Except I think this reporter HAD a business reason to be there. So this law would not be applicable.Keith B wrote:Apparently there is a Florida law about being within 500 feet of a school without a business reason to be there; it is called the 'School Safety Zone.'
TV reporter arrested for entering school property with a gun
Moderators: carlson1, Charles L. Cotton
That is debatable. Just because he is with the media, does not give him a pass to go anywhere they like. He was asked to move across the street after being advised he was within 500 feet of the school, did so for a few and they came back. When asked again and refused to do so, he was arrested. I think it will be up to the courts to decide if his being with the media exempted him from the law.Kalrog wrote:Except I think this reporter HAD a business reason to be there. So this law would not be applicable.Keith B wrote:Apparently there is a Florida law about being within 500 feet of a school without a business reason to be there; it is called the 'School Safety Zone.'
Keith
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member
Psalm 82:3-4
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member
Psalm 82:3-4
Granted - media can't go everywhere. I don't know the FL law, but if he is doing a news story related to that school, then he does have business there.Keith B wrote:That is debatable. Just because he is with the media, does not give him a pass to go anywhere they like. He was asked to move across the street after being advised he was within 500 feet of the school, did so for a few and they came back. When asked again and refused to do so, he was arrested. I think it will be up to the courts to decide if his being with the media exempted him from the law.Kalrog wrote:Except I think this reporter HAD a business reason to be there. So this law would not be applicable.Keith B wrote:Apparently there is a Florida law about being within 500 feet of a school without a business reason to be there; it is called the 'School Safety Zone.'
Okay here's the law:
810.0975 School safety zones; definition; trespass prohibited; penalty.--
(1) For the purposes of this section, the term "school safety zone" means in, on, or within 500 feet of any real property owned by or leased to any public or private elementary, middle, or high school or school board and used for elementary, middle, or high school education.
(2)(a) Each principal or designee of each public or private school in this state shall notify the appropriate law enforcement agency to prohibit any person from loitering in the school safety zone who does not have legitimate business in the school safety zone or any other authorization, or license to enter or remain in the school safety zone or does not otherwise have invitee status in the designated safety zone.
(b) During the period from 1 hour prior to the start of a school session until 1 hour after the conclusion of a school session, it is unlawful for any person to enter the premises or trespass within a school safety zone or to remain on such premises or within such school safety zone when that person does not have legitimate business in the school safety zone or any other authorization, license, or invitation to enter or remain in the school safety zone. Any person who violates this subsection commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(c) Any person who does not have legitimate business in the school safety zone or any other authorization, license, or invitation to enter or remain in the school safety zone who shall willfully fail to remove himself or herself from the school safety zone after the principal or designee, having a reasonable belief that he or she will commit a crime or is engaged in harassment or intimidation of students entering or leaving school property, requests him or her to leave the school safety zone commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Nothing in this section shall be construed to abridge or infringe upon the right of any person to peaceably assemble and protest.
(3) This section does not apply to residents or persons engaged in the operation of a licensed commercial business within the school safety zone.
I would say a news reporter covering a story is "legitimate business" - but who knows.
810.0975 School safety zones; definition; trespass prohibited; penalty.--
(1) For the purposes of this section, the term "school safety zone" means in, on, or within 500 feet of any real property owned by or leased to any public or private elementary, middle, or high school or school board and used for elementary, middle, or high school education.
(2)(a) Each principal or designee of each public or private school in this state shall notify the appropriate law enforcement agency to prohibit any person from loitering in the school safety zone who does not have legitimate business in the school safety zone or any other authorization, or license to enter or remain in the school safety zone or does not otherwise have invitee status in the designated safety zone.
(b) During the period from 1 hour prior to the start of a school session until 1 hour after the conclusion of a school session, it is unlawful for any person to enter the premises or trespass within a school safety zone or to remain on such premises or within such school safety zone when that person does not have legitimate business in the school safety zone or any other authorization, license, or invitation to enter or remain in the school safety zone. Any person who violates this subsection commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(c) Any person who does not have legitimate business in the school safety zone or any other authorization, license, or invitation to enter or remain in the school safety zone who shall willfully fail to remove himself or herself from the school safety zone after the principal or designee, having a reasonable belief that he or she will commit a crime or is engaged in harassment or intimidation of students entering or leaving school property, requests him or her to leave the school safety zone commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Nothing in this section shall be construed to abridge or infringe upon the right of any person to peaceably assemble and protest.
(3) This section does not apply to residents or persons engaged in the operation of a licensed commercial business within the school safety zone.
I would say a news reporter covering a story is "legitimate business" - but who knows.
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I just watched the video and have to say that I think those charges will be dropped. It is pretty reasonable to believe that as a reporter, his place of employment is generally anywhere that he can be LEGALLY in PUBLIC.
So I think that is the case here with this reporter. If you are in the Public Right of Way which is beyond the fence, then they don't have a right to single out someone and give them an order to move. As pointed out, there is a law if you are not allowed within 500ft without a business reason. So it can be proven that his business reason was to "record a news segment from that location" or " to broadcast live on air from that location." as part of his job related business. I could see Joe Blow/Pedophile without credentials not applicable and asked to cross the street with his video camera. Probably where the law came from, IMHO.
I don't know, but I wonder if news stations/reporter have special permission/ PERMITS to set up in "PUBLIC AREAS" for work related reasons. Reason being, you see them all the time, parked in the road (4 or 5 trucks) broadcasting live for most stories. SO why would this be any different?
I will try to follow this one and see how it goes.
PS. Then Baby Huey officer talked so much about his sargeant coming, then when the sargeant arrived, he arrested theguy before sargeant gave his input. So when the sargeant arrives, doesn't he become a subordinate then??? Would like the lawyer to tackle that and see if Baby Huey overstepped his boundaries in terms of who is in charge. Since clearly, they weren't sure of the rules that applied and had to call a supervisor.
So I think that is the case here with this reporter. If you are in the Public Right of Way which is beyond the fence, then they don't have a right to single out someone and give them an order to move. As pointed out, there is a law if you are not allowed within 500ft without a business reason. So it can be proven that his business reason was to "record a news segment from that location" or " to broadcast live on air from that location." as part of his job related business. I could see Joe Blow/Pedophile without credentials not applicable and asked to cross the street with his video camera. Probably where the law came from, IMHO.
I don't know, but I wonder if news stations/reporter have special permission/ PERMITS to set up in "PUBLIC AREAS" for work related reasons. Reason being, you see them all the time, parked in the road (4 or 5 trucks) broadcasting live for most stories. SO why would this be any different?
I will try to follow this one and see how it goes.
PS. Then Baby Huey officer talked so much about his sargeant coming, then when the sargeant arrived, he arrested theguy before sargeant gave his input. So when the sargeant arrives, doesn't he become a subordinate then??? Would like the lawyer to tackle that and see if Baby Huey overstepped his boundaries in terms of who is in charge. Since clearly, they weren't sure of the rules that applied and had to call a supervisor.
If you don't stand for something, then you will fall for anything.


The arrest and trespass charged weren't based on having a gun. The gun was only discovered subsequent to the trespassing arrest.Charles L. Cotton wrote:I have to disagree with you on this one Stephen, if we are dealing with a public school. TPC §30.06 can't be used by any governmental agency and TPC§30.05 doesn't apply, if the sole reason for the exclusion is the possession of a gun by a CHL.srothstein wrote:Even in Texas, he would have been guilty once the officer told him to leave the proeprty and he refused.
Chas.
Looks like they have a history of local police pulling such stunts with the press:
http://html.local10.com/sh/blogger/2007 ... along.html
http://html.local10.com/sh/blogger/2007 ... along.html
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My reading is that the order to leave was not lawful for several reasons. If the reporter wants to peacefully shoot video of people (students) entering or leaving the school and/or interview them, that certainly qualifies as a legitimate purpose for him being there. And there was nothing to give either the cops or school authorities any reasonable belief that the reporter was about to commit a crime.
The charges will be dropped. I hope the reporter sues the cops, the school, and the school district and/or city.
The charges will be dropped. I hope the reporter sues the cops, the school, and the school district and/or city.
Ahm jus' a Southern boy trapped in a Yankee's body
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Just a correction Keith B,Keith B wrote:Per Florida statute 790.06(12) it prohibits a CWL holder from a school 'facility', and 790.115(1) allows them within 1000 feet of the school. Facility has always been defined as a structure or building when I have heard it used.
Your first part is correct but the last is not. 790.115(1) is talking about the EXHBITION of a firearm.
790.115 (2)(a) is the one that applies in Florida Law.
So I guess that you can't carry ONTO the property of a school in Florida, unlike here in TX where only building are exempt.790.115 Possessing or discharging weapons or firearms at a school-sponsored event or on school property prohibited; penalties; exceptions.--
(1) A person who exhibits any sword, sword cane, firearm, electric weapon or device, destructive device, or other weapon as defined in s. 790.001(13), including a razor blade, box cutter, or common pocketknife, except as authorized in support of school-sanctioned activities, in the presence of one or more persons in a rude, careless, angry, or threatening manner and not in lawful self-defense, at a school-sponsored event or on the grounds or facilities of any school, school bus, or school bus stop, or within 1,000 feet of the real property that comprises a public or private elementary school, middle school, or secondary school, during school hours or during the time of a sanctioned school activity, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. This subsection does not apply to the exhibition of a firearm or weapon on private real property within 1,000 feet of a school by the owner of such property or by a person whose presence on such property has been authorized, licensed, or invited by the owner.
(2)(a) A person shall not possess any firearm, electric weapon or device, destructive device, or other weapon as defined in s. 790.001(13), including a razor blade or box cutter, 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; however, a person may carry a firearm:
1. In a case to a firearms program, class or function which has been approved in advance by the principal or chief administrative officer of the school as a program or class to which firearms could be carried;
2. In a case to a career center having a firearms training range; or
3. In a vehicle pursuant to s. 790.25(5); except that school districts may adopt written and published policies that waive the exception in this subparagraph for purposes of student and campus parking privileges.
For the purposes of this section, "school" means any preschool, elementary school, middle school, junior high school, secondary school, career center, or postsecondary school, whether public or nonpublic.
If you don't stand for something, then you will fall for anything.


Sorry, it should have been 790.115(2)Lucky45 wrote:Just a correction Keith B,Keith B wrote:Per Florida statute 790.06(12) it prohibits a CWL holder from a school 'facility', and 790.115(1) allows them within 1000 feet of the school. Facility has always been defined as a structure or building when I have heard it used.
Your first part is correct but the last is not. 790.115(1) is talking about the EXHBITION of a firearm.
790.115 (2)(a) is the one that applies in Florida Law.
So I guess that you can't carry ONTO the property of a school in Florida, unlike here in TX where only building are exempt.790.115 Possessing or discharging weapons or firearms at a school-sponsored event or on school property prohibited; penalties; exceptions.--
(1) A person who exhibits any sword, sword cane, firearm, electric weapon or device, destructive device, or other weapon as defined in s. 790.001(13), including a razor blade, box cutter, or common pocketknife, except as authorized in support of school-sanctioned activities, in the presence of one or more persons in a rude, careless, angry, or threatening manner and not in lawful self-defense, at a school-sponsored event or on the grounds or facilities of any school, school bus, or school bus stop, or within 1,000 feet of the real property that comprises a public or private elementary school, middle school, or secondary school, during school hours or during the time of a sanctioned school activity, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. This subsection does not apply to the exhibition of a firearm or weapon on private real property within 1,000 feet of a school by the owner of such property or by a person whose presence on such property has been authorized, licensed, or invited by the owner.
(2)(a) A person shall not possess any firearm, electric weapon or device, destructive device, or other weapon as defined in s. 790.001(13), including a razor blade or box cutter, 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; however, a person may carry a firearm:
1. In a case to a firearms program, class or function which has been approved in advance by the principal or chief administrative officer of the school as a program or class to which firearms could be carried;
2. In a case to a career center having a firearms training range; or
3. In a vehicle pursuant to s. 790.25(5); except that school districts may adopt written and published policies that waive the exception in this subparagraph for purposes of student and campus parking privileges.
For the purposes of this section, "school" means any preschool, elementary school, middle school, junior high school, secondary school, career center, or postsecondary school, whether public or nonpublic.
(e) The penalties of this subsection shall not apply to persons licensed under s. 790.06. Persons licensed under s. 790.06 shall be punished as provided in s. 790.06(12), except that a licenseholder who unlawfully discharges a weapon or firearm on school property as prohibited by this subsection commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
That covers the possesion on school property if I read it correctly.
Keith
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member
Psalm 82:3-4
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member
Psalm 82:3-4
The reporter's station says he was on the sidewalk, but another TV station's website says "he refused a request to leave the grounds of Miami Central High School" and a newspaper wrote that Weinsier "repeatedly ignored warnings to not step on the school's grass" so it will be interesting to see what happens.
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You are right, I had not considered that aspect of it.Charles L. Cotton wrote:I have to disagree with you on this one Stephen, if we are dealing with a public school. TPC §30.06 can't be used by any governmental agency and TPC§30.05 doesn't apply, if the sole reason for the exclusion is the possession of a gun by a CHL.srothstein wrote:Even in Texas, he would have been guilty once the officer told him to leave the proeprty and he refused.
Chas.
But, it looks like a lot more to the story now, from the other posts, so I can't even begin to say what would happen in Texas. We don't have laws like their safety zone, so I will stay out of this one.
Steve Rothstein