CODING: Words stricken are deletions; words underlined are additions.House Bill 1349
Florida House of Representatives - 1997 HB 1349
By Representative Betancourt
1 A bill to be entitled
2 An act relating to culpable negligence;
3 amending s. 784.05, F.S.; defining the offense
4 of storing or leaving a loaded firearm within
5 reach or easy access of a minor, which firearm
6 is obtained and taken to a public or private
7 elementary or secondary school by the minor;
8 providing penalties; providing exceptions;
9 amending s. 921.0012, F.S., relating to the
10 sentencing guidelines offense levels;
11 conforming a cross reference; providing an
12 effective date.
13
14 Be It Enacted by the Legislature of the State of Florida:
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16 Section 1. Section 784.05, Florida Statutes, is
17 amended to read:
18 784.05 Culpable negligence.--
19 (1) Whoever, through culpable negligence, exposes
20 another person to personal injury commits a misdemeanor of the
21 second degree, punishable as provided in s. 775.082 or s.
22 775.083.
23 (2) Whoever, through culpable negligence, inflicts
24 actual personal injury on another commits a misdemeanor of the
25 first degree, punishable as provided in s. 775.082 or s.
26 775.083.
27 (3) A person who stores or leaves a loaded firearm
28 within the reach or easy access of a minor commits, through
29 culpable negligence, if the minor obtains the firearm and
30 takes the firearm to a public or private elementary or
31 secondary school, a misdemeanor of the first degree,
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Florida House of Representatives - 1997 HB 1349
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1 punishable as provided in s. 775.082 or s. 775.083. However,
2 this subsection does not apply:
3 (a) If the firearm was stored or left in a securely
4 locked box or container or in a location which a reasonable
5 person would have believed to be secure, or was securely
6 locked with a trigger lock.
7 (b) If the minor obtains the firearm as a result of an
8 unlawful entry by any person.
9 (c) To members of the Armed Forces, National Guard, or
10 State Militia, or to police or other law enforcement officers,
11 with respect to firearm possession by a minor which occurs
12 during or incidental to the performance of their official
13 duties.
14 (4)(3) Whoever violates subsection (1) by storing or
15 leaving a loaded firearm within the reach or easy access of a
16 minor commits, if the minor obtains the firearm and uses it to
17 inflict injury or death upon himself or any other person, a
18 felony of the third degree, punishable as provided in s.
19 775.082, s. 775.083, or s. 775.084. However, this subsection
20 does not apply:
21 (a) If the firearm was stored or left in a securely
22 locked box or container or in a location which a reasonable
23 person would have believed to be secure, or was securely
24 locked with a trigger lock;
25 (b) If the minor obtains the firearm as a result of an
26 unlawful entry by any person;
27 (c) To injuries resulting from target or sport
28 shooting accidents or hunting accidents; or
29 (d) To members of the Armed Forces, National Guard, or
30 State Militia, or to police or other law enforcement officers,
31 with respect to firearm possession by a minor which occurs
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1 during or incidental to the performance of their official
2 duties.
3
4 When any minor child is accidentally shot by another family
5 member, no arrest shall be made pursuant to this subsection
6 prior to 7 days after the date of the shooting. With respect
7 to any parent or guardian of any deceased minor, the
8 investigating officers shall file all findings and evidence
9 with the state attorney's office with respect to violations of
10 this subsection. The state attorney shall evaluate such
11 evidence and shall take such action as he or she deems
12 appropriate under the circumstances and may file an
13 information against the appropriate parties.
14 (5)(4) As used in this act, the term "minor" means any
15 person under the age of 16.
16 Section 2. Paragraph (b) of subsection (3) of section
17 921.0012, Florida Statutes, 1996 Supplement, is amended to
18 read:
19 921.0012 Sentencing guidelines offense levels; offense
20 severity ranking chart.--
21 (3) OFFENSE SEVERITY RANKING CHART
22 Florida Felony
23 Statute Degree Description
24
25
26 (b) LEVEL 2
27 403.413(5)(c) 3rd Dumps waste litter exceeding 500
28 lbs. in weight or 100 cubic feet
29 in volume or any quantity for
30 commercial purposes, or hazardous
31 waste.
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1 517.07 3rd Registration of securities and
2 furnishing of prospectus
3 required.
4 590.28(1) 3rd Willful, malicious, or
5 intentional burning.
6 784.05(4)(3) 3rd Storing or leaving a loaded
7 firearm within reach of minor who
8 uses it to inflict injury or
9 death.
10 787.04(1) 3rd In violation of court order,
11 take, entice, etc., minor beyond
12 state limits.
13 806.13(1)(b)3. 3rd Criminal mischief; damage $1,000
14 or more to public communication
15 or any other public service.
16 810.09(2)(e) 3rd Trespassing on posted commerical
17 horticulture property.
18 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $300 or
19 more but less than $5,000.
20 812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or
21 more but less than $300, taken
22 from unenclosed curtilage of
23 dwelling.
24 817.234(1)(a)2. 3rd False statement in support of
25 insurance claim.
26 817.481(3)(a) 3rd Obtain credit or purchase with
27 false, expired, counterfeit,
28 etc., credit card, value over
29 $300.
30 817.52(3) 3rd Failure to redeliver hired
31 vehicle.
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1 817.54 3rd With intent to defraud, obtain
2 mortgage note, etc., by false
3 representation.
4 817.60(5) 3rd Dealing in credit cards of
5 another.
6 817.60(6)(a) 3rd Forgery; purchase goods, services
7 with false card.
8 817.61 3rd Fraudulent use of credit cards
9 over $100 or more within 6
10 months.
11 826.04 3rd Knowingly marries or has sexual
12 intercourse with person to whom
13 related.
14 831.01 3rd Forgery.
15 831.02 3rd Uttering forged instrument;
16 utters or publishes alteration
17 with intent to defraud.
18 831.07 3rd Forging bank bills or promissory
19 note.
20 831.08 3rd Possession of 10 or more forged
21 notes.
22 831.09 3rd Uttering forged bills; passes as
23 bank bill or promissory note.
24 832.05(3)(a) 3rd Cashing or depositing item with
25 intent to defraud.
26 843.08 3rd Falsely impersonating an officer.
27 893.13(2)(a)2. 3rd Purchase of any s. 893.03(1)(c),
28 (2)(c), (3), or (4) drugs other
29 than cannabis.
30 893.147(2) 3rd Manufacture or delivery of drug
31 paraphernalia.
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2 Section 3. This act shall take effect October 1, 1997.
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5 HOUSE SUMMARY
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Defines the offense of storing or leaving a loaded
7 firearm within the reach or easy access of a minor, which
firearm is obtained and taken to school by the minor.
8 Provides first-degree misdemeanor penalties for the
offense. Provides exceptions.
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