Ch. 790 WEAPONS AND FIREARMS F.S. 2017
3. If the minor is ineligible by reason of age for a
driver license or driving privilege, the court shall direct
the Department of Highway Safety and Motor Vehicles
to withhold issuance of the minor’s driver license or
driving privilege for up to 1 year after the date on which
the minor would otherwise have become eligible.
(b) For a second or subsequent offense, a minor
who violates subsection (3) commits a felony of the third
degree and shall serve a period of detention of up to 15
days in a secure detention facility and shall be required
to perform not less than 100 nor more than 250 hours of
community service, and:
1. If the minor is eligible by reason of age for a
driver license or driving privilege, the court shall direct
the Department of Highway Safety and Motor Vehicles
to revoke or to withhold issuance of the minor’s driver
license or driving privilege for up to 2 years.
2. If the minor’s driver license or driving privilege is
under suspension or revocation for any reason, the
court shall direct the Department of Highway Safety and
Motor Vehicles to extend the period of suspension or
revocation by an additional period of up to 2 years.
3. If the minor is ineligible by reason of age for a
driver license or driving privilege, the court shall direct
the Department of Highway Safety and Motor Vehicles
to withhold issuance of the minor’s driver license or
driving privilege for up to 2 years after the date on which
the minor would otherwise have become eligible.
For the purposes of this subsection, community service
shall be performed, if possible, in a manner involving a
hospital emergency room or other medical environment
that deals on a regular basis with trauma patients and
gunshot wounds.
(6) Any firearm that is possessed or used by a minor
in violation of this section shall be promptly seized by a
law enforcement officer and disposed of in accordance
with s. 790.08(1)-(6).
(7) The provisions of this section are supplemental
to all other provisions of law relating to the possession,
use, or exhibition of a firearm.
(8) Notwithstanding s. 985.24 or s. 985.25(1), if a
minor is charged with an offense that involves the use or
possession of a firearm, including a violation of subsection
(3), or is charged for any offense during the
commission of which the minor possessed a firearm, the
minor shall be detained in secure detention, unless the
state attorney authorizes the release of the minor, and
shall be given a 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 in
accordance with the applicable time periods specified in
s. 985.26(1)-(5), if the court finds that the minor meets
the criteria specified in s. 985.255, or if the court finds by
clear and convincing evidence that the minor is a clear
and present danger to himself or herself or the community.
The Department of Juvenile Justice shall
prepare a form for all minors charged under this
subsection which states the period of detention and
the relevant demographic information, including, but not
limited to, the gender, age, and race of the minor;
whether or not the minor was represented by private
counsel or a public defender; the current offense; and
the minor’s complete prior record, including any pending
cases. The form shall be provided to the judge for
determining whether the minor should be continued in
secure detention under this subsection. An order
placing a minor in secure detention because the
minor is a clear and present danger to himself or herself
or the community must be in writing, must specify the
need for detention and the benefits derived by the minor
or the community by placing the minor in secure
detention, and must include a copy of the form provided
by the department.
(9) Notwithstanding s. 985.245, if the minor is found
to have committed an offense that involves the use or
possession of a firearm, as defined in s. 790.001, other
than a violation of subsection (3), or an offense during
the commission of which the minor possessed a firearm,
and the minor is not committed to a residential commitment
program of the 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; and
1. Perform 100 hours of community service; and
may
2. Be placed on community control or in a nonresidential
commitment program.
(b) For a second or subsequent offense, that the
minor shall serve a mandatory period of detention of at
least 21 days in a secure detention facility; and
1. Perform not less than 100 nor more than 250
hours of community service; and may
2. Be placed on community control or in a nonresidential
commitment program.
The minor shall not receive credit for time served before
adjudication. For the purposes of this subsection,
community service shall be performed, if possible, in
a manner involving a hospital emergency room or other
medical environment that deals on a regular basis with
trauma patients and gunshot wounds.
(10) If a minor is found to have committed an offense
under subsection (9), the court shall impose the
following penalties in addition to any penalty imposed
under paragraph (9)(a) or paragraph (9)(b):
(a) For a first offense:
1. If the minor is eligible by reason of age for a
driver license or driving privilege, the court shall direct
the Department of Highway Safety and Motor Vehicles
to revoke or to withhold issuance of the minor’s driver
license or driving privilege for up to 1 year.
2. If the minor’s driver license or driving privilege is
under suspension or revocation for any reason, the
court shall direct the Department of Highway Safety and
Motor Vehicles to extend the period of suspension or
revocation by an additional period for up to 1 year.
3. If the minor is ineligible by reason of age for a
driver license or driving privilege, the court shall direct
the Department of Highway Safety and Motor Vehicles
to withhold issuance of the minor’s driver license or
driving privilege for up to 1 year after the date on which
the minor would otherwise have become eligible.
(b) For a second or subsequent offense:
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