Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. CS for SB 234
                                Barcode 349518                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/18/2011           .                                

       The Committee on Rules (Negron) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    6         Section 1. Subsection (1), paragraph (c) of subsection (5),
    7  and subsection (12) of section 790.06, Florida Statutes, are
    8  amended to read:
    9         790.06 License to carry concealed weapon or firearm.—
   10         (1) The Department of Agriculture and Consumer Services is
   11  authorized to issue licenses to carry concealed weapons or
   12  concealed firearms to persons qualified as provided in this
   13  section. Each such license must bear a color photograph of the
   14  licensee. For the purposes of this section, concealed weapons or
   15  concealed firearms are defined as a handgun, electronic weapon
   16  or device, tear gas gun, knife, or billie, but the term does not
   17  include a machine gun as defined in s. 790.001(9). Such licenses
   18  shall be valid throughout the state for a period of 7 years from
   19  the date of issuance. Any person in compliance with the terms of
   20  such license may carry a concealed weapon or concealed firearm
   21  notwithstanding the provisions of s. 790.01 or may openly carry
   22  a handgun, as defined in s. 790.0655, notwithstanding s.
   23  790.053. The licensee must carry the license, together with
   24  valid identification, at all times in which the licensee is in
   25  actual possession of a concealed weapon or firearm and must
   26  display both the license and proper identification upon demand
   27  by a law enforcement officer. A violation Violations of the
   28  provisions of this subsection shall constitute a noncriminal
   29  violation with a penalty of $25, payable to the clerk of the
   30  court.
   31         (5) The applicant shall submit to the Department of
   32  Agriculture and Consumer Services:
   33         (c) A full set of fingerprints of the applicant
   34  administered by a law enforcement agency or the Division of
   35  Licensing of the Department of Agriculture and Consumer
   36  Services.
   37         (12)(a)A No license issued under pursuant to this section
   38  does not shall authorize any person to openly carry a handgun or
   39  carry a concealed weapon or firearm into:
   40         1. Any place of nuisance as defined in s. 823.05;
   41         2. Any police, sheriff, or highway patrol station;
   42         3. Any detention facility, prison, or jail;
   43         4. Any courthouse;
   44         5. Any courtroom, except that nothing in this section would
   45  preclude a judge from carrying a concealed weapon or determining
   46  who will carry a concealed weapon in his or her courtroom;
   47         6. Any polling place;
   48         7. Any meeting of the governing body of a county, public
   49  school district, municipality, or special district;
   50         8. Any meeting of the Legislature or a committee thereof;
   51         9. Any school, college, or professional athletic event not
   52  related to firearms;
   53         10. Any elementary or secondary school facility or
   54  administration building;
   55         11. Any career center;
   56         12. Any portion of an establishment licensed to dispense
   57  alcoholic beverages for consumption on the premises, which
   58  portion of the establishment is primarily devoted to such
   59  purpose; any elementary or secondary school facility; any career
   60  center;
   61         13. Any college or university facility unless the licensee
   62  is a registered student, employee, or faculty member of such
   63  college or university and the weapon is a stun gun or nonlethal
   64  electric weapon or device designed solely for defensive purposes
   65  and the weapon does not fire a dart or projectile;
   66         14. The inside of the passenger terminal and sterile area
   67  of any airport, provided that no person shall be prohibited from
   68  carrying any legal firearm into the terminal, which firearm is
   69  encased for shipment for purposes of checking such firearm as
   70  baggage to be lawfully transported on any aircraft; or
   71         15. Any place where the carrying of firearms is prohibited
   72  by federal law.
   73         (b) A person licensed under this section shall not be
   74  prohibited from carrying or storing a firearm in a vehicle for
   75  lawful purposes.
   76         (c) This subsection does not modify the terms or conditions
   77  of s. 790.251(7).
   78         (d) Any person who knowingly and willfully violates any
   79  provision of this subsection commits a misdemeanor of the second
   80  degree, punishable as provided in s. 775.082 or s. 775.083.
   81         Section 2. Section 790.28, Florida Statutes, is repealed.
   82         Section 3. Subsection (1) of section 790.065, Florida
   83  Statutes, is amended to read:
   84         790.065 Sale and delivery of firearms.—
   85         (1)(a) A licensed importer, licensed manufacturer, or
   86  licensed dealer may not sell or deliver from her or his
   87  inventory at her or his licensed premises any firearm to another
   88  person, other than a licensed importer, licensed manufacturer,
   89  licensed dealer, or licensed collector, until she or he has:
   90         1.(a) Obtained a completed form from the potential buyer or
   91  transferee, which form shall have been promulgated by the
   92  Department of Law Enforcement and provided by the licensed
   93  importer, licensed manufacturer, or licensed dealer, which shall
   94  include the name, date of birth, gender, race, and social
   95  security number or other identification number of such potential
   96  buyer or transferee and has inspected proper identification
   97  including an identification containing a photograph of the
   98  potential buyer or transferee.
   99         2.(b) Collected a fee from the potential buyer for
  100  processing the criminal history check of the potential buyer.
  101  The fee shall be established by the Department of Law
  102  Enforcement and may not exceed $8 per transaction. The
  103  Department of Law Enforcement may reduce, or suspend collection
  104  of, the fee to reflect payment received from the Federal
  105  Government applied to the cost of maintaining the criminal
  106  history check system established by this section as a means of
  107  facilitating or supplementing the National Instant Criminal
  108  Background Check System. The Department of Law Enforcement
  109  shall, by rule, establish procedures for the fees to be
  110  transmitted by the licensee to the Department of Law
  111  Enforcement. All such fees shall be deposited into the
  112  Department of Law Enforcement Operating Trust Fund, but shall be
  113  segregated from all other funds deposited into such trust fund
  114  and must be accounted for separately. Such segregated funds must
  115  not be used for any purpose other than the operation of the
  116  criminal history checks required by this section. The Department
  117  of Law Enforcement, each year prior to February 1, shall make a
  118  full accounting of all receipts and expenditures of such funds
  119  to the President of the Senate, the Speaker of the House of
  120  Representatives, the majority and minority leaders of each house
  121  of the Legislature, and the chairs of the appropriations
  122  committees of each house of the Legislature. In the event that
  123  the cumulative amount of funds collected exceeds the cumulative
  124  amount of expenditures by more than $2.5 million, excess funds
  125  may be used for the purpose of purchasing soft body armor for
  126  law enforcement officers.
  127         3.(c) Requested, by means of a toll-free telephone call,
  128  the Department of Law Enforcement to conduct a check of the
  129  information as reported and reflected in the Florida Crime
  130  Information Center and National Crime Information Center systems
  131  as of the date of the request.
  132         4.(d) Received a unique approval number for that inquiry
  133  from the Department of Law Enforcement, and recorded the date
  134  and such number on the consent form.
  135         (b) However, if the person purchasing, or receiving
  136  delivery of, the firearm is a holder of a valid concealed
  137  weapons or firearms license pursuant to the provisions of s.
  138  790.06 or holds an active certification from the Criminal
  139  Justice Standards and Training Commission as a “law enforcement
  140  officer,” a “correctional officer,” or a “correctional probation
  141  officer” as defined in s. 943.10(1), (2), (3), (6), (7), (8), or
  142  (9), the provisions of this subsection does do not apply.
  143         (c) This subsection does not apply to the purchase, trade,
  144  or transfer of a rifle or shotgun by a resident of this state
  145  when the resident makes such purchase, trade, or transfer from a
  146  licensed importer, licensed manufacturer, or licensed dealer in
  147  another state.
  148         Section 4. This act shall take effect upon becoming a law.
  151  ================= T I T L E  A M E N D M E N T ================
  152         And the title is amended as follows:
  153         Delete everything before the enacting clause
  154  and insert:
  155                        A bill to be entitled                      
  156         An act relating to firearms; amending s. 790.06, F.S.;
  157         providing that a person in compliance with the terms
  158         of a concealed carry license may openly carry a
  159         handgun notwithstanding specified provisions; allowing
  160         the Division of Licensing of the Department of
  161         Agriculture and Consumer Services to take fingerprints
  162         from concealed carry license applicants; providing
  163         that a person may not openly carry a weapon or firearm
  164         or carry a concealed weapon or firearm into specified
  165         locations; providing that concealed carry licensees
  166         shall not be prohibited from carrying or storing a
  167         firearm in a vehicle for lawful purposes; providing
  168         that a provision limiting the scope of a license to
  169         carry a concealed weapon or firearm does not modify
  170         certain exceptions to prohibited acts with respect to
  171         a person’s right to keep and bear arms in motor
  172         vehicles for certain purposes; repealing s. 790.28,
  173         F.S., relating to the purchase of rifles and shotguns
  174         in contiguous states; amending s. 790.065, F.S.;
  175         providing that specified provisions do not apply to
  176         certain firearms transactions by a resident of this
  177         state; providing an effective date.