Florida Senate - 2017                                     SB 142
       
       
        
       By Senator Farmer
       
       34-00288-17                                            2017142__
    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; deleting provisions
    7         relating to conditions for committing the crime of
    8         failing to safely store, leave, or secure a loaded
    9         firearm in a specified manner; reenacting s.
   10         409.175(5)(f), F.S., relating to rules of the
   11         Department of Children and Families requiring the
   12         adoption of a form used by child-placing agencies;
   13         providing an effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Section 790.174, Florida Statutes, is amended to
   18  read:
   19         790.174 Safe storage of firearms required.—
   20         (1) As used in this section, the term “minor” means a
   21  person younger than 16 years of age.
   22         (2)(1) A person who stores or leaves, on a premise under
   23  his or her control, a loaded firearm, as defined in s. 790.001,
   24  and who knows or reasonably should know that a minor is likely
   25  to gain access to the firearm without the lawful permission of
   26  the minor’s parent or the person having charge of the minor, or
   27  without the supervision required by law, shall keep the firearm
   28  in a securely locked box or container or in a location which a
   29  reasonable person would believe to be secure or shall secure it
   30  with a trigger lock, except when the person is carrying the
   31  firearm on his or her body or within such close proximity
   32  thereto that he or she can retrieve and use it as easily and
   33  quickly as if he or she carried it on his or her body.
   34         (3)(2) It is A person who violates subsection (2) commits a
   35  misdemeanor of the second degree, punishable as provided in s.
   36  775.082 or s. 775.083, if a person violates subsection (1) by
   37  failing to store or leave a firearm in the required manner and
   38  as a result thereof a minor gains access to the firearm, without
   39  the lawful permission of the minor’s parent or the person having
   40  charge of the minor, and possesses or exhibits it, without the
   41  supervision required by law:
   42         (a) In a public place; or
   43         (b) In a rude, careless, angry, or threatening manner in
   44  violation of s. 790.10.
   45  
   46  This subsection does not apply if the minor obtains the firearm
   47  as a result of an unlawful entry by any person.
   48         (3) As used in this act, the term “minor” means any person
   49  under the age of 16.
   50         Section 2. For the purpose of incorporating the amendment
   51  made by this act to section 790.174, Florida Statutes, in a
   52  reference thereto, paragraph (f) of subsection (5) of section
   53  409.175, Florida Statutes, is reenacted to read:
   54         409.175 Licensure of family foster homes, residential
   55  child-caring agencies, and child-placing agencies; public
   56  records exemption.—
   57         (5)
   58         (f) The department’s rules shall include adoption of a form
   59  to be used by child-placing agencies during an adoption home
   60  study that requires all prospective adoptive applicants to
   61  acknowledge in writing the receipt of a document containing
   62  solely and exclusively the language provided for in s. 790.174
   63  verbatim.
   64         Section 3. This act shall take effect October 1, 2017.