Senate Bill sb0326

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    Florida Senate - 2004                                   SB 326

    By Senator Saunders





    37-80-04

  1                      A bill to be entitled

  2         An act relating to culpable negligence;

  3         amending s. 784.05, F.S.; providing that it is

  4         a first-degree misdemeanor for a person to

  5         commit culpable negligence by driving a vehicle

  6         under the influence of alcohol or drugs while

  7         accompanied in the vehicle by a person younger

  8         than a specified age; providing an effective

  9         date.

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11  Be It Enacted by the Legislature of the State of Florida:

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13         Section 1.  Section 784.05, Florida Statutes, is

14  amended to read:

15         784.05  Culpable negligence.--

16         (1)  Whoever, through culpable negligence, exposes

17  another person to personal injury commits a misdemeanor of the

18  second degree, punishable as provided in s. 775.082 or s.

19  775.083.

20         (2)  Whoever, through culpable negligence, inflicts

21  actual personal injury on another commits a misdemeanor of the

22  first degree, punishable as provided in s. 775.082 or s.

23  775.083.

24         (3)  Whoever violates subsection (1) by storing or

25  leaving a loaded firearm within the reach or easy access of a

26  minor commits, if the minor obtains the firearm and uses it to

27  inflict injury or death upon himself or herself or any other

28  person, a felony of the third degree, punishable as provided

29  in s. 775.082, s. 775.083, or s. 775.084.  However, this

30  subsection does not apply:

31  

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    Florida Senate - 2004                                   SB 326
    37-80-04




 1         (a)  If the firearm was stored or left in a securely

 2  locked box or container or in a location which a reasonable

 3  person would have believed to be secure, or was securely

 4  locked with a trigger lock;

 5         (b)  If the minor obtains the firearm as a result of an

 6  unlawful entry by any person;

 7         (c)  To injuries resulting from target or sport

 8  shooting accidents or hunting accidents; or

 9         (d)  To members of the Armed Forces, National Guard, or

10  State Militia, or to police or other law enforcement officers,

11  with respect to firearm possession by a minor which occurs

12  during or incidental to the performance of their official

13  duties.

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15  When any minor child is accidentally shot by another family

16  member, no arrest shall be made pursuant to this subsection

17  prior to 7 days after the date of the shooting. With respect

18  to any parent or guardian of any deceased minor, the

19  investigating officers shall file all findings and evidence

20  with the state attorney's office with respect to violations of

21  this subsection. The state attorney shall evaluate such

22  evidence and shall take such action as he or she deems

23  appropriate under the circumstances and may file an

24  information against the appropriate parties.

25         (4)  As used in this act, the term "minor" means any

26  person under the age of 16.

27         (5)  A person who violates subsection (1) by driving

28  under the influence as proscribed by s. 316.193 commits a

29  misdemeanor of the first degree, punishable as provided in s.

30  775.082 or s. 775.083, if, at the time of the offense, the

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    Florida Senate - 2004                                   SB 326
    37-80-04




 1  person is accompanied in the vehicle by a person younger than

 2  18 years of age.

 3         Section 2.  This act shall take effect July 1, 2004.

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 6                          SENATE SUMMARY

 7    Provides that a person who commits culpable negligence by
      driving under the influence commits a first-degree
 8    misdemeanor rather than a second-degree misdemeanor if a
      person younger than 18 years of age is in the vehicle at
 9    the time of the offense.

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CODING: Words stricken are deletions; words underlined are additions.