Florida Senate - 2021                                     SB 428
       
       
        
       By Senator Polsky
       
       
       
       
       
       29-00446C-21                                           2021428__
    1                        A bill to be entitled                      
    2         An act relating to the sale, transfer, or storage of
    3         firearms; amending s. 790.174, F.S.; redefining the
    4         term “minor”; revising requirements for the safe
    5         storage of loaded firearms; providing criminal
    6         penalties if a person fails to properly secure or
    7         store a firearm and a minor gains access to the weapon
    8         as a result; amending s. 790.175, F.S.; conforming
    9         provisions to changes made by the act; requiring a
   10         seller or transferor of a firearm to provide each
   11         purchaser or transferee with specified information;
   12         providing an exception; providing immunity for certain
   13         providers of information; providing criminal
   14         penalties; amending s. 784.05, F.S.; revising the
   15         standard for adults and minors to be criminally
   16         negligent in the storage of a firearm under certain
   17         circumstances; providing criminal penalties;
   18         redefining the term “minor”; conforming provisions to
   19         changes made by the act; amending s. 790.115, F.S.;
   20         revising an exception to the prohibition on storing or
   21         leaving a loaded firearm within the reach or easy
   22         access of a minor who obtains it and commits a certain
   23         violation; conforming a provision to changes made by
   24         the act; amending s. 921.0022, F.S.; conforming a
   25         cross-reference; reenacting s. 409.175(5)(g), F.S.,
   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. Section 790.174, Florida Statutes, is amended to
   35  read:
   36         790.174 Safe storage of firearms required.—
   37         (1) As used in this section, the term “minor” means a
   38  person younger than 18 years of age.
   39         (2)(1) A person who stores or leaves, on a premise under
   40  his or her control, a loaded firearm, as defined in s. 790.001,
   41  and who knows or reasonably should know that a minor is likely
   42  to gain access to the firearm without the lawful permission of
   43  the minor’s parent or guardian or the person having charge of
   44  the minor, or without the supervision required by law, shall
   45  keep the firearm in a securely locked box or container or in a
   46  location which a reasonable person would believe to be secure or
   47  shall secure it with a firearm locking mechanism trigger lock,
   48  except when the person is carrying the firearm on his or her
   49  body or within such close proximity thereto that he or she can
   50  retrieve and use it as easily and quickly as if he or she
   51  carried it on his or her body.
   52         (3)(2) It is a misdemeanor of the second degree, punishable
   53  as provided in s. 775.082 or s. 775.083, if a person violates
   54  subsection (2) (1) by failing to store or leave a firearm in the
   55  required manner and as a result thereof a minor gains access to
   56  the firearm, without the lawful permission of the minor’s parent
   57  or guardian or the person having charge of the minor, and
   58  possesses or exhibits it, without the supervision required by
   59  law:
   60         (a) In a public place; or
   61         (b) In a rude, careless, angry, or threatening manner in
   62  violation of s. 790.10;
   63         (c)During the commission of any violation of law; or
   64         (d)When great bodily harm or injury occurs, unless the
   65  bodily harm or injury is a result of the firearm’s use for
   66  lawful self-defense or defense of another person.
   67  
   68  This subsection does not apply if the minor obtains the firearm
   69  as a result of an unlawful entry by any person.
   70         (3)As used in this act, the term “minor” means any person
   71  under the age of 16.
   72         Section 2. Section 790.175, Florida Statutes, is amended to
   73  read:
   74         790.175 Transfer or sale of firearms; required warnings and
   75  information; penalties.—
   76         (1) Upon the retail commercial sale or retail transfer of
   77  any firearm, the seller or transferor shall deliver a written
   78  warning to the purchaser or transferee, which warning states, in
   79  block letters not less than 1/4 inch in height:
   80  “IT IS UNLAWFUL, AND PUNISHABLE BY IMPRISONMENT AND FINE, FOR
   81  ANY ADULT TO STORE OR LEAVE A FIREARM IN AN UNSAFE MANNER IN ANY
   82  PLACE WITHIN THE REACH OR EASY ACCESS OF A MINOR UNDER 18 YEARS
   83  OF AGE OR TO KNOWINGLY SELL OR OTHERWISE TRANSFER OWNERSHIP OR
   84  POSSESSION OF A FIREARM TO A MINOR OR A PERSON OF UNSOUND MIND.”
   85         (2) Any retail or wholesale store, shop, or sales outlet
   86  which sells firearms must conspicuously post at each purchase
   87  counter the following warning in block letters not less than 1
   88  inch in height:
   89  “IT IS UNLAWFUL TO STORE OR LEAVE A FIREARM IN AN UNSAFE MANNER
   90  IN ANY PLACE WITHIN THE REACH OR EASY ACCESS OF A MINOR UNDER 18
   91  YEARS OF AGE OR TO KNOWINGLY SELL OR OTHERWISE TRANSFER
   92  OWNERSHIP OR POSSESSION OF A FIREARM TO A MINOR OR A PERSON OF
   93  UNSOUND MIND.”
   94         (3)(a)At the retail commercial sale or retail transfer of
   95  any firearm, the seller or transferor shall comply with all of
   96  the following:
   97         1.Provide each purchaser or transferee with a basic
   98  firearm safety brochure. Such brochure must be produced by a
   99  national nonprofit membership organization that provides a
  100  comprehensive voluntary safety program, including the training
  101  of individuals in the safe handling and use of firearms, or by
  102  another comparable nonprofit organization, and must contain all
  103  of the following information relating to firearms:
  104         a.Rules for safe handling, storage, and use of firearms;
  105         b.Nomenclature and descriptions of various types of
  106  firearms;
  107         c.Responsibilities of firearm ownership; and
  108         d.The following information developed by the Department of
  109  Law Enforcement:
  110         (I)A list of locations at which handguns are prohibited;
  111  and
  112         (II)Information concerning the use of handguns for self
  113  defense.
  114         2.Offer to demonstrate to the purchaser the use of a
  115  firearm locking mechanism.
  116         3.Post in a conspicuous place information relating to the
  117  availability of known local voluntary firearm safety programs.
  118         (b)The brochure required under paragraph (a) need not be
  119  supplied by the firearm dealer if the firearm manufacturer
  120  provides a basic firearm safety brochure with the firearm.
  121         (c)The dealer may collect a charge for the brochure which
  122  may not be greater than the dealer’s cost to obtain the
  123  brochure.
  124         (d)Organizations that produce basic firearm safety
  125  brochures for distribution to firearm dealers for subsequent
  126  distribution to purchasers of firearms under this section and
  127  firearm dealers are not liable for injuries resulting from the
  128  accidental discharge of nondefective firearms purchased from any
  129  dealer.
  130         (4)(3) Any person or business knowingly violating a
  131  requirement to provide a warning as required by under this
  132  section or failing to comply with subsection (3) commits a
  133  misdemeanor of the second degree, punishable as provided in s.
  134  775.082 or s. 775.083.
  135         Section 3. Subsections (3) and (4) of section 784.05,
  136  Florida Statutes, are amended, and subsection (1) of that
  137  section is republished, to read:
  138         784.05 Culpable negligence.—
  139         (1) Whoever, through culpable negligence, exposes another
  140  person to personal injury commits a misdemeanor of the second
  141  degree, punishable as provided in s. 775.082 or s. 775.083.
  142         (3)(a)1.An adult who stores or leaves Whoever violates
  143  subsection (1) by storing or leaving a loaded firearm within the
  144  reach or easy access of a minor commits, if the minor obtains
  145  the firearm and uses it to inflict injury or death upon himself
  146  or herself or any other person, a felony of the third degree,
  147  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  148         2.A minor who violates subsection (1) by storing or
  149  leaving a loaded firearm within the reach or easy access of
  150  another minor commits, if the other minor obtains the firearm
  151  and uses it to inflict injury or death upon himself or herself
  152  or any other person, a misdemeanor of the second degree,
  153  punishable as provided in s. 775.082 or s. 775.083.
  154         (b) However, this subsection does not apply:
  155         1.(a) If the firearm was stored or left in a securely
  156  locked box or container or in a secure location which a
  157  reasonable person would have believed to be secure, or was
  158  securely locked with a firearm locking mechanism trigger lock;
  159         2.(b) If the minor obtains the firearm as a result of an
  160  unlawful entry by any person;
  161         3.(c) To injuries resulting from target or sport shooting
  162  accidents or hunting accidents; or
  163         4.(d) To members of the Armed Forces, National Guard, or
  164  State Militia, or to police or other law enforcement officers,
  165  with respect to firearm possession by a minor which occurs
  166  during or incidental to the performance of their official
  167  duties.
  168  
  169  When any minor child is accidentally shot by another family
  170  member, no arrest shall be made pursuant to this subsection
  171  prior to 7 days after the date of the shooting. With respect to
  172  any parent or guardian of any deceased minor, the investigating
  173  officers shall file all findings and evidence with the state
  174  attorney’s office with respect to violations of this subsection.
  175  The state attorney shall evaluate such evidence and shall take
  176  such action as he or she deems appropriate under the
  177  circumstances and may file an information against the
  178  appropriate parties.
  179         (4) As used in this section act, the term “minor” means any
  180  person under the age of 18 16.
  181         Section 4. Paragraph (c) of subsection (2) of section
  182  790.115, Florida Statutes, is amended to read:
  183         790.115 Possessing or discharging weapons or firearms at a
  184  school-sponsored event or on school property prohibited;
  185  penalties; exceptions.—
  186         (2)
  187         (c)1. A person who willfully and knowingly possesses any
  188  firearm in violation of this subsection commits a felony of the
  189  third degree, punishable as provided in s. 775.082, s. 775.083,
  190  or s. 775.084.
  191         2. A person who stores or leaves a loaded firearm within
  192  the reach or easy access of a minor who obtains the firearm and
  193  commits a violation of subparagraph 1. commits a misdemeanor of
  194  the second degree, punishable as provided in s. 775.082 or s.
  195  775.083; except that this does not apply if the firearm was
  196  stored or left in a securely locked box or container or in a
  197  secure location which a reasonable person would have believed to
  198  be secure, or was securely locked with a firearm-mounted push
  199  button combination lock or a firearm locking mechanism trigger
  200  lock; if the minor obtains the firearm as a result of an
  201  unlawful entry by any person; or to members of the Armed Forces,
  202  National Guard, or State Militia, or to police or other law
  203  enforcement officers, with respect to firearm possession by a
  204  minor which occurs during or incidental to the performance of
  205  their official duties.
  206         Section 5. Paragraph (b) of subsection (3) of section
  207  921.0022, Florida Statutes, is amended to read:
  208         921.0022 Criminal Punishment Code; offense severity ranking
  209  chart.—
  210         (3) OFFENSE SEVERITY RANKING CHART
  211         (b) LEVEL 2
  212  
  213  FloridaStatute    FelonyDegree           Description            
  214  379.2431 (1)(e)3.    3rd   Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
  215  379.2431 (1)(e)4.    3rd   Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
  216  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.
  217  517.07(2)            3rd   Failure to furnish a prospectus meeting requirements.
  218  590.28(1)            3rd   Intentional burning of lands.     
  219  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.
  220  787.04(1)            3rd   In violation of court order, take, entice, etc., minor beyond state limits.
  221  806.13(1)(b)3.       3rd   Criminal mischief; damage $1,000 or more to public communication or any other public service.
  222  810.061(2)           3rd   Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
  223  810.09(2)(e)         3rd   Trespassing on posted commercial horticulture property.
  224  812.014(2)(c)1.      3rd   Grand theft, 3rd degree; $750 or more but less than $5,000.
  225  812.014(2)(d)        3rd   Grand theft, 3rd degree; $100 or more but less than $750, taken from unenclosed curtilage of dwelling.
  226  812.015(7)           3rd   Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
  227  817.234(1)(a)2.      3rd   False statement in support of insurance claim.
  228  817.481(3)(a)        3rd   Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
  229  817.52(3)            3rd   Failure to redeliver hired vehicle.
  230  817.54               3rd   With intent to defraud, obtain mortgage note, etc., by false representation.
  231  817.60(5)            3rd   Dealing in credit cards of another.
  232  817.60(6)(a)         3rd   Forgery; purchase goods, services with false card.
  233  817.61               3rd   Fraudulent use of credit cards over $100 or more within 6 months.
  234  826.04               3rd   Knowingly marries or has sexual intercourse with person to whom related.
  235  831.01               3rd   Forgery.                          
  236  831.02               3rd   Uttering forged instrument; utters or publishes alteration with intent to defraud.
  237  831.07               3rd   Forging bank bills, checks, drafts, or promissory notes.
  238  831.08               3rd   Possessing 10 or more forged notes, bills, checks, or drafts.
  239  831.09               3rd   Uttering forged notes, bills, checks, drafts, or promissory notes.
  240  831.11               3rd   Bringing into the state forged bank bills, checks, drafts, or notes.
  241  832.05(3)(a)         3rd   Cashing or depositing item with intent to defraud.
  242  843.08               3rd   False personation.                
  243  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.
  244  893.147(2)           3rd   Manufacture or delivery of drug paraphernalia.
  245         Section 6. For the purpose of incorporating the amendment
  246  made by this act to section 790.174, Florida Statutes, in a
  247  reference thereto, paragraph (g) of subsection (5) of section
  248  409.175, Florida Statutes, is reenacted to read:
  249         409.175 Licensure of family foster homes, residential
  250  child-caring agencies, and child-placing agencies; public
  251  records exemption.—
  252         (5) The department shall adopt and amend rules for the
  253  levels of licensed care associated with the licensure of family
  254  foster homes, residential child-caring agencies, and child
  255  placing agencies. The rules may include criteria to approve
  256  waivers to licensing requirements when applying for a child
  257  specific license.
  258         (g) The department’s rules shall include adoption of a form
  259  to be used by child-placing agencies during an adoption home
  260  study that requires all prospective adoptive applicants to
  261  acknowledge in writing the receipt of a document containing
  262  solely and exclusively the language provided for in s. 790.174
  263  verbatim.
  264         Section 7. This act shall take effect October 1, 2021.