Florida Senate - 2008 CS for SB 948
By the Committee on Commerce; and Senator Diaz de la Portilla
577-05722-08 2008948c1
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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.; specifying that the United States residency
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required to obtain a license to carry a concealed weapon
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or firearm means that the licensee must be a United States
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citizen or a permanent resident alien of the United
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States; providing legislative intent; providing
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applicability; 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. Subsection (2) of section 790.06, Florida
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Statutes, is 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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(a) Is a resident of the United States and a citizen of the
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United States or a permanent resident alien of the United States,
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as determined by the United States Bureau of Citizenship and
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Immigration Services, or is a consular security official of a
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foreign government that maintains diplomatic relations and
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treaties of commerce, friendship, and navigation with the United
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States and is certified as such by the foreign government and by
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the appropriate embassy in this 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 of
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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 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 3-year
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period immediately preceding the date on which the application is
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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 such
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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 this
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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 committing
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acts of domestic violence or acts of repeat violence; 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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Section 2. This act is remedial in nature and applies to
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all applications for a license pending on the date this act
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becomes a law as well as to all licenses renewed after the
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effective date of this act.
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Section 3. This act shall take effect upon becoming a law.
CODING: Words stricken are deletions; words underlined are additions.