CS/CS/HB 517

A bill to be entitled
2An act relating to firearms; amending s. 790.06, F.S.;
3providing that a person in compliance with the terms of a
4concealed carry license may openly carry a handgun
5notwithstanding specified provisions; allowing the
6Division of Licensing of the Department of Agriculture and
7Consumer Services to take fingerprints from concealed
8carry license applicants; providing that a person may not
9openly carry a weapon or firearm or carry a concealed
10weapon or firearm into specified locations; providing that
11concealed carry licensees shall not be prohibited from
12carrying or storing a firearm in a vehicle for lawful
13purposes; providing that a provision limiting the scope of
14a license to carry a concealed weapon or firearm does not
15modify certain exceptions to prohibited acts with respect
16to a person's right to keep and bear arms in motor
17vehicles for certain purposes; repealing s. 790.28, F.S.,
18relating to the purchase of rifles and shotguns in
19contiguous states; amending s. 790.065, F.S.; providing
20that specified provisions do not apply to certain firearms
21transactions by a resident of this state; providing an
22effective date.
24Be It Enacted by the Legislature of the State of Florida:
26     Section 1.  Subsection (1), paragraph (c) of subsection
27(5), and subsection (12) of section 790.06, Florida Statutes,
28are amended to read:
29     790.06  License to carry concealed weapon or firearm.-
30     (1)  The Department of Agriculture and Consumer Services is
31authorized to issue licenses to carry concealed weapons or
32concealed firearms to persons qualified as provided in this
33section. Each such license must bear a color photograph of the
34licensee. For the purposes of this section, concealed weapons or
35concealed firearms are defined as a handgun, electronic weapon
36or device, tear gas gun, knife, or billie, but the term does not
37include a machine gun as defined in s. 790.001(9). Such licenses
38shall be valid throughout the state for a period of 7 years from
39the date of issuance. Any person in compliance with the terms of
40such license may carry a concealed weapon or concealed firearm
41notwithstanding the provisions of s. 790.01 or may openly carry
42a handgun, as defined in s. 790.0655, notwithstanding s.
43790.053. The licensee must carry the license, together with
44valid identification, at all times in which the licensee is in
45actual possession of a concealed weapon or firearm and must
46display both the license and proper identification upon demand
47by a law enforcement officer. A violation Violations of the
48provisions of this subsection shall constitute a noncriminal
49violation with a penalty of $25, payable to the clerk of the
51     (5)  The applicant shall submit to the Department of
52Agriculture and Consumer Services:
53     (c)  A full set of fingerprints of the applicant
54administered by a law enforcement agency or the Division of
55Licensing of the Department of Agriculture and Consumer
57     (12)(a)  A No license issued under pursuant to this section
58does not shall authorize any person to openly carry a handgun or
59carry a concealed weapon 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
65would preclude a judge from carrying a concealed weapon or
66determining who will carry a concealed weapon in his or her
68     6.  Any polling place;
69     7.  Any meeting of the governing body of a county, public
70school district, municipality, or special district;
71     8.  Any meeting of the Legislature or a committee thereof;
72     9.  Any school, college, or professional athletic event not
73related to firearms;
74     10.  Any elementary or secondary school facility or
75administration building;
76     11.  Any career center;
77     12.  Any portion of an establishment licensed to dispense
78alcoholic beverages for consumption on the premises, which
79portion of the establishment is primarily devoted to such
80purpose; any elementary or secondary school facility; any career
82     13.  Any college or university facility unless the licensee
83is a registered student, employee, or faculty member of such
84college or university and the weapon is a stun gun or nonlethal
85electric weapon or device designed solely for defensive purposes
86and the weapon does not fire a dart or projectile;
87     14.  The inside of the passenger terminal and sterile area
88of any airport, provided that no person shall be prohibited from
89carrying any legal firearm into the terminal, which firearm is
90encased for shipment for purposes of checking such firearm as
91baggage to be lawfully transported on any aircraft; or
92     15.  Any place where the carrying of firearms is prohibited
93by federal law.
94     (b)  A person licensed under this section shall not be
95prohibited from carrying or storing a firearm in a vehicle for
96lawful purposes.
97     (c)  This subsection does not modify the terms or
98conditions of s. 790.251(7).
99     (d)  Any person who knowingly and willfully violates any
100provision of this subsection commits a misdemeanor of the second
101degree, punishable as provided in s. 775.082 or s. 775.083.
102     Section 2.  Section 790.28, Florida Statutes, is repealed.
103     Section 3.  Subsection (1) of section 790.065, Florida
104Statutes, is amended to read:
105     790.065  Sale and delivery of firearms.-
106     (1)(a)  A licensed importer, licensed manufacturer, or
107licensed dealer may not sell or deliver from her or his
108inventory at her or his licensed premises any firearm to another
109person, other than a licensed importer, licensed manufacturer,
110licensed dealer, or licensed collector, until she or he has:
111     1.(a)  Obtained a completed form from the potential buyer
112or transferee, which form shall have been promulgated by the
113Department of Law Enforcement and provided by the licensed
114importer, licensed manufacturer, or licensed dealer, which shall
115include the name, date of birth, gender, race, and social
116security number or other identification number of such potential
117buyer or transferee and has inspected proper identification
118including an identification containing a photograph of the
119potential buyer or transferee.
120     2.(b)  Collected a fee from the potential buyer for
121processing the criminal history check of the potential buyer.
122The fee shall be established by the Department of Law
123Enforcement and may not exceed $8 per transaction. The
124Department of Law Enforcement may reduce, or suspend collection
125of, the fee to reflect payment received from the Federal
126Government applied to the cost of maintaining the criminal
127history check system established by this section as a means of
128facilitating or supplementing the National Instant Criminal
129Background Check System. The Department of Law Enforcement
130shall, by rule, establish procedures for the fees to be
131transmitted by the licensee to the Department of Law
132Enforcement. All such fees shall be deposited into the
133Department of Law Enforcement Operating Trust Fund, but shall be
134segregated from all other funds deposited into such trust fund
135and must be accounted for separately. Such segregated funds must
136not be used for any purpose other than the operation of the
137criminal history checks required by this section. The Department
138of Law Enforcement, each year prior to February 1, shall make a
139full accounting of all receipts and expenditures of such funds
140to the President of the Senate, the Speaker of the House of
141Representatives, the majority and minority leaders of each house
142of the Legislature, and the chairs of the appropriations
143committees of each house of the Legislature. In the event that
144the cumulative amount of funds collected exceeds the cumulative
145amount of expenditures by more than $2.5 million, excess funds
146may be used for the purpose of purchasing soft body armor for
147law enforcement officers.
148     3.(c)  Requested, by means of a toll-free telephone call,
149the Department of Law Enforcement to conduct a check of the
150information as reported and reflected in the Florida Crime
151Information Center and National Crime Information Center systems
152as of the date of the request.
153     4.(d)  Received a unique approval number for that inquiry
154from the Department of Law Enforcement, and recorded the date
155and such number on the consent form.
156     (b)  However, if the person purchasing, or receiving
157delivery of, the firearm is a holder of a valid concealed
158weapons or firearms license pursuant to the provisions of s.
159790.06 or holds an active certification from the Criminal
160Justice Standards and Training Commission as a "law enforcement
161officer," a "correctional officer," or a "correctional probation
162officer" as defined in s. 943.10(1), (2), (3), (6), (7), (8), or
163(9), the provisions of this subsection does do not apply.
164     (c)  This subsection does not apply to the purchase, trade,
165or transfer of a rifle or shotgun by a resident of this state
166when the resident makes such purchase, trade, or transfer from a
167licensed importer, licensed manufacturer, or licensed dealer in
168another state.
169     Section 4.  This act shall take effect upon becoming a law.

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