The 2023 Florida Statutes (including Special Session C)
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. . . order withholding adjudication of delinquency and placing him on probation for violation of sections 790.115 . . .
. . . The trial court concluded that the exceptions in section 790.115(2)(a), which permit certain weapons . . . The court relied on section 790.115(2)(a), which states in part: A person shall not possess any firearm . . . Section 790.115(2)(e), Florida Statutes (2015), states, "[t]he penalties of this subsection shall not . . . The trial court erred in finding that section 790.115(2)(a) applied to Ms. . . . Id. at 977 ; see also §§ 790.06(12)(b), 790.115(2)(a) 3., & 790.25(5), Fla. Stat (2015). . . .
. . . See § 790.115(2)(b), Fla. Stat. (2014). . . .
. . . 2013); the trespass on school property with a firearm count required a trespass on school property, § 790.115 . . .
. . . Plaintiff acknowledges that § 790.115 prohibits firearms on university property, but contends that the . . . The Section 790.115(2)(a) prohibition against firearms on school property includes university property . . . There is no exception in § 790.115(2) for a residence hall like there is for a vehicle. . . . In attempting to reconcile section 790.25(3)(n) with section 790.115(2)(a), we are guided by the fact . . . in section 790.25(4), the exception as to vehicles in section 790.115 would have been unnecessary. . . . Const, (authorizing the legislature to regulate in the area of firearms); § 790.115(2)(a), Fla. . . . “The protections of this section do not apply to ... a person using ... firearms in violation of [§ 790.115 . . . .; see § 790.115(2)(a)(3), Fla. Stat. (“[A] person may carry a firearm: ... . . . Regulation 2.001’s exceptions, set oüt in' subsection 3(a), appears to violate sections 790.25(5) and 790.115 . . .
. . . EVENT] [ON SCHOOL PROPERTY] [ON A SCHOOL BUS] [AT A SCHOOL BUS STOP] [WITHIN 1,000 FEET OF A SCHOOL] § 790.115 . . . Stat. 790.115(1)) ], the State must prove the following four elements beyond a reasonable doubt. 1. . . . Give as applicable. § 790.001(13) and § 790.115(1), Fla. Stats. . . . See § 790.115(1), Fla. Stat. . . . See § 790.115(3), Fla. Stat. . . .
. . . explains, the University of North Florida is not a “school district” within the meaning of section 790.115 . . . But section 790.115(2)(a)3. does not control disposition of the entire case, and the court is not saying . . . See § 790.115(1), (2)(a), Fla. Stat. (2011). . . . See § 790.115(2)(a)3., Fla. Stat. (2011). . . . when it stated in its Policies & Regulations that the University is a school as defined in section 790.115 . . . Reversal is warranted for the simple reason that § 790.115(2)(a)3 allows “school districts” to waive . . . First, UNF’s policy is entirely bound up with § 790.115(2)(a)3. . . . Although s. 790.115(2) (a)3, Florida Statutes, provides that a person may carry a firearm in a vehicle . . . The different question of whether UNF could adopt its own regulatory scheme independent of § 790.115( . . . See § 790.115(2)(c)l, Fla. Stat. . . . See § 790.115(2)(a), Fla. Stat. (2011). . . . See § 790.115(2)(a)l.-3., Fla. Stat. (2011). . . . Section 790.115 only uses the term “school district” once; outside of subsection 790.115(2)(a)3., the . . . rest of section 790.115 simply uses the term “school.” . . . See § 790.115(2)(c)l., Fla. Stat. (2011). . . .
. . . a delinquency petition alleging M.M. possessed a weapon on school grounds, in violation of section 790.115 . . . and therefore cannot sustain a conviction for possession of a weapon on school grounds under section 790.115 . . .
. . . petition for juvenile delinquency with possession of a weapon on school property, in violation of section 790.115 . . . at a school-sponsored event or on the property of any school, school bus, or school bus stop.... § 790.115 . . . Section 790.115, Florida Statutes, generally proscribes weapons on school property and excepts from its . . .
. . . The state charged the appellant under section 790.115(2)(a), Florida Statutes (2010), which provides . . .
. . . The issue presented is whether the appellant violated section 790.115(2), Florida Statutes (2009), by . . . that possession of a pocketknife, as defined under section 790.001(13), is not a violation of section 790.115 . . . R.H. was charged with violating section 790.115(2), which reads, in pertinent part, as follows: A person . . . In other words, section 790.115(2) specifically prohibits the possession of a weapon as defined by section . . . The key definitional provision of section 790.001(13), referenced in section 790.115(2), exempts a common . . .
. . . K.C. was charged with violating section 790.115(2), Florida Statutes (2009), which provides, in relevant . . . deadly weapon” to fall within the scope of section 790.001(13) and thus within the scope of section 790.115 . . .
. . . Section 790.115(2) prohibits the possession of a firearm “or other weapon as defined in s. 790.001(13 . . . gun could damage an eye was sufficient to prove that the BB gun was a weapon for purposes of section 790.115 . . . There, the juvenile was also charged with a violation of section 790.115(2) by bringing a BB gun to school . . . that in a prosecution for possession of a BB gun on school premises in violation of Florida Statute 790.115 . . .
. . . no contest plea to the charge of possession of a weapon on school property in violation of section 790.115 . . . Section 790.115(2)(a), Florida Statutes (2009), makes it a felony to possess a firearm on the grounds . . . Specifically, section 790.115(2)(a), Florida Statutes provides in part: (2)(a) A person shall not possess . . .
. . . J.M.P. was charged in a petition for delinquency with violating section 790.115(2), Florida Statutes . . . Section 790.115 is directed at preventing visitors, students and other unauthorized persons from bringing . . . Section 790.115(2)(a) provides, in pertinent part, that “[a] person shall not possess any firearm, electric . . . Again, since a BB gun is not enumerated, in order to be prohibited under section 790.115(2), the subsection . . . We emphasize that while a BB gun could be included within the weapons prohibited by section 790.115(2 . . .
. . . charged by petition for delinquency with possession of a firearm on school property pursuant to section 790.115 . . . he definition of ‘possession’ is different from and broader than the definition of ‘carrying.’ ”); § 790.115 . . .
. . . . § 790.115, Fla. Stat. (2006). . . .
. . . . § 790.115(1) provided: (1) A person who exhibits any sword, sword cane, firearm, electric weapon or . . . Stat. § 790.115(1) (1997). . . . Stat. § 790.115(1) prohibits some conduct that does not present a serious potential risk of injury and . . . Even if Howard successfully showed that § 790.115(1) broadly encompassed some conduct that constituted . . . Stat. 790.115(1) and Howard’s judgment of conviction are ambiguous. . In Rita v. . . .
. . . that A.S.P. committed the acts of possession of a weapon on school grounds, in violation of section 790.115 . . .
. . . However, a child charged with possessing or discharging a firearm on school property in violation of s. 790.115 . . .
. . . F.D. was charged with possession of a weapon on school property, pursuant to section 790.115, Florida . . .
. . . The state attorney filed a Petition for Delinquency, charging C.N.H. with violations of sections 790.115 . . .
. . . See §§ 790.001(13), 790.115(2), Fla. Stat. (2004). . . .
. . . See § 790.115(2)(b), Fla, Stat. (2003). KLEIN, TAYLOR and MAY, JJ., concur. . Anders v. . . .
. . . juvenile in L.B. was charged with possession of a weapon on school property in violation of section 790.115 . . .
. . . charged with and found guilty of (I) possession of a weapon on school property in violation of section 790.115 . . . (2)(b) or 790.115(2)(c), Florida Statutes; and (II) intentional assault with a knife, a deadly weapon . . .
. . . The trial court did not err in finding that the BB gun was a weapon within the meaning of section 790.115 . . .
. . . Subsequent to L.B., the Legislature amended section 790.115, Florida Statutes, to specifically prohibit . . . a “common pocketknife,” and was therefore a “weapon” within the meaning of sections 790.001(13) and 790.115 . . .
. . . Coleman, charging Coleman with possession of a firearm or weapon on school property pursuant to section 790.115 . . . Section 790.115(2)(b) prohibits the possession of a knife on school property, and subsection (c) provides . . . As other courts have found, section 790.115, as amended by the legislature in October 1997, includes . . .
. . . The information charged Ragland with a violation of section 790.115(2) (a), Florida Statutes (1999). . . . Section 790.115 provides in part: 790.115. . . . Thus, section 790.115(2)(a) makes it a felony to possess a firearm on the grounds of any school, with . . . Section 790.115 generally proscribes weapons on school grounds, as does the published policy. . . . Nor need we decide whether section 790.115 authorizes the waiver at post-secondary schools. . . . Thompson that the college’s “waiver” of the securely encased firearm exception contained in section 790.115 . . .
. . . Section 790.115(1), Florida Statutes (1997), prohibits the exhibition of “any sword, sword cane, firearm . . . found in that section, and discussed in L.B., no longer applies to exempt pocketknives from section 790.115 . . . (1) because the legislature amended section 790.115 effective October 1, 1997, to expand the definition . . . Wé agree with the State that pursuant to the October 1997 amendment to section 790.115, any “knife,” . . .
. . . The child is charged with possession or discharging a firearm on school property in violation of s. 790.115 . . .
. . . his middle school and charged with possession of a weapon on school campus in violation of section 790.115 . . . argues that his knife was merely a “common pocket knife,” and he did not therefore violate section 790.115 . . . definition of a weapon means that common pocket knives are not knives within the meaning of section 790.115 . . . If the legislature had intended to exclude common pocket knives from section 790.115(2)(a), which became . . . The answer is no, unless “as authorized in school sanctioned activities.” § 790.115(2)(a). . . .
. . . The State charged M.C.M. with possession of a firearm on school property, in violation of section 790.115 . . . degree.... ” M.C.M. argues that the State did not prove a prima facie case of a violation of section 790.115 . . . firearm, the State failed to present sufficient evidence that M.C.M. violated that portion of section 790.115 . . . firearm in a vehicle on school property, the State could have charged M.C.M. with violating section 790.115 . . .
. . . like L.B., was arrested for carrying a weapon — a knife — on school grounds in violation of section 790.115 . . .
. . . minor, was charged with and convicted of possessing a weapon on school property in violation of section 790.115 . . . a “common pocketknife,” and was therefore a “weapon” within the meaning of sections 790.001(13) and 790.115 . . . destructive device, or other weapon on the property of any school, school bus, or school bus stop....” § 790.115 . . .
. . . juvenile, challenges her conviction for possessing a weapon on school property in violation of section 790.115 . . .
. . . . § 790.115(2), Fla.Stat. (1993). . . .
. . . Section 790.115(2)(a), Florida Statutes (1993), prohibiting possession of the firearm on school property . . . , does not contain any elements not included in a violation of section 790.115(2)(d), prohibiting discharge . . . The state charged appellant with violating section 790.115(2)(a), Florida Statutes. . . .
. . . (creates §§ 790.115 and 810.095, Fla.Stat., regarding possession of weapons or firearms on school property . . .