Arrestable Offenses / Crimes under Fla. Stat. 790.233
S790.233 - POSSESSION OF WEAPON - OR AMMO VIOL FINAL INJ DV STALK CYBERSTALK - M: F
S790.233 - POSSESSION OF WEAPON - POSS FIREARM W FORCE FINAL DOMES VIOL INJUNCT - M: F
CopyCited 15 times | Published | Court of Appeals for the Eleventh Circuit | 2016 WL 5746264
...The
full text of the pertinent provision reads as follows:
3. Firearms. Unless paragraph a. is initialed below [and it was not],
Respondent shall not have in his or her care, custody, possession or control
any firearm or ammunition. It is a violation of section 790.233, Florida
Statutes, and a first degree misdemeanor, for the respondent to have in his or
her care, custody, possession or control any firearm or ammunition.
[Boldface in original, alteration supplied.]
10
See N.D....
...29
After Harrison placed Fish under arrest, implicitly for violation of the state
statute recited in the domestic violence injunction,30 Fish leaned against the kitchen
29
N.D. Fla. doc. no. 41-1 (Fish Deposition), at ECF 66.
30
See supra note 10 (“It is a violation of section 790.233, Florida Statutes, and a first
degree misdemeanor, for the respondent to have in his or her care, custody, possession or
control any firearm or ammunition.”) (boldface in original)....
...y would — have
believed that probable cause was present.” Crosby,
394 F.3d at 1332 (emphasis
supplied).
Fish was arrested for the offenses of possessing firearms and ammunition in
violation of a domestic violence injunction (Fla. Stat. §
790.233(1)), and resisting
an officer without violence to his or her person (Fla....
...The first
statute states that “[a] person may not have in his or her care, custody, possession,
or control any firearm or ammunition if the person has been issued a final
injunction that is currently in force and effect, restraining that person from
committing acts of domestic violence.” Fla. Stat. § 790.233(1) (alteration
supplied)....
CopyCited 4 times | Published | Supreme Court of Florida | 26 Fla. L. Weekly Supp. 13, 2000 Fla. LEXIS 2272, 2000 WL 1352932
...Other directives relating to firearms and ammunition: _ NOTE: RESPONDENT IS ADVISED THAT, IF A PERMANENT INJUNCTION FOR PROTECTION AGAINST DOMESTIC VIOLENCE IS ISSUED FOLLOWING A HEARING REGARDING THIS MATTER, IN MOST CASES IT WILL BE A VIOLATION OF § 790.233, FLORIDA STATUTES, AND A FIRST DEGREE MISDEMEANOR, FOR RESPONDENT TO HAVE IN HIS OR HER CARE, CUSTODY, POSSESSION OR CONTROL ANY FIREARM OR AMMUNITION....
...Other directives relating to firearms and ammunition: _ NOTE: RESPONDENT IS ADVISED THAT, IF A PERMANENT INJUNCTION FOR PROTECTION AGAINST DOMESTIC VIOLENCE IS ISSUED FOLLOWING A HEARING REGARDING THIS MATTER, IN MOST CASES IT WILL BE A VIOLATION OF § 790.233, FLORIDA STATUTES, AND A FIRST DEGREE MISDEMEANOR, FOR RESPONDENT TO HAVE IN HIS OR HER CARE, CUSTODY, POSSESSION OR CONTROL ANY FIREARM OR AMMUNITION....
...ner’s automobile at any time. b. Other provisions regarding contact: _ 3.Firearms. Unless paragraph a. is initialed below, Respondent shall not have in his or her care, custody, possession or control any firearm or ammunition. It is a violation of section 790.233, Florida Statutes, and a first degree misdemeanor, for the respondent to have in his or her care, custody, possession or control any firearm or ammunition....
...ner’s automobile at any time. b. Other provisions regarding contact: _ 3.Firearms. Unless paragraph a. is initialed below, Respondent shall not have in his or her care, custody, possession or control any firearm or ammunition. It is a violation of section 790.233, Florida Statutes, and a first degree misdemeanor, for the respondent to have in his or her care, custody, possession or control any firearm or ammunition....
...Other directives relating to firearms and ammunition: _ NOTE: RESPONDENT IS ADVISED THAT, IF A PERMANENT INJUNCTION FOR PROTECTION AGAINST DOMESTIC VIOLENCE IS ISSUED FOLLOWING A HEARING REGARDING THIS MATTER, IN MOST CASES IT WILL BE A VIOLATION OF § 790.233, FLORIDA STATUTES, AND A FIRST DEGREE MISDEMEANOR, FOR RESPONDENT TO HAVE IN HIS OR HER CARE, CUSTODY, POSSESSION OR CONTROL ANY FIREARM OR AMMUNITION....
...Other directives relating to firearms and ammunition: _ NOTE: RESPONDENT IS ADVISED THAT, IF A PERMANENT INJUNCTION FOR PROTECTION AGAINST DOMESTIC VIOLENCE IS ISSUED FOLLOWING A HEARING REGARDING THIS MATTER, IN MOST CASES IT WILL BE A VIOLATION OF § 790.233, FLORIDA STATUTES, AND A FIRST DEGREE MISDEMEANOR, FOR RESPONDENT TO HAVE IN HIS OR HER CARE, CUSTODY, POSSESSION OR CONTROL ANY FIREARM OR AMMUNITION....
...s automobile at any time. _ b. Other provisions regarding contact: -:- 3. Firearms. Unless paragraph a. is initialed below, Respondent shall not have in his or her care, custody, possession or control any firearm or ammunition. It is a violation of section 790.233, Florida Statutes, and a first degree misdemeanor, for the respondent to have in his or her care, custody, possession or control any firearm or ammunition....
...r’s automobile at any time. _ b. Other provisions regarding contact: _ 3.Firearms. Unless paragraph a. is initialed below, Respondent shall not have in his or her care, custody, possession or control any firearm or ammunition. It is a violation of section 790.233, Florida Statutes, and a first degree misdemeanor, for the respondent to have in his or her care, custody, possession or control any firearm or ammunition....
CopyCited 3 times | Published | Supreme Court of Florida
..._______________________________________________________ NOTE: RESPONDENT IS ADVISED THAT, IF A PERMANENT INJUNCTION FOR PROTECTION AGAINST DOMESTIC VIOLENCE IS ISSUED FOLLOWING A HEARING REGARDING THIS MATTER, IN MOST CASES IT WILL BE A VIOLATION OF SECTION 790.233, FLORIDA STATUTES, AND A FIRST DEGREE MISDEMEANOR, FOR RESPONDENT TO HAVE IN HIS OR HER CARE, CUSTODY, POSSESSION OR CONTROL ANY FIREARM OR AMMUNITION....
..._______________________________________________________________________ 3. Firearms. Unless paragraph a. is initialed below, Respondent shall not have in his or her care, custody, possession or control any firearm or ammunition. It is a violation of section 790.233, Florida Statutes, and a first degree misdemeanor, for the respondent to have in his or her care, custody, possession or control any firearm or ammunition....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2017 WL 2562423, 2017 Fla. App. LEXIS 8665
...unction. “We remand for a full evidentiary hearing to determine whether a new permanent injunction would be appropriate.” Ceelen,
210 So.3d at 129 . We remind trial judges that injunctions for protection can have serious consequences. See, e.g., §
790.233, Fla....
CopyPublished | Supreme Court of Florida | 2002 WL 31190948
MATTER, IN MOST CASES IT WILL BE A VIOLATION OF §
790.233, FLORIDA STATUTES, AND A FIRST DEGREE MISDEMEANOR
CopyPublished | Supreme Court of Florida
...This instruction was adopted in 1994 and amended in 2014.
10.20 [CARE] [CUSTODY] [POSSESSION] [CONTROL] OF [A FIREARM]
[AMMUNITION] WHILE A FINAL INJUNCTION FOR [DOMESTIC
VIOLENCE] [STALKING] [CYBERSTALKING] IS IN EFFECT
§ 790.233(1), Fla....
...-9-
Lesser Included Offenses
[CARE] [CUSTODY] [POSSESSION] [CONTROL] OF [A FIREARM]
[AMMUNITION] WHILE A FINAL INJUNCTION FOR [DOMESTIC
VIOLENCE] [STALKING] [CYBERSTALKING] IS IN EFFECT
790.233(1)
CATEGORY ONE CATEGORY TWO FLA....
CopyPublished | Supreme Court of Florida | 2013 Fla. LEXIS 1939, 2013 WL 1908394
...hrough a third party is specifically allowed by this injunction; defacing or destroying Petitioner's personal property, including Petitioner's motor vehicle; or having care, custody, use, or possession of a firearm or ammunition unless authorized by section
790.233(3), Florida Statutes, constitutes a misdemeanor of tile first degree punishable as provided by Sections
775.082 and
775.083, Florida Statutes....
...ng petitioner's motor vehicle; h. Other provisions regarding contact:_ 3. Firearms. Unless paragraph a. is initialed below, Respondent shall not have in his or her care, custody, possession, or control any firearm or ammunition. It is a violation of section 790.233, Florida Statutes, and a first degree misdemeanor, for Respondent to have in his or her care, custody, possession, or control any firearm or ammunition....
CopyPublished | Supreme Court of Florida | 40 Fla. L. Weekly Supp. 163, 2015 Fla. LEXIS 583, 2015 WL 1343088
..._____________________________________________ .
NOTE: RESPONDENT IS ADVISED THAT, IF A PERMANENT INJUNCTION FOR PROTECTION AGAINST
DOMESTIC VIOLENCE IS ISSUED FOLLOWING A HEARING REGARDING THIS MATTER, IN MOST CASES IT
WILL BE A VIOLATION OF SECTION 790.233, FLORIDA STATUTES, AND A FIRST DEGREE MISDEMEANOR,
FOR RESPONDENT TO HAVE IN HIS OR HER CARE, CUSTODY, POSSESSION OR CONTROL ANY FIREARM
OR AMMUNITION....
....
NOTE: RESPONDENT IS ADVISED THAT, IF A PERMANENT INJUNCTION FOR PROTECTION AGAINST
DOMESTIC VIOLENCE IS ISSUED FOLLOWING A HEARING REGARDING THIS MATTER, IN MOST CASES IT
WILL BE A VIOLATION OF SECTION 790.233, FLORIDA STATUTES, AND A FIRST DEGREE
MISDEMEANOR, FOR RESPONDENT TO HAVE IN HIS OR HER CARE, CUSTODY, POSSESSION OR
CONTROL ANY FIREARM OR AMMUNITION....
....
3. Firearms. Unless paragraph a. is initialed below, Respondent shall not have in his or her care,
custody, possession or control any firearm or ammunition. It is a violation of section 790.233,
Florida Statutes, and a first degree misdemeanor, for the respondent to have in his or her
care, custody, possession or control any firearm or ammunition.
[Initial if applies; write N/A if not applicable]
a.____...
...Other provisions regarding contact: _______________________________________________
3. Firearms. Unless paragraph a. is initialed below, Respondent shall not have in his or her care,
custody, possession or control any firearm or ammunition. It is a violation of Section 790.233, Florida
Statutes, and a first degree misdemeanor, for the Respondent to have in his or her care, custody,
possession or control any firearm or ammunition.
{Initial if applies; write N/A if not applicable}
a....
...hrough a third
party is specifically allowed by this injunction; defacing or destroying Petitioner’s personal property,
including Petitioner’s motor vehicle; having care, custody, use or possession of a firearm or
ammunition unless authorized by section
790.233(3), Florida Statutes, constitutes a misdemeanor of
the first degree punishable as provided by Sections
775.082 and
775.083, Florida Statutes.
Any party violating this injunction shall be subject to civil or indirect criminal contempt...
...Other provisions regarding contact: _________________
.
3. Firearms.
Unless paragraph a. is initialed below, Respondent shall not have in his or her care, custody,
possession, or control any firearm or ammunition. It is a violation of section 790.233, Florida Statutes,
and a first degree misdemeanor, for Respondent to have in his or her care, custody, possession or
control any firearm or ammunition.
{Initial all that apply; write N/A if not applicable}
a....
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Oct 22, 2024
...For instance, a firearm generally may not be pos-
sessed or used under Florida law by (1) any individual who has ever
been convicted of a felony, Fla. Stat. §
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....
CopyPublished | Supreme Court of Florida | 23 Fla. L. Weekly Supp. 367, 1998 Fla. LEXIS 1238, 1998 WL 334343
...During this interim period, pursuant to chapter 98-284, section 2, Laws of Florida, the following language should be written or typed on the face of the Final Judgment of Injunction for Protection Against Domestic Violence form 4 currently being used: Under section 790.233, Florida Statutes, it is a first degree misdemeanor for the respondent to have in his or her care, custody, possession, or control any firearm or ammunition....
...Other directives relating to firearms and ammunition: _ NOTE: RESPONDENT IS ADVISED THAT, IF A PERMANENT INJUNCTION FOR PROTECTION AGAINST DOMESTIC VIOLENCE IS ISSUED FOLLOWING A HEARING REGARDING THIS MATTER, IN MOST CASES IT WILL BE A VIOLATION OF § 790.233, FLORIDA STATUTES, AND A FIRST DEGREE MISDEMEANOR, FOR RESPONDENT TO HAVE IN HIS OR HER CARE, CUSTODY, POSSESSION OR CONTROL ANY FIREARM OR AMMUNITION....
...Accordingly, the following restrictions shall apply: - *922 [[Image here]] 3. Firearms. Unless paragraph a. is initialed below, Respondent shall not have in his or her care, custody, possession or control any firearm or ammunition. It is a violation of section 790.233, Florida Statutes, and a first degree misdemeanor, for the respondent to have in his or her care, custody, possession or control any firearm or ammunition....
CopyPublished | Supreme Court of Florida
...__________________________.
NOTE: RESPONDENT IS ADVISED THAT, IF A PERMANENT INJUNCTION FOR PROTECTION
AGAINST DOMESTIC VIOLENCE IS ISSUED FOLLOWING A HEARING REGARDING THIS MATTER,
IN MOST CASES IT WILL BE A VIOLATION OF SECTION 790.233, FLORIDA STATUTES, AND A FIRST
DEGREE MISDEMEANOR, FOR RESPONDENT TO HAVE IN HIS OR HER CARE, CUSTODY,
POSSESSION OR CONTROL ANY FIREARM OR AMMUNITION....
....
NOTE: RESPONDENT IS ADVISED THAT, IF A PERMANENT INJUNCTION FOR PROTECTION
AGAINST DOMESTIC VIOLENCE IS ISSUED FOLLOWING A HEARING REGARDING THIS MATTER,
IN MOST CASES IT WILL BE A VIOLATION OF SECTION 790.233, FLORIDA STATUTES, AND A FIRST
DEGREE MISDEMEANOR, FOR RESPONDENT TO HAVE IN HIS OR HER CARE, CUSTODY,
POSSESSION OR CONTROL ANY FIREARM OR AMMUNITION....
...Other provisions regarding contact:
____________________________________________________
3. Firearms. Unless paragraph a. is initialed below, Respondent shall not have in his or her care,
custody, possession or control any firearm or ammunition. It is a violation of section 790.233,
Florida Statutes, and a first-degree misdemeanor, for the Respondent to have in his or her care,
custody, possession or control any firearm or ammunition.
[Initial if applies; write N/A if not applicable]
a....
....
3. Firearms. Unless paragraph a. is initialed below, Respondent shall not have in his or her care,
custody, possession or control any firearm or ammunition. It is a violation of Section 790.233,
Florida Statutes, and a first-degree misdemeanor, for the Respondent to have in his or her care,
custody, possession or control any firearm or ammunition.
{Initial if applies; write N/A if not applicable}
a....
CopyPublished | Florida 4th District Court of Appeal | 2015 Fla. App. LEXIS 9258, 2015 WL 3760643
...entry of the injunction. See Abravaya v. Gonzalez,
734 So. 2d 577 (Fla.
3d DCA 1999); §
741.30(6)(a), Fla. Stat. (2013).
However, in issuing the injunction, the court required Mr. Martinez to
surrender all of his ammunition and firearms in accordance with section
790.233(1) of the Florida Statutes which provides, in pertinent part, that
“[a] person may not have in his or her care, custody, possession, or control
any firearm or ammunition if the person has been issued a final injunction
that is currently in force and effect, restraining that person from
committing acts of domestic violence . . . .” §
790.233(1), Fla. Stat. (2013).
This was erroneous as Mr. Martinez is a law enforcement officer and
section
790.233(1) “does not apply to a state or local officer as defined in
s.
943.10(14),1 holding an active certification, who receives or possesses a
firearm or ammunition for use in performing official duties on behalf of the
officer’s employing agency, unless otherwise prohibited by the employing
agency.” §
790.233(3), Fla....
...but reverse and remand with instructions that the trial court remove the
provision of the injunction requiring Mr. Martinez to surrender all of his
ammunition and firearms based on his status as a law enforcement officer.
We note that the exemption found in section 790.233(3) only applies to
“firearm[s] or ammunition for use in performing official duties on behalf of
the officer’s employing agency,” and therefore our instructions are without
prejudice for the trial court to provide limitations on any personal firearms
or ammunition in Mr....
CopyPublished | Supreme Court of Florida
...Chapter 784 further allows law
enforcement officers to use their arrest powers to enforce injunctions for protection
against repeat violence and makes a willful violation of an injunction for protection
against repeat violence a first-degree misdemeanor. See §§
784.046(7)(d)(2),
784.047(1), Fla. Stat. (2017); see also §
790.233, Fla....
CopyPublished | Supreme Court of Florida
..._______________________________________________________ NOTE: RESPONDENT IS ADVISED THAT, IF A PERMANENT INJUNCTION FOR PROTECTION AGAINST DOMESTIC VIOLENCE IS ISSUED FOLLOWING A HEARING REGARDING THIS MATTER, IN MOST CASES IT WILL BE A VIOLATION OF SECTION 790.233, FLORIDA STATUTES, AND A FIRST DEGREE *957 MISDEMEANOR, FOR RESPONDENT TO HAVE IN HIS OR HER CARE, CUSTODY, POSSESSION OR CONTROL ANY FIREARM OR AMMUNITION....
..._______________________________________________________________________ 3. Firearms. Unless paragraph a. is initialed below, Respondent shall not have in his or her care, custody, possession or control any firearm or ammunition. It is a violation of section 790.233, Florida Statutes, and a first degree misdemeanor, for the respondent to have in his or her care, custody, possession or control any firearm or ammunition....
CopyPublished | Supreme Court of Florida
...Const.
-2-
defining the offense of “[p]ossession of firearm or ammunition prohibited when
person is subject to an injunction against committing acts of domestic violence,
stalking, or cyberstalking.” See § 790.233(1), Fla....
...-4-
APPENDIX
10.20 [CARE] [CUSTODY] [POSSESSION] [CONTROL] OF [A FIREARM]
[AMMUNITION] WHILE A FINAL INJUNCTION FOR [DOMESTIC
VIOLENCE] [STALKING] [CYBERSTALKING] IS IN EFFECT
§ 790.233(1), Fla....
...-8-
Lesser Included Offenses
[CARE] [CUSTODY] [POSSESSION] [CONTROL] OF [A FIREARM]
[AMMUNITION] WHILE A FINAL INJUNCTION FOR [DOMESTIC
VIOLENCE] [STALKING] [CYBERSTALKING] IS IN EFFECT
790.233(1)
CATEGORY ONE CATEGORY TWO FLA....
CopyPublished | Supreme Court of Florida | 2014 WL 4636358
...This instruction was adopted in 1994 and amended in 2014.
10.20 [CARE] [CUSTODY] [POSSESSION] [CONTROL] OF [A FIREARM]
[AMMUNITION] WHILE A FINAL INJUNCTION FOR [DOMESTIC
VIOLENCE] [STALKING] [CYBERSTALKING] IS IN EFFECT
§ 790.233(1), Fla....
...-9-
Lesser Included Offenses
[CARE] [CUSTODY] [POSSESSION] [CONTROL] OF [A FIREARM]
[AMMUNITION] WHILE A FINAL INJUNCTION FOR [DOMESTIC
VIOLENCE] [STALKING] [CYBERSTALKING] IS IN EFFECT
790.233(1)
CATEGORY ONE CATEGORY TWO FLA....
