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. It
   27  is not a violation of this section for a person licensed to
   28  carry a concealed firearm as provided in s. 790.06(1), and who
   29  is lawfully carrying a firearm in a concealed manner, to briefly
   30  and openly display the firearm to the ordinary sight of another
   31  person, unless the firearm is intentionally displayed in an
   32  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 Any person 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 from the 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.