Florida Senate - 2017                                     SB 644
       
       
        
       By Senator Steube
       
       23-00723-17                                            2017644__
    1                        A bill to be entitled                      
    2         An act relating to openly carrying a handgun; amending
    3         s. 790.06, F.S.; authorizing a concealed weapons or
    4         firearms licensee to openly carry a handgun;
    5         reenacting s. 790.053(1), F.S., relating to the open
    6         carrying of weapons, to incorporate the amendment made
    7         to s. 790.06, F.S., in a reference thereto; providing
    8         an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Section 790.06, Florida Statutes, is amended to
   13  read:
   14         790.06 License to carry concealed weapon or firearm; open
   15  carrying of handgun.—
   16         (1) The Department of Agriculture and Consumer Services is
   17  authorized to issue licenses to carry concealed weapons or
   18  concealed firearms to persons qualified as provided in this
   19  section. Each such license must bear a color photograph of the
   20  licensee. For the purposes of this section, concealed weapons or
   21  concealed firearms are defined as a handgun, electronic weapon
   22  or device, tear gas gun, knife, or billie, but the term does not
   23  include a machine gun as defined in s. 790.001(9). Such licenses
   24  shall be valid throughout the state for a period of 7 years from
   25  the date of issuance. Any person in compliance with the terms of
   26  such license may carry a concealed weapon or concealed firearm
   27  notwithstanding the provisions of s. 790.01 or may openly carry
   28  a handgun notwithstanding s. 790.053. The licensee must carry
   29  the license, together with valid identification, at all times in
   30  which the licensee is in actual possession of a concealed weapon
   31  or firearm or is openly carrying a handgun and must display both
   32  the license and proper identification upon demand by a law
   33  enforcement officer. Violations of the provisions of this
   34  subsection shall constitute a noncriminal violation with a
   35  penalty of $25, payable to the clerk of the court.
   36         (2) The Department of Agriculture and Consumer Services
   37  shall issue a license if the applicant:
   38         (a) Is a resident of the United States and a citizen of the
   39  United States or a permanent resident alien of the United
   40  States, as determined by the United States Bureau of Citizenship
   41  and Immigration Services, or is a consular security official of
   42  a foreign government that maintains diplomatic relations and
   43  treaties of commerce, friendship, and navigation with the United
   44  States and is certified as such by the foreign government and by
   45  the appropriate embassy in this country;
   46         (b) Is 21 years of age or older;
   47         (c) Does not suffer from a physical infirmity which
   48  prevents the safe handling of a weapon or firearm;
   49         (d) Is not ineligible to possess a firearm pursuant to s.
   50  790.23 by virtue of having been convicted of a felony;
   51         (e) Has not been committed for the abuse of a controlled
   52  substance or been found guilty of a crime under the provisions
   53  of chapter 893 or similar laws of any other state relating to
   54  controlled substances within a 3-year period immediately
   55  preceding the date on which the application is submitted;
   56         (f) Does not chronically and habitually use alcoholic
   57  beverages or other substances to the extent that his or her
   58  normal faculties are impaired. It shall be presumed that an
   59  applicant chronically and habitually uses alcoholic beverages or
   60  other substances to the extent that his or her normal faculties
   61  are impaired if the applicant has been committed under chapter
   62  397 or under the provisions of former chapter 396 or has been
   63  convicted under s. 790.151 or has been deemed a habitual
   64  offender under s. 856.011(3), or has had two or more convictions
   65  under s. 316.193 or similar laws of any other state, within the
   66  3-year period immediately preceding the date on which the
   67  application is submitted;
   68         (g) Desires a legal means to carry a concealed weapon or
   69  firearm for lawful self-defense;
   70         (h) Demonstrates competence with a firearm by any one of
   71  the following:
   72         1. Completion of any hunter education or hunter safety
   73  course approved by the Fish and Wildlife Conservation Commission
   74  or a similar agency of another state;
   75         2. Completion of any National Rifle Association firearms
   76  safety or training course;
   77         3. Completion of any firearms safety or training course or
   78  class available to the general public offered by a law
   79  enforcement agency, junior college, college, or private or
   80  public institution or organization or firearms training school,
   81  using instructors certified by the National Rifle Association,
   82  Criminal Justice Standards and Training Commission, or the
   83  Department of Agriculture and Consumer Services;
   84         4. Completion of any law enforcement firearms safety or
   85  training course or class offered for security guards,
   86  investigators, special deputies, or any division or subdivision
   87  of a law enforcement agency or security enforcement;
   88         5. Presents evidence of equivalent experience with a
   89  firearm through participation in organized shooting competition
   90  or military service;
   91         6. Is licensed or has been licensed to carry a firearm in
   92  this state or a county or municipality of this state, unless
   93  such license has been revoked for cause; or
   94         7. Completion of any firearms training or safety course or
   95  class conducted by a state-certified or National Rifle
   96  Association certified firearms instructor;
   97  
   98  A photocopy of a certificate of completion of any of the courses
   99  or classes; an affidavit from the instructor, school, club,
  100  organization, or group that conducted or taught such course or
  101  class attesting to the completion of the course or class by the
  102  applicant; or a copy of any document that shows completion of
  103  the course or class or evidences participation in firearms
  104  competition shall constitute evidence of qualification under
  105  this paragraph. A person who conducts a course pursuant to
  106  subparagraph 2., subparagraph 3., or subparagraph 7., or who, as
  107  an instructor, attests to the completion of such courses, must
  108  maintain records certifying that he or she observed the student
  109  safely handle and discharge the firearm in his or her physical
  110  presence and that the discharge of the firearm included live
  111  fire using a firearm and ammunition as defined in s. 790.001;
  112         (i) Has not been adjudicated an incapacitated person under
  113  s. 744.331, or similar laws of any other state, unless 5 years
  114  have elapsed since the applicant’s restoration to capacity by
  115  court order;
  116         (j) Has not been committed to a mental institution under
  117  chapter 394, or similar laws of any other state, unless the
  118  applicant produces a certificate from a licensed psychiatrist
  119  that he or she has not suffered from disability for at least 5
  120  years before the date of submission of the application;
  121         (k) Has not had adjudication of guilt withheld or
  122  imposition of sentence suspended on any felony unless 3 years
  123  have elapsed since probation or any other conditions set by the
  124  court have been fulfilled, or expunction has occurred;
  125         (l) Has not had adjudication of guilt withheld or
  126  imposition of sentence suspended on any misdemeanor crime of
  127  domestic violence unless 3 years have elapsed since probation or
  128  any other conditions set by the court have been fulfilled, or
  129  the record has been expunged;
  130         (m) Has not been issued an injunction that is currently in
  131  force and effect and that restrains the applicant from
  132  committing acts of domestic violence or acts of repeat violence;
  133  and
  134         (n) Is not prohibited from purchasing or possessing a
  135  firearm by any other provision of Florida or federal law.
  136         (3) The Department of Agriculture and Consumer Services
  137  shall deny a license if the applicant has been found guilty of,
  138  had adjudication of guilt withheld for, or had imposition of
  139  sentence suspended for one or more crimes of violence
  140  constituting a misdemeanor, unless 3 years have elapsed since
  141  probation or any other conditions set by the court have been
  142  fulfilled or the record has been sealed or expunged. The
  143  Department of Agriculture and Consumer Services shall revoke a
  144  license if the licensee has been found guilty of, had
  145  adjudication of guilt withheld for, or had imposition of
  146  sentence suspended for one or more crimes of violence within the
  147  preceding 3 years. The department shall, upon notification by a
  148  law enforcement agency, a court, or the Florida Department of
  149  Law Enforcement and subsequent written verification, suspend a
  150  license or the processing of an application for a license if the
  151  licensee or applicant is arrested or formally charged with a
  152  crime that would disqualify such person from having a license
  153  under this section, until final disposition of the case. The
  154  department shall suspend a license or the processing of an
  155  application for a license if the licensee or applicant is issued
  156  an injunction that restrains the licensee or applicant from
  157  committing acts of domestic violence or acts of repeat violence.
  158         (4) The application shall be completed, under oath, on a
  159  form adopted by the Department of Agriculture and Consumer
  160  Services and shall include:
  161         (a) The name, address, place of birth, date of birth, and
  162  race of the applicant;
  163         (b) A statement that the applicant is in compliance with
  164  criteria contained within subsections (2) and (3);
  165         (c) A statement that the applicant has been furnished a
  166  copy of this chapter and is knowledgeable of its provisions;
  167         (d) A conspicuous warning that the application is executed
  168  under oath and that a false answer to any question, or the
  169  submission of any false document by the applicant, subjects the
  170  applicant to criminal prosecution under s. 837.06;
  171         (e) A statement that the applicant desires a concealed
  172  weapon or firearms license as a means of lawful self-defense;
  173  and
  174         (f) Directions for an applicant who is a servicemember, as
  175  defined in s. 250.01, or a veteran, as defined in s. 1.01, to
  176  request expedited processing of his or her application.
  177         (5) The applicant shall submit to the Department of
  178  Agriculture and Consumer Services or an approved tax collector
  179  pursuant to s. 790.0625:
  180         (a) A completed application as described in subsection (4).
  181         (b) A nonrefundable license fee of up to $60 if he or she
  182  has not previously been issued a statewide license or of up to
  183  $50 for renewal of a statewide license. The cost of processing
  184  fingerprints as required in paragraph (c) shall be borne by the
  185  applicant. However, an individual holding an active
  186  certification from the Criminal Justice Standards and Training
  187  Commission as a law enforcement officer, correctional officer,
  188  or correctional probation officer as defined in s. 943.10(1),
  189  (2), (3), (6), (7), (8), or (9) is exempt from the licensing
  190  requirements of this section. If such individual wishes to
  191  receive a concealed weapon or firearm license, he or she is
  192  exempt from the background investigation and all background
  193  investigation fees but must pay the current license fees
  194  regularly required to be paid by nonexempt applicants. Further,
  195  a law enforcement officer, a correctional officer, or a
  196  correctional probation officer as defined in s. 943.10(1), (2),
  197  or (3) is exempt from the required fees and background
  198  investigation for 1 year after his or her retirement.
  199         (c) A full set of fingerprints of the applicant
  200  administered by a law enforcement agency or the Division of
  201  Licensing of the Department of Agriculture and Consumer Services
  202  or an approved tax collector pursuant to s. 790.0625 together
  203  with any personal identifying information required by federal
  204  law to process fingerprints.
  205         (d) A photocopy of a certificate, affidavit, or document as
  206  described in paragraph (2)(h).
  207         (e) A full frontal view color photograph of the applicant
  208  taken within the preceding 30 days, in which the head, including
  209  hair, measures 7/8 of an inch wide and 1 1/8 inches high.
  210         (f) For expedited processing of an application:
  211         1. A servicemember shall submit a copy of the Common Access
  212  Card, United States Uniformed Services Identification Card, or
  213  current deployment orders.
  214         2. A veteran shall submit a copy of the DD Form 214, issued
  215  by the United States Department of Defense, or another
  216  acceptable form of identification as specified by the Department
  217  of Veterans’ Affairs.
  218         (6)(a) The Department of Agriculture and Consumer Services,
  219  upon receipt of the items listed in subsection (5), shall
  220  forward the full set of fingerprints of the applicant to the
  221  Department of Law Enforcement for state and federal processing,
  222  provided the federal service is available, to be processed for
  223  any criminal justice information as defined in s. 943.045. The
  224  cost of processing such fingerprints shall be payable to the
  225  Department of Law Enforcement by the Department of Agriculture
  226  and Consumer Services.
  227         (b) The sheriff’s office shall provide fingerprinting
  228  service if requested by the applicant and may charge a fee not
  229  to exceed $5 for this service.
  230         (c) The Department of Agriculture and Consumer Services
  231  shall, within 90 days after the date of receipt of the items
  232  listed in subsection (5):
  233         1. Issue the license; or
  234         2. Deny the application based solely on the ground that the
  235  applicant fails to qualify under the criteria listed in
  236  subsection (2) or subsection (3). If the Department of
  237  Agriculture and Consumer Services denies the application, it
  238  shall notify the applicant in writing, stating the ground for
  239  denial and informing the applicant of any right to a hearing
  240  pursuant to chapter 120.
  241         3. In the event the department receives criminal history
  242  information with no final disposition on a crime which may
  243  disqualify the applicant, the time limitation prescribed by this
  244  paragraph may be suspended until receipt of the final
  245  disposition or proof of restoration of civil and firearm rights.
  246         (d) In the event a legible set of fingerprints, as
  247  determined by the Department of Agriculture and Consumer
  248  Services or the Federal Bureau of Investigation, cannot be
  249  obtained after two attempts, the Department of Agriculture and
  250  Consumer Services shall determine eligibility based upon the
  251  name checks conducted by the Florida Department of Law
  252  Enforcement.
  253         (e) A consular security official of a foreign government
  254  that maintains diplomatic relations and treaties of commerce,
  255  friendship, and navigation with the United States and is
  256  certified as such by the foreign government and by the
  257  appropriate embassy in this country must be issued a license
  258  within 20 days after the date of the receipt of a completed
  259  application, certification document, color photograph as
  260  specified in paragraph (5)(e), and a nonrefundable license fee
  261  of $300. Consular security official licenses shall be valid for
  262  1 year and may be renewed upon completion of the application
  263  process as provided in this section.
  264         (f) The Department of Agriculture and Consumer Services
  265  shall, upon receipt of a completed application and the
  266  identifying information required under paragraph (5)(f),
  267  expedite the processing of a servicemember’s or a veteran’s
  268  concealed weapon or firearm license application.
  269         (7) The Department of Agriculture and Consumer Services
  270  shall maintain an automated listing of licenseholders and
  271  pertinent information, and such information shall be available
  272  online, upon request, at all times to all law enforcement
  273  agencies through the Florida Crime Information Center.
  274         (8) Within 30 days after the changing of a permanent
  275  address, or within 30 days after having a license lost or
  276  destroyed, the licensee shall notify the Department of
  277  Agriculture and Consumer Services of such change. Failure to
  278  notify the Department of Agriculture and Consumer Services
  279  pursuant to the provisions of this subsection shall constitute a
  280  noncriminal violation with a penalty of $25.
  281         (9) In the event that a concealed weapon or firearm license
  282  is lost or destroyed, the license shall be automatically
  283  invalid, and the person to whom the same was issued may, upon
  284  payment of $15 to the Department of Agriculture and Consumer
  285  Services, obtain a duplicate, or substitute thereof, upon
  286  furnishing a notarized statement to the Department of
  287  Agriculture and Consumer Services that such license has been
  288  lost or destroyed.
  289         (10) A license issued under this section shall be suspended
  290  or revoked pursuant to chapter 120 if the licensee:
  291         (a) Is found to be ineligible under the criteria set forth
  292  in subsection (2);
  293         (b) Develops or sustains a physical infirmity which
  294  prevents the safe handling of a weapon or firearm;
  295         (c) Is convicted of a felony which would make the licensee
  296  ineligible to possess a firearm pursuant to s. 790.23;
  297         (d) Is found guilty of a crime under the provisions of
  298  chapter 893, or similar laws of any other state, relating to
  299  controlled substances;
  300         (e) Is committed as a substance abuser under chapter 397,
  301  or is deemed a habitual offender under s. 856.011(3), or similar
  302  laws of any other state;
  303         (f) Is convicted of a second violation of s. 316.193, or a
  304  similar law of another state, within 3 years after a first
  305  conviction of such section or similar law of another state, even
  306  though the first violation may have occurred before the date on
  307  which the application was submitted;
  308         (g) Is adjudicated an incapacitated person under s.
  309  744.331, or similar laws of any other state; or
  310         (h) Is committed to a mental institution under chapter 394,
  311  or similar laws of any other state.
  312  
  313  Notwithstanding s. 120.60(5), service of a notice of the
  314  suspension or revocation of a concealed weapon or firearm
  315  license must be given by either certified mail, return receipt
  316  requested, to the licensee at his or her last known mailing
  317  address furnished to the Department of Agriculture and Consumer
  318  Services, or by personal service. If a notice given by certified
  319  mail is returned as undeliverable, a second attempt must be made
  320  to provide notice to the licensee at that address, by either
  321  first-class mail in an envelope, postage prepaid, addressed to
  322  the licensee at his or her last known mailing address furnished
  323  to the department, or, if the licensee has provided an e-mail
  324  address to the department, by e-mail. Such mailing by the
  325  department constitutes notice, and any failure by the licensee
  326  to receive such notice does not stay the effective date or term
  327  of the suspension or revocation. A request for hearing must be
  328  filed with the department within 21 days after notice is
  329  received by personal delivery, or within 26 days after the date
  330  the department deposits the notice in the United States mail (21
  331  days plus 5 days for mailing). The department shall document its
  332  attempts to provide notice, and such documentation is admissible
  333  in the courts of this state and constitutes sufficient proof
  334  that notice was given.
  335         (11)(a) At least 90 days before the expiration date of the
  336  license, the Department of Agriculture and Consumer Services
  337  shall mail to each licensee a written notice of the expiration
  338  and a renewal form prescribed by the Department of Agriculture
  339  and Consumer Services. The licensee must renew his or her
  340  license on or before the expiration date by filing with the
  341  Department of Agriculture and Consumer Services the renewal form
  342  containing an affidavit submitted under oath and under penalty
  343  of perjury stating that the licensee remains qualified pursuant
  344  to the criteria specified in subsections (2) and (3), a color
  345  photograph as specified in paragraph (5)(e), and the required
  346  renewal fee. Out-of-state residents must also submit a complete
  347  set of fingerprints and fingerprint processing fee. The license
  348  shall be renewed upon receipt of the completed renewal form,
  349  color photograph, appropriate payment of fees, and, if
  350  applicable, fingerprints. Additionally, a licensee who fails to
  351  file a renewal application on or before its expiration date must
  352  renew his or her license by paying a late fee of $15. A license
  353  may not be renewed 180 days or more after its expiration date,
  354  and such a license is deemed to be permanently expired. A person
  355  whose license has been permanently expired may reapply for
  356  licensure; however, an application for licensure and fees under
  357  subsection (5) must be submitted, and a background investigation
  358  shall be conducted pursuant to this section. A person who
  359  knowingly files false information under this subsection is
  360  subject to criminal prosecution under s. 837.06.
  361         (b) A license issued to a servicemember, as defined in s.
  362  250.01, is subject to paragraph (a); however, such a license
  363  does not expire while the servicemember is serving on military
  364  orders that have taken him or her over 35 miles from his or her
  365  residence and shall be extended, as provided in this paragraph,
  366  for up to 180 days after his or her return to such residence. If
  367  the license renewal requirements in paragraph (a) are met within
  368  the 180-day extension period, the servicemember may not be
  369  charged any additional costs, such as, but not limited to, late
  370  fees or delinquency fees, above the normal license fees. The
  371  servicemember must present to the Department of Agriculture and
  372  Consumer Services a copy of his or her official military orders
  373  or a written verification from the member’s commanding officer
  374  before the end of the 180-day period in order to qualify for the
  375  extension.
  376         (12)(a) A license issued under this section does not
  377  authorize any person to openly carry a handgun or carry a
  378  concealed weapon or firearm into:
  379         1. Any place of nuisance as defined in s. 823.05;
  380         2. Any police, sheriff, or highway patrol station;
  381         3. Any detention facility, prison, or jail;
  382         4. Any courthouse;
  383         5. Any courtroom, except that nothing in this section would
  384  preclude a judge from carrying a concealed weapon or determining
  385  who will carry a concealed weapon in his or her courtroom;
  386         6. Any polling place;
  387         7. Any meeting of the governing body of a county, public
  388  school district, municipality, or special district;
  389         8. Any meeting of the Legislature or a committee thereof;
  390         9. Any school, college, or professional athletic event not
  391  related to firearms;
  392         10. Any elementary or secondary school facility or
  393  administration building;
  394         11. Any career center;
  395         12. Any portion of an establishment licensed to dispense
  396  alcoholic beverages for consumption on the premises, which
  397  portion of the establishment is primarily devoted to such
  398  purpose;
  399         13. Any college or university facility unless the licensee
  400  is a registered student, employee, or faculty member of such
  401  college or university and the weapon is a stun gun or nonlethal
  402  electric weapon or device designed solely for defensive purposes
  403  and the weapon does not fire a dart or projectile;
  404         14. The inside of the passenger terminal and sterile area
  405  of any airport, provided that no person shall be prohibited from
  406  carrying any legal firearm into the terminal, which firearm is
  407  encased for shipment for purposes of checking such firearm as
  408  baggage to be lawfully transported on any aircraft; or
  409         15. Any place where the carrying of firearms is prohibited
  410  by federal law.
  411         (b) A person licensed under this section shall not be
  412  prohibited from carrying or storing a firearm in a vehicle for
  413  lawful purposes.
  414         (c) This section does not modify the terms or conditions of
  415  s. 790.251(7).
  416         (d) Any person who knowingly and willfully violates any
  417  provision of this subsection commits a misdemeanor of the second
  418  degree, punishable as provided in s. 775.082 or s. 775.083.
  419         (13) All moneys collected by the department pursuant to
  420  this section shall be deposited in the Division of Licensing
  421  Trust Fund, and the Legislature shall appropriate from the fund
  422  those amounts deemed necessary to administer the provisions of
  423  this section. All revenues collected, less those costs
  424  determined by the Department of Agriculture and Consumer
  425  Services to be nonrecurring or one-time costs, shall be deferred
  426  over the 7-year licensure period. Notwithstanding the provisions
  427  of s. 493.6117, all moneys collected pursuant to this section
  428  shall not revert to the General Revenue Fund; however, this
  429  shall not abrogate the requirement for payment of the service
  430  charge imposed pursuant to chapter 215.
  431         (14) All funds received by the sheriff pursuant to the
  432  provisions of this section shall be deposited into the general
  433  revenue fund of the county and shall be budgeted to the sheriff.
  434         (15) The Legislature finds as a matter of public policy and
  435  fact that it is necessary to provide statewide uniform standards
  436  for issuing licenses to carry concealed weapons and firearms for
  437  self-defense and finds it necessary to occupy the field of
  438  regulation of the bearing of concealed weapons or firearms for
  439  self-defense to ensure that no honest, law-abiding person who
  440  qualifies under the provisions of this section is subjectively
  441  or arbitrarily denied his or her rights. The Department of
  442  Agriculture and Consumer Services shall implement and administer
  443  the provisions of this section. The Legislature does not
  444  delegate to the Department of Agriculture and Consumer Services
  445  the authority to regulate or restrict the issuing of licenses
  446  provided for in this section, beyond those provisions contained
  447  in this section. Subjective or arbitrary actions or rules which
  448  encumber the issuing process by placing burdens on the applicant
  449  beyond those sworn statements and specified documents detailed
  450  in this section or which create restrictions beyond those
  451  specified in this section are in conflict with the intent of
  452  this section and are prohibited. This section shall be liberally
  453  construed to carry out the constitutional right to bear arms for
  454  self-defense. This section is supplemental and additional to
  455  existing rights to bear arms, and nothing in this section shall
  456  impair or diminish such rights.
  457         (16) The Department of Agriculture and Consumer Services
  458  shall maintain statistical information on the number of licenses
  459  issued, revoked, suspended, and denied.
  460         (17) As amended by chapter 87-24, Laws of Florida, this
  461  section shall be known and may be cited as the “Jack Hagler Self
  462  Defense Act.”
  463         Section 2. For the purpose of incorporating the amendment
  464  made by this act to section 790.06, Florida Statutes, in a
  465  reference thereto, subsection (1) of section 790.053, Florida
  466  Statutes, is reenacted to read:
  467         790.053 Open carrying of weapons.—
  468         (1) Except as otherwise provided by law and in subsection
  469  (2), it is unlawful for any person to openly carry on or about
  470  his or her person any firearm or electric weapon or device. It
  471  is not a violation of this section for a person licensed to
  472  carry a concealed firearm as provided in s. 790.06(1), and who
  473  is lawfully carrying a firearm in a concealed manner, to briefly
  474  and openly display the firearm to the ordinary sight of another
  475  person, unless the firearm is intentionally displayed in an
  476  angry or threatening manner, not in necessary self-defense.
  477         Section 3. This act shall take effect July 1, 2017.