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Florida Statute 790.22 | Lawyer Caselaw & Research
F.S. 790.22 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 790
WEAPONS AND FIREARMS
View Entire Chapter
F.S. 790.22
790.22 Use of BB guns, air or gas-operated guns, or electric weapons or devices by minor under 16; limitation; possession of firearms by minor under 18 prohibited; penalties.
(1) The use for any purpose whatsoever of BB guns, air or gas-operated guns, or electric weapons or devices, by any minor under the age of 16 years is prohibited unless such use is under the supervision and in the presence of an adult who is acting with the consent of the minor’s parent.
(2) Any adult responsible for the welfare of any child under the age of 16 years who knowingly permits such child to use or have in his or her possession any BB gun, air or gas-operated gun, electric weapon or device, or firearm in violation of the provisions of subsection (1) of this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(3) A minor under 18 years of age may not possess a firearm, other than an unloaded firearm at his or her home, unless:
(a) The minor is engaged in a lawful hunting activity and is:
1. At least 16 years of age; or
2. Under 16 years of age and supervised by an adult.
(b) The minor is engaged in a lawful marksmanship competition or practice or other lawful recreational shooting activity and is:
1. At least 16 years of age; or
2. Under 16 years of age and supervised by an adult who is acting with the consent of the minor’s parent or guardian.
(c) The firearm is unloaded and is being transported by the minor directly to or from an event authorized in paragraph (a) or paragraph (b).
(4)(a) Any parent or guardian of a minor, or other adult responsible for the welfare of a minor, who knowingly and willfully permits the minor to possess a firearm in violation of subsection (3) commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(b) Any natural parent or adoptive parent, whether custodial or noncustodial, or any legal guardian or legal custodian of a minor, if that minor possesses a firearm in violation of subsection (3) may, if the court finds it appropriate, be required to participate in classes on parenting education which are approved by the Department of Juvenile Justice, upon the first conviction of the minor. Upon any subsequent conviction of the minor, the court may, if the court finds it appropriate, require the parent to attend further parent education classes or render community service hours together with the child.
(c) The juvenile justice circuit advisory boards or the Department of Juvenile Justice shall establish appropriate community service programs to be available to the alternative sanctions coordinators of the circuit courts in implementing this subsection. The boards or department shall propose the implementation of a community service program in each circuit, and may submit a circuit plan, to be implemented upon approval of the circuit alternative sanctions coordinator.
(d) For the purposes of this section, community service may be provided on public property as well as on private property with the expressed permission of the property owner. Any community service provided on private property is limited to such things as removal of graffiti and restoration of vandalized property.
(5)(a) A minor who violates subsection (3) commits a misdemeanor of the first degree; for a first offense, may serve a period of detention of up to 5 days in a secure detention facility; and, in addition to any other penalty provided by law, shall be required to perform 100 hours of community service; and:
1. If the minor is eligible by reason of age for a driver license or driving privilege, the court may direct the Department of Highway Safety and Motor Vehicles to revoke or to withhold issuance of the minor’s driver license or driving privilege for up to 1 year.
2. If the minor’s driver license or driving privilege is under suspension or revocation for any reason, the court may direct the Department of Highway Safety and Motor Vehicles to extend the period of suspension or revocation by an additional period of up to 1 year.
3. If the minor is ineligible by reason of age for a driver license or driving privilege, the court may direct the Department of Highway Safety and Motor Vehicles to withhold issuance of the minor’s driver license or driving privilege for up to 1 year after the date on which the minor would otherwise have become eligible.
(b) For a second or subsequent offense, a minor who violates subsection (3) commits a felony of the third degree and shall serve a period of detention of up to 21 days in a secure detention facility and shall be required to perform not less than 100 nor more than 250 hours of community service, and:
1. If the minor is eligible by reason of age for a driver license or driving privilege, the court may direct the Department of Highway Safety and Motor Vehicles to revoke or to withhold issuance of the minor’s driver license or driving privilege for up to 2 years.
2. If the minor’s driver license or driving privilege is under suspension or revocation for any reason, the court may direct the Department of Highway Safety and Motor Vehicles to extend the period of suspension or revocation by an additional period of up to 2 years.
3. If the minor is ineligible by reason of age for a driver license or driving privilege, the court may direct the Department of Highway Safety and Motor Vehicles to withhold issuance of the minor’s driver license or driving privilege for up to 2 years after the date on which the minor would otherwise have become eligible.

For the purposes of this subsection, community service shall be performed, if possible, in a manner involving a hospital emergency room or other medical environment that deals on a regular basis with trauma patients and gunshot wounds.

(6) Any firearm that is possessed or used by a minor in violation of this section shall be promptly seized by a law enforcement officer and disposed of in accordance with s. 790.08(1)-(6).
(7) The provisions of this section are supplemental to all other provisions of law relating to the possession, use, or exhibition of a firearm.
(8) Notwithstanding s. 985.24 or s. 985.25(1), if a minor is charged with an offense that involves the use or possession of a firearm, including a violation of subsection (3), or is charged for any offense during the commission of which the minor possessed a firearm, the minor shall be detained in secure detention, unless the state attorney authorizes the release of the minor, and shall be given a hearing within 24 hours after being taken into custody. At the hearing, the court may order that the minor continue to be held in secure detention in accordance with the applicable time periods specified in s. 985.26(1)-(5), if the court finds that the minor meets the criteria specified in s. 985.255, or if the court finds by clear and convincing evidence that the minor is a clear and present danger to himself or herself or the community. The Department of Juvenile Justice shall prepare a form for all minors charged under this subsection which states the period of detention and the relevant demographic information, including, but not limited to, the gender, age, and race of the minor; whether or not the minor was represented by private counsel or a public defender; the current offense; and the minor’s complete prior record, including any pending cases. The form shall be provided to the judge for determining whether the minor should be continued in secure detention under this subsection. An order placing a minor in secure detention because the minor is a clear and present danger to himself or herself or the community must be in writing, must specify the need for detention and the benefits derived by the minor or the community by placing the minor in secure detention, and must include a copy of the form provided by the department.
(9) Notwithstanding s. 985.245, if the minor is found to have committed an offense that involves the use or possession of a firearm, as defined in s. 790.001, other than a violation of subsection (3), or an offense during the commission of which the minor possessed a firearm, and the minor is not committed to a residential commitment program of the Department of Juvenile Justice, in addition to any other punishment provided by law, the court shall order:
(a) For a first offense, that the minor shall serve a minimum period of detention of 15 days in a secure detention facility; and
1. Perform 100 hours of community service; and may
2. Be placed on community control or in a nonresidential commitment program.
(b) For a second or subsequent offense, that the minor shall serve a mandatory period of detention of at least 21 days in a secure detention facility; and
1. Perform not less than 100 nor more than 250 hours of community service; and may
2. Be placed on community control or in a nonresidential commitment program.

The minor shall not receive credit for time served before adjudication. For the purposes of this subsection, community service shall be performed, if possible, in a manner involving a hospital emergency room or other medical environment that deals on a regular basis with trauma patients and gunshot wounds.

(10) If a minor is found to have committed an offense under subsection (9), the court shall impose the following penalties in addition to any penalty imposed under paragraph (9)(a) or paragraph (9)(b):
(a) For a first offense:
1. If the minor is eligible by reason of age for a driver license or driving privilege, the court may direct the Department of Highway Safety and Motor Vehicles to revoke or to withhold issuance of the minor’s driver license or driving privilege for up to 1 year.
2. If the minor’s driver license or driving privilege is under suspension or revocation for any reason, the court may direct the Department of Highway Safety and Motor Vehicles to extend the period of suspension or revocation by an additional period for up to 1 year.
3. If the minor is ineligible by reason of age for a driver license or driving privilege, the court may direct the Department of Highway Safety and Motor Vehicles to withhold issuance of the minor’s driver license or driving privilege for up to 1 year after the date on which the minor would otherwise have become eligible.
(b) For a second or subsequent offense:
1. If the minor is eligible by reason of age for a driver license or driving privilege, the court may direct the Department of Highway Safety and Motor Vehicles to revoke or to withhold issuance of the minor’s driver license or driving privilege for up to 2 years.
2. If the minor’s driver license or driving privilege is under suspension or revocation for any reason, the court may direct the Department of Highway Safety and Motor Vehicles to extend the period of suspension or revocation by an additional period for up to 2 years.
3. If the minor is ineligible by reason of age for a driver license or driving privilege, the court may direct the Department of Highway Safety and Motor Vehicles to withhold issuance of the minor’s driver license or driving privilege for up to 2 years after the date on which the minor would otherwise have become eligible.
History.ss. 1, 2, ch. 26946, 1951; s. 8, ch. 69-306; s. 753, ch. 71-136; s. 2, ch. 76-165; s. 177, ch. 91-224; s. 5, ch. 93-416; s. 29, ch. 95-267; s. 6, ch. 96-398; s. 1817, ch. 97-102; s. 32, ch. 98-136; s. 50, ch. 98-280; s. 1, ch. 99-284; s. 10, ch. 2000-135; s. 113, ch. 2006-120; s. 160, ch. 2010-102; s. 2, ch. 2013-118; s. 9, ch. 2017-164; s. 33, ch. 2019-167; s. 2, ch. 2023-87.

F.S. 790.22 on Google Scholar

F.S. 790.22 on Casetext

Amendments to 790.22


Arrestable Offenses / Crimes under Fla. Stat. 790.22
Level: Degree
Misdemeanor/Felony: First/Second/Third

S790.22 2 - WEAPON OFFENSE - ADULT PERMITS UNDER 16 YOA TO POSSESS WEAPON - M: S
S790.22 3 - WEAPON OFFENSE - UNDER 18 YOA UNLAWFUL POSS FIREARM - M: F
S790.22 3 - WEAPON OFFENSE - UNDER 18 UNLAWFUL POSSESS FIREARM SUBSQ OFF - F: T
S790.22 4a - WEAPON OFFENSE - PARENT GUARDIAN ALLOW UNLAWFUL POSS FIREARM - F: T
S790.22 5a - WEAPON OFFENSE - UNDER 18 YOA UNLAWFUL POSS FIREARM - M: F
S790.22 5b - WEAPON OFFENSE - UNDER 18 UNLAWFUL POSS FIREARM SUBSQ OFF - F: T


Civil Citations / Citable Offenses under S790.22
R or S next to points is Mandatory Revocation or Suspension

S790.22 (3) Unlawful possession of a firearm by a minor under 18 years of age [See 790.22(5) - Points on Drivers License: 0 R
S790.22 (9) Committing offense/use/possession of a firearm by minor under 18 years of age [See 790.22(10)] - Points on Drivers License: 0 R
S790.22 (9) Committing offense/use/possession of a firearm by minor under 18 years of age [See 790.22(10)] Note 22 Do not send Court Orders unless Court directs Revocation/Suspension. - Points on Drivers License: 0


Annotations, Discussions, Cases:

Cases from cite.case.law:

WEITZ, DOC v. STATE, 275 So. 3d 707 (Fla. App. Ct. 2019)

. . . of law relating to the possession, use, or exhibition of a firearm' " (emphasis omitted) (quoting § 790.22 . . .

S. H. a v. STATE, 264 So. 3d 1042 (Fla. App. Ct. 2019)

. . . discharging weapons or firearms at a school-sponsored event or on school property prohibited"), and 790.22 . . .

IN RE AMENDMENTS TO FLORIDA RULES OF JUVENILE PROCEDURE REGULAR- CYCLE REPORT., 258 So. 3d 1254 (Fla. 2018)

. . . 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 . . .

STATE v. I. J. a, 258 So. 3d 473 (Fla. App. Ct. 2018)

. . . 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. . . .

SULLIVAN, v. PJ UNITED, INC., 362 F. Supp. 3d 1139 (N.D. Ala. 2018)

. . . . § 790.22(b) ("The conditions prescribed as prerequisites to ... an exercise of discretion [to not award . . .

A. P. v. STATE, 250 So. 3d 799 (Fla. App. Ct. 2018)

. . . A.P. was charged with violating section 790.22(3), Florida Statutes (2015), which makes it a crime for . . .

J. J. J. v. STATE, 235 So. 3d 1014 (Fla. Dist. Ct. App. 2017)

. . . See § 790.22(3), (5), Fla, Stat. (2014). . . .

MARTIN, Jr. v. UNITED STATES, v., 130 Fed. Cl. 578 (Fed. Cl. 2017)

. . . . § 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 . . .

LEE, v. MEGAMART, INC., 223 F. Supp. 3d 1292 (N.D. Ga. 2016)

. . . . § 790.22(c)). . . .

FLORES Vy v. CITY OF SAN GABRIEL,, 824 F.3d 890 (9th Cir. 2016)

. . . . § 790.22(c)). . . .

L. DEAN, v. NORTHSIDE DRIVE, INC., 224 F. Supp. 3d 1302 (N.D. Ga. 2016)

. . . . § 790.22(b). . . . FLSA] are mixed questions of fact and law, which should be determined by objective tests.” 29 C.F.R. § 790.22 . . .

CALDERON, L. F. Jr. Jr. Jr. Jr. v. GEICO GENERAL INSURANCE COMPANY L. F. Jr. Jr. Jr. Jr. v., 809 F.3d 111 (4th Cir. 2015)

. . . . § 790.22(c), and establishing either element is sufficient to satisfy the statute. . . .

REYES, v. AQUA LIFE CORP., 632 F. App'x 552 (11th Cir. 2015)

. . . . § 790.22(c)). . . .

FLORIDA CARRY, INC. v. UNIVERSITY OF FLORIDA,, 180 So. 3d 137 (Fla. Dist. Ct. App. 2015)

. . . 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 . . .

RANDOLPH, v. POWERCOMM CONSTRUCTION, INC., 309 F.R.D. 349 (D. Md. 2015)

. . . . § 790.22(a)-(b). . . .

STATE v. SHELLEY,, 176 So. 3d 914 (Fla. 2015)

. . . other provisions of law relating to the possession, use, or exhibition of a firearm’ ”) (quoting § 790.22 . . .

REYNOSO, v. MOTEL LLC, d b a, 71 F. Supp. 3d 792 (N.D. Ill. 2014)

. . . . § 790.22 n.137). . . .

E. BAUTISTA HERNANDEZ, v. TADALA S NURSERY, INC., 34 F. Supp. 3d 1229 (S.D. Fla. 2014)

. . . . § 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 . . .

K. C. v. STATE, 147 So. 3d 552 (Fla. Dist. Ct. App. 2014)

. . . , 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 . . .

SHELLEY, v. STATE, 134 So. 3d 1138 (Fla. Dist. Ct. App. 2014)

. . . that ‘[t]he provisions of this section are supplemental to all other provisions of law1 ” (quoting § 790.22 . . .

K. D. T. v. STATE, 128 So. 3d 254 (Fla. Dist. Ct. App. 2013)

. . . State petitioned to have K.D.T. declared delinquent for being a minor in possession of a firearm, § 790.22 . . .

In AMENDMENTS TO FLORIDA RULES OF JUVENILE PROCEDURE, 123 So. 3d 1128 (Fla. 2013)

. . . .); ch. 2013-162 (amending various statutes); § 790.22(9), Fla. Stat. . . .

L. S. a v. STATE, 120 So. 3d 55 (Fla. Dist. Ct. App. 2013)

. . . 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. . . .

N. H. v. STATE, 111 So. 3d 950 (Fla. Dist. Ct. App. 2013)

. . . Stat. (2011), and possession of a firearm by a minor, § 790.22(3), (5). . . .

V. F. a v. STATE, 93 So. 3d 526 (Fla. Dist. Ct. App. 2012)

. . . 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 . . .

G. ABBEY, v. UNITED STATES,, 106 Fed. Cl. 254 (Fed. Cl. 2012)

. . . . § 790.22(b) (2011). C. . . .

MACKEY, v. STATE, 83 So. 3d 942 (Fla. Dist. Ct. App. 2012)

. . . Stat. (2010) (prohibiting the open carrying of a firearm); § 790.22(3) Fla. . . .

FUENTES, v. CAI INTERNATIONAL, INC. a A., 728 F. Supp. 2d 1347 (S.D. Fla. 2010)

. . . . § 790.22(c) (1987) ... [That test has] both subjective and objective components.” Id. . . .

REGALADO, v. STATE, 25 So. 3d 600 (Fla. Dist. Ct. App. 2009)

. . . See § 790.22, Fla. Stat. (1997). . . .

B. O. v. STATE, 25 So. 3d 586 (Fla. Dist. Ct. App. 2009)

. . . 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 . . .

M. A. M. v. VURRO,, 2 So. 3d 388 (Fla. Dist. Ct. App. 2009)

. . . R.F., 648 So.2d 293, 294 (Fla. 3d DCA 1995) (construing the term "day” in section 790.22(9)(a), Florida . . .

BOLWARE, v. STATE, 995 So. 2d 268 (Fla. 2008)

. . . . § 790.22(5)(a) (expressly makes suspension of driving privileges a part of the penalty for a minor . . .

STATE v. C. R., 959 So. 2d 1249 (Fla. Dist. Ct. App. 2007)

. . . 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 v. J. Z. a, 957 So. 2d 45 (Fla. Dist. Ct. App. 2007)

. . . 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 . . .

REYES, v. TEXAS EZPAWN, L. P., 459 F. Supp. 2d 546 (S.D. Tex. 2006)

. . . . § 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. . . . .

D. T. C. a v. STATE, 933 So. 2d 1238 (Fla. Dist. Ct. App. 2006)

. . . See § 790.22(5)(a), Fla. . . .

J. E. S. a v. STATE, 931 So. 2d 276 (Fla. Dist. Ct. App. 2006)

. . . .§ 790.22(3), Fla. Stat. (2004). . . .

LOPEZ- VAZQUEZ, v. STATE, 931 So. 2d 231 (Fla. Dist. Ct. App. 2006)

. . . 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)). . . .

B. B. J. M. a v. P. J. M. K. M., 933 So. 2d 57 (Fla. Dist. Ct. App. 2006)

. . . potential criminal liability for his minor child’s unsupervised possession of a firearm under section 790.22 . . .

W. BULL, v. UNITED STATES,, 68 Fed. Cl. 212 (Fed. Cl. 2005)

. . . . § 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 . . .

GORDAY, v. STATE, 907 So. 2d 640 (Fla. Dist. Ct. App. 2005)

. . . Section 790.22(7) ... provides that ‘[t]he provisions of this section are supplemental to all other provisions . . .

L. BALDWIN, v. STATE, 857 So. 2d 249 (Fla. Dist. Ct. App. 2003)

. . . , 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 . . .

NORTH FLORIDA WOMEN S HEALTH AND COUNSELING SERVICES, INC. v. STATE, 866 So. 2d 612 (Fla. 2003)

. . . Stat. (2002), possession and use of firearms, see § 790.22(1), (3), Fla. . . .

D. PRICKETT, v. DEKALB COUNTY,, 276 F. Supp. 2d 1265 (N.D. Ga. 2003)

. . . . § 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 . . .

STATE v. R. C. S. a, 837 So. 2d 517 (Fla. Dist. Ct. App. 2003)

. . . 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 . . .

LANE, v. MRA HOLDINGS, LLC d b a MRA AMX LLC, 242 F. Supp. 2d 1205 (M.D. Fla. 2002)

. . . . § 790.22 ("The use for any purpose whatsoever of BB guns, air or gas-operated guns, or electric weapons . . .

MARTIN v. INDIANA MICHIGAN POWER COMPANY, d b a, 292 F. Supp. 2d 947 (W.D. Mich. 2002)

. . . . § 790.22 (“Under this provision of the law, the courts have held that the liability of an employer . . .

STATE v. S. T. a, 803 So. 2d 782 (Fla. Dist. Ct. App. 2001)

. . . 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 . . .

R. F. a v. STATE, 798 So. 2d 17 (Fla. Dist. Ct. App. 2001)

. . . WAS PROCESSED AND CHARGED WITH POSSESSION OF A LOADED FIREARM BY A MINOR PER F.S.S. 790.22(3). . . .

BLOCK B. G. v. CITY OF LOS ANGELES, B. G. v. B. G. v., 253 F.3d 410 (9th Cir. 2001)

. . . . § 790.22(b). The statute thus establishes a test with both subjective and objective components. . . .

UNITED STATES v. LOE, Jr. C. D. s v. s v. s v. s, 248 F.3d 449 (5th Cir. 2001)

. . . Applying the facts of the instant case, "dirty” funds ($470,-790.22) comprised approximately 21 per cent . . .

T. S. v. CLEMONS,, 770 So. 2d 197 (Fla. Dist. Ct. App. 2000)

. . . 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 . . .

STATE v. ANDERSON,, 764 So. 2d 848 (Fla. Dist. Ct. App. 2000)

. . . following: 1 .... a person using weapons or firearms in violation of ss. 790.07-790.12, 790.14-790.19, 790.22 . . .

STATE v. P. P. a, 763 So. 2d 554 (Fla. Dist. Ct. App. 2000)

. . . 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 . . .

In J. ORR,, 234 B.R. 249 (Bankr. N.D.N.Y. 1999)

. . . $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 . . .

STATE v. A. B. a, 725 So. 2d 1263 (Fla. Dist. Ct. App. 1999)

. . . 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. . . .

J. L. a v. STATE, 727 So. 2d 204 (Fla. 1998)

. . . See § 790.22, Fla. Stat. (1997). . . . . § 790.22(3), Fla. Stat. (1995). . . .

STATE v. E. D. P. a, 724 So. 2d 1144 (Fla. 1998)

. . . 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 . . .

N. CLEVELAND, v. STATE, 717 So. 2d 188 (Fla. Dist. Ct. App. 1998)

. . . . § 790.22(3), Fla. Stat. .§ 843.02, Fla. Stat. . . .

S. C. a v. PETERSON, St., 718 So. 2d 220 (Fla. Dist. Ct. App. 1998)

. . . whether a juvenile had been “committed to a residential commitment program” within the meaning of section 790.22 . . .

STATE v. R. L. S. a, 712 So. 2d 1220 (Fla. Dist. Ct. App. 1998)

. . . 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 . . .

TERWILLIGER v. HOME OF HOPE, INC., 21 F. Supp. 2d 1294 (N.D. Okla. 1998)

. . . . § 790.22(b). . . .

N. M. R. A v. STATE, 711 So. 2d 145 (Fla. Dist. Ct. App. 1998)

. . . 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 . . .

D. P. a v. STATE, 705 So. 2d 593 (Fla. Dist. Ct. App. 1997)

. . . 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). . . .

T. M. a v. STATE, 701 So. 2d 1221 (Fla. Dist. Ct. App. 1997)

. . . 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 . . .

A. SACK, v. MIAMI HELICOPTER SERVICE, INC. a, 986 F. Supp. 1456 (S.D. Fla. 1997)

. . . . § 790.22(b). . . .

L. G. a v. STATE, 693 So. 2d 1020 (Fla. Dist. Ct. App. 1997)

. . . L.G. was also adjudicated delinquent for violation of subsection 790.22(3), Florida Statutes, which prohibits . . .

SANDERS, v. ELEPHANT BUTTE IRRIGATION DISTRICT OF NEW MEXICO,, 112 F.3d 468 (10th Cir. 1997)

. . . . § 790.22(e). . . .

T. M. a v. STATE, 689 So. 2d 443 (Fla. Dist. Ct. App. 1997)

. . . 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 . . .

M. K. T. A v. STATE, 685 So. 2d 995 (Fla. Dist. Ct. App. 1997)

. . . was never charged or adjudicated delinquent for possession of a firearm by a minor under subsections 790.22 . . .

M. P. a v. STATE, 682 So. 2d 79 (Fla. 1996)

. . . 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 . . .

LOCAL UTILITY WORKERS UNION OF AMERICA R. v. SOUTHERN CALIFORNIA EDISON COMPANY,, 83 F.3d 292 (9th Cir. 1996)

. . . . § 790.22(c). . . .

T. DYSON, v. STATE, 670 So. 2d 1196 (Fla. Dist. Ct. App. 1996)

. . . . § 790.22, Fla.Stat. (1995). .§ 790.23, Fla.Stat. (1995). . . .

M. P. a v. STATE, 662 So. 2d 1359 (Fla. Dist. Ct. App. 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. a v. WIMBERLY,, 660 So. 2d 1130 (Fla. Dist. Ct. App. 1995)

. . . 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 . . .

M. P. C. a v. STATE, 659 So. 2d 1293 (Fla. Dist. Ct. App. 1995)

. . . .§ 790.22(3), Fla.Stat. (Supp.1994). . . .

STATE v. R. O. a, 656 So. 2d 291 (Fla. Dist. Ct. App. 1995)

. . . remanded to the trial court with instructions to impose 100 hours of community service pursuant to section 790.22 . . .

In A. J. H. a v. STATE, 652 So. 2d 1279 (Fla. Dist. Ct. App. 1995)

. . . 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 . . .

STATE v. R. F. a, 648 So. 2d 293 (Fla. Dist. Ct. App. 1995)

. . . 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 . . .

T. L. W. A v. A. C. SOUD, Jr. L. W. A v. CRENSHAW, Jr., 645 So. 2d 1101 (Fla. Dist. Ct. App. 1994)

. . . 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 . . .

YOURMAN, v. N. DINKINS,, 865 F. Supp. 154 (S.D.N.Y. 1994)

. . . . § 790.22(b). . . .

MILLS, v. STATE OF MAINE,, 853 F. Supp. 551 (D. Me. 1994)

. . . . § 790.22(b); Martin v. Cooper Elec. . . .

B. REICH, v. TILLER HELICOPTER SERVICES, INC. J. Sr., 8 F.3d 1018 (5th Cir. 1993)

. . . . §§ 790.15 and 790.22(c). . . .

J. J. a v. STATE, 620 So. 2d 1139 (Fla. Dist. Ct. App. 1993)

. . . 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 . . .

SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL v. COUNTY OF SAN DIEGO,, 784 F. Supp. 1503 (S.D. Cal. 1992)

. . . . § 790.22(b) (“(1) The employers must show ... that the act or omission giving rise to such action was . . .

BIGGS v. WILSON, A. A., 828 F. Supp. 774 (E.D. Cal. 1991)

. . . . § 790.22(c) (1987). . . .

DYBACH, v. STATE OF FLORIDA DEPARTMENT OF CORRECTIONS,, 942 F.2d 1562 (11th Cir. 1991)

. . . . § 790.22(c) (1987).... [That test has] both subjective and objective components.” Bratt v. . . .

R. YORK, v. CITY OF WICHITA FALLS, TEXAS,, 763 F. Supp. 876 (N.D. Tex. 1990)

. . . . § 790.22(a) n. 137. . . .

E. BRATT S. Jr. W. v. COUNTY OF LOS ANGELES,, 912 F.2d 1066 (9th Cir. 1990)

. . . . § 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. . . .

A. HULTGREN, v. COUNTY OF LANCASTER,, 753 F. Supp. 809 (D. Neb. 1990)

. . . . § 790.22(c) states: What constitutes good faith on part the part of an employer and whether he had . . .

MIRELES, v. FRIO FOODS, INC., 899 F.2d 1407 (5th Cir. 1990)

. . . both in good faith and predicated upon ... reasonable grounds” (emphasis added)); see also 29 C.F.R. 790.22 . . .

RACHEL CONCEPCION, AMERICAN INTERNATIONAL KNITTERS CORPORATION WILLIE TAN,, 2 N. Mar. I. Commw. 939 (D. N. Mar. I. 1986)

. . . . §790.22. . . .

SOLER, v. G U, INC. d b a S. FLING, v. PEAT- GRO FARMS, INC. LIVAS, v. BIERSTINE FARMS, INC. GONZALEZ, v. CEDAR VALLEY GROWERS, INC. VALENTIN, v. MYRUSKI, ENCARNACION, v. W. K. W. FARMS, INC., 628 F. Supp. 720 (S.D.N.Y. 1986)

. . . . § 790.22 (1985). . . . .

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION v. STATE OF RHODE ISLAND, 549 F. Supp. 60 (D.R.I. 1982)

. . . Section 790.22 (1981). The amount of such award shall be equal to the amount due as back wages. . . .

M. THOMPSON, v. L. SAWYER, Jr. M. THOMPSON, v. L. SAWYER, Jr. M. THOMPSON, v. L. SAWYER, Jr. M. THOMPSON, v. L. SAWYER, Jr., 678 F.2d 257 (D.C. Cir. 1982)

. . . . § 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 . . .

MELANSON v. RANTOUL,, 536 F. Supp. 271 (D.R.I. 1982)

. . . . § 790.22 (1981); Laffey, supra, at 464-65, and Nitterright v. . . .

RODRIGUEZ, v. ESQUIJAROSA,, 391 So. 2d 334 (Fla. Dist. Ct. App. 1980)

. . . welfare of the child and thus not vicariously responsible for the child’s misuse of the gun under Section 790.22 . . .

V. FUTRAN, v. RING RADIO COMPANY,, 501 F. Supp. 734 (N.D. Ga. 1980)

. . . . § 790.22; Weisel v. . . .

S. QUEST v. JOSEPH,, 392 So. 2d 256 (Fla. Dist. Ct. App. 1980)

. . . See, e.g., § 790.22, Fla.Stat. (1979); § 322.09(2), Fla.Stat. (1979). . . . .

JIMENEZ, Jr. v. ZAYRE CORPORATION, 374 So. 2d 28 (Fla. Dist. Ct. App. 1979)

. . . This conclusion is made clear by the fact that the legislature specifically treated BB guns in Sec. 790.22 . . .