Arrestable Offenses / Crimes under Fla. Stat. 790.22
CopyCited 188 times | Published | Court of Appeals for the Eleventh Circuit | 30 Wage & Hour Cas. (BNA) 934, 1991 U.S. App. LEXIS 22510, 1991 WL 177754
...§ 790.13 et seq. “ ‘What constitutes good faith on the part of [an employer] and whether [the employer] had reasonable grounds for believing that [its] act or omission was not a violation of the [Act] are mixed questions of fact and law.’ 29 C.F.R. § 790.22 (c) (1987).......
CopyCited 89 times | Published | Supreme Court of Florida | 40 Fla. L. Weekly Supp. 362, 2015 Fla. LEXIS 1382, 2015 WL 3887433
...of a firearm by a minor in addition to any
other firearm-related offenses” by stating that the possession statute is
“ ‘supplemental to all other provisions of law relating to the possession, use, or
exhibition of a firearm’ ”) (quoting § 790.22(7), Fla....
CopyCited 55 times | Published | Supreme Court of Florida | 2003 WL 21546546
...The majority demands *667 legislative consistency, but fails to consider that many areas of Florida law do require parental involvement when minors are impacted. Driver's license provisions, see §
322.09, Fla. Stat. (2002), body piercing, see §
381.0075(7), Fla. Stat. (2002), possession and use of firearms, see §
790.22(1), (3), Fla....
CopyCited 53 times | Published | Supreme Court of Florida | 1996 WL 580313
...We have jurisdiction pursuant to article V, section 3(b)(4) of the Florida Constitution. M.P. was adjudicated delinquent for carrying a concealed weapon in violation of section
790.01, Florida Statutes (1993), [1] and possession of a firearm by a minor in violation of section
790.22(3), Florida Statutes (Supp....
...opardy. M.P.,
662 So.2d at 1359-60. The district court concluded that the legislature specifically articulated its intent to punish possession of a firearm by a minor in addition to other firearm-related offenses based upon the statutory language in section
790.22(7), Florida Statutes (Supp....
...The Blockburger test has been codified in Florida at section
775.021(4), Florida Statutes (1995). [6] *82 In the instant case, the Florida legislature clearly stated its intent to punish possession of a firearm by a minor in addition to any other firearm-related offenses. Section
790.22(7), Florida Statutes (Supp.1994), provides that "[t]he provisions of this section are supplemental to all other provisions of law relating to the possession, use, or exhibition of a firearm." (Emphasis added). The House Staff Analysis Report also provides that the punishment for violating section
790.22 shall be "in addition to any other penalty provided by law." Fla....
...NOTES [1] Section
790.01, Florida Statutes (1993), provides in pertinent part: (1) Whoever shall carry a concealed weapon or electric weapon or device on or about his person shall be guilty of a misdemeanor of the first degree, punishable as provided in s.
775.082 or s.
775.083. [2] Section
790.22(3), Florida Statutes (Supp....
...Under 16 years of age and supervised by an adult who is acting with the consent of the minor's parent or guardian. (c) The firearm is unloaded and is being transported by the minor directly to or from an event authorized in paragraph (a) or paragraph (b). [3] Section 790.22(7), Florida Statutes (Supp. 1994), provides that the provisions of section 790.22 "are supplemental to all other provisions of law relating to the possession, use, or exhibition of a firearm." [4] Blockburger v....
CopyCited 49 times | Published | Supreme Court of Florida | 1998 WL 873070
...Additionally, Florida provides that individuals are permitted to carry concealed weapons with a proper license. See §
790.06, Fla. Stat. (1997). There are even certain situations (not involved here) where juveniles are permitted to possess firearms. See §
790.22, Fla....
...re he has reason to believe that he is dealing with an armed and dangerous individual, regardless of whether he has probable cause to arrest the individual for a crime. Terry,
392 U.S. at 27,
88 S.Ct. 1868. [12] §
790.01(2), Fla. Stat. (1995). [13] §
790.22(3), Fla....
CopyCited 15 times | Published | District Court, M.D. Florida | 2002 U.S. Dist. LEXIS 24111, 2002 WL 31940726
...Girls Gone Wild does not contravene Florida's public policy against the sexual exploitation of children. [43] See Fla. Stat. §
40.01. [44] See Fla. Stat. §
97.041. [45] See Fla. Stat. §
381.0075. [46] See Fla. Stat. §
741.04. [47] See Fla. Stat. §
790.22 ("The use for any purpose whatsoever of BB guns, air or gasoperated guns, or electric weapons or devices, by any minor under the age of 16 years is prohibited unless such use is under the supervision and in the presence of an adult who is acting with the consent of the minor's parent")....
CopyCited 14 times | Published | Florida 2nd District Court of Appeal | 2014 WL 1047074, 2014 Fla. App. LEXIS 3971
...y analysis. Compare M.P.,
682 So.2d at 82 (holding that the legislature explicitly stated its intent to allow multiple punishments by providing “that ‘[t]he provisions of this section are supplemental to all other provisions of law1 ” (quoting §
790.22(7), Fla....
CopyCited 12 times | Published | Florida 3rd District Court of Appeal
...1955) which deal with the parent's duty to control his child so as to prevent the child from harming another, are not directly related to this issue. Nor are those which impose vicarious responsibility upon the parent for the torts of the child himself. See, e.g., § 790.22, Fla....
CopyCited 11 times | Published | Supreme Court of Florida | 33 Fla. L. Weekly Fed. S 645
...ction in a wide variety of criminal or juvenile settings: It seems the legislature agrees, and has associated loss of privileges with numerous non-traffic related offenses, frequently unashamedly calling it punishment. See for example ... Fla. Stat. § 790.22(5)(a) (expressly makes suspension of driving privileges a part of the penalty for a minor being in a possession of a firearm); Fla....
CopyCited 10 times | Published | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 19620, 2009 WL 4827513
...Additionally, Florida provides that individuals are permitted to carry concealed weapons with a proper license. See §
790.06, Fla. Stat. (1997). There are even certain situations (not involved here) where juveniles are permitted to possess firearms. See §
790.22, Fla....
CopyCited 10 times | Published | Florida 1st District Court of Appeal
...t defendant Henry Williams was the parent of Raymond Williams, a minor under the age of sixteen years, who was under the care, custody and supervision of said defendant; that "contrary to the law and statutes of the state of Florida, to-wit: Chapter 790.22, Fla.Statutes Annotated", said defendant did carelessly, negligently and knowingly permit his said infant child to use a powerful BB gun, and that said use was "not under the supervision and in the presence of an adult and at the time the said...
...The judgment must be reversed because of the errors complained of under grounds (1) and (2), supra. The theory of the case as stated by the complaint is that where a person suffers an injury from the discharge of a BB gun being used by or in the possession of a person under sixteen years of age, Section 790.22, Florida Statutes, F.S.A., imposes vicarious liability in tort upon the adult responsible for the welfare of such infant in those instances where the adult knowingly permitted the infant to use the BB gun or have it in his possession, regardless of negligence or lack of negligence in the use thereof....
...of law as to whether the injured party seeking relief is a member of the class which the statute is designed to protect. If so, vicarious liability is visited upon the person infracting the statute, otherwise it does not exist. Applying that test to Section 790.22, Florida Statutes, F.S.A., we do not think it yields to a construction as having been designed to protect members of a class....
CopyCited 8 times | Published | Florida 4th District Court of Appeal | 2001 WL 1503209
...d him on community control under the Department of Juvenile Justice for the maximum term of fifteen years. The State contends that the trial court erred when it credited appellee with fifteen days for time served in detention. We agree, and reverse. Section 790.22(9), Florida Statutes (2000), provides: Notwithstanding s....
...tment of Juvenile Justice, in addition to any other punishment provided by law, the court shall order: (a) For a first offense, that the minor shall serve a minimum period of detention of 15 days in a secure detention facility;.... (Emphasis added.) Section 790.22(9) also provides: The minor shall not receive credit for time served before adjudication....
CopyCited 7 times | Published | Florida 3rd District Court of Appeal | 1997 WL 120163
...Blumberg, Assistant Public Defender, for appellant. Robert A. Butterworth, Attorney General and Sandra S. Jaggard, Assistant Attorney General, for appellee. Before SCHWARTZ, C.J., and GERSTEN and GREEN, JJ. GREEN, Judge. On this appeal, T.M., a juvenile, asserts that section 790.22(9)(a), Florida Statutes (1995) [1] which mandates the imposition of a five day detention period on any juvenile who commits an offense that involves the use or possession of a firearm is violative of the equal protection clause whereas an adult who commits the same offense is not subjected to the same mandatory incarceration period. We do not find section 790.22(9)(a) to be violative of the equal protection clause of the state and federal constitutions and affirm. T.M. was charged by petition of delinquency with carrying a concealed firearm. After conducting an adjudicatory hearing, the trial court held that T.M. had committed the act alleged in the petition. Pursuant to section 790.22(9)(a), the trial court was required to impose a five day detention period on T.M....
...argued that the statute precluded a juvenile from receiving an individualized sentence without an automatic detention period, whereas an adult offender convicted of the same offense could receive an individualized sentence which did not include a mandatory incarceration sentence. T.M. maintained that section 790.22(9)(a) is not based on any rational distinction having a just and reasonable relation to a legitimate state interest and it therefore violated the equal protection clause of both the state and federal constitutions....
...or more similarly situated groups in an unequal manner. In the Interest of J.P.,
405 So.2d 497, 498 (Fla. 4th DCA 1981) (citing In re Eric J, 25 Cal.3d 522, 159 Cal.Rptr. 317, 601 P.2d 549 (Cal.1979)). We understand T.M.'s basic argument to be that section
790.22(9)(a) is violative of the equal protection clause because it requires juveniles who are found guilty of carrying a concealed firearm to be detained for five days but adults who are found guilty of this same offense are not subject to any mandatory incarceration....
...ive punishment, it is constitutionally permissible to treat juvenile offenders differently. Even assuming arguendo, that juvenile and adult firearm offenders could be deemed similarly situated, we still could not find a constitutional infirmity with section 790.22(9)(a)....
...State,
356 So.2d 269, 271-72 (Fla.1978) (test is whether classification rests on some difference bearing reasonable and just relation to the object of the legislation). In light of the alarming and escalating number of firearms finding their way into the hands of juveniles in the State of Florida, we cannot conclude that section
790.22(9)(a) bears no rational relationship to the state's legitimate objective in curtailing juvenile violence with the use of firearms....
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 1995 WL 215000
...Public Defender, Tallahassee, for appellant. Robert A. Butterworth, Atty. Gen., Giselle Lylen Rivera, Asst. Atty. Gen., Tallahassee, for appellee. PER CURIAM. Appellant seeks review of an order adjudicating him a delinquent child based upon findings that he had violated section 790.22(3), Florida Statutes (Supp....
...viously found to have committed a delinquent act that would be a felony if committed by an adult), we remand with directions that the trial court enter an amended order of adjudication and disposition that makes no reference to a violation of either section
790.22(3) (unlawful possession of a firearm by a minor) or section
790.01(2) (carrying a concealed firearm)....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 2003 WL 22056055
...There, *256 the Florida Supreme Court upheld a delinquency adjudication for carrying a concealed weapon, a firearm, in violation of section
790.01, Florida Statutes (1993), and an adjudication of delinquency for possession of a firearm by a minor in violation of section
790.22(3), Florida Statutes (Supp....
...The adjudications "related to the same weapon and arose from the same incident." M.P.,
682 So.2d at 80. But the supreme court concluded that the dual adjudications did not violate double jeopardy principles because the legislature expressed its intent in section
790.22(7), Florida Statutes (Supp.1994), "to punish a minor's possession of a firearm in addition to any other firearm-related offenses....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 1995 WL 516474
...that the trial court strike the remaining two adjudications and dispositions. AFFIRMED in part; REMANDED with directions. W. SHARP and GRIFFIN, JJ., concur. NOTES [1] §
790.23(1)(a), Fla. Stat. (Supp. 1994). [2] §
790.01(2), Fla. Stat. (1993). [3] §
790.22(3), Fla....
CopyCited 5 times | Published | District Court, S.D. Florida | 4 Wage & Hour Cas.2d (BNA) 490, 1997 U.S. Dist. LEXIS 21472, 1997 WL 763487
...If, however, the employer does not show to the satisfaction of the court that he has met the two conditions mentioned above, the court is given no discretion by the statute, and it continues to be the duty of the court to award liquidated damages. 29 C.F.R. § 790.22(b)....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 2006 WL 1649020
...There, the court considered whether two convictions under chapter 790 constituted double jeopardy when they arose out of a single incident. In that case, a juvenile was adjudicated delinquent for carrying a concealed weapon in violation of section
790.01 and possession of a firearm by a minor in violation of section
790.22(3) after he was found in possession of a single weapon. The court found that double jeopardy was not violated in that case because a clear statement of legislative intent to punish each crime separately is contained in section
790.22(7), which states that "[t]he provisions of this section are supplemental to all other provisions of law relating to the possession, use, or exhibition *236 of a firearm." M.P.,
682 So.2d at 82 (alteration in original) (quoting §
790.22(7), Fla....
CopyCited 5 times | Published | District Court, S.D. Florida | 2010 U.S. Dist. LEXIS 74865, 2010 WL 2949592
...ood faith defense. "`What constitutes good faith on the part of [an employer] and whether [the employer] had reasonable grounds for believing that [its] act or omission was not a violation of the [Act] are mixed questions of fact and law.' 29 C.F.R. § 790.22(c) (1987) ......
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 1997 WL 757217
...The central rationale for finding diminished constitutional rights of minors, in limited circumstances, appears to be for the personal protection of the child or the personal protection of others from the acts of minors. For example, in T.M. v. State,
689 So.2d 443 (Fla. 3d DCA 1997), we found section
790.22(9)(a), Florida Statutes, which mandates the imposition of a five day detention period on any juvenile who commits any offense involving the use or possession of a firearm, to be constitutional notwithstanding the fact that an adult who similarly commits any such offense is not subject to the same mandatory incarceration period. See id. at 444, 446; §
790.22(9)(a), Fla....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2000 WL 1434688
...in secure detention. T.S. was charged with carrying a concealed weapon (firearm) in violation of section
790.01, Florida Statutes (1999), and carrying a prohibited weapon openly in violation of section
790.053. He was placed in secure detention as authorized by section
790.22(8), and the trial court held the required detention hearing within twenty-four hours....
...to remain in secure detention. The trial court used what appears to be a form order. The order states that the court considered the results of the RAI which recommended secure *199 detention pursuant to the "gun bill." We interpret the phrase "gun bill" to be a reference to section 790.22(8)....
...th an offense involving the possession of a firearm or charged with an offense during which he/she possessed a firearm." T.S. argues that this order does not satisfy the statutory criteria for keeping him in secure detention. T.S. asserts that under section 790.22(8) the court may order a minor charged with possession of a firearm to continue to be held in secure detention only if the court finds that the minor meets the criteria specified in section 985.215(2), Florida Statutes (1999), or if th...
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 2006 WL 1708317
...t, but who was arrested outside of the vehicle, particularly where there is no specific evidence reflecting that the weapon was within easy reach. I would reverse. NOTES [1] §
790.01(2), Fla. Stat. (2004). [2] §
790.23(1)(b), Fla. Stat. (2004) [3] §
790.22(3), Fla....
CopyCited 4 times | Published | District Court, S.D. Florida | 2014 WL 3738634, 2014 U.S. Dist. LEXIS 106791
...The employer must prove both subjective and objective “good faith,” that is, (1) that its actions were taken in a “good faith” belief that they did not violate the law and (2) that it had reasonable grounds for believing that its actions were not in violation of the law. See 29 U.S.C. § 260 ; 29 C.F.R. § 790.22 (b); Rodriguez v....
...Failure to establish either of those elements precludes a finding of “good faith.” Id. Yet, even where the employer is able to establish both elements, any reduction or elimination of a liquidated damages award remains discretionary with the Court. 29 C.F.R. § 790.22 (b) (stating that “the court is permitted, but is not required, in its sound discretion to reduce or eliminate the liquidated damages which would otherwise be required”)....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 17688
...6 And, as we ourselves have said: “[i]t is axiomatic that a sentence can be molded to fit the crime, but the crime cannot be molded to fit the sentence.” 7 [e.s.] With these background principles in hand we turn to the statute employed by the trial judge in this case. The pertinent provisions of § 790.22(9) state: “Notwithstanding s....
...enalty or an enhanced penalty depending on facts in addition to the crime’s raw elements that were not alleged. Plainly under the above authorities, the only penalty that may be imposed is the one allowed by a charge lacking the facts supporting a § 790.22(9) enhancement. It is argued that § 790.22(9) is couched in mandatory terms and that these due process principles do not apply in this juvenile delinquency case. The contention is that § 790.22(9) is “designed to get the immediate attention of all juveniles and to issue a “wake-up call’ that the state deems their firearm offenses to be serious enough to warrant the automatic deprivation of their liberty for a period of time, even on a first offense.” State v....
...3d DCA 1997)). 10 But the child in J.Z. was charged and found guilty of carrying a concealed weapon and possession of a firearm by a minor. In other words — unlike the case we face today — the child was charged with the very predicate fact required by § 790.22(9): in committing his offense he possessed a firearm. Nothing in J.Z. supports a holding that § 790.22(9) may be employed in spite of the absence of notice in the charging document of the facts supporting the enhanced punishment....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2006 WL 1373243
....21(4), Florida Statutes; a father's financial responsibility for a juvenile placed in detention under section 985.215(6), Florida Statutes; and a father's potential criminal liability for his minor child's unsupervised possession of a firearm under section 790.22(4), Florida Statutes....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 2012 WL 832836, 2012 Fla. App. LEXIS 4063
...1981) (holding that "absolute invisibility is not a necessary element to a finding of concealment under section
790.001"). Mackey does not contest the trial court's factual determination that the firearm was "concealed." [3] But see, e.g., §
790.053 Fla. Stat. (2010) (prohibiting the open carrying of a firearm); §
790.22(3) Fla....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1994 WL 668203
...On September 15 a delinquency petition was filed by the State Attorney charging T.L.W. with carrying a concealed firearm, a third degree felony under section
790.01(2), and possession of a firearm by a minor, a first degree misdemeanor pursuant to section
790.22(3) and (5)....
...Petitioner further points out that section 39.042, Florida Statutes, requires the preparation and consideration of a RAI in determining whether a minor should be placed in secure detention. In the instant case, T.L.W.'s RAI did not establish a need for detention. Petitioner acknowledges possible reliance on section 790.22(8), Florida Statutes, enacted by the 1993 legislature in chapter 93-416, § 5, Laws of Florida, effective January 1, 1994: Notwithstanding s....
...No one alleged that petitioner was seeking to injure anyone or that the possession of an unloaded firearm could result in someone being shot. Respondents agree with petitioners that detention under chapter 39, Florida Statutes, is not warranted. Instead, they argue that secure detention is authorized by section 790.22(8), Florida Statutes....
...For these reasons this court in the future will require presentation of arguments to the trial court in proceedings of this nature prior to their being raised in this forum through a petition for writ of habeas corpus. [2] IV. We find that the detention of the petitioners was authorized under both section 39.044(2) and section 790.22(8)....
...[3] Although the RAIs did not score for secure detention, the trial judges satisfied the requirement of giving clear and convincing reasons for such detention, as will be discussed further below. Because both petitioners were charged with the possession of a concealed firearm in addition to possession as prohibited by section 790.22(3), the continued detention of each was authorized by section 790.22(8) if the trial court found by clear and convincing evidence that the minor is a clear and present danger to himself or the community....
...L.W.'s argument that the trial court's finding is unsupportable because his weapon was unloaded is not availing. See, e.g., Lanier v. State,
504 So.2d 501 (Fla. 1st DCA 1987). [4] We also agree with the respondents that the paperwork executed in the proceedings below, while perhaps not precisely on a form as contemplated by section
790.22(8), was sufficient to satisfy the requirements of law. As T.L.W. was properly detained under authority of section
790.22(8), any technical non-compliance with section 39.044(9) is irrelevant....
...We therefore decline to speculate whether the trial court would have reached a different conclusion upon being informed of its mistaken assumption that petitioner was involved in the altercation. V. In summary, both petitioners qualify for secure detention under the terms of sections 39.044(2)(d)5 and 790.22(8), upon the finding by the trial court of clear and convincing reasons that such placement is necessary and/or that the minors are a clear and present danger to themselves or the community....
CopyCited 2 times | Published | Supreme Court of Florida | 21 Fla. L. Weekly Supp. 433, 1996 Fla. LEXIS 1716
...We have jurisdiction pursuant to article V, section 3(b)(4) of the Florida Constitution. M.P. was adjudicated delinquent for carrying a concealed weapon in violation of section
790.01, Florida Statutes (1993), 1 and possession of a firearm by a minor in violation of section
790.22(3), Florida Statutes (Supp....
...pardy. M.P.,
662 So.2d at 1359-60 . The district court concluded that the legislature specifically articulated its intent to punish possession of a firearm by a minor in addition to other firearm-related offenses based upon the statutory language in section
790.22(7), Florida Statutes (Supp....
...The Blockburger test has been codified in Florida at section
775.021(4), Florida Statutes (1995). 6 *82 In the instant ease, the Florida legislature clearly stated its intent to punish possession of a firearm by a minor in addition to any other firearm-related offenses. Section
790.22(7), Florida Statutes (Supp.1994), provides that “[t]he provisions of this section are supplemental to all other provisions of law relating to the possession, use, or exhibition of a firearm.” (Emphasis added). The House Staff Analysis Report also provides that the punishment for violating section
790.22 shall be “in addition to any other penalty provided by law.” Fla....
...Section
790.01, Florida Statutes (1993), provides in pertinent part: (1) Whoever shall carry a concealed weapon or electric weapon or device on or about his person shall be guilty of a misdemeanor of the first degree, punishable as provided in s.
775.082 or s.
775.083. . Section
790.22(3), Florida Statutes (Supp....
...Under 16 years of age and supervised by an adult who is acting with the consent of the minor's parent or guardian. (c) The firearm is unloaded and is being transported by the minor directly to or from an event authorized in paragraph (a) or paragraph (b). . Section 790.22(7), Florida Statutes (Supp. 1994), provides that the provisions of section 790.22 "are supplemental to all other provisions of law relating to the possession, use, or exhibition of a firearm.” ....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 1995 WL 689516
...JORGENSON, Judge. M.P. appeals from an adjudication of delinquency. We affirm. M.P. was adjudicated delinquent for carrying a concealed weapon in violation of section
790.01, Florida Statutes (1993), and possession of a firearm by a minor in violation of section
790.22(3), Florida Statutes (Supp....
...137,
97 S.Ct. 2207,
53 L.Ed.2d 168 (1977) (critical inquiry in double jeopardy analysis is whether Congress intended to *1360 punish each statutory violation separately); State v. Smith,
547 So.2d 613 (Fla. 1989) (same). When the Florida legislature enacted section
790.22(3), it specifically articulated its intent to punish possession of a firearm by a minor in addition to other firearmrelated offenses by providing that "[t]he provisions of this section are supplemental to all other provisions of law relating to the possession, use, or exhibition of a firearm." §
790.22(7), Fla....
...3d DCA 1995); State v. Smith,
547 So.2d at 616. Although the two offenses share the common element of possession of a firearm, each statute addresses separate societal evils; each contains a unique prohibition. Section
790.01 prohibits concealment of a weapon; section
790.22(3) prohibits possession of a firearm by a minor....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2009 WL 32416
...rder (here, October 9, 2008) is included in the count. This method of counting ensures that a child is not held in detention more than the imposed number of days. Cf. State v. R.F.,
648 So.2d 293, 294 (Fla. 3d DCA 1995) (construing the term "day" in section
790.22(9)(a), Florida Statutes (Supp....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2003 WL 183615
...on probation, and ordering, among other things, that the juvenile complete 100 hours of community service. The State maintains that the trial court erred in failing to sentence the juvenile to a minimum period of fifteen days in a secured detention facility, as required by section 790.22(9)(a), Florida Statutes (2001)....
...At the disposition hearing which followed, the juvenile's counsel attempted to go behind the plea and claim that the boy was only in constructive possession of the firearm at issue because he acted solely as a lookout. Thus, counsel maintained, the mandatory detention provision of section 790.22(9)(a), did not have to be applied....
...We are of the view that the legislature purposely intended the mandatory minimum detention provision of that section to act as an example of what might lie ahead should one persist in further criminal activity. We reject the juvenile's argument that we should analogize section
790.22(9), with section
775.087(1), Florida Statutes (1999)....
...Here, even though the juvenile acted only as a lookout, he was involved in a crime which involved the use of a weapon. This was sufficient to mandate the minimum fifteen day detention at issue. Accordingly, we reverse the order under review and remand for additional sentencing. NOTES [1] Section 790.22 provides in part: (9) Notwithstanding s....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 1999 WL 44342
...The state objected to the withhold of adjudication. Noting that the probable cause affidavit revealed A.B. had taken the gun to school to kill another student, and that A.B. had two prior offenses which the state had handled nonjudicially, it unsuccessfully argued that section 790.22(9) mandated an adjudication of delinquency. The state argues that the trial court lacked discretion under section 790.22(9), Florida Statutes (1997) [1] to withhold adjudication of delinquency in sentencing A.B....
...n any person is convicted of such crimes as aggravated assault [2] and during the commission of the offense, such person possessed a firearm, "adjudication of guilt or imposition of a sentence shall not be suspended, deferred, or withheld," id., [3] section 790.22 does not contain any express restriction on the court's discretion to withhold adjudication. In any event, we interpret the last sentence of section 790.22 as a direction to the court to credit minors with any time that they served prior to the formal disposition of their charges....
...the court shall order: (a) For a first offense, that the minor serve a mandatory period of detention of 5 days in a secure detention facility and perform 100 hours of community service. * * * * The minor shall receive credit for time served before adjudication. § 790.22(9), Fla....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 1997 WL 734921
...Butterworth, Attorney General and Kristina White, Assistant Attorney General, Tallahassee, for Appellee. PER CURIAM. Appellant contends the trial court erred in ordering him to spend five days in detention and perform 100 hours of community service in accordance with section 790.22(9)(a), Florida Statutes....
...' that the state deems their firearm offenses to be serious enough to warrant the automatic deprivation of their liberty for a period of time, even on a first offense." See id. at 446. AFFIRMED. BOOTH, JOANOS and VAN NORTWICK, JJ., concur. NOTES [1] 790.22(9): Notwithstanding s....
CopyCited 1 times | Published | Supreme Court of Florida | 1998 WL 696947
...Although not directly on point, T.M. v. State,
701 So.2d 1221 (Fla. 1st DCA 1997), provides some insight. There, the minor pleaded guilty to aggravated assault with a firearm and was placed in an intensive community supervision program, in accordance with section
790.22(9)(a), Florida Statutes (1997), with the proviso that if he violated that supervision he would be placed in a level VI residential program. Under section
790.22(9), "if the minor is found to have committed an offense that involves the use or possession of a firearm ......
CopyCited 1 times | Published | Florida 4th District Court of Appeal
...firearm, burglary of a conveyance, and resisting without violence. He
entered a plea to all four counts. At the plea hearing, the State mentioned
that “given that [this] is a firearm case, it was explained at staffing that
this would require 15-day mandatory detention” pursuant to section
790.22(9)(a), Florida Statutes (2017)....
...Sanchez,
133 So. 3d 1038, 1040 (Fla. 4th DCA 2014).
The only issue on appeal is whether the trial court erred in failing to
impose fifteen days in secure detention as part of the disposition of I.J.’s
armed burglary of a conveyance charge, pursuant to section
790.22(9)(a).
Section
790.22(9)(a) states:
(9) Notwithstanding s....
...all serve a minimum
period of detention of 15 days in a secure detention facility; and
1. Perform 100 hours of community service; and may
2. Be placed on community control or in a nonresidential
commitment program.
§ 790.22(9)(a), Fla....
...In the case from the Third District,
R.C.S., a juvenile entered a no contest plea to armed burglary with a
firearm and theft of a firearm. R.C.S.,
837 So. 2d at 517. At the disposition
hearing, the juvenile claimed that he was only the lookout during the
incident, and therefore, the provisions of section
790.22(9)(a) did not apply
to him....
...ely intended the
mandatory minimum detention provision of that section to act
as an example of what might lie ahead should one persist in
further criminal activity. We reject the juvenile’s argument
that we should analogize section
790.22(9), with section
775.087(1), Florida Statutes (1999)....
...handguns from a home, and was charged with two counts of grand theft
3
of a firearm. B.O.,
25 So. 3d at 587. He pled guilty to the two crimes, and
on appeal, challenged the fifteen-day secure detention sentence he
received pursuant to section
790.22(9)(a)....
...or an enhanced
penalty depending on facts in addition to the crime’s raw
elements that were not alleged.
Id. (emphasis added). Therefore, our holding in B.O. was based on due
process concerns, and not on the possession requirements of section
790.22(9)(a).
There are two reasons that the sentence in this case must be reversed:
(1) the statute requires the fifteen-day mandatory secure detention
sentence; and (2) the notice requirements that we found lacking in B.O.
were satisfie...
...and definite meaning, there is no occasion for resorting to the rules of
statutory interpretation and construction; the statute must be given its
plain and obvious meaning.” Id. (quoting Holly v. Auld,
450 So. 2d 217,
4
219 (Fla. 1984)). Section
790.22(9)(a) is unambiguous, and supports the
State’s interpretation. The statute states that the enhancement is required
when a “minor is found to have committed an offense that involves the use
or possession of a firearm[.]” §
790.22(9)(a), Fla....
...and his co-defendant “in the course thereof
HE/THEY were armed or armed HIMSELF/THEMSELVES within such
conveyance with explosives or a dangerous weapon, to-wit: .40 CALIBER
SMITH AND WESSON 6040 HANDGUN . . . .”
As the juvenile did in R.C.S., I.J. here also attempts to analogize section
790.22(9)(a) with the 10-20-Life statute, and cites to cases interpreting
that statute....
...and, as the result of the discharge, death or great
bodily harm was inflicted upon any person[.]” (emphases added)).
Although the legislature chose to make actual possession a requirement
under the 10-20-Life statute, it did not do the same under section
790.22(9)(a).
5
Our interpretation of section 790.22(9)(a) is also consistent with the
intent of juvenile disposition goals. In addressing an Equal Protection
Clause challenge to a previous version of section 790.22(9)(a), the Third
District explained that “the state’s interests in juvenile offenders is vastly
different from its interests in adult offenders.” T.M....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2007 WL 1263501
...Brummer, Public Defender, and Marti Rothenberg, Assistant Public Defender, for appellee. Before FLETCHER and LAGOA, JJ., and SCHWARTZ, Senior Judge. LAGOA, Judge. The State appeals the appellee's sentence, arguing that the trial court erred when, contrary to Section 790.22(9), Florida Statutes (2006), it failed to impose a minimum of fifteen days in a secure detention facility and it credited appellee with time served in detention prior to adjudication....
...At the disposition hearing, the trial court entered a probation order withholding adjudication of delinquency and did not commit the appellee to a residential commitment program for these offenses, but rather credited him with time served. [2] The State objected that the sentence failed to comply with the requirements of section 790.22(9), Florida Statutes (2006). We agree with the State and reverse. Section 790.22(9), Florida Statutes (2006), provides: (9) Notwithstanding s....
...that the minor shall serve a minimum period of detention of 15 days in a secure detention facility; and 1. Perform 100 hours of community service; and may 2. Be placed on community control or in a nonresidential commitment program. (emphasis added). Section 790.22(9) also provides that "[t]he minor shall not receive credit for time served before adjudication" (emphasis added)....
...ffense involving a firearm; and (3) the trial court did not commit appellee to a residential commitment program. Where a minor is found guilty of his first offense involving the possession of a firearm, and is not committed to a residential program, section 790.22(9) mandates that the court "shall order . . . that the minor shall serve a minimum period of detention of fifteen days in a secure detention facility." The language of section 790.22(9) is mandatory....
...offense. Its intent clearly is to have a deterrent effect to hopefully prevent the juvenile's escalation into the criminal justice system. As such, the trial court lacked discretion to fail to impose a fifteen-day minimum detention period. Moreover, section
790.22(9) expressly states that "[t]he minor shall not receive credit for time served before adjudication" (emphasis added). [3] Appellee argues that his sentence was not illegal because he was not "adjudicated" as his adjudication was withheld. While section
790.22 does not contain any express restriction on the court's discretion to withhold adjudication, it does contain an express restriction on the court's discretion to credit a minor with time served before adjudication. In State v. A.B.,
725 So.2d 1263 (Fla. 4th DCA 1999), the Fourth District Court of Appeal concluded that the use of the word "adjudication" in section
790.22(9) meant formal disposition of the charge....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2007 Fla. App. LEXIS 6620
LAGOA, Judge. The State appeals the appellee’s sentence, arguing that the trial court erred when, contrary to Section 790.22(9), Florida Statutes (2006), it failed to impose a minimum of fifteen days in a secure detention facility and it credited appellee with time served in detention prior to adjudication....
...At the disposition hearing, the trial court entered a probation order withholding adjudication of delinquency and did not commit the appellee to a residential commitment program for these offenses, but rather credited him with time served. 2 The State objected that the sentence failed to comply with the requirements of section 790.22(9), Florida Statutes (2006). We agree with the State and reverse. Section 790.22(9), Florida Statutes (2006), provides: (9) Notwithstanding s....
...that the minor shall serve a minimum period of detention of 15 days in a secure detention facility; and 1. Perform 100 hours of community service; and may 2. Be placed on community control or in a nonresidential commitment program. (emphasis added). Section 790.22(9) also provides that “[t]he minor shall not receive credit for time served before adjudication” (emphasis added)....
...ffense involving a firearm; and (3) the trial court did not commit appellee to a residential commitment program. Where a minor is found guilty of his first offense involving the possession of a firearm, and is not committed to a residential program, section 790.22(9) mandates that the court “shall order ... that the minor shall serve a minimum period of detention of fifteen days in a secure detention facility.” The language of section 790.22(9) is mandatory....
...fense. Its intent clearly is to have a deterrent effect to hopefully prevent the juvenile’s escalation into the criminal justice system. As such, the trial court lacked discretion to fail to impose a fifteen-day minimum detention period. Moreover, section
790.22(9) expressly states that “[t]he minor shall not receive credit for time served before adjudication” (emphasis added). 3 Appellee argues that his sentence was not illegal because he was not “adjudicated” as his adjudication was withheld. While section
790.22 does not contain any express restriction on the courfis discretion to withhold adjudication, it does contain an express restriction on the court’s discretion to credit a minor with time served before adjudication. In State v. A.B.,
725 So.2d 1268 (Fla. 4th DCA 1999), the Fourth District Court of Appeal concluded that the use of the word “adjudication” in section
790.22(9) meant formal disposition of the charge....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2005 WL 1761995
...obbery, when the indictment for robbery lists property other than a motor vehicle); M.P.,
682 So.2d at 82 ("Florida legislature clearly stated its intent to punish possession of a firearm by a minor in addition to any other firearm-related offenses. Section
790.22(7) ......
CopyCited 1 times | Published | Florida 2nd District Court of Appeal
PER CURIAM. J.J.J. ’appeals the juvenile court’s disposition order withholding adjudication but finding that sh'e committed the delinquent act of possession of a firearm by a minor. See § 790.22(3), (5), Fla, Stat....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2013 WL 1693961, 2013 Fla. App. LEXIS 6408
NORTHCUTT, Judge. The State alleged that N.H. committed the delinquent acts of carrying a concealed weapon, §
790.01, Fla. Stat. (2011), and *951 possession of a firearm by a minor, §
790.22(3), (5)....
CopyPublished | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 11836, 23 Fla. L. Weekly Fed. D 2160
...Cleveland admitted to the arresting officer that he had the firearm in his right front pocket *189 while being chased. Accordingly, the addition of the 25 points was proper. See Vela, White. AFFIRMED. COBB and GOSHORN, JJ., concur. . §
790.01(2), Fla. Stat. . §
790.22(3), Fla....
CopyPublished | Supreme Court of Florida | 23 Fla. L. Weekly Supp. 524, 1998 Fla. LEXIS 1897
community supervision program, in accordance with section
790.22(9)(a), Florida Statutes (1997), with the proviso
CopyPublished | Supreme Court of Florida | 38 Fla. L. Weekly Supp. 697, 2013 WL 5476883, 2013 Fla. LEXIS 2139
...Stat.); eh.2013-21, § 3, Laws of Fla. (creating §
39.522(3), Fla. Stat.); ch. 2013-107 (amending §
90.702, Fla. Stat.); ch.2013-112, §§ 3, 4, Laws of Fla. (amending §§
985.032,
985.455(1), Fla. Stat.); ch. 2013-162 (amending various statutes); §
790.22(9), Fla....
CopyPublished | Florida 1st District Court of Appeal
...We do, however, hold that count one states a cause of action against appellee Smith and that appellants are entitled to an opportunity to present their proof. By count two of the second amended complaint the plaintiffs sought to impose upon the defendants strict liability under F.S. 790.22....
...that the learned trial judge did not err in its application. Another issue which, though perhaps premature now, will surely arise when and if this case ultimately proceeds to trial relates to the propriety of an instruction to the jury relative to F.S. 790.22. For guidance of the able trial judge, and the attorneys for the respective parties, we express the view that if the evidence adduced at trial be such as to permit the jury to find a violation of F.S. 790.22(1) then as to any claim against any adult defendant responsible for the welfare of Robert Henley, plaintiffs are entitled to an instruction to the jury relating to violation of such statute if there is also evidence from whence the jury cou...
CopyPublished | District Court of Appeal of Florida
in possession of a firearm, a violation of section
790.22(3). We reverse the adjudications because the
CopyPublished | Florida 4th District Court of Appeal | 2001 Fla. App. LEXIS 16655
...him on community control under the Department of Juvenile Justice for the maximum term of fifteen years. The State contends that the trial court erred when it credited ap-pellee with fifteen days for time served in detention. We agree, and reverse. Section 790.22(9), Florida Statutes (2000), provides: Notwithstanding s....
...tment of Juvenile Justice, in addition to any other punishment provided by law, the court shall order: (a) For a first offense, that the minor shall serve a minimum period of detention of 15 days in a secure detention facility;.... (Emphasis added.) Section 790.22(9) also provides: The minor shall not receive credit for time served before adjudication....
CopyPublished | Florida 4th District Court of Appeal | 2009 WL 4061010
...[6] And, as we ourselves have said: "[i]t is axiomatic that a sentence can be molded to fit the crime, but the crime cannot be molded to fit the sentence. " [7] [e.s.] With these background principles in hand we turn to the statute employed by the trial judge in this case. The pertinent provisions of § 790.22(9) state: "Notwithstanding s....
...penalty or an enhanced penalty depending on facts in addition to the crime's raw elements that were not alleged. Plainly under the above authorities, the only penalty that may be imposed is the one allowed by a charge lacking the facts supporting a § 790.22(9) enhancement. It is argued that § 790.22(9) is couched in mandatory terms and that these due process principles do not apply in this juvenile delinquency case. The contention is that § 790.22(9) is "designed to get the immediate attention of all juveniles and to issue a `wake-up call' that the state deems their firearm offenses to be serious enough to warrant the automatic deprivation of their liberty for a period of time, even on a first offense." State v....
...3d DCA 1997)). [10] But the child in J.Z. was charged and found guilty of carrying a concealed weapon and possession of a firearm by a minor. In other wordsunlike the case we face todaythe child was charged with the very predicate fact required by § 790.22(9): in committing his offense he possessed a firearm. Nothing in J.Z. supports a holding that § 790.22(9) may be employed in spite of the absence of notice in the charging document of the facts supporting the enhanced punishment....
...nt of Juvenile Justice and as a result, was given a full 15 days credit toward the minimum mandatory 15 days detention at the time the court finally disposed of the case. Id. This court reversed the 15 days credit, holding that strict application of section 790.22(9) requires an additional and separate minimum mandatory 15 days of secure detention after adjudication....
...Unlike the instant case, S.T. did not involve any type of allegation that the juvenile lacked notice of the 15 day mandatory detention if found to have committed an offense that involves the use or possession of a firearm. The S.T. court reversed because the plain language of 790.22(9) strictly prohibits a minor from receiving credit for time served before adjudication. Id. Although cases cited by the dissent suggest section 790.22(9)'s mandatory sentence serve to deter delinquent acts involving firearms, these cases do not suggest the statute's legislative intent goes so far as to usurp quite basic principles of due process....
...rand theft and burglary of a dwelling. The only time a firearm appeared during the commission of the crime was when it was "[a]mong the items stolen." Id. at 782. The trial court did not commit the defendant to fifteen days detention, as required by section 790.22(9); but rather, it credited the defendant with fifteen days for time served in detention. Id. This court reversed and remanded, requiring the strict application of section 790.22(9) and its mandatory fifteen-day detention period....
...at 783. In this case, the petition alleged two counts of grand theft of a firearm. B.O. did not, nor did the petition say that B.O. did, use or possess a firearm in any other capacity during the commission of the crime. The petition also did not cite section
790.22(9)'s possible application. B.O.'s petition, however, gave him proper notice of section
790.22(9)'s possible application because, as in S.T., the taking of a handgun by a juvenile, alone, gives notification of section
790.22(9)'s mandatory applicationeven if that theft is the only time in which the juvenile had possession of a handgun during the commission of a crime. Such a strict application of section
790.22(9) is well-recognized and in accordance with section
790.22(9)'s legislative purpose of deterring future crimes by juveniles, especially those involving firearms. See State v. J.Z.,
957 So.2d 45, 46-47 (Fla. 3d DCA 2007) (stating that section
790.22(9) is "`designed to get the immediate attention of all juveniles and to issue a "wake-up call" that the state deems their firearm offenses to be serious enough to warrant the automatic deprivation of their liberty for a period of time, even on a first offense'" (quoting T.M. v. State,
689 So.2d 443, 446 (Fla. 3d DCA 1997))); see also State v. R.C.S.,
837 So.2d 517, 518 (Fla. 3d DCA 2003) (stating that "the legislature purposely intended the mandatory minimum detention provision of [section
790.22(9)] to act as an example of what might lie ahead should one persist in further criminal activity"); T.M.,
689 So.2d at 446 (stating that section
790.22(9)'s "intent clearly is to have a deterrent effect to hopefully prevent the juvenile's escalation into the adult criminal justice system"). [11] *592 By disregarding S.T., the majority has in turn disregarded section
790.22(9)'s legislative purpose and accompanying case law. The majority also concludes that the petition for delinquency in this case does not comport with due process because its specific wording cited neither the possible sentencing under section
790.22(2), nor used the express terms of use or possession of a firearm in setting forth the elements of the crime under which B.O....
...is entitled. Id. at 23-24 (emphasis added). Furthermore, the majority's position impermissibly expands on the procedural requirements of a petition for delinquency by seeking to hold the state accountable for not stating in the petition that either section 790.22(9) was applicable or that B.O....
...5th DCA 2007) (holding that "[a] charging document is fundamentally defective only where it totally omits an essential element of the crime or is so vague, indistinct, or indefinite that the defendant is misled or exposed to double jeopardy" (emphasis added)). Nowhere has it been held that a petition must specifically cite section 790.22(9) or include the express terms use or possession of a firearm in order to trigger section 790.22(9)'s application. In fact, section 790.22(9) contains no pleading requirement and its plain meaning requires its application when, simply, "the minor is found to have committed an offense that involves the use or possession of a firearm." Id....
...That is exactly the case here, as B.O. was a minor found guilty of an offense that involved the possession of a firearm, i.e., when B.O. *593 took two firearms into his possession during the commission of a crime. Accordingly, the omission of the possible application of section 790.22(9) and of the words use or possession of a firearm in a petition for theft of a firearm does not, in and of itself, violate the notice requirements of due process or render that petition inadequate. This proposition is bolstered by our decision in S.T., which holds that the theft of a firearm, alone, will sufficiently notify a juvenile offender of section 790.22(9)'s possible application....
CopyPublished | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 12285
...NSON, Judge. M.P. appeals from an adjudication of delinquency. We affirm. M.P. was adjudicated delinquent for carrying a concealed weapon in violation of section
790.01, Florida Statutes (1993), and possession of a firearm by a minor in violation of section
790.22(3), Florida Statutes (Supp....
...137 ,
97 S.Ct. 2207 ,
53 L.Ed.2d 168 (1977) (critical inquiry in double jeopardy analysis is whether Congress intended to *1360 punish each statutory violation separately); State v. Smith,
547 So.2d 613 (Fla.1989) (same). When the Florida legislature enacted section
790.22(3), it specifically articulated its intent to punish possession of a firearm by a minor in addition to other firearm-related offenses by providing that “[t]he provisions of this section are supplemental to all other provisions of law relating to the possession, use, or exhibition of a firearm.” §
790.22(7), Fla.Stat....
...3d DCA 1995); State v. Smith,
547 So.2d at 616 . Although the two offenses share the common element of possession of a firearm, each statute addresses separate societal evils; each contains a unique prohibition. Section
790.01 prohibits concealment of a weapon; section
790.22(3) prohibits possession of a firearm by a minor....
CopyPublished | Florida 2nd District Court of Appeal
...firearm by a minor
in addition to any other firearm-related offenses" by stating that the possession statute
is " 'supplemental to all other provisions of law relating to the possession, use, or
exhibition of a firearm' " (emphasis omitted) (quoting § 790.22(7), Fla....
CopyPublished | Florida 4th District Court of Appeal
...Austin, Assistant
Public Defender, West Palm Beach, for appellee.
CONNER, J.
The State appeals the juvenile dispositions regarding the delinquency
petition charging A.G. with grand theft of a firearm (Count I) and carrying
a concealed firearm (Count II) for failure to impose a fifteen-day detention
period pursuant to section 790.22(9), Florida Statutes (2020)....
...At the
plea hearing, the parties advised that they had agreed on all terms of the
plea except the number of days A.G. was required to serve in secure
detention. The State argued that A.G. was required to serve a minimum
of fifteen days in secure detention pursuant to section 790.22(9). A.G.
countered that his charges and charging document alleged nothing more
than possession of a firearm, and therefore a three-day maximum applied
under another subsection of the same statute, section 790.22(5)....
...The State countered that use or
possession of a firearm was inherent in Count II.
Regarding the appropriate detention period, the trial court and counsel
extensively discussed State v. I.J.,
258 So. 3d 473 (Fla. 4th DCA 2018),
and B.O. v. State,
25 So. 3d 586 (Fla. 4th DCA 2009). After considering
the language of section
790.22 and the caselaw, the trial court concluded
that the language in Count II was insufficient to put A.G. on notice that
the State would be seeking the fifteen-day minimum enhancement under
section
790.22(9)(a).
After accepting A.G.’s no contest plea, the trial court withheld
adjudication of delinquency and placed A.G....
... The sole issue we address is whether the trial court erred by imposing
three days in secure detention for A.G. under Count II, instead of fifteen
days. The State argues that A.G.’s offenses inherently involved the use or
possession of a firearm within the meaning of section 790.22(9)(a), and
therefore the fifteen-day enhancement applied. A.G. counters that, based
on the language of the charging document, Count II does not sufficiently
allege actual use or possession of a firearm to support the imposition of a
fifteen-day detention.
Section 790.22(9)(a) imposes a fifteen-day minimum secure detention
sanction for offenses that involve the use or possession of a firearm
(beyond the offense of mere possession):
Notwithstanding s....
...Department of Juvenile Justice, in addition to any other
punishment provided by law, the court shall order:
(a) For a first offense, that the minor shall serve a minimum
period of detention of 15 days in a secure detention
facility . . . .
§ 790.22(9), Fla. Stat. (2020) (emphasis added). Section 790.22(3)
provides: “A minor under 18 years of age may not possess a firearm, other
than an unloaded firearm at his or her home . . . .” § 790.22(3), Fla. Stat.
(2020).
In contrast, section 790.22(5) provides a three-day maximum secure
detention sentence for mere possession of a firearm:
A minor who violates subsection (3) commits a misdemeanor
of the first degree; for a first offense, may serve a period of
detention of up to 3 days in a secure detention facility . . . .
§ 790.22(5)(a), Fla....
...
258 So. 3d at 475. He entered a
plea to four counts: armed burglary of a conveyance, grand theft of a
3
firearm, burglary of a conveyance, and resisting without violence. Id. The
trial court declined to impose the section
790.22(9) fifteen-day
enhancement because I.J....
...Id.
On appeal, we determined that the fifteen-day enhancement applied for
two reasons. First, because the charging document specified that I.J.’s
accomplices armed themselves with firearms, the armed burglary charge
inherently involved possession or use of a firearm. Id. at 477. Second, the
section 790.22(9)’s plain language does not require actual use or
possession.
Additionally, we considered whether I.J.’s charging document complied
with due process principles....
...and B.O., ruled that
this language did not trigger the fifteen-day enhancement because it did
not “talk about us[ing] or possessing a firearm. It just says carrying.” The
State correctly argues that the trial court’s reasoning was incorrect under
I.J. and section 790.22.
4
The offense charged in Count II is carrying a concealed firearm....
...Stat. (2020). The offense of “carrying” thus necessitates
that the defendant is in possession of the concealed firearm. See Possess,
Black’s Law Dictionary (11th ed. 2019) (“To have in one’s actual control;
to have possession of.”).
Section 790.22(9)(a) unambiguously supports the State’s
interpretation—that Count II need not actually use the words “use” or
“possess” to qualify for the fifteen-year enhancement. The statute states
that the enhancement is required only when a “minor is found to have
committed an offense that involves the use or possession of a firearm . . .
other than a violation of subsection (3).” § 790.22(9)(a), Fla....
...3d DCA
2007), noting that
the child in J.Z. was charged and found guilty of carrying a
concealed weapon and possession of a firearm by a minor. In
other words—unlike the case we face today—the child was
charged with the very predicate fact required by § 790.22(9):
in committing his offense he possessed a firearm.
B.O., 25 So....
...Thus, we considered the same
charge as in Count II here and held that the charging document
sufficiently alleged possession for purposes of applying the fifteen-day
enhancement.
5
Accordingly, the trial court erred when it found that the fifteen-day
enhancement under section 790.22(9) did not apply to Count II....
...disposition hearing. 1
Affirmed in part, reversed in part, and remanded with instructions.
GROSS and FORST, JJ., concur.
* * *
Not final until disposition of timely filed motion for rehearing.
1Section 790.22(9) prohibits awarding A.G. credit for any detention served before
adjudication. See § 790.22(9), Fla....
CopyPublished | Florida 3rd District Court of Appeal
...was found guilty of being a
minor in possession of a firearm. We reverse because the evidence presented by
the State was insufficient to prove D.V. had actual or constructive possession of
the firearm.
The State charged D.V. with being a minor in possession of a firearm, in
violation of section 790.22(3), Florida Statutes (2016), and filed a petition for
delinquency....
CopyPublished | Florida 2nd District Court of Appeal | 2014 Fla. App. LEXIS 7326, 2014 WL 2009019
WALLACE, Judge. K.C., a juvenile, appeals the order adjudicating him to be a delinquent child for the offenses of carrying a concealed firearm, section
790.01(2), Florida Statutes (2012), and being a minor in possession of a firearm, section
790.22(3), (5)(a)....
...offenses independently of his admissions. This argument is without merit; it does not warrant further discussion. Second, K.C. argues that his adjudications of delinquency for the two firearms offenses must be reversed because sections
790.01(2) and
790.22(3) and (5) are facially invalid....
CopyPublished | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 2478
GREEN, Judge. On this appeal, T.M., a juvenile, asserts that section 790.22(9)(a), Florida Statutes (1995) 1 which mandates the imposition of a five day detention period on any juvenile who commits an offense that involves the use or possession of a firearm is violative of the equal protection clause whereas an adult who commits the same offense is not subjected to the same mandatory incarceration period. We do not find section 790.22(9)(a) to be violative of the equal protection clause of the state and federal constitutions and affirm. T.M. was charged by petition of delinquency with carrying a concealed firearm. After conducting an adjudicatory hearing, the trial court held that T.M. had committed the act alleged in the petition. Pursuant to section 790.22(9)(a), the trial court was required to impose a five day detention period on T.M....
...argued that the statute precluded a juvenile from receiving an individualized sentence without an automatic detention period, whereas an adult offender convicted of the same offense could receive an individualized sentence which did not include a mandatory incarceration sentence. T.M. maintained that section 790.22(9)(a) is not based on any rational distinction having a just and reasonable relation to a legitimate state interest and it therefore violated the equal protection clause of both the state and federal constitutions....
...more similarly situated groups in an unequal manner. In the Interest of J.P.,
405 So.2d 497, 498 (Fla. 4th DCA 1981) (citing In re Eric J, 25 Cal.3d 522 , 159 Cal.Rptr. 317 , 601 P.2d 549 (Cal.1979)). We understand T.M.’s basic argument to be that section
790.22(9)(a) is violative of the equal protection clause because it requires juveniles who are found guilty of carrying a concealed firearm to be detained for five days but adults who are found guilty of this same offense are not subject to any mandatory incarceration....
...ive punishment, it is constitutionally permissible to treat juvenile offenders differently- Even assuming arguendo, that juvenile and adult firearm offenders could be deemed similarly situated, we still could not find a constitutional infirmity with section 790.22(9)(a)....
...State,
356 So.2d 269, 271-72 (Fla.1978) (test is whether classification rests on some difference bearing reasonable and just relation to the object of the legislation). In light of the alarming and escalating number of firearms finding their way into the hands of juveniles in the State of Florida, we cannot conclude that section
790.22(9)(a) bears no rational relationship to the state’s legitimate objective in curtailing juvenile violence with the use of firearms....
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Oct 22, 2024
...§
790.23(1)(a); (2) anyone who
is subject to an injunction against committing acts of domestic vi-
olence, id. §
790.233; (3) minors under the age of eighteen, unless
engaged in certain activities or supervised by an adult, id. §
790.22(3); or (4) individuals who have been adjudicated mentally
defective or are committed to a mental institution, id....
CopyPublished | Florida 2nd District Court of Appeal
...This standard does not require the proof to be uncontradicted or overwhelming, but it must at least show the existence of each element of the crime." Id. (footnote omitted) (quoting Tucker v. State ,
64 Fla. 518 ,
59 So. 941 , 941 (1912) ). A.P. was charged with violating section
790.22(3), Florida Statutes (2015), which makes it a crime for a minor to possess a firearm except under certain enumerated circumstances and section
790.23(1)(b), which makes it a crime for "any person to own or to have in his or her care, c...
CopyPublished | Florida 2nd District Court of Appeal
...This standard does
not require the proof to be uncontradicted or overwhelming, but it must at least show the
existence of each element of the crime." Id. (footnote omitted) (quoting Tucker v. State,
59 So. 941, 941 (Fla. 1912)).
A.P. was charged with violating section
790.22(3), Florida Statutes (2015),
which makes it a crime for a minor to possess a firearm except under certain
enumerated circumstances and section
790.23(1)(b), which makes it a crime for "any
person to own or to have in his or her care...
CopyPublished | Florida 2nd District Court of Appeal | 2007 Fla. App. LEXIS 10069, 2007 WL 1857440
KELLY, Judge. The State appeals from the trial court’s disposition order that places C.R. on probation. The State argues that the trial court erred in failing to impose fifteen days of detention as required by section 790.22(9), Florida Statutes (2005)....
...2d DCA 1998); State v. R.C.S.,
837 So.2d 517 (Fla. 3d DCA 2003). We likewise have no choice but to follow the statute. Accordingly, we reverse the disposition order and remand with directions that the trial court impose the term of detention required by section
790.22(9) in addition to any other punishment already imposed. Reversed and remanded. FULMER, C.J., and ALTENBERND, J., Concur. . Section
790.22(9) states in pertinent part: (9) Notwithstanding s....
CopyPublished | Florida 2nd District Court of Appeal | 1998 WL 336529
...was found guilty of improper exhibition of a firearm, the trial court sentenced him to, among other things, a suspended five day term in a juvenile detention center. The State appeals the suspension of the five day detention period, contending that section 790.22(9)(a), Florida Statutes (1997) mandates the detention period. We agree with the State's assertion and hold that the trial court had no authority to suspend this period of detention. Section 790.22(9)(a) provides that when a minor commits a firearms possession offense but is not committed to a residential commitment program of the Department of Health and Rehabilitative Services, "the court shall order ......
CopyPublished | Florida 4th District Court of Appeal
the disposition under section
790.22, Florida Statutes (2017). Id. Section
790.22, which applies to minors
CopyPublished | District Court of Appeal of Florida
...n of a class of persons from a harm which they are not capable of recognizing, and the purpose would be defeated if negligence of a member of the class were permitted to bar him from recovery. In Williams v. Youngblood, supra, we were concerned with Section 790.22, Florida Statutes, F.S.A., which makes it a misdemeanor for an adult responsible for the welfare of any child under the age of 16 years to permit the child to have in its possession without supervision a BB gun, air rifle, or 22-calibr...
...of law as to whether the injured party seeking relief is a member of the class which the statute is designed to protect. If so, vicarious liability is visited upon the person infracting the statute, otherwise it does not exist. Applying that test to Section 790.22, Florida Statutes, F.S.A., we do not think it yields to a construction as having been designed to protect members of a class....
CopyPublished | Florida 4th District Court of Appeal | 1993 Fla. App. LEXIS 7027, 1993 WL 243133
CONFESSION OF ERROR BASKIN, Judge. J.J., a juvenile, appeals an adjudication of delinquency for the unsupervised use of a weapon by a minor, pursuant to section 790.22, Florida Statutes (1991)....
...filed a motion to dismiss this charge, arguing that the statute creates a criminal offense only for adults who negligently supervise a juvenile using weapons. The trial court denied the motion. The state’s confession of error correctly asserts that the adjudication of delinquency for violation of section 790.22(1) may not stand. Section 790.22 provides: (1) The use for any purpose whatsoever of BB guns, air or gas-operated guns, electric weapons or devices, or firearms as defined in s....
...(Emphasis supplied.) The only case construing this statute in the context of a delinquency proceeding is In the Interest of W.O.C.,
318 So.2d 148 (Fla. 4th DCA1975). The trial court relied on the authority of W. O. C. to adjudicate J.J. delinquent. The W. O. C. court held that section
790.22(1) “creates a criminal offense, subjecting juvenile offenders to arrest and prosecution,” W.O.C.,
318 So.2d at 148 , citing section
775.08, Florida Statutes (1973), 2 presumably for the proposition that in the absence of a classification for the offense in section
790.22(1), the offense was a misdemeanor....
...and erred in denying J.J.’s motion to dismiss this charge: First, section
775.08, pursuant to a 1974 amendment, Ch. 74-383, § 4, Laws of Florida, may no longer be relied upon to construe section 790.-22(1) as a misdemeanor. Second, section
775.08, Florida Statutes (1973), is inapplicable to an analysis of section
790.22 because subsection
790.22(2) specifically designates that an adult found to be in violation of that statute is guilty of a second degree misdemeanor. Finally, a clear and unambiguous statute must be given its plain and obvious meaning. Holly v. Auld,
450 So.2d 217 (Fla.1984). The plain language of section
790.22 indicates that an adult, not the minor who engages in the proscribed activity, is guilty of a misdemeanor. Legislative intent should be determined by examining the statute as a whole. See State v. Rodriguez,
365 So.2d 157 (Fla.1978). This statute, read as a whole, does not demonstrate any legislative intent to subject juveniles to criminal sanctions. Section
790.22(1) pro *1141 hibits the use of weapons by minors, but does not create a criminal offense subjecting a minor to an adjudication of delinquency. W.O.C.,
318 So.2d at 148 (Mager, J., dissenting). For the foregoing reasons, the adjudication of delinquency for violation of section
790.22(1) is hereby reversed....
CopyPublished | Florida 4th District Court of Appeal | 1998 WL 429971
...Our interpretation of the use of the term "commitment" in Chapter 985 is similar to that reached by the first district in construing a similar statute. In T.M. v. State,
701 So.2d 1221 (Fla. 1st DCA 1997), the issue was whether a juvenile had been "committed to a residential commitment program" within the meaning of section
790.22(9), Florida Statutes (1997), where there has been no such commitment, a court is required to impose a sentence of five days in secure detention and 100 hours of community service, provided that the minor is found to have committed an o...
CopyPublished | Florida 4th District Court of Appeal | 2013 WL 3811672, 2013 Fla. App. LEXIS 11592
...As we conclude that the state relied solely on the presumption of possession of recently stolen property to establish the crime, and the property was not recently stolen, we reverse his adjudication for grand theft. We affirm his adjudication for carrying a concealed firearm, rejecting his claim that section 790.22(3), Florida Statutes (2011), restricting the right of minors to carry firearms, is unconstitutional....
...What constitutes “recently stolen” sufficient to apply the legislative presumption must be construed with that transferability in mind. We reverse the adjudication for grand theft and direct the court to dismiss that charge. II. Constitutionality of Section 790.22(3), Florida Statutes L.S. argues that he was improperly convicted of a violation of section 790.22(3), for possession of a firearm by a minor, because that statutory provision is unconstitutional as a violation of the Second Amendment....
...of scrutiny. Id. at 2817-18. L.S. argues that the Second Amendment right is now a fundamental right that cannot be violated by state legislatures, including those statutes restricting possession of firearms by a juvenile. Florida has such a statute. Section 790.22(3) provides that “A minor under 18 years of age may not possess a firearm, other than an unloaded firearm at his or her home, unless: ......
...Amendment.
583 F.3d at 16 . We agree with those cases which uphold statutes limiting a minor’s possession of a firearm. There is a strong presumption in favor of the constitutionality of statutes. State v. Kinner,
398 So.2d 1360, 1363 (Fla.1981). Section
790.22(3) places appropriate restrictions on a juvenile’s possession of firearms....
CopyPublished | Florida 3rd District Court of Appeal | 2006 Fla. App. LEXIS 11957
...The order on appeal was entered in writing on September 8, 2005. On September 22, 2005, D.T.C. filed a notice of appeal of that order. The next day, September 23, 2005, the State filed a motion to modify plea, arguing D.T.C. should have received 100 hours of community service instead of seventy five. See § 790.22(5)(a), Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2006 WL 1999446
...The order on appeal was entered in writing on September 8, 2005. On September 22, 2005, D.T.C. filed a notice of appeal of that order. The next day, September 23, 2005, the State filed a motion to modify plea, arguing D.T.C. should have received 100 hours of community service instead of seventy five. See § 790.22(5)(a), Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2003 Fla. App. LEXIS 964
...on probation, and ordering, among other things, that the juvenile complete 100 hours of community service. The State maintains that the trial court erred in failing to sentence the juvenile to a minimum period of fifteen days in a secured detention facility, as required by section 790.22(9)(a), Florida Statutes (2001)....
...At the disposition hearing which followed, the juvenile’s counsel attempted to go behind the plea and claim that the boy was only in constructive possession of the firearm at issue because he acted solely as a lookout. Thus, counsel maintained, the mandatory detention provision of section 790.22(9)(a), did not have to be applied....
...We are of the view that the legislature purposely intended the mandatory minimum detention provision of that section to act as an example of what might lie ahead should one persist in further criminal activity. We reject the juvenile’s argument that we should analogize section
790.22(9), with section
775.087(1), Florida Statutes (1999)....
...Here, even though the juvenile acted only as a lookout, he was involved in a crime which involved the use of a weapon. This was sufficient to mandate the minimum fifteen day detention at issue. Accordingly, we reverse the order under review and remand for additional sentencing. . Section 790.22 provides in part: (9) Notwithstanding s....
CopyPublished | District Court of Appeal of Florida | 1999 Fla. App. LEXIS 830
...The state objected,to the withhold of adjudication. Noting that the probable cause affidavit revealed A.B. had taken the gun to school to kill another student, and that A.B. had two prior offenses which the state had handled nonjudicially, it unsuccessfully argued that section 790.22(9) mandated an adjudication of delinquency. The state argues that the trial court lacked discretion under section 790.22(9), Florida Statutes (1997) 1 to withhold adjudication of delinquency in sentencing A.B....
...en any person is convicted of such crimes as aggravated assault 2 and during the commission of the offense, such person possessed a firearm, “adjudication of guilt or imposition of a sentence shall not be suspended, deferred, or withheld,” id, 3 section 790.22 does not contain any express restriction on the court’s discretion to withhold adjudication. In any event, we interpret the last sentence of section 790.22 as a direction to the court to credit minors with any time that they served prior to the formal disposition of their charges....
...the court shall order: (a) For a first offense, that the minor serve a mandatory period of detention of 5 days in a secure detention facility and perform 100 hours of community service. [[Image here]] The minor shall receive credit for time served before adjudication. § 790.22(9), Fla....
CopyPublished | Supreme Court of Florida
...the child’s 21st
birthday or the maximum term of imprisonment an adult may
serve for each count listed above, whichever comes first, because
..... the child is before the court for a violation of section
790.22(3), Florida Statutes;
........
...hours are to be performed by the child at the
rate of ..... hours per month. Written proof is to be provided to the
juvenile probation officer.
..... Community service for a delinquent act involving the use or possession
of a firearm, under section 790.22, Florida Statute, or an offense during
the commission of which the child possessed a firearm, and the child is
- 15 -
not committed to a residential commitment program of the Department
of Juvenile Justice....
...The child’s driver license .....is suspended/is revoked/is
withheld/limitation is extended.....:
..... for .....(months/years)......
..... for a delinquent act involving the use or possession of a firearm,
under section 790.22, Florida Statutes.
........
...First offense, .....(up to one year)......
..... Second or subsequent offense, .....(up to two years)......
..... for a delinquent act involving the use or possession of a firearm
other than a violation of section 790.22, Florida Statutes, …..(up to
one year)…...
........
...(up
to six months)…...
..... First offense, .....(up to six months)......
..... Second or subsequent offense, .....(up to two years)......
SECURE DETENTION FOR FIREARM CHARGES
..... Having found the child committed a violation of section 790.22(3),
Florida Statutes, under section 790.22(5), Florida Statutes, the child is
ordered to serve:
........
...service or paid work as determined by the Department.
- 17 -
..... The court finds that the delinquent act in count .......... involves the use
or possession of a firearm other than a violation of section 790.22(3),
Florida Statutes, and the child is not committed by this order to a
residential commitment program of the Department of Juvenile Justice.
Therefore, under section 790.22(9)985.433(8), Florida Statutes, the child
is ordered to serve:
30 days in secure detention with .............
CopyPublished | Supreme Court of Florida
...hours are to be performed by the child at the rate of ..... hours
per month. Written proof is to be provided to the juvenile probation officer.
..... Community service for a delinquent act involving the use or possession of a firearm,
under section 790.22, Florida Statute, or an offense during the commission of which the
child possessed a firearm, and the child is not committed to a residential commitment
program of the Department of Juvenile Justice....
........ The child’s driver license .....is suspended/is revoked/is withheld/limitation is
extended.....:
..... for .....(months/years)......
..... for a delinquent act involving the use or possession of a firearm, under section
790.22, Florida Statute.
........
...The child is to serve ... 15/21 ... days in the Juvenile Detention Center, and shall
not receive credit for time served prior to adjudication.
SECURE DETENTION FOR FIREARM CHARGES
..... Having found the child committed a violation of section 790.22(3), Florida Statutes,
under section 790.22(5), Florida Statutes, the child is ordered to serve:
........
...days (0 to 3), in the Juvenile Detention Center.
..... for a second violation, .......... days (0 to 15), in the Juvenile Detention Center.
..... The court finds that the delinquent act in count .......... involves the use or possession of a
firearm other than a violation of section 790.22(3), Florida Statutes, and the child is not
committed by this order to a residential commitment program of the Department of
Juvenile Justice. Therefore, under section 790.22(9), Florida Statutes, the child is ordered
to serve:
- 36 -
........
CopyPublished | Supreme Court of Florida | 23 Fla. L. Weekly Supp. 626, 1998 Fla. LEXIS 2422
...Additionally, Florida provides that individuals are permitted to carry concealed weapons with a proper license. See §
790.06, Fla. Stat. (1997). There are even certain situations (not involved here) where juveniles are permitted to possess firearms. See §
790.22, Fla....
CopyPublished | Florida 1st District Court of Appeal | 1980 Fla. App. LEXIS 18242
...ar-old child immediately after observing the child point the gun at another [notwithstanding that the defendant may not have been responsible for the welfare of the child and thus not vicariously responsible for the child’s misuse of the gun under Section 790.22, Florida Statutes (1979)] was a negligent act committed by the defendant, rendering him directly responsible for the foreseeable harm to the minor plaintiff, Esqui-jarosa, who was shot and injured when the seven-year-old fired the gun cocked by the defendant....
CopyPublished | Florida 2nd District Court of Appeal | 2013 WL 6510901, 2013 Fla. App. LEXIS 19799
NORTHCUTT, Judge. The State petitioned to have K.D.T. declared delinquent for being a minor in possession of a firearm, § 790.22(3), (5)(a) Fla....
CopyPublished | Florida 3rd District Court of Appeal | 1997 Fla. App. LEXIS 13341
PER CURIAM. Appellant contends the trial court erred in ordering him to spend five days in detention and perform 100 hours of community service in accordance with section 790.22(9)(a), Florida Statutes....
...ll’ that the state deems' their firearm offenses to be serious enough to warrant the automatic deprivation of their liberty for a period of time, even on a first offense.” See id. at 446 . AFFIRMED. BOOTH, JOANOS and VAN NORTWICK, JJ., concur. . 790.22(9): Notwithstanding s....
CopyPublished | Florida 4th District Court of Appeal | 2000 Fla. App. LEXIS 9645, 2000 WL 1060505
...After appel-lee pled guilty to the other charges, the court failed to sentence him to five days of secured detention and also failed to revoke or suspend his driver’s license, both of which are mandatory. The state appeals the dismissal and the illegal sentence. We reverse. Section 790.22(9)(a), Florida Statutes (1997), requires a minor who has committed an offense involving the use or possession of a firearm to “serve a mandatory period of detention of five days in a secure detention facility.” In addition, section 790.22(10)(a)l, Florida Statutes (1997), provides that if a minor violates section 790.22(9), the court “shall” direct the revocation or the withholding of issuance of the minor’s driver’s license or driving privileges for a period of up to one year....
CopyPublished | District Court of Appeal of Florida | 1975 Fla. App. LEXIS 13777
PER CURIAM. There is sufficient evidence to support the trial court’s finding that appellant used the BB gun in the presence of the arresting officer. Further, we hold that the prohibition in Fla.Stat. § 790.22(1), (1973) creates a criminal offense, subjecting juvenile offenders to arrest and prosecution under Fla.Stat....
CopyPublished | Florida 4th District Court of Appeal | 2012 WL 3101677, 2012 Fla. App. LEXIS 12527
PER CURIAM. V.F., a juvenile, appeals the trial court’s imposition of a mandatory fifteen days in a secure detention facility pursuant to section
790.22(9), Florida Statutes (2011). In B. O. v. State,
25 So.3d 586 (Fla. 4th DCA 2009), we held that it was error to impose the section
790.22(9) sentencing enhancement based on a guilty plea to grand theft of a firearm where the juvenile petition neither cited the statute nor alleged that, in committing the theft, the child used or possessed a firearm....
CopyPublished | Florida 5th District Court of Appeal | 1996 Fla. App. LEXIS 3363, 1996 WL 154466
...State,
631 So.2d 379 (Fla. 5th DCA 1994), the lien must be stricken without prejudice to its reimposition, after compliance with the rule. AFFIRMED in part; Lien STRICKEN; REMANDED. COBB and ANTOON, JJ., concur. . §
812.13(2)(a), Fla.Stat. (1995). . §
790.22, Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 3693
PER CURIAM. Appellant seeks review of an order adjudicating him a delinquent child based upon findings that he had violated section
790.22(3), Florida Statutes (Supp.1994) (unlawful possession of a firearm by a minor); section
790.01(2), Florida Statutes (1993) (carrying a concealed firearm); and section
790.23(l)(a), Florida Statutes (Supp.1994) (possession of a firearm...
...viously found to have committed a delinquent act that would be a felony if committed by an adult), we remand with directions that the trial court enter an amended order of adjudication and disposition that makes no reference to a violation of either section
790.22(3) (unlawful possession of a firearm by a minor) or section
790.01(2) (carrying a concealed firearm)....
