Florida Senate - 2023                          SENATOR AMENDMENT
       Bill No. CS for SB 150
       
       
       
       
       
       
                                Ì366612ÊÎ366612                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       Senator Stewart moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 960 and 961
    4  insert:
    5         Section 14. Section 790.174, Florida Statutes, is amended
    6  to read:
    7         790.174 Safe storage of firearms required.—
    8         (1) A person who stores or leaves, on a premise or in a
    9  conveyance under his or her control, a loaded firearm, as
   10  defined in s. 790.001, or an unloaded firearm within close
   11  proximity of ammunition, and who knows or reasonably should know
   12  that a minor is likely to gain access to the firearm without the
   13  lawful permission of the minor’s parent or the person having
   14  charge of the minor, or without the supervision required by law,
   15  shall keep the firearm in a securely locked box or container or
   16  in a location which a reasonable person would believe to be
   17  secure or shall secure it with a trigger lock, except when the
   18  person is carrying the firearm on his or her body or within such
   19  close proximity thereto that he or she can retrieve and use it
   20  as easily and quickly as if he or she carried it on his or her
   21  body.
   22         (2) It is a misdemeanor of the first second degree,
   23  punishable as provided in s. 775.082 or s. 775.083, if a person
   24  violates subsection (1) by failing to store or leave a firearm
   25  in the required manner and as a result thereof a minor gains
   26  access to the firearm, without the lawful permission of the
   27  minor’s parent or the person having charge of the minor, and
   28  possesses or exhibits it, without the supervision required by
   29  law:
   30         (a) In a public place; or
   31         (b) In a rude, careless, angry, or threatening manner in
   32  violation of s. 790.10.
   33  
   34  This subsection does not apply if the minor obtains the firearm
   35  as a result of an unlawful entry by any person.
   36         (3) It is a felony of the third degree, punishable as
   37  provided in s. 775.082, s. 775.083, or s. 775.084, if a person
   38  violates subsection (2) by failing to store or leave a firearm
   39  in the required manner and a minor gains access to the firearm
   40  without the lawful permission of the minor’s parent or the
   41  person having charge of the minor, and the minor:
   42         (a) Discharges such firearm, not in self-defense, and
   43  causes bodily harm to himself or herself or another person; or
   44         (b) Gives the firearm to another person who discharges the
   45  firearm, not in self-defense, and causes bodily harm to any
   46  person.
   47         (4)(a) A person who unsafely stores or leaves, in a
   48  conveyance, a firearm in such a manner that he or she knows or
   49  reasonably should know exposes the firearm to a heightened
   50  likelihood of theft commits a misdemeanor of the second degree,
   51  punishable as provided in s. 775.082 or s. 775.083.
   52         (b) There is a presumption of safe storage that does not
   53  expose the firearm to heightened likelihood of theft under the
   54  following circumstances:
   55         1. The firearm is stored in a lockbox or locked safe or has
   56  a trigger lock engaged.
   57         2. The firearm is stored in a locked conveyance, and, if
   58  the firearm is a handgun, the firearm is outside of the plain
   59  view of a person outside of the conveyance.
   60         3. The firearm is on the person or under the immediate
   61  control of the person lawfully allowed to possess the firearm.
   62         (5) As used in this section act, the term “minor” means any
   63  person under the age of 16.
   64  
   65  ================= T I T L E  A M E N D M E N T ================
   66  And the title is amended as follows:
   67         Between lines 57 and 58
   68  insert:
   69         790.174, F.S.; revising provisions related to the
   70         requirements for the safe storage of firearms;
   71         increasing the criminal penalties related to the safe
   72         storage provisions; providing criminal penalties for
   73         the failure to store or leave firearms in the required
   74         manner under specified circumstances; providing
   75         criminal penalties for the unsafe storing or leaving
   76         of a firearm in a conveyance under specified
   77         circumstances; providing for a presumption of safe
   78         storage under certain circumstances; amending s.