Amendment
Bill No. 0575
Amendment No. 933769
CHAMBER ACTION
Senate House
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1Representative(s) Poppell offered the following:
2
3     Amendment (with title amendment)
4     Between line(s) 192 and 193 insert:
5     Section 2.  Subsection (2) of section 790.115, Florida
6Statutes, is amended to read:
7     790.115  Possessing or discharging weapons or firearms at a
8school-sponsored event or on school property prohibited;
9penalties; exceptions.--
10     (2)(a)  A person shall not possess any firearm, electric
11weapon or device, destructive device, or other weapon as defined
12in s. 790.001(13), including a razor blade, or box cutter, or
13common pocketknife, except as authorized in support of school-
14sanctioned activities, at a school-sponsored event or on the
15property of any school, school bus, or school bus stop; however,
16a person may carry a firearm:
17     1.  In a case to a firearms program, class or function
18which has been approved in advance by the principal or chief
19administrative officer of the school as a program or class to
20which firearms could be carried;
21     2.  In a case to a career center having a firearms training
22range; or
23     3.  In a vehicle pursuant to s. 790.25(5); except that
24school districts may adopt written and published policies that
25waive the exception in this subparagraph for purposes of student
26and campus parking privileges.
27
28For the purposes of this section, "school" means any preschool,
29elementary school, middle school, junior high school, secondary
30school, career center, or postsecondary school, whether public
31or nonpublic.
32     (b)1.  Except as provided in subparagraph 2. and paragraph
33(c), a person who willfully and knowingly possesses any electric
34weapon or device, destructive device, or other weapon in
35violation of paragraph (a) as defined in s. 790.001(13),
36including a razor blade or box cutter, except as authorized in
37support of school-sanctioned activities, in violation of this
38subsection commits a felony of the third degree, punishable as
39provided in s. 775.082, s. 775.083, or s. 775.084.
40     2.  A person who willfully and knowingly possesses a common
41pocketknife in violation of paragraph (a) commits a misdemeanor
42of the second degree, punishable as provided in s. 775.082 or s.
43775.083. For purposes of this section "common pocketknife" means
44a folding knife having one or more blades or tools, none of
45which lock into place, and the sharpened edges of which are
46plain and nonserrated. Sharpened blades shall be sharp on one
47edge only and the length of the longest sharpened blade shall be
48no longer than 3 inches, measured in linear fashion from the
49base of the sharpened edge to the point. No switchblade, gravity
50knife, automatic knife, or butterfly knife is considered a
51common pocketknife.
52     (c)1.  A person who willfully and knowingly possesses any
53firearm in violation of this subsection commits a felony of the
54third degree, punishable as provided in s. 775.082, s. 775.083,
55or s. 775.084.
56     2.  A person who stores or leaves a loaded firearm within
57the reach or easy access of a minor who obtains the firearm and
58commits a violation of subparagraph 1. commits a misdemeanor of
59the second degree, punishable as provided in s. 775.082 or s.
60775.083; except that this does not apply if the firearm was
61stored or left in a securely locked box or container or in a
62location which a reasonable person would have believed to be
63secure, or was securely locked with a firearm-mounted push-
64button combination lock or a trigger lock; if the minor obtains
65the firearm as a result of an unlawful entry by any person; or
66to members of the Armed Forces, National Guard, or State
67Militia, or to police or other law enforcement officers, with
68respect to firearm possession by a minor which occurs during or
69incidental to the performance of their official duties.
70     (d)  A person who discharges any weapon or firearm while in
71violation of paragraph (a), unless discharged for lawful defense
72of himself or herself or another or for a lawful purpose,
73commits a felony of the second degree, punishable as provided in
74s. 775.082, s. 775.083, or s. 775.084.
75     (e)  The penalties of this subsection shall not apply to
76persons licensed under s. 790.06. Persons licensed under s.
77790.06 shall be punished as provided in s. 790.06(12), except
78that a licenseholder who unlawfully discharges a weapon or
79firearm on school property as prohibited by this subsection
80commits a felony of the second degree, punishable as provided in
81s. 775.082, s. 775.083, or s. 775.084.
82     Section 3.  Paragraph (r) of subsection (2) of section
83435.04, Florida Statutes, is amended to read:
84     435.04  Level 2 screening standards.--
85     (2)  The security background investigations under this
86section must ensure that no persons subject to the provisions of
87this section have been found guilty of, regardless of
88adjudication, or entered a plea of nolo contendere or guilty to,
89any offense prohibited under any of the following provisions of
90the Florida Statutes or under any similar statute of another
91jurisdiction:
92     (r)  Section 790.115(2)(b)1., relating to possessing an
93electric weapon or device, destructive device, or other weapon
94on school property.
95     Section 4.  Paragraph (d) of subsection (3) of section
96921.0022, Florida Statutes, is amended to read:
97     921.0022  Criminal Punishment Code; offense severity
98ranking chart.--
99     (3)  OFFENSE SEVERITY RANKING CHART
 
FloridaStatuteFelonyDegreeDescription
100
 


(d)  LEVEL 4
101
 
316.1935(3)(a)2ndDriving 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.
102
 
499.0051(1)3rdFailure to maintain or deliver pedigree papers.
103
 
499.0051(2)3rdFailure to authenticate pedigree papers.
104
 
499.0051(6)2ndSale or delivery, or possession with intent to sell, contraband legend drugs.
105
 
784.07(2)(b)3rdBattery of law enforcement officer, firefighter, intake officer, etc.
106
 
784.074(1)(c)3rdBattery of sexually violent predators facility staff.
107
 
784.0753rdBattery on detention or commitment facility staff.
108
 
784.0783rdBattery of facility employee by throwing, tossing, or expelling certain fluids or materials.
109
 
784.08(2)(c)3rdBattery on a person 65 years of age or older.
110
 
784.081(3)3rdBattery on specified official or employee.
111
 
784.082(3)3rdBattery by detained person on visitor or other detainee.
112
 
784.083(3)3rdBattery on code inspector.
113
 
784.0853rdBattery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
114
 
787.03(1)3rdInterference with custody; wrongly takes minor from appointed guardian.
115
 
787.04(2)3rdTake, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
116
 
787.04(3)3rdCarrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
117
 
790.115(1)3rdExhibiting firearm or weapon within 1,000 feet of a school.
118
 
790.115(2)(b)1.3rdPossessing electric weapon or device, destructive device, or other weapon on school property.
119
 
790.115(2)(c)3rdPossessing firearm on school property.
120
 
800.04(7)(d)3rdLewd or lascivious exhibition; offender less than 18 years.
121
 
810.02(4)(a)3rdBurglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
122
 
810.02(4)(b)3rdBurglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
123
 
810.063rdBurglary; possession of tools.
124
 
810.08(2)(c)3rdTrespass on property, armed with firearm or dangerous weapon.
125
 
812.014(2)(c)3.3rdGrand theft, 3rd degree $10,000 or more but less than $20,000.
126
 
812.014(2)(c)4.-10.3rdGrand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
127
 
812.0195(2)3rdDealing in stolen property by use of the Internet; property stolen $300 or more.
128
 
817.563(1)3rdSell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
129
 
817.568(2)(a)3rdFraudulent use of personal identification information.
130
 
817.625(2)(a)3rdFraudulent use of scanning device or reencoder.
131
 
828.125(1)2ndKill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
132
 
837.02(1)3rdPerjury in official proceedings.
133
 
837.021(1)3rdMake contradictory statements in official proceedings.
134
 
838.0223rdOfficial misconduct.
135
 
839.13(2)(a)3rdFalsifying records of an individual in the care and custody of a state agency.
136
 
839.13(2)(c)3rdFalsifying records of the Department of Children and Family Services.
137
 
843.0213rdPossession of a concealed handcuff key by a person in custody.
138
 
843.0253rdDeprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
139
 
843.15(1)(a)3rdFailure to appear while on bail for felony (bond estreature or bond jumping).
140
 
874.05(1)3rdEncouraging or recruiting another to join a criminal street gang.
141
 
893.13(2)(a)1.2ndPurchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)4. drugs).
142
 
914.14(2)3rdWitnesses accepting bribes.
143
 
914.22(1)3rdForce, threaten, etc., witness, victim, or informant.
144
 
914.23(2)3rdRetaliation against a witness, victim, or informant, no bodily injury.
145
 
918.123rdTampering with jurors.
146
 
934.2153rdUse of two-way communications device to facilitate commission of a crime.
147
148======= T I T L E  A M E N D M E N T =======
149     Between line(s) 15 and 16 insert:
150amending s. 790.115, F.S.; prohibiting possession of common
151pocketknives on school property or other specified locations;
152providing a definition; providing exceptions; providing
153penalties; amending ss. 435.04 and 921.0022, F.S.; conforming
154cross-references;


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