| 1 | A bill to be entitled |
| 2 | An act relating to the carrying of concealed weapons or |
| 3 | firearms by justices and judges; amending s. 790.061, |
| 4 | F.S.; providing that any county court judge, circuit court |
| 5 | judge, district court of appeal judge, justice of the |
| 6 | supreme court, federal district court judge, or federal |
| 7 | court of appeals judge serving in this state and in |
| 8 | compliance with specified requirements shall be allowed to |
| 9 | carry a concealed weapon or firearm at any time and into |
| 10 | any place or facility in the state; providing exceptions; |
| 11 | providing that such justices and judges shall be |
| 12 | considered "qualified law enforcement officers"; amending |
| 13 | s. 790.115, F.S.; including such justices and judges |
| 14 | within provisions of nonapplicability with respect to the |
| 15 | prohibited possession or discharge of weapons or firearms |
| 16 | at a school-sponsored event or on school property, to |
| 17 | conform; providing an effective date. |
| 18 |
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| 19 | Be It Enacted by the Legislature of the State of Florida: |
| 20 |
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| 21 | Section 1. Section 790.061, Florida Statutes, is amended |
| 22 | to read: |
| 23 | 790.061 Judges and justices; exceptions from licensure |
| 24 | provisions; authority to carry concealed weapon or firearm.--A |
| 25 | county court judge, circuit court judge, district court of |
| 26 | appeal judge, justice of the supreme court, federal district |
| 27 | court judge, or federal court of appeals judge serving in this |
| 28 | state is not required to comply with the provisions of s. 790.06 |
| 29 | in order to receive a license to carry a concealed weapon or |
| 30 | firearm, except that any such justice or judge must comply with |
| 31 | the provisions of s. 790.06(2)(h). The Department of Agriculture |
| 32 | and Consumer Services shall issue a license to carry a concealed |
| 33 | weapon or firearm to any such justice or judge upon |
| 34 | demonstration of competence of the justice or judge pursuant to |
| 35 | s. 790.06(2)(h). Notwithstanding the provisions of ss. |
| 36 | 790.06(12) and 790.115, any county court judge, circuit court |
| 37 | judge, district court of appeal judge, justice of the supreme |
| 38 | court, federal district court judge, or federal court of appeals |
| 39 | judge serving in this state and in compliance with this section |
| 40 | shall be allowed to carry a concealed weapon or firearm at any |
| 41 | time and into any place or facility in the state, except a |
| 42 | prison, jail, airport, or any place or facility where carrying a |
| 43 | concealed weapon is restricted by federal law. It is the intent |
| 44 | of the Legislature by this act that such justices and judges are |
| 45 | considered "qualified law enforcement officers" as that term is |
| 46 | used and defined in U.S.C. Title 18, chapter 44, s. 962B, the |
| 47 | Law Enforcement Officers Safety Act of 2003. |
| 48 | Section 2. Section 790.115, Florida Statutes, is amended |
| 49 | to read: |
| 50 | 790.115 Possessing or discharging weapons or firearms at a |
| 51 | school-sponsored event or on school property prohibited; |
| 52 | penalties; exceptions.-- |
| 53 | (1) A person who exhibits any sword, sword cane, firearm, |
| 54 | electric weapon or device, destructive device, or other weapon, |
| 55 | including a razor blade, box cutter, or knife, except as |
| 56 | authorized in support of school-sanctioned activities, in the |
| 57 | presence of one or more persons in a rude, careless, angry, or |
| 58 | threatening manner and not in lawful self-defense, at a school- |
| 59 | sponsored event or on the grounds or facilities of any school, |
| 60 | school bus, or school bus stop, or within 1,000 feet of the real |
| 61 | property that comprises a public or private elementary school, |
| 62 | middle school, or secondary school, during school hours or |
| 63 | during the time of a sanctioned school activity, commits a |
| 64 | felony of the third degree, punishable as provided in s. |
| 65 | 775.082, s. 775.083, or s. 775.084. This subsection does not |
| 66 | apply to the exhibition of a firearm or weapon on private real |
| 67 | property within 1,000 feet of a school by the owner of such |
| 68 | property or by a person whose presence on such property has been |
| 69 | authorized, licensed, or invited by the owner. |
| 70 | (2)(a) A person shall not possess any firearm, electric |
| 71 | weapon or device, destructive device, or other weapon, including |
| 72 | a razor blade, box cutter, or knife, except as authorized in |
| 73 | support of school-sanctioned activities, at a school-sponsored |
| 74 | event or on the property of any school, school bus, or school |
| 75 | bus stop; however, a person may carry a firearm: |
| 76 | 1. In a case to a firearms program, class or function |
| 77 | which has been approved in advance by the principal or chief |
| 78 | administrative officer of the school as a program or class to |
| 79 | which firearms could be carried; |
| 80 | 2. In a case to a career center having a firearms training |
| 81 | range; or |
| 82 | 3. In a vehicle pursuant to s. 790.25(5); except that |
| 83 | school districts may adopt written and published policies that |
| 84 | waive the exception in this subparagraph for purposes of student |
| 85 | and campus parking privileges. |
| 86 |
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| 87 | For the purposes of this section, "school" means any preschool, |
| 88 | elementary school, middle school, junior high school, secondary |
| 89 | school, career center, or postsecondary school, whether public |
| 90 | or nonpublic. |
| 91 | (b) A person who willfully and knowingly possesses any |
| 92 | electric weapon or device, destructive device, or other weapon, |
| 93 | including a razor blade, box cutter, or knife, except as |
| 94 | authorized in support of school-sanctioned activities, in |
| 95 | violation of this subsection commits a felony of the third |
| 96 | degree, punishable as provided in s. 775.082, s. 775.083, or s. |
| 97 | 775.084. |
| 98 | (c)1. A person who willfully and knowingly possesses any |
| 99 | firearm in violation of this subsection commits a felony of the |
| 100 | third degree, punishable as provided in s. 775.082, s. 775.083, |
| 101 | or s. 775.084. |
| 102 | 2. A person who stores or leaves a loaded firearm within |
| 103 | the reach or easy access of a minor who obtains the firearm and |
| 104 | commits a violation of subparagraph 1. commits a misdemeanor of |
| 105 | the second degree, punishable as provided in s. 775.082 or s. |
| 106 | 775.083; except that this does not apply if the firearm was |
| 107 | stored or left in a securely locked box or container or in a |
| 108 | location which a reasonable person would have believed to be |
| 109 | secure, or was securely locked with a firearm-mounted push- |
| 110 | button combination lock or a trigger lock; if the minor obtains |
| 111 | the firearm as a result of an unlawful entry by any person; or |
| 112 | to members of the Armed Forces, National Guard, or State |
| 113 | Militia, or to police or other law enforcement officers, with |
| 114 | respect to firearm possession by a minor which occurs during or |
| 115 | incidental to the performance of their official duties. |
| 116 | (d) A person who discharges any weapon or firearm while in |
| 117 | violation of paragraph (a), unless discharged for lawful defense |
| 118 | of himself or herself or another or for a lawful purpose, |
| 119 | commits a felony of the second degree, punishable as provided in |
| 120 | s. 775.082, s. 775.083, or s. 775.084. |
| 121 | (e) The penalties of this subsection shall not apply to |
| 122 | persons licensed under s. 790.06. Persons licensed under s. |
| 123 | 790.06 shall be punished as provided in s. 790.06(12), except |
| 124 | that a licenseholder who unlawfully discharges a weapon or |
| 125 | firearm on school property as prohibited by this subsection |
| 126 | commits a felony of the second degree, punishable as provided in |
| 127 | s. 775.082, s. 775.083, or s. 775.084. |
| 128 | (3) This section does not apply to any law enforcement |
| 129 | officer as defined in s. 943.10(1), (2), (3), (4), (6), (7), |
| 130 | (8), (9), or (14), or to any county court judge, circuit court |
| 131 | judge, district court of appeal judge, justice of the supreme |
| 132 | court, federal district court judge, or federal court of appeals |
| 133 | judge serving in this state and in compliance with ss. |
| 134 | 790.06(2)(h) and 790.061. |
| 135 | (4) Notwithstanding s. 985.213, s. 985.214, or s. |
| 136 | 985.215(1), any minor under 18 years of age who is charged under |
| 137 | this section with possessing or discharging a firearm on school |
| 138 | property shall be detained in secure detention, unless the state |
| 139 | attorney authorizes the release of the minor, and shall be given |
| 140 | a probable cause hearing within 24 hours after being taken into |
| 141 | custody. At the hearing, the court may order that the minor |
| 142 | continue to be held in secure detention for a period of 21 days, |
| 143 | during which time the minor shall receive medical, psychiatric, |
| 144 | psychological, or substance abuse examinations pursuant to s. |
| 145 | 985.224, and a written report shall be completed. |
| 146 | Section 3. This act shall take effect upon becoming a law. |