Florida Senate - 2018                          SENATOR AMENDMENT
       Bill No. CS for SB 7026
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 1a/F/2R         .                                
             03/03/2018 01:06 PM       .                                

       Senator Rodriguez moved the following:
    1         Senate Amendment to Amendment (234288) (with title
    2  amendment)
    4         Between lines 423 and 424
    5  insert:
    6         Section 12. Section 790.174, Florida Statutes, is amended
    7  to read:
    8         790.174 Safe storage of firearms required.—
    9         (1) As used in this section, the term “minor” means a
   10  person younger than 18 years of age.
   11         (2)(1) A person who stores or leaves, on a premise under
   12  his or her control, a loaded firearm, as defined in s. 790.001,
   13  and who knows or reasonably should know that a minor is likely
   14  to gain access to the firearm without the lawful permission of
   15  the minor’s parent or the person having charge of the minor, or
   16  without the supervision required by law, shall keep the firearm
   17  in a securely locked box or container or in a location which a
   18  reasonable person would believe to be secure or shall secure it
   19  with a trigger lock, except when the person is carrying the
   20  firearm on his or her body or within such close proximity
   21  thereto that he or she can retrieve and use it as easily and
   22  quickly as if he or she carried it on his or her body.
   23         (3)(2)It is A person who violates subsection (2) commits a
   24  misdemeanor of the second degree, punishable as provided in s.
   25  775.082 or s. 775.083, if a person violates subsection (1) by
   26  failing to store or leave a firearm in the required manner and
   27  as a result thereof a minor gains access to the firearm, without
   28  the lawful permission of the minor’s parent or the person having
   29  charge of the minor, and possesses or exhibits it, without the
   30  supervision required by law:
   31         (a) In a public place; or
   32         (b) In a rude, careless, angry, or threatening manner in
   33  violation of s. 790.10.
   35  This subsection does not apply if the minor obtains the firearm
   36  as a result of an unlawful entry by any person.
   37         (3) As used in this act, the term “minor” means any person
   38  under the age of 16.
   39         Section 13. For the purpose of incorporating the amendment
   40  made by this act to section 790.174, Florida Statutes, in a
   41  reference thereto, paragraph (f) of subsection (5) of section
   42  409.175, Florida Statutes, is reenacted to read:
   43         409.175 Licensure of family foster homes, residential
   44  child-caring agencies, and child-placing agencies; public
   45  records exemption.—
   46         (5)
   47         (f) The department’s rules shall include adoption of a form
   48  to be used by child-placing agencies during an adoption home
   49  study that requires all prospective adoptive applicants to
   50  acknowledge in writing the receipt of a document containing
   51  solely and exclusively the language provided for in s. 790.174
   52  verbatim.
   54  ================= T I T L E  A M E N D M E N T ================
   55  And the title is amended as follows:
   56         Between lines 2448 and 2449
   57  insert:
   58         amending s. 790.174, F.S.; redefining the term
   59         “minor”; requiring that, in specified circumstances, a
   60         loaded firearm be kept in a securely locked box or
   61         container or be secured with a trigger lock; deleting
   62         conditions that pertain to the crime of failing to
   63         safely store, leave, or secure a loaded firearm in a
   64         specified manner; reenacting s. 409.175(5)(f), F.S.,
   65         relating to certain rules of the Department of
   66         Children and Families, to incorporate the amendment
   67         made to s. 790.174, F.S., in a reference thereto;