Florida Senate - 2015                                     SB 290
       
       
        
       By Senator Brandes
       
       
       
       
       
       22-00260A-15                                           2015290__
    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
    6         evacuating pursuant to a mandatory evacuation order
    7         during a declared state of emergency; providing an
    8         effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Section 790.01, Florida Statutes, is amended to
   13  read:
   14         790.01 Unlicensed carrying of concealed weapons or
   15  concealed firearms.—
   16         (1) Except as provided in subsection (3) (4), a person who
   17  is not licensed under s. 790.06 and who carries a concealed
   18  weapon or electric weapon or device on or about his or her
   19  person commits a misdemeanor of the first degree, punishable as
   20  provided in s. 775.082 or s. 775.083.
   21         (2) Except as provided in subsection (3), a person who is
   22  not licensed under s. 790.06 and who carries a concealed firearm
   23  on or about his or her person commits a felony of the third
   24  degree, punishable as provided in s. 775.082, s. 775.083, or s.
   25  775.084.
   26         (3) This section does not apply to: a person licensed to
   27  carry a concealed weapon or a concealed firearm pursuant to the
   28  provisions of s. 790.06.
   29         (a) A person who carries a concealed weapon, or a person
   30  who may lawfully possess a firearm and who carries a concealed
   31  firearm, on or about his or her person while in the act of
   32  evacuating during a mandatory evacuation order issued during a
   33  state of emergency declared by the Governor pursuant to chapter
   34  252 or declared by a local authority pursuant to chapter 870.
   35         (b)(4) It is not a violation of this section for A person
   36  who carries to carry for purposes of lawful self-defense, in a
   37  concealed manner:
   38         1.(a) A self-defense chemical spray.
   39         2.(b) A nonlethal stun gun or dart-firing stun gun or other
   40  nonlethal electric weapon or device that is designed solely for
   41  defensive purposes.
   42         (4)(5) This section does not preclude any prosecution for
   43  the use of an electric weapon or device, a dart-firing stun gun,
   44  or a self-defense chemical spray during the commission of any
   45  criminal offense under s. 790.07, s. 790.10, s. 790.23, or s.
   46  790.235, or for any other criminal offense.
   47         Section 2. This act shall take effect July 1, 2015.