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An act relating to concealed weapons licenses; amending s.

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790.06, F.S.; extending the period that a license is

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valid; specifying that the United States residency

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required to obtain a license to carry a concealed weapon

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or firearm means that the licensee must be a United States

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citizen or a permanent resident alien of the United

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States; providing legislative intent; providing

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applicability; 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.  Subsections (1), (2), and (13) of section

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790.06, Florida Statutes, are amended to 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 7 5 years

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

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terms of such license may carry a concealed weapon or concealed

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firearm notwithstanding the provisions of s. 790.01. The licensee

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must carry the license, together with valid identification, at

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all 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 and a citizen of the

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United States or a permanent resident alien of the United States,

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as determined by the United States Bureau of Citizenship and

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Immigration Services, or is a consular security official of a

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foreign government that maintains diplomatic relations and

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treaties of commerce, friendship, and navigation with the United

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

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the appropriate embassy in this 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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     (13)  All moneys collected by the department pursuant to

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this section shall be deposited in the Division of Licensing

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Trust Fund, and the Legislature shall appropriate from the fund

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those amounts deemed necessary to administer the provisions of

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this section. All revenues collected, less those costs determined

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by the Department of Agriculture and Consumer Services to be

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nonrecurring or one-time costs, shall be deferred over the 7-year

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3-year licensure period. Notwithstanding the provisions of s.

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493.6117, all moneys collected pursuant to this section shall not

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revert to the General Revenue Fund; however, this shall not

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abrogate the requirement for payment of the service charge

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imposed pursuant to chapter 215.

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     Section 2. This act is remedial in nature and applies to

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all applications for a license pending on the date this act

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becomes a law as well as to all licenses renewed after the

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effective date of this act.

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     Section 3.  This act shall take effect upon becoming a law.