Florida Senate - 2017 SB 640
By Senator Steube
23-00707-17 2017640__
1 A bill to be entitled
2 An act relating to concealed weapons or firearms;
3 amending s. 790.06, F.S.; authorizing a concealed
4 weapons or concealed firearms licensee to carry a
5 concealed weapon or firearm into any career center;
6 amending s. 790.115, F.S.; conforming provisions to
7 changes made by the act; reenacting ss. 790.251(7)(a),
8 943.051(3)(b), 985.11(1)(b), 985.25(1)(b),
9 985.255(1)(e), and 985.557(1)(a), F.S., relating to
10 exceptions to specified prohibited acts,
11 fingerprinting of a minor for commission of specified
12 crimes, fingerprinting and photographing a child who
13 is charged with specified crimes, placing a child in
14 secure or nonsecure detention care, a circumstance
15 under which the court may order continued detention at
16 a required detention hearing for a child, and the
17 discretionary direct filing of an information seeking
18 adult sanctions for a child, respectively, to
19 incorporate the amendment made to s. 790.115, F.S., in
20 references thereto; providing an effective date.
21
22 Be It Enacted by the Legislature of the State of Florida:
23
24 Section 1. Paragraph (a) of subsection (12) of section
25 790.06, Florida Statutes, is amended to read:
26 790.06 License to carry concealed weapon or firearm.—
27 (12)(a) A license issued under this section does not
28 authorize any person to openly carry a handgun or carry a
29 concealed weapon or firearm into:
30 1. Any place of nuisance as defined in s. 823.05;
31 2. Any police, sheriff, or highway patrol station;
32 3. Any detention facility, prison, or jail;
33 4. Any courthouse;
34 5. Any courtroom, except that nothing in this section would
35 preclude a judge from carrying a concealed weapon or determining
36 who will carry a concealed weapon in his or her courtroom;
37 6. Any polling place;
38 7. Any meeting of the governing body of a county, public
39 school district, municipality, or special district;
40 8. Any meeting of the Legislature or a committee thereof;
41 9. Any school, college, or professional athletic event not
42 related to firearms;
43 10. Any elementary or secondary school facility or
44 administration building;
45 11. Any career center;
46 11.12. Any portion of an establishment licensed to dispense
47 alcoholic beverages for consumption on the premises, which
48 portion of the establishment is primarily devoted to such
49 purpose;
50 12.13. Any college or university facility unless the
51 licensee is a registered student, employee, or faculty member of
52 such college or university and the weapon is a stun gun or
53 nonlethal electric weapon or device designed solely for
54 defensive purposes and the weapon does not fire a dart or
55 projectile;
56 13.14. The inside of the passenger terminal and sterile
57 area of any airport, provided that no person shall be prohibited
58 from carrying any legal firearm into the terminal, which firearm
59 is encased for shipment for purposes of checking such firearm as
60 baggage to be lawfully transported on any aircraft; or
61 14.15. Any place where the carrying of firearms is
62 prohibited by federal law.
63 Section 2. Subsection (2) of section 790.115, Florida
64 Statutes, is amended to read:
65 790.115 Possessing or discharging weapons or firearms at a
66 school-sponsored event or on school property prohibited;
67 penalties; exceptions.—
68 (2)(a) A person may shall not possess any firearm, electric
69 weapon or device, destructive device, or other weapon as defined
70 in s. 790.001(13), including a razor blade or box cutter, except
71 as authorized in support of school-sanctioned activities, at a
72 school-sponsored event or on the property of any school, school
73 bus, or school bus stop.; However, at a career center, the
74 restrictions in this paragraph on possessing a firearm, electric
75 weapon or device, or other weapon do not apply to a person who
76 has a concealed weapon or concealed firearm license unless the
77 career center is located in a place identified in s. 790.06(12)
78 where the authority under a concealed weapon or firearm license
79 does not apply. Additionally, a person may carry a firearm:
80 1. In a case to a firearms program, class, or function that
81 which has been approved in advance by the principal or chief
82 administrative officer of the school as a program, or class, or
83 function to which firearms could be carried;
84 2. In a case to a career center having a firearms training
85 range; or
86 3. In a vehicle pursuant to s. 790.25(5); except that
87 school districts may adopt written and published policies that
88 waive the exception in this subparagraph for purposes of student
89 and campus parking privileges.
90
91 For the purposes of this section, “school” means any preschool,
92 elementary school, middle school, junior high school, secondary
93 school, career center, or postsecondary school, whether public
94 or nonpublic.
95 (b) A person who willfully and knowingly possesses any
96 electric weapon or device, destructive device, or other weapon
97 as defined in s. 790.001(13), including a razor blade or box
98 cutter, except as authorized in support of school-sanctioned
99 activities, in violation of this subsection commits a felony of
100 the third degree, punishable as provided in s. 775.082, s.
101 775.083, or s. 775.084.
102 (c)1. A person who willfully and knowingly possesses any
103 firearm in violation of this subsection commits a felony of the
104 third degree, punishable as provided in s. 775.082, s. 775.083,
105 or s. 775.084.
106 2. A person who stores or leaves a loaded firearm within
107 the reach or easy access of a minor who obtains the firearm and
108 commits a violation of subparagraph 1. commits a misdemeanor of
109 the second degree, punishable as provided in s. 775.082 or s.
110 775.083; except that this does not apply if the firearm was
111 stored or left in a securely locked box or container or in a
112 location which a reasonable person would have believed to be
113 secure, or was securely locked with a firearm-mounted push
114 button combination lock or a trigger lock; if the minor obtains
115 the firearm as a result of an unlawful entry by any person; or
116 to members of the Armed Forces, National Guard, or State
117 Militia, or to police or other law enforcement officers, with
118 respect to firearm possession by a minor which occurs during or
119 incidental to the performance of their official duties.
120 (d) A person who discharges any weapon or firearm while in
121 violation of paragraph (a), unless discharged for lawful defense
122 of himself or herself or another or for a lawful purpose,
123 commits a felony of the second degree, punishable as provided in
124 s. 775.082, s. 775.083, or s. 775.084.
125 (e) The penalties of this subsection shall not apply to
126 persons licensed under s. 790.06. Persons licensed under s.
127 790.06 shall be punished as provided in s. 790.06(12), except
128 that a licenseholder who unlawfully discharges a weapon or
129 firearm on school property as prohibited by this subsection
130 commits a felony of the second degree, punishable as provided in
131 s. 775.082, s. 775.083, or s. 775.084.
132 Section 3. For the purpose of incorporating the amendment
133 made by this act to section 790.115, Florida Statutes, in a
134 reference thereto, paragraph (a) of subsection (7) of section
135 790.251, Florida Statutes, is reenacted to read:
136 790.251 Protection of the right to keep and bear arms in
137 motor vehicles for self-defense and other lawful purposes;
138 prohibited acts; duty of public and private employers; immunity
139 from liability; enforcement.—
140 (7) EXCEPTIONS.—The prohibitions in subsection (4) do not
141 apply to:
142 (a) Any school property as defined and regulated under s.
143 790.115.
144 Section 4. For the purpose of incorporating the amendment
145 made by this act to section 790.115, Florida Statutes, in a
146 reference thereto, paragraph (b) of subsection (3) of section
147 943.051, Florida Statutes, is reenacted to read:
148 943.051 Criminal justice information; collection and
149 storage; fingerprinting.—
150 (3)
151 (b) A minor who is charged with or found to have committed
152 the following offenses shall be fingerprinted and the
153 fingerprints shall be submitted electronically to the
154 department, unless the minor is issued a civil citation pursuant
155 to s. 985.12:
156 1. Assault, as defined in s. 784.011.
157 2. Battery, as defined in s. 784.03.
158 3. Carrying a concealed weapon, as defined in s. 790.01(1).
159 4. Unlawful use of destructive devices or bombs, as defined
160 in s. 790.1615(1).
161 5. Neglect of a child, as defined in s. 827.03(1)(e).
162 6. Assault or battery on a law enforcement officer, a
163 firefighter, or other specified officers, as defined in s.
164 784.07(2)(a) and (b).
165 7. Open carrying of a weapon, as defined in s. 790.053.
166 8. Exposure of sexual organs, as defined in s. 800.03.
167 9. Unlawful possession of a firearm, as defined in s.
168 790.22(5).
169 10. Petit theft, as defined in s. 812.014(3).
170 11. Cruelty to animals, as defined in s. 828.12(1).
171 12. Arson, as defined in s. 806.031(1).
172 13. Unlawful possession or discharge of a weapon or firearm
173 at a school-sponsored event or on school property, as provided
174 in s. 790.115.
175 Section 5. For the purpose of incorporating the amendment
176 made by this act to section 790.115, Florida Statutes, in a
177 reference thereto, paragraph (b) of subsection (1) of section
178 985.11, Florida Statutes, is reenacted to read:
179 985.11 Fingerprinting and photographing.—
180 (1)
181 (b) Unless the child is issued a civil citation or is
182 participating in a similar diversion program pursuant to s.
183 985.12, a child who is charged with or found to have committed
184 one of the following offenses shall be fingerprinted, and the
185 fingerprints shall be submitted to the Department of Law
186 Enforcement as provided in s. 943.051(3)(b):
187 1. Assault, as defined in s. 784.011.
188 2. Battery, as defined in s. 784.03.
189 3. Carrying a concealed weapon, as defined in s. 790.01(1).
190 4. Unlawful use of destructive devices or bombs, as defined
191 in s. 790.1615(1).
192 5. Neglect of a child, as defined in s. 827.03(1)(e).
193 6. Assault on a law enforcement officer, a firefighter, or
194 other specified officers, as defined in s. 784.07(2)(a).
195 7. Open carrying of a weapon, as defined in s. 790.053.
196 8. Exposure of sexual organs, as defined in s. 800.03.
197 9. Unlawful possession of a firearm, as defined in s.
198 790.22(5).
199 10. Petit theft, as defined in s. 812.014.
200 11. Cruelty to animals, as defined in s. 828.12(1).
201 12. Arson, resulting in bodily harm to a firefighter, as
202 defined in s. 806.031(1).
203 13. Unlawful possession or discharge of a weapon or firearm
204 at a school-sponsored event or on school property as defined in
205 s. 790.115.
206
207 A law enforcement agency may fingerprint and photograph a child
208 taken into custody upon probable cause that such child has
209 committed any other violation of law, as the agency deems
210 appropriate. Such fingerprint records and photographs shall be
211 retained by the law enforcement agency in a separate file, and
212 these records and all copies thereof must be marked “Juvenile
213 Confidential.” These records are not available for public
214 disclosure and inspection under s. 119.07(1) except as provided
215 in ss. 943.053 and 985.04(2), but shall be available to other
216 law enforcement agencies, criminal justice agencies, state
217 attorneys, the courts, the child, the parents or legal
218 custodians of the child, their attorneys, and any other person
219 authorized by the court to have access to such records. In
220 addition, such records may be submitted to the Department of Law
221 Enforcement for inclusion in the state criminal history records
222 and used by criminal justice agencies for criminal justice
223 purposes. These records may, in the discretion of the court, be
224 open to inspection by anyone upon a showing of cause. The
225 fingerprint and photograph records shall be produced in the
226 court whenever directed by the court. Any photograph taken
227 pursuant to this section may be shown by a law enforcement
228 officer to any victim or witness of a crime for the purpose of
229 identifying the person who committed such crime.
230 Section 6. For the purpose of incorporating the amendment
231 made by this act to section 790.115, Florida Statutes, in a
232 reference thereto, paragraph (b) of subsection (1) of section
233 985.25, Florida Statutes, is reenacted to read:
234 985.25 Detention intake.—
235 (1) The department shall receive custody of a child who has
236 been taken into custody from the law enforcement agency or court
237 and shall review the facts in the law enforcement report or
238 probable cause affidavit and make such further inquiry as may be
239 necessary to determine whether detention care is appropriate.
240 (b) The department shall base the decision whether to place
241 the child into secure or nonsecure detention care on an
242 assessment of risk in accordance with the risk assessment
243 instrument and procedures developed by the department under s.
244 985.245. However, a child charged with possessing or discharging
245 a firearm on school property in violation of s. 790.115 shall be
246 placed in secure detention care. A child who has been taken into
247 custody on three or more separate occasions within a 60-day
248 period shall be placed in secure detention care until the
249 child’s detention hearing.
250
251 Under no circumstances shall the department or the state
252 attorney or law enforcement officer authorize the detention of
253 any child in a jail or other facility intended or used for the
254 detention of adults, without an order of the court.
255 Section 7. For the purpose of incorporating the amendment
256 made by this act to section 790.115, Florida Statutes, in a
257 reference thereto, paragraph (e) of subsection (1) of section
258 985.255, Florida Statutes, is reenacted to read:
259 985.255 Detention criteria; detention hearing.—
260 (1) Subject to s. 985.25(1), a child taken into custody and
261 placed into secure or nonsecure detention care shall be given a
262 hearing within 24 hours after being taken into custody. At the
263 hearing, the court may order continued detention if:
264 (e) The child is charged with possession of or discharging
265 a firearm on school property in violation of s. 790.115 or the
266 illegal possession of a firearm.
267 Section 8. For the purpose of incorporating the amendment
268 made by this act to section 790.115, Florida Statutes, in a
269 reference thereto, paragraph (a) of subsection (1) of section
270 985.557, Florida Statutes, is reenacted to read:
271 985.557 Direct filing of an information; discretionary and
272 mandatory criteria.—
273 (1) DISCRETIONARY DIRECT FILE.—
274 (a) With respect to any child who was 14 or 15 years of age
275 at the time the alleged offense was committed, the state
276 attorney may file an information when in the state attorney’s
277 judgment and discretion the public interest requires that adult
278 sanctions be considered or imposed and when the offense charged
279 is for the commission of, attempt to commit, or conspiracy to
280 commit:
281 1. Arson;
282 2. Sexual battery;
283 3. Robbery;
284 4. Kidnapping;
285 5. Aggravated child abuse;
286 6. Aggravated assault;
287 7. Aggravated stalking;
288 8. Murder;
289 9. Manslaughter;
290 10. Unlawful throwing, placing, or discharging of a
291 destructive device or bomb;
292 11. Armed burglary in violation of s. 810.02(2)(b) or
293 specified burglary of a dwelling or structure in violation of s.
294 810.02(2)(c), or burglary with an assault or battery in
295 violation of s. 810.02(2)(a);
296 12. Aggravated battery;
297 13. Any lewd or lascivious offense committed upon or in the
298 presence of a person less than 16 years of age;
299 14. Carrying, displaying, using, threatening, or attempting
300 to use a weapon or firearm during the commission of a felony;
301 15. Grand theft in violation of s. 812.014(2)(a);
302 16. Possessing or discharging any weapon or firearm on
303 school property in violation of s. 790.115;
304 17. Home invasion robbery;
305 18. Carjacking; or
306 19. Grand theft of a motor vehicle in violation of s.
307 812.014(2)(c)6. or grand theft of a motor vehicle valued at
308 $20,000 or more in violation of s. 812.014(2)(b) if the child
309 has a previous adjudication for grand theft of a motor vehicle
310 in violation of s. 812.014(2)(c)6. or s. 812.014(2)(b).
311 Section 9. This act shall take effect July 1, 2017.