Florida Senate - 2025 COMMITTEE AMENDMENT
Bill No. SB 490
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LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/04/2025 .
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The Committee on Criminal Justice (Collins) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 790.052 Carrying concealed firearms; off-duty law
6 enforcement officers.—
7 (1)(a) All persons holding active certifications from the
8 Criminal Justice Standards and Training Commission as law
9 enforcement officers, or correctional officers, or correctional
10 probation officers as defined in s. 943.10(1), (2), (3), (6),
11 (7), (8), or (9) shall have the right to carry, on or about
12 their persons, concealed firearms, during off-duty hours, at the
13 discretion of their superior officers, and may perform those law
14 enforcement functions that they normally perform during duty
15 hours, utilizing their weapons in a manner which is reasonably
16 expected of on-duty officers in similar situations.
17 (b) All persons holding an active certification from the
18 Criminal Justice Standards and Training Commission as a law
19 enforcement officer, or a correctional officer, or a
20 correctional probation officer as defined in s. 943.10(1), (2),
21 (3), (6), (7), (8), or (9) meet the definition of “qualified law
22 enforcement officer” in 18 U.S.C. s. 926B(c).
23 (c) All persons who held an active certification from the
24 Criminal Justice Standards and Training Commission as a law
25 enforcement officer, or correctional officer, or correctional
26 probation officer as defined in s. 943.10(1), (2), (3), (6),
27 (7), (8), or (9), while working for an employing agency, as
28 defined in s. 943.10(4), but have separated from service under
29 the conditions set forth in 18 U.S.C. s. 926C(c), meet the
30 definition of “qualified retired law enforcement officer.”
31 (d) This section does not limit the right of a law
32 enforcement officer, correctional officer, or correctional
33 probation officer to carry a concealed firearm off duty as a
34 private citizen under the exemption provided in s. 790.06 that
35 allows a law enforcement officer, correctional officer, or
36 correctional probation officer as defined in s. 943.10(1), (2),
37 (3), (6), (7), (8), or (9) to carry a concealed firearm without
38 a concealed weapon or concealed firearm license or as otherwise
39 provided by law. The appointing or employing agency or
40 department of an officer carrying a concealed firearm as a
41 private citizen is not liable for the use of the firearm in such
42 capacity. This section does not limit the authority of the
43 appointing or employing agency or department from establishing
44 policies limiting law enforcement officers or correctional
45 officers from carrying concealed firearms during off-duty hours
46 in their capacity as appointees or employees of the agency or
47 department.
48 (2) The superior officer of any police department or
49 sheriff’s office or the Florida Highway Patrol, or Florida
50 Department of Corrections, if he or she elects to direct the
51 officers under his or her supervision to carry concealed
52 firearms while off duty, shall file a statement with the
53 governing body of such department of his or her instructions and
54 requirements relating to the carrying of said firearms.
55 Section 2. Section 790.0655, Florida Statutes, is amended
56 to read
57 790.0655 Purchase and delivery of firearms; mandatory
58 waiting period; exceptions; penalties.—
59 (1)(a) A mandatory waiting period is imposed between the
60 purchase and delivery of a firearm. The mandatory waiting period
61 is 3 days, excluding weekends and legal holidays, or expires
62 upon the completion of the records checks required under s.
63 790.065, whichever occurs later. “Purchase” means the transfer
64 of money or other valuable consideration to the retailer.
65 “Retailer” means and includes a licensed importer, licensed
66 manufacturer, or licensed dealer engaged in the business of
67 making firearm sales at retail or for distribution, or use, or
68 consumption, or storage to be used or consumed in this state, as
69 defined in s. 212.02(13).
70 (b) Records of firearm sales must be available for
71 inspection by any law enforcement agency, as defined in s.
72 934.02, during normal business hours.
73 (2) The waiting period does not apply in the following
74 circumstances:
75 (a) When a firearm is being purchased by a holder of a
76 concealed weapons or concealed firearms license issued under s.
77 790.06.
78 (b) To a trade-in of another firearm.
79 (c) To the purchase of a rifle or shotgun, upon a person’s
80 successfully completing a minimum of a 16-hour hunter safety
81 course and possessing a hunter safety certification card issued
82 under s. 379.3581. A person who is exempt from the hunter safety
83 course requirements under s. 379.3581 and holds a valid Florida
84 hunting license is exempt from the mandatory waiting period
85 under this section for the purchase of a rifle or shotgun.
86 (d) When a rifle or shotgun is being purchased by a law
87 enforcement officer or correctional officer, as those terms are
88 defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9), or a
89 servicemember as defined in s. 250.01.
90 (3) It is a felony of the third degree, punishable as
91 provided in s. 775.082, s. 775.083, or s. 775.084:
92 (a) For any retailer, or any employee or agent of a
93 retailer, to deliver a firearm before the expiration of the
94 waiting period, subject to the exceptions provided in subsection
95 (2).
96 (b) For a purchaser to obtain delivery of a firearm by
97 fraud, false pretense, or false representation.
98 (4) For purposes of this section, the term:
99 (a) "Holder of a concealed weapons or concealed firearms
100 license" includes all of the following:
101 1. A person who holds a valid license issued under s.
102 790.06.
103 2. A law enforcement officer or correctional officer, as
104 those terms are defined in s. 943.10(1), (2), (3), (6), (7),
105 (8), or (9).
106 3. A servicemember as defined in s. 250.01.
107 (b) "Purchase" means the transfer of money or other
108 valuable consideration to the retailer.
109 (c) "Retailer" means and includes a licensed importer,
110 licensed manufacturer, or licensed dealer engaged in the
111 business of making firearm sales at retail or for distribution,
112 or use, or consumption, or storage to be used or consumed in
113 this state, as defined in s. 212.02(13).
114 Section 3. This act shall take effect July 1, 2025.
115
116 ================= T I T L E A M E N D M E N T ================
117 And the title is amended as follows:
118 Delete everything before the enacting clause
119 and insert:
120 A bill to be entitled
121 An act relating to concealed carry licensing
122 requirements for law enforcement officers,
123 correctional officers, correctional probation
124 officers, and military servicemembers; amending
125 s.790.052 F.S.; providing that correctional probation
126 officers shall have the right to carry concealed
127 firearms, during off-duty hours, at the discretion of
128 their superior officers, and may perform law
129 enforcement functions under limited circumstances;
130 including correctional probation officers within the
131 definition of “qualified law enforcement officer”;
132 including correctional probation officers within the
133 definition of “qualified retired law enforcement
134 officer”; providing that should the superior officer
135 of the Florida Department of Corrections decide to
136 direct the officers under his or her supervision to
137 carry concealed firearms while off duty, the governing
138 body of the department must be informed; amending
139 s.790.0655, F.S.; deleting the required three day
140 waiting period for law enforcement officers,
141 correctional officers, and servicemembers to purchase
142 a rifle or shotgun; specifying the definition of
143 “holder of a concealed weapons or concealed firearms
144 license”; providing an effective date.