Senate Bill sb0214e1

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    CS for CS for SB 214                           First Engrossed



  1                      A bill to be entitled

  2         An act relating to dart-firing stun guns;

  3         amending s. 790.001, F.S.; defining the term

  4         "dart-firing stun gun" for purposes of ch. 790,

  5         F.S., relating to weapons and firearms;

  6         deleting the definition of the term "remote

  7         stun gun"; amending ss. 790.01 and 790.053,

  8         F.S., relating to the carrying of concealed

  9         weapons and the open carrying of weapons;

10         conforming provisions to the change in the

11         definition made by the act to authorize the

12         carrying of a dart-firing stun gun for purposes

13         of lawful self-defense; amending s. 790.054,

14         F.S.; providing that it is a third-degree

15         felony to use a dart-firing stun gun against an

16         on-duty law enforcement officer; creating s.

17         943.1717, F.S.; providing circumstances during

18         which law enforcement, correctional, and

19         correctional probation officers may employ a

20         dart-firing stun gun; requiring the Criminal

21         Justice Standards and Training Commission to

22         establish standards for instruction in the use

23         of dart-firing stun guns; requiring that a

24         minimum number of hours in such training be

25         included in the basic-skills course required

26         for certain certifications; requiring certain

27         officers who have not received training in the

28         use of dart-firing stun guns and who are

29         authorized to carry dart-firing stun guns to

30         receive training; requiring annual training for

31         certain officers; requiring a school resource


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    CS for CS for SB 214                           First Engrossed



 1         officer or law enforcement officer to make

 2         certain reports concerning the use of a

 3         dart-firing stun gun; requiring the Department

 4         of Law Enforcement to maintain the reports and

 5         provide them to the Department of Health upon

 6         request; requiring the Department of Health to

 7         conduct an ongoing study of the medical effects

 8         concerning certain uses of dart-firing stun

 9         guns; requiring a report to the Legislature;

10         providing an effective date.

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

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14         Section 1.  Subsection (15) of section 790.001, Florida

15  Statutes, is amended to read:

16         790.001  Definitions.--As used in this chapter, except

17  where the context otherwise requires:

18         (15)  "Dart-firing Remote stun gun" means any nonlethal

19  device having one or more darts that are capable of delivering

20  an electrical current with a tethered range not to exceed 16

21  feet and which shall utilize an identification and tracking

22  system which, upon use, disperses coded material traceable to

23  the purchaser through records kept by the manufacturer on all

24  remote stun guns and all individual cartridges sold which

25  information shall be made available to any law enforcement

26  agency upon request.

27         Section 2.  Subsections (4) and (5) of section 790.01,

28  Florida Statutes, are amended to read:

29         790.01  Carrying concealed weapons.--

30  

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    CS for CS for SB 214                           First Engrossed



 1         (4)  It is not a violation of this section for a person

 2  to carry for purposes of lawful self-defense, in a concealed

 3  manner:

 4         (a)  A self-defense chemical spray.

 5         (b)  A nonlethal stun gun or dart-firing remote stun

 6  gun or other nonlethal electric weapon or device that which

 7  does not fire a dart or projectile and is designed solely for

 8  defensive purposes.

 9         (5)  This section does not preclude any prosecution for

10  the use of an electric weapon or device, a dart-firing or

11  remote stun gun, or a self-defense chemical spray during the

12  commission of any criminal offense under s. 790.07, s. 790.10,

13  s. 790.23, or s. 790.235, or for any other criminal offense.

14         Section 3.  Section 790.053, Florida Statutes, is

15  amended to read:

16         790.053  Open carrying of weapons.--

17         (1)  Except as otherwise provided by law and in

18  subsection (2), it is unlawful for any person to openly carry

19  on or about his or her person any firearm or electric weapon

20  or device.

21         (2)  A person may openly carry, for purposes of lawful

22  self-defense:

23         (a)  A self-defense chemical spray.

24         (b)  A nonlethal stun gun or dart-firing remote stun

25  gun or other nonlethal electric weapon or device that which

26  does not fire a dart or projectile and is designed solely for

27  defensive purposes.

28         (3)  Any person violating this section commits a

29  misdemeanor of the second degree, punishable as provided in s.

30  775.082 or s. 775.083.

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    CS for CS for SB 214                           First Engrossed



 1         Section 4.  Section 790.054, Florida Statutes, is

 2  amended to read:

 3         790.054  Prohibited use of self-defense weapon or

 4  device against law enforcement officer; penalties.--A person

 5  who knowingly and willfully uses a self-defense chemical

 6  spray, or a nonlethal stun gun or other nonlethal electric

 7  weapon or device, or a dart-firing remote stun gun against a

 8  law enforcement officer engaged in the performance of his or

 9  her duties commits a felony of the third degree, punishable as

10  provided in s. 775.082, s. 775.083, or s. 775.084.

11         Section 5.  Section 943.1717, Florida Statutes, is

12  created to read:

13         943.1717  Use of dart-firing stun guns.--

14         (1)  A decision by a law enforcement officer,

15  correctional officer, or correctional probation officer to use

16  a dart-firing stun gun must involve an arrest or a custodial

17  situation during which the person who is the subject of the

18  arrest or custody escalates resistance to the officer from

19  passive physical resistance to active physical resistance and

20  the person:

21         (a)  Has the apparent ability to physically threaten

22  the officer or others; or

23         (b)  Is preparing or attempting to flee or escape.

24         (2)  The Criminal Justice Standards and Training

25  Commission shall establish standards for instructing law

26  enforcement, correctional, and correctional probation officers

27  in the use of dart-firing stun guns. The instructional

28  standards must include the effect that a dart-firing stun gun

29  may have on a person.

30         (3)  The basic-skills course required for certification

31  as a law enforcement officer must include instruction on the


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    CS for CS for SB 214                           First Engrossed



 1  use of dart-firing stun guns. The portion of the basic-skills

 2  course on the use of dart-firing stun guns must be a minimum

 3  of 4 hours' duration.

 4         (4)  A law enforcement officer, correctional officer,

 5  or correctional probation officer who has not received the

 6  dart-firing stun gun training described in subsection (3) and

 7  who is authorized by his or her employing or appointing agency

 8  to carry a dart-firing stun gun after the effective date of

 9  this act must complete, before issuance and use of a

10  dart-firing stun gun, the 4-hour dart-firing stun gun training

11  described in subsection (3) or an equivalent training course

12  provided by the officer's employing or appointing agency in

13  accordance with the Criminal Justice Standards and Training

14  Commission standards outlined in subsection (2).

15         (5)  After completing the basic-skills course, each law

16  enforcement, correctional, and correctional probation officer

17  who is authorized by his or her agency to use a dart-firing

18  stun gun must complete an annual training course on the use of

19  dart-firing stun guns. The annual training course on the use

20  of dart-firing stun guns must be a minimum of 1 hour duration.

21         Section 6.  (1)  When a school resource officer or law

22  enforcement officer uses a dart-firing stun gun on the grounds

23  of an elementary school to subdue a public school student,

24  such officer shall provide the Department of Law Enforcement

25  with a written report of:

26         (a)  The circumstances leading to the use of the

27  dart-firing stun gun;

28         (b)  The age, gender, and race of the student; and

29         (c)  The apparent effects of the use of the dart-firing

30  stun gun on the student.

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    CS for CS for SB 214                           First Engrossed



 1         (2)  The Department of Law Enforcement shall maintain

 2  the reports submitted pursuant to subsection (1) and make such

 3  records available to the Department of Health upon request.

 4         (3)  Using the records submitted pursuant to subsection

 5  (1) and other available information, the Department of Health

 6  shall undertake an ongoing study of the medical effects on the

 7  students upon whom a dart-firing stun gun has been used. On

 8  December 1, 2006, the department shall provide the Legislature

 9  with a written report concerning the medical effects on

10  students upon whom a dart-firing stun gun was used between

11  January 1, 2001, and August 1, 2006.

12         Section 7.  This act shall take effect upon becoming a

13  law.

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