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The Committee on Commerce (Diaz de la Portilla) recommended the

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following amendment:

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     Senate Amendment (with title amendment)

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     Delete everything after the enacting clause

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and insert:

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     Section 1.  Section 790.06, Florida Statutes, is amended to

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read:

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     790.06  License to carry concealed weapon or firearm.--

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     (1)  The Department of Agriculture and Consumer Services is

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authorized to issue licenses to carry concealed weapons or

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concealed firearms to persons qualified as provided in this

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section. Each such license must bear a color photograph of the

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licensee. For the purposes of this section, concealed weapons or

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concealed firearms are defined as a handgun, electronic weapon

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or device, tear gas gun, knife, or billie, but the term does not

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include a machine gun as defined in s. 790.001(9). Such licenses

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shall be valid throughout the state for a period of 5 years from

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the date of issuance. Any person in compliance with the terms of

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such license may carry a concealed weapon or concealed firearm

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notwithstanding the provisions of s. 790.01. The licensee must

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carry the license, together with valid identification, at all

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times in which the licensee is in actual possession of a

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concealed weapon or firearm and must display both the license

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and proper identification upon demand by a law enforcement

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officer. Violations of the provisions of this subsection shall

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constitute a noncriminal violation with a penalty of $25,

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payable to the clerk of the court.

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     (2)  The Department of Agriculture and Consumer Services

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shall issue a license if the applicant:

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

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security official of a foreign government that maintains

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diplomatic relations and treaties of commerce, friendship, and

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navigation with the United States and is certified as such by

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the foreign government and by the appropriate embassy in this

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country;

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     (b)  Is 21 years of age or older;

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     (c)  Does not suffer from a physical infirmity which

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prevents the safe handling of a weapon or firearm;

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     (d)  Is not ineligible to possess a firearm pursuant to s.

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790.23 by virtue of having been convicted of a felony;

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

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substance or been found guilty of a crime under the provisions

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

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controlled substances within a 3-year period immediately

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preceding the date on which the application is submitted;

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     (f)  Does not chronically and habitually use alcoholic

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beverages or other substances to the extent that his or her

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normal faculties are impaired. It shall be presumed that an

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applicant chronically and habitually uses alcoholic beverages or

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other substances to the extent that his or her normal faculties

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are impaired if the applicant has been committed under chapter

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397 or under the provisions of former chapter 396 or has been

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convicted under s. 790.151 or has been deemed a habitual

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offender under s. 856.011(3), or has had two or more convictions

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under s. 316.193 or similar laws of any other state, within the

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3-year period immediately preceding the date on which the

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application is submitted;

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

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firearm for lawful self-defense;

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

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the following:

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     1.  Completion of any hunter education or hunter safety

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course approved by the Fish and Wildlife Conservation Commission

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or a similar agency of another state;

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     2.  Completion of any National Rifle Association firearms

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safety or training course;

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     3.  Completion of any firearms safety or training course or

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class available to the general public offered by a law

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enforcement, junior college, college, or private or public

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institution or organization or firearms training school,

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utilizing instructors certified by the National Rifle

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Association, Criminal Justice Standards and Training Commission,

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or the Department of Agriculture and Consumer Services;

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     4.  Completion of any law enforcement firearms safety or

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training course or class offered for security guards,

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investigators, special deputies, or any division or subdivision

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of law enforcement or security enforcement;

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     5.  Presents evidence of equivalent experience with a

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firearm through participation in organized shooting competition

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or military service;

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

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this state or a county or municipality of this state, unless

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such license has been revoked for cause; or

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     7.  Completion of any firearms training or safety course or

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class conducted by a state-certified or National Rifle

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Association certified firearms instructor;

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

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or classes; or an affidavit from the instructor, school, club,

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organization, or group that conducted or taught said course or

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class attesting to the completion of the course or class by the

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applicant; or a copy of any document which shows completion of

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the course or class or evidences participation in firearms

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competition shall constitute evidence of qualification under

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this paragraph; any person who conducts a course pursuant to

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subparagraph 2., subparagraph 3., or subparagraph 7., or who, as

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an instructor, attests to the completion of such courses, must

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maintain records certifying that he or she observed the student

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safely handle and discharge the firearm;

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     (i)  Has not been adjudicated an incapacitated person under

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

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have elapsed since the applicant's restoration to capacity by

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court order;

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

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chapter 394, or similar laws of any other state, unless the

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applicant produces a certificate from a licensed psychiatrist

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that he or she has not suffered from disability for at least 5

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years prior to the date of submission of the application;

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     (k)  Has not had adjudication of guilt withheld or

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imposition of sentence suspended on any felony or misdemeanor

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crime of domestic violence unless 3 years have elapsed since

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probation or any other conditions set by the court have been

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fulfilled, or the record has been sealed or expunged;

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     (l)  Has not been issued an injunction that is currently in

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force and effect and that restrains the applicant from

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committing acts of domestic violence or acts of repeat violence;

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and

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     (m)  Is not prohibited from purchasing or possessing a

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firearm by any other provision of Florida or federal law.

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     (3)  The Department of Agriculture and Consumer Services

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shall deny a license if the applicant has been found guilty of,

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had adjudication of guilt withheld for, or had imposition of

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sentence suspended for one or more crimes of violence

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constituting a misdemeanor, unless 3 years have elapsed since

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probation or any other conditions set by the court have been

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fulfilled or the record has been sealed or expunged. A license

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is revoked The Department of Agriculture and Consumer Services

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shall revoke a license if the licensee has been found guilty of,

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had adjudication of guilt withheld for, or had imposition of

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sentence suspended for one or more crimes of violence within the

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preceding 3 years. A license is suspended and the The department

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shall, upon notification by a law enforcement agency, a court,

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or the Florida Department of Law Enforcement and subsequent

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written verification, suspend a license or the processing of an

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application for a license if the licensee or applicant is

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arrested or formally charged with a crime that would disqualify

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such person from having a license under this section, until

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final disposition of the case resulting in the filing of a nolle

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prosequi, No Information or No True Bill by the prosecuting

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authority, an acquittal or by the case being dismissed by a

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court of competent jurisdiction. A license shall be suspended

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and the The department shall suspend a license or the processing

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of an application for a license if the licensee or applicant is

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issued an injunction that restrains the licensee or applicant

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from committing acts of domestic violence or acts of repeat

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violence. A license is suspended until successful completion by

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the licensee of any term of community supervision imposed by a

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court of competent jurisdiction for any crime that would

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disqualify such person from having a license under this section.

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

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form promulgated by the Department of Agriculture and Consumer

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Services and shall include:

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

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occupation of the applicant;

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

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

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

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copy of this chapter and is knowledgeable of its provisions;

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     (d)  A conspicuous warning that the application is executed

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under oath and that a false answer to any question, or the

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submission of any false document by the applicant, subjects the

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applicant to criminal prosecution under s. 837.06; and

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     (e)  A statement that the applicant desires a concealed

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

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     (5)  The applicant shall submit to the Department of

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Agriculture and Consumer Services:

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     (a)  A completed application as described in subsection

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(4).

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

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

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nonrefundable license fee not to exceed $70 for renewal of a

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statewide license. Costs for processing the set of fingerprints

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as required in paragraph (c) shall be borne by the applicant.

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However, an individual holding an active certification from the

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Criminal Justice Standards and Training Commission as a "law

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enforcement officer," "correctional officer," or "correctional

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

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(7), (8), or (9) is exempt from the licensing requirements of

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this section. If any individual holding an active certification

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from the Criminal Justice Standards and Training Commission as a

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"law enforcement officer," a "correctional officer," or a

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"correctional probation officer" as defined in s. 943.10(1),

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(2), (3), (6), (7), (8), or (9) wishes to receive a concealed

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weapons or firearms license, such person is exempt from the

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background investigation and all background investigation fees,

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but shall pay the current license fees regularly required to be

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paid by nonexempt applicants. Further, a law enforcement

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officer, a correctional officer, or a correctional probation

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officer as defined in s. 943.10(1), (2), or (3) is exempt from

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the required fees and background investigation for a period of 1

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

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law enforcement officer, a correctional officer, or a

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correctional probation officer.

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     (c)  A full set of fingerprints of the applicant

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administered by a law enforcement agency.

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

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

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

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taken within the preceding 30 days, in which the head, including

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hair, measures 7/8 of an inch wide and 1 1/8 inches high.

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

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Services, upon receipt of the items listed in subsection (5),

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shall forward the full set of fingerprints of the applicant to

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the Department of Law Enforcement for state and federal

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processing, provided the federal service is available, to be

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processed for any criminal justice information as defined in s.

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943.045. The cost of processing such fingerprints shall be

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payable to the Department of Law Enforcement by the Department

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of Agriculture and Consumer Services.

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     (b)  The sheriff's office shall provide fingerprinting

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

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to exceed $5 for this service.

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     (c)  The Department of Agriculture and Consumer Services

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shall, within 90 days after the date of receipt of the items

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listed in subsection (5):

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     1.  Issue the license; or

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     2.  Deny the application based solely on the ground that

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the applicant fails to qualify under the criteria listed in

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

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Agriculture and Consumer Services denies the application, it

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shall notify the applicant in writing, stating the ground for

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denial and informing the applicant of any right to a hearing

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pursuant to chapter 120.

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     3.  In the event the department receives criminal history

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information with no final disposition on a crime which may

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disqualify the applicant, the time limitation prescribed by this

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paragraph may be suspended until receipt of the final

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disposition or proof of restoration of civil and firearm rights.

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

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determined by the Department of Agriculture and Consumer

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Services or the Federal Bureau of Investigation, cannot be

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obtained after two attempts, the Department of Agriculture and

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Consumer Services shall determine eligibility based upon the

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name checks conducted by the Florida Department of Law

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Enforcement.

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     (e)  A consular security official of a foreign government

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that maintains diplomatic relations and treaties of commerce,

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friendship, and navigation with the United States and is

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certified as such by the foreign government and by the

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appropriate embassy in this country must be issued a license

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

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application, certification document, color photograph as

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

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

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1 year and may be renewed upon completion of the application

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process as provided in this section.

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     (7)  The Department of Agriculture and Consumer Services

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shall maintain an automated listing of licenseholders and

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pertinent information, and such information shall be available

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online, upon request, at all times to all law enforcement

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agencies through the Florida Crime Information Center.

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

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

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destroyed, the licensee shall notify the Department of

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Agriculture and Consumer Services of such change. Failure to

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notify the Department of Agriculture and Consumer Services

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pursuant to the provisions of this subsection shall constitute a

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noncriminal violation with a penalty of $25.

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

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license is lost or destroyed, the license shall be automatically

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invalid, and the person to whom the same was issued may, upon

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payment of $15 to the Department of Agriculture and Consumer

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Services, obtain a duplicate, or substitute thereof, upon

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furnishing a notarized statement to the Department of

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Agriculture and Consumer Services that such license has been

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lost or destroyed.

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

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suspended pursuant to the preceding subsections or revoked

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pursuant to chapter 120, notwithstanding any provision to the

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contrary in chapter 120 if the licensee:

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

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in subsection (2);

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     (b)  Develops or sustains a physical infirmity which

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prevents the safe handling of a weapon or firearm;

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

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ineligible to possess a firearm pursuant to s. 790.23;

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

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

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controlled substances;

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     (e)  Is committed as a substance abuser under chapter 397,

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

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laws of any other state;

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

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similar law of another state, within 3 years of a previous

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conviction of such section, or similar law of another state,

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even though the first violation may have occurred prior to the

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date on which the application was submitted;

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     (g)  Is adjudicated an incapacitated person under s.

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744.331, or similar laws of any other state; or

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     (h)  Is committed to a mental institution under chapter

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394, or similar laws of any other state.

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     (11) A licensee may request an administrative hearing to

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review a suspension or revocation under this section. The

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hearing must be held in accordance with the provisions of

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chapter 120 as they relate to s. 120.57.

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(11)(12)(a) No less than 90 days before the expiration date of

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the license, the Department of Agriculture and Consumer Services

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shall mail to each licensee a written notice of the expiration

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and a renewal form prescribed by the Department of Agriculture

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and Consumer Services. The licensee must renew his or her

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license on or before the expiration date by filing with the

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Department of Agriculture and Consumer Services the renewal form

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containing a notarized affidavit stating that the licensee

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remains qualified pursuant to the criteria specified in

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subsections (2) and (3), a color photograph as specified in

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paragraph (5)(e), and the required renewal fee. Out-of-state

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residents must also submit a completed fingerprint card and

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fingerprint processing fee. The license shall be renewed upon

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receipt of the completed renewal form, color photograph,

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appropriate payment of fees, and, if applicable, a completed

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fingerprint card. Additionally, a licensee who fails to file a

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renewal application on or before its expiration date must renew

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his or her license by paying a late fee of $15. A license may

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not be renewed 180 days or more after its expiration date, and

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such a license is deemed to be permanently expired. A person

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whose license has been permanently expired may reapply for

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licensure; however, an application for licensure and fees under

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subsection (5) must be submitted, and a background investigation

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shall be conducted pursuant to this section. A person who

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knowingly files false information under this subsection is

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subject to criminal prosecution under s. 837.06.

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     (b)  A license issued to a servicemember, as defined in s.

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250.01, is subject to paragraph (a); however, such a license

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does not expire while the servicemember is serving on military

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orders that have taken him or her over 35 miles from his or her

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residence and shall be extended, as provided in this paragraph,

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for up to 180 days after his or her return to such residence. If

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the license renewal requirements in paragraph (a) are met within

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the 180-day extension period, the servicemember may not be

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charged any additional costs, such as, but not limited to, late

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fees or delinquency fees, above the normal license fees. The

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servicemember must present to the Department of Agriculture and

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Consumer Services a copy of his or her official military orders

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or a written verification from the member's commanding officer

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before the end of the 180-day period in order to qualify for the

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extension.

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

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authorize any person to carry a concealed weapon or firearm into

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any place of nuisance as defined in s. 823.05; any police,

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sheriff, or highway patrol station; any detention facility,

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prison, or jail; any courthouse; any courtroom, except that

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nothing in this section would preclude a judge from carrying a

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concealed weapon or determining who will carry a concealed

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weapon in his or her courtroom; any polling place; any meeting

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of the governing body of a county, public school district,

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municipality, or special district; any meeting of the

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

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professional athletic event not related to firearms; any school

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administration building; any portion of an establishment

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licensed to dispense alcoholic beverages for consumption on the

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premises, which portion of the establishment is primarily

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devoted to such purpose; any elementary or secondary school

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facility; any career center; any college or university facility

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unless the licensee is a registered student, employee, or

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faculty member of such college or university and the weapon is a

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stun gun or nonlethal electric weapon or device designed solely

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

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projectile; inside the passenger terminal and sterile area of

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any airport, provided that no person shall be prohibited from

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carrying any legal firearm into the terminal, which firearm is

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encased for shipment for purposes of checking such firearm as

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

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where the carrying of firearms is prohibited by federal law. Any

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person who willfully violates any provision of this subsection

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commits a misdemeanor of the second degree, punishable as

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provided in s. 775.082 or s. 775.083.

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     (13)(14) All moneys collected by the department pursuant

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to this section shall be deposited in the Division of Licensing

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Trust Fund, and the Legislature shall appropriate from the fund

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those amounts deemed necessary to administer the provisions of

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this section. All revenues collected, less those costs

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determined by the Department of Agriculture and Consumer

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Services to be nonrecurring or one-time costs, shall be deferred

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over the 3-year licensure period. Notwithstanding the provisions

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of s. 493.6117, all moneys collected pursuant to this section

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shall not revert to the General Revenue Fund; however, this

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shall not abrogate the requirement for payment of the service

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charge imposed pursuant to chapter 215.

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

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provisions of this section shall be deposited into the general

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revenue fund of the county and shall be budgeted to the sheriff.

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

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policy and fact that it is necessary to provide statewide

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uniform standards for issuing licenses to carry concealed

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

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occupy the field of regulation of the bearing of concealed

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

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law-abiding person who qualifies under the provisions of this

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section is subjectively or arbitrarily denied his or her rights.

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The Department of Agriculture and Consumer Services shall

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implement and administer the provisions of this section. The

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Legislature does not delegate to the Department of Agriculture

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and Consumer Services the authority to regulate or restrict the

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issuing of licenses provided for in this section, beyond those

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provisions contained in this section. Subjective or arbitrary

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actions or rules which encumber the issuing process by placing

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burdens on the applicant beyond those sworn statements and

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specified documents detailed in this section or which create

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restrictions beyond those specified in this section are in

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conflict with the intent of this section and are prohibited.

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This section shall be liberally construed to carry out the

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

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is supplemental and additional to existing rights to bear arms,

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and nothing in this section shall impair or diminish such

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rights.

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     (16)(17) The Department of Agriculture and Consumer

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Services shall maintain statistical information on the number of

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licenses issued, revoked, suspended, and denied.

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

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

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Self Defense Act."

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Section 2.  Paragraph (e) of subsection (2) of section

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790.115, Florida Statutes, is amended to read:

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     790.115  Possessing or discharging weapons or firearms at a

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school-sponsored event or on school property prohibited;

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penalties; exceptions.--

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     (2)

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     (e)  The penalties of this subsection shall not apply to

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persons licensed under s. 790.06. Persons licensed under s.

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790.06 shall be punished as provided in s. 790.06(13) s.

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790.06(12), except that a licenseholder who unlawfully

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discharges a weapon or firearm on school property as prohibited

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by this subsection commits a felony of the second degree,

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punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

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Section 3.  Subsection (1) of section 903.047, Florida

427

Statutes, is amended to read:

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903.047  Conditions of pretrial release.--

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     (1)  As a condition of pretrial release, whether such

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release is by surety bail bond or recognizance bond or in some

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other form, the defendant shall:

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     (a)  Refrain from criminal activity of any kind.

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     (b)  Refrain from any contact of any type with the victim,

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except through pretrial discovery pursuant to the Florida Rules

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of Criminal Procedure.

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     (c) At the request of the prosecuting authority, the

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licensee shall surrender to the clerk of the court a license to

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carry a concealed weapon if the defendant is arrested for any

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crime that would require the Department of Agriculture and

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Consumer Services to deny that license under s. 790.06(3) or

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suspend or revoke that license under s. 790.06(10) and pursuant

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to chapter 120. The Clerk shall, upon receipt, destroy the

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surrendered license. The Comprehensive Case Information System,

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as provided in s. 28.24(12)(e)1., shall develop a report of

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licensees that have had their licenses surrendered under this

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section. This report shall be submitted to the department on no

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less that a monthly basis.

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     (d)(c) Comply with all conditions of pretrial release.

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     Section 4.  This act shall take effect upon becoming a law.

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451

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

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And the title is amended as follows:

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     Delete everything before the enacting clause

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and insert:

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A bill to be entitled

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An act relating to concealed weapons licenses; amending s.

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790.06, F.S.; requiring that a license shall be revoked or

459

suspended under certain circumstances; clarifying the

460

meaning of "final disposition of the case" for purposes of

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suspending a license; requiring that a license shall be

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suspended until the licensee's completion of any community

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supervision imposed by a court for any disqualifying

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crime; providing that under certain circumstances, a

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license issued under this section shall be suspended or

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revoked, notwithstanding any provision to the contrary in

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chapter 120; providing that a licensee may request an

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administrative hearing, and that the hearing will be held

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in accordance with the provisions of chapter 120 as they

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relate to s. 120.57, F.S.; amending s. 790.115, F.S.,

471

relating to possessing or discharging a weapon on school

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property; conforming a cross-reference; amending s.

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903.047, F.S.; requiring that at the request of the

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prosecuting authority, a defendant will surrender a

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license to the clerk of the court as a condition of

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pretrial release if the defendant is arrested for any

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crime that would require the department to deny, suspend,

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or revoke the license; providing that the Comprehensive

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Case Information System, as provided in s. 28.24(12)(e)1.,

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shall develop a report of licensees that have had their

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licenses surrendered under this section, and that this

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report shall be submitted to the department on no less

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that a monthly basis; providing an effective date.

3/24/2008  8:08:00 AM     CM.CM.05492