HB 1509

1	A bill to be entitled
2	An act relating to school safety; amending s. 790.115,
3	F.S.; prohibiting possession of common pocketknives on
4	school property or other specified locations; providing
5	exceptions; providing penalties; providing an exemption
6	from criminal liability for possession of specified
7	weapons for persons who voluntarily surrender the weapon
8	in certain circumstances; amending s. 1006.13, F.S.;
9	providing an exemption from zero tolerance policy for
10	possession of specified weapons for persons who
11	voluntarily surrender the weapon in certain circumstances;
12	requiring development of policies to allow parents or
13	guardians to claim confiscated prohibited items; amending
14	ss. 435.04 and 921.0022, F.S.; conforming cross-
15	references; providing an effective date.
16
17	Be It Enacted by the Legislature of the State of Florida:
18
19	Section 1.  Subsection (2) of section 790.115, Florida
20	Statutes, is amended to read:
21	790.115  Possessing or discharging weapons or firearms at a
22	school-sponsored event or on school property prohibited;
23	penalties; exceptions.--
24	(2)(a)  A person shall not possess any firearm, electric
25	weapon or device, destructive device, or other weapon as defined
26	in s. 790.001(13), including a razor blade, or box cutter, or
27	common pocketknife, except as authorized in support of school-
28	sanctioned activities, at a school-sponsored event or on the
29	property of any school, school bus, or school bus stop; however,
30	a person may carry a firearm:
31	1.  In a case to a firearms program, class or function
32	which has been approved in advance by the principal or chief
33	administrative officer of the school as a program or class to
34	which firearms could be carried;
35	2.  In a case to a career center having a firearms training
36	range; or
37	3.  In a vehicle pursuant to s. 790.25(5); except that
38	school districts may adopt written and published policies that
39	waive the exception in this subparagraph for purposes of student
40	and campus parking privileges.
41
42	For the purposes of this section, "school" means any preschool,
43	elementary school, middle school, junior high school, secondary
44	school, career center, or postsecondary school, whether public
45	or nonpublic.
46	(b)1.  Except as provided in subparagraph 2. and paragraph
47	(c), a person who willfully and knowingly possesses any electric
48	weapon or device, destructive device, or other weapon in
49	violation of paragraph (a) as defined in s. 790.001(13),
50	including a razor blade or box cutter, except as authorized in
51	support of school-sanctioned activities, in violation of this
52	subsection commits a felony of the third degree, punishable as
53	provided in s. 775.082, s. 775.083, or s. 775.084.
54	2.  A person who willfully and knowingly possesses a common
55	pocketknife in violation of paragraph (a) commits a misdemeanor
56	of the second degree, punishable as provided in s. 775.082 or s.
57	775.083.
58	(c)1.  A person who willfully and knowingly possesses any
59	firearm in violation of this subsection commits a felony of the
60	third degree, punishable as provided in s. 775.082, s. 775.083,
61	or s. 775.084.
62	2.  A person who stores or leaves a loaded firearm within
63	the reach or easy access of a minor who obtains the firearm and
64	commits a violation of subparagraph 1. commits a misdemeanor of
65	the second degree, punishable as provided in s. 775.082 or s.
66	775.083; except that this does not apply if the firearm was
67	stored or left in a securely locked box or container or in a
68	location which a reasonable person would have believed to be
69	secure, or was securely locked with a firearm-mounted push-
70	button combination lock or a trigger lock; if the minor obtains
71	the firearm as a result of an unlawful entry by any person; or
72	to members of the Armed Forces, National Guard, or State
73	Militia, or to police or other law enforcement officers, with
74	respect to firearm possession by a minor which occurs during or
75	incidental to the performance of their official duties.
76	(d)  A person who discharges any weapon or firearm while in
77	violation of paragraph (a), unless discharged for lawful defense
78	of himself or herself or another or for a lawful purpose,
79	commits a felony of the second degree, punishable as provided in
80	s. 775.082, s. 775.083, or s. 775.084.
81	(e)  The penalties of this subsection shall not apply to
82	persons licensed under s. 790.06. Persons licensed under s.
83	790.06 shall be punished as provided in s. 790.06(12), except
84	that a licenseholder who unlawfully discharges a weapon or
85	firearm on school property as prohibited by this subsection
86	commits a felony of the second degree, punishable as provided in
87	s. 775.082, s. 775.083, or s. 775.084.
88	(f)  Any person who voluntarily approaches a school
89	official or law enforcement officer and voluntarily surrenders
90	an electric weapon or device or other weapon as defined in s.
91	790.001(13), including a razor blade, box cutter, or common
92	pocketknife, shall not be subject to criminal penalty under this
93	subsection provided that the person could lawfully possess the
94	item when off school grounds and the item has not been used for
95	any unlawful activity.
96	Section 2.  Subsection (2) of section 1006.13, Florida
97	Statutes, is amended to read:
98	1006.13  Policy of zero tolerance for crime and
99	victimization.--
100	(2)  The zero tolerance policy shall require students found
101	to have committed one of the following offenses to be expelled,
102	with or without continuing educational services, from the
103	student's regular school for a period of not less than 1 full
104	year, and to be referred to the criminal justice or juvenile
105	justice system.
106	(a)  Bringing a firearm or weapon, as defined in chapter
107	790, to school, to any school function, or onto any school-
108	sponsored transportation or possessing a firearm at school.
109	(b)  Making a threat or false report, as defined by ss.
110	790.162 and 790.163, respectively, involving school or school
111	personnel's property, school transportation, or a school-
112	sponsored activity.
113
114	District school boards may assign the student to a disciplinary
115	program for the purpose of continuing educational services
116	during the period of expulsion. District school superintendents
117	may consider the 1-year expulsion requirement on a case-by-case
118	basis and request the district school board to modify the
119	requirement by assigning the student to a disciplinary program
120	or second chance school if the request for modification is in
121	writing and it is determined to be in the best interest of the
122	student and the school system. If a student committing any of
123	the offenses in this subsection is a student with a disability,
124	the district school board shall comply with applicable State
125	Board of Education rules. Except for possession of a firearm,
126	any student who voluntarily approaches a school official or law
127	enforcement officer and voluntarily surrenders any item
128	prohibited by school district rules or regulations shall not be
129	subject to disciplinary action provided that the student could
130	lawfully possess the item when off school grounds and the item
131	has not been used by the student for any unlawful activity or in
132	violation of other school district rules or regulations. School
133	districts shall develop policies for the confiscation and
134	disposition of prohibited items that allow for the parent or
135	legal guardian of the student to claim the item.
136	Section 3.  Paragraph (r) of subsection (2) of section
137	435.04, Florida Statutes, is amended to read:
138	435.04  Level 2 screening standards.--
139	(2)  The security background investigations under this
140	section must ensure that no persons subject to the provisions of
141	this section have been found guilty of, regardless of
142	adjudication, or entered a plea of nolo contendere or guilty to,
143	any offense prohibited under any of the following provisions of
144	the Florida Statutes or under any similar statute of another
145	jurisdiction:
146	(r)  Section 790.115(2)(b)1., relating to possessing an
147	electric weapon or device, destructive device, or other weapon
148	on school property.
149	Section 4.  Paragraph (d) of subsection (3) of section
150	921.0022, Florida Statutes, is amended to read:
151	921.0022  Criminal Punishment Code; offense severity
152	ranking chart.--
153	(3)  OFFENSE SEVERITY RANKING CHART
	FloridaStatute FelonyDegree Description
154
	(d)  LEVEL 4
155
	316.1935(3)(a) 2nd Driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
156
	499.0051(1) 3rd Failure to maintain or deliver pedigree papers.
157
	499.0051(2) 3rd Failure to authenticate pedigree papers.
158
	499.0051(6) 2nd Sale or delivery, or possession with intent to sell, contraband legend drugs.
159
	784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, intake officer, etc.
160
	784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
161
	784.075 3rd Battery on detention or commitment facility staff.
162
	784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
163
	784.08(2)(c) 3rd Battery on a person 65 years of age or older.
164
	784.081(3) 3rd Battery on specified official or employee.
165
	784.082(3) 3rd Battery by detained person on visitor or other detainee.
166
	784.083(3) 3rd Battery on code inspector.
167
	784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
168
	787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.
169
	787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
170
	787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
171
	790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
172
	790.115(2)(b)1. 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
173
	790.115(2)(c) 3rd Possessing firearm on school property.
174
	800.04(7)(d) 3rd Lewd or lascivious exhibition; offender less than 18 years.
175
	810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
176
	810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
177
	810.06 3rd Burglary; possession of tools.
178
	810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
179
	812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
180
	812.014(2)(c)4.-10. 3rd Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
181
	812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
182
	817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
183
	817.568(2)(a) 3rd Fraudulent use of personal identification information.
184
	817.625(2)(a) 3rd Fraudulent use of scanning device or reencoder.
185
	828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
186
	837.02(1) 3rd Perjury in official proceedings.
187
	837.021(1) 3rd Make contradictory statements in official proceedings.
188
	838.022 3rd Official misconduct.
189
	839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
190
	839.13(2)(c) 3rd Falsifying records of the Department of Children and Family Services.
191
	843.021 3rd Possession of a concealed handcuff key by a person in custody.
192
	843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
193
	843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
194
	874.05(1) 3rd Encouraging or recruiting another to join a criminal street gang.
195
	893.13(2)(a)1. 2nd Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)4. drugs).
196
	914.14(2) 3rd Witnesses accepting bribes.
197
	914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
198
	914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
199
	918.12 3rd Tampering with jurors.
200
	934.215 3rd Use of two-way communications device to facilitate commission of a crime.
201
202	Section 5.  This act shall take effect July 1, 2007.

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