Florida Senate - 2017                                    SB 1330
       
       
        
       By Senator Stargel
       
       
       
       
       
       22-00660C-17                                          20171330__
    1                        A bill to be entitled                      
    2         An act relating to weapons and firearms; amending s.
    3         790.115, F.S.; redefining the term “school” to exclude
    4         private schools; defining the term “school property”;
    5         making technical changes; revising provisions
    6         prohibiting possession and discharge of weapons or
    7         firearms during school-sanctioned activities or on
    8         school property; amending ss. 435.04, 921.0022, and
    9         1012.315, F.S.; conforming cross-references;
   10         reenacting ss. 790.251(7)(a), 943.051(3)(b),
   11         985.11(1)(b), 985.25(1)(b), 985.255(1)(e), and
   12         985.557(1)(a), F.S., relating to protection of the
   13         right to keep and bear arms in motor vehicles for
   14         certain purposes, criminal justice information,
   15         fingerprinting and photographing, a detention intake,
   16         detention criteria, and direct filing of an
   17         information, respectively, to incorporate the
   18         amendment made to s. 790.115, F.S., in references
   19         thereto; providing an effective date.
   20          
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Present subsections (1) through (4) of section
   24  790.115, Florida Statutes, are redesignated as subsections (2)
   25  through (5), respectively, a new subsection (1) is added to that
   26  section, and present subsections (1) and (2) of that section are
   27  amended, to read:
   28         790.115 Possessing or discharging weapons or firearms at a
   29  school-sponsored event or on school property prohibited;
   30  penalties; exceptions.—
   31         (1) As used in this section, the term:
   32         (a) “School” means any public preschool, public elementary
   33  school, public middle school, public junior high school, public
   34  secondary school, public postsecondary school, or career center.
   35         (b) “School property” means property owned or leased by a
   36  school which is primarily devoted to instructional use.
   37         (2)(1) A person who exhibits any sword, sword cane,
   38  firearm, electric weapon or device, destructive device, or other
   39  weapon as defined in s. 790.001(13), including a razor blade,
   40  box cutter, or common pocketknife, except as authorized in
   41  support of school-sanctioned activities, in the presence of one
   42  or more persons in a rude, careless, angry, or threatening
   43  manner and not in lawful self-defense, at a school-sponsored
   44  event or on the grounds or facilities of any school property,
   45  school bus, or school bus stop, or within 1,000 feet of the real
   46  property that comprises a preschool, an public or private
   47  elementary school, a middle school, a junior high school, or a
   48  secondary school, during school hours or during the time of a
   49  school-sanctioned sanctioned school activity, commits a felony
   50  of the third degree, punishable as provided in s. 775.082, s.
   51  775.083, or s. 775.084. This subsection does not apply to the
   52  exhibition of a firearm or weapon on private real property
   53  within 1,000 feet of a school by the owner of such private real
   54  property or by a person whose presence on such property has been
   55  authorized, licensed, or invited by the owner.
   56         (3)(2)(a) A person shall not possess any firearm, electric
   57  weapon or device, destructive device, or other weapon as defined
   58  in s. 790.001(13), including a razor blade or box cutter, except
   59  as authorized in support of school-sanctioned activities, at a
   60  school-sponsored event or on the school property of any school,
   61  school bus, or school bus stop; however, a person may carry a
   62  firearm:
   63         1. In a case to a firearms program, class, or function
   64  which has been approved in advance by the principal or chief
   65  administrative officer of the school as a program or class to
   66  which firearms could be carried;
   67         2. In a case to a school career center having a firearms
   68  training range; or
   69         3. In a vehicle or as otherwise provided pursuant to s.
   70  790.25 790.25(5); except that school districts may adopt written
   71  and published policies that waive the exception in this
   72  subparagraph for purposes of student and campus parking
   73  privileges.
   74  
   75  For the purposes of this section, “school” means any preschool,
   76  elementary school, middle school, junior high school, secondary
   77  school, career center, or postsecondary school, whether public
   78  or nonpublic.
   79         (b) A person who willfully and knowingly possesses any
   80  electric weapon or device, destructive device, or other weapon
   81  as defined in s. 790.001(13), including a razor blade or box
   82  cutter, on school property, except as authorized in support of
   83  school-sanctioned activities or as provided in paragraph (a), in
   84  violation of this subsection commits a felony of the third
   85  degree, punishable as provided in s. 775.082, s. 775.083, or s.
   86  775.084.
   87         (c)1. A person who willfully and knowingly possesses any
   88  firearm on school property, except as authorized in support of
   89  school-sanctioned activities or as provided in paragraph (a), in
   90  violation of this subsection commits a felony of the third
   91  degree, punishable as provided in s. 775.082, s. 775.083, or s.
   92  775.084.
   93         2. A person who stores or leaves a loaded firearm within
   94  the reach or easy access of a minor who obtains the firearm and
   95  commits a violation of subparagraph 1. commits a misdemeanor of
   96  the second degree, punishable as provided in s. 775.082 or s.
   97  775.083; except that this does not apply if the firearm was
   98  stored or left in a securely locked box or container or in a
   99  location which a reasonable person would have believed to be
  100  secure, or was securely locked with a firearm-mounted push
  101  button combination lock or a trigger lock; if the minor obtains
  102  the firearm as a result of an unlawful entry by any person; or
  103  to members of the Armed Forces, National Guard, or State
  104  Militia, or to police or other law enforcement officers, with
  105  respect to firearm possession by a minor which occurs during or
  106  incidental to the performance of their official duties.
  107         (d) A person who discharges any weapon or firearm while in
  108  violation of paragraph (a), unless discharged for lawful defense
  109  of himself or herself or another or for a lawful purpose,
  110  commits a felony of the second degree, punishable as provided in
  111  s. 775.082, s. 775.083, or s. 775.084.
  112         (e) The penalties of this subsection do shall not apply to
  113  persons licensed under s. 790.06. Persons licensed under s.
  114  790.06 shall be punished as provided in s. 790.06 s. 790.06(12),
  115  except that a licenseholder who willfully and unlawfully
  116  discharges a weapon or firearm on school property as prohibited
  117  by this subsection commits a felony of the second degree,
  118  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  119         Section 2. Paragraphs (q) and (r) of subsection (2) of
  120  section 435.04, Florida Statutes, are amended to read:
  121         435.04 Level 2 screening standards.—
  122         (2) The security background investigations under this
  123  section must ensure that no persons subject to the provisions of
  124  this section have been arrested for and are awaiting final
  125  disposition of, have been found guilty of, regardless of
  126  adjudication, or entered a plea of nolo contendere or guilty to,
  127  or have been adjudicated delinquent and the record has not been
  128  sealed or expunged for, any offense prohibited under any of the
  129  following provisions of state law or similar law of another
  130  jurisdiction:
  131         (q) Section 790.115(2) 790.115(1), relating to exhibiting
  132  firearms or weapons within 1,000 feet of a school.
  133         (r) Section 790.115(3)(b) 790.115(2)(b), relating to
  134  possessing an electric weapon or device, destructive device, or
  135  other weapon on school property.
  136         Section 3. Paragraphs (d) and (f) of subsection (3) of
  137  section 921.0022, Florida Statutes, are amended to read:
  138         921.0022 Criminal Punishment Code; offense severity ranking
  139  chart.—
  140         (3) OFFENSE SEVERITY RANKING CHART
  141         (d) LEVEL 4
  142  
  143  FloridaStatute              FelonyDegree        Description        
  144  316.1935(3)(a)                   2nd     Driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
  145  499.0051(1)                      3rd     Failure to maintain or deliver transaction history, transaction information, or transaction statements.
  146  499.0051(5)                      2nd     Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
  147  517.07(1)                        3rd     Failure to register securities.
  148  517.12(1)                        3rd     Failure of dealer, associated person, or issuer of securities to register.
  149  784.07(2)(b)                     3rd     Battery of law enforcement officer, firefighter, etc.
  150  784.074(1)(c)                    3rd     Battery of sexually violent predators facility staff.
  151  784.075                          3rd     Battery on detention or commitment facility staff.
  152  784.078                          3rd     Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
  153  784.08(2)(c)                     3rd     Battery on a person 65 years of age or older.
  154  784.081(3)                       3rd     Battery on specified official or employee.
  155  784.082(3)                       3rd     Battery by detained person on visitor or other detainee.
  156  784.083(3)                       3rd     Battery on code inspector.
  157  784.085                          3rd     Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
  158  787.03(1)                        3rd     Interference with custody; wrongly takes minor from appointed guardian.
  159  787.04(2)                        3rd     Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
  160  787.04(3)                        3rd     Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
  161  787.07                           3rd     Human smuggling.          
  162  790.115(2)790.115(1)             3rd     Exhibiting firearm or weapon within 1,000 feet of a school.
  163  790.115(3)(b)790.115(2)(b)       3rd     Possessing electric weapon or device, destructive device, or other weapon on school property.
  164  790.115(3)(c)790.115(2)(c)       3rd     Possessing firearm on school property.
  165  800.04(7)(c)                     3rd     Lewd or lascivious exhibition; offender less than 18 years.
  166  810.02(4)(a)                     3rd     Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
  167  810.02(4)(b)                     3rd     Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
  168  810.06                           3rd     Burglary; possession of tools.
  169  810.08(2)(c)                     3rd     Trespass on property, armed with firearm or dangerous weapon.
  170  812.014(2)(c)3.                  3rd     Grand theft, 3rd degree $10,000 or more but less than $20,000.
  171  812.014 (2)(c)4.-10.             3rd     Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
  172  812.0195(2)                      3rd     Dealing in stolen property by use of the Internet; property stolen $300 or more.
  173  817.563(1)                       3rd     Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
  174  817.568(2)(a)                    3rd     Fraudulent use of personal identification information.
  175  817.625(2)(a)                    3rd     Fraudulent use of scanning device or reencoder.
  176  828.125(1)                       2nd     Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
  177  837.02(1)                        3rd     Perjury in official proceedings.
  178  837.021(1)                       3rd     Make contradictory statements in official proceedings.
  179  838.022                          3rd     Official misconduct.      
  180  839.13(2)(a)                     3rd     Falsifying records of an individual in the care and custody of a state agency.
  181  839.13(2)(c)                     3rd     Falsifying records of the Department of Children and Families.
  182  843.021                          3rd     Possession of a concealed handcuff key by a person in custody.
  183  843.025                          3rd     Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
  184  843.15(1)(a)                     3rd     Failure to appear while on bail for felony (bond estreature or bond jumping).
  185  847.0135(5)(c)                   3rd     Lewd or lascivious exhibition using computer; offender less than 18 years.
  186  874.05(1)(a)                     3rd     Encouraging or recruiting another to join a criminal gang.
  187  893.13(2)(a)1.                   2nd     Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)4. drugs).
  188  914.14(2)                        3rd     Witnesses accepting bribes.
  189  914.22(1)                        3rd     Force, threaten, etc., witness, victim, or informant.
  190  914.23(2)                        3rd     Retaliation against a witness, victim, or informant, no bodily injury.
  191  918.12                           3rd     Tampering with jurors.    
  192  934.215                          3rd     Use of two-way communications device to facilitate commission of a crime.
  193         (f) LEVEL 6
  194  
  195  FloridaStatute              FelonyDegree        Description        
  196  316.027(2)(b)                    2nd     Leaving the scene of a crash involving serious bodily injury.
  197  316.193(2)(b)                    3rd     Felony DUI, 4th or subsequent conviction.
  198  400.9935(4)(c)                   2nd     Operating a clinic, or offering services requiring licensure, without a license.
  199  499.0051(2)                      2nd     Knowing forgery of transaction history, transaction information, or transaction statement.
  200  499.0051(3)                      2nd     Knowing purchase or receipt of prescription drug from unauthorized person.
  201  499.0051(4)                      2nd     Knowing sale or transfer of prescription drug to unauthorized person.
  202  775.0875(1)                      3rd     Taking firearm from law enforcement officer.
  203  784.021(1)(a)                    3rd     Aggravated assault; deadly weapon without intent to kill.
  204  784.021(1)(b)                    3rd     Aggravated assault; intent to commit felony.
  205  784.041                          3rd     Felony battery; domestic battery by strangulation.
  206  784.048(3)                       3rd     Aggravated stalking; credible threat.
  207  784.048(5)                       3rd     Aggravated stalking of person under 16.
  208  784.07(2)(c)                     2nd     Aggravated assault on law enforcement officer.
  209  784.074(1)(b)                    2nd     Aggravated assault on sexually violent predators facility staff.
  210  784.08(2)(b)                     2nd     Aggravated assault on a person 65 years of age or older.
  211  784.081(2)                       2nd     Aggravated assault on specified official or employee.
  212  784.082(2)                       2nd     Aggravated assault by detained person on visitor or other detainee.
  213  784.083(2)                       2nd     Aggravated assault on code inspector.
  214  787.02(2)                        3rd     False imprisonment; restraining with purpose other than those in s. 787.01.
  215  790.115(3)(d)790.115(2)(d)       2nd     Discharging firearm or weapon on school property.
  216  790.161(2)                       2nd     Make, possess, or throw destructive device with intent to do bodily harm or damage property.
  217  790.164(1)                       2nd     False report concerning bomb, explosive, weapon of mass destruction, act of arson or violence to state property, or use of firearms in violent manner.
  218  790.19                           2nd     Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
  219  794.011(8)(a)                    3rd     Solicitation of minor to participate in sexual activity by custodial adult.
  220  794.05(1)                        2nd     Unlawful sexual activity with specified minor.
  221  800.04(5)(d)                     3rd     Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years of age; offender less than 18 years.
  222  800.04(6)(b)                     2nd     Lewd or lascivious conduct; offender 18 years of age or older.
  223  806.031(2)                       2nd     Arson resulting in great bodily harm to firefighter or any other person.
  224  810.02(3)(c)                     2nd     Burglary of occupied structure; unarmed; no assault or battery.
  225  810.145(8)(b)                    2nd     Video voyeurism; certain minor victims; 2nd or subsequent offense.
  226  812.014(2)(b)1.                  2nd     Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
  227  812.014(6)                       2nd     Theft; property stolen $3,000 or more; coordination of others.
  228  812.015(9)(a)                    2nd     Retail theft; property stolen $300 or more; second or subsequent conviction.
  229  812.015(9)(b)                    2nd     Retail theft; property stolen $3,000 or more; coordination of others.
  230  812.13(2)(c)                     2nd     Robbery, no firearm or other weapon (strong-arm robbery).
  231  817.4821(5)                      2nd     Possess cloning paraphernalia with intent to create cloned cellular telephones.
  232  825.102(1)                       3rd     Abuse of an elderly person or disabled adult.
  233  825.102(3)(c)                    3rd     Neglect of an elderly person or disabled adult.
  234  825.1025(3)                      3rd     Lewd or lascivious molestation of an elderly person or disabled adult.
  235  825.103(3)(c)                    3rd     Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
  236  827.03(2)(c)                     3rd     Abuse of a child.         
  237  827.03(2)(d)                     3rd     Neglect of a child.       
  238  827.071(2) & (3)                 2nd     Use or induce a child in a sexual performance, or promote or direct such performance.
  239  836.05                           2nd     Threats; extortion.       
  240  836.10                           2nd     Written threats to kill or do bodily injury.
  241  843.12                           3rd     Aids or assists person to escape.
  242  847.011                          3rd     Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
  243  847.012                          3rd     Knowingly using a minor in the production of materials harmful to minors.
  244  847.0135(2)                      3rd     Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
  245  914.23                           2nd     Retaliation against a witness, victim, or informant, with bodily injury.
  246  944.35(3)(a)2.                   3rd     Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm.
  247  944.40                           2nd     Escapes.                  
  248  944.46                           3rd     Harboring, concealing, aiding escaped prisoners.
  249  944.47(1)(a)5.                   2nd     Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
  250  951.22(1)                        3rd     Intoxicating drug, firearm, or weapon introduced into county facility.
  251         Section 4. Paragraphs (n) and (o) of subsection (1) of
  252  section 1012.315, Florida Statutes, are amended to read:
  253         1012.315 Disqualification from employment.—A person is
  254  ineligible for educator certification, and instructional
  255  personnel and school administrators, as defined in s. 1012.01,
  256  are ineligible for employment in any position that requires
  257  direct contact with students in a district school system,
  258  charter school, or private school that accepts scholarship
  259  students under s. 1002.39 or s. 1002.395, if the person,
  260  instructional personnel, or school administrator has been
  261  convicted of:
  262         (1) Any felony offense prohibited under any of the
  263  following statutes:
  264         (n) Section 790.115(2) 790.115(1), relating to exhibiting
  265  firearms or weapons at a school-sponsored event, on school
  266  property, or within 1,000 feet of a school.
  267         (o) Section 790.115(3)(b) 790.115(2)(b), relating to
  268  possessing an electric weapon or device, destructive device, or
  269  other weapon at a school-sponsored event or on school property.
  270         Section 5. For the purpose of incorporating the amendment
  271  made by this act to section 790.115, Florida Statutes, in a
  272  reference thereto, paragraph (a) of subsection (7) of section
  273  790.251, Florida Statutes, is reenacted to read:
  274         790.251 Protection of the right to keep and bear arms in
  275  motor vehicles for self-defense and other lawful purposes;
  276  prohibited acts; duty of public and private employers; immunity
  277  from liability; enforcement.—
  278         (7) EXCEPTIONS.—The prohibitions in subsection (4) do not
  279  apply to:
  280         (a) Any school property as defined and regulated under s.
  281  790.115.
  282         Section 6. For the purpose of incorporating the amendment
  283  made by this act to section 790.115, Florida Statutes, in a
  284  reference thereto, paragraph (b) of subsection (3) of section
  285  943.051, Florida Statutes, is reenacted to read:
  286         943.051 Criminal justice information; collection and
  287  storage; fingerprinting.—
  288         (3)
  289         (b) A minor who is charged with or found to have committed
  290  the following offenses shall be fingerprinted and the
  291  fingerprints shall be submitted electronically to the
  292  department, unless the minor is issued a civil citation pursuant
  293  to s. 985.12:
  294         1. Assault, as defined in s. 784.011.
  295         2. Battery, as defined in s. 784.03.
  296         3. Carrying a concealed weapon, as defined in s. 790.01(1).
  297         4. Unlawful use of destructive devices or bombs, as defined
  298  in s. 790.1615(1).
  299         5. Neglect of a child, as defined in s. 827.03(1)(e).
  300         6. Assault or battery on a law enforcement officer, a
  301  firefighter, or other specified officers, as defined in s.
  302  784.07(2)(a) and (b).
  303         7. Open carrying of a weapon, as defined in s. 790.053.
  304         8. Exposure of sexual organs, as defined in s. 800.03.
  305         9. Unlawful possession of a firearm, as defined in s.
  306  790.22(5).
  307         10. Petit theft, as defined in s. 812.014(3).
  308         11. Cruelty to animals, as defined in s. 828.12(1).
  309         12. Arson, as defined in s. 806.031(1).
  310         13. Unlawful possession or discharge of a weapon or firearm
  311  at a school-sponsored event or on school property, as provided
  312  in s. 790.115.
  313         Section 7. For the purpose of incorporating the amendment
  314  made by this act to section 790.115, Florida Statutes, in a
  315  reference thereto, paragraph (b) of subsection (1) of section
  316  985.11, Florida Statutes, is reenacted to read:
  317         985.11 Fingerprinting and photographing.—
  318         (1)
  319         (b) Unless the child is issued a civil citation or is
  320  participating in a similar diversion program pursuant to s.
  321  985.12, a child who is charged with or found to have committed
  322  one of the following offenses shall be fingerprinted, and the
  323  fingerprints shall be submitted to the Department of Law
  324  Enforcement as provided in s. 943.051(3)(b):
  325         1. Assault, as defined in s. 784.011.
  326         2. Battery, as defined in s. 784.03.
  327         3. Carrying a concealed weapon, as defined in s. 790.01(1).
  328         4. Unlawful use of destructive devices or bombs, as defined
  329  in s. 790.1615(1).
  330         5. Neglect of a child, as defined in s. 827.03(1)(e).
  331         6. Assault on a law enforcement officer, a firefighter, or
  332  other specified officers, as defined in s. 784.07(2)(a).
  333         7. Open carrying of a weapon, as defined in s. 790.053.
  334         8. Exposure of sexual organs, as defined in s. 800.03.
  335         9. Unlawful possession of a firearm, as defined in s.
  336  790.22(5).
  337         10. Petit theft, as defined in s. 812.014.
  338         11. Cruelty to animals, as defined in s. 828.12(1).
  339         12. Arson, resulting in bodily harm to a firefighter, as
  340  defined in s. 806.031(1).
  341         13. Unlawful possession or discharge of a weapon or firearm
  342  at a school-sponsored event or on school property as defined in
  343  s. 790.115.
  344  
  345  A law enforcement agency may fingerprint and photograph a child
  346  taken into custody upon probable cause that such child has
  347  committed any other violation of law, as the agency deems
  348  appropriate. Such fingerprint records and photographs shall be
  349  retained by the law enforcement agency in a separate file, and
  350  these records and all copies thereof must be marked “Juvenile
  351  Confidential.” These records are not available for public
  352  disclosure and inspection under s. 119.07(1) except as provided
  353  in ss. 943.053 and 985.04(2), but shall be available to other
  354  law enforcement agencies, criminal justice agencies, state
  355  attorneys, the courts, the child, the parents or legal
  356  custodians of the child, their attorneys, and any other person
  357  authorized by the court to have access to such records. In
  358  addition, such records may be submitted to the Department of Law
  359  Enforcement for inclusion in the state criminal history records
  360  and used by criminal justice agencies for criminal justice
  361  purposes. These records may, in the discretion of the court, be
  362  open to inspection by anyone upon a showing of cause. The
  363  fingerprint and photograph records shall be produced in the
  364  court whenever directed by the court. Any photograph taken
  365  pursuant to this section may be shown by a law enforcement
  366  officer to any victim or witness of a crime for the purpose of
  367  identifying the person who committed such crime.
  368         Section 8. For the purpose of incorporating the amendment
  369  made by this act to section 790.115, Florida Statutes, in a
  370  reference thereto, paragraph (b) of subsection (1) of section
  371  985.25, Florida Statutes, is reenacted to read:
  372         985.25 Detention intake.—
  373         (1) The department shall receive custody of a child who has
  374  been taken into custody from the law enforcement agency or court
  375  and shall review the facts in the law enforcement report or
  376  probable cause affidavit and make such further inquiry as may be
  377  necessary to determine whether detention care is appropriate.
  378         (b) The department shall base the decision whether to place
  379  the child into secure or nonsecure detention care on an
  380  assessment of risk in accordance with the risk assessment
  381  instrument and procedures developed by the department under s.
  382  985.245. However, a child charged with possessing or discharging
  383  a firearm on school property in violation of s. 790.115 shall be
  384  placed in secure detention care. A child who has been taken into
  385  custody on three or more separate occasions within a 60-day
  386  period shall be placed in secure detention care until the
  387  child’s detention hearing.
  388  
  389  Under no circumstances shall the department or the state
  390  attorney or law enforcement officer authorize the detention of
  391  any child in a jail or other facility intended or used for the
  392  detention of adults, without an order of the court.
  393         Section 9. For the purpose of incorporating the amendment
  394  made by this act to section 790.115, Florida Statutes, in a
  395  reference thereto, paragraph (e) of subsection (1) of section
  396  985.255, Florida Statutes, is reenacted to read:
  397         985.255 Detention criteria; detention hearing.—
  398         (1) Subject to s. 985.25(1), a child taken into custody and
  399  placed into secure or nonsecure detention care shall be given a
  400  hearing within 24 hours after being taken into custody. At the
  401  hearing, the court may order continued detention if:
  402         (e) The child is charged with possession of or discharging
  403  a firearm on school property in violation of s. 790.115 or the
  404  illegal possession of a firearm.
  405         Section 10. For the purpose of incorporating the amendment
  406  made by this act to section 790.115, Florida Statutes, in a
  407  reference thereto, paragraph (a) of subsection (1) of section
  408  985.557, Florida Statutes, is reenacted to read:
  409         985.557 Direct filing of an information; discretionary and
  410  mandatory criteria.—
  411         (1) DISCRETIONARY DIRECT FILE.—
  412         (a) With respect to any child who was 14 or 15 years of age
  413  at the time the alleged offense was committed, the state
  414  attorney may file an information when in the state attorney’s
  415  judgment and discretion the public interest requires that adult
  416  sanctions be considered or imposed and when the offense charged
  417  is for the commission of, attempt to commit, or conspiracy to
  418  commit:
  419         1. Arson;
  420         2. Sexual battery;
  421         3. Robbery;
  422         4. Kidnapping;
  423         5. Aggravated child abuse;
  424         6. Aggravated assault;
  425         7. Aggravated stalking;
  426         8. Murder;
  427         9. Manslaughter;
  428         10. Unlawful throwing, placing, or discharging of a
  429  destructive device or bomb;
  430         11. Armed burglary in violation of s. 810.02(2)(b) or
  431  specified burglary of a dwelling or structure in violation of s.
  432  810.02(2)(c), or burglary with an assault or battery in
  433  violation of s. 810.02(2)(a);
  434         12. Aggravated battery;
  435         13. Any lewd or lascivious offense committed upon or in the
  436  presence of a person less than 16 years of age;
  437         14. Carrying, displaying, using, threatening, or attempting
  438  to use a weapon or firearm during the commission of a felony;
  439         15. Grand theft in violation of s. 812.014(2)(a);
  440         16. Possessing or discharging any weapon or firearm on
  441  school property in violation of s. 790.115;
  442         17. Home invasion robbery;
  443         18. Carjacking; or
  444         19. Grand theft of a motor vehicle in violation of s.
  445  812.014(2)(c)6. or grand theft of a motor vehicle valued at
  446  $20,000 or more in violation of s. 812.014(2)(b) if the child
  447  has a previous adjudication for grand theft of a motor vehicle
  448  in violation of s. 812.014(2)(c)6. or s. 812.014(2)(b).
  449         Section 11. This act shall take effect October 1, 2017.