Florida Statutes

Fla. Stat. § 552.22 (2025)

Penalties.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Arrestable Offenses under F.S. 552.22

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§552.22(1)EXPLOSIVES-POSSESSINGMFG TRANSPORT ETC WIT TO HARM LIFE OR LIMBF · 2nd

§552.22(2)POSSESS STOLEN PROPPOSSESS STOLEN EXPLOSIVE MATERIALF · 3rd

§552.22(3)FRAUDMISREPRESENT INFORMATION OBTAIN EXPLOSIVEM · 1st

§552.22(4)FRAUDMISREPRESENT REQUIRED EXPLOSIVES RECORDM · 1st

§552.22(5)WEAPON OFFENSEFAIL TO REPORT THEFT OR SHORTAGE OF EXPLOSIVEM · 1st

§552.22(6)OBSTRUCTVIOLATE CEASE AND DESIST ORDERM · 1st

§552.22(7)WEAPON OFFENSELICENSE HOLDER ABANDON EXPLOSIVE MATERIALM · 1st

§552.22(10)EXPLOSIVES-POSSESSINGWITHOUT LICENSEM · 1st

Notes of Decisions

Cited in 3 cases, 1971–1981 · leading case: De La Cova v. State, 355 So. 2d 1227 (Fla. 3d DCA 1978).

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De La Cova v. State, 355 So. 2d 1227 (Fla. 3d DCA 1978). · cites it 2× “" in contravention of Section 552.22, Florida Statutes (1975) V.”

Hernandez v. State, 397 So. 2d 715 (Fla. 1st DCA 1981). “The State then filed and proceeded to trial on its thirty-nine count information and appellant was acquitted of all but five counts stemming from the airport incident: Count 1 : unlawful possession of explosive in violation of Section 552.22, Fla. Stat., punishable up to fifteen…”

Norris v. State, 249 So. 2d 746 (Fla. 4th DCA 1971). · cites it 2× “There is, therefore, no indication as to whether the verdict of the jury was predicated upon a finding that such possession was “with the intent to harm life, limb or property” as distinguished from a possession which was a “knowing violation” as set forth in Section 552.22.…”

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