Florida Senate - 2019                                     SB 922
       
       
        
       By Senator Berman
       
       
       
       
       
       31-01071B-19                                           2019922__
    1                        A bill to be entitled                      
    2         An act relating to discharging firearms in public or
    3         on residential property; providing a short title;
    4         amending s. 790.15, F.S.; revising provisions
    5         prohibiting the recreational discharge of a firearm
    6         outdoors; providing criminal penalties; providing an
    7         exception; amending s. 810.09, F.S.; prohibiting the
    8         propelling of any potentially lethal projectile over
    9         or across private land while target shooting;
   10         providing criminal penalties; providing an effective
   11         date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. This act may be cited as the “Mary Chadwick
   16  Act.”
   17         Section 2. Subsection (4) of section 790.15, Florida
   18  Statutes, is amended to read:
   19         790.15 Discharging firearm in public or on residential
   20  property.—
   21         (4) Any person who recreationally discharges a firearm
   22  outdoors, including target shooting, in an area that the person
   23  knows or reasonably should know is primarily residential in
   24  nature and that has a residential density of one or more
   25  dwelling units per acre, commits a misdemeanor of the first
   26  degree, punishable as provided in s. 775.082 or s. 775.083. This
   27  subsection does not apply:
   28         (a) To a person lawfully defending life or property or
   29  performing official duties requiring the discharge of a firearm;
   30         (b) If, under the circumstances, the discharge does not
   31  pose a reasonably foreseeable risk to life, safety, or property;
   32  or
   33         (c) To a person who accidentally discharges a firearm; or
   34         (d) To a person engaging in recreational shooting in an
   35  area that the person knows or reasonably should know is
   36  primarily residential in nature on a lot that is 5 acres or
   37  larger. A person engaging in target shooting on such a lot may
   38  only do so if the targets are in front of a dirt berm and
   39  backstop sufficient to stop projectiles from crossing into a
   40  neighboring property.
   41         Section 3. Paragraph (h) of subsection (2) of section
   42  810.09, Florida Statutes, is amended to read:
   43         810.09 Trespass on property other than structure or
   44  conveyance.—
   45         (2)
   46         (h) Any person who in taking or attempting to take any
   47  animal described in s. 379.101(19) or (20);, or in killing,
   48  attempting to kill, or endangering any animal described in s.
   49  585.01(13); or in target shooting knowingly propels or causes to
   50  be propelled any potentially lethal projectile over or across
   51  private land without authorization commits trespass, a felony of
   52  the third degree, punishable as provided in s. 775.082, s.
   53  775.083, or s. 775.084. For purposes of this paragraph, the term
   54  “potentially lethal projectile” includes any projectile launched
   55  from any firearm, bow, crossbow, or similar tensile device. This
   56  section does not apply to any governmental agent or employee
   57  acting within the scope of his or her official duties.
   58         Section 4. This act shall take effect October 1, 2019.