| 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 any |
| 4 | county court judge, circuit court judge, district court of |
| 5 | appeal judge, justice of the Supreme Court, federal |
| 6 | district court judge, or federal court of appeals judge |
| 7 | serving in this state, or such a judge who is retired or |
| 8 | on senior status, and in compliance with specified |
| 9 | requirements shall be allowed to carry a concealed weapon |
| 10 | or firearm at any time and into any place or facility in |
| 11 | the state; providing exceptions; amending s. 790.115, |
| 12 | F.S.; including specified justices and judges within |
| 13 | provisions of nonapplicability with respect to the |
| 14 | prohibited possession or discharge of weapons or firearms |
| 15 | at a school-sponsored event or on school property, to |
| 16 | conform; providing an effective date. |
| 17 |
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| 18 | Be It Enacted by the Legislature of the State of Florida: |
| 19 |
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| 20 | Section 1. Section 790.061, Florida Statutes, is amended |
| 21 | to read: |
| 22 | 790.061 Judges and justices; exceptions from licensure |
| 23 | provisions; authority to carry concealed weapon or firearm.-- |
| 24 | (1) A county court judge, circuit court judge, district |
| 25 | court of appeal judge, justice of the Supreme Court supreme |
| 26 | court, federal district court judge, or federal court of appeals |
| 27 | judge serving in this state, or such a judge who is retired or |
| 28 | on senior status, is not required to comply with the provisions |
| 29 | of s. 790.06 in order to receive a license to carry a concealed |
| 30 | weapon or firearm, except that any such justice or judge must |
| 31 | comply with the provisions of s. 790.06(2)(h). The Department of |
| 32 | Agriculture and Consumer Services shall issue a license to carry |
| 33 | a concealed weapon or firearm to any such justice or judge upon |
| 34 | demonstration of competence of the justice or judge pursuant to |
| 35 | s. 790.06(2)(h). |
| 36 | (2) Notwithstanding the provisions of ss. 790.06(12) and |
| 37 | 790.115, any county court judge, circuit court judge, district |
| 38 | court of appeal judge, justice of the Supreme Court, federal |
| 39 | district court judge, or federal court of appeals judge serving |
| 40 | in this state, or such a judge who is retired or on senior |
| 41 | status, and in compliance with this section shall be allowed to |
| 42 | carry a concealed weapon or firearm at any time and into any |
| 43 | place or facility in the state, except a prison, jail, airport, |
| 44 | or any place or facility where carrying a concealed weapon is |
| 45 | restricted by federal law. |
| 46 | Section 2. Section 790.115, Florida Statutes, is amended |
| 47 | to read: |
| 48 | 790.115 Possessing or discharging weapons or firearms at a |
| 49 | school-sponsored event or on school property prohibited; |
| 50 | penalties; exceptions.-- |
| 51 | (1) A person who exhibits any sword, sword cane, firearm, |
| 52 | electric weapon or device, destructive device, or other weapon |
| 53 | as defined in s. 790.001(13), including a razor blade, box |
| 54 | cutter, or common pocketknife, except as authorized in support |
| 55 | of school-sanctioned activities, in the presence of one or more |
| 56 | persons in a rude, careless, angry, or threatening manner and |
| 57 | not in lawful self-defense, at a school-sponsored event or on |
| 58 | the grounds or facilities of any school, school bus, or school |
| 59 | bus stop, or within 1,000 feet of the real property that |
| 60 | comprises a public or private elementary school, middle school, |
| 61 | or secondary school, during school hours or during the time of a |
| 62 | sanctioned school activity, commits a felony of the third |
| 63 | degree, punishable as provided in s. 775.082, s. 775.083, or s. |
| 64 | 775.084. This subsection does not apply to the exhibition of a |
| 65 | firearm or weapon on private real property within 1,000 feet of |
| 66 | a school by the owner of such property or by a person whose |
| 67 | presence on such property has been authorized, licensed, or |
| 68 | invited by the owner. |
| 69 | (2)(a) A person shall not possess any firearm, electric |
| 70 | weapon or device, destructive device, or other weapon as defined |
| 71 | in s. 790.001(13), including a razor blade or box cutter, except |
| 72 | as authorized in support of school-sanctioned activities, at a |
| 73 | school-sponsored event or on the property of any school, school |
| 74 | bus, or school bus stop; however, a person may carry a firearm: |
| 75 | 1. In a case to a firearms program, class or function |
| 76 | which has been approved in advance by the principal or chief |
| 77 | administrative officer of the school as a program or class to |
| 78 | which firearms could be carried; |
| 79 | 2. In a case to a career center having a firearms training |
| 80 | range; or |
| 81 | 3. In a vehicle pursuant to s. 790.25(5); except that |
| 82 | school districts may adopt written and published policies that |
| 83 | waive the exception in this subparagraph for purposes of student |
| 84 | and campus parking privileges. |
| 85 |
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| 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. |
| 136 | 985.25(1), any minor under 18 years of age who is charged under |
| 137 | this 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. |