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A bill to be entitled 1
An act relating to the sale, transfer, or storage of 2
firearms; amending s. 784.05, F.S.; revising the 3
standard for adults and minors to be considered 4
criminally negligent in the storage of a firearm under 5
specified circumstances; providing criminal penalti es; 6
redefining the term "minor"; conforming provisions to 7
changes made by the act; amending s. 790.115, F.S.; 8
revising an exception to the prohibition on storing or 9
leaving a loaded firearm within the reach or easy 10
access of a minor who obtains it and comm its a 11
specified violation; conforming a provision to changes 12
made by the act; amending s. 790.174, F.S.; redefining 13
the term "minor"; revising requirements for the safe 14
storage of loaded firearms; providing criminal 15
penalties if a person fails to properly secure or 16
store a firearm and a minor gains access to the weapon 17
as a result; amending s. 790.175, F.S.; conforming 18
provisions to changes made by the act; requiring the 19
seller or transferor of a firearm to provide each 20
purchaser or transferee with specifie d information; 21
providing an exception; providing immunity for certain 22
providers of information; providing criminal 23
penalties; amending s. 921.0022, F.S.; conforming a 24
cross-reference; reenacting s. 409.175(5)(g), F.S., 25
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relating to rules of the Department o f Children and 26
Families requiring the adoption of a form used by 27
child-placing agencies, to incorporate the amendment 28
made to s. 790.174, F.S., in a reference thereto; 29
providing an effective date. 30
31
Be It Enacted by the Legislature of the State of Flori da: 32
33
Section 1. Subsections (3) and (4) of section 784.05, 34
Florida Statutes, are amended, and subsection (1) of that 35
section is republished, to read: 36
784.05 Culpable negligence. — 37
(1) Whoever, through culpable negligence, exposes another 38
person to personal injury commits a misdemeanor of the second 39
degree, punishable as provided in s. 775.082 or s. 775.083. 40
(3)(a)1. An adult who stores or leaves Whoever violates 41
subsection (1) by storing or leaving a loaded firearm within the 42
reach or easy access o f a minor commits, if the minor obtains 43
the firearm and uses it to inflict injury or death upon himself 44
or herself or any other person, a felony of the third degree, 45
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 46
2. A minor who violates subsection (1) by storing or 47
leaving a loaded firearm within the reach or easy access of 48
another minor commits, if the other minor obtains the firearm 49
and uses it to inflict injury or death upon himself or herself 50
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or any other person, a misdemeanor of the second degree, 51
punishable as provided in s. 775.082 or s. 775.083. 52
(b) However, this subsection does not apply: 53
1.(a) If the firearm was stored or left in a securely 54
locked box or container or in a secure location which a 55
reasonable person would have believed to be secure , or was 56
securely locked with a firearm locking mechanism trigger lock; 57
2.(b) If the minor obtains the firearm as a result of an 58
unlawful entry by any person; 59
3.(c) To injuries resulting from target or sport shooting 60
accidents or hunting accidents; or 61
4.(d) To members of the Armed Forces, National Guard, or 62
State Militia, or to police or other law enforcement officers, 63
with respect to firearm possession by a minor which occurs 64
during or incidental to the performance of their offic ial 65
duties. 66
67
When any minor child is accidentally shot by another family 68
member, no arrest shall be made pursuant to this subsection 69
prior to 7 days after the date of the shooting. With respect to 70
any parent or guardian of any deceased minor, the investigating 71
officers shall file all findings and evidence with the state 72
attorney's office with respect to violations of this subsection. 73
The state attorney shall evaluate such evidence and shall take 74
such action as he or she deems appropriate under the 75
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circumstances and may file an information against the 76
appropriate parties. 77
(4) As used in this section act, the term "minor" means 78
any person under the age of 18 16. 79
Section 2. Paragraph (c) of subsection (2) of section 80
790.115, Florida Statutes, is amended to read: 81
790.115 Possessing or discharging weapons or firearms at a 82
school-sponsored event or on school property prohibited; 83
penalties; exceptions. — 84
(2) 85
(c)1. A person who willfully and knowingly possesses any 86
firearm in violation of this subsection commits a felony of the 87
third degree, punishable as provided in s. 775.082, s. 775.083, 88
or s. 775.084. 89
2. A person who stores or leaves a loaded firearm within 90
the reach or easy access of a minor who obtains the firearm and 91
commits a violation of subparagraph 1. c ommits a misdemeanor of 92
the second degree, punishable as provided in s. 775.082 or s. 93
775.083; except that this does not apply if the firearm was 94
stored or left in a securely locked box or container or in a 95
secure location which a reasonable person would h ave believed to 96
be secure, or was securely locked with a firearm -mounted push-97
button combination lock or a firearm locking mechanism trigger 98
lock; if the minor obtains the firearm as a result of an 99
unlawful entry by any person; or to members of the Armed F orces, 100
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National Guard, or State Militia, or to police or other law 101
enforcement officers, with respect to firearm possession by a 102
minor which occurs during or incidental to the performance of 103
their official duties. 104
Section 3. Section 790.174, Florida St atutes, is amended 105
to read: 106
790.174 Safe storage of firearms required. — 107
(1) As used in this section, the term "minor" means a 108
person younger than 18 years of age. 109
(2)(1) A person who stores or leaves, on a premise under 110
his or her control, a loaded f irearm, as defined in s. 790.001, 111
and who knows or reasonably should know that a minor is likely 112
to gain access to the firearm without the lawful permission of 113
the minor's parent or guardian or the person having charge of 114
the minor, or without the supervis ion required by law, shall 115
keep the firearm in a securely locked box or container or in a 116
location which a reasonable person would believe to be secure or 117
shall secure it with a firearm locking mechanism trigger lock, 118
except when the person is carrying the firearm on his or her 119
body or within such close proximity thereto that he or she can 120
retrieve and use it as easily and quickly as if he or she 121
carried it on his or her body. 122
(3)(2) It is a misdemeanor of the second degree, 123
punishable as provided in s. 7 75.082 or s. 775.083, if a person 124
violates subsection (2) (1) by failing to store or leave a 125
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firearm in the required manner and as a result thereof a minor 126
gains access to the firearm, without the lawful permission of 127
the minor's parent or guardian or the person having charge of 128
the minor, and possesses or exhibits it, without the supervision 129
required by law: 130
(a) In a public place; or 131
(b) In a rude, careless, angry, or threatening manner in 132
violation of s. 790.10 ; 133
(c) During the commission of any viol ation of law; or 134
(d) When great bodily harm or injury occurs, unless the 135
bodily harm or injury is a result of the firearm's use for 136
lawful self-defense or defense of another person . 137
138
This subsection does not apply if the minor obtains the firearm 139
as a result of an unlawful entry by any person. 140
(3) As used in this act, the term "minor" means any person 141
under the age of 16. 142
Section 4. Section 790.175, Florida Statutes, is amended 143
to read: 144
790.175 Transfer or sale of firearms; required warnings 145
and information; penalties.— 146
(1) Upon the retail commercial sale or retail transfer of 147
any firearm, the seller or transferor shall deliver a written 148
warning to the purchaser or transferee, which warning states, in 149
block letters not less than 1/4 inch in heigh t: 150
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"IT IS UNLAWFUL, AND PUNISHABLE BY IMPRISONMENT AND FINE, FOR 152
ANY ADULT TO STORE OR LEAVE A FIREARM IN AN UNSAFE MANNER IN ANY 153
PLACE WITHIN THE REACH OR EASY ACCESS OF A MINOR UNDER 18 YEARS 154
OF AGE OR TO KNOWINGLY SELL OR OTHERWISE TRANSFER OWNERSHIP O R 155
POSSESSION OF A FIREARM TO A MINOR OR A PERSON OF UNSOUND MIND." 156
157
(2) Any retail or wholesale store, shop, or sales outlet 158
which sells firearms must conspicuously post at each purchase 159
counter the following warning in block letters not less than 1 160
inch in height: 161
162
"IT IS UNLAWFUL TO STORE OR LEAVE A FIREARM IN AN UNSAFE 163
MANNER IN ANY PLACE WITHIN THE REACH OR EASY ACCESS OF A 164
MINOR UNDER 18 YEARS OF AGE OR TO KNOWINGLY SELL OR 165
OTHERWISE TRANSFER OWNERSHIP OR POSSESSION OF A FIREARM TO 166
A MINOR OR A PERSON OF UNSOUND MIND." 167
168
(3)(a) At the retail commercial sale or retail transfer of 169
any firearm, the seller or transferor shall comply with all of 170
the following: 171
1. Provide each purchaser or transferee with a basic 172
firearm safety brochure. Such brochure must be produced by a 173
national nonprofit membership organization that provides a 174
comprehensive voluntary safety program, including the training 175
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of individuals in the safe handling and use of firearms, or by 176
another comparable nonprofit organization, and must contain all 177
of the following information relating to firearms: 178
a. Rules for safe handling, storage, and use of firearms; 179
b. Nomenclature and descriptions of various types of 180
firearms; 181
c. Responsibilities of firearm ownership; and 182
d. The following information developed by the Department 183
of Law Enforcement: 184
(I) A list of locations at which handguns are prohibited; 185
and 186
(II) Information concerning the use of handguns for self -187
defense. 188
2. Offer to demonstrate to the purchaser the use of a 189
firearm locking mechanism. 190
3. Post in a conspicuous place information relating to the 191
availability of known local voluntary firearm safety programs. 192
(b) The brochure required under paragraph (a) need not be 193
supplied by the firearm dealer if the firearm manufacturer 194
provides a basic firearm safety brochure with the firearm. 195
(c) The dealer may collect a charge for the brochure which 196
may not be greater than the dealer's cost to obtain the 197
brochure. 198
(d) Organizations that produce basic firearm safety 199
brochures for distribution to firearm dealers for subsequent 200
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distribution to purchasers o f firearms under this section and 201
firearm dealers are not liable for injuries resulting from the 202
accidental discharge of nondefective firearms purchased from any 203
dealer. 204
(4)(3) Any person or business knowingly violating a 205
requirement to provide a warning as required by under this 206
section or failing to comply with subsection (3) commits a 207
misdemeanor of the second degree, punishable as provided in s. 208
775.082 or s. 775.083. 209
Section 5. Paragraph (b) of subsection (3) of section 210
921.0022, Florida Statutes , is amended to read: 211
921.0022 Criminal Punishment Code; offense severity 212
ranking chart.— 213
(3) OFFENSE SEVERITY RANKING CHART 214
(b) LEVEL 2 215
216
Florida
Statute
Felony
Degree
Description
217
379.2431
(1)(e)3.
3rd Possession of 11 or fewer marine
turtle eggs in violation of the
Marine Turtle Protection Act.
218
379.2431
(1)(e)4.
3rd Possession of more than 11
marine turtle eggs in violation
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of the Marine Turtle Protection
Act.
219
403.413(6)(c) 3rd Dumps waste litter exceeding 500
lbs. in weight or 100 cubic fe et
in volume or any quantity for
commercial purposes, or
hazardous waste.
220
517.07(2) 3rd Failure to furnish a prospectus
meeting requirements.
221
590.28(1) 3rd Intentional burning of lands.
222
784.03(3) 3rd Battery during a riot or an
aggravated riot.
223
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.
224
787.04(1) 3rd In violation of court order,
take, entice, etc., minor beyond
state limits.
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225
806.13(1)(b)3. 3rd Criminal mischief; damage $1,000
or more to public communication
or any other public service.
226
806.13(3) 3rd Criminal mischief; damage of
$200 or more to a memorial or
historic property.
227
810.061(2) 3rd Impairing or impeding telephone
or power to a dwelling;
facilitating or furthering
burglary.
228
810.09(2)(e) 3rd Trespassing on posted commercial
horticulture property.
229
812.014(2)(c)1. 3rd Grand theft, 3rd degree; $750 or
more but less than $5,000.
230
812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or
more but less than $750, taken
from unenclosed curtilage of
dwelling.
231
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812.015(7) 3rd Possession, use, or attempted
use of an antishoplifting or
inventory control device
countermeasure.
232
817.234(1)(a)2. 3rd False statement in support of
insurance claim.
233
817.481(3)(a) 3rd Obtain credit or purchase with
false, expired, counterfeit,
etc., credit card, value over
$300.
234
817.52(3) 3rd Failure to redeliver hired
vehicle.
235
817.54 3rd With intent to defraud, obtain
mortgage note, etc., by false
representation.
236
817.60(5) 3rd Dealing in credit cards of
another.
237
817.60(6)(a) 3rd Forgery; purchase goods,
services with false card.
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238
817.61 3rd Fraudulent use of credit cards
over $100 or more within 6
months.
239
826.04 3rd Knowingly marries or has sexual
intercourse with person to whom
related.
240
831.01 3rd Forgery.
241
831.02 3rd Uttering forged instrument;
utters or publishes alteration
with intent to defraud.
242
831.07 3rd Forging bank bills, checks,
drafts, or promissory notes.
243
831.08 3rd Possessing 10 or more forged
notes, bills, checks, or drafts.
244
831.09 3rd Uttering forged notes, bills,
checks, drafts, or promissory
notes.
245
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831.11 3rd Bringing into the state forged
bank bills, checks, drafts, or
notes.
246
832.05(3)(a) 3rd Cashing or depositing item with
intent to defraud.
247
843.08 3rd False personation.
248
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.
249
893.147(2) 3rd Manufacture or delivery of drug
paraphernalia.
250
Section 6. For the purpose of incorporating the amendment 251
made by this act to section 790.174, Florida Statutes, in a 252
reference thereto, paragraph (g) of subsection (5) of section 253
409.175, Florida Statutes, is reenacted to read: 254
409.175 Licensure of family foster homes, residential 255
child-caring agencies, and child -placing agencies; public 256
records exemption.— 257
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(5) The department shall adopt and amend rules for the 258
levels of licensed care associate d with the licensure of family 259
foster homes, residential child -caring agencies, and child -260
placing agencies. The rules may include criteria to approve 261
waivers to licensing requirements when applying for a child -262
specific license. 263
(g) The department's rules shall include adoption of a 264
form to be used by child -placing agencies during an adoption 265
home study that requires all prospective adoptive applicants to 266
acknowledge in writing the receipt of a document containing 267
solely and exclusively the language provid ed for in s. 790.174 268
verbatim. 269
Section 7. This act shall take effect October 1, 2022. 270