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The Florida Senate

2004 Florida Statutes

Section 493.6115, Florida Statutes 2004

493.6115  Weapons and firearms.--

(1)  The provisions of this section shall apply to all licensees in addition to the other provisions of this chapter.

(2)  Only Class "C," Class "CC," Class "D," Class "M," Class "MA," or Class "MB" licensees are permitted to bear a firearm and any such licensee who bears a firearm shall also have a Class "G" license.

(3)  No employee shall carry or be furnished a weapon or firearm unless the carrying of a weapon or firearm is required by her or his duties, nor shall an employee carry a weapon or firearm except in connection with those duties. When carried pursuant to this subsection, the weapon or firearm shall be encased in view at all times except as provided in subsection (4).

(4)  A Class "C" or Class "CC" licensee 21 years of age or older who has also been issued a Class "G" license may carry, in the performance of her or his duties, a concealed firearm. A Class "D" licensee 21 years of age or older who has also been issued a Class "G" license may carry a concealed firearm in the performance of her or his duties under the conditions specified in s. 493.6305(2). The Class "G" license shall clearly indicate such authority. The authority of any such licensee to carry a concealed firearm shall be valid throughout the state, in any location, while performing services within the scope of the license.

(5)  The Class "G" license shall remain in effect only during the period the applicant is employed as a Class "C," Class "CC," Class "D," Class "MA," Class "MB," or Class "M" licensee.

(6)  Unless otherwise approved by the department, the only firearm a Class "CC," Class "D," Class "M," or Class "MB" licensee who has been issued a Class "G" license may carry is a .38 or .357 caliber revolver with factory .38 caliber ammunition only. In addition to any other firearm approved by the department, a Class "C" or Class "MA" licensee who has been issued a Class "G" license may carry a .38 caliber revolver; or a .380 caliber or 9 millimeter semiautomatic pistol; or a .357 caliber revolver with .38 caliber ammunition only. A Class "C" licensee who also holds a Class "D" license, and who has been issued a Class "G" license, may carry a 9 millimeter semiautomatic pistol while performing security-related services. No licensee may carry more than two firearms upon her or his person when performing her or his duties. A licensee may only carry a firearm of the specific type and caliber with which she or he is qualified pursuant to the firearms training referenced in subsection (8) or s. 493.6113(3)(b).

(7)  Any person who provides classroom and range instruction to applicants for Class "G" licensure shall have a Class "K" license.

(8)  A Class "G" applicant must satisfy the minimum training criteria as set forth in s. 493.6105(6) and as established by rule of the department.

(9)  Whenever a Class "G" licensee discharges her or his firearm in the course of her or his duties, the Class "G" licensee and the agency by which she or he is employed shall, within 5 working days, submit to the department an explanation describing the nature of the incident, the necessity for using the firearm, and a copy of any report prepared by a law enforcement agency. The department may revoke or suspend the Class "G" licensee's license and the licensed agency's agency license if this requirement is not met.

(10)  The department may promulgate rules to establish minimum standards to issue licenses for weapons other than firearms.

(11)  The department may establish rules to require periodic classroom training for firearms instructors to provide updated information relative to curriculum or other training requirements provided by statute or rule.

(12)  The department may issue a temporary Class "G" license, on a case-by-case basis, if:

(a)  The agency or employer has certified that the applicant has been determined to be mentally and emotionally stable by either:

1.  A validated written psychological test taken within the previous 12-month period.

2.  An evaluation by a psychiatrist or psychologist licensed in this state or by the Federal Government made within the previous 12-month period.

3.  Presentation of a DD form 214, issued within the previous 12-month period, which establishes the absence of emotional or mental instability at the time of discharge from military service.

(b)  The applicant has submitted a complete application for a Class "G" license, with a notation that she or he is seeking a temporary Class "G" license.

(c)  The applicant has completed all Class "G" minimum training requirements as specified in this section.

(d)  The applicant has received approval from the department subsequent to its conduct of a criminal history record check as authorized in s. 493.6121(6).

(13)  In addition to other fees, the department may charge a fee, not to exceed $25, for processing a Class "G" license application as a temporary Class "G" license request.

(14)  Upon issuance of the temporary Class "G" license, the licensee is subject to all of the requirements imposed upon Class "G" licensees.

(15)  The temporary Class "G" license is valid until the Class "G" license is issued or denied. If the department denies the Class "G" license, any temporary Class "G" license issued to that individual is void, and the individual shall be removed from armed duties immediately.

(16)  If the criminal history record check program referenced in s. 493.6121(6) is inoperable, the department may issue a temporary "G" license on a case-by-case basis, provided that the applicant has met all statutory requirements for the issuance of a temporary "G" license as specified in subsection (12), excepting the criminal history record check stipulated there; provided, that the department requires that the licensed employer of the applicant conduct a criminal history record check of the applicant pursuant to standards set forth in rule by the department, and provide to the department an affidavit containing such information and statements as required by the department, including a statement that the criminal history record check did not indicate the existence of any criminal history that would prohibit licensure. Failure to properly conduct such a check, or knowingly providing incorrect or misleading information or statements in the affidavit shall constitute grounds for disciplinary action against the licensed agency, including revocation of license.

(17)  No person is exempt from the requirements of this section by virtue of holding a concealed weapon or concealed firearm license issued pursuant to s. 790.06

History.--ss. 2, 11, ch. 90-364; s. 7, ch. 91-248; s. 4, ch. 91-429; s. 7, ch. 94-172; s. 533, ch. 97-103; s. 5, ch. 97-248.