Florida Senate - 2018                                     SB 218
       
       
        
       By Senator Farmer
       
       
       
       
       
       34-00123-18                                            2018218__
    1                        A bill to be entitled                      
    2         An act relating to the safe storage of loaded
    3         firearms; amending s. 790.174, F.S.; making technical
    4         changes; revising the locations and circumstances in
    5         which a loaded firearm is required to be kept or
    6         secured with a trigger lock; deleting conditions that
    7         pertain to the crime of failing to safely store,
    8         leave, or secure a loaded firearm in a specified
    9         manner; reenacting s. 409.175(5)(f), F.S., relating to
   10         rules of the Department of Children and Families
   11         requiring the adoption of a form used by child-placing
   12         agencies, to incorporate the amendment made to s.
   13         790.174, F.S., in a reference thereto; providing an
   14         effective date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Section 790.174, Florida Statutes, is amended to
   19  read:
   20         790.174 Safe storage of firearms required.—
   21         (1) As used in this section, the term “minor” means a
   22  person younger than 16 years of age.
   23         (2)(1) A person who stores or leaves, on a premise under
   24  his or her control, a loaded firearm, as defined in s. 790.001,
   25  and who knows or reasonably should know that a minor is likely
   26  to gain access to the firearm without the lawful permission of
   27  the minor’s parent or the person having charge of the minor, or
   28  without the supervision required by law, shall keep the firearm
   29  in a securely locked box or container or in a location which a
   30  reasonable person would believe to be secure or shall secure it
   31  with a trigger lock, except when the person is carrying the
   32  firearm on his or her body or within such close proximity
   33  thereto that he or she can retrieve and use it as easily and
   34  quickly as if he or she carried it on his or her body.
   35         (3)(2) It is A person who violates subsection (2) commits a
   36  misdemeanor of the second degree, punishable as provided in s.
   37  775.082 or s. 775.083, if a person violates subsection (1) by
   38  failing to store or leave a firearm in the required manner and
   39  as a result thereof a minor gains access to the firearm, without
   40  the lawful permission of the minor’s parent or the person having
   41  charge of the minor, and possesses or exhibits it, without the
   42  supervision required by law:
   43         (a) In a public place; or
   44         (b) In a rude, careless, angry, or threatening manner in
   45  violation of s. 790.10.
   46  
   47  This subsection does not apply if the minor obtains the firearm
   48  as a result of an unlawful entry by any person.
   49         (3) As used in this act, the term “minor” means any person
   50  under the age of 16.
   51         Section 2. For the purpose of incorporating the amendment
   52  made by this act to section 790.174, Florida Statutes, in a
   53  reference thereto, paragraph (f) of subsection (5) of section
   54  409.175, Florida Statutes, is reenacted to read:
   55         409.175 Licensure of family foster homes, residential
   56  child-caring agencies, and child-placing agencies; public
   57  records exemption.—
   58         (5)
   59         (f) The department’s rules shall include adoption of a form
   60  to be used by child-placing agencies during an adoption home
   61  study that requires all prospective adoptive applicants to
   62  acknowledge in writing the receipt of a document containing
   63  solely and exclusively the language provided for in s. 790.174
   64  verbatim.
   65         Section 3. This act shall take effect July 1, 2018.