Florida Senate - 2017 SB 644 By Senator Steube 23-00723-17 2017644__ 1 A bill to be entitled 2 An act relating to openly carrying a handgun; amending 3 s. 790.06, F.S.; authorizing a concealed weapons or 4 firearms licensee to openly carry a handgun; 5 reenacting s. 790.053(1), F.S., relating to the open 6 carrying of weapons, to incorporate the amendment made 7 to s. 790.06, F.S., in a reference thereto; providing 8 an effective date. 9 10 Be It Enacted by the Legislature of the State of Florida: 11 12 Section 1. Section 790.06, Florida Statutes, is amended to 13 read: 14 790.06 License to carry concealed weapon or firearm; open 15 carrying of handgun.— 16 (1) The Department of Agriculture and Consumer Services is 17 authorized to issue licenses to carry concealed weapons or 18 concealed firearms to persons qualified as provided in this 19 section. Each such license must bear a color photograph of the 20 licensee. For the purposes of this section, concealed weapons or 21 concealed firearms are defined as a handgun, electronic weapon 22 or device, tear gas gun, knife, or billie, but the term does not 23 include a machine gun as defined in s. 790.001(9). Such licenses 24 shall be valid throughout the state for a period of 7 years from 25 the date of issuance. Any person in compliance with the terms of 26 such license may carry a concealed weapon or concealed firearm 27 notwithstanding
the provisions ofs. 790.01 or may openly carry 28 a handgun notwithstanding s. 790.053. The licensee must carry 29 the license, together with valid identification, at all times in 30 which the licensee is in actual possession of a concealed weapon 31 or firearm or is openly carrying a handgun and must display both 32 the license and proper identification upon demand by a law 33 enforcement officer. Violations of the provisions of this 34 subsection shall constitute a noncriminal violation with a 35 penalty of $25, payable to the clerk of the court. 36 (2) The Department of Agriculture and Consumer Services 37 shall issue a license if the applicant: 38 (a) Is a resident of the United States and a citizen of the 39 United States or a permanent resident alien of the United 40 States, as determined by the United States Bureau of Citizenship 41 and Immigration Services, or is a consular security official of 42 a foreign government that maintains diplomatic relations and 43 treaties of commerce, friendship, and navigation with the United 44 States and is certified as such by the foreign government and by 45 the appropriate embassy in this country; 46 (b) Is 21 years of age or older; 47 (c) Does not suffer from a physical infirmity which 48 prevents the safe handling of a weapon or firearm; 49 (d) Is not ineligible to possess a firearm pursuant to s. 50 790.23 by virtue of having been convicted of a felony; 51 (e) Has not been committed for the abuse of a controlled 52 substance or been found guilty of a crime under the provisions 53 of chapter 893 or similar laws of any other state relating to 54 controlled substances within a 3-year period immediately 55 preceding the date on which the application is submitted; 56 (f) Does not chronically and habitually use alcoholic 57 beverages or other substances to the extent that his or her 58 normal faculties are impaired. It shall be presumed that an 59 applicant chronically and habitually uses alcoholic beverages or 60 other substances to the extent that his or her normal faculties 61 are impaired if the applicant has been committed under chapter 62 397 or under the provisions of former chapter 396 or has been 63 convicted under s. 790.151 or has been deemed a habitual 64 offender under s. 856.011(3), or has had two or more convictions 65 under s. 316.193 or similar laws of any other state, within the 66 3-year period immediately preceding the date on which the 67 application is submitted; 68 (g) Desires a legal means to carry a concealed weapon or 69 firearm for lawful self-defense; 70 (h) Demonstrates competence with a firearm by any one of 71 the following: 72 1. Completion of any hunter education or hunter safety 73 course approved by the Fish and Wildlife Conservation Commission 74 or a similar agency of another state; 75 2. Completion of any National Rifle Association firearms 76 safety or training course; 77 3. Completion of any firearms safety or training course or 78 class available to the general public offered by a law 79 enforcement agency, junior college, college, or private or 80 public institution or organization or firearms training school, 81 using instructors certified by the National Rifle Association, 82 Criminal Justice Standards and Training Commission, or the 83 Department of Agriculture and Consumer Services; 84 4. Completion of any law enforcement firearms safety or 85 training course or class offered for security guards, 86 investigators, special deputies, or any division or subdivision 87 of a law enforcement agency or security enforcement; 88 5. Presents evidence of equivalent experience with a 89 firearm through participation in organized shooting competition 90 or military service; 91 6. Is licensed or has been licensed to carry a firearm in 92 this state or a county or municipality of this state, unless 93 such license has been revoked for cause; or 94 7. Completion of any firearms training or safety course or 95 class conducted by a state-certified or National Rifle 96 Association certified firearms instructor; 97 98 A photocopy of a certificate of completion of any of the courses 99 or classes; an affidavit from the instructor, school, club, 100 organization, or group that conducted or taught such course or 101 class attesting to the completion of the course or class by the 102 applicant; or a copy of any document that shows completion of 103 the course or class or evidences participation in firearms 104 competition shall constitute evidence of qualification under 105 this paragraph. A person who conducts a course pursuant to 106 subparagraph 2., subparagraph 3., or subparagraph 7., or who, as 107 an instructor, attests to the completion of such courses, must 108 maintain records certifying that he or she observed the student 109 safely handle and discharge the firearm in his or her physical 110 presence and that the discharge of the firearm included live 111 fire using a firearm and ammunition as defined in s. 790.001; 112 (i) Has not been adjudicated an incapacitated person under 113 s. 744.331, or similar laws of any other state, unless 5 years 114 have elapsed since the applicant’s restoration to capacity by 115 court order; 116 (j) Has not been committed to a mental institution under 117 chapter 394, or similar laws of any other state, unless the 118 applicant produces a certificate from a licensed psychiatrist 119 that he or she has not suffered from disability for at least 5 120 years before the date of submission of the application; 121 (k) Has not had adjudication of guilt withheld or 122 imposition of sentence suspended on any felony unless 3 years 123 have elapsed since probation or any other conditions set by the 124 court have been fulfilled, or expunction has occurred; 125 (l) Has not had adjudication of guilt withheld or 126 imposition of sentence suspended on any misdemeanor crime of 127 domestic violence unless 3 years have elapsed since probation or 128 any other conditions set by the court have been fulfilled, or 129 the record has been expunged; 130 (m) Has not been issued an injunction that is currently in 131 force and effect and that restrains the applicant from 132 committing acts of domestic violence or acts of repeat violence; 133 and 134 (n) Is not prohibited from purchasing or possessing a 135 firearm by any other provision of Florida or federal law. 136 (3) The Department of Agriculture and Consumer Services 137 shall deny a license if the applicant has been found guilty of, 138 had adjudication of guilt withheld for, or had imposition of 139 sentence suspended for one or more crimes of violence 140 constituting a misdemeanor, unless 3 years have elapsed since 141 probation or any other conditions set by the court have been 142 fulfilled or the record has been sealed or expunged. The 143 Department of Agriculture and Consumer Services shall revoke a 144 license if the licensee has been found guilty of, had 145 adjudication of guilt withheld for, or had imposition of 146 sentence suspended for one or more crimes of violence within the 147 preceding 3 years. The department shall, upon notification by a 148 law enforcement agency, a court, or the Florida Department of 149 Law Enforcement and subsequent written verification, suspend a 150 license or the processing of an application for a license if the 151 licensee or applicant is arrested or formally charged with a 152 crime that would disqualify such person from having a license 153 under this section, until final disposition of the case. The 154 department shall suspend a license or the processing of an 155 application for a license if the licensee or applicant is issued 156 an injunction that restrains the licensee or applicant from 157 committing acts of domestic violence or acts of repeat violence. 158 (4) The application shall be completed, under oath, on a 159 form adopted by the Department of Agriculture and Consumer 160 Services and shall include: 161 (a) The name, address, place of birth, date of birth, and 162 race of the applicant; 163 (b) A statement that the applicant is in compliance with 164 criteria contained within subsections (2) and (3); 165 (c) A statement that the applicant has been furnished a 166 copy of this chapter and is knowledgeable of its provisions; 167 (d) A conspicuous warning that the application is executed 168 under oath and that a false answer to any question, or the 169 submission of any false document by the applicant, subjects the 170 applicant to criminal prosecution under s. 837.06; 171 (e) A statement that the applicant desires a concealed 172 weapon or firearms license as a means of lawful self-defense; 173 and 174 (f) Directions for an applicant who is a servicemember, as 175 defined in s. 250.01, or a veteran, as defined in s. 1.01, to 176 request expedited processing of his or her application. 177 (5) The applicant shall submit to the Department of 178 Agriculture and Consumer Services or an approved tax collector 179 pursuant to s. 790.0625: 180 (a) A completed application as described in subsection (4). 181 (b) A nonrefundable license fee of up to $60 if he or she 182 has not previously been issued a statewide license or of up to 183 $50 for renewal of a statewide license. The cost of processing 184 fingerprints as required in paragraph (c) shall be borne by the 185 applicant. However, an individual holding an active 186 certification from the Criminal Justice Standards and Training 187 Commission as a law enforcement officer, correctional officer, 188 or correctional probation officer as defined in s. 943.10(1), 189 (2), (3), (6), (7), (8), or (9) is exempt from the licensing 190 requirements of this section. If such individual wishes to 191 receive a concealed weapon or firearm license, he or she is 192 exempt from the background investigation and all background 193 investigation fees but must pay the current license fees 194 regularly required to be paid by nonexempt applicants. Further, 195 a law enforcement officer, a correctional officer, or a 196 correctional probation officer as defined in s. 943.10(1), (2), 197 or (3) is exempt from the required fees and background 198 investigation for 1 year after his or her retirement. 199 (c) A full set of fingerprints of the applicant 200 administered by a law enforcement agency or the Division of 201 Licensing of the Department of Agriculture and Consumer Services 202 or an approved tax collector pursuant to s. 790.0625 together 203 with any personal identifying information required by federal 204 law to process fingerprints. 205 (d) A photocopy of a certificate, affidavit, or document as 206 described in paragraph (2)(h). 207 (e) A full frontal view color photograph of the applicant 208 taken within the preceding 30 days, in which the head, including 209 hair, measures 7/8 of an inch wide and 1 1/8 inches high. 210 (f) For expedited processing of an application: 211 1. A servicemember shall submit a copy of the Common Access 212 Card, United States Uniformed Services Identification Card, or 213 current deployment orders. 214 2. A veteran shall submit a copy of the DD Form 214, issued 215 by the United States Department of Defense, or another 216 acceptable form of identification as specified by the Department 217 of Veterans’ Affairs. 218 (6)(a) The Department of Agriculture and Consumer Services, 219 upon receipt of the items listed in subsection (5), shall 220 forward the full set of fingerprints of the applicant to the 221 Department of Law Enforcement for state and federal processing, 222 provided the federal service is available, to be processed for 223 any criminal justice information as defined in s. 943.045. The 224 cost of processing such fingerprints shall be payable to the 225 Department of Law Enforcement by the Department of Agriculture 226 and Consumer Services. 227 (b) The sheriff’s office shall provide fingerprinting 228 service if requested by the applicant and may charge a fee not 229 to exceed $5 for this service. 230 (c) The Department of Agriculture and Consumer Services 231 shall, within 90 days after the date of receipt of the items 232 listed in subsection (5): 233 1. Issue the license; or 234 2. Deny the application based solely on the ground that the 235 applicant fails to qualify under the criteria listed in 236 subsection (2) or subsection (3). If the Department of 237 Agriculture and Consumer Services denies the application, it 238 shall notify the applicant in writing, stating the ground for 239 denial and informing the applicant of any right to a hearing 240 pursuant to chapter 120. 241 3. In the event the department receives criminal history 242 information with no final disposition on a crime which may 243 disqualify the applicant, the time limitation prescribed by this 244 paragraph may be suspended until receipt of the final 245 disposition or proof of restoration of civil and firearm rights. 246 (d) In the event a legible set of fingerprints, as 247 determined by the Department of Agriculture and Consumer 248 Services or the Federal Bureau of Investigation, cannot be 249 obtained after two attempts, the Department of Agriculture and 250 Consumer Services shall determine eligibility based upon the 251 name checks conducted by the Florida Department of Law 252 Enforcement. 253 (e) A consular security official of a foreign government 254 that maintains diplomatic relations and treaties of commerce, 255 friendship, and navigation with the United States and is 256 certified as such by the foreign government and by the 257 appropriate embassy in this country must be issued a license 258 within 20 days after the date of the receipt of a completed 259 application, certification document, color photograph as 260 specified in paragraph (5)(e), and a nonrefundable license fee 261 of $300. Consular security official licenses shall be valid for 262 1 year and may be renewed upon completion of the application 263 process as provided in this section. 264 (f) The Department of Agriculture and Consumer Services 265 shall, upon receipt of a completed application and the 266 identifying information required under paragraph (5)(f), 267 expedite the processing of a servicemember’s or a veteran’s 268 concealed weapon or firearm license application. 269 (7) The Department of Agriculture and Consumer Services 270 shall maintain an automated listing of licenseholders and 271 pertinent information, and such information shall be available 272 online, upon request, at all times to all law enforcement 273 agencies through the Florida Crime Information Center. 274 (8) Within 30 days after the changing of a permanent 275 address, or within 30 days after having a license lost or 276 destroyed, the licensee shall notify the Department of 277 Agriculture and Consumer Services of such change. Failure to 278 notify the Department of Agriculture and Consumer Services 279 pursuant to the provisions of this subsection shall constitute a 280 noncriminal violation with a penalty of $25. 281 (9) In the event that a concealed weapon or firearm license 282 is lost or destroyed, the license shall be automatically 283 invalid, and the person to whom the same was issued may, upon 284 payment of $15 to the Department of Agriculture and Consumer 285 Services, obtain a duplicate, or substitute thereof, upon 286 furnishing a notarized statement to the Department of 287 Agriculture and Consumer Services that such license has been 288 lost or destroyed. 289 (10) A license issued under this section shall be suspended 290 or revoked pursuant to chapter 120 if the licensee: 291 (a) Is found to be ineligible under the criteria set forth 292 in subsection (2); 293 (b) Develops or sustains a physical infirmity which 294 prevents the safe handling of a weapon or firearm; 295 (c) Is convicted of a felony which would make the licensee 296 ineligible to possess a firearm pursuant to s. 790.23; 297 (d) Is found guilty of a crime under the provisions of 298 chapter 893, or similar laws of any other state, relating to 299 controlled substances; 300 (e) Is committed as a substance abuser under chapter 397, 301 or is deemed a habitual offender under s. 856.011(3), or similar 302 laws of any other state; 303 (f) Is convicted of a second violation of s. 316.193, or a 304 similar law of another state, within 3 years after a first 305 conviction of such section or similar law of another state, even 306 though the first violation may have occurred before the date on 307 which the application was submitted; 308 (g) Is adjudicated an incapacitated person under s. 309 744.331, or similar laws of any other state; or 310 (h) Is committed to a mental institution under chapter 394, 311 or similar laws of any other state. 312 313 Notwithstanding s. 120.60(5), service of a notice of the 314 suspension or revocation of a concealed weapon or firearm 315 license must be given by either certified mail, return receipt 316 requested, to the licensee at his or her last known mailing 317 address furnished to the Department of Agriculture and Consumer 318 Services, or by personal service. If a notice given by certified 319 mail is returned as undeliverable, a second attempt must be made 320 to provide notice to the licensee at that address, by either 321 first-class mail in an envelope, postage prepaid, addressed to 322 the licensee at his or her last known mailing address furnished 323 to the department, or, if the licensee has provided an e-mail 324 address to the department, by e-mail. Such mailing by the 325 department constitutes notice, and any failure by the licensee 326 to receive such notice does not stay the effective date or term 327 of the suspension or revocation. A request for hearing must be 328 filed with the department within 21 days after notice is 329 received by personal delivery, or within 26 days after the date 330 the department deposits the notice in the United States mail (21 331 days plus 5 days for mailing). The department shall document its 332 attempts to provide notice, and such documentation is admissible 333 in the courts of this state and constitutes sufficient proof 334 that notice was given. 335 (11)(a) At least 90 days before the expiration date of the 336 license, the Department of Agriculture and Consumer Services 337 shall mail to each licensee a written notice of the expiration 338 and a renewal form prescribed by the Department of Agriculture 339 and Consumer Services. The licensee must renew his or her 340 license on or before the expiration date by filing with the 341 Department of Agriculture and Consumer Services the renewal form 342 containing an affidavit submitted under oath and under penalty 343 of perjury stating that the licensee remains qualified pursuant 344 to the criteria specified in subsections (2) and (3), a color 345 photograph as specified in paragraph (5)(e), and the required 346 renewal fee. Out-of-state residents must also submit a complete 347 set of fingerprints and fingerprint processing fee. The license 348 shall be renewed upon receipt of the completed renewal form, 349 color photograph, appropriate payment of fees, and, if 350 applicable, fingerprints. Additionally, a licensee who fails to 351 file a renewal application on or before its expiration date must 352 renew his or her license by paying a late fee of $15. A license 353 may not be renewed 180 days or more after its expiration date, 354 and such a license is deemed to be permanently expired. A person 355 whose license has been permanently expired may reapply for 356 licensure; however, an application for licensure and fees under 357 subsection (5) must be submitted, and a background investigation 358 shall be conducted pursuant to this section. A person who 359 knowingly files false information under this subsection is 360 subject to criminal prosecution under s. 837.06. 361 (b) A license issued to a servicemember, as defined in s. 362 250.01, is subject to paragraph (a); however, such a license 363 does not expire while the servicemember is serving on military 364 orders that have taken him or her over 35 miles from his or her 365 residence and shall be extended, as provided in this paragraph, 366 for up to 180 days after his or her return to such residence. If 367 the license renewal requirements in paragraph (a) are met within 368 the 180-day extension period, the servicemember may not be 369 charged any additional costs, such as, but not limited to, late 370 fees or delinquency fees, above the normal license fees. The 371 servicemember must present to the Department of Agriculture and 372 Consumer Services a copy of his or her official military orders 373 or a written verification from the member’s commanding officer 374 before the end of the 180-day period in order to qualify for the 375 extension. 376 (12)(a) A license issued under this section does not 377 authorize any person to openly carry a handgun or carry a 378 concealed weapon or firearm into: 379 1. Any place of nuisance as defined in s. 823.05; 380 2. Any police, sheriff, or highway patrol station; 381 3. Any detention facility, prison, or jail; 382 4. Any courthouse; 383 5. Any courtroom, except that nothing in this section would 384 preclude a judge from carrying a concealed weapon or determining 385 who will carry a concealed weapon in his or her courtroom; 386 6. Any polling place; 387 7. Any meeting of the governing body of a county, public 388 school district, municipality, or special district; 389 8. Any meeting of the Legislature or a committee thereof; 390 9. Any school, college, or professional athletic event not 391 related to firearms; 392 10. Any elementary or secondary school facility or 393 administration building; 394 11. Any career center; 395 12. Any portion of an establishment licensed to dispense 396 alcoholic beverages for consumption on the premises, which 397 portion of the establishment is primarily devoted to such 398 purpose; 399 13. Any college or university facility unless the licensee 400 is a registered student, employee, or faculty member of such 401 college or university and the weapon is a stun gun or nonlethal 402 electric weapon or device designed solely for defensive purposes 403 and the weapon does not fire a dart or projectile; 404 14. The inside of the passenger terminal and sterile area 405 of any airport, provided that no person shall be prohibited from 406 carrying any legal firearm into the terminal, which firearm is 407 encased for shipment for purposes of checking such firearm as 408 baggage to be lawfully transported on any aircraft; or 409 15. Any place where the carrying of firearms is prohibited 410 by federal law. 411 (b) A person licensed under this section shall not be 412 prohibited from carrying or storing a firearm in a vehicle for 413 lawful purposes. 414 (c) This section does not modify the terms or conditions of 415 s. 790.251(7). 416 (d) Any person who knowingly and willfully violates any 417 provision of this subsection commits a misdemeanor of the second 418 degree, punishable as provided in s. 775.082 or s. 775.083. 419 (13) All moneys collected by the department pursuant to 420 this section shall be deposited in the Division of Licensing 421 Trust Fund, and the Legislature shall appropriate from the fund 422 those amounts deemed necessary to administer the provisions of 423 this section. All revenues collected, less those costs 424 determined by the Department of Agriculture and Consumer 425 Services to be nonrecurring or one-time costs, shall be deferred 426 over the 7-year licensure period. Notwithstanding the provisions 427 of s. 493.6117, all moneys collected pursuant to this section 428 shall not revert to the General Revenue Fund; however, this 429 shall not abrogate the requirement for payment of the service 430 charge imposed pursuant to chapter 215. 431 (14) All funds received by the sheriff pursuant to the 432 provisions of this section shall be deposited into the general 433 revenue fund of the county and shall be budgeted to the sheriff. 434 (15) The Legislature finds as a matter of public policy and 435 fact that it is necessary to provide statewide uniform standards 436 for issuing licenses to carry concealed weapons and firearms for 437 self-defense and finds it necessary to occupy the field of 438 regulation of the bearing of concealed weapons or firearms for 439 self-defense to ensure that no honest, law-abiding person who 440 qualifies under the provisions of this section is subjectively 441 or arbitrarily denied his or her rights. The Department of 442 Agriculture and Consumer Services shall implement and administer 443 the provisions of this section. The Legislature does not 444 delegate to the Department of Agriculture and Consumer Services 445 the authority to regulate or restrict the issuing of licenses 446 provided for in this section, beyond those provisions contained 447 in this section. Subjective or arbitrary actions or rules which 448 encumber the issuing process by placing burdens on the applicant 449 beyond those sworn statements and specified documents detailed 450 in this section or which create restrictions beyond those 451 specified in this section are in conflict with the intent of 452 this section and are prohibited. This section shall be liberally 453 construed to carry out the constitutional right to bear arms for 454 self-defense. This section is supplemental and additional to 455 existing rights to bear arms, and nothing in this section shall 456 impair or diminish such rights. 457 (16) The Department of Agriculture and Consumer Services 458 shall maintain statistical information on the number of licenses 459 issued, revoked, suspended, and denied. 460 (17) As amended by chapter 87-24, Laws of Florida, this 461 section shall be known and may be cited as the “Jack Hagler Self 462 Defense Act.” 463 Section 2. For the purpose of incorporating the amendment 464 made by this act to section 790.06, Florida Statutes, in a 465 reference thereto, subsection (1) of section 790.053, Florida 466 Statutes, is reenacted to read: 467 790.053 Open carrying of weapons.— 468 (1) Except as otherwise provided by law and in subsection 469 (2), it is unlawful for any person to openly carry on or about 470 his or her person any firearm or electric weapon or device. It 471 is not a violation of this section for a person licensed to 472 carry a concealed firearm as provided in s. 790.06(1), and who 473 is lawfully carrying a firearm in a concealed manner, to briefly 474 and openly display the firearm to the ordinary sight of another 475 person, unless the firearm is intentionally displayed in an 476 angry or threatening manner, not in necessary self-defense. 477 Section 3. This act shall take effect July 1, 2017.