F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 347 2022
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 penalti es;
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.,
Page 1 of 15
CODING: Words stricken are deletions; words underlined are additions.
hb0347-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 347 2022
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
Page 2 of 15
CODING: Words stricken are deletions; words underlined are additions.
hb0347-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 347 2022
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
Page 3 of 15
CODING: Words stricken are deletions; words underlined are additions.
hb0347-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 347 2022
76 circumstances and may file an information against the
77 appropriate parties.
78 (4) As used in this section act, the term "minor" means
79 any 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 F orces,
Page 4 of 15
CODING: Words stricken are deletions; words underlined are additions.
hb0347-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 347 2022
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
106 to 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,
124 punishable as provided in s. 775.082 or s. 775.083, if a person
125 violates subsection (2) (1) by failing to store or leave a
Page 5 of 15
CODING: Words stricken are deletions; words underlined are additions.
hb0347-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 347 2022
126 firearm in the required manner and as a result thereof a minor
127 gains access to the firearm, without the lawful permission of
128 the minor's parent or guardian or the person having charge of
129 the minor, and possesses or exhibits it, without the supervision
130 required by 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
144 to read:
145 790.175 Transfer or sale of firearms; required warnings
146 and 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:
Page 6 of 15
CODING: Words stricken are deletions; words underlined are additions.
hb0347-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 347 2022
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 O R
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
164 MANNER IN ANY PLACE WITHIN THE REACH OR EASY ACCESS OF A
165 MINOR UNDER 18 YEARS OF AGE OR TO KNOWINGLY SELL OR
166 OTHERWISE TRANSFER OWNERSHIP OR POSSESSION OF A FIREARM TO
167 A MINOR OR A PERSON OF 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
Page 7 of 15
CODING: Words stricken are deletions; words underlined are additions.
hb0347-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 347 2022
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
184 of 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
Page 8 of 15
CODING: Words stricken are deletions; words underlined are additions.
hb0347-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 347 2022
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
213 ranking chart.—
214 (3) OFFENSE SEVERITY RANKING CHART
215 (b) LEVEL 2
216
Florida Felony Description
Statute Degree
217
379.2431 3rd Possession of 11 or fewer marine
(1)(e)3. turtle eggs in violation of the
Marine Turtle Protection Act.
218
379.2431 3rd Poss