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 âminorâ; 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 âminorâ; 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.âSection 784.05, Florida Statutes, is amended to 38 read: 39 784.05âCulpable negligence.â 40 (1)âWhoever, 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)âWhoever, 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)âExcept as provided in paragraph (b): 47 1.âAn 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.âA 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)âHowever, This subsection does not apply: 61 1.(a)âIf 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)âIf the minor obtains the firearm as a result of an 66 unlawful entry by any person; 67 3.(c)âTo injuries resulting from target or sport shooting 68 accidents or hunting accidents; or 69 4.(d)âTo 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 attorneyâs 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)âAs used in this section act, the term âminorâ means a 86 any person younger than 18 years of age under the age of 16. 87 Section 2.âParagraph (c) of subsection (2) of section 88 790.115, Florida Statutes, is amended to read: 89 790.115âPossessing or discharging weapons or firearms at a 90 school-sponsored event or on school property prohibited; 91 penalties; exceptions.â 92 (2) 93 (c)1.âExcept 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.âA 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.âSection 790.174, Florida Statutes, is amended to 113 read: 114 790.174âSafe storage of firearms required.â 115 (1)âAs used in this section, the term âminorâ means a 116 person younger than 18 years of age. 117 (2)âA 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 minorâs 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)âIt 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 minorâs 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)âIn a public place; or 139 (b)âIn a rude, careless, angry, or threatening manner in 140 violation of s. 790.10; 141 (c)âDuring the commission of any violation of law; or 142 (d)âWhen 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)âAs used in this act, the term âminorâ means any person 149 under the age of 16. 150 Section 4.âSection 790.175, Florida Statutes, is amended to 151 read: 152 790.175âTransfer or sale of firearms; required warnings and 153 information; penalties.â 154 (1)âUpon 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 âIT 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.â 166 167 (2)âAny 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 âIT 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.â 178 179 (3)(a)âAt 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.âProvide 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.âRules for the safe handling, storage, and use of 190 firearms; 191 b.âNomenclature and descriptions of various types of 192 firearms; 193 c.âResponsibilities of firearm ownership; and 194 d.âThe following information developed by the Department of 195 Law Enforcement: 196 (I)âA list of locations where handguns are prohibited; and 197 (II)âInformation concerning the use of handguns for self 198 defense; 199 2.âOffer the purchaser a demonstration of how to use a 200 firearm locking mechanism; and 201 3.âPost in a conspicuous place information relating to the 202 availability of known local voluntary firearm safety programs. 203 (b)âThe 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)âThe firearm dealer may charge a fee for the brochure 207 which may not exceed the dealerâs cost in obtaining the 208 brochure. 209 (d)âOrganizations 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)âAny 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.âParagraph (b) of subsection (3) of section 221 921.0022, Florida Statutes, is amended to read: 222 921.0022âCriminal Punishment Code; offense severity ranking 223 chart.â 224 (3)âOFFENSE SEVERITY RANKING CHART 225 (b)âLEVEL 2 226 227 FloridaStatute FelonyDegree Description 228 379.2431â(1)(e)3. 3rd Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act. 229 379.2431â(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.âFor 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: 267 409.175âLicensure of family foster homes, residential