Florida Senate - 2020                                    SB 1566
       
       
        
       By Senator Braynon
       
       
       
       
       
       35-01394A-20                                          20201566__
    1                        A bill to be entitled                      
    2         An act relating to concealed weapons or firearms
    3         licensing; amending s. 790.06, F.S.; decreasing the
    4         number of years that licenses to carry concealed
    5         weapons or firearms are valid; specifying that
    6         experience with a firearm through military service in
    7         the Armed Forces of the United States meets the
    8         requirement of demonstrating competence with a
    9         firearm; requiring that the full set of fingerprints
   10         submitted as part of an application for a license be
   11         retained by specified entities; requiring the
   12         Department of Agriculture and Consumer Services to
   13         bear the licensee’s fingerprint retention fee;
   14         revising the required notice by the department to
   15         licensees before the expiration date of such licenses
   16         to include electronic notice; requiring renewing
   17         licensees to submit a full set of fingerprints and the
   18         personal identifying information required by federal
   19         law; requiring the department to bear the renewing
   20         licensee’s fingerprint retention fee; providing that
   21         charges for fingerprint retention are not subject to a
   22         certain sales tax; requiring a licensee, upon each
   23         renewal, to provide proof of completion of a firearms
   24         training or safety course or class; requiring
   25         instructors to maintain certain records for a
   26         specified timeframe; conforming provisions to changes
   27         made by the act; providing an effective date.
   28          
   29  Be It Enacted by the Legislature of the State of Florida:
   30  
   31         Section 1. Subsections (1) and (2), paragraph (c) of
   32  subsection (5), and subsection (11) of section 790.06, Florida
   33  Statutes, are amended to read:
   34         790.06 License to carry concealed weapon or firearm.—
   35         (1) The Department of Agriculture and Consumer Services is
   36  authorized to issue licenses to carry concealed weapons or
   37  concealed firearms to persons qualified as provided in this
   38  section. Each such license must bear a color photograph of the
   39  licensee. For the purposes of this section, concealed weapons or
   40  concealed firearms are defined as a handgun, electronic weapon
   41  or device, tear gas gun, knife, or billie, but the term does not
   42  include a machine gun as defined in s. 790.001(9). Such licenses
   43  shall be valid throughout the state for a period of 5 7 years
   44  from the date of issuance. Any person in compliance with the
   45  terms of such license may carry a concealed weapon or concealed
   46  firearm notwithstanding the provisions of s. 790.01. The
   47  licensee must carry the license, together with valid
   48  identification, at all times in which the licensee is in actual
   49  possession of a concealed weapon or firearm and must display
   50  both the license and proper identification upon demand by a law
   51  enforcement officer. Violations of the provisions of this
   52  subsection shall constitute a noncriminal violation with a
   53  penalty of $25, payable to the clerk of the court.
   54         (2) The Department of Agriculture and Consumer Services
   55  shall issue a license if the applicant:
   56         (a) Is a resident of the United States and a citizen of the
   57  United States or a permanent resident alien of the United
   58  States, as determined by the United States Bureau of Citizenship
   59  and Immigration Services, or is a consular security official of
   60  a foreign government that maintains diplomatic relations and
   61  treaties of commerce, friendship, and navigation with the United
   62  States and is certified as such by the foreign government and by
   63  the appropriate embassy in this country;
   64         (b) Is 21 years of age or older;
   65         (c) Does not suffer from a physical infirmity which
   66  prevents the safe handling of a weapon or firearm;
   67         (d) Is not ineligible to possess a firearm pursuant to s.
   68  790.23 by virtue of having been convicted of a felony;
   69         (e) Has not been:
   70         1. Found guilty of a crime under the provisions of chapter
   71  893 or similar laws of any other state relating to controlled
   72  substances within a 3-year period immediately preceding the date
   73  on which the application is submitted; or
   74         2. Committed for the abuse of a controlled substance under
   75  chapter 397 or under the provisions of former chapter 396 or
   76  similar laws of any other state. An applicant who has been
   77  granted relief from firearms disabilities pursuant to s.
   78  790.065(2)(a)4.d. or pursuant to the law of the state in which
   79  the commitment occurred is deemed not to be committed for the
   80  abuse of a controlled substance under this subparagraph;
   81         (f) Does not chronically and habitually use alcoholic
   82  beverages or other substances to the extent that his or her
   83  normal faculties are impaired. It shall be presumed that an
   84  applicant chronically and habitually uses alcoholic beverages or
   85  other substances to the extent that his or her normal faculties
   86  are impaired if the applicant has been convicted under s.
   87  790.151 or has been deemed a habitual offender under s.
   88  856.011(3), or has had two or more convictions under s. 316.193
   89  or similar laws of any other state, within the 3-year period
   90  immediately preceding the date on which the application is
   91  submitted;
   92         (g) Desires a legal means to carry a concealed weapon or
   93  firearm for lawful self-defense;
   94         (h) Demonstrates competence with a firearm by any one of
   95  the following:
   96         1. Completion of any hunter education or hunter safety
   97  course approved by the Fish and Wildlife Conservation Commission
   98  or a similar agency of another state;
   99         2. Completion of any National Rifle Association firearms
  100  safety or training course;
  101         3. Completion of any firearms safety or training course or
  102  class available to the general public offered by a law
  103  enforcement agency, junior college, college, or private or
  104  public institution or organization or firearms training school,
  105  using instructors certified by the National Rifle Association,
  106  Criminal Justice Standards and Training Commission, or the
  107  Department of Agriculture and Consumer Services;
  108         4. Completion of any law enforcement firearms safety or
  109  training course or class offered for security guards,
  110  investigators, special deputies, or any division or subdivision
  111  of a law enforcement agency or security enforcement;
  112         5. Presents evidence of equivalent experience with a
  113  firearm through participation in organized shooting competition
  114  or military service in the Armed Forces of the United States;
  115         6. Is licensed or has been licensed to carry a firearm in
  116  this state or a county or municipality of this state, unless
  117  such license has been revoked for cause; or
  118         7. Completion of any firearms training or safety course or
  119  class conducted by a state-certified or National Rifle
  120  Association certified firearms instructor;
  121  
  122  A photocopy of a certificate of completion of any of the courses
  123  or classes; an affidavit from the instructor, school, club,
  124  organization, or group that conducted or taught such course or
  125  class attesting to the completion of the course or class by the
  126  applicant; or a copy of any document that shows completion of
  127  the course or class or evidences participation in firearms
  128  competition shall constitute evidence of qualification under
  129  this paragraph. A person who conducts a course pursuant to
  130  subparagraph 2., subparagraph 3., or subparagraph 7., or who, as
  131  an instructor, attests to the completion of such courses, must
  132  maintain records certifying that he or she observed the student
  133  safely handle and discharge the firearm in his or her physical
  134  presence and that the discharge of the firearm included live
  135  fire using a firearm and ammunition as defined in s. 790.001;
  136         (i) Has not been adjudicated an incapacitated person under
  137  s. 744.331, or similar laws of any other state. An applicant who
  138  has been granted relief from firearms disabilities pursuant to
  139  s. 790.065(2)(a)4.d. or pursuant to the law of the state in
  140  which the adjudication occurred is deemed not to have been
  141  adjudicated an incapacitated person under this paragraph;
  142         (j) Has not been committed to a mental institution under
  143  chapter 394, or similar laws of any other state. An applicant
  144  who has been granted relief from firearms disabilities pursuant
  145  to s. 790.065(2)(a)4.d. or pursuant to the law of the state in
  146  which the commitment occurred is deemed not to have been
  147  committed in a mental institution under this paragraph;
  148         (k) Has not had adjudication of guilt withheld or
  149  imposition of sentence suspended on any felony unless 3 years
  150  have elapsed since probation or any other conditions set by the
  151  court have been fulfilled, or expunction has occurred;
  152         (l) Has not had adjudication of guilt withheld or
  153  imposition of sentence suspended on any misdemeanor crime of
  154  domestic violence unless 3 years have elapsed since probation or
  155  any other conditions set by the court have been fulfilled, or
  156  the record has been expunged;
  157         (m) Has not been issued an injunction that is currently in
  158  force and effect and that restrains the applicant from
  159  committing acts of domestic violence or acts of repeat violence;
  160  and
  161         (n) Is not prohibited from purchasing or possessing a
  162  firearm by any other provision of Florida or federal law.
  163         (5) The applicant shall submit to the Department of
  164  Agriculture and Consumer Services or an approved tax collector
  165  pursuant to s. 790.0625:
  166         (c) A full set of fingerprints of the applicant
  167  administered by a law enforcement agency, or the Division of
  168  Licensing of the Department of Agriculture and Consumer
  169  Services, or an approved tax collector pursuant to s. 790.0625
  170  together with any personal identifying information required by
  171  federal law to process fingerprints. Fingerprints must be
  172  retained by the Criminal Justice Information Program under s.
  173  943.05(2)(b) and by the federal fingerprint retention program
  174  under s. 943.05(4), once the program is in effect. The
  175  department shall bear the fingerprint retention fee for each
  176  license period at the time of licensure in the amount
  177  established by the Department of Law Enforcement in accordance
  178  with s. 943.05(2)(h)2. Charges for fingerprint services under
  179  this paragraph are not subject to the sales tax on fingerprint
  180  services imposed in s. 212.05(1)(i).
  181         (11)(a) At least 90 days before the expiration date of the
  182  license, the Department of Agriculture and Consumer Services
  183  shall provide mail to each licensee a written notice of the
  184  expiration electronically or in writing and the appropriate a
  185  renewal form prescribed by the department of Agriculture and
  186  Consumer Services. The licensee must renew his or her license on
  187  or before the expiration date by filing with the department of
  188  Agriculture and Consumer Services the renewal form containing an
  189  affidavit submitted under oath and under penalty of perjury
  190  stating that the licensee remains qualified pursuant to the
  191  criteria specified in subsections (2) and (3), a color
  192  photograph as specified in paragraph (5)(e), a complete set of
  193  fingerprints, and the required renewal fee. A renewing licensee
  194  whose fingerprints are not currently retained by the Criminal
  195  Justice Information Program under s. 943.05(2)(b) shall submit a
  196  full set of fingerprints administered by a law enforcement
  197  agency, the Division of Licensing of the Department of
  198  Agriculture and Consumer Services, or an approved tax collector
  199  pursuant to s. 790.0625 and any personal identifying information
  200  required by federal law. The department shall bear the
  201  fingerprint retention fee for each renewal license period at the
  202  time of licensure in the amount established by the Department of
  203  Law Enforcement in accordance with s. 943.05(2)(h)2, even if the
  204  renewing licensee’s fingerprints are currently being retained.
  205  Charges for fingerprint retention services under this paragraph
  206  are not subject to the sales tax on fingerprint services imposed
  207  under s. 212.05(1)(i) Out-of-state residents must also submit a
  208  complete set of fingerprints and fingerprint processing fee. The
  209  license shall be renewed upon receipt of the completed renewal
  210  form, color photograph, fingerprints, and appropriate payment of
  211  fees, and, if applicable, fingerprints. Additionally, A licensee
  212  who fails to file a complete renewal application on or before
  213  its expiration date must renew his or her license by paying a
  214  late fee of $15. A license may not be renewed 180 days or more
  215  after its expiration date, and such a license is deemed to be
  216  permanently expired. A person whose license has been permanently
  217  expired may reapply for licensure; however, an application for
  218  licensure and fees under subsection (5) must be submitted, and a
  219  background investigation shall be conducted pursuant to this
  220  section. A person who knowingly files false information under
  221  this subsection is subject to criminal prosecution under s.
  222  837.06.
  223         (b)1.Upon each renewal, a licensee must provide proof of
  224  completion of a firearms training or safety course or class at
  225  least 8 hours in length taught by a state, county, or municipal
  226  law enforcement agency or a nationally recognized organization
  227  that promotes gun safety. The firearms training or safety course
  228  or class must occur 6 months immediately before the license
  229  expiration date and must include all of the following:
  230         a.Information on the statutory and case law of this state
  231  relating to handguns and to the use of deadly force;
  232         b.Information on handgun use and safety;
  233         c.Information on the proper storage practices for
  234  handguns, with an emphasis on storage practices that reduce the
  235  possibility of accidental injury to a child; and
  236         d.The licensee’s safe handling and firing of a handgun in
  237  the instructor’s presence with ammunition as defined in s.
  238  790.001.
  239         2.A photocopy of a certificate of completion with an
  240  affidavit from the instructor who conducted or taught the
  241  firearms training or safety course or class attesting to the
  242  completion of the course or class by the renewing licensee and
  243  to the number of hours of the firearms training or safety course
  244  or class is sufficient evidence of qualification under this
  245  paragraph. An instructor who conducts or teaches a firearms
  246  training or safety course or class and attests to its completion
  247  shall maintain records for 10 years certifying that all hours
  248  and training components required under subparagraph 1. were met.
  249         (c)(b) A license issued to a servicemember, as defined in
  250  s. 250.01, is subject to paragraph (a); however, such a license
  251  does not expire while the servicemember is serving on military
  252  orders that have taken him or her over 35 miles from his or her
  253  residence and shall be extended, as provided in this paragraph,
  254  for up to 180 days after his or her return to such residence. If
  255  the license renewal requirements in paragraph (a) are met within
  256  the 180-day extension period, the servicemember may not be
  257  charged any additional costs, such as, but not limited to, late
  258  fees or delinquency fees, above the normal license fees. The
  259  servicemember must present to the Department of Agriculture and
  260  Consumer Services a copy of his or her official military orders
  261  or a written verification from the member’s commanding officer
  262  before the end of the 180-day period in order to qualify for the
  263  extension.
  264         Section 2. This act shall take effect July 1, 2020.