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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
A bill to be entitled 1
An act relating to drive -by shootings; providing a 2
short title; transferring, renumbering, and amending 3
s. 790.15(2) and (3), F.S., relating to the discharge 4
of firearms from motor vehicles; ;creating s. 5
790.1501, F.S.; creating the offense of drive -by 6
shooting as a felony of the second degree; providing 7
criminal penalties; amending s. 775.30, F.S.; 8
specifying that committing the offense of drive -by 9
shooting in furtherance of certain objectives is a 10
crime of terrorism; amending s. 790.15, F.S.; 11
conforming provisions to changes made by the act; 12
amending s. 921.0022, F.S.; conforming provisions to 13
changes made by the act; ranking an offense on the 14
offense severity ranking chart of the Criminal 15
Punishment Code; providing an effective date. 16
17
Be It Enacted by the Legislature of the State of Florida: 18
19
Section 1. This act may be cited as the "Laderius Clardy 20
Act." 21
Section 2. Subsections (2) and (3) of section 7 90.15, 22
Florida Statutes, are transferred and renumbered as subsections 23
(1) and (2) of section 790.1501, Florida Statutes, and 24
subsection (3) is added to that section, to read: 25
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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
790.1501 Discharging firearm from motor vehicle. — 26
(1)(2) Any occupant of any vehicle who knowingly and 27
willfully discharges any firearm from the vehicle within 1,000 28
feet of any person commits a felony of the second degree, 29
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 30
(2)(3) Any driver or owner of any vehicle , whether or not 31
the owner of the vehicle is occupying the vehicle, who knowingly 32
directs any other person to discharge any firearm from the 33
vehicle commits a felony of the third degree, punishable as 34
provided in s. 775.082, s. 775.083, or s. 775.084. 35
(3) A person who attempts, other than for lawful self -36
defense, to cause serious bodily injury to another, or causes 37
such injury purposely, knowingly, or recklessly under 38
circumstances manifesting extreme indifference to the value of 39
human life by discharging a firearm while in or on a vehicle 40
commits the offense of drive -by shooting, a felony of the second 41
degree, punishable as provided in s. 775.082, s. 775.083, or s. 42
775.084. 43
Section 3. Subsection (2) of section 775.30, Florida 44
Statutes, is amended to r ead: 45
775.30 Terrorism; defined; penalties. — 46
(2) A person who violates s. 782.04(1)(a)1. or (2), s. 47
782.065, s. 782.07(1), s. 782.09, s. 784.045, s. 784.07, s. 48
787.01, s. 787.02, s. 787.07, s. 790.115, s. 790.15, s. 49
790.1501, s. 790.16, s. 790.161, s. 7 90.1615, s. 790.162, s. 50
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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
790.166, s. 790.19, s. 806.01, s. 806.031, s. 806.111, s. 51
815.06, s. 815.061, s. 859.01, or s. 876.34, in furtherance of 52
intimidating or coercing the policy of a government, or in 53
furtherance of affecting the conduct of a government by mass 54
destruction, assassination, or kidnapping, commits the crime of 55
terrorism, a felony of the first degree, punishable as provided 56
in s. 775.082, s. 775.083, or s. 775.084. 57
Section 4. Subsection (1) of section 790.15, Florida 58
Statutes, is amended to read: 59
790.15 Discharging firearm in public or on residential 60
property.— 61
(1) Except as provided in subsection (2) or subsection 62
(3), Any person who knowingly discharges a firearm in any public 63
place or on the right -of-way of any paved public road, h ighway, 64
or street, who knowingly discharges any firearm over the right -65
of-way of any paved public road, highway, or street or over any 66
occupied premises, or who recklessly or negligently discharges a 67
firearm outdoors on any property used primarily as the s ite of a 68
dwelling as defined in s. 776.013 or zoned exclusively for 69
residential use commits a misdemeanor of the first degree, 70
punishable as provided in s. 775.082 or s. 775.083. This section 71
does not apply to a person lawfully defending life or property 72
or performing official duties requiring the discharge of a 73
firearm or to a person discharging a firearm on public roads or 74
properties expressly approved for hunting by the Fish and 75
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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
Wildlife Conservation Commission or Florida Forest Service. 76
Section 5. Paragraphs (c) and (e) of subsection (3) of 77
section 921.0022, Florida Statutes, are amended to read: 78
921.0022 Criminal Punishment Code; offense severity 79
ranking chart.— 80
(3) OFFENSE SEVERITY RANKING CHART 81
(c) LEVEL 3 82
83
Florida
Statute
Felony
Degree Description
84
119.10(2)(b) 3rd Unlawful use of confidential
information from police
reports.
85
316.066
(3)(b)-(d)
3rd Unlawfully obtaining or using
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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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
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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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
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
(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.
97
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.
98
379.2431
(1)(e)7.
3rd Soliciting to commit or
conspiring to commit a
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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
violation of the Marine Turtle
Protection Act.
99
400.9935(4)(a)
or (b)
3rd Operating a clinic, or offering
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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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
624.401(4)(b)1. 3rd Transacting insurance without a
certificate of authority;
premium collected less than
$20,000.
105
626.902(1)(a) &
(b)
3rd Representing an unauthorized
insurer.
106
697.08 3rd Equity skimming.
107
790.1501(2)
790.15(3)
3rd Person directs another to
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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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
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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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
than $20,000.
118
817.233 3rd Burning to defraud insurer.
119
817.234
(8)(b) & (c)
3rd Unlawful solicitation of
persons involved in motor
vehicle accidents.
120
817.234(11)(a) 3rd Insurance fraud; property value
less than $20,000.
121
817.236 3rd Filing a false motor vehicle
insurance application.
122
817.2361 3rd Creating, marketing, or
presenting a false or
fraudulent motor vehicle
insurance card.
123
817.413(2) 3rd Sale of used goods of $1,000 or
more as new.
124
817.49(2)(b)1. 3rd Willful making of a false
report of a crime causing great
bodily harm, permanent
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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
disfigurement, or permanent
disability.
125
831.28(2)(a) 3rd Counterfeiting a payment
instrument with intent to
defraud or possessing a
counterfeit payment instrument
with intent to defraud.
126
831.29 2nd Possession of instruments for
counterfeiting driver licenses
or identification cards.
127
836.13(2) 3rd Person who promotes an altered
sexual depiction of an
identifiable person without
consent.
128
838.021(3)(b) 3rd Threatens unlawful harm to
public servant.
129
860.15(3) 3rd Overcharging for repairs and
parts.
130
870.01(2) 3rd Riot.
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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
131
870.01(4) 3rd Inciting a riot.
132
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).
133
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.
134
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.
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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
135
893.13(4)(c) 3rd Use or hire of minor; deliver
to minor other controlled
substances.
136
893.13(6)(a) 3rd Possession of any controlled
substance other than felony
possession of cannabis.
137
893.13(7)(a)8. 3rd Withhold information from
practitioner regarding previous
receipt of or prescription for
a controlled substance.
138
893.13(7)(a)9. 3rd Obtain or attempt to obtain
controlled substance by fraud,
forgery, misrepresentation,
etc.
139
893.13(7)(a)10. 3rd Affix false or forged label to
package of controlled
substance.
140
893.13(7)(a)11. 3rd Furnish false or fraudulent
material information on any
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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
document or record required by
chapter 893.
141
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.
142
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.
143
893.13(8)(a)3. 3rd Knowingly write a prescription
for a controlled substance for
a fictitious person.
144
893.13(8)(a)4. 3rd Write a prescription for a
controlled substance for a
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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
patient, other person, or an
animal if the sole purpose of
writing the prescription is a
monetary benefit for the
practitioner.
145
918.13(1) 3rd Tampering with or fabricating
physical evidence.
146
944.47
(1)(a)1. & 2.
3rd Introduce contraband to
correctional facility.
147
944.47(1)(c) 2nd Possess contraband while upon
the grounds of a correctional
institution.
148
985.721 3rd Escapes from a juvenile
facility (secure detention or
residential commitment
facility).
149
(e) LEVEL 5 150
151
Florida
Statute
Felony
Degree Description
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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
152
316.027(2)(a) 3rd Accidents involving personal
injuries other than serious
bodily injury, failure to stop;
leaving scene.
153
316.1935(4)(a) 2nd Aggravated fleeing or eluding.
154
316.80(2) 2nd Unlawful conveyance of fuel;
obtaining fuel fraudulently.
155
322.34(6) 3rd Careless operation of motor
vehicle with suspended license,
resulting in death or serious
bodily injury.
156
327.30(5) 3rd Vessel accidents involving
personal injury; leaving scene.
157
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
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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
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.
158
379.367(4) 3rd Willful molestation of a
commercial harvester's spiny
lobster trap, line, or buoy.
159
379.407(5)(b)3. 3rd Possession of 100 or more
undersized spiny lobsters.
160
381.0041(11)(b) 3rd Donate blood, plasma, or organs
knowing HIV positive.
161
440.10(1)(g) 2nd Failure to obtain workers'
compensation coverage.
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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
162
440.105(5) 2nd Unlawful solicitation for the
purpose of making workers'
compensation claims.
163
440.381(2) 3rd Submission of false,
misleading, or incomplete
information with the purpose of
avoiding or reducing workers'
compensation premiums.
164
624.401(4)(b)2. 2nd Transacting insurance without a
certificate or authority;
premium collected $20,000 or
more but less than $100,000.
165
626.902(1)(c) 2nd Representing an unauthorized
insurer; repeat offender.
166
790.01(3) 3rd Unlawful carrying of a
concealed firearm.
167
790.1501(3) 2nd Drive-by shooting.
168
790.162 2nd Threat to throw or discharge
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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
destructive device.
169
790.163(1) 2nd False report of bomb,
explosive, weapon of mass
destruction, or use of firearms
in violent manner.
170
790.221(1) 2nd Possession of short-barreled
shotgun or machine gun.
171
790.23 2nd Felons in possession of
firearms, ammunition, or
electronic weapons or devices.
172
796.05(1) 2nd Live on earnings of a
prostitute; 1st offense.
173
800.04(6)(c) 3rd Lewd or lascivious conduct;
offender less than 18 years of
age.
174
800.04(7)(b) 2nd Lewd or lascivious exhibition;
offender 18 years of age or
older.
175
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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
806.111(1) 3rd Possess, manufacture, or
dispense fire bomb with intent
to damage any structure or
property.
176
812.0145(2)(b) 2nd Theft from person 65 years of
age or older; $10,000 or more
but less than $50,000.
177
812.015
(8)(a) & (c)-
(e)
3rd Retail theft; property stolen
is valued at $750 or more and
one or more specified acts.
178
812.015(8)(f) 3rd Retail theft; multiple thefts
within specified period.
179
812.019(1) 2nd Stolen property; dealing in or
trafficking in.
180
812.081(3) 2nd Trafficking in trade secrets.
181
812.131(2)(b) 3rd Robbery by sudden snatching.
182
812.16(2) 3rd Owning, operating, or
conducting a chop shop.
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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
183
817.034(4)(a)2. 2nd Communications fraud, value
$20,000 to $50,000.
184
817.234(11)(b) 2nd Insurance fraud; property value
$20,000 or more but less than
$100,000.
185
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.
186
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.
187
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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
817.611(2)(a) 2nd Traffic in or possess 5 to 14
counterfeit credit cards or
related documents.
188
817.625(2)(b) 2nd Second or subsequent fraudulent
use of scanning device,
skimming device, or reencoder.
189
825.1025(4) 3rd Lewd or lascivious exhibition
in the presence of an elderly
person or disabled adult.
190
827.071(4) 2nd Possess with intent to promote
any photographic material,
motion picture, etc., which
includes child pornography.
191
827.071(5) 3rd Possess, control, or
intentionally view any
photographic material, motion
picture, etc., which includes
child pornography.
192
828.12(2) 3rd Tortures any animal with intent
to inflict intense pain,
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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
serious physical injury, or
death.
193
836.14(4) 2nd Person who willfully promotes
for financial gain a sexually
explicit image of an
identifiable person without
consent.
194
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.
195
843.01(1) 3rd Resist officer with violence to
person; resist arrest with
violence.
196
847.0135(5)(b) 2nd Lewd or lascivious exhibition
using computer; offende r 18
years or older.
197
847.0137
(2) & (3)
3rd Transmission of pornography by
electronic device or equipment.
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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
198
847.0138
(2) & (3)
3rd Transmission of material
harmful to minors to a minor by
electronic device or equipment.
199
874.05(1)(b) 2nd Encouraging or recruiting
another to join a criminal
gang; second or subsequent
offense.
200
874.05(2)(a) 2nd Encouraging or recruiting
person under 13 years of age to
join a criminal gang.
201
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).
202
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.,
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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
(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.
203
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.
204
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.
HB 807 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0807-00
Page 26 of 26
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
205
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.
206
893.13(4)(b) 2nd Use or hire of minor; deliver
to minor other controlled
substance.
207
893.1351(1) 3rd Ownership, lease, or rental for
trafficking in or manufacturing
of controlled substance.
208
Section 6. This act shall t ake effect October 1, 2024. 209