The 2023 Florida Statutes (including Special Session C)
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. . . of law relating to the possession, use, or exhibition of a firearm' " (emphasis omitted) (quoting § 790.22 . . .
. . . discharging weapons or firearms at a school-sponsored event or on school property prohibited"), and 790.22 . . .
. . . Community service for a delinquent act involving the use or possession of a firearm, under section 790.22 . . . years)...... ..... for a delinquent act involving the use or possession of a firearm, under section 790.22 . . . Having found the child committed a violation of section 790.22(3), Florida Statutes, under section 790.22 . . . act in count .......... involves the use or possession of a firearm other than a violation of section 790.22 . . . Therefore, under section 790.22(9), Florida Statutes, the child is ordered to serve: ..... for a first . . .
. . . s armed burglary of a conveyance charge, pursuant to section 790.22(9)(a). . . . Section 790.22(9)(a) states: (9) Notwithstanding s. 985.245, if the minor is found to have committed . . . Be placed on community control or in a nonresidential commitment program. § 790.22(9)(a), Fla. . . . Section 790.22(9)(a) is unambiguous, and supports the State's interpretation. . . . .]" § 790.22(9)(a), Fla. Stat. . . .
. . . . § 790.22(b) ("The conditions prescribed as prerequisites to ... an exercise of discretion [to not award . . .
. . . A.P. was charged with violating section 790.22(3), Florida Statutes (2015), which makes it a crime for . . .
. . . See § 790.22(3), (5), Fla, Stat. (2014). . . .
. . . . § 790.22(b). . . . liability for liquidated damages, “it continues to be the duty of the court” to make an award. 29 C.F.R. § 790.22 . . .
. . . . § 790.22(c)). . . .
. . . . § 790.22(c)). . . .
. . . . § 790.22(b). . . . FLSA] are mixed questions of fact and law, which should be determined by objective tests.” 29 C.F.R. § 790.22 . . .
. . . . § 790.22(c), and establishing either element is sufficient to satisfy the statute. . . .
. . . . § 790.22(c)). . . .
. . . alcoholic, or a person using weapons or firearms in violation of ss. 790.07-790.115, 790.145-790.19, 790.22 . . . authorized” “a person using weapons or firearms in violation of ss. 790.07-790.12, 790.14-790. 19., 790.22 . . .
. . . . § 790.22(a)-(b). . . .
. . . other provisions of law relating to the possession, use, or exhibition of a firearm’ ”) (quoting § 790.22 . . .
. . . . § 790.22 n.137). . . .
. . . . § 790.22(b); Rodriguez v. Farm Stores Grocery, Inc., 518 F.3d 1259, 1272 (11th Cir.2008). . . . reduction or elimination of a liquidated damages award remains discretionary with the Court. 29 C.F.R. § 790.22 . . .
. . . , section 790.01(2), Florida Statutes (2012), and being a minor in possession of a firearm, section 790.22 . . . adjudications of delinquency for the two firearms offenses must be reversed because sections 790.01(2) and 790.22 . . .
. . . that ‘[t]he provisions of this section are supplemental to all other provisions of law1 ” (quoting § 790.22 . . .
. . . State petitioned to have K.D.T. declared delinquent for being a minor in possession of a firearm, § 790.22 . . .
. . . .); ch. 2013-162 (amending various statutes); § 790.22(9), Fla. Stat. . . .
. . . We affirm his adjudication for carrying a concealed firearm, rejecting his claim that section 790.22( . . . Constitutionality of Section 790.22(3), Florida Statutes L.S. argues that he was improperly convicted . . . of a violation of section 790.22(3), for possession of a firearm by a minor, because that statutory . . . Section 790.22(3) provides that “A minor under 18 years of age may not possess a firearm, other than . . . Section 790.22(3) places appropriate restrictions on a juvenile’s possession of firearms. . . .
. . . Stat. (2011), and possession of a firearm by a minor, § 790.22(3), (5). . . .
. . . trial court’s imposition of a mandatory fifteen days in a secure detention facility pursuant to section 790.22 . . . State, 25 So.3d 586 (Fla. 4th DCA 2009), we held that it was error to impose the section 790.22(9) sentencing . . .
. . . . § 790.22(b) (2011). C. . . .
. . . Stat. (2010) (prohibiting the open carrying of a firearm); § 790.22(3) Fla. . . .
. . . . § 790.22(c) (1987) ... [That test has] both subjective and objective components.” Id. . . .
. . . See § 790.22, Fla. Stat. (1997). . . .
. . . The trial court did not commit the defendant to fifteen days detention, as required by section 790.22 . . . The petition also did not cite section 790.22(9)’s possible application. . . . B.O.’s petition, however, gave him proper notice of section 790.22(9)’s possible application because, . . . Such a strict application of section 790.22(9) is well-recognized and in accordance with section 790.22 . . . terms use or possession of a firearm in order to trigger section 790.22(9)’s application. . . . This court reversed the 15 days credit, holding that strict application of section 790.22(9) requires . . . The S.T. court reversed because the plain language of 790.22(9) strictly prohibits a minor from receiving . . . Although cases cited by the dissent suggest section 790.22(9)’s mandatory sentence serve to deter delinquent . . . The pertinent provisions of § 790.22(9) state: “Notwithstanding s. 985.245, if the minor is found to . . . It is argued that § 790.22(9) is couched in mandatory terms and that these due process principles do . . . The contention is that § 790.22(9) is “designed to get the immediate attention of all juveniles and to . . . — unlike the case we face today — the child was charged with the very predicate fact required by § 790.22 . . . Nothing in J.Z. supports a holding that § 790.22(9) may be employed in spite of the absence of notice . . .
. . . R.F., 648 So.2d 293, 294 (Fla. 3d DCA 1995) (construing the term "day” in section 790.22(9)(a), Florida . . .
. . . . § 790.22(5)(a) (expressly makes suspension of driving privileges a part of the penalty for a minor . . .
. . . argues that the trial court erred in failing to impose fifteen days of detention as required by section 790.22 . . . order and remand with directions that the trial court impose the term of detention required by section 790.22 . . . Section 790.22(9) states in pertinent part: (9) Notwithstanding s. 985.214, if the minor is found to . . .
. . . State appeals the appellee’s sentence, arguing that the trial court erred when, contrary to Section 790.22 . . . The State objected that the sentence failed to comply with the requirements of section 790.22(9), Florida . . . Section 790.22(9), Florida Statutes (2006), provides: (9) Notwithstanding s. 985.214, if the minor is . . . The language of section 790.22(9) is mandatory. See State v. . . . Moreover, section 790.22(9) expressly states that “[t]he minor shall not receive credit for time served . . .
. . . . § 790.22 (2003 & 2005). Therefore, liquidated damages are compensatory rather than punitive. Id. . . . . § 790.22 (2003 & 2005); Brock v. El Paso Natural Gas Co., 826 F.2d 369, 371 (5th Cir.1987). . . . See 29 C.F.R. § 790.22 (2003 & 2005). . See Dkt.# 116, Ex. A, para. 17. . Id. . Id. . Id. . . . .
. . . See § 790.22(5)(a), Fla. . . .
. . . .§ 790.22(3), Fla. Stat. (2004). . . .
. . . weapon in violation of section 790.01 and possession of a firearm by a minor in violation of section 790.22 . . . because a clear statement of legislative intent to punish each crime separately is contained in section 790.22 . . . M.P., 682 So.2d at 82 (alteration in original) (quoting § 790.22(7), Fla. Stat. (Supp.1994)). . . .
. . . potential criminal liability for his minor child’s unsupervised possession of a firearm under section 790.22 . . .
. . . . § 790.22(b) (2005). 2. . . . the statute, and it continues to be the duty of the court to award liquidated damages.” 29 C.F.R. § 790.22 . . .
. . . Section 790.22(7) ... provides that ‘[t]he provisions of this section are supplemental to all other provisions . . .
. . . , and an adjudication of delinquency for possession of a firearm by a minor in violation of section 790.22 . . . did not violate double jeopardy principles because the legislature expressed its intent in section 790.22 . . .
. . . Stat. (2002), possession and use of firearms, see § 790.22(1), (3), Fla. . . .
. . . . § 790.22 provides that: (a) ... in any action brought under the [FLSA] to recover unpaid ... overtime . . . Only if the Defendant then succeeds in persuading the Court on the Section 790.22 factors does the Court . . .
. . . juvenile to a minimum period of fifteen days in a secured detention facility, as required by section 790.22 . . . Thus, counsel maintained, the mandatory detention provision of section 790.22(9)(a), did not have to . . . We reject the juvenile’s argument that we should analogize section 790.22(9), with section 775.087(1) . . . Section 790.22 provides in part: (9) Notwithstanding s. 985.214, if the minor is found to have committed . . .
. . . . § 790.22 ("The use for any purpose whatsoever of BB guns, air or gas-operated guns, or electric weapons . . .
. . . . § 790.22 (“Under this provision of the law, the courts have held that the liability of an employer . . .
. . . Section 790.22(9), Florida Statutes (2000), provides: Notwithstanding s. 985.214, if the minor is found . . . Section 790.22(9) also provides: The minor shall not receive credit for time served before adjudication . . .
. . . WAS PROCESSED AND CHARGED WITH POSSESSION OF A LOADED FIREARM BY A MINOR PER F.S.S. 790.22(3). . . .
. . . . § 790.22(b). The statute thus establishes a test with both subjective and objective components. . . .
. . . Applying the facts of the instant case, "dirty” funds ($470,-790.22) comprised approximately 21 per cent . . .
. . . He was placed in secure detention as authorized by section 790.22(8), and the trial court held the required . . . secure detention pursuant to the “gun bill; interpret the phrase “gun bill” to be a reference to section 790.22 . . . T.S. asserts that under section 790.22(8) the court may order a minor charged with possession of a firearm . . .
. . . following: 1 .... a person using weapons or firearms in violation of ss. 790.07-790.12, 790.14-790.19, 790.22 . . .
. . . Section 790.22(9)(a), Florida Statutes (1997), requires a minor who has committed an offense involving . . . In addition, section 790.22(10)(a)l, Florida Statutes (1997), provides that if a minor violates section . . . 790.22(9), the court “shall” direct the revocation or the withholding of issuance of the minor’s driver . . .
. . . $762.80 in his share checking account with SEFCU and $27.42 in his savings account, or a total of $790.22 . . . As is its policy, SEFCU then froze $790.22 of the funds (the petition date balance in the Accounts) in . . . SEFCU alleges that as of the commencement of the case $790.22 on deposit with it represented cash collateral . . . Court has the authority to grant it a replacement lien allowing it a secured claim to the extent of $790.22 . . . to the extent of monies on deposit in the Debtor’s Accounts to which the Debtor had a claim, namely $790.22 . . .
. . . two prior offenses which the state had handled nonjudicially, it unsuccessfully argued that section 790.22 . . . The state argues that the trial court lacked discretion under section 790.22(9), Florida Statutes (1997 . . . adjudication of guilt or imposition of a sentence shall not be suspended, deferred, or withheld,” id, section 790.22 . . . In any event, we interpret the last sentence of section 790.22 as a direction to the court to credit . . . The minor shall receive credit for time served before adjudication. § 790.22(9), Fla. . . .
. . . See § 790.22, Fla. Stat. (1997). . . . . § 790.22(3), Fla. Stat. (1995). . . .
. . . a firearm and was placed in an intensive community supervision program, in accordance with section 790.22 . . . Under section 790.22(9), "if the minor is found to have committed an offense that involves the use or . . .
. . . . § 790.22(3), Fla. Stat. .§ 843.02, Fla. Stat. . . .
. . . whether a juvenile had been “committed to a residential commitment program” within the meaning of section 790.22 . . .
. . . The State appeals the suspension of the five day detention period, contending that section 790.22(9)( . . . Section 790.22(9)(a) provides that when a minor commits a firearms possession offense but is not committed . . .
. . . . § 790.22(b). . . .
. . . contempt sanction alternatives in conjunction with the circuit plan implemented in accordance with s. 790.22 . . . and other juvenile sanctions, in conjunction with the circuit plan implemented in accordance with s. 790.22 . . .
. . . State, 689 So.2d 443 (Fla. 3d DCA 1997), we found section 790.22(9)(a), Florida Statutes, which mandates . . . See id at 444, 446; § 790.22(9)(a), Fla. Stat. (1995). . . .
. . . spend five days in detention and perform 100 hours of community service in accordance with section 790.22 . . . BOOTH, JOANOS and VAN NORTWICK, JJ., concur. . 790.22(9): Notwithstanding s. 39.043, if the minor is . . .
. . . . § 790.22(b). . . .
. . . L.G. was also adjudicated delinquent for violation of subsection 790.22(3), Florida Statutes, which prohibits . . .
. . . . § 790.22(e). . . .
. . . On this appeal, T.M., a juvenile, asserts that section 790.22(9)(a), Florida Statutes (1995) which mandates . . . We do not find section 790.22(9)(a) to be violative of the equal protection clause of the state and federal . . . Pursuant to section 790.22(9)(a), the trial court was required to impose a five day detention period . . . T.M. maintained that section 790.22(9)(a) is not based on any rational distinction having a just and . . . We understand T.M.’s basic argument to be that section 790.22(9)(a) is violative of the equal protection . . .
. . . was never charged or adjudicated delinquent for possession of a firearm by a minor under subsections 790.22 . . .
. . . section 790.01, Florida Statutes (1993), and possession of a firearm by a minor in violation of section 790.22 . . . a minor in addition to other firearm-related offenses based upon the statutory language in section 790.22 . . . Section 790.22(7), Florida Statutes (Supp.1994), provides that “[t]he provisions of this section are . . . The House Staff Analysis Report also provides that the punishment for violating section 790.22 shall . . . Section 790.22(7), Florida Statutes (Supp. 1994), provides that the provisions of section 790.22 "are . . .
. . . . § 790.22(c). . . .
. . . . § 790.22, Fla.Stat. (1995). .§ 790.23, Fla.Stat. (1995). . . .
. . . section 790.01, Florida Statutes (1993), and possession of a firearm by a minor in violation of section 790.22 . . . When the Florida legislature enacted section 790.22(3), it specifically articulated its intent to punish . . . supplemental to all other provisions of law relating to the possession, use, or exhibition of a firearm.” § 790.22 . . . Section 790.01 prohibits concealment of a weapon; section 790.22(3) prohibits possession of a firearm . . .
. . . T.A. was adjudicated, the judge considered whether to detain T.A. under the recently adopted section 790.22 . . . Section 790.22(9) provides as follows: “(9) Notwithstanding s. 39.043, if the minor is found to have . . . At the outset, we note that section 790.22(9) is not directed to pretrial detention. . . . We see nothing in the terms of section 790.22(9) that requires the punishment to begin instanter upon . . . We hold that section 790.22(9) does not empower juvenile judges to bypass the statutory and rule requirements . . .
. . . .§ 790.22(3), Fla.Stat. (Supp.1994). . . .
. . . remanded to the trial court with instructions to impose 100 hours of community service pursuant to section 790.22 . . .
. . . review of an order adjudicating him a delinquent child based upon findings that he had violated section 790.22 . . . amended order of adjudication and disposition that makes no reference to a violation of either section 790.22 . . .
. . . Paragraph 790.22(9)(a), Florida Statutes (Supp.1994), provides, in part: (9) Notwithstanding s. 39.043 . . . The trial court interpreted the term “day” as used in paragraph 790.22(9)(a) to mean an eight-hour working . . .
. . . Petitioner acknowledges possible reliance on section 790.22(8), Florida Statutes, enacted by the 1993 . . . Instead, they argue that secure detention is authorized by section 790.22(8), Florida Statutes. . . . find that the detention of the petitioners was authorized under both section 39.044(2) and section 790.22 . . . (3), the continued detention of each was authorized by section 790.22(8) if the trial court found by . . . As T.L.W. was properly detained under authority of section 790.22(8), any technical non-compliance with . . .
. . . . § 790.22(b). . . .
. . . . § 790.22(b); Martin v. Cooper Elec. . . .
. . . . §§ 790.15 and 790.22(c). . . .
. . . an adjudication of delinquency for the unsupervised use of a weapon by a minor, pursuant to section 790.22 . . . confession of error correctly asserts that the adjudication of delinquency for violation of section 790.22 . . . Section 790.22 provides: (1) The use for any purpose whatsoever of BB guns, air or gas-operated guns, . . . C. court held that section 790.22(1) “creates a criminal offense, subjecting juvenile offenders to arrest . . . subsection 790.22(2) specifically designates that an adult found to be in violation of that statute . . .
. . . . § 790.22(b) (“(1) The employers must show ... that the act or omission giving rise to such action was . . .
. . . . § 790.22(c) (1987). . . .
. . . . § 790.22(c) (1987).... [That test has] both subjective and objective components.” Bratt v. . . .
. . . . § 790.22(a) n. 137. . . .
. . . . § 790.22(c) (1987). . . . See First Citizens Bank, 758 F.2d at 402; 29 U.S.C. § 260; 29 C.F.R. § 790.22(c). A. . . .
. . . . § 790.22(c) states: What constitutes good faith on part the part of an employer and whether he had . . .
. . . both in good faith and predicated upon ... reasonable grounds” (emphasis added)); see also 29 C.F.R. 790.22 . . .
. . . . §790.22. . . .
. . . . § 790.22 (1985). . . . .
. . . Section 790.22 (1981). The amount of such award shall be equal to the amount due as back wages. . . .
. . . . § 790.22(b) (1980); Laffey, 567 F.2d at 463. . . . Discrimination in Employment Act] the criminal penalties established for violation of the FLSA.”). . 29 C.F.R. § 790.22 . . .
. . . . § 790.22 (1981); Laffey, supra, at 464-65, and Nitterright v. . . .
. . . welfare of the child and thus not vicariously responsible for the child’s misuse of the gun under Section 790.22 . . .
. . . . § 790.22; Weisel v. . . .
. . . See, e.g., § 790.22, Fla.Stat. (1979); § 322.09(2), Fla.Stat. (1979). . . . .
. . . This conclusion is made clear by the fact that the legislature specifically treated BB guns in Sec. 790.22 . . .