CS/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;
8providing that a person may not openly carry a weapon or
9firearm or carry a concealed weapon or firearm into
10specified locations; providing that concealed carry
11licensees shall not be prohibited from carrying or storing
12a firearm in a vehicle for lawful purposes; providing that
13a provision limiting the scope of a license to carry a
14concealed weapon or firearm does not modify certain
15exceptions to prohibited acts with respect to a person's
16right to keep and bear arms in motor vehicles for certain
17purposes; repealing s. 790.28, F.S., relating to the
18purchase of rifles and shotguns in contiguous states;
19amending s. 790.065, F.S.; providing that specified
20provisions do not apply to certain firearms transactions
21by a resident of this state; providing an effective date.
23Be It Enacted by the Legislature of the State of Florida:
25     Section 1.  Subsection (1), paragraph (c) of subsection
26(5), and subsection (12) of section 790.06, Florida Statutes,
27are amended to read:
28     790.06  License to carry concealed weapon or firearm.-
29     (1)  The Department of Agriculture and Consumer Services is
30authorized to issue licenses to carry concealed weapons or
31concealed firearms to persons qualified as provided in this
32section. Each such license must bear a color photograph of the
33licensee. For the purposes of this section, concealed weapons or
34concealed firearms are defined as a handgun, electronic weapon
35or device, tear gas gun, knife, or billie, but the term does not
36include a machine gun as defined in s. 790.001(9). Such licenses
37shall be valid throughout the state for a period of 7 years from
38the date of issuance. Any person in compliance with the terms of
39such license may carry a concealed weapon or concealed firearm
40notwithstanding the provisions of s. 790.01 or may carry openly
41notwithstanding s. 790.053. The licensee must carry the license,
42together with valid identification, at all times in which the
43licensee is in actual possession of a concealed weapon or
44firearm and must display both the license and proper
45identification upon demand by a law enforcement officer. A
46violation Violations of the provisions of this subsection shall
47constitute a noncriminal violation with a penalty of $25,
48payable to the clerk of the court.
49     (5)  The applicant shall submit to the Department of
50Agriculture and Consumer Services:
51     (c)  A full set of fingerprints of the applicant
52administered by a law enforcement agency or the Division of
53Licensing of the Department of Agriculture and Consumer
55     (12)(a)  A No license issued under pursuant to this section
56does not shall authorize any person to openly carry a weapon or
57firearm or carry a concealed weapon or firearm into:
58     1.  Any place of nuisance as defined in s. 823.05;
59     2.  Any police, sheriff, or highway patrol station;
60     3.  Any detention facility, prison, or jail;
61     4.  Any courthouse;
62     5.  Any courtroom, except that nothing in this section
63would preclude a judge from carrying a concealed weapon or
64determining who will carry a concealed weapon in his or her
66     6.  Any polling place;
67     7.  Any meeting of the governing body of a county, public
68school district, municipality, or special district;
69     8.  Any meeting of the Legislature or a committee thereof;
70     9.  Any school, college, or professional athletic event not
71related to firearms;
72     10.  Any elementary or secondary school facility or
73administration building;
74     11.  Any career center;
75     12.  Any portion of an establishment licensed to dispense
76alcoholic beverages for consumption on the premises, which
77portion of the establishment is primarily devoted to such
78purpose; any elementary or secondary school facility; any career
80     13.  Any college or university facility unless the licensee
81is a registered student, employee, or faculty member of such
82college or university and the weapon is a stun gun or nonlethal
83electric weapon or device designed solely for defensive purposes
84and the weapon does not fire a dart or projectile;
85     14.  The inside of the passenger terminal and sterile area
86of any airport, provided that no person shall be prohibited from
87carrying any legal firearm into the terminal, which firearm is
88encased for shipment for purposes of checking such firearm as
89baggage to be lawfully transported on any aircraft; or
90     15.  Any place where the carrying of firearms is prohibited
91by federal law.
92     (b)  A person licensed under this section shall not be
93prohibited from carrying or storing a firearm in a vehicle for
94lawful purposes.
95     (c)  This subsection does not modify the terms or
96conditions of s. 790.251(7).
97     (d)  Any person who knowingly and willfully violates any
98provision of this subsection commits a misdemeanor of the second
99degree, punishable as provided in s. 775.082 or s. 775.083.
100     Section 2.  Section 790.28, Florida Statutes, is repealed.
101     Section 3.  Subsection (1) of section 790.065, Florida
102Statutes, is amended to read:
103     790.065  Sale and delivery of firearms.-
104     (1)(a)  A licensed importer, licensed manufacturer, or
105licensed dealer may not sell or deliver from her or his
106inventory at her or his licensed premises any firearm to another
107person, other than a licensed importer, licensed manufacturer,
108licensed dealer, or licensed collector, until she or he has:
109     1.(a)  Obtained a completed form from the potential buyer
110or transferee, which form shall have been promulgated by the
111Department of Law Enforcement and provided by the licensed
112importer, licensed manufacturer, or licensed dealer, which shall
113include the name, date of birth, gender, race, and social
114security number or other identification number of such potential
115buyer or transferee and has inspected proper identification
116including an identification containing a photograph of the
117potential buyer or transferee.
118     2.(b)  Collected a fee from the potential buyer for
119processing the criminal history check of the potential buyer.
120The fee shall be established by the Department of Law
121Enforcement and may not exceed $8 per transaction. The
122Department of Law Enforcement may reduce, or suspend collection
123of, the fee to reflect payment received from the Federal
124Government applied to the cost of maintaining the criminal
125history check system established by this section as a means of
126facilitating or supplementing the National Instant Criminal
127Background Check System. The Department of Law Enforcement
128shall, by rule, establish procedures for the fees to be
129transmitted by the licensee to the Department of Law
130Enforcement. All such fees shall be deposited into the
131Department of Law Enforcement Operating Trust Fund, but shall be
132segregated from all other funds deposited into such trust fund
133and must be accounted for separately. Such segregated funds must
134not be used for any purpose other than the operation of the
135criminal history checks required by this section. The Department
136of Law Enforcement, each year prior to February 1, shall make a
137full accounting of all receipts and expenditures of such funds
138to the President of the Senate, the Speaker of the House of
139Representatives, the majority and minority leaders of each house
140of the Legislature, and the chairs of the appropriations
141committees of each house of the Legislature. In the event that
142the cumulative amount of funds collected exceeds the cumulative
143amount of expenditures by more than $2.5 million, excess funds
144may be used for the purpose of purchasing soft body armor for
145law enforcement officers.
146     3.(c)  Requested, by means of a toll-free telephone call,
147the Department of Law Enforcement to conduct a check of the
148information as reported and reflected in the Florida Crime
149Information Center and National Crime Information Center systems
150as of the date of the request.
151     4.(d)  Received a unique approval number for that inquiry
152from the Department of Law Enforcement, and recorded the date
153and such number on the consent form.
154     (b)  However, if the person purchasing, or receiving
155delivery of, the firearm is a holder of a valid concealed
156weapons or firearms license pursuant to the provisions of s.
157790.06 or holds an active certification from the Criminal
158Justice Standards and Training Commission as a "law enforcement
159officer," a "correctional officer," or a "correctional probation
160officer" as defined in s. 943.10(1), (2), (3), (6), (7), (8), or
161(9), the provisions of this subsection does do not apply.
162     (c)  This subsection does not apply to the purchase, trade,
163or transfer of a rifle or shotgun by a resident of this state
164when the resident makes such purchase, trade, or transfer from a
165licensed importer, licensed manufacturer, or licensed dealer in
166another state.
167     Section 4.  This act shall take effect upon becoming a law.

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