Florida Senate - 2023 SB 208
By Senator Polsky
30-00014-23 2023208__
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 by which adults and minors may 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 is found to have failed to
17 properly secure or store a firearm resulting in a
18 minor gaining access to the weapon; amending s.
19 790.175, F.S.; conforming provisions to changes made
20 by the act; requiring the seller or transferor of a
21 firearm to provide each purchaser or transferee with
22 specified information; providing an exception;
23 providing immunity for certain providers of
24 information; providing criminal penalties; amending s.
25 921.0022, F.S.; conforming a cross-reference and a
26 provision to changes made by the act; reenacting s.
27 409.175(5)(g), F.S., relating to rules of the
28 Department of Children and Families requiring the
29 adoption of a form used by child-placing agencies, to
30 incorporate the amendment made to s. 790.174, F.S., in
31 a reference thereto; providing an effective date.
32
33 Be It Enacted by the Legislature of the State of Florida:
34
35 Section 1. Section 784.05, Florida Statutes, is amended to
36 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 (2) Whoever, through culpable negligence, inflicts actual
42 personal injury on another commits a misdemeanor of the first
43 degree, punishable as provided in s. 775.082 or s. 775.083.
44 (3)(a) Except as provided in paragraph (b):
45 1. An adult who stores or leaves Whoever violates
46 subsection (1) by storing or leaving a loaded firearm within the
47 reach or easy access of a minor commits, if the minor obtains
48 the firearm and uses it to inflict injury or death upon himself
49 or herself or any other person, commits a felony of the third
50 degree, punishable as provided in s. 775.082, s. 775.083, or s.
51 775.084.
52 2. A minor who violates subsection (1) by storing or
53 leaving a loaded firearm within the reach or easy access of
54 another minor, if the other minor obtains the firearm and uses
55 it to inflict injury or death upon himself or herself or any
56 other person, commits a misdemeanor of the second degree,
57 punishable as provided in s. 775.082 or s. 775.083.
58 (b) However, This subsection does not apply:
59 1.(a) If the firearm was stored or left in a securely
60 locked box or container or in a secure location which a
61 reasonable person would have believed to be secure, or was
62 securely locked with a firearm locking mechanism trigger lock;
63 2.(b) If the minor obtains the firearm as a result of an
64 unlawful entry by any person;
65 3.(c) To injuries resulting from target or sport shooting
66 accidents or hunting accidents; or
67 4.(d) To members of the Armed Forces, National Guard, or
68 State Militia, or to police or other law enforcement officers,
69 with respect to firearm possession by a minor which occurs
70 during or incidental to the performance of their official
71 duties.
72
73 When any minor child is accidentally shot by another family
74 member, no arrest shall be made pursuant to this subsection
75 prior to 7 days after the date of the shooting. With respect to
76 any parent or guardian of any deceased minor, the investigating
77 officers shall file all findings and evidence with the state
78 attorney’s office with respect to violations of this subsection.
79 The state attorney shall evaluate such evidence and shall take
80 such action as he or she deems appropriate under the
81 circumstances and may file an information against the
82 appropriate parties.
83 (4) As used in this section act, the term “minor” means a
84 any person younger than 18 years of age under the age of 16.
85 Section 2. Paragraph (c) of subsection (2) of section
86 790.115, Florida Statutes, is amended to read:
87 790.115 Possessing or discharging weapons or firearms at a
88 school-sponsored event or on school property prohibited;
89 penalties; exceptions.—
90 (2)
91 (c)1. A person who willfully and knowingly possesses any
92 firearm in violation of this subsection commits a felony of the
93 third degree, punishable as provided in s. 775.082, s. 775.083,
94 or s. 775.084.
95 2. A person who stores or leaves a loaded firearm within
96 the reach or easy access of a minor who obtains the firearm and
97 commits a violation of subparagraph 1. commits a misdemeanor of
98 the second degree, punishable as provided in s. 775.082 or s.
99 775.083; except that this does not apply if the firearm was
100 stored or left in a securely locked box or container or in a
101 secure location which a reasonable person would have believed to
102 be secure, or was securely locked with a firearm-mounted push
103 button combination lock or a firearm locking mechanism trigger
104 lock; if the minor obtains the firearm as a result of an
105 unlawful entry by any person; or to members of the Armed Forces,
106 National Guard, or State Militia, or to police or other law
107 enforcement officers, with respect to firearm possession by a
108 minor which occurs during or incidental to the performance of
109 their official duties.
110 Section 3. Section 790.174, Florida Statutes, is amended to
111 read:
112 790.174 Safe storage of firearms required.—
113 (1) As used in this section, the term “minor” means a
114 person younger than 18 years of age.
115 (2) A person who stores or leaves, on a premise under his
116 or her control, a loaded firearm, as defined in s. 790.001, and
117 who knows or reasonably should know that a minor is likely to
118 gain access to the firearm without the lawful permission of the
119 minor’s parent or guardian or the person having charge of the
120 minor, or without the supervision required by law, shall keep
121 the firearm in a securely locked box or container or in a
122 location which a reasonable person would believe to be secure or
123 shall secure it with a firearm locking mechanism trigger lock,
124 except when the person is carrying the firearm on his or her
125 body or within such close proximity thereto that he or she can
126 retrieve and use it as easily and quickly as if he or she
127 carried it on his or her body.
128 (3)(2) It is a misdemeanor of the second degree, punishable
129 as provided in s. 775.082 or s. 775.083, if a person violates
130 subsection (2) (1) by failing to store or leave a firearm in the
131 required manner and as a result thereof a minor gains access to
132 the firearm, without the lawful permission of the minor’s parent
133 or guardian or the person having charge of the minor, and
134 possesses or exhibits it, without the supervision required by
135 law:
136 (a) In a public place; or
137 (b) In a rude, careless, angry, or threatening manner in
138 violation of s. 790.10;
139 (c) During the commission of any violation of law; or
140 (d) When great bodily harm or injury occurs, unless the
141 bodily harm or injury is a result of the firearm’s use for
142 lawful self-defense or defense of another person.
143
144 This subsection does not apply if the minor obtains the firearm
145 as a result of an unlawful entry by any person.
146 (3) As used in this act, the term “minor” means any person
147 under the age of 16.
148 Section 4. Section 790.175, Florida Statutes, is amended to
149 read:
150 790.175 Transfer or sale of firearms; required warnings and
151 information; penalties.—
152 (1) Upon the retail commercial sale or retail transfer of
153 any firearm, the seller or transferor shall deliver a written
154 warning to the purchaser or transferee, which warning states, in
155 block letters not less than 1/4 inch in height:
156
157 “IT IS UNLAWFUL, AND PUNISHABLE BY IMPRISONMENT AND FINE, FOR
158 ANY ADULT TO STORE OR LEAVE A FIREARM IN AN UNSAFE MANNER IN ANY
159 PLACE WITHIN THE REACH OR EASY ACCESS OF A MINOR UNDER 18 YEARS
160 OF AGE OR TO KNOWINGLY SELL OR OTHERWISE TRANSFER OWNERSHIP OR
161 POSSESSION OF A FIREARM TO A MINOR OR A PERSON OF UNSOUND MIND.”
162
163 (2) Any retail or wholesale store, shop, or sales outlet
164 which sells firearms must conspicuously post at each purchase
165 counter the following warning in block letters not less than 1
166 inch in height:
167
168 “IT IS UNLAWFUL TO STORE OR LEAVE A FIREARM IN AN UNSAFE MANNER
169 IN ANY PLACE WITHIN THE REACH OR EASY ACCESS OF A MINOR UNDER 18
170 YEARS OF AGE OR TO KNOWINGLY SELL OR OTHERWISE TRANSFER
171 OWNERSHIP OR POSSESSION OF A FIREARM TO A MINOR OR A PERSON OF
172 UNSOUND MIND.”
173
174 (3)(a) At the time of the retail commercial sale or the
175 retail transfer of any firearm, the seller or transferor shall
176 comply with all of the following:
177 1. Provide each purchaser or transferee with a basic
178 firearm safety brochure. Such brochure must be produced by a
179 national nonprofit membership organization that provides a
180 comprehensive voluntary safety program, including the training
181 of individuals in the safe handling and use of firearms, or by
182 another comparable nonprofit organization, and must contain all
183 of the following information relating to firearms:
184 a. Rules for the safe handling, storage, and use of
185 firearms;
186 b. Nomenclature and descriptions of various types of
187 firearms;
188 c. Responsibilities of firearm ownership; and
189 d. The following information developed by the Department of
190 Law Enforcement:
191 (I) A list of locations at which handguns are prohibited;
192 and
193 (II) Information concerning the use of handguns for self
194 defense;
195 2. Offer to demonstrate to the purchaser the use of a
196 firearm locking mechanism; and
197 3. Post in a conspicuous place information relating to the
198 availability of known local voluntary firearm safety programs.
199 (b) The brochure required to be provided under paragraph
200 (a) need not be supplied by the firearm dealer if the firearm
201 manufacturer provides a basic firearm safety brochure with the
202 firearm.
203 (c) The dealer may collect a charge for the brochure which
204 may not exceed the dealer’s cost in obtaining the brochure.
205 (d) Organizations that produce basic firearm safety
206 brochures for distribution to firearm dealers for subsequent
207 distribution to purchasers of firearms under this section and
208 firearm dealers are not liable for injuries resulting from the
209 accidental discharge of nondefective firearms purchased from any
210 dealer.
211 (4) Any person or business that knowingly violates
212 subsection (1) or subsection (2) or that violates subsection (3)
213 violating a requirement to provide warning under this section
214 commits a misdemeanor of the second degree, punishable as
215 provided in s. 775.082 or s. 775.083.
216 Section 5. Paragraph (b) of subsection (3) of section
217 921.0022, Florida Statutes, is amended to read:
218 921.0022 Criminal Punishment Code; offense severity ranking
219 chart.—
220 (3) OFFENSE SEVERITY RANKING CHART
221 (b) LEVEL 2
222
223 FloridaStatute FelonyDegree Description
224 379.2431 (1)(e)3. 3rd Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
225 379.2431 (1)(e)4. 3rd Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
226 403.413(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.
227 517.07(2) 3rd Failure to furnish a prospectus meeting requirements.
228 590.28(1) 3rd Intentional burning of lands.
229 784.03(3) 3rd Battery during a riot or an aggravated riot.
230 784.05(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.
231 787.04(1) 3rd In violation of court order, take, entice, etc., minor beyond state limits.
232 806.13(1)(b)3. 3rd Criminal mischief; damage $1,000 or more to public communication or any other public service.
233 806.13(3) 3rd Criminal mischief; damage of $200 or more to a memorial or historic property.
234 810.061(2) 3rd Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
235 810.09(2)(e) 3rd Trespassing on posted commercial horticulture property.
236 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $750 or more but less than $5,000.
237 812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or more but less than $750, taken from unenclosed curtilage of dwelling.
238 812.015(7) 3rd Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
239 817.234(1)(a)2. 3rd False statement in support of insurance claim.
240 817.481(3)(a) 3rd Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
241 817.52(3) 3rd Failure to redeliver hired vehicle.
242 817.54 3rd With intent to defraud, obtain mortgage note, etc., by false representation.
243 817.60(5) 3rd Dealing in credit cards of another.
244 817.60(6)(a) 3rd Forgery; purchase goods, services with false card.
245 817.61 3rd Fraudulent use of credit cards over $100 or more within 6 months.
246 826.04 3rd Knowingly marries or has sexual intercourse with person to whom related.
247 831.01 3rd Forgery.
248 831.02 3rd Uttering forged instrument; utters or publishes alteration with intent to defraud.
249 831.07 3rd Forging bank bills, checks, drafts, or promissory notes.
250 831.08 3rd Possessing 10 or more forged notes, bills, checks, or drafts.
251 831.09 3rd Uttering forged notes, bills, checks, drafts, or promissory notes.
252 831.11 3rd Bringing into the state forged bank bills, checks, drafts, or notes.
253 832.05(3)(a) 3rd Cashing or depositing item with intent to defraud.
254 843.08 3rd False personation.
255 893.13(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.
256 893.147(2) 3rd Manufacture or delivery of drug paraphernalia.
257 Section 6. For the purpose of incorporating the amendment
258 made by this act to section 790.174, Florida Statutes, in a
259 reference thereto, paragraph (g) of subsection (5) of section
260 409.175, Florida Statutes, is reenacted to read:
261 409.175 Licensure of family foster homes, residential
262 child-caring agencies, and child-placing agencies; public
263 records exemption.—
264 (5) The department shall adopt and amend rules for the
265 levels of licensed care associated with the licensure of family
266 foster homes, residential child-caring agencies, and child
267 placing agencies. The rules may include criteria to approve
268 waivers to licensing requirements when applying for a child
269 specific license.
270 (g) The department’s rules shall include adoption of a form
271 to be used by child-placing agencies during an adoption home
272 study that requires all prospective adoptive applicants to
273 acknowledge in writing the receipt of a document containing
274 solely and exclusively the language provided for in s. 790.174
275 verbatim.
276 Section 7. This act shall take effect October 1, 2023.