1 | The Justice Council recommends the following: |
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3 | Council/Committee Substitute |
4 | Remove the entire bill and insert: |
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6 | A bill to be entitled |
7 | An act relating to dart-firing stun guns; amending s. |
8 | 790.001, F.S.; defining "dart-firing stun gun" for the |
9 | purposes of ch. 790, F.S.; deleting the definition of |
10 | "remote stun gun"; amending ss. 790.01 and 790.053, F.S., |
11 | relating to the carrying of concealed weapons and the open |
12 | carrying of weapons, to conform; authorizing the carrying |
13 | of a dart-firing stun gun, both openly and in a concealed |
14 | manner, for purposes of lawful self-defense; amending s. |
15 | 790.054, F.S.; prohibiting the use of a dart-firing stun |
16 | gun against a law enforcement officer who is on duty; |
17 | providing a penalty; creating s. 943.1717, F.S.; providing |
18 | circumstances during which law enforcement, correctional, |
19 | and correctional probation officers may use a dart-firing |
20 | stun gun; requiring the Criminal Justice Standards and |
21 | Training Commission to establish standards for instruction |
22 | in the use of dart-firing stun guns; requiring that a |
23 | minimum number of hours in such training be included in |
24 | the basic skills course required for certification; |
25 | requiring training of specified officers who are |
26 | authorized to carry dart-firing stun guns and who have not |
27 | received dart-firing stun gun training; requiring annual |
28 | training for certain officers; providing an effective |
29 | date. |
30 |
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31 | Be It Enacted by the Legislature of the State of Florida: |
32 |
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33 | Section 1. Subsection (15) of section 790.001, Florida |
34 | Statutes, is amended to read: |
35 | 790.001 Definitions.--As used in this chapter, except |
36 | where the context otherwise requires: |
37 | (15) "Dart-firing Remote stun gun" means any nonlethal |
38 | device having one or more darts that are capable of delivering |
39 | an electrical current with a tethered range not to exceed 16 |
40 | feet and which shall utilize an identification and tracking |
41 | system which, upon use, disperses coded material traceable to |
42 | the purchaser through records kept by the manufacturer on all |
43 | remote stun guns and all individual cartridges sold which |
44 | information shall be made available to any law enforcement |
45 | agency upon request. |
46 | Section 2. Subsections (4) and (5) of section 790.01, |
47 | Florida Statutes, are amended to read: |
48 | 790.01 Carrying concealed weapons.-- |
49 | (4) It is not a violation of this section for a person to |
50 | carry for purposes of lawful self-defense, in a concealed |
51 | manner: |
52 | (a) A self-defense chemical spray. |
53 | (b) A nonlethal stun gun or dart-firing remote stun gun or |
54 | other nonlethal electric weapon or device that which does not |
55 | fire a dart or projectile and is designed solely for defensive |
56 | purposes. |
57 | (5) This section does not preclude any prosecution for the |
58 | use of an electric weapon or device, a dart-firing or remote |
59 | stun gun, or a self-defense chemical spray during the commission |
60 | of any criminal offense under s. 790.07, s. 790.10, s. 790.23, |
61 | or s. 790.235, or for any other criminal offense. |
62 | Section 3. Section 790.053, Florida Statutes, is amended |
63 | to read: |
64 | 790.053 Open carrying of weapons.-- |
65 | (1) Except as otherwise provided by law and in subsection |
66 | (2), it is unlawful for any person to openly carry on or about |
67 | his or her person any firearm or electric weapon or device. |
68 | (2) A person may openly carry, for purposes of lawful |
69 | self-defense: |
70 | (a) A self-defense chemical spray. |
71 | (b) A nonlethal stun gun or dart-firing remote stun gun or |
72 | other nonlethal electric weapon or device that which does not |
73 | fire a dart or projectile and is designed solely for defensive |
74 | purposes. |
75 | (3) Any person violating this section commits a |
76 | misdemeanor of the second degree, punishable as provided in s. |
77 | 775.082 or s. 775.083. |
78 | Section 4. Section 790.054, Florida Statutes, is amended |
79 | to read: |
80 | 790.054 Prohibited use of self-defense weapon or device |
81 | against law enforcement officer; penalties.--A person who |
82 | knowingly and willfully uses a self-defense chemical spray, or a |
83 | nonlethal stun gun or other nonlethal electric weapon or device, |
84 | or a dart-firing remote stun gun against a law enforcement |
85 | officer engaged in the performance of his or her duties commits |
86 | a felony of the third degree, punishable as provided in s. |
87 | 775.082, s. 775.083, or s. 775.084. |
88 | Section 5. Section 943.1717, Florida Statutes, is created |
89 | to read: |
90 | 943.1717 Use of dart-firing stun guns.-- |
91 | (1) A decision by a law enforcement officer, correctional |
92 | officer, or correctional probation officer to use a dart-firing |
93 | stun gun must involve an arrest or a custodial situation during |
94 | which the person who is the subject of the arrest or custody |
95 | escalates resistance to the officer from passive physical |
96 | resistance to active physical resistance and the person: |
97 | (a) Has the apparent ability to physically threaten the |
98 | officer or others; or |
99 | (b) Is preparing or attempting to flee or escape. |
100 | (2) The Criminal Justice Standards and Training Commission |
101 | shall establish standards for instructing law enforcement, |
102 | correctional, and correctional probation officers in the use of |
103 | dart-firing stun guns. The instructional standards must include |
104 | the effect that a dart-firing stun gun may have on a person. |
105 | (3) The basic skills course required for certification as |
106 | a law enforcement officer must include instruction on the use of |
107 | dart-firing stun guns. The portion of the basic skills course on |
108 | the use of dart-firing stun guns must be a minimum of 4 hours' |
109 | duration. |
110 | (4) A law enforcement, correctional, or correctional |
111 | probation officer who is authorized by his or her employing or |
112 | appointing agency, subsequent to the effective date of this act, |
113 | to carry a dart-firing stun gun and who has not received the |
114 | dart-firing stun gun training described in subsection (3) shall |
115 | complete, prior to the issuance and use of a dart-firing stun |
116 | gun, either the 4-hour dart-firing stun gun training described |
117 | in subsection (3) or an equivalent training course provided by |
118 | the officer's employing or appointing agency in accordance with |
119 | the standards established by the Criminal Justice Standards and |
120 | Training Commission under subsection (2). |
121 | (5) After completing the basic skills course, each law |
122 | enforcement, correctional, and correctional probation officer |
123 | who is authorized by his or her agency to use a dart-firing stun |
124 | gun must complete an annual training course on the use of dart- |
125 | firing stun guns. The annual training course on the use of dart- |
126 | firing stun guns must be a minimum of 1 hour's duration. |
127 | Section 6. This act shall take effect upon becoming a law. |