to obtain workers' compensation coverage.
155
	440.105(5) 2nd Unlawful solicitation for the purpose of making workers' compensation claims.
156
	440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers' compensation premiums.
157
	624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
158
	626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
159
	790.01(2) 3rd Carrying a concealed firearm.
160
	790.162 2nd Threat to throw or discharge destructive device.
161
	790.163(1) 2nd False report of deadly explosive or weapon of mass destruction.
162
	790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
163
	790.23 2nd Felons in possession of firearms or electronic weapons or devices.
164
	800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years.
165
	800.04(7)(c) 2nd Lewd or lascivious exhibition; offender 18 years or older.
166
	806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
167
	812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
168
	812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
169
	812.019(1) 2nd Stolen property; dealing in or trafficking in.
170
	812.131(2)(b) 3rd Robbery by sudden snatching.
171
	812.16(2) 3rd Owning, operating, or conducting a chop shop.
172
	817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
173
	817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
174
	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.
175
	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.
176
	817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder.
177
	825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
178
	827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
179
	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.
180
	843.01 3rd Resist officer with violence to person; resist arrest with violence.
181
	874.05(2) 2nd Encouraging or recruiting another to join a criminal street gang; second or subsequent offense.
182
	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).
183
	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.
184
	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.
185
	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.
186
	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.
187
	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).
188
189	Section 7.  This act shall take effect October 1, 2004, and
190	shall apply to offenses committed on or after that date.

CODING: Words stricken are deletions; words underlined are additions.