Florida Senate - 2016 SB 1140
By Senator Bullard
39-01507-16 20161140__
1 A bill to be entitled
2 An act relating to concealed weapon or firearm
3 licensees; amending s. 790.06, F.S.; requiring a
4 concealed weapon or firearm licensee to provide
5 certain information and display the license and proper
6 identification when approached by a first responder;
7 increasing the fine amount for a violation of such
8 requirement; specifying requirements for firearm
9 safety and training courses; requiring firearm course
10 instructors to maintain records attesting to the use
11 of live fire with specified firearms and ammunition by
12 students in his or her physical presence; requiring
13 that a license be suspended or revoked upon a second
14 or subsequent violation of such requirement; providing
15 an effective date.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. Subsection (1) and paragraph (h) of subsection
20 (2) of section 790.06, Florida Statutes, are amended, and
21 paragraph (i) is added to subsection (10) of that section, to
22 read:
23 790.06 License to carry concealed weapon or firearm.—
24 (1) The Department of Agriculture and Consumer Services is
25 authorized to issue licenses to carry concealed weapons or
26 concealed firearms to persons qualified as provided in this
27 section. Each such license must bear a color photograph of the
28 licensee. For the purposes of this section, the term “concealed
29 weapons or concealed firearms” means are defined as a handgun,
30 electronic weapon or device, tear gas gun, knife, or billie, but
31 the term does not include a machine gun as defined in s.
32 790.001(9). Such licenses shall be valid throughout the state
33 for a period of 7 years after from the date of issuance. A Any
34 person in compliance with the terms of such license may carry a
35 concealed weapon or concealed firearm notwithstanding the
36 provisions of s. 790.01. The licensee must carry the license,
37 together with valid identification, at all times in which the
38 licensee is in actual possession of a concealed weapon or
39 firearm. The licensee must state that he or she is in possession
40 of a concealed weapon or firearm and must display both the
41 license and proper identification when approached by or upon
42 demand by a first responder as defined in s. 112.1815 law
43 enforcement officer. A violation Violations of the provisions of
44 this subsection constitutes shall constitute a noncriminal
45 violation with a penalty of $1,000 $25, payable to the clerk of
46 the court.
47 (2) The Department of Agriculture and Consumer Services
48 shall issue a license if the applicant:
49 (h) Demonstrates competence with a firearm by any one of
50 the following:
51 1. Completion of any hunter education or hunter safety
52 course approved by the Fish and Wildlife Conservation Commission
53 or a similar agency of another state;
54 2. Completion of any National Rifle Association firearms
55 safety or training course;
56 3. Completion of any firearms safety or training course or
57 class available to the general public offered by a law
58 enforcement, junior college, college, or private or public
59 institution or organization or firearms training school,
60 utilizing instructors certified by the National Rifle
61 Association, Criminal Justice Standards and Training Commission,
62 or the Department of Agriculture and Consumer Services;
63 4. Completion of any law enforcement firearms safety or
64 training course or class offered for security guards,
65 investigators, special deputies, or any division or subdivision
66 of law enforcement or security enforcement;
67 5. Presents evidence of equivalent experience with a
68 firearm through participation in organized shooting competition
69 or military service;
70 6. Is licensed or has been licensed to carry a firearm in
71 this state or a county or municipality of this state, unless
72 such license has been revoked for cause; or
73 7. Completion of any firearms safety or training or safety
74 course or class conducted by a state-certified or National Rifle
75 Association certified firearms instructor;
76
77 Any course or class under this paragraph must include a minimum
78 of 6 hours of certified firearm training and 6 hours of gun
79 safety education. A photocopy of a certificate of completion of
80 any of the courses or classes; or an affidavit from the
81 instructor, school, club, organization, or group that conducted
82 or taught such said course or class attesting to the completion
83 of the course or class by the applicant; or a copy of any
84 document that which shows completion of the course or class or
85 evidences participation in firearms competition shall constitute
86 evidence of qualification under this paragraph. A; any person
87 who conducts a course or class pursuant to subparagraph 2.,
88 subparagraph 3., or subparagraph 7., or who, as an instructor,
89 attests to the completion of such course or class courses, must
90 maintain records certifying that he or she observed the student
91 safely handle and discharge the firearm in his or her physical
92 presence and that the discharge of the firearm included live
93 fire using a firearm and ammunition as defined in s. 790.001;
94 (10) A license issued under this section shall be suspended
95 or revoked pursuant to chapter 120 if the licensee:
96 (i) Commits a second or subsequent violation of subsection
97 (1).
98 Section 2. This act shall take effect July 1, 2016.