S 180

Florida Senate - 2026  SB 180
By Senator Polsky
30-00507-26  2026180__
1A bill to be entitled
2An act relating to the sale, transfer, and storage of
3firearms; amending s. 784.05, F.S.; revising the
4standard by which adults and minors are considered
5criminally negligent in the storage of a firearm under
6specified circumstances; providing criminal penalties;
7revising the definition of the term “minor”;
8conforming provisions to changes made by the act;
9amending s. 790.115, F.S.; revising an exception to
10the prohibition on storing or leaving a loaded firearm
11within the reach or easy access of a minor who obtains
12it and commits a specified violation; conforming a
13provision to changes made by the act; amending s.
14790.174, F.S.; revising the definition of the term
15“minor”; revising requirements for the safe storage of
16loaded firearms; providing criminal penalties if a
17person is found to have failed to properly secure or
18store a firearm, resulting in a minor gaining access
19to the weapon; amending s. 790.175, F.S.; conforming
20provisions to changes made by the act; requiring the
21seller or transferor of a firearm to comply with
22specified provisions; providing an exception;
23authorizing a firearm dealer to charge a certain fee;
24providing immunity for certain providers of
25information; providing criminal penalties; making
26technical changes; amending s. 921.0022, F.S.;
27conforming a cross-reference and a provision to
28changes made by the act; reenacting s. 409.175(5)(g),
29F.S., relating to rules of the Department of Children
30and Families requiring the adoption of a form used by
31child-placing agencies, to incorporate the amendment
32made to s. 790.174, F.S., in a reference thereto;
33providing an effective date.
34
35Be It Enacted by the Legislature of the State of Florida:
36
37Section 1. Section 784.05, Florida Statutes, is amended to
38read:
39784.05 Culpable negligence.—
40(1) Whoever, through culpable negligence, exposes another
41person to personal injury commits a misdemeanor of the second
42degree, punishable as provided in s. 775.082 or s. 775.083.
43(2) Whoever, through culpable negligence, inflicts actual
44personal injury on another commits a misdemeanor of the first
45degree, punishable as provided in s. 775.082 or s. 775.083.
46(3)(a) Except as provided in paragraph (b):
471. An adult who stores or leaves Whoever violates
48subsection (1) by storing or leaving a loaded firearm within the
49reach or easy access of a minor commits, if the minor obtains
50the firearm and uses it to inflict injury or death upon himself
51or herself or any other person, commits a felony of the third
52degree, punishable as provided in s. 775.082, s. 775.083, or s.
53775.084.
542. A minor who violates subsection (1) by storing or
55leaving a loaded firearm within the reach or easy access of
56another minor, if the other minor obtains the firearm and uses
57it to inflict injury or death upon himself or herself or any
58other person, commits a misdemeanor of the second degree,
59punishable as provided in s. 775.082 or s. 775.083.
60(b) However, This subsection does not apply:
611.(a) If the firearm was stored or left in a securely
62locked box or container or in a secure location which a
63reasonable person would have believed to be secure, or was
64securely locked with a firearm locking mechanism trigger lock;
652.(b) If the minor obtains the firearm as a result of an
66unlawful entry by any person;
673.(c) To injuries resulting from target or sport shooting
68accidents or hunting accidents; or
694.(d) To members of the United States Armed Forces,
70National Guard, or State Militia, or to police or other law
71enforcement officers, with respect to firearm possession by a
72minor which occurs during or incidental to the performance of
73their official duties.
74
75When any minor child is accidentally shot by another family
76member, an arrest may not no arrest shall be made pursuant to
77this subsection before prior to 7 days after the date of the
78shooting. With respect to any parent or guardian of any deceased
79minor, the investigating officers shall file all findings and
80evidence with the state attorney’s office with respect to
81violations of this subsection. The state attorney shall evaluate
82such evidence and shall take such action as he or she deems
83appropriate under the circumstances, and may file an information
84against the appropriate parties.
85(4) As used in this section act, the term “minor” means a
86any person younger than 18 years of age under the age of 16.
87Section 2. Paragraph (c) of subsection (2) of section
88790.115, Florida Statutes, is amended to read:
89790.115 Possessing or discharging weapons or firearms at a
90school-sponsored event or on school property prohibited;
91penalties; exceptions.—
92(2)
93(c)1. Except as provided in paragraph (e), a person who
94willfully and knowingly possesses any firearm in violation of
95this subsection commits a felony of the third degree, punishable
96as provided in s. 775.082, s. 775.083, or s. 775.084.
972. A person who stores or leaves a loaded firearm within
98the reach or easy access of a minor who obtains the firearm and
99commits a violation of subparagraph 1. commits a misdemeanor of
100the second degree, punishable as provided in s. 775.082 or s.
101775.083; except that this does not apply if the firearm was
102stored or left in a securely locked box or container or in a
103secure location which a reasonable person would have believed to
104be secure, or was securely locked with a firearm-mounted push
105button combination lock or a firearm locking mechanism trigger
106lock; if the minor obtains the firearm as a result of an
107unlawful entry by any person; or to members of the United States
108Armed Forces, National Guard, or State Militia, or to police or
109other law enforcement officers, with respect to firearm
110possession by a minor which occurs during or incidental to the
111performance of their official duties.
112Section 3. Section 790.174, Florida Statutes, is amended to
113read:
114790.174 Safe storage of firearms required.—
115(1) As used in this section, the term “minor” means a
116person younger than 18 years of age.
117(2) A person who stores or leaves, on a premise under his
118or her control, a loaded firearm, as defined in s. 790.001, and
119who knows or reasonably should know that a minor is likely to
120gain access to the firearm without the lawful permission of the
121minor’s parent or guardian or the person having charge of the
122minor, or without the supervision required by law, shall keep
123the firearm in a securely locked box or container or in a
124location which a reasonable person would believe to be secure or
125shall secure it with a firearm locking mechanism trigger lock,
126except when the person is carrying the firearm on his or her
127body or within such close proximity thereto that he or she can
128retrieve and use it as easily and quickly as if he or she
129carried it on his or her body.
130(3)(2) It is a misdemeanor of the second degree, punishable
131as provided in s. 775.082 or s. 775.083, if a person violates
132subsection (2) (1) by failing to store or leave a firearm in the
133required manner and as a result thereof a minor gains access to
134the firearm, without the lawful permission of the minor’s parent
135or guardian or the person having charge of the minor, and
136possesses or exhibits it, without the supervision required by
137law:
138(a) In a public place; or
139(b) In a rude, careless, angry, or threatening manner in
140violation of s. 790.10;
141(c) During the commission of any violation of law; or
142(d) When great bodily harm or injury occurs, unless the
143bodily harm or injury is a result of the firearm being used for
144lawful self-defense or defense of another person.
145
146This subsection does not apply if the minor obtains the firearm
147as a result of an unlawful entry by any person.
148(3) As used in this act, the term “minor” means any person
149under the age of 16.
150Section 4. Section 790.175, Florida Statutes, is amended to
151read:
152790.175 Transfer or sale of firearms; required warnings and
153information; penalties.—
154(1) Upon the retail commercial sale or retail transfer of
155any firearm, the seller or transferor shall deliver a written
156warning to the purchaser or transferee, which warning states, in
157block letters not less than 1/4 inch in height:
158
159“IT IS UNLAWFUL, AND PUNISHABLE BY IMPRISONMENT AND
160FINE, FOR ANY ADULT TO STORE OR LEAVE A FIREARM IN AN
161UNSAFE MANNER IN ANY PLACE WITHIN THE REACH OR EASY
162ACCESS OF A MINOR UNDER 18 YEARS OF AGE OR TO
163KNOWINGLY SELL OR OTHERWISE TRANSFER OWNERSHIP OR
164POSSESSION OF A FIREARM TO A MINOR OR A PERSON OF
165UNSOUND MIND.”
166
167(2) Any retail or wholesale store, shop, or sales outlet
168which sells firearms must conspicuously post at each purchase
169counter the following warning in block letters not less than 1
170inch in height:
171
172“IT IS UNLAWFUL TO STORE OR LEAVE A FIREARM IN AN
173UNSAFE MANNER IN ANY PLACE WITHIN THE REACH OR EASY
174ACCESS OF A MINOR UNDER 18 YEARS OF AGE OR TO
175KNOWINGLY SELL OR OTHERWISE TRANSFER OWNERSHIP OR
176POSSESSION OF A FIREARM TO A MINOR OR A PERSON OF
177UNSOUND MIND.”
178
179(3)(a) At the time of the retail commercial sale or the
180retail transfer of any firearm, the seller or transferor shall
181comply with all of the following:
1821. Provide each purchaser or transferee with a brochure on
183basic firearm safety. The brochure must be produced by a
184national nonprofit membership organization that provides a
185comprehensive voluntary safety program, including the training
186of individuals on the safe handling and use of firearms, or by a
187comparable nonprofit organization, and must contain all of the
188following information relating to firearms:
189a. Rules for the safe handling, storage, and use of
190firearms.
191b. Nomenclature and descriptions of various types of
192firearms.
193c. Responsibilities of firearm ownership.
194d. The following information developed by the Department of
195Law Enforcement:
196(I) A list of locations where handguns are prohibited; and
197(II) Information concerning the use of handguns for self
198defense.
1992. Offer the purchaser a demonstration of how to use a
200firearm locking mechanism.
2013. Post in a conspicuous place information relating to the
202availability of known local voluntary firearm safety programs.
203(b) The brochure required under paragraph (a) does not need
204to be provided by the firearm dealer if the firearm manufacturer
205provides with the firearm a brochure on basic firearm safety.
206(c) The firearm dealer may charge a fee for the brochure
207which may not exceed the dealer’s cost in obtaining the
208brochure.
209(d) Organizations that produce brochures on basic firearm
210safety for distribution to firearm dealers for subsequent
211distribution to purchasers of firearms under this section and
212firearm dealers are not liable for injuries resulting from the
213accidental discharge of nondefective firearms purchased from any
214firearm dealer.
215(4) Any person or business that knowingly violates
216subsection (1) or subsection (2) or that violates subsection (3)
217violating a requirement to provide warning under this section
218commits a misdemeanor of the second degree, punishable as
219provided in s. 775.082 or s. 775.083.
220Section 5. Paragraph (b) of subsection (3) of section
221921.0022, Florida Statutes, is amended to read:
222921.0022 Criminal Punishment Code; offense severity ranking
223chart.—
224(3) OFFENSE SEVERITY RANKING CHART
225(b) LEVEL 2
226
227FloridaStatute  FelonyDegree        Description
228365.172 (14)(b)1.  3rd     Misuse of emergency communications system causing great bodily harm, permanent disfigurement, or permanent disability.
229379.2431 (1)(e)3.  3rd     Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
230379.2431 (1)(e)4.  3rd     Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
231403.413(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.
232517.07(2)  3rd     Failure to furnish a prospectus meeting requirements.
233590.28(1)  3rd     Intentional burning of lands.
234784.03(3)  3rd     Battery during a riot or an aggravated riot.
235784.05(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.
236787.04(1)  3rd     In violation of court order, take, entice, etc., minor beyond state limits.
237806.13(1)(b)3.  3rd     Criminal mischief; damage $1,000 or more to public communication or any other public service.
238806.13(3)  3rd     Criminal mischief; damage of $200 or more to a memorial or historic property.
239810.061(2)  3rd     Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
240810.09(2)(d)  3rd     Trespassing on posted commercial horticulture property.
241812.014(2)(c)1.  3rd     Grand theft, 3rd degree; $750 or more but less than $5,000.
242812.014(2)(d)1.  3rd     Grand theft, 3rd degree; $40 or more but less than $750, taken from dwelling or its unenclosed curtilage.
243812.014(2)(e)2.  3rd     Petit theft, 1st degree; less than $40 taken from dwelling or its unenclosed curtilage with one prior theft conviction.
244812.015(7)  3rd     Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
245817.234(1)(a)2.  3rd     False statement in support of insurance claim.
246817.481(3)(a)  3rd     Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
247817.52(3)  3rd     Failure to redeliver hired vehicle.
248817.54  3rd     With intent to defraud, obtain mortgage note, etc., by false representation.
249817.60(5)  3rd     Dealing in credit cards of another.
250817.60(6)(a)  3rd     Forgery; purchase goods, services with false card.
251817.61  3rd     Fraudulent use of credit cards over $100 or more within 6 months.
252826.04  3rd     Knowingly marries or has sexual intercourse with person to whom related.
253831.01  3rd     Forgery.
254831.02  3rd     Uttering forged instrument; utters or publishes alteration with intent to defraud.
255831.07  3rd     Forging bank bills, checks, drafts, or promissory notes.
256831.08  3rd     Possessing 10 or more forged notes, bills, checks, or drafts.
257831.09  3rd     Uttering forged notes, bills, checks, drafts, or promissory notes.
258831.11  3rd     Bringing into the state forged bank bills, checks, drafts, or notes.
259832.05(3)(a)  3rd     Cashing or depositing item with intent to defraud.
260836.13(3)  3rd     Soliciting an altered sexual depiction of an identifiable person without consent.
261843.01(2)  3rd     Resist police canine or police horse with violence; under certain circumstances.
262843.08  3rd     False personation.
263843.19(3)  3rd     Touch or strike police, fire, SAR canine or police horse.
264893.13(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.
265893.147(2)  3rd     Manufacture or delivery of drug paraphernalia.
266Section 6. For the purpose of incorporating the amendment
267made by this act to section 790.174, Florida Statutes, in a
268reference thereto, paragraph (g) of subsection (5) of section
269409.175, Florida Statutes, is reenacted to read:
270409.175 Licensure of family foster homes, residential
271child-caring agencies, and child-placing agencies; public
272records exemption.—
273(5) The department shall adopt and amend rules for the
274levels of licensed care associated with the licensure of family
275foster homes, residential child-caring agencies, and child
276placing agencies. The rules may include criteria to approve
277waivers to licensing requirements when applying for a child
278specific license.
279(g) The department’s rules shall include adoption of a form
280to be used by child-placing agencies during an adoption home
281study that requires all prospective adoptive applicants to
282acknowledge in writing the receipt of a document containing
283solely and exclusively the language provided for in s. 790.174
284verbatim.
285Section 7. This act shall take effect October 1, 2026.