1 | Representative(s) Poppell offered the following: |
2 |
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3 | Amendment (with title amendment) |
4 | Between line(s) 192 and 193 insert: |
5 | Section 2. Subsection (2) of section 790.115, Florida |
6 | Statutes, is amended to read: |
7 | 790.115 Possessing or discharging weapons or firearms at a |
8 | school-sponsored event or on school property prohibited; |
9 | penalties; exceptions.-- |
10 | (2)(a) A person shall not possess any firearm, electric |
11 | weapon or device, destructive device, or other weapon as defined |
12 | in s. 790.001(13), including a razor blade, or box cutter, or |
13 | common pocketknife, except as authorized in support of school- |
14 | sanctioned activities, at a school-sponsored event or on the |
15 | property of any school, school bus, or school bus stop; however, |
16 | a person may carry a firearm: |
17 | 1. In a case to a firearms program, class or function |
18 | which has been approved in advance by the principal or chief |
19 | administrative officer of the school as a program or class to |
20 | which firearms could be carried; |
21 | 2. In a case to a career center having a firearms training |
22 | range; or |
23 | 3. In a vehicle pursuant to s. 790.25(5); except that |
24 | school districts may adopt written and published policies that |
25 | waive the exception in this subparagraph for purposes of student |
26 | and campus parking privileges. |
27 |
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28 | For the purposes of this section, "school" means any preschool, |
29 | elementary school, middle school, junior high school, secondary |
30 | school, career center, or postsecondary school, whether public |
31 | or nonpublic. |
32 | (b)1. Except as provided in subparagraph 2. and paragraph |
33 | (c), a person who willfully and knowingly possesses any electric |
34 | weapon or device, destructive device, or other weapon in |
35 | violation of paragraph (a) as defined in s. 790.001(13), |
36 | including a razor blade or box cutter, except as authorized in |
37 | support of school-sanctioned activities, in violation of this |
38 | subsection commits a felony of the third degree, punishable as |
39 | provided in s. 775.082, s. 775.083, or s. 775.084. |
40 | 2. A person who willfully and knowingly possesses a common |
41 | pocketknife in violation of paragraph (a) commits a misdemeanor |
42 | of the second degree, punishable as provided in s. 775.082 or s. |
43 | 775.083. For purposes of this section "common pocketknife" means |
44 | a folding knife having one or more blades or tools, none of |
45 | which lock into place, and the sharpened edges of which are |
46 | plain and nonserrated. Sharpened blades shall be sharp on one |
47 | edge only and the length of the longest sharpened blade shall be |
48 | no longer than 3 inches, measured in linear fashion from the |
49 | base of the sharpened edge to the point. No switchblade, gravity |
50 | knife, automatic knife, or butterfly knife is considered a |
51 | common pocketknife. |
52 | (c)1. A person who willfully and knowingly possesses any |
53 | firearm in violation of this subsection commits a felony of the |
54 | third degree, punishable as provided in s. 775.082, s. 775.083, |
55 | or s. 775.084. |
56 | 2. A person who stores or leaves a loaded firearm within |
57 | the reach or easy access of a minor who obtains the firearm and |
58 | commits a violation of subparagraph 1. commits a misdemeanor of |
59 | the second degree, punishable as provided in s. 775.082 or s. |
60 | 775.083; except that this does not apply if the firearm was |
61 | stored or left in a securely locked box or container or in a |
62 | location which a reasonable person would have believed to be |
63 | secure, or was securely locked with a firearm-mounted push- |
64 | button combination lock or a trigger lock; if the minor obtains |
65 | the firearm as a result of an unlawful entry by any person; or |
66 | to members of the Armed Forces, National Guard, or State |
67 | Militia, or to police or other law enforcement officers, with |
68 | respect to firearm possession by a minor which occurs during or |
69 | incidental to the performance of their official duties. |
70 | (d) A person who discharges any weapon or firearm while in |
71 | violation of paragraph (a), unless discharged for lawful defense |
72 | of himself or herself or another or for a lawful purpose, |
73 | commits a felony of the second degree, punishable as provided in |
74 | s. 775.082, s. 775.083, or s. 775.084. |
75 | (e) The penalties of this subsection shall not apply to |
76 | persons licensed under s. 790.06. Persons licensed under s. |
77 | 790.06 shall be punished as provided in s. 790.06(12), except |
78 | that a licenseholder who unlawfully discharges a weapon or |
79 | firearm on school property as prohibited by this subsection |
80 | commits a felony of the second degree, punishable as provided in |
81 | s. 775.082, s. 775.083, or s. 775.084. |
82 | Section 3. Paragraph (r) of subsection (2) of section |
83 | 435.04, Florida Statutes, is amended to read: |
84 | 435.04 Level 2 screening standards.-- |
85 | (2) The security background investigations under this |
86 | section must ensure that no persons subject to the provisions of |
87 | this section have been found guilty of, regardless of |
88 | adjudication, or entered a plea of nolo contendere or guilty to, |
89 | any offense prohibited under any of the following provisions of |
90 | the Florida Statutes or under any similar statute of another |
91 | jurisdiction: |
92 | (r) Section 790.115(2)(b)1., relating to possessing an |
93 | electric weapon or device, destructive device, or other weapon |
94 | on school property. |
95 | Section 4. Paragraph (d) of subsection (3) of section |
96 | 921.0022, Florida Statutes, is amended to read: |
97 | 921.0022 Criminal Punishment Code; offense severity |
98 | ranking chart.-- |
99 | (3) OFFENSE SEVERITY RANKING CHART |
| FloridaStatute | FelonyDegree | Description |
|
100 |
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| |
101 |
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| 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. |
|
102 |
|
| 499.0051(1) | 3rd | Failure to maintain or deliver pedigree papers. |
|
103 |
|
| 499.0051(2) | 3rd | Failure to authenticate pedigree papers. |
|
104 |
|
| 499.0051(6) | 2nd | Sale or delivery, or possession with intent to sell, contraband legend drugs. |
|
105 |
|
| 784.07(2)(b) | 3rd | Battery of law enforcement officer, firefighter, intake officer, etc. |
|
106 |
|
| 784.074(1)(c) | 3rd | Battery of sexually violent predators facility staff. |
|
107 |
|
| 784.075 | 3rd | Battery on detention or commitment facility staff. |
|
108 |
|
| 784.078 | 3rd | Battery of facility employee by throwing, tossing, or expelling certain fluids or materials. |
|
109 |
|
| 784.08(2)(c) | 3rd | Battery on a person 65 years of age or older. |
|
110 |
|
| 784.081(3) | 3rd | Battery on specified official or employee. |
|
111 |
|
| 784.082(3) | 3rd | Battery by detained person on visitor or other detainee. |
|
112 |
|
| 784.083(3) | 3rd | Battery on code inspector. |
|
113 |
|
| 784.085 | 3rd | Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials. |
|
114 |
|
| 787.03(1) | 3rd | Interference with custody; wrongly takes minor from appointed guardian. |
|
115 |
|
| 787.04(2) | 3rd | Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings. |
|
116 |
|
| 787.04(3) | 3rd | Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person. |
|
117 |
|
| 790.115(1) | 3rd | Exhibiting firearm or weapon within 1,000 feet of a school. |
|
118 |
|
| 790.115(2)(b)1. | 3rd | Possessing electric weapon or device, destructive device, or other weapon on school property. |
|
119 |
|
| 790.115(2)(c) | 3rd | Possessing firearm on school property. |
|
120 |
|
| 800.04(7)(d) | 3rd | Lewd or lascivious exhibition; offender less than 18 years. |
|
121 |
|
| 810.02(4)(a) | 3rd | Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery. |
|
122 |
|
| 810.02(4)(b) | 3rd | Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery. |
|
123 |
|
| 810.06 | 3rd | Burglary; possession of tools. |
|
124 |
|
| 810.08(2)(c) | 3rd | Trespass on property, armed with firearm or dangerous weapon. |
|
125 |
|
| 812.014(2)(c)3. | 3rd | Grand theft, 3rd degree $10,000 or more but less than $20,000. |
|
126 |
|
| 812.014(2)(c)4.-10. | 3rd | Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc. |
|
127 |
|
| 812.0195(2) | 3rd | Dealing in stolen property by use of the Internet; property stolen $300 or more. |
|
128 |
|
| 817.563(1) | 3rd | Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs. |
|
129 |
|
| 817.568(2)(a) | 3rd | Fraudulent use of personal identification information. |
|
130 |
|
| 817.625(2)(a) | 3rd | Fraudulent use of scanning device or reencoder. |
|
131 |
|
| 828.125(1) | 2nd | Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle. |
|
132 |
|
| 837.02(1) | 3rd | Perjury in official proceedings. |
|
133 |
|
| 837.021(1) | 3rd | Make contradictory statements in official proceedings. |
|
134 |
|
| 838.022 | 3rd | Official misconduct. |
|
135 |
|
| 839.13(2)(a) | 3rd | Falsifying records of an individual in the care and custody of a state agency. |
|
136 |
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| 839.13(2)(c) | 3rd | Falsifying records of the Department of Children and Family Services. |
|
137 |
|
| 843.021 | 3rd | Possession of a concealed handcuff key by a person in custody. |
|
138 |
|
| 843.025 | 3rd | Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication. |
|
139 |
|
| 843.15(1)(a) | 3rd | Failure to appear while on bail for felony (bond estreature or bond jumping). |
|
140 |
|
| 874.05(1) | 3rd | Encouraging or recruiting another to join a criminal street gang. |
|
141 |
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| 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). |
|
142 |
|
| 914.14(2) | 3rd | Witnesses accepting bribes. |
|
143 |
|
| 914.22(1) | 3rd | Force, threaten, etc., witness, victim, or informant. |
|
144 |
|
| 914.23(2) | 3rd | Retaliation against a witness, victim, or informant, no bodily injury. |
|
145 |
|
| 918.12 | 3rd | Tampering with jurors. |
|
146 |
|
| 934.215 | 3rd | Use of two-way communications device to facilitate commission of a crime. |
|
147 |
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148 | ======= T I T L E A M E N D M E N T ======= |
149 | Between line(s) 15 and 16 insert: |
150 | amending s. 790.115, F.S.; prohibiting possession of common |
151 | pocketknives on school property or other specified locations; |
152 | providing a definition; providing exceptions; providing |
153 | penalties; amending ss. 435.04 and 921.0022, F.S.; conforming |
154 | cross-references; |