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A bill to be entitled

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An act relating to concealed weapons licenses; amending s.

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790.06, F.S.; requiring that a license be revoked or

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suspended under certain circumstances; clarifying the

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meaning of "final disposition of the case" for purposes of

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suspending a license; requiring that a license be

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suspended until the licensee's completion of any community

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supervision imposed by a court for any disqualifying

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crime; requiring that, under certain circumstances, a

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license be suspended or revoked, notwithstanding any

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provision to the contrary in ch. 120, F.S.; providing that

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a licensee may request an administrative hearing;

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requiring that the hearing be held in accordance with the

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provisions of ch. 120, F.S., and s. 120.57, F.S.; amending

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s. 790.115, F.S., relating to possessing or discharging a

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weapon on school property; conforming a cross-reference;

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amending s. 903.047, F.S.; requiring that a defendant

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surrender a license to the clerk of the court as a

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condition of pretrial release at the request of the

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prosecuting authority if the defendant is arrested for any

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crime that would require the Department of Agriculture and

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Consumer Services to deny, suspend, or revoke the license;

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requiring the Comprehensive Case Information System to

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develop a report of licensees who have surrendered their

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licenses and submit the report monthly to the department;

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providing an effective date.

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

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     Section 1.  Section 790.06, Florida Statutes, is amended to

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read:

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     790.06  License to carry concealed weapon or firearm.--

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     (1)  The Department of Agriculture and Consumer Services is

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authorized to issue licenses to carry concealed weapons or

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concealed firearms to persons qualified as provided in this

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section. Each such license must bear a color photograph of the

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licensee. For the purposes of this section, concealed weapons or

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concealed firearms are defined as a handgun, electronic weapon or

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device, tear gas gun, knife, or billie, but the term does not

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include a machine gun as defined in s. 790.001(9). Such licenses

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shall be valid throughout the state for a period of 5 years from

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the date of issuance. Any person in compliance with the terms of

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such license may carry a concealed weapon or concealed firearm

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notwithstanding the provisions of s. 790.01. The licensee must

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carry the license, together with valid identification, at all

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times in which the licensee is in actual possession of a

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concealed weapon or firearm and must display both the license and

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proper identification upon demand by a law enforcement officer.

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Violations of the provisions of this subsection shall constitute

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a noncriminal violation with a penalty of $25, payable to the

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clerk of the court.

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     (2)  The Department of Agriculture and Consumer Services

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shall issue a license if the applicant:

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

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security official of a foreign government that maintains

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diplomatic relations and treaties of commerce, friendship, and

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navigation with the United States and is certified as such by the

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foreign government and by the appropriate embassy in this

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country;

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     (b)  Is 21 years of age or older;

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     (c)  Does not suffer from a physical infirmity which

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prevents the safe handling of a weapon or firearm;

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     (d)  Is not ineligible to possess a firearm pursuant to s.

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790.23 by virtue of having been convicted of a felony;

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

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substance or been found guilty of a crime under the provisions of

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chapter 893 or similar laws of any other state relating to

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controlled substances within a 3-year period immediately

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preceding the date on which the application is submitted;

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     (f)  Does not chronically and habitually use alcoholic

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beverages or other substances to the extent that his or her

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normal faculties are impaired. It shall be presumed that an

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applicant chronically and habitually uses alcoholic beverages or

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other substances to the extent that his or her normal faculties

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are impaired if the applicant has been committed under chapter

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397 or under the provisions of former chapter 396 or has been

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convicted under s. 790.151 or has been deemed a habitual offender

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under s. 856.011(3), or has had two or more convictions under s.

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316.193 or similar laws of any other state, within the 3-year

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period immediately preceding the date on which the application is

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submitted;

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

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firearm for lawful self-defense;

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

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the following:

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     1.  Completion of any hunter education or hunter safety

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course approved by the Fish and Wildlife Conservation Commission

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or a similar agency of another state;

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     2.  Completion of any National Rifle Association firearms

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safety or training course;

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     3.  Completion of any firearms safety or training course or

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class available to the general public offered by a law

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enforcement, junior college, college, or private or public

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institution or organization or firearms training school,

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utilizing instructors certified by the National Rifle

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Association, Criminal Justice Standards and Training Commission,

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or the Department of Agriculture and Consumer Services;

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     4.  Completion of any law enforcement firearms safety or

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training course or class offered for security guards,

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investigators, special deputies, or any division or subdivision

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of law enforcement or security enforcement;

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     5.  Presents evidence of equivalent experience with a

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firearm through participation in organized shooting competition

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or military service;

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

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this state or a county or municipality of this state, unless such

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license has been revoked for cause; or

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     7.  Completion of any firearms training or safety course or

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class conducted by a state-certified or National Rifle

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Association certified firearms instructor;

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

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or classes; or an affidavit from the instructor, school, club,

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organization, or group that conducted or taught said course or

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class attesting to the completion of the course or class by the

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applicant; or a copy of any document which shows completion of

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the course or class or evidences participation in firearms

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competition shall constitute evidence of qualification under this

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paragraph; any person who conducts a course pursuant to

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subparagraph 2., subparagraph 3., or subparagraph 7., or who, as

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an instructor, attests to the completion of such courses, must

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maintain records certifying that he or she observed the student

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safely handle and discharge the firearm;

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     (i)  Has not been adjudicated an incapacitated person under

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

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have elapsed since the applicant's restoration to capacity by

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court order;

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

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chapter 394, or similar laws of any other state, unless the

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applicant produces a certificate from a licensed psychiatrist

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that he or she has not suffered from disability for at least 5

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years prior to the date of submission of the application;

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     (k)  Has not had adjudication of guilt withheld or

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imposition of sentence suspended on any felony or misdemeanor

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crime of domestic violence unless 3 years have elapsed since

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probation or any other conditions set by the court have been

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fulfilled, or the record has been sealed or expunged;

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     (l)  Has not been issued an injunction that is currently in

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force and effect and that restrains the applicant from committing

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acts of domestic violence or acts of repeat violence; and

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     (m)  Is not prohibited from purchasing or possessing a

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firearm by any other provision of Florida or federal law.

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     (3)  The Department of Agriculture and Consumer Services

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shall deny a license if the applicant has been found guilty of,

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had adjudication of guilt withheld for, or had imposition of

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sentence suspended for one or more crimes of violence

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constituting a misdemeanor, unless 3 years have elapsed since

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probation or any other conditions set by the court have been

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fulfilled or the record has been sealed or expunged. A license is

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revoked The Department of Agriculture and Consumer Services shall

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revoke a license if the licensee has been found guilty of, had

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adjudication of guilt withheld for, or had imposition of sentence

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suspended for one or more crimes of violence within the preceding

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3 years. A license is suspended and the department shall, upon

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notification by a law enforcement agency, a court, or the Florida

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Department of Law Enforcement and subsequent written

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verification, suspend a license or the processing of an

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application for a license if the licensee or applicant is

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arrested or formally charged with a crime that would disqualify

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such person from having a license under this section, until final

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disposition of the case resulting in the filing of a nolle

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prosequi, no information, or no true bill by the prosecuting

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authority, until an acquittal, or until the case is dismissed by

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a court of competent jurisdiction. A license shall be suspended

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and the department shall suspend a license or the processing of

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an application for a license if the licensee or applicant is

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issued an injunction that restrains the licensee or applicant

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from committing acts of domestic violence or acts of repeat

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violence. A license is suspended until successful completion by

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the licensee of any term of community supervision imposed by a

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court of competent jurisdiction for any crime that would

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disqualify such person from having a license under this section.

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

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form promulgated by the Department of Agriculture and Consumer

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Services and shall include:

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

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occupation of the applicant;

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

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

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

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copy of this chapter and is knowledgeable of its provisions;

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     (d)  A conspicuous warning that the application is executed

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under oath and that a false answer to any question, or the

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submission of any false document by the applicant, subjects the

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applicant to criminal prosecution under s. 837.06; and

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     (e)  A statement that the applicant desires a concealed

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

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     (5)  The applicant shall submit to the Department of

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Agriculture and Consumer Services:

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     (a)  A completed application as described in subsection (4).

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

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

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nonrefundable license fee not to exceed $70 for renewal of a

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statewide license. Costs for processing the set of fingerprints

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as required in paragraph (c) shall be borne by the applicant.

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However, an individual holding an active certification from the

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Criminal Justice Standards and Training Commission as a "law

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enforcement officer," "correctional officer," or "correctional

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

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(7), (8), or (9) is exempt from the licensing requirements of

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this section. If any individual holding an active certification

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from the Criminal Justice Standards and Training Commission as a

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"law enforcement officer," a "correctional officer," or a

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"correctional probation officer" as defined in s. 943.10(1), (2),

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(3), (6), (7), (8), or (9) wishes to receive a concealed weapons

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or firearms license, such person is exempt from the background

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investigation and all background investigation fees, but shall

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pay the current license fees regularly required to be paid by

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nonexempt applicants. Further, a law enforcement officer, a

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correctional officer, or a correctional probation officer as

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

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fees and background investigation for a period of 1 year

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subsequent to the date of retirement of said officer as a law

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enforcement officer, a correctional officer, or a correctional

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probation officer.

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     (c)  A full set of fingerprints of the applicant

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administered by a law enforcement agency.

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

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

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

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taken within the preceding 30 days, in which the head, including

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hair, measures 7/8 of an inch wide and 1 1/8 inches high.

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     (6)(a)  The Department of Agriculture and Consumer Services,

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upon receipt of the items listed in subsection (5), shall forward

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the full set of fingerprints of the applicant to the Department

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of Law Enforcement for state and federal processing, provided the

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federal service is available, to be processed for any criminal

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justice information as defined in s. 943.045. The cost of

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processing such fingerprints shall be payable to the Department

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of Law Enforcement by the Department of Agriculture and Consumer

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Services.

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     (b)  The sheriff's office shall provide fingerprinting

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

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exceed $5 for this service.

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     (c)  The Department of Agriculture and Consumer Services

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shall, within 90 days after the date of receipt of the items

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listed in subsection (5):

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     1.  Issue the license; or

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     2.  Deny the application based solely on the ground that the

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applicant fails to qualify under the criteria listed in

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

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Agriculture and Consumer Services denies the application, it

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shall notify the applicant in writing, stating the ground for

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denial and informing the applicant of any right to a hearing

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pursuant to chapter 120.

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     3.  In the event the department receives criminal history

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information with no final disposition on a crime which may

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disqualify the applicant, the time limitation prescribed by this

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paragraph may be suspended until receipt of the final disposition

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or proof of restoration of civil and firearm rights.

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

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determined by the Department of Agriculture and Consumer Services

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or the Federal Bureau of Investigation, cannot be obtained after

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two attempts, the Department of Agriculture and Consumer Services

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shall determine eligibility based upon the name checks conducted

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by the Florida Department of Law Enforcement.

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     (e)  A consular security official of a foreign government

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that maintains diplomatic relations and treaties of commerce,

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friendship, and navigation with the United States and is

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certified as such by the foreign government and by the

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appropriate embassy in this country must be issued a license

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

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application, certification document, color photograph as

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

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$300. Consular security official licenses shall be valid for 1

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year and may be renewed upon completion of the application

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process as provided in this section.

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     (7)  The Department of Agriculture and Consumer Services

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shall maintain an automated listing of licenseholders and

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pertinent information, and such information shall be available

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online, upon request, at all times to all law enforcement

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agencies through the Florida Crime Information Center.

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

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

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destroyed, the licensee shall notify the Department of

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Agriculture and Consumer Services of such change. Failure to

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notify the Department of Agriculture and Consumer Services

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pursuant to the provisions of this subsection shall constitute a

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noncriminal violation with a penalty of $25.

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

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is lost or destroyed, the license shall be automatically invalid,

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and the person to whom the same was issued may, upon payment of

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$15 to the Department of Agriculture and Consumer Services,

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obtain a duplicate, or substitute thereof, upon furnishing a

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notarized statement to the Department of Agriculture and Consumer

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Services that such license has been lost or destroyed.

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

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suspended pursuant to the preceding subsections or revoked,

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notwithstanding any provision to the contrary in pursuant to

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chapter 120 if the licensee:

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

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in subsection (2);

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     (b)  Develops or sustains a physical infirmity which

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prevents the safe handling of a weapon or firearm;

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

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ineligible to possess a firearm pursuant to s. 790.23;

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

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

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controlled substances;

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     (e)  Is committed as a substance abuser under chapter 397,

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

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laws of any other state;

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

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similar law of another state, within 3 years of a previous

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conviction of such section, or similar law of another state, even

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though the first violation may have occurred prior to the date on

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which the application was submitted;

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     (g)  Is adjudicated an incapacitated person under s.

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744.331, or similar laws of any other state; or

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     (h)  Is committed to a mental institution under chapter 394,

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or similar laws of any other state.

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     (11) A licensee may request an administrative hearing to

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review a suspension or revocation under this section. The hearing

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must be held in accordance with the provisions of chapter 120 and

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s. 120.57.

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     (12)(11)(a) No less than 90 days before the expiration date

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of the license, the Department of Agriculture and Consumer

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Services shall mail to each licensee a written notice of the

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expiration and a renewal form prescribed by the Department of

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Agriculture and Consumer Services. The licensee must renew his or

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her license on or before the expiration date by filing with the

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Department of Agriculture and Consumer Services the renewal form

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containing a notarized affidavit stating that the licensee

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remains qualified pursuant to the criteria specified in

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subsections (2) and (3), a color photograph as specified in

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paragraph (5)(e), and the required renewal fee. Out-of-state

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residents must also submit a completed fingerprint card and

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fingerprint processing fee. The license shall be renewed upon

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receipt of the completed renewal form, color photograph,

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appropriate payment of fees, and, if applicable, a completed

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fingerprint card. Additionally, a licensee who fails to file a

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renewal application on or before its expiration date must renew

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his or her license by paying a late fee of $15. A license may not

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be renewed 180 days or more after its expiration date, and such a

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license is deemed to be permanently expired. A person whose

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license has been permanently expired may reapply for licensure;

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however, an application for licensure and fees under subsection

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(5) must be submitted, and a background investigation shall be

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conducted pursuant to this section. A person who knowingly files

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false information under this subsection is subject to criminal

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prosecution under s. 837.06.

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     (b)  A license issued to a servicemember, as defined in s.

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250.01, is subject to paragraph (a); however, such a license does

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not expire while the servicemember is serving on military orders

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that have taken him or her over 35 miles from his or her

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residence and shall be extended, as provided in this paragraph,

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for up to 180 days after his or her return to such residence. If

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the license renewal requirements in paragraph (a) are met within

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the 180-day extension period, the servicemember may not be

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charged any additional costs, such as, but not limited to, late

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fees or delinquency fees, above the normal license fees. The

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servicemember must present to the Department of Agriculture and

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Consumer Services a copy of his or her official military orders

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or a written verification from the member's commanding officer

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before the end of the 180-day period in order to qualify for the

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extension.

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

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authorize any person to carry a concealed weapon or firearm into

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any place of nuisance as defined in s. 823.05; any police,

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sheriff, or highway patrol station; any detention facility,

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prison, or jail; any courthouse; any courtroom, except that

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nothing in this section would preclude a judge from carrying a

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concealed weapon or determining who will carry a concealed weapon

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in his or her courtroom; any polling place; any meeting of the

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governing body of a county, public school district, municipality,

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or special district; any meeting of the Legislature or a

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committee thereof; any school, college, or professional athletic

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event not related to firearms; any school administration

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building; any portion of an establishment licensed to dispense

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alcoholic beverages for consumption on the premises, which

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portion of the establishment is primarily devoted to such

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purpose; any elementary or secondary school facility; any career

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center; any college or university facility unless the licensee is

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a registered student, employee, or faculty member of such college

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or university and the weapon is a stun gun or nonlethal electric

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weapon or device designed solely for defensive purposes and the

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weapon does not fire a dart or projectile; inside the passenger

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terminal and sterile area of any airport, provided that no person

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shall be prohibited from carrying any legal firearm into the

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terminal, which firearm is encased for shipment for purposes of

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checking such firearm as baggage to be lawfully transported on

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any aircraft; or any place where the carrying of firearms is

383

prohibited by federal law. Any person who willfully violates any

384

provision of this subsection commits a misdemeanor of the second

385

degree, punishable as provided in s. 775.082 or s. 775.083.

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     (14)(13) All moneys collected by the department pursuant to

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this section shall be deposited in the Division of Licensing

388

Trust Fund, and the Legislature shall appropriate from the fund

389

those amounts deemed necessary to administer the provisions of

390

this section. All revenues collected, less those costs determined

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by the Department of Agriculture and Consumer Services to be

392

nonrecurring or one-time costs, shall be deferred over the 3-year

393

licensure period. Notwithstanding the provisions of s. 493.6117,

394

all moneys collected pursuant to this section shall not revert to

395

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

396

requirement for payment of the service charge imposed pursuant to

397

chapter 215.

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

399

provisions of this section shall be deposited into the general

400

revenue fund of the county and shall be budgeted to the sheriff.

401

     (16)(15) The Legislature finds as a matter of public policy

402

and fact that it is necessary to provide statewide uniform

403

standards for issuing licenses to carry concealed weapons and

404

firearms for self-defense and finds it necessary to occupy the

405

field of regulation of the bearing of concealed weapons or

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firearms for self-defense to ensure that no honest, law-abiding

407

person who qualifies under the provisions of this section is

408

subjectively or arbitrarily denied his or her rights. The

409

Department of Agriculture and Consumer Services shall implement

410

and administer the provisions of this section. The Legislature

411

does not delegate to the Department of Agriculture and Consumer

412

Services the authority to regulate or restrict the issuing of

413

licenses provided for in this section, beyond those provisions

414

contained in this section. Subjective or arbitrary actions or

415

rules which encumber the issuing process by placing burdens on

416

the applicant beyond those sworn statements and specified

417

documents detailed in this section or which create restrictions

418

beyond those specified in this section are in conflict with the

419

intent of this section and are prohibited. This section shall be

420

liberally construed to carry out the constitutional right to bear

421

arms for self-defense. This section is supplemental and

422

additional to existing rights to bear arms, and nothing in this

423

section shall impair or diminish such rights.

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     (17)(16) The Department of Agriculture and Consumer

425

Services shall maintain statistical information on the number of

426

licenses issued, revoked, suspended, and denied.

427

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

428

section shall be known and may be cited as the "Jack Hagler Self

429

Defense Act."

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     Section 2.  Paragraph (e) of subsection (2) of section

431

790.115, Florida Statutes, is amended to read:

432

     790.115  Possessing or discharging weapons or firearms at a

433

school-sponsored event or on school property prohibited;

434

penalties; exceptions.--

435

     (2)

436

     (e)  The penalties of this subsection shall not apply to

437

persons licensed under s. 790.06. Persons licensed under s.

438

790.06 shall be punished as provided in s. 790.06(13) s.

439

790.06(12), except that a licenseholder who unlawfully discharges

440

a weapon or firearm on school property as prohibited by this

441

subsection commits a felony of the second degree, punishable as

442

provided in s. 775.082, s. 775.083, or s. 775.084.

443

     Section 3.  Subsection (1) of section 903.047, Florida

444

Statutes, is amended to read:

445

903.047  Conditions of pretrial release.--

446

     (1)  As a condition of pretrial release, whether such

447

release is by surety bail bond or recognizance bond or in some

448

other form, the defendant shall:

449

     (a)  Refrain from criminal activity of any kind.

450

     (b)  Refrain from any contact of any type with the victim,

451

except through pretrial discovery pursuant to the Florida Rules

452

of Criminal Procedure.

453

     (c) At the request of the prosecuting authority, surrender

454

to the clerk of the court a license to carry a concealed weapon

455

if the defendant is arrested for any crime that would require the

456

Department of Agriculture and Consumer Services to deny that

457

license under s. 790.06(3) or suspend or revoke that license

458

under s. 790.06(10) and pursuant to chapter 120. The clerk shall,

459

upon receipt, destroy the surrendered license. The Comprehensive

460

Case Information System, as provided in s. 28.24(12)(e)1., shall

461

develop a report of licensees who have surrendered their licenses

462

under this section. This report shall be submitted to the

463

department at least monthly.

464

     (d)(c) Comply with all conditions of pretrial release.

465

     Section 4.  This act shall take effect upon becoming a law.