Florida Senate - 2013                                    SB 1582
       
       
       
       By Senator Braynon
       
       
       
       
       36-01412-13                                           20131582__
    1                        A bill to be entitled                      
    2         An act relating to culpable negligence; providing a
    3         short title; amending s. 784.05, F.S.; defining the
    4         term “assault weapon”; providing that a person commits
    5         a felony of the third degree if he or she stores or
    6         leaves an assault weapon within the reach or easy
    7         access of another person if that person obtains the
    8         weapon and uses it to inflict injury or death;
    9         providing criminal penalties; providing exceptions;
   10         amending s. 921.0022, F.S.; conforming a cross
   11         reference; providing an effective date.
   12  
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. This act may be cited as the “Officer Jose
   16  Somohano Assault Weapons Act.”
   17         Section 2. Section 784.05, Florida Statutes, is amended to
   18  read:
   19         784.05 Culpable negligence.—
   20         (1) As used in this section, the term:
   21         (a)1.“Assault weapon” means:
   22         a.A semiautomatic rifle that has the ability to accept a
   23  detachable magazine and has at least two of the following
   24  characteristics:
   25         (I)A folding or telescoping stock;
   26         (II)A pistol grip that protrudes conspicuously beneath the
   27  action of the weapon;
   28         (III)A bayonet mount;
   29         (IV)A flash suppressor or threaded barrel designed to
   30  accommodate a flash suppressor; or
   31         (V)A grenade launcher;
   32         b.A semiautomatic shotgun that has at least two of the
   33  following characteristics:
   34         (I)A folding or telescoping stock;
   35         (II)A pistol grip that protrudes conspicuously beneath the
   36  action of the weapon;
   37         (III)A fixed magazine capacity in excess of five rounds;
   38  or
   39         (IV)An ability to accept a detachable magazine;
   40         c.A semiautomatic pistol that has the ability to accept a
   41  detachable magazine and has at least two of the following
   42  characteristics:
   43         (I)An ammunition magazine that attaches to the pistol
   44  outside of the pistol grip;
   45         (II)A threaded barrel capable of accepting a barrel
   46  extender, flash suppressor, forward handgrip, or silencer;
   47         (III)A shroud that is attached to, or partially or
   48  completely encircles, the barrel and that permits the shooter to
   49  hold the firearm with the nontrigger hand without being burned;
   50         (IV)A manufactured weight of 50 ounces or more when the
   51  pistol is unloaded; or
   52         (V)A semiautomatic version of an automatic rifle, shotgun,
   53  or firearm; or
   54         d.Any of the weapons, or functioning frames or receivers
   55  of such weapons, or copies or duplicates of such weapons, in any
   56  caliber, known as:
   57         (I)Norinco, Mitchell, and Poly Technologies Avtomat
   58  Kalashnikovs, all models;
   59         (II)Action Arms Israeli Military Industries UZI and Galil;
   60         (III)Beretta Ar70 (SC-70);
   61         (IV)Colt AR-15;
   62         (V)Fabrique National FN/FAL, FN/LAR, and FNC;
   63         (VI)SWD M-10, M-11, M-11/9, and M-12;
   64         (VII)Steyr AUG;
   65         (VIII)INTRATEC TEC-9, TEC-DC9, and TEC-22; or
   66         (IX)Revolving cylinder shotguns, such as, or similar to,
   67  the Street Sweeper and Striker 12.
   68         2.The term does not include a rifle, shotgun, or pistol
   69  that:
   70         a.Is manually operated by bolt, pump, lever, or slide
   71  action;
   72         b.Has been rendered permanently inoperable;
   73         c.Is an antique firearm as defined in 18 U.S.C. s.
   74  921(a)(16);
   75         d.Is a semiautomatic rifle that cannot accept a detachable
   76  magazine that holds more than five rounds of ammunition;
   77         e.Is a semiautomatic shotgun that cannot hold more than
   78  five rounds of ammunition in a fixed or detachable magazine;
   79         f.Is a rifle, shotgun, or pistol, or a replica or a
   80  duplicate thereof, specified in Appendix A to 18 U.S.C. s. 922
   81  as such weapon was manufactured on October 1, 1993. The mere
   82  fact that a weapon is not listed in Appendix A does not mean
   83  that such weapon is an assault weapon; or
   84         g.Is a semiautomatic rifle, a semiautomatic shotgun, or a
   85  semiautomatic pistol or a weapon defined in sub-subparagraph
   86  1.d. lawfully possessed before September 14, 1994.
   87         (b) “Minor” means a person 15 years of age or younger.
   88         (2)(1) Whoever, through culpable negligence, exposes
   89  another person to personal injury commits a misdemeanor of the
   90  second degree, punishable as provided in s. 775.082 or s.
   91  775.083.
   92         (3)(2) Whoever, through culpable negligence, inflicts
   93  actual personal injury on another commits a misdemeanor of the
   94  first degree, punishable as provided in s. 775.082 or s.
   95  775.083.
   96         (4)(3) Whoever violates subsection (2)(1) by storing or
   97  leaving a loaded firearm within the reach or easy access of a
   98  minor commits, if the minor obtains the firearm and uses it to
   99  inflict injury or death upon himself or herself or any other
  100  person, a felony of the third degree, punishable as provided in
  101  s. 775.082, s. 775.083, or s. 775.084. However, this subsection
  102  does not apply:
  103         (a) If the firearm was stored or left in a securely locked
  104  box or container or in a location that which a reasonable person
  105  would have believed to be secure, or was securely locked with a
  106  trigger lock;
  107         (b) If the minor obtains the firearm as a result of an
  108  unlawful entry by any person;
  109         (c) To injuries resulting from target or sport shooting
  110  accidents or hunting accidents; or
  111         (d) To members of the Armed Forces, National Guard, or
  112  State Militia, or to police or other law enforcement officers,
  113  with respect to firearm possession by a minor which occurs
  114  during or incidental to the performance of their official
  115  duties.
  116  
  117  When a any minor child is accidentally shot by another family
  118  member, an no arrest may not shall be made pursuant to this
  119  subsection until at least prior to 7 days after the date of the
  120  shooting. With respect to the any parent or guardian of a any
  121  deceased minor, the investigating officers shall file all
  122  findings and evidence with the state attorney’s office with
  123  respect to violations of this subsection. The state attorney
  124  shall evaluate the such evidence and shall take such action as
  125  he or she deems appropriate under the circumstances and may file
  126  an information against the appropriate parties.
  127         (4)As used in this act, the term “minor” means any person
  128  under the age of 16.
  129         (5)Whoever violates subsection (2) by storing or leaving
  130  an assault weapon within the reach or easy access of another
  131  person commits a felony of the third degree, punishable as
  132  provided in s. 775.082, s. 775.083, or s. 775.084, if the person
  133  obtains the assault weapon and uses it to inflict injury or
  134  death upon himself or herself or any other person. However, this
  135  subsection does not apply:
  136         (a)If the assault weapon was stored or left in a securely
  137  locked box or container or in a location that a reasonable
  138  person would have believed to be secure, or was securely locked
  139  with a trigger lock;
  140         (b)If the assault weapon was stolen and the owner reported
  141  the theft of the assault weapon to law enforcement authorities
  142  within 24 hours after the owner’s knowledge of the theft;
  143         (c)To injuries resulting from target or sport shooting
  144  accidents or hunting accidents; or
  145         (d)To members of the Armed Forces, National Guard, or
  146  State Militia, or to police or other law enforcement officers,
  147  with respect to the possession of an assault firearm which
  148  occurs during or incidental to the performance of their official
  149  duties.
  150         Section 3. Paragraph (b) of subsection (3) of section
  151  921.0022, Florida Statutes, is amended to read:
  152         921.0022 Criminal Punishment Code; offense severity ranking
  153  chart.—
  154         (3) OFFENSE SEVERITY RANKING CHART
  155         (b) LEVEL 2
  156  FloridaStatute   FelonyDegree                Description                 
  157  379.2431 (1)(e)3.  3rd   Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
  158  379.2431 (1)(e)4.  3rd   Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
  159  403.413(5)(c)      3rd   Dumps waste litter exceeding 500 lbs. in weight or 100 cubic feet in volume or any quantity for commercial purposes, or hazardous waste.
  160  517.07(2)          3rd   Failure to furnish a prospectus meeting requirements.
  161  590.28(1)          3rd   Intentional burning of lands.               
  162  784.05(4)(3)       3rd   Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
  163  787.04(1)          3rd   In violation of court order, take, entice, etc., minor beyond state limits.
  164  806.13(1)(b)3.     3rd   Criminal mischief; damage $1,000 or more to public communication or any other public service.
  165  810.061(2)         3rd   Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
  166  810.09(2)(e)       3rd   Trespassing on posted commercial horticulture property.
  167  812.014(2)(c)1.    3rd   Grand theft, 3rd degree; $300 or more but less than $5,000.
  168  812.014(2)(d)      3rd   Grand theft, 3rd degree; $100 or more but less than $300, taken from unenclosed curtilage of dwelling.
  169  812.015(7)         3rd   Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
  170  817.234(1)(a)2.    3rd   False statement in support of insurance claim.
  171  817.481(3)(a)      3rd   Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
  172  817.52(3)          3rd   Failure to redeliver hired vehicle.         
  173  817.54             3rd   With intent to defraud, obtain mortgage note, etc., by false representation.
  174  817.60(5)          3rd   Dealing in credit cards of another.         
  175  817.60(6)(a)       3rd   Forgery; purchase goods, services with false card.
  176  817.61             3rd   Fraudulent use of credit cards over $100 or more within 6 months.
  177  826.04             3rd   Knowingly marries or has sexual intercourse with person to whom related.
  178  831.01             3rd   Forgery.                                    
  179  831.02             3rd   Uttering forged instrument; utters or publishes alteration with intent to defraud.
  180  831.07             3rd   Forging bank bills, checks, drafts, or promissory notes.
  181  831.08             3rd   Possessing 10 or more forged notes, bills, checks, or drafts.
  182  831.09             3rd   Uttering forged notes, bills, checks, drafts, or promissory notes.
  183  831.11             3rd   Bringing into the state forged bank bills, checks, drafts, or notes.
  184  832.05(3)(a)       3rd   Cashing or depositing item with intent to defraud.
  185  843.08             3rd   Falsely impersonating an officer.           
  186  893.13(2)(a)2.     3rd   Purchase of any s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs other than cannabis.
  187  893.147(2)         3rd   Manufacture or delivery of drug paraphernalia.
  188         Section 4. This act shall take effect July 1, 2013.