Florida Senate - 2023                          SENATOR AMENDMENT
       Bill No. CS/HB 543, 1st Eng.
       
       
       
       
       
       
                                Ì611140_Î611140                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 2/F/2R          .                                
             03/29/2023 05:08 PM       .                                
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       Senator Berman moved the following:
       
       
    1         Senate Amendment 
    2  
    3         Delete lines 489 - 561
    4  and insert:
    5  license under s. 790.06(2)(a)-(f) and (h)-(n), (3), and (10).
    6         (2)(1) Except as provided in subsection (5) (3), a person
    7  who does not meet the criteria in subsection (1) is not licensed
    8  under s. 790.06 and who carries a concealed weapon or electric
    9  weapon or device, as those terms are defined in s. 790.001, on
   10  or about his or her person commits a misdemeanor of the first
   11  degree, punishable as provided in s. 775.082 or s. 775.083.
   12         (3)(2) Except as provided in subsection (5) (3), a person
   13  who does not meet the criteria in subsection (1) is not licensed
   14  under s. 790.06 and who carries a concealed firearm, as that
   15  term is defined in s. 790.001, on or about his or her person
   16  commits a felony of the third degree, punishable as provided in
   17  s. 775.082, s. 775.083, or s. 775.084.
   18         (4)In any prosecution for a violation of subsection (2) or
   19  subsection (3), the state bears the burden of proving, as an
   20  element of the offense, both that a person is not licensed under
   21  s. 790.06 and that he or she is ineligible to receive and
   22  maintain such a license under the criteria listed in s.
   23  790.06(2)(a)-(f) and (h)-(n), (3), and (10).
   24         (5)(3)A person does not violate this section if he or she
   25  This section does not apply to:
   26         (a) Is lawfully in possession of A person who carries a
   27  concealed weapon or a concealed firearm, as those terms are
   28  defined in s. 790.001, or a person who may lawfully possess a
   29  firearm and who carries such a concealed weapon or concealed
   30  firearm, on or about his or her person while in the act of
   31  evacuating during a mandatory evacuation order issued during a
   32  state of emergency declared by the Governor pursuant to chapter
   33  252 or declared by a local authority pursuant to chapter 870. As
   34  used in this subsection, the term “in the act of evacuating”
   35  means the immediate and urgent movement of a person away from
   36  the evacuation zone within 48 hours after a mandatory evacuation
   37  is ordered. The 48 hours may be extended by an order issued by
   38  the Governor.
   39         (b) A person who Carries for purposes of lawful self
   40  defense, in a concealed manner:
   41         1. A self-defense chemical spray.
   42         2. A nonlethal stun gun or dart-firing stun gun or other
   43  nonlethal electric weapon or device that is designed solely for
   44  defensive purposes.
   45         (6)(4) This section does not preclude any prosecution for
   46  the use of an electric weapon or device, a dart-firing stun gun,
   47  or a self-defense chemical spray during the commission of any
   48  criminal offense under s. 790.07, s. 790.10, s. 790.23, or s.
   49  790.235, or for any other criminal offense.
   50         Section 6. Section 790.013, Florida Statutes, is created to
   51  read:
   52         790.013Carrying of concealed weapons or concealed firearms
   53  without a license.—A person who carries a concealed weapon or
   54  concealed firearm without a license as authorized under s.
   55  790.01(1)(b):
   56         (1)(a)Must carry valid identification at all times when he
   57  or she is in actual possession of a concealed weapon or
   58  concealed firearm and must display such identification upon
   59  demand by a law enforcement officer.
   60         (b)A violation of this subsection is a noncriminal
   61  violation punishable by a $25 fine, payable to the clerk of the
   62  court.
   63         (2)Is subject to s. 790.06(12) in the same manner as a
   64  person who is licensed to carry a concealed weapon or concealed
   65  firearm.
   66         Section 7. Section 790.015, Florida Statutes, is amended to
   67  read:
   68         790.015 Nonresidents who are United States citizens and
   69  hold a concealed weapons license in another state; reciprocity.—
   70         (1) Notwithstanding s. 790.01, A nonresident of Florida may
   71  carry a concealed weapon or concealed firearm, as that term is
   72  defined in s. 790.06(1), while in this state if the nonresident
   73  is a resident of the United States who is 21 years of age or
   74  older and he or she:
   75         (a)Satisfies the criteria for receiving and maintaining a
   76  license to carry a concealed weapon or concealed firearm under
   77  s. 790.06(2)(a)-(f) and (h)-(n), (3), and (10); or