Florida Senate - 2018 SENATOR AMENDMENT
Bill No. CS for SB 1048
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
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.
(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.—
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
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.