| 1 | The Criminal Justice Committee recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 |
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| 6 | A bill to be entitled |
| 7 | An act relating to weapons; amending s. 790.001, F.S.; |
| 8 | revising the definition of "weapon"; amending s. 790.115, |
| 9 | F.S.; revising and clarifying provisions related to the |
| 10 | prohibited exhibition and possession of specified weapons |
| 11 | and firearms at a school-sponsored event or on school |
| 12 | property; providing penalties; amending s. 810.095, F.S.; |
| 13 | clarifying provisions with respect to prohibited trespass |
| 14 | on school property with a firearm or other weapon; |
| 15 | providing a penalty; providing an effective date. |
| 16 |
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| 17 | Be It Enacted by the Legislature of the State of Florida: |
| 18 |
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| 19 | Section 1. Subsection (13) of section 790.001, Florida |
| 20 | Statutes, is amended to read: |
| 21 | 790.001 Definitions.--As used in this chapter, except |
| 22 | where the context otherwise requires: |
| 23 | (13) "Weapon" means any dirk, knife, metallic knuckles, |
| 24 | slungshot, billie, tear gas gun, chemical weapon or device, or |
| 25 | other deadly weapon except a firearm or a common pocketknife, |
| 26 | plastic knife, or blunt-bladed table knife. |
| 27 | Section 2. Subsection (1) and paragraphs (a) and (b) of |
| 28 | subsection (2) of section 790.115, Florida Statutes, are amended |
| 29 | to read: |
| 30 | 790.115 Possessing or discharging weapons or firearms at a |
| 31 | school-sponsored event or on school property prohibited; |
| 32 | penalties; exceptions.-- |
| 33 | (1) A person who exhibits any sword, sword cane, firearm, |
| 34 | electric weapon or device, destructive device, or other weapon |
| 35 | as defined in s. 790.001(13), including a razor blade, box |
| 36 | cutter, or common pocketknife knife, except as authorized in |
| 37 | support of school-sanctioned activities, in the presence of one |
| 38 | or more persons in a rude, careless, angry, or threatening |
| 39 | manner and not in lawful self-defense, at a school-sponsored |
| 40 | event or on the grounds or facilities of any school, school bus, |
| 41 | or school bus stop, or within 1,000 feet of the real property |
| 42 | that comprises a public or private elementary school, middle |
| 43 | school, or secondary school, during school hours or during the |
| 44 | time of a sanctioned school activity, commits a felony of the |
| 45 | third degree, punishable as provided in s. 775.082, s. 775.083, |
| 46 | or s. 775.084. This subsection does not apply to the exhibition |
| 47 | of a firearm or weapon on private real property within 1,000 |
| 48 | feet of a school by the owner of such property or by a person |
| 49 | whose presence on such property has been authorized, licensed, |
| 50 | or invited by the owner. |
| 51 | (2)(a) A person shall not possess any firearm, electric |
| 52 | weapon or device, destructive device, or other weapon as defined |
| 53 | in s. 790.001(13), including a razor blade or, box cutter, or |
| 54 | knife, except as authorized in support of school-sanctioned |
| 55 | activities, at a school-sponsored event or on the property of |
| 56 | any school, school bus, or school bus stop; however, a person |
| 57 | may carry a firearm: |
| 58 | 1. In a case to a firearms program, class or function |
| 59 | which has been approved in advance by the principal or chief |
| 60 | administrative officer of the school as a program or class to |
| 61 | which firearms could be carried; |
| 62 | 2. In a case to a career center having a firearms training |
| 63 | range; or |
| 64 | 3. In a vehicle pursuant to s. 790.25(5); except that |
| 65 | school districts may adopt written and published policies that |
| 66 | waive the exception in this subparagraph for purposes of student |
| 67 | and campus parking privileges. |
| 68 |
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| 69 | For the purposes of this section, "school" means any preschool, |
| 70 | elementary school, middle school, junior high school, secondary |
| 71 | school, career center, or postsecondary school, whether public |
| 72 | or nonpublic. |
| 73 | (b) A person who willfully and knowingly possesses any |
| 74 | electric weapon or device, destructive device, or other weapon |
| 75 | as defined in s. 790.001(13), including a razor blade or, box |
| 76 | cutter, or knife, except as authorized in support of school- |
| 77 | sanctioned activities, in violation of this subsection commits a |
| 78 | felony of the third degree, punishable as provided in s. |
| 79 | 775.082, s. 775.083, or s. 775.084. |
| 80 | Section 3. Subsection (1) of section 810.095, Florida |
| 81 | Statutes, is amended to read: |
| 82 | 810.095 Trespass on school property with firearm or other |
| 83 | weapon prohibited.-- |
| 84 | (1) It is a felony of the third degree, punishable as |
| 85 | provided in s. 775.082, s. 775.083, or s. 775.084, for a person |
| 86 | who is trespassing upon school property to bring onto, or to |
| 87 | possess on, such school property, any weapon as defined in s. |
| 88 | 790.001(13) or any firearm. |
| 89 | Section 4. This act shall take effect July 1, 2006. |