House Bill hb0419

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    Florida House of Representatives - 2001                 HB 419

        By Representative Gottlieb






  1                      A bill to be entitled

  2         An act relating to weapons and firearms;

  3         creating the "Children's Firearm Responsibility

  4         Act of 2001"; amending s. 790.001, F.S.;

  5         defining "unsafe handgun"; creating s.

  6         790.0659, F.S.; prohibiting the manufacture and

  7         importation of unsafe handguns; providing

  8         exceptions; providing a penalty; amending s.

  9         790.17, F.S.; prohibiting the furnishing of

10         unsafe handguns to minors under 18 years of

11         age; providing penalties; amending s. 784.05,

12         F.S., relating to culpable negligence;

13         providing a fine and additional penalties for

14         persons convicted of leaving a loaded firearm

15         within the reach or easy access of a minor

16         under certain circumstances; amending s.

17         790.174, F.S., relating to required safe

18         storage of firearms; providing applicability to

19         firearms stored or left within the interior of

20         a motor vehicle; providing a penalty for

21         failure to store or leave a firearm as required

22         by law under certain circumstances; creating s.

23         985.4167, F.S.; establishing the juvenile gun

24         violence prevention grant program; providing

25         criteria; providing for administration of the

26         program by the Department of Juvenile Justice;

27         providing for a grant application process;

28         requiring annual evaluation reports of entities

29         receiving grant awards; providing for audit;

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

31         community juvenile justice partnership grant

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  1         program; revising provisions to include

  2         community juvenile gun violence grants within

  3         the program; providing an appropriation;

  4         providing an effective date.

  5

  6         WHEREAS, it is the expressed finding of the Legislature

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

  8  number of Florida children have been accidently killed or

  9  seriously wounded by negligently stored firearms," and

10         WHEREAS, it is the further finding of the Legislature

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

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

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

14  legislative action is necessary to protect the safety of our

15  children," and

16         WHEREAS, the alarming increase in the incidence of

17  school shootings across the United States which have resulted

18  in death and serious injury to public school students,

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

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

21  Florida, NOW, THEREFORE,

22

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

24

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

26  "Children's Firearm Responsibility Act of 2001."

27         Section 2.  Subsection (19) is added to section

28  790.001, Florida Statutes, to read:

29         790.001  Definitions.--As used in this chapter, except

30  where the context otherwise requires:

31         (19)  "Unsafe handgun" means:

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

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

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

  4  handgun safety devices deactivated so that the handgun is

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

  6  1 meter from each of the following positions:

  7         1.  Normal firing position.

  8         2.  Upside down.

  9         3.  On the grip.

10         4.  On the muzzle.

11         5.  On either side.

12         6.  On the exposed hammer or striker.

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

14  of the firearm.

15         8.  Any other position necessary to determine whether

16  the handgun is subject to accidental discharge.

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

18  mechanism reasonably designed to prevent a child who has not

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

20  ready to fire.  Such mechanism may include:

21         1.  Any handgun with a trigger resistance equivalent to

22  a 10-pound pull; or

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

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

25  to grip the trigger.

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

27  magazine disconnect safety that prevents the pistol from being

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

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

30  reasonably designed to prevent the discharge of the weapon by

31  unauthorized users, including, but not limited to:

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  1         1.  A detachable key-activated or combination lock

  2  which prevents the trigger from being pulled or the hammer

  3  from striking the primer;

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

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

  6  handgun unless a magnet of the appropriate strength is placed

  7  in proximity to the handle of the handgun; or

  8         3.  A removable hammer or striker.

  9         Section 3.  Section 790.0659, Florida Statutes, is

10  created to read:

11         790.0659  Manufacture and importation of unsafe

12  handguns prohibited.--

13         (1)  No licensed manufacturer or licensed importer

14  shall manufacture within the state or import into the state

15  any handgun that has been determined, upon testing and

16  evaluation by the Federal Bureau of Alcohol, Tobacco and

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

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

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

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

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

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

23  licensed manufacturer or licensed importer for use by a

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

25  office, municipal police department, correctional facility or

26  agency, or other criminal justice or governmental agency of

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

28  such agencies, entities, or departments for official law

29  enforcement purposes; or

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

31  licensed manufacturer or licensed importer for the purposes of

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  1  lawful testing, evaluation, or experimentation conducted by

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

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

  4  authorized by the bureau or department to test and evaluate

  5  the safety of firearms.

  6         (3)  Any licensed manufacturer or licensed importer who

  7  violates the provisions of this section commits a felony of

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

  9  775.083.

10         Section 4.  Section 790.17, Florida Statutes, is

11  amended to read:

12         790.17  Furnishing weapons to minors under 18 years of

13  age or persons of unsound mind and furnishing firearms or

14  unsafe handguns to minors under 18 years of age prohibited;

15  penalties.--

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

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

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

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

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

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

22  device or any dangerous weapon, other than an ordinary

23  pocketknife, commits a misdemeanor of the first degree,

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

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

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

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

28  an unsafe handgun as defined in s. 790.001(19) to a minor with

29  permission of the parent or guardian. A person who violates

30  this paragraph commits a felony of the third degree,

31

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

  2  775.084.

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

  4  the firearm except pursuant to s. 790.22.

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

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

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

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

  9  775.083, or s. 775.084.

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

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

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

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

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

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

16         Section 5.  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)  Whoever violates subsection (1) by storing or

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

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

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

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

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

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

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

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

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

  6  community service work. However, this subsection does not

  7  apply:

  8         (a)  If the firearm was stored or left in a securely

  9  locked box or container or in a location which a reasonable

10  person would have believed to be secure, or was securely

11  locked with a trigger lock;

12         (b)  If the minor obtains the firearm as a result of an

13  unlawful entry by any person;

14         (c)  To injuries resulting from target or sport

15  shooting accidents or hunting accidents; or

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

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

18  with respect to firearm possession by a minor which occurs

19  during or incidental to the performance of their official

20  duties.

21

22  When any minor child is accidentally shot by another family

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

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

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

26  investigating officers shall file all findings and evidence

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

28  this subsection. The state attorney shall evaluate such

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

30  appropriate under the circumstances and may file an

31  information against the appropriate parties.

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

  2  person under the age of 16.

  3         Section 6.  Section 790.174, Florida Statutes, is

  4  amended to read:

  5         790.174  Safe storage of firearms required.--

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

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

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

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

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

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

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

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

14  container or in a location which a reasonable person would

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

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

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

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

19  carried it on his or her body.

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

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

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

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

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

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

26  and possesses or exhibits it, without the supervision required

27  by law:

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

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

30  manner in violation of s. 790.10.

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

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

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

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

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

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

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

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

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

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

11  sentencing judge to make restitution to the victim and to

12  perform up to 200 hours of community service work.

13

14  This subsection does not apply if the minor obtains the

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

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

17  person under the age of 16.

18         Section 7.  Section 985.4167, Florida Statutes, is

19  created to read:

20         985.4167  Community juvenile gun violence prevention

21  grants.--

22         (1)  GRANTS; CRITERIA.--

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

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

25  Juvenile Justice, are authorized to develop a grant

26  application process for the award of community juvenile gun

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

28  community juvenile justice partnership grant program under s.

29  985.415.  Juvenile gun violence prevention grants may be

30  awarded for programs which assist local school authorities,

31  law enforcement agencies, and community groups in educating

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  1  children about preventing juvenile gun violence and which

  2  assist communities in developing partnerships between local

  3  school authorities, law enforcement agencies, community

  4  organizations, and parents in educating children about

  5  preventing juvenile gun violence. The Department of Juvenile

  6  Justice shall administer the program in accordance with the

  7  requirements of this section and s. 985.415.

  8         (b)  In addition to the minimum requirements provided

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

10  violence prevention grants, the department shall give priority

11  to applications that:

12         1.  Provide for the reduction or prevention of juvenile

13  gun violence within the public school system.

14         2.  Target public schools with a high incidence of

15  juvenile gun violence or a high incidence of weapons,

16  firearms, or destructive devices being brought onto public

17  school campuses.

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

19  985.415(1)(c), in awarding grants under this section, the

20  department may consider the extent to which a proposed program

21  or project:

22         1.  Educates children about the effects of gun

23  violence, which shall include:

24         a.  Educating children to identify dangerous situations

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

26  situations.

27         b.  How to identify threats and other indications that

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

29  steps to take in such situations.

30

31

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  1         c.  The development of programs which give children

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

  3  manner about problems relating to guns.

  4         2.  Improves security on public elementary school,

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

  6  prevent students and nonstudents from entering school grounds

  7  with weapons or firearms.

  8         3.  Encourages and develops schoolwide programs and

  9  partnerships that involve teachers, students, parents,

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

11  reducing incidents involving weapons, firearms, or destructive

12  devices in public schools.

13         4.  Establishes programs that assist parents in helping

14  to educate their children about gun safety and the prevention

15  of gun violence.

16         5.  Provides ongoing professional development for

17  public school staff and administrators to identify the causes

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

19  behavior that may result in gun violence.

20         6.  Provides technical assistance for school

21  psychologists and counselors which will enable timely

22  counseling and evaluations, in accordance with state and local

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

24  of victims of juvenile gun violence.

25         7.  Assists public schools and communities in reviewing

26  and updating crisis response plans with respect to the

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

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

29  assists public schools and communities in developing crisis

30  response plans where none currently exist.

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  1         8.  Supports or is coordinated with other federal,

  2  state, and local programs that educate children about personal

  3  health, safety, and responsibility, including programs carried

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

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

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

  7  school students found in possession of a weapon or destructive

  8  device on school property, or students suspended or expelled

  9  for bringing a weapon or destructive device onto school

10  grounds.

11         10.  Establishes a partnership composed of not less

12  than one representative from each of the following:

13         a.  A local school authority.

14         b.  A public or private nonprofit agency or

15  organization with experience in violence prevention.

16         c.  A local law enforcement agency.

17         (2)  GRANT APPLICATION PROCEDURES.--

18         (a)  Grants awarded under this section shall comply

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

20  apply for an annual community juvenile gun violence prevention

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

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

23  proposal for funding or continued funding to the department.

24  The department shall establish the grant application

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

26  proposal shall include the assurances and information required

27  under s. 985.415(2).

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

29  985.415(2)(b), the department shall give priority for

30  selection to those school districts with the highest incidence

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

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  1  students bringing a weapon, firearm, or destructive device

  2  onto the grounds of a public school.

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

  4  wishing to apply for a community juvenile gun violence

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

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

  7  the provisions of this subsection and s. 985.415.

  8         (d)  The department shall review all program proposals

  9  submitted.  Entities submitting proposals shall be notified of

10  approval not later than June 30 of each year.

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

12  for in this section shall submit an annual evaluation report

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

14  district juvenile justice board, and the county juvenile

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

16  contract period established by the department, documenting the

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

18  effect of the program on reducing the incidence of juvenile

19  gun violence, and any other information required by the

20  department. The department shall coordinate and incorporate

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

22  985.412.  Each entity is also subject to a financial audit and

23  a performance audit.

24         (f)  The department may establish rules and policy

25  provisions necessary to implement this section.

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

27  program initiated under a community juvenile gun violence

28  prevention grant established pursuant to this section from

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

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

31

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

  2  for or operate.

  3         Section 8.  Section 985.415, Florida Statutes, is

  4  amended to read:

  5         985.415  Community Juvenile Justice Partnership

  6  Grants.--

  7         (1)  GRANTS; CRITERIA.--

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

  9  and circuit juvenile justice plans and the development and

10  implementation of county and circuit interagency agreements

11  pursuant to s. 985.4135, the community juvenile justice

12  partnership grant program is established, and shall be

13  administered by the Department of Juvenile Justice.

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

15  consider applications that at a minimum provide for the

16  following:

17         1.  The participation of the agencies and programs

18  needed to implement the project or program for which the

19  applicant is applying;

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

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

22  gun-related violence among juveniles, the enhancement of

23  school safety, and other delinquency early-intervention and

24  diversion services;

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

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

27  giving those geographic areas having the highest number of

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

29         4.  The extent to which the program targets

30  high-juvenile-crime neighborhoods and those public schools

31  serving juveniles from high-crime neighborhoods;

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

  2  and

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

  4  managed by local leaders of the target neighborhoods and

  5  public schools serving the target neighborhoods.

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

  7  following criteria in awarding grants:

  8         1.  The circuit juvenile justice plan and any county

  9  juvenile justice plans that are referred to or incorporated

10  into the circuit plan, including a list of individuals,

11  groups, and public and private entities that participated in

12  the development of the plan.

13         2.  The diversity of community entities participating

14  in the development of the circuit juvenile justice plan.

15         3.  The number of community partners who will be

16  actively involved in the operation of the grant program.

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

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

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

20  evaluated and, if deemed successful, the feasibility of

21  implementation in other communities.

22         (2)  GRANT APPLICATION PROCEDURES.--

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

24  community juvenile justice partnership grant or a community

25  juvenile gun violence prevention grant under s. 985.4167,

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

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

28  for funding or continued funding to the department.  The

29  department shall establish the grant application procedures.

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

31  shall include the following assurances and information:

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  1         1.  A letter from the chair of the juvenile justice

  2  circuit board confirming that the grant application has been

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

  4  the juvenile justice plan as developed by the board.

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

  6  services to be provided, including goals and objectives.

  7         3.  A method for identification of the juveniles most

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

  9  be the focus of the program.

10         4.  Provisions for the participation of parents and

11  guardians in the program.

12         5.  Coordination with other community-based and social

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

14  drug and alcohol abuse prevention and dropout prevention

15  programs, and programs aimed at preventing juvenile gun

16  violence, that serve the target population or neighborhood.

17         6.  An evaluation component to measure the

18  effectiveness of the program in accordance with the provisions

19  of s. 985.412.

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

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

22  The proposal must establish to the satisfaction of the

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

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

25  to 20 percent of the amount of the grant.

26         8.  The necessary program staff.

27         (b)  The department shall consider the following in

28  awarding such grants:

29         1.  The recommendations of the juvenile justice county

30  council as to the priority that should be given to proposals

31  submitted by entities within a county.

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  1         2.  The recommendations of the juvenile justice circuit

  2  board as to the priority that should be given to proposals

  3  submitted by entities within a circuit.

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

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

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

  7  funding pursuant to the provisions of this subsection.

  8         (d)  The department shall review all program proposals

  9  submitted. Entities submitting proposals shall be notified of

10  approval not later than June 30 of each year.

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

12  for in this section shall submit an annual evaluation report

13  to the department, the circuit juvenile justice manager, the

14  juvenile justice circuit board, and the juvenile justice

15  county council, by a date subsequent to the end of the

16  contract period established by the department, documenting the

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

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

19  incidence of juvenile gun violence, and any other information

20  required by the department. The department shall coordinate

21  and incorporate all such annual evaluation reports with the

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

23  financial audit and a performance audit.

24         (f)  The department may establish rules and policy

25  provisions necessary to implement this section.

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

27  program initiated under a community juvenile justice

28  partnership grant established pursuant to this section or a

29  community juvenile gun violence prevention grant established

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

31  3-year maximum funding period if it can find other funding

                                  17

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






    Florida House of Representatives - 2001                 HB 419

    592-111B-01






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

  2  of programs an entity may apply for or operate.

  3         Section 9.  There is hereby appropriated the sum of $1

  4  million from the General Revenue Fund to the Department of

  5  Juvenile Justice to fund the community juvenile gun violence

  6  prevention grant program established pursuant to s. 985.4166,

  7  Florida Statutes, as created by this act.

  8         Section 10.  This act shall take effect July 1, 2001.

  9

10            *****************************************

11                          HOUSE SUMMARY

12
      Creates the "Children's Firearms Responsibility Act of
13    2001."

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

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

30

31

                                  18

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