1

A bill to be entitled

2

An act relating to concealed weapons licenses; amending s.

3

790.06, F.S.; extending the period that a license is

4

valid; specifying that the United States residency

5

required to obtain a license to carry a concealed weapon

6

or firearm means that the licensee must be a United States

7

citizen or a permanent resident alien of the United

8

States; providing legislative intent; providing

9

applicability; providing an effective date.

10

11

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

12

13

     Section 1.  Subsections (1), (2), and (13) of section

14

790.06, Florida Statutes, are amended to read:

15

     790.06  License to carry concealed weapon or firearm.--

16

     (1)  The Department of Agriculture and Consumer Services is

17

authorized to issue licenses to carry concealed weapons or

18

concealed firearms to persons qualified as provided in this

19

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

20

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

21

concealed firearms are defined as a handgun, electronic weapon or

22

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

23

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

24

shall be valid throughout the state for a period of 7 5 years

25

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

26

terms of such license may carry a concealed weapon or concealed

27

firearm notwithstanding the provisions of s. 790.01. The licensee

28

must carry the license, together with valid identification, at

29

all times in which the licensee is in actual possession of a

30

concealed weapon or firearm and must display both the license and

31

proper identification upon demand by a law enforcement officer.

32

Violations of the provisions of this subsection shall constitute

33

a noncriminal violation with a penalty of $25, payable to the

34

clerk of the court.

35

     (2)  The Department of Agriculture and Consumer Services

36

shall issue a license if the applicant:

37

     (a) Is a resident of the United States and a citizen of the

38

United States or a permanent resident alien of the United States,

39

as determined by the United States Bureau of Citizenship and

40

Immigration Services, or is a consular security official of a

41

foreign government that maintains diplomatic relations and

42

treaties of commerce, friendship, and navigation with the United

43

States and is certified as such by the foreign government and by

44

the appropriate embassy in this country;

45

     (b)  Is 21 years of age or older;

46

     (c)  Does not suffer from a physical infirmity which

47

prevents the safe handling of a weapon or firearm;

48

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

49

790.23 by virtue of having been convicted of a felony;

50

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

51

substance or been found guilty of a crime under the provisions of

52

chapter 893 or similar laws of any other state relating to

53

controlled substances within a 3-year period immediately

54

preceding the date on which the application is submitted;

55

     (f)  Does not chronically and habitually use alcoholic

56

beverages or other substances to the extent that his or her

57

normal faculties are impaired. It shall be presumed that an

58

applicant chronically and habitually uses alcoholic beverages or

59

other substances to the extent that his or her normal faculties

60

are impaired if the applicant has been committed under chapter

61

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

62

convicted under s. 790.151 or has been deemed a habitual offender

63

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

64

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

65

period immediately preceding the date on which the application is

66

submitted;

67

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

68

firearm for lawful self-defense;

69

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

70

the following:

71

     1.  Completion of any hunter education or hunter safety

72

course approved by the Fish and Wildlife Conservation Commission

73

or a similar agency of another state;

74

     2.  Completion of any National Rifle Association firearms

75

safety or training course;

76

     3.  Completion of any firearms safety or training course or

77

class available to the general public offered by a law

78

enforcement, junior college, college, or private or public

79

institution or organization or firearms training school,

80

utilizing instructors certified by the National Rifle

81

Association, Criminal Justice Standards and Training Commission,

82

or the Department of Agriculture and Consumer Services;

83

     4.  Completion of any law enforcement firearms safety or

84

training course or class offered for security guards,

85

investigators, special deputies, or any division or subdivision

86

of law enforcement or security enforcement;

87

     5.  Presents evidence of equivalent experience with a

88

firearm through participation in organized shooting competition

89

or military service;

90

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

91

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

92

license has been revoked for cause; or

93

     7.  Completion of any firearms training or safety course or

94

class conducted by a state-certified or National Rifle

95

Association certified firearms instructor;

96

97

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

98

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

99

organization, or group that conducted or taught said course or

100

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

101

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

102

the course or class or evidences participation in firearms

103

competition shall constitute evidence of qualification under this

104

paragraph; any person who conducts a course pursuant to

105

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

106

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

107

maintain records certifying that he or she observed the student

108

safely handle and discharge the firearm;

109

     (i)  Has not been adjudicated an incapacitated person under

110

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

111

have elapsed since the applicant's restoration to capacity by

112

court order;

113

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

114

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

115

applicant produces a certificate from a licensed psychiatrist

116

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

117

years prior to the date of submission of the application;

118

     (k)  Has not had adjudication of guilt withheld or

119

imposition of sentence suspended on any felony or misdemeanor

120

crime of domestic violence unless 3 years have elapsed since

121

probation or any other conditions set by the court have been

122

fulfilled, or the record has been sealed or expunged;

123

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

124

force and effect and that restrains the applicant from committing

125

acts of domestic violence or acts of repeat violence; and

126

     (m)  Is not prohibited from purchasing or possessing a

127

firearm by any other provision of Florida or federal law.

128

     (13)  All moneys collected by the department pursuant to

129

this section shall be deposited in the Division of Licensing

130

Trust Fund, and the Legislature shall appropriate from the fund

131

those amounts deemed necessary to administer the provisions of

132

this section. All revenues collected, less those costs determined

133

by the Department of Agriculture and Consumer Services to be

134

nonrecurring or one-time costs, shall be deferred over the 7-year

135

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

136

493.6117, all moneys collected pursuant to this section shall not

137

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

138

abrogate the requirement for payment of the service charge

139

imposed pursuant to chapter 215.

140

     Section 2. This act is remedial in nature and applies to

141

all applications for a license pending on the date this act

142

becomes a law as well as to all licenses renewed after the

143

effective date of this act.

144

     Section 3.  This act shall take effect upon becoming a law.