Florida Senate - 2021 SB 1882 By Senator Rodrigues 27-01690-21 20211882__ 1 A bill to be entitled 2 An act relating to issuance of licenses to carry 3 concealed weapons or firearms; amending s. 790.06, 4 F.S.; requiring the Department of Agriculture and 5 Consumer Services to continually maintain an online 6 application process for the issuance of licenses; 7 prohibiting the department from arbitrarily or 8 subjectively restricting access to the online 9 application process; providing for an award of 10 reasonable costs and attorney fees in successful 11 actions against the department to enforce specified 12 provisions; providing an effective date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1. Subsection (15) of section 790.06, Florida 17 Statutes, is amended to read: 18 790.06 License to carry concealed weapon or firearm.— 19 (15)(a) The Legislature finds as a matter of public policy 20 and fact that it is necessary to provide statewide uniform 21 standards for issuing licenses to carry concealed weapons and 22 firearms for self-defense and finds it necessary to occupy the 23 field of regulation of the bearing of concealed weapons or 24 firearms for self-defense to ensure that no honest, law-abiding 25 person who qualifies under the provisions of this section is 26 subjectively or arbitrarily denied his or her rights. 27 (b) The Department of Agriculture and Consumer Services 28 shall implement and administer
the provisions ofthis section. 29 The Department of Agriculture and Consumer Services must 30 continually maintain an online application process for the 31 issuance of licenses provided for in this section and may not 32 arbitrarily or subjectively restrict access to the online 33 application process. The Legislature does not delegate to the 34 Department of Agriculture and Consumer Services the authority to 35 regulate or restrict the issuing of licenses provided for in 36 this section, beyond those provisions contained in this section. 37 Subjective or arbitrary actions or rules which encumber the 38 issuing process by placing burdens on the applicant beyond those 39 sworn statements and specified documents detailed in this 40 section or which create restrictions beyond those specified in 41 this section are in conflict with the intent of this section and 42 are prohibited. 43 (c) In a civil action to enforce any provision of this 44 subsection, upon a finding of a violation by the Department of 45 Agriculture and Consumer Services, the court shall award the 46 prevailing party reasonable attorney fees and costs in addition 47 to any other relief. 48 (d) This section shall be liberally construed to carry out 49 the constitutional right to bear arms for self-defense. This 50 section is supplemental and additional to existing rights to 51 bear arms, and nothing in this section shall impair or diminish 52 such rights. 53 Section 2. This act shall take effect July 1, 2021.