This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0831.CRJ
DATE: 1/28/2024
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 831 Enhanced Firearms Training Facilities
SPONSOR(S): Yarkosky
TIED BILLS: IDEN./SIM. BILLS: SB 1586
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Criminal Justice Subcommittee Padgett Hall
2) Local Administration, Federal Affairs & Special
Districts Subcommittee
3) Judiciary Committee
SUMMARY ANALYSIS
HB 831 creates s. 790.501, F.S., to authorize the Department of Agriculture and Consumer Services (DACS) to
issue an applicant a license to be designated as an Enhanced Firearms Training Facility (EFTF) if he or she:
Completes and submits an application to DACS;
Has successfully passed a Level 2 background screening;
Has no felony convictions;
Has successfully completed a chief range safety officer training program approved by DACS;
Holds a class “K” firearms instructor license; and
Submits an affidavit from the sheriff with jurisdiction over the EFTF attesting that the sheriff has:
o Personally visited the land and facilities upon which the EFTF will be licensed;
o Determined the land and facilities would fulfill a public safety training need for which s. 790.501, F.S.,
was created; and
o Determined that the land and facilities are large enough and sufficiently equipped to provide enhance
firearm training.
The bill requires an EFTF license to be renewed annually and specifies that such a license remains effective for 12
months or until DACS determines that the EFTF owner is no longer in compliance with the minimum requirements to
be designated as an EFTF because he or she has been convicted of a felony or no longer holds a Class “K”
Firearms Instructor License.
Under the bill, a licensed EFTF:
May provide, in addition to a sheriff, training and certification for the school guardian program in s. 30.15, F.S.;
and
Is exempt from any local government planning and zoning or public works restrictions.
The bill provides the following definitions:
Enhanced firearms training facility" means a facility located on land zoned for agricultural use or the equivalent
which is used to train people in the use of firearms and personal safety.
"Owner" means a person who:
o Holds the legal title to the land and facilities upon which the enhanced firearms training facility will be
licensed; or
o Holds a percentage interest in the agricultural land and facilities that is equal to or greater than the other
persons who also hold a legal interest, if the legal title is held in the name of two or more people.
The bill may have a negative fiscal impact on state government by requiring DACS to implement an EFTF licensing
program and to monitor EFTF licensees for compliance with specified requirements, and requiring FDLE to conduct
background checks on EFTF applicants. The bill may have a positive fiscal impact on licensed EFTFs as it allows
such EFTFs to provide training and certification for the school guardian program and exempts such EFTFs from
local government planning and zoning or public works restrictions.
The bill provides an effective date of July 1, 2024. STORAGE NAME: h0831.CRJ PAGE: 2
DATE: 1/28/2024
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Florida Department of Agriculture – Division of Licensing
The Division of Licensing (DOL) within the Department of Agriculture and Consumer Services (DACS)
administers Florida's concealed weapon or concealed firearms licensing program
1
and oversees
Florida's private investigative, private security, and recovery services industries.
2
The DOL’s regulatory
oversight of those services includes licensing, enforcing compliance standards, and ensuring public
protection from unethical business practices and unlicensed activity.
3
Class “K” Firearms Instructor License Application and Training Requirements
Class “K” Firearms Instructor Licensees provide classroom or range instruction to applicants for a Class
“G” Statewide Firearm License.
4
Applicants for an initial Class “K” Firearms Instructor License must:
Be at least 18 years of age;
Be of good moral character;
Not have been adjudicated incapacitated under s. 744.331, F.S., or been involuntarily
committed to a treatment facility for the mentally ill under ch. 394, F.S., unless his or her
competency has been restored by a court;
Not be a chronic and habitual user of alcoholic beverages or have been involuntarily committed
for substance abuse treatment under ch. 394, F.S.;
Not not have been found guilty of a crime under ch. 893, F.S., relating to controlled substances,
within three years of the date of the application;
Be a citizen or permanent legal resident alien of the United States; and
Not be prohibited from purchasing or possessing a firearm by state or Federal law.
Applicants for an initial Class “K” Firearms Instructor License must submit one of the following
certificates to demonstrate his or her qualifications:
5
A Florida Criminal Justice Standards and Training Commission Instructor Certificate and written
confirmation by such Commission that the applicant possesses an active firearms certificate.
A valid National Rifle Association Private Security Firearm Instructor Certificate issued not more
than three years before the submission of the application.
A valid firearms instructor certificate issued by a federal law enforcement agency issued not
more than three years before the submission of the application.
A valid DD Form 214 issued not more than three years before the submission of the application,
indicating that the applicant has been honorably discharged and served no less than three
years in the military as a firearms instructor.
The initial applicant must also pay a fee and pass an examination administered by DACS.
6
A Class “K”
Firearms Instructor License must be renewed every three years.
7
Background Screening
1
S. 790.06, F.S.
2
Ch. 493, F.S.
3
Office of Program Policy Analysis and Government Accountability, Government Program Summaries, Department of Agriculture and
Consumer Services Licensing, https://oppaga.fl.gov/ProgramSummary/ProgramDetail?programNumber=4101 (last visited Jan. 28,
2024).
4
Ss. 493.6101(14) and 493.6115(7), F.S. A Class “G” license is a supplemental firearm license that authorizes a licensee to carry a
firearm during the course of his or her employment as a private investigator or security officer. S. 493.6115(2), F.S.
5
S. 493.6105(6)(a), F.S.
6
S. 493.6105(6)(b), F.S.
7
S. 493.6113(1), F.S. STORAGE NAME: h0831.CRJ PAGE: 3
DATE: 1/28/2024
Florida provides standard procedures for screening a prospective employee where the Legislature has
determined it is necessary to conduct a criminal history background check to protect vulnerable
persons.
8
There are two levels of background screening:
Level 1 screening includes, at a minimum, employment history checks and statewide criminal
correspondence checks through the Florida Department of Law Enforcement (FDLE) and a
check of the Dru Sjodin National Sex Offender Public Website,
9
and may include criminal
records checks through local law enforcement agencies. A Level 1 screening may be paid for
and conducted through FDLE’s website, which provides immediate results.
10
Level 2 background screening includes, but is not limited to, fingerprinting for statewide criminal
history records checks through FDLE and national criminal history checks through the Federal
Bureau of Investigation, and may include local criminal records checks through local law
enforcement agencies.
11
These screenings typically take at least several days to complete.
Every person required to be screened under Florida’s background screening statutes must submit a
complete set of information necessary to conduct such a screening.
12
Such information for a Level 2
screening includes fingerprints, which are taken by a vendor that submits them electronically to FDLE.
13
Chief Range Safety Officer
The National Rifle Association (NRA) offers a 14 hour course that certifies a person to become a Chief
Range Safety Officer.
14
The course provides instruction in the following subjects related to firearms:
standard operating procedures, inspections, emergency procedures, firearm stoppages and
malfunctions, and safety briefings. DACS does not appear to regulate or approve the content of such
courses under current law.
School Guardian Program
The Chris Hixon, Coach Aaron Feis, and Coach Scott Beigel Guardian Program authorizes qualified
school personnel to serve as an armed guard to aid in the prevention or abatement of active assailant
incidents on school premises.
15
A school district, charter school, or private school employee may serve as a guardian if the individual is
certified by a sheriff and appointed by the district school superintendent, charter school principal, or
private school governing board or private school head of school. The individual must satisfy the
following requirements:
Hold a concealed weapons or concealed firearms license;
Pass a psychological evaluation administered by a licensed psychologist;
Pass an initial drug test and subsequent random drug tests;
Successfully complete a 144-hour training program that includes at least 12 hours of a certified,
nationally recognized diversity training program and 132 total hours of specified, comprehensive
firearm safety and proficiency training conducted by Criminal Justice Standards and Training
Commission-certified instructors, and ongoing training, weapon inspection, and firearm
qualification on at least an annual basis.
16
8
Ch. 435, F.S.
9
The Dru Sjodin National Sex Offender Public Website is a U.S. government website that links public state, territorial, and tribal sex
offender registries in one national search site. The website is available at https://www.nsopw.gov/. (last visited Jan. 28, 2024).
10
Florida Department of Law Enforcement, State of Florida Criminal History Records Check http://www.fdle.state.fl.us/Criminal-History-
Records/Florida-Checks.aspx (last visited Jan. 28, 2024).
11
S. 435.04, F.S.
12
S. 435.05(1)(a), F.S.
13
Ss. 435.03(1) and 435.04(1)(a), F.S.
14
National Rifle Association, NRA Chief Range Safety Officer, https://www.nrainstructors.org/CatalogInfo.aspx?cid=29 (last visited Jan.
28, 2024).
15
S. 30.15(1)(k), F.S.
16
Id. STORAGE NAME: h0831.CRJ PAGE: 4
DATE: 1/28/2024
An individual must satisfy the background screening, psychological evaluation, and drug testing
requirements prior to participating in the required guardian training. Under current law, all training for
the guardian program must be conducted by a sheriff.
17
A county sheriff must establish a program if the
district school board elects to participate. The sheriff may contract with another county sheriff who has
already established a program to provide training. Charter school governing boards may directly
request guardian training from the county sheriff even if the school district decides not to participate.
Should the sheriff deny the request, the charter school may contract with a county sheriff who is willing
to provide the training.
18
A school guardian has no authority to act in any law enforcement capacity except to the extent
necessary to prevent or abate an active assailant incident on school premises.
19
The sheriff who
conducts the guardian training must issue a school guardian certificate to individuals who meet these
requirements and maintain documentation of weapon and equipment inspections, as well as the
training, certification, inspection, and qualification records of each school guardian certified by the
sheriff.
20
The guardian training specified in statute is the statewide standard that must be used, however, sheriffs
are authorized to supplement such training. A guardian that has received the required training cannot
be required to attend the training again unless there has been at least a one-year break in her or his
employment as a guardian.
21
Land Use Regulation
Comprehensive Plans
The Growth Management Act requires every city and county to create and implement a comprehensive
plan to guide future development.
22
A locality’s comprehensive plan lays out the locations for future
public facilities, including roads, water and sewer facilities, neighborhoods, parks, schools, and
commercial and industrial developments.
23
The land use element of the plan designates proposed future general distribution, location, and extent
of the uses of land. Specified use designations include those for residential, commercial, industry,
agriculture, recreation, conservation, education, and public facilities.
24
The housing element of the plan
sets forth guidelines and strategies for the creation and preservation of affordable housing for all
current and anticipated future residents of the jurisdiction, elimination of substandard housing
conditions, provision of adequate sites for future housing, and distribution of housing for a range of
incomes and types.
25
Zoning
Local governments regulate aspects of land development by enacting ordinances that address local
zoning, rezoning, subdivision, building construction, landscaping, tree protection, sign regulations, or
any other regulations controlling the development of land.
26
17
S. 1006.12(7), F.S.
18
S. 30.15(1)(k), F.S.
19
Id.
20
Id.
21
S. 30.15(1)(k)1.d., F.S.
22
Ch. 85-55, Laws of Fla.
23
Id.
24
S. 163.3177(6)(a), F.S.
25
S.163.3177(6)(f), F.S.
26
See ss. 163.3164 and 163.3213, F.S. STORAGE NAME: h0831.CRJ PAGE: 5
DATE: 1/28/2024
Zoning maps and zoning districts are adopted by a local government for developments within each land
use category or sub-category. While land uses are general in nature, one or more zoning districts may
apply within each land use designation.
27
Common regulations on buildings within the zoning map
districts include density,
28
height and bulk of buildings, setbacks, and parking requirements.
29
Zoning
regulations will also include acceptable uses of property for other categories of land, such as
agricultural or industrial.
Agricultural Lands
Under Florida’s greenbelt law,
30
only lands that are used primarily for bona fide agricultural purposes
may be classified agricultural. The law defines “bona fide agricultural purposes” to mean good faith
commercial agricultural use of the land.
31
Various factors are considered when determining whether
land is being used for a bona fide agricultural use, including the length of time the land has been so
used; whether the use has been continuous; the purchase price paid; size, as it relates to specific
agricultural use, but a minimum acreage is not required; whether an indicated effort has been made to
care sufficiently and adequately for the land in accordance with accepted commercial agricultural
practices; and whether the land is leased and, if so, the effective length, terms, and conditions of the
lease.
32
Nonresidential buildings, structures, or facilities constructed on a farm for agritourism activities
constitute a bona fide agricultural use of the land so long as the buildings, structures, or facilities are an
integral part of the agricultural operation.
33
Effect of Proposed Changes
HB 831 creates s. 790.501, F.S., to authorize DACS to issue an applicant a license to be designated as
an Enhanced Firearms Training Facility (EFTF) if he or she:
Completes and submits an application to DACS;
Has successfully passed a Level 2 background screening;
Has no felony convictions;
Has successfully completed a chief range safety officer training program approved by DACS;
Holds a Class “K” Firearms Instructor License; and
Submits, along with the application, an affidavit from the sheriff with jurisdiction over the EFTF
attesting that the sheriff has:
o Personally visited the land and facilities upon which the EFTF will be licensed;
o Determined the land and facilities would fulfill a public safety training need for which s.
790.501, F.S., was created; and
o Determined that the land and facilities are large enough and sufficiently equipped to
provide enhance firearms training.
Under the bill, an EFTF license must be renewed annually and thus remains effective for 12 months or
until DACS determines that the EFTF owner is no longer in compliance with the minimum requirements
to operate an EFTF because he or she has been convicted of a felony or no longer holds a Class “k”
Firearms Instructor License.
The bill authorizes an EFTF, in addition to a sheriff, to provide training and certification for the school
guardian program.
27
Indian River County, General Zoning Questions, https://indianriver.gov/services/community_development/faq.php#collapse1250b1
(last visited Jan 28, 2024).
28
“Density” means an objective measurement of the number of people or residential units allowed per unit of land, such as residents or
employees per acre. S. 163.3164(12), F.S.
29
Supra, note 27.
30
S. 193.461, F.S.
31
S. 193.461(3)(b), F.S.
32
Id.
33
S. 570.87(1), F.S. STORAGE NAME: h0831.CRJ PAGE: 6
DATE: 1/28/2024
Under the bill, an EFTF, once licensed, is exempt from any local government planning and zoning or
public works restrictions.
The bill provides the following definitions:
“Enhanced firearms training facility" means a facility located on land zoned for agricultural use
or the equivalent which is used to train people in the use of firearms and personal safety.
"Owner" means a person who:
o Holds the legal title to the land and facilities upon which the EFTF will be licensed; or
o Holds a percentage interest in the agricultural land and facilities that is equal to or greater
than the other persons who also hold a legal interest, if the legal title is held in the name of
two or more people.
The bill provides an effective date of July 1, 2024.
B. SECTION DIRECTORY:
Section 1: Creates s. 790.501, F.S., relating to enhanced firearms training facilities; licensing.
Section 2: Provides an effective date of July 1, 2024.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
The bill may have a negative fiscal impact on state government by requiring DACS to implement an
EFTF licensing program and to conduct ongoing monitoring of EFTF licensees for compliance with
specified requirements, and requiring FDLE to conduct background checks on EFTF applicants.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill may have a positive fiscal impact on EFTFs as it allows an EFTF to provide training and
certification for the school guardian program and exempts EFTFs from local government planning and
zoning or public works restrictions.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision: STORAGE NAME: h0831.CRJ PAGE: 7
DATE: 1/28/2024
Not applicable. The bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditure of funds; reduce the authority that counties or municipalities have to
raise revenues in the aggregate; or reduce the percentage of a state tax shared with counties or
municipalities.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
The bill provides DACS with sufficient rulemaking authority to implement the provisions of the bill.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES