Florida Senate - 2013 SB 1488 By Senator Braynon 36-01416-13 20131488__ 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 the 8 conditions under which an application for such license 9 is denied or the processing thereof suspended; 10 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-year
3-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-year 3-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 the 74 suchlicense 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 79 A photocopy of a certificate of completion of any of the courses 80 or classes; or an affidavit from the instructor, school, club, 81 organization, or group that conducted or taught the saidcourse 82 or class attesting to the completion of the course or class by 83 the applicant; or a copy of any document that whichshows 84 completion of the course or class or evidences participation in 85 firearms competition constitutes shall constituteevidence of 86 qualification under this paragraph; any person who conducts a 87 course pursuant to subparagraph 2., subparagraph 3., or 88 subparagraph 7., or who, as an instructor, attests to the 89 completion of such courses, must maintain records certifying 90 that he or she observed the student safely handle and discharge 91 the firearm; 92 (i) Has not been adjudicated an incapacitated person under 93 s. 744.331, or similar laws of any other state, unless 5 years 94 have elapsed since the applicant’s restoration to capacity by 95 court order; 96 (j) Has not been committed to a mental institution under 97 chapter 394, or similar laws of any other state, unless the 98 applicant produces a certificate from a licensed psychiatrist 99 that he or she has not suffered from disability for at least 5 100 years prior to the date of submission of the application; 101 (k) Has not had adjudication of guilt withheld or 102 imposition of sentence suspended on any felony or misdemeanor 103 crime of domestic violence unless 5 3years have elapsed since 104 probation or any other conditions set by the court have been 105 fulfilled, or the record has been sealed or expunged; 106 (l) Has not been issued an injunction that is currently in 107 force and effect and that restrains the applicant from 108 committing acts of domestic violence or acts of repeat violence; 109 and 110 (m) Is not prohibited from purchasing or possessing a 111 firearm by any other provision ofFlorida or federal law. 112 (3) The Department of Agriculture and Consumer Services 113 shall deny a license if the applicant has been found guilty of, 114 had adjudication of guilt withheld for, or had imposition of 115 sentence suspended for one or more crimes of violence 116 constituting a misdemeanor, unless 5 3years have elapsed since 117 probation or any other conditions set by the court have been 118 fulfilled or the record has been sealed or expunged. The 119 Department of Agriculture and Consumer Services shall revoke a 120 license if the licensee has been found guilty of, had 121 adjudication of guilt withheld for, or had imposition of 122 sentence suspended for one or more crimes of violence within the 123 preceding 5 3years. The department shall, upon notification by 124 a law enforcement agency, a court, or the FloridaDepartment of 125 Law Enforcement and subsequent written verification, suspend a 126 license or the processing of an application for a license if the 127 licensee or applicant is arrested or formally charged with a 128 crime that would disqualify the suchperson from having a 129 license under this section, until final disposition of the case 130 resulting in the charges being dismissed or nolle prossed by the 131 state attorney’s office, the Office of Statewide Prosecution, or 132 a court of competent jurisdiction. The department shall suspend 133 a license or the processing of an application for a license if 134 the licensee or applicant is issued an injunction that restrains 135 the licensee or applicant from committing acts of domestic 136 violence or acts of repeat violence. 137 (10) A license issued under this section shall be suspended 138 or revoked pursuant to chapter 120 if the licensee: 139 (a) Is found to be ineligible under the criteria set forth 140 in subsection (2); 141 (b) Develops or sustains a physical infirmity which 142 prevents the safe handling of a weapon or firearm; 143 (c) Is convicted of a felony which would make the licensee 144 ineligible to possess a firearm pursuant to s. 790.23; 145 (d) Is found guilty of a crime under the provisions of146 chapter 893, or similar laws of any other state, relating to 147 controlled substances; 148 (e) Is committed as a substance abuser under chapter 397, 149 or is deemed a habitual offender under s. 856.011(3), or similar 150 laws of any other state; 151 (f) Is convicted of a second violation of s. 316.193, or a 152 similar law of another state, within 5 3years after ofa 153 previous conviction of such section, or similar law of another 154 state, even though the first violation may have occurred prior 155 to the date on which the application was submitted; 156 (g) Is adjudicated an incapacitated person under s. 157 744.331, or similar laws of any other state; or 158 (h) Is committed to a mental institution under chapter 394, 159 or similar laws of any other state. 160 (13) All moneys collected by the department pursuant to 161 this section shall be deposited in the Division of Licensing 162 Trust Fund, and the Legislature shall appropriate from the fund 163 those amounts deemed necessary to administer the provisions of164 this section. All revenues collected, less those costs 165 determined by the Department of Agriculture and Consumer 166 Services to be nonrecurring or one-time costs, shall be deferred 167 over the 7-year licensure period. Notwithstanding the provisions168 ofs. 493.6117, allmoneys collected under pursuant tothis 169 section do shallnot revert to the General Revenue Fund; 170 however, this does shallnot abrogate the requirement for 171 payment of the service charge imposed pursuant to chapter 215. 172 Section 2. This act shall take effect July 1, 2013.