Florida Senate - 2017 COMMITTEE AMENDMENT Bill No. SB 646 Ì4503661Î450366 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Judiciary (Steube) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 790.053, Florida Statutes, is amended to 6 read: 7 790.053 Open carrying of weapons.— 8 (1) Except as otherwise provided by law and in subsection 9 (2), it is unlawful for any person to openly carry on or about 10 his or her person any firearm or electric weapon or device.
It11 is not a violation of this section for a person licensed to12 carry a concealed firearm as provided in s. 790.06(1), and who13 is lawfully carrying a firearm in a concealed manner, to briefly14 and openly display the firearm to the ordinary sight of another15 person, unless the firearm is intentionally displayed in an16 angry or threatening manner, not in necessary self-defense.17 (2) A person may openly carry, for purposes of lawful self 18 defense: 19 (a) A self-defense chemical spray. 20 (b) A nonlethal stun gun or dart-firing stun gun or other 21 nonlethal electric weapon or device that is designed solely for 22 defensive purposes. 23 (3)(a) A Anyperson violating this section who is not 24 licensed under s. 790.06 commits a misdemeanor of the second 25 degree, punishable as provided in s. 775.082 or s. 775.083. 26 (b) A person violating this section who is licensed under 27 s. 790.06 commits: 28 1. A noncriminal violation with a penalty of: 29 a. Twenty-five dollars, payable to the clerk of the court, 30 for a first violation; or 31 b. Five hundred dollars, payable to the clerk of court, for 32 a second violation. 33 2. A misdemeanor of the second degree, punishable as 34 provided in s. 775.082 or s. 775.083, for a third or subsequent 35 violation. 36 Section 2. Subsection (1) of section 790.06, Florida 37 Statutes, is amended to read: 38 790.06 License to carry concealed weapon or firearm.— 39 (1) The Department of Agriculture and Consumer Services is 40 authorized to issue licenses to carry concealed weapons or 41 concealed firearms to persons qualified as provided in this 42 section. Each such license must bear a color photograph of the 43 licensee. For the purposes of this section, concealed weapons or 44 concealed firearms are defined as a handgun, electronic weapon 45 or device, tear gas gun, knife, or billie, but the term does not 46 include a machine gun as defined in s. 790.001(9). Such licenses 47 shall be valid throughout the state for a period of 7 years 48 after fromthe date of issuance. Any person in compliance with 49 the terms of such license may carry a concealed weapon or 50 concealed firearm notwithstanding the provisions of s. 790.01. 51 The licensee must carry the license, together with valid 52 identification, at all times in which the licensee is in actual 53 possession of a concealed weapon or firearm and must display 54 both the license and proper identification upon demand by a law 55 enforcement officer. A person licensed to carry a concealed 56 firearm under this section whose firearm is temporarily and 57 openly displayed to the ordinary sight of another person does 58 not violate s. 790.053 and may not be arrested or charged with a 59 noncriminal or criminal violation of s. 790.053. Violations of 60 the provisions of this subsection shall constitute a noncriminal 61 violation with a penalty of $25, payable to the clerk of the 62 court. 63 Section 3. For the purpose of incorporating the amendment 64 made by this act to section 790.053, Florida Statutes, in a 65 reference thereto, paragraph (b) of subsection (3) of section 66 943.051, Florida Statutes, is reenacted to read: 67 943.051 Criminal justice information; collection and 68 storage; fingerprinting.— 69 (3) 70 (b) A minor who is charged with or found to have committed 71 the following offenses shall be fingerprinted and the 72 fingerprints shall be submitted electronically to the 73 department, unless the minor is issued a civil citation pursuant 74 to s. 985.12: 75 1. Assault, as defined in s. 784.011. 76 2. Battery, as defined in s. 784.03. 77 3. Carrying a concealed weapon, as defined in s. 790.01(1). 78 4. Unlawful use of destructive devices or bombs, as defined 79 in s. 790.1615(1). 80 5. Neglect of a child, as defined in s. 827.03(1)(e). 81 6. Assault or battery on a law enforcement officer, a 82 firefighter, or other specified officers, as defined in s. 83 784.07(2)(a) and (b). 84 7. Open carrying of a weapon, as defined in s. 790.053. 85 8. Exposure of sexual organs, as defined in s. 800.03. 86 9. Unlawful possession of a firearm, as defined in s. 87 790.22(5). 88 10. Petit theft, as defined in s. 812.014(3). 89 11. Cruelty to animals, as defined in s. 828.12(1). 90 12. Arson, as defined in s. 806.031(1). 91 13. Unlawful possession or discharge of a weapon or firearm 92 at a school-sponsored event or on school property, as provided 93 in s. 790.115. 94 Section 4. For the purpose of incorporating the amendment 95 made by this act to section 790.053, Florida Statutes, in a 96 reference thereto, paragraph (b) of subsection (1) of section 97 985.11, Florida Statutes, is reenacted to read: 98 985.11 Fingerprinting and photographing.— 99 (1) 100 (b) Unless the child is issued a civil citation or is 101 participating in a similar diversion program pursuant to s. 102 985.12, a child who is charged with or found to have committed 103 one of the following offenses shall be fingerprinted, and the 104 fingerprints shall be submitted to the Department of Law 105 Enforcement as provided in s. 943.051(3)(b): 106 1. Assault, as defined in s. 784.011. 107 2. Battery, as defined in s. 784.03. 108 3. Carrying a concealed weapon, as defined in s. 790.01(1). 109 4. Unlawful use of destructive devices or bombs, as defined 110 in s. 790.1615(1). 111 5. Neglect of a child, as defined in s. 827.03(1)(e). 112 6. Assault on a law enforcement officer, a firefighter, or 113 other specified officers, as defined in s. 784.07(2)(a). 114 7. Open carrying of a weapon, as defined in s. 790.053. 115 8. Exposure of sexual organs, as defined in s. 800.03. 116 9. Unlawful possession of a firearm, as defined in s. 117 790.22(5). 118 10. Petit theft, as defined in s. 812.014. 119 11. Cruelty to animals, as defined in s. 828.12(1). 120 12. Arson, resulting in bodily harm to a firefighter, as 121 defined in s. 806.031(1). 122 13. Unlawful possession or discharge of a weapon or firearm 123 at a school-sponsored event or on school property as defined in 124 s. 790.115. 125 126 A law enforcement agency may fingerprint and photograph a child 127 taken into custody upon probable cause that such child has 128 committed any other violation of law, as the agency deems 129 appropriate. Such fingerprint records and photographs shall be 130 retained by the law enforcement agency in a separate file, and 131 these records and all copies thereof must be marked “Juvenile 132 Confidential.” These records are not available for public 133 disclosure and inspection under s. 119.07(1) except as provided 134 in ss. 943.053 and 985.04(2), but shall be available to other 135 law enforcement agencies, criminal justice agencies, state 136 attorneys, the courts, the child, the parents or legal 137 custodians of the child, their attorneys, and any other person 138 authorized by the court to have access to such records. In 139 addition, such records may be submitted to the Department of Law 140 Enforcement for inclusion in the state criminal history records 141 and used by criminal justice agencies for criminal justice 142 purposes. These records may, in the discretion of the court, be 143 open to inspection by anyone upon a showing of cause. The 144 fingerprint and photograph records shall be produced in the 145 court whenever directed by the court. Any photograph taken 146 pursuant to this section may be shown by a law enforcement 147 officer to any victim or witness of a crime for the purpose of 148 identifying the person who committed such crime. 149 Section 5. This act shall take effect July 1, 2017. 150 151 ================= T I T L E A M E N D M E N T ================ 152 And the title is amended as follows: 153 Delete everything before the enacting clause 154 and insert: 155 A bill to be entitled 156 An act relating to weapons and firearms; amending s. 157 790.053, F.S.; deleting a statement of applicability 158 relating to violations of carrying a concealed weapon 159 or firearm; reducing the penalties applicable to a 160 person licensed to carry a concealed weapon or firearm 161 for a first or second violation of specified 162 provisions relating to openly carrying weapons; making 163 a fine payable to the clerk of the court; amending s. 164 790.06, F.S.; providing that a person licensed to 165 carry a concealed weapon or firearm does not violate 166 certain provisions if the firearm is temporarily and 167 openly displayed; reenacting ss. 943.051(3)(b) and 168 985.11(1)(b), F.S., both relating to fingerprinting of 169 a minor for violating specified provisions, to 170 incorporate the amendment made to s. 790.053, F.S., in 171 references thereto; providing an effective date.