Florida Senate - 2018 SB 148 By Senator Steube 23-00015-18 2018148__ 1 A bill to be entitled 2 An act relating to weapons and firearms; amending s. 3 790.053, F.S.; deleting a statement of applicability 4 relating to violations of carrying a concealed weapon 5 or firearm; reducing the penalties applicable to a 6 person licensed to carry a concealed weapon or firearm 7 for a first or second violation of specified 8 provisions relating to openly carrying weapons; making 9 a fine payable to the clerk of the court; amending s. 10 790.06, F.S.; providing that a person licensed to 11 carry a concealed weapon or firearm does not violate 12 certain provisions if the firearm is temporarily and 13 openly displayed; reenacting ss. 943.051(3)(b) and 14 985.11(1)(b), F.S., both relating to fingerprinting of 15 a minor for violating specified provisions, to 16 incorporate the amendment made to s. 790.053, F.S., in 17 references thereto; providing an effective date. 18 19 Be It Enacted by the Legislature of the State of Florida: 20 21 Section 1. Section 790.053, Florida Statutes, is amended to 22 read: 23 790.053 Open carrying of weapons.— 24 (1) Except as otherwise provided by law and in subsection 25 (2), it is unlawful for any person to openly carry on or about 26 his or her person any firearm or electric weapon or device.
It27 is not a violation of this section for a person licensed to28 carry a concealed firearm as provided in s. 790.06(1), and who29 is lawfully carrying a firearm in a concealed manner, to briefly30 and openly display the firearm to the ordinary sight of another31 person, unless the firearm is intentionally displayed in an32 angry or threatening manner, not in necessary self-defense.33 (2) A person may openly carry, for purposes of lawful self 34 defense: 35 (a) A self-defense chemical spray. 36 (b) A nonlethal stun gun or dart-firing stun gun or other 37 nonlethal electric weapon or device that is designed solely for 38 defensive purposes. 39 (3)(a) A Anyperson violating this section who is not 40 licensed under s. 790.06 commits a misdemeanor of the second 41 degree, punishable as provided in s. 775.082 or s. 775.083. 42 (b) A person violating this section who is licensed under 43 s. 790.06 commits: 44 1. A noncriminal violation with a penalty of: 45 a. Twenty-five dollars, payable to the clerk of the court, 46 for a first violation; or 47 b. Five hundred dollars, payable to the clerk of court, for 48 a second violation. 49 2. A misdemeanor of the second degree, punishable as 50 provided in s. 775.082 or s. 775.083, for a third or subsequent 51 violation. 52 Section 2. Subsection (1) of section 790.06, Florida 53 Statutes, is amended to read: 54 790.06 License to carry concealed weapon or firearm.— 55 (1) The Department of Agriculture and Consumer Services is 56 authorized to issue licenses to carry concealed weapons or 57 concealed firearms to persons qualified as provided in this 58 section. Each such license must bear a color photograph of the 59 licensee. For the purposes of this section, concealed weapons or 60 concealed firearms are defined as a handgun, electronic weapon 61 or device, tear gas gun, knife, or billie, but the term does not 62 include a machine gun as defined in s. 790.001(9). Such licenses 63 shall be valid throughout the state for a period of 7 years 64 after fromthe date of issuance. Any person in compliance with 65 the terms of such license may carry a concealed weapon or 66 concealed firearm notwithstanding the provisions of s. 790.01. 67 The licensee must carry the license, together with valid 68 identification, at all times in which the licensee is in actual 69 possession of a concealed weapon or firearm and must display 70 both the license and proper identification upon demand by a law 71 enforcement officer. A person licensed to carry a concealed 72 firearm under this section whose firearm is temporarily and 73 openly displayed to the ordinary sight of another person does 74 not violate s. 790.053 and may not be arrested or charged with a 75 noncriminal or criminal violation of s. 790.053. Violations of 76 the provisions of this subsection shall constitute a noncriminal 77 violation with a penalty of $25, payable to the clerk of the 78 court. 79 Section 3. For the purpose of incorporating the amendment 80 made by this act to section 790.053, Florida Statutes, in a 81 reference thereto, paragraph (b) of subsection (3) of section 82 943.051, Florida Statutes, is reenacted to read: 83 943.051 Criminal justice information; collection and 84 storage; fingerprinting.— 85 (3) 86 (b) A minor who is charged with or found to have committed 87 the following offenses shall be fingerprinted and the 88 fingerprints shall be submitted electronically to the 89 department, unless the minor is issued a civil citation pursuant 90 to s. 985.12: 91 1. Assault, as defined in s. 784.011. 92 2. Battery, as defined in s. 784.03. 93 3. Carrying a concealed weapon, as defined in s. 790.01(1). 94 4. Unlawful use of destructive devices or bombs, as defined 95 in s. 790.1615(1). 96 5. Neglect of a child, as defined in s. 827.03(1)(e). 97 6. Assault or battery on a law enforcement officer, a 98 firefighter, or other specified officers, as defined in s. 99 784.07(2)(a) and (b). 100 7. Open carrying of a weapon, as defined in s. 790.053. 101 8. Exposure of sexual organs, as defined in s. 800.03. 102 9. Unlawful possession of a firearm, as defined in s. 103 790.22(5). 104 10. Petit theft, as defined in s. 812.014(3). 105 11. Cruelty to animals, as defined in s. 828.12(1). 106 12. Arson, as defined in s. 806.031(1). 107 13. Unlawful possession or discharge of a weapon or firearm 108 at a school-sponsored event or on school property, as provided 109 in s. 790.115. 110 Section 4. For the purpose of incorporating the amendment 111 made by this act to section 790.053, Florida Statutes, in a 112 reference thereto, paragraph (b) of subsection (1) of section 113 985.11, Florida Statutes, is reenacted to read: 114 985.11 Fingerprinting and photographing.— 115 (1) 116 (b) Unless the child is issued a civil citation or is 117 participating in a similar diversion program pursuant to s. 118 985.12, a child who is charged with or found to have committed 119 one of the following offenses shall be fingerprinted, and the 120 fingerprints shall be submitted to the Department of Law 121 Enforcement as provided in s. 943.051(3)(b): 122 1. Assault, as defined in s. 784.011. 123 2. Battery, as defined in s. 784.03. 124 3. Carrying a concealed weapon, as defined in s. 790.01(1). 125 4. Unlawful use of destructive devices or bombs, as defined 126 in s. 790.1615(1). 127 5. Neglect of a child, as defined in s. 827.03(1)(e). 128 6. Assault on a law enforcement officer, a firefighter, or 129 other specified officers, as defined in s. 784.07(2)(a). 130 7. Open carrying of a weapon, as defined in s. 790.053. 131 8. Exposure of sexual organs, as defined in s. 800.03. 132 9. Unlawful possession of a firearm, as defined in s. 133 790.22(5). 134 10. Petit theft, as defined in s. 812.014. 135 11. Cruelty to animals, as defined in s. 828.12(1). 136 12. Arson, resulting in bodily harm to a firefighter, as 137 defined in s. 806.031(1). 138 13. Unlawful possession or discharge of a weapon or firearm 139 at a school-sponsored event or on school property as defined in 140 s. 790.115. 141 142 A law enforcement agency may fingerprint and photograph a child 143 taken into custody upon probable cause that such child has 144 committed any other violation of law, as the agency deems 145 appropriate. Such fingerprint records and photographs shall be 146 retained by the law enforcement agency in a separate file, and 147 these records and all copies thereof must be marked “Juvenile 148 Confidential.” These records are not available for public 149 disclosure and inspection under s. 119.07(1) except as provided 150 in ss. 943.053 and 985.04(2), but shall be available to other 151 law enforcement agencies, criminal justice agencies, state 152 attorneys, the courts, the child, the parents or legal 153 custodians of the child, their attorneys, and any other person 154 authorized by the court to have access to such records. In 155 addition, such records may be submitted to the Department of Law 156 Enforcement for inclusion in the state criminal history records 157 and used by criminal justice agencies for criminal justice 158 purposes. These records may, in the discretion of the court, be 159 open to inspection by anyone upon a showing of cause. The 160 fingerprint and photograph records shall be produced in the 161 court whenever directed by the court. Any photograph taken 162 pursuant to this section may be shown by a law enforcement 163 officer to any victim or witness of a crime for the purpose of 164 identifying the person who committed such crime. 165 Section 5. This act shall take effect July 1, 2018.