Florida Senate - 2016                                    SB 1140
       By Senator Bullard
       39-01507-16                                           20161140__
    1                        A bill to be entitled                      
    2         An act relating to concealed weapon or firearm
    3         licensees; amending s. 790.06, F.S.; requiring a
    4         concealed weapon or firearm licensee to provide
    5         certain information and display the license and proper
    6         identification when approached by a first responder;
    7         increasing the fine amount for a violation of such
    8         requirement; specifying requirements for firearm
    9         safety and training courses; requiring firearm course
   10         instructors to maintain records attesting to the use
   11         of live fire with specified firearms and ammunition by
   12         students in his or her physical presence; requiring
   13         that a license be suspended or revoked upon a second
   14         or subsequent violation of such requirement; providing
   15         an effective date.
   17  Be It Enacted by the Legislature of the State of Florida:
   19         Section 1. Subsection (1) and paragraph (h) of subsection
   20  (2) of section 790.06, Florida Statutes, are amended, and
   21  paragraph (i) is added to subsection (10) of that section, to
   22  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, the term “concealed
   29  weapons or concealed firearms” means are defined as a handgun,
   30  electronic weapon or device, tear gas gun, knife, or billie, but
   31  the term does not include a machine gun as defined in s.
   32  790.001(9). Such licenses shall be valid throughout the state
   33  for a period of 7 years after from the date of issuance. A Any
   34  person in compliance with the terms of such license may carry a
   35  concealed weapon or concealed firearm notwithstanding the
   36  provisions of s. 790.01. 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. The licensee must state that he or she is in possession
   40  of a concealed weapon or firearm and must display both the
   41  license and proper identification when approached by or upon
   42  demand by a first responder as defined in s. 112.1815 law
   43  enforcement officer. A violation Violations of the provisions of
   44  this subsection constitutes shall constitute a noncriminal
   45  violation with a penalty of $1,000 $25, payable to the clerk of
   46  the court.
   47         (2) The Department of Agriculture and Consumer Services
   48  shall issue a license if the applicant:
   49         (h) Demonstrates competence with a firearm by any one of
   50  the following:
   51         1. Completion of any hunter education or hunter safety
   52  course approved by the Fish and Wildlife Conservation Commission
   53  or a similar agency of another state;
   54         2. Completion of any National Rifle Association firearms
   55  safety or training course;
   56         3. Completion of any firearms safety or training course or
   57  class available to the general public offered by a law
   58  enforcement, junior college, college, or private or public
   59  institution or organization or firearms training school,
   60  utilizing instructors certified by the National Rifle
   61  Association, Criminal Justice Standards and Training Commission,
   62  or the Department of Agriculture and Consumer Services;
   63         4. Completion of any law enforcement firearms safety or
   64  training course or class offered for security guards,
   65  investigators, special deputies, or any division or subdivision
   66  of law enforcement or security enforcement;
   67         5. Presents evidence of equivalent experience with a
   68  firearm through participation in organized shooting competition
   69  or military service;
   70         6. Is licensed or has been licensed to carry a firearm in
   71  this state or a county or municipality of this state, unless
   72  such license has been revoked for cause; or
   73         7. Completion of any firearms safety or training or safety
   74  course or class conducted by a state-certified or National Rifle
   75  Association certified firearms instructor;
   77  Any course or class under this paragraph must include a minimum
   78  of 6 hours of certified firearm training and 6 hours of gun
   79  safety education. A photocopy of a certificate of completion of
   80  any of the courses or classes; or an affidavit from the
   81  instructor, school, club, organization, or group that conducted
   82  or taught such said course or class attesting to the completion
   83  of the course or class by the applicant; or a copy of any
   84  document that which shows completion of the course or class or
   85  evidences participation in firearms competition shall constitute
   86  evidence of qualification under this paragraph. A; any person
   87  who conducts a course or class pursuant to subparagraph 2.,
   88  subparagraph 3., or subparagraph 7., or who, as an instructor,
   89  attests to the completion of such course or class courses, must
   90  maintain records certifying that he or she observed the student
   91  safely handle and discharge the firearm in his or her physical
   92  presence and that the discharge of the firearm included live
   93  fire using a firearm and ammunition as defined in s. 790.001;
   94         (10) A license issued under this section shall be suspended
   95  or revoked pursuant to chapter 120 if the licensee:
   96         (i)Commits a second or subsequent violation of subsection
   97  (1).
   98         Section 2. This act shall take effect July 1, 2016.