House Bill 0363

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    Florida House of Representatives - 2000                 HB 363

        By Representatives Gottlieb, L. Miller, Wasserman Schultz
    and Effman





  1                      A bill to be entitled

  2         An act relating to weapons and firearms;

  3         creating the "Children's Firearm Responsibility

  4         Act of 2000"; amending s. 790.001, F.S.;

  5         defining "unsafe handgun" and "assault weapon";

  6         creating s. 790.0659, F.S.; prohibiting the

  7         manufacture and importation of unsafe handguns;

  8         providing exceptions; providing a penalty;

  9         creating s. 790.066, F.S.; prohibiting the

10         manufacture and importation of assault weapons;

11         providing exceptions; providing a penalty;

12         amending s. 790.17, F.S.; prohibiting the

13         furnishing of unsafe handguns and assault

14         weapons to minors under 18 years of age;

15         providing penalties; amending s. 784.05, F.S.,

16         relating to culpable negligence; providing a

17         fine and additional penalties for persons

18         convicted of leaving a loaded firearm within

19         the reach or easy access of a minor under

20         certain circumstances; amending s. 790.174,

21         F.S., relating to required safe storage of

22         firearms; providing applicability to firearms

23         stored or left within the interior of a motor

24         vehicle; providing a penalty for failure to

25         store or leave a firearm as required by law

26         under certain circumstances; creating s.

27         985.4167, F.S.; establishing the juvenile gun

28         violence prevention grant program; providing

29         criteria; providing for administration of the

30         program by the Department of Juvenile Justice;

31         providing for a grant application process;

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  1         requiring annual evaluation reports of entities

  2         receiving grant awards; providing for audit;

  3         amending s. 985.415, F.S., relating to the

  4         community juvenile justice partnership grant

  5         program; revising provisions to include

  6         community juvenile gun violence grants within

  7         the program; providing an appropriation;

  8         providing an effective date.

  9

10         WHEREAS, it is the expressed finding of the Legislature

11  under s. 790.173, Florida Statutes, that "a tragically large

12  number of Florida children have been accidently killed or

13  seriously wounded by negligently stored firearms," and

14         WHEREAS, it is the further finding of the Legislature

15  under s. 790.173, Florida Statutes, that "placing firearms

16  within the reach or easy access of children is irresponsible,

17  encourages such accidents, and should be prohibited; and that

18  legislative action is necessary to protect the safety of our

19  children," and

20         WHEREAS, the alarming increase in the incidence of

21  school shootings across the United States which have resulted

22  in death and serious injury to public school students,

23  teachers, and staff make the issue of juvenile gun violence

24  one of extreme importance to the citizens of the State of

25  Florida, NOW, THEREFORE,

26

27  Be It Enacted by the Legislature of the State of Florida:

28

29         Section 1.  SHORT TITLE.--This act may be cited as the

30  "Children's Firearm Responsibility Act of 2000."

31

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  1         Section 2.  Subsections (19) and (20) are added to

  2  section 790.001, Florida Statutes, to read:

  3         790.001  Definitions.--As used in this chapter, except

  4  where the context otherwise requires:

  5         (19)  "Unsafe handgun" means:

  6         (a)  Any handgun which, when new, fires in any of five

  7  successive trials in which the handgun, when loaded with an

  8  empty case with a primer installed and having built-in manual

  9  handgun safety devices deactivated so that the handgun is

10  ready to fire, is dropped onto a steel plate from a height of

11  1 meter from each of the following positions:

12         1.  Normal firing position.

13         2.  Upside down.

14         3.  On the grip.

15         4.  On the muzzle.

16         5.  On either side.

17         6.  On the exposed hammer or striker.

18         7.  If there is no hammer or striker, the rearmost part

19  of the firearm.

20         8.  Any other position necessary to determine whether

21  the handgun is subject to accidental discharge.

22         (b)  Any handgun without a child-resistant trigger

23  mechanism reasonably designed to prevent a child who has not

24  attained 5 years of age from operating the weapon when it is

25  ready to fire.  Such mechanism may include:

26         1.  Any handgun with a trigger resistance equivalent to

27  a 10-pound pull; or

28         2.  Any handgun which is designed so that the hand of

29  an average child who has not attained 5 years of age is unable

30  to grip the trigger.

31

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  1         (c)  Any semiautomatic pistol which does not have a

  2  magazine disconnect safety that prevents the pistol from being

  3  fired once the magazine or clip is removed from the weapon.

  4         (d)  A handgun sold without a mechanism or feature

  5  reasonably designed to prevent the discharge of the weapon by

  6  unauthorized users, including, but not limited to:

  7         1.  A detachable key-activated or combination lock

  8  which prevents the trigger from being pulled or the hammer

  9  from striking the primer;

10         2.  A solenoid use-limitation device which prevents, by

11  use of a magnetically activated relay, the firing of the

12  handgun unless a magnet of the appropriate strength is placed

13  in proximity to the handle of the handgun; or

14         3.  A removable hammer or striker.

15         (20)(a)  "Assault weapon" means the following

16  designated semiautomatic firearms:

17         1.  All of the following specified rifles:

18         a.  All AK series including, but not limited to, the

19  models identified as follows:

20         (I)  Made in China AK, AKM, AKS, AK47, AK47S, 56, 56S,

21  84S, and 86S.

22         (II)  Norinco 56, 56S, 84S, and 86S.

23         (III)  Poly Technologies AKS and AK47.

24         (IV)  MAADI AK47 and ARM.

25         b.  UZI and Galil.

26         c.  Beretta AR-70.

27         d.  CETME Sporter.

28         e.  Colt AR-15 series.

29         f.  Daewoo K-1, K-2, Max 1, Max 2, AR 100, and AR 110C.

30         g.  Fabrique Nationale FAL, LAR, FNC, 308 Match, and

31  Sporter.

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  1         h.  MAS 223.

  2         i.  HK-91, HK-93, HK-94, and HK-PSG-1.

  3         j.  The following MAC types:

  4         (I)  RPB Industries Inc. sM10 and sM11.

  5         (II)  SWD Incorporated M11.

  6         k.  SKS with detachable magazine.

  7         l.  SIG AMT, PE-57, SG 550, and SG 551.

  8         m.  Springfield Armory BM59 and SAR-48.

  9         n.  Sterling MK-6.

10         o.  Steyer AUG.

11         p.  Valmet M62S, M71S, and M78S.

12         q.  Armalite AR-180.

13         r.  Bushmaster Assault Rifle.

14         s.  Calico M-900.

15         t.  J&R ENG M-68.

16         u.  Weaver Arms Nighthawk.

17         2.  All of the following specified pistols:

18         a.  UZI.

19         b.  Encom MP-9 and MP-45.

20         c.  The following MAC types:

21         (I)  RPB Industries Inc. sM10 and sM11.

22         (II)  SWD Incorporated M-11.

23         (III)  Advance Armament Inc. M-11.

24         (IV)  Military Armament Corp. Ingram M-11.

25         d.  Intratec TEC-9.

26         e.  Sites Spectre.

27         f.  Sterling MK-7.

28         g.  Calico M-950.

29         h.  Bushmaster Pistol.

30         3.  All of the following specified shotguns:

31         a.  Franchi SPAS 12 and LAW 12.

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  1         b.  Striker 12.

  2         c.  The Streetsweeper type S/S Inc. SS/12.

  3

  4  For purposes of this paragraph, the term "series" includes all

  5  other models that are only variations, with minor differences,

  6  of those models listed in this paragraph, regardless of the

  7  manufacturer.

  8         (b)  Notwithstanding the provisions of paragraph (a),

  9  "assault weapon" shall also mean any of the following:

10         1.  A semiautomatic, centerfire rifle that has the

11  capacity to accept a detachable magazine and any one of the

12  following:

13         a.  A pistol grip that protrudes conspicuously beneath

14  the action of the weapon.

15         b.  A thumbhole stock.

16         c.  A folding or telescoping stock.

17         d.  A grenade launcher or flare launcher.

18         e.  A flash suppressor.

19         f.  A forward pistol grip.

20         2.  A semiautomatic, centerfire rifle that has a fixed

21  magazine with the capacity to accept more than 10 rounds.

22         3.  A semiautomatic, centerfire rifle that has an

23  overall length of less than 30 inches.

24         4.  A semiautomatic pistol that has the capacity to

25  accept a detachable magazine and any one of the following:

26         a.  A threaded barrel, capable of accepting a flash

27  suppressor, forward handgrip, or silencer.

28         b.  A second handgrip.

29         c.  A shroud that is attached to, or partially or

30  completely encircles, the barrel that allows the bearer to

31

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  1  fire the weapon without burning his or her hand, except a

  2  slide that encloses the barrel.

  3         d.  The capacity to accept a detachable magazine at

  4  some location outside of the pistol grip.

  5         5.  A semiautomatic pistol with a fixed magazine that

  6  has the capacity to accept more than 10 rounds.

  7         6.  A semiautomatic shotgun that has both of the

  8  following:

  9         a.  A folding or telescoping stock.

10         b.  A pistol grip that protrudes conspicuously beneath

11  the action of the weapon, thumbhole stock, or vertical

12  handgrip.

13         7.  A semiautomatic shotgun that has the ability to

14  accept a detachable magazine.

15         8.  Any shotgun with a revolving cylinder.

16

17  "Assault weapon" does not include any antique firearm as

18  defined in subsection (1).  For purposes of this subsection,

19  "magazine" shall mean any ammunition feeding device.  For

20  purposes of this subsection, "capacity to accept more than 10

21  rounds" shall mean the capability of accommodating more than

22  10 rounds, but shall not be construed to include a feeding

23  device that has been permanently altered so that it cannot

24  accommodate more than 10 rounds.

25         Section 3.  Section 790.0659, Florida Statutes, is

26  created to read:

27         790.0659  Manufacture and importation of unsafe

28  handguns prohibited.--

29         (1)  No licensed manufacturer or licensed importer

30  shall manufacture within the state or import into the state

31  any handgun that has been determined, upon testing and

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  1  evaluation by the Federal Bureau of Alcohol, Tobacco and

  2  Firearms, the Florida Department of Law Enforcement, or an

  3  agency or entity authorized by the bureau or the department to

  4  test and evaluate the safety of firearms, to be an unsafe

  5  handgun as defined in s. 790.001(19).

  6         (2)  Subsection (1) shall not apply to:

  7         (a)  The manufacture or importation of a handgun by a

  8  licensed manufacturer or licensed importer for use by a

  9  department or agency of the Federal Government, or a sheriff's

10  office, municipal police department, correctional facility or

11  agency, or other criminal justice or governmental agency of

12  the state, when the manufacture or importation is on behalf of

13  such agencies, entities, or departments for official law

14  enforcement purposes; or

15         (b)  The manufacture or importation of a handgun by a

16  licensed manufacturer or licensed importer for the purposes of

17  lawful testing, evaluation, or experimentation conducted by

18  the Federal Bureau of Alcohol, Tobacco and Firearms, the

19  Florida Department of Law Enforcement, or any agency or entity

20  authorized by the bureau or department to test and evaluate

21  the safety of firearms.

22         (3)  Any licensed manufacturer or licensed importer who

23  violates the provisions of this section commits a felony of

24  the third degree, punishable as provided in s. 775.082 or s.

25  775.083.

26         Section 4.  Section 790.066, Florida Statutes, is

27  created to read:

28         790.066  Manufacture and importation of assault weapons

29  prohibited.--

30

31

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  1         (1)  No licensed manufacturer or licensed importer

  2  shall manufacture within the state or import into the state

  3  any assault weapon as defined in s. 790.001(20).

  4         (2)  Subsection (1) shall not apply to:

  5         (a)  The manufacture or importation of an assault

  6  weapon by a licensed manufacturer or licensed importer for use

  7  by a department or agency of the Federal Government, or a

  8  sheriff's office, municipal police department, correctional

  9  facility or agency, or other criminal justice or governmental

10  agency of the state, when the manufacture or importation is on

11  behalf of such agencies, entities, or departments for official

12  law enforcement purposes; or

13         (b)  The manufacture or importation of an assault

14  weapon by a licensed manufacturer or licensed importer for the

15  purposes of lawful testing, evaluation, or experimentation

16  conducted by the Federal Bureau of Alcohol, Tobacco and

17  Firearms, the Florida Department of Law Enforcement, or any

18  agency or entity authorized by the bureau or department to

19  test and evaluate the safety of firearms.

20         (3)  Any licensed manufacturer or licensed importer who

21  violates the provisions of this section commits a felony of

22  the third degree, punishable as provided in s. 775.082 or s.

23  775.083.

24         Section 5.  Section 790.17, Florida Statutes, is

25  amended to read:

26         790.17  Furnishing weapons to minors under 18 years of

27  age or persons of unsound mind and furnishing firearms, unsafe

28  handguns, or assault weapons to minors under 18 years of age

29  prohibited; penalties.--

30         (1)  A person who sells, hires, barters, lends,

31  transfers, or gives any minor under 18 years of age any dirk,

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  1  electric weapon or device, or other weapon, other than an

  2  ordinary pocketknife, without permission of the minor's parent

  3  or guardian, or sells, hires, barters, lends, transfers, or

  4  gives to any person of unsound mind an electric weapon or

  5  device or any dangerous weapon, other than an ordinary

  6  pocketknife, commits a misdemeanor of the first degree,

  7  punishable as provided in s. 775.082 or s. 775.083.

  8         (2)(a)  A person may not knowingly or willfully sell or

  9  transfer a firearm to a minor under 18 years of age, except

10  that a person may transfer ownership of a firearm other than

11  an unsafe handgun as defined in s. 790.001(19) or an assault

12  weapon as defined in s. 790.001(20) to a minor with permission

13  of the parent or guardian. A person who violates this

14  paragraph commits a felony of the third degree, punishable as

15  provided in s. 775.082, s. 775.083, or s. 775.084.

16         (b)  The parent or guardian must maintain possession of

17  the firearm except pursuant to s. 790.22.

18         (3)  A person who sells, hires, barters, lends,

19  transfers, or gives any minor under 18 years of age any unsafe

20  handgun as defined in s. 790.001(19) commits a felony of the

21  second degree, punishable as provided in s. 775.082, s.

22  775.083, or s. 775.084.

23         (4)  A person who sells, hires, barters, lends,

24  transfers, or gives any minor under 18 years of age any unsafe

25  handgun as defined in s. 790.001(19), the possession of which

26  results in the death or bodily injury of the minor or any

27  other person, commits a felony of the first degree, punishable

28  as provided in s. 775.082, s. 775.083, or s. 775.084.

29         (5)  A person who sells, hires, barters, lends,

30  transfers, or gives any minor under 18 years of age any

31  assault weapon as defined in s. 790.001(20) commits a felony

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  1  of the second degree, punishable as provided in s. 775.082, s.

  2  775.083, or s. 775.084.

  3         (6)  A person who sells, hires, barters, lends,

  4  transfers, or gives any minor under 18 years of age any

  5  assault weapon as defined in s. 790.001(20), the possession of

  6  which results in the death or bodily injury of the minor or

  7  any other person, commits a felony of the first degree,

  8  punishable as provided in s. 775.082, s. 775.083, or s.

  9  775.084.

10         Section 6.  Section 784.05, Florida Statutes, is

11  amended to read:

12         784.05  Culpable negligence.--

13         (1)  Whoever, through culpable negligence, exposes

14  another person to personal injury commits a misdemeanor of the

15  second degree, punishable as provided in s. 775.082 or s.

16  775.083.

17         (2)  Whoever, through culpable negligence, inflicts

18  actual personal injury on another commits a misdemeanor of the

19  first degree, punishable as provided in s. 775.082 or s.

20  775.083.

21         (3)  Whoever violates subsection (1) by storing or

22  leaving a loaded firearm within the reach or easy access of a

23  minor commits, if the minor obtains the firearm and uses it to

24  inflict injury or death upon himself or herself or any other

25  person, a felony of the third degree, punishable as provided

26  in s. 775.082, s. 775.083, or s. 775.084. A person convicted

27  of a violation of this subsection shall, in addition to any

28  criminal penalty, be fined not more than $10,000 and shall

29  also be ordered by the sentencing judge to make restitution to

30  the victim of such offense and to perform up to 200 hours of

31

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  1  community service work. However, this subsection does not

  2  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 injuries resulting from target or sport

10  shooting accidents or hunting accidents; or

11         (d)  To members of the Armed Forces, National Guard, or

12  State Militia, or to police or other law enforcement officers,

13  with respect to firearm possession by a minor which occurs

14  during or incidental to the performance of their official

15  duties.

16

17  When any minor child is accidentally shot by another family

18  member, no arrest shall be made pursuant to this subsection

19  prior to 7 days after the date of the shooting. With respect

20  to any parent or guardian of any deceased minor, the

21  investigating officers shall file all findings and evidence

22  with the state attorney's office with respect to violations of

23  this subsection. The state attorney shall evaluate such

24  evidence and shall take such action as he or she deems

25  appropriate under the circumstances and may file an

26  information against the appropriate parties.

27         (4)  As used in this act, the term "minor" means any

28  person under the age of 16.

29         Section 7.  Section 790.174, Florida Statutes, is

30  amended to read:

31         790.174  Safe storage of firearms required.--

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

  2  his or her control or within the interior of a motor vehicle

  3  owned or operated by such person, a loaded firearm, as defined

  4  in s. 790.001, and who knows or reasonably should know that a

  5  minor is likely to gain access to the firearm without the

  6  lawful permission of the minor's parent or the person having

  7  charge of the minor, or without the supervision required by

  8  law, shall keep the firearm in a securely locked box or

  9  container or in a location which a reasonable person would

10  believe to be secure or shall secure it with a trigger lock,

11  except when the person is carrying the firearm on his or her

12  body or within such close proximity thereto that he or she can

13  retrieve and use it as easily and quickly as if he or she

14  carried it on his or her body.

15         (2)(a)  It is a misdemeanor of the second degree,

16  punishable as provided in s. 775.082 or s. 775.083, if a

17  person violates subsection (1) by failing to store or leave a

18  firearm in the required manner and as a result thereof a minor

19  gains access to the firearm, without the lawful permission of

20  the minor's parent or the person having charge of the minor,

21  and possesses or exhibits it, without the supervision required

22  by law:

23         1.(a)  In a public place; or

24         2.(b)  In a rude, careless, angry, or threatening

25  manner in violation of s. 790.10.

26         (b)  It is a felony of the third degree, punishable as

27  provided in s. 775.082, s. 775.083, or s. 775.084, if a person

28  violates subsection (1) by failing to store or leave a firearm

29  in the required manner and as a result thereof a minor gains

30  access to the firearm, without the lawful permission of the

31  minor's parents or the person having charge of the minor, and

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  1  uses it to inflict injury or death upon himself or herself or

  2  any other person.  A person convicted of a violation of this

  3  paragraph shall, in addition to any criminal penalty, be fined

  4  not more than $10,000 and shall also be ordered by the

  5  sentencing judge to make restitution to the victim and to

  6  perform up to 200 hours of community service work.

  7

  8  This subsection does not apply if the minor obtains the

  9  firearm as a result of an unlawful entry by any person.

10         (3)  As used in this act, the term "minor" means any

11  person under the age of 16.

12         Section 8.  Section 985.4167, Florida Statutes, is

13  created to read:

14         985.4167  Community juvenile gun violence prevention

15  grants.--

16         (1)  GRANTS; CRITERIA.--

17         (a)  The Juvenile Justice Advisory Board and the Task

18  Force on School Safety, in conjunction with the Department of

19  Juvenile Justice, are authorized to develop a grant

20  application process for the award of community juvenile gun

21  violence prevention grants which may be awarded as part of the

22  community juvenile justice partnership grant program under s.

23  985.415.  Juvenile gun violence prevention grants may be

24  awarded for programs which assist local school authorities,

25  law enforcement agencies, and community groups in educating

26  children about preventing juvenile gun violence and which

27  assist communities in developing partnerships between local

28  school authorities, law enforcement agencies, community

29  organizations, and parents in educating children about

30  preventing juvenile gun violence. The Department of Juvenile

31

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  1  Justice shall administer the program in accordance with the

  2  requirements of this section and s. 985.415.

  3         (b)  In addition to the minimum requirements provided

  4  in s. 985.415(1)(b), in awarding community juvenile gun

  5  violence prevention grants, the department shall give priority

  6  to applications that:

  7         1.  Provide for the reduction or prevention of juvenile

  8  gun violence within the public school system.

  9         2.  Target public schools with a high incidence of

10  juvenile gun violence or a high incidence of weapons,

11  firearms, or destructive devices being brought onto public

12  school campuses.

13         (c)  In addition to the requirements of s.

14  985.415(1)(c), in awarding grants under this section, the

15  department may consider the extent to which a proposed program

16  or project:

17         1.  Educates children about the effects of gun

18  violence, which shall include:

19         a.  Educating children to identify dangerous situations

20  in which guns are involved and how to avoid and prevent such

21  situations.

22         b.  How to identify threats and other indications that

23  a peer is in possession of a gun and may use a gun, and what

24  steps to take in such situations.

25         c.  The development of programs which give children

26  access to adults to whom they can report in a confidential

27  manner about problems relating to guns.

28         2.  Improves security on public elementary school,

29  middle school, and high school campuses in a manner that will

30  prevent students and nonstudents from entering school grounds

31  with weapons or firearms.

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  1         3.  Encourages and develops schoolwide programs and

  2  partnerships that involve teachers, students, parents,

  3  administrators, other staff, and members of the community in

  4  reducing incidents involving weapons, firearms, or destructive

  5  devices in public schools.

  6         4.  Establishes programs that assist parents in helping

  7  to educate their children about gun safety and the prevention

  8  of gun violence.

  9         5.  Provides ongoing professional development for

10  public school staff and administrators to identify the causes

11  and effects of gun violence, and risk factors and student

12  behavior that may result in gun violence.

13         6.  Provides technical assistance for school

14  psychologists and counselors which will enable timely

15  counseling and evaluations, in accordance with state and local

16  laws, of students who possess a weapon on school grounds and

17  of victims of juvenile gun violence.

18         7.  Assists public schools and communities in reviewing

19  and updating crisis response plans with respect to the

20  discovery of weapons, firearms, or destructive devices on a

21  school campus or an incident of juvenile gun violence, or

22  assists public schools and communities in developing crisis

23  response plans where none currently exist.

24         8.  Supports or is coordinated with other federal,

25  state, and local programs that educate children about personal

26  health, safety, and responsibility, including programs carried

27  out under the Safe and Drug-Free Schools and Communities Act

28  of 1994 (20 U.S.C. 7101 et seq.).

29         9.  Serves a population with a high incidence of public

30  school students found in possession of a weapon or destructive

31  device on school property, or students suspended or expelled

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  1  for bringing a weapon or destructive device onto school

  2  grounds.

  3         10.  Establishes a partnership composed of not less

  4  than one representative from each of the following:

  5         a.  A local school authority.

  6         b.  A public or private nonprofit agency or

  7  organization with experience in violence prevention.

  8         c.  A local law enforcement agency.

  9         (2)  GRANT APPLICATION PROCEDURES.--

10         (a)  Grants awarded under this section shall comply

11  with all requirements of s. 985.415. Each entity wishing to

12  apply for an annual community juvenile gun violence prevention

13  grant, which may be renewed for a maximum of 2 additional

14  years for the same provision of services, shall submit a grant

15  proposal for funding or continued funding to the department.

16  The department shall establish the grant application

17  procedures.  In order to be considered for funding, the grant

18  proposal shall include the assurances and information required

19  under s. 985.415(2).

20         (b)  In addition to the requirements of s.

21  985.415(2)(b), the department shall give priority for

22  selection to those school districts with the highest incidence

23  of juvenile gun-related violence and the highest incidence of

24  students bringing a weapon, firearm, or destructive device

25  onto the grounds of a public school.

26         (c)  The department shall make available, to anyone

27  wishing to apply for a community juvenile gun violence

28  prevention grant, information on all of the criteria to be

29  used in the selection of the proposals for funding pursuant to

30  the provisions of this subsection and s. 985.415.

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  1         (d)  The department shall review all program proposals

  2  submitted.  Entities submitting proposals shall be notified of

  3  approval not later than June 30 of each year.

  4         (e)  Each entity that is awarded a grant as provided

  5  for in this section shall submit an annual evaluation report

  6  to the department, the district juvenile justice manager, the

  7  district juvenile justice board, and the county juvenile

  8  justice council, by a date subsequent to the end of the

  9  contract period established by the department, documenting the

10  extent to which the program objectives have been met, the

11  effect of the program on reducing the incidence of juvenile

12  gun violence, and any other information required by the

13  department. The department shall coordinate and incorporate

14  all such annual evaluation reports with the provisions of s.

15  985.412.  Each entity is also subject to a financial audit and

16  a performance audit.

17         (f)  The department may establish rules and policy

18  provisions necessary to implement this section.

19         (3)  RESTRICTIONS.--This section does not prevent a

20  program initiated under a community juvenile gun violence

21  prevention grant established pursuant to this section from

22  continuing to operate beyond the 3-year maximum funding period

23  if it can find other funding sources.  Likewise, this section

24  does not restrict the number of programs an entity may apply

25  for or operate.

26         Section 9.  Section 985.415, Florida Statutes, is

27  amended to read:

28         985.415  Community Juvenile Justice Partnership

29  Grants.--

30         (1)  GRANTS; CRITERIA.--

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  1         (a)  In order to encourage the development of county

  2  and district juvenile justice plans and the development and

  3  implementation of county and district interagency agreements

  4  pursuant to ss. 985.413 and 985.414, the community juvenile

  5  justice partnership grant program is established, and shall be

  6  administered by the Department of Juvenile Justice.

  7         (b)  In awarding these grants, the department shall

  8  consider applications that at a minimum provide for the

  9  following:

10         1.  The participation of the agencies and programs

11  needed to implement the project or program for which the

12  applicant is applying;

13         2.  The reduction of truancy and in-school and

14  out-of-school suspensions and expulsions, the reduction of

15  gun-related violence among juveniles, the enhancement of

16  school safety, and other delinquency early-intervention and

17  diversion services;

18         3.  The number of youths from 10 through 17 years of

19  age within the geographic area to be served by the program,

20  giving those geographic areas having the highest number of

21  youths from 10 to 17 years of age priority for selection;

22         4.  The extent to which the program targets

23  high-juvenile-crime neighborhoods and those public schools

24  serving juveniles from high-crime neighborhoods;

25         5.  The validity and cost-effectiveness of the program;

26  and

27         6.  The degree to which the program is located in and

28  managed by local leaders of the target neighborhoods and

29  public schools serving the target neighborhoods.

30         (c)  In addition, the department may consider the

31  following criteria in awarding grants:

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  1         1.  The district juvenile justice plan and any county

  2  juvenile justice plans that are referred to or incorporated

  3  into the district plan, including a list of individuals,

  4  groups, and public and private entities that participated in

  5  the development of the plan.

  6         2.  The diversity of community entities participating

  7  in the development of the district juvenile justice plan.

  8         3.  The number of community partners who will be

  9  actively involved in the operation of the grant program.

10         4.  The number of students or youths to be served by

11  the grant and the criteria by which they will be selected.

12         5.  The criteria by which the grant program will be

13  evaluated and, if deemed successful, the feasibility of

14  implementation in other communities.

15         (2)  GRANT APPLICATION PROCEDURES.--

16         (a)  Each entity wishing to apply for an annual

17  community juvenile justice partnership grant or a community

18  juvenile gun violence prevention grant under s. 985.4167,

19  which may be renewed for a maximum of 2 additional years for

20  the same provision of services, shall submit a grant proposal

21  for funding or continued funding to the department.  The

22  department shall establish the grant application procedures.

23  In order to be considered for funding, the grant proposal

24  shall include the following assurances and information:

25         1.  A letter from the chair of the county juvenile

26  justice council confirming that the grant application has been

27  reviewed and found to support one or more purposes or goals of

28  the juvenile justice plan as developed by the council.

29         2.  A rationale and description of the program and the

30  services to be provided, including goals and objectives.

31

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  1         3.  A method for identification of the juveniles most

  2  likely to be involved in the juvenile justice system who will

  3  be the focus of the program.

  4         4.  Provisions for the participation of parents and

  5  guardians in the program.

  6         5.  Coordination with other community-based and social

  7  service prevention efforts, including, but not limited to,

  8  drug and alcohol abuse prevention and dropout prevention

  9  programs, and programs aimed at preventing juvenile gun

10  violence, that serve the target population or neighborhood.

11         6.  An evaluation component to measure the

12  effectiveness of the program in accordance with the provisions

13  of s. 985.412.

14         7.  A program budget, including the amount and sources

15  of local cash and in-kind resources committed to the budget.

16  The proposal must establish to the satisfaction of the

17  department that the entity will make a cash or in-kind

18  contribution to the program of a value that is at least equal

19  to 20 percent of the amount of the grant.

20         8.  The necessary program staff.

21         (b)  The department shall consider the following in

22  awarding such grants:

23         1.  The recommendations of the juvenile justice council

24  as to the priority that should be given to proposals submitted

25  by entities within a county.

26         2.  The recommendations of the juvenile justice board

27  as to the priority that should be given to proposals submitted

28  by entities within a district.

29         (c)  The department shall make available, to anyone

30  wishing to apply for such a grant, information on all of the

31

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  1  criteria to be used in the selection of the proposals for

  2  funding pursuant to the provisions of this subsection.

  3         (d)  The department shall review all program proposals

  4  submitted. Entities submitting proposals shall be notified of

  5  approval not later than June 30 of each year.

  6         (e)  Each entity that is awarded a grant as provided

  7  for in this section shall submit an annual evaluation report

  8  to the department, the district juvenile justice manager, the

  9  district juvenile justice board, and the county juvenile

10  justice council, by a date subsequent to the end of the

11  contract period established by the department, documenting the

12  extent to which the program objectives have been met, the

13  effect of the program on the juvenile arrest rate or the

14  incidence of juvenile gun violence, and any other information

15  required by the department. The department shall coordinate

16  and incorporate all such annual evaluation reports with the

17  provisions of s. 985.412.  Each entity is also subject to a

18  financial audit and a performance audit.

19         (f)  The department may establish rules and policy

20  provisions necessary to implement this section.

21         (3)  RESTRICTIONS.--This section does not prevent a

22  program initiated under a community juvenile justice

23  partnership grant established pursuant to this section or a

24  community juvenile gun violence prevention grant established

25  pursuant to s. 985.4167 from continuing to operate beyond the

26  3-year maximum funding period if it can find other funding

27  sources. Likewise, this section does not restrict the number

28  of programs an entity may apply for or operate.

29         Section 10.  There is hereby appropriated the sum of $1

30  million from the General Revenue Fund to the Department of

31  Juvenile Justice to fund the community juvenile gun violence

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  1  prevention grant program established pursuant to s. 985.4166,

  2  Florida Statutes, as created by this act.

  3         Section 11.  This act shall take effect July 1, 2000.

  4

  5            *****************************************

  6                          HOUSE SUMMARY

  7
      Creates the "Children's Firearms Responsibility Act of
  8    2000."

  9
      Defines "unsafe handgun" and "assault weapon." Prohibits
10    the manufacture or importation of unsafe handguns and
      assault weapons into the state.  Provides exceptions.
11    Provides a third degree felony penalty for violation.
      Prohibits the furnishing of unsafe handguns and assault
12    weapons to minors under 18 years of age.  Provides a
      second degree felony penalty for violation and a first
13    degree felony penalty when violation results in death or
      bodily injury.  With respect to culpable negligence,
14    provides for a fine of not more than $10,000, payment of
      restitution, and community service in addition to
15    existing criminal penalties for persons convicted of
      leaving a loaded firearm within the reach or easy access
16    of a minor when use of the firearm results in injury or
      death.  Provides a third degree felony penalty for
17    failure to store or leave a loaded firearm as required by
      law when a minor gains access to the firearm.  Expands
18    applicability of such provisions to loaded firearms
      stored within the interior of a motor vehicle. Provides
19    for a fine of not more than $10,000, payment of
      restitution, and community service in addition to
20    existing criminal penalty.

21
      Establishes the juvenile gun violence prevention grant
22    program to be administered by the Department of Juvenile
      Justice as part of the community juvenile justice
23    partnership grant program.  Provides for grant
      application process. Provides a $1 million appropriation
24    to the Department of Juvenile Justice for the purpose of
      funding the community juvenile gun violence prevention
25    grant program.

26

27

28

29

30

31

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