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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 by which adults and minors may be considered 4
criminally negligent in the storage of a firearm under 5
specified circumstances; providing criminal p enalties; 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 an d commits 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 is found to have failed to 16
properly secure or store a firearm resulting in a 17
minor gaining access to the weapon; amending s. 18
790.175, F.S.; conforming provisions to changes made 19
by the act; requiring the seller or transferor of a 20
firearm to provide each purchaser or t ransferee with 21
specified information; providing an exception; 22
providing immunity for certain providers of 23
information; providing criminal penalties; amending s. 24
921.0022, F.S.; conforming a cross -reference and a 25
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provision to changes made by the act; reenac ting s. 26
409.175(5)(g), F.S., relating to rules of the 27
Department of Children and Families requiring the 28
adoption of a form used by child -placing agencies, to 29
incorporate the amendment made to s. 790.174, F.S., in 30
a reference thereto; providing an effective date. 31
32
Be It Enacted by the Legislature of the State of Florida: 33
34
Section 1. Section 784.05, Florida Statutes, is amended to 35
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
(2) Whoever, through culpable negligence, inflicts actual 41
personal injury on another commits a misdemeanor of the first 42
degree, punishable as provided in s. 775.082 or s. 775.083. 43
(3)(a) Except as provided in paragraph (b): 44
1. An adult who stores or leaves Whoever violates 45
subsection (1) by storing or leaving a loaded firearm within the 46
reach or easy access of a minor commits, if the minor obtains 47
the firearm and uses it to inflict injury or death upon himself 48
or herself or any other person, commits a felony of the third 49
degree, punishable as provided in s. 775.082, s. 775.083, or s. 50
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775.084. 51
2. A minor who violates subsection (1) by storing or 52
leaving a loaded firearm within the reach or easy access of 53
another minor, if the other minor obtains the firearm and uses 54
it to inflict injury or death upon himself or herself or any 55
other person, commits a misdemeanor of the second degree, 56
punishable as provided i n s. 775.082 or s. 775.083. 57
(b) However, This subsection does not apply: 58
1.(a) If the firearm was stored or left in a securely 59
locked box or container or in a secure location which a 60
reasonable person would have believed to be secure , or was 61
securely locked with a firearm locking mechanism trigger lock; 62
2.(b) If the minor obtains the firearm as a result of an 63
unlawful entry by any person; 64
3.(c) To injuries resulting from target or sport shooting 65
accidents or hunting accidents; or 66
4.(d) To members of the Armed Forces, National Guard, or 67
State Militia, or to police or other law enforcement officers, 68
with respect to firearm possession by a minor which occurs 69
during or incidental to the performance of their official 70
duties. 71
72
When any minor child is accidentally shot by another family 73
member, no arrest shall be made pursuant to this subsection 74
prior to 7 days after the date of the shooting. With respect to 75
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any parent or guardian of any deceased minor, the investigating 76
officers shall file all findings and evidence with the state 77
attorney's office with respect to violations of this subsection. 78
The state attorney shall evaluate such evidence and shall take 79
such action as he or she deems appropriate under the 80
circumstances and may file an information against the 81
appropriate parties. 82
(4) As used in this section act, the term "minor" means a 83
any person younger than 18 years of age under the age of 16. 84
Section 2. Paragraph (c) of subsection (2) of section 85
790.115, Florida Statute s, is amended to read: 86
790.115 Possessing or discharging weapons or firearms at a 87
school-sponsored event or on school property prohibited; 88
penalties; exceptions. — 89
(2) 90
(c)1. A person who willfully and knowingly possesses any 91
firearm in violation of thi s subsection commits a felony of the 92
third degree, punishable as provided in s. 775.082, s. 775.083, 93
or s. 775.084. 94
2. A person who stores or leaves a loaded firearm within 95
the reach or easy access of a minor who obtains the firearm and 96
commits a violation of subparagraph 1. commits a misdemeanor of 97
the second degree, punishable as provided in s. 775.082 or s. 98
775.083; except that this does not apply if the firearm was 99
stored or left in a securely locked box or container or in a 100
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secure location which a reasonable person would have believed to 101
be secure, or was securely locked with a firearm -mounted push-102
button combination lock or a firearm locking mechanism trigger 103
lock; if the minor obtains the firearm as a result of an 104
unlawful entry by any person; or to members of the Armed Forces, 105
National Guard, or State Militia, or to police or other law 106
enforcement officers, with respect to firearm possession by a 107
minor which occurs during or incidental to the performance of 108
their official duties. 109
Section 3. Section 790.174, Florida Statutes, is amended 110
to read: 111
790.174 Safe storage of firearms required. — 112
(1) As used in this section, the term "minor" means a 113
person younger than 18 years of age. 114
(2) A person who stores or leaves, on a premise under his 115
or her control, a loaded firearm, as defined in s. 790.001, and 116
who knows or reasonably should know that a minor is likely to 117
gain access to the firearm without the lawful permission of the 118
minor's parent or guardian or the person having charge of the 119
minor, or without the supervision required by law, shall keep 120
the firearm in a securely locked box or container or in a 121
location which a reasonable person would believe to be secure or 122
shall secure it with a firearm locking mechanism trigger lock, 123
except when the person is carrying the firearm on his or her 124
body or within such close proximity thereto that he or she can 125
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retrieve and use it as easily and quickly as if he or she 126
carried it on his or her body. 127
(3)(2) It is a misdemeanor of the secon d degree, 128
punishable as provided in s. 775.082 or s. 775.083, if a person 129
violates subsection (2) (1) by failing to store or leave a 130
firearm in the required manner and as a result thereof a minor 131
gains access to the firearm, without the lawful permission o f 132
the minor's parent or guardian or the person having charge of 133
the minor, and possesses or exhibits it, without the supervision 134
required by law: 135
(a) In a public place; or 136
(b) In a rude, careless, angry, or threatening manner in 137
violation of s. 790.10 ; 138
(c) During the commission of any violation of law; or 139
(d) When great bodily harm or injury occurs, unless the 140
bodily harm or injury is a result of the firearm's use for 141
lawful self-defense or defense of another person . 142
143
This subsection does not apply if the minor obtains the firearm 144
as a result of an unlawful entry by any person. 145
(3) As used in this act, the term "minor" means any person 146
under the age of 16. 147
Section 4. Section 790.175, Florida Statutes, is amended 148
to read: 149
790.175 Transfer or s ale of firearms; required warnings 150
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and information; penalties.— 151
(1) Upon the retail commercial sale or retail transfer of 152
any firearm, the seller or transferor shall deliver a written 153
warning to the purchaser or transferee, which warning states, in 154
block letters not less than 1/4 inch in height: 155
156
"IT IS UNLAWFUL, AND PUNISHABLE BY IMPRISONMENT AND FINE, FOR 157
ANY ADULT TO STORE OR LEAVE A FIREARM IN AN UNSAFE MANNER IN ANY 158
PLACE WITHIN THE REACH OR EASY ACCESS OF A MINOR UNDER 18 YEARS 159
OF AGE OR TO KNOWINGL Y SELL OR OTHERWISE TRANSFER OWNERSHIP OR 160
POSSESSION OF A FIREARM TO A MINOR OR A PERSON OF UNSOUND MIND." 161
162
(2) Any retail or wholesale store, shop, or sales outlet 163
which sells firearms must conspicuously post at each purchase 164
counter the following warni ng in block letters not less than 1 165
inch in height: 166
167
"IT IS UNLAWFUL TO STORE OR LEAVE A FIREARM IN AN UNSAFE MANNER 168
IN ANY PLACE WITHIN THE REACH OR EASY ACCESS OF A MINOR UNDER 18 169
YEARS OF AGE OR TO KNOWINGLY SELL OR OTHERWISE TRANSFER 170
OWNERSHIP OR POSSESSION OF A FIREARM TO A MINOR OR A PERSON OF 171
UNSOUND MIND." 172
173
(3)(a) At the time of the retail commercial sale or the 174
retail transfer of any firearm, the seller or transferor shall 175
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comply with all of the following: 176
1. Provide each purchaser or transferee with a basic 177
firearm safety brochure. Such brochure must be produced by a 178
national nonprofit membership organization that provides a 179
comprehensive voluntary safety program, including the training 180
of individuals in the safe handling and use of fi rearms, or by 181
another comparable nonprofit organization, and must contain all 182
of the following information relating to firearms: 183
a. Rules for the safe handling, storage, and use of 184
firearms; 185
b. Nomenclature and descriptions of various types of 186
firearms; 187
c. Responsibilities of firearm ownership; and 188
d. The following information developed by the Department 189
of Law Enforcement: 190
(I) A list of locations at which handguns are prohibited; 191
and 192
(II) Information concerning the use of handguns for self -193
defense; 194
2. Offer to demonstrate to the purchaser the use of a 195
firearm locking mechanism; and 196
3. Post in a conspicuous place information relating to the 197
availability of known local voluntary firearm safety programs. 198
(b) The brochure required to be provid ed under paragraph 199
(a) need not be supplied by the firearm dealer if the firearm 200
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manufacturer provides a basic firearm safety brochure with the 201
firearm. 202
(c) The dealer may collect a charge for the brochure which 203
may not exceed the dealer's cost in obtain ing the brochure. 204
(d) Organizations that produce basic firearm safety 205
brochures for distribution to firearm dealers for subsequent 206
distribution to purchasers of firearms under this section and 207
firearm dealers are not liable for injuries resulting from th e 208
accidental discharge of nondefective firearms purchased from any 209
dealer. 210
(4) Any person or business that knowingly violates 211
subsection (1) or subsection (2) or that violates subsection (3) 212
violating a requirement to provide warning under this section 213
commits a misdemeanor of the second degree, punishable as 214
provided in s. 775.082 or s. 775.083. 215
Section 5. Paragraph (b) of subsection (3) of section 216
921.0022, Florida Statutes, is amended to read: 217
921.0022 Criminal Punishment Code; offense severity 218
ranking chart.— 219
(3) OFFENSE SEVERITY RANKING CHART 220
(b) LEVEL 2 221
222
Florida
Statute
Felony
Degree
Description
223
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379.2431
(1)(e)3.
3rd Possession of 11 or fewer marine
turtle eggs in violation of the
Marine Turtle Protection Act.
224
379.2431
(1)(e)4.
3rd Possession of more than 11
marine turtle eggs in violation
of the Marine Turtle Protection
Act.
225
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.
226
517.07(2) 3rd Failure to furnish a prospectus
meeting requirements.
227
590.28(1) 3rd Intentional burning of lands.
228
784.03(3) 3rd Battery during a riot or an
aggravated riot.
229
784.05(3)(a)1.
784.05(3)
3rd Adult storing or leaving a
loaded firearm within reach of
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minor who uses it to inflict
injury or death.
230
787.04(1) 3rd In violation of court order,
take, entice, etc., minor beyond
state limits.
231
806.13(1)(b)3. 3rd Criminal mischief; damage $1,000
or more to public communication
or any other public service.
232
806.13(3) 3rd Criminal mischief; damage of
$200 or more to a memorial or
historic property.
233
810.061(2) 3rd Impairing or impeding telephone
or power to a dwelling;
facilitating or furthering
burglary.
234
810.09(2)(e) 3rd Trespassing on posted commercial
horticulture property.
235
812.014(2)(c)1. 3rd Grand theft, 3rd degree; $750 or
more but less than $5,000.
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236
812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or
more but less than $750, taken
from unenclosed curtilage of
dwelling.
237
812.015(7) 3rd Possession, use, or attempted
use of an antishoplifting or
inventory control device
countermeasure.
238
817.234(1)(a)2. 3rd False statement in support of
insurance claim.
239
817.481(3)(a) 3rd Obtain credit or purchase with
false, expired, counterfeit,
etc., credit card, value over
$300.
240
817.52(3) 3rd Failure to redeliver hired
vehicle.
241
817.54 3rd With intent to defraud, obtain
mortgage note, etc., by false
representation.
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242
817.60(5) 3rd Dealing in credit cards of
another.
243
817.60(6)(a) 3rd Forgery; purchase goods,
services with false card.
244
817.61 3rd Fraudulent use of credit cards
over $100 or more within 6
months.
245
826.04 3rd Knowingly marries or has sexual
intercourse with person to whom
related.
246
831.01 3rd Forgery.
247
831.02 3rd Uttering forged instrument;
utters or publishes alteration
with intent to defraud.
248
831.07 3rd Forging bank bills, checks,
drafts, or promissory notes.
249
831.08 3rd Possessing 10 or more forged
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notes, bills, checks, or drafts.
250
831.09 3rd Uttering forged notes, bills,
checks, drafts, or promissory
notes.
251
831.11 3rd Bringing into the state forged
bank bills, checks, drafts, or
notes.
252
832.05(3)(a) 3rd Cashing or depositing item with
intent to defraud.
253
843.08 3rd False personation.
254
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.
255
893.147(2) 3rd Manufacture or delivery of drug
paraphernalia.
256
Section 6. For the purpose of incorporating the amendment 257
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made by this act to section 790.174, Florida Statutes, in a 258
reference thereto, paragraph (g) of subsection (5) of section 259
409.175, Florida Statutes, is reenacted to read: 260
409.175 Licensure of f amily foster homes, residential 261
child-caring agencies, and child -placing agencies; public 262
records exemption.— 263
(5) The department shall adopt and amend rules for the 264
levels of licensed care associated with the licensure of family 265
foster homes, residential child-caring agencies, and child -266
placing agencies. The rules may include criteria to approve 267
waivers to licensing requirements when applying for a child -268
specific license. 269
(g) The department's rules shall include adoption of a 270
form to be used by child-placing agencies during an adoption 271
home study that requires all prospective adoptive applicants to 272
acknowledge in writing the receipt of a document containing 273
solely and exclusively the language provided for in s. 790.174 274
verbatim. 275
Section 7. This act shall take effect October 1, 2023. 276