| 1 | Representative Abruzzo offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Remove everything after the enacting clause and insert: |
| 5 | Section 1. Subsection (1), paragraph (c) of subsection |
| 6 | (5), and subsection (12) of section 790.06, Florida Statutes, |
| 7 | are amended to read: |
| 8 | 790.06 License to carry concealed weapon or firearm.- |
| 9 | (1) The Department of Agriculture and Consumer Services is |
| 10 | authorized to issue licenses to carry concealed weapons or |
| 11 | concealed firearms to persons qualified as provided in this |
| 12 | section. Each such license must bear a color photograph of the |
| 13 | licensee. For the purposes of this section, concealed weapons or |
| 14 | concealed firearms are defined as a handgun, electronic weapon |
| 15 | or device, tear gas gun, knife, or billie, but the term does not |
| 16 | include a machine gun as defined in s. 790.001(9). Such licenses |
| 17 | shall be valid throughout the state for a period of 7 years from |
| 18 | the date of issuance. Any person in compliance with the terms of |
| 19 | such license may carry a concealed weapon or concealed firearm |
| 20 | notwithstanding the provisions of s. 790.01 or may carry openly |
| 21 | notwithstanding s. 790.053. The licensee must carry the license, |
| 22 | together with valid identification, at all times in which the |
| 23 | licensee is in actual possession of a concealed weapon or |
| 24 | firearm and must display both the license and proper |
| 25 | identification upon demand by a law enforcement officer. A |
| 26 | violation Violations of the provisions of this subsection shall |
| 27 | constitute a noncriminal violation with a penalty of $25, |
| 28 | payable to the clerk of the court. |
| 29 | (5) The applicant shall submit to the Department of |
| 30 | Agriculture and Consumer Services: |
| 31 | (c) A full set of fingerprints of the applicant |
| 32 | administered by a law enforcement agency or the Division of |
| 33 | Licensing of the Department of Agriculture and Consumer |
| 34 | Services. |
| 35 | (12)(a) A No license issued under pursuant to this section |
| 36 | does not shall authorize any person to openly carry a handgun or |
| 37 | carry a concealed weapon or firearm into: |
| 38 | 1. Any place of nuisance as defined in s. 823.05; |
| 39 | 2. Any police, sheriff, or highway patrol station; |
| 40 | 3. Any detention facility, prison, or jail; |
| 41 | 4. Any courthouse; |
| 42 | 5. Any courtroom, except that nothing in this section |
| 43 | would preclude a judge from carrying a concealed weapon or |
| 44 | determining who will carry a concealed weapon in his or her |
| 45 | courtroom; |
| 46 | 6. Any polling place; |
| 47 | 7. Any meeting of the governing body of a county, public |
| 48 | school district, municipality, or special district; |
| 49 | 8. Any meeting of the Legislature or a committee thereof; |
| 50 | 9. Any school, college, or professional athletic event not |
| 51 | related to firearms; |
| 52 | 10. Any elementary or secondary school facility or |
| 53 | administration building; |
| 54 | 11. Any career center; |
| 55 | 12. Any portion of an establishment licensed to dispense |
| 56 | alcoholic beverages for consumption on the premises, which |
| 57 | portion of the establishment is primarily devoted to such |
| 58 | purpose; any elementary or secondary school facility; any career |
| 59 | center; |
| 60 | 13. Any college or university facility unless the licensee |
| 61 | is a registered student, employee, or faculty member of such |
| 62 | college or university and the weapon is a stun gun or nonlethal |
| 63 | electric weapon or device designed solely for defensive purposes |
| 64 | and the weapon does not fire a dart or projectile; |
| 65 | 14. The inside of the passenger terminal and sterile area |
| 66 | of any airport, provided that no person shall be prohibited from |
| 67 | carrying any legal firearm into the terminal, which firearm is |
| 68 | encased for shipment for purposes of checking such firearm as |
| 69 | baggage to be lawfully transported on any aircraft; or |
| 70 | 15. Any place where the carrying of firearms is prohibited |
| 71 | by federal law. |
| 72 | (b) A person licensed under this section shall not be |
| 73 | prohibited from carrying or storing a firearm in a vehicle for |
| 74 | lawful purposes. |
| 75 | (c) This subsection does not modify the terms or |
| 76 | conditions of s. 790.251(7). |
| 77 | (d) Any person who knowingly and willfully violates any |
| 78 | provision of this subsection commits a misdemeanor of the second |
| 79 | degree, punishable as provided in s. 775.082 or s. 775.083. |
| 80 | Section 2. Section 790.115, Florida Statutes, is amended |
| 81 | to read: |
| 82 | 790.115 Possessing or discharging weapons or firearms at a |
| 83 | school-sponsored event or on school property prohibited; |
| 84 | penalties; exceptions.- |
| 85 | (1) A person who exhibits any sword, sword cane, firearm, |
| 86 | electric weapon or device, destructive device, or other weapon |
| 87 | as defined in s. 790.001(13), including a razor blade, box |
| 88 | cutter, or common pocketknife, except as authorized in support |
| 89 | of school-sanctioned activities, in the presence of one or more |
| 90 | persons in a rude, careless, angry, or threatening manner and |
| 91 | not in lawful self-defense, at a school-sponsored event or on |
| 92 | the grounds or facilities of any school, school bus, or school |
| 93 | bus stop, or within 1,000 feet of the real property that |
| 94 | comprises a public or private elementary school, middle school, |
| 95 | or secondary school, during school hours or during the time of a |
| 96 | sanctioned school activity, commits a felony of the third |
| 97 | degree, punishable as provided in s. 775.082, s. 775.083, or s. |
| 98 | 775.084. This subsection does not apply to the exhibition of a |
| 99 | firearm or weapon on private real property within 1,000 feet of |
| 100 | a school by the owner of such property or by a person whose |
| 101 | presence on such property has been authorized, licensed, or |
| 102 | invited by the owner. |
| 103 | (2)(a) A person may shall not possess any firearm, |
| 104 | electric weapon or device, destructive device, or other weapon |
| 105 | as defined in s. 790.001(13), including a razor blade or box |
| 106 | cutter, except as authorized in support of school-sanctioned |
| 107 | activities, at a school-sponsored event or on the property of |
| 108 | any school, school bus, or school bus stop; however, a person |
| 109 | may carry a firearm: |
| 110 | 1. In a case to a firearms program, class, or function |
| 111 | that which has been approved in advance by the principal or |
| 112 | chief administrative officer of the school as a program or class |
| 113 | to which firearms could be carried; |
| 114 | 2. In a case to a career center having a firearms training |
| 115 | range; or |
| 116 | 3. In a vehicle pursuant to s. 790.25(5); except that |
| 117 | school districts may adopt written and published policies that |
| 118 | waive the exception in this subparagraph for purposes of student |
| 119 | and campus parking privileges. |
| 120 |
|
| 121 | For the purposes of this section, the term "school" means any |
| 122 | preschool, elementary school, middle school, junior high school, |
| 123 | or secondary school, career center, or postsecondary school, |
| 124 | whether public or nonpublic. |
| 125 | (b) A person who willfully and knowingly possesses any |
| 126 | electric weapon or device, destructive device, or other weapon |
| 127 | as defined in s. 790.001(13), including a razor blade or box |
| 128 | cutter, except as authorized in support of school-sanctioned |
| 129 | activities, in violation of this subsection commits a felony of |
| 130 | the third degree, punishable as provided in s. 775.082, s. |
| 131 | 775.083, or s. 775.084. |
| 132 | (c)1. A person who willfully and knowingly possesses any |
| 133 | firearm in violation of this subsection commits a felony of the |
| 134 | third degree, punishable as provided in s. 775.082, s. 775.083, |
| 135 | or s. 775.084. |
| 136 | 2. A person who stores or leaves a loaded firearm within |
| 137 | the reach or easy access of a minor who obtains the firearm and |
| 138 | commits a violation of subparagraph 1. commits a misdemeanor of |
| 139 | the second degree, punishable as provided in s. 775.082 or s. |
| 140 | 775.083; except that this does not apply if the firearm was |
| 141 | stored or left in a securely locked box or container or in a |
| 142 | location which a reasonable person would have believed to be |
| 143 | secure, or was securely locked with a firearm-mounted push- |
| 144 | button combination lock or a trigger lock; if the minor obtains |
| 145 | the firearm as a result of an unlawful entry by any person; or |
| 146 | to members of the Armed Forces, National Guard, or State |
| 147 | Militia, or to police or other law enforcement officers, with |
| 148 | respect to firearm possession by a minor which occurs during or |
| 149 | incidental to the performance of their official duties. |
| 150 | (d) A person who discharges any weapon or firearm while in |
| 151 | violation of paragraph (a), unless discharged for lawful defense |
| 152 | of himself or herself or another or for a lawful purpose, |
| 153 | commits a felony of the second degree, punishable as provided in |
| 154 | s. 775.082, s. 775.083, or s. 775.084. |
| 155 | (e) The penalties of this subsection do shall not apply to |
| 156 | persons licensed under s. 790.06. Persons licensed under s. |
| 157 | 790.06 shall be punished as provided in s. 790.06(12), except |
| 158 | that a licenseholder who unlawfully discharges a weapon or |
| 159 | firearm on school property as prohibited by this subsection |
| 160 | commits a felony of the second degree, punishable as provided in |
| 161 | s. 775.082, s. 775.083, or s. 775.084. |
| 162 | (3) This section does not apply to any law enforcement |
| 163 | officer as defined in s. 943.10(1), (2), (3), (4), (6), (7), |
| 164 | (8), (9), or (14). |
| 165 | (4) Notwithstanding s. 985.24, s. 985.245, or s. |
| 166 | 985.25(1), any minor under 18 years of age who is charged under |
| 167 | this section with possessing or discharging a firearm on school |
| 168 | property shall be detained in secure detention, unless the state |
| 169 | attorney authorizes the release of the minor, and shall be given |
| 170 | a probable cause hearing within 24 hours after being taken into |
| 171 | custody. At the hearing, the court may order that the minor |
| 172 | continue to be held in secure detention for a period of 21 days, |
| 173 | during which time the minor shall receive medical, psychiatric, |
| 174 | psychological, or substance abuse examinations pursuant to s. |
| 175 | 985.18, and a written report shall be completed. |
| 176 | Section 3. Section 790.28, Florida Statutes, is repealed. |
| 177 | Section 4. Subsection (1) of section 790.065, Florida |
| 178 | Statutes, is amended to read: |
| 179 | 790.065 Sale and delivery of firearms.- |
| 180 | (1)(a) A licensed importer, licensed manufacturer, or |
| 181 | licensed dealer may not sell or deliver from her or his |
| 182 | inventory at her or his licensed premises any firearm to another |
| 183 | person, other than a licensed importer, licensed manufacturer, |
| 184 | licensed dealer, or licensed collector, until she or he has: |
| 185 | 1.(a) Obtained a completed form from the potential buyer |
| 186 | or transferee, which form shall have been promulgated by the |
| 187 | Department of Law Enforcement and provided by the licensed |
| 188 | importer, licensed manufacturer, or licensed dealer, which shall |
| 189 | include the name, date of birth, gender, race, and social |
| 190 | security number or other identification number of such potential |
| 191 | buyer or transferee and has inspected proper identification |
| 192 | including an identification containing a photograph of the |
| 193 | potential buyer or transferee. |
| 194 | 2.(b) Collected a fee from the potential buyer for |
| 195 | processing the criminal history check of the potential buyer. |
| 196 | The fee shall be established by the Department of Law |
| 197 | Enforcement and may not exceed $8 per transaction. The |
| 198 | Department of Law Enforcement may reduce, or suspend collection |
| 199 | of, the fee to reflect payment received from the Federal |
| 200 | Government applied to the cost of maintaining the criminal |
| 201 | history check system established by this section as a means of |
| 202 | facilitating or supplementing the National Instant Criminal |
| 203 | Background Check System. The Department of Law Enforcement |
| 204 | shall, by rule, establish procedures for the fees to be |
| 205 | transmitted by the licensee to the Department of Law |
| 206 | Enforcement. All such fees shall be deposited into the |
| 207 | Department of Law Enforcement Operating Trust Fund, but shall be |
| 208 | segregated from all other funds deposited into such trust fund |
| 209 | and must be accounted for separately. Such segregated funds must |
| 210 | not be used for any purpose other than the operation of the |
| 211 | criminal history checks required by this section. The Department |
| 212 | of Law Enforcement, each year prior to February 1, shall make a |
| 213 | full accounting of all receipts and expenditures of such funds |
| 214 | to the President of the Senate, the Speaker of the House of |
| 215 | Representatives, the majority and minority leaders of each house |
| 216 | of the Legislature, and the chairs of the appropriations |
| 217 | committees of each house of the Legislature. In the event that |
| 218 | the cumulative amount of funds collected exceeds the cumulative |
| 219 | amount of expenditures by more than $2.5 million, excess funds |
| 220 | may be used for the purpose of purchasing soft body armor for |
| 221 | law enforcement officers. |
| 222 | 3.(c) Requested, by means of a toll-free telephone call, |
| 223 | the Department of Law Enforcement to conduct a check of the |
| 224 | information as reported and reflected in the Florida Crime |
| 225 | Information Center and National Crime Information Center systems |
| 226 | as of the date of the request. |
| 227 | 4.(d) Received a unique approval number for that inquiry |
| 228 | from the Department of Law Enforcement, and recorded the date |
| 229 | and such number on the consent form. |
| 230 | (b) However, if the person purchasing, or receiving |
| 231 | delivery of, the firearm is a holder of a valid concealed |
| 232 | weapons or firearms license pursuant to the provisions of s. |
| 233 | 790.06 or holds an active certification from the Criminal |
| 234 | Justice Standards and Training Commission as a "law enforcement |
| 235 | officer," a "correctional officer," or a "correctional probation |
| 236 | officer" as defined in s. 943.10(1), (2), (3), (6), (7), (8), or |
| 237 | (9), the provisions of this subsection does do not apply. |
| 238 | (c) This section does not apply to the purchase, trade, or |
| 239 | transfer of firearms by a resident of this state when the |
| 240 | resident makes such purchase, trade, or transfer in another |
| 241 | state, in which case the laws and regulations of that state and |
| 242 | the United States governing the purchase, trade, or transfer of |
| 243 | firearms shall apply. A National Instant Criminal Background |
| 244 | Check System check shall be performed prior to such purchase, |
| 245 | trade, or transfer of firearms by a resident of this state. |
| 246 | Section 5. This act shall take effect upon becoming a law. |
| 247 |
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| 248 | ----------------------------------------------------- |
| 249 | T I T L E A M E N D M E N T |
| 250 | Remove the entire title and insert: |
| 251 | A bill to be entitled |
| 252 | An act relating to firearms; amending s. 790.06, F.S.; |
| 253 | providing that a person in compliance with the terms of a |
| 254 | concealed carry license may carry openly notwithstanding |
| 255 | specified provisions; allowing the Division of Licensing |
| 256 | of the Department of Agriculture and Consumer Services to |
| 257 | take fingerprints from concealed carry license applicants; |
| 258 | limiting a prohibition on carrying a concealed weapon or |
| 259 | firearm into an elementary or secondary school facility, |
| 260 | career center, or college or university facility to |
| 261 | include only a public elementary or secondary school |
| 262 | facility or administration building; providing that |
| 263 | concealed carry licensees shall not be prohibited from |
| 264 | carrying or storing a firearm in a vehicle for lawful |
| 265 | purposes; providing that a provision limiting the scope of |
| 266 | a license to carry a concealed weapon or firearm does not |
| 267 | modify certain exceptions to prohibited acts with respect |
| 268 | to a person's right to keep and bear arms in motor |
| 269 | vehicles for certain purposes; amending s. 790.115, F.S., |
| 270 | relating to the prohibition against possessing or |
| 271 | discharging weapons or firearms at a school-sponsored |
| 272 | event or on school property; revising the definition of |
| 273 | the term "school"; repealing s. 790.28, F.S., relating to |
| 274 | the purchase of rifles and shotguns in contiguous states; |
| 275 | amending s. 790.065, F.S.; providing that specified |
| 276 | provisions do not apply to certain firearms transactions |
| 277 | by a resident of this state that take place in another |
| 278 | state; providing applicable law; requiring a specified |
| 279 | background check for such transactions; providing an |
| 280 | effective date. |