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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to carrying and possession of weapons 2
and firearms; amending s. 790.001, F.S.; revising the 3
definition of the term "law enforcement officer"; 4
amending s. 790.013, F.S.; prohibiting the carrying of 5
a concealed handgun or an unconcealed firea rm without 6
a license and the possession of such handgun or 7
firearm without valid identification; providing 8
penalties; repealing s. 790.02, F.S., relating to 9
arrests without warrant and upon probable cause; 10
repealing s. 790.051, F.S., relating to an exempti on 11
from licensing requirements for law enforcement 12
officers; amending s. 790.053, F.S.; allowing the open 13
carrying of any otherwise legal firearm or electric 14
weapon or device; deleting provisions prohibiting open 15
carry; amending s. 790.06, F.S.; deleting p rovisions 16
relating to the collection of fees for licenses to 17
carry concealed weapons or concealed firearms; 18
revising the list of places into which a person may 19
not carry a handgun or concealed weapon or concealed 20
firearm; providing exceptions; amending s. 790.0625, 21
F.S.; deleting provisions relating to collection of 22
fees by tax collectors for licenses to carry concealed 23
weapons or concealed firearms; amending s. 790.065, 24
F.S.; conforming provisions to changes made by the 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
act; amending s. 790.115, F.S.; dele ting a provision 26
allowing school districts to restrict the possession 27
of a weapon or firearm in a vehicle in compliance with 28
specified provisions; amending s. 790.222, F.S.; 29
revising the definition of the term "bump -fire stock"; 30
amending s. 790.25, F.S.; c onforming provisions to 31
changes made by the act; revising a provision 32
concerning possession of a handgun or other weapon 33
within the interior of a private conveyance; amending 34
s. 790.251, F.S.; deleting specified exceptions to 35
statutory protections of the r ight to keep and bear 36
arms in motor vehicles; amending s. 790.401, F.S.; 37
providing an indigent person a right to counsel in 38
risk protection proceedings; deleting a prohibition on 39
the award of attorney fees in such proceedings; 40
revising provisions concernin g the conduct of remote 41
hearings; authorizing, rather than requiring, a court 42
to issue a risk protection order in certain 43
circumstances; revising factors to be considered in 44
determining whether to grant a risk protection order; 45
deleting provisions for temp orary ex parte risk 46
protection orders; deleting provisions eliminating 47
liability for acts or omissions related to obtaining 48
certain risk protection orders; amending ss. 27.53, 49
943.051, 943.0585, 943.059, and 985.11, F.S.; 50
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conforming provisions to changes m ade by the act; 51
providing an effective date. 52
53
WHEREAS, the Legislature finds that the Second Amendment to 54
the United States Constitution guarantees that the right to keep 55
and bear arms is a fundamental individual right that is 56
incorporated to the stat e and shall not be infringed, and 57
WHEREAS, the Legislature acknowledges that s. 8(a), Art. I 58
of the State Constitution declares that "The right of the people 59
to keep and bear arms in defense of themselves and of the lawful 60
authority of the state shall n ot be infringed, except that the 61
manner of bearing arms may be regulated by law," and 62
WHEREAS, the Florida appellate courts have found the 63
issuance of a license to carry a concealed weapon or firearm to 64
be a privilege and not a vested right, and 65
WHEREAS, the Legislature finds that any regulation of a 66
manner of bearing arms that constitutes a general ban on 67
unconcealed carry or a general ban on the carry or possession of 68
an entire class of arms that is in common use for lawful 69
purposes would be an unconst itutional infringement of the 70
fundamental individual rights of the people guaranteed by both 71
the Second Amendment to the United States Constitution and s. 8, 72
Art. I of the State Constitution, and 73
WHEREAS, the Legislature seeks to protect the fundamental 74
individual right to keep and bear arms, NOW, THEREFORE, 75
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76
Be It Enacted by the Legislature of the State of Florida: 77
78
Section 1. Paragraph (g) is added to subsection (12) of 79
section 790.001, Florida Statutes, to read: 80
790.001 Definitions. —As used in this chapter, except where 81
the context otherwise requires: 82
(12) "Law enforcement officer" means: 83
(g) A person holding a judicial office, as defined in s. 84
105.011(1). 85
Section 2. Section 790.013, Florida Statutes, is amended 86
to read: 87
790.013 Carrying of concealed weapons , or concealed 88
handguns, or unconcealed firearms without a license. —A person 89
who carries a concealed weapon , a or concealed handgun, or an 90
unconcealed firearm without a license as authorized under s. 91
790.01(1)(b) or s. 790.053(1)(b): 92
(1)(a) Must carry valid identification at all times when 93
he or she is in actual possession of a concealed weapon , a or 94
concealed handgun, or an unconcealed firearm and must display 95
such identification upon demand by a law enforcement officer. 96
(b) A violation of this subsection is a noncriminal 97
violation punishable by a $25 fine, payable to the clerk of the 98
court. 99
(2) Is subject to s. 790.06(12) in the same manner as a 100
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person who is licensed to carry a concealed weapon or concealed 101
firearm. 102
Section 3. Section 790.02, Florida Statutes, is repealed. 103
Section 4. Section 790.051, Florida Statutes, is repealed. 104
Section 5. Section 790.053, Florida Statutes, is amended 105
to read: 106
790.053 Open carrying of weapons. — 107
(1) Except as otherwise provided by law and in subsection 108
(2), it is lawful unlawful for any person to openly carry on or 109
about his or her person any otherwise legal firearm or electric 110
weapon or device. It is not a violation of this section for a 111
person who carries a concealed firearm a s authorized in s. 112
790.01(1) to briefly and openly display the firearm to the 113
ordinary sight of another person, unless the firearm is 114
intentionally displayed in an angry or threatening manner, not 115
in necessary self-defense. 116
(2) A person may openly carry, for purposes of lawful 117
self-defense: 118
(a) A self-defense chemical spray. 119
(b) A nonlethal stun gun or dart -firing stun gun or other 120
nonlethal electric weapon or device that is designed solely for 121
defensive purposes. 122
(3) Any person violating this secti on commits a 123
misdemeanor of the second degree, punishable as provided in s. 124
775.082 or s. 775.083. 125
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Section 6. Subsections (16) through (18) of section 126
790.06, Florida Statutes, are renumbered as subsections (15) 127
through (17), respectively, and paragrap h (b) of subsection (5), 128
paragraphs (b) and (e) of subsection (6), subsection (11), 129
paragraph (a) of subsection (12), and present subsection (15) of 130
that section are amended to read: 131
790.06 License to carry concealed weapon or concealed 132
firearm.— 133
(5) The applicant shall submit to the Department of 134
Agriculture and Consumer Services or an approved tax collector 135
pursuant to s. 790.0625: 136
(b) A nonrefundable license fee of up to $55 if he or she 137
has not previously been issued a statewide license or of up t o 138
$45 for renewal of a statewide license. The cost of processing 139
fingerprints as required in paragraph (c) shall be borne by the 140
state from general revenue applicant. However, an individual 141
holding an active certification from the Criminal Justice 142
Standards and Training Commission as a law enforcement officer, 143
correctional officer, or correctional probation officer as 144
defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9) is 145
exempt from the licensing requirements of this section. If such 146
individual wishes to receive a concealed weapon or concealed 147
firearm license, he or she is exempt from the background 148
investigation and all background investigation fees but must pay 149
the current license fees regularly required to be paid by 150
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nonexempt applicants . Further, a law enforcement officer, a 151
correctional officer, or a correctional probation officer as 152
defined in s. 943.10(1), (2), or (3) is exempt from the required 153
fees and background investigation for 1 year after his or her 154
retirement. 155
(6) 156
(b) The sheriff's off ice shall provide fingerprinting 157
service if requested by the applicant and may charge a fee not 158
to exceed $5 for this service . 159
(e) A consular security official of a foreign government 160
that maintains diplomatic relations and treaties of commerce, 161
friendship, and navigation with the United States and is 162
certified as such by the foreign government and by the 163
appropriate embassy in this country must be issued a license 164
within 20 days after the date of the receipt of a completed 165
application, certification docu ment, color photograph as 166
specified in paragraph (5)(e) , and a nonrefundable license fee 167
of $300. Consular security official licenses shall be valid for 168
1 year and may be renewed upon completion of the application 169
process as provided in this section. 170
(11)(a) At least 90 days before the expiration date of the 171
license, the Department of Agriculture and Consumer Services 172
shall mail to each licensee a written notice of the expiration 173
and a renewal form prescribed by the Department of Agriculture 174
and Consumer Services. The licensee must renew his or her 175
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license on or before the expiration date by filing with the 176
Department of Agriculture and Consumer Services the renewal form 177
containing an affidavit submitted under oath and under penalty 178
of perjury stating that the licensee remains qualified pursuant 179
to the criteria specified in subsections (2) and (3), and a 180
color photograph as specified in paragraph (5)(e) , and the 181
required renewal fee . Out-of-state residents must also submit a 182
complete set of fingerprints and fingerprint processing fee . The 183
license shall be renewed upon receipt of the completed renewal 184
form, color photograph, appropriate payment of fees, and, if 185
applicable, fingerprints. Additionally, a licensee who fails to 186
file a renewal application on or be fore its expiration date must 187
renew his or her license by paying a late fee of $15. A license 188
may not be renewed 180 days or more after its expiration date, 189
and such a license is deemed to be permanently expired. A person 190
whose license has been permanently expired may reapply for 191
licensure; however, an application for licensure and fees under 192
subsection (5) must be submitted, and a background investigation 193
shall be conducted pursuant to this section. A person who 194
knowingly files false information under this subsection is 195
subject to criminal prosecution under s. 837.06. 196
(b) A license issued to a servicemember, as defined in s. 197
250.01, is subject to paragraph (a); however, such a license 198
does not expire while the servicemember is serving on military 199
orders that have taken him or her over 35 miles from his or her 200
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residence and shall be ext ended, as provided in this paragraph, 201
for up to 180 days after his or her return to such residence. If 202
the license renewal requirements in paragraph (a) are met within 203
the 180-day extension period, the servicemember may not be 204
charged any additional costs, such as, but not limited to, late 205
fees or delinquency fees, above the normal license fees. The 206
servicemember must present to the Department of Agriculture and 207
Consumer Services a copy of his or her official military orders 208
or a written verification from t he member's commanding officer 209
before the end of the 180 -day period in order to qualify for the 210
extension. 211
(12)(a) A license issued under this section does not 212
authorize any person to openly carry a handgun or carry a 213
concealed weapon or concealed firear m into: 214
1. Any place of nuisance as defined in s. 823.05; 215
2. Any police, sheriff, or highway patrol station; 216
3. Any detention facility, prison, or jail; 217
4. Any courthouse, except that nothing in this 218
subparagraph precludes a judge from carrying a weapon or firearm 219
or determining who will carry a concealed weapon or concealed 220
firearm in his or her courtroom or chambers, and this exception 221
shall not extend to any parking facility in or near any 222
courthouse; 223
5. Any courtroom, except that nothing in t his section 224
precludes a judge from carrying a concealed weapon or concealed 225
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firearm or determining who will carry a concealed weapon or 226
concealed firearm in his or her courtroom; 227
6. Any polling place; 228
6.7. Any meeting of the governing body of a county, public 229
school district, municipality, or special district; 230
7.8. Any meeting of the Legislature or a committee 231
thereof, except that nothing in this section precludes a member 232
of the Legislature from carrying a concealed weapon or concealed 233
firearm in such meeting or in the Capitol Complex, as defined in 234
s. 281.01; 235
9. Any school, college, or professional athletic event not 236
related to firearms; 237
8.10. Any elementary or secondary school facility or 238
administration building; 239
11. Any career center; 240
9.12. Any portion of an establishment licensed to dispense 241
alcoholic beverages for consumption on the premises, which 242
portion of the establishment is primarily devoted to such 243
purpose; 244
13. Any college or university facility unless the licensee 245
is a registered student, employee, or faculty member of such 246
college or university and the weapon is a stun gun or nonlethal 247
electric weapon or device designed solely for defensive purposes 248
and the weapon does not fire a dart or projectile; 249
10.14. The inside of the pas senger terminal and sterile 250
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area of any airport, provided that no person shall be prohibited 251
from carrying any legal firearm into the terminal, which firearm 252
is encased for shipment for purposes of checking such firearm as 253
baggage to be lawfully transporte d on any aircraft; or 254
11.15. Any place where the carrying of firearms is 255
prohibited by federal law. 256
(15) All funds received by the sheriff pursuant to the 257
provisions of this section shall be deposited into the general 258
revenue fund of the county and sha ll be budgeted to the sheriff. 259
Section 7. Subsections (6) through (8) of section 260
790.0625, Florida Statutes, are renumbered as subsections (5) 261
through (7), respectively, and present subsections (5) and (8) 262
of that section are amended to read: 263
790.0625 Appointment of tax collectors to accept 264
applications for a concealed weapon or firearm license; fees; 265
penalties.— 266
(5) A tax collector appointed under this section may 267
collect and retain a convenience fee of $22 for each new 268
application and $12 for each renewal application and shall remit 269
weekly to the department the license fees pursuant to s. 790.06 270
for deposit in the Division of Licensing Trust Fund. 271
(7)(8) Upon receipt of a completed renewal application 272
and, a new color photograph , and appropriate payment of fees, a 273
tax collector authorized to accept renewal applications for 274
concealed weapon or firearm licenses under this section may, 275
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upon approval and confirmation of license issuance by the 276
department, print and deliver a concealed weapon or firear m 277
license to a licensee renewing his or her license at the tax 278
collector's office. 279
Section 8. Paragraph (a) of subsection (1) of section 280
790.065, Florida Statutes, is amended to read: 281
790.065 Sale and delivery of firearms. — 282
(1)(a) A licensed import er, licensed manufacturer, or 283
licensed dealer may not sell or deliver from her or his 284
inventory at her or his licensed premises any firearm to another 285
person, other than a licensed importer, licensed manufacturer, 286
licensed dealer, or licensed collector, un til she or he has: 287
1. Obtained a completed form from the potential buyer or 288
transferee, which form shall have been promulgated by the 289
Department of Law Enforcement and provided by the licensed 290
importer, licensed manufacturer, or licensed dealer, which sh all 291
include the name, date of birth, gender, race, and social 292
security number or other identification number of such potential 293
buyer or transferee and has inspected proper identification 294
including an identification containing a photograph of the 295
potential buyer or transferee. 296
2. Collected a fee from the potential buyer for processing 297
the criminal history check of the potential buyer. The fee shall 298
be established by the Department of Law Enforcement and may not 299
exceed $8 per transaction. The Department of Law Enforcement may 300
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reduce, or suspend collection of, the fee to reflect payment 301
received from the Federal Government applied to the cost of 302
maintaining the criminal history check system established by 303
this section as a means of facilitating or supplementi ng the 304
National Instant Criminal Background Check System. The 305
Department of Law Enforcement shall, by rule, establish 306
procedures for the fees to be transmitted by the licensee to the 307
Department of Law Enforcement. Such procedures must provide that 308
fees may be paid or transmitted by electronic means, including, 309
but not limited to, debit cards, credit cards, or electronic 310
funds transfers. All such fees shall be deposited into the 311
Department of Law Enforcement Operating Trust Fund, but shall be 312
segregated from all other funds deposited into such trust fund 313
and must be accounted for separately. Such segregated funds must 314
not be used for any purpose other than the operation of the 315
criminal history checks required by this section. The Department 316
of Law Enforcement, each year before February 1, shall make a 317
full accounting of all receipts and expenditures of such funds 318
to the President of the Senate, the Speaker of the House of 319
Representatives, the majority and minority leaders of each house 320
of the Legislature, and the chairs of the appropriations 321
committees of each house of the Legislature. In the event that 322
the cumulative amount of funds collected exceeds the cumulative 323
amount of expenditures by more than $2.5 million, excess funds 324
may be used for the purpose of pu rchasing soft body armor for 325
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law enforcement officers. 326
2.3. Requested, by means of a toll -free telephone call or 327
other electronic means, the Department of Law Enforcement to 328
conduct a check of the information as reported and reflected in 329
the Florida Crime Information Center and National Crime 330
Information Center systems as of the date of the request. 331
3.4. Received a unique approval number for that inquiry 332
from the Department of Law Enforcement, and recorded the date 333
and such number on the consent form. 334
Section 9. Paragraphs (a) and (c) of subsection (2) of 335
section 790.115, Florida Statutes, are amended to read: 336
790.115 Possessing or discharging weapons or firearms at a 337
school-sponsored event or on school property prohibited; 338
penalties; exceptions. — 339
(2)(a) A person shall not possess any firearm, electric 340
weapon or device, destructive device, or other weapon as defined 341
in s. 790.001, including a razor blade or box cutter, except as 342
authorized in support of school -sanctioned activities, at a 343
school-sponsored event or on the property of any school, school 344
bus, or school bus stop; however, a person may carry a firearm: 345
1. In a case to a firearms program, class or function 346
which has been approved in advance by the principal or chief 347
administrative offic er of the school as a program or class to 348
which firearms could be carried; 349
2. In a case to a career center having a firearms training 350
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range; or 351
3. In a vehicle pursuant to s. 790.25(4) ; except that 352
school districts may adopt written and published policies that 353
waive the exception in this subparagraph for purposes of student 354
and campus parking privileges . 355
356
For the purposes of this section, "school" means any preschool, 357
elementary school, middle school, junior high school, secondary 358
school, career center, or postsecondary school, whether public 359
or nonpublic. 360
(c)1. Except as provided in paragraph (e), a person who 361
willfully and knowingly possesses any firearm in violation of 362
this subsection commits a felony of the third degree, punishable 363
as provided in s. 775.082, s. 775.083, or s. 775.084. 364
2. A person who stores or leaves a loaded firearm within 365
the reach or easy access of a minor who obtains the firearm and 366
commits a violation of subparagraph 1. commits a misdemeanor of 367
the second degree, punisha ble as provided in s. 775.082 or s. 368
775.083; except that this does not apply if the firearm was 369
stored or left in a securely locked box or container or in a 370
location which a reasonable person would have believed to be 371
secure, or was securely locked with a firearm-mounted push-372
button combination lock or a trigger lock; if the minor obtains 373
the firearm as a result of an unlawful entry by any person; or 374
to members of the Armed Forces, National Guard, or State 375
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Militia, or to police or other law enforcement offi cers, with 376
respect to firearm possession by a minor which occurs during or 377
incidental to the performance of their official duties. 378
Section 10. Section 790.222, Florida Statutes, is amended 379
to read: 380
790.222 Bump-fire stocks prohibited. —A person may not 381
import into this state or transfer, distribute, sell, keep for 382
sale, offer for sale, possess, or give to another person a bump -383
fire stock. A person who violates this section commits a felony 384
of the third degree, punishable as provided in s. 775.082, s. 385
775.083, or s. 775.084. As used in this section, the term "bump -386
fire stock" means a conversion kit, a tool, an accessory, or a 387
device used to alter the rate of fire of a firearm to mimic 388
automatic weapon fire or which is used to increase the rate of 389
fire to a faster rate than is possible for a person to fire such 390
semiautomatic firearm unassisted by a kit, a tool, an accessory, 391
or a device. 392
Section 11. Subsection (2) and paragraph (a) of subsection 393
(4) of section 790.25, Florida Statutes, are amended to r ead: 394
790.25 Lawful ownership, possession, and use of firearms 395
and other weapons.— 396
(2) LAWFUL USES.—Notwithstanding ss. 790.01 , 790.053, and 397
790.06, the following persons may own, possess, and lawfully use 398
firearms and other weapons, ammunition, and sup plies for lawful 399
purposes if they are not otherwise prohibited from owning or 400
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possessing a firearm under state or federal law: 401
(a) Members of the Militia, National Guard, Florida State 402
Guard, Army, Navy, Air Force, Marine Corps, Space Force, Coast 403
Guard, organized reserves, and other armed forces of the state 404
and of the United States, when on duty, when training or 405
preparing themselves for military duty, or while subject to 406
recall or mobilization; 407
(b) Citizens of this state subject to duty in the Armed 408
Forces under s. 2, Art. X of the State Constitution, under 409
chapters 250 and 251, and under federal laws, when on duty or 410
when training or preparing themselves for military duty; 411
(c) Persons carrying out or training for emergency 412
management duties under c hapter 252; 413
(d) Sheriffs, marshals, prison or jail wardens, police 414
officers, Florida highway patrol officers, game wardens, revenue 415
officers, forest officials, special officers appointed under the 416
provisions of chapter 354, and other peace and law enforc ement 417
officers and their deputies and assistants and full -time paid 418
peace officers of other states and of the Federal Government who 419
are carrying out official duties while in this state; 420
(e) Officers or employees of the state or United States 421
duly authorized to carry a concealed weapon or a concealed 422
firearm; 423
(f) Guards or messengers of common carriers, express 424
companies, armored car carriers, mail carriers, banks, and other 425
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financial institutions, while actually employed in and about the 426
shipment, transportation, or delivery of any money, treasure, 427
bullion, bonds, or other thing of value within this state; 428
(g) Regularly enrolled members of any organization duly 429
authorized to purchase or receive weapons or firearms from the 430
United States or from this s tate, or regularly enrolled members 431
of clubs organized for target, skeet, or trap shooting, while at 432
or going to or from shooting practice; or regularly enrolled 433
members of clubs organized for modern or antique firearms 434
collecting, while such members are a t or going to or from their 435
collectors' gun shows, conventions, or exhibits; 436
(h) A person engaged in fishing, camping, or lawful 437
hunting or going to or returning from a fishing, camping, or 438
lawful hunting expedition; 439
(i) A person engaged in the busines s of manufacturing, 440
repairing, or dealing in firearms, or the agent or 441
representative of any such person while engaged in the lawful 442
course of such business; 443
(j) A person discharging a weapon or firearm for testing 444
or target practice under safe condition s and in a safe place not 445
prohibited by law or going to or from such place; 446
(k) A person discharging a weapon or firearm in a safe and 447
secure indoor range for testing and target practice; 448
(l) A person traveling in a public conveyance when the 449
weapon or firearm is securely encased and not in the person's 450
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manual possession; 451
(m) A person while carrying a handgun unloaded and in a 452
secure wrapper, concealed or otherwise, from the place of 453
purchase to his or her home or place of business or to a place 454
of repair or back to his or her home or place of business; 455
(n) A person possessing weapons or firearms at his or her 456
home or place of business; 457
(o) Investigators employed by the several public defenders 458
of the state, while actually carrying out official dut ies, 459
provided such investigators: 460
1. Are employed full time; 461
2. Meet the official training standards for firearms 462
established by the Criminal Justice Standards and Training 463
Commission as provided in s. 943.12(5) and the requirements of 464
ss. 493.6108(1)(a) and 943.13(1)-(4); and 465
3. Are individually designated by an affidavit of consent 466
signed by the employing public defender and filed with the clerk 467
of the circuit court in the county in which the employing public 468
defender resides. 469
(p) Investigators employed by the capital collateral 470
regional counsel, while actually carrying out official duties, 471
provided such investigators: 472
1. Are employed full time; 473
2. Meet the official training standards for firearms as 474
established by the Criminal Justice Standa rds and Training 475
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Commission as provided in s. 943.12(1) and the requirements of 476
ss. 493.6108(1)(a) and 943.13(1) -(4); and 477
3. Are individually designated by an affidavit of consent 478
signed by the capital collateral regional counsel and filed with 479
the clerk of the circuit court in the county in which the 480
investigator is headquartered. 481
(q)1. A tactical medical professional who is actively 482
operating in direct support of a tactical operation by a law 483
enforcement agency provided that: 484
a. The tactical medical professional is lawfully able to 485
possess firearms and has an active concealed weapon or concealed 486
firearm license issued pursuant to s. 790.06. 487
b. The tactical medical professional is appointed to a law 488
enforcement tactical team of a law enforcement age ncy by the 489
head of the law enforcement agency. 490
c. The law enforcement agency has an established policy 491
providing for the appointment, training, and deployment of the 492
tactical medical professional. 493
d. The tactical medical professional successfully 494
completes a firearms safety training and tactical training as 495
established or designated by the appointing law enforcement 496
agency. 497
e. The law enforcement agency provides and the tactical 498
medical professional participates in annual firearm training and 499
tactical training. 500
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2. While actively operating in direct support of a 501
tactical operation by a law enforcement agency, a tactical 502
medical professional: 503
a. May carry a firearm in the same manner as a law 504
enforcement officer, as defined in s. 943.10 and, 505
notwithstanding any other law, at any place a tactical law 506
enforcement operation occurs. 507
b. Has no duty to retreat and is justified in the use of 508
any force which he or she reasonably believes is necessary to 509
defend himself or herself or another from bodily harm. 510
c. Has the same immunities and privileges as a law 511
enforcement officer, as defined in s. 943.10, in a civil or 512
criminal action arising out of a tactical law enforcement 513
operation when acting within the scope of his or her official 514
duties. 515
3. This paragraph may not be construed to authorize a 516
tactical medical professional to carry, transport, or store any 517
firearm or ammunition on any fire apparatus or EMS vehicle. 518
4. The appointing law enforcement agency shall issue any 519
firearm or ammunition that the tactical medical professional 520
carries in accordance with this paragraph. 521
5. For the purposes of this paragraph, the term "tactical 522
medical professional" means a paramedic, as defined in s. 523
401.23, a physician, as defined in s. 458.305, or an osteopathic 524
physician, as defined in s. 459.003, who is appointed to provide 525
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direct support to a tactical law enforcement unit by providing 526
medical services at high -risk incidents, including, but not 527
limited to, hostage incidents, narcotics raids, hazardous 528
surveillance, sniper incidents, armed suicidal persons, 529
barricaded suspects, high -risk felony warrant service, fugitives 530
refusing to surrender, and active shooter incidents. 531
(4) POSSESSION IN PRIVATE CONVEYANCE. — 532
(a) Notwithstanding s. 790.01, a person 18 years of age or 533
older who is in lawful possession of a handgun or other weapon 534
may possess such a handgun or weapon within the interior of a 535
private conveyance if the handgun or weapon is securely encased 536
or otherwise not readily accessible for immediate use. A person 537
who possesses a handgun or other weapon as authorized under this 538
paragraph may not carry the handgun or weapon on his or her 539
person. 540
Section 12. Paragraphs (a) and (b) of subsection (7) of 541
section 790.251, Florida Statutes, are amended to read: 542
790.251 Protection of the right to keep and bear arms in 543
motor vehicles for self -defense and other lawful purposes; 544
prohibited acts; duty of public and private employers; immunity 545
from liability; enforcement. — 546
(7) EXCEPTIONS.—The prohibitions in subsec tion (4) do not 547
apply to: 548
(a) Any school property as defined and regulated under s. 549
790.115. 550
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(b) Any correctional institution regulated under s. 944.47 551
or chapter 957. 552
Section 13. Subsections (5) through (12) and (14) of 553
section 790.401, Florida St atutes, are renumbered as subsections 554
(4) through (11) and (12), respectively, paragraphs (e) through 555
(j) of subsection (2) are redesignated as paragraphs (d) through 556
(i), respectively, and paragraph (c) and present paragraph (d) 557
of subsection (2), paragra phs (a), (b), (c), (g), and (h) of 558
subsection (3), present subsection (4), paragraphs (a) and (c) 559
of present subsection (6), paragraph (a) of present subsection 560
(7), paragraph (d) of present subsection (8), and present 561
subsections (9) and (13) of that sect ion are amended to read: 562
790.401 Risk protection orders. — 563
(2) PETITION FOR A RISK PROTECTION ORDER. —There is created 564
an action known as a petition for a risk protection order. 565
(c) An indigent respondent is entitled to appointment of 566
counsel to the same extent that an indigent person would be 567
entitled to appointment of counsel in a felony criminal case 568
Such petition for a risk protection order does not require 569
either party to be represented by an attorney . 570
(d) Notwithstanding any other law, attorney fees may not 571
be awarded in any proceeding under this section. 572
(3) RISK PROTECTION ORDER HEARINGS AND ISSUANCE. — 573
(a) Upon receipt of a petition, the court must order a 574
hearing to be held no later than 14 days after the date of the 575
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order and must issue a notice of hearing to the respondent for 576
the same. 577
1. The clerk of the court shall cause a copy of the notice 578
of hearing and petition to be forwarded on or before the next 579
business day to the appropriate law enforcement agency for 580
service upon the respon dent as provided in subsection (4) (5). 581
2. The court may, as provided in subsection (4), issue a 582
temporary ex parte risk protection order pending the hearing 583
ordered under this subsection. Such temporary ex parte order 584
must be served concurrently with the notice of hearing and 585
petition as provided in subsection (5). 586
2.3. The court may conduct a hearing by remote video 587
conference telephone pursuant to a local court rule to 588
reasonably accommodate a disability or exceptional 589
circumstances. The court must receive assurances of the 590
petitioner's identity before conducting a telephonic hearing. 591
(b) Upon notice and a hearing on the matter, if the court 592
finds by clear and convincing evidence that the respondent poses 593
a significant danger of causing personal i njury to himself or 594
herself or others by having in his or her custody or control, or 595
by purchasing, possessing, or receiving, a firearm or any 596
ammunition, the court may must issue a risk protection order for 597
a period that it deems appropriate, up to and in cluding but not 598
exceeding 12 months. 599
(c) In determining whether grounds for a risk protection 600
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order exist, the court may consider any relevant evidence, 601
including, but not limited to, any of the following: 602
1. A recent act or threat of violence by the r espondent 603
against himself or herself or others, whether or not such 604
violence or threat of violence involves a firearm. 605
2. An act or threat of violence by the respondent within 606
the past 12 months, including, but not limited to, acts or 607
threats of violence by the respondent against himself or herself 608
or others. 609
3. Evidence of the respondent being seriously mentally ill 610
or having recurring mental health issues. 611
4. A violation by the respondent of a risk protection 612
order or a no contact order issued under s. 741.30, s. 784.046, 613
or s. 784.0485. 614
5. A previous or existing risk protection order issued 615
against the respondent. 616
6. A violation of a previous or existing risk protection 617
order issued against the respondent. 618
7. Whether the respondent, in this st ate or any other 619
state, has been convicted of, had adjudication withheld on, or 620
pled nolo contendere to a crime that constitutes domestic 621
violence as defined in s. 741.28. 622
8. Whether the respondent has used, or has threatened to 623
use, against himself or h erself or others any weapons. 624
9. The unlawful or reckless use, display, or brandishing 625
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of a firearm by the respondent. 626
10. The recurring use of, or threat to use, physical force 627
by the respondent against another person or the respondent 628
stalking another person. 629
11. Whether the respondent, in this state or any other 630
state, has been arrested for, convicted of, had adjudication 631
withheld on, or pled nolo contendere to a crime involving 632
violence or a threat of violence. 633
12. Corroborated evidence of the a buse of controlled 634
substances or alcohol by the respondent. 635
13. Evidence of recent acquisition of firearms or 636
ammunition by the respondent is only relevant if the respondent 637
previously did not own or possess firearms or ammunition and one 638
or more of the other factors in this paragraph is present . 639
14. Any relevant information from family and household 640
members concerning the respondent. 641
15. Witness testimony, taken while the witness is under 642
oath, relating to the matter before the court. 643
(g) A risk protection order must include all of the 644
following: 645
1. A statement of the grounds supporting the issuance of 646
the order; 647
2. The date the order was issued; 648
3. The date the order ends; 649
4. Whether a mental health evaluation or chemical 650
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dependency evaluation of the respondent is required; 651
5. The address of the court in which any responsive 652
pleading should be filed; 653
6. A description of the requirements for the surrender of 654
all firearms and ammunition that the respondent owns, under 655
subsection (6) (7); and 656
7. The following statement: 657
"To the subject of this protection order: This order will last 658
until the date noted above. If you have not done so already, you 659
must surrender immediately to the (insert name of local law 660
enforcement agency) all firearms and ammunition that you own in 661
your custody, control, or possession and any license to carry a 662
concealed weapon or firearm issued to you under s. 790.06, 663
Florida Statutes. You may not have in your custody or control, 664
or purchase, possess, receive, or attem pt to purchase or 665
receive, a firearm or ammunition while this order is in effect. 666
You have the right to request one hearing to vacate this order, 667
starting after the date of the issuance of this order, and to 668
request another hearing after every extension of the order, if 669
any. You may seek the advice of an attorney as to any matter 670
connected with this order." 671
(h) If the court issues a risk protection order, the court 672
must inform the respondent that he or she is entitled to request 673
a hearing to vacate the or der in the manner provided by 674
subsection (5) (6). The court shall provide the respondent with 675
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a form to request a hearing to vacate. 676
(4) TEMPORARY EX PARTE RISK PROTECTION ORDERS. — 677
(a) A petitioner may request that a temporary ex parte 678
risk protection order be issued before a hearing for a risk 679
protection order, without notice to the respondent, by including 680
in the petition detailed allegations based on personal knowledge 681
that the respondent poses a significant danger of causing 682
personal injury to himse lf or herself or others in the near 683
future by having in his or her custody or control, or by 684
purchasing, possessing, or receiving, a firearm or ammunition. 685
(b) In considering whether to issue a temporary ex parte 686
risk protection order under this section, the court shall 687
consider all relevant evidence, including the evidence described 688
in paragraph (3)(c). 689
(c) If a court finds there is reasonable cause to believe 690
that the respondent poses a significant danger of causing 691
personal injury to himself or herse lf or others in the near 692
future by having in his or her custody or control, or by 693
purchasing, possessing, or receiving, a firearm or ammunition, 694
the court must issue a temporary ex parte risk protection order. 695
(d) The court must hold a temporary ex parte risk 696
protection order hearing in person or by telephone on the day 697
the petition is filed or on the business day immediately 698
following the day the petition is filed. 699
(e) A temporary ex parte risk protection order must 700
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include all of the following: 701
1. A statement of the grounds asserted for the order; 702
2. The date the order was issued; 703
3. The address of the court in which any responsive 704
pleading may be filed; 705
4. The date and time of the scheduled hearing; 706
5. A description of the requirements for t he surrender of 707
all firearms and ammunition that the respondent owns, under 708
subsection (7); and 709
6. The following statement: 710
"To the subject of this protection order: This order is valid 711
until the date noted above. You are required to surrender all 712
firearms and ammunition that you own in your custody, control, 713
or possession. You may not have in your custody or control, or 714
purchase, possess, receive, or attempt to purchase or receive, a 715
firearm or ammunition while this order is in effect. You must 716
surrender immediately to the (insert name of local law 717
enforcement agency) all firearms and ammunition in your custody, 718
control, or possession and any license to carry a concealed 719
weapon or firearm issued to you under s. 790.06, Florida 720
Statutes. A hearing will be held on the date and at the time 721
noted above to determine if a risk protection order should be 722
issued. Failure to appear at that hearing may result in a court 723
issuing an order against you which is valid for 1 year. You may 724
seek the advice of an attorney as to any matter connected with 725
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this order." 726
(f) A temporary ex parte risk protection order ends upon 727
the hearing on the risk protection order. 728
(g) A temporary ex parte risk protection order must be 729
served by a law enforcement officer in the same manner as 730
provided for in subsection (5) for service of the notice of 731
hearing and petition and must be served concurrently with the 732
notice of hearing and petition. 733
(h) If the court denies the petitioner's request for a 734
temporary ex parte risk protection order, the court must state 735
the particular reasons for the denial. 736
(5)(6) TERMINATION AND EXTENSION OF ORDERS. — 737
(a) The respondent may submit one written request for a 738
hearing to vacate a risk protection order issued under this 739
section, starting after the dat e of the issuance of the order, 740
and may request another hearing after every extension of the 741
order, if any. 742
1. Upon receipt of the request for a hearing to vacate a 743
risk protection order, the court shall set a date for a hearing. 744
Notice of the request mu st be served on the petitioner in 745
accordance with subsection (4) (5). The hearing must occur no 746
sooner than 14 days and no later than 30 days after the date of 747
service of the request upon the petitioner. 748
2. The respondent shall have the burden of proving by 749
clear and convincing evidence that the respondent does not pose 750
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a significant danger of causing personal injury to himself or 751
herself or others by having in his or her custody or control, 752
purchasing, possessing, or receiving a firearm or ammunition. 753
The court may consider any relevant evidence, including evidence 754
of the considerations listed in paragraph (3)(c). 755
3. If the court finds after the hearing that the 756
respondent has met his or her burden of proof, the court must 757
vacate the order. 758
4. The law enforcement agency holding any firearm or 759
ammunition or license to carry a concealed weapon or firearm 760
that has been surrendered pursuant to this section shall be 761
notified of the court order to vacate the risk protection order. 762
(c) The petitioner may, b y motion, request an extension of 763
a risk protection order at any time within 30 days before the 764
end of the order. 765
1. Upon receipt of the motion to extend, the court shall 766
order that a hearing be held no later than 14 days after the 767
date the order is issu ed and shall schedule such hearing. 768
a. The court may schedule a hearing by telephone in the 769
manner provided by subparagraph (3)(a)2. (3)(a)3. 770
b. The respondent must be personally serviced in the same 771
manner provided by subsection (5). 772
2. In determining whether to extend a risk protection 773
order issued under this section, the court may consider all 774
relevant evidence, including evidence of the considerations 775
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listed in paragraph (3)(c). 776
3. If the court finds by clear and convincing evide nce 777
that the requirements for issuance of a risk protection order as 778
provided in subsection (3) continue to be met, the court must 779
extend the order. However, if, after notice, the motion for 780
extension is uncontested and no modification of the order is 781
sought, the order may be extended on the basis of a motion or 782
affidavit stating that there has been no material change in 783
relevant circumstances since entry of the order and stating the 784
reason for the requested extension. 785
4. The court may extend a risk prote ction order for a 786
period that it deems appropriate, up to and including but not 787
exceeding 12 months, subject to an order to vacate as provided 788
in paragraph (a) or to another extension order by the court. 789
(6)(7) SURRENDER OF FIREARMS AND AMMUNITION. — 790
(a) Upon issuance of a risk protection order under this 791
section, including a temporary ex parte risk protection order, 792
the court shall order the respondent to surrender to the local 793
law enforcement agency all firearms and ammunition owned by the 794
respondent in the respondent's custody, control, or possession 795
except as provided in subsection (8) (9), and any license to 796
carry a concealed weapon or firearm issued under s. 790.06, held 797
by the respondent. 798
(7)(8) RETURN AND DISPOSAL OF FIREARMS AND AMMUNITION. — 799
(d) Any firearm and ammunition surrendered by a respondent 800
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pursuant to subsection (6) (7) which remains unclaimed for 1 801
year by the lawful owner after an order to vacate the risk 802
protection order shall be disposed of in accordance with the law 803
enforcement agency's policies and procedures for the disposal of 804
firearms in police custody. 805
(8)(9) TRANSFER OF FIREARMS AND AMMUNITION. —A respondent 806
may elect to transfer all firearms and ammunition owned by the 807
respondent that have been surrendered to or seized by a local 808
law enforcement agency pursuant to subsection (6) (7) to another 809
person who is willing to receive the respondent's firearms and 810
ammunition. The law enforcement agency must allow such a 811
transfer only if it is determined that the chosen recipient: 812
(a) Currently is eligible to own or possess a firearm and 813
ammunition under federal and state law after confirmation 814
through a background check; 815
(b) Attests to storing the firearms and ammunition in a 816
manner such that the respondent does not have access to or 817
control of the firearms and ammunition until the risk protection 818
order against the respondent is vacated or ends without 819
extension; and 820
(c) Attests not to transfer the firearms or ammunition 821
back to the respondent until the risk protection order ag ainst 822
the respondent is vacated or ends without extension. 823
(13) LIABILITY.—Except as provided in subsection (8) or 824
subsection (11), this section does not impose criminal or civil 825
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liability on any person or entity for acts or omissions related 826
to obtaining a risk protection order or temporary ex parte risk 827
protection order, including, but not limited to, providing 828
notice to the petitioner, a family or household member of the 829
respondent, and any known third party who may be at risk of 830
violence or failure to provide such notice, or reporting, 831
declining to report, investigating, declining to investigate, 832
filing, or declining to file, a petition under this section. 833
Section 14. Subsections (1) and (4) of section 27.53, 834
Florida Statutes, are amended to read: 835
27.53 Appointment of assistants and other staff; method of 836
payment.— 837
(1) The public defender of each judicial circuit is 838
authorized to employ and establish, in such numbers as 839
authorized by the General Appropriations Act, assistant public 840
defenders and other staff and personnel pursuant to s. 29.006, 841
who shall be paid from funds appropriated for that purpose. 842
Notwithstanding s. 790.01 ss. 790.01 and 790.02 , an investigator 843
employed by a public defender, while actually carrying out 844
official duties, is au thorized to carry a concealed weapon or 845
concealed firearm if the investigator complies with s. 846
790.25(2)(o). However, such investigators are not eligible for 847
membership in the Special Risk Class of the Florida Retirement 848
System. The public defenders of all judicial circuits shall 849
jointly develop a coordinated classification and pay plan which 850
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shall be submitted on or before January 1 of each year to the 851
Justice Administrative Commission, the office of the President 852
of the Senate, and the office of the Speak er of the House of 853
Representatives. Such plan shall be developed in accordance with 854
policies and procedures of the Executive Office of the Governor 855
established in s. 216.181. Each assistant public defender 856
appointed by a public defender under this section shall serve at 857
the pleasure of the public defender. Each investigator employed 858
by a public defender shall have full authority to serve any 859
witness subpoena or court order issued, by any court or judge 860
within the judicial circuit served by such public defen der, in a 861
criminal case in which such public defender has been appointed 862
to represent the accused. 863
(4) The five criminal conflict and civil regional counsels 864
may employ and establish, in the numbers authorized by the 865
General Appropriations Act, assistant regional counsels and 866
other staff and personnel in each judicial district pursuant to 867
s. 29.006, who shall be paid from funds appropriated for that 868
purpose. Notwithstanding s. 790.01 ss. 790.01 and 790.02 , an 869
investigator employed by an office of criminal conflict and 870
civil regional counsel, while actually carrying out official 871
duties, is authorized to carry a concealed weapon or concealed 872
firearm if the investigator complies with s. 790.25(2)(o). 873
However, such investigators are not eligible for membership in 874
the Special Risk Class of the Florida Retirement System. The 875
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five regional counsels shall jointly develop a coordinated 876
classification and pay plan for submission to the Justice 877
Administrative Commission, the President of the Senate, and the 878
Speaker of the House of Representatives by January 1 of each 879
year. The plan must be developed in accordance with policies and 880
procedures of the Executive Office of the Governor established 881
in s. 216.181. Each assistant regional counsel appointed by the 882
regional counsel under this section shall serve at the pleasure 883
of the regional counsel. Each investigator employed by the 884
regional counsel shall have full authority to serve any witness 885
subpoena or court order issued by any court or judge in a 886
criminal case in which t he regional counsel has been appointed 887
to represent the accused. 888
Section 15. Paragraph (b) of subsection (3) of section 889
943.051, Florida Statutes, is amended to read: 890
943.051 Criminal justice information; collection and 891
storage; fingerprinting. — 892
(3) 893
(b) A minor who is charged with or found to have committed 894
the following offenses shall be fingerprinted and the 895
fingerprints shall be submitted electronically to the 896
department, unless the minor is issued a civil citation pursuant 897
to s. 985.12: 898
1. Assault, as defined in s. 784.011. 899
2. Battery, as defined in s. 784.03. 900
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3. Carrying a concealed weapon, as defined in s. 901
790.01(2). 902
4. Unlawful use of destructive devices or bombs, as 903
defined in s. 790.1615(1). 904
5. Neglect of a child, as defined in s. 827.03(1)(e). 905
6. Assault or battery on a law enforcement officer, a 906
firefighter, or other specified officers, as defined in s. 907
784.07(2)(a) and (b). 908
7. Open carrying of a weapon, as defined in s. 790.053. 909
7.8. Exposure of sexual organs, as defined i n s. 800.03. 910
8.9. Unlawful possession of a firearm, as defined in s. 911
790.22(5). 912
9.10. Petit theft, as defined in s. 812.014(3). 913
10.11. Cruelty to animals, as defined in s. 828.12(1). 914
11.12. Arson, as defined in s. 806.031(1). 915
12.13. Unlawful possession or discharge of a weapon or 916
firearm at a school-sponsored event or on school property, as 917
provided in s. 790.115. 918
Section 16. Paragraph (d) of subsection (1) of section 919
943.0585, Florida Statutes, is amended to read: 920
943.0585 Court-ordered expunction of criminal history 921
records.— 922
(1) ELIGIBILITY.—A person is eligible to petition a court 923
to expunge a criminal history record if: 924
(d) The person has never, as of the date the application 925
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for a certificate of expunction is filed, b een adjudicated 926
guilty in this state of a criminal offense or been adjudicated 927
delinquent in this state for committing any felony or any of the 928
following misdemeanors, unless the record of such adjudication 929
of delinquency has been expunged pursuant to s. 9 43.0515: 930
1. Assault, as defined in s. 784.011; 931
2. Battery, as defined in s. 784.03; 932
3. Assault on a law enforcement officer, a firefighter, or 933
other specified officers, as defined in s. 784.07(2)(a); 934
4. Carrying a concealed weapon, as defined in s. 935
790.01(2); 936
5. Open carrying of a weapon, as defined in s. 790.053; 937
5.6. Unlawful possession or discharge of a weapon or 938
firearm at a school-sponsored event or on school property, as 939
defined in s. 790.115; 940
6.7. Unlawful use of destructive devices or bombs, as 941
defined in s. 790.1615(1); 942
7.8. Unlawful possession of a firearm, as defined in s. 943
790.22(5); 944
8.9. Exposure of sexual organs, as defined in s. 800.03; 945
9.10. Arson, as defined in s. 806.031(1); 946
10.11. Petit theft, as defined in s. 812.014( 3); 947
11.12. Neglect of a child, as defined in s. 827.03(1)(e); 948
or 949
12.13. Cruelty to animals, as defined in s. 828.12(1). 950
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Section 17. Paragraph (b) of subsection (1) of section 951
943.059, Florida Statutes, is amended to read: 952
943.059 Court-ordered sealing of criminal history 953
records.— 954
(1) ELIGIBILITY.—A person is eligible to petition a court 955
to seal a criminal history record when: 956
(b) The person has never, before the date the application 957
for a certificate of eligibility is filed, been adjudicated 958
guilty in this state of a criminal offense, or been adjudicated 959
delinquent in this state for committing any felony or any of the 960
following misdemeanor offenses, unless the record of such 961
adjudication of delinquency has been expunged pursuant to s. 962
943.0515: 963
1. Assault, as defined in s. 784.011; 964
2. Battery, as defined in s. 784.03; 965
3. Assault on a law enforcement officer, a firefighter, or 966
other specified officers, as defined in s. 784.07(2)(a); 967
4. Carrying a concealed weapon, as defined in s. 968
790.01(2); 969
5. Open carrying of a weapon, as defined in s. 790.053; 970
5.6. Unlawful possession or discharge of a weapon or 971
firearm at a school-sponsored event or on school property, as 972
defined in s. 790.115; 973
6.7. Unlawful use of destructive devices or bombs, as 974
defined in s. 790.1615(1); 975
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7.8. Unlawful possession of a firearm by a minor, as 976
defined in s. 790.22(5); 977
8.9. Exposure of sexual organs, as defined in s. 800.03; 978
9.10. Arson, as defined in s. 806.031 (1); 979
10.11. Petit theft, as defined in s. 812.014(3); 980
11.12. Neglect of a child, as defined in s. 827.03(1)(e); 981
or 982
12.13. Cruelty to animals, as defined in s. 828.12(1). 983
Section 18. Paragraph (b) of subsection (1) of section 984
985.11, Florida Statutes, is amended to read: 985
985.11 Fingerprinting and photographing. — 986
(1) 987
(b) Unless the child is issued a civil citation or is 988
participating in a similar diversion program pursuant to s. 989
985.12, a child who is charged with or found to have committe d 990
one of the following offenses shall be fingerprinted, and the 991
fingerprints shall be submitted to the Department of Law 992
Enforcement as provided in s. 943.051(3)(b): 993
1. Assault, as defined in s. 784.011. 994
2. Battery, as defined in s. 784.03. 995
3. Carrying a concealed weapon, as defined in s. 996
790.01(2). 997
4. Unlawful use of destructive devices or bombs, as 998
defined in s. 790.1615(1). 999
5. Neglect of a child, as defined in s. 827.03(1)(e). 1000
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6. Assault on a law enforcement officer, a firefighter, or 1001
other specified officers, as defined in s. 784.07(2)(a). 1002
7. Open carrying of a weapon, as defined in s. 790.053. 1003
7.8. Exposure of sexual organs, as defined in s. 800.03. 1004
8.9. Unlawful possession of a firearm, as defined in s. 1005
790.22(5). 1006
9.10. Petit theft, as defined in s. 812.014. 1007
10.11. Cruelty to animals, as defined in s. 828.12(1). 1008
11.12. Arson, resulting in bodily harm to a firefighter, 1009
as defined in s. 806.031(1). 1010
12.13. Unlawful possession or discharge of a weapon or 1011
firearm at a school-sponsored event or on school property as 1012
defined in s. 790.115. 1013
1014
A law enforcement agency may fingerprint and photograph a child 1015
taken into custody upon probable cause that such child has 1016
committed any other violation of law, as the agency deems 1017
appropriate. Such fingerprint records and photographs shall be 1018
retained by the law enforcement agency in a separate file, and 1019
these records and all copies thereof must be marked "Juvenile 1020
Confidential." These records are not available for public 1021
disclosure and inspection u nder s. 119.07(1) except as provided 1022
in ss. 943.053 and 985.04(2), but shall be available to other 1023
law enforcement agencies, criminal justice agencies, state 1024
attorneys, the courts, the child, the parents or legal 1025
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custodians of the child, their attorneys, a nd any other person 1026
authorized by the court to have access to such records. In 1027
addition, such records may be submitted to the Department of Law 1028
Enforcement for inclusion in the state criminal history records 1029
and used by criminal justice agencies for crimin al justice 1030
purposes. These records may, in the discretion of the court, be 1031
open to inspection by anyone upon a showing of cause. The 1032
fingerprint and photograph records shall be produced in the 1033
court whenever directed by the court. Any photograph taken 1034
pursuant to this section may be shown by a law enforcement 1035
officer to any victim or witness of a crime for the purpose of 1036
identifying the person who committed such crime. 1037
Section 19. This act shall take effect upon becoming a 1038
law. 1039