Senate Bill sb1546c1

    Florida Senate - 2006                           CS for SB 1546

    By the Committee on Criminal Justice; and Senator Posey





    591-1966-06

  1                      A bill to be entitled

  2         An act relating to the carrying of firearms in

  3         national forests; repealing s. 790.11, F.S.,

  4         which prohibits the carrying of firearms in

  5         national forests; repealing s. 790.12, F.S.,

  6         which authorizes the granting of a special

  7         permit for the carrying of firearms in a

  8         national forest; repealing s. 790.14, F.S.,

  9         which provides a penalty for violation of ss.

10         790.11 and 790.12, F.S.; amending s. 790.25,

11         F.S.; correcting cross-references; directing

12         the Department of Environmental Protection to

13         amend the correlative rule in the Florida

14         Administrative Code, to conform; providing an

15         effective date.

16  

17  Be It Enacted by the Legislature of the State of Florida:

18  

19         Section 1.  Sections 790.11, 790.12, and 790.14,

20  Florida Statutes, are repealed.

21         Section 2.  Paragraph (b) of subsection (2) of section

22  790.25, Florida Statutes, is amended to read:

23         790.25  Lawful ownership, possession, and use of

24  firearms and other weapons.--

25         (2)  USES NOT AUTHORIZED.--

26         (b)  The protections of this section do not apply to

27  the following:

28         1.  A person who has been adjudged mentally

29  incompetent, who is addicted to the use of narcotics or any

30  similar drug, or who is a habitual or chronic alcoholic, or a

31  person using weapons or firearms in violation of ss.

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






    Florida Senate - 2006                           CS for SB 1546
    591-1966-06




 1  790.07-790.115, ss. 790.145-790.19, or ss. 790.07-790.12,

 2  790.14-790.19, 790.22-790.24;

 3         2.  Vagrants and other undesirable persons as defined

 4  in s. 856.02;

 5         3.  A person in or about a place of nuisance as defined

 6  in s. 823.05, unless such person is there for law enforcement

 7  or some other lawful purpose.

 8         Section 3.  The Department of Environmental Protection

 9  shall amend rule 62D-2.014(10), Florida Administrative Code,

10  to allow the possession of weapons in compliance with all

11  applicable Florida Statutes. The rule shall be amended to

12  indicate that such weapons shall be at all times in the

13  possession of a responsible party or properly secured within

14  or to a vehicle or temporary housing, to include motor homes,

15  travel trailers, recreational vehicles, campers, tents, or

16  other enclosed structures, while in the state parks.

17         Section 4.  This act shall take effect October 1, 2006.

18  

19          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
20                         Senate Bill 1546

21                                 

22  -    Amends s. 790.25, F.S., to incorporate cross-reference.

23  -    Clarifies the nature of the Rule change required of the
         Department of Environmental Protection with regard to the
24       manner in which weapons are allowed to be carried within
         state parks. DEP is directed to amend, rather than
25       repeal, the Rule.

26  -    Changes the effective date from July 1, to October 1,
         2006.
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CODING: Words stricken are deletions; words underlined are additions.