Florida Senate - 2011                       CS for CS for SB 234
       By the Committees on Rules; and Criminal Justice; and Senators
       Evers, Dockery, Lynn, Hays, Norman, Negron, Garcia, and Altman
       595-04670-11                                           2011234c2
    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 openly carry a
    5         handgun notwithstanding specified provisions; allowing
    6         the Division of Licensing of the Department of
    7         Agriculture and Consumer Services to take fingerprints
    8         from concealed carry license applicants; providing
    9         that a person may not openly carry a weapon or firearm
   10         or carry a concealed weapon or firearm into specified
   11         locations; providing that concealed carry licensees
   12         shall not be prohibited from carrying or storing a
   13         firearm in a vehicle for lawful purposes; providing
   14         that a provision limiting the scope of a license to
   15         carry a concealed weapon or firearm does not modify
   16         certain exceptions to prohibited acts with respect to
   17         a person’s right to keep and bear arms in motor
   18         vehicles for certain purposes; repealing s. 790.28,
   19         F.S., relating to the purchase of rifles and shotguns
   20         in contiguous states; amending s. 790.065, F.S.;
   21         providing that specified provisions do not apply to
   22         certain firearms transactions by a resident of this
   23         state; 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 openly carry
   43  a handgun, as defined in s. 790.0655, on any public property
   44  and, when permissible, on private property notwithstanding s.
   45  790.053. The licensee must carry the license, together with
   46  valid identification, at all times in which the licensee is in
   47  actual possession of a concealed weapon or firearm and must
   48  display both the license and proper identification upon demand
   49  by a law enforcement officer. A violation Violations of the
   50  provisions of this subsection shall constitute a noncriminal
   51  violation with a penalty of $25, payable to the clerk of the
   52  court.
   53         (5) The applicant shall submit to the Department of
   54  Agriculture and Consumer Services:
   55         (c) A full set of fingerprints of the applicant
   56  administered by a law enforcement agency or the Division of
   57  Licensing of the Department of Agriculture and Consumer
   58  Services.
   59         (12)(a)A No license issued under pursuant to this section
   60  does not shall authorize any person to openly carry a handgun or
   61  carry a concealed weapon or firearm into:
   62         1. Any place of nuisance as defined in s. 823.05;
   63         2. Any police, sheriff, or highway patrol station;
   64         3. Any detention facility, prison, or jail;
   65         4. Any courthouse;
   66         5. Any courtroom, except that nothing in this section would
   67  preclude a judge from carrying a concealed weapon or determining
   68  who will carry a concealed weapon in his or her courtroom;
   69         6. Any polling place;
   70         7. Any meeting of the governing body of a county, public
   71  school district, municipality, or special district;
   72         8. Any meeting of the Legislature or a committee thereof;
   73         9. Any school, college, or professional athletic event not
   74  related to firearms;
   75         10. Any elementary or secondary school facility or
   76  administration building;
   77         11. Any career center;
   78         12. Any portion of an establishment licensed to dispense
   79  alcoholic beverages for consumption on the premises, which
   80  portion of the establishment is primarily devoted to such
   81  purpose; any elementary or secondary school facility; any career
   82  center;
   83         13. Any college or university facility unless the licensee
   84  is a registered student, employee, or faculty member of such
   85  college or university and the weapon is a stun gun or nonlethal
   86  electric weapon or device designed solely for defensive purposes
   87  and the weapon does not fire a dart or projectile;
   88         14. The inside of the passenger terminal and sterile area
   89  of any airport, provided that no person shall be prohibited from
   90  carrying any legal firearm into the terminal, which firearm is
   91  encased for shipment for purposes of checking such firearm as
   92  baggage to be lawfully transported on any aircraft; or
   93         15. Any place where the carrying of firearms is prohibited
   94  by federal law.
   95         (b) A person licensed under this section shall not be
   96  prohibited from carrying or storing a firearm in a vehicle for
   97  lawful purposes.
   98         (c) This section does not modify the terms or conditions of
   99  s. 790.251(7).
  100         (d) Any person who knowingly and willfully violates any
  101  provision of this subsection commits a misdemeanor of the second
  102  degree, punishable as provided in s. 775.082 or s. 775.083.
  103         Section 2. Section 790.28, Florida Statutes, is repealed.
  104         Section 3. Subsection (1) of section 790.065, Florida
  105  Statutes, is amended to read:
  106         790.065 Sale and delivery of firearms.—
  107         (1)(a) A licensed importer, licensed manufacturer, or
  108  licensed dealer may not sell or deliver from her or his
  109  inventory at her or his licensed premises any firearm to another
  110  person, other than a licensed importer, licensed manufacturer,
  111  licensed dealer, or licensed collector, until she or he has:
  112         1.(a) Obtained a completed form from the potential buyer or
  113  transferee, which form shall have been promulgated by the
  114  Department of Law Enforcement and provided by the licensed
  115  importer, licensed manufacturer, or licensed dealer, which shall
  116  include the name, date of birth, gender, race, and social
  117  security number or other identification number of such potential
  118  buyer or transferee and has inspected proper identification
  119  including an identification containing a photograph of the
  120  potential buyer or transferee.
  121         2.(b) Collected a fee from the potential buyer for
  122  processing the criminal history check of the potential buyer.
  123  The fee shall be established by the Department of Law
  124  Enforcement and may not exceed $8 per transaction. The
  125  Department of Law Enforcement may reduce, or suspend collection
  126  of, the fee to reflect payment received from the Federal
  127  Government applied to the cost of maintaining the criminal
  128  history check system established by this section as a means of
  129  facilitating or supplementing the National Instant Criminal
  130  Background Check System. The Department of Law Enforcement
  131  shall, by rule, establish procedures for the fees to be
  132  transmitted by the licensee to the Department of Law
  133  Enforcement. All such fees shall be deposited into the
  134  Department of Law Enforcement Operating Trust Fund, but shall be
  135  segregated from all other funds deposited into such trust fund
  136  and must be accounted for separately. Such segregated funds must
  137  not be used for any purpose other than the operation of the
  138  criminal history checks required by this section. The Department
  139  of Law Enforcement, each year prior to February 1, shall make a
  140  full accounting of all receipts and expenditures of such funds
  141  to the President of the Senate, the Speaker of the House of
  142  Representatives, the majority and minority leaders of each house
  143  of the Legislature, and the chairs of the appropriations
  144  committees of each house of the Legislature. In the event that
  145  the cumulative amount of funds collected exceeds the cumulative
  146  amount of expenditures by more than $2.5 million, excess funds
  147  may be used for the purpose of purchasing soft body armor for
  148  law enforcement officers.
  149         3.(c) Requested, by means of a toll-free telephone call,
  150  the Department of Law Enforcement to conduct a check of the
  151  information as reported and reflected in the Florida Crime
  152  Information Center and National Crime Information Center systems
  153  as of the date of the request.
  154         4.(d) Received a unique approval number for that inquiry
  155  from the Department of Law Enforcement, and recorded the date
  156  and such number on the consent form.
  157         (b) However, if the person purchasing, or receiving
  158  delivery of, the firearm is a holder of a valid concealed
  159  weapons or firearms license pursuant to the provisions of s.
  160  790.06 or holds an active certification from the Criminal
  161  Justice Standards and Training Commission as a “law enforcement
  162  officer,” a “correctional officer,” or a “correctional probation
  163  officer” as defined in s. 943.10(1), (2), (3), (6), (7), (8), or
  164  (9), the provisions of this subsection does do not apply.
  165         (c) This subsection does not apply to the purchase, trade,
  166  or transfer of a rifle or shotgun by a resident of this state
  167  when the resident makes such purchase, trade, or transfer from a
  168  licensed importer, licensed manufacturer, or licensed dealer in
  169  another state.
  170         Section 4. This act shall take effect upon becoming a law.