Florida Senate - 2009                                    SB 1074
       
       
       
       By Senator Baker
       
       
       
       
       20-00907A-09                                          20091074__
    1                        A bill to be entitled                      
    2         An act relating to carrying of concealed weapons or
    3         firearms; amending s. 790.061, F.S.; providing that
    4         any county court judge, circuit court judge, district
    5         court of appeal judge, justice of the Supreme Court,
    6         federal district court judge, or federal court of
    7         appeals judge serving in this state, or such a judge
    8         who is retired or on senior status, and in compliance
    9         with specified requirements shall be allowed to carry
   10         a concealed weapon or firearm at any time and into any
   11         place or facility in the state; providing exceptions;
   12         amending s. 790.115, F.S.; including specified
   13         justices and judges within provisions of
   14         nonapplicability with respect to the prohibited
   15         possession or discharge of weapons or firearms at a
   16         school-sponsored event or on school property, to
   17         conform; providing an effective date.
   18         
   19  Be It Enacted by the Legislature of the State of Florida:
   20         
   21         Section 1. Section 790.061, Florida Statutes, is amended to
   22  read:
   23         790.061 Judges and justices; exceptions from licensure
   24  provisions; authority to carry concealed weapon or firearm.—
   25         (1) A county court judge, circuit court judge, district
   26  court of appeal judge, justice of the Supreme Court supreme
   27  court, federal district court judge, or federal court of appeals
   28  judge serving in this state, or such a judge who is retired or
   29  on senior status, is not required to comply with the provisions
   30  of s. 790.06 in order to receive a license to carry a concealed
   31  weapon or firearm, except that any such justice or judge must
   32  comply with the provisions of s. 790.06(2)(h). The Department of
   33  Agriculture and Consumer Services shall issue a license to carry
   34  a concealed weapon or firearm to any such justice or judge upon
   35  demonstration of competence of the justice or judge pursuant to
   36  s. 790.06(2)(h).
   37         (2) Notwithstanding the provisions of ss. 790.06(12) and
   38  790.115, any county court judge, circuit court judge, district
   39  court of appeal judge, justice of the Supreme Court, federal
   40  district court judge, or federal court of appeals judge serving
   41  in this state, or such a judge who is retired or on senior
   42  status, and in compliance with this section shall be allowed to
   43  carry a concealed weapon or firearm at any time and into any
   44  place or facility in the state, except a prison, jail, airport,
   45  or any place or facility where carrying a concealed weapon is
   46  restricted by federal law.
   47         Section 2. Section 790.115, Florida Statutes, is amended to
   48  read:
   49         790.115 Possessing or discharging weapons or firearms at a
   50  school-sponsored event or on school property prohibited;
   51  penalties; exceptions.—
   52         (1) A person who exhibits any sword, sword cane, firearm,
   53  electric weapon or device, destructive device, or other weapon
   54  as defined in s. 790.001(13), including a razor blade, box
   55  cutter, or common pocketknife, except as authorized in support
   56  of school-sanctioned activities, in the presence of one or more
   57  persons in a rude, careless, angry, or threatening manner and
   58  not in lawful self-defense, at a school-sponsored event or on
   59  the grounds or facilities of any school, school bus, or school
   60  bus stop, or within 1,000 feet of the real property that
   61  comprises a public or private elementary school, middle school,
   62  or secondary school, during school hours or during the time of a
   63  sanctioned school activity, commits a felony of the third
   64  degree, punishable as provided in s. 775.082, s. 775.083, or s.
   65  775.084. This subsection does not apply to the exhibition of a
   66  firearm or weapon on private real property within 1,000 feet of
   67  a school by the owner of such property or by a person whose
   68  presence on such property has been authorized, licensed, or
   69  invited by the owner.
   70         (2)(a) A person shall not possess any firearm, electric
   71  weapon or device, destructive device, or other weapon as defined
   72  in s. 790.001(13), including a razor blade or box cutter, except
   73  as authorized in support of school-sanctioned activities, at a
   74  school-sponsored event or on the property of any school, school
   75  bus, or school bus stop; however, a person may carry a firearm:
   76         1. In a case to a firearms program, class or function which
   77  has been approved in advance by the principal or chief
   78  administrative officer of the school as a program or class to
   79  which firearms could be carried;
   80         2. In a case to a career center having a firearms training
   81  range; or
   82         3. In a vehicle pursuant to s. 790.25(5); except that
   83  school districts may adopt written and published policies that
   84  waive the exception in this subparagraph for purposes of student
   85  and campus parking privileges.
   86  For the purposes of this section, “school” means any preschool,
   87  elementary school, middle school, junior high school, secondary
   88  school, career center, or postsecondary school, whether public
   89  or nonpublic.
   90         (b) A person who willfully and knowingly possesses any
   91  electric weapon or device, destructive device, or other weapon
   92  as defined in s. 790.001(13), including a razor blade or box
   93  cutter, except as authorized in support of school-sanctioned
   94  activities, in violation of this subsection commits a felony of
   95  the third degree, punishable as provided in s. 775.082, s.
   96  775.083, or s. 775.084.
   97         (c)1. A person who willfully and knowingly possesses any
   98  firearm in violation of this subsection commits a felony of the
   99  third degree, punishable as provided in s. 775.082, s. 775.083,
  100  or s. 775.084.
  101         2. A person who stores or leaves a loaded firearm within
  102  the reach or easy access of a minor who obtains the firearm and
  103  commits a violation of subparagraph 1. commits a misdemeanor of
  104  the second degree, punishable as provided in s. 775.082 or s.
  105  775.083; except that this does not apply if the firearm was
  106  stored or left in a securely locked box or container or in a
  107  location which a reasonable person would have believed to be
  108  secure, or was securely locked with a firearm-mounted push
  109  button combination lock or a trigger lock; if the minor obtains
  110  the firearm as a result of an unlawful entry by any person; or
  111  to members of the Armed Forces, National Guard, or State
  112  Militia, or to police or other law enforcement officers, with
  113  respect to firearm possession by a minor which occurs during or
  114  incidental to the performance of their official duties.
  115         (d) A person who discharges any weapon or firearm while in
  116  violation of paragraph (a), unless discharged for lawful defense
  117  of himself or herself or another or for a lawful purpose,
  118  commits a felony of the second degree, punishable as provided in
  119  s. 775.082, s. 775.083, or s. 775.084.
  120         (e) The penalties of this subsection shall not apply to
  121  persons licensed under s. 790.06. Persons licensed under s.
  122  790.06 shall be punished as provided in s. 790.06(12), except
  123  that a licenseholder who unlawfully discharges a weapon or
  124  firearm on school property as prohibited by this subsection
  125  commits a felony of the second degree, punishable as provided in
  126  s. 775.082, s. 775.083, or s. 775.084.
  127         (3) This section does not apply to any law enforcement
  128  officer as defined in s. 943.10(1), (2), (3), (4), (6), (7),
  129  (8), (9), or (14) or to any county court judge, circuit court
  130  judge, district court of appeal judge, justice of the Supreme
  131  Court, federal district court judge, or federal court of appeals
  132  judge serving in this state, or such a judge who is retired or
  133  on senior status, and in compliance with ss. 790.06(2)(h) and
  134  790.061.
  135         (4) Notwithstanding s. 985.24, s. 985.245, or s. 985.25(1),
  136  any minor under 18 years of age who is charged under this
  137  section with possessing or discharging a firearm on school
  138  property shall be detained in secure detention, unless the state
  139  attorney authorizes the release of the minor, and shall be given
  140  a probable cause hearing within 24 hours after being taken into
  141  custody. At the hearing, the court may order that the minor
  142  continue to be held in secure detention for a period of 21 days,
  143  during which time the minor shall receive medical, psychiatric,
  144  psychological, or substance abuse examinations pursuant to s.
  145  985.18, and a written report shall be completed.
  146         Section 3. This act shall take effect upon becoming a law.