1

A bill to be entitled

2

An act relating to concealed weapons licenses; amending s.

3

790.06, F.S.; requiring the Department of Agriculture and

4

Consumer Services to deny, revoke, or suspend a license

5

under certain circumstances; increasing the period that a

6

denial, revocation, or suspension of a license remains in

7

effect; clarifying the meaning of "final disposition of

8

the case" for purposes of suspending a license; requiring

9

the court to revoke a license along with imposing sentence

10

under certain circumstances; requiring the court to

11

suspend a license as a condition of probation; amending s.

12

790.115, F.S., relating to possessing or discharging a

13

weapon on school property; conforming a cross-reference;

14

amending s. 903.047, F.S.; requiring a defendant to

15

surrender a license to the clerk of the court as a

16

condition of pretrial release if the defendant is arrested

17

for any crime that would require the department to deny,

18

suspend, or revoke the license; providing an effective

19

date.

20

21

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

22

23

     Section 1.  Subsection (3) of section 790.06, Florida

24

Statutes, is amended, present subsections (11) through (17) of

25

that section are redesignated as subsections (12) through (18),

26

respectively, and a new subsection (11) is added to that section,

27

to read:

28

790.06  License to carry concealed weapon or firearm.--

29

     (3)  The Department of Agriculture and Consumer Services

30

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

31

had adjudication of guilt withheld for, or had imposition of

32

sentence suspended for one or more crimes of violence

33

constituting a misdemeanor, unless 5 3 years have elapsed since

34

probation or any other conditions set by the court have been

35

fulfilled or the record has been sealed or expunged. The

36

Department of Agriculture and Consumer Services shall revoke a

37

license if the licensee has been found guilty of, had

38

adjudication of guilt withheld for, or had imposition of sentence

39

suspended for one or more crimes of violence within the preceding

40

5 3 years. The department shall, upon notification by a law

41

enforcement agency, a court, or the Florida Department of Law

42

Enforcement and subsequent written verification, suspend a

43

license or the processing of an application for a license if the

44

licensee or applicant is arrested or formally charged with a

45

crime that would disqualify such person from having a license

46

under this section, until final disposition of the case resulting

47

in the charges being dismissed or nolle prossed by the state

48

attorney's office, the Office of Statewide Prosecution, or a

49

court of competent jurisdiction. The department shall suspend a

50

license or the processing of an application for a license if the

51

licensee or applicant is issued an injunction that restrains the

52

licensee or applicant from committing acts of domestic violence

53

or acts of repeat violence.

54

     (11)(a) The court shall revoke a license issued under this

55

section along with imposing sentence effective the date of the

56

conviction if the licensee is:

57

     1. Convicted of a felony that would make the licensee

58

ineligible to possess a firearm pursuant to s. 790.23;

59

     2. Found guilty of a crime under the provisions of chapter

60

893; or

61

     3. Convicted of a second violation of s. 316.193 within 3

62

years following a previous conviction under that section, or a

63

similar law of another state, regardless of whether the first

64

violation occurred before the date on which the application was

65

submitted.

66

     (b) The court shall suspend a license issued under this

67

section as a condition of probation for the period of probation

68

if the licensee is placed on felony probation or misdemeanor

69

probation for a crime of violence, regardless of whether

70

adjudication of guilt is withheld.

71

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

72

790.115, Florida Statutes, is amended to read:

73

     790.115  Possessing or discharging weapons or firearms at a

74

school-sponsored event or on school property prohibited;

75

penalties; exceptions.--

76

     (2)

77

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

78

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

79

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

80

790.06(12), except that a licenseholder who unlawfully discharges

81

a weapon or firearm on school property as prohibited by this

82

subsection commits a felony of the second degree, punishable as

83

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

84

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

85

Statutes, is amended to read:

86

903.047  Conditions of pretrial release.--

87

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

88

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

89

other form, the defendant shall:

90

     (a)  Refrain from criminal activity of any kind.

91

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

92

except through pretrial discovery pursuant to the Florida Rules

93

of Criminal Procedure.

94

     (c) Surrender to the clerk of the court a license to carry

95

a concealed weapon if the defendant is arrested for any crime

96

that would require the Department of Agriculture and Consumer

97

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

98

revoke that license under s. 790.06(10) and pursuant to chapter

99

120.

100

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

101

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