| 1 | Representative(s) Poppell offered the following: |
| 2 |
|
| 3 | Amendment (with title amendment) |
| 4 | Between line(s) 192 and 193 insert: |
| 5 | Section 2. Subsection (2) of section 790.115, Florida |
| 6 | Statutes, is amended to read: |
| 7 | 790.115 Possessing or discharging weapons or firearms at a |
| 8 | school-sponsored event or on school property prohibited; |
| 9 | penalties; exceptions.-- |
| 10 | (2)(a) A person shall not possess any firearm, electric |
| 11 | weapon or device, destructive device, or other weapon as defined |
| 12 | in s. 790.001(13), including a razor blade, or box cutter, or |
| 13 | common pocketknife, except as authorized in support of school- |
| 14 | sanctioned activities, at a school-sponsored event or on the |
| 15 | property of any school, school bus, or school bus stop; however, |
| 16 | a person may carry a 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 career center having a firearms training |
| 22 | 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 student |
| 26 | and campus parking privileges. |
| 27 |
|
| 28 | For the purposes of this section, "school" means any preschool, |
| 29 | elementary school, middle school, junior high school, secondary |
| 30 | school, career center, or postsecondary school, whether public |
| 31 | or nonpublic. |
| 32 | (b)1. Except as provided in subparagraph 2. and paragraph |
| 33 | (c), a person who willfully and knowingly possesses any electric |
| 34 | weapon or device, destructive device, or other weapon in |
| 35 | violation of paragraph (a) as defined in s. 790.001(13), |
| 36 | including a razor blade or box cutter, except as authorized in |
| 37 | support of school-sanctioned activities, in violation of this |
| 38 | subsection commits a felony of the third degree, punishable as |
| 39 | provided in s. 775.082, s. 775.083, or s. 775.084. |
| 40 | 2. A person who willfully and knowingly possesses a common |
| 41 | pocketknife in violation of paragraph (a) commits a misdemeanor |
| 42 | of the second degree, punishable as provided in s. 775.082 or s. |
| 43 | 775.083. For purposes of this section "common pocketknife" means |
| 44 | a folding knife having one or more blades or tools, none of |
| 45 | which lock into place, and the sharpened edges of which are |
| 46 | plain and nonserrated. Sharpened blades shall be sharp on one |
| 47 | edge only and the length of the longest sharpened blade shall be |
| 48 | no longer than 3 inches, measured in linear fashion from the |
| 49 | base of the sharpened edge to the point. No switchblade, gravity |
| 50 | knife, automatic knife, or butterfly knife is considered a |
| 51 | common pocketknife. |
| 52 | (c)1. A person who willfully and knowingly possesses any |
| 53 | firearm in violation of this subsection commits a felony of the |
| 54 | third degree, punishable as provided in s. 775.082, s. 775.083, |
| 55 | or s. 775.084. |
| 56 | 2. A person who stores or leaves a loaded firearm within |
| 57 | the reach or easy access of a minor who obtains the firearm and |
| 58 | commits a violation of subparagraph 1. commits a misdemeanor of |
| 59 | the second degree, punishable as provided in s. 775.082 or s. |
| 60 | 775.083; except that this does not apply if the firearm was |
| 61 | stored or left in a securely locked box or container or in a |
| 62 | location which a reasonable person would have believed to be |
| 63 | secure, or was securely locked with a firearm-mounted push- |
| 64 | button combination lock or a trigger lock; if the minor obtains |
| 65 | the firearm as a result of an unlawful entry by any person; or |
| 66 | to members of the Armed Forces, National Guard, or State |
| 67 | Militia, or to police or other law enforcement officers, with |
| 68 | respect to firearm possession by a minor which occurs during or |
| 69 | incidental to the performance of their official duties. |
| 70 | (d) A person who discharges any weapon or firearm while in |
| 71 | violation of paragraph (a), unless discharged for lawful defense |
| 72 | of himself or herself or another or for a lawful purpose, |
| 73 | commits a felony of the second degree, punishable as provided in |
| 74 | s. 775.082, s. 775.083, or s. 775.084. |
| 75 | (e) The penalties of this subsection shall not apply to |
| 76 | persons licensed under s. 790.06. Persons licensed under s. |
| 77 | 790.06 shall be punished as provided in s. 790.06(12), except |
| 78 | that a licenseholder who unlawfully discharges a weapon or |
| 79 | firearm on school property as prohibited by this subsection |
| 80 | commits a felony of the second degree, punishable as provided in |
| 81 | s. 775.082, s. 775.083, or s. 775.084. |
| 82 | Section 3. Paragraph (r) of subsection (2) of section |
| 83 | 435.04, Florida Statutes, is amended to read: |
| 84 | 435.04 Level 2 screening standards.-- |
| 85 | (2) The security background investigations under this |
| 86 | section must ensure that no persons subject to the provisions of |
| 87 | this section have been found guilty of, regardless of |
| 88 | adjudication, or entered a plea of nolo contendere or guilty to, |
| 89 | any offense prohibited under any of the following provisions of |
| 90 | the Florida Statutes or under any similar statute of another |
| 91 | jurisdiction: |
| 92 | (r) Section 790.115(2)(b)1., relating to possessing an |
| 93 | electric weapon or device, destructive device, or other weapon |
| 94 | on school property. |
| 95 | Section 4. Paragraph (d) of subsection (3) of section |
| 96 | 921.0022, Florida Statutes, is amended to read: |
| 97 | 921.0022 Criminal Punishment Code; offense severity |
| 98 | ranking chart.-- |
| 99 | (3) OFFENSE SEVERITY RANKING CHART |
| | | FloridaStatute | FelonyDegree | Description |
|
| 100 |
|
| | |
| 101 |
|
| | | 316.1935(3)(a) | 2nd | Driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated. |
|
| 102 |
|
| | | 499.0051(1) | 3rd | Failure to maintain or deliver pedigree papers. |
|
| 103 |
|
| | | 499.0051(2) | 3rd | Failure to authenticate pedigree papers. |
|
| 104 |
|
| | | 499.0051(6) | 2nd | Sale or delivery, or possession with intent to sell, contraband legend drugs. |
|
| 105 |
|
| | | 784.07(2)(b) | 3rd | Battery of law enforcement officer, firefighter, intake officer, etc. |
|
| 106 |
|
| | | 784.074(1)(c) | 3rd | Battery of sexually violent predators facility staff. |
|
| 107 |
|
| | | 784.075 | 3rd | Battery on detention or commitment facility staff. |
|
| 108 |
|
| | | 784.078 | 3rd | Battery of facility employee by throwing, tossing, or expelling certain fluids or materials. |
|
| 109 |
|
| | | 784.08(2)(c) | 3rd | Battery on a person 65 years of age or older. |
|
| 110 |
|
| | | 784.081(3) | 3rd | Battery on specified official or employee. |
|
| 111 |
|
| | | 784.082(3) | 3rd | Battery by detained person on visitor or other detainee. |
|
| 112 |
|
| | | 784.083(3) | 3rd | Battery on code inspector. |
|
| 113 |
|
| | | 784.085 | 3rd | Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials. |
|
| 114 |
|
| | | 787.03(1) | 3rd | Interference with custody; wrongly takes minor from appointed guardian. |
|
| 115 |
|
| | | 787.04(2) | 3rd | Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings. |
|
| 116 |
|
| | | 787.04(3) | 3rd | Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person. |
|
| 117 |
|
| | | 790.115(1) | 3rd | Exhibiting firearm or weapon within 1,000 feet of a school. |
|
| 118 |
|
| | | 790.115(2)(b)1. | 3rd | Possessing electric weapon or device, destructive device, or other weapon on school property. |
|
| 119 |
|
| | | 790.115(2)(c) | 3rd | Possessing firearm on school property. |
|
| 120 |
|
| | | 800.04(7)(d) | 3rd | Lewd or lascivious exhibition; offender less than 18 years. |
|
| 121 |
|
| | | 810.02(4)(a) | 3rd | Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery. |
|
| 122 |
|
| | | 810.02(4)(b) | 3rd | Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery. |
|
| 123 |
|
| | | 810.06 | 3rd | Burglary; possession of tools. |
|
| 124 |
|
| | | 810.08(2)(c) | 3rd | Trespass on property, armed with firearm or dangerous weapon. |
|
| 125 |
|
| | | 812.014(2)(c)3. | 3rd | Grand theft, 3rd degree $10,000 or more but less than $20,000. |
|
| 126 |
|
| | | 812.014(2)(c)4.-10. | 3rd | Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc. |
|
| 127 |
|
| | | 812.0195(2) | 3rd | Dealing in stolen property by use of the Internet; property stolen $300 or more. |
|
| 128 |
|
| | | 817.563(1) | 3rd | Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs. |
|
| 129 |
|
| | | 817.568(2)(a) | 3rd | Fraudulent use of personal identification information. |
|
| 130 |
|
| | | 817.625(2)(a) | 3rd | Fraudulent use of scanning device or reencoder. |
|
| 131 |
|
| | | 828.125(1) | 2nd | Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle. |
|
| 132 |
|
| | | 837.02(1) | 3rd | Perjury in official proceedings. |
|
| 133 |
|
| | | 837.021(1) | 3rd | Make contradictory statements in official proceedings. |
|
| 134 |
|
| | | 838.022 | 3rd | Official misconduct. |
|
| 135 |
|
| | | 839.13(2)(a) | 3rd | Falsifying records of an individual in the care and custody of a state agency. |
|
| 136 |
|
| | | 839.13(2)(c) | 3rd | Falsifying records of the Department of Children and Family Services. |
|
| 137 |
|
| | | 843.021 | 3rd | Possession of a concealed handcuff key by a person in custody. |
|
| 138 |
|
| | | 843.025 | 3rd | Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication. |
|
| 139 |
|
| | | 843.15(1)(a) | 3rd | Failure to appear while on bail for felony (bond estreature or bond jumping). |
|
| 140 |
|
| | | 874.05(1) | 3rd | Encouraging or recruiting another to join a criminal street gang. |
|
| 141 |
|
| | | 893.13(2)(a)1. | 2nd | Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)4. drugs). |
|
| 142 |
|
| | | 914.14(2) | 3rd | Witnesses accepting bribes. |
|
| 143 |
|
| | | 914.22(1) | 3rd | Force, threaten, etc., witness, victim, or informant. |
|
| 144 |
|
| | | 914.23(2) | 3rd | Retaliation against a witness, victim, or informant, no bodily injury. |
|
| 145 |
|
| | | 918.12 | 3rd | Tampering with jurors. |
|
| 146 |
|
| | | 934.215 | 3rd | Use of two-way communications device to facilitate commission of a crime. |
|
| 147 |
|
| 148 | ======= T I T L E A M E N D M E N T ======= |
| 149 | Between line(s) 15 and 16 insert: |
| 150 | amending s. 790.115, F.S.; prohibiting possession of common |
| 151 | pocketknives on school property or other specified locations; |
| 152 | providing a definition; providing exceptions; providing |
| 153 | penalties; amending ss. 435.04 and 921.0022, F.S.; conforming |
| 154 | cross-references; |