A.B., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A minor was charged with possessing a knife on school campus in violation of Florida statute 790.115(2)(a). The court held that the statute's plain language prohibits all knives, including those that might qualify as common pocketknives, and that the statutory definition of 'weapon' does not limit the scope of 'knife' as used in the school weapons statute.
The statute's prohibition on knives at school applies to all knives, regardless of whether they might be characterized as common pocketknives. The definition of 'weapon' in section 790.001(18) does not limit what constitutes a 'knife' under section 790.115(2)(a), as these are separate statutory provisions and the legislature knew how to exclude common pocketknives if it intended to do so.
[1] A statute prohibiting possession of a weapon on school property applies to knives, even if they could be considered common pocketknives, unless possession is authorized f…
[2] The definition of "weapon" in section 790.001(18) does not exclude common pocketknives from the prohibition against possessing knives on school property under section 790…
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Join FLexlaw to unlock all legal intelligence“A weapon is one thing, and a knife is another. If the legislature had intended to exclude common pocket knives from section 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).”
Establishes the court's interpretation that the definition of 'weapon' does not control the meaning of 'knife' under the school weapons statute, and that the legislature could have excluded common pocketknives if it intended to.
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Join FLexlaw to unlock all legal intelligenceA.B., a child, was found with a knife at his middle school. The knife was a Gerber 650 model with a five-inch handle and a three-and-one-half-inch par…
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KLEIN, J.
A.B. was found with a knife at his middle school and charged with possession of a weapon on school campus in violation of section 790.115(2)(a), which provides in part:
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, at a school-sponsored event or on the property of any school, school bus, or school bus stop.
He argues that the knife, which had a three and one-half inch blade, was not a knife within the meaning of this statute. We disagree.
Appellant argues that the above statute must be read in conjunction with the definition contained in section 790.001(18):
“Weapon” means any dirk, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or any other deadly weapon except a firearm or a common pocketknife.
He then argues that his knife was merely a “common pocket knife,” and he did not therefore violate section 790.115(2)(a).1
We disagree with appellant that the definition of a weapon means that common pocket knives are not knives within the meaning of section 790.115(2)(a). A weapon is one thing, and a knife is another. If the legislature had intended to exclude common pocket knives from section 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). 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.
Affirmed.
TAYLOR, J., and SCOLA, ROBERT N., Jr., Associate Judge, concur. . No inference should be drawn from this opinion that we think that the knife in the present case is a common pocket knife. It is a Gerber 650, with a five inch handle and a three and one-half inch partially serrated blade.
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R.H. v. State, 56 So. 3d 156 (Fla. 4th DCA 2011)…n section 790.115(2) and included a special definition of “weapon” for that section. Instead, the legislature relied on a definition of “weapon” explicitly excluding the device R.H. possessed on school grounds. As the state concedes, A.B. v. State, 757 So. 2d 1241 (Fla. 4th DGA 2000), is inapplicable as it was based on an earlier version of the statute which outlawed the possession on school grounds of any “firearm, electric weapon or device, destructive device, or other weapon, including a razor blade, box c…
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State v. A.M., 765 So. 2d 927 (Fla. 2d DCA 2000)…from being exhibited on school grounds. Wé agree with 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…
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State v. Atrice Coleman, 802 So. 2d 422 (Fla. 3d DCA 2001)…section 790.115, as amended by the legislature in October 1997, includes a “common pocketknife,” such as the one involved in this case, among the weapons prohibited on school grounds. State v. A.M., 765 So. 2d 927 (Fla. 2d DCA 2000); A.B. v. State, 757 So. 2d 1241 (Fla. 4th DCA 2000); see C.A.J. v. State, 732 So. 2d 1228 (Fla. 5th DCA 1999) (Dauksch, J., concurring). Hence, dismissal was error. On remand, the court shall afford Coleman the option to withdraw his plea to the remaining misdemeanor counts. R…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- C.A.J. v. State, 732 So. 2d 1228 (Fla. 5th DCA 1999)
- Bostrom v. State, 732 So. 2d 1228 (Fla. 5th DCA 1999)