Florida Senate - 2009 SB 140 By Senator Bullard 39-00237-09 2009140__ 1 A bill to be entitled 2 An act relating to licensure to carry a concealed 3 weapon or firearm; amending s. 790.06, F.S.; revising 4 conditions precedent to the issuance of a license to 5 carry a concealed weapon or firearm; revising 6 conditions under which a license to carry a concealed 7 weapon or firearm is suspended or revoked and under 8 which an application for such license is denied or the 9 processing thereof suspended; making technical 10 corrections; providing an effective date. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14 Section 1. Subsections (2), (3), (10), and (13) of section 15 790.06, Florida Statutes, are amended to read: 16 790.06 License to carry concealed weapon or firearm.— 17 (2) The Department of Agriculture and Consumer Services 18 shall issue a license if the applicant: 19 (a) Is a resident of the United States and a citizen of the 20 United States or a permanent resident alien of the United 21 States, as determined by the United States Bureau of Citizenship 22 and Immigration Services, or is a consular security official of 23 a foreign government that maintains diplomatic relations and 24 treaties of commerce, friendship, and navigation with the United 25 States and is certified as such by the foreign government and by 26 the appropriate embassy in this country; 27 (b) Is 21 years of age or older; 28 (c) Does not suffer from a physical infirmity which 29 prevents the safe handling of a weapon or firearm; 30 (d) Is not ineligible to possess a firearm pursuant to s. 31 790.23 by virtue of having been convicted of a felony; 32 (e) Has not been committed for the abuse of a controlled 33 substance or been found guilty of a crime under the provisions 34 of chapter 893 or similar laws of any other state relating to 35 controlled substances within a 5-year3-yearperiod immediately 36 preceding the date on which the application is submitted; 37 (f) Does not chronically and habitually use alcoholic 38 beverages or other substances to the extent that his or her 39 normal faculties are impaired. It shall be presumed that an 40 applicant chronically and habitually uses alcoholic beverages or 41 other substances to the extent that his or her normal faculties 42 are impaired if the applicant has been committed under chapter 43 397 or under the provisions of former chapter 396 or has been 44 convicted under s. 790.151 or has been deemed a habitual 45 offender under s. 856.011(3), or has had two or more convictions 46 under s. 316.193 or similar laws of any other state, within the 47 5-year3-yearperiod immediately preceding the date on which the 48 application is submitted; 49 (g) Desires a legal means to carry a concealed weapon or 50 firearm for lawful self-defense; 51 (h) Demonstrates competence with a firearm by any one of 52 the following: 53 1. Completion of any hunter education or hunter safety 54 course approved by the Fish and Wildlife Conservation Commission 55 or a similar agency of another state; 56 2. Completion of any National Rifle Association firearms 57 safety or training course; 58 3. Completion of any firearms safety or training course or 59 class available to the general public offered by a law 60 enforcement, junior college, college, or private or public 61 institution or organization or firearms training school, 62 utilizing instructors certified by the National Rifle 63 Association, Criminal Justice Standards and Training Commission, 64 or the Department of Agriculture and Consumer Services; 65 4. Completion of any law enforcement firearms safety or 66 training course or class offered for security guards, 67 investigators, special deputies, or any division or subdivision 68 of law enforcement or security enforcement; 69 5. Presents evidence of equivalent experience with a 70 firearm through participation in organized shooting competition 71 or military service; 72 6. Is licensed or has been licensed to carry a firearm in 73 this state or a county or municipality of this state, unless 74 such license has been revoked for cause; or 75 7. Completion of any firearms training or safety course or 76 class conducted by a state-certified or National Rifle 77 Association certified firearms instructor; 78 A photocopy of a certificate of completion of any of the courses 79 or classes; or an affidavit from the instructor, school, club, 80 organization, or group that conducted or taught said course or 81 class attesting to the completion of the course or class by the 82 applicant; or a copy of any document which shows completion of 83 the course or class or evidences participation in firearms 84 competition shall constitute evidence of qualification under 85 this paragraph; any person who conducts a course pursuant to 86 subparagraph 2., subparagraph 3., or subparagraph 7., or who, as 87 an instructor, attests to the completion of such courses, must 88 maintain records certifying that he or she observed the student 89 safely handle and discharge the firearm; 90 (i) Has not been adjudicated an incapacitated person under 91 s. 744.331, or similar laws of any other state, unless 5 years 92 have elapsed since the applicant's restoration to capacity by 93 court order; 94 (j) Has not been committed to a mental institution under 95 chapter 394, or similar laws of any other state, unless the 96 applicant produces a certificate from a licensed psychiatrist 97 that he or she has not suffered from disability for at least 5 98 years prior to the date of submission of the application; 99 (k) Has not had adjudication of guilt withheld or 100 imposition of sentence suspended on any felony or misdemeanor 101 crime of domestic violence unless 53years have elapsed since 102 probation or any other conditions set by the court have been 103 fulfilled, or the record has been sealed or expunged; 104 (l) Has not been issued an injunction that is currently in 105 force and effect and that restrains the applicant from 106 committing acts of domestic violence or acts of repeat violence; 107 and 108 (m) Is not prohibited from purchasing or possessing a 109 firearm by any otherprovision ofFlorida or federal law. 110 (3) The Department of Agriculture and Consumer Services 111 shall deny a license if the applicant has been found guilty of, 112 had adjudication of guilt withheld for, or had imposition of 113 sentence suspended for one or more crimes of violence 114 constituting a misdemeanor, unless 53years have elapsed since 115 probation or any other conditions set by the court have been 116 fulfilled or the record has been sealed or expunged. The 117 Department of Agriculture and Consumer Services shall revoke a 118 license if the licensee has been found guilty of, had 119 adjudication of guilt withheld for, or had imposition of 120 sentence suspended for one or more crimes of violence within the 121 preceding 53years. The department shall, upon notification by 122 a law enforcement agency, a court, or theFloridaDepartment of 123 Law Enforcement and subsequent written verification, suspend a 124 license or the processing of an application for a license if the 125 licensee or applicant is arrested or formally charged with a 126 crime that would disqualify thesuchperson from having a 127 license under this section, until final disposition of the case 128 resulting in the charges being dismissed or nolle prossed by the 129 state attorney's office, the Office of Statewide Prosecution, or 130 a court of competent jurisdiction. The department shall suspend 131 a license or the processing of an application for a license if 132 the licensee or applicant is issued an injunction that restrains 133 the licensee or applicant from committing acts of domestic 134 violence or acts of repeat violence. 135 (10) A license issued under this section shall be suspended 136 or revoked pursuant to chapter 120 if the licensee: 137 (a) Is found to be ineligible under the criteria set forth 138 in subsection (2); 139 (b) Develops or sustains a physical infirmity which 140 prevents the safe handling of a weapon or firearm; 141 (c) Is convicted of a felony which would make the licensee 142 ineligible to possess a firearm pursuant to s. 790.23; 143 (d) Is found guilty of a crime under the provisions of 144 chapter 893, or similar laws of any other state, relating to 145 controlled substances; 146 (e) Is committed as a substance abuser under chapter 397, 147 or is deemed a habitual offender under s. 856.011(3), or similar 148 laws of any other state; 149 (f) Is convicted of a second violation of s. 316.193, or a 150 similar law of another state, within 53years of a previous 151 conviction of such section, or similar law of another state, 152 even though the first violation may have occurred prior to the 153 date on which the application was submitted; 154 (g) Is adjudicated an incapacitated person under s. 155 744.331, or similar laws of any other state; or 156 (h) Is committed to a mental institution under chapter 394, 157 or similar laws of any other state. 158 (13) All moneys collected by the department pursuant to 159 this section shall be deposited in the Division of Licensing 160 Trust Fund, and the Legislature shall appropriate from the fund 161 those amounts deemed necessary to administerthe provisions of162 this section. All revenues collected, less those costs 163 determined by the Department of Agriculture and Consumer 164 Services to be nonrecurring or one-time costs, shall be deferred 165 over the 7-year licensure period. Notwithstandingthe provisions166ofs. 493.6117, all moneys collected pursuant to this section do 167shallnot revert to the General Revenue Fund; however, this does 168shallnot abrogate the requirement for payment of the service 169 charge imposed pursuant to chapter 215. 170 Section 2. This act shall take effect July 1, 2009.