Senate Bill sb2464

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    Florida Senate - 2004                                  SB 2464

    By Senator Crist





    12-1809-04

  1                      A bill to be entitled

  2         An act relating to possession of ammunition;

  3         amending s. 790.23, F.S.; providing that

  4         possession of ammunition by a convicted felon

  5         or juvenile delinquent is a second-degree

  6         felony; amending s. 790.235, F.S.; providing

  7         that possession of ammunition by a violent

  8         career criminal is a first-degree felony;

  9         providing for a mandatory minimum sentence;

10         providing an exemption for a person whose civil

11         rights and firearm authority have been

12         restored; amending s. 921.0022, F.S., relating

13         to the offense severity ranking chart of the

14         Criminal Punishment Code; conforming provisions

15         to changes made by the act; providing an

16         effective date.

17  

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

19  

20         Section 1.  Section 790.23, Florida Statutes, is

21  amended to read:

22         790.23  Felons and delinquents; possession of firearms,

23  ammunition, or electric weapons or devices unlawful.--

24         (1)  It is unlawful for any person to own or to have in

25  his or her care, custody, possession, or control any firearm,

26  ammunition, or electric weapon or device, or to carry a

27  concealed weapon, including a tear gas gun or chemical weapon

28  or device, if that person has been:

29         (a)  Convicted of a felony in the courts of this state;

30  

31  

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    Florida Senate - 2004                                  SB 2464
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 1         (b)  Found, in the courts of this state, to have

 2  committed a delinquent act that would be a felony if committed

 3  by an adult and such person is under 24 years of age.

 4         (c)  Convicted of or found to have committed a crime

 5  against the United States which is designated as a felony;

 6         (d)  Found to have committed a delinquent act in

 7  another state, territory, or country that would be a felony if

 8  committed by an adult and which was punishable by imprisonment

 9  for a term exceeding 1 year and such person is under 24 years

10  of age; or

11         (e)  Found guilty of an offense that is a felony in

12  another state, territory, or country and which was punishable

13  by imprisonment for a term exceeding 1 year.

14         (2)  This section shall not apply to a person convicted

15  of a felony whose civil rights and firearm authority have been

16  restored.

17         (3)  Any person who violates this section commits a

18  felony of the second degree, punishable as provided in s.

19  775.082, s. 775.083, or s. 775.084.

20         Section 2.  Section 790.235, Florida Statutes, is

21  amended to read:

22         790.235  Possession of firearm or ammunition by violent

23  career criminal unlawful; penalty.--

24         (1)  Any person who meets the violent career criminal

25  criteria under s. 775.084(1)(d), regardless of whether such

26  person is or has previously been sentenced as a violent career

27  criminal, who owns or has in his or her care, custody,

28  possession, or control any firearm, ammunition, or electric

29  weapon or device, or carries a concealed weapon, including a

30  tear gas gun or chemical weapon or device, commits a felony of

31  the first degree, punishable as provided in s. 775.082, s.

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    Florida Senate - 2004                                  SB 2464
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 1  775.083, or s. 775.084.  A person convicted of a violation of

 2  this section shall be sentenced to a mandatory minimum of 15

 3  years' imprisonment; however, if the person would be sentenced

 4  to a longer term of imprisonment under s. 775.084(4)(d), the

 5  person must be sentenced under that provision.  A person

 6  convicted of a violation of this section is not eligible for

 7  any form of discretionary early release, other than pardon,

 8  executive clemency, or conditional medical release under s.

 9  947.149.

10         (2)  For purposes of this section, the previous felony

11  convictions necessary to meet the violent career criminal

12  criteria under s. 775.084(1)(d) may be convictions for

13  felonies committed as an adult or adjudications of delinquency

14  for felonies committed as a juvenile.  In order to be counted

15  as a prior felony for purposes of this section, the felony

16  must have resulted in a conviction sentenced separately, or an

17  adjudication of delinquency entered separately, prior to the

18  current offense, and sentenced or adjudicated separately from

19  any other felony that is to be counted as a prior felony.

20         (3)  This section shall not apply to a person whose

21  civil rights and firearm authority have been restored.

22         Section 3.  Paragraph (e) of subsection (3) of section

23  921.0022, Florida Statutes, is amended to read:

24         921.0022  Criminal Punishment Code; offense severity

25  ranking chart.--

26         (3)  OFFENSE SEVERITY RANKING CHART

27  

28  Florida           Felony

29  Statute           Degree             Description

30  

31                     

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    Florida Senate - 2004                                  SB 2464
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 1                              (e)  LEVEL 5

 2  316.027(1)(a)      3rd      Accidents involving personal

 3                              injuries, failure to stop;

 4                              leaving scene.

 5  316.1935(4)        2nd      Aggravated fleeing or eluding.

 6  322.34(6)          3rd      Careless operation of motor

 7                              vehicle with suspended license,

 8                              resulting in death or serious

 9                              bodily injury.

10  327.30(5)          3rd      Vessel accidents involving

11                              personal injury; leaving scene.

12  381.0041

13   (11)(b)           3rd      Donate blood, plasma, or organs

14                              knowing HIV positive.

15  440.10(1)(g)       2nd      Failure to obtain workers'

16                              compensation coverage.

17  440.105(5)         2nd      Unlawful solicitation for the

18                              purpose of making workers'

19                              compensation claims.

20  440.381(2)         2nd      Submission of false, misleading,

21                              or incomplete information with

22                              the purpose of avoiding or

23                              reducing workers' compensation

24                              premiums.

25  624.401(4)(b)2.    2nd      Transacting insurance without a

26                              certificate or authority; premium

27                              collected $20,000 or more but

28                              less than $100,000.

29  626.902(1)(c)      2nd      Representing an unauthorized

30                              insurer; repeat offender.

31  790.01(2)          3rd      Carrying a concealed firearm.

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    Florida Senate - 2004                                  SB 2464
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 1  790.162            2nd      Threat to throw or discharge

 2                              destructive device.

 3  790.163(1)         2nd      False report of deadly explosive

 4                              or weapon of mass destruction.

 5  790.221(1)         2nd      Possession of short-barreled

 6                              shotgun or machine gun.

 7  790.23             2nd      Felons in possession of firearms,

 8                              ammunition, or electronic weapons

 9                              or devices.

10  800.04(6)(c)       3rd      Lewd or lascivious conduct;

11                              offender less than 18 years.

12  800.04(7)(c)       2nd      Lewd or lascivious exhibition;

13                              offender 18 years or older.

14  806.111(1)         3rd      Possess, manufacture, or dispense

15                              fire bomb with intent to damage

16                              any structure or property.

17  812.0145(2)(b)     2nd      Theft from person 65 years of age

18                              or older; $10,000 or more but

19                              less than $50,000.

20  812.015(8)         3rd      Retail theft; property stolen is

21                              valued at $300 or more and one or

22                              more specified acts.

23  812.019(1)         2nd      Stolen property; dealing in or

24                              trafficking in.

25  812.131(2)(b)      3rd      Robbery by sudden snatching.

26  812.16(2)          3rd      Owning, operating, or conducting

27                              a chop shop.

28  817.034(4)(a)2.    2nd      Communications fraud, value

29                              $20,000 to $50,000.

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    Florida Senate - 2004                                  SB 2464
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 1  817.234(11)(b)     2nd      Insurance fraud; property value

 2                              $20,000 or more but less than

 3                              $100,000.

 4  817.2341(1),

 5   (2)(a)&(3)(a)     3rd      Filing false financial

 6                              statements, making false entries

 7                              of material fact or false

 8                              statements regarding property

 9                              values relating to the solvency

10                              of an insuring entity.

11  817.568(2)(b)      2nd      Fraudulent use of personal

12                              identification information; value

13                              of benefit, services received,

14                              payment avoided, or amount of

15                              injury or fraud, $5,000 or more

16                              or use of personal identification

17                              information of 10 or more

18                              individuals.

19  817.625(2)(b)      2nd      Second or subsequent fraudulent

20                              use of scanning device or

21                              reencoder.

22  825.1025(4)        3rd      Lewd or lascivious exhibition in

23                              the presence of an elderly person

24                              or disabled adult.

25  827.071(4)         2nd      Possess with intent to promote

26                              any photographic material, motion

27                              picture, etc., which includes

28                              sexual conduct by a child.

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    Florida Senate - 2004                                  SB 2464
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 1  839.13(2)(b)       2nd      Falsifying records of an

 2                              individual in the care and

 3                              custody of a state agency

 4                              involving great bodily harm or

 5                              death.

 6  843.01             3rd      Resist officer with violence to

 7                              person; resist arrest with

 8                              violence.

 9  874.05(2)          2nd      Encouraging or recruiting another

10                              to join a criminal street gang;

11                              second or subsequent offense.

12  893.13(1)(a)1.     2nd      Sell, manufacture, or deliver

13                              cocaine (or other s.

14                              893.03(1)(a), (1)(b), (1)(d),

15                              (2)(a), (2)(b), or (2)(c)4.

16                              drugs).

17  893.13(1)(c)2.     2nd      Sell, manufacture, or deliver

18                              cannabis (or other s.

19                              893.03(1)(c), (2)(c)1., (2)(c)2.,

20                              (2)(c)3., (2)(c)5., (2)(c)6.,

21                              (2)(c)7., (2)(c)8., (2)(c)9.,

22                              (3), or (4) drugs) within 1,000

23                              feet of a child care facility,

24                              school, or state, county, or

25                              municipal park or publicly owned

26                              recreational facility or

27                              community center.

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    Florida Senate - 2004                                  SB 2464
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 1  893.13(1)(d)1.     1st      Sell, manufacture, or deliver

 2                              cocaine (or other s.

 3                              893.03(1)(a), (1)(b), (1)(d),

 4                              (2)(a), (2)(b), or (2)(c)4.

 5                              drugs) within 1,000 feet of

 6                              university.

 7  893.13(1)(e)2.     2nd      Sell, manufacture, or deliver

 8                              cannabis or other drug prohibited

 9                              under s. 893.03(1)(c), (2)(c)1.,

10                              (2)(c)2., (2)(c)3., (2)(c)5.,

11                              (2)(c)6., (2)(c)7., (2)(c)8.,

12                              (2)(c)9., (3), or (4) within

13                              1,000 feet of property used for

14                              religious services or a specified

15                              business site.

16  893.13(1)(f)1.     1st      Sell, manufacture, or deliver

17                              cocaine (or other s.

18                              893.03(1)(a), (1)(b), (1)(d), or

19                              (2)(a), (2)(b), or (2)(c)4.

20                              drugs) within 1,000 feet of

21                              public housing facility.

22  893.13(4)(b)       2nd      Deliver to minor cannabis (or

23                              other s. 893.03(1)(c), (2)(c)1.,

24                              (2)(c)2., (2)(c)3., (2)(c)5.,

25                              (2)(c)6., (2)(c)7., (2)(c)8.,

26                              (2)(c)9., (3), or (4) drugs).

27         Section 4.  This act shall take effect July 1, 2004.

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    Florida Senate - 2004                                  SB 2464
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 1            *****************************************

 2                          SENATE SUMMARY

 3    Makes possession of ammunition by a convicted felon or
      juvenile delinquent a second-degree felony. Makes
 4    possession of ammunition by a violent career criminal a
      first-degree felony. Imposes a mandatory minimum
 5    sentence. Exempts a person whose civil rights and firearm
      authority have been restored from the prohibition against
 6    possessing ammunition.

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