Bill Text: FL S1566 | 2020 | Regular Session | Introduced
Bill Title: Concealed Weapons or Firearms Licensing
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2020-03-14 - Died in Infrastructure and Security [S1566 Detail]
Download: Florida-2020-S1566-Introduced.html
Florida Senate - 2020 SB 1566
By Senator Braynon
35-01394A-20 20201566__
1 A bill to be entitled
2 An act relating to concealed weapons or firearms
3 licensing; amending s. 790.06, F.S.; decreasing the
4 number of years that licenses to carry concealed
5 weapons or firearms are valid; specifying that
6 experience with a firearm through military service in
7 the Armed Forces of the United States meets the
8 requirement of demonstrating competence with a
9 firearm; requiring that the full set of fingerprints
10 submitted as part of an application for a license be
11 retained by specified entities; requiring the
12 Department of Agriculture and Consumer Services to
13 bear the licensee’s fingerprint retention fee;
14 revising the required notice by the department to
15 licensees before the expiration date of such licenses
16 to include electronic notice; requiring renewing
17 licensees to submit a full set of fingerprints and the
18 personal identifying information required by federal
19 law; requiring the department to bear the renewing
20 licensee’s fingerprint retention fee; providing that
21 charges for fingerprint retention are not subject to a
22 certain sales tax; requiring a licensee, upon each
23 renewal, to provide proof of completion of a firearms
24 training or safety course or class; requiring
25 instructors to maintain certain records for a
26 specified timeframe; conforming provisions to changes
27 made by the act; providing an effective date.
28
29 Be It Enacted by the Legislature of the State of Florida:
30
31 Section 1. Subsections (1) and (2), paragraph (c) of
32 subsection (5), and subsection (11) of section 790.06, Florida
33 Statutes, are amended to read:
34 790.06 License to carry concealed weapon or firearm.—
35 (1) The Department of Agriculture and Consumer Services is
36 authorized to issue licenses to carry concealed weapons or
37 concealed firearms to persons qualified as provided in this
38 section. Each such license must bear a color photograph of the
39 licensee. For the purposes of this section, concealed weapons or
40 concealed firearms are defined as a handgun, electronic weapon
41 or device, tear gas gun, knife, or billie, but the term does not
42 include a machine gun as defined in s. 790.001(9). Such licenses
43 shall be valid throughout the state for a period of 5 7 years
44 from the date of issuance. Any person in compliance with the
45 terms of such license may carry a concealed weapon or concealed
46 firearm notwithstanding the provisions of s. 790.01. The
47 licensee must carry the license, together with valid
48 identification, at all times in which the licensee is in actual
49 possession of a concealed weapon or firearm and must display
50 both the license and proper identification upon demand by a law
51 enforcement officer. Violations of the provisions of this
52 subsection shall constitute a noncriminal violation with a
53 penalty of $25, payable to the clerk of the court.
54 (2) The Department of Agriculture and Consumer Services
55 shall issue a license if the applicant:
56 (a) Is a resident of the United States and a citizen of the
57 United States or a permanent resident alien of the United
58 States, as determined by the United States Bureau of Citizenship
59 and Immigration Services, or is a consular security official of
60 a foreign government that maintains diplomatic relations and
61 treaties of commerce, friendship, and navigation with the United
62 States and is certified as such by the foreign government and by
63 the appropriate embassy in this country;
64 (b) Is 21 years of age or older;
65 (c) Does not suffer from a physical infirmity which
66 prevents the safe handling of a weapon or firearm;
67 (d) Is not ineligible to possess a firearm pursuant to s.
68 790.23 by virtue of having been convicted of a felony;
69 (e) Has not been:
70 1. Found guilty of a crime under the provisions of chapter
71 893 or similar laws of any other state relating to controlled
72 substances within a 3-year period immediately preceding the date
73 on which the application is submitted; or
74 2. Committed for the abuse of a controlled substance under
75 chapter 397 or under the provisions of former chapter 396 or
76 similar laws of any other state. An applicant who has been
77 granted relief from firearms disabilities pursuant to s.
78 790.065(2)(a)4.d. or pursuant to the law of the state in which
79 the commitment occurred is deemed not to be committed for the
80 abuse of a controlled substance under this subparagraph;
81 (f) Does not chronically and habitually use alcoholic
82 beverages or other substances to the extent that his or her
83 normal faculties are impaired. It shall be presumed that an
84 applicant chronically and habitually uses alcoholic beverages or
85 other substances to the extent that his or her normal faculties
86 are impaired if the applicant has been convicted under s.
87 790.151 or has been deemed a habitual offender under s.
88 856.011(3), or has had two or more convictions under s. 316.193
89 or similar laws of any other state, within the 3-year period
90 immediately preceding the date on which the application is
91 submitted;
92 (g) Desires a legal means to carry a concealed weapon or
93 firearm for lawful self-defense;
94 (h) Demonstrates competence with a firearm by any one of
95 the following:
96 1. Completion of any hunter education or hunter safety
97 course approved by the Fish and Wildlife Conservation Commission
98 or a similar agency of another state;
99 2. Completion of any National Rifle Association firearms
100 safety or training course;
101 3. Completion of any firearms safety or training course or
102 class available to the general public offered by a law
103 enforcement agency, junior college, college, or private or
104 public institution or organization or firearms training school,
105 using instructors certified by the National Rifle Association,
106 Criminal Justice Standards and Training Commission, or the
107 Department of Agriculture and Consumer Services;
108 4. Completion of any law enforcement firearms safety or
109 training course or class offered for security guards,
110 investigators, special deputies, or any division or subdivision
111 of a law enforcement agency or security enforcement;
112 5. Presents evidence of equivalent experience with a
113 firearm through participation in organized shooting competition
114 or military service in the Armed Forces of the United States;
115 6. Is licensed or has been licensed to carry a firearm in
116 this state or a county or municipality of this state, unless
117 such license has been revoked for cause; or
118 7. Completion of any firearms training or safety course or
119 class conducted by a state-certified or National Rifle
120 Association certified firearms instructor;
121
122 A photocopy of a certificate of completion of any of the courses
123 or classes; an affidavit from the instructor, school, club,
124 organization, or group that conducted or taught such course or
125 class attesting to the completion of the course or class by the
126 applicant; or a copy of any document that shows completion of
127 the course or class or evidences participation in firearms
128 competition shall constitute evidence of qualification under
129 this paragraph. A person who conducts a course pursuant to
130 subparagraph 2., subparagraph 3., or subparagraph 7., or who, as
131 an instructor, attests to the completion of such courses, must
132 maintain records certifying that he or she observed the student
133 safely handle and discharge the firearm in his or her physical
134 presence and that the discharge of the firearm included live
135 fire using a firearm and ammunition as defined in s. 790.001;
136 (i) Has not been adjudicated an incapacitated person under
137 s. 744.331, or similar laws of any other state. An applicant who
138 has been granted relief from firearms disabilities pursuant to
139 s. 790.065(2)(a)4.d. or pursuant to the law of the state in
140 which the adjudication occurred is deemed not to have been
141 adjudicated an incapacitated person under this paragraph;
142 (j) Has not been committed to a mental institution under
143 chapter 394, or similar laws of any other state. An applicant
144 who has been granted relief from firearms disabilities pursuant
145 to s. 790.065(2)(a)4.d. or pursuant to the law of the state in
146 which the commitment occurred is deemed not to have been
147 committed in a mental institution under this paragraph;
148 (k) Has not had adjudication of guilt withheld or
149 imposition of sentence suspended on any felony unless 3 years
150 have elapsed since probation or any other conditions set by the
151 court have been fulfilled, or expunction has occurred;
152 (l) Has not had adjudication of guilt withheld or
153 imposition of sentence suspended on any misdemeanor crime of
154 domestic violence unless 3 years have elapsed since probation or
155 any other conditions set by the court have been fulfilled, or
156 the record has been expunged;
157 (m) Has not been issued an injunction that is currently in
158 force and effect and that restrains the applicant from
159 committing acts of domestic violence or acts of repeat violence;
160 and
161 (n) Is not prohibited from purchasing or possessing a
162 firearm by any other provision of Florida or federal law.
163 (5) The applicant shall submit to the Department of
164 Agriculture and Consumer Services or an approved tax collector
165 pursuant to s. 790.0625:
166 (c) A full set of fingerprints of the applicant
167 administered by a law enforcement agency, or the Division of
168 Licensing of the Department of Agriculture and Consumer
169 Services, or an approved tax collector pursuant to s. 790.0625
170 together with any personal identifying information required by
171 federal law to process fingerprints. Fingerprints must be
172 retained by the Criminal Justice Information Program under s.
173 943.05(2)(b) and by the federal fingerprint retention program
174 under s. 943.05(4), once the program is in effect. The
175 department shall bear the fingerprint retention fee for each
176 license period at the time of licensure in the amount
177 established by the Department of Law Enforcement in accordance
178 with s. 943.05(2)(h)2. Charges for fingerprint services under
179 this paragraph are not subject to the sales tax on fingerprint
180 services imposed in s. 212.05(1)(i).
181 (11)(a) At least 90 days before the expiration date of the
182 license, the Department of Agriculture and Consumer Services
183 shall provide mail to each licensee a written notice of the
184 expiration electronically or in writing and the appropriate a
185 renewal form prescribed by the department of Agriculture and
186 Consumer Services. The licensee must renew his or her license on
187 or before the expiration date by filing with the department of
188 Agriculture and Consumer Services the renewal form containing an
189 affidavit submitted under oath and under penalty of perjury
190 stating that the licensee remains qualified pursuant to the
191 criteria specified in subsections (2) and (3), a color
192 photograph as specified in paragraph (5)(e), a complete set of
193 fingerprints, and the required renewal fee. A renewing licensee
194 whose fingerprints are not currently retained by the Criminal
195 Justice Information Program under s. 943.05(2)(b) shall submit a
196 full set of fingerprints administered by a law enforcement
197 agency, the Division of Licensing of the Department of
198 Agriculture and Consumer Services, or an approved tax collector
199 pursuant to s. 790.0625 and any personal identifying information
200 required by federal law. The department shall bear the
201 fingerprint retention fee for each renewal license period at the
202 time of licensure in the amount established by the Department of
203 Law Enforcement in accordance with s. 943.05(2)(h)2, even if the
204 renewing licensee’s fingerprints are currently being retained.
205 Charges for fingerprint retention services under this paragraph
206 are not subject to the sales tax on fingerprint services imposed
207 under s. 212.05(1)(i) Out-of-state residents must also submit a
208 complete set of fingerprints and fingerprint processing fee. The
209 license shall be renewed upon receipt of the completed renewal
210 form, color photograph, fingerprints, and appropriate payment of
211 fees, and, if applicable, fingerprints. Additionally, A licensee
212 who fails to file a complete renewal application on or before
213 its expiration date must renew his or her license by paying a
214 late fee of $15. A license may not be renewed 180 days or more
215 after its expiration date, and such a license is deemed to be
216 permanently expired. A person whose license has been permanently
217 expired may reapply for licensure; however, an application for
218 licensure and fees under subsection (5) must be submitted, and a
219 background investigation shall be conducted pursuant to this
220 section. A person who knowingly files false information under
221 this subsection is subject to criminal prosecution under s.
222 837.06.
223 (b)1. Upon each renewal, a licensee must provide proof of
224 completion of a firearms training or safety course or class at
225 least 8 hours in length taught by a state, county, or municipal
226 law enforcement agency or a nationally recognized organization
227 that promotes gun safety. The firearms training or safety course
228 or class must occur 6 months immediately before the license
229 expiration date and must include all of the following:
230 a. Information on the statutory and case law of this state
231 relating to handguns and to the use of deadly force;
232 b. Information on handgun use and safety;
233 c. Information on the proper storage practices for
234 handguns, with an emphasis on storage practices that reduce the
235 possibility of accidental injury to a child; and
236 d. The licensee’s safe handling and firing of a handgun in
237 the instructor’s presence with ammunition as defined in s.
238 790.001.
239 2. A photocopy of a certificate of completion with an
240 affidavit from the instructor who conducted or taught the
241 firearms training or safety course or class attesting to the
242 completion of the course or class by the renewing licensee and
243 to the number of hours of the firearms training or safety course
244 or class is sufficient evidence of qualification under this
245 paragraph. An instructor who conducts or teaches a firearms
246 training or safety course or class and attests to its completion
247 shall maintain records for 10 years certifying that all hours
248 and training components required under subparagraph 1. were met.
249 (c)(b) A license issued to a servicemember, as defined in
250 s. 250.01, is subject to paragraph (a); however, such a license
251 does not expire while the servicemember is serving on military
252 orders that have taken him or her over 35 miles from his or her
253 residence and shall be extended, as provided in this paragraph,
254 for up to 180 days after his or her return to such residence. If
255 the license renewal requirements in paragraph (a) are met within
256 the 180-day extension period, the servicemember may not be
257 charged any additional costs, such as, but not limited to, late
258 fees or delinquency fees, above the normal license fees. The
259 servicemember must present to the Department of Agriculture and
260 Consumer Services a copy of his or her official military orders
261 or a written verification from the member’s commanding officer
262 before the end of the 180-day period in order to qualify for the
263 extension.
264 Section 2. This act shall take effect July 1, 2020.
