1933 Fla. Laws 623

Section 1. That it shall be unlawful for any person to throw any bomb or to shoot off or discharge any machine guns upon, across or along any road, street or highway in the State of Florida, or upon or across any public park in the State of Florida, or in, upon or across any public place where people are accustomed to assemble in the State of Florida, and the casting of such bomb or the discharge of such machine gun in, upon or across such public street, or in, upon or across such public park, or in, upon or across such public place, whether indoors or outdoors, including all theatres and athletic stadiums, with intent to do bodily harm to any person or with intent to do damage to the property of any person, shall be a felony and shall be punishable by death; PROVIDED, however, this Act shall not apply to the use of such bombs or machine guns by any United States or any State Militia, or by any Sheriffs, Deputy Sheriffs, Marshals, Constables, Chief of Police or Police Officer while in the discharge of their lawful duty in suppressing riots and disorderly conduct, and in preserving and protecting the public peace or in the preservation of public property, or where said use shall be authorized by law; PROVIDED, however, a majority of the jurors trying said cause may in their discretion recommend the defendant to the mercy of the court in which event the penalty shall be changed from death to life imprisonment; and, PROVIDED, furthermore, that the Circuit Judge before whom said cause shall be tried shall be fully authorized and empowered in his discretion, should he deem the circumstances under which said offense was committed of such nature and character as to justify clemency, to change the penalty herein and hereby prescribed from the death penalty to imprisonment in the penitentiary for life. Section 2. All laws or parts of laws in conflict with the provisions of this Act be, and they are hereby repealed. Section 3. This Act shall take effect immediately upon its becoming a law.