Category: FL-Specific Laws · Statute: F.S. 790.115 · Source: Florida Legislature
Understanding Zero Tolerance Weapons at Schools in Florida
Under Florida Statute Section 790.115, the state enforces a strict "zero tolerance" policy regarding the possession of weapons or firearms on school property. This law applies to all public and private kindergarten through postsecondary school campuses, school buses, school-sponsored activities, and any property within 1,000 feet of a school. Possessing a firearm, destructive device, or other dangerous weapon in these designated areas is classified as a third-degree felony, which carries penalties of up to five years in prison and a fine of up to $5,000. Even carrying a common pocketknife or other prohibited weapons on school grounds can result in a first-degree misdemeanor charge.
The "zero tolerance" aspect of this law means that administrative consequences are mandatory and immediate, operating independently of the criminal justice system. School districts are legally required to impose a mandatory 10-day suspension and recommend expulsion for any student found in possession of a firearm or weapon. This strict standard applies regardless of the student's intent, lack of prior disciplinary history, or whether the weapon was locked inside a vehicle parked on school grounds, with very limited exceptions for law enforcement officers or approved school programs.
Bail and Pretrial Release for School Weapon Charges
Arrests involving weapons on school property are treated with high severity during the initial bond hearing. Because Florida courts view school-related weapon offenses as significant public safety threats, judges frequently impose stringent pretrial release conditions. In addition to setting a substantial monetary bail amount, a judge will typically order a mandatory "stay-away" directive, legally prohibiting the defendant from entering any school grounds, attending school events, or contacting specific individuals associated with the campus while the criminal case is pending.
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