Florida Senate - 2021                                    SB 1580
       
       
        
       By Senator Jones
       
       
       
       
       
       35-00923A-21                                          20211580__
    1                        A bill to be entitled                      
    2         An act relating to licenses to carry concealed weapons
    3         or firearms; amending s. 790.06, F.S.; reducing the
    4         term and fee of a license to carry a concealed weapon
    5         or firearm; specifying that experience with a firearm
    6         through military service in the United States Armed
    7         Forces meets the requirement of demonstrating
    8         competence with a firearm; requiring the retention of
    9         fingerprints in specified systems; revising the
   10         required notice by the department to licensees before
   11         the expiration date of their licenses to include
   12         electronic notice; requiring renewing licensees to
   13         submit a full set of fingerprints and the personal
   14         identifying information required by federal law;
   15         requiring a licensee, upon each renewal, to provide
   16         proof of completion of a firearms training or safety
   17         course or class meeting specified requirements;
   18         requiring instructors to maintain certain records;
   19         providing an effective date.
   20  
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Subsections (1) and (2), paragraphs (b) and (c)
   24  of subsection (5), and subsection (11) of section 790.06,
   25  Florida Statutes, are amended to read:
   26         790.06 License to carry concealed weapon or firearm.—
   27         (1) The Department of Agriculture and Consumer Services is
   28  authorized to issue licenses to carry concealed weapons or
   29  concealed firearms to persons qualified as provided in this
   30  section. Each such license must bear a color photograph of the
   31  licensee. For the purposes of this section, concealed weapons or
   32  concealed firearms are defined as a handgun, electronic weapon
   33  or device, tear gas gun, knife, or billie, but the term does not
   34  include a machine gun as defined in s. 790.001(9). Such licenses
   35  shall be valid throughout the state for a period of 5 7 years
   36  from the date of issuance. Any person in compliance with the
   37  terms of such license may carry a concealed weapon or concealed
   38  firearm notwithstanding the provisions of s. 790.01. The
   39  licensee must carry the license, together with valid
   40  identification, at all times in which the licensee is in actual
   41  possession of a concealed weapon or firearm and must display
   42  both the license and proper identification upon demand by a law
   43  enforcement officer. Violations of the provisions of this
   44  subsection shall constitute a noncriminal violation with a
   45  penalty of $25, payable to the clerk of the court.
   46         (2) The Department of Agriculture and Consumer Services
   47  shall issue a license if the applicant:
   48         (a) Is a resident of the United States and a citizen of the
   49  United States or a permanent resident alien of the United
   50  States, as determined by the United States Bureau of Citizenship
   51  and Immigration Services, or is a consular security official of
   52  a foreign government that maintains diplomatic relations and
   53  treaties of commerce, friendship, and navigation with the United
   54  States and is certified as such by the foreign government and by
   55  the appropriate embassy in this country;
   56         (b) Is 21 years of age or older;
   57         (c) Does not suffer from a physical infirmity which
   58  prevents the safe handling of a weapon or firearm;
   59         (d) Is not ineligible to possess a firearm pursuant to s.
   60  790.23 by virtue of having been convicted of a felony;
   61         (e) Has not been:
   62         1. Found guilty of a crime under the provisions of chapter
   63  893 or similar laws of any other state relating to controlled
   64  substances within a 3-year period immediately preceding the date
   65  on which the application is submitted; or
   66         2. Committed for the abuse of a controlled substance under
   67  chapter 397 or under the provisions of former chapter 396 or
   68  similar laws of any other state. An applicant who has been
   69  granted relief from firearms disabilities pursuant to s.
   70  790.065(2)(a)4.d. or pursuant to the law of the state in which
   71  the commitment occurred is deemed not to be committed for the
   72  abuse of a controlled substance under this subparagraph;
   73         (f) Does not chronically and habitually use alcoholic
   74  beverages or other substances to the extent that his or her
   75  normal faculties are impaired. It shall be presumed that an
   76  applicant chronically and habitually uses alcoholic beverages or
   77  other substances to the extent that his or her normal faculties
   78  are impaired if the applicant has been convicted under s.
   79  790.151 or has been deemed a habitual offender under s.
   80  856.011(3), or has had two or more convictions under s. 316.193
   81  or similar laws of any other state, within the 3-year period
   82  immediately preceding the date on which the application is
   83  submitted;
   84         (g) Desires a legal means to carry a concealed weapon or
   85  firearm for lawful self-defense;
   86         (h) Demonstrates competence with a firearm by any one of
   87  the following:
   88         1. Completion of any hunter education or hunter safety
   89  course approved by the Fish and Wildlife Conservation Commission
   90  or a similar agency of another state;
   91         2. Completion of any National Rifle Association firearms
   92  safety or training course;
   93         3. Completion of any firearms safety or training course or
   94  class available to the general public offered by a law
   95  enforcement agency, junior college, college, or private or
   96  public institution or organization or firearms training school,
   97  using instructors certified by the National Rifle Association,
   98  Criminal Justice Standards and Training Commission, or the
   99  Department of Agriculture and Consumer Services;
  100         4. Completion of any law enforcement firearms safety or
  101  training course or class offered for security guards,
  102  investigators, special deputies, or any division or subdivision
  103  of a law enforcement agency or security enforcement;
  104         5. Presents evidence of equivalent experience with a
  105  firearm through participation in organized shooting competition
  106  or military service in the United States Armed Forces;
  107         6. Is licensed or has been licensed to carry a firearm in
  108  this state or a county or municipality of this state, unless
  109  such license has been revoked for cause; or
  110         7. Completion of any firearms training or safety course or
  111  class conducted by a state-certified or National Rifle
  112  Association certified firearms instructor;
  113  
  114  A photocopy of a certificate of completion of any of the courses
  115  or classes; an affidavit from the instructor, school, club,
  116  organization, or group that conducted or taught such course or
  117  class attesting to the completion of the course or class by the
  118  applicant; or a copy of any document that shows completion of
  119  the course or class or evidences participation in firearms
  120  competition shall constitute evidence of qualification under
  121  this paragraph. A person who conducts a course pursuant to
  122  subparagraph 2., subparagraph 3., or subparagraph 7., or who, as
  123  an instructor, attests to the completion of such courses, must
  124  maintain records certifying that he or she observed the student
  125  safely handle and discharge the firearm in his or her physical
  126  presence and that the discharge of the firearm included live
  127  fire using a firearm and ammunition as defined in s. 790.001;
  128         (i) Has not been adjudicated an incapacitated person under
  129  s. 744.331, or similar laws of any other state. An applicant who
  130  has been granted relief from firearms disabilities pursuant to
  131  s. 790.065(2)(a)4.d. or pursuant to the law of the state in
  132  which the adjudication occurred is deemed not to have been
  133  adjudicated an incapacitated person under this paragraph;
  134         (j) Has not been committed to a mental institution under
  135  chapter 394, or similar laws of any other state. An applicant
  136  who has been granted relief from firearms disabilities pursuant
  137  to s. 790.065(2)(a)4.d. or pursuant to the law of the state in
  138  which the commitment occurred is deemed not to have been
  139  committed in a mental institution under this paragraph;
  140         (k) Has not had adjudication of guilt withheld or
  141  imposition of sentence suspended on any felony unless 3 years
  142  have elapsed since probation or any other conditions set by the
  143  court have been fulfilled, or expunction has occurred;
  144         (l) Has not had adjudication of guilt withheld or
  145  imposition of sentence suspended on any misdemeanor crime of
  146  domestic violence unless 3 years have elapsed since probation or
  147  any other conditions set by the court have been fulfilled, or
  148  the record has been expunged;
  149         (m) Has not been issued an injunction that is currently in
  150  force and effect and that restrains the applicant from
  151  committing acts of domestic violence or acts of repeat violence;
  152  and
  153         (n) Is not prohibited from purchasing or possessing a
  154  firearm by any other provision of Florida or federal law.
  155         (5) The applicant shall submit to the Department of
  156  Agriculture and Consumer Services or an approved tax collector
  157  pursuant to s. 790.0625:
  158         (b) A nonrefundable license fee of up to $40 $55 if he or
  159  she has not previously been issued a statewide license or of up
  160  to $35 $45 for renewal of a statewide license. The cost of
  161  processing fingerprints as required in paragraph (c) shall be
  162  borne by the applicant. However, an individual holding an active
  163  certification from the Criminal Justice Standards and Training
  164  Commission as a law enforcement officer, correctional officer,
  165  or correctional probation officer as defined in s. 943.10(1),
  166  (2), (3), (6), (7), (8), or (9) is exempt from the licensing
  167  requirements of this section. If such individual wishes to
  168  receive a concealed weapon or firearm license, he or she is
  169  exempt from the background investigation and all background
  170  investigation fees but must pay the current license fees
  171  regularly required to be paid by nonexempt applicants. Further,
  172  a law enforcement officer, a correctional officer, or a
  173  correctional probation officer as defined in s. 943.10(1), (2),
  174  or (3) is exempt from the required fees and background
  175  investigation for 1 year after his or her retirement.
  176         (c) A full set of fingerprints of the applicant
  177  administered by a law enforcement agency or the Division of
  178  Licensing of the Department of Agriculture and Consumer Services
  179  or an approved tax collector pursuant to s. 790.0625 together
  180  with any personal identifying information required by federal
  181  law to process fingerprints. Fingerprints must be retained by
  182  the statewide automated biometric identification system under s.
  183  943.05(2)(b) and by the federal fingerprint retention system
  184  under s. 943.05(4) once the program is in effect. Charges for
  185  fingerprint services under this paragraph are not subject to the
  186  sales tax on fingerprint services imposed in s. 212.05(1)(i).
  187         (11)(a) At least 90 days before the expiration date of the
  188  license, the Department of Agriculture and Consumer Services
  189  shall provide mail to each licensee a written notice of the
  190  expiration electronically or in writing and the appropriate a
  191  renewal form prescribed by the department of Agriculture and
  192  Consumer Services. The licensee must renew his or her license on
  193  or before the expiration date by submitting to filing with the
  194  department of Agriculture and Consumer Services the renewal form
  195  containing an affidavit submitted under oath and under penalty
  196  of perjury stating that the licensee remains qualified pursuant
  197  to the criteria specified in subsections (2) and (3), a color
  198  photograph as specified in paragraph (5)(e), a complete set of
  199  fingerprints, and the required renewal fee. A renewing licensee
  200  whose fingerprints are not currently retained in the statewide
  201  automated biometric identification system under s. 943.05(2)(b)
  202  must submit a full set of fingerprints administered by a law
  203  enforcement agency or the Division of Licensing of the
  204  Department of Agriculture and Consumer Services or an approved
  205  tax collector pursuant to s. 790.0625, together with any
  206  personal identifying information required by federal law Out-of
  207  state residents must also submit a complete set of fingerprints
  208  and fingerprint processing fee. The license shall be renewed
  209  upon receipt of the completed renewal form, color photograph,
  210  fingerprints, and appropriate payment of fees, and, if
  211  applicable, fingerprints. Additionally, a licensee who fails to
  212  file a renewal application on or before its expiration date must
  213  renew his or her license by paying a late fee of $15. A license
  214  may not be renewed 180 days or more after its expiration date,
  215  and such a license is deemed to be permanently expired. A person
  216  whose license has been permanently expired may reapply for
  217  licensure; however, an application for licensure and fees under
  218  subsection (5) must be submitted, and a background investigation
  219  shall be conducted pursuant to this section. A person who
  220  knowingly files false information under this subsection is
  221  subject to criminal prosecution under s. 837.06.
  222         (b)1.Upon each renewal, a licensee must provide proof of
  223  completion of a firearms training or safety course or class at
  224  least 8 hours in length taught by a state, county, or municipal
  225  law enforcement agency or a nationally recognized organization
  226  that promotes gun safety. Completion of the training, course, or
  227  class must occur during the 6 months immediately before the
  228  license expiration date and must include:
  229         a.Information on the statutory and case law of this state
  230  relating to handguns and to the use of deadly force.
  231         b.Information on handgun use and safety.
  232         c.Information on the proper storage practices for handguns
  233  with an emphasis on storage practices that reduce the
  234  possibility of accidental injury to a child.
  235         d.The actual firing of the handgun with ammunition, as
  236  defined in s. 790.001(19), by the licensee in the presence of
  237  the instructor.
  238         2.A photocopy of a certificate of completion with an
  239  affidavit from the instructor who conducted or taught such
  240  course or class attesting to the completion by the renewing
  241  licensee and the length of the course or class shall constitute
  242  evidence of qualification under this paragraph.
  243  
  244  An instructor who conducts a course or class and attests to its
  245  completion must maintain records certifying that all the
  246  requirements for hours and training components in this paragraph
  247  were met and that the instructor observed the licensee safely
  248  handle and discharge the firearm in the instructor’s physical
  249  presence and that the discharge of the firearm included live
  250  fire using a handgun and ammunition as defined in s.
  251  790.001(19).
  252         (c)(b) A license issued to a servicemember, as defined in
  253  s. 250.01, is subject to paragraph (a); however, such a license
  254  does not expire while the servicemember is serving on military
  255  orders that have taken him or her over 35 miles from his or her
  256  residence and shall be extended, as provided in this paragraph,
  257  for up to 180 days after his or her return to such residence. If
  258  the license renewal requirements in paragraph (a) are met within
  259  the 180-day extension period, the servicemember may not be
  260  charged any additional costs, such as, but not limited to, late
  261  fees or delinquency fees, above the normal license fees. The
  262  servicemember must present to the Department of Agriculture and
  263  Consumer Services a copy of his or her official military orders
  264  or a written verification from the member’s commanding officer
  265  before the end of the 180-day period in order to qualify for the
  266  extension.
  267         Section 2. This act shall take effect January 1, 2022.