Florida/Georgia Personal Injury & Workers Compensation

...----------------- Comment The lesser included offense of Felony Battery is only applicable if element 2a is charged and proved. This instruction was adopted in 1997 [697 So.2d 84] and amended in 2007. 10.16 USING A FIREARM WHILE UNDER THE INFLUENCE [§ 790.151, Fla....

...or common *1204 law negligence because it found that, similar to the effect of section 768.125 in Bankston, the Florida legislature had abrogated any form of common law liability when it enacted the criminal statutes consisting of section 790.17 and section 790.151, Florida Statutes (1991)....

...iting the civil liability of alcohol vendors. Id. at 1386. Conversely, as noted above, the Florida statutes upon which the Fourth District relied are purely criminal statutes imposing criminal sanctions. The language contained in sections 790.17 and 790.151, unlike the language in section 768.125, does not limit a commercial gun retailer's civil liability. The legislature simply has not "entered into the field" of regulating the civil liability of vendors for the sale of firearms with the crimes and penalties set forth in sections 790.17 and 790.151....

...r gives to any person of unsound mind an electric weapon or device or any dangerous weapon, other than an ordinary pocketknife, is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Although section 790.151, Florida Statutes (1991), was not in effect at the time of the incident, it was still cited in support of the court's deferral: (3) It is unlawful and punishable as [a misdemeanor of the second degree] for any person who is under the influence of alcoholic beverages, any chemical substance set forth in s....

...ngerous weapon, other then an ordinary pocketknife, is guilty of a misdemeanor of the first degree, punishable *979 as provided in s. 775.082 or s. 775.083 or s. 775.084. And in 1991, several years after this incident, the Florida legislature passed section 790.151, Florida Statutes (1991), which makes it unlawful for a person to use a firearm while under the influence of alcohol or a controlled substance....

...2 officer asked her if she could remove the gun from the bag to safely secure it. Ms. Rivera consented. Based on these circumstances, the officers had a reasonable suspicion that Ms. Rivera violated section 790.151, Florida Statutes. Section 790.151 makes it unlawful for any person who is under the influence of alcoholic beverages to use a firearm....