House Bill 0349e2

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                                          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


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                                          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


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                                          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


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                                          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


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                                          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


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                                          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


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                                          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.


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                                          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


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                                          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


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                                          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


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                                          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


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                                          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


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                                          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.


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                                          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


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                                          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


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                                          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


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                                          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


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                                          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,


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                                          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;


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                                          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.

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