Florida Senate - 2024 SB 176



By Senator Polsky





30-00017-24 2024176__
1 A bill to be entitled
2 An act relating to the sale, transfer, and storage of
3 firearms; amending s. 784.05, F.S.; revising the
4 standard by which adults and minors are considered
5 criminally negligent in the storage of a firearm under
6 specified circumstances; providing criminal penalties;
7 revising the definition of the term “minor”;
8 conforming provisions to changes made by the act;
9 amending s. 790.115, F.S.; revising an exception to
10 the prohibition on storing or leaving a loaded firearm
11 within the reach or easy access of a minor who obtains
12 it and commits a specified violation; conforming a
13 provision to changes made by the act; amending s.
14 790.174, F.S.; revising the definition of the term
15 “minor”; revising requirements for the safe storage of
16 loaded firearms; providing criminal penalties if a
17 person is found to have failed to properly secure or
18 store a firearm, resulting in a minor gaining access
19 to the weapon; amending s. 790.175, F.S.; conforming
20 provisions to changes made by the act; requiring the
21 seller or transferor of a firearm to provide each
22 purchaser or transferee with specified information;
23 providing an exception; authorizing a firearm dealer
24 to charge a certain fee; providing immunity for
25 certain providers of information; providing criminal
26 penalties; making technical changes; amending s.
27 921.0022, F.S.; conforming a cross-reference and a
28 provision to changes made by the act; reenacting s.
29 409.175(5)(g), F.S., relating to rules of the
30 Department of Children and Families requiring the
31 adoption of a form used by child-placing agencies, to
32 incorporate the amendment made to s. 790.174, F.S., in
33 a reference thereto; providing an effective date.
34
35 Be It Enacted by the Legislature of the State of Florida:
36
37 Section 1. Section 784.05, Florida Statutes, is amended to
38 read:
39 784.05 Culpable negligence.—
40 (1) Whoever, through culpable negligence, exposes another
41 person to personal injury commits a misdemeanor of the second
42 degree, punishable as provided in s. 775.082 or s. 775.083.
43 (2) Whoever, through culpable negligence, inflicts actual
44 personal injury on another commits a misdemeanor of the first
45 degree, punishable as provided in s. 775.082 or s. 775.083.
46 (3)(a) Except as provided in paragraph (b):
47 1. An adult who stores or leaves Whoever violates
48 subsection (1) by storing or leaving a loaded firearm within the
49 reach or easy access of a minor commits, if the minor obtains
50 the firearm and uses it to inflict injury or death upon himself
51 or herself or any other person, commits a felony of the third
52 degree, punishable as provided in s. 775.082, s. 775.083, or s.
53 775.084.
54 2. A minor who violates subsection (1) by storing or
55 leaving a loaded firearm within the reach or easy access of
56 another minor, if the other minor obtains the firearm and uses
57 it to inflict injury or death upon himself or herself or any
58 other person, commits a misdemeanor of the second degree,
59 punishable as provided in s. 775.082 or s. 775.083.
60 (b) However, This subsection does not apply:
61 1.(a) If the firearm was stored or left in a securely
62 locked box or container or in a secure location which a
63 reasonable person would have believed to be secure, or was
64 securely locked with a firearm locking mechanism trigger lock;
65 2.(b) If the minor obtains the firearm as a result of an
66 unlawful entry by any person;
67 3.(c) To injuries resulting from target or sport shooting
68 accidents or hunting accidents; or
69 4.(d) To members of the United States Armed Forces,
70 National Guard, or State Militia, or to police or other law
71 enforcement officers, with respect to firearm possession by a
72 minor which occurs during or incidental to the performance of
73 their official duties.
74
75 When any minor child is accidentally shot by another family
76 member, an arrest may not no arrest shall be made pursuant to
77 this subsection before prior to 7 days after the date of the
78 shooting. With respect to any parent or guardian of any deceased
79 minor, the investigating officers shall file all findings and
80 evidence with the state attorney’s office with respect to
81 violations of this subsection. The state attorney shall evaluate
82 such evidence and shall take such action as he or she deems
83 appropriate under the circumstances, and may file an information
84 against the appropriate parties.
85 (4) As used in this section act, the term “minor” means a
86 any person younger than 18 years of age under the age of 16.
87 Section 2. Paragraph (c) of subsection (2) of section
88 790.115, Florida Statutes, is amended to read:
89 790.115 Possessing or discharging weapons or firearms at a
90 school-sponsored event or on school property prohibited;
91 penalties; exceptions.—
92 (2)
93 (c)1. Except as provided in paragraph (e), a person who
94 willfully and knowingly possesses any firearm in violation of
95 this subsection commits a felony of the third degree, punishable
96 as provided in s. 775.082, s. 775.083, or s. 775.084.
97 2. A person who stores or leaves a loaded firearm within
98 the reach or easy access of a minor who obtains the firearm and
99 commits a violation of subparagraph 1. commits a misdemeanor of
100 the second degree, punishable as provided in s. 775.082 or s.
101 775.083; except that this does not apply if the firearm was
102 stored or left in a securely locked box or container or in a
103 secure location which a reasonable person would have believed to
104 be secure, or was securely locked with a firearm-mounted push
105 button combination lock or a firearm locking mechanism trigger
106 lock; if the minor obtains the firearm as a result of an
107 unlawful entry by any person; or to members of the United States
108 Armed Forces, National Guard, or State Militia, or to police or
109 other law enforcement officers, with respect to firearm
110 possession by a minor which occurs during or incidental to the
111 performance of their official duties.
112 Section 3. Section 790.174, Florida Statutes, is amended to
113 read:
114 790.174 Safe storage of firearms required.—
115 (1) As used in this section, the term “minor” means a
116 person younger than 18 years of age.
117 (2) A person who stores or leaves, on a premise under his
118 or her control, a loaded firearm, as defined in s. 790.001, and
119 who knows or reasonably should know that a minor is likely to
120 gain access to the firearm without the lawful permission of the
121 minor’s parent or guardian or the person having charge of the
122 minor, or without the supervision required by law, shall keep
123 the firearm in a securely locked box or container or in a
124 location which a reasonable person would believe to be secure or
125 shall secure it with a firearm locking mechanism trigger lock,
126 except when the person is carrying the firearm on his or her
127 body or within such close proximity thereto that he or she can
128 retrieve and use it as easily and quickly as if he or she
129 carried it on his or her body.
130 (3)(2) It is a misdemeanor of the second degree, punishable
131 as provided in s. 775.082 or s. 775.083, if a person violates
132 subsection (2) (1) by failing to store or leave a firearm in the
133 required manner and as a result thereof a minor gains access to
134 the firearm, without the lawful permission of the minor’s parent
135 or guardian or the person having charge of the minor, and
136 possesses or exhibits it, without the supervision required by
137 law:
138 (a) In a public place; or
139 (b) In a rude, careless, angry, or threatening manner in
140 violation of s. 790.10;
141 (c) During the commission of any violation of law; or
142 (d) When great bodily harm or injury occurs, unless the
143 bodily harm or injury is a result of the firearm being used for
144 lawful self-defense or defense of another person.
145
146 This subsection does not apply if the minor obtains the firearm
147 as a result of an unlawful entry by any person.
148 (3) As used in this act, the term “minor” means any person
149 under the age of 16.
150 Section 4. Section 790.175, Florida Statutes, is amended to
151 read:
152 790.175 Transfer or sale of firearms; required warnings and
153 information; penalties.—
154 (1) Upon the retail commercial sale or retail transfer of
155 any firearm, the seller or transferor shall deliver a written
156 warning to the purchaser or transferee, which warning states, in
157 block letters not less than 1/4 inch in height:
158
159 “IT IS UNLAWFUL, AND PUNISHABLE BY IMPRISONMENT AND
160 FINE, FOR ANY ADULT TO STORE OR LEAVE A FIREARM IN AN
161 UNSAFE MANNER IN ANY PLACE WITHIN THE REACH OR EASY
162 ACCESS OF A MINOR UNDER 18 YEARS OF AGE OR TO
163 KNOWINGLY SELL OR OTHERWISE TRANSFER OWNERSHIP OR
164 POSSESSION OF A FIREARM TO A MINOR OR A PERSON OF
165 UNSOUND MIND.”
166
167 (2) Any retail or wholesale store, shop, or sales outlet
168 which sells firearms must conspicuously post at each purchase
169 counter the following warning in block letters not less than 1
170 inch in height:
171
172 “IT IS UNLAWFUL TO STORE OR LEAVE A FIREARM IN AN
173 UNSAFE MANNER IN ANY PLACE WITHIN THE REACH OR EASY
174 ACCESS OF A MINOR UNDER 18 YEARS OF AGE OR TO
175 KNOWINGLY SELL OR OTHERWISE TRANSFER OWNERSHIP OR
176 POSSESSION OF A FIREARM TO A MINOR OR A PERSON OF
177 UNSOUND MIND.”
178
179 (3)(a) At the time of the retail commercial sale or the
180 retail transfer of any firearm, the seller or transferor shall
181 comply with all of the following:
182 1. Provide each purchaser or transferee with a brochure on
183 basic firearm safety. The brochure must be produced by a
184 national nonprofit membership organization that provides a
185 comprehensive voluntary safety program, including the training
186 of individuals on the safe handling and use of firearms, or by a
187 comparable nonprofit organization, and must contain all of the
188 following information relating to firearms:
189 a. Rules for the safe handling, storage, and use of
190 firearms;
191 b. Nomenclature and descriptions of various types of
192 firearms;
193 c. Responsibilities of firearm ownership; and
194 d. The following information developed by the Department of
195 Law Enforcement:
196 (I) A list of locations where handguns are prohibited; and
197 (II) Information concerning the use of handguns for self
198 defense;
199 2. Offer the purchaser a demonstration of how to use a
200 firearm locking mechanism; and
201 3. Post in a conspicuous place information relating to the
202 availability of known local voluntary firearm safety programs.
203 (b) The brochure required under paragraph (a) does not need
204 to be provided by the firearm dealer if the firearm manufacturer
205 provides with the firearm a brochure on basic firearm safety.
206 (c) The firearm dealer may charge a fee for the brochure
207 which may not exceed the dealer’s cost in obtaining the
208 brochure.
209 (d) Organizations that produce brochures on basic firearm
210 safety for distribution to firearm dealers for subsequent
211 distribution to purchasers of firearms under this section and
212 firearm dealers are not liable for injuries resulting from the
213 accidental discharge of nondefective firearms purchased from any
214 firearm dealer.
215 (4) Any person or business that knowingly violates
216 subsection (1) or subsection (2) or that violates subsection (3)
217 violating a requirement to provide warning under this section
218 commits a misdemeanor of the second degree, punishable as
219 provided in s. 775.082 or s. 775.083.
220 Section 5. Paragraph (b) of subsection (3) of section
221 921.0022, Florida Statutes, is amended to read:
222 921.0022 Criminal Punishment Code; offense severity ranking
223 chart.—
224 (3) OFFENSE SEVERITY RANKING CHART
225 (b) LEVEL 2
226
227 FloridaStatute FelonyDegree Description
228 379.2431 (1)(e)3. 3rd Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
229 379.2431 (1)(e)4. 3rd Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
230 403.413(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.
231 517.07(2) 3rd Failure to furnish a prospectus meeting requirements.
232 590.28(1) 3rd Intentional burning of lands.
233 784.03(3) 3rd Battery during a riot or an aggravated riot.
234 784.05(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.
235 787.04(1) 3rd In violation of court order, take, entice, etc., minor beyond state limits.
236 806.13(1)(b)3. 3rd Criminal mischief; damage $1,000 or more to public communication or any other public service.
237 806.13(3) 3rd Criminal mischief; damage of $200 or more to a memorial or historic property.
238 810.061(2) 3rd Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
239 810.09(2)(e) 3rd Trespassing on posted commercial horticulture property.
240 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $750 or more but less than $5,000.
241 812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or more but less than $750, taken from unenclosed curtilage of dwelling.
242 812.015(7) 3rd Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
243 817.234(1)(a)2. 3rd False statement in support of insurance claim.
244 817.481(3)(a) 3rd Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
245 817.52(3) 3rd Failure to redeliver hired vehicle.
246 817.54 3rd With intent to defraud, obtain mortgage note, etc., by false representation.
247 817.60(5) 3rd Dealing in credit cards of another.
248 817.60(6)(a) 3rd Forgery; purchase goods, services with false card.
249 817.61 3rd Fraudulent use of credit cards over $100 or more within 6 months.
250 826.04 3rd Knowingly marries or has sexual intercourse with person to whom related.
251 831.01 3rd Forgery.
252 831.02 3rd Uttering forged instrument; utters or publishes alteration with intent to defraud.
253 831.07 3rd Forging bank bills, checks, drafts, or promissory notes.
254 831.08 3rd Possessing 10 or more forged notes, bills, checks, or drafts.
255 831.09 3rd Uttering forged notes, bills, checks, drafts, or promissory notes.
256 831.11 3rd Bringing into the state forged bank bills, checks, drafts, or notes.
257 832.05(3)(a) 3rd Cashing or depositing item with intent to defraud.
258 843.01(2) 3rd Resist police canine or police horse with violence; under certain circumstances.
259 843.08 3rd False personation.
260 843.19(3) 3rd Touch or strike police, fire, SAR canine or police horse.
261 893.13(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.
262 893.147(2) 3rd Manufacture or delivery of drug paraphernalia.
263 Section 6. For the purpose of incorporating the amendment
264 made by this act to section 790.174, Florida Statutes, in a
265 reference thereto, paragraph (g) of subsection (5) of section
266 409.175, Florida Statutes, is reenacted to read:
267 409.175 Licensure of family foster homes, residential
268 child-caring agencies, and child-placing agencies; public
269 records exemption.—
270 (5) The department shall adopt