Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 234
                                Barcode 245176                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/14/2011           .                                

       The Committee on Criminal Justice (Evers) recommended the
    1         Senate Substitute for Amendment (180224) (with title
    2  amendment)
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Subsection (1) of section 790.053, Florida
    7  Statutes, is amended to read:
    8         790.053 Open carrying of weapons.—
    9         (1) Except as otherwise provided by law and in subsection
   10  (2), it is unlawful for any person to openly carry on or about
   11  his or her person any firearm or electric weapon or device,
   12  except as provided in s. 790.06(1). It shall not be a violation
   13  of this section for a person who is licensed to carry a
   14  concealed firearm, and who is lawfully carrying it in a
   15  concealed manner, to accidentally or inadvertently display the
   16  firearm to the ordinary sight of another person so long as the
   17  firearm is not displayed in a rude, angry, or threatening
   18  manner.
   19         Section 2. Subsection (1), paragraph (h) of subsection (2),
   20  paragraph (c) of subsection (5), and subsection (12) of section
   21  790.06, Florida Statutes, are amended to read:
   22         790.06 License to carry concealed weapon or firearm.—
   23         (1) The Department of Agriculture and Consumer Services is
   24  authorized to issue licenses to carry concealed weapons or
   25  concealed firearms to persons qualified as provided in this
   26  section. Each such license must bear a color photograph of the
   27  licensee. For the purposes of this section, concealed weapons or
   28  concealed firearms are defined as a handgun, electronic weapon
   29  or device, tear gas gun, knife, or billie, but the term does not
   30  include a machine gun as defined in s. 790.001(9). Such licenses
   31  shall be valid throughout the state for a period of 7 years from
   32  the date of issuance. Any person in compliance with the terms of
   33  such license may carry a concealed weapon or concealed firearm
   34  notwithstanding the provisions of s. 790.01, or may carry openly
   35  as set forth in paragraphs (a) - (c) of this subsection,
   36  notwithstanding s. 790.053. The licensee must carry the license,
   37  together with valid identification, at all times in which the
   38  licensee is in actual possession of a concealed weapon or
   39  firearm and must display both the license and proper
   40  identification upon demand by a law enforcement officer. A
   41  violation Violations of the provisions of this subsection shall
   42  constitute a noncriminal violation with a penalty of $25,
   43  payable to the clerk of the court.
   44         (a) Carrying openly requires that the firearm be secured by
   45  the carrier in a Level 2 security holster.
   46         (b) Carrying openly requires that the carrier display his
   47  or her license to carry a concealed firearm in a clear sleeve on
   48  or near the holster in such a manner as to be visible.
   49         (c) Carrying openly requires the carrier to have
   50  demonstrated competence with a firearm and firearm retention as
   51  provided in paragraph (2)(h).
   52         (2) The Department of Agriculture and Consumer Services
   53  shall issue a license if the applicant:
   54         (h) Demonstrates competence with a firearm and firearm
   55  retention by any one of the following:
   56         1. Completion of any hunter education or hunter safety
   57  course approved by the Fish and Wildlife Conservation Commission
   58  or a similar agency of another state;
   59         2. Completion of any National Rifle Association firearms
   60  safety or training course;
   61         3. Completion of any firearms safety or training course or
   62  class available to the general public offered by a law
   63  enforcement, junior college, college, or private or public
   64  institution or organization or firearms training school,
   65  utilizing instructors certified by the National Rifle
   66  Association, Criminal Justice Standards and Training Commission,
   67  or the Department of Agriculture and Consumer Services;
   68         4. Completion of any law enforcement firearms safety or
   69  training course or class offered for security guards,
   70  investigators, special deputies, or any division or subdivision
   71  of law enforcement or security enforcement;
   72         5. Presents evidence of equivalent experience with a
   73  firearm through participation in organized shooting competition
   74  or military service;
   75         6. Is licensed or has been licensed to carry a firearm in
   76  this state or a county or municipality of this state, unless
   77  such license has been revoked for cause; or
   78         7. Completion of any firearms training or safety course or
   79  class conducted by a state-certified or National Rifle
   80  Association certified firearms instructor;
   82  A photocopy of a certificate of completion of any of the courses
   83  or classes; or an affidavit from the instructor, school, club,
   84  organization, or group that conducted or taught said course or
   85  class attesting to the completion of the course or class by the
   86  applicant; or a copy of any document which shows completion of
   87  the course or class or evidences participation in firearms
   88  competition shall constitute evidence of qualification under
   89  this paragraph; any person who conducts a course pursuant to
   90  subparagraph 2., subparagraph 3., or subparagraph 7., or who, as
   91  an instructor, attests to the completion of such courses, must
   92  maintain records certifying that he or she observed the student
   93  safely handle and discharge the firearm;
   94         (5) The applicant shall submit to the Department of
   95  Agriculture and Consumer Services:
   96         (c) A full set of fingerprints of the applicant
   97  administered by a law enforcement agency or the Division of
   98  Licensing of the Department of Agriculture and Consumer
   99  Services.
  100         (12)(a)A No license issued under pursuant to this section
  101  does not shall authorize any person to carry a concealed weapon
  102  or firearm into:
  103         1. Any place of nuisance as defined in s. 823.05;
  104         2. Any police, sheriff, or highway patrol station;
  105         3. Any detention facility, prison, or jail;
  106         4. Any courthouse;
  107         5. Any courtroom, except that nothing in this section would
  108  preclude a judge from carrying a concealed weapon or determining
  109  who will carry a concealed weapon in his or her courtroom;
  110         6. Any polling place;
  111         7. Any meeting of the governing body of a county, public
  112  school district, municipality, or special district;
  113         8. Any meeting of the Legislature or a committee thereof;
  114         9. Any school, college, or professional athletic event not
  115  related to firearms;
  116         10. Any public elementary or secondary school facility or
  117  administration building;
  118         11. Any portion of an establishment licensed to dispense
  119  alcoholic beverages for consumption on the premises, which
  120  portion of the establishment is primarily devoted to such
  121  purpose; any elementary or secondary school facility; any career
  122  center; any college or university facility unless the licensee
  123  is a registered student, employee, or faculty member of such
  124  college or university and the weapon is a stun gun or nonlethal
  125  electric weapon or device designed solely for defensive purposes
  126  and the weapon does not fire a dart or projectile;
  127         12.The inside of the passenger terminal and sterile area
  128  of any airport, provided that no person shall be prohibited from
  129  carrying any legal firearm into the terminal, which firearm is
  130  encased for shipment for purposes of checking such firearm as
  131  baggage to be lawfully transported on any aircraft; or
  132         13. Any place where the carrying of firearms is prohibited
  133  by federal law.
  134         (b) A person licensed under this section shall not be
  135  prohibited from carrying or storing a firearm in a vehicle for
  136  lawful purposes.
  137         (c) This subsection does not modify the terms or conditions
  138  of s. 790.251(7).
  139         (d) Any person who knowingly and willfully violates any
  140  provision of this subsection commits a misdemeanor of the second
  141  degree, punishable as provided in s. 775.082 or s. 775.083.
  142         Section 3. Section 790.115, Florida Statutes, is amended to
  143  read:
  144         790.115 Possessing or discharging weapons or firearms at a
  145  school-sponsored event or on school property prohibited;
  146  penalties; exceptions.—
  147         (1) A person who exhibits any sword, sword cane, firearm,
  148  electric weapon or device, destructive device, or other weapon
  149  as defined in s. 790.001(13), including a razor blade, box
  150  cutter, or common pocketknife, except as authorized in support
  151  of school-sanctioned activities, in the presence of one or more
  152  persons in a rude, careless, angry, or threatening manner and
  153  not in lawful self-defense, at a school-sponsored event or on
  154  the grounds or facilities of any public school, school bus, or
  155  school bus stop, or within 1,000 feet of the real property that
  156  comprises a public or private elementary school, middle school,
  157  or secondary school, during school hours or during the time of a
  158  sanctioned school activity, commits a felony of the third
  159  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  160  775.084. This subsection does not apply to the exhibition of a
  161  firearm or weapon on private real property within 1,000 feet of
  162  a school by the owner of such property or by a person whose
  163  presence on such property has been authorized, licensed, or
  164  invited by the owner.
  165         (2)(a) A person may shall not possess any firearm, electric
  166  weapon or device, destructive device, or other weapon as defined
  167  in s. 790.001(13), including a razor blade or box cutter, except
  168  as authorized in support of school-sanctioned activities, at a
  169  school-sponsored event or on the property of any public school,
  170  school bus, or school bus stop; however, a person may carry a
  171  firearm:
  172         1. In a case to a firearms program, class, or function that
  173  which has been approved in advance by the principal or chief
  174  administrative officer of the school as a program or class to
  175  which firearms could be carried;
  176         2. In a case to a career center having a firearms training
  177  range; or
  178         3. In a vehicle pursuant to s. 790.25(5); except that
  179  school districts may adopt written and published policies that
  180  waive the exception in this subparagraph for purposes of student
  181  and campus parking privileges.
  183  For the purposes of this section, the term “school” means any
  184  public preschool, elementary school, middle school, junior high
  185  school, or secondary school, career center, or postsecondary
  186  school, whether public or nonpublic.
  187         (b) A person who willfully and knowingly possesses any
  188  electric weapon or device, destructive device, or other weapon
  189  as defined in s. 790.001(13), including a razor blade or box
  190  cutter, except as authorized in support of school-sanctioned
  191  activities, in violation of this subsection commits a felony of
  192  the third degree, punishable as provided in s. 775.082, s.
  193  775.083, or s. 775.084.
  194         (c)1. A person who willfully and knowingly possesses any
  195  firearm in violation of this subsection commits a felony of the
  196  third degree, punishable as provided in s. 775.082, s. 775.083,
  197  or s. 775.084.
  198         2. A person who stores or leaves a loaded firearm within
  199  the reach or easy access of a minor who obtains the firearm and
  200  commits a violation of subparagraph 1. commits a misdemeanor of
  201  the second degree, punishable as provided in s. 775.082 or s.
  202  775.083; except that this does not apply if the firearm was
  203  stored or left in a securely locked box or container or in a
  204  location which a reasonable person would have believed to be
  205  secure, or was securely locked with a firearm-mounted push
  206  button combination lock or a trigger lock; if the minor obtains
  207  the firearm as a result of an unlawful entry by any person; or
  208  to members of the Armed Forces, National Guard, or State
  209  Militia, or to police or other law enforcement officers, with
  210  respect to firearm possession by a minor which occurs during or
  211  incidental to the performance of their official duties.
  212         (d) A person who discharges any weapon or firearm while in
  213  violation of paragraph (a), unless discharged for lawful defense
  214  of himself or herself or another or for a lawful purpose,
  215  commits a felony of the second degree, punishable as provided in
  216  s. 775.082, s. 775.083, or s. 775.084.
  217         (e) The penalties of this subsection do shall not apply to
  218  persons licensed under s. 790.06. Persons licensed under s.
  219  790.06 shall be punished as provided in s. 790.06(12), except
  220  that a licenseholder who unlawfully discharges a weapon or
  221  firearm on school property as prohibited by this subsection
  222  commits a felony of the second degree, punishable as provided in
  223  s. 775.082, s. 775.083, or s. 775.084.
  224         (3) This section does not apply to any law enforcement
  225  officer as defined in s. 943.10(1), (2), (3), (4), (6), (7),
  226  (8), (9), or (14).
  227         (4) Notwithstanding s. 985.24, s. 985.245, or s. 985.25(1),
  228  any minor under 18 years of age who is charged under this
  229  section with possessing or discharging a firearm on school
  230  property shall be detained in secure detention, unless the state
  231  attorney authorizes the release of the minor, and shall be given
  232  a probable cause hearing within 24 hours after being taken into
  233  custody. At the hearing, the court may order that the minor
  234  continue to be held in secure detention for a period of 21 days,
  235  during which time the minor shall receive medical, psychiatric,
  236  psychological, or substance abuse examinations pursuant to s.
  237  985.18, and a written report shall be completed.
  238         Section 4. Section 790.28, Florida Statutes, is repealed.
  239         Section 5. Subsection (1) of section 790.065, Florida
  240  Statutes, is amended to read:
  241         790.065 Sale and delivery of firearms.—
  242         (1)(a) A licensed importer, licensed manufacturer, or
  243  licensed dealer may not sell or deliver from her or his
  244  inventory at her or his licensed premises any firearm to another
  245  person, other than a licensed importer, licensed manufacturer,
  246  licensed dealer, or licensed collector, until she or he has:
  247         1.(a) Obtained a completed form from the potential buyer or
  248  transferee, which form shall have been promulgated by the
  249  Department of Law Enforcement and provided by the licensed
  250  importer, licensed manufacturer, or licensed dealer, which shall
  251  include the name, date of birth, gender, race, and social
  252  security number or other identification number of such potential
  253  buyer or transferee and has inspected proper identification
  254  including an identification containing a photograph of the
  255  potential buyer or transferee.
  256         2.(b) Collected a fee from the potential buyer for
  257  processing the criminal history check of the potential buyer.
  258  The fee shall be established by the Department of Law
  259  Enforcement and may not exceed $8 per transaction. The
  260  Department of Law Enforcement may reduce, or suspend collection
  261  of, the fee to reflect payment received from the Federal
  262  Government applied to the cost of maintaining the criminal
  263  history check system established by this section as a means of
  264  facilitating or supplementing the National Instant Criminal
  265  Background Check System. The Department of Law Enforcement
  266  shall, by rule, establish procedures for the fees to be
  267  transmitted by the licensee to the Department of Law
  268  Enforcement. All such fees shall be deposited into the
  269  Department of Law Enforcement Operating Trust Fund, but shall be
  270  segregated from all other funds deposited into such trust fund
  271  and must be accounted for separately. Such segregated funds must
  272  not be used for any purpose other than the operation of the
  273  criminal history checks required by this section. The Department
  274  of Law Enforcement, each year prior to February 1, shall make a
  275  full accounting of all receipts and expenditures of such funds
  276  to the President of the Senate, the Speaker of the House of
  277  Representatives, the majority and minority leaders of each house
  278  of the Legislature, and the chairs of the appropriations
  279  committees of each house of the Legislature. In the event that
  280  the cumulative amount of funds collected exceeds the cumulative
  281  amount of expenditures by more than $2.5 million, excess funds
  282  may be used for the purpose of purchasing soft body armor for
  283  law enforcement officers.
  284         3.(c) Requested, by means of a toll-free telephone call,
  285  the Department of Law Enforcement to conduct a check of the
  286  information as reported and reflected in the Florida Crime
  287  Information Center and National Crime Information Center systems
  288  as of the date of the request.
  289         4.(d) Received a unique approval number for that inquiry
  290  from the Department of Law Enforcement, and recorded the date
  291  and such number on the consent form.
  292         (b) However, if the person purchasing, or receiving
  293  delivery of, the firearm is a holder of a valid concealed
  294  weapons or firearms license pursuant to the provisions of s.
  295  790.06 or holds an active certification from the Criminal
  296  Justice Standards and Training Commission as a “law enforcement
  297  officer,” a “correctional officer,” or a “correctional probation
  298  officer” as defined in s. 943.10(1), (2), (3), (6), (7), (8), or
  299  (9), the provisions of this subsection does do not apply.
  300         (c) This subsection does not apply to the purchase, trade,
  301  or transfer of rifles or shotguns by a resident of this state
  302  when the resident makes such purchase, trade, or transfer from a
  303  licensed importer, licensed manufacturer, or licensed dealer in
  304  another state.
  305  Section 6. This act shall take effect upon becoming a law.
  307  ================= T I T L E  A M E N D M E N T ================
  308         And the title is amended as follows:
  309         Delete everything before the enacting clause
  310  and insert:
  311                        A bill to be entitled                      
  312         An act relating to firearms; amending s. 790.053,
  313         F.S.; providing that person in compliance with the
  314         terms of a concealed carry license is not in violation
  315         of s. 790.053(1), F.S. when the concealed firearm is
  316         accidentally or inadvertently displayed to the
  317         ordinary sight of another person; amending s. 790.06,
  318         F.S.; providing that a person in compliance with the
  319         terms of a concealed carry license may carry openly
  320         notwithstanding specified provisions; providing for
  321         compliance to certain requirements in order to
  322         lawfully carry a firearm openly; allowing the Division
  323         of Licensing of the Department of Agriculture and
  324         Consumer Services to take fingerprints from concealed
  325         carry license applicants; limiting a prohibition on
  326         carrying a concealed weapon or firearm into an
  327         elementary or secondary school facility, career
  328         center, or college or university facility to include
  329         only a public elementary or secondary school facility
  330         or administration building; providing that concealed
  331         carry licensees shall not be prohibited from carrying
  332         or storing a firearm in a vehicle for lawful purposes;
  333         amending s. 790.115, F.S., relating to the prohibition
  334         against possessing or discharging weapons or firearms
  335         at a school-sponsored event or on school property;
  336         revising the definition of the term “school”;
  337         repealing s. 790.28, F.S., relating to the purchase of
  338         rifles and shotguns in contiguous states; amending s.
  339         790.065, F.S.; providing that specified provisions do
  340         not apply to certain firearms transactions by a
  341         resident of this state which take place in another
  342         state; providing an effective date.