Florida Senate - 2018                          SENATOR AMENDMENT
       Bill No. CS for SB 1048
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       Senator Farmer moved the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 790.174, Florida Statutes, is amended to
    6  read:
    7         790.174 Safe storage of firearms required.—
    8         (1) As used in this section, the term “minor” means a
    9  person younger than 16 years of age.
   10         (2)(1) A person who stores or leaves, on a premise under
   11  his or her control, a loaded firearm, as defined in s. 790.001,
   12  and who knows or reasonably should know that a minor is likely
   13  to gain access to the firearm without the lawful permission of
   14  the minor’s parent or the person having charge of the minor, or
   15  without the supervision required by law, shall keep the firearm
   16  in a securely locked box or container or in a location which a
   17  reasonable person would believe to be secure or shall secure it
   18  with a trigger lock, except when the person is carrying the
   19  firearm on his or her body or within such close proximity
   20  thereto that he or she can retrieve and use it as easily and
   21  quickly as if he or she carried it on his or her body.
   22         (3)(2)It is A person who violates subsection (2) commits a
   23  misdemeanor of the second degree, punishable as provided in s.
   24  775.082 or s. 775.083, if a person violates subsection (1) by
   25  failing to store or leave a firearm in the required manner and
   26  as a result thereof a minor gains access to the firearm, without
   27  the lawful permission of the minor’s parent or the person having
   28  charge of the minor, and possesses or exhibits it, without the
   29  supervision required by law:
   30         (a) In a public place; or
   31         (b) In a rude, careless, angry, or threatening manner in
   32  violation of s. 790.10.
   34  This subsection does not apply if the minor obtains the firearm
   35  as a result of an unlawful entry by any person.
   36         (3) As used in this act, the term “minor” means any person
   37  under the age of 16.
   38         Section 2. For the purpose of incorporating the amendment
   39  made by this act to section 790.174, Florida Statutes, in a
   40  reference thereto, paragraph (f) of subsection (5) of section
   41  409.175, Florida Statutes, is reenacted to read:
   42         409.175 Licensure of family foster homes, residential
   43  child-caring agencies, and child-placing agencies; public
   44  records exemption.—
   45         (5)
   46         (f) The department’s rules shall include adoption of a form
   47  to be used by child-placing agencies during an adoption home
   48  study that requires all prospective adoptive applicants to
   49  acknowledge in writing the receipt of a document containing
   50  solely and exclusively the language provided for in s. 790.174
   51  verbatim.
   52         Section 3. This act shall take effect July 1, 2018.
   54  ================= T I T L E  A M E N D M E N T ================
   55  And the title is amended as follows:
   56         Delete everything before the enacting clause
   57  and insert:
   58                        A bill to be entitled                      
   59         An act relating to the safe storage of loaded
   60         firearms; amending s. 790.174, F.S.; making technical
   61         changes; revising the requirement that a loaded
   62         firearm be secured in a locked box or container or be
   63         secured with a trigger lock; deleting conditions that
   64         pertain to the crime of failing to safely store,
   65         leave, or secure a loaded firearm in a specified
   66         manner; reenacting s. 409.175(5)(f), F.S., relating to
   67         rules of the Department of Children and Families
   68         requiring the adoption of a form used by child-placing
   69         agencies, to incorporate the amendment made to s.
   70         790.174, F.S., in a reference thereto; providing an
   71         effective date.