Florida Senate - 2009                                     SB 138
       
       
       
       By Senator Bullard
       
       
       
       
       39-00235-09                                            2009138__
    1                        A bill to be entitled                      
    2         An act relating to culpable negligence; providing a
    3         short title; amending s. 784.05, F.S.; prohibiting
    4         storing or leaving an assault weapon within the reach
    5         or easy access of another person if the person obtains
    6         the weapon and uses it to inflict injury or death;
    7         providing criminal penalties; defining the term
    8         “assault weapon”; amending s. 921.0022, F.S.;
    9         conforming provisions of the offense severity ranking
   10         chart of the Criminal Punishment Code; providing an
   11         effective date.
   12         
   13  Be It Enacted by the Legislature of the State of Florida:
   14         
   15         Section 1. This act may be cited as the “Officer Jose
   16  Somohano Assault Weapons Act.”
   17         Section 2. Section 784.05, Florida Statutes, is amended to
   18  read:
   19         784.05 Culpable negligence.—
   20         (1)As used in this section, the term “minor” means any
   21  person under the age of 16.
   22         (2)(1) Whoever, through culpable negligence, exposes
   23  another person to personal injury commits a misdemeanor of the
   24  second degree, punishable as provided in s. 775.082 or s.
   25  775.083.
   26         (3)(2) Whoever, through culpable negligence, inflicts
   27  actual personal injury on another commits a misdemeanor of the
   28  first degree, punishable as provided in s. 775.082 or s.
   29  775.083.
   30         (4)(3) Whoever violates subsection (2) (1) by storing or
   31  leaving a loaded firearm within the reach or easy access of a
   32  minor commits, if the minor obtains the firearm and uses it to
   33  inflict injury or death upon himself or herself or any other
   34  person, a felony of the third degree, punishable as provided in
   35  s. 775.082, s. 775.083, or s. 775.084. However, this subsection
   36  does not apply:
   37         (a) If the firearm was stored or left in a securely locked
   38  box or container or in a location which a reasonable person
   39  would have believed to be secure, or was securely locked with a
   40  trigger lock;
   41         (b) If the minor obtains the firearm as a result of an
   42  unlawful entry by any person;
   43         (c) To injuries resulting from target or sport shooting
   44  accidents or hunting accidents; or
   45         (d) To members of the Armed Forces, National Guard, or
   46  State Militia, or to police or other law enforcement officers,
   47  with respect to firearm possession by a minor which occurs
   48  during or incidental to the performance of their official
   49  duties.
   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 that 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 after 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 State
   77  Militia, or to police or other law enforcement officers, with
   78  respect to assault firearm possession that occurs during or
   79  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 the
   87  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;
   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 the
   96  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;
  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, shotgun,
  113  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 Galil;
  120         (III)Beretta Ar70 (SC-70);
  121         (IV)Colt AR-15;
  122         (V)Fabrique National FN/FAL, FN/LAR, and FNC;
  123         (VI)SWD M-10, M-11, M-11/9, and M-12;
  124         (VII)Steyr AUG;
  125         (VIII)INTRATEC TEC-9, TEC-DC9, and TEC-22; or
  126         (IX)Revolving cylinder shotguns, such as, or similar to,
  127  the Street Sweeper and Striker 12.
  128         2.The term does not include any rifle, shotgun, or pistol
  129  that:
  130         a.Is manually operated by bolt, pump, lever, or slide
  131  action;
  132         b.Has been rendered permanently inoperable;
  133         c.Is an antique firearm as defined in 18 U.S.C. s.
  134  921(a)(16);
  135         d.Is a semiautomatic rifle that cannot accept a detachable
  136  magazine that holds more than five rounds of ammunition;
  137         e.Is a semiautomatic shotgun that cannot hold more than
  138  five rounds of ammunition in a fixed or detachable magazine;
  139         f.Is a rifle, shotgun, or pistol, or a replica or a
  140  duplicate thereof, specified in Appendix A to 18 U.S.C. s. 922
  141  as such weapon was manufactured on October 1, 1993. The mere
  142  fact that a weapon is not listed in Appendix A does not mean
  143  that such weapon is an assault weapon; or
  144         g.Is a semiautomatic rifle, a semiautomatic shotgun, or a
  145  semiautomatic pistol or any of the weapons defined in sub
  146  subparagraph 1.d. lawfully possessed prior to September 14,
  147  1994.
  148         (4)As used in this act, the term “minor” means any person
  149  under the age of 16.
  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 ranking
  153  chart.—
  154         (3) OFFENSE SEVERITY RANKING CHART
  155         (b) LEVEL 2
  156  FloridaStatute    FelonyDegree                Description                
  157  379.2431(1)(e)3.  3rd     Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
  158  379.2431(1)(e)4.  3rd     Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
  159  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.
  160  517.07            3rd     Registration of securities and furnishing of prospectus required.
  161  590.28(1)         3rd     Willful, malicious, or intentional burning.
  162  784.05(4)(3)      3rd     Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
  163  784.05(5)         3rd     Storing or leaving an assault weapon within reach of another who uses it to inflict injury or death.
  164  787.04(1)         3rd     In violation of court order, take, entice, etc., minor beyond state limits.
  165  806.13(1)(b)3.    3rd     Criminal mischief; damage $1,000 or more to public communication or any other public service.
  166  810.061(2)        3rd     Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
  167  810.09(2)(e)      3rd     Trespassing on posted commercial horticulture property.
  168  812.014(2)(c)1.   3rd     Grand theft, 3rd degree; $300 or more but less than $5,000.
  169  812.014(2)(d)     3rd     Grand theft, 3rd degree; $100 or more but less than $300, taken from unenclosed curtilage of dwelling.
  170  812.015(7)        3rd     Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
  171  817.234(1)(a)2.   3rd     False statement in support of insurance claim.
  172  817.481(3)(a)     3rd     Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
  173  817.52(3)         3rd     Failure to redeliver hired vehicle.        
  174  817.54            3rd     With intent to defraud, obtain mortgage note, etc., by false representation.
  175  817.60(5)         3rd     Dealing in credit cards of another.        
  176  817.60(6)(a)      3rd     Forgery; purchase goods, services with false card.
  177  817.61            3rd     Fraudulent use of credit cards over $100 or more within 6 months.
  178  826.04            3rd     Knowingly marries or has sexual intercourse with person to whom related.
  179  831.01            3rd     Forgery.                                   
  180  831.02            3rd     Uttering forged instrument; utters or publishes alteration with intent to defraud.
  181  831.07            3rd     Forging bank bills, checks, drafts, or promissory notes.
  182  831.08            3rd     Possessing 10 or more forged notes, bills, checks, or drafts.
  183  831.09            3rd     Uttering forged notes, bills, checks, drafts, or promissory notes.
  184  831.11            3rd     Bringing into the state forged bank bills, checks, drafts, or notes.
  185  832.05(3)(a)      3rd     Cashing or depositing item with intent to defraud.
  186  843.08            3rd     Falsely impersonating an officer.          
  187  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.
  188  893.147(2)        3rd     Manufacture or delivery of drug paraphernalia.
  189         Section 4. This act shall take effect July 1, 2009.