Senate Bill sb2758
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 2758
By Senator Haridopolos
26-1818-07 See HB
1 A bill to be entitled
2 An act relating to school safety; amending s.
3 790.115, F.S.; prohibiting possession of common
4 pocketknives on school property or other
5 specified locations; providing exceptions;
6 providing penalties; providing an exemption
7 from criminal liability for possession of
8 specified weapons for persons who voluntarily
9 surrender the weapon in certain circumstances;
10 amending ss. 435.04 and 921.0022, F.S.;
11 conforming cross-references; providing an
12 effective date.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
16 Section 1. Subsection (2) of section 790.115, Florida
17 Statutes, is amended to read:
18 790.115 Possessing or discharging weapons or firearms
19 at a school-sponsored event or on school property prohibited;
20 penalties; exceptions.--
21 (2)(a) A person shall not possess any firearm,
22 electric weapon or device, destructive device, or other weapon
23 as defined in s. 790.001(13), including a razor blade, or box
24 cutter, or common pocketknife, except as authorized in support
25 of school-sanctioned activities, at a school-sponsored event
26 or on the property of any school, school bus, or school bus
27 stop; however, a person may carry a firearm:
28 1. In a case to a firearms program, class or function
29 which has been approved in advance by the principal or chief
30 administrative officer of the school as a program or class to
31 which firearms could be carried;
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 2758
26-1818-07 See HB
1 2. In a case to a career center having a firearms
2 training range; or
3 3. In a vehicle pursuant to s. 790.25(5); except that
4 school districts may adopt written and published policies that
5 waive the exception in this subparagraph for purposes of
6 student and campus parking privileges.
7
8 For the purposes of this section, "school" means any
9 preschool, elementary school, middle school, junior high
10 school, secondary school, career center, or postsecondary
11 school, whether public or nonpublic.
12 (b)1. Except as provided in subparagraph 2. and
13 paragraph (c), a person who willfully and knowingly possesses
14 any electric weapon or device, destructive device, or other
15 weapon in violation of paragraph (a) as defined in s.
16 790.001(13), including a razor blade or box cutter, except as
17 authorized in support of school-sanctioned activities, in
18 violation of this subsection commits a felony of the third
19 degree, punishable as provided in s. 775.082, s. 775.083, or
20 s. 775.084.
21 2. A person who willfully and knowingly possesses a
22 common pocketknife in violation of paragraph (a) commits a
23 misdemeanor of the second degree, punishable as provided in s.
24 775.082 or s. 775.083.
25 (c)1. A person who willfully and knowingly possesses
26 any firearm in violation of this subsection commits a felony
27 of the third degree, punishable as provided in s. 775.082, s.
28 775.083, or s. 775.084.
29 2. A person who stores or leaves a loaded firearm
30 within the reach or easy access of a minor who obtains the
31 firearm and commits a violation of subparagraph 1. commits a
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 2758
26-1818-07 See HB
1 misdemeanor of the second degree, punishable as provided in s.
2 775.082 or s. 775.083; except that this does not apply if the
3 firearm was stored or left in a securely locked box or
4 container or in a location which a reasonable person would
5 have believed to be secure, or was securely locked with a
6 firearm-mounted push-button combination lock or a trigger
7 lock; if the minor obtains the firearm as a result of an
8 unlawful entry by any person; or to members of the Armed
9 Forces, National Guard, or State Militia, or to police or
10 other law enforcement officers, with respect to firearm
11 possession by a minor which occurs during or incidental to the
12 performance of their official duties.
13 (d) A person who discharges any weapon or firearm
14 while in violation of paragraph (a), unless discharged for
15 lawful defense of himself or herself or another or for a
16 lawful purpose, commits a felony of the second degree,
17 punishable as provided in s. 775.082, s. 775.083, or s.
18 775.084.
19 (e) The penalties of this subsection shall not apply
20 to persons licensed under s. 790.06. Persons licensed under s.
21 790.06 shall be punished as provided in s. 790.06(12), except
22 that a licenseholder who unlawfully discharges a weapon or
23 firearm on school property as prohibited by this subsection
24 commits a felony of the second degree, punishable as provided
25 in s. 775.082, s. 775.083, or s. 775.084.
26 (f) Any person who voluntarily approaches a school
27 official and voluntarily surrenders an electric weapon or
28 device, destructive device, or other weapon as defined in s.
29 790.001(13), including a razor blade, box cutter, or common
30 pocketknife, shall not be subject to criminal penalty under
31
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 2758
26-1818-07 See HB
1 this subsection provided that the person could lawfully
2 possess the item when off school grounds.
3 Section 2. Paragraph (r) of subsection (2) of section
4 435.04, Florida Statutes, is amended to read:
5 435.04 Level 2 screening standards.--
6 (2) The security background investigations under this
7 section must ensure that no persons subject to the provisions
8 of this section have been found guilty of, regardless of
9 adjudication, or entered a plea of nolo contendere or guilty
10 to, any offense prohibited under any of the following
11 provisions of the Florida Statutes or under any similar
12 statute of another jurisdiction:
13 (r) Section 790.115(2)(b)1., relating to possessing an
14 electric weapon or device, destructive device, or other weapon
15 on school property.
16 Section 3. Paragraph (d) of subsection (3) of section
17 921.0022, Florida Statutes, is amended to read:
18 921.0022 Criminal Punishment Code; offense severity
19 ranking chart.--
20 (3) OFFENSE SEVERITY RANKING CHART
21
22 Florida Felony Description
23 Statute Degree
24 (d) LEVEL 4
25 316.1935(3)(a) 2nd Driving at high speed or with
26 wanton disregard for safety while
27 fleeing or attempting to elude
28 law enforcement officer who is in
29 a patrol vehicle with siren and
30 lights activated.
31
4
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 2758
26-1818-07 See HB
1 499.0051(1) 3rd Failure to maintain or deliver
2 pedigree papers.
3 499.0051(2) 3rd Failure to authenticate pedigree
4 papers.
5 499.0051(6) 2nd Sale or delivery, or possession
6 with intent to sell, contraband
7 legend drugs.
8 784.07(2)(b) 3rd Battery of law enforcement
9 officer, firefighter, intake
10 officer, etc.
11 784.074(1)(c) 3rd Battery of sexually violent
12 predators facility staff.
13 784.075 3rd Battery on detention or
14 commitment facility staff.
15 784.078 3rd Battery of facility employee by
16 throwing, tossing, or expelling
17 certain fluids or materials.
18 784.08(2)(c) 3rd Battery on a person 65 years of
19 age or older.
20 784.081(3) 3rd Battery on specified official or
21 employee.
22 784.082(3) 3rd Battery by detained person on
23 visitor or other detainee.
24 784.083(3) 3rd Battery on code inspector.
25 784.085 3rd Battery of child by throwing,
26 tossing, projecting, or expelling
27 certain fluids or materials.
28 787.03(1) 3rd Interference with custody;
29 wrongly takes minor from
30 appointed guardian.
31
5
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 2758
26-1818-07 See HB
1 787.04(2) 3rd Take, entice, or remove child
2 beyond state limits with criminal
3 intent pending custody
4 proceedings.
5 787.04(3) 3rd Carrying child beyond state lines
6 with criminal intent to avoid
7 producing child at custody
8 hearing or delivering to
9 designated person.
10 790.115(1) 3rd Exhibiting firearm or weapon
11 within 1,000 feet of a school.
12 790.115(2)(b)1. 3rd Possessing electric weapon or
13 device, destructive device, or
14 other weapon on school property.
15 790.115(2)(c) 3rd Possessing firearm on school
16 property.
17 800.04(7)(d) 3rd Lewd or lascivious exhibition;
18 offender less than 18 years.
19 810.02(4)(a) 3rd Burglary, or attempted burglary,
20 of an unoccupied structure;
21 unarmed; no assault or battery.
22 810.02(4)(b) 3rd Burglary, or attempted burglary,
23 of an unoccupied conveyance;
24 unarmed; no assault or battery.
25 810.06 3rd Burglary; possession of tools.
26 810.08(2)(c) 3rd Trespass on property, armed with
27 firearm or dangerous weapon.
28 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000
29 or more but less than $20,000.
30
31
6
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 2758
26-1818-07 See HB
1 812.014(2)(c)4.-10.3rd Grand theft, 3rd degree, a will,
2 firearm, motor vehicle,
3 livestock, etc.
4 812.0195(2) 3rd Dealing in stolen property by use
5 of the Internet; property stolen
6 $300 or more.
7 817.563(1) 3rd Sell or deliver substance other
8 than controlled substance agreed
9 upon, excluding s. 893.03(5)
10 drugs.
11 817.568(2)(a) 3rd Fraudulent use of personal
12 identification information.
13 817.625(2)(a) 3rd Fraudulent use of scanning device
14 or reencoder.
15 828.125(1) 2nd Kill, maim, or cause great bodily
16 harm or permanent breeding
17 disability to any registered
18 horse or cattle.
19 837.02(1) 3rd Perjury in official proceedings.
20 837.021(1) 3rd Make contradictory statements in
21 official proceedings.
22 838.022 3rd Official misconduct.
23 839.13(2)(a) 3rd Falsifying records of an
24 individual in the care and
25 custody of a state agency.
26 839.13(2)(c) 3rd Falsifying records of the
27 Department of Children and Family
28 Services.
29 843.021 3rd Possession of a concealed
30 handcuff key by a person in
31 custody.
7
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 2758
26-1818-07 See HB
1 843.025 3rd Deprive law enforcement,
2 correctional, or correctional
3 probation officer of means of
4 protection or communication.
5 843.15(1)(a) 3rd Failure to appear while on bail
6 for felony (bond estreature or
7 bond jumping).
8 874.05(1) 3rd Encouraging or recruiting another
9 to join a criminal street gang.
10 893.13(2)(a)1. 2nd Purchase of cocaine (or other s.
11 893.03(1)(a), (b), or (d),
12 (2)(a), (2)(b), or (2)(c)4.
13 drugs).
14 914.14(2) 3rd Witnesses accepting bribes.
15 914.22(1) 3rd Force, threaten, etc., witness,
16 victim, or informant.
17 914.23(2) 3rd Retaliation against a witness,
18 victim, or informant, no bodily
19 injury.
20 918.12 3rd Tampering with jurors.
21 934.215 3rd Use of two-way communications
22 device to facilitate commission
23 of a crime.
24 Section 4. This act shall take effect July 1, 2007.
25
26
27
28
29
30
31
8
CODING: Words stricken are deletions; words underlined are additions.