Florida Senate - 2012                                     SB 356
       By Senator Ring
       32-00458-12                                            2012356__
    1                        A bill to be entitled                      
    2         An act relating to possession of weapons on school
    3         property; amending s. 790.115, F.S.; prohibiting
    4         possession of a common pocketknife, except as
    5         authorized, at a school-sponsored event or on the
    6         property of any school, school bus, or school bus
    7         stop; providing criminal penalties; reenacting s.
    8         921.0022(3)(d), F.S., relating to the offense severity
    9         ranking chart of the Criminal Punishment Code, to
   10         incorporate the amendments made to s. 790.115, F.S.,
   11         in a reference thereto; providing an effective date.
   13  Be It Enacted by the Legislature of the State of Florida:
   15         Section 1. Paragraphs (a) and (b) of subsection (2) of
   16  section 790.115, Florida Statutes, are amended to read:
   17         790.115 Possessing or discharging weapons or firearms at a
   18  school-sponsored event or on school property prohibited;
   19  penalties; exceptions.—
   20         (2)(a) A person shall not possess any firearm, electric
   21  weapon or device, destructive device, or other weapon as defined
   22  in s. 790.001(13), including a razor blade or box cutter or a
   23  common pocketknife, except as authorized in support of school
   24  sanctioned activities, at a school-sponsored event or on the
   25  property of any school, school bus, or school bus stop; however,
   26  a person may carry a firearm:
   27         1. In a case to a firearms program, class, or function
   28  which has been approved in advance by the principal or chief
   29  administrative officer of the school as a program or class to
   30  which firearms could be carried;
   31         2. In a case to a career center having a firearms training
   32  range; or
   33         3. In a vehicle pursuant to s. 790.25(5),; except that
   34  school districts may adopt written and published policies that
   35  waive the exception in this subparagraph for purposes of student
   36  and campus parking privileges.
   38  For the purposes of this section, “school” means any preschool,
   39  elementary school, middle school, junior high school, secondary
   40  school, career center, or postsecondary school, whether public
   41  or nonpublic.
   42         (b) A person who willfully and knowingly possesses any
   43  electric weapon or device, destructive device, or other weapon
   44  as defined in s. 790.001(13), including a razor blade or box
   45  cutter or a common pocketknife, except as authorized in support
   46  of school-sanctioned activities, in violation of this subsection
   47  commits a felony of the third degree, punishable as provided in
   48  s. 775.082, s. 775.083, or s. 775.084.
   49         Section 2. For the purpose of incorporating the amendment
   50  made by this act to section 790.115, Florida Statutes, in a
   51  reference thereto, paragraph (d) of subsection (3) of section
   52  921.0022, Florida Statutes, is reenacted to read:
   53         921.0022 Criminal Punishment Code; offense severity ranking
   54  chart.—
   56         (d) LEVEL 4
   57  FloridaStatute   FelonyDegree                Description                 
   58  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.
   59  499.0051(1)        3rd   Failure to maintain or deliver pedigree papers.
   60  499.0051(2)        3rd   Failure to authenticate pedigree papers.    
   61  499.0051(6)        2nd   Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
   62  784.07(2)(b)       3rd   Battery of law enforcement officer, firefighter, etc.
   63  784.074(1)(c)      3rd   Battery of sexually violent predators facility staff.
   64  784.075            3rd   Battery on detention or commitment facility staff.
   65  784.078            3rd   Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
   66  784.08(2)(c)       3rd   Battery on a person 65 years of age or older.
   67  784.081(3)         3rd   Battery on specified official or employee.  
   68  784.082(3)         3rd   Battery by detained person on visitor or other detainee.
   69  784.083(3)         3rd   Battery on code inspector.                  
   70  784.085            3rd   Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
   71  787.03(1)          3rd   Interference with custody; wrongly takes minor from appointed guardian.
   72  787.04(2)          3rd   Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
   73  787.04(3)          3rd   Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
   74  790.115(1)         3rd   Exhibiting firearm or weapon within 1,000 feet of a school.
   75  790.115(2)(b)      3rd   Possessing electric weapon or device, destructive device, or other weapon on school property.
   76  790.115(2)(c)      3rd   Possessing firearm on school property.      
   77  800.04(7)(c)       3rd   Lewd or lascivious exhibition; offender less than 18 years.
   78  810.02(4)(a)       3rd   Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
   79  810.02(4)(b)       3rd   Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
   80  810.06             3rd   Burglary; possession of tools.              
   81  810.08(2)(c)       3rd   Trespass on property, armed with firearm or dangerous weapon.
   82  812.014(2)(c)3.    3rd   Grand theft, 3rd degree $10,000 or more but less than $20,000.
   83  812.014 (2)(c)4.-10.  3rd   Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
   84  812.0195(2)        3rd   Dealing in stolen property by use of the Internet; property stolen $300 or more.
   85  817.563(1)         3rd   Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
   86  817.568(2)(a)      3rd   Fraudulent use of personal identification information.
   87  817.625(2)(a)      3rd   Fraudulent use of scanning device or reencoder.
   88  828.125(1)         2nd   Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
   89  837.02(1)          3rd   Perjury in official proceedings.            
   90  837.021(1)         3rd   Make contradictory statements in official proceedings.
   91  838.022            3rd   Official misconduct.                        
   92  839.13(2)(a)       3rd   Falsifying records of an individual in the care and custody of a state agency.
   93  839.13(2)(c)       3rd   Falsifying records of the Department of Children and Family Services.
   94  843.021            3rd   Possession of a concealed handcuff key by a person in custody.
   95  843.025            3rd   Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
   96  843.15(1)(a)       3rd   Failure to appear while on bail for felony (bond estreature or bond jumping).
   97  847.0135(5)(c)     3rd   Lewd or lascivious exhibition using computer; offender less than 18 years.
   98  874.05(1)          3rd   Encouraging or recruiting another to join a criminal gang.
   99  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).
  100  914.14(2)          3rd   Witnesses accepting bribes.                 
  101  914.22(1)          3rd   Force, threaten, etc., witness, victim, or informant.
  102  914.23(2)          3rd   Retaliation against a witness, victim, or informant, no bodily injury.
  103  918.12             3rd   Tampering with jurors.                      
  104  934.215            3rd   Use of two-way communications device to facilitate commission of a crime.
  105         Section 3. This act shall take effect July 1, 2012.