Florida Senate - 2008 SB 1664
By Senator Bullard
39-03412-08 20081664__
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A bill to be entitled
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An act relating to culpable negligence; providing a short
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title; amending s. 784.05, F.S.; prohibiting storing or
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leaving an assault weapon within the reach or easy access
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of another person if the person obtains the weapon and
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uses it to inflict injury or death; providing criminal
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penalties; defining the term "assault weapon"; amending s.
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921.0022, F.S.; conforming provisions of the offense
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severity ranking chart of the Criminal Punishment Code;
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providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. This act may be cited as the "Officer Jose
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Somohano Assault Weapons Act."
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Section 2. Section 784.05, Florida Statutes, is amended to
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read:
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784.05 Culpable negligence.--
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(1)(4) As used in this section act, the term "minor" means
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any person under the age of 16.
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(2)(1) Whoever, through culpable negligence, exposes
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another person to personal injury commits a misdemeanor of the
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second degree, punishable as provided in s. 775.082 or s.
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(3)(2) Whoever, through culpable negligence, inflicts
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actual personal injury on another commits a misdemeanor of the
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(4)(3) Whoever violates subsection (2) (1) by storing or
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leaving a loaded firearm within the reach or easy access of a
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minor commits, if the minor obtains the firearm and uses it to
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inflict injury or death upon himself or herself or any other
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person, a felony of the third degree, punishable as provided in
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does not apply:
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(a) If the firearm was stored or left in a securely locked
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box or container or in a location which a reasonable person would
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have believed to be secure, or was securely locked with a trigger
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lock;
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(b) If the minor obtains the firearm as a result of an
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unlawful entry by any person;
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(c) To injuries resulting from target or sport shooting
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accidents or hunting accidents; or
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(d) To members of the Armed Forces, National Guard, or
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State Militia, or to police or other law enforcement officers,
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with respect to firearm possession by a minor which occurs during
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or incidental to the performance of their official duties.
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When any minor child is accidentally shot by another family
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member, no arrest shall be made pursuant to this subsection prior
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to 7 days after the date of the shooting. With respect to any
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parent or guardian of any deceased minor, the investigating
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officers shall file all findings and evidence with the state
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attorney's office with respect to violations of this subsection.
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The state attorney shall evaluate such evidence and shall take
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such action as he or she deems appropriate under the
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circumstances and may file an information against the appropriate
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parties.
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(5)(a) Whoever violates subsection (2) by storing or
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leaving an assault weapon within the reach or easy access of
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another person commits, if the person obtains the assault weapon
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and uses it to inflict injury or death upon himself or herself or
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any other person, a felony of the third degree, punishable as
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subsection does not apply:
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1. If the assault weapon was stored or left in a securely
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locked box or container or in a location which a reasonable
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person would have believed to be secure, or was securely locked
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with a trigger lock;
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2. If the assault weapon was stolen and the owner reported
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the theft of the assault weapon to law enforcement authorities
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within 24 hours of the owner's knowledge of the theft;
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3. To injuries resulting from target or sport shooting
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accidents or hunting accidents; or
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4. To members of the Armed Forces, National Guard, or State
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Militia, or to police or other law enforcement officers, with
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respect to assault firearm possession which occurs during or
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incidental to the performance of their official duties.
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(b)1. For purposes of this subsection, the term "assault
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weapon" means:
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a. A semiautomatic rifle that has an ability to accept a
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detachable magazine and has at least two of the following
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characteristics:
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(I) A folding or telescoping stock;
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(II) A pistol grip that protrudes conspicuously beneath the
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action of the weapon;
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(III) A bayonet mount;
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(IV) A flash suppressor or threaded barrel designed to
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accommodate a flash suppressor; or
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(V) A grenade launcher; or
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b. A semiautomatic shotgun that has at least two of the
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following characteristics:
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(I) A folding or telescoping stock;
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(II) A pistol grip that protrudes conspicuously beneath the
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action of the weapon;
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(III) A fixed magazine capacity in excess of five rounds;
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or
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(IV) An ability to accept a detachable magazine; or
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c. A semiautomatic pistol that has an ability to accept a
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detachable magazine and has at least two of the following
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characteristics:
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(I) An ammunition magazine that attaches to the pistol
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outside of the pistol grip;
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(II) A threaded barrel capable of accepting a barrel
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extender, flash suppressor, forward handgrip, or silencer;
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(III) A shroud that is attached to, or partially or
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completely encircles, the barrel and that permits the shooter to
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hold the firearm with the nontrigger hand without being burned;
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(IV) A manufactured weight of 50 ounces or more when the
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pistol is unloaded; or
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(V) A semiautomatic version of an automatic rifle, shotgun,
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or firearm; or
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d. Any of the weapons, or functioning frames or receivers
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of such weapons, or copies or duplicates of such weapons, in any
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caliber, known as:
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(I) Norinco, Mitchell, and Poly Technologies Avtomat
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Kalashnikovs (all models);
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(II) Action Arms Israeli Military Industries UZI and Galil;
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(III) Beretta Ar70 (SC-70);
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(IV) Colt AR-15;
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(V) Fabrique National FN/FAL, FN/LAR, and FNC;
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(VI) SWD M-10, M-11, M-11/9, and M-12;
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(VII) Steyr AUG;
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(VIII) INTRATEC TEC-9, TEC-DC9, and TEC-22; or
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(IX) Revolving cylinder shotguns, such as, or similar to,
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the Street Sweeper and Striker 12.
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2. The term does not include any rifle, shotgun, or pistol
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that:
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a. Is manually operated by bolt, pump, lever, or slide
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action;
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b. Has been rendered permanently inoperable;
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c. Is an antique firearm as defined in 18 U.S.C. s.
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921(a)(16);
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d. Is a semiautomatic rifle that cannot accept a detachable
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magazine that holds more than five rounds of ammunition;
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e. Is a semiautomatic shotgun that cannot hold more than
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five rounds of ammunition in a fixed or detachable magazine;
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f. Is a rifle, shotgun, or pistol, or a replica or a
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duplicate thereof, specified in Appendix A to 18 U.S.C. s. 922 as
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such weapon was manufactured on October 1, 1993. The mere fact
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that a weapon is not listed in Appendix A shall not be construed
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to mean that such weapon is an assault weapon; or
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g. Is a semiautomatic rifle, a semiautomatic shotgun, or a
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semiautomatic pistol or any of the weapons defined in sub-
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subparagraph 1.d. lawfully possessed prior to September 14, 1994.
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Section 3. Paragraph (b) of subsection (3) of section
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921.0022, Florida Statutes, is amended to read:
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921.0022 Criminal Punishment Code; offense severity ranking
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chart.--
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(3) OFFENSE SEVERITY RANKING CHART
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(b) LEVEL 2
| FloridaStatute | FelonyDegree | Description |
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| 370.12(1)(e)3. | 3rd | Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act. |
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| 370.12(1)(e)4. | 3rd | Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act. |
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| 403.413(5)(c) | 3rd | Dumps waste litter exceeding 500 lbs. in weight or 100 cubic feet in volume or any quantity for commercial purposes, or hazardous waste. |
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| 517.07 | 3rd | Registration of securities and furnishing of prospectus required. |
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| 590.28(1) | 3rd | Willful, malicious, or intentional burning. |
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| 784.05(4)(3) | 3rd | Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death. |
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| 784.05(5) | 3rd | Storing or leaving an assault weapon within reach of another who uses it to inflict injury or death. |
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| 787.04(1) | 3rd | In violation of court order, take, entice, etc., minor beyond state limits. |
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| 806.13(1)(b)3. | 3rd | Criminal mischief; damage $1,000 or more to public communication or any other public service. |
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| 810.061(2) | 3rd | Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary. |
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| 810.09(2)(e) | 3rd | Trespassing on posted commercial horticulture property. |
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| 812.014(2)(c)1. | 3rd | Grand theft, 3rd degree; $300 or more but less than $5,000. |
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| 812.014(2)(d) | 3rd | Grand theft, 3rd degree; $100 or more but less than $300, taken from unenclosed curtilage of dwelling. |
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| 812.015(7) | 3rd | Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure. |
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| 817.234(1)(a)2. | 3rd | False statement in support of insurance claim. |
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| 817.481(3)(a) | 3rd | Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300. |
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| 817.52(3) | 3rd | Failure to redeliver hired vehicle. |
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| 817.54 | 3rd | With intent to defraud, obtain mortgage note, etc., by false representation. |
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| 817.60(5) | 3rd | Dealing in credit cards of another. |
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| 817.60(6)(a) | 3rd | Forgery; purchase goods, services with false card. |
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| 817.61 | 3rd | Fraudulent use of credit cards over $100 or more within 6 months. |
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| 826.04 | 3rd | Knowingly marries or has sexual intercourse with person to whom related. |
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| 831.01 | 3rd | Forgery. |
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| 831.02 | 3rd | Uttering forged instrument; utters or publishes alteration with intent to defraud. |
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| 831.07 | 3rd | Forging bank bills, checks, drafts, or promissory notes. |
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| 831.08 | 3rd | Possessing 10 or more forged notes, bills, checks, or drafts. |
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| 831.09 | 3rd | Uttering forged notes, bills, checks, drafts, or promissory notes. |
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| 831.11 | 3rd | Bringing into the state forged bank bills, checks, drafts, or notes. |
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| 832.05(3)(a) | 3rd | Cashing or depositing item with intent to defraud. |
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| 843.08 | 3rd | Falsely impersonating an officer. |
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| 893.13(2)(a)2. | 3rd | Purchase of any s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs other than cannabis. |
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| 893.147(2) | 3rd | Manufacture or delivery of drug paraphernalia. |
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Section 4. This act shall take effect October 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.