Senate Bill 1376

    Florida Senate - 1998                                  SB 1376

    By Senator Campbell





    33-1336-98                                              See HB

  1                      A bill to be entitled

  2         An act relating to discharging firearms in

  3         public; amending s. 790.15, F.S.; reclassifying

  4         from a misdemeanor of the first degree to a

  5         felony of the third degree the offense of

  6         knowingly discharging a firearm in any public

  7         place, on or over the right-of-way of a paved

  8         public road, highway, or street, or over

  9         occupied premises; providing penalties;

10         providing enhanced penalties for habitual

11         offenders; providing exceptions; conforming a

12         reference; providing an effective date.

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14  Be It Enacted by the Legislature of the State of Florida:

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16         Section 1.  Subsection (1) of section 790.15, Florida

17  Statutes, is amended to read:

18         790.15  Discharging firearm in public.--

19         (1)  Except as provided in subsection (2) or subsection

20  (3), any person who knowingly discharges a firearm in any

21  public place, or on or over the right-of-way of any paved

22  public road, highway, or street, or whosoever knowingly

23  discharges any firearm over the right-of-way of any paved

24  public road, highway, or street or over any occupied premises

25  commits is guilty of a felony misdemeanor of the third first

26  degree, punishable as provided in s. 775.082, or s. 775.083,

27  or s. 775.084.  This section does not apply to a person

28  lawfully defending life or property or performing official

29  duties requiring the discharge of a firearm or to a person

30  discharging a firearm on public roads or properties expressly

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                  SB 1376
    33-1336-98                                              See HB




  1  approved for hunting by the Game and Fresh Water Fish

  2  Commission or Division of Forestry.

  3         (2)  Any occupant of any vehicle who knowingly and

  4  willfully discharges any firearm from the vehicle within 1,000

  5  feet of any person commits a felony of the second degree,

  6  punishable as provided in s. 775.082, s. 775.083, or s.

  7  775.084.

  8         (3)  Any driver or owner of any vehicle, whether or not

  9  the owner of the vehicle is occupying the vehicle, who

10  knowingly directs any other person to discharge any firearm

11  from the vehicle commits a felony of the third degree,

12  punishable as provided in s. 775.082, s. 775.083, or s.

13  775.084.

14         Section 2.  This act shall take effect October 1 of the

15  year in which enacted.

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17            *****************************************

18                          HOUSE SUMMARY

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      Reclassifies from a misdemeanor of the first degree to a
20    felony of the third degree the offense of knowingly
      discharging a firearm in any public place, on or over the
21    right-of-way of a paved public road, highway, or street,
      or over occupied premises. Provides penalties, including
22    enhanced penalties for habitual offenders.

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