CODING: Words stricken are deletions; words underlined are additions.



                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2072

    Amendment No. ___   Barcode 902102

                            CHAMBER ACTION
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10  ______________________________________________________________

11  Senator Garcia moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 6, between lines 5 and 6,

15

16  insert:

17         Section 1.  Effective January 3, 2003, pursuant to

18  section 20.06(2), Florida Statutes, the Division of Licensing

19  of the Department of State is transferred by a type two

20  transfer to the Department of Agriculture and Consumer

21  Services and reestablished as a division within that

22  department. Notwithstanding the provisions of section

23  20.06(2)(b), Florida Statutes, the Commissioner of Agriculture

24  is not authorized to reconfigure the division or its units or

25  subunits, or to modify its structure, duties, programs,

26  activities, or functions, or to reassign any funds from any

27  trust fund supporting those duties, programs, activities, or

28  functions.

29         Section 2.  Effective January 3, 2003, subsection (2)

30  of section 20.10, Florida Statutes, is amended to read:

31         20.10  Department of State.--There is created a

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2072

    Amendment No. ___   Barcode 902102





  1  Department of State.

  2         (2)  The following divisions of the Department of State

  3  are established:

  4         (a)  Division of Elections.

  5         (b)  Division of Historical Resources.

  6         (c)  Division of Corporations.

  7         (d)  Division of Library and Information Services.

  8         (e)  Division of Licensing.

  9         (e)(f)  Division of Cultural Affairs.

10         (f)(g)  Division of Administration.

11         Section 3.  Effective January 3, 2003, subsection (2)

12  of section 20.14, Florida Statutes, is amended to read:

13         20.14  Department of Agriculture and Consumer

14  Services.--There is created a Department of Agriculture and

15  Consumer Services.

16         (2)  The following divisions of the Department of

17  Agriculture and Consumer Services are established:

18         (a)  Administration.

19         (b)  Agricultural Environmental Services.

20         (c)  Animal Industry.

21         (d)  Aquaculture.

22         (e)  Consumer Services.

23         (f)  Dairy Industry.

24         (g)  Food Safety.

25         (h)  Forestry.

26         (i)  Fruit and Vegetables.

27         (j)  Licensing.

28         (k)(j)  Marketing and Development.

29         (l)(k)  Plant Industry.

30         (m)(l)  Standards.

31         Section 4.  Effective January 3, 2003, subsection (1)

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                                                  SENATE AMENDMENT

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    Amendment No. ___   Barcode 902102





  1  of section 493.6101, Florida Statutes, is amended to read:

  2         493.6101  Definitions.--

  3         (1)  "Department" means the Department of Agriculture

  4  and Consumer Services State.

  5         Section 5.  Effective January 3, 2003, subsection (2)

  6  of section 493.6104, Florida Statutes, is amended to read:

  7         493.6104  Advisory council.--

  8         (2)  Council members shall be appointed by the

  9  Commissioner of Agriculture Secretary of State for a 4-year

10  term.  In the event of an appointment to fill an unexpired

11  term, the appointment shall be for no longer than the

12  remainder of the unexpired term. No member may serve more than

13  two full consecutive terms. Members may be removed by the

14  Commissioner of Agriculture Secretary of State for cause.

15  Cause shall include, but is not limited to, absences from two

16  consecutive meetings.

17         Section 6.  Effective January 3, 2003, section

18  493.6108, Florida Statutes, is amended to read:

19         493.6108  Investigation of applicants by Department of

20  Agriculture and Consumer Services State.--

21         (1)  Except as otherwise provided, prior to the

22  issuance of a license under this chapter, the department shall

23  make an investigation of the applicant for a license.  The

24  investigation shall include:

25         (a)1.  An examination of fingerprint records and police

26  records. When a criminal history analysis of any applicant

27  under this chapter is performed by means of fingerprint card

28  identification, the time limitations prescribed by s.

29  120.60(1) shall be tolled during the time the applicant's

30  fingerprint card is under review by the Department of Law

31  Enforcement or the United States Department of Justice,

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                                                  SENATE AMENDMENT

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    Amendment No. ___   Barcode 902102





  1  Federal Bureau of Investigation.

  2         2.  If a legible set of fingerprints, as determined by

  3  the Department of Law Enforcement or the Federal Bureau of

  4  Investigation, cannot be obtained after two attempts, the

  5  Department of Agriculture and Consumer Services State may

  6  determine the applicant's eligibility based upon a criminal

  7  history record check under the applicant's name conducted by

  8  the Department of Law Enforcement and the Federal Bureau of

  9  Investigation. A set of fingerprints taken by a law

10  enforcement agency and a written statement signed by the

11  fingerprint technician or a licensed physician stating that

12  there is a physical condition that precludes obtaining a

13  legible set of fingerprints or that the fingerprints taken are

14  the best that can be obtained is sufficient to meet this

15  requirement.

16         (b)  An inquiry to determine if the applicant has been

17  adjudicated incompetent under chapter 744 or has been

18  committed to a mental institution under chapter 394.

19         (c)  Such other investigation of the individual as the

20  department may deem necessary.

21         (2)  In addition to subsection (1), the department

22  shall make an investigation of the general physical fitness of

23  the Class "G" applicant to bear a weapon or firearm.

24  Determination of physical fitness shall be certified by a

25  physician currently licensed pursuant to chapter 458, chapter

26  459, or any similar law of another state or authorized to act

27  as a licensed physician by a federal agency or department.

28  Such certification shall be submitted on a form provided by

29  the department.

30         (3)  The department shall also investigate the mental

31  history and current mental and emotional fitness of any Class

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                                                  SENATE AMENDMENT

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    Amendment No. ___   Barcode 902102





  1  "G" applicant, and may deny a Class "G" license to anyone who

  2  has a history of mental illness or drug or alcohol abuse.

  3         Section 7.  Effective January 3, 2003, subsection (2)

  4  of section 493.6109, Florida Statutes, is amended to read:

  5         493.6109  Reciprocity.--

  6         (2)  The rules authorized in subsection (1) may be

  7  promulgated only if:

  8         (a)  The other state or territory has requirements

  9  which are substantially similar to or greater than those

10  established in this chapter.

11         (b)  The applicant has engaged in licensed activities

12  for at least 1 year in the other state or territory with no

13  disciplinary action against him or her.

14         (c)  The Commissioner of Agriculture Secretary of State

15  or other appropriate authority of the other state or territory

16  agrees to accept service of process for those licensees who

17  are operating in this state on a temporary basis.

18         Section 8.  Effective January 3, 2003, section

19  493.6112, Florida Statutes, is amended to read:

20         493.6112  Notification to Department of Agriculture and

21  Consumer Services State of changes of partner or officer or

22  employees.--

23         (1)  After filing the application, unless the

24  department declines to issue the license or revokes it after

25  issuance, an agency or school shall, within 5 working days of

26  the withdrawal, removal, replacement, or addition of any or

27  all partners or officers, notify and file with the department

28  complete applications for such individuals.  The agency's or

29  school's good standing under this chapter shall be contingent

30  upon the department's approval of any new partner or officer.

31         (2)  Each agency or school shall, upon the employment

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                                                  SENATE AMENDMENT

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    Amendment No. ___   Barcode 902102





  1  or termination of employment of a licensee, report such

  2  employment or termination immediately to the department and,

  3  in the case of a termination, report the reason or reasons

  4  therefor.  The report shall be on a form prescribed by the

  5  department.

  6         Section 9.  Effective January 3, 2003, subsection (7)

  7  of section 493.6121, Florida Statutes, is amended to read:

  8         493.6121  Enforcement; investigation.--

  9         (7)  The Department of Legal Affairs shall represent

10  the Department of Agriculture and Consumer Services State in

11  judicial proceedings seeking enforcement of this chapter, or

12  upon an action by any party seeking redress against the

13  department, and shall coordinate with the department in the

14  conduct of any investigations incident to its legal

15  responsibility.

16         Section 10.  Effective January 3, 2003, section 790.06,

17  Florida Statutes, is amended to read:

18         790.06  License to carry concealed weapon or firearm.--

19         (1)  The Department of Agriculture and Consumer

20  Services State is authorized to issue licenses to carry

21  concealed weapons or concealed firearms to persons qualified

22  as provided in this section. Each such license must bear a

23  color photograph of the licensee. For the purposes of this

24  section, concealed weapons or concealed firearms are defined

25  as a handgun, electronic weapon or device, tear gas gun,

26  knife, or billie, but the term does not include a machine gun

27  as defined in s. 790.001(9). Such licenses shall be valid

28  throughout the state for a period of 5 years from the date of

29  issuance. Any person in compliance with the terms of such

30  license may carry a concealed weapon or concealed firearm

31  notwithstanding the provisions of s. 790.01. The licensee must

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                                                  SENATE AMENDMENT

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    Amendment No. ___   Barcode 902102





  1  carry the license, together with valid identification, at all

  2  times in which the licensee is in actual possession of a

  3  concealed weapon or firearm and must display both the license

  4  and proper identification upon demand by a law enforcement

  5  officer. Violations of the provisions of this subsection shall

  6  constitute a noncriminal violation with a penalty of $25,

  7  payable to the clerk of the court.

  8         (2)  The Department of Agriculture and Consumer

  9  Services State shall issue a license if the applicant:

10         (a)  Is a resident of the United States or is a

11  consular security official of a foreign government that

12  maintains diplomatic relations and treaties of commerce,

13  friendship, and navigation with the United States and is

14  certified as such by the foreign government and by the

15  appropriate embassy in this country;

16         (b)  Is 21 years of age or older;

17         (c)  Does not suffer from a physical infirmity which

18  prevents the safe handling of a weapon or firearm;

19         (d)  Is not ineligible to possess a firearm pursuant to

20  s. 790.23 by virtue of having been convicted of a felony;

21         (e)  Has not been committed for the abuse of a

22  controlled substance or been found guilty of a crime under the

23  provisions of chapter 893 or similar laws of any other state

24  relating to controlled substances within a 3-year period

25  immediately preceding the date on which the application is

26  submitted;

27         (f)  Does not chronically and habitually use alcoholic

28  beverages or other substances to the extent that his or her

29  normal faculties are impaired. It shall be presumed that an

30  applicant chronically and habitually uses alcoholic beverages

31  or other substances to the extent that his or her normal

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                                                  SENATE AMENDMENT

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    Amendment No. ___   Barcode 902102





  1  faculties are impaired if the applicant has been committed

  2  under chapter 397 or under the provisions of former chapter

  3  396 or has been convicted under s. 790.151 or has been deemed

  4  a habitual offender under s. 856.011(3), or has had two or

  5  more convictions under s. 316.193 or similar laws of any other

  6  state, within the 3-year period immediately preceding the date

  7  on which the application is submitted;

  8         (g)  Desires a legal means to carry a concealed weapon

  9  or firearm for lawful self-defense;

10         (h)  Demonstrates competence with a firearm by any one

11  of the following:

12         1.  Completion of any hunter education or hunter safety

13  course approved by the Fish and Wildlife Conservation

14  Commission or a similar agency of another state;

15         2.  Completion of any National Rifle Association

16  firearms safety or training course;

17         3.  Completion of any firearms safety or training

18  course or class available to the general public offered by a

19  law enforcement, junior college, college, or private or public

20  institution or organization or firearms training school,

21  utilizing instructors certified by the National Rifle

22  Association, Criminal Justice Standards and Training

23  Commission, or the Department of State;

24         4.  Completion of any law enforcement firearms safety

25  or training course or class offered for security guards,

26  investigators, special deputies, or any division or

27  subdivision of law enforcement or security enforcement;

28         5.  Presents evidence of equivalent experience with a

29  firearm through participation in organized shooting

30  competition or military service;

31         6.  Is licensed or has been licensed to carry a firearm

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                                                  SENATE AMENDMENT

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    Amendment No. ___   Barcode 902102





  1  in this state or a county or municipality of this state,

  2  unless such license has been revoked for cause; or

  3         7.  Completion of any firearms training or safety

  4  course or class conducted by a state-certified or National

  5  Rifle Association certified firearms instructor;

  6

  7  A photocopy of a certificate of completion of any of the

  8  courses or classes; or an affidavit from the instructor,

  9  school, club, organization, or group that conducted or taught

10  said course or class attesting to the completion of the course

11  or class by the applicant; or a copy of any document which

12  shows completion of the course or class or evidences

13  participation in firearms competition shall constitute

14  evidence of qualification under this paragraph; any person who

15  conducts a course pursuant to subparagraph 2., subparagraph

16  3., or subparagraph 7., or who, as an instructor, attests to

17  the completion of such courses, must maintain records

18  certifying that he or she observed the student safely handle

19  and discharge the firearm;

20         (i)  Has not been adjudicated an incapacitated person

21  under s. 744.331, or similar laws of any other state, unless 5

22  years have elapsed since the applicant's restoration to

23  capacity by court order;

24         (j)  Has not been committed to a mental institution

25  under chapter 394, or similar laws of any other state, unless

26  the applicant produces a certificate from a licensed

27  psychiatrist that he or she has not suffered from disability

28  for at least 5 years prior to the date of submission of the

29  application;

30         (k)  Has not had adjudication of guilt withheld or

31  imposition of sentence suspended on any felony or misdemeanor

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    Amendment No. ___   Barcode 902102





  1  crime of domestic violence unless 3 years have elapsed since

  2  probation or any other conditions set by the court have been

  3  fulfilled, or the record has been sealed or expunged;

  4         (l)  Has not been issued an injunction that is

  5  currently in force and effect and that restrains the applicant

  6  from committing acts of domestic violence or acts of repeat

  7  violence; and

  8         (m)  Is not prohibited from purchasing or possessing a

  9  firearm by any other provision of Florida or federal law.

10         (3)  The Department of Agriculture and Consumer

11  Services State shall deny a license if the applicant has been

12  found guilty of, had adjudication of guilt withheld for, or

13  had imposition of sentence suspended for one or more crimes of

14  violence constituting a misdemeanor, unless 3 years have

15  elapsed since probation or any other conditions set by the

16  court have been fulfilled or the record has been sealed or

17  expunged. The Department of Agriculture and Consumer Services

18  State shall revoke a license if the licensee has been found

19  guilty of, had adjudication of guilt withheld for, or had

20  imposition of sentence suspended for one or more crimes of

21  violence within the preceding 3 years.  The department shall,

22  upon notification by a law enforcement agency, a court, or the

23  Florida Department of Law Enforcement and subsequent written

24  verification, suspend a license or the processing of an

25  application for a license if the licensee or applicant is

26  arrested or formally charged with a crime that would

27  disqualify such person from having a license under this

28  section, until final disposition of the case. The department

29  shall suspend a license or the processing of an application

30  for a license if the licensee or applicant is issued an

31  injunction that restrains the licensee or applicant from

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                                                  SENATE AMENDMENT

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    Amendment No. ___   Barcode 902102





  1  committing acts of domestic violence or acts of repeat

  2  violence.

  3         (4)  The application shall be completed, under oath, on

  4  a form promulgated by the Department of Agriculture and

  5  Consumer Services State and shall include:

  6         (a)  The name, address, place and date of birth, race,

  7  and occupation of the applicant;

  8         (b)  A statement that the applicant is in compliance

  9  with criteria contained within subsections (2) and (3);

10         (c)  A statement that the applicant has been furnished

11  a copy of this chapter and is knowledgeable of its provisions;

12         (d)  A conspicuous warning that the application is

13  executed under oath and that a false answer to any question,

14  or the submission of any false document by the applicant,

15  subjects the applicant to criminal prosecution under s.

16  837.06; and

17         (e)  A statement that the applicant desires a concealed

18  weapon or firearms license as a means of lawful self-defense.

19         (5)  The applicant shall submit to the Department of

20  Agriculture and Consumer Services State:

21         (a)  A completed application as described in subsection

22  (4).

23         (b)  A nonrefundable license fee not to exceed $85, if

24  he or she has not previously been issued a statewide license,

25  or a nonrefundable license fee not to exceed $70 for renewal

26  of a statewide license. Costs for processing the set of

27  fingerprints as required in paragraph (c) shall be borne by

28  the applicant. However, an individual holding an active

29  certification from the Criminal Justice Standards and Training

30  Commission as a "law enforcement officer," "correctional

31  officer," or "correctional probation officer" as defined in s.

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                                                  SENATE AMENDMENT

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    Amendment No. ___   Barcode 902102





  1  943.10(1), (2), (3), (6), (7), (8), or (9) is exempt from the

  2  licensing requirements of this section.  If any individual

  3  holding an active certification from the Criminal Justice

  4  Standards and Training Commission as a "law enforcement

  5  officer," a "correctional officer," or a "correctional

  6  probation officer" as defined in s.  943.10(1), (2), (3), (6),

  7  (7), (8), or (9) wishes to receive a concealed weapons or

  8  firearms license, such person is exempt from the background

  9  investigation and all background investigation fees, but shall

10  pay the current license fees regularly required to be paid by

11  nonexempt applicants. Further, a law enforcement officer, a

12  correctional officer, or a correctional probation officer as

13  defined in s. 943.10(1), (2), or (3) is exempt from the

14  required fees and background investigation for a period of 1

15  year subsequent to the date of retirement of said officer as a

16  law enforcement officer, a correctional officer, or a

17  correctional probation officer.

18         (c)  A full set of fingerprints of the applicant

19  administered by a law enforcement agency.

20         (d)  A photocopy of a certificate or an affidavit or

21  document as described in paragraph (2)(h).

22         (e)  A full frontal view color photograph of the

23  applicant taken within the preceding 30 days, in which the

24  head, including hair, measures  7/8  of an inch wide and 1 1/8

25   inches high.

26         (6)(a)  The Department of Agriculture and Consumer

27  Services State, upon receipt of the items listed in subsection

28  (5), shall forward the full set of fingerprints of the

29  applicant to the Department of Law Enforcement for state and

30  federal processing, provided the federal service is available,

31  to be processed for any criminal justice information as

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  1  defined in s. 943.045. The cost of processing such

  2  fingerprints shall be payable to the Department of Law

  3  Enforcement by the Department of Agriculture and Consumer

  4  Services State.

  5         (b)  The sheriff's office shall provide fingerprinting

  6  service if requested by the applicant and may charge a fee not

  7  to exceed $5 for this service.

  8         (c)  The Department of Agriculture and Consumer

  9  Services State shall, within 90 days after the date of receipt

10  of the items listed in subsection (5):

11         1.  Issue the license; or

12         2.  Deny the application based solely on the ground

13  that the applicant fails to qualify under the criteria listed

14  in subsection (2) or subsection (3).  If the Department of

15  Agriculture and Consumer Services State denies the

16  application, it shall notify the applicant in writing, stating

17  the ground for denial and informing the applicant of any right

18  to a hearing pursuant to chapter 120.

19         3.  In the event the department receives criminal

20  history information with no final disposition on a crime which

21  may disqualify the applicant, the time limitation prescribed

22  by this paragraph may be suspended until receipt of the final

23  disposition or proof of restoration of civil and firearm

24  rights.

25         (d)  In the event a legible set of fingerprints, as

26  determined by the Department of Agriculture and Consumer

27  Services State or the Federal Bureau of Investigation, cannot

28  be obtained after two attempts, the Department of Agriculture

29  and Consumer Services State shall determine eligibility based

30  upon the name checks conducted by the Florida Department of

31  Law Enforcement.

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  1         (e)  A consular security official of a foreign

  2  government that maintains diplomatic relations and treaties of

  3  commerce, friendship, and navigation with the United States

  4  and is certified as such by the foreign government and by the

  5  appropriate embassy in this country must be issued a license

  6  within 20 days after the date of the receipt of a completed

  7  application, certification document, color photograph as

  8  specified in paragraph (5)(e), and a nonrefundable license fee

  9  of $300. Consular security official licenses shall be valid

10  for 1 year and may be renewed upon completion of the

11  application process as provided in this section.

12         (7)  The Department of Agriculture and Consumer

13  Services State shall maintain an automated listing of

14  licenseholders and pertinent information, and such information

15  shall be available on-line, upon request, at all times to all

16  law enforcement agencies through the Florida Crime Information

17  Center.

18         (8)  Within 30 days after the changing of a permanent

19  address, or within 30 days after having a license lost or

20  destroyed, the licensee shall notify the Department of

21  Agriculture and Consumer Services State of such change.

22  Failure to notify the Department of Agriculture and Consumer

23  Services State pursuant to the provisions of this subsection

24  shall constitute a noncriminal violation with a penalty of

25  $25.

26         (9)  In the event that a concealed weapon or firearm

27  license is lost or destroyed, the license shall be

28  automatically invalid, and the person to whom the same was

29  issued may, upon payment of $15 to the Department of

30  Agriculture and Consumer Services State, obtain a duplicate,

31  or substitute thereof, upon furnishing a notarized statement

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  1  to the Department of Agriculture and Consumer Services State

  2  that such license has been lost or destroyed.

  3         (10)  A license issued under this section shall be

  4  suspended or revoked pursuant to chapter 120 if the licensee:

  5         (a)  Is found to be ineligible under the criteria set

  6  forth in subsection (2);

  7         (b)  Develops or sustains a physical infirmity which

  8  prevents the safe handling of a weapon or firearm;

  9         (c)  Is convicted of a felony which would make the

10  licensee ineligible to possess a firearm pursuant to s.

11  790.23;

12         (d)  Is found guilty of a crime under the provisions of

13  chapter 893, or similar laws of any other state, relating to

14  controlled substances;

15         (e)  Is committed as a substance abuser under chapter

16  397, or is deemed a habitual offender under s. 856.011(3), or

17  similar laws of any other state;

18         (f)  Is convicted of a second violation of s. 316.193,

19  or a similar law of another state, within 3 years of a

20  previous conviction of such section, or similar law of another

21  state, even though the first violation may have occurred prior

22  to the date on which the application was submitted;

23         (g)  Is adjudicated an incapacitated person under s.

24  744.331, or similar laws of any other state; or

25         (h)  Is committed to a mental institution under chapter

26  394, or similar laws of any other state.

27         (11)  No less than 90 days prior to the expiration date

28  of the license, the Department of Agriculture and Consumer

29  Services State shall mail to each licensee a written notice of

30  the expiration and a renewal form prescribed by the Department

31  of Agriculture and Consumer Services State. The licensee must

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  1  renew his or her license on or before the expiration date by

  2  filing with the Department of Agriculture and Consumer

  3  Services State the renewal form containing a notarized

  4  affidavit stating that the licensee remains qualified pursuant

  5  to the criteria specified in subsections (2) and (3), a color

  6  photograph as specified in paragraph (5)(e), and the required

  7  renewal fee. Out-of-state residents must also submit a

  8  completed fingerprint card and fingerprint processing fee.

  9  The license shall be renewed upon receipt of the completed

10  renewal form, color photograph, appropriate payment of fees,

11  and, if applicable, a completed fingerprint card.

12  Additionally, a licensee who fails to file a renewal

13  application on or before its expiration date must renew his or

14  her license by paying a late fee of $15.  No license shall be

15  renewed 6 months or more after its expiration date, and such

16  license shall be deemed to be permanently expired. A person

17  whose license has been permanently expired may reapply for

18  licensure; however, an application for licensure and fees

19  pursuant to subsection (5) must be submitted, and a background

20  investigation shall be conducted pursuant to the provisions of

21  this section. Persons who knowingly file false information

22  pursuant to this subsection shall be subject to criminal

23  prosecution under s. 837.06.

24         (12)  No license issued pursuant to this section shall

25  authorize any person to carry a concealed weapon or firearm

26  into any place of nuisance as defined in s. 823.05; any

27  police, sheriff, or highway patrol station; any detention

28  facility, prison, or jail; any courthouse; any courtroom,

29  except that nothing in this section would preclude a judge

30  from carrying a concealed weapon or determining who will carry

31  a concealed weapon in his or her courtroom; any polling place;

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                                                  SENATE AMENDMENT

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    Amendment No. ___   Barcode 902102





  1  any meeting of the governing body of a county, public school

  2  district, municipality, or special district; any meeting of

  3  the Legislature or a committee thereof; any school, college,

  4  or professional athletic event not related to firearms; any

  5  school administration building; any portion of an

  6  establishment licensed to dispense alcoholic beverages for

  7  consumption on the premises, which portion of the

  8  establishment is primarily devoted to such purpose; any

  9  elementary or secondary school facility; any area technical

10  center; any college or university facility unless the licensee

11  is a registered student, employee, or faculty member of such

12  college or university and the weapon is a stun gun or

13  nonlethal electric weapon or device designed solely for

14  defensive purposes and the weapon does not fire a dart or

15  projectile; inside the passenger terminal and sterile area of

16  any airport, provided that no person shall be prohibited from

17  carrying any legal firearm into the terminal, which firearm is

18  encased for shipment for purposes of checking such firearm as

19  baggage to be lawfully transported on any aircraft; or any

20  place where the carrying of firearms is prohibited by federal

21  law.  Any person who willfully violates any provision of this

22  subsection commits a misdemeanor of the second degree,

23  punishable as provided in s. 775.082 or s. 775.083.

24         (13)  All moneys collected by the department pursuant

25  to this section shall be deposited in the Division of

26  Licensing Trust Fund, and the Legislature shall appropriate

27  from the fund those amounts deemed necessary to administer the

28  provisions of this section.  All revenues collected, less

29  those costs determined by the Department of Agriculture and

30  Consumer Services State to be nonrecurring or one-time costs,

31  shall be deferred over the 3-year licensure period.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2072

    Amendment No. ___   Barcode 902102





  1  Notwithstanding the provisions of s. 493.6117, all moneys

  2  collected pursuant to this section shall not revert to the

  3  General Revenue Fund; however, this shall not abrogate the

  4  requirement for payment of the service charge imposed pursuant

  5  to chapter 215.

  6         (14)  All funds received by the sheriff pursuant to the

  7  provisions of this section shall be deposited into the general

  8  revenue fund of the county and shall be budgeted to the

  9  sheriff.

10         (15)  The Legislature finds as a matter of public

11  policy and fact that it is necessary to provide statewide

12  uniform standards for issuing licenses to carry concealed

13  weapons and firearms for self-defense and finds it necessary

14  to occupy the field of regulation of the bearing of concealed

15  weapons or firearms for self-defense to ensure that no honest,

16  law-abiding person who qualifies under the provisions of this

17  section is subjectively or arbitrarily denied his or her

18  rights.  The Department of Agriculture and Consumer Services

19  State shall implement and administer the provisions of this

20  section.  The Legislature does not delegate to the Department

21  of Agriculture and Consumer Services State the authority to

22  regulate or restrict the issuing of licenses provided for in

23  this section, beyond those provisions contained in this

24  section.  Subjective or arbitrary actions or rules which

25  encumber the issuing process by placing burdens on the

26  applicant beyond those sworn statements and specified

27  documents detailed in this section or which create

28  restrictions beyond those specified in this section are in

29  conflict with the intent of this section and are prohibited.

30  This section shall be liberally construed to carry out the

31  constitutional right to bear arms for self-defense. This

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2072

    Amendment No. ___   Barcode 902102





  1  section is supplemental and additional to existing rights to

  2  bear arms, and nothing in this section shall impair or

  3  diminish such rights.

  4         (16)  The Department of Agriculture and Consumer

  5  Services State shall maintain statistical information on the

  6  number of licenses issued, revoked, suspended, and denied.

  7         (17)  As amended by chapter 87-24, Laws of Florida,

  8  this section shall be known and may be cited as the "Jack

  9  Hagler Self Defense Act."

10

11  (Redesignate subsequent sections.)

12

13

14  ================ T I T L E   A M E N D M E N T ===============

15  And the title is amended as follows:

16         On page 1, line 3, delete that line

17

18  and insert:

19         services; transferring the Division of

20         Licensing of the Department of State to the

21         Department of Agriculture and Consumer

22         Services; amending s. 20.10, F.S.; conforming

23         provisions; amending s. 20.14, F.S.; creating

24         the Division of Licensing in the Department of

25         Agriculture and Consumer Services; amending ss.

26         493.6101, 493.6104, 493.6108, 493.6109,

27         493.6112, 493.6121, 790.06, F.S.; redesignating

28         the department with regulatory

29         responsibilities; creating s. 288.1175, F.S.;

30         providing

31

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