Florida Senate - 2023                                     SB 656
       
       
        
       By Senator Burgess
       
       
       
       
       
       23-01086-23                                            2023656__
    1                        A bill to be entitled                      
    2         An act relating to unlawful possession of firearms,
    3         ammunition, or electric weapons or devices; amending
    4         s. 790.23, F.S.; revising the circumstances under
    5         which it is unlawful for any person to own or to have
    6         in his or her care, custody, possession, or control
    7         any firearm, ammunition, or electric weapon or device,
    8         or to carry a concealed weapon; providing an effective
    9         date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Section 790.23, Florida Statutes, is amended to
   14  read:
   15         790.23 Felons and delinquents; possession of firearms,
   16  ammunition, or electric weapons or devices unlawful.—
   17         (1) It is unlawful for any person to own or to have in his
   18  or her care, custody, possession, or control any firearm,
   19  ammunition, or electric weapon or device, or to carry a
   20  concealed weapon, including a tear gas gun or chemical weapon or
   21  device, if that person has been:
   22         (a) Convicted of a felony in the courts of this state;
   23         (b) Adjudicated delinquent Found, in the courts of this
   24  state, if the to have committed a delinquent act that would be a
   25  felony if committed by an adult and such person is under 24
   26  years of age;
   27         (c) Convicted of or found to have committed a crime against
   28  the United States which is designated as a felony;
   29         (d) Adjudicated Found to have committed a delinquent act in
   30  another state, territory, or country for committing an act that
   31  would be a felony if committed by an adult and which was
   32  punishable by imprisonment for a term exceeding 1 year and such
   33  person is under 24 years of age; or
   34         (e) Found guilty of an offense that is a felony in another
   35  state, territory, or country and which was punishable by
   36  imprisonment for a term exceeding 1 year.
   37         (2) This section does shall not apply to a person:
   38         (a) Convicted of a felony whose civil rights and firearm
   39  authority have been restored.
   40         (b) Whose criminal history record has been expunged
   41  pursuant to s. 943.0515(1)(b).
   42         (3) Except as otherwise provided in subsection (4), any
   43  person who violates this section commits a felony of the second
   44  degree, punishable as provided in s. 775.082, s. 775.083, or s.
   45  775.084.
   46         (4) Notwithstanding the provisions of s. 874.04, if the
   47  offense described in subsection (1) has been committed by a
   48  person who has previously qualified or currently qualifies for
   49  the penalty enhancements provided for in s. 874.04, the offense
   50  is a felony of the first degree, punishable by a term of years
   51  not exceeding life or as provided in s. 775.082, s. 775.083, or
   52  s. 775.084.
   53         Section 2. This act shall take effect July 1, 2023.