HB 517

A bill to be entitled
2An act relating to firearms; amending s. 790.06, F.S.;
3providing that a person in compliance with the terms of a
4concealed carry license may carry openly notwithstanding
5specified provisions; allowing the Division of Licensing
6of the Department of Agriculture and Consumer Services to
7take fingerprints from concealed carry license applicants;
8limiting a prohibition on carrying a concealed weapon or
9firearm into an elementary or secondary school facility,
10career center, or college or university facility to
11include only a public elementary or secondary school
12facility or administration building; providing that
13concealed carry licensees shall not be prohibited from
14carrying or storing a firearm in a vehicle for lawful
15purposes; providing that a provision limiting the scope of
16a license to carry a concealed weapon or firearm does not
17modify certain exceptions to prohibited acts with respect
18to a person's right to keep and bear arms in motor
19vehicles for certain purposes; amending s. 790.115, F.S.,
20relating to the prohibition against possessing or
21discharging weapons or firearms at a school-sponsored
22event or on school property; revising the definition of
23the term "school"; repealing s. 790.28, F.S., relating to
24the purchase of rifles and shotguns in contiguous states;
25amending s. 790.065, F.S.; providing that specified
26provisions do not apply to certain firearms transactions
27by a resident of this state that take place in another
28state; providing applicable law; requiring a specified
29background check for such transactions; providing an
30effective date.
32Be It Enacted by the Legislature of the State of Florida:
34     Section 1.  Subsection (1), paragraph (c) of subsection
35(5), and subsection (12) of section 790.06, Florida Statutes,
36are amended to read:
37     790.06  License to carry concealed weapon or firearm.-
38     (1)  The Department of Agriculture and Consumer Services is
39authorized to issue licenses to carry concealed weapons or
40concealed firearms to persons qualified as provided in this
41section. Each such license must bear a color photograph of the
42licensee. For the purposes of this section, concealed weapons or
43concealed firearms are defined as a handgun, electronic weapon
44or device, tear gas gun, knife, or billie, but the term does not
45include a machine gun as defined in s. 790.001(9). Such licenses
46shall be valid throughout the state for a period of 7 years from
47the date of issuance. Any person in compliance with the terms of
48such license may carry a concealed weapon or concealed firearm
49notwithstanding the provisions of s. 790.01 or may carry openly
50notwithstanding s. 790.053. The licensee must carry the license,
51together with valid identification, at all times in which the
52licensee is in actual possession of a concealed weapon or
53firearm and must display both the license and proper
54identification upon demand by a law enforcement officer. A
55violation Violations of the provisions of this subsection shall
56constitute a noncriminal violation with a penalty of $25,
57payable to the clerk of the court.
58     (5)  The applicant shall submit to the Department of
59Agriculture and Consumer Services:
60     (c)  A full set of fingerprints of the applicant
61administered by a law enforcement agency or the Division of
62Licensing of the Department of Agriculture and Consumer
64     (12)(a)  A No license issued under pursuant to this section
65does not shall authorize any person to carry a concealed weapon
66or firearm into:
67     1.  Any place of nuisance as defined in s. 823.05;
68     2.  Any police, sheriff, or highway patrol station;
69     3.  Any detention facility, prison, or jail;
70     4.  Any courthouse;
71     5.  Any courtroom, except that nothing in this section
72would preclude a judge from carrying a concealed weapon or
73determining who will carry a concealed weapon in his or her
75     6.  Any polling place;
76     7.  Any meeting of the governing body of a county, public
77school district, municipality, or special district;
78     8.  Any meeting of the Legislature or a committee thereof;
79     9.  Any school, college, or professional athletic event not
80related to firearms;
81     10.  Any public elementary or secondary school facility or
82administration building;
83     11.  Any portion of an establishment licensed to dispense
84alcoholic beverages for consumption on the premises, which
85portion of the establishment is primarily devoted to such
86purpose; any elementary or secondary school facility; any career
87center; any college or university facility unless the licensee
88is a registered student, employee, or faculty member of such
89college or university and the weapon is a stun gun or nonlethal
90electric weapon or device designed solely for defensive purposes
91and the weapon does not fire a dart or projectile;
92     12.  The inside of the passenger terminal and sterile area
93of any airport, provided that no person shall be prohibited from
94carrying any legal firearm into the terminal, which firearm is
95encased for shipment for purposes of checking such firearm as
96baggage to be lawfully transported on any aircraft; or
97     13.  Any place where the carrying of firearms is prohibited
98by federal law.
99     (b)  A person licensed under this section shall not be
100prohibited from carrying or storing a firearm in a vehicle for
101lawful purposes.
102     (c)  This subsection does not modify the terms or
103conditions of s. 790.251(7).
104     (d)  Any person who knowingly and willfully violates any
105provision of this subsection commits a misdemeanor of the second
106degree, punishable as provided in s. 775.082 or s. 775.083.
107     Section 2.  Section 790.115, Florida Statutes, is amended
108to read:
109     790.115  Possessing or discharging weapons or firearms at a
110school-sponsored event or on school property prohibited;
111penalties; exceptions.-
112     (1)  A person who exhibits any sword, sword cane, firearm,
113electric weapon or device, destructive device, or other weapon
114as defined in s. 790.001(13), including a razor blade, box
115cutter, or common pocketknife, except as authorized in support
116of school-sanctioned activities, in the presence of one or more
117persons in a rude, careless, angry, or threatening manner and
118not in lawful self-defense, at a school-sponsored event or on
119the grounds or facilities of any school, school bus, or school
120bus stop, or within 1,000 feet of the real property that
121comprises a public or private elementary school, middle school,
122or secondary school, during school hours or during the time of a
123sanctioned school activity, commits a felony of the third
124degree, punishable as provided in s. 775.082, s. 775.083, or s.
125775.084. This subsection does not apply to the exhibition of a
126firearm or weapon on private real property within 1,000 feet of
127a school by the owner of such property or by a person whose
128presence on such property has been authorized, licensed, or
129invited by the owner.
130     (2)(a)  A person may shall not possess any firearm,
131electric weapon or device, destructive device, or other weapon
132as defined in s. 790.001(13), including a razor blade or box
133cutter, except as authorized in support of school-sanctioned
134activities, at a school-sponsored event or on the property of
135any school, school bus, or school bus stop; however, a person
136may carry a firearm:
137     1.  In a case to a firearms program, class, or function
138that which has been approved in advance by the principal or
139chief administrative officer of the school as a program or class
140to which firearms could be carried;
141     2.  In a case to a career center having a firearms training
142range; or
143     3.  In a vehicle pursuant to s. 790.25(5); except that
144school districts may adopt written and published policies that
145waive the exception in this subparagraph for purposes of student
146and campus parking privileges.
148For the purposes of this section, the term "school" means any
149preschool, elementary school, middle school, junior high school,
150or secondary school, career center, or postsecondary school,
151whether public or nonpublic.
152     (b)  A person who willfully and knowingly possesses any
153electric weapon or device, destructive device, or other weapon
154as defined in s. 790.001(13), including a razor blade or box
155cutter, except as authorized in support of school-sanctioned
156activities, in violation of this subsection commits a felony of
157the third degree, punishable as provided in s. 775.082, s.
158775.083, or s. 775.084.
159     (c)1.  A person who willfully and knowingly possesses any
160firearm in violation of this subsection commits a felony of the
161third degree, punishable as provided in s. 775.082, s. 775.083,
162or s. 775.084.
163     2.  A person who stores or leaves a loaded firearm within
164the reach or easy access of a minor who obtains the firearm and
165commits a violation of subparagraph 1. commits a misdemeanor of
166the second degree, punishable as provided in s. 775.082 or s.
167775.083; except that this does not apply if the firearm was
168stored or left in a securely locked box or container or in a
169location which a reasonable person would have believed to be
170secure, or was securely locked with a firearm-mounted push-
171button combination lock or a trigger lock; if the minor obtains
172the firearm as a result of an unlawful entry by any person; or
173to members of the Armed Forces, National Guard, or State
174Militia, or to police or other law enforcement officers, with
175respect to firearm possession by a minor which occurs during or
176incidental to the performance of their official duties.
177     (d)  A person who discharges any weapon or firearm while in
178violation of paragraph (a), unless discharged for lawful defense
179of himself or herself or another or for a lawful purpose,
180commits a felony of the second degree, punishable as provided in
181s. 775.082, s. 775.083, or s. 775.084.
182     (e)  The penalties of this subsection do shall not apply to
183persons licensed under s. 790.06. Persons licensed under s.
184790.06 shall be punished as provided in s. 790.06(12), except
185that a licenseholder who unlawfully discharges a weapon or
186firearm on school property as prohibited by this subsection
187commits a felony of the second degree, punishable as provided in
188s. 775.082, s. 775.083, or s. 775.084.
189     (3)  This section does not apply to any law enforcement
190officer as defined in s. 943.10(1), (2), (3), (4), (6), (7),
191(8), (9), or (14).
192     (4)  Notwithstanding s. 985.24, s. 985.245, or s.
193985.25(1), any minor under 18 years of age who is charged under
194this section with possessing or discharging a firearm on school
195property shall be detained in secure detention, unless the state
196attorney authorizes the release of the minor, and shall be given
197a probable cause hearing within 24 hours after being taken into
198custody. At the hearing, the court may order that the minor
199continue to be held in secure detention for a period of 21 days,
200during which time the minor shall receive medical, psychiatric,
201psychological, or substance abuse examinations pursuant to s.
202985.18, and a written report shall be completed.
203     Section 3.  Section 790.28, Florida Statutes, is repealed.
204     Section 4.  Subsection (1) of section 790.065, Florida
205Statutes, is amended to read:
206     790.065  Sale and delivery of firearms.-
207     (1)(a)  A licensed importer, licensed manufacturer, or
208licensed dealer may not sell or deliver from her or his
209inventory at her or his licensed premises any firearm to another
210person, other than a licensed importer, licensed manufacturer,
211licensed dealer, or licensed collector, until she or he has:
212     1.(a)  Obtained a completed form from the potential buyer
213or transferee, which form shall have been promulgated by the
214Department of Law Enforcement and provided by the licensed
215importer, licensed manufacturer, or licensed dealer, which shall
216include the name, date of birth, gender, race, and social
217security number or other identification number of such potential
218buyer or transferee and has inspected proper identification
219including an identification containing a photograph of the
220potential buyer or transferee.
221     2.(b)  Collected a fee from the potential buyer for
222processing the criminal history check of the potential buyer.
223The fee shall be established by the Department of Law
224Enforcement and may not exceed $8 per transaction. The
225Department of Law Enforcement may reduce, or suspend collection
226of, the fee to reflect payment received from the Federal
227Government applied to the cost of maintaining the criminal
228history check system established by this section as a means of
229facilitating or supplementing the National Instant Criminal
230Background Check System. The Department of Law Enforcement
231shall, by rule, establish procedures for the fees to be
232transmitted by the licensee to the Department of Law
233Enforcement. All such fees shall be deposited into the
234Department of Law Enforcement Operating Trust Fund, but shall be
235segregated from all other funds deposited into such trust fund
236and must be accounted for separately. Such segregated funds must
237not be used for any purpose other than the operation of the
238criminal history checks required by this section. The Department
239of Law Enforcement, each year prior to February 1, shall make a
240full accounting of all receipts and expenditures of such funds
241to the President of the Senate, the Speaker of the House of
242Representatives, the majority and minority leaders of each house
243of the Legislature, and the chairs of the appropriations
244committees of each house of the Legislature. In the event that
245the cumulative amount of funds collected exceeds the cumulative
246amount of expenditures by more than $2.5 million, excess funds
247may be used for the purpose of purchasing soft body armor for
248law enforcement officers.
249     3.(c)  Requested, by means of a toll-free telephone call,
250the Department of Law Enforcement to conduct a check of the
251information as reported and reflected in the Florida Crime
252Information Center and National Crime Information Center systems
253as of the date of the request.
254     4.(d)  Received a unique approval number for that inquiry
255from the Department of Law Enforcement, and recorded the date
256and such number on the consent form.
257     (b)  However, if the person purchasing, or receiving
258delivery of, the firearm is a holder of a valid concealed
259weapons or firearms license pursuant to the provisions of s.
260790.06 or holds an active certification from the Criminal
261Justice Standards and Training Commission as a "law enforcement
262officer," a "correctional officer," or a "correctional probation
263officer" as defined in s. 943.10(1), (2), (3), (6), (7), (8), or
264(9), the provisions of this subsection does do not apply.
265     (c)  This section does not apply to the purchase, trade, or
266transfer of firearms by a resident of this state when the
267resident makes such purchase, trade, or transfer in another
268state, in which case the laws and regulations of that state and
269the United States governing the purchase, trade, or transfer of
270firearms shall apply. A National Instant Criminal Background
271Check System check shall be performed prior to such purchase,
272trade, or transfer of firearms by a resident of this state.
273     Section 5.  This act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.