House Bill 0349e2
CODING: Words stricken are deletions; words underlined are additions.
                                          HB 349, Second Engrossed
  1                      A bill to be entitled
  2         An act relating to weapons and firearms;
  3         amending s. 790.22, F.S.; relating to certain
  4         offenses involving use or possession of a
  5         firearm by a minor or offenses during the
  6         commission of which the minor possessed a
  7         firearm; authorizing secure detention for a
  8         first offense of possession of a firearm by a
  9         minor, providing that possession of a firearm
10         by a minor for a second or subsequent offense
11         constitutes a felony of the third degree
12         instead of a misdemeanor of the first degree;
13         authorizing secure detention for a specified
14         period; providing or revising penalties for
15         specified offenses; requiring secure detention
16         for specified periods, or increasing detention
17         periods imposed, for commission of specified
18         initial, second, or subsequent offenses;
19         providing for performance of community service
20         in a manner involving a hospital emergency room
21         or other medical environment dealing on a
22         regular basis with trauma patients and gunshot
23         wounds; providing that the minor offender may
24         not receive credit for time served before
25         adjudication of certain offenses; amending ss.
26         943.051(3)(b); and 985.212(1)(b), F.S.,
27         relating to criminal justice information and
28         fingerprinting; amending s. 790.115, F.S.;
29         prohibiting the possession or dischanging
30         firearms at a school-sponsored event, requiring
31         a minor charged with certain activities to be
                                  1
CODING: Words stricken are deletions; words underlined are additions.
                                          HB 349, Second Engrossed
  1         detained in secure detention; requiring a
  2         hearing within a time certain; authorizing a
  3         court to order continued secure detention for a
  4         certain period; providing requirements for such
  5         detention; amending s. 985.215, F.S.; requiring
  6         secure detention care placement for a child
  7         charged with certain activities; authorizing a
  8         court to continue detaining a child charged
  9         with certain activities; amending s. 985.227,
10         F.S.; providing for discretionary direct file
11         for the offense of possessing or discharging
12         firearms on school property; providing an
13         effective date.
14
15  Be It Enacted by the Legislature of the State of Florida:
16
17         Section 1.  Section 790.22, Florida Statutes, 1998
18  Supplement, is amended to read:
19         790.22  Use of BB guns, air or gas-operated guns, or
20  electric weapons or devices by minor under 16; limitation;
21  possession of firearms by minor under 18 prohibited;
22  penalties.--
23         (1)  The use for any purpose whatsoever of BB guns, air
24  or gas-operated guns, or electric weapons or devices, by any
25  minor under the age of 16 years is prohibited unless such use
26  is under the supervision and in the presence of an adult who
27  is acting with the consent of the minor's parent.
28         (2)  Any adult responsible for the welfare of any child
29  under the age of 16 years who knowingly permits such child to
30  use or have in his or her possession any BB gun, air or
31  gas-operated gun, electric weapon or device, or firearm in
                                  2
CODING: Words stricken are deletions; words underlined are additions.
                                          HB 349, Second Engrossed
  1  violation of the provisions of subsection (1) of this section
  2  commits a misdemeanor of the second degree, punishable as
  3  provided in s. 775.082 or s. 775.083.
  4         (3)  A minor under 18 years of age may not possess a
  5  firearm, other than an unloaded firearm at his or her home,
  6  unless:
  7         (a)  The minor is engaged in a lawful hunting activity
  8  and is:
  9         1.  At least 16 years of age; or
10         2.  Under 16 years of age and supervised by an adult.
11         (b)  The minor is engaged in a lawful marksmanship
12  competition or practice or other lawful recreational shooting
13  activity and is:
14         1.  At least 16 years of age; or
15         2.  Under 16 years of age and supervised by an adult
16  who is acting with the consent of the minor's parent or
17  guardian.
18         (c)  The firearm is unloaded and is being transported
19  by the minor directly to or from an event authorized in
20  paragraph (a) or paragraph (b).
21         (4)(a)  Any parent or guardian of a minor, or other
22  adult responsible for the welfare of a minor, who knowingly
23  and willfully permits the minor to possess a firearm in
24  violation of subsection (3) commits a felony of the third
25  degree, punishable as provided in s.  775.082, s. 775.083, or
26  s. 775.084.
27         (b)  Any natural parent or adoptive parent, whether
28  custodial or noncustodial, or any legal guardian or legal
29  custodian of a minor, if that minor possesses a firearm in
30  violation of subsection (3) may, if the court finds it
31  appropriate, be required to participate in classes on
                                  3
CODING: Words stricken are deletions; words underlined are additions.
                                          HB 349, Second Engrossed
  1  parenting education which are approved by the Department of
  2  Juvenile Justice, upon the first conviction of the minor. Upon
  3  any subsequent conviction of the minor, the court may, if the
  4  court finds it appropriate, require the parent to attend
  5  further parent education classes or render community service
  6  hours together with the child.
  7         (c)  No later than July 1, 1994, the district juvenile
  8  justice boards or county juvenile justice councils or the
  9  Department of Juvenile Justice shall establish appropriate
10  community service programs to be available to the alternative
11  sanctions coordinators of the circuit courts in implementing
12  this subsection. The boards or councils or department shall
13  propose the implementation of a community service program in
14  each circuit, and may submit a circuit plan, to be implemented
15  upon approval of the circuit alternative sanctions
16  coordinator.
17         (d)  For the purposes of this section, community
18  service may be provided on public property as well as on
19  private property with the expressed permission of the property
20  owner. Any community service provided on private property is
21  limited to such things as removal of graffiti and restoration
22  of vandalized property.
23         (5)(a)  A minor who violates subsection (3) commits a
24  misdemeanor of the first degree; for a first offense, may
25  serve a period of detention of up to 3 days in a secure
26  detention facility;, and, in addition to any other penalty
27  provided by law, shall be required to perform 100 hours of
28  community service;, and:
29         1.  If the minor is eligible by reason of age for a
30  driver license or driving privilege, the court shall direct
31  the Department of Highway Safety and Motor Vehicles to revoke
                                  4
CODING: Words stricken are deletions; words underlined are additions.
                                          HB 349, Second Engrossed
  1  or to withhold issuance of the minor's driver license or
  2  driving privilege for up to 1 year.
  3         2.  If the minor's driver license or driving privilege
  4  is under suspension or revocation for any reason, the court
  5  shall direct the Department of Highway Safety and Motor
  6  Vehicles to extend the period of suspension or revocation by
  7  an additional period of up to 1 year.
  8         3.  If the minor is ineligible by reason of age for a
  9  driver license or driving privilege, the court shall direct
10  the Department of Highway Safety and Motor Vehicles to
11  withhold issuance of the minor's driver license or driving
12  privilege for up to 1 year after the date on which the minor
13  would otherwise have become eligible.
14         (b)  For a second or subsequent offense, the a minor
15  who violates subsection (3) commits a felony of the third
16  degree and shall serve a period of detention of up to 15 days
17  in a secure detention facility and shall be required to
18  perform not less than 100 nor more than 250 hours of community
19  service, and:
20         1.  If the minor is eligible by reason of age for a
21  driver license or driving privilege, the court shall direct
22  the Department of Highway Safety and Motor Vehicles to revoke
23  or to withhold issuance of the minor's driver license or
24  driving privilege for up to 2 years.
25         2.  If the minor's driver license or driving privilege
26  is under suspension or revocation for any reason, the court
27  shall direct the Department of Highway Safety and Motor
28  Vehicles to extend the period of suspension or revocation by
29  an additional period of up to 2 years.
30         3.  If the minor is ineligible by reason of age for a
31  driver license or driving privilege, the court shall direct
                                  5
CODING: Words stricken are deletions; words underlined are additions.
                                          HB 349, Second Engrossed
  1  the Department of Highway Safety and Motor Vehicles to
  2  withhold issuance of the minor's driver license or driving
  3  privilege for up to 2 years after the date on which the minor
  4  would otherwise have become eligible.
  5
  6  For the purposes of this subsection, community service shall
  7  be performed, if possible, in a manner involving a hospital
  8  emergency room or other medical environment that deals on a
  9  regular basis with trauma patients and gunshot wounds.
10         (6)  Any firearm that is possessed or used by a minor
11  in violation of this section shall be promptly seized by a law
12  enforcement officer and disposed of in accordance with s.
13  790.08(1)-(6).
14         (7)  The provisions of this section are supplemental to
15  all other provisions of law relating to the possession, use,
16  or exhibition of a firearm.
17         (8)  Notwithstanding s. 985.213 or s. 985.215(1), if a
18  minor under 18 years of age is charged with an offense that
19  involves the use or possession of a firearm, as defined in s.
20  790.001, including other than a violation of subsection (3),
21  or is charged for any offense during the commission of which
22  the minor possessed a firearm, the minor shall be detained in
23  secure detention, unless the state attorney authorizes the
24  release of the minor, and shall be given a hearing within 24
25  hours after being taken into custody. At the hearing, the
26  court may order that the minor continue to be held in secure
27  detention in accordance with the applicable time periods
28  specified in s. 985.215(5), if the court finds that the minor
29  meets the criteria specified in s. 985.215(2), or if the court
30  finds by clear and convincing evidence that the minor is a
31  clear and present danger to himself or herself or the
                                  6
CODING: Words stricken are deletions; words underlined are additions.
                                          HB 349, Second Engrossed
  1  community. The Department of Juvenile Justice shall prepare a
  2  form for all minors charged under this subsection that states
  3  the period of detention and the relevant demographic
  4  information, including, but not limited to, the sex, age, and
  5  race of the minor; whether or not the minor was represented by
  6  private counsel or a public defender; the current offense; and
  7  the minor's complete prior record, including any pending
  8  cases. The form shall be provided to the judge to be
  9  considered when determining whether the minor should be
10  continued in secure detention under this subsection. An order
11  placing a minor in secure detention because the minor is a
12  clear and present danger to himself or herself or the
13  community must be in writing, must specify the need for
14  detention and the benefits derived by the minor or the
15  community by placing the minor in secure detention, and must
16  include a copy of the form provided by the department. The
17  Department of Juvenile Justice must send the form, including a
18  copy of any order, without client-identifying information, to
19  the Office of Economic and Demographic Research.
20         (9)  Notwithstanding s. 985.214, if the minor is found
21  to have committed an offense that involves the use or
22  possession of a firearm, as defined in s. 790.001, other than
23  a violation of subsection (3), or an offense during the
24  commission of which the minor possessed a firearm, and the
25  minor is not committed to a residential commitment program of
26  the Department of Juvenile Justice, in addition to any other
27  punishment provided by law, the court shall order:
28         (a)  For a first offense, that the minor shall serve a
29  minimum mandatory period of detention of 15 5 days in a secure
30  detention facility; and
31         1.  Perform 100 hours of community service; and.
                                  7
CODING: Words stricken are deletions; words underlined are additions.
                                          HB 349, Second Engrossed
  1         2.  Be committed to the department for placement on
  2  community control or in a nonresidential or residential
  3  commitment program.
  4         (b)  For a second or subsequent offense, that the minor
  5  shall serve a mandatory period of detention of at least 21 10
  6  days in a secure detention facility; and
  7         1.  Perform not less than 100 nor more than 250 hours
  8  of community service; and.
  9         2.  Be committed to the department for placement on
10  community control or in a nonresidential or residential
11  commitment program.
12
13  The minor shall not receive credit for time served before
14  adjudication. For the purposes of this subsection, community
15  service shall be performed, if possible, in a manner involving
16  a hospital emergency room or other medical environment that
17  deals on a regular basis with trauma patients and gunshot
18  wounds.
19         (10)  If a minor is found to have committed an offense
20  under subsection (9), the court shall impose the following
21  penalties in addition to any penalty imposed under paragraph
22  (9)(a) or paragraph (9)(b):
23         (a)  For a first offense:
24         1.  If the minor is eligible by reason of age for a
25  driver license or driving privilege, the court shall direct
26  the Department of Highway Safety and Motor Vehicles to revoke
27  or to withhold issuance of the minor's driver license or
28  driving privilege for up to 1 year.
29         2.  If the minor's driver license or driving privilege
30  is under suspension or revocation for any reason, the court
31  shall direct the Department of Highway Safety and Motor
                                  8
CODING: Words stricken are deletions; words underlined are additions.
                                          HB 349, Second Engrossed
  1  Vehicles to extend the period of suspension or revocation by
  2  an additional period for up to 1 year.
  3         3.  If the minor is ineligible by reason of age for a
  4  driver license or driving privilege, the court shall direct
  5  the Department of Highway Safety and Motor Vehicles to
  6  withhold issuance of the minor's driver license or driving
  7  privilege for up to 1 year after the date on which the minor
  8  would otherwise have become eligible.
  9         (b)  For a second or subsequent offense:
10         1.  If the minor is eligible by reason of age for a
11  driver license or driving privilege, the court shall direct
12  the Department of Highway Safety and Motor Vehicles to revoke
13  or to withhold issuance of the minor's driver license or
14  driving privilege for up to 2 years.
15         2.  If the minor's driver license or driving privilege
16  is under suspension or revocation for any reason, the court
17  shall direct the Department of Highway Safety and Motor
18  Vehicles to extend the period of suspension or revocation by
19  an additional period for up to 2 years.
20         3.  If the minor is ineligible by reason of age for a
21  driver license or driving privilege, the court shall direct
22  the Department of Highway Safety and Motor Vehicles to
23  withhold issuance of the minor's driver license or driving
24  privilege for up to 2 years after the date on which the minor
25  would otherwise have become eligible.
26         Section 2.  Section 943.051, Florida Statutes, is
27  amended to read:
28         943.051  Criminal justice information; collection and
29  storage; fingerprinting.--
30         (3)
31
                                  9
CODING: Words stricken are deletions; words underlined are additions.
                                          HB 349, Second Engrossed
  1         (b)  A minor who is charged with or found to have
  2  committed the following offenses misdemeanors shall be
  3  fingerprinted and the fingerprints shall be submitted to the
  4  department:
  5         1.  Assault, as defined in s. 784.011.
  6         2.  Battery, as defined in s. 784.03.
  7         3.  Carrying a concealed weapon, as defined in s.
  8  790.01(1).
  9         4.  Unlawful use of destructive devices or bombs, as
10  defined in s. 790.1615(1).
11         5.  Negligent treatment of children, as defined in s.
12  827.05.
13         6.  Assault or battery on a law enforcement officer, a
14  firefighter, or other specified officers, as defined in s.
15  784.07(2)(a) and (b).
16         7.  Open carrying of a weapon, as defined in s.
17  790.053.
18         8.  Exposure of sexual organs, as defined in s. 800.03.
19         9.  Unlawful possession of a firearm, as defined in s.
20  790.22(5).
21         10.  Petit theft, as defined in s. 812.014(3).
22         11.  Cruelty to animals, as defined in s. 828.12(1).
23         12.  Arson, as defined in s. 806.031(1).
24         13.  Unlawful possession or discharge or a weapon or
25  firearm at a school-sponsored event or on school property as
26  defined in s. 790.115.
27         Section 3.  Paragraph (b) of subsection (1) of Section
28  985.212, Florida Statutes, is amended to read:
29          985.212  Fingerprinting and photographing.--
30         (1)
31
                                  10
CODING: Words stricken are deletions; words underlined are additions.
                                          HB 349, Second Engrossed
  1         (b)  A child who is charged with or found to have
  2  committed one of the following misdemeanors shall be
  3  fingerprinted and the fingerprints shall be submitted to the
  4  Department of Law Enforcement as provided in s. 943.051(3)(b):
  5         1.  Assault, as defined in s. 784.011.
  6         2.  Battery, as defined in s. 784.03.
  7         3.  Carrying a concealed weapon, as defined in s.
  8  790.01(1).
  9         4.  Unlawful use of destructive devices or bombs, as
10  defined in s. 790.1615(1).
11         5.  Negligent treatment of children, as defined in
12  former s. 827.05.
13         6.  Assault on a law enforcement officer, a
14  firefighter, or other specified officers, as defined in s.
15  784.07(2)(a).
16         7.  Open carrying of a weapon, as defined in s.
17  790.053.
18         8.  Exposure of sexual organs, as defined in s. 800.03.
19         9.  Unlawful possession of a firearm, as defined in s.
20  790.22(5).
21         10.  Petit theft, as defined in s. 812.014.
22         11.  Cruelty to animals, as defined in s. 828.12(1).
23         12.  Arson, resulting in bodily harm to a firefighter,
24  as defined in s. 806.031(1).
25         13.  Unlawful possession or discharge of a weapon or
26  firearm at a school-sponsored event or on school property as
27  defined in s. 790.115.
28
29  A law enforcement agency may fingerprint and photograph a
30  child taken into custody upon probable cause that such child
31  has committed any other violation of law, as the agency deems
                                  11
CODING: Words stricken are deletions; words underlined are additions.
                                          HB 349, Second Engrossed
  1  appropriate. Such fingerprint records and photographs shall be
  2  retained by the law enforcement agency in a separate file, and
  3  these records and all copies thereof must be marked "Juvenile
  4  Confidential." These records shall not be available for public
  5  disclosure and inspection under s. 119.07(1) except as
  6  provided in ss. 943.053 and 985.04(5), but shall be available
  7  to other law enforcement agencies, criminal justice agencies,
  8  state attorneys, the courts, the child, the parents or legal
  9  custodians of the child, their attorneys, and any other person
10  authorized by the court to have access to such records. These
11  records may, in the discretion of the court, be open to
12  inspection by anyone upon a showing of cause. The fingerprint
13  and photograph records shall be produced in the court whenever
14  directed by the court. Any photograph taken pursuant to this
15  section may be shown by a law enforcement officer to any
16  victim or witness of a crime for the purpose of identifying
17  the person who committed such crime.
18         Section 4.  Section 790.115, Florida Statutes, is
19  amended to read:
20         790.115  Possessing or discharging weapons or firearms
21  at a school-sponsored event or on school property prohibited;
22  penalties; exceptions.--
23         (1)  A person who exhibits any sword, sword cane,
24  firearm, electric weapon or device, destructive device, or
25  other weapon, including a razor blade, box cutter, or knife,
26  except as authorized in support of school-sanctioned
27  activities, in the presence of one or more persons in a rude,
28  careless, angry, or threatening manner and not in lawful
29  self-defense, at a school-sponsored event or on the grounds or
30  facilities of any school, school bus, or school bus stop, or
31  within 1,000 feet of the real property that comprises a public
                                  12
CODING: Words stricken are deletions; words underlined are additions.
                                          HB 349, Second Engrossed
  1  or private elementary school, middle school, or secondary
  2  school, during school hours or during the time of a sanctioned
  3  school activity, commits a felony of the third degree,
  4  punishable as provided in s. 775.082, s. 775.083, or s.
  5  775.084. This subsection does not apply to the exhibition of a
  6  firearm or weapon on private real property within 1,000 feet
  7  of a school by the owner of such property or by a person whose
  8  presence on such property has been authorized, licensed, or
  9  invited by the owner.
10         (2)(a)  A person shall not possess any firearm,
11  electric weapon or device, destructive device, or other
12  weapon, including a razor blade, box cutter, or knife, except
13  as authorized in support of school-sanctioned activities, at a
14  school-sponsored event or on the property of any school,
15  school bus, or school bus stop; however, a person may carry a
16  firearm:
17         1.  In a case to a firearms program, class or function
18  which has been approved in advance by the principal or chief
19  administrative officer of the school as a program or class to
20  which firearms could be carried;
21         2.  In a case to a vocational school having a firearms
22  training range; or
23         3.  In a vehicle pursuant to s. 790.25(5); except that
24  school districts may adopt written and published policies that
25  waive the exception in this subparagraph for purposes of
26  student and campus parking privileges.
27
28  For the purposes of this section, "school" means any
29  preschool, elementary school, middle school, junior high
30  school, secondary school, vocational school, or postsecondary
31  school, whether public or nonpublic.
                                  13
CODING: Words stricken are deletions; words underlined are additions.
                                          HB 349, Second Engrossed
  1         (b)  A person who willfully and knowingly possesses any
  2  electric weapon or device, destructive device, or other
  3  weapon, including a razor blade, box cutter, or knife, except
  4  as authorized in support of school-sanctioned activities, in
  5  violation of this subsection commits a felony of the third
  6  degree, punishable as provided in s. 775.082, s. 775.083, or
  7  s. 775.084.
  8         (c)1.  A person who willfully and knowingly possesses
  9  any firearm in violation of this subsection commits a felony
10  of the third degree, punishable as provided in s. 775.082, s.
11  775.083, or s. 775.084.
12         2.  A person who stores or leaves a loaded firearm
13  within the reach or easy access of a minor who obtains the
14  firearm and commits a violation of subparagraph 1. commits a
15  misdemeanor of the second degree, punishable as provided in s.
16  775.082 or s. 775.083; except that this does not apply if the
17  firearm was stored or left in a securely locked box or
18  container or in a location which a reasonable person would
19  have believed to be secure, or was securely locked with a
20  firearm-mounted push-button combination lock or a trigger
21  lock; if the minor obtains the firearm as a result of an
22  unlawful entry by any person; or to members of the Armed
23  Forces, National Guard, or State Militia, or to police or
24  other law enforcement officers, with respect to firearm
25  possession by a minor which occurs during or incidental to the
26  performance of their official duties.
27         (d)  A person who discharges any weapon or firearm
28  while in violation of paragraph (a), unless discharged for
29  lawful defense of himself or herself or another or for a
30  lawful purpose, commits a felony of the second degree,
31
                                  14
CODING: Words stricken are deletions; words underlined are additions.
                                          HB 349, Second Engrossed
  1  punishable as provided in s. 775.082, s. 775.083, or s.
  2  775.084.
  3         (e)  The penalties of this subsection shall not apply
  4  to persons licensed under s. 790.06.  Persons licensed under
  5  s. 790.06 shall be punished as provided in s. 790.06(12),
  6  except that a licenseholder who unlawfully discharges a weapon
  7  or firearm on school property as prohibited by this subsection
  8  commits a felony of the second degree, punishable as provided
  9  in s. 775.082, s. 775.083, or s. 775.084.
10         (3)  This section does not apply to any law enforcement
11  officer as defined in s. 943.10(1), (2), (3), (4), (6), (7),
12  (8), (9), or (14).
13         (4)  Notwithstanding s. 985.213, s. 985.214, or s.
14  985.215(1), any minor under 18 years of age who is charged
15  under this section with possessing or discharging a firearm on
16  school property shall be detained in secure detention, unless
17  the state attorney authorizes the release of the minor, and
18  shall be given a probable cause hearing within 24 hours after
19  being taken into custody.  At the hearing, the court may order
20  that the minor continue to be held in secure detention for a
21  period of 21 days, during which time the minor shall receive
22  medical, psychiatric, psychological, or substance abuse
23  examinations pursuant to s. 985.224 and a written report shall
24  be completed.
25         Section 5.  Paragraph (b) of subsection (1) and
26  subsection (2) of section 985.215, Florida Statutes, 1998
27  Supplement, are amended to read:
28         985.215  Detention.--
29         (1)  The juvenile probation officer shall receive
30  custody of a child who has been taken into custody from the
31  law enforcement agency and shall review the facts in the law
                                  15
CODING: Words stricken are deletions; words underlined are additions.
                                          HB 349, Second Engrossed
  1  enforcement report or probable cause affidavit and make such
  2  further inquiry as may be necessary to determine whether
  3  detention care is required.
  4         (b)  The juvenile probation officer shall base the
  5  decision whether or not to place the child into secure
  6  detention care, home detention care, or nonsecure detention
  7  care on an assessment of risk in accordance with the risk
  8  assessment instrument and procedures developed by the
  9  Department of Juvenile Justice under s. 985.213. However, a
10  child charged with possessing or discharging a firearm on
11  school property in violation of s. 790.115 shall be placed in
12  secure detention care.
13
14  Under no circumstances shall the juvenile probation officer or
15  the state attorney or law enforcement officer authorize the
16  detention of any child in a jail or other facility intended or
17  used for the detention of adults, without an order of the
18  court.
19         (2)  Subject to the provisions of subsection (1), a
20  child taken into custody and placed into nonsecure or home
21  detention care or detained in secure detention care prior to a
22  detention hearing may continue to be detained by the court if:
23         (a)  The child is alleged to be an escapee or an
24  absconder from a commitment program, a community control
25  program, furlough, or aftercare supervision, or is alleged to
26  have escaped while being lawfully transported to or from such
27  program or supervision.
28         (b)  The child is wanted in another jurisdiction for an
29  offense which, if committed by an adult, would be a felony.
30         (c)  The child is charged with a delinquent act or
31  violation of law and requests in writing through legal counsel
                                  16
CODING: Words stricken are deletions; words underlined are additions.
                                          HB 349, Second Engrossed
  1  to be detained for protection from an imminent physical threat
  2  to his or her personal safety.
  3         (d)  The child is charged with committing an offense of
  4  domestic violence as defined in s. 741.28(1) and is detained
  5  as provided in s. 985.213(2)(b)3.
  6         (e)  The child is charged with possession or
  7  discharging a firearm on school property in violation of
  8  790.115.
  9         (f)(e)  The child is charged with a capital felony, a
10  life felony, a felony of the first degree, a felony of the
11  second degree that does not involve a violation of chapter
12  893, or a felony of the third degree that is also a crime of
13  violence, including any such offense involving the use or
14  possession of a firearm.
15         (g)(f)  The child is charged with any second degree or
16  third degree felony involving a violation of chapter 893 or
17  any third degree felony that is not also a crime of violence,
18  and the child:
19         1.  Has a record of failure to appear at court hearings
20  after being properly notified in accordance with the Rules of
21  Juvenile Procedure;
22         2.  Has a record of law violations prior to court
23  hearings;
24         3.  Has already been detained or has been released and
25  is awaiting final disposition of the case;
26         4.  Has a record of violent conduct resulting in
27  physical injury to others; or
28         5.  Is found to have been in possession of a firearm.
29         (h)(g)  The child is alleged to have violated the
30  conditions of the child's community control or aftercare
31  supervision. However, a child detained under this paragraph
                                  17
CODING: Words stricken are deletions; words underlined are additions.
                                          HB 349, Second Engrossed
  1  may be held only in a consequence unit as provided in s.
  2  985.231(1)(a)1.c. If a consequence unit is not available, the
  3  child shall be placed on home detention with electronic
  4  monitoring.
  5
  6  A child who meets any of these criteria and who is ordered to
  7  be detained pursuant to this subsection shall be given a
  8  hearing within 24 hours after being taken into custody. The
  9  purpose of the detention hearing is to determine the existence
10  of probable cause that the child has committed the delinquent
11  act or violation of law with which he or she is charged and
12  the need for continued detention. Unless a child is detained
13  under paragraph (d) or paragraph (e), the court shall utilize
14  the results of the risk assessment performed by the juvenile
15  probation officer and, based on the criteria in this
16  subsection, shall determine the need for continued detention.
17  A child placed into secure, nonsecure, or home detention care
18  may continue to be so detained by the court pursuant to this
19  subsection. If the court orders a placement more restrictive
20  than indicated by the results of the risk assessment
21  instrument, the court shall state, in writing, clear and
22  convincing reasons for such placement. Except as provided in
23  s. 790.22(8) or in subparagraph (10)(a)2., paragraph (10)(b),
24  paragraph (10)(c), or paragraph (10)(d), when a child is
25  placed into secure or nonsecure detention care, or into a
26  respite home or other placement pursuant to a court order
27  following a hearing, the court order must include specific
28  instructions that direct the release of the child from such
29  placement no later than 5 p.m. on the last day of the
30  detention period specified in paragraph (5)(b) or paragraph
31  (5)(c), or subparagraph (10)(a)1., whichever is applicable,
                                  18
CODING: Words stricken are deletions; words underlined are additions.
                                          HB 349, Second Engrossed
  1  unless the requirements of such applicable provision have been
  2  met or an order of continuance has been granted pursuant to
  3  paragraph (5)(d).
  4         Section 6.  Paragraph (a) of subsection (1) of section
  5  985.227, Florida Statutes, is amended to read:
  6         985.227  Prosecution of juveniles as adults by the
  7  direct filing of an information in the criminal division of
  8  the circuit court; discretionary criteria; mandatory
  9  criteria.--
10         (1)  DISCRETIONARY DIRECT FILE; CRITERIA.--
11         (a)  With respect to any child who was 14 or 15 years
12  of age at the time the alleged offense was committed, the
13  state attorney may file an information when in the state
14  attorney's judgment and discretion the public interest
15  requires that adult sanctions be considered or imposed and
16  when the offense charged is:
17         1.  Arson;
18         2.  Sexual battery;
19         3.  Robbery;
20         4.  Kidnapping;
21         5.  Aggravated child abuse;
22         6.  Aggravated assault;
23         7.  Aggravated stalking;
24         8.  Murder;
25         9.  Manslaughter;
26         10.  Unlawful throwing, placing, or discharging of a
27  destructive device or bomb;
28         11.  Armed burglary in violation of s. 810.02(2)(b) or
29  specified burglary of a dwelling or structure in violation of
30  s. 810.02(2)(c);
31         12.  Aggravated battery;
                                  19
CODING: Words stricken are deletions; words underlined are additions.
                                          HB 349, Second Engrossed
  1         13.  Lewd or lascivious assault or act in the presence
  2  of a child;
  3         14.  Carrying, displaying, using, threatening, or
  4  attempting to use a weapon or firearm during the commission of
  5  a felony; or
  6         15.  Grand theft in violation of s. 812.014(2)(a); or.
  7         16.  Possessing or discharging any weapon or firearm on
  8  school property in violation of s. 790.115.
  9         Section 7.  This act shall take effect October 1, 1999.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
                                  20