| 1 | A bill to be entitled |
| 2 | An act relating to licensure to carry a concealed weapon |
| 3 | or firearm; amending s. 790.06, F.S.; revising conditions |
| 4 | precedent to the issuance of a license to carry a |
| 5 | concealed weapon or firearm; revising conditions under |
| 6 | which a license to carry a concealed weapon or firearm |
| 7 | must be suspended or revoked and under which an |
| 8 | application for such license must be denied or the |
| 9 | processing thereof suspended; making a technical |
| 10 | correction; providing an effective date. |
| 11 |
|
| 12 | Be It Enacted by the Legislature of the State of Florida: |
| 13 |
|
| 14 | Section 1. Paragraphs (e), (f), and (k) of subsection (2), |
| 15 | subsection (3), paragraph (f) of subsection (10), and subsection |
| 16 | (13) of section 790.06, Florida Statutes, are amended to read: |
| 17 | 790.06 License to carry concealed weapon or firearm.-- |
| 18 | (2) The Department of Agriculture and Consumer Services |
| 19 | shall issue a license if the applicant: |
| 20 | (e) Has not been committed for the abuse of a controlled |
| 21 | substance or been found guilty of a crime under the provisions |
| 22 | of chapter 893 or similar laws of any other state relating to |
| 23 | controlled substances within a 5-year 3-year period immediately |
| 24 | preceding the date on which the application is submitted; |
| 25 | (f) Does not chronically and habitually use alcoholic |
| 26 | beverages or other substances to the extent that his or her |
| 27 | normal faculties are impaired. It shall be presumed that an |
| 28 | applicant chronically and habitually uses alcoholic beverages or |
| 29 | other substances to the extent that his or her normal faculties |
| 30 | are impaired if the applicant has been committed under chapter |
| 31 | 397 or under the provisions of former chapter 396 or has been |
| 32 | convicted under s. 790.151 or has been deemed a habitual |
| 33 | offender under s. 856.011(3), or has had two or more convictions |
| 34 | under s. 316.193 or similar laws of any other state, within the |
| 35 | 5-year 3-year period immediately preceding the date on which the |
| 36 | application is submitted; |
| 37 | (k) Has not had adjudication of guilt withheld or |
| 38 | imposition of sentence suspended on any felony or misdemeanor |
| 39 | crime of domestic violence unless 5 3 years have elapsed since |
| 40 | probation or any other conditions set by the court have been |
| 41 | fulfilled, or the record has been sealed or expunged; |
| 42 | (3) The Department of Agriculture and Consumer Services |
| 43 | must shall deny a license if the applicant has been found guilty |
| 44 | of, had adjudication of guilt withheld for, or had imposition of |
| 45 | sentence suspended for one or more crimes of violence |
| 46 | constituting a misdemeanor, unless 5 3 years have elapsed since |
| 47 | probation or any other conditions set by the court have been |
| 48 | fulfilled or the record has been sealed or expunged. The |
| 49 | Department of Agriculture and Consumer Services must shall |
| 50 | revoke a license if the licensee has been found guilty of, had |
| 51 | adjudication of guilt withheld for, or had imposition of |
| 52 | sentence suspended for one or more crimes of violence within the |
| 53 | preceding 5 3 years. The department must shall, upon |
| 54 | notification by a law enforcement agency, a court, or the |
| 55 | Florida Department of Law Enforcement and subsequent written |
| 56 | verification, suspend a license or the processing of an |
| 57 | application for a license if the licensee or applicant is |
| 58 | arrested or formally charged with a crime that would disqualify |
| 59 | such person from having a license under this section, until |
| 60 | final disposition of the case resulting in the charges being |
| 61 | dismissed or nolle prossed by the state attorney's office, the |
| 62 | Office of Statewide Prosecution, or a court of competent |
| 63 | jurisdiction. The department must shall suspend a license or the |
| 64 | processing of an application for a license if the licensee or |
| 65 | applicant is issued an injunction that restrains the licensee or |
| 66 | applicant from committing acts of domestic violence or acts of |
| 67 | repeat violence. |
| 68 | (10) A license issued under this section shall be |
| 69 | suspended or revoked pursuant to chapter 120 if the licensee: |
| 70 | (f) Is convicted of a second violation of s. 316.193, or a |
| 71 | similar law of another state, within 5 3 years of a previous |
| 72 | conviction of such section, or similar law of another state, |
| 73 | even though the first violation may have occurred prior to the |
| 74 | date on which the application was submitted; |
| 75 | (13) All moneys collected by the department pursuant to |
| 76 | this section shall be deposited in the Division of Licensing |
| 77 | Trust Fund, and the Legislature shall appropriate from the fund |
| 78 | those amounts deemed necessary to administer the provisions of |
| 79 | this section. All revenues collected, less those costs |
| 80 | determined by the Department of Agriculture and Consumer |
| 81 | Services to be nonrecurring or one-time costs, shall be deferred |
| 82 | over the 5-year 3-year licensure period. Notwithstanding the |
| 83 | provisions of s. 493.6117, all moneys collected pursuant to this |
| 84 | section shall not revert to the General Revenue Fund; however, |
| 85 | this shall not abrogate the requirement for payment of the |
| 86 | service charge imposed pursuant to chapter 215. |
| 87 | Section 2. This act shall take effect October 1, 2008. |