Florida Senate - 2011                                     SB 234
       By Senator Evers
       2-00372-11                                             2011234__
    1                        A bill to be entitled                      
    2         An act relating to firearms; amending s. 790.06, F.S.;
    3         providing that a person in compliance with the terms
    4         of a concealed carry license may carry openly
    5         notwithstanding specified provisions; allowing the
    6         Division of Licensing of the Department of Agriculture
    7         and Consumer Services to take fingerprints from
    8         concealed carry license applicants; limiting a
    9         prohibition on carrying a concealed weapon or firearm
   10         into an elementary or secondary school facility,
   11         career center, or college or university facility to
   12         include only a public elementary or secondary school
   13         facility or administration building; providing that
   14         concealed carry licensees shall not be prohibited from
   15         carrying or storing a firearm in a vehicle for lawful
   16         purposes; repealing s. 790.28, F.S., relating to the
   17         purchase of rifles and shotguns in contiguous states;
   18         amending s. 790.065, F.S.; providing that specified
   19         provisions do not apply to certain firearms
   20         transactions by a resident of this state which take
   21         place in another state; providing applicable law;
   22         requiring a specified background check for such
   23         transactions; providing an effective date.
   25  Be It Enacted by the Legislature of the State of Florida:
   27         Section 1. Subsection (1), paragraph (c) of subsection (5),
   28  and subsection (12) of section 790.06, Florida Statutes, are
   29  amended to read:
   30         790.06 License to carry concealed weapon or firearm.—
   31         (1) The Department of Agriculture and Consumer Services is
   32  authorized to issue licenses to carry concealed weapons or
   33  concealed firearms to persons qualified as provided in this
   34  section. Each such license must bear a color photograph of the
   35  licensee. For the purposes of this section, concealed weapons or
   36  concealed firearms are defined as a handgun, electronic weapon
   37  or device, tear gas gun, knife, or billie, but the term does not
   38  include a machine gun as defined in s. 790.001(9). Such licenses
   39  shall be valid throughout the state for a period of 7 years from
   40  the date of issuance. Any person in compliance with the terms of
   41  such license may carry a concealed weapon or concealed firearm
   42  notwithstanding the provisions of s. 790.01 or may carry openly
   43  notwithstanding s. 790.053. The licensee must carry the license,
   44  together with valid identification, at all times in which the
   45  licensee is in actual possession of a concealed weapon or
   46  firearm and must display both the license and proper
   47  identification upon demand by a law enforcement officer. A
   48  violation Violations of the provisions of this subsection shall
   49  constitute a noncriminal violation with a penalty of $25,
   50  payable to the clerk of the court.
   51         (5) The applicant shall submit to the Department of
   52  Agriculture and Consumer Services:
   53         (c) A full set of fingerprints of the applicant
   54  administered by a law enforcement agency or the Division of
   55  Licensing of the Department of Agriculture and Consumer
   56  Services.
   57         (12)(a)A No license issued under pursuant to this section
   58  does not shall authorize any person to carry a concealed weapon
   59  or firearm into:
   60         1. Any place of nuisance as defined in s. 823.05;
   61         2. Any police, sheriff, or highway patrol station;
   62         3. Any detention facility, prison, or jail;
   63         4. Any courthouse;
   64         5. Any courtroom, except that nothing in this section would
   65  preclude a judge from carrying a concealed weapon or determining
   66  who will carry a concealed weapon in his or her courtroom;
   67         6. Any polling place;
   68         7. Any meeting of the governing body of a county, public
   69  school district, municipality, or special district;
   70         8. Any meeting of the Legislature or a committee thereof;
   71         9. Any school, college, or professional athletic event not
   72  related to firearms;
   73         10. Any public elementary or secondary school facility or
   74  administration building;
   75         11. Any portion of an establishment licensed to dispense
   76  alcoholic beverages for consumption on the premises, which
   77  portion of the establishment is primarily devoted to such
   78  purpose; any elementary or secondary school facility; any career
   79  center; any college or university facility unless the licensee
   80  is a registered student, employee, or faculty member of such
   81  college or university and the weapon is a stun gun or nonlethal
   82  electric weapon or device designed solely for defensive purposes
   83  and the weapon does not fire a dart or projectile;
   84         12.The inside of the passenger terminal and sterile area
   85  of any airport, provided that no person shall be prohibited from
   86  carrying any legal firearm into the terminal, which firearm is
   87  encased for shipment for purposes of checking such firearm as
   88  baggage to be lawfully transported on any aircraft; or
   89         13. Any place where the carrying of firearms is prohibited
   90  by federal law.
   91         (b) A person licensed under this section shall not be
   92  prohibited from carrying or storing a firearm in a vehicle for
   93  lawful purposes.
   94         (c) Any person who knowingly and willfully violates any
   95  provision of this subsection commits a misdemeanor of the second
   96  degree, punishable as provided in s. 775.082 or s. 775.083.
   97         Section 2. Section 790.28, Florida Statutes, is repealed.
   98         Section 3. Subsection (1) of section 790.065, Florida
   99  Statutes, is amended to read:
  100         790.065 Sale and delivery of firearms.—
  101         (1)(a) A licensed importer, licensed manufacturer, or
  102  licensed dealer may not sell or deliver from her or his
  103  inventory at her or his licensed premises any firearm to another
  104  person, other than a licensed importer, licensed manufacturer,
  105  licensed dealer, or licensed collector, until she or he has:
  106         1.(a) Obtained a completed form from the potential buyer or
  107  transferee, which form shall have been promulgated by the
  108  Department of Law Enforcement and provided by the licensed
  109  importer, licensed manufacturer, or licensed dealer, which shall
  110  include the name, date of birth, gender, race, and social
  111  security number or other identification number of such potential
  112  buyer or transferee and has inspected proper identification
  113  including an identification containing a photograph of the
  114  potential buyer or transferee.
  115         2.(b) Collected a fee from the potential buyer for
  116  processing the criminal history check of the potential buyer.
  117  The fee shall be established by the Department of Law
  118  Enforcement and may not exceed $8 per transaction. The
  119  Department of Law Enforcement may reduce, or suspend collection
  120  of, the fee to reflect payment received from the Federal
  121  Government applied to the cost of maintaining the criminal
  122  history check system established by this section as a means of
  123  facilitating or supplementing the National Instant Criminal
  124  Background Check System. The Department of Law Enforcement
  125  shall, by rule, establish procedures for the fees to be
  126  transmitted by the licensee to the Department of Law
  127  Enforcement. All such fees shall be deposited into the
  128  Department of Law Enforcement Operating Trust Fund, but shall be
  129  segregated from all other funds deposited into such trust fund
  130  and must be accounted for separately. Such segregated funds must
  131  not be used for any purpose other than the operation of the
  132  criminal history checks required by this section. The Department
  133  of Law Enforcement, each year prior to February 1, shall make a
  134  full accounting of all receipts and expenditures of such funds
  135  to the President of the Senate, the Speaker of the House of
  136  Representatives, the majority and minority leaders of each house
  137  of the Legislature, and the chairs of the appropriations
  138  committees of each house of the Legislature. In the event that
  139  the cumulative amount of funds collected exceeds the cumulative
  140  amount of expenditures by more than $2.5 million, excess funds
  141  may be used for the purpose of purchasing soft body armor for
  142  law enforcement officers.
  143         3.(c) Requested, by means of a toll-free telephone call,
  144  the Department of Law Enforcement to conduct a check of the
  145  information as reported and reflected in the Florida Crime
  146  Information Center and National Crime Information Center systems
  147  as of the date of the request.
  148         4.(d) Received a unique approval number for that inquiry
  149  from the Department of Law Enforcement, and recorded the date
  150  and such number on the consent form.
  151         (b) However, if the person purchasing, or receiving
  152  delivery of, the firearm is a holder of a valid concealed
  153  weapons or firearms license pursuant to the provisions of s.
  154  790.06 or holds an active certification from the Criminal
  155  Justice Standards and Training Commission as a “law enforcement
  156  officer,” a “correctional officer,” or a “correctional probation
  157  officer” as defined in s. 943.10(1), (2), (3), (6), (7), (8), or
  158  (9), the provisions of this subsection does do not apply.
  159         (c) This section does not apply to the purchase, trade, or
  160  transfer of firearms by a resident of this state when the
  161  resident makes such purchase, trade, or transfer in another
  162  state, in which case the laws and regulations of that state and
  163  the United States governing the purchase, trade, or transfer of
  164  firearms shall apply. A National Instant Criminal Background
  165  Check System check shall be performed prior to such purchase,
  166  trade, or transfer of firearms by a resident of this state.
  167         Section 4. This act shall take effect July 1, 2011.