Florida Senate - 2014 SB 544
By Senator Simpson
18-00417B-14 2014544__
1 A bill to be entitled
2 An act relating to licensure to carry a concealed
3 weapon or firearm; amending s. 790.06, F.S.;
4 authorizing an applicant for a license to carry a
5 concealed weapon or firearm to submit the application
6 to an appointed tax collector; creating s. 790.0625,
7 F.S.; defining terms; authorizing the Department of
8 Agriculture and Consumer Services to appoint tax
9 collectors to accept applications for new or renewal
10 licenses to carry a concealed weapon or firearm on
11 behalf of the Division of Licensing of the Department
12 of Agriculture and Consumer Services; requiring a tax
13 collector seeking appointment to submit a written
14 request to the division; providing requirements for
15 the request; requiring the division and an appointed
16 tax collector to enter into a memorandum of
17 understanding; authorizing the department or the
18 division to rescind a memorandum of understanding at
19 any time; providing that certain personal identifying
20 information of applicants for licensure is
21 confidential and exempt; establishing license fees for
22 new and renewal applications; requiring an appointed
23 tax collector to remit fees to the department;
24 prohibiting a tax collector from maintaining a list or
25 record of concealed weapon or firearm licensees or
26 applicants; prohibiting a person from processing a
27 concealed weapon or firearm application for a fee or
28 compensation unless he or she has been appointed by
29 the department to do so; providing for criminal
30 penalties; providing an effective date.
31
32 Be It Enacted by the Legislature of the State of Florida:
33
34 Section 1. Subsection (5) of section 790.06, Florida
35 Statutes, is amended to read:
36 790.06 License to carry concealed weapon or firearm.—
37 (5) The applicant shall submit to the Department of
38 Agriculture and Consumer Services or an approved tax collector
39 pursuant to s. 790.0625:
40 (a) A completed application as described in subsection (4).
41 (b) A nonrefundable license fee of up not to exceed $70, if
42 he or she has not previously been issued a statewide license, or
43 of up a nonrefundable license fee not to exceed $60 for renewal
44 of a statewide license. The cost of Costs for processing the set
45 of fingerprints as required in paragraph (c) is shall be borne
46 by the applicant. However, an individual holding an active
47 certification from the Criminal Justice Standards and Training
48 Commission as a “law enforcement officer,” “correctional
49 officer,” or “correctional probation officer” as defined in s.
50 943.10(1), (2), (3), (6), (7), (8), or (9) is exempt from the
51 licensing requirements of this section. If such any individual
52 holding an active certification from the Criminal Justice
53 Standards and Training Commission as a “law enforcement
54 officer,” a “correctional officer,” or a “correctional probation
55 officer” as defined in s. 943.10(1), (2), (3), (6), (7), (8), or
56 (9) wishes to receive a concealed weapons or firearms license,
57 he or she such person is exempt from the background
58 investigation and all background investigation fees, but must
59 shall pay the current license fees regularly required to be paid
60 by nonexempt applicants. Further, a law enforcement officer, a
61 correctional officer, or a correctional probation officer as
62 defined in s. 943.10(1), (2), or (3) is exempt from the required
63 fees and background investigation for a period of 1 year after
64 his or her subsequent to the date of retirement of said officer
65 as a law enforcement officer, a correctional officer, or a
66 correctional probation officer.
67 (c) A full set of fingerprints of the applicant
68 administered by a law enforcement agency or the Division of
69 Licensing of the Department of Agriculture and Consumer Services
70 or an approved tax collector pursuant to s. 790.0625.
71 (d) A photocopy of a certificate, or an affidavit, or
72 document as described in paragraph (2)(h).
73 (e) A full frontal view color photograph of the applicant
74 taken within the preceding 30 days, in which the head, including
75 hair, measures 7/8 of an inch wide and 1 1/8 inches high.
76 Section 2. Section 790.0625, Florida Statutes, is created
77 to read:
78 790.0625 Appointment of tax collectors to accept
79 applications for a concealed weapon or firearm license; fees;
80 penalties.–
81 (1) As used in this section, the term:
82 (a) “Department” means the Department of Agriculture and
83 Consumer Services.
84 (b) “Division” means the Division of Licensing of the
85 Department of Agriculture and Consumer Services.
86 (2) The department, at its discretion, may appoint tax
87 collectors, as defined in s. 1(d) of Art. VIII of the State
88 Constitution, to accept applications on behalf of the division
89 for concealed weapon or firearm licenses. Such appointment shall
90 be for specified locations that will best serve the public
91 interest and convenience in applying for these licenses.
92 (3) A tax collector seeking to be appointed to accept
93 applications for new or renewal concealed weapon or firearm
94 licenses must submit a written request to the division stating
95 his or her name, address, telephone number, each location within
96 the county at which the tax collector wishes to accept
97 applications, and other information as required by the division.
98 (a) Upon receipt of a written request, the division shall
99 review it and at its discretion may decline to enter into a
100 memorandum of understanding or, if approved, enter into a
101 memorandum of understanding with the tax collector to accept
102 applications for new or renewal concealed weapon or firearm
103 licenses on behalf of the department.
104 (b) The department or the division may rescind a memorandum
105 of understanding for any reason at any time.
106 (4) All personal identifying information that is provided
107 pursuant to s. 790.06 and contained in the records of a tax
108 collector appointed under this section is confidential and
109 exempt as provided in s. 790.0601.
110 (5) A tax collector appointed under this section may
111 collect and retain a convenience fee of $22 for each new
112 application and $12 for each renewal and shall remit weekly to
113 the department the license fees for deposit in the Division of
114 Licensing Trust Fund.
115 (6)(a) A tax collector appointed under this section may not
116 maintain a list or record of persons who apply for or are
117 granted a new or renewal license to carry a concealed weapon or
118 firearm. A violation of this paragraph is subject to s. 790.335.
119 (b) A person may not handle an application for a concealed
120 weapon or firearm for a fee or compensation of any kind unless
121 he or she has been appointed by the department to do so.
122 (7) A person who willfully violates this section commits a
123 misdemeanor of the second degree, punishable as provided in s.
124 775.082 or s. 775.083.
125 Section 3. This act shall take effect July 1, 2014.