Senate Bill sb2438
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SB 2438
By Senator Haridopolos
26-1540A-06 See HB 1291
1 A bill to be entitled
2 An act relating to weapons; amending s.
3 790.001, F.S.; revising the definition of
4 "weapon"; amending s. 790.115, F.S.; revising
5 and clarifying provisions related to the
6 prohibited exhibition and possession of
7 specified weapons and firearms at a
8 school-sponsored event or on school property;
9 providing penalties; amending s. 810.095, F.S.;
10 clarifying provisions with respect to
11 prohibited trespass on school property with a
12 firearm or other weapon; providing a penalty;
13 providing an effective date.
14
15 Be It Enacted by the Legislature of the State of Florida:
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17 Section 1. Subsection (13) of section 790.001, Florida
18 Statutes, is amended to read:
19 790.001 Definitions.--As used in this chapter, except
20 where the context otherwise requires:
21 (13) "Weapon" means any dirk, knife, metallic
22 knuckles, slungshot, billie, tear gas gun, chemical weapon or
23 device, or other deadly weapon except a firearm or a common
24 pocketknife, plastic knife, or blunt-bladed knife.
25 Section 2. Subsection (1) and paragraphs (a) and (b)
26 of subsection (2) of section 790.115, Florida Statutes, are
27 amended to read:
28 790.115 Possessing or discharging weapons or firearms
29 at a school-sponsored event or on school property prohibited;
30 penalties; exceptions.--
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SB 2438
26-1540A-06 See HB 1291
1 (1) A person who exhibits any sword, sword cane,
2 firearm, electric weapon or device, destructive device, or
3 other weapon, including a razor blade, box cutter, or knife,
4 including a common pocketknife, dirk, metallic knuckles,
5 slungshot, billie, tear gas gun, chemical weapon or device, or
6 other deadly weapon, except as authorized in support of
7 school-sanctioned activities, in the presence of one or more
8 persons in a rude, careless, angry, or threatening manner and
9 not in lawful self-defense, at a school-sponsored event or on
10 the grounds or facilities of any school, school bus, or school
11 bus stop, or within 1,000 feet of the real property that
12 comprises a public or private elementary school, middle
13 school, or secondary school, during school hours or during the
14 time of a sanctioned school activity, commits a felony of the
15 third degree, punishable as provided in s. 775.082, s.
16 775.083, or s. 775.084. This subsection does not apply to the
17 exhibition of a firearm or weapon on private real property
18 within 1,000 feet of a school by the owner of such property or
19 by a person whose presence on such property has been
20 authorized, licensed, or invited by the owner.
21 (2)(a) A person shall not possess any firearm,
22 electric weapon or device, destructive device, or other weapon
23 as defined in s. 790.001(13), including a razor blade or, box
24 cutter, or knife, except as authorized in support of
25 school-sanctioned activities, at a school-sponsored event or
26 on the property of any school, school bus, or school bus stop;
27 however, a person may carry a firearm:
28 1. In a case to a firearms program, class or function
29 which has been approved in advance by the principal or chief
30 administrative officer of the school as a program or class to
31 which firearms could be carried;
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SB 2438
26-1540A-06 See HB 1291
1 2. In a case to a career center having a firearms
2 training range; or
3 3. In a vehicle pursuant to s. 790.25(5); except that
4 school districts may adopt written and published policies that
5 waive the exception in this subparagraph for purposes of
6 student and campus parking privileges.
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8 For the purposes of this section, "school" means any
9 preschool, elementary school, middle school, junior high
10 school, secondary school, career center, or postsecondary
11 school, whether public or nonpublic.
12 (b) A person who willfully and knowingly possesses any
13 electric weapon or device, destructive device, or other weapon
14 as defined in s. 790.001(13), including a razor blade or, box
15 cutter, or knife, except as authorized in support of
16 school-sanctioned activities, in violation of this subsection
17 commits a felony of the third degree, punishable as provided
18 in s. 775.082, s. 775.083, or s. 775.084.
19 Section 3. Subsection (1) of section 810.095, Florida
20 Statutes, is amended to read:
21 810.095 Trespass on school property with firearm or
22 other weapon prohibited.--
23 (1) It is a felony of the third degree, punishable as
24 provided in s. 775.082, s. 775.083, or s. 775.084, for a
25 person who is trespassing upon school property to bring onto,
26 or to possess on, such school property, any weapon as defined
27 in s. 790.001(13) or any firearm.
28 Section 4. This act shall take effect July 1, 2006.
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