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Florida Statute 552.22 | Lawyer Caselaw & Research
F.S. 552.22 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 552.22

The 2023 Florida Statutes (including Special Session C)

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS
Chapter 552
MANUFACTURE, DISTRIBUTION, AND USE OF EXPLOSIVES
View Entire Chapter
F.S. 552.22
552.22 Penalties.
(1) Any person who manufactures, purchases, transports, keeps, stores, possesses, distributes, sells, or uses any explosive with the intent to harm life, limb, or property is guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Manufacturing, purchasing, possessing, distributing, or selling an explosive under circumstances contrary to the provisions of this chapter or such regulations as are adopted pursuant thereto shall be prima facie evidence of an intent to use the explosive for destruction of life, limb, or property.
(2) Any person who possesses any explosive material, knowing or having reasonable cause to believe that such explosive material was stolen, is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) Any person who knowingly withholds information or presents to the division any false, fictitious, or misrepresented application, identification, document, information, statement, or data, intended or likely to deceive, for the purpose of obtaining an explosives license or permit is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(4) Any person who knowingly withholds information or makes any false or fictitious entry or misrepresentation upon any records required by s. 552.111 or s. 552.112 is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(5) Any person who is the holder of an explosives license or permit and who fails to report the loss, theft, or unexplained shortage of any explosive material as required by s. 552.113 is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(6) Any person who violates any order, rule, or regulation of the division, an order to cease and desist, or an order to correct conditions issued pursuant to this chapter is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(7) Any person who is the holder of an explosives license or permit and who abandons any explosive material is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(8) The license or permit of any person convicted of violating subsection (1) or subsection (2) is automatically and permanently revoked upon such conviction.
(9) The license or permit of any person convicted of violating subsection (3), subsection (4), subsection (5), subsection (6), or subsection (7) is automatically revoked upon such conviction, and the division shall not issue a license or permit to such person for 2 years from the date of such conviction.
(10) Any person who knowingly possesses an explosive in violation of the provisions of s. 552.101 is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
History.s. 7, ch. 29944, 1955; s. 9, ch. 59-83; s. 2, ch. 65-59; s. 548, ch. 71-136; s. 21, ch. 77-84; s. 224, ch. 79-400; s. 1, ch. 84-17; s. 145, ch. 91-224.
Note.Former s. 552.14.

F.S. 552.22 on Google Scholar

F.S. 552.22 on Casetext

Amendments to 552.22


Arrestable Offenses / Crimes under Fla. Stat. 552.22
Level: Degree
Misdemeanor/Felony: First/Second/Third

S552.22 1 - EXPLOSIVES-POSSESSING - MFG TRANSPORT ETC WIT TO HARM LIFE OR LIMB - F: S
S552.22 2 - POSSESS STOLEN PROP - EXPLOSIVE - F: T
S552.22 3 - FRAUD - MISREPRESENT INFORMATION OBTAIN EXPLOSIVE - M: F
S552.22 4 - FRAUD - MISREPRESENT REQUIRED EXPLOSIVES RECORD - M: F
S552.22 5 - WEAPON OFFENSE - FAIL TO REPORT THEFT OR SHORTAGE OF EXPLOSIVE - M: F
S552.22 6 - OBSTRUCT - VIOLATE CEASE AND DESIST ORDER - M: F
S552.22 7 - WEAPON OFFENSE - LICENSE HOLDER ABANDON EXPLOSIVE MATERIAL - M: F
S552.22 10 - EXPLOSIVES-POSSESSING - WITHOUT LICENSE - M: F



Annotations, Discussions, Cases:

Cases from cite.case.law:

W. ZIGLAR, v. ABBASI, D. v. v., 137 S. Ct. 1843 (U.S. 2017)

. . . that staff may "use only that amount of force necessary to [ensure prison safety and security]"); § 552.22 . . .

RABBANI, v. OBAMA,, 76 F. Supp. 3d 21 (D.D.C. 2014)

. . . . § 552.22(a), (c), with Dhiab, No. 05 Civ. 1457, ECF No. 350, Ex. 19A (JDG Procedure # 38, May 15, 2014 . . . noncompliant detainee “will be secured in his cell using the minimum amount of force necessary.” 28 C.F.R. § 552.22 . . .

UNITED STATES v. PEREZ,, 575 F.3d 164 (2d Cir. 2009)

. . . . §§ 0.96(o); 552.22®, 552.27. . . .

UNITED STATES v. JENNINGS,, 991 F.2d 725 (11th Cir. 1993)

. . . V, §'552.21(c), § 552.22(a) (7-1-91 ed.)). . . .

BRUSCINO, v. CARLSON,, 654 F. Supp. 609 (S.D. Ill. 1987)

. . . Section 552.22 allows prison staff to use “only that force necessary to gain control of the inmate.” . . . 28 C.F.R. § 552.22 (1986) (emphasis added). . . .

STATE v. HOAG, 419 So. 2d 416 (Fla. Dist. Ct. App. 1982)

. . . Defendants were charged in Counts 2 and 3 with violation of Sections 552.101 and 552.22, Florida Statutes . . . permit, ... and possesses such explosives for the purpose covered by the license or permit he holds.... 552.22 . . .

HERNANDEZ, v. STATE ROSENBLATT, v. STATE CLAY, v. STATE, 397 So. 2d 715 (Fla. Dist. Ct. App. 1981)

. . . stemming from the airport incident: Count 1: unlawful possession of explosive in violation of Section 552.22 . . . Count 10: unlawful possession of explosive in violation of Sections 552.101, 552.22, Fla.Stat., punishable . . .

DE LA COVA, v. STATE, 355 So. 2d 1227 (Fla. Dist. Ct. App. 1978)

. . . to-wit: DYNAMITE, with the intent to harm life, limb or property . . ” in contravention of Section 552.22 . . . DYNAMITE, without having a license or permit thereof . . . ” in contravention of Sections 552.101 and 552.22 . . . The information recites that the act was done in violation of “552.22, Florida Statutes (1975).” . . . It is argued that no substantive provision of Section 552.22 makes it a crime to possess dynamite with . . . which prohibits sentencing for multiple offenses when one or more offenses are included offenses. . “552.22 . . .

DEARING, Jr. v. STATE, 348 So. 2d 1233 (Fla. Dist. Ct. App. 1977)

. . . entered upon a jury verdict for unlawful possession of explosives without a permit [Sections 552.101, 552.22 . . .

UNITED STATES v. METRO CONSTRUCTION COMPANY, INC., 439 F. Supp. 308 (C.D. Cal. 1977)

. . . as other payroll costs, and (e) that the amount of Wanka’s bank account on December 16, 1971, was $552.22 . . .

HENRY, v. STATE, 344 So. 2d 1311 (Fla. Dist. Ct. App. 1977)

. . . DYNAMITE AND PRIMER CORD, without having a license or permit therefor, in violation of 552.101 and 552.22 . . .

NORRIS, v. STATE, 249 So. 2d 746 (Fla. Dist. Ct. App. 1971)

. . . property” as distinguished from a possession which was a “knowing violation” as set forth in Section 552.22 . . . because of the jury’s failure to make this distinction and the existence of ambiguities within Section 552.22 . . .

S. S. H. C. M. v., 39 B.T.A. 17 (B.T.A. 1939)

. . . The respondent admits error in the disallowance of the deductions of $68.43, $1,631.71, and $41,-552.22 . . .

ALPHA PORTLAND CEMENT COMPANY v. COMMONWEALTH OF MASSACHUSETTS, 268 U.S. 203 (U.S. 1925)

. . . '=7, 552.22 Net income.....................!...... . . .