Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. SB 134
       
       
       
       
       
       
                                Ì117468KÎ117468                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  12/05/2017           .                                
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       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. It
   11  is not a violation of this section for a person licensed to
   12  carry a concealed firearm as provided in s. 790.06(1), and who
   13  is lawfully carrying a firearm in a concealed manner, to briefly
   14  and openly display the firearm to the ordinary sight of another
   15  person, unless the firearm is intentionally displayed in an
   16  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 Any person 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.Two hundred and fifty dollars, payable to the clerk of
   30  the court, for a first violation; or
   31         b.Five hundred dollars, payable to the clerk of the court,
   32  for 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) and paragraph (a) of subsection
   37  (12) of section 790.06, Florida Statutes, are amended, present
   38  subsection (17) of that section is redesignated as subsection
   39  (18), and a new subsection (17) is added to that section, to
   40  read:
   41         790.06 License to carry concealed weapon or firearm.—
   42         (1) The Department of Agriculture and Consumer Services is
   43  authorized to issue licenses to carry concealed weapons or
   44  concealed firearms to persons qualified as provided in this
   45  section. Each such license must bear a color photograph of the
   46  licensee. For the purposes of this section, concealed weapons or
   47  concealed firearms are defined as a handgun, electronic weapon
   48  or device, tear gas gun, knife, or billie, but the term does not
   49  include a machine gun as defined in s. 790.001(9). Such licenses
   50  are shall be valid throughout the state for a period of 7 years
   51  after from the date of issuance. Any person in compliance with
   52  the terms of such license may carry a concealed weapon or
   53  concealed firearm notwithstanding the provisions of s. 790.01.
   54  The licensee must carry the license, together with valid
   55  identification, at all times in which the licensee is in actual
   56  possession of a concealed weapon or firearm and must display
   57  both the license and proper identification upon demand by a law
   58  enforcement officer. A person licensed to carry a concealed
   59  firearm under this section whose firearm becomes openly
   60  displayed to the ordinary sight of another person does not
   61  violate s. 790.053 and may not be arrested or charged with a
   62  noncriminal or criminal violation of s. 790.053. Violations of
   63  the provisions of this subsection shall constitute a noncriminal
   64  violation with a penalty of $25, payable to the clerk of the
   65  court.
   66         (12)(a) A license issued under this section does not
   67  authorize any person to openly carry a handgun or carry a
   68  concealed weapon or firearm into:
   69         1. Any place of nuisance as defined in s. 823.05;
   70         2. Any police, sheriff, or highway patrol station;
   71         3. Any detention facility, prison, or jail;
   72         4. Any courthouse, except when a licensee approaches
   73  security or management personnel upon arrival at a courthouse
   74  and notifies them of the presence of the weapon or firearm and
   75  follows the security or management personnel’s instructions for
   76  temporarily surrendering the weapon or firearm to the security
   77  or management personnel, who shall store the weapon or firearm
   78  in a locker, safe, or other secure location and return the
   79  weapon or firearm to the licensee when he or she is exiting the
   80  courthouse;
   81         5. Any courtroom, except that nothing in this section would
   82  preclude a judge from carrying a concealed weapon or determining
   83  who will carry a concealed weapon in his or her courtroom;
   84         6. Any polling place;
   85         7. Any meeting of the governing body of a county, public
   86  school district, municipality, or special district;
   87         8. Any meeting of the Legislature or a committee thereof;
   88         9. Any school, college, or professional athletic event not
   89  related to firearms;
   90         10. Any elementary or secondary school facility or
   91  administration building;
   92         11. Any career center;
   93         12. Any portion of an establishment licensed to dispense
   94  alcoholic beverages for consumption on the premises, which
   95  portion of the establishment is primarily devoted to such
   96  purpose;
   97         13. Any college or university facility unless the licensee
   98  is a registered student, employee, or faculty member of such
   99  college or university and the weapon is a stun gun or nonlethal
  100  electric weapon or device designed solely for defensive purposes
  101  and the weapon does not fire a dart or projectile;
  102         14. The inside of the passenger terminal and sterile area
  103  of any airport, provided that no person shall be prohibited from
  104  carrying any legal firearm into the terminal, which firearm is
  105  encased for shipment for purposes of checking such firearm as
  106  baggage to be lawfully transported on any aircraft; or
  107         15. Any place where the carrying of firearms is prohibited
  108  by federal law.
  109         (17)(a)As used in this section, the term courthouse”
  110  means a building the primary purpose of which is to house
  111  judicial chambers or to hold trials, hearings, or oral arguments
  112  before a judge. The term also includes a portion of any other
  113  building if the portion:
  114         1.Is conspicuously marked as a courthouse at each public
  115  entrance; and
  116         2. Has as its primary purpose the housing of judicial
  117  chambers or the holding of trials, hearings, or oral arguments
  118  before a judge.
  119         (b) A local ordinance, administrative rule, administrative
  120  order, or regulation in conflict with the definition of the term
  121  “courthouse” in paragraph (a) or the rights set forth under
  122  subparagraph (12)(a)4. is preempted to the Legislature under s.
  123  790.33. The person, justice, judge, county, agency,
  124  municipality, district, or other entity that enacts or causes to
  125  be enforced a local ordinance, administrative rule,
  126  administrative order, or regulation that is preempted is subject
  127  to the penalties set forth in s. 790.33, including, but not
  128  limited to, civil fines and removal from office by the Governor.
  129         Section 3. Paragraph (a) of subsection (1) of section
  130  790.065, Florida Statutes, is amended, and present subsections
  131  (4) through (13) of that section are redesignated as subsections
  132  (5)through (14), respectively, a new subsection (4) is added to
  133  that section, and present paragraph (a) of subsection (4) and
  134  present paragraphs (b) and (c) of subsection (12) are
  135  republished, to read:
  136         790.065 Sale and delivery of firearms.—
  137         (1)(a) A licensed importer, licensed manufacturer, or
  138  licensed dealer may not sell or deliver from her or his
  139  inventory at her or his licensed premises any firearm to another
  140  person, other than a licensed importer, licensed manufacturer,
  141  licensed dealer, or licensed collector, until she or he has:
  142         1. Obtained a completed form from the potential buyer or
  143  transferee, which form shall have been promulgated by the
  144  Department of Law Enforcement and provided by the licensed
  145  importer, licensed manufacturer, or licensed dealer, which must
  146  shall include the name, date of birth, gender, and race, and
  147  social security number or other identification number of the
  148  such potential buyer or transferee and questions about the
  149  buyer’s criminal history and other information relating to the
  150  potential buyer or transferee’s eligibility to purchase a
  151  firearm, and has inspected proper identification including an
  152  identification containing a photograph of the potential buyer or
  153  transferee.
  154         2. Collected a fee from the potential buyer for processing
  155  the criminal history check of the potential buyer. The fee shall
  156  be established by the Department of Law Enforcement and may not
  157  exceed $8 per transaction. The Department of Law Enforcement may
  158  reduce, or suspend collection of, the fee to reflect payment
  159  received from the Federal Government applied to the cost of
  160  maintaining the criminal history check system established by
  161  this section as a means of facilitating or supplementing the
  162  National Instant Criminal Background Check System. The
  163  Department of Law Enforcement shall, by rule, establish
  164  procedures for the fees to be transmitted by the licensee to the
  165  Department of Law Enforcement. All such fees shall be deposited
  166  into the Department of Law Enforcement Operating Trust Fund, but
  167  shall be segregated from all other funds deposited into such
  168  trust fund and must be accounted for separately. Such segregated
  169  funds must not be used for any purpose other than the operation
  170  of the criminal history checks required by this section. The
  171  Department of Law Enforcement, each year prior to February 1,
  172  shall make a full accounting of all receipts and expenditures of
  173  such funds to the President of the Senate, the Speaker of the
  174  House of Representatives, the majority and minority leaders of
  175  each house of the Legislature, and the chairs of the
  176  appropriations committees of each house of the Legislature. In
  177  the event that the cumulative amount of funds collected exceeds
  178  the cumulative amount of expenditures by more than $2.5 million,
  179  excess funds may be used for the purpose of purchasing soft body
  180  armor for law enforcement officers.
  181         3. Requested, by means of a toll-free telephone call, the
  182  Department of Law Enforcement to conduct a check of the
  183  information as reported and reflected in the Florida Crime
  184  Information Center and National Crime Information Center systems
  185  as of the date of the request.
  186         4. Received a unique approval number for that inquiry from
  187  the Department of Law Enforcement, and recorded the date and
  188  such number on the consent form.
  189         (4)(a)In any case in which records reviewed pursuant to
  190  subsection (2) indicate that the potential buyer or transferee
  191  is prohibited from having in her or his care, custody,
  192  possession, or control a firearm under state or federal law and
  193  the potential transfer, sale, or purchase has received a
  194  nonapproval number, the Department of Law Enforcement shall send
  195  notice of the nonapproval to the federal or state correctional,
  196  law enforcement, prosecutorial, and other relevant criminal
  197  justice agencies having jurisdiction in the county where the
  198  attempted transfer or purchase was made.
  199         (b) The Department of Law Enforcement shall, for each
  200  county, identify appropriate federal or state correctional, law
  201  enforcement, prosecutorial, and other criminal justice agencies
  202  to receive the notice described in paragraph (a).
  203         (c) The notice described in paragraph (a) must include the
  204  identity of the potential buyer or transferee, the identity of
  205  the licensee who made the inquiry, the date and time when a
  206  nonapproval number was issued, the prohibiting criteria for the
  207  nonapproval, and the location where the attempted purchase or
  208  transfer occurred.
  209         (d) The Department of Law Enforcement shall make the notice
  210  described in paragraph (a) within 1 week after issuance of the
  211  nonapproval number, and may aggregate any notices required
  212  pursuant to paragraph (a) and issue them together within the
  213  required timeframe, except that a notice may be delayed for as
  214  long as necessary to avoid compromising an ongoing
  215  investigation.
  216         (e) The Department of Law Enforcement may make the notice
  217  required pursuant to paragraph (a) in any form, including, but
  218  not limited to, by oral or written communication or by
  219  electronic means.
  220         (f)If a nonapproval is reversed on appeal, the Department
  221  of Law Enforcement shall send a notice of the reversal to each
  222  agency notified of the nonapproval. The notice of reversal must
  223  be made in writing or in an electronic format and must clearly
  224  identify the potential buyer or transferee whose nonapproval was
  225  reversed.
  226         (5)(4)(a) Any records containing any of the information set
  227  forth in subsection (1) pertaining to a buyer or transferee who
  228  is not found to be prohibited from receipt or transfer of a
  229  firearm by reason of Florida and federal law which records are
  230  created by the Department of Law Enforcement to conduct the
  231  criminal history record check shall be confidential and exempt
  232  from the provisions of s. 119.07(1) and may not be disclosed by
  233  the Department of Law Enforcement or any officer or employee
  234  thereof to any person or to another agency. The Department of
  235  Law Enforcement shall destroy any such records forthwith after
  236  it communicates the approval and nonapproval numbers to the
  237  licensee and, in any event, such records shall be destroyed
  238  within 48 hours after the day of the response to the licensee’s
  239  request.
  240         (13)(12)
  241         (b) Any licensed importer, licensed manufacturer, or
  242  licensed dealer who violates the provisions of subsection (1)
  243  commits a felony of the third degree punishable as provided in
  244  s. 775.082 or s. 775.083.
  245         (c) Any employee or agency of a licensed importer, licensed
  246  manufacturer, or licensed dealer who violates the provisions of
  247  subsection (1) commits a felony of the third degree punishable
  248  as provided in s. 775.082 or s. 775.083.
  249         Section 4. Subsection (3) of subsection 790.115, Florida
  250  Statutes, is amended to read:
  251         790.115 Possessing or discharging weapons or firearms at a
  252  school-sponsored event or on school property prohibited;
  253  penalties; exceptions.—
  254         (3)(a) This section does not apply to any law enforcement
  255  officer as defined in s. 943.10(1), (2), (3), (4), (6), (7),
  256  (8), (9), or (14).
  257         (b)This section and s. 790.06(12)(a)10., 11., and 13. do
  258  not prohibit a person who is licensed under s. 790.06 from
  259  carrying a concealed weapon or concealed firearm on private
  260  school property if a religious institution, as defined in s.
  261  496.404, is located on the property.
  262         Section 5. The Legislature of the State of Florida urges
  263  the United States Congress and the President of the United
  264  States of America, Donald J. Trump, to instruct the United
  265  States Bureau of Alcohol, Tobacco, Firearms and Explosives to
  266  revisit and review all previous rulings relating to bump stocks
  267  and issue a clarifying ruling and a national policy that will
  268  apply uniformly to all states.
  269         Section 6. Paragraph (e) of subsection (3) of section
  270  790.335, Florida Statutes, is amended to read:
  271         790.335 Prohibition of registration of firearms; electronic
  272  records.—
  273         (3) EXCEPTIONS.—The provisions of this section shall not
  274  apply to:
  275         (e)1. Records kept pursuant to the recordkeeping provisions
  276  of s. 790.065; however, nothing in this section shall be
  277  construed to authorize the public release or inspection of
  278  records that are made confidential and exempt from the
  279  provisions of s. 119.07(1) by s. 790.065(5)(a) s. 790.065(4)(a).
  280         2. Nothing in this paragraph shall be construed to allow
  281  the maintaining of records containing the names of purchasers or
  282  transferees who receive unique approval numbers or the
  283  maintaining of records of firearm transactions.
  284         Section 7. For the purpose of incorporating the amendment
  285  made by this act to section 790.053, Florida Statutes, in a
  286  reference thereto, paragraph (b) of subsection (3) of section
  287  943.051, Florida Statutes, is reenacted to read:
  288         943.051 Criminal justice information; collection and
  289  storage; fingerprinting.—
  290         (3)
  291         (b) A minor who is charged with or found to have committed
  292  the following offenses shall be fingerprinted and the
  293  fingerprints shall be submitted electronically to the
  294  department, unless the minor is issued a civil citation pursuant
  295  to s. 985.12:
  296         1. Assault, as defined in s. 784.011.
  297         2. Battery, as defined in s. 784.03.
  298         3. Carrying a concealed weapon, as defined in s. 790.01(1).
  299         4. Unlawful use of destructive devices or bombs, as defined
  300  in s. 790.1615(1).
  301         5. Neglect of a child, as defined in s. 827.03(1)(e).
  302         6. Assault or battery on a law enforcement officer, a
  303  firefighter, or other specified officers, as defined in s.
  304  784.07(2)(a) and (b).
  305         7. Open carrying of a weapon, as defined in s. 790.053.
  306         8. Exposure of sexual organs, as defined in s. 800.03.
  307         9. Unlawful possession of a firearm, as defined in s.
  308  790.22(5).
  309         10. Petit theft, as defined in s. 812.014(3).
  310         11. Cruelty to animals, as defined in s. 828.12(1).
  311         12. Arson, as defined in s. 806.031(1).
  312         13. Unlawful possession or discharge of a weapon or firearm
  313  at a school-sponsored event or on school property, as provided
  314  in s. 790.115.
  315         Section 8. For the purpose of incorporating the amendment
  316  made by this act to section 790.053, Florida Statutes, in a
  317  reference thereto, paragraph (b) of subsection (1) of section
  318  985.11, Florida Statutes, is reenacted to read:
  319         985.11 Fingerprinting and photographing.—
  320         (1)
  321         (b) Unless the child is issued a civil citation or is
  322  participating in a similar diversion program pursuant to s.
  323  985.12, a child who is charged with or found to have committed
  324  one of the following offenses shall be fingerprinted, and the
  325  fingerprints shall be submitted to the Department of Law
  326  Enforcement as provided in s. 943.051(3)(b):
  327         1. Assault, as defined in s. 784.011.
  328         2. Battery, as defined in s. 784.03.
  329         3. Carrying a concealed weapon, as defined in s. 790.01(1).
  330         4. Unlawful use of destructive devices or bombs, as defined
  331  in s. 790.1615(1).
  332         5. Neglect of a child, as defined in s. 827.03(1)(e).
  333         6. Assault on a law enforcement officer, a firefighter, or
  334  other specified officers, as defined in s. 784.07(2)(a).
  335         7. Open carrying of a weapon, as defined in s. 790.053.
  336         8. Exposure of sexual organs, as defined in s. 800.03.
  337         9. Unlawful possession of a firearm, as defined in s.
  338  790.22(5).
  339         10. Petit theft, as defined in s. 812.014.
  340         11. Cruelty to animals, as defined in s. 828.12(1).
  341         12. Arson, resulting in bodily harm to a firefighter, as
  342  defined in s. 806.031(1).
  343         13. Unlawful possession or discharge of a weapon or firearm
  344  at a school-sponsored event or on school property as defined in
  345  s. 790.115.
  346  
  347  A law enforcement agency may fingerprint and photograph a child
  348  taken into custody upon probable cause that such child has
  349  committed any other violation of law, as the agency deems
  350  appropriate. Such fingerprint records and photographs shall be
  351  retained by the law enforcement agency in a separate file, and
  352  these records and all copies thereof must be marked “Juvenile
  353  Confidential.” These records are not available for public
  354  disclosure and inspection under s. 119.07(1) except as provided
  355  in ss. 943.053 and 985.04(2), but shall be available to other
  356  law enforcement agencies, criminal justice agencies, state
  357  attorneys, the courts, the child, the parents or legal
  358  custodians of the child, their attorneys, and any other person
  359  authorized by the court to have access to such records. In
  360  addition, such records may be submitted to the Department of Law
  361  Enforcement for inclusion in the state criminal history records
  362  and used by criminal justice agencies for criminal justice
  363  purposes. These records may, in the discretion of the court, be
  364  open to inspection by anyone upon a showing of cause. The
  365  fingerprint and photograph records shall be produced in the
  366  court whenever directed by the court. Any photograph taken
  367  pursuant to this section may be shown by a law enforcement
  368  officer to any victim or witness of a crime for the purpose of
  369  identifying the person who committed such crime.
  370         Section 9. This act shall take effect July 1, 2018.
  371  
  372  ================= T I T L E  A M E N D M E N T ================
  373  And the title is amended as follows:
  374         Delete everything before the enacting clause
  375  and insert:
  376                        A bill to be entitled                      
  377         An act relating to weapons and firearms; amending s.
  378         790.053, F.S.; deleting a statement of applicability
  379         relating to violations of carrying a concealed weapon
  380         or firearm; providing civil penalties applicable to a
  381         person licensed to carry a concealed weapon or firearm
  382         for a first or second violation of specified
  383         provisions relating to openly carrying certain
  384         weapons; making a fine payable to the clerk of the
  385         court; amending s. 790.06, F.S.; providing that a
  386         person licensed to carry a concealed weapon or firearm
  387         does not violate a certain provision if the firearm
  388         becomes openly displayed; authorizing a concealed
  389         weapons or concealed firearms licensee to temporarily
  390         surrender a weapon or firearm if the licensee
  391         approaches courthouse security or management personnel
  392         upon arrival at the courthouse and follows their
  393         instructions; defining the term “courthouse”;
  394         preempting to the Legislature certain ordinances,
  395         rules, orders, and regulations that conflict with that
  396         definition or with certain rights; subjecting the
  397         persons or entities responsible for enacting, or
  398         causing the enforcement of, preempted ordinances,
  399         rules, orders, and regulations to specified penalties;
  400         amending s. 790.065, F.S.; requiring the Department of
  401         Law Enforcement to include on a standard form certain
  402         questions concerning a potential firearm buyer’s
  403         criminal history or other information relating to the
  404         person’s eligibility to make a firearm purchase;
  405         requiring the department to notify law enforcement
  406         officials when a potential sale or transfer receives a
  407         nonapproval number and when a nonapproval is reversed
  408         on appeal; providing requirements for such notices;
  409         amending s. 790.115, F.S.; providing that a person
  410         licensed to carry a concealed weapon or concealed
  411         firearm is not prohibited by specified laws from such
  412         carrying on the property of certain institutions;
  413         urging the United States Congress and the President of
  414         the United States to instruct the United States Bureau
  415         of Alcohol, Tobacco, Firearms and Explosives to
  416         revisit and review its rulings relating to bump
  417         stocks; amending s. 790.335, F.S.; conforming a cross
  418         reference; reenacting ss. 943.051(3)(b) and
  419         985.11(1)(b), F.S., both relating to fingerprinting of
  420         a minor for violating specified provisions, to
  421         incorporate the amendment made to s. 790.053, F.S., in
  422         references thereto; providing an effective date.