Senate Bill sb1724c1

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    Florida Senate - 2002                           CS for SB 1724

    By the Committee on Governmental Oversight and Productivity;
    and Senator Garcia




    302-2324-02

  1                      A bill to be entitled

  2         An act relating to governmental reorganization;

  3         transferring the Division of Licensing of the

  4         Department of State to the Department of

  5         Agriculture and Consumer Services; amending s.

  6         20.10, F.S.; conforming provisions; amending s.

  7         20.14, F.S.; creating the Division of Licensing

  8         in the Department of Agriculture and Consumer

  9         Services; amending ss. 493.6101, 493.6104,

10         493.6108, 493.6109, 493.6112, 493.6121, 790.06,

11         F.S.; redesignating the department with

12         regulatory responsibilities; providing an

13         effective date.

14  

15  Be It Enacted by the Legislature of the State of Florida:

16  

17         Section 1.  Pursuant to section 20.06(2), Florida

18  Statutes, the Division of Licensing of the Department of State

19  is transferred by a type two transfer to the Department of

20  Agriculture and Consumer Services and reestablished as a

21  division within that department. Notwithstanding the

22  provisions of section 20.06(2)(b), Florida Statutes, the

23  Commissioner of Agriculture is not authorized to reconfigure

24  the division or its units or subunits, or to modify its

25  structure, duties, programs, activities, or functions, or to

26  reassign any funds from any trust fund supporting those

27  duties, programs, activities, or functions.

28         Section 2.  Subsection (2) of section 20.10, Florida

29  Statutes, is amended to read:

30         20.10  Department of State.--There is created a

31  Department of State.

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  1         (2)  The following divisions of the Department of State

  2  are established:

  3         (a)  Division of Elections.

  4         (b)  Division of Historical Resources.

  5         (c)  Division of Corporations.

  6         (d)  Division of Library and Information Services.

  7         (e)  Division of Licensing.

  8         (e)(f)  Division of Cultural Affairs.

  9         (f)(g)  Division of Administration.

10         Section 3.  Subsection (2) of section 20.14, Florida

11  Statutes, is amended to read:

12         20.14  Department of Agriculture and Consumer

13  Services.--There is created a Department of Agriculture and

14  Consumer Services.

15         (2)  The following divisions of the Department of

16  Agriculture and Consumer Services are established:

17         (a)  Administration.

18         (b)  Agricultural Environmental Services.

19         (c)  Animal Industry.

20         (d)  Aquaculture.

21         (e)  Consumer Services.

22         (f)  Dairy Industry.

23         (g)  Food Safety.

24         (h)  Forestry.

25         (i)  Fruit and Vegetables.

26         (j)  Licensing.

27         (k)(j)  Marketing and Development.

28         (l)(k)  Plant Industry.

29         (m)(l)  Standards.

30         Section 4.  Subsection (1) of section 493.6101, Florida

31  Statutes, is amended to read:

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  1         493.6101  Definitions.--

  2         (1)  "Department" means the Department of Agriculture

  3  and Consumer Services State.

  4         Section 5.  Subsection (2) of section 493.6104, Florida

  5  Statutes, is amended to read:

  6         493.6104  Advisory council.--

  7         (2)  Council members shall be appointed by the

  8  Commissioner of Agriculture Secretary of State for a 4-year

  9  term.  In the event of an appointment to fill an unexpired

10  term, the appointment shall be for no longer than the

11  remainder of the unexpired term. No member may serve more than

12  two full consecutive terms. Members may be removed by the

13  Commissioner of Agriculture Secretary of State for cause.

14  Cause shall include, but is not limited to, absences from two

15  consecutive meetings.

16         Section 6.  Section 493.6108, Florida Statutes, is

17  amended to read:

18         493.6108  Investigation of applicants by Department of

19  Agriculture and Consumer Services State.--

20         (1)  Except as otherwise provided, prior to the

21  issuance of a license under this chapter, the department shall

22  make an investigation of the applicant for a license.  The

23  investigation shall include:

24         (a)1.  An examination of fingerprint records and police

25  records. When a criminal history analysis of any applicant

26  under this chapter is performed by means of fingerprint card

27  identification, the time limitations prescribed by s.

28  120.60(1) shall be tolled during the time the applicant's

29  fingerprint card is under review by the Department of Law

30  Enforcement or the United States Department of Justice,

31  Federal Bureau of Investigation.

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  1         2.  If a legible set of fingerprints, as determined by

  2  the Department of Law Enforcement or the Federal Bureau of

  3  Investigation, cannot be obtained after two attempts, the

  4  Department of Agriculture and Consumer Services State may

  5  determine the applicant's eligibility based upon a criminal

  6  history record check under the applicant's name conducted by

  7  the Department of Law Enforcement and the Federal Bureau of

  8  Investigation. A set of fingerprints taken by a law

  9  enforcement agency and a written statement signed by the

10  fingerprint technician or a licensed physician stating that

11  there is a physical condition that precludes obtaining a

12  legible set of fingerprints or that the fingerprints taken are

13  the best that can be obtained is sufficient to meet this

14  requirement.

15         (b)  An inquiry to determine if the applicant has been

16  adjudicated incompetent under chapter 744 or has been

17  committed to a mental institution under chapter 394.

18         (c)  Such other investigation of the individual as the

19  department may deem necessary.

20         (2)  In addition to subsection (1), the department

21  shall make an investigation of the general physical fitness of

22  the Class "G" applicant to bear a weapon or firearm.

23  Determination of physical fitness shall be certified by a

24  physician currently licensed pursuant to chapter 458, chapter

25  459, or any similar law of another state or authorized to act

26  as a licensed physician by a federal agency or department.

27  Such certification shall be submitted on a form provided by

28  the department.

29         (3)  The department shall also investigate the mental

30  history and current mental and emotional fitness of any Class

31  

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  1  "G" applicant, and may deny a Class "G" license to anyone who

  2  has a history of mental illness or drug or alcohol abuse.

  3         Section 7.  Subsection (2) of section 493.6109, Florida

  4  Statutes, is amended to read:

  5         493.6109  Reciprocity.--

  6         (2)  The rules authorized in subsection (1) may be

  7  promulgated only if:

  8         (a)  The other state or territory has requirements

  9  which are substantially similar to or greater than those

10  established in this chapter.

11         (b)  The applicant has engaged in licensed activities

12  for at least 1 year in the other state or territory with no

13  disciplinary action against him or her.

14         (c)  The Commissioner of Agriculture Secretary of State

15  or other appropriate authority of the other state or territory

16  agrees to accept service of process for those licensees who

17  are operating in this state on a temporary basis.

18         Section 8.  Section 493.6112, Florida Statutes, is

19  amended to read:

20         493.6112  Notification to Department of Agriculture and

21  Consumer Services State of changes of partner or officer or

22  employees.--

23         (1)  After filing the application, unless the

24  department declines to issue the license or revokes it after

25  issuance, an agency or school shall, within 5 working days of

26  the withdrawal, removal, replacement, or addition of any or

27  all partners or officers, notify and file with the department

28  complete applications for such individuals.  The agency's or

29  school's good standing under this chapter shall be contingent

30  upon the department's approval of any new partner or officer.

31  

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  1         (2)  Each agency or school shall, upon the employment

  2  or termination of employment of a licensee, report such

  3  employment or termination immediately to the department and,

  4  in the case of a termination, report the reason or reasons

  5  therefor.  The report shall be on a form prescribed by the

  6  department.

  7         Section 9.  Subsection (7) of section 493.6121, Florida

  8  Statutes, is amended to read:

  9         493.6121  Enforcement; investigation.--

10         (7)  The Department of Legal Affairs shall represent

11  the Department of Agriculture and Consumer Services State in

12  judicial proceedings seeking enforcement of this chapter, or

13  upon an action by any party seeking redress against the

14  department, and shall coordinate with the department in the

15  conduct of any investigations incident to its legal

16  responsibility.

17         Section 10.  Section 790.06, Florida Statutes, is

18  amended to read:

19         790.06  License to carry concealed weapon or firearm.--

20         (1)  The Department of Agriculture and Consumer

21  Services State is authorized to issue licenses to carry

22  concealed weapons or concealed firearms to persons qualified

23  as provided in this section. Each such license must bear a

24  color photograph of the licensee. For the purposes of this

25  section, concealed weapons or concealed firearms are defined

26  as a handgun, electronic weapon or device, tear gas gun,

27  knife, or billie, but the term does not include a machine gun

28  as defined in s. 790.001(9). Such licenses shall be valid

29  throughout the state for a period of 5 years from the date of

30  issuance. Any person in compliance with the terms of such

31  license may carry a concealed weapon or concealed firearm

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  1  notwithstanding the provisions of s. 790.01. The licensee must

  2  carry the license, together with valid identification, at all

  3  times in which the licensee is in actual possession of a

  4  concealed weapon or firearm and must display both the license

  5  and proper identification upon demand by a law enforcement

  6  officer. Violations of the provisions of this subsection shall

  7  constitute a noncriminal violation with a penalty of $25,

  8  payable to the clerk of the court.

  9         (2)  The Department of Agriculture and Consumer

10  Services State shall issue a license if the applicant:

11         (a)  Is a resident of the United States or is a

12  consular security official of a foreign government that

13  maintains diplomatic relations and treaties of commerce,

14  friendship, and navigation with the United States and is

15  certified as such by the foreign government and by the

16  appropriate embassy in this country;

17         (b)  Is 21 years of age or older;

18         (c)  Does not suffer from a physical infirmity which

19  prevents the safe handling of a weapon or firearm;

20         (d)  Is not ineligible to possess a firearm pursuant to

21  s. 790.23 by virtue of having been convicted of a felony;

22         (e)  Has not been committed for the abuse of a

23  controlled substance or been found guilty of a crime under the

24  provisions of chapter 893 or similar laws of any other state

25  relating to controlled substances within a 3-year period

26  immediately preceding the date on which the application is

27  submitted;

28         (f)  Does not chronically and habitually use alcoholic

29  beverages or other substances to the extent that his or her

30  normal faculties are impaired. It shall be presumed that an

31  applicant chronically and habitually uses alcoholic beverages

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  1  or other substances to the extent that his or her normal

  2  faculties are impaired if the applicant has been committed

  3  under chapter 397 or under the provisions of former chapter

  4  396 or has been convicted under s. 790.151 or has been deemed

  5  a habitual offender under s. 856.011(3), or has had two or

  6  more convictions under s. 316.193 or similar laws of any other

  7  state, within the 3-year period immediately preceding the date

  8  on which the application is submitted;

  9         (g)  Desires a legal means to carry a concealed weapon

10  or firearm for lawful self-defense;

11         (h)  Demonstrates competence with a firearm by any one

12  of the following:

13         1.  Completion of any hunter education or hunter safety

14  course approved by the Fish and Wildlife Conservation

15  Commission or a similar agency of another state;

16         2.  Completion of any National Rifle Association

17  firearms safety or training course;

18         3.  Completion of any firearms safety or training

19  course or class available to the general public offered by a

20  law enforcement, junior college, college, or private or public

21  institution or organization or firearms training school,

22  utilizing instructors certified by the National Rifle

23  Association, Criminal Justice Standards and Training

24  Commission, or the Department of State;

25         4.  Completion of any law enforcement firearms safety

26  or training course or class offered for security guards,

27  investigators, special deputies, or any division or

28  subdivision of law enforcement or security enforcement;

29         5.  Presents evidence of equivalent experience with a

30  firearm through participation in organized shooting

31  competition or military service;

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  1         6.  Is licensed or has been licensed to carry a firearm

  2  in this state or a county or municipality of this state,

  3  unless such license has been revoked for cause; or

  4         7.  Completion of any firearms training or safety

  5  course or class conducted by a state-certified or National

  6  Rifle Association certified firearms instructor;

  7  

  8  A photocopy of a certificate of completion of any of the

  9  courses or classes; or an affidavit from the instructor,

10  school, club, organization, or group that conducted or taught

11  said course or class attesting to the completion of the course

12  or class by the applicant; or a copy of any document which

13  shows completion of the course or class or evidences

14  participation in firearms competition shall constitute

15  evidence of qualification under this paragraph; any person who

16  conducts a course pursuant to subparagraph 2., subparagraph

17  3., or subparagraph 7., or who, as an instructor, attests to

18  the completion of such courses, must maintain records

19  certifying that he or she observed the student safely handle

20  and discharge the firearm;

21         (i)  Has not been adjudicated an incapacitated person

22  under s. 744.331, or similar laws of any other state, unless 5

23  years have elapsed since the applicant's restoration to

24  capacity by court order;

25         (j)  Has not been committed to a mental institution

26  under chapter 394, or similar laws of any other state, unless

27  the applicant produces a certificate from a licensed

28  psychiatrist that he or she has not suffered from disability

29  for at least 5 years prior to the date of submission of the

30  application;

31  

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  1         (k)  Has not had adjudication of guilt withheld or

  2  imposition of sentence suspended on any felony or misdemeanor

  3  crime of domestic violence unless 3 years have elapsed since

  4  probation or any other conditions set by the court have been

  5  fulfilled, or the record has been sealed or expunged;

  6         (l)  Has not been issued an injunction that is

  7  currently in force and effect and that restrains the applicant

  8  from committing acts of domestic violence or acts of repeat

  9  violence; and

10         (m)  Is not prohibited from purchasing or possessing a

11  firearm by any other provision of Florida or federal law.

12         (3)  The Department of Agriculture and Consumer

13  Services State shall deny a license if the applicant has been

14  found guilty of, had adjudication of guilt withheld for, or

15  had imposition of sentence suspended for one or more crimes of

16  violence constituting a misdemeanor, unless 3 years have

17  elapsed since probation or any other conditions set by the

18  court have been fulfilled or the record has been sealed or

19  expunged. The Department of Agriculture and Consumer Services

20  State shall revoke a license if the licensee has been found

21  guilty of, had adjudication of guilt withheld for, or had

22  imposition of sentence suspended for one or more crimes of

23  violence within the preceding 3 years.  The department shall,

24  upon notification by a law enforcement agency, a court, or the

25  Florida Department of Law Enforcement and subsequent written

26  verification, suspend a license or the processing of an

27  application for a license if the licensee or applicant is

28  arrested or formally charged with a crime that would

29  disqualify such person from having a license under this

30  section, until final disposition of the case. The department

31  shall suspend a license or the processing of an application

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  1  for a license if the licensee or applicant is issued an

  2  injunction that restrains the licensee or applicant from

  3  committing acts of domestic violence or acts of repeat

  4  violence.

  5         (4)  The application shall be completed, under oath, on

  6  a form promulgated by the Department of Agriculture and

  7  Consumer Services State and shall include:

  8         (a)  The name, address, place and date of birth, race,

  9  and occupation of the applicant;

10         (b)  A statement that the applicant is in compliance

11  with criteria contained within subsections (2) and (3);

12         (c)  A statement that the applicant has been furnished

13  a copy of this chapter and is knowledgeable of its provisions;

14         (d)  A conspicuous warning that the application is

15  executed under oath and that a false answer to any question,

16  or the submission of any false document by the applicant,

17  subjects the applicant to criminal prosecution under s.

18  837.06; and

19         (e)  A statement that the applicant desires a concealed

20  weapon or firearms license as a means of lawful self-defense.

21         (5)  The applicant shall submit to the Department of

22  Agriculture and Consumer Services State:

23         (a)  A completed application as described in subsection

24  (4).

25         (b)  A nonrefundable license fee not to exceed $85, if

26  he or she has not previously been issued a statewide license,

27  or a nonrefundable license fee not to exceed $70 for renewal

28  of a statewide license. Costs for processing the set of

29  fingerprints as required in paragraph (c) shall be borne by

30  the applicant. However, an individual holding an active

31  certification from the Criminal Justice Standards and Training

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  1  Commission as a "law enforcement officer," "correctional

  2  officer," or "correctional probation officer" as defined in s.

  3  943.10(1), (2), (3), (6), (7), (8), or (9) is exempt from the

  4  licensing requirements of this section.  If any individual

  5  holding an active certification from the Criminal Justice

  6  Standards and Training Commission as a "law enforcement

  7  officer," a "correctional officer," or a "correctional

  8  probation officer" as defined in s.  943.10(1), (2), (3), (6),

  9  (7), (8), or (9) wishes to receive a concealed weapons or

10  firearms license, such person is exempt from the background

11  investigation and all background investigation fees, but shall

12  pay the current license fees regularly required to be paid by

13  nonexempt applicants. Further, a law enforcement officer, a

14  correctional officer, or a correctional probation officer as

15  defined in s. 943.10(1), (2), or (3) is exempt from the

16  required fees and background investigation for a period of 1

17  year subsequent to the date of retirement of said officer as a

18  law enforcement officer, a correctional officer, or a

19  correctional probation officer.

20         (c)  A full set of fingerprints of the applicant

21  administered by a law enforcement agency.

22         (d)  A photocopy of a certificate or an affidavit or

23  document as described in paragraph (2)(h).

24         (e)  A full frontal view color photograph of the

25  applicant taken within the preceding 30 days, in which the

26  head, including hair, measures  7/8  of an inch wide and 1 1/8

27   inches high.

28         (6)(a)  The Department of Agriculture and Consumer

29  Services State, upon receipt of the items listed in subsection

30  (5), shall forward the full set of fingerprints of the

31  applicant to the Department of Law Enforcement for state and

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  1  federal processing, provided the federal service is available,

  2  to be processed for any criminal justice information as

  3  defined in s. 943.045. The cost of processing such

  4  fingerprints shall be payable to the Department of Law

  5  Enforcement by the Department of Agriculture and Consumer

  6  Services State.

  7         (b)  The sheriff's office shall provide fingerprinting

  8  service if requested by the applicant and may charge a fee not

  9  to exceed $5 for this service.

10         (c)  The Department of Agriculture and Consumer

11  Services State shall, within 90 days after the date of receipt

12  of the items listed in subsection (5):

13         1.  Issue the license; or

14         2.  Deny the application based solely on the ground

15  that the applicant fails to qualify under the criteria listed

16  in subsection (2) or subsection (3).  If the Department of

17  Agriculture and Consumer Services State denies the

18  application, it shall notify the applicant in writing, stating

19  the ground for denial and informing the applicant of any right

20  to a hearing pursuant to chapter 120.

21         3.  In the event the department receives criminal

22  history information with no final disposition on a crime which

23  may disqualify the applicant, the time limitation prescribed

24  by this paragraph may be suspended until receipt of the final

25  disposition or proof of restoration of civil and firearm

26  rights.

27         (d)  In the event a legible set of fingerprints, as

28  determined by the Department of Agriculture and Consumer

29  Services State or the Federal Bureau of Investigation, cannot

30  be obtained after two attempts, the Department of Agriculture

31  and Consumer Services State shall determine eligibility based

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  1  upon the name checks conducted by the Florida Department of

  2  Law Enforcement.

  3         (e)  A consular security official of a foreign

  4  government that maintains diplomatic relations and treaties of

  5  commerce, friendship, and navigation with the United States

  6  and is certified as such by the foreign government and by the

  7  appropriate embassy in this country must be issued a license

  8  within 20 days after the date of the receipt of a completed

  9  application, certification document, color photograph as

10  specified in paragraph (5)(e), and a nonrefundable license fee

11  of $300. Consular security official licenses shall be valid

12  for 1 year and may be renewed upon completion of the

13  application process as provided in this section.

14         (7)  The Department of Agriculture and Consumer

15  Services State shall maintain an automated listing of

16  licenseholders and pertinent information, and such information

17  shall be available on-line, upon request, at all times to all

18  law enforcement agencies through the Florida Crime Information

19  Center.

20         (8)  Within 30 days after the changing of a permanent

21  address, or within 30 days after having a license lost or

22  destroyed, the licensee shall notify the Department of

23  Agriculture and Consumer Services State of such change.

24  Failure to notify the Department of Agriculture and Consumer

25  Services State pursuant to the provisions of this subsection

26  shall constitute a noncriminal violation with a penalty of

27  $25.

28         (9)  In the event that a concealed weapon or firearm

29  license is lost or destroyed, the license shall be

30  automatically invalid, and the person to whom the same was

31  issued may, upon payment of $15 to the Department of

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  1  Agriculture and Consumer Services State, obtain a duplicate,

  2  or substitute thereof, upon furnishing a notarized statement

  3  to the Department of Agriculture and Consumer Services State

  4  that such license has been lost or destroyed.

  5         (10)  A license issued under this section shall be

  6  suspended or revoked pursuant to chapter 120 if the licensee:

  7         (a)  Is found to be ineligible under the criteria set

  8  forth in subsection (2);

  9         (b)  Develops or sustains a physical infirmity which

10  prevents the safe handling of a weapon or firearm;

11         (c)  Is convicted of a felony which would make the

12  licensee ineligible to possess a firearm pursuant to s.

13  790.23;

14         (d)  Is found guilty of a crime under the provisions of

15  chapter 893, or similar laws of any other state, relating to

16  controlled substances;

17         (e)  Is committed as a substance abuser under chapter

18  397, or is deemed a habitual offender under s. 856.011(3), or

19  similar laws of any other state;

20         (f)  Is convicted of a second violation of s. 316.193,

21  or a similar law of another state, within 3 years of a

22  previous conviction of such section, or similar law of another

23  state, even though the first violation may have occurred prior

24  to the date on which the application was submitted;

25         (g)  Is adjudicated an incapacitated person under s.

26  744.331, or similar laws of any other state; or

27         (h)  Is committed to a mental institution under chapter

28  394, or similar laws of any other state.

29         (11)  No less than 90 days prior to the expiration date

30  of the license, the Department of Agriculture and Consumer

31  Services State shall mail to each licensee a written notice of

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  1  the expiration and a renewal form prescribed by the Department

  2  of Agriculture and Consumer Services State. The licensee must

  3  renew his or her license on or before the expiration date by

  4  filing with the Department of Agriculture and Consumer

  5  Services State the renewal form containing a notarized

  6  affidavit stating that the licensee remains qualified pursuant

  7  to the criteria specified in subsections (2) and (3), a color

  8  photograph as specified in paragraph (5)(e), and the required

  9  renewal fee. Out-of-state residents must also submit a

10  completed fingerprint card and fingerprint processing fee.

11  The license shall be renewed upon receipt of the completed

12  renewal form, color photograph, appropriate payment of fees,

13  and, if applicable, a completed fingerprint card.

14  Additionally, a licensee who fails to file a renewal

15  application on or before its expiration date must renew his or

16  her license by paying a late fee of $15.  No license shall be

17  renewed 6 months or more after its expiration date, and such

18  license shall be deemed to be permanently expired. A person

19  whose license has been permanently expired may reapply for

20  licensure; however, an application for licensure and fees

21  pursuant to subsection (5) must be submitted, and a background

22  investigation shall be conducted pursuant to the provisions of

23  this section. Persons who knowingly file false information

24  pursuant to this subsection shall be subject to criminal

25  prosecution under s. 837.06.

26         (12)  No license issued pursuant to this section shall

27  authorize any person to carry a concealed weapon or firearm

28  into any place of nuisance as defined in s. 823.05; any

29  police, sheriff, or highway patrol station; any detention

30  facility, prison, or jail; any courthouse; any courtroom,

31  except that nothing in this section would preclude a judge

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    Florida Senate - 2002                           CS for SB 1724
    302-2324-02




  1  from carrying a concealed weapon or determining who will carry

  2  a concealed weapon in his or her courtroom; any polling place;

  3  any meeting of the governing body of a county, public school

  4  district, municipality, or special district; any meeting of

  5  the Legislature or a committee thereof; any school, college,

  6  or professional athletic event not related to firearms; any

  7  school administration building; any portion of an

  8  establishment licensed to dispense alcoholic beverages for

  9  consumption on the premises, which portion of the

10  establishment is primarily devoted to such purpose; any

11  elementary or secondary school facility; any area technical

12  center; any college or university facility unless the licensee

13  is a registered student, employee, or faculty member of such

14  college or university and the weapon is a stun gun or

15  nonlethal electric weapon or device designed solely for

16  defensive purposes and the weapon does not fire a dart or

17  projectile; inside the passenger terminal and sterile area of

18  any airport, provided that no person shall be prohibited from

19  carrying any legal firearm into the terminal, which firearm is

20  encased for shipment for purposes of checking such firearm as

21  baggage to be lawfully transported on any aircraft; or any

22  place where the carrying of firearms is prohibited by federal

23  law.  Any person who willfully violates any provision of this

24  subsection commits a misdemeanor of the second degree,

25  punishable as provided in s. 775.082 or s. 775.083.

26         (13)  All moneys collected by the department pursuant

27  to this section shall be deposited in the Division of

28  Licensing Trust Fund, and the Legislature shall appropriate

29  from the fund those amounts deemed necessary to administer the

30  provisions of this section.  All revenues collected, less

31  those costs determined by the Department of Agriculture and

                                  17

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    Florida Senate - 2002                           CS for SB 1724
    302-2324-02




  1  Consumer Services State to be nonrecurring or one-time costs,

  2  shall be deferred over the 3-year licensure period.

  3  Notwithstanding the provisions of s. 493.6117, all moneys

  4  collected pursuant to this section shall not revert to the

  5  General Revenue Fund; however, this shall not abrogate the

  6  requirement for payment of the service charge imposed pursuant

  7  to chapter 215.

  8         (14)  All funds received by the sheriff pursuant to the

  9  provisions of this section shall be deposited into the general

10  revenue fund of the county and shall be budgeted to the

11  sheriff.

12         (15)  The Legislature finds as a matter of public

13  policy and fact that it is necessary to provide statewide

14  uniform standards for issuing licenses to carry concealed

15  weapons and firearms for self-defense and finds it necessary

16  to occupy the field of regulation of the bearing of concealed

17  weapons or firearms for self-defense to ensure that no honest,

18  law-abiding person who qualifies under the provisions of this

19  section is subjectively or arbitrarily denied his or her

20  rights.  The Department of Agriculture and Consumer Services

21  State shall implement and administer the provisions of this

22  section.  The Legislature does not delegate to the Department

23  of Agriculture and Consumer Services State the authority to

24  regulate or restrict the issuing of licenses provided for in

25  this section, beyond those provisions contained in this

26  section.  Subjective or arbitrary actions or rules which

27  encumber the issuing process by placing burdens on the

28  applicant beyond those sworn statements and specified

29  documents detailed in this section or which create

30  restrictions beyond those specified in this section are in

31  conflict with the intent of this section and are prohibited.

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    Florida Senate - 2002                           CS for SB 1724
    302-2324-02




  1  This section shall be liberally construed to carry out the

  2  constitutional right to bear arms for self-defense. This

  3  section is supplemental and additional to existing rights to

  4  bear arms, and nothing in this section shall impair or

  5  diminish such rights.

  6         (16)  The Department of Agriculture and Consumer

  7  Services State shall maintain statistical information on the

  8  number of licenses issued, revoked, suspended, and denied.

  9         (17)  As amended by chapter 87-24, Laws of Florida,

10  this section shall be known and may be cited as the "Jack

11  Hagler Self Defense Act."

12         Section 11.  This act shall take effect January 3,

13  2003.

14  

15          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
16                         Senate Bill 1724

17                                 

18  Transfers Division of Licensing of the Department of State to
    the Department of Agriculture and Consumer Services by a type
19  two transfer.

20  Limits ability of Commissioner of Agriculture to modify
    division structure once transferred.
21  
    Makes corresponding reference changes.
22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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