Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. SB 646
       
       
       
       
       
       
                                Ì758516;Î758516                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  03/28/2017           .                                
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       The Committee on Judiciary (Steube) recommended the following:
       
    1         Senate Substitute for Amendment (112386) (with title
    2  amendment)
    3  
    4         Delete lines 47 - 82
    5  and insert:
    6         (3) A Any person who violates violating this section:
    7         (a)°For a first violation, commits a noncriminal violation
    8  with a penalty of $25, payable to the clerk of the court.
    9         (b) For a second violation, commits a noncriminal violation
   10  with a penalty of $500, payable to the clerk of court.
   11         (c) For a third or subsequent violation, commits a
   12  misdemeanor of the second degree, punishable as provided in s.
   13  775.082 or s. 775.083.
   14         Section 2. Subsections (1) and (12) of section 790.06,
   15  Florida Statutes, are amended to read:
   16         790.06 License to carry concealed weapon or firearm.—
   17         (1) The Department of Agriculture and Consumer Services is
   18  authorized to issue licenses to carry concealed weapons or
   19  concealed firearms to persons qualified as provided in this
   20  section. Each such license must bear a color photograph of the
   21  licensee. For the purposes of this section, concealed weapons or
   22  concealed firearms are defined as a handgun, electronic weapon
   23  or device, tear gas gun, knife, or billie, but the term does not
   24  include a machine gun as defined in s. 790.001(9). Such licenses
   25  shall be valid throughout the state for a period of 7 years from
   26  the date of issuance. Any person in compliance with the terms of
   27  such license may carry a concealed weapon or concealed firearm
   28  notwithstanding the provisions of s. 790.01. The licensee must
   29  carry the license, together with valid identification, at all
   30  times in which the licensee is in actual possession of a
   31  concealed weapon or firearm and must display both the license
   32  and proper identification upon demand by a law enforcement
   33  officer. A person licensed to carry a concealed firearm under
   34  this section whose firearm is temporarily or inadvertently
   35  displayed to the ordinary sight of another person does not
   36  violate s. 790.053 and may not be arrested or charged with a
   37  crime. Violations of the provisions of this subsection shall
   38  constitute a noncriminal violation with a penalty of $25,
   39  payable to the clerk of the court. Notwithstanding any other
   40  provision of this section, an elected constitutional officer
   41  identified in Art. III or Art. IV of the State Constitution who
   42  is licensed to carry a concealed weapon or firearm and who does
   43  not have full-time security provided by the Department of Law
   44  Enforcement may carry a concealed weapon or firearm anywhere
   45  they are not prohibited by federal law.
   46  
   47  
   48  ================= T I T L E  A M E N D M E N T ================
   49  And the title is amended as follows:
   50         Delete lines 5 - 16
   51  and insert:
   52         or firearm; revising the penalty for a violation of
   53         specified provisions relating to openly carrying
   54         weapons; making a fine payable to the clerk of the
   55         court; amending s. 790.06, F.S.; providing that a
   56         person licensed to carry a concealed weapon or firearm
   57         who is lawfully carrying a firearm does not violate
   58         certain provisions if the firearm is briefly or
   59         inadvertently displayed; authorizing certain elected
   60         constitutional officers to carry a concealed weapon or
   61         firearm if he or she is licensed to carry a concealed
   62         weapon or firearm and does not have full-time security
   63         provided by the Department of Law Enforcement;