Bill Text: FL S0544 | 2014 | Regular Session | Comm Sub

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Bill Title: Licensure to Carry a Concealed Weapon or Firearm

Spectrum: Moderate Partisan Bill (Republican 15-2)

Status: (Introduced - Dead) 2014-04-23 - Laid on Table, companion bill(s) passed, see CS/CS/HB 523 (Ch. 2014-205), CS/HB 525 (Ch. 2014-206) [S0544 Detail]

Download: Florida-2014-S0544-Comm_Sub.html

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       Florida Senate - 2014                       CS for CS for SB 544
       
       
        
       By the Committees on Appropriations; and Agriculture; and
       Senators Simpson, Latvala, Bean, Benacquisto, Hays, Brandes,
       Bradley, Negron, Dean, Evers, Stargel, Galvano, Diaz de la
       Portilla, Grimsley, and Thrasher
       
       
       576-04201-14                                           2014544c2
    1                        A bill to be entitled                      
    2         An act relating to licensure to carry a concealed
    3         weapon or firearm; amending s. 790.06, F.S.;
    4         authorizing an applicant for a license to carry a
    5         concealed weapon or firearm to submit the application
    6         to an appointed tax collector; creating s. 790.0625,
    7         F.S.; defining terms; authorizing the Department of
    8         Agriculture and Consumer Services to appoint tax
    9         collectors to accept applications for new or renewal
   10         licenses to carry a concealed weapon or firearm on
   11         behalf of the Division of Licensing of the Department
   12         of Agriculture and Consumer Services; requiring a tax
   13         collector seeking appointment to submit a written
   14         request to the division; providing requirements for
   15         the request; requiring the division and an appointed
   16         tax collector to enter into a memorandum of
   17         understanding; authorizing the department or the
   18         division to rescind a memorandum of understanding at
   19         any time; providing that certain personal identifying
   20         information of applicants for licensure is
   21         confidential and exempt; establishing license fees for
   22         new and renewal applications; requiring an appointed
   23         tax collector to remit fees to the department;
   24         prohibiting a tax collector from maintaining a list or
   25         record of concealed weapon or firearm licensees or
   26         applicants; prohibiting a person from processing a
   27         concealed weapon or firearm application for a fee or
   28         compensation unless he or she has been appointed by
   29         the department to do so; providing for criminal
   30         penalties; providing an appropriation; authorizing a
   31         specified number of full-time equivalent positions
   32         with associated salary rate within the department;
   33         providing an effective date.
   34          
   35  Be It Enacted by the Legislature of the State of Florida:
   36  
   37         Section 1. Subsection (5) of section 790.06, Florida
   38  Statutes, is amended to read:
   39         790.06 License to carry concealed weapon or firearm.—
   40         (5) The applicant shall submit to the Department of
   41  Agriculture and Consumer Services or an approved tax collector
   42  pursuant to s. 790.0625:
   43         (a) A completed application as described in subsection (4).
   44         (b) A nonrefundable license fee of up not to exceed $70, if
   45  he or she has not previously been issued a statewide license, or
   46  of up a nonrefundable license fee not to exceed $60 for renewal
   47  of a statewide license. The cost of Costs for processing the set
   48  of fingerprints as required in paragraph (c) is shall be borne
   49  by the applicant. However, an individual holding an active
   50  certification from the Criminal Justice Standards and Training
   51  Commission as a “law enforcement officer,” “correctional
   52  officer,” or “correctional probation officer” as defined in s.
   53  943.10(1), (2), (3), (6), (7), (8), or (9) is exempt from the
   54  licensing requirements of this section. If such any individual
   55  holding an active certification from the Criminal Justice
   56  Standards and Training Commission as a “law enforcement
   57  officer,” a “correctional officer,” or a “correctional probation
   58  officer” as defined in s. 943.10(1), (2), (3), (6), (7), (8), or
   59  (9) wishes to receive a concealed weapons or firearms license,
   60  he or she such person is exempt from the background
   61  investigation and all background investigation fees, but must
   62  shall pay the current license fees regularly required to be paid
   63  by nonexempt applicants. Further, a law enforcement officer, a
   64  correctional officer, or a correctional probation officer as
   65  defined in s. 943.10(1), (2), or (3) is exempt from the required
   66  fees and background investigation for a period of 1 year after
   67  his or her subsequent to the date of retirement of said officer
   68  as a law enforcement officer, a correctional officer, or a
   69  correctional probation officer.
   70         (c) A full set of fingerprints of the applicant
   71  administered by a law enforcement agency or the Division of
   72  Licensing of the Department of Agriculture and Consumer Services
   73  or an approved tax collector pursuant to s. 790.0625.
   74         (d) A photocopy of a certificate, or an affidavit, or
   75  document as described in paragraph (2)(h).
   76         (e) A full frontal view color photograph of the applicant
   77  taken within the preceding 30 days, in which the head, including
   78  hair, measures 7/8 of an inch wide and 1 1/8 inches high.
   79         Section 2. Section 790.0625, Florida Statutes, is created
   80  to read:
   81         790.0625 Appointment of tax collectors to accept
   82  applications for a concealed weapon or firearm license; fees;
   83  penalties.–
   84         (1) As used in this section, the term:
   85         (a) “Department” means the Department of Agriculture and
   86  Consumer Services.
   87         (b) “Division” means the Division of Licensing of the
   88  Department of Agriculture and Consumer Services.
   89         (2) The department, at its discretion, may appoint tax
   90  collectors, as defined in s. 1(d) of Art. VIII of the State
   91  Constitution, to accept applications on behalf of the division
   92  for concealed weapon or firearm licenses. Such appointment shall
   93  be for specified locations that will best serve the public
   94  interest and convenience in applying for these licenses.
   95         (3) A tax collector seeking to be appointed to accept
   96  applications for new or renewal concealed weapon or firearm
   97  licenses must submit a written request to the division stating
   98  his or her name, address, telephone number, each location within
   99  the county at which the tax collector wishes to accept
  100  applications, and other information as required by the division.
  101         (a) Upon receipt of a written request, the division shall
  102  review it and at its discretion may decline to enter into a
  103  memorandum of understanding or, if approved, enter into a
  104  memorandum of understanding with the tax collector to accept
  105  applications for new or renewal concealed weapon or firearm
  106  licenses on behalf of the department.
  107         (b) The department or the division may rescind a memorandum
  108  of understanding for any reason at any time.
  109         (4) All personal identifying information that is provided
  110  pursuant to s. 790.06 and contained in the records of a tax
  111  collector appointed under this section is confidential and
  112  exempt as provided in s. 790.0601.
  113         (5) A tax collector appointed under this section may
  114  collect and retain a convenience fee of $22 for each new
  115  application and $12 for each renewal and shall remit weekly to
  116  the department the license fees for deposit in the Division of
  117  Licensing Trust Fund.
  118         (6)(a) A tax collector appointed under this section may not
  119  maintain a list or record of persons who apply for or are
  120  granted a new or renewal license to carry a concealed weapon or
  121  firearm. A violation of this paragraph is subject to s. 790.335.
  122         (b) A person may not handle an application for a concealed
  123  weapon or firearm for a fee or compensation of any kind unless
  124  he or she has been appointed by the department to do so.
  125         (7) A person who willfully violates this section commits a
  126  misdemeanor of the second degree, punishable as provided in s.
  127  775.082 or s. 775.083.
  128         Section 3. For the 2014-2015 fiscal year, there is
  129  appropriated to the Department of Agriculture and Consumer
  130  Services the sums of $736,608 in recurring and $105,503 in
  131  nonrecurring funds from the Division of Licensing Trust Fund,
  132  and 11 full-time equivalent positions with associated salary
  133  rate of 295,751 are authorized for the purpose of implementing
  134  this act.
  135         Section 4. This act shall take effect July 1, 2014.