Florida Senate - 2022                                    SB 1166
       
       
        
       By Senator Polsky
       
       
       
       
       
       29-00074-22                                           20221166__
    1                        A bill to be entitled                      
    2         An act relating to the sale, transfer, or storage of
    3         firearms; amending s. 784.05, F.S.; revising the
    4         standard for adults and minors to be considered
    5         criminally negligent in the storage of a firearm under
    6         specified circumstances; providing criminal penalties;
    7         redefining the term “minor”; conforming provisions to
    8         changes made by the act; amending s. 790.115, F.S.;
    9         revising an exception to the prohibition on storing or
   10         leaving a loaded firearm within the reach or easy
   11         access of a minor who obtains it and commits a
   12         specified violation; conforming a provision to changes
   13         made by the act; amending s. 790.174, F.S.; redefining
   14         the term “minor”; revising requirements for the safe
   15         storage of loaded firearms; providing criminal
   16         penalties if a person fails to properly secure or
   17         store a firearm and a minor gains access to the weapon
   18         as a result; amending s. 790.175, F.S.; conforming
   19         provisions to changes made by the act; requiring the
   20         seller or transferor of a firearm to provide each
   21         purchaser or transferee with specified information;
   22         providing an exception; providing immunity for certain
   23         providers of information; providing criminal
   24         penalties; amending s. 921.0022, F.S.; conforming a
   25         cross-reference; reenacting s. 409.175(5)(g), F.S.,
   26         relating to rules of the Department of Children and
   27         Families requiring the adoption of a form used by
   28         child-placing agencies, to incorporate the amendment
   29         made to s. 790.174, F.S., in a reference thereto;
   30         providing an effective date.
   31          
   32  Be It Enacted by the Legislature of the State of Florida:
   33  
   34         Section 1. Subsections (3) and (4) of section 784.05,
   35  Florida Statutes, are amended, and subsection (1) of that
   36  section is republished, to read:
   37         784.05 Culpable negligence.—
   38         (1) Whoever, through culpable negligence, exposes another
   39  person to personal injury commits a misdemeanor of the second
   40  degree, punishable as provided in s. 775.082 or s. 775.083.
   41         (3)(a)1.An adult who stores or leaves Whoever violates
   42  subsection (1) by storing or leaving a loaded firearm within the
   43  reach or easy access of a minor commits, if the minor obtains
   44  the firearm and uses it to inflict injury or death upon himself
   45  or herself or any other person, a felony of the third degree,
   46  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   47         2.A minor who violates subsection (1) by storing or
   48  leaving a loaded firearm within the reach or easy access of
   49  another minor commits, if the other minor obtains the firearm
   50  and uses it to inflict injury or death upon himself or herself
   51  or any other person, a misdemeanor of the second degree,
   52  punishable as provided in s. 775.082 or s. 775.083.
   53         (b) However, this subsection does not apply:
   54         1.(a) If the firearm was stored or left in a securely
   55  locked box or container or in a secure location which a
   56  reasonable person would have believed to be secure, or was
   57  securely locked with a firearm locking mechanism trigger lock;
   58         2.(b) If the minor obtains the firearm as a result of an
   59  unlawful entry by any person;
   60         3.(c) To injuries resulting from target or sport shooting
   61  accidents or hunting accidents; or
   62         4.(d) To members of the Armed Forces, National Guard, or
   63  State Militia, or to police or other law enforcement officers,
   64  with respect to firearm possession by a minor which occurs
   65  during or incidental to the performance of their official
   66  duties.
   67  
   68  When any minor child is accidentally shot by another family
   69  member, no arrest shall be made pursuant to this subsection
   70  prior to 7 days after the date of the shooting. With respect to
   71  any parent or guardian of any deceased minor, the investigating
   72  officers shall file all findings and evidence with the state
   73  attorney’s office with respect to violations of this subsection.
   74  The state attorney shall evaluate such evidence and shall take
   75  such action as he or she deems appropriate under the
   76  circumstances and may file an information against the
   77  appropriate parties.
   78         (4) As used in this section act, the term “minor” means any
   79  person under the age of 18 16.
   80         Section 2. Paragraph (c) of subsection (2) of section
   81  790.115, Florida Statutes, is amended to read:
   82         790.115 Possessing or discharging weapons or firearms at a
   83  school-sponsored event or on school property prohibited;
   84  penalties; exceptions.—
   85         (2)
   86         (c)1. A person who willfully and knowingly possesses any
   87  firearm in violation of this subsection commits a felony of the
   88  third degree, punishable as provided in s. 775.082, s. 775.083,
   89  or s. 775.084.
   90         2. A person who stores or leaves a loaded firearm within
   91  the reach or easy access of a minor who obtains the firearm and
   92  commits a violation of subparagraph 1. commits a misdemeanor of
   93  the second degree, punishable as provided in s. 775.082 or s.
   94  775.083; except that this does not apply if the firearm was
   95  stored or left in a securely locked box or container or in a
   96  secure location which a reasonable person would have believed to
   97  be secure, or was securely locked with a firearm-mounted push
   98  button combination lock or a firearm locking mechanism trigger
   99  lock; if the minor obtains the firearm as a result of an
  100  unlawful entry by any person; or to members of the Armed Forces,
  101  National Guard, or State Militia, or to police or other law
  102  enforcement officers, with respect to firearm possession by a
  103  minor which occurs during or incidental to the performance of
  104  their official duties.
  105         Section 3. Section 790.174, Florida Statutes, is amended to
  106  read:
  107         790.174 Safe storage of firearms required.—
  108         (1) As used in this section, the term “minor” means a
  109  person younger than 18 years of age.
  110         (2)(1) A person who stores or leaves, on a premise under
  111  his or her control, a loaded firearm, as defined in s. 790.001,
  112  and who knows or reasonably should know that a minor is likely
  113  to gain access to the firearm without the lawful permission of
  114  the minor’s parent or guardian or the person having charge of
  115  the minor, or without the supervision required by law, shall
  116  keep the firearm in a securely locked box or container or in a
  117  location which a reasonable person would believe to be secure or
  118  shall secure it with a firearm locking mechanism trigger lock,
  119  except when the person is carrying the firearm on his or her
  120  body or within such close proximity thereto that he or she can
  121  retrieve and use it as easily and quickly as if he or she
  122  carried it on his or her body.
  123         (3)(2) It is a misdemeanor of the second degree, punishable
  124  as provided in s. 775.082 or s. 775.083, if a person violates
  125  subsection (2) (1) by failing to store or leave a firearm in the
  126  required manner and as a result thereof a minor gains access to
  127  the firearm, without the lawful permission of the minor’s parent
  128  or guardian or the person having charge of the minor, and
  129  possesses or exhibits it, without the supervision required by
  130  law:
  131         (a) In a public place; or
  132         (b) In a rude, careless, angry, or threatening manner in
  133  violation of s. 790.10;
  134         (c)During the commission of any violation of law; or
  135         (d)When great bodily harm or injury occurs, unless the
  136  bodily harm or injury is a result of the firearm’s use for
  137  lawful self-defense or defense of another person.
  138  
  139  This subsection does not apply if the minor obtains the firearm
  140  as a result of an unlawful entry by any person.
  141         (3)As used in this act, the term “minor” means any person
  142  under the age of 16.
  143         Section 4. Section 790.175, Florida Statutes, is amended to
  144  read:
  145         790.175 Transfer or sale of firearms; required warnings and
  146  information; penalties.—
  147         (1) Upon the retail commercial sale or retail transfer of
  148  any firearm, the seller or transferor shall deliver a written
  149  warning to the purchaser or transferee, which warning states, in
  150  block letters not less than 1/4 inch in height:
  151  
  152  “IT IS UNLAWFUL, AND PUNISHABLE BY IMPRISONMENT AND FINE, FOR
  153  ANY ADULT TO STORE OR LEAVE A FIREARM IN AN UNSAFE MANNER IN ANY
  154  PLACE WITHIN THE REACH OR EASY ACCESS OF A MINOR UNDER 18 YEARS
  155  OF AGE OR TO KNOWINGLY SELL OR OTHERWISE TRANSFER OWNERSHIP OR
  156  POSSESSION OF A FIREARM TO A MINOR OR A PERSON OF UNSOUND MIND.”
  157  
  158         (2) Any retail or wholesale store, shop, or sales outlet
  159  which sells firearms must conspicuously post at each purchase
  160  counter the following warning in block letters not less than 1
  161  inch in height:
  162  
  163  “IT IS UNLAWFUL TO STORE OR LEAVE A FIREARM IN AN UNSAFE MANNER
  164  IN ANY PLACE WITHIN THE REACH OR EASY ACCESS OF A MINOR UNDER 18
  165  YEARS OF AGE OR TO KNOWINGLY SELL OR OTHERWISE TRANSFER
  166  OWNERSHIP OR POSSESSION OF A FIREARM TO A MINOR OR A PERSON OF
  167  UNSOUND MIND.”
  168  
  169         (3)(a)At the retail commercial sale or retail transfer of
  170  any firearm, the seller or transferor shall comply with all of
  171  the following:
  172         1.Provide each purchaser or transferee with a basic
  173  firearm safety brochure. Such brochure must be produced by a
  174  national nonprofit membership organization that provides a
  175  comprehensive voluntary safety program, including the training
  176  of individuals in the safe handling and use of firearms, or by
  177  another comparable nonprofit organization, and must contain all
  178  of the following information relating to firearms:
  179         a.Rules for safe handling, storage, and use of firearms;
  180         b.Nomenclature and descriptions of various types of
  181  firearms;
  182         c.Responsibilities of firearm ownership; and
  183         d.The following information developed by the Department of
  184  Law Enforcement:
  185         (I)A list of locations at which handguns are prohibited;
  186  and
  187         (II)Information concerning the use of handguns for self
  188  defense.
  189         2.Offer to demonstrate to the purchaser the use of a
  190  firearm locking mechanism.
  191         3.Post in a conspicuous place information relating to the
  192  availability of known local voluntary firearm safety programs.
  193         (b)The brochure required under paragraph (a) need not be
  194  supplied by the firearm dealer if the firearm manufacturer
  195  provides a basic firearm safety brochure with the firearm.
  196         (c)The dealer may collect a charge for the brochure which
  197  may not be greater than the dealer’s cost to obtain the
  198  brochure.
  199         (d)Organizations that produce basic firearm safety
  200  brochures for distribution to firearm dealers for subsequent
  201  distribution to purchasers of firearms under this section and
  202  firearm dealers are not liable for injuries resulting from the
  203  accidental discharge of nondefective firearms purchased from any
  204  dealer.
  205         (4)(3) Any person or business knowingly violating a
  206  requirement to provide a warning as required by under this
  207  section or failing to comply with subsection (3) commits a
  208  misdemeanor of the second degree, punishable as provided in s.
  209  775.082 or s. 775.083.
  210         Section 5. Paragraph (b) of subsection (3) of section
  211  921.0022, Florida Statutes, is amended to read:
  212         921.0022 Criminal Punishment Code; offense severity ranking
  213  chart.—
  214         (3) OFFENSE SEVERITY RANKING CHART
  215         (b) LEVEL 2
  216  
  217  FloridaStatute    FelonyDegree           Description            
  218  379.2431 (1)(e)3.    3rd   Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
  219  379.2431 (1)(e)4.    3rd   Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
  220  403.413(6)(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.
  221  517.07(2)            3rd   Failure to furnish a prospectus meeting requirements.
  222  590.28(1)            3rd   Intentional burning of lands.     
  223  784.03(3)            3rd   Battery during a riot or an aggravated riot.
  224  784.05(3)(a)1. 784.05(3)   3rd   Adult storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
  225  787.04(1)            3rd   In violation of court order, take, entice, etc., minor beyond state limits.
  226  806.13(1)(b)3.       3rd   Criminal mischief; damage $1,000 or more to public communication or any other public service.
  227  806.13(3)            3rd   Criminal mischief; damage of $200 or more to a memorial or historic property.
  228  810.061(2)           3rd   Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
  229  810.09(2)(e)         3rd   Trespassing on posted commercial horticulture property.
  230  812.014(2)(c)1.      3rd   Grand theft, 3rd degree; $750 or more but less than $5,000.
  231  812.014(2)(d)        3rd   Grand theft, 3rd degree; $100 or more but less than $750, taken from unenclosed curtilage of dwelling.
  232  812.015(7)           3rd   Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
  233  817.234(1)(a)2.      3rd   False statement in support of insurance claim.
  234  817.481(3)(a)        3rd   Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
  235  817.52(3)            3rd   Failure to redeliver hired vehicle.
  236  817.54               3rd   With intent to defraud, obtain mortgage note, etc., by false representation.
  237  817.60(5)            3rd   Dealing in credit cards of another.
  238  817.60(6)(a)         3rd   Forgery; purchase goods, services with false card.
  239  817.61               3rd   Fraudulent use of credit cards over $100 or more within 6 months.
  240  826.04               3rd   Knowingly marries or has sexual intercourse with person to whom related.
  241  831.01               3rd   Forgery.                          
  242  831.02               3rd   Uttering forged instrument; utters or publishes alteration with intent to defraud.
  243  831.07               3rd   Forging bank bills, checks, drafts, or promissory notes.
  244  831.08               3rd   Possessing 10 or more forged notes, bills, checks, or drafts.
  245  831.09               3rd   Uttering forged notes, bills, checks, drafts, or promissory notes.
  246  831.11               3rd   Bringing into the state forged bank bills, checks, drafts, or notes.
  247  832.05(3)(a)         3rd   Cashing or depositing item with intent to defraud.
  248  843.08               3rd   False personation.                
  249  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)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs other than cannabis.
  250  893.147(2)           3rd   Manufacture or delivery of drug paraphernalia.
  251         Section 6. For the purpose of incorporating the amendment
  252  made by this act to section 790.174, Florida Statutes, in a
  253  reference thereto, paragraph (g) of subsection (5) of section
  254  409.175, Florida Statutes, is reenacted to read:
  255         409.175 Licensure of family foster homes, residential
  256  child-caring agencies, and child-placing agencies; public
  257  records exemption.—
  258         (5) The department shall adopt and amend rules for the
  259  levels of licensed care associated with the licensure of family
  260  foster homes, residential child-caring agencies, and child
  261  placing agencies. The rules may include criteria to approve
  262  waivers to licensing requirements when applying for a child
  263  specific license.
  264         (g) The department’s rules shall include adoption of a form
  265  to be used by child-placing agencies during an adoption home
  266  study that requires all prospective adoptive applicants to
  267  acknowledge in writing the receipt of a document containing
  268  solely and exclusively the language provided for in s. 790.174
  269  verbatim.
  270         Section 7. This act shall take effect October 1, 2022.