Florida Senate - 2015 SB 822
By Senator Smith
31-01077-15 2015822__
1 A bill to be entitled
2 An act relating to carrying a concealed weapon or a
3 concealed firearm; creating s. 776.001, F.S.;
4 providing legislative intent regarding the justifiable
5 use of force; amending s. 776.041, F.S.; clarifying
6 what constitutes provocation in the determination of
7 applicability of the justified use of force provision;
8 amending s. 790.01, F.S.; providing an exemption from
9 criminal penalties for a person carrying a concealed
10 weapon or a concealed firearm when evacuating pursuant
11 to a mandatory evacuation order during a declared
12 state of emergency; reenacting s. 790.02, 790.06(1),
13 790.25(5), and 921.0022(3)(e), F.S., to incorporate
14 the amendment made to s. 790.01, F.S., in references
15 thereto; providing an effective date.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. Section 776.001, Florida Statutes, is created to
20 read:
21 776.001 Justifiable use of force; legislative intent.—The
22 use of force authorized by this chapter is not intended to
23 encourage vigilantism or acts of revenge, authorize the
24 initiation of a confrontation as a pretext to responding with
25 deadly force, or negate a duty to retreat for persons engaged in
26 unlawful mutual combat.
27 Section 2. Subsection (2) of section 776.041, Florida
28 Statutes, is amended to read:
29 776.041 Use or threatened use of force by aggressor.—The
30 justification described in the preceding sections of this
31 chapter is not available to a person who:
32 (2) Initially provokes the use or threatened use of force
33 against himself or herself, unless:
34 (a) Such force or threat of force is so great that the
35 person reasonably believes that he or she is in imminent danger
36 of death or great bodily harm and that he or she has exhausted
37 every reasonable means to escape such danger other than the use
38 or threatened use of force which is likely to cause death or
39 great bodily harm to the assailant; or
40 (b) In good faith, the person withdraws from physical
41 contact with the assailant and indicates clearly to the
42 assailant that he or she desires to withdraw and terminate the
43 use or threatened use of force, but the assailant continues or
44 resumes the use or threatened use of force.
45
46 For purposes of this subsection, provocation must include the
47 use of force or threat of force.
48 Section 3. Section 790.01, Florida Statutes, is amended to
49 read:
50 790.01 Unlicensed carrying of concealed weapons or
51 concealed firearms.—
52 (1) Except as provided in subsection (3) (4), a person who
53 is not licensed under s. 790.06 and who carries a concealed
54 weapon or electric weapon or device on or about his or her
55 person commits a misdemeanor of the first degree, punishable as
56 provided in s. 775.082 or s. 775.083.
57 (2) Except as provided in subsection (3), a person who is
58 not licensed under s. 790.06 and who carries a concealed firearm
59 on or about his or her person commits a felony of the third
60 degree, punishable as provided in s. 775.082, s. 775.083, or s.
61 775.084.
62 (3) This section does not apply to:
63 (a) A person who carries a concealed weapon, or a person
64 who may lawfully possess a firearm and who carries a concealed
65 firearm, on or about his or her person while in the act of
66 evacuating during a mandatory evacuation order issued during a
67 state of emergency declared by the Governor pursuant to chapter
68 252 or declared by a local authority pursuant to chapter 870 a
69 person licensed to carry a concealed weapon or a concealed
70 firearm pursuant to the provisions of s. 790.06.
71 (b)(4) It is not a violation of this section for A person
72 who carries to carry for purposes of lawful self-defense, in a
73 concealed manner:
74 1.(a) A self-defense chemical spray.
75 2.(b) A nonlethal stun gun or dart-firing stun gun or other
76 nonlethal electric weapon or device that is designed solely for
77 defensive purposes.
78 (4)(5) This section does not preclude any prosecution for
79 the use of an electric weapon or device, a dart-firing stun gun,
80 or a self-defense chemical spray during the commission of any
81 criminal offense under s. 790.07, s. 790.10, s. 790.23, or s.
82 790.235, or for any other criminal offense.
83 Section 4. For the purpose of incorporating the amendment
84 made by this act to section 790.01, Florida Statutes, in a
85 reference thereto, section 790.02, Florida Statutes, is
86 reenacted to read:
87 790.02 Officer to arrest without warrant and upon probable
88 cause.—The carrying of a concealed weapon is declared a breach
89 of peace, and any officer authorized to make arrests under the
90 laws of this state may make arrests without warrant of persons
91 violating the provisions of s. 790.01 when said officer has
92 reasonable grounds or probable cause to believe that the offense
93 of carrying a concealed weapon is being committed.
94 Section 5. For the purpose of incorporating the amendment
95 made by this act to section 790.01, Florida Statutes, in a
96 reference thereto, subsection (1) of section 790.06, Florida
97 Statutes, is reenacted to read:
98 790.06 License to carry concealed weapon or firearm.—
99 (1) The Department of Agriculture and Consumer Services is
100 authorized to issue licenses to carry concealed weapons or
101 concealed firearms to persons qualified as provided in this
102 section. Each such license must bear a color photograph of the
103 licensee. For the purposes of this section, concealed weapons or
104 concealed firearms are defined as a handgun, electronic weapon
105 or device, tear gas gun, knife, or billie, but the term does not
106 include a machine gun as defined in s. 790.001(9). Such licenses
107 shall be valid throughout the state for a period of 7 years from
108 the date of issuance. Any person in compliance with the terms of
109 such license may carry a concealed weapon or concealed firearm
110 notwithstanding the provisions of s. 790.01. The licensee must
111 carry the license, together with valid identification, at all
112 times in which the licensee is in actual possession of a
113 concealed weapon or firearm and must display both the license
114 and proper identification upon demand by a law enforcement
115 officer. Violations of the provisions of this subsection shall
116 constitute a noncriminal violation with a penalty of $25,
117 payable to the clerk of the court.
118 Section 6. For the purpose of incorporating the amendment
119 made by this act to section 790.01, Florida Statutes, in a
120 reference thereto, subsection (5) of section 790.25, Florida
121 Statutes, is reenacted to read:
122 790.25 Lawful ownership, possession, and use of firearms
123 and other weapons.—
124 (5) POSSESSION IN PRIVATE CONVEYANCE.—Notwithstanding
125 subsection (2), it is lawful and is not a violation of s. 790.01
126 for a person 18 years of age or older to possess a concealed
127 firearm or other weapon for self-defense or other lawful purpose
128 within the interior of a private conveyance, without a license,
129 if the firearm or other weapon is securely encased or is
130 otherwise not readily accessible for immediate use. Nothing
131 herein contained prohibits the carrying of a legal firearm other
132 than a handgun anywhere in a private conveyance when such
133 firearm is being carried for a lawful use. Nothing herein
134 contained shall be construed to authorize the carrying of a
135 concealed firearm or other weapon on the person. This subsection
136 shall be liberally construed in favor of the lawful use,
137 ownership, and possession of firearms and other weapons,
138 including lawful self-defense as provided in s. 776.012.
139 Section 7. For the purpose of incorporating the amendment
140 made by this act to section 790.01, Florida Statutes, in a
141 reference thereto, paragraph (e) of subsection (3) of section
142 921.0022, Florida Statutes, is reenacted to read:
143 921.0022 Criminal Punishment Code; offense severity ranking
144 chart.—
145 (3) OFFENSE SEVERITY RANKING CHART
146 (e) LEVEL 5
147
148 FloridaStatute FelonyDegree Description
149 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
150 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
151 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
152 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
153 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
154 379.3671 (2)(c)3. 3rd Willful molestation, possession, or removal of a commercial harvester’s trap contents or trap gear by another harvester.
155 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
156 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
157 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
158 440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
159 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
160 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
161 790.01(2) 3rd Carrying a concealed firearm.
162 790.162 2nd Threat to throw or discharge destructive device.
163 790.163(1) 2nd False report of deadly explosive or weapon of mass destruction.
164 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
165 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
166 796.05(1) 2nd Live on earnings of a prostitute; 1st offense.
167 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age.
168 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older.
169 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
170 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
171 812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
172 812.019(1) 2nd Stolen property; dealing in or trafficking in.
173 812.131(2)(b) 3rd Robbery by sudden snatching.
174 812.16(2) 3rd Owning, operating, or conducting a chop shop.
175 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
176 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
177 817.2341(1), (2)(a) & (3)(a) 3rd Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity.
178 817.568(2)(b) 2nd Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more individuals.
179 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder.
180 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
181 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
182 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
183 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
184 843.01 3rd Resist officer with violence to person; resist arrest with violence.
185 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
186 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
187 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
188 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
189 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang.
190 893.13(1)(a)1. 2nd Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
191 893.13(1)(c)2. 2nd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
192 893.13(1)(d)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of university.
193 893.13(1)(e)2. 2nd Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
194 893.13(1)(f)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of public housing facility.
195 893.13(4)(b) 2nd Deliver to minor cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
196 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
197 Section 8. This act shall take effect July 1, 2015.