Bill Amendment: FL S7026 | 2018 | Regular Session

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: Public Safety

Status: 2018-03-09 - Chapter No. 2018-3 [S7026 Detail]

Download: Florida-2018-S7026-Senate_Floor_Amendment_599314_to_Amendment_234288_.html

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       Florida Senate - 2018                          SENATOR AMENDMENT
       Bill No. CS for SB 7026
       
       
       
       
       
       
                                Ì5993140Î599314                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       Senator Campbell moved the following:
       
    1         Senate Amendment to Amendment (234288) (with title
    2  amendment)
    3  
    4         Between lines 337 and 338
    5  insert:
    6         Section 9. Subsection (2) of section 790.06, Florida
    7  Statutes, is amended to read:
    8         790.06 License to carry concealed weapon or firearm.—
    9         (2) The Department of Agriculture and Consumer Services
   10  shall issue a license if the applicant:
   11         (a) Is a resident of the United States and a citizen of the
   12  United States or a permanent resident alien of the United
   13  States, as determined by the United States Bureau of Citizenship
   14  and Immigration Services, or is a consular security official of
   15  a foreign government that maintains diplomatic relations and
   16  treaties of commerce, friendship, and navigation with the United
   17  States and is certified as such by the foreign government and by
   18  the appropriate embassy in this country;
   19         (b) Is 21 years of age or older;
   20         (c) Does not suffer from a physical infirmity that which
   21  prevents the safe handling of a weapon or firearm;
   22         (d) Is not ineligible to possess a firearm pursuant to s.
   23  790.23 by virtue of having been convicted of a felony;
   24         (e) Has not been:
   25         1. Found guilty of a crime under the provisions of chapter
   26  893 or similar laws of any other state relating to controlled
   27  substances within a 3-year period immediately preceding the date
   28  on which the application is submitted; or
   29         2. Committed for the abuse of a controlled substance under
   30  chapter 397 or under the provisions of former chapter 396 or
   31  similar laws of any other state. An applicant who has been
   32  granted relief from firearms disabilities pursuant to s.
   33  790.065(2)(a)4.d. or pursuant to the law of the state in which
   34  the commitment occurred is deemed not to be committed for the
   35  abuse of a controlled substance under this subparagraph;
   36         (f) Does not chronically and habitually use alcoholic
   37  beverages or other substances to the extent that his or her
   38  normal faculties are impaired. It shall be presumed that an
   39  applicant chronically and habitually uses alcoholic beverages or
   40  other substances to the extent that his or her normal faculties
   41  are impaired if the applicant has been convicted under s.
   42  790.151 or has been deemed a habitual offender under s.
   43  856.011(3), or has had two or more convictions under s. 316.193
   44  or similar laws of any other state, within the 3-year period
   45  immediately preceding the date on which the application is
   46  submitted;
   47         (g) Desires a legal means to carry a concealed weapon or
   48  firearm for lawful self-defense;
   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 agency, junior college, college, or private or
   59  public institution or organization or firearms training school,
   60  using instructors certified by the National Rifle Association,
   61  Criminal Justice Standards and Training Commission, or the
   62  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 a law enforcement agency 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 training or safety course or
   74  class conducted by a state-certified or National Rifle
   75  Association certified firearms instructor;
   76  
   77  A photocopy of a certificate of completion of any of the courses
   78  or classes; an affidavit from the instructor, school, club,
   79  organization, or group that conducted or taught such course or
   80  class attesting to the completion of the course or class by the
   81  applicant; or a copy of any document that shows completion of
   82  the course or class or evidences participation in firearms
   83  competition shall constitute evidence of qualification under
   84  this paragraph. A person who conducts a course pursuant to
   85  subparagraph 2., subparagraph 3., or subparagraph 7., or who, as
   86  an instructor, attests to the completion of such courses, must
   87  maintain records certifying that he or she observed the student
   88  safely handle and discharge the firearm in his or her physical
   89  presence and that the discharge of the firearm included live
   90  fire using a firearm and ammunition as defined in s. 790.001;
   91         (i) Has not been adjudicated an incapacitated person under
   92  s. 744.331, or similar laws of any other state. An applicant who
   93  has been granted relief from firearms disabilities pursuant to
   94  s. 790.065(2)(a)4.d. or pursuant to the law of the state in
   95  which the adjudication occurred is deemed not to have been
   96  adjudicated an incapacitated person under this paragraph;
   97         (j) Has not been committed to a mental institution under
   98  chapter 394, or similar laws of any other state. An applicant
   99  who has been granted relief from firearms disabilities pursuant
  100  to s. 790.065(2)(a)4.d. or pursuant to the law of the state in
  101  which the commitment occurred is deemed not to have been
  102  committed in a mental institution under this paragraph;
  103         (k) Has not had adjudication of guilt withheld or
  104  imposition of sentence suspended on any felony unless 3 years
  105  have elapsed since probation or any other conditions set by the
  106  court have been fulfilled, or expunction has occurred;
  107         (l) Has not had adjudication of guilt withheld or
  108  imposition of sentence suspended on any misdemeanor crime of
  109  domestic violence unless 3 years have elapsed since probation or
  110  any other conditions set by the court have been fulfilled, or
  111  the record has been expunged;
  112         (m) Has not been issued an injunction that is currently in
  113  force and effect and that restrains the applicant from
  114  committing acts of domestic violence or acts of repeat violence;
  115  and
  116         (n) Has undergone a mental health evaluation conducted by a
  117  clinical psychologist or a psychiatrist, as those terms are
  118  defined in s. 394.455, and has been determined to be competent
  119  and of sound mind; and
  120         (o)(n) Is not prohibited from purchasing or possessing a
  121  firearm by any other provision of Florida or federal law.
  122  
  123  ================= T I T L E  A M E N D M E N T ================
  124  And the title is amended as follows:
  125         Delete line 2422
  126  and insert:
  127         availability of services; amending s. 790.06, F.S.;
  128         requiring the Department of Agriculture and Consumer
  129         Services to issue a license if, in addition to other
  130         specified criteria, the applicant has undergone a
  131         mental health evaluation conducted by certain licensed
  132         professionals and has been determined to be competent;
  133         creating s. 790.064, F.S.;