Florida Statute 552.22 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS

Chapter 552
MANUFACTURE, DISTRIBUTION, AND USE OF EXPLOSIVES

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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 Citing Statute 552.22

Total Results: 6

State v. Hoag

Court: District Court of Appeal of Florida | Date Filed: 1982-09-21

Citation: 419 So. 2d 416, 1982 Fla. App. LEXIS 21176

Snippet: 2 and 3 with violation of Sections 552.101 and 552.22, Florida Statutes (1979) which provide: 552.101

Hernandez v. State

Court: District Court of Appeal of Florida | Date Filed: 1981-04-07

Citation: 397 So. 2d 715

Snippet: possession of explosive in violation of Section 552.22, Fla. Stat., punishable up to fifteen years' imprisonment

De La Cova v. State

Court: District Court of Appeal of Florida | Date Filed: 1978-02-28

Citation: 355 So. 2d 1227

Snippet: property ..." in contravention of Section 552.22, Florida Statutes (1975) V. "... did

Dearing v. State

Court: District Court of Appeal of Florida | Date Filed: 1977-08-09

Citation: 348 So. 2d 1233

Snippet: explosives without a permit [Sections 552.101, 552.22. Florida Statutes (1975)] in the Circuit Court

Henry v. State

Court: District Court of Appeal of Florida | Date Filed: 1977-04-26

Citation: 344 So. 2d 1311

Snippet: or permit therefor, in violation of 552.101 and 552.22 Florida Statutes, contrary to the form of the Statute

Norris v. State

Court: District Court of Appeal of Florida | Date Filed: 1971-06-11

Citation: 249 So. 2d 746, 1971 Fla. App. LEXIS 6438

Snippet: was a “knowing violation” as set forth in Section 552.22. Under said section a maximum penalty of ten years