HB 0761

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

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