Florida Senate - 2024                                    SB 1390
       By Senator Stewart
       17-00393-24                                           20241390__
    1                        A bill to be entitled                      
    2         An act relating to safe storage of firearms; amending
    3         s. 790.174, F.S.; revising provisions related to the
    4         requirements for the safe storage of firearms;
    5         increasing the criminal penalties related to such safe
    6         storage provisions; providing criminal penalties for
    7         the failure to store or leave firearms in the required
    8         manner under specified circumstances; providing
    9         criminal penalties for the unsafe storing or leaving
   10         of a firearm in a conveyance under specified
   11         circumstances; providing for a presumption of safe
   12         storage under certain circumstances; reenacting s.
   13         409.175(5)(g), F.S., relating to the required adoption
   14         of a specified form by a Department of Children and
   15         Families rule, to incorporate the amendment made to s.
   16         790.174, F.S., in a reference thereto; providing an
   17         effective date.
   19  Be It Enacted by the Legislature of the State of Florida:
   21         Section 1. Section 790.174, Florida Statutes, is amended to
   22  read:
   23         790.174 Safe storage of firearms required.—
   24         (1) A person who stores or leaves, on a premise or in a
   25  conveyance under his or her control, a loaded firearm, as
   26  defined in s. 790.001, or an unloaded firearm within close
   27  proximity of ammunition, and who knows or reasonably should know
   28  that a minor is likely to gain access to the firearm without the
   29  lawful permission of the minor’s parent or the person having
   30  charge of the minor, or without the supervision required by law,
   31  must shall keep the firearm in a securely locked box or
   32  container or in a location which a reasonable person would
   33  believe to be secure or must shall secure it with a trigger
   34  lock, except when the person is carrying the firearm on his or
   35  her body or within such close proximity thereto that he or she
   36  can retrieve and use it as easily and quickly as if he or she
   37  carried it on his or her body.
   38         (2) It is a misdemeanor of the first second degree,
   39  punishable as provided in s. 775.082 or s. 775.083, if a person
   40  violates subsection (1) by failing to store or leave a firearm
   41  in the required manner and as a result thereof a minor gains
   42  access to the firearm, without the lawful permission of the
   43  minor’s parent or the person having charge of the minor, and
   44  possesses or exhibits it, without the supervision required by
   45  law:
   46         (a) In a public place; or
   47         (b) In a rude, careless, angry, or threatening manner in
   48  violation of s. 790.10.
   50  This subsection does not apply if the minor obtains the firearm
   51  as a result of an unlawful entry by any person.
   52         (3) It is a felony of the third degree, punishable as
   53  provided in s. 775.082, s. 775.083, or s. 775.084, if a person
   54  violates subsection (2) by failing to store or leave a firearm
   55  in the required manner and a minor gains access to the firearm
   56  without the lawful permission of the minor’s parent or the
   57  person having charge of the minor, and the minor:
   58         (a)Discharges such firearm, not in self-defense, and
   59  causes bodily harm to himself or herself or another person; or
   60         (b)Gives the firearm to another person who discharges the
   61  firearm, not in self-defense, and causes bodily harm to any
   62  person.
   63         (4)(a)A person who unsafely stores or leaves, in a
   64  conveyance, a firearm in such a manner that he or she knows or
   65  reasonably should know exposes the firearm to a heightened
   66  likelihood of theft commits a misdemeanor of the second degree,
   67  punishable as provided in s. 775.082 or s. 775.083.
   68         (b)There is a presumption of safe storage that does not
   69  expose the firearm to heightened likelihood of theft under the
   70  following circumstances:
   71         1.The firearm is stored in a lockbox or locked safe or has
   72  a trigger lock engaged;
   73         2.The firearm is stored in a locked conveyance, and, if
   74  the firearm is a handgun, the firearm is outside of the plain
   75  view of a person outside of the conveyance; or
   76         3.The firearm is on the person or under the immediate
   77  control of the person lawfully allowed to possess the firearm.
   78         (5) As used in this section act, the term “minor” means any
   79  person under the age of 16.
   80         Section 2. For the purpose of incorporating the amendment
   81  made by this act to section 790.174, Florida Statutes, in a
   82  reference thereto, paragraph (g) of subsection (5) of section
   83  409.175, Florida Statutes, is reenacted to read:
   84         409.175 Licensure of family foster homes, residential
   85  child-caring agencies, and child-placing agencies; public
   86  records exemption.—
   87         (5) The department shall adopt and amend rules for the
   88  levels of licensed care associated with the licensure of family
   89  foster homes, residential child-caring agencies, and child
   90  placing agencies. The rules may include criteria to approve
   91  waivers to licensing requirements when applying for a child
   92  specific license.
   93         (g) The department’s rules shall include adoption of a form
   94  to be used by child-placing agencies during an adoption home
   95  study that requires all prospective adoptive applicants to
   96  acknowledge in writing the receipt of a document containing
   97  solely and exclusively the language provided for in s. 790.174
   98  verbatim.
   99         Section 3. This act shall take effect July 1, 2024.