Florida Senate - 2021                                     SB 294
       By Senator Farmer
       34-00609A-21                                           2021294__
    1                        A bill to be entitled                      
    2         An act relating to the safe storage of loaded
    3         firearms; amending s. 790.174, F.S.; making technical
    4         changes; revising the locations and circumstances in
    5         which a loaded firearm is required to be kept or
    6         secured with a trigger lock or cable lock; deleting
    7         conditions that pertain to the crime of failing to
    8         safely store, leave, or secure a loaded firearm in a
    9         specified manner; reenacting s. 409.175(5)(g), F.S.,
   10         relating to rules of the Department of Children and
   11         Families requiring the adoption of a form used by
   12         child-placing agencies, to incorporate the amendment
   13         made to s. 790.174, F.S., in a reference thereto;
   14         providing an effective date.
   16  Be It Enacted by the Legislature of the State of Florida:
   18         Section 1. Section 790.174, Florida Statutes, is amended to
   19  read:
   20         790.174 Safe storage of firearms required.—
   21         (1) As used in this section, the term “minor” means a
   22  person younger than 16 years of age.
   23         (2)(1) A person who stores or leaves, on a premise under
   24  his or her control, a loaded firearm, as defined in s. 790.001,
   25  and who knows or reasonably should know that a minor is likely
   26  to gain access to the firearm without the lawful permission of
   27  the minor’s parent or the person having charge of the minor, or
   28  without the supervision required by law, shall keep the firearm
   29  in a securely locked box or container or in a location which a
   30  reasonable person would believe to be secure or shall secure it
   31  with a trigger lock or cable lock, except when the person is
   32  carrying the firearm on his or her body or within such close
   33  proximity thereto that he or she can retrieve and use it as
   34  easily and quickly as if he or she carried it on his or her
   35  body.
   36         (3)(2)It is A person who violates subsection (2) commits a
   37  misdemeanor of the second degree, punishable as provided in s.
   38  775.082 or s. 775.083, if a person violates subsection (1) by
   39  failing to store or leave a firearm in the required manner and
   40  as a result thereof a minor gains access to the firearm, without
   41  the lawful permission of the minor’s parent or the person having
   42  charge of the minor, and possesses or exhibits it, without the
   43  supervision required by law:
   44         (a) In a public place; or
   45         (b) In a rude, careless, angry, or threatening manner in
   46  violation of s. 790.10.
   48  This subsection does not apply if the minor obtains the firearm
   49  as a result of an unlawful entry by any person.
   50         (3) As used in this act, the term “minor” means any person
   51  under the age of 16.
   52         Section 2. For the purpose of incorporating the amendment
   53  made by this act to section 790.174, Florida Statutes, in a
   54  reference thereto, paragraph (g) of subsection (5) of section
   55  409.175, Florida Statutes, is reenacted to read:
   56         409.175 Licensure of family foster homes, residential
   57  child-caring agencies, and child-placing agencies; public
   58  records exemption.—
   59         (5) The department shall adopt and amend rules for the
   60  levels of licensed care associated with the licensure of family
   61  foster homes, residential child-caring agencies, and child
   62  placing agencies. The rules may include criteria to approve
   63  waivers to licensing requirements when applying for a child
   64  specific license.
   65         (g) The department’s rules shall include adoption of a form
   66  to be used by child-placing agencies during an adoption home
   67  study that requires all prospective adoptive applicants to
   68  acknowledge in writing the receipt of a document containing
   69  solely and exclusively the language provided for in s. 790.174
   70  verbatim.
   71         Section 3. This act shall take effect July 1, 2021.