(1) Any person who manufactures, purchases, transports, keeps, stores, possesses, distributes, sells, or uses any explosive with the intent to harm life, limb, or property is guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Manufacturing, purchasing, possessing, distributing, or selling an explosive under circumstances contrary to the provisions of this chapter or such regulations as are adopted pursuant thereto shall be prima facie evidence of an intent to use the explosive for destruction of life, limb, or property.
(2) Any person who possesses any explosive material, knowing or having reasonable cause to believe that such explosive material was stolen, is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) Any person who knowingly withholds information or presents to the division any false, fictitious, or misrepresented application, identification, document, information, statement, or data, intended or likely to deceive, for the purpose of obtaining an explosives license or permit is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(4) Any person who knowingly withholds information or makes any false or fictitious entry or misrepresentation upon any records required by s. 552.111 or s. 552.112 is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(5) Any person who is the holder of an explosives license or permit and who fails to report the loss, theft, or unexplained shortage of any explosive material as required by s. 552.113 is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(6) Any person who violates any order, rule, or regulation of the division, an order to cease and desist, or an order to correct conditions issued pursuant to this chapter is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(7) Any person who is the holder of an explosives license or permit and who abandons any explosive material is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(8) The license or permit of any person convicted of violating subsection (1) or subsection (2) is automatically and permanently revoked upon such conviction.
(9) The license or permit of any person convicted of violating subsection (3), subsection (4), subsection (5), subsection (6), or subsection (7) is automatically revoked upon such conviction, and the division shall not issue a license or permit to such person for 2 years from the date of such conviction.
(10) Any person who knowingly possesses an explosive in violation of the provisions of s. 552.101 is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 7, ch. 29944, 1955; s. 9, ch. 59-83; s. 2, ch. 65-59; s. 548, ch. 71-136; s. 21, ch. 77-84; s. 224, ch. 79-400; s. 1, ch. 84-17; s. 145, ch. 91-224.
...y have gained about the inmate and the incident, determine if force is necessary. I further charge you that staff of the Bureau of Prison staff shall use only that amount of force necessary to gain control of the inmate. (28 CFR Ch. V, §'552.21(c), § 552.22(a) (7-1-91 ed.))....
Cited 6 times | Published | Florida 3rd District Court of Appeal
...and 806.01, Florida Statutes (1975). IV. "... did unlawfully and feloniously 15 years Nolle keep, store, possess or distribute [a] prosequi certain explosive, to-wit: DYNAMITE, with the intent to harm life, limb or property ..." in contravention of Section 552.22, Florida Statutes (1975) V. "... did unlawfully, knowingly and 5 years 5 years feloniously have in their possession, [a] certain explosive, to-wit: DYNAMITE, without having a license or permit thereof ..." in contravention of Sections 552.101 and 552.22, Florida Statutes (1975). VI. "... did unlawfully, knowingly and 5 years 5 years feloniously transport [an] explosive, to-wit: DYNAMITE ..." in contravention of Sections 552.12 and 552.22, Florida Statutes (1975)....
...s alleged in five and six of the information. By way of recapitulation, count four alleged that De la Cova possessed or distributed dynamite with "intent to harm life, limb or property." The information recites that the act was done in violation of "552.22, Florida Statutes (1975)." Count five was for the possession of dynamite "without having a license." Count six was for the transportation of dynamite. It is argued that no substantive provision of Section 552.22 makes it a crime to possess dynamite with intent to harm....
Cited 3 times | Published | Florida 1st District Court of Appeal
...On August 24, 1976, appellant was acquitted of all federal charges. The State then filed and proceeded to trial on its thirty-nine count information and appellant was acquitted of all but five counts stemming from the airport incident: Count 1 : unlawful possession of explosive in violation of Section 552.22, Fla. Stat., punishable up to fifteen years' imprisonment. Count 10 : unlawful possession of explosive in violation of Sections 552.101, 552.22, Fla....
which was a “knowing violation” as set forth in Section 552.22. Under said section a maximum penalty of ten
This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.
