Bill Text: FL S1050 | 2024 | Regular Session | Introduced
Bill Title: Drive-by Shootings
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2024-03-08 - Died in Criminal Justice [S1050 Detail]
Download: Florida-2024-S1050-Introduced.html
Florida Senate - 2024 SB 1050
By Senator Avila
39-00886A-24 20241050__
1 A bill to be entitled
2 An act relating to drive-by shootings; providing a
3 short title; transferring, renumbering, and amending
4 s. 790.15(2) and (3), F.S., relating to the discharge
5 of firearms from vehicles; creating the offense of
6 drive-by shooting as a felony of the second degree;
7 providing criminal penalties for committing the
8 offense of drive-by shooting; amending s. 775.30,
9 F.S.; specifying that committing the offense of drive
10 by shooting in furtherance of certain objectives is a
11 crime of terrorism; providing criminal penalties;
12 amending s. 790.15, F.S.; conforming a provision to
13 changes made by the act; amending s. 921.0022, F.S.;
14 conforming a provision to changes made by the act;
15 ranking an offense on the offense severity ranking
16 chart of the Criminal Punishment Code; providing an
17 effective date.
18
19 Be It Enacted by the Legislature of the State of Florida:
20
21 Section 1. This act may be cited as the “Laderius Clardy
22 Act.”
23 Section 2. Subsections (2) and (3) of section 790.15,
24 Florida Statutes, are transferred and renumbered as section
25 790.1501, Florida Statutes, and amended, to read:
26 790.1501 Discharging firearm from vehicle.—
27 (1)(2) Any occupant of any vehicle who knowingly and
28 willfully discharges any firearm from the vehicle within 1,000
29 feet of any person commits a felony of the second degree,
30 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
31 (2)(3) Any driver or owner of any vehicle, whether or not
32 the owner of the vehicle is occupying the vehicle, who knowingly
33 directs any other person to discharge any firearm from the
34 vehicle commits a felony of the third degree, punishable as
35 provided in s. 775.082, s. 775.083, or s. 775.084.
36 (3) A person who knowingly, or with reckless disregard for
37 human life, causes or attempts to cause serious bodily injury to
38 another by discharging a firearm while in or on a vehicle
39 commits the offense of drive-by shooting, a felony of the second
40 degree, punishable as provided in s. 775.082, s. 775.083, or s.
41 775.084.
42 Section 3. Subsection (2) of section 775.30, Florida
43 Statutes, is amended to read:
44 775.30 Terrorism; defined; penalties.—
45 (2) A person who violates s. 782.04(1)(a)1. or (2), s.
46 782.065, s. 782.07(1), s. 782.09, s. 784.045, s. 784.07, s.
47 787.01, s. 787.02, s. 787.07, s. 790.115, s. 790.15, s.
48 790.1501, s. 790.16, s. 790.161, s. 790.1615, s. 790.162, s.
49 790.166, s. 790.19, s. 806.01, s. 806.031, s. 806.111, s.
50 815.06, s. 815.061, s. 859.01, or s. 876.34, in furtherance of
51 intimidating or coercing the policy of a government, or in
52 furtherance of affecting the conduct of a government by mass
53 destruction, assassination, or kidnapping, commits the crime of
54 terrorism, a felony of the first degree, punishable as provided
55 in s. 775.082, s. 775.083, or s. 775.084.
56 Section 4. Subsection (1) of section 790.15, Florida
57 Statutes, is amended to read:
58 790.15 Discharging firearm in public or on residential
59 property.—
60 (1) Except as provided in subsection (2) or subsection (3),
61 Any person who knowingly discharges a firearm in any public
62 place or on the right-of-way of any paved public road, highway,
63 or street, who knowingly discharges any firearm over the right
64 of-way of any paved public road, highway, or street or over any
65 occupied premises, or who recklessly or negligently discharges a
66 firearm outdoors on any property used primarily as the site of a
67 dwelling as defined in s. 776.013 or zoned exclusively for
68 residential use commits a misdemeanor of the first degree,
69 punishable as provided in s. 775.082 or s. 775.083. This section
70 does not apply to a person lawfully defending life or property
71 or performing official duties requiring the discharge of a
72 firearm or to a person discharging a firearm on public roads or
73 properties expressly approved for hunting by the Fish and
74 Wildlife Conservation Commission or Florida Forest Service.
75 Section 5. Paragraphs (c) and (e) of subsection (3) of
76 section 921.0022, Florida Statutes, are amended to read:
77 921.0022 Criminal Punishment Code; offense severity ranking
78 chart.—
79 (3) OFFENSE SEVERITY RANKING CHART
80 (c) LEVEL 3
81
82 FloridaStatute FelonyDegree Description
83 119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
84 316.066 (3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.
85 316.193(2)(b) 3rd Felony DUI, 3rd conviction.
86 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
87 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
88 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
89 319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
90 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
91 327.35(2)(b) 3rd Felony BUI.
92 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
93 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
94 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
95 379.2431 (1)(e)5. 3rd Taking, disturbing, mutilating, destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act.
96 379.2431 (1)(e)6. 3rd Possessing any marine turtle species or hatchling, or parts thereof, or the nest of any marine turtle species described in the Marine Turtle Protection Act.
97 379.2431 (1)(e)7. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
98 400.9935(4)(a) or (b) 3rd Operating a clinic, or offering services requiring licensure, without a license.
99 400.9935(4)(e) 3rd Filing a false license application or other required information or failing to report information.
100 440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report.
101 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
102 624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
103 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
104 626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
105 697.08 3rd Equity skimming.
106 790.1501(2)790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
107 794.053 3rd Lewd or lascivious written solicitation of a person 16 or 17 years of age by a person 24 years of age or older.
108 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
109 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
110 810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
111 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
112 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
113 812.015(8)(b) 3rd Retail theft with intent to sell; conspires with others.
114 812.081(2) 3rd Theft of a trade secret.
115 815.04(4)(b) 2nd Computer offense devised to defraud or obtain property.
116 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
117 817.233 3rd Burning to defraud insurer.
118 817.234 (8)(b) & (c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
119 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
120 817.236 3rd Filing a false motor vehicle insurance application.
121 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
122 817.413(2) 3rd Sale of used goods of $1,000 or more as new.
123 817.49(2)(b)1. 3rd Willful making of a false report of a crime causing great bodily harm, permanent disfigurement, or permanent disability.
124 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument with intent to defraud.
125 831.29 2nd Possession of instruments for counterfeiting driver licenses or identification cards.
126 836.13(2) 3rd Person who promotes an altered sexual depiction of an identifiable person without consent.
127 838.021(3)(b) 3rd Threatens unlawful harm to public servant.
128 860.15(3) 3rd Overcharging for repairs and parts.
129 870.01(2) 3rd Riot.
130 870.01(4) 3rd Inciting a riot.
131 893.13(1)(a)2. 3rd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs).
132 893.13(1)(d)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of university.
133 893.13(1)(f)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of public housing facility.
134 893.13(4)(c) 3rd Use or hire of minor; deliver to minor other controlled substances.
135 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
136 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
137 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
138 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
139 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
140 893.13(8)(a)1. 3rd Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner’s practice.
141 893.13(8)(a)2. 3rd Employ a trick or scheme in the practitioner’s practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance.
142 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
143 893.13(8)(a)4. 3rd Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner.
144 918.13(1) 3rd Tampering with or fabricating physical evidence.
145 944.47 (1)(a)1. & 2. 3rd Introduce contraband to correctional facility.
146 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
147 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
148 (e) LEVEL 5
149
150 FloridaStatute FelonyDegree Description
151 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
152 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
153 316.80(2) 2nd Unlawful conveyance of fuel; obtaining fuel fraudulently.
154 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
155 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
156 379.365(2)(c)1. 3rd Violation of rules relating to: willful molestation of stone crab traps, lines, or buoys; illegal bartering, trading, or sale, conspiring or aiding in such barter, trade, or sale, or supplying, agreeing to supply, aiding in supplying, or giving away stone crab trap tags or certificates; making, altering, forging, counterfeiting, or reproducing stone crab trap tags; possession of forged, counterfeit, or imitation stone crab trap tags; and engaging in the commercial harvest of stone crabs while license is suspended or revoked.
157 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
158 379.407(5)(b)3. 3rd Possession of 100 or more undersized spiny lobsters.
159 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
160 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
161 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
162 440.381(2) 3rd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
163 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
164 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
165 790.01(3) 3rd Unlawful carrying of a concealed firearm.
166 790.1501(3) 2nd Drive-by shooting.
167 790.162 2nd Threat to throw or discharge destructive device.
168 790.163(1) 2nd False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
169 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
170 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
171 796.05(1) 2nd Live on earnings of a prostitute; 1st offense.
172 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age.
173 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older.
174 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
175 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
176 812.015 (8)(a) & (c)-(e) 3rd Retail theft; property stolen is valued at $750 or more and one or more specified acts.
177 812.015(8)(f) 3rd Retail theft; multiple thefts within specified period.
178 812.019(1) 2nd Stolen property; dealing in or trafficking in.
179 812.081(3) 2nd Trafficking in trade secrets.
180 812.131(2)(b) 3rd Robbery by sudden snatching.
181 812.16(2) 3rd Owning, operating, or conducting a chop shop.
182 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
183 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
184 817.2341(1), (2)(a) & (3)(a) 3rd Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity.
185 817.568(2)(b) 2nd Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more persons.
186 817.611(2)(a) 2nd Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
187 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
188 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
189 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes child pornography.
190 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes child pornography.
191 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
192 836.14(4) 2nd Person who willfully promotes for financial gain a sexually explicit image of an identifiable person without consent.
193 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
194 843.01(1) 3rd Resist officer with violence to person; resist arrest with violence.
195 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
196 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
197 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
198 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
199 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang.
200 893.13(1)(a)1. 2nd Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. drugs).
201 893.13(1)(c)2. 2nd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
202 893.13(1)(d)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. drugs) within 1,000 feet of university.
203 893.13(1)(e)2. 2nd Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
204 893.13(1)(f)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)5. drugs) within 1,000 feet of public housing facility.
205 893.13(4)(b) 2nd Use or hire of minor; deliver to minor other controlled substance.
206 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
207 Section 6. This act shall take effect October 1, 2024.
