Florida Senate - 2015                                     SB 822
       By Senator Smith
       31-01077-15                                            2015822__
    1                        A bill to be entitled                      
    2         An act relating to carrying a concealed weapon or a
    3         concealed firearm; creating s. 776.001, F.S.;
    4         providing legislative intent regarding the justifiable
    5         use of force; amending s. 776.041, F.S.; clarifying
    6         what constitutes provocation in the determination of
    7         applicability of the justified use of force provision;
    8         amending s. 790.01, F.S.; providing an exemption from
    9         criminal penalties for a person carrying a concealed
   10         weapon or a concealed firearm when evacuating pursuant
   11         to a mandatory evacuation order during a declared
   12         state of emergency; reenacting s. 790.02, 790.06(1),
   13         790.25(5), and 921.0022(3)(e), F.S., to incorporate
   14         the amendment made to s. 790.01, F.S., in references
   15         thereto; providing an effective date.
   17  Be It Enacted by the Legislature of the State of Florida:
   19         Section 1. Section 776.001, Florida Statutes, is created to
   20  read:
   21         776.001Justifiable use of force; legislative intent.—The
   22  use of force authorized by this chapter is not intended to
   23  encourage vigilantism or acts of revenge, authorize the
   24  initiation of a confrontation as a pretext to responding with
   25  deadly force, or negate a duty to retreat for persons engaged in
   26  unlawful mutual combat.
   27         Section 2. Subsection (2) of section 776.041, Florida
   28  Statutes, is amended to read:
   29         776.041 Use or threatened use of force by aggressor.—The
   30  justification described in the preceding sections of this
   31  chapter is not available to a person who:
   32         (2) Initially provokes the use or threatened use of force
   33  against himself or herself, unless:
   34         (a) Such force or threat of force is so great that the
   35  person reasonably believes that he or she is in imminent danger
   36  of death or great bodily harm and that he or she has exhausted
   37  every reasonable means to escape such danger other than the use
   38  or threatened use of force which is likely to cause death or
   39  great bodily harm to the assailant; or
   40         (b) In good faith, the person withdraws from physical
   41  contact with the assailant and indicates clearly to the
   42  assailant that he or she desires to withdraw and terminate the
   43  use or threatened use of force, but the assailant continues or
   44  resumes the use or threatened use of force.
   46  For purposes of this subsection, provocation must include the
   47  use of force or threat of force.
   48         Section 3. Section 790.01, Florida Statutes, is amended to
   49  read:
   50         790.01 Unlicensed carrying of concealed weapons or
   51  concealed firearms.—
   52         (1) Except as provided in subsection (3) (4), a person who
   53  is not licensed under s. 790.06 and who carries a concealed
   54  weapon or electric weapon or device on or about his or her
   55  person commits a misdemeanor of the first degree, punishable as
   56  provided in s. 775.082 or s. 775.083.
   57         (2) Except as provided in subsection (3), a person who is
   58  not licensed under s. 790.06 and who carries a concealed firearm
   59  on or about his or her person commits a felony of the third
   60  degree, punishable as provided in s. 775.082, s. 775.083, or s.
   61  775.084.
   62         (3) This section does not apply to:
   63         (a) A person who carries a concealed weapon, or a person
   64  who may lawfully possess a firearm and who carries a concealed
   65  firearm, on or about his or her person while in the act of
   66  evacuating during a mandatory evacuation order issued during a
   67  state of emergency declared by the Governor pursuant to chapter
   68  252 or declared by a local authority pursuant to chapter 870 a
   69  person licensed to carry a concealed weapon or a concealed
   70  firearm pursuant to the provisions of s. 790.06.
   71         (b)(4)It is not a violation of this section for A person
   72  who carries to carry for purposes of lawful self-defense, in a
   73  concealed manner:
   74         1.(a) A self-defense chemical spray.
   75         2.(b) A nonlethal stun gun or dart-firing stun gun or other
   76  nonlethal electric weapon or device that is designed solely for
   77  defensive purposes.
   78         (4)(5) This section does not preclude any prosecution for
   79  the use of an electric weapon or device, a dart-firing stun gun,
   80  or a self-defense chemical spray during the commission of any
   81  criminal offense under s. 790.07, s. 790.10, s. 790.23, or s.
   82  790.235, or for any other criminal offense.
   83         Section 4. For the purpose of incorporating the amendment
   84  made by this act to section 790.01, Florida Statutes, in a
   85  reference thereto, section 790.02, Florida Statutes, is
   86  reenacted to read:
   87         790.02 Officer to arrest without warrant and upon probable
   88  cause.—The carrying of a concealed weapon is declared a breach
   89  of peace, and any officer authorized to make arrests under the
   90  laws of this state may make arrests without warrant of persons
   91  violating the provisions of s. 790.01 when said officer has
   92  reasonable grounds or probable cause to believe that the offense
   93  of carrying a concealed weapon is being committed.
   94         Section 5. For the purpose of incorporating the amendment
   95  made by this act to section 790.01, Florida Statutes, in a
   96  reference thereto, subsection (1) of section 790.06, Florida
   97  Statutes, is reenacted to read:
   98         790.06 License to carry concealed weapon or firearm.—
   99         (1) The Department of Agriculture and Consumer Services is
  100  authorized to issue licenses to carry concealed weapons or
  101  concealed firearms to persons qualified as provided in this
  102  section. Each such license must bear a color photograph of the
  103  licensee. For the purposes of this section, concealed weapons or
  104  concealed firearms are defined as a handgun, electronic weapon
  105  or device, tear gas gun, knife, or billie, but the term does not
  106  include a machine gun as defined in s. 790.001(9). Such licenses
  107  shall be valid throughout the state for a period of 7 years from
  108  the date of issuance. Any person in compliance with the terms of
  109  such license may carry a concealed weapon or concealed firearm
  110  notwithstanding the provisions of s. 790.01. The licensee must
  111  carry the license, together with valid identification, at all
  112  times in which the licensee is in actual possession of a
  113  concealed weapon or firearm and must display both the license
  114  and proper identification upon demand by a law enforcement
  115  officer. Violations of the provisions of this subsection shall
  116  constitute a noncriminal violation with a penalty of $25,
  117  payable to the clerk of the court.
  118         Section 6. For the purpose of incorporating the amendment
  119  made by this act to section 790.01, Florida Statutes, in a
  120  reference thereto, subsection (5) of section 790.25, Florida
  121  Statutes, is reenacted to read:
  122         790.25 Lawful ownership, possession, and use of firearms
  123  and other weapons.—
  124         (5) POSSESSION IN PRIVATE CONVEYANCE.—Notwithstanding
  125  subsection (2), it is lawful and is not a violation of s. 790.01
  126  for a person 18 years of age or older to possess a concealed
  127  firearm or other weapon for self-defense or other lawful purpose
  128  within the interior of a private conveyance, without a license,
  129  if the firearm or other weapon is securely encased or is
  130  otherwise not readily accessible for immediate use. Nothing
  131  herein contained prohibits the carrying of a legal firearm other
  132  than a handgun anywhere in a private conveyance when such
  133  firearm is being carried for a lawful use. Nothing herein
  134  contained shall be construed to authorize the carrying of a
  135  concealed firearm or other weapon on the person. This subsection
  136  shall be liberally construed in favor of the lawful use,
  137  ownership, and possession of firearms and other weapons,
  138  including lawful self-defense as provided in s. 776.012.
  139         Section 7. For the purpose of incorporating the amendment
  140  made by this act to section 790.01, Florida Statutes, in a
  141  reference thereto, paragraph (e) of subsection (3) of section
  142  921.0022, Florida Statutes, is reenacted to read:
  143         921.0022 Criminal Punishment Code; offense severity ranking
  144  chart.—
  146         (e) LEVEL 5
  148  FloridaStatute              FelonyDegree        Description        
  149  316.027(2)(a)                    3rd     Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
  150  316.1935(4)(a)                   2nd     Aggravated fleeing or eluding.
  151  322.34(6)                        3rd     Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
  152  327.30(5)                        3rd     Vessel accidents involving personal injury; leaving scene.
  153  379.367(4)                       3rd     Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
  154  379.3671 (2)(c)3.                3rd     Willful molestation, possession, or removal of a commercial harvester’s trap contents or trap gear by another harvester.
  155  381.0041(11)(b)                  3rd     Donate blood, plasma, or organs knowing HIV positive.
  156  440.10(1)(g)                     2nd     Failure to obtain workers’ compensation coverage.
  157  440.105(5)                       2nd     Unlawful solicitation for the purpose of making workers’ compensation claims.
  158  440.381(2)                       2nd     Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
  159  624.401(4)(b)2.                  2nd     Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
  160  626.902(1)(c)                    2nd     Representing an unauthorized insurer; repeat offender.
  161  790.01(2)                        3rd     Carrying a concealed firearm.
  162  790.162                          2nd     Threat to throw or discharge destructive device.
  163  790.163(1)                       2nd     False report of deadly explosive or weapon of mass destruction.
  164  790.221(1)                       2nd     Possession of short-barreled shotgun or machine gun.
  165  790.23                           2nd     Felons in possession of firearms, ammunition, or electronic weapons or devices.
  166  796.05(1)                        2nd     Live on earnings of a prostitute; 1st offense.
  167  800.04(6)(c)                     3rd     Lewd or lascivious conduct; offender less than 18 years of age.
  168  800.04(7)(b)                     2nd     Lewd or lascivious exhibition; offender 18 years of age or older.
  169  806.111(1)                       3rd     Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
  170  812.0145(2)(b)                   2nd     Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
  171  812.015(8)                       3rd     Retail theft; property stolen is valued at $300 or more and one or more specified acts.
  172  812.019(1)                       2nd     Stolen property; dealing in or trafficking in.
  173  812.131(2)(b)                    3rd     Robbery by sudden snatching.
  174  812.16(2)                        3rd     Owning, operating, or conducting a chop shop.
  175  817.034(4)(a)2.                  2nd     Communications fraud, value $20,000 to $50,000.
  176  817.234(11)(b)                   2nd     Insurance fraud; property value $20,000 or more but less than $100,000.
  177  817.2341(1), (2)(a) & (3)(a)     3rd     Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity.
  178  817.568(2)(b)                    2nd     Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more individuals.
  179  817.625(2)(b)                    2nd     Second or subsequent fraudulent use of scanning device or reencoder.
  180  825.1025(4)                      3rd     Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
  181  827.071(4)                       2nd     Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
  182  827.071(5)                       3rd     Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
  183  839.13(2)(b)                     2nd     Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
  184  843.01                           3rd     Resist officer with violence to person; resist arrest with violence.
  185  847.0135(5)(b)                   2nd     Lewd or lascivious exhibition using computer; offender 18 years or older.
  186  847.0137 (2) & (3)               3rd     Transmission of pornography by electronic device or equipment.
  187  847.0138 (2) & (3)               3rd     Transmission of material harmful to minors to a minor by electronic device or equipment.
  188  874.05(1)(b)                     2nd     Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
  189  874.05(2)(a)                     2nd     Encouraging or recruiting person under 13 years of age to join a criminal gang.
  190  893.13(1)(a)1.                   2nd     Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
  191  893.13(1)(c)2.                   2nd     Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
  192  893.13(1)(d)1.                   1st     Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of university.
  193  893.13(1)(e)2.                   2nd     Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
  194  893.13(1)(f)1.                   1st     Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of public housing facility.
  195  893.13(4)(b)                     2nd     Deliver to minor cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
  196  893.1351(1)                      3rd     Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
  197         Section 8. This act shall take effect July 1, 2015.