Florida Senate - 2011                              CS for SB 234
       By the Committee on Criminal Justice; and Senators Evers,
       Dockery, Lynn, Hays, Norman, Negron, and Garcia
       591-02451-11                                           2011234c1
    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; providing that
    9         concealed carry licensees shall not be prohibited from
   10         carrying or storing a firearm in a vehicle for lawful
   11         purposes; repealing s. 790.28, F.S., relating to the
   12         purchase of rifles and shotguns in contiguous states;
   13         amending s. 790.065, F.S.; providing that specified
   14         provisions do not apply to certain firearms
   15         transactions by a resident of this state which take
   16         place in another state; providing an effective date.
   18  Be It Enacted by the Legislature of the State of Florida:
   20         Section 1. Subsection (1), paragraph (c) of subsection (5),
   21  and subsection (12) of section 790.06, Florida Statutes, are
   22  amended to read:
   23         790.06 License to carry concealed weapon or firearm.—
   24         (1) The Department of Agriculture and Consumer Services is
   25  authorized to issue licenses to carry concealed weapons or
   26  concealed firearms to persons qualified as provided in this
   27  section. Each such license must bear a color photograph of the
   28  licensee. For the purposes of this section, concealed weapons or
   29  concealed firearms are defined as a handgun, electronic weapon
   30  or device, tear gas gun, knife, or billie, but the term does not
   31  include a machine gun as defined in s. 790.001(9). Such licenses
   32  shall be valid throughout the state for a period of 7 years from
   33  the date of issuance. Any person in compliance with the terms of
   34  such license may carry a concealed weapon or concealed firearm
   35  notwithstanding the provisions of s. 790.01, or may carry openly
   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         (5) The applicant shall submit to the Department of
   45  Agriculture and Consumer Services:
   46         (c) A full set of fingerprints of the applicant
   47  administered by a law enforcement agency or the Division of
   48  Licensing of the Department of Agriculture and Consumer
   49  Services.
   50         (12)(a)A No license issued under pursuant to this section
   51  does not shall authorize any person to carry a concealed weapon
   52  or firearm into:
   53         1. Any place of nuisance as defined in s. 823.05;
   54         2. Any police, sheriff, or highway patrol station;
   55         3. Any detention facility, prison, or jail;
   56         4. Any courthouse;
   57         5. Any courtroom, except that nothing in this section would
   58  preclude a judge from carrying a concealed weapon or determining
   59  who will carry a concealed weapon in his or her courtroom;
   60         6. Any polling place;
   61         7. Any meeting of the governing body of a county, public
   62  school district, municipality, or special district;
   63         8. Any meeting of the Legislature or a committee thereof;
   64         9. Any school, college, or professional athletic event not
   65  related to firearms;
   66         10. Any elementary or secondary school facility or
   67  administration building;
   68         11.Any career center;
   69         12. Any college or university facility unless the licensee
   70  is a registered student, employee, or faculty member of such
   71  college or university and the weapon is a stun gun or nonlethal
   72  electric weapon or device designed solely for defensive purposes
   73  and the weapon does not fire a dart or projectile;
   74         13. Any portion of an establishment licensed to dispense
   75  alcoholic beverages for consumption on the premises, which
   76  portion of the establishment is primarily devoted to such
   77  purpose; any elementary or secondary school facility; any career
   78  center; any college or university facility unless the licensee
   79  is a registered student, employee, or faculty member of such
   80  college or university and the weapon is a stun gun or nonlethal
   81  electric weapon or device designed solely for defensive purposes
   82  and the weapon does not fire a dart or projectile;
   83         14.The inside of the passenger terminal and sterile area
   84  of any airport, provided that no person shall be prohibited from
   85  carrying any legal firearm into the terminal, which firearm is
   86  encased for shipment for purposes of checking such firearm as
   87  baggage to be lawfully transported on any aircraft; or
   88         15. Any place where the carrying of firearms is prohibited
   89  by federal law.
   90         (b) A person licensed under this section shall not be
   91  prohibited from carrying or storing a firearm in a vehicle for
   92  lawful purposes.
   93         (c) This subsection does not modify the terms or conditions
   94  of s. 790.251(7).
   95         (d) Any person who knowingly and willfully violates any
   96  provision of this subsection commits a misdemeanor of the second
   97  degree, punishable as provided in s. 775.082 or s. 775.083.
   98         Section 2. Section 790.28, Florida Statutes, is repealed.
   99         Section 3. Subsection (1) of section 790.065, Florida
  100  Statutes, is amended to read:
  101         790.065 Sale and delivery of firearms.—
  102         (1)(a) A licensed importer, licensed manufacturer, or
  103  licensed dealer may not sell or deliver from her or his
  104  inventory at her or his licensed premises any firearm to another
  105  person, other than a licensed importer, licensed manufacturer,
  106  licensed dealer, or licensed collector, until she or he has:
  107         1.(a) Obtained a completed form from the potential buyer or
  108  transferee, which form shall have been promulgated by the
  109  Department of Law Enforcement and provided by the licensed
  110  importer, licensed manufacturer, or licensed dealer, which shall
  111  include the name, date of birth, gender, race, and social
  112  security number or other identification number of such potential
  113  buyer or transferee and has inspected proper identification
  114  including an identification containing a photograph of the
  115  potential buyer or transferee.
  116         2.(b) Collected a fee from the potential buyer for
  117  processing the criminal history check of the potential buyer.
  118  The fee shall be established by the Department of Law
  119  Enforcement and may not exceed $8 per transaction. The
  120  Department of Law Enforcement may reduce, or suspend collection
  121  of, the fee to reflect payment received from the Federal
  122  Government applied to the cost of maintaining the criminal
  123  history check system established by this section as a means of
  124  facilitating or supplementing the National Instant Criminal
  125  Background Check System. The Department of Law Enforcement
  126  shall, by rule, establish procedures for the fees to be
  127  transmitted by the licensee to the Department of Law
  128  Enforcement. All such fees shall be deposited into the
  129  Department of Law Enforcement Operating Trust Fund, but shall be
  130  segregated from all other funds deposited into such trust fund
  131  and must be accounted for separately. Such segregated funds must
  132  not be used for any purpose other than the operation of the
  133  criminal history checks required by this section. The Department
  134  of Law Enforcement, each year prior to February 1, shall make a
  135  full accounting of all receipts and expenditures of such funds
  136  to the President of the Senate, the Speaker of the House of
  137  Representatives, the majority and minority leaders of each house
  138  of the Legislature, and the chairs of the appropriations
  139  committees of each house of the Legislature. In the event that
  140  the cumulative amount of funds collected exceeds the cumulative
  141  amount of expenditures by more than $2.5 million, excess funds
  142  may be used for the purpose of purchasing soft body armor for
  143  law enforcement officers.
  144         3.(c) Requested, by means of a toll-free telephone call,
  145  the Department of Law Enforcement to conduct a check of the
  146  information as reported and reflected in the Florida Crime
  147  Information Center and National Crime Information Center systems
  148  as of the date of the request.
  149         4.(d) Received a unique approval number for that inquiry
  150  from the Department of Law Enforcement, and recorded the date
  151  and such number on the consent form.
  152         (b) However, if the person purchasing, or receiving
  153  delivery of, the firearm is a holder of a valid concealed
  154  weapons or firearms license pursuant to the provisions of s.
  155  790.06 or holds an active certification from the Criminal
  156  Justice Standards and Training Commission as a “law enforcement
  157  officer,” a “correctional officer,” or a “correctional probation
  158  officer” as defined in s. 943.10(1), (2), (3), (6), (7), (8), or
  159  (9), the provisions of this subsection does do not apply.
  160         (c) This subsection does not apply to the purchase, trade,
  161  or transfer of rifles or shotguns by a resident of this state
  162  when the resident makes such purchase, trade, or transfer from a
  163  licensed importer, licensed manufacturer, or licensed dealer in
  164  another state.
  165         Section 4. This act shall take effect upon becoming a law.