CODING: Words stricken are deletions; words underlined are additions.House Bill 1349e1
HB 1349, First Engrossed/ntc
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.
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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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HB 1349, First Engrossed/ntc
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 firearm-mounted push button combination lock or
7 a trigger lock.
8 (b) If the minor obtains the firearm as a result of an
9 unlawful entry by any person.
10 (c) To members of the Armed Forces, National Guard, or
11 State Militia, or to police or other law enforcement officers,
12 with respect to firearm possession by a minor which occurs
13 during or incidental to the performance of their official
14 duties.
15 (4)(3) Whoever violates subsection (1) by storing or
16 leaving a loaded firearm within the reach or easy access of a
17 minor commits, if the minor obtains the firearm and uses it to
18 inflict injury or death upon himself or any other person, a
19 felony of the third degree, punishable as provided in s.
20 775.082, s. 775.083, or s. 775.084. However, this subsection
21 does not apply:
22 (a) If the firearm was stored or left in a securely
23 locked box or container or in a location which a reasonable
24 person would have believed to be secure, or was securely
25 locked with a trigger lock;
26 (b) If the minor obtains the firearm as a result of an
27 unlawful entry by any person;
28 (c) To injuries resulting from target or sport
29 shooting accidents or hunting accidents; or
30 (d) To members of the Armed Forces, National Guard, or
31 State Militia, or to police or other law enforcement officers,
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HB 1349, First Engrossed/ntc
1 with respect to firearm possession by a minor which occurs
2 during or incidental to the performance of their official
3 duties.
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5 When any minor child is accidentally shot by another family
6 member, no arrest shall be made pursuant to this subsection
7 prior to 7 days after the date of the shooting. With respect
8 to any parent or guardian of any deceased minor, the
9 investigating officers shall file all findings and evidence
10 with the state attorney's office with respect to violations of
11 this subsection. The state attorney shall evaluate such
12 evidence and shall take such action as he or she deems
13 appropriate under the circumstances and may file an
14 information against the appropriate parties.
15 (5)(4) As used in this act, the term "minor" means any
16 person under the age of 16.
17 Section 2. Paragraph (b) of subsection (3) of section
18 921.0012, Florida Statutes, 1996 Supplement, is amended to
19 read:
20 921.0012 Sentencing guidelines offense levels; offense
21 severity ranking chart.--
22 (3) OFFENSE SEVERITY RANKING CHART
23 Florida Felony
24 Statute Degree Description
25
26
27 (b) LEVEL 2
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HB 1349, First Engrossed/ntc
1 403.413(5)(c) 3rd Dumps waste litter exceeding 500
2 lbs. in weight or 100 cubic feet
3 in volume or any quantity for
4 commercial purposes, or hazardous
5 waste.
6 517.07 3rd Registration of securities and
7 furnishing of prospectus
8 required.
9 590.28(1) 3rd Willful, malicious, or
10 intentional burning.
11 784.05(4)(3) 3rd Storing or leaving a loaded
12 firearm within reach of minor who
13 uses it to inflict injury or
14 death.
15 787.04(1) 3rd In violation of court order,
16 take, entice, etc., minor beyond
17 state limits.
18 806.13(1)(b)3. 3rd Criminal mischief; damage $1,000
19 or more to public communication
20 or any other public service.
21 810.09(2)(e) 3rd Trespassing on posted commerical
22 horticulture property.
23 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $300 or
24 more but less than $5,000.
25 812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or
26 more but less than $300, taken
27 from unenclosed curtilage of
28 dwelling.
29 817.234(1)(a)2. 3rd False statement in support of
30 insurance claim.
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HB 1349, First Engrossed/ntc
1 817.481(3)(a) 3rd Obtain credit or purchase with
2 false, expired, counterfeit,
3 etc., credit card, value over
4 $300.
5 817.52(3) 3rd Failure to redeliver hired
6 vehicle.
7 817.54 3rd With intent to defraud, obtain
8 mortgage note, etc., by false
9 representation.
10 817.60(5) 3rd Dealing in credit cards of
11 another.
12 817.60(6)(a) 3rd Forgery; purchase goods, services
13 with false card.
14 817.61 3rd Fraudulent use of credit cards
15 over $100 or more within 6
16 months.
17 826.04 3rd Knowingly marries or has sexual
18 intercourse with person to whom
19 related.
20 831.01 3rd Forgery.
21 831.02 3rd Uttering forged instrument;
22 utters or publishes alteration
23 with intent to defraud.
24 831.07 3rd Forging bank bills or promissory
25 note.
26 831.08 3rd Possession of 10 or more forged
27 notes.
28 831.09 3rd Uttering forged bills; passes as
29 bank bill or promissory note.
30 832.05(3)(a) 3rd Cashing or depositing item with
31 intent to defraud.
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HB 1349, First Engrossed/ntc
1 843.08 3rd Falsely impersonating an officer.
2 893.13(2)(a)2. 3rd Purchase of any s. 893.03(1)(c),
3 (2)(c), (3), or (4) drugs other
4 than cannabis.
5 893.147(2) 3rd Manufacture or delivery of drug
6 paraphernalia.
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8 Section 3. This act shall take effect October 1, 1997.
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