Florida Senate - 2019                                    SB 1310
       By Senator Pizzo
       38-01885D-19                                          20191310__
    1                        A bill to be entitled                      
    2         An act relating to minors posting firearms on social
    3         media; creating s. 790.111, F.S.; prohibiting the
    4         posting or publishing of a picture of a firearm, BB
    5         gun, air or gas-operated gun, or device displayed to
    6         resemble a firearm to social media by a minor;
    7         providing criminal penalties; authorizing a court to
    8         require certain adults to participate in parenting
    9         classes subsequent to a violation; providing for
   10         community service programs for violations; providing
   11         requirements for such programs; requiring seizure of
   12         firearms under certain circumstances; providing
   13         construction; providing applicability; amending s.
   14         790.174, F.S.; prohibiting storing a firearm in such a
   15         way that a minor obtains access to it without
   16         permission and posts a picture of it on social media;
   17         providing criminal penalties; amending s. 901.15,
   18         F.S.; authorizing warrantless arrest when a law
   19         enforcement officer has probable cause to believe that
   20         a minor has violated s. 790.111, F.S.; providing an
   21         effective date.
   23  Be It Enacted by the Legislature of the State of Florida:
   25         Section 1. Section 790.111, Florida Statutes, is created to
   26  read:
   27         790.111Minors posting firearms on social media.—
   28         (1)A minor who posts or publishes a picture of a firearm,
   29  a BB gun, an air or a gas-operated gun, or a device displayed to
   30  resemble a firearm to a social media page, post, profile, or
   31  account that is openly viewable to the public commits a
   32  misdemeanor of the first degree, punishable as provided in s.
   33  775.082 or s. 775.083.
   34         (2)(a)Any parent or guardian of a minor, or other adult
   35  responsible for the welfare of a minor, if the minor possesses a
   36  firearm in violation of this section, may, if the court finds it
   37  appropriate, be required to participate in classes on parent
   38  education which are approved by the Department of Juvenile
   39  Justice, upon the first conviction of the minor. Upon any
   40  subsequent conviction of the minor, the court may, if the court
   41  finds it appropriate, require the parent to attend further
   42  parent education classes or render community service hours
   43  together with the child.
   44         (b)The Department of Juvenile Justice may establish
   45  appropriate community service programs to be available to the
   46  alternative sanctions coordinators of the circuit courts in
   47  implementing this subsection. If the department does not do so,
   48  the juvenile justice circuit advisory board in each circuit must
   49  establish such program in that circuit. The boards or the
   50  department shall propose the implementation of a community
   51  service program in each circuit, and may submit a circuit plan,
   52  to be implemented upon approval of the circuit alternative
   53  sanctions coordinator.
   54         (c)For the purposes of this subsection, community service
   55  shall be performed, if possible, in a manner involving a
   56  hospital emergency room or other medical environment that deals
   57  on a regular basis with trauma patients and gunshot wounds.
   58         (3)Any firearm that is possessed or used by a minor in
   59  violation of this section shall be promptly seized by a law
   60  enforcement officer and disposed of in accordance with s.
   61  790.08.
   62         (4)This section does not reduce or limit any existing
   63  right to purchase and own firearms, nor apply to the exceptions
   64  provided in s. 790.22.
   65         (5)This section applies to social media posts made on or
   66  after October 1, 2019.
   67         Section 2. Subsection (2) of section 790.174, Florida
   68  Statutes, is amended, and subsection (1) of that section is
   69  republished, to read:
   70         790.174 Safe storage of firearms required.—
   71         (1) A person who stores or leaves, on a premise under his
   72  or her control, a loaded firearm, as defined in s. 790.001, and
   73  who knows or reasonably should know that a minor is likely to
   74  gain access to the firearm without the lawful permission of the
   75  minor’s parent or the person having charge of the minor, or
   76  without the supervision required by law, shall keep the firearm
   77  in a securely locked box or container or in a location which a
   78  reasonable person would believe to be secure or shall secure it
   79  with a trigger lock, except when the person is carrying the
   80  firearm on his or her body or within such close proximity
   81  thereto that he or she can retrieve and use it as easily and
   82  quickly as if he or she carried it on his or her body.
   83         (2) It is a misdemeanor of the second degree, punishable as
   84  provided in s. 775.082 or s. 775.083, if a person violates
   85  subsection (1) by failing to store or leave a firearm in the
   86  required manner and as a result thereof a minor gains access to
   87  the firearm, without the lawful permission of the minor’s parent
   88  or the person having charge of the minor, and possesses or
   89  exhibits it, without the supervision required by law:
   90         (a) In a public place; or
   91         (b) In a rude, careless, angry, or threatening manner in
   92  violation of s. 790.10; or
   93         (c)On a social media page, post, profile, or account
   94  openly viewable to the public in violation of s. 790.111.
   96  This subsection does not apply if the minor obtains the firearm
   97  as a result of an unlawful entry by any person.
   98         Section 3. Subsection (17) is added to section 901.15,
   99  Florida Statutes, to read:
  100         901.15 When arrest by officer without warrant is lawful.—A
  101  law enforcement officer may arrest a person without a warrant
  102  when:
  103         (17)There is probable cause to believe that the person has
  104  committed a criminal act as described in s. 790.111.
  105         Section 4. This act shall take effect October 1, 2019.