C.A.J., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
AFFIRMED.
COBB and GOSHORN, JJ„ concur.
DAUKSCH, J., concurs, with opinion.
DAUKSCH, J.,
concurring specially.
The question in this appeal is whether a person may lawfully possess a common pocketknife on school property, or at a school bus stop. The answer is no, unless “as authorized in school sanctioned activities.” § 790.115(2)(a). This statute became effective October 1, 1997 and is unique in its proscription of the common pocketknife because theretofore one could possess such at school. The legislature probably enacted this statute in response to the ruling in L.B. v. State, 700 So. 2d 370 (Fla.1997), which held that because the statutory definition of “weapon” at that time specifically excluded common pocketknives, see § 790.001(13), and the statute prohibiting weapons at school did not specifically define weapon, that the legislature must have intended the general definition which excluded common pocketknives.
Thus, the new statute is clear and is not vague in its wording that one cannot have any knife at school.
A person shall not possess any firearm, electric weapon or device, destructive device, or other weapon, including a razor blade, box cutter, or knife, except as authorized in support of school-sanctioned activities, on the property of any school, school bus, or school bus stop.
There was no error in refusing to dismiss the charges or in ruling the statute constitutional.
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State v. A.M., 765 So. 2d 927 (Fla. 2d DCA 2000)…h the State that pursuant to the October 1997 amendment to section 790.115,1 any “knife,” which we read to include even a “common pocketknife,” is prohibited on school grounds. See A.B. v. State, 757 So. 2d 1241 (Fla. 4th DCA 2000); C.A.J. v. State, 732 So. 2d 1228 (Fla. 5th DCA 1999) (Dauksch, J., concurring). Because this statute was in effect at the time of the offense, the trial court erred in granting the motion to dismiss. Accordingly, we reverse the order granting the motion to dismiss and remand to th…
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State v. Mendiola, 919 So. 2d 471 (Fla. 3d DCA 2005)…as to matters which arise after the sentence has begun; only the Department of Corrections has that authority. See Leiffer v. State, 867 So. 2d 538, 538 n. 1 (Fla. 5th DCA 2004); Cordova v. State, 855 So. 2d 216 (Fla. 3d DCA 2003); Bostrom v. State, 732 So. 2d 1228 (Fla. 5th DCA 1999); Reynolds, 590 So. 2d at 1044. But see Hester, 730 So. 2d at 748; Jones, 676 So. 2d at 84; Carson, 489 So. 2d at 1238. Although it is ordinarily preferable to avoid legal “churning,” State v. Rucker, 613 So. 2d 460, 462 (Fla.199…
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A.B. v. State, 757 So. 2d 1241 (Fla. 4th DCA 2000)…790.115(2)(a), which became effective in 1997, it knew how to do so, as exemplified by the previously existing definition of weapon contained in section 790.001(13). As Judge Dauksch explained in his specially concurring opinion in C.A.J. v. State, 732 So. 2d 1228 (Fla. 5th DCA 1999): The question in this appeal is whether a person may lawfully possess a common pocketknife on school property, or at a school bus stop. The answer is no, unless “as authorized in school sanctioned activities.” § 790.115(2)(a). T…
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- L.B. v. State, 700 So. 2d 370 (Fla. 1997)