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.