Florida Senate - 2020                                     SB 634
       By Senator Powell
       30-00226-20                                            2020634__
    1                        A bill to be entitled                      
    2         An act relating to the lawful ownership, possession,
    3         and use of firearms and weapons; amending s. 790.25,
    4         F.S.; prohibiting a person from owning, possessing,
    5         and lawfully using firearms and other weapons,
    6         ammunition, and supplies while engaging in certain
    7         lawful uses if he or she is within a specified
    8         distance of the real property of certain locations;
    9         providing an effective date.
   11  Be It Enacted by the Legislature of the State of Florida:
   13         Section 1. Subsection (3) of section 790.25, Florida
   14  Statutes, is amended to read:
   15         790.25 Lawful ownership, possession, and use of firearms
   16  and other weapons.—
   17         (3) LAWFUL USES.—Sections The provisions of ss. 790.053 and
   18  790.06 do not apply in any the following instances, and, despite
   19  such sections, it is lawful for the following persons to own,
   20  possess, and lawfully use firearms and other weapons,
   21  ammunition, and supplies for lawful purposes:
   22         (a) Members of the Militia, National Guard, Florida State
   23  Defense Force, Army, Navy, Air Force, Marine Corps, Coast Guard,
   24  organized reserves, and other armed forces of the state and of
   25  the United States, when on duty, when training or preparing
   26  themselves for military duty, or while subject to recall or
   27  mobilization.;
   28         (b) Citizens of this state subject to duty in the Armed
   29  Forces under s. 2, Art. X of the State Constitution, under
   30  chapters 250 and 251, and under federal laws, when on duty or
   31  when training or preparing themselves for military duty.;
   32         (c) Persons carrying out or training for emergency
   33  management duties under chapter 252.;
   34         (d) Sheriffs, marshals, prison or jail wardens, police
   35  officers, Florida highway patrol officers, game wardens, revenue
   36  officers, forest officials, special officers appointed under the
   37  provisions of chapter 354, and other peace and law enforcement
   38  officers and their deputies and assistants and full-time paid
   39  peace officers of other states and of the Federal Government who
   40  are carrying out official duties while in this state.;
   41         (e) Officers or employees of the state or United States
   42  duly authorized to carry a concealed weapon.;
   43         (f) Guards or messengers of common carriers, express
   44  companies, armored car carriers, mail carriers, banks, and other
   45  financial institutions, while actually employed in and about the
   46  shipment, transportation, or delivery of any money, treasure,
   47  bullion, bonds, or other thing of value within this state.;
   48         (g) Regularly enrolled members of any organization duly
   49  authorized to purchase or receive weapons from the United States
   50  or from this state, or regularly enrolled members of clubs
   51  organized for target, skeet, or trap shooting, while at or going
   52  to or from shooting practice; or regularly enrolled members of
   53  clubs organized for modern or antique firearms collecting, while
   54  such members are at or going to or from their collectors’ gun
   55  shows, conventions, or exhibits.;
   56         (h) A person engaged in fishing, camping, or lawful hunting
   57  or going to or returning from a fishing, camping, or lawful
   58  hunting expedition. A lawful activity under this paragraph may
   59  not be conducted within 1,500 feet of the real property
   60  comprising any school, house of worship, government building, or
   61  guarded beach.;
   62         (i) A person engaged in the business of manufacturing,
   63  repairing, or dealing in firearms, or the agent or
   64  representative of any such person while engaged in the lawful
   65  course of such business.;
   66         (j) A person firing weapons for testing or target practice
   67  under safe conditions and in a safe place not prohibited by law
   68  or going to or from such place.;
   69         (k) A person firing weapons in a safe and secure indoor
   70  range for testing and target practice.;
   71         (l) A person traveling by private conveyance when the
   72  weapon is securely encased or in a public conveyance when the
   73  weapon is securely encased and not in the person’s manual
   74  possession.;
   75         (m) A person while carrying a pistol unloaded and in a
   76  secure wrapper, concealed or otherwise, from the place of
   77  purchase to his or her home or place of business or to a place
   78  of repair or back to his or her home or place of business.;
   79         (n) A person possessing arms at his or her home or place of
   80  business.;
   81         (o) Investigators employed by the several public defenders
   82  of the state, while actually carrying out official duties,
   83  provided such investigators:
   84         1. Are employed full time;
   85         2. Meet the official training standards for firearms
   86  established by the Criminal Justice Standards and Training
   87  Commission as provided in s. 943.12(5) and the requirements of
   88  ss. 493.6108(1)(a) and 943.13(1)-(4); and
   89         3. Are individually designated by an affidavit of consent
   90  signed by the employing public defender and filed with the clerk
   91  of the circuit court in the county in which the employing public
   92  defender resides.
   93         (p) Investigators employed by the capital collateral
   94  regional counsel, while actually carrying out official duties,
   95  provided such investigators:
   96         1. Are employed full time;
   97         2. Meet the official training standards for firearms as
   98  established by the Criminal Justice Standards and Training
   99  Commission as provided in s. 943.12(1) and the requirements of
  100  ss. 493.6108(1)(a) and 943.13(1)-(4); and
  101         3. Are individually designated by an affidavit of consent
  102  signed by the capital collateral regional counsel and filed with
  103  the clerk of the circuit court in the county in which the
  104  investigator is headquartered.
  105         (q)1. A tactical medical professional who is actively
  106  operating in direct support of a tactical operation by a law
  107  enforcement agency provided that:
  108         a. The tactical medical professional is lawfully able to
  109  possess firearms and has an active concealed weapons permit
  110  issued pursuant to s. 790.06;.
  111         b. The tactical medical professional is appointed to a law
  112  enforcement tactical team of a law enforcement agency by the
  113  head of the law enforcement agency;.
  114         c. The law enforcement agency has an established policy
  115  providing for the appointment, training, and deployment of the
  116  tactical medical professional;.
  117         d. The tactical medical professional successfully completes
  118  a firearms safety training and tactical training as established
  119  or designated by the appointing law enforcement agency; and.
  120         e. The law enforcement agency provides and the tactical
  121  medical professional participates in annual firearm training and
  122  tactical training.
  123         2. While actively operating in direct support of a tactical
  124  operation by a law enforcement agency, a tactical medical
  125  professional:
  126         a. May carry a firearm in the same manner as a law
  127  enforcement officer, as defined in s. 943.10 and,
  128  notwithstanding any other law, at any place a tactical law
  129  enforcement operation occurs;.
  130         b. Has no duty to retreat and is justified in the use of
  131  any force which he or she reasonably believes is necessary to
  132  defend himself or herself or another from bodily harm; and.
  133         c. Has the same immunities and privileges as a law
  134  enforcement officer, as defined in s. 943.10, in a civil or
  135  criminal action arising out of a tactical law enforcement
  136  operation when acting within the scope of his or her official
  137  duties.
  138         3. This paragraph may not be construed to authorize a
  139  tactical medical professional to carry, transport, or store any
  140  firearm or ammunition on any fire apparatus or EMS vehicle.
  141         4. The appointing law enforcement agency shall issue any
  142  firearm or ammunition that the tactical medical professional
  143  carries in accordance with this paragraph.
  144         5. For the purposes of this paragraph, the term “tactical
  145  medical professional” means a paramedic, as defined in s.
  146  401.23, a physician, as defined in s. 458.305, or an osteopathic
  147  physician, as defined in s. 459.003, who is appointed to provide
  148  direct support to a tactical law enforcement unit by providing
  149  medical services at high-risk incidents, including, but not
  150  limited to, hostage incidents, narcotics raids, hazardous
  151  surveillance, sniper incidents, armed suicidal persons,
  152  barricaded suspects, high-risk felony warrant service, fugitives
  153  refusing to surrender, and active shooter incidents.
  154         Section 2. This act shall take effect July 1, 2020.