Florida Senate - 2014                              CS for SB 296
       
       
        
       By the Committee on Criminal Justice; and Senator Brandes
       
       
       
       
       
       591-02083-14                                           2014296c1
    1                        A bill to be entitled                      
    2         An act relating to carrying a concealed weapon or a
    3         concealed firearm; amending s. 790.01, F.S.; providing
    4         an exemption from criminal penalties for carrying a
    5         concealed weapon or a concealed firearm when complying
    6         with a mandatory evacuation order during a declared
    7         state of emergency; providing an effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Section 790.01, Florida Statutes, is amended to
   12  read:
   13         790.01 Carrying concealed weapons or concealed firearms.—
   14         (1) Except as provided in subsection (3) (4), a person who
   15  carries a concealed weapon or electric weapon or device on or
   16  about his or her person commits a misdemeanor of the first
   17  degree, punishable as provided in s. 775.082 or s. 775.083.
   18         (2) Except as provided in subsection (3), a person who
   19  carries a concealed firearm on or about his or her person
   20  commits a felony of the third degree, punishable as provided in
   21  s. 775.082, s. 775.083, or s. 775.084.
   22         (3) This section does not apply to:
   23         (a) A person licensed to carry a concealed weapon or a
   24  concealed firearm pursuant to the provisions of s. 790.06.
   25         (b) A person who carries a concealed weapon or a person who
   26  may lawfully possess a firearm and who carries a concealed
   27  firearm on or about his or her person while complying with a
   28  mandatory evacuation order issued during a state of emergency
   29  declared by the Governor pursuant to chapter 252.
   30         (c)(4) It is not a violation of this section for A person
   31  who carries to carry for purposes of lawful self-defense, in a
   32  concealed manner:
   33         1.(a) A self-defense chemical spray.
   34         2.(b) A nonlethal stun gun or dart-firing stun gun or other
   35  nonlethal electric weapon or device that is designed solely for
   36  defensive purposes.
   37         (4)(5) This section does not preclude any prosecution for
   38  the use of an electric weapon or device, a dart-firing stun gun,
   39  or a self-defense chemical spray during the commission of any
   40  criminal offense under s. 790.07, s. 790.10, s. 790.23, or s.
   41  790.235, or for any other criminal offense.
   42         Section 2. This act shall take effect July 1, 2014.