F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 807 2024
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 motor vehicles; ;creating s.
6 790.1501, F.S.; creating the offense of drive-by
7 shooting as a felony of the second degree; providing
8 criminal penalties; amending s. 775.30, F.S.;
9 specifying that committing the offense of drive-by
10 shooting in furtherance of certain objectives is a
11 crime of terrorism; amending s. 790.15, F.S.;
12 conforming provisions to changes made by the act;
13 amending s. 921.0022, F.S.; conforming provisions to
14 changes made by the act; ranking an offense on the
15 offense severity ranking chart of the Criminal
16 Punishment Code; providing an effective date.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1. This act may be cited as the "Laderius Clardy
21 Act."
22 Section 2. Subsections (2) and (3) of section 790.15,
23 Florida Statutes, are transferred and renumbered as subsections
24 (1) and (2) of section 790.1501, Florida Statutes, and
25 subsection (3) is added to that section, to read:
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26 790.1501 Discharging firearm from motor 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 attempts, other than for lawful self-
37 defense, to cause serious bodily injury to another, or causes
38 such injury purposely, knowingly, or recklessly under
39 circumstances manifesting extreme indifference to the value of
40 human life by discharging a firearm while in or on a vehicle
41 commits the offense of drive-by shooting, a felony of the second
42 degree, punishable as provided in s. 775.082, s. 775.083, or s.
43 775.084.
44 Section 3. Subsection (2) of section 775.30, Florida
45 Statutes, is amended to read:
46 775.30 Terrorism; defined; penalties.—
47 (2) A person who violates s. 782.04(1)(a)1. or (2), s.
48 782.065, s. 782.07(1), s. 782.09, s. 784.045, s. 784.07, s.
49 787.01, s. 787.02, s. 787.07, s. 790.115, s. 790.15, s.
50 790.1501, s. 790.16, s. 790.161, s. 790.1615, s. 790.162, s.
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51 790.166, s. 790.19, s. 806.01, s. 806.031, s. 806.111, s.
52 815.06, s. 815.061, s. 859.01, or s. 876.34, in furtherance of
53 intimidating or coercing the policy of a government, or in
54 furtherance of affecting the conduct of a government by mass
55 destruction, assassination, or kidnapping, commits the crime of
56 terrorism, a felony of the first degree, punishable as provided
57 in s. 775.082, s. 775.083, or s. 775.084.
58 Section 4. Subsection (1) of section 790.15, Florida
59 Statutes, is amended to read:
60 790.15 Discharging firearm in public or on residential
61 property.—
62 (1) Except as provided in subsection (2) or subsection
63 (3), Any person who knowingly discharges a firearm in any public
64 place or on the right-of-way of any paved public road, highway,
65 or street, who knowingly discharges any firearm over the right-
66 of-way of any paved public road, highway, or street or over any
67 occupied premises, or who recklessly or negligently discharges a
68 firearm outdoors on any property used primarily as the s ite of a
69 dwelling as defined in s. 776.013 or zoned exclusively for
70 residential use commits a misdemeanor of the first degree,
71 punishable as provided in s. 775.082 or s. 775.083. This section
72 does not apply to a person lawfully defending life or property
73 or performing official duties requiring the discharge of a
74 firearm or to a person discharging a firearm on public roads or
75 properties expressly approved for hunting by the Fish and
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76 Wildlife Conservation Commission or Florida Forest Service.
77 Section 5. Paragraphs (c) and (e) of subsection (3) of
78 section 921.0022, Florida Statutes, are amended to read:
79 921.0022 Criminal Punishment Code; offense severity
80 ranking chart.—
81 (3) OFFENSE SEVERITY RANKING CHART
82 (c) LEVEL 3
83
Florida Felony
Statute Degree Description
84
119.10(2)(b) 3rd Unlawful use of confidential
information from police
reports.
85
316.066 3rd Unlawfully obtaining or using
(3)(b)-(d) confidential crash reports.
86
316.193(2)(b) 3rd Felony DUI, 3rd conviction.
87
316.1935(2) 3rd Fleeing or attempting to elude
law enforcement officer in
patrol vehicle with siren and
lights activated.
88
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319.30(4) 3rd Possession by junkyard of motor
vehicle with identification
number plate removed.
89
319.33(1)(a) 3rd Alter or forge any certificate
of title to a motor vehicle or
mobile home.
90
319.33(1)(c) 3rd Procure or pass title on stolen
vehicle.
91
319.33(4) 3rd With intent to defraud,
possess, sell, etc., a blank,
forged, or unlawfully obtained
title or registration.
92
327.35(2)(b) 3rd Felony BUI.
93
328.05(2) 3rd Possess, sell, or counterfeit
fictitious, stolen, or
fraudulent titles or bills of
sale of vessels.
94
328.07(4) 3rd Manufacture, exchange, or
possess vessel with counterfeit
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or wrong ID number.
95
376.302(5) 3rd Fraud related to reimbursement
for cleanup expenses under the
Inland Protection Trust Fund.
96
379.2431 3rd Taking, disturbing, mutilating,
(1)(e)5. 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.
97
379.2431 3rd Possessing any marine turtle
(1)(e)6. species or hatchling, or parts
thereof, or the nest of any
marine turtle species described
in the Marine Turtle Protection
Act.
98
379.2431 3rd Soliciting to commit or
(1)(e)7. conspiring to commit a
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violation of the Marine Turtle
Protection Act.
99
400.9935(4)(a) 3rd Operating a clinic, or offering
or (b) services requiring licensure,
without a license.
100
400.9935(4)(e) 3rd Filing a false license
application or other required
information or failing to
report information.
101
440.1051(3) 3rd False report of workers'
compensation fraud or
retaliation for making such a
report.
102
501.001(2)(b) 2nd Tampers with a consumer product
or the container using
materially false/misleading
information.
103
624.401(4)(a) 3rd Transacting insurance without a
certificate of authority.
104
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624.401(4)(b)1. 3rd Transacting insurance without a
certificate of authority;
premium collected less than
$20,000.
105
626.902(1)(a) & 3rd Representing an unauthorized
(b) insurer.
106
697.08 3rd Equity skimming.
107
790.1501(2) 3rd Person directs another to
790.15(3) discharge firearm from a
vehicle.
108
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.
109
806.10(1) 3rd Maliciously injure, destroy, or
interfere with vehicles or
equipment used in firefighting.
110
806.10(2) 3rd Interferes with or assaults
firefighter in performance of
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duty.
111
810.09(2)(c) 3rd Trespass on property other than
structure or conveyance armed
with firearm or dangerous
weapon.
112
812.014(2)(c)2. 3rd Grand theft; $5,000 or more but
less than $10,000.
113
812.0145(2)(c) 3rd Theft from person 65 years of
age or older; $300 or more but
less than $10,000.
114
812.015(8)(b) 3rd Retail theft with intent to
sell; conspires with others.
115
812.081(2) 3rd Theft of a trade secret.
116
815.04(4)(b) 2nd Computer offense devised to
defraud or obtain property.
117
817.034(4)(a)3. 3rd Engages in scheme to defraud
(Florida Communications Fraud
Act), property valued at less
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