Bill Text: FL S0294 | 2021 | Regular Session | Introduced
Bill Title: Safe Storage of Loaded Firearms
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2021-04-30 - Died in Judiciary [S0294 Detail]
Download: Florida-2021-S0294-Introduced.html
Florida Senate - 2021 SB 294 By Senator Farmer 34-00609A-21 2021294__ 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 or cable lock; deleting 7 conditions that pertain to the crime of failing to 8 safely store, leave, or secure a loaded firearm in a 9 specified manner; reenacting s. 409.175(5)(g), F.S., 10 relating to rules of the Department of Children and 11 Families requiring the adoption of a form used by 12 child-placing agencies, to incorporate the amendment 13 made to s. 790.174, F.S., in a reference thereto; 14 providing an 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 containeror in a location which a30reasonable person would believe to be secureor shall secure it 31 with a trigger lock or cable lock, except when the person is32carrying the firearm on his or her body or within such close33proximity thereto that he or she can retrieve and use it as34easily and quickly as if he or she carried it on his or her35body. 36 (3)(2)It isA person who violates subsection (2) commits a 37 misdemeanor of the second degree, punishable as provided in s. 38 775.082 or s. 775.083, if a person violates subsection (1) by39failing to store or leave a firearm in the required manner and40as a result thereof a minor gains access to the firearm, without41the lawful permission of the minor’s parent or the person having42charge of the minor, and possesses or exhibits it, without the43supervision required by law:44(a) In a public place; or45(b) In a rude, careless, angry, or threatening manner in46violation of s. 790.10. 47 48This subsection does not apply if the minor obtains the firearm49as a result of an unlawful entry by any person.50(3) As used in this act, the term “minor” means any person51under the age of 16.52 Section 2. For the purpose of incorporating the amendment 53 made by this act to section 790.174, Florida Statutes, in a 54 reference thereto, paragraph (g) of subsection (5) of section 55 409.175, Florida Statutes, is reenacted to read: 56 409.175 Licensure of family foster homes, residential 57 child-caring agencies, and child-placing agencies; public 58 records exemption.— 59 (5) The department shall adopt and amend rules for the 60 levels of licensed care associated with the licensure of family 61 foster homes, residential child-caring agencies, and child 62 placing agencies. The rules may include criteria to approve 63 waivers to licensing requirements when applying for a child 64 specific license. 65 (g) The department’s rules shall include adoption of a form 66 to be used by child-placing agencies during an adoption home 67 study that requires all prospective adoptive applicants to 68 acknowledge in writing the receipt of a document containing 69 solely and exclusively the language provided for in s. 790.174 70 verbatim. 71 Section 3. This act shall take effect July 1, 2021.