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.