Bill No. CS/CS/SB 234
Amendment No. 733353
Senate House

1Representative Abruzzo offered the following:
3     Amendment (with title amendment)
4     Remove everything after the enacting clause and insert:
5     Section 1.  Subsection (1), paragraph (c) of subsection
6(5), and subsection (12) of section 790.06, Florida Statutes,
7are amended to read:
8     790.06  License to carry concealed weapon or firearm.-
9     (1)  The Department of Agriculture and Consumer Services is
10authorized to issue licenses to carry concealed weapons or
11concealed firearms to persons qualified as provided in this
12section. Each such license must bear a color photograph of the
13licensee. For the purposes of this section, concealed weapons or
14concealed firearms are defined as a handgun, electronic weapon
15or device, tear gas gun, knife, or billie, but the term does not
16include a machine gun as defined in s. 790.001(9). Such licenses
17shall be valid throughout the state for a period of 7 years from
18the date of issuance. Any person in compliance with the terms of
19such license may carry a concealed weapon or concealed firearm
20notwithstanding the provisions of s. 790.01 or may carry openly
21notwithstanding s. 790.053. The licensee must carry the license,
22together with valid identification, at all times in which the
23licensee is in actual possession of a concealed weapon or
24firearm and must display both the license and proper
25identification upon demand by a law enforcement officer. A
26violation Violations of the provisions of this subsection shall
27constitute a noncriminal violation with a penalty of $25,
28payable to the clerk of the court.
29     (5)  The applicant shall submit to the Department of
30Agriculture and Consumer Services:
31     (c)  A full set of fingerprints of the applicant
32administered by a law enforcement agency or the Division of
33Licensing of the Department of Agriculture and Consumer
35     (12)(a)  A No license issued under pursuant to this section
36does not shall authorize any person to openly carry a handgun or
37carry a concealed weapon or firearm into:
38     1.  Any place of nuisance as defined in s. 823.05;
39     2.  Any police, sheriff, or highway patrol station;
40     3.  Any detention facility, prison, or jail;
41     4.  Any courthouse;
42     5.  Any courtroom, except that nothing in this section
43would preclude a judge from carrying a concealed weapon or
44determining who will carry a concealed weapon in his or her
46     6.  Any polling place;
47     7.  Any meeting of the governing body of a county, public
48school district, municipality, or special district;
49     8.  Any meeting of the Legislature or a committee thereof;
50     9.  Any school, college, or professional athletic event not
51related to firearms;
52     10.  Any elementary or secondary school facility or
53administration building;
54     11.  Any career center;
55     12.  Any portion of an establishment licensed to dispense
56alcoholic beverages for consumption on the premises, which
57portion of the establishment is primarily devoted to such
58purpose; any elementary or secondary school facility; any career
60     13.  Any college or university facility unless the licensee
61is a registered student, employee, or faculty member of such
62college or university and the weapon is a stun gun or nonlethal
63electric weapon or device designed solely for defensive purposes
64and the weapon does not fire a dart or projectile;
65     14.  The inside of the passenger terminal and sterile area
66of any airport, provided that no person shall be prohibited from
67carrying any legal firearm into the terminal, which firearm is
68encased for shipment for purposes of checking such firearm as
69baggage to be lawfully transported on any aircraft; or
70     15.  Any place where the carrying of firearms is prohibited
71by federal law.
72     (b)  A person licensed under this section shall not be
73prohibited from carrying or storing a firearm in a vehicle for
74lawful purposes.
75     (c)  This subsection does not modify the terms or
76conditions of s. 790.251(7).
77     (d)  Any person who knowingly and willfully violates any
78provision of this subsection commits a misdemeanor of the second
79degree, punishable as provided in s. 775.082 or s. 775.083.
80     Section 2.  Section 790.115, Florida Statutes, is amended
81to read:
82     790.115  Possessing or discharging weapons or firearms at a
83school-sponsored event or on school property prohibited;
84penalties; exceptions.-
85     (1)  A person who exhibits any sword, sword cane, firearm,
86electric weapon or device, destructive device, or other weapon
87as defined in s. 790.001(13), including a razor blade, box
88cutter, or common pocketknife, except as authorized in support
89of school-sanctioned activities, in the presence of one or more
90persons in a rude, careless, angry, or threatening manner and
91not in lawful self-defense, at a school-sponsored event or on
92the grounds or facilities of any school, school bus, or school
93bus stop, or within 1,000 feet of the real property that
94comprises a public or private elementary school, middle school,
95or secondary school, during school hours or during the time of a
96sanctioned school activity, commits a felony of the third
97degree, punishable as provided in s. 775.082, s. 775.083, or s.
98775.084. This subsection does not apply to the exhibition of a
99firearm or weapon on private real property within 1,000 feet of
100a school by the owner of such property or by a person whose
101presence on such property has been authorized, licensed, or
102invited by the owner.
103     (2)(a)  A person may shall not possess any firearm,
104electric weapon or device, destructive device, or other weapon
105as defined in s. 790.001(13), including a razor blade or box
106cutter, except as authorized in support of school-sanctioned
107activities, at a school-sponsored event or on the property of
108any school, school bus, or school bus stop; however, a person
109may carry a firearm:
110     1.  In a case to a firearms program, class, or function
111that which has been approved in advance by the principal or
112chief administrative officer of the school as a program or class
113to which firearms could be carried;
114     2.  In a case to a career center having a firearms training
115range; or
116     3.  In a vehicle pursuant to s. 790.25(5); except that
117school districts may adopt written and published policies that
118waive the exception in this subparagraph for purposes of student
119and campus parking privileges.
121For the purposes of this section, the term "school" means any
122preschool, elementary school, middle school, junior high school,
123or secondary school, career center, or postsecondary school,
124whether public or nonpublic.
125     (b)  A person who willfully and knowingly possesses any
126electric weapon or device, destructive device, or other weapon
127as defined in s. 790.001(13), including a razor blade or box
128cutter, except as authorized in support of school-sanctioned
129activities, in violation of this subsection commits a felony of
130the third degree, punishable as provided in s. 775.082, s.
131775.083, or s. 775.084.
132     (c)1.  A person who willfully and knowingly possesses any
133firearm in violation of this subsection commits a felony of the
134third degree, punishable as provided in s. 775.082, s. 775.083,
135or s. 775.084.
136     2.  A person who stores or leaves a loaded firearm within
137the reach or easy access of a minor who obtains the firearm and
138commits a violation of subparagraph 1. commits a misdemeanor of
139the second degree, punishable as provided in s. 775.082 or s.
140775.083; except that this does not apply if the firearm was
141stored or left in a securely locked box or container or in a
142location which a reasonable person would have believed to be
143secure, or was securely locked with a firearm-mounted push-
144button combination lock or a trigger lock; if the minor obtains
145the firearm as a result of an unlawful entry by any person; or
146to members of the Armed Forces, National Guard, or State
147Militia, or to police or other law enforcement officers, with
148respect to firearm possession by a minor which occurs during or
149incidental to the performance of their official duties.
150     (d)  A person who discharges any weapon or firearm while in
151violation of paragraph (a), unless discharged for lawful defense
152of himself or herself or another or for a lawful purpose,
153commits a felony of the second degree, punishable as provided in
154s. 775.082, s. 775.083, or s. 775.084.
155     (e)  The penalties of this subsection do shall not apply to
156persons licensed under s. 790.06. Persons licensed under s.
157790.06 shall be punished as provided in s. 790.06(12), except
158that a licenseholder who unlawfully discharges a weapon or
159firearm on school property as prohibited by this subsection
160commits a felony of the second degree, punishable as provided in
161s. 775.082, s. 775.083, or s. 775.084.
162     (3)  This section does not apply to any law enforcement
163officer as defined in s. 943.10(1), (2), (3), (4), (6), (7),
164(8), (9), or (14).
165     (4)  Notwithstanding s. 985.24, s. 985.245, or s.
166985.25(1), any minor under 18 years of age who is charged under
167this section with possessing or discharging a firearm on school
168property shall be detained in secure detention, unless the state
169attorney authorizes the release of the minor, and shall be given
170a probable cause hearing within 24 hours after being taken into
171custody. At the hearing, the court may order that the minor
172continue to be held in secure detention for a period of 21 days,
173during which time the minor shall receive medical, psychiatric,
174psychological, or substance abuse examinations pursuant to s.
175985.18, and a written report shall be completed.
176     Section 3.  Section 790.28, Florida Statutes, is repealed.
177     Section 4.  Subsection (1) of section 790.065, Florida
178Statutes, is amended to read:
179     790.065  Sale and delivery of firearms.-
180     (1)(a)  A licensed importer, licensed manufacturer, or
181licensed dealer may not sell or deliver from her or his
182inventory at her or his licensed premises any firearm to another
183person, other than a licensed importer, licensed manufacturer,
184licensed dealer, or licensed collector, until she or he has:
185     1.(a)  Obtained a completed form from the potential buyer
186or transferee, which form shall have been promulgated by the
187Department of Law Enforcement and provided by the licensed
188importer, licensed manufacturer, or licensed dealer, which shall
189include the name, date of birth, gender, race, and social
190security number or other identification number of such potential
191buyer or transferee and has inspected proper identification
192including an identification containing a photograph of the
193potential buyer or transferee.
194     2.(b)  Collected a fee from the potential buyer for
195processing the criminal history check of the potential buyer.
196The fee shall be established by the Department of Law
197Enforcement and may not exceed $8 per transaction. The
198Department of Law Enforcement may reduce, or suspend collection
199of, the fee to reflect payment received from the Federal
200Government applied to the cost of maintaining the criminal
201history check system established by this section as a means of
202facilitating or supplementing the National Instant Criminal
203Background Check System. The Department of Law Enforcement
204shall, by rule, establish procedures for the fees to be
205transmitted by the licensee to the Department of Law
206Enforcement. All such fees shall be deposited into the
207Department of Law Enforcement Operating Trust Fund, but shall be
208segregated from all other funds deposited into such trust fund
209and must be accounted for separately. Such segregated funds must
210not be used for any purpose other than the operation of the
211criminal history checks required by this section. The Department
212of Law Enforcement, each year prior to February 1, shall make a
213full accounting of all receipts and expenditures of such funds
214to the President of the Senate, the Speaker of the House of
215Representatives, the majority and minority leaders of each house
216of the Legislature, and the chairs of the appropriations
217committees of each house of the Legislature. In the event that
218the cumulative amount of funds collected exceeds the cumulative
219amount of expenditures by more than $2.5 million, excess funds
220may be used for the purpose of purchasing soft body armor for
221law enforcement officers.
222     3.(c)  Requested, by means of a toll-free telephone call,
223the Department of Law Enforcement to conduct a check of the
224information as reported and reflected in the Florida Crime
225Information Center and National Crime Information Center systems
226as of the date of the request.
227     4.(d)  Received a unique approval number for that inquiry
228from the Department of Law Enforcement, and recorded the date
229and such number on the consent form.
230     (b)  However, if the person purchasing, or receiving
231delivery of, the firearm is a holder of a valid concealed
232weapons or firearms license pursuant to the provisions of s.
233790.06 or holds an active certification from the Criminal
234Justice Standards and Training Commission as a "law enforcement
235officer," a "correctional officer," or a "correctional probation
236officer" as defined in s. 943.10(1), (2), (3), (6), (7), (8), or
237(9), the provisions of this subsection does do not apply.
238     (c)  This section does not apply to the purchase, trade, or
239transfer of firearms by a resident of this state when the
240resident makes such purchase, trade, or transfer in another
241state, in which case the laws and regulations of that state and
242the United States governing the purchase, trade, or transfer of
243firearms shall apply. A National Instant Criminal Background
244Check System check shall be performed prior to such purchase,
245trade, or transfer of firearms by a resident of this state.
246     Section 5.  This act shall take effect upon becoming a law.
T I T L E  A M E N D M E N T
250     Remove the entire title and insert:
A bill to be entitled
252An act relating to firearms; amending s. 790.06, F.S.;
253providing that a person in compliance with the terms of a
254concealed carry license may carry openly notwithstanding
255specified provisions; allowing the Division of Licensing
256of the Department of Agriculture and Consumer Services to
257take fingerprints from concealed carry license applicants;
258limiting a prohibition on carrying a concealed weapon or
259firearm into an elementary or secondary school facility,
260career center, or college or university facility to
261include only a public elementary or secondary school
262facility or administration building; providing that
263concealed carry licensees shall not be prohibited from
264carrying or storing a firearm in a vehicle for lawful
265purposes; providing that a provision limiting the scope of
266a license to carry a concealed weapon or firearm does not
267modify certain exceptions to prohibited acts with respect
268to a person's right to keep and bear arms in motor
269vehicles for certain purposes; amending s. 790.115, F.S.,
270relating to the prohibition against possessing or
271discharging weapons or firearms at a school-sponsored
272event or on school property; revising the definition of
273the term "school"; repealing s. 790.28, F.S., relating to
274the purchase of rifles and shotguns in contiguous states;
275amending s. 790.065, F.S.; providing that specified
276provisions do not apply to certain firearms transactions
277by a resident of this state that take place in another
278state; providing applicable law; requiring a specified
279background check for such transactions; providing an
280effective date.

CODING: Words stricken are deletions; words underlined are additions.