HB 447

1	A bill to be entitled
2	An act relating to culpable negligence; providing a short
3	title; amending s. 784.05, F.S.; prohibiting storing or
4	leaving an assault weapon within the reach or easy access
5	of another person if the person obtains the weapon and
6	uses it to inflict injury or death; providing criminal
7	penalties; defining the term "assault weapon"; amending s.
8	921.0022, F.S.; conforming provisions of the offense
9	severity ranking chart of the Criminal Punishment Code;
10	providing an effective date.
11
12	Be It Enacted by the Legislature of the State of Florida:
13
14	Section 1.  This act may be cited as the "Officer Jose
15	Somohano Assault Weapons Act."
16	Section 2.  Section 784.05, Florida Statutes, is amended to
17	read:
18	784.05  Culpable negligence.--
19	(1)(4)  As used in this section act, the term "minor" means
20	any person under the age of 16.
21	(2)(1)  Whoever, through culpable negligence, exposes
22	another person to personal injury commits a misdemeanor of the
23	second degree, punishable as provided in s. 775.082 or s.
24	775.083.
25	(3)(2)  Whoever, through culpable negligence, inflicts
26	actual personal injury on another commits a misdemeanor of the
27	first degree, punishable as provided in s. 775.082 or s.
28	775.083.
29	(4)(3)  Whoever violates subsection (2) (1) by storing or
30	leaving a loaded firearm within the reach or easy access of a
31	minor commits, if the minor obtains the firearm and uses it to
32	inflict injury or death upon himself or herself or any other
33	person, a felony of the third degree, punishable as provided in
34	s. 775.082, s. 775.083, or s. 775.084. However, this subsection
35	does not apply:
36	(a)  If the firearm was stored or left in a securely locked
37	box or container or in a location which a reasonable person
38	would have believed to be secure, or was securely locked with a
39	trigger lock;
40	(b)  If the minor obtains the firearm as a result of an
41	unlawful entry by any person;
42	(c)  To injuries resulting from target or sport shooting
43	accidents or hunting accidents; or
44	(d)  To members of the Armed Forces, National Guard, or
45	State Militia, or to police or other law enforcement officers,
46	with respect to firearm possession by a minor which occurs
47	during or incidental to the performance of their official
48	duties.
49
50	When any minor child is accidentally shot by another family
51	member, no arrest shall be made pursuant to this subsection
52	prior to 7 days after the date of the shooting. With respect to
53	any parent or guardian of any deceased minor, the investigating
54	officers shall file all findings and evidence with the state
55	attorney's office with respect to violations of this subsection.
56	The state attorney shall evaluate such evidence and shall take
57	such action as he or she deems appropriate under the
58	circumstances and may file an information against the
59	appropriate parties.
60	(5)(a)  Whoever violates subsection (2) by storing or
61	leaving an assault weapon within the reach or easy access of
62	another person commits, if the person obtains the assault weapon
63	and uses it to inflict injury or death upon himself or herself
64	or any other person, a felony of the third degree, punishable as
65	provided in s. 775.082, s. 775.083, or s. 775.084. However, this
66	subsection does not apply:
67	1.  If the assault weapon was stored or left in a securely
68	locked box or container or in a location which a reasonable
69	person would have believed to be secure, or was securely locked
70	with a trigger lock;
71	2.  If the assault weapon was stolen and the owner reported
72	the theft of the assault weapon to law enforcement authorities
73	within 24 hours of the owner's knowledge of the theft;
74	3.  To injuries resulting from target or sport shooting
75	accidents or hunting accidents; or
76	4.  To members of the Armed Forces, National Guard, or
77	State Militia, or to police or other law enforcement officers,
78	with respect to assault firearm possession which occurs during
79	or incidental to the performance of their official duties.
80	(b)1.  For purposes of this subsection, the term "assault
81	weapon" means:
82	a.  A semiautomatic rifle that has an ability to accept a
83	detachable magazine and has at least two of the following
84	characteristics:
85	(I)  A folding or telescoping stock;
86	(II)  A pistol grip that protrudes conspicuously beneath
87	the action of the weapon;
88	(III)  A bayonet mount;
89	(IV)  A flash suppressor or threaded barrel designed to
90	accommodate a flash suppressor; or
91	(V)  A grenade launcher; or
92	b.  A semiautomatic shotgun that has at least two of the
93	following characteristics:
94	(I)  A folding or telescoping stock;
95	(II)  A pistol grip that protrudes conspicuously beneath
96	the action of the weapon;
97	(III)  A fixed magazine capacity in excess of five rounds;
98	or
99	(IV)  An ability to accept a detachable magazine; or
100	c.  A semiautomatic pistol that has an ability to accept a
101	detachable magazine and has at least two of the following
102	characteristics:
103	(I)  An ammunition magazine that attaches to the pistol
104	outside of the pistol grip;
105	(II)  A threaded barrel capable of accepting a barrel
106	extender, flash suppressor, forward handgrip, or silencer;
107	(III)  A shroud that is attached to, or partially or
108	completely encircles, the barrel and that permits the shooter to
109	hold the firearm with the nontrigger hand without being burned;
110	(IV)  A manufactured weight of 50 ounces or more when the
111	pistol is unloaded; or
112	(V)  A semiautomatic version of an automatic rifle,
113	shotgun, or firearm; or
114	d.  Any of the weapons, or functioning frames or receivers
115	of such weapons, or copies or duplicates of such weapons, in any
116	caliber, known as:
117	(I)  Norinco, Mitchell, and Poly Technologies Avtomat
118	Kalashnikovs (all models);
119	(II)  Action Arms Israeli Military Industries UZI and
120	Galil;
121	(III)  Beretta Ar70 (SC-70);
122	(IV)  Colt AR-15;
123	(V)  Fabrique National FN/FAL, FN/LAR, and FNC;
124	(VI)  SWD M-10, M-11, M-11/9, and M-12;
125	(VII)  Steyr AUG;
126	(VIII)  INTRATEC TEC-9, TEC-DC9, and TEC-22; or
127	(IX)  Revolving cylinder shotguns, such as, or similar to,
128	the Street Sweeper and Striker 12.
129	2.  The term does not include any rifle, shotgun, or pistol
130	that:
131	a.  Is manually operated by bolt, pump, lever, or slide
132	action;
133	b.  Has been rendered permanently inoperable;
134	c.  Is an antique firearm as defined in 18 U.S.C. s.
135	921(a)(16);
136	d.  Is a semiautomatic rifle that cannot accept a
137	detachable magazine that holds more than five rounds of
138	ammunition;
139	e.  Is a semiautomatic shotgun that cannot hold more than
140	five rounds of ammunition in a fixed or detachable magazine;
141	f.  Is a rifle, shotgun, or pistol, or a replica or a
142	duplicate thereof, specified in Appendix A to 18 U.S.C. s. 922
143	as such weapon was manufactured on October 1, 1993. The mere
144	fact that a weapon is not listed in Appendix A shall not be
145	construed to mean that such weapon is an assault weapon; or
146	g.  Is a semiautomatic rifle, a semiautomatic shotgun, or a
147	semiautomatic pistol or any of the weapons defined in sub-
148	subparagraph 1.d. lawfully possessed prior to September 14,
149	1994.
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
153	ranking chart.--
154	(3)  OFFENSE SEVERITY RANKING CHART
155	(b)  LEVEL 2
	FloridaStatute FelonyDegree Description
156
	370.12(1)(e)3. 3rd Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
157
	370.12(1)(e)4. 3rd Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
158
	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.
159
	517.07 3rd Registration of securities and furnishing of prospectus required.
160
	590.28(1) 3rd Willful, malicious, or intentional burning.
161
	784.05(4)(3) 3rd Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
162
	784.05(5) 3rd Storing or leaving an assault weapon within reach of another 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
189	Section 4.  This act shall take effect October 1, 2008.

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