CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. SB 1586

    Amendment No.    

                            CHAMBER ACTION
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10                                                                

11  Senator Meek moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 3, between lines 19 and 20,

15

16  insert:

17         Section 3.  Section 790.001, Florida Statutes, is

18  amended to read:

19         790.001  Definitions.--As used in this chapter, except

20  where the context otherwise requires:

21         (1)  "Antique firearm" means any firearm manufactured

22  in or before 1918 (including any matchlock, flintlock,

23  percussion cap, or similar early type of ignition system) or

24  replica thereof, whether actually manufactured before or after

25  the year 1918, and also any firearm using fixed ammunition

26  manufactured in or before 1918, for which ammunition is no

27  longer manufactured in the United States and is not readily

28  available in the ordinary channels of commercial trade.

29         (2)  "Child-proof handgun" means a handgun which

30  incorporates within its design, and as part of its original

31  manufacture, technology which automatically limits its

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                                                  SENATE AMENDMENT

    Bill No. SB 1586

    Amendment No.    





 1  operational use, and which cannot be readily deactivated, so

 2  that it may only be fired by an authorized or recognized user.

 3  The technology limiting the handgun's operational use may

 4  include, but not be limited to: radio tagging, touch memory,

 5  remote control, fingerprint, magnetic encoding and other

 6  automatic user identification systems utilizing biometrics,

 7  mechanical and electronic systems.

 8         (3)(2)  "Concealed firearm" means any firearm, as

 9  defined in subsection (6), which is carried on or about a

10  person in such a manner as to conceal the firearm from the

11  ordinary sight of another person.

12         (4)(3)(a)  "Concealed weapon" means any dirk, metallic

13  knuckles, slungshot, billie, tear gas gun, chemical weapon or

14  device, or other deadly weapon carried on or about a person in

15  such a manner as to conceal the weapon from the ordinary sight

16  of another person.

17         (b)  "Tear gas gun" or "chemical weapon or device"

18  means any weapon of such nature, except a device known as a

19  "self-defense chemical spray." "Self-defense chemical spray"

20  means a device carried solely for purposes of lawful

21  self-defense that is compact in size, designed to be carried

22  on or about the person, and contains not more than two ounces

23  of chemical.

24         (5)(4)  "Destructive device" means any bomb, grenade,

25  mine, rocket, missile, pipebomb, or similar device containing

26  an explosive, incendiary, or poison gas and includes any

27  frangible container filled with an explosive, incendiary,

28  explosive gas, or expanding gas, which is designed or so

29  constructed as to explode by such filler and is capable of

30  causing bodily harm or property damage; any combination of

31  parts either designed or intended for use in converting any

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                                                  SENATE AMENDMENT

    Bill No. SB 1586

    Amendment No.    





 1  device into a destructive device and from which a destructive

 2  device may be readily assembled; any device declared a

 3  destructive device by the Bureau of Alcohol, Tobacco, and

 4  Firearms; any type of weapon which will, is designed to, or

 5  may readily be converted to expel a projectile by the action

 6  of any explosive and which has a barrel with a bore of

 7  one-half inch or more in diameter; and ammunition for such

 8  destructive devices, but not including shotgun shells or any

 9  other ammunition designed for use in a firearm other than a

10  destructive device.  "Destructive device" does not include:

11         (a)  A device which is not designed, redesigned, used,

12  or intended for use as a weapon;

13         (b)  Any device, although originally designed as a

14  weapon, which is redesigned so that it may be used solely as a

15  signaling, line-throwing, safety, or similar device;

16         (c)  Any shotgun other than a short-barreled shotgun;

17  or

18         (d)  Any nonautomatic rifle (other than a

19  short-barreled rifle) generally recognized or particularly

20  suitable for use for the hunting of big game.

21         (6)(5)  "Explosive" means any chemical compound or

22  mixture that has the property of yielding readily to

23  combustion or oxidation upon application of heat, flame, or

24  shock, including but not limited to dynamite, nitroglycerin,

25  trinitrotoluene, or ammonium nitrate when combined with other

26  ingredients to form an explosive mixture, blasting caps, and

27  detonators; but not including:

28         (a)  Shotgun shells, cartridges, or ammunition for

29  firearms;

30         (b)  Fireworks as defined in s. 791.01;

31         (c)  Smokeless propellant powder or small arms

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                                                  SENATE AMENDMENT

    Bill No. SB 1586

    Amendment No.    





 1  ammunition primers, if possessed, purchased, sold,

 2  transported, or used in compliance with s. 552.241;

 3         (d)  Black powder in quantities not to exceed that

 4  authorized by chapter 552, or by any rules or regulations

 5  promulgated thereunder by the Department of Insurance, when

 6  used for, or intended to be used for, the manufacture of

 7  target and sporting ammunition or for use in muzzle-loading

 8  flint or percussion weapons.

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10  The exclusions contained in paragraphs (a)-(d) do not apply to

11  the term "explosive" as used in the definition of "firearm" in

12  subsection (6).

13         (7)(6)  "Firearm" means any weapon (including a starter

14  gun) which will, is designed to, or may readily be converted

15  to expel a projectile by the action of an explosive; the frame

16  or receiver of any such weapon; any firearm muffler or firearm

17  silencer; any destructive device; or any machine gun.  The

18  term "firearm" does not include an antique firearm unless the

19  antique firearm is used in the commission of a crime.

20         (8)(7)  "Indictment" means an indictment or an

21  information in any court under which a crime punishable by

22  imprisonment for a term exceeding 1 year may be prosecuted.

23         (9)(8)  "Law enforcement officer" means:

24         (a)  All officers or employees of the United States or

25  the State of Florida, or any agency, commission, department,

26  board, division, municipality, or subdivision thereof, who

27  have authority to make arrests;

28         (b)  Officers or employees of the United States or the

29  State of Florida, or any agency, commission, department,

30  board, division, municipality, or subdivision thereof, duly

31  authorized to carry a concealed weapon;

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                                                  SENATE AMENDMENT

    Bill No. SB 1586

    Amendment No.    





 1         (c)  Members of the Armed Forces of the United States,

 2  the organized reserves, state militia, or Florida National

 3  Guard, when on duty, when preparing themselves for, or going

 4  to or from, military duty, or under orders;

 5         (d)  An employee of the state prisons or correctional

 6  systems who has been so designated by the Department of

 7  Corrections or by a superintendent of an institution;

 8         (e)  All peace officers;

 9         (f)  All state attorneys and United States attorneys

10  and their respective assistants and investigators.

11         (10)(9)  "Machine gun" means any firearm, as defined

12  herein, which shoots, or is designed to shoot, automatically

13  more than one shot, without manually reloading, by a single

14  function of the trigger.

15         (11)(10)  "Short-barreled shotgun" means a shotgun

16  having one or more barrels less than 18 inches in length and

17  any weapon made from a shotgun (whether by alteration,

18  modification, or otherwise) if such weapon as modified has an

19  overall length of less than 26 inches.

20         (12)(11)  "Short-barreled rifle" means a rifle having

21  one or more barrels less than 16 inches in length and any

22  weapon made from a rifle (whether by alteration, modification,

23  or otherwise) if such weapon as modified has an overall length

24  of less than 26 inches.

25         (13)(12)  "Slungshot" means a small mass of metal,

26  stone, sand, or similar material fixed on a flexible handle,

27  strap, or the like, used as a weapon.

28         (14)(13)  "Weapon" means any dirk, metallic knuckles,

29  slungshot, billie, tear gas gun, chemical weapon or device, or

30  other deadly weapon except a firearm or a common pocketknife.

31         (15)(14)  "Electric weapon or device" means any device

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                                                  SENATE AMENDMENT

    Bill No. SB 1586

    Amendment No.    





 1  which, through the application or use of electrical current,

 2  is designed, redesigned, used, or intended to be used for

 3  offensive or defensive purposes, the destruction of life, or

 4  the infliction of injury.

 5         (16)(15)  "Remote stun gun" means any nonlethal device

 6  with a tethered range not to exceed 16 feet and which shall

 7  utilize an identification and tracking system which, upon use,

 8  disperses coded material traceable to the purchaser through

 9  records kept by the manufacturer on all remote stun guns and

10  all individual cartridges sold which information shall be made

11  available to any law enforcement agency upon request.

12         (17)(16)  "Readily accessible for immediate use" means

13  that a firearm or other weapon is carried on the person or

14  within such close proximity and in such a manner that it can

15  be retrieved and used as easily and quickly as if carried on

16  the person.

17         (18)(17)  "Securely encased" means in a glove

18  compartment, whether or not locked; snapped in a holster; in a

19  gun case, whether or not locked; in a zippered gun case; or in

20  a closed box or container which requires a lid or cover to be

21  opened for access.

22         (19)  "Trigger locking device" means a device that, if

23  installed on a firearm and secured by means of a key or

24  mechanically, electronically or electromechanically operated

25  combination lock, prevents the firearm from being discharged

26  without first deactivating or removing the device by means of

27  a key or mechanically, electronically or electromechanically

28  operated combination lock.

29         (20)(18)  "Sterile area" means the area of an airport

30  to which access is controlled by the inspection of persons and

31  property in accordance with federally approved airport

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                                                  SENATE AMENDMENT

    Bill No. SB 1586

    Amendment No.    





 1  security programs.

 2         Section 4.  Subsection (4) of section 79.0655, Florida

 3  Statutes is created to read:

 4         (a)  A licensed importer, licensed manufacturer, or

 5  licensed dealer may not sell or deliver from her or his

 6  inventory at her or his licensed premises any handgun to

 7  another person, other than a licensed importer, licensed

 8  manufacturer, licensed dealer, or licensed collector, unless

 9  the handgun is accompanied by a trigger locking device or has

10  been certified by the Department of Law Enforcement to be a

11  child-proof handgun. This paragraph shall expire on July 1,

12  2002.

13         (b)  Effective July 1, 2002, a licensed importer,

14  licensed manufacturer, or licensed dealer may not sell or

15  deliver from her or his inventory at her or his licensed

16  premises any handgun to another person, other than a licensed

17  importer, licensed manufacturer, licensed dealer, or licensed

18  collector, unless it has been certified by the Department of

19  Law Enforcement to be a child-proof handgun.

20         (c)  The Department of Law Enforcement shall prepare a

21  list containing the make and model of handguns which the

22  department certifies to meet the definition of a "child-proof

23  handgun." The department shall make this list available to

24  licensed importers, licensed manufacturers or dealers.

25         (d)  Any licensed importer, licensed manufacturer, or

26  licensed dealer or any employee or agency of a licensed

27  importer, licensed manufacturer, or licensed dealer who

28  violates the provisions of this subsection commits a felony of

29  the third degree punishable as provided in s. 775.082 or s.

30  775.083.

31         (e)  This subsection does not apply to employees of

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    Bill No. SB 1586

    Amendment No.    





 1  sheriff's offices, municipal police departments, correctional

 2  facilities or agencies, or other criminal justice or

 3  governmental agencies when the purchases or transfers are made

 4  on behalf of an employing agency for official law enforcement

 5  purposes.

 6         Section 5.  Subsection (1) of section 790.174, Florida

 7  Statutes, is amended to read:

 8         790.174  Safe storage of firearms required.--

 9         (1)  A person who stores or leaves, on a premise under

10  his or her control, a loaded firearm, as defined in s.

11  790.001, and who knows or reasonably should know that a minor

12  is likely to gain access to the firearm without the lawful

13  permission of the minor's parent or the person having charge

14  of the minor, or without the supervision required by law,

15  shall keep the firearm in a securely locked box or container

16  or in a location which a reasonable person would believe to be

17  secure or shall secure it with an activated a trigger locking

18  device lock, except when the person is carrying the firearm on

19  his or her body or within such close proximity thereto that he

20  or she can retrieve and use it as easily and quickly as if he

21  or she carried it on his or her body. However, if the person

22  stores or leaves the firearm on any premises where the person

23  knows or reasonably should know that a minor is temporarily or

24  permanently residing, the person must in all cases secure the

25  firearm with an activated trigger locking device, in addition

26  to keeping the firearm in a secure location, except when the

27  person is carrying the firearm on his or her body or within

28  such close proximity thereto that he or she can retrieve it

29  and use it as easily and quickly as if he or she carried it on

30  his or her body.

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                                                  SENATE AMENDMENT

    Bill No. SB 1586

    Amendment No.    





 1  (Redesignate subsequent sections.)

 2

 3

 4  ================ T I T L E   A M E N D M E N T ===============

 5  And the title is amended as follows:

 6         On page 1, lines 2-15, delete those lines

 7

 8  and insert:

 9         An act relating to firearms; creating s.

10         790.331, F.S.; prohibiting civil actions

11         against manufacturers and dealers of firearms

12         and ammunition under certain circumstances;

13         providing legislative findings; providing

14         conditions to sue on behalf of the state for

15         its agencies and instrumentalities, or on

16         behalf of a county, municipality, town, special

17         purpose district, or any other political

18         subdivision of the state; providing

19         application; providing penalties; providing for

20         expenses to be awarded in certain civil

21         actions; providing for application; amending s.

22         790.001, F.S.; defining the terms "child-proof

23         handgun" and "trigger locking device"; amending

24         s. 790.0655, F.S.; providing that a handgun may

25         not be sold or delivered without a trigger

26         locking device or unless it is a child-proof

27         handgun; providing that after July 1, 2002, a

28         handgun may not be sold or delivered unless it

29         is a child-proof handgun; providing that the

30         Department of Law Enforcement shall certify and

31         provide lists of child-proof handguns;

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                                                  SENATE AMENDMENT

    Bill No. SB 1586

    Amendment No.    





 1         providing penalties; amending s. 790.174, F.S.;

 2         requiring a person to secure a firearm with a

 3         trigger locking device under specific

 4         circumstances when the firearm is left or

 5         stored on premises where such minors reside;

 6         providing penalties for failure to store or

 7         leave the firearm in the required manner under

 8         specified circumstances; providing

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