Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 234
       
       
       
       
       
       
                                Barcode 180224                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: RS            .                                
                  03/14/2011           .                                
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       The Committee on Criminal Justice (Evers) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 91 - 167
    4  and insert:
    5  
    6         (b) A person licensed under this section shall not be
    7  prohibited from carrying or storing a firearm in a vehicle for
    8  lawful purposes.
    9         (c) This subsection does not modify the terms or conditions
   10  of s. 790.251(7).
   11         (d) Any person who knowingly and willfully violates any
   12  provision of this subsection commits a misdemeanor of the second
   13  degree, punishable as provided in s. 775.082 or s. 775.083.
   14         Section 2. Section 790.115, Florida Statutes, is amended to
   15  read:
   16         790.115 Possessing or discharging weapons or firearms at a
   17  school-sponsored event or on school property prohibited;
   18  penalties; exceptions.—
   19         (1) A person who exhibits any sword, sword cane, firearm,
   20  electric weapon or device, destructive device, or other weapon
   21  as defined in s. 790.001(13), including a razor blade, box
   22  cutter, or common pocketknife, except as authorized in support
   23  of school-sanctioned activities, in the presence of one or more
   24  persons in a rude, careless, angry, or threatening manner and
   25  not in lawful self-defense, at a school-sponsored event or on
   26  the grounds or facilities of any school, school bus, or school
   27  bus stop, or within 1,000 feet of the real property that
   28  comprises a public or private elementary school, middle school,
   29  or secondary school, during school hours or during the time of a
   30  sanctioned school activity, commits a felony of the third
   31  degree, punishable as provided in s. 775.082, s. 775.083, or s.
   32  775.084. This subsection does not apply to the exhibition of a
   33  firearm or weapon on private real property within 1,000 feet of
   34  a school by the owner of such property or by a person whose
   35  presence on such property has been authorized, licensed, or
   36  invited by the owner.
   37         (2)(a) A person may shall not possess any firearm, electric
   38  weapon or device, destructive device, or other weapon as defined
   39  in s. 790.001(13), including a razor blade or box cutter, except
   40  as authorized in support of school-sanctioned activities, at a
   41  school-sponsored event or on the property of any school, school
   42  bus, or school bus stop; however, a person may carry a firearm:
   43         1. In a case to a firearms program, class, or function that
   44  which has been approved in advance by the principal or chief
   45  administrative officer of the school as a program or class to
   46  which firearms could be carried;
   47         2. In a case to a career center having a firearms training
   48  range; or
   49         3. In a vehicle pursuant to s. 790.25(5); except that
   50  school districts may adopt written and published policies that
   51  waive the exception in this subparagraph for purposes of student
   52  and campus parking privileges.
   53  
   54  For the purposes of this section, the term “school” means any
   55  preschool, elementary school, middle school, junior high school,
   56  or secondary school, career center, or postsecondary school,
   57  whether public or nonpublic.
   58         (b) A person who willfully and knowingly possesses any
   59  electric weapon or device, destructive device, or other weapon
   60  as defined in s. 790.001(13), including a razor blade or box
   61  cutter, except as authorized in support of school-sanctioned
   62  activities, in violation of this subsection commits a felony of
   63  the third degree, punishable as provided in s. 775.082, s.
   64  775.083, or s. 775.084.
   65         (c)1. A person who willfully and knowingly possesses any
   66  firearm in violation of this subsection commits a felony of the
   67  third degree, punishable as provided in s. 775.082, s. 775.083,
   68  or s. 775.084.
   69         2. A person who stores or leaves a loaded firearm within
   70  the reach or easy access of a minor who obtains the firearm and
   71  commits a violation of subparagraph 1. commits a misdemeanor of
   72  the second degree, punishable as provided in s. 775.082 or s.
   73  775.083; except that this does not apply if the firearm was
   74  stored or left in a securely locked box or container or in a
   75  location which a reasonable person would have believed to be
   76  secure, or was securely locked with a firearm-mounted push
   77  button combination lock or a trigger lock; if the minor obtains
   78  the firearm as a result of an unlawful entry by any person; or
   79  to members of the Armed Forces, National Guard, or State
   80  Militia, or to police or other law enforcement officers, with
   81  respect to firearm possession by a minor which occurs during or
   82  incidental to the performance of their official duties.
   83         (d) A person who discharges any weapon or firearm while in
   84  violation of paragraph (a), unless discharged for lawful defense
   85  of himself or herself or another or for a lawful purpose,
   86  commits a felony of the second degree, punishable as provided in
   87  s. 775.082, s. 775.083, or s. 775.084.
   88         (e) The penalties of this subsection do shall not apply to
   89  persons licensed under s. 790.06. Persons licensed under s.
   90  790.06 shall be punished as provided in s. 790.06(12), except
   91  that a licenseholder who unlawfully discharges a weapon or
   92  firearm on school property as prohibited by this subsection
   93  commits a felony of the second degree, punishable as provided in
   94  s. 775.082, s. 775.083, or s. 775.084.
   95         (3) This section does not apply to any law enforcement
   96  officer as defined in s. 943.10(1), (2), (3), (4), (6), (7),
   97  (8), (9), or (14).
   98         (4) Notwithstanding s. 985.24, s. 985.245, or s. 985.25(1),
   99  any minor under 18 years of age who is charged under this
  100  section with possessing or discharging a firearm on school
  101  property shall be detained in secure detention, unless the state
  102  attorney authorizes the release of the minor, and shall be given
  103  a probable cause hearing within 24 hours after being taken into
  104  custody. At the hearing, the court may order that the minor
  105  continue to be held in secure detention for a period of 21 days,
  106  during which time the minor shall receive medical, psychiatric,
  107  psychological, or substance abuse examinations pursuant to s.
  108  985.18, and a written report shall be completed.
  109         Section 3. Section 790.28, Florida Statutes, is repealed.
  110         Section 4. Subsection (1) of section 790.065, Florida
  111  Statutes, is amended to read:
  112         790.065 Sale and delivery of firearms.—
  113         (1)(a) A licensed importer, licensed manufacturer, or
  114  licensed dealer may not sell or deliver from her or his
  115  inventory at her or his licensed premises any firearm to another
  116  person, other than a licensed importer, licensed manufacturer,
  117  licensed dealer, or licensed collector, until she or he has:
  118         1.(a) Obtained a completed form from the potential buyer or
  119  transferee, which form shall have been promulgated by the
  120  Department of Law Enforcement and provided by the licensed
  121  importer, licensed manufacturer, or licensed dealer, which shall
  122  include the name, date of birth, gender, race, and social
  123  security number or other identification number of such potential
  124  buyer or transferee and has inspected proper identification
  125  including an identification containing a photograph of the
  126  potential buyer or transferee.
  127         2.(b) Collected a fee from the potential buyer for
  128  processing the criminal history check of the potential buyer.
  129  The fee shall be established by the Department of Law
  130  Enforcement and may not exceed $8 per transaction. The
  131  Department of Law Enforcement may reduce, or suspend collection
  132  of, the fee to reflect payment received from the Federal
  133  Government applied to the cost of maintaining the criminal
  134  history check system established by this section as a means of
  135  facilitating or supplementing the National Instant Criminal
  136  Background Check System. The Department of Law Enforcement
  137  shall, by rule, establish procedures for the fees to be
  138  transmitted by the licensee to the Department of Law
  139  Enforcement. All such fees shall be deposited into the
  140  Department of Law Enforcement Operating Trust Fund, but shall be
  141  segregated from all other funds deposited into such trust fund
  142  and must be accounted for separately. Such segregated funds must
  143  not be used for any purpose other than the operation of the
  144  criminal history checks required by this section. The Department
  145  of Law Enforcement, each year prior to February 1, shall make a
  146  full accounting of all receipts and expenditures of such funds
  147  to the President of the Senate, the Speaker of the House of
  148  Representatives, the majority and minority leaders of each house
  149  of the Legislature, and the chairs of the appropriations
  150  committees of each house of the Legislature. In the event that
  151  the cumulative amount of funds collected exceeds the cumulative
  152  amount of expenditures by more than $2.5 million, excess funds
  153  may be used for the purpose of purchasing soft body armor for
  154  law enforcement officers.
  155         3.(c) Requested, by means of a toll-free telephone call,
  156  the Department of Law Enforcement to conduct a check of the
  157  information as reported and reflected in the Florida Crime
  158  Information Center and National Crime Information Center systems
  159  as of the date of the request.
  160         4.(d) Received a unique approval number for that inquiry
  161  from the Department of Law Enforcement, and recorded the date
  162  and such number on the consent form.
  163         (b) However, if the person purchasing, or receiving
  164  delivery of, the firearm is a holder of a valid concealed
  165  weapons or firearms license pursuant to the provisions of s.
  166  790.06 or holds an active certification from the Criminal
  167  Justice Standards and Training Commission as a “law enforcement
  168  officer,” a “correctional officer,” or a “correctional probation
  169  officer” as defined in s. 943.10(1), (2), (3), (6), (7), (8), or
  170  (9), the provisions of this subsection does do not apply.
  171         (c) This subsection does not apply to the purchase, trade,
  172  or transfer of rifles or shotguns by a resident of this state
  173  when the resident makes such purchase, trade, or transfer from a
  174  licensed importer, licensed manufacturer, or licensed dealer in
  175  another state.
  176         Section 5. This act shall take effect upon becoming a law.
  177  
  178  ================= T I T L E  A M E N D M E N T ================
  179         And the title is amended as follows:
  180         Delete lines 16 - 23
  181  and insert:
  182         purposes; providing that a provision limiting the
  183         scope of a license to carry a concealed weapon or
  184         firearm does not modify certain exceptions to
  185         prohibited acts with respect to a person’s right to
  186         keep and bear arms in motor vehicles for certain
  187         purposes; amending s. 790.115, F.S., relating to the
  188         prohibition against possessing or discharging weapons
  189         or firearms at a school-sponsored event or on school
  190         property; revising the definition of the term
  191         “school”; repealing s. 790.28, F.S., relating to the
  192         purchase of rifles and shotguns in contiguous states;
  193         amending s. 790.065, F.S.; providing that specified
  194         provisions do not apply to certain firearms
  195         transactions by a resident of this state which take
  196         place in another state; providing an effective date.