Ch. 790 WEAPONS AND FIREARMS F.S. 2017
or weapon on private real property within 1,000 feet of a
school by the owner of such property or by a person
whose presence on such property has been authorized,
licensed, or invited by the owner.
(2)(a) A person shall not possess any firearm, electric
weapon or device, destructive device, or other weapon
as defined in s. 790.001(13), including a razor blade or
box cutter, except as authorized in support of schoolsanctioned
activities, at a school-sponsored event or on
the property of any school, school bus, or school bus
stop; however, a person may carry a firearm:
1. In a case to a firearms program, class or function
which has been approved in advance by the principal or
chief administrative officer of the school as a program or
class to which firearms could be carried;
2. In a case to a career center having a firearms
training range; or
3. In a vehicle pursuant to s. 790.25(5); except that
school districts may adopt written and published policies
that waive the exception in this subparagraph for
purposes of student and campus parking privileges.
For the purposes of this section, “school” means any
preschool, elementary school, middle school, junior
high school, secondary school, career center, or
postsecondary school, whether public or nonpublic.
(b) A person who willfully and knowingly possesses
any electric weapon or device, destructive device, or
other weapon as defined in s. 790.001(13), including a
razor blade or box cutter, except as authorized in
support of school-sanctioned activities, in violation of
this subsection commits a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
(c)1. A person who willfully and knowingly possesses
any firearm in violation of this subsection
commits a felony of the third degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
2. A person who stores or leaves a loaded firearm
within the reach or easy access of a minor who obtains
the firearm and commits a violation of subparagraph 1.
commits a misdemeanor of the second degree, punishable
as provided in s. 775.082 or s. 775.083; except that
this does not apply if the firearm was stored or left in a
securely locked box or container or in a location which a
reasonable person would have believed to be secure, or
was securely locked with a firearm-mounted pushbutton
combination lock or a trigger lock; if the minor
obtains the firearm as a result of an unlawful entry by
any person; or to members of the Armed Forces,
National Guard, or State Militia, or to police or other
law enforcement officers, with respect to firearm
possession by a minor which occurs during or incidental
to the performance of their official duties.
(d) A person who discharges any weapon or firearm
while in violation of paragraph (a), unless discharged for
lawful defense of himself or herself or another or for a
lawful purpose, commits a felony of the second degree,
punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
(e) The penalties of this subsection shall not apply
to persons licensed under s. 790.06. Persons licensed
under s. 790.06 shall be punished as provided in s.
790.06(12), except that a licenseholder who unlawfully
discharges a weapon or firearm on school property as
prohibited by this subsection commits a felony of the
second degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
(3) This section does not apply to any law enforcement
officer as defined in s. 943.10(1), (2), (3), (4), (6),
(7), (8), (9), or (14).
(4) Notwithstanding s. 985.24, s. 985.245, or s.
985.25(1), any minor under 18 years of age who is
charged under this section with possessing or discharging
a firearm on school property shall be detained in
secure detention, unless the state attorney authorizes
the release of the minor, and shall be given a probable
cause hearing within 24 hours after being taken into
custody. At the hearing, the court may order that the
minor continue to be held in secure detention for a
period of 21 days, during which time the minor shall
receive medical, psychiatric, psychological, or substance
abuse examinations pursuant to s. 985.18,
and a written report shall be completed.
History.—s. 4, ch. 92-130; s. 11, ch. 93-230; s. 1, ch. 94-289; s. 1209, ch.
97-102; s. 20, ch. 97-234; s. 3, ch. 99-284; s. 61, ch. 2004-357; s. 112, ch. 2006-120;
s. 2, ch. 2006-186.
790.145 Crimes in pharmacies; possession of
weapons; penalties.—
(1) Unless otherwise provided by law, any person
who is in possession of a concealed “firearm,” as
defined in s. 790.001(6), or a “destructive device,” as
defined in s. 790.001(4), within the premises of a
“pharmacy,” as defined in chapter 465, is guilty of a
felony of the third degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
(2) The provisions of this section do not apply:
(a) To any law enforcement officer;
(b) To any person employed and authorized by the
owner, operator, or manager of a pharmacy to carry a
firearm or destructive device on such premises; or
(c) To any person licensed to carry a concealed
weapon.
History.—s. 1, ch. 81-278; s. 2, ch. 90-124; s. 2, ch. 90-176.
790.15 Discharging firearm in public or on
residential property.—
(1) Except as provided in subsection (2) or subsection
(3), any person who knowingly discharges a firearm
in any public place or on the right-of-way of any paved
public road, highway, or street, who knowingly discharges
any firearm over the right-of-way of any paved
public road, highway, or street or over any occupied
premises, or who recklessly or negligently discharges a
firearm outdoors on any property used primarily as the
site of a dwelling as defined in s. 776.013 or zoned
exclusively for residential use commits a misdemeanor
of the first degree, punishable as provided in s. 775.082
or s. 775.083. This section does not apply to a person
lawfully defending life or property or performing official
duties requiring the discharge of a firearm or to a person
discharging a firearm on public roads or properties
expressly approved for hunting by the Fish and Wildlife
Conservation Commission or Florida Forest Service.
(2) Any occupant of any vehicle who knowingly and
willfully discharges any firearm from the vehicle within
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