Florida Senate - 2024                                     SB 176
       
       
        
       By Senator Polsky
       
       
       
       
       
       30-00017-24                                            2024176__
    1                        A bill to be entitled                      
    2         An act relating to the sale, transfer, and storage of
    3         firearms; amending s. 784.05, F.S.; revising the
    4         standard by which adults and minors are considered
    5         criminally negligent in the storage of a firearm under
    6         specified circumstances; providing criminal penalties;
    7         revising the definition of the term “minor”;
    8         conforming provisions to changes made by the act;
    9         amending s. 790.115, F.S.; revising an exception to
   10         the prohibition on storing or leaving a loaded firearm
   11         within the reach or easy access of a minor who obtains
   12         it and commits a specified violation; conforming a
   13         provision to changes made by the act; amending s.
   14         790.174, F.S.; revising the definition of the term
   15         “minor”; revising requirements for the safe storage of
   16         loaded firearms; providing criminal penalties if a
   17         person is found to have failed to properly secure or
   18         store a firearm, resulting in a minor gaining access
   19         to the weapon; amending s. 790.175, F.S.; conforming
   20         provisions to changes made by the act; requiring the
   21         seller or transferor of a firearm to provide each
   22         purchaser or transferee with specified information;
   23         providing an exception; authorizing a firearm dealer
   24         to charge a certain fee; providing immunity for
   25         certain providers of information; providing criminal
   26         penalties; making technical changes; amending s.
   27         921.0022, F.S.; conforming a cross-reference and a
   28         provision to changes made by the act; reenacting s.
   29         409.175(5)(g), F.S., relating to rules of the
   30         Department of Children and Families requiring the
   31         adoption of a form used by child-placing agencies, to
   32         incorporate the amendment made to s. 790.174, F.S., in
   33         a reference thereto; providing an effective date.
   34          
   35  Be It Enacted by the Legislature of the State of Florida:
   36  
   37         Section 1. Section 784.05, Florida Statutes, is amended to
   38  read:
   39         784.05 Culpable negligence.—
   40         (1) Whoever, through culpable negligence, exposes another
   41  person to personal injury commits a misdemeanor of the second
   42  degree, punishable as provided in s. 775.082 or s. 775.083.
   43         (2) Whoever, through culpable negligence, inflicts actual
   44  personal injury on another commits a misdemeanor of the first
   45  degree, punishable as provided in s. 775.082 or s. 775.083.
   46         (3)(a) Except as provided in paragraph (b):
   47         1. An adult who stores or leaves Whoever violates
   48  subsection (1) by storing or leaving a loaded firearm within the
   49  reach or easy access of a minor commits, if the minor obtains
   50  the firearm and uses it to inflict injury or death upon himself
   51  or herself or any other person, commits a felony of the third
   52  degree, punishable as provided in s. 775.082, s. 775.083, or s.
   53  775.084.
   54         2.A minor who violates subsection (1) by storing or
   55  leaving a loaded firearm within the reach or easy access of
   56  another minor, if the other minor obtains the firearm and uses
   57  it to inflict injury or death upon himself or herself or any
   58  other person, commits a misdemeanor of the second degree,
   59  punishable as provided in s. 775.082 or s. 775.083.
   60         (b)However, This subsection does not apply:
   61         1.(a) If the firearm was stored or left in a securely
   62  locked box or container or in a secure location which a
   63  reasonable person would have believed to be secure, or was
   64  securely locked with a firearm locking mechanism trigger lock;
   65         2.(b) If the minor obtains the firearm as a result of an
   66  unlawful entry by any person;
   67         3.(c) To injuries resulting from target or sport shooting
   68  accidents or hunting accidents; or
   69         4.(d) To members of the United States Armed Forces,
   70  National Guard, or State Militia, or to police or other law
   71  enforcement officers, with respect to firearm possession by a
   72  minor which occurs during or incidental to the performance of
   73  their official duties.
   74  
   75  When any minor child is accidentally shot by another family
   76  member, an arrest may not no arrest shall be made pursuant to
   77  this subsection before prior to 7 days after the date of the
   78  shooting. With respect to any parent or guardian of any deceased
   79  minor, the investigating officers shall file all findings and
   80  evidence with the state attorney’s office with respect to
   81  violations of this subsection. The state attorney shall evaluate
   82  such evidence and shall take such action as he or she deems
   83  appropriate under the circumstances, and may file an information
   84  against the appropriate parties.
   85         (4) As used in this section act, the term “minor” means a
   86  any person younger than 18 years of age under the age of 16.
   87         Section 2. Paragraph (c) of subsection (2) of section
   88  790.115, Florida Statutes, is amended to read:
   89         790.115 Possessing or discharging weapons or firearms at a
   90  school-sponsored event or on school property prohibited;
   91  penalties; exceptions.—
   92         (2)
   93         (c)1. Except as provided in paragraph (e), a person who
   94  willfully and knowingly possesses any firearm in violation of
   95  this subsection commits a felony of the third degree, punishable
   96  as provided in s. 775.082, s. 775.083, or s. 775.084.
   97         2. A person who stores or leaves a loaded firearm within
   98  the reach or easy access of a minor who obtains the firearm and
   99  commits a violation of subparagraph 1. commits a misdemeanor of
  100  the second degree, punishable as provided in s. 775.082 or s.
  101  775.083; except that this does not apply if the firearm was
  102  stored or left in a securely locked box or container or in a
  103  secure location which a reasonable person would have believed to
  104  be secure, or was securely locked with a firearm-mounted push
  105  button combination lock or a firearm locking mechanism trigger
  106  lock; if the minor obtains the firearm as a result of an
  107  unlawful entry by any person; or to members of the United States
  108  Armed Forces, National Guard, or State Militia, or to police or
  109  other law enforcement officers, with respect to firearm
  110  possession by a minor which occurs during or incidental to the
  111  performance of their official duties.
  112         Section 3. Section 790.174, Florida Statutes, is amended to
  113  read:
  114         790.174 Safe storage of firearms required.—
  115         (1) As used in this section, the term “minor” means a
  116  person younger than 18 years of age.
  117         (2) A person who stores or leaves, on a premise under his
  118  or her control, a loaded firearm, as defined in s. 790.001, and
  119  who knows or reasonably should know that a minor is likely to
  120  gain access to the firearm without the lawful permission of the
  121  minor’s parent or guardian or the person having charge of the
  122  minor, or without the supervision required by law, shall keep
  123  the firearm in a securely locked box or container or in a
  124  location which a reasonable person would believe to be secure or
  125  shall secure it with a firearm locking mechanism trigger lock,
  126  except when the person is carrying the firearm on his or her
  127  body or within such close proximity thereto that he or she can
  128  retrieve and use it as easily and quickly as if he or she
  129  carried it on his or her body.
  130         (3)(2) It is a misdemeanor of the second degree, punishable
  131  as provided in s. 775.082 or s. 775.083, if a person violates
  132  subsection (2) (1) by failing to store or leave a firearm in the
  133  required manner and as a result thereof a minor gains access to
  134  the firearm, without the lawful permission of the minor’s parent
  135  or guardian or the person having charge of the minor, and
  136  possesses or exhibits it, without the supervision required by
  137  law:
  138         (a) In a public place; or
  139         (b) In a rude, careless, angry, or threatening manner in
  140  violation of s. 790.10;
  141         (c)During the commission of any violation of law; or
  142         (d)When great bodily harm or injury occurs, unless the
  143  bodily harm or injury is a result of the firearm being used for
  144  lawful self-defense or defense of another person.
  145  
  146  This subsection does not apply if the minor obtains the firearm
  147  as a result of an unlawful entry by any person.
  148         (3)As used in this act, the term “minor” means any person
  149  under the age of 16.
  150         Section 4. Section 790.175, Florida Statutes, is amended to
  151  read:
  152         790.175 Transfer or sale of firearms; required warnings and
  153  information; penalties.—
  154         (1) Upon the retail commercial sale or retail transfer of
  155  any firearm, the seller or transferor shall deliver a written
  156  warning to the purchaser or transferee, which warning states, in
  157  block letters not less than 1/4 inch in height:
  158  
  159         IT IS UNLAWFUL, AND PUNISHABLE BY IMPRISONMENT AND
  160         FINE, FOR ANY ADULT TO STORE OR LEAVE A FIREARM IN AN
  161         UNSAFE MANNER IN ANY PLACE WITHIN THE REACH OR EASY
  162         ACCESS OF A MINOR UNDER 18 YEARS OF AGE OR TO
  163         KNOWINGLY SELL OR OTHERWISE TRANSFER OWNERSHIP OR
  164         POSSESSION OF A FIREARM TO A MINOR OR A PERSON OF
  165         UNSOUND MIND.
  166  
  167         (2) Any retail or wholesale store, shop, or sales outlet
  168  which sells firearms must conspicuously post at each purchase
  169  counter the following warning in block letters not less than 1
  170  inch in height:
  171  
  172         IT IS UNLAWFUL TO STORE OR LEAVE A FIREARM IN AN
  173         UNSAFE MANNER IN ANY PLACE WITHIN THE REACH OR EASY
  174         ACCESS OF A MINOR UNDER 18 YEARS OF AGE OR TO
  175         KNOWINGLY SELL OR OTHERWISE TRANSFER OWNERSHIP OR
  176         POSSESSION OF A FIREARM TO A MINOR OR A PERSON OF
  177         UNSOUND MIND.
  178  
  179         (3)(a)At the time of the retail commercial sale or the
  180  retail transfer of any firearm, the seller or transferor shall
  181  comply with all of the following:
  182         1.Provide each purchaser or transferee with a brochure on
  183  basic firearm safety. The brochure must be produced by a
  184  national nonprofit membership organization that provides a
  185  comprehensive voluntary safety program, including the training
  186  of individuals on the safe handling and use of firearms, or by a
  187  comparable nonprofit organization, and must contain all of the
  188  following information relating to firearms:
  189         a.Rules for the safe handling, storage, and use of
  190  firearms;
  191         b.Nomenclature and descriptions of various types of
  192  firearms;
  193         c.Responsibilities of firearm ownership; and
  194         d.The following information developed by the Department of
  195  Law Enforcement:
  196         (I)A list of locations where handguns are prohibited; and
  197         (II)Information concerning the use of handguns for self
  198  defense;
  199         2.Offer the purchaser a demonstration of how to use a
  200  firearm locking mechanism; and
  201         3.Post in a conspicuous place information relating to the
  202  availability of known local voluntary firearm safety programs.
  203         (b)The brochure required under paragraph (a) does not need
  204  to be provided by the firearm dealer if the firearm manufacturer
  205  provides with the firearm a brochure on basic firearm safety.
  206         (c)The firearm dealer may charge a fee for the brochure
  207  which may not exceed the dealer’s cost in obtaining the
  208  brochure.
  209         (d)Organizations that produce brochures on basic firearm
  210  safety for distribution to firearm dealers for subsequent
  211  distribution to purchasers of firearms under this section and
  212  firearm dealers are not liable for injuries resulting from the
  213  accidental discharge of nondefective firearms purchased from any
  214  firearm dealer.
  215         (4) Any person or business that knowingly violates
  216  subsection (1) or subsection (2) or that violates subsection (3)
  217  violating a requirement to provide warning under this section
  218  commits a misdemeanor of the second degree, punishable as
  219  provided in s. 775.082 or s. 775.083.
  220         Section 5. Paragraph (b) of subsection (3) of section
  221  921.0022, Florida Statutes, is amended to read:
  222         921.0022 Criminal Punishment Code; offense severity ranking
  223  chart.—
  224         (3) OFFENSE SEVERITY RANKING CHART
  225         (b) LEVEL 2
  226  
  227  FloridaStatute             FelonyDegree        Description        
  228  379.2431 (1)(e)3.              3rd     Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
  229  379.2431 (1)(e)4.              3rd     Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
  230  403.413(6)(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.
  231  517.07(2)                      3rd     Failure to furnish a prospectus meeting requirements.
  232  590.28(1)                      3rd     Intentional burning of lands.
  233  784.03(3)                      3rd     Battery during a riot or an aggravated riot.
  234  784.05(3)(a)1.784.05(3)        3rd     Adult storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
  235  787.04(1)                      3rd     In violation of court order, take, entice, etc., minor beyond state limits.
  236  806.13(1)(b)3.                 3rd     Criminal mischief; damage $1,000 or more to public communication or any other public service.
  237  806.13(3)                      3rd     Criminal mischief; damage of $200 or more to a memorial or historic property.
  238  810.061(2)                     3rd     Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
  239  810.09(2)(e)                   3rd     Trespassing on posted commercial horticulture property.
  240  812.014(2)(c)1.                3rd     Grand theft, 3rd degree; $750 or more but less than $5,000.
  241  812.014(2)(d)                  3rd     Grand theft, 3rd degree; $100 or more but less than $750, taken from unenclosed curtilage of dwelling.
  242  812.015(7)                     3rd     Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
  243  817.234(1)(a)2.                3rd     False statement in support of insurance claim.
  244  817.481(3)(a)                  3rd     Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
  245  817.52(3)                      3rd     Failure to redeliver hired vehicle.
  246  817.54                         3rd     With intent to defraud, obtain mortgage note, etc., by false representation.
  247  817.60(5)                      3rd     Dealing in credit cards of another.
  248  817.60(6)(a)                   3rd     Forgery; purchase goods, services with false card.
  249  817.61                         3rd     Fraudulent use of credit cards over $100 or more within 6 months.
  250  826.04                         3rd     Knowingly marries or has sexual intercourse with person to whom related.
  251  831.01                         3rd     Forgery.                   
  252  831.02                         3rd     Uttering forged instrument; utters or publishes alteration with intent to defraud.
  253  831.07                         3rd     Forging bank bills, checks, drafts, or promissory notes.
  254  831.08                         3rd     Possessing 10 or more forged notes, bills, checks, or drafts.
  255  831.09                         3rd     Uttering forged notes, bills, checks, drafts, or promissory notes.
  256  831.11                         3rd     Bringing into the state forged bank bills, checks, drafts, or notes.
  257  832.05(3)(a)                   3rd     Cashing or depositing item with intent to defraud.
  258  843.01(2)                      3rd     Resist police canine or police horse with violence; under certain circumstances.
  259  843.08                         3rd     False personation.         
  260  843.19(3)                      3rd     Touch or strike police, fire, SAR canine or police horse.
  261  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)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs other than cannabis.
  262  893.147(2)                     3rd     Manufacture or delivery of drug paraphernalia.
  263         Section 6. For the purpose of incorporating the amendment
  264  made by this act to section 790.174, Florida Statutes, in a
  265  reference thereto, paragraph (g) of subsection (5) of section
  266  409.175, Florida Statutes, is reenacted to read:
  267         409.175 Licensure of family foster homes, residential
  268  child-caring agencies, and child-placing agencies; public
  269  records exemption.—
  270         (5) The department shall adopt and amend rules for the
  271  levels of licensed care associated with the licensure of family
  272  foster homes, residential child-caring agencies, and child
  273  placing agencies. The rules may include criteria to approve
  274  waivers to licensing requirements when applying for a child
  275  specific license.
  276         (g) The department’s rules shall include adoption of a form
  277  to be used by child-placing agencies during an adoption home
  278  study that requires all prospective adoptive applicants to
  279  acknowledge in writing the receipt of a document containing
  280  solely and exclusively the language provided for in s. 790.174
  281  verbatim.
  282         Section 7. This act shall take effect October 1, 2024.