Florida Senate - 2024                                    SB 1050
       
       
        
       By Senator Avila
       
       
       
       
       
       39-00886A-24                                          20241050__
    1                        A bill to be entitled                      
    2         An act relating to drive-by shootings; providing a
    3         short title; transferring, renumbering, and amending
    4         s. 790.15(2) and (3), F.S., relating to the discharge
    5         of firearms from vehicles; creating the offense of
    6         drive-by shooting as a felony of the second degree;
    7         providing criminal penalties for committing the
    8         offense of drive-by shooting; amending s. 775.30,
    9         F.S.; specifying that committing the offense of drive
   10         by shooting in furtherance of certain objectives is a
   11         crime of terrorism; providing criminal penalties;
   12         amending s. 790.15, F.S.; conforming a provision to
   13         changes made by the act; amending s. 921.0022, F.S.;
   14         conforming a provision to changes made by the act;
   15         ranking an offense on the offense severity ranking
   16         chart of the Criminal Punishment Code; providing an
   17         effective date.
   18          
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. This act may be cited as the “Laderius Clardy
   22  Act.”
   23         Section 2. Subsections (2) and (3) of section 790.15,
   24  Florida Statutes, are transferred and renumbered as section
   25  790.1501, Florida Statutes, and amended, to read:
   26         790.1501Discharging firearm from vehicle.—
   27         (1)(2) Any occupant of any vehicle who knowingly and
   28  willfully discharges any firearm from the vehicle within 1,000
   29  feet of any person commits a felony of the second degree,
   30  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   31         (2)(3) Any driver or owner of any vehicle, whether or not
   32  the owner of the vehicle is occupying the vehicle, who knowingly
   33  directs any other person to discharge any firearm from the
   34  vehicle commits a felony of the third degree, punishable as
   35  provided in s. 775.082, s. 775.083, or s. 775.084.
   36         (3)A person who knowingly, or with reckless disregard for
   37  human life, causes or attempts to cause serious bodily injury to
   38  another by discharging a firearm while in or on a vehicle
   39  commits the offense of drive-by shooting, a felony of the second
   40  degree, punishable as provided in s. 775.082, s. 775.083, or s.
   41  775.084.
   42         Section 3. Subsection (2) of section 775.30, Florida
   43  Statutes, is amended to read:
   44         775.30 Terrorism; defined; penalties.—
   45         (2) A person who violates s. 782.04(1)(a)1. or (2), s.
   46  782.065, s. 782.07(1), s. 782.09, s. 784.045, s. 784.07, s.
   47  787.01, s. 787.02, s. 787.07, s. 790.115, s. 790.15, s.
   48  790.1501, s. 790.16, s. 790.161, s. 790.1615, s. 790.162, s.
   49  790.166, s. 790.19, s. 806.01, s. 806.031, s. 806.111, s.
   50  815.06, s. 815.061, s. 859.01, or s. 876.34, in furtherance of
   51  intimidating or coercing the policy of a government, or in
   52  furtherance of affecting the conduct of a government by mass
   53  destruction, assassination, or kidnapping, commits the crime of
   54  terrorism, a felony of the first degree, punishable as provided
   55  in s. 775.082, s. 775.083, or s. 775.084.
   56         Section 4. Subsection (1) of section 790.15, Florida
   57  Statutes, is amended to read:
   58         790.15 Discharging firearm in public or on residential
   59  property.—
   60         (1) Except as provided in subsection (2) or subsection (3),
   61  Any person who knowingly discharges a firearm in any public
   62  place or on the right-of-way of any paved public road, highway,
   63  or street, who knowingly discharges any firearm over the right
   64  of-way of any paved public road, highway, or street or over any
   65  occupied premises, or who recklessly or negligently discharges a
   66  firearm outdoors on any property used primarily as the site of a
   67  dwelling as defined in s. 776.013 or zoned exclusively for
   68  residential use commits a misdemeanor of the first degree,
   69  punishable as provided in s. 775.082 or s. 775.083. This section
   70  does not apply to a person lawfully defending life or property
   71  or performing official duties requiring the discharge of a
   72  firearm or to a person discharging a firearm on public roads or
   73  properties expressly approved for hunting by the Fish and
   74  Wildlife Conservation Commission or Florida Forest Service.
   75         Section 5. Paragraphs (c) and (e) of subsection (3) of
   76  section 921.0022, Florida Statutes, are amended to read:
   77         921.0022 Criminal Punishment Code; offense severity ranking
   78  chart.—
   79         (3) OFFENSE SEVERITY RANKING CHART
   80         (c) LEVEL 3
   81  
   82  FloridaStatute    FelonyDegree           Description            
   83  119.10(2)(b)         3rd   Unlawful use of confidential information from police reports.
   84  316.066 (3)(b)-(d)   3rd   Unlawfully obtaining or using confidential crash reports.
   85  316.193(2)(b)        3rd   Felony DUI, 3rd conviction.       
   86  316.1935(2)          3rd   Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
   87  319.30(4)            3rd   Possession by junkyard of motor vehicle with identification number plate removed.
   88  319.33(1)(a)         3rd   Alter or forge any certificate of title to a motor vehicle or mobile home.
   89  319.33(1)(c)         3rd   Procure or pass title on stolen vehicle.
   90  319.33(4)            3rd   With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
   91  327.35(2)(b)         3rd   Felony BUI.                       
   92  328.05(2)            3rd   Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
   93  328.07(4)            3rd   Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
   94  376.302(5)           3rd   Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
   95  379.2431 (1)(e)5.    3rd   Taking, disturbing, mutilating, destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act.
   96  379.2431 (1)(e)6.    3rd   Possessing any marine turtle species or hatchling, or parts thereof, or the nest of any marine turtle species described in the Marine Turtle Protection Act.
   97  379.2431 (1)(e)7.    3rd   Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
   98  400.9935(4)(a) or (b)   3rd   Operating a clinic, or offering services requiring licensure, without a license.
   99  400.9935(4)(e)       3rd   Filing a false license application or other required information or failing to report information.
  100  440.1051(3)          3rd   False report of workers’ compensation fraud or retaliation for making such a report.
  101  501.001(2)(b)        2nd   Tampers with a consumer product or the container using materially false/misleading information.
  102  624.401(4)(a)        3rd   Transacting insurance without a certificate of authority.
  103  624.401(4)(b)1.      3rd   Transacting insurance without a certificate of authority; premium collected less than $20,000.
  104  626.902(1)(a) & (b)   3rd   Representing an unauthorized insurer.
  105  697.08               3rd   Equity skimming.                  
  106  790.1501(2)790.15(3)   3rd    Person directs another to discharge firearm from a vehicle.
  107  794.053              3rd   Lewd or lascivious written solicitation of a person 16 or 17 years of age by a person 24 years of age or older.
  108  806.10(1)            3rd   Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
  109  806.10(2)            3rd   Interferes with or assaults firefighter in performance of duty.
  110  810.09(2)(c)         3rd   Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
  111  812.014(2)(c)2.      3rd   Grand theft; $5,000 or more but less than $10,000.
  112  812.0145(2)(c)       3rd   Theft from person 65 years of age or older; $300 or more but less than $10,000.
  113  812.015(8)(b)        3rd   Retail theft with intent to sell; conspires with others.
  114  812.081(2)           3rd   Theft of a trade secret.          
  115  815.04(4)(b)         2nd   Computer offense devised to defraud or obtain property.
  116  817.034(4)(a)3.      3rd   Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
  117  817.233              3rd   Burning to defraud insurer.       
  118  817.234 (8)(b) & (c)   3rd   Unlawful solicitation of persons involved in motor vehicle accidents.
  119  817.234(11)(a)       3rd   Insurance fraud; property value less than $20,000.
  120  817.236              3rd   Filing a false motor vehicle insurance application.
  121  817.2361             3rd   Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
  122  817.413(2)           3rd   Sale of used goods of $1,000 or more as new.
  123  817.49(2)(b)1.       3rd   Willful making of a false report of a crime causing great bodily harm, permanent disfigurement, or permanent disability.
  124  831.28(2)(a)         3rd   Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument with intent to defraud.
  125  831.29               2nd   Possession of instruments for counterfeiting driver licenses or identification cards.
  126  836.13(2)            3rd   Person who promotes an altered sexual depiction of an identifiable person without consent.
  127  838.021(3)(b)        3rd   Threatens unlawful harm to public servant.
  128  860.15(3)            3rd   Overcharging for repairs and parts.
  129  870.01(2)            3rd   Riot.                             
  130  870.01(4)            3rd   Inciting a riot.                  
  131  893.13(1)(a)2.       3rd   Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs).
  132  893.13(1)(d)2.       2nd   Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of university.
  133  893.13(1)(f)2.       2nd   Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of public housing facility.
  134  893.13(4)(c)         3rd   Use or hire of minor; deliver to minor other controlled substances.
  135  893.13(6)(a)         3rd   Possession of any controlled substance other than felony possession of cannabis.
  136  893.13(7)(a)8.       3rd   Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
  137  893.13(7)(a)9.       3rd   Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
  138  893.13(7)(a)10.      3rd   Affix false or forged label to package of controlled substance.
  139  893.13(7)(a)11.      3rd   Furnish false or fraudulent material information on any document or record required by chapter 893.
  140  893.13(8)(a)1.       3rd   Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner’s practice.
  141  893.13(8)(a)2.       3rd   Employ a trick or scheme in the practitioner’s practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance.
  142  893.13(8)(a)3.       3rd   Knowingly write a prescription for a controlled substance for a fictitious person.
  143  893.13(8)(a)4.       3rd   Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner.
  144  918.13(1)            3rd   Tampering with or fabricating physical evidence.
  145  944.47 (1)(a)1. & 2.   3rd   Introduce contraband to correctional facility.
  146  944.47(1)(c)         2nd   Possess contraband while upon the grounds of a correctional institution.
  147  985.721              3rd   Escapes from a juvenile facility (secure detention or residential commitment facility).
  148         (e) LEVEL 5
  149  
  150  FloridaStatute    FelonyDegree           Description            
  151  316.027(2)(a)        3rd   Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
  152  316.1935(4)(a)       2nd   Aggravated fleeing or eluding.    
  153  316.80(2)            2nd   Unlawful conveyance of fuel; obtaining fuel fraudulently.
  154  322.34(6)            3rd   Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
  155  327.30(5)            3rd   Vessel accidents involving personal injury; leaving scene.
  156  379.365(2)(c)1.      3rd   Violation of rules relating to: willful molestation of stone crab traps, lines, or buoys; illegal bartering, trading, or sale, conspiring or aiding in such barter, trade, or sale, or supplying, agreeing to supply, aiding in supplying, or giving away stone crab trap tags or certificates; making, altering, forging, counterfeiting, or reproducing stone crab trap tags; possession of forged, counterfeit, or imitation stone crab trap tags; and engaging in the commercial harvest of stone crabs while license is suspended or revoked.
  157  379.367(4)           3rd   Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
  158  379.407(5)(b)3.      3rd   Possession of 100 or more undersized spiny lobsters.
  159  381.0041(11)(b)      3rd   Donate blood, plasma, or organs knowing HIV positive.
  160  440.10(1)(g)         2nd   Failure to obtain workers’ compensation coverage.
  161  440.105(5)           2nd   Unlawful solicitation for the purpose of making workers’ compensation claims.
  162  440.381(2)           3rd   Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
  163  624.401(4)(b)2.      2nd   Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
  164  626.902(1)(c)        2nd   Representing an unauthorized insurer; repeat offender.
  165  790.01(3)            3rd   Unlawful carrying of a concealed firearm.
  166  790.1501(3)          2nd    Drive-by shooting.                
  167  790.162              2nd   Threat to throw or discharge destructive device.
  168  790.163(1)           2nd   False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
  169  790.221(1)           2nd   Possession of short-barreled shotgun or machine gun.
  170  790.23               2nd   Felons in possession of firearms, ammunition, or electronic weapons or devices.
  171  796.05(1)            2nd   Live on earnings of a prostitute; 1st offense.
  172  800.04(6)(c)         3rd   Lewd or lascivious conduct; offender less than 18 years of age.
  173  800.04(7)(b)         2nd   Lewd or lascivious exhibition; offender 18 years of age or older.
  174  806.111(1)           3rd   Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
  175  812.0145(2)(b)       2nd   Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
  176  812.015 (8)(a) & (c)-(e)   3rd   Retail theft; property stolen is valued at $750 or more and one or more specified acts.
  177  812.015(8)(f)        3rd   Retail theft; multiple thefts within specified period.
  178  812.019(1)           2nd   Stolen property; dealing in or trafficking in.
  179  812.081(3)           2nd   Trafficking in trade secrets.     
  180  812.131(2)(b)        3rd   Robbery by sudden snatching.      
  181  812.16(2)            3rd   Owning, operating, or conducting a chop shop.
  182  817.034(4)(a)2.      2nd   Communications fraud, value $20,000 to $50,000.
  183  817.234(11)(b)       2nd   Insurance fraud; property value $20,000 or more but less than $100,000.
  184  817.2341(1), (2)(a) & (3)(a)   3rd   Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity.
  185  817.568(2)(b)        2nd   Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more persons.
  186  817.611(2)(a)        2nd   Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
  187  817.625(2)(b)        2nd   Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
  188  825.1025(4)          3rd   Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
  189  827.071(4)           2nd   Possess with intent to promote any photographic material, motion picture, etc., which includes child pornography.
  190  827.071(5)           3rd   Possess, control, or intentionally view any photographic material, motion picture, etc., which includes child pornography.
  191  828.12(2)            3rd   Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
  192  836.14(4)            2nd   Person who willfully promotes for financial gain a sexually explicit image of an identifiable person without consent.
  193  839.13(2)(b)         2nd   Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
  194  843.01(1)            3rd   Resist officer with violence to person; resist arrest with violence.
  195  847.0135(5)(b)       2nd   Lewd or lascivious exhibition using computer; offender 18 years or older.
  196  847.0137 (2) & (3)   3rd   Transmission of pornography by electronic device or equipment.
  197  847.0138 (2) & (3)   3rd   Transmission of material harmful to minors to a minor by electronic device or equipment.
  198  874.05(1)(b)         2nd   Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
  199  874.05(2)(a)         2nd   Encouraging or recruiting person under 13 years of age to join a criminal gang.
  200  893.13(1)(a)1.       2nd   Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. drugs).
  201  893.13(1)(c)2.       2nd   Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
  202  893.13(1)(d)1.       1st   Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. drugs) within 1,000 feet of university.
  203  893.13(1)(e)2.       2nd   Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
  204  893.13(1)(f)1.       1st   Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)5. drugs) within 1,000 feet of public housing facility.
  205  893.13(4)(b)         2nd   Use or hire of minor; deliver to minor other controlled substance.
  206  893.1351(1)          3rd   Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
  207         Section 6. This act shall take effect October 1, 2024.