Florida Senate - 2019 SB 1310 By Senator Pizzo 38-01885D-19 20191310__ 1 A bill to be entitled 2 An act relating to minors posting firearms on social 3 media; creating s. 790.111, F.S.; prohibiting the 4 posting or publishing of a picture of a firearm, BB 5 gun, air or gas-operated gun, or device displayed to 6 resemble a firearm to social media by a minor; 7 providing criminal penalties; authorizing a court to 8 require certain adults to participate in parenting 9 classes subsequent to a violation; providing for 10 community service programs for violations; providing 11 requirements for such programs; requiring seizure of 12 firearms under certain circumstances; providing 13 construction; providing applicability; amending s. 14 790.174, F.S.; prohibiting storing a firearm in such a 15 way that a minor obtains access to it without 16 permission and posts a picture of it on social media; 17 providing criminal penalties; amending s. 901.15, 18 F.S.; authorizing warrantless arrest when a law 19 enforcement officer has probable cause to believe that 20 a minor has violated s. 790.111, F.S.; providing an 21 effective date. 22 23 Be It Enacted by the Legislature of the State of Florida: 24 25 Section 1. Section 790.111, Florida Statutes, is created to 26 read: 27 790.111 Minors posting firearms on social media.— 28 (1) A minor who posts or publishes a picture of a firearm, 29 a BB gun, an air or a gas-operated gun, or a device displayed to 30 resemble a firearm to a social media page, post, profile, or 31 account that is openly viewable to the public commits a 32 misdemeanor of the first degree, punishable as provided in s. 33 775.082 or s. 775.083. 34 (2)(a) Any parent or guardian of a minor, or other adult 35 responsible for the welfare of a minor, if the minor possesses a 36 firearm in violation of this section, may, if the court finds it 37 appropriate, be required to participate in classes on parent 38 education which are approved by the Department of Juvenile 39 Justice, upon the first conviction of the minor. Upon any 40 subsequent conviction of the minor, the court may, if the court 41 finds it appropriate, require the parent to attend further 42 parent education classes or render community service hours 43 together with the child. 44 (b) The Department of Juvenile Justice may establish 45 appropriate community service programs to be available to the 46 alternative sanctions coordinators of the circuit courts in 47 implementing this subsection. If the department does not do so, 48 the juvenile justice circuit advisory board in each circuit must 49 establish such program in that circuit. The boards or the 50 department shall propose the implementation of a community 51 service program in each circuit, and may submit a circuit plan, 52 to be implemented upon approval of the circuit alternative 53 sanctions coordinator. 54 (c) For the purposes of this subsection, community service 55 shall be performed, if possible, in a manner involving a 56 hospital emergency room or other medical environment that deals 57 on a regular basis with trauma patients and gunshot wounds. 58 (3) Any firearm that is possessed or used by a minor in 59 violation of this section shall be promptly seized by a law 60 enforcement officer and disposed of in accordance with s. 61 790.08. 62 (4) This section does not reduce or limit any existing 63 right to purchase and own firearms, nor apply to the exceptions 64 provided in s. 790.22. 65 (5) This section applies to social media posts made on or 66 after October 1, 2019. 67 Section 2. Subsection (2) of section 790.174, Florida 68 Statutes, is amended, and subsection (1) of that section is 69 republished, to read: 70 790.174 Safe storage of firearms required.— 71 (1) A person who stores or leaves, on a premise under his 72 or her control, a loaded firearm, as defined in s. 790.001, and 73 who knows or reasonably should know that a minor is likely to 74 gain access to the firearm without the lawful permission of the 75 minor’s parent or the person having charge of the minor, or 76 without the supervision required by law, shall keep the firearm 77 in a securely locked box or container or in a location which a 78 reasonable person would believe to be secure or shall secure it 79 with a trigger lock, except when the person is carrying the 80 firearm on his or her body or within such close proximity 81 thereto that he or she can retrieve and use it as easily and 82 quickly as if he or she carried it on his or her body. 83 (2) It is a misdemeanor of the second degree, punishable as 84 provided in s. 775.082 or s. 775.083, if a person violates 85 subsection (1) by failing to store or leave a firearm in the 86 required manner and as a result thereof a minor gains access to 87 the firearm, without the lawful permission of the minor’s parent 88 or the person having charge of the minor, and possesses or 89 exhibits it, without the supervision required by law: 90 (a) In a public place;
or91 (b) In a rude, careless, angry, or threatening manner in 92 violation of s. 790.10; or 93 (c) On a social media page, post, profile, or account 94 openly viewable to the public in violation of s. 790.111. 95 96 This subsection does not apply if the minor obtains the firearm 97 as a result of an unlawful entry by any person. 98 Section 3. Subsection (17) is added to section 901.15, 99 Florida Statutes, to read: 100 901.15 When arrest by officer without warrant is lawful.—A 101 law enforcement officer may arrest a person without a warrant 102 when: 103 (17) There is probable cause to believe that the person has 104 committed a criminal act as described in s. 790.111. 105 Section 4. This act shall take effect October 1, 2019.