Senate Bill sb2904
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Florida Senate - 2007 SB 2904
By Senator Haridopolos
26-1965-07 See HB 1509
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 s. 1006.13, F.S.; providing an
11 exemption from zero tolerance policy for
12 possession of specified weapons for persons who
13 voluntarily surrender the weapon in certain
14 circumstances; requiring development of
15 policies to allow parents or guardians to claim
16 confiscated prohibited items; amending ss.
17 435.04 and 921.0022, F.S.; conforming
18 cross-references; providing an effective date.
19
20 Be It Enacted by the Legislature of the State of Florida:
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22 Section 1. Subsection (2) of section 790.115, Florida
23 Statutes, is amended to read:
24 790.115 Possessing or discharging weapons or firearms
25 at a school-sponsored event or on school property prohibited;
26 penalties; exceptions.--
27 (2)(a) A person shall not possess any firearm,
28 electric weapon or device, destructive device, or other weapon
29 as defined in s. 790.001(13), including a razor blade, or box
30 cutter, or common pocketknife, except as authorized in support
31 of school-sanctioned activities, at a school-sponsored event
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Florida Senate - 2007 SB 2904
26-1965-07 See HB 1509
1 or on the property of any school, school bus, or school bus
2 stop; however, a person may carry a firearm:
3 1. In a case to a firearms program, class or function
4 which has been approved in advance by the principal or chief
5 administrative officer of the school as a program or class to
6 which firearms could be carried;
7 2. In a case to a career center having a firearms
8 training range; or
9 3. In a vehicle pursuant to s. 790.25(5); except that
10 school districts may adopt written and published policies that
11 waive the exception in this subparagraph for purposes of
12 student and campus parking privileges.
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14 For the purposes of this section, "school" means any
15 preschool, elementary school, middle school, junior high
16 school, secondary school, career center, or postsecondary
17 school, whether public or nonpublic.
18 (b)1. Except as provided in subparagraph 2. and
19 paragraph (c), a person who willfully and knowingly possesses
20 any electric weapon or device, destructive device, or other
21 weapon in violation of paragraph (a) as defined in s.
22 790.001(13), including a razor blade or box cutter, except as
23 authorized in support of school-sanctioned activities, in
24 violation of this subsection commits a felony of the third
25 degree, punishable as provided in s. 775.082, s. 775.083, or
26 s. 775.084.
27 2. A person who willfully and knowingly possesses a
28 common pocketknife in violation of paragraph (a) commits a
29 misdemeanor of the second degree, punishable as provided in s.
30 775.082 or s. 775.083.
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Florida Senate - 2007 SB 2904
26-1965-07 See HB 1509
1 (c)1. A person who willfully and knowingly possesses
2 any firearm in violation of this subsection commits a felony
3 of the third degree, punishable as provided in s. 775.082, s.
4 775.083, or s. 775.084.
5 2. A person who stores or leaves a loaded firearm
6 within the reach or easy access of a minor who obtains the
7 firearm and commits a violation of subparagraph 1. commits a
8 misdemeanor of the second degree, punishable as provided in s.
9 775.082 or s. 775.083; except that this does not apply if the
10 firearm was stored or left in a securely locked box or
11 container or in a location which a reasonable person would
12 have believed to be secure, or was securely locked with a
13 firearm-mounted push-button combination lock or a trigger
14 lock; if the minor obtains the firearm as a result of an
15 unlawful entry by any person; or to members of the Armed
16 Forces, National Guard, or State Militia, or to police or
17 other law enforcement officers, with respect to firearm
18 possession by a minor which occurs during or incidental to the
19 performance of their official duties.
20 (d) A person who discharges any weapon or firearm
21 while in violation of paragraph (a), unless discharged for
22 lawful defense of himself or herself or another or for a
23 lawful purpose, commits a felony of the second degree,
24 punishable as provided in s. 775.082, s. 775.083, or s.
25 775.084.
26 (e) The penalties of this subsection shall not apply
27 to persons licensed under s. 790.06. Persons licensed under s.
28 790.06 shall be punished as provided in s. 790.06(12), except
29 that a licenseholder who unlawfully discharges a weapon or
30 firearm on school property as prohibited by this subsection
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Florida Senate - 2007 SB 2904
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1 commits a felony of the second degree, punishable as provided
2 in s. 775.082, s. 775.083, or s. 775.084.
3 (f) Any person who voluntarily approaches a school
4 official or law enforcement officer and voluntarily surrenders
5 an electric weapon or device or other weapon as defined in s.
6 790.001(13), including a razor blade, box cutter, or common
7 pocketknife, shall not be subject to criminal penalty under
8 this subsection provided that the person could lawfully
9 possess the item when off school grounds and the item has not
10 been used for any unlawful activity.
11 Section 2. Subsection (2) of section 1006.13, Florida
12 Statutes, is amended to read:
13 1006.13 Policy of zero tolerance for crime and
14 victimization.--
15 (2) The zero tolerance policy shall require students
16 found to have committed one of the following offenses to be
17 expelled, with or without continuing educational services,
18 from the student's regular school for a period of not less
19 than 1 full year, and to be referred to the criminal justice
20 or juvenile justice system.
21 (a) Bringing a firearm or weapon, as defined in
22 chapter 790, to school, to any school function, or onto any
23 school-sponsored transportation or possessing a firearm at
24 school.
25 (b) Making a threat or false report, as defined by ss.
26 790.162 and 790.163, respectively, involving school or school
27 personnel's property, school transportation, or a
28 school-sponsored activity.
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30 District school boards may assign the student to a
31 disciplinary program for the purpose of continuing educational
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Florida Senate - 2007 SB 2904
26-1965-07 See HB 1509
1 services during the period of expulsion. District school
2 superintendents may consider the 1-year expulsion requirement
3 on a case-by-case basis and request the district school board
4 to modify the requirement by assigning the student to a
5 disciplinary program or second chance school if the request
6 for modification is in writing and it is determined to be in
7 the best interest of the student and the school system. If a
8 student committing any of the offenses in this subsection is a
9 student with a disability, the district school board shall
10 comply with applicable State Board of Education rules. Except
11 for possession of a firearm, any student who voluntarily
12 approaches a school official or law enforcement officer and
13 voluntarily surrenders any item prohibited by school district
14 rules or regulations shall not be subject to disciplinary
15 action provided that the student could lawfully possess the
16 item when off school grounds and the item has not been used by
17 the student for any unlawful activity or in violation of other
18 school district rules or regulations. School districts shall
19 develop policies for the confiscation and disposition of
20 prohibited items that allow for the parent or legal guardian
21 of the student to claim the item.
22 Section 3. Paragraph (r) of subsection (2) of section
23 435.04, Florida Statutes, is amended to read:
24 435.04 Level 2 screening standards.--
25 (2) The security background investigations under this
26 section must ensure that no persons subject to the provisions
27 of this section have been found guilty of, regardless of
28 adjudication, or entered a plea of nolo contendere or guilty
29 to, any offense prohibited under any of the following
30 provisions of the Florida Statutes or under any similar
31 statute of another jurisdiction:
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Florida Senate - 2007 SB 2904
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1 (r) Section 790.115(2)(b)1., relating to possessing an
2 electric weapon or device, destructive device, or other weapon
3 on school property.
4 Section 4. Paragraph (d) of subsection (3) of section
5 921.0022, Florida Statutes, is amended to read:
6 921.0022 Criminal Punishment Code; offense severity
7 ranking chart.--
8 (3) OFFENSE SEVERITY RANKING CHART
9 Florida Felony Description
10 Statute Degree
11 (d) LEVEL 4
12 316.1935(3)(a) 2nd Driving at high speed or with
13 wanton disregard for safety while
14 fleeing or attempting to elude
15 law enforcement officer who is in
16 a patrol vehicle with siren and
17 lights activated.
18 499.0051(1) 3rd Failure to maintain or deliver
19 pedigree papers.
20 499.0051(2) 3rd Failure to authenticate pedigree
21 papers.
22 499.0051(6) 2nd Sale or delivery, or possession
23 with intent to sell, contraband
24 legend drugs.
25 784.07(2)(b) 3rd Battery of law enforcement
26 officer, firefighter, intake
27 officer, etc.
28 784.074(1)(c) 3rd Battery of sexually violent
29 predators facility staff.
30 784.075 3rd Battery on detention or
31 commitment facility staff.
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Florida Senate - 2007 SB 2904
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1 784.078 3rd Battery of facility employee by
2 throwing, tossing, or expelling
3 certain fluids or materials.
4 784.08(2)(c) 3rd Battery on a person 65 years of
5 age or older.
6 784.081(3) 3rd Battery on specified official or
7 employee.
8 784.082(3) 3rd Battery by detained person on
9 visitor or other detainee.
10 784.083(3) 3rd Battery on code inspector.
11 784.085 3rd Battery of child by throwing,
12 tossing, projecting, or expelling
13 certain fluids or materials.
14 787.03(1) 3rd Interference with custody;
15 wrongly takes minor from
16 appointed guardian.
17 787.04(2) 3rd Take, entice, or remove child
18 beyond state limits with criminal
19 intent pending custody
20 proceedings.
21 787.04(3) 3rd Carrying child beyond state lines
22 with criminal intent to avoid
23 producing child at custody
24 hearing or delivering to
25 designated person.
26 790.115(1) 3rd Exhibiting firearm or weapon
27 within 1,000 feet of a school.
28 790.115(2)(b)1. 3rd Possessing electric weapon or
29 device, destructive device, or
30 other weapon on school property.
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Florida Senate - 2007 SB 2904
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1 790.115(2)(c) 3rd Possessing firearm on school
2 property.
3 800.04(7)(d) 3rd Lewd or lascivious exhibition;
4 offender less than 18 years.
5 810.02(4)(a) 3rd Burglary, or attempted burglary,
6 of an unoccupied structure;
7 unarmed; no assault or battery.
8 810.02(4)(b) 3rd Burglary, or attempted burglary,
9 of an unoccupied conveyance;
10 unarmed; no assault or battery.
11 810.06 3rd Burglary; possession of tools.
12 810.08(2)(c) 3rd Trespass on property, armed with
13 firearm or dangerous weapon.
14 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000
15 or more but less than $20,000.
16 812.014(2)(c)4.-10.3rd Grand theft, 3rd degree, a will,
17 firearm, motor vehicle,
18 livestock, etc.
19 812.0195(2) 3rd Dealing in stolen property by use
20 of the Internet; property stolen
21 $300 or more.
22 817.563(1) 3rd Sell or deliver substance other
23 than controlled substance agreed
24 upon, excluding s. 893.03(5)
25 drugs.
26 817.568(2)(a) 3rd Fraudulent use of personal
27 identification information.
28 817.625(2)(a) 3rd Fraudulent use of scanning device
29 or reencoder.
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Florida Senate - 2007 SB 2904
26-1965-07 See HB 1509
1 828.125(1) 2nd Kill, maim, or cause great bodily
2 harm or permanent breeding
3 disability to any registered
4 horse or cattle.
5 837.02(1) 3rd Perjury in official proceedings.
6 837.021(1) 3rd Make contradictory statements in
7 official proceedings.
8 838.022 3rd Official misconduct.
9 839.13(2)(a) 3rd Falsifying records of an
10 individual in the care and
11 custody of a state agency.
12 839.13(2)(c) 3rd Falsifying records of the
13 Department of Children and Family
14 Services.
15 843.021 3rd Possession of a concealed
16 handcuff key by a person in
17 custody.
18 843.025 3rd Deprive law enforcement,
19 correctional, or correctional
20 probation officer of means of
21 protection or communication.
22 843.15(1)(a) 3rd Failure to appear while on bail
23 for felony (bond estreature or
24 bond jumping).
25 874.05(1) 3rd Encouraging or recruiting another
26 to join a criminal street gang.
27 893.13(2)(a)1. 2nd Purchase of cocaine (or other s.
28 893.03(1)(a), (b), or (d),
29 (2)(a), (2)(b), or (2)(c)4.
30 drugs).
31 914.14(2) 3rd Witnesses accepting bribes.
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Florida Senate - 2007 SB 2904
26-1965-07 See HB 1509
1 914.22(1) 3rd Force, threaten, etc., witness,
2 victim, or informant.
3 914.23(2) 3rd Retaliation against a witness,
4 victim, or informant, no bodily
5 injury.
6 918.12 3rd Tampering with jurors.
7 934.215 3rd Use of two-way communications
8 device to facilitate commission
9 of a crime.
10 Section 5. This act shall take effect July 1, 2007.
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