Florida Senate - 2025 SENATOR AMENDMENT
Bill No. CS for CS for CS for SB 1444
Ì131266)Î131266
LEGISLATIVE ACTION
Senate . House
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Floor: WD .
04/29/2025 10:20 AM .
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Senator Polsky moved the following:
1 Senate Amendment (with title amendment)
2
3 Between lines 167 and 168
4 insert:
5 Section 7. Section 790.174, Florida Statutes, is amended to
6 read:
7 790.174 Safe storage of firearms required.—
8 (1) A person safely stores a firearm as defined in s.
9 790.001 by:
10 (a) Keeping the firearm in a securely locked safe;
11 (b) Keeping the firearm in a securely locked container,
12 including, but not limited to, a lockbox, drawer, cabinet, or
13 case; or
14 (c) Equipping the firearm with a tamper-resistant
15 mechanical lock or other safety device, properly engaged in
16 order to render the firearm inoperable by any person other than
17 the owner or other lawfully authorized user. Such devices
18 include, but are not limited to, a trigger lock or cable lock.
19 (2) A person who stores or leaves, on a premise under his
20 or her control, a loaded firearm, as defined in s. 790.001 in
21 any place must safely store the firearm in accordance with this
22 section, and who knows or reasonably should know that a minor is
23 likely to gain access to the firearm without the lawful
24 permission of the minor’s parent or the person having charge of
25 the minor, or without the supervision required by law, shall
26 keep the firearm in a securely locked box or container or in a
27 location which a reasonable person would believe to be secure or
28 shall secure it with a trigger lock, except when the person or
29 other lawfully authorized user is carrying the firearm on his or
30 her body or within such close proximity thereto that he or she
31 can retrieve and use it as easily and quickly as if he or she
32 carried it on his or her body. Except as provided in subsection
33 (3) or subsection (4), a person who violates this subsection
34 commits:
35 (a) For a first offense, a noncriminal infraction,
36 punishable by a fine of $100.
37 (b) For a second or subsequent offense, a misdemeanor of
38 the second degree, punishable as provided in s. 775.082 or s.
39 775.083.
40 (3) A person who violates subsection (2) commits a
41 misdemeanor of the first degree, punishable as provided in s.
42 775.082 or s. 775.083, if the firearm is loaded and stored in a
43 place and manner that he or she knows or reasonably should know
44 creates a likelihood of a minor being able to gain access to the
45 firearm.
46 (4) A person whose unlawful storage of a firearm under this
47 section causes another person to access and unlawfully discharge
48 the firearm commits a felony of the third degree, punishable as
49 provided in s. 775.082, s. 775.083, or s. 775.084. This
50 subsection does not apply if the firearm was obtained by the
51 unlawful entry of a dwelling by any person.
52 (5) Evidence obtained solely as a result of a person
53 reporting the theft of a firearm to a law enforcement agency is
54 inadmissible in an action under this section.
55 (2) It is a misdemeanor of the second degree, punishable as
56 provided in s. 775.082 or s. 775.083, if a person violates
57 subsection (1) by failing to store or leave a firearm in the
58 required manner and as a result thereof a minor gains access to
59 the firearm, without the lawful permission of the minor’s parent
60 or the person having charge of the minor, and possesses or
61 exhibits it, without the supervision required by law:
62 (a) In a public place; or
63 (b) In a rude, careless, angry, or threatening manner in
64 violation of s. 790.10.
65
66 This subsection does not apply if the minor obtains the firearm
67 as a result of an unlawful entry by any person.
68 (6)(3) As used in this section act, the term “minor” means
69 a any person younger than under the age of 16 years of age.
70
71 ================= T I T L E A M E N D M E N T ================
72 And the title is amended as follows:
73 Between lines 22 and 23
74 insert:
75 amending s. 790.174, F.S.; specifying what qualifies
76 as safely storing a firearm; revising requirements
77 relating to the safe storage of firearms; providing
78 penalties; revising and providing criminal penalties;
79 revising applicability; providing for the
80 inadmissibility of certain evidence;