Florida Senate - 2017                                     SB 646
       
       
        
       By Senator Steube
       
       23-00719-17                                            2017646__
    1                        A bill to be entitled                      
    2         An act relating to weapons and firearms; amending s.
    3         790.053, F.S.; deleting a statement of applicability
    4         relating to violations of carrying a concealed weapon
    5         or firearm; reducing the penalty for a violation of
    6         specified provisions relating to openly carrying
    7         weapons; making a fine payable to the clerk of the
    8         court; amending s. 790.06, F.S.; providing that a
    9         person licensed to carry a concealed weapon or firearm
   10         who is lawfully carrying a firearm does not violate
   11         certain provisions if the firearm is temporarily and
   12         openly displayed; authorizing each member of the
   13         Florida Cabinet to carry a concealed weapon or firearm
   14         if he or she is licensed to carry a concealed weapon
   15         or firearm and does not have full-time security
   16         provided by the Department of Law Enforcement;
   17         reducing the penalty for a violation of specified
   18         provisions relating to carrying concealed weapons or
   19         firearms in prohibited places; making a fine payable
   20         to the clerk of the court; reenacting ss.
   21         943.051(3)(b) and 985.11(1)(b), F.S., both relating to
   22         fingerprinting of a minor for violating specified
   23         provisions, to incorporate the amendment made to s.
   24         790.053, F.S., in references thereto; providing an
   25         effective date.
   26          
   27  Be It Enacted by the Legislature of the State of Florida:
   28  
   29         Section 1. Section 790.053, Florida Statutes, is amended to
   30  read:
   31         790.053 Open carrying of weapons.—
   32         (1) Except as otherwise provided by law and in subsection
   33  (2), it is unlawful for any person to openly carry on or about
   34  his or her person any firearm or electric weapon or device. It
   35  is not a violation of this section for a person licensed to
   36  carry a concealed firearm as provided in s. 790.06(1), and who
   37  is lawfully carrying a firearm in a concealed manner, to briefly
   38  and openly display the firearm to the ordinary sight of another
   39  person, unless the firearm is intentionally displayed in an
   40  angry or threatening manner, not in necessary self-defense.
   41         (2) A person may openly carry, for purposes of lawful self
   42  defense:
   43         (a) A self-defense chemical spray.
   44         (b) A nonlethal stun gun or dart-firing stun gun or other
   45  nonlethal electric weapon or device that is designed solely for
   46  defensive purposes.
   47         (3) A Any person who violates violating this section
   48  commits a noncriminal violation with a penalty of $25, payable
   49  to the clerk of the court misdemeanor of the second degree,
   50  punishable as provided in s. 775.082 or s. 775.083.
   51         Section 2. Subsections (1) and (12) of section 790.06,
   52  Florida Statutes, are amended to read:
   53         790.06 License to carry concealed weapon or firearm.—
   54         (1) The Department of Agriculture and Consumer Services is
   55  authorized to issue licenses to carry concealed weapons or
   56  concealed firearms to persons qualified as provided in this
   57  section. Each such license must bear a color photograph of the
   58  licensee. For the purposes of this section, concealed weapons or
   59  concealed firearms are defined as a handgun, electronic weapon
   60  or device, tear gas gun, knife, or billie, but the term does not
   61  include a machine gun as defined in s. 790.001(9). Such licenses
   62  shall be valid throughout the state for a period of 7 years from
   63  the date of issuance. Any person in compliance with the terms of
   64  such license may carry a concealed weapon or concealed firearm
   65  notwithstanding the provisions of s. 790.01. The licensee must
   66  carry the license, together with valid identification, at all
   67  times in which the licensee is in actual possession of a
   68  concealed weapon or firearm and must display both the license
   69  and proper identification upon demand by a law enforcement
   70  officer. A person licensed to carry a concealed firearm under
   71  this section who is lawfully carrying a firearm in a concealed
   72  manner and whose firearm is temporarily and openly displayed to
   73  the ordinary sight of another person does not violate s. 790.053
   74  and may not be arrested or charged with a crime. Violations of
   75  the provisions of this subsection shall constitute a noncriminal
   76  violation with a penalty of $25, payable to the clerk of the
   77  court. Notwithstanding any other provision of this section, a
   78  member of the Florida Cabinet who is licensed to carry a
   79  concealed weapon or firearm and who does not have full-time
   80  security provided by the Department of Law Enforcement may carry
   81  a concealed weapon or firearm anywhere they are not prohibited
   82  by federal law.
   83         (12)(a) A license issued under this section does not
   84  authorize any person to openly carry a handgun or carry a
   85  concealed weapon or firearm into:
   86         1. Any place of nuisance as defined in s. 823.05;
   87         2. Any police, sheriff, or highway patrol station;
   88         3. Any detention facility, prison, or jail;
   89         4. Any courthouse;
   90         5. Any courtroom, except that nothing in this section would
   91  preclude a judge from carrying a concealed weapon or determining
   92  who will carry a concealed weapon in his or her courtroom;
   93         6. Any polling place;
   94         7. Any meeting of the governing body of a county, public
   95  school district, municipality, or special district;
   96         8. Any meeting of the Legislature or a committee thereof;
   97         9. Any school, college, or professional athletic event not
   98  related to firearms;
   99         10. Any elementary or secondary school facility or
  100  administration building;
  101         11. Any career center;
  102         12. Any portion of an establishment licensed to dispense
  103  alcoholic beverages for consumption on the premises, which
  104  portion of the establishment is primarily devoted to such
  105  purpose;
  106         13. Any college or university facility unless the licensee
  107  is a registered student, employee, or faculty member of such
  108  college or university and the weapon is a stun gun or nonlethal
  109  electric weapon or device designed solely for defensive purposes
  110  and the weapon does not fire a dart or projectile;
  111         14. The inside of the passenger terminal and sterile area
  112  of any airport, provided that no person shall be prohibited from
  113  carrying any legal firearm into the terminal, which firearm is
  114  encased for shipment for purposes of checking such firearm as
  115  baggage to be lawfully transported on any aircraft; or
  116         15. Any place where the carrying of firearms is prohibited
  117  by federal law.
  118         (b) A person licensed under this section may shall not be
  119  prohibited from carrying or storing a firearm in a vehicle for
  120  lawful purposes.
  121         (c) This section does not modify the terms or conditions of
  122  s. 790.251(7).
  123         (d) Any person who knowingly and willfully violates any
  124  provision of this subsection commits a noncriminal violation
  125  with a penalty of $25, payable to the clerk of the court
  126  misdemeanor of the second degree, punishable as provided in s.
  127  775.082 or s. 775.083.
  128         Section 3. For the purpose of incorporating the amendment
  129  made by this act to section 790.053, Florida Statutes, in a
  130  reference thereto, paragraph (b) of subsection (3) of section
  131  943.051, Florida Statutes, is reenacted to read:
  132         943.051 Criminal justice information; collection and
  133  storage; fingerprinting.—
  134         (3)
  135         (b) A minor who is charged with or found to have committed
  136  the following offenses shall be fingerprinted and the
  137  fingerprints shall be submitted electronically to the
  138  department, unless the minor is issued a civil citation pursuant
  139  to s. 985.12:
  140         1. Assault, as defined in s. 784.011.
  141         2. Battery, as defined in s. 784.03.
  142         3. Carrying a concealed weapon, as defined in s. 790.01(1).
  143         4. Unlawful use of destructive devices or bombs, as defined
  144  in s. 790.1615(1).
  145         5. Neglect of a child, as defined in s. 827.03(1)(e).
  146         6. Assault or battery on a law enforcement officer, a
  147  firefighter, or other specified officers, as defined in s.
  148  784.07(2)(a) and (b).
  149         7. Open carrying of a weapon, as defined in s. 790.053.
  150         8. Exposure of sexual organs, as defined in s. 800.03.
  151         9. Unlawful possession of a firearm, as defined in s.
  152  790.22(5).
  153         10. Petit theft, as defined in s. 812.014(3).
  154         11. Cruelty to animals, as defined in s. 828.12(1).
  155         12. Arson, as defined in s. 806.031(1).
  156         13. Unlawful possession or discharge of a weapon or firearm
  157  at a school-sponsored event or on school property, as provided
  158  in s. 790.115.
  159         Section 4. For the purpose of incorporating the amendment
  160  made by this act to section 790.053, Florida Statutes, in a
  161  reference thereto, paragraph (b) of subsection (1) of section
  162  985.11, Florida Statutes, is reenacted to read:
  163         985.11 Fingerprinting and photographing.—
  164         (1)
  165         (b) Unless the child is issued a civil citation or is
  166  participating in a similar diversion program pursuant to s.
  167  985.12, a child who is charged with or found to have committed
  168  one of the following offenses shall be fingerprinted, and the
  169  fingerprints shall be submitted to the Department of Law
  170  Enforcement as provided in s. 943.051(3)(b):
  171         1. Assault, as defined in s. 784.011.
  172         2. Battery, as defined in s. 784.03.
  173         3. Carrying a concealed weapon, as defined in s. 790.01(1).
  174         4. Unlawful use of destructive devices or bombs, as defined
  175  in s. 790.1615(1).
  176         5. Neglect of a child, as defined in s. 827.03(1)(e).
  177         6. Assault on a law enforcement officer, a firefighter, or
  178  other specified officers, as defined in s. 784.07(2)(a).
  179         7. Open carrying of a weapon, as defined in s. 790.053.
  180         8. Exposure of sexual organs, as defined in s. 800.03.
  181         9. Unlawful possession of a firearm, as defined in s.
  182  790.22(5).
  183         10. Petit theft, as defined in s. 812.014.
  184         11. Cruelty to animals, as defined in s. 828.12(1).
  185         12. Arson, resulting in bodily harm to a firefighter, as
  186  defined in s. 806.031(1).
  187         13. Unlawful possession or discharge of a weapon or firearm
  188  at a school-sponsored event or on school property as defined in
  189  s. 790.115.
  190  
  191  A law enforcement agency may fingerprint and photograph a child
  192  taken into custody upon probable cause that such child has
  193  committed any other violation of law, as the agency deems
  194  appropriate. Such fingerprint records and photographs shall be
  195  retained by the law enforcement agency in a separate file, and
  196  these records and all copies thereof must be marked “Juvenile
  197  Confidential.” These records are not available for public
  198  disclosure and inspection under s. 119.07(1) except as provided
  199  in ss. 943.053 and 985.04(2), but shall be available to other
  200  law enforcement agencies, criminal justice agencies, state
  201  attorneys, the courts, the child, the parents or legal
  202  custodians of the child, their attorneys, and any other person
  203  authorized by the court to have access to such records. In
  204  addition, such records may be submitted to the Department of Law
  205  Enforcement for inclusion in the state criminal history records
  206  and used by criminal justice agencies for criminal justice
  207  purposes. These records may, in the discretion of the court, be
  208  open to inspection by anyone upon a showing of cause. The
  209  fingerprint and photograph records shall be produced in the
  210  court whenever directed by the court. Any photograph taken
  211  pursuant to this section may be shown by a law enforcement
  212  officer to any victim or witness of a crime for the purpose of
  213  identifying the person who committed such crime.
  214         Section 5. This act shall take effect July 1, 2017.