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A bill to be entitled

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An act relating to licensure to carry a concealed weapon

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or firearm; amending s. 790.06, F.S.; revising conditions

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precedent to the issuance of a license to carry a

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concealed weapon or firearm; revising conditions under

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which a license to carry a concealed weapon or firearm

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must be suspended or revoked and under which an

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application for such license must be denied or the

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processing thereof suspended; making a technical

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correction; providing an effective date.

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

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     Section 1.  Paragraphs (e), (f), and (k) of subsection (2),

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subsection (3), paragraph (f) of subsection (10), and subsection

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(13) of section 790.06, Florida Statutes, are amended to read:

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     790.06  License to carry concealed weapon or firearm.--

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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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     (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 of

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chapter 893 or similar laws of any other state relating to

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controlled substances within a 5-year 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 offender

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

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316.193 or similar laws of any other state, within the 5-year 3-

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year period immediately preceding the date on which the

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application is submitted;

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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 5 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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     (3)  The Department of Agriculture and Consumer Services

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must shall deny a license if the applicant has been found guilty

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of, 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 5 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. The

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Department of Agriculture and Consumer Services must shall revoke

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a license if the licensee has been found guilty of, had

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adjudication of guilt withheld for, or had imposition of sentence

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suspended for one or more crimes of violence within the preceding

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

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

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Enforcement and subsequent written verification, suspend a

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

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licensee or applicant is arrested or formally charged with a

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crime that would disqualify such person from having a license

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under this section, until final disposition of the case resulting

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in the charges being dismissed or nolle prossed by the state

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

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court of competent jurisdiction. The department must shall

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suspend a license or the processing of an application for a

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license if the licensee or applicant is issued an injunction that

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restrains the licensee or applicant from committing acts of

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domestic violence or acts of repeat violence.

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

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or revoked pursuant to chapter 120 if the licensee:

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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 5 3 years of a previous

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

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though the first violation may have occurred prior to the date on

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which the application was submitted;

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     (13)  All moneys collected by the department pursuant to

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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 determined

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by the Department of Agriculture and Consumer Services to be

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nonrecurring or one-time costs, shall be deferred over the 5-year

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3-year licensure period. Notwithstanding the provisions of s.

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493.6117, all moneys collected pursuant to this section shall not

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

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abrogate the requirement for payment of the service charge

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imposed pursuant to chapter 215.

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     Section 2.  This act shall take effect October 1, 2008.