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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; repealing s. 790.401, F.S., 37
relating to risk protection orders; amending ss. 38
27.53, 394.463, 943.051, 943.0585, 943.059, and 39
985.11, F.S.; conforming provisions to changes made by 40
the act; providing an effectiv e date. 41
42
WHEREAS, the Legislature finds that the Second Amendment to 43
the United States Constitution guarantees that the right to keep 44
and bear arms is a fundamental individual right that is 45
incorporated to the state and shall not be infringed, and 46
WHEREAS, the Legislature acknowledges that s. 8(a), Art. I 47
of the State Constitution declares that "The right of the people 48
to keep and bear arms in defense of themselves and of the lawful 49
authority of the state shall not be infringed, except that the 50
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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
manner of bearing arms may be regulated by law," and 51
WHEREAS, the Florida appellate courts have found the 52
issuance of a license to carry a concealed weapon or firearm to 53
be a privilege and not a vested right, and 54
WHEREAS, the Legislature finds that any regu lation of a 55
manner of bearing arms that constitutes a general ban on 56
unconcealed carry or a general ban on the carry or possession of 57
an entire class of arms that is in common use for lawful 58
purposes would be an unconstitutional infringement of the 59
fundamental individual rights of the people guaranteed by both 60
the Second Amendment to the United States Constitution and s. 8, 61
Art. I of the State Constitution, and 62
WHEREAS, the Legislature seeks to protect the fundamental 63
individual right to keep and bear arm s, NOW, THEREFORE, 64
65
Be It Enacted by the Legislature of the State of Florida: 66
67
Section 1. Paragraph (g) is added to subsection (12) of 68
section 790.001, Florida Statutes, to read: 69
790.001 Definitions. —As used in this chapter, except where 70
the context otherwise requires: 71
(12) "Law enforcement officer" means: 72
(g) A person holding a judicial office, as defined in s. 73
105.011(1). 74
Section 2. Section 790.013, Florida Statutes, is amended 75
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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
to read: 76
790.013 Carrying of concealed weapons , or concealed 77
handguns, or unconcealed firearms without a license. —A person 78
who carries a concealed weapon , a or concealed handgun, or an 79
unconcealed firearm without a license as authorized under s. 80
790.01(1)(b) or s. 790.053(1)(b): 81
(1) Must carry valid identif ication at all times when he 82
or she is in actual possession of a concealed weapon , a or 83
concealed handgun, or an unconcealed firearm and must display 84
such identification upon demand by a law enforcement officer. A 85
violation of this subsection is a noncrimi nal violation 86
punishable by a $25 fine, payable to the clerk of the court. 87
(2) Is subject to s. 790.06(12) in the same manner as a 88
person who is licensed to carry a concealed weapon or concealed 89
firearm. 90
Section 3. Section 790.02, Florida Statutes, i s repealed. 91
Section 4. Section 790.051, Florida Statutes, is repealed. 92
Section 5. Section 790.053, Florida Statutes, is amended 93
to read: 94
790.053 Open carrying of weapons. — 95
(1) Except as otherwise provided by law and in subsection 96
(2), it is lawful unlawful for any person to openly carry on or 97
about his or her person any otherwise legal firearm or electric 98
weapon or device. It is not a violation of this section for a 99
person who carries a concealed firearm as authorized in s. 100
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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
790.01(1) to briefly and openly display the firearm to the 101
ordinary sight of another person, unless the firearm is 102
intentionally displayed in an angry or threatening manner, not 103
in necessary self-defense. 104
(2) A person may openly carry, for purposes of lawful 105
self-defense: 106
(a) A self-defense chemical spray. 107
(b) A nonlethal stun gun or dart -firing stun gun or other 108
nonlethal electric weapon or device that is designed solely for 109
defensive purposes. 110
(3) Any person violating this section commits a 111
misdemeanor of the second d egree, punishable as provided in s. 112
775.082 or s. 775.083. 113
Section 6. Subsections (16) through (18) of section 114
790.06, Florida Statutes, are renumbered as subsections (15) 115
through (17), respectively, and paragraph (b) of subsection (5), 116
paragraphs (b) and (e) of subsection (6), subsection (11), 117
paragraph (a) of subsection (12), and present subsection (15) of 118
that section are amended to read: 119
790.06 License to carry concealed weapon or concealed 120
firearm.— 121
(5) The applicant shall submit to the Departm ent of 122
Agriculture and Consumer Services or an approved tax collector 123
pursuant to s. 790.0625: 124
(b) A nonrefundable license fee of up to $55 if he or she 125
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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
has not previously been issued a statewide license or of up to 126
$45 for renewal of a statewide license . The cost of processing 127
fingerprints as required in paragraph (c) shall be borne by the 128
state from general revenue applicant. However, an individual 129
holding an active certification from the Criminal Justice 130
Standards and Training Commission as a law enfor cement officer, 131
correctional officer, or correctional probation officer as 132
defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9) is 133
exempt from the licensing requirements of this section. If such 134
individual wishes to receive a concealed weapon or concea led 135
firearm license, he or she is exempt from the background 136
investigation and all background investigation fees but must pay 137
the current license fees regularly required to be paid by 138
nonexempt applicants . Further, a law enforcement officer, a 139
correctional officer, or a correctional probation officer as 140
defined in s. 943.10(1), (2), or (3) is exempt from the required 141
fees and background investigation for 1 year after his or her 142
retirement. 143
(6) 144
(b) The sheriff's office shall provide fingerprinting 145
service if requested by the applicant and may charge a fee not 146
to exceed $5 for this service . 147
(e) A consular security official of a foreign government 148
that maintains diplomatic relations and treaties of commerce, 149
friendship, and navigation with the United States and is 150
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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
certified as such by the foreign government and by the 151
appropriate embassy in t his country must be issued a license 152
within 20 days after the date of the receipt of a completed 153
application, certification document, color photograph as 154
specified in paragraph (5)(e) , and a nonrefundable license fee 155
of $300. Consular security official lic enses shall be valid for 156
1 year and may be renewed upon completion of the application 157
process as provided in this section. 158
(11)(a) At least 90 days before the expiration date of the 159
license, the Department of Agriculture and Consumer Services 160
shall mail to each licensee a written notice of the expiration 161
and a renewal form prescribed by the Department of Agriculture 162
and Consumer Services. The licensee must renew his or her 163
license on or before the expiration date by filing with the 164
Department of Agricultu re and Consumer Services the renewal form 165
containing an affidavit submitted under oath and under penalty 166
of perjury stating that the licensee remains qualified pursuant 167
to the criteria specified in subsections (2) and (3), and a 168
color photograph as specifi ed in paragraph (5)(e) , and the 169
required renewal fee . Out-of-state residents must also submit a 170
complete set of fingerprints and fingerprint processing fee . The 171
license shall be renewed upon receipt of the completed renewal 172
form, color photograph, appropriate payment of fees, and, if 173
applicable, fingerprints. Additionally, a licensee who fails to 174
file a renewal application on or before its expiration date must 175
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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
renew his or her license by paying a late fee of $15. A license 176
may not be renewed 180 days or mor e after its expiration date, 177
and such a license is deemed to be permanently expired. A person 178
whose license has been permanently expired may reapply for 179
licensure; however, an application for licensure and fees under 180
subsection (5) must be submitted, and a background investigation 181
shall be conducted pursuant to this section. A person who 182
knowingly files false information under this subsection is 183
subject to criminal prosecution under s. 837.06. 184
(b) A license issued to a servicemember, as defined in s. 185
250.01, is subject to paragraph (a); however, such a license 186
does not expire while the servicemember is serving on military 187
orders that have taken him or her over 35 miles from his or her 188
residence and shall be extended, as provided in this paragraph, 189
for up to 180 days after his or her return to such residence. If 190
the license renewal requirements in paragraph (a) are met within 191
the 180-day extension period, the servicemember may not be 192
charged any additional costs, such as, but not limited to, late 193
fees or delinquency fees, above the normal license fees. The 194
servicemember must present to the Department of Agriculture and 195
Consumer Services a copy of his or her official military orders 196
or a written verification from the member's commanding officer 197
before the end of the 180-day period in order to qualify for the 198
extension. 199
(12)(a) A license issued under this section does not 200
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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
authorize any person to openly carry a handgun or carry a 201
concealed weapon or concealed firearm into: 202
1. Any place of nuisance as defined in s. 823.05; 203
2. Any police, sheriff, or highway patrol station; 204
3. Any detention facility, prison, or jail; 205
4. Any courthouse, except that nothing in this 206
subparagraph precludes a judge from carrying a weapon or firearm 207
or determining who will carry a concealed weapon or concealed 208
firearm in his or her courtroom or chambers, and this exception 209
shall not extend to any parking facility in or near any 210
courthouse; 211
5. Any courtroom, except that nothing in this section 212
precludes a judge from carrying a concealed weapon or concealed 213
firearm or determining who will carry a concealed weapon or 214
concealed firearm in his or her courtroom; 215
6. Any polling place; 216
6.7. Any meeting of the governing body of a county, public 217
school district, municipality, or speci al district; 218
7.8. Any meeting of the Legislature or a committee 219
thereof, except that nothing in this section precludes a member 220
of the Legislature from carrying a concealed weapon or concealed 221
firearm in such meeting or in the Capitol Complex, as defined in 222
s. 281.01; 223
9. Any school, college, or professional athletic event not 224
related to firearms; 225
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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
8.10. Any elementary or secondary school facility or 226
administration building; 227
11. Any career center; 228
9.12. Any portion of an establishment licensed to di spense 229
alcoholic beverages for consumption on the premises, which 230
portion of the establishment is primarily devoted to such 231
purpose; 232
13. Any college or university facility unless the licensee 233
is a registered student, employee, or faculty member of such 234
college or university and the weapon is a stun gun or nonlethal 235
electric weapon or device designed solely for defensive purposes 236
and the weapon does not fire a dart or projectile; 237
10.14. The inside of the passenger terminal and sterile 238
area of any airport, provided that no person shall be prohibited 239
from carrying any legal firearm into the terminal, which firearm 240
is encased for shipment for purposes of checking such firearm as 241
baggage to be lawfully transported on any aircraft; or 242
11.15. Any place where the carrying of firearms is 243
prohibited by federal law. 244
(15) All funds received by the sheriff pursuant to the 245
provisions of this section shall be deposited into the general 246
revenue fund of the county and shall be budgeted to the sheriff. 247
Section 7. Subsections (6) through (8) of section 248
790.0625, Florida Statutes, are renumbered as subsections (5) 249
through (7), respectively, and present subsections (5) and (8) 250
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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
of that section are amended to read: 251
790.0625 Appointment of tax collectors to accept 252
applications for a concealed weapon or firearm license; fees; 253
penalties.— 254
(5) A tax collector appointed under this section may 255
collect and retain a convenience fee of $22 for each new 256
application, $12 for each renewal application, $12 for each 257
replacement license, $9 for fingerprinting services associated 258
with the completion of an application submitted online or by 259
mail, and $9 for photographing services associated with the 260
completion of an application submitted online or by mail, and 261
shall remit weekly to th e department the license fees pursuant 262
to s. 790.06 for deposit in the Division of Licensing Trust 263
Fund. 264
(7)(8) Upon receipt of a completed renewal application 265
and, a new color photograph , and payment of required fees , a tax 266
collector authorized to accep t renewal applications for 267
concealed weapon or firearm licenses under this section may, 268
upon approval and confirmation of license issuance by the 269
department, print and deliver a concealed weapon or firearm 270
license to a licensee renewing his or her license at the tax 271
collector's office. 272
Section 8. Paragraph (a) of subsection (1) of section 273
790.065, Florida Statutes, is amended to read: 274
790.065 Sale and delivery of firearms. — 275
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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
(1)(a) A licensed importer, licensed manufacturer, or 276
licensed dealer may no t sell or deliver from her or his 277
inventory at her or his licensed premises any firearm to another 278
person, other than a licensed importer, licensed manufacturer, 279
licensed dealer, or licensed collector, until she or he has: 280
1. Obtained a completed form fr om the potential buyer or 281
transferee, which form shall have been promulgated by the 282
Department of Law Enforcement and provided by the licensed 283
importer, licensed manufacturer, or licensed dealer, which shall 284
include the name, date of birth, gender, race, a nd social 285
security number or other identification number of such potential 286
buyer or transferee and has inspected proper identification 287
including an identification containing a photograph of the 288
potential buyer or transferee. 289
2. Collected a fee from the p otential buyer for processing 290
the criminal history check of the potential buyer. The fee shall 291
be established by the Department of Law Enforcement and may not 292
exceed $8 per transaction. The Department of Law Enforcement may 293
reduce, or suspend collection of , the fee to reflect payment 294
received from the Federal Government applied to the cost of 295
maintaining the criminal history check system established by 296
this section as a means of facilitating or supplementing the 297
National Instant Criminal Background Check Sy stem. The 298
Department of Law Enforcement shall, by rule, establish 299
procedures for the fees to be transmitted by the licensee to the 300
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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
Department of Law Enforcement. Such procedures must provide that 301
fees may be paid or transmitted by electronic means, includi ng, 302
but not limited to, debit cards, credit cards, or electronic 303
funds transfers. All such fees shall be deposited into the 304
Department of Law Enforcement Operating Trust Fund, but shall be 305
segregated from all other funds deposited into such trust fund 306
and must be accounted for separately. Such segregated funds must 307
not be used for any purpose other than the operation of the 308
criminal history checks required by this section. The Department 309
of Law Enforcement, each year before February 1, shall make a 310
full accounting of all receipts and expenditures of such funds 311
to the President of the Senate, the Speaker of the House of 312
Representatives, the majority and minority leaders of each house 313
of the Legislature, and the chairs of the appropriations 314
committees of each house of the Legislature. In the event that 315
the cumulative amount of funds collected exceeds the cumulative 316
amount of expenditures by more than $2.5 million, excess funds 317
may be used for the purpose of purchasing soft body armor for 318
law enforcement officer s. 319
2.3. Requested, by means of a toll -free telephone call or 320
other electronic means, the Department of Law Enforcement to 321
conduct a check of the information as reported and reflected in 322
the Florida Crime Information Center and National Crime 323
Information Center systems as of the date of the request. 324
3.4. Received a unique approval number for that inquiry 325
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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
from the Department of Law Enforcement, and recorded the date 326
and such number on the consent form. 327
Section 9. Paragraphs (a) and (c) of subsection ( 2) of 328
section 790.115, Florida Statutes, are amended to read: 329
790.115 Possessing or discharging weapons or firearms at a 330
school-sponsored event or on school property prohibited; 331
penalties; exceptions. — 332
(2)(a) A person shall not possess any firearm, ele ctric 333
weapon or device, destructive device, or other weapon as defined 334
in s. 790.001, including a razor blade or box cutter, except as 335
authorized in support of school -sanctioned activities, at a 336
school-sponsored event or on the property of any school, scho ol 337
bus, or school bus stop; however, a person may carry a firearm: 338
1. In a case to a firearms program, class or function 339
which has been approved in advance by the principal or chief 340
administrative officer of the school as a program or class to 341
which firearms could be carried; 342
2. In a case to a career center having a firearms training 343
range; or 344
3. In a vehicle pursuant to s. 790.25(4) ; except that 345
school districts may adopt written and published policies that 346
waive the exception in this subparagraph for purposes of student 347
and campus parking privileges . 348
349
For the purposes of this section, "school" means any preschool, 350
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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
elementary school, middle school, junior high school, secondary 351
school, career center, or postsecondary school, whether public 352
or nonpublic. 353
(c)1. Except as provided in paragraph (e), a person who 354
willfully and knowingly possesses any firearm in violation of 355
this subsection commits a felony of the third degree, punishable 356
as provided in s. 775.082, s. 775.083, or s. 775.084. 357
2. A person who stores or leaves a loaded firearm within 358
the reach or easy access of a minor who obtains the firearm and 359
commits a violation of subparagraph 1. commits a misdemeanor of 360
the second degree, punishable as provided in s. 775.082 or s. 361
775.083; except that this does not apply if the firearm was 362
stored or left in a securely locked box or container or in a 363
location which a reasonable person would have believed to be 364
secure, or was securely locked with a firearm -mounted push-365
button combination lock or a trigg er lock; if the minor obtains 366
the firearm as a result of an unlawful entry by any person; or 367
to members of the Armed Forces, National Guard, or State 368
Militia, or to police or other law enforcement officers, with 369
respect to firearm possession by a minor whi ch occurs during or 370
incidental to the performance of their official duties. 371
Section 10. Section 790.222, Florida Statutes, is amended 372
to read: 373
790.222 Bump-fire stocks prohibited. —A person may not 374
import into this state or transfer, distribute, sell, keep for 375
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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
sale, offer for sale, possess, or give to another person a bump -376
fire stock. A person who violates this section commits a felony 377
of the third degree, punishable as provided in s. 775.082, s. 378
775.083, or s. 775.084. As used in this section, the term "bump -379
fire stock" means a conversion kit, a tool, an accessory, or a 380
device used to alter the rate of fire of a firearm to mimic 381
automatic weapon fire or which is used to increase the rate of 382
fire to a faster rate than is possible for a person to fire such 383
semiautomatic firearm unassisted by a kit, a tool, an accessory, 384
or a device. 385
Section 11. Subsection (2) and paragraph (a) of subsection 386
(4) of section 790.25, Florida Statutes, are amended to read: 387
790.25 Lawful ownership, possession, and use of firearms 388
and other weapons.— 389
(2) LAWFUL USES.—Notwithstanding ss. 790.01 , 790.053, and 390
790.06, the following persons may own, possess, and lawfull y use 391
firearms and other weapons, ammunition, and supplies for lawful 392
purposes if they are not otherwise prohibited from owning or 393
possessing a firearm under state or federal law: 394
(a) Members of the Militia, National Guard, Florida State 395
Guard, Army, Navy, Air Force, Marine Corps, Space Force, Coast 396
Guard, organized reserves, and other armed forces of the state 397
and of the United States, when on duty, when training or 398
preparing themselves for military duty, or while subject to 399
recall or mobilization; 400
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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
(b) Citizens of this state subject to duty in the Armed 401
Forces under s. 2, Art. X of the State Constitution, under 402
chapters 250 and 251, and under federal laws, when on duty or 403
when training or preparing themselves for military duty; 404
(c) Persons carrying ou t or training for emergency 405
management duties under chapter 252; 406
(d) Sheriffs, marshals, prison or jail wardens, police 407
officers, Florida highway patrol officers, game wardens, revenue 408
officers, forest officials, special officers appointed under the 409
provisions of chapter 354, and other peace and law enforcement 410
officers and their deputies and assistants and full -time paid 411
peace officers of other states and of the Federal Government who 412
are carrying out official duties while in this state; 413
(e) Officers or employees of the state or United States 414
duly authorized to carry a concealed weapon or a concealed 415
firearm; 416
(f) Guards or messengers of common carriers, express 417
companies, armored car carriers, mail carriers, banks, and other 418
financial institutions, wh ile actually employed in and about the 419
shipment, transportation, or delivery of any money, treasure, 420
bullion, bonds, or other thing of value within this state; 421
(g) Regularly enrolled members of any organization duly 422
authorized to purchase or receive weap ons or firearms from the 423
United States or from this state, or regularly enrolled members 424
of clubs organized for target, skeet, or trap shooting, while at 425
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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
or going to or from shooting practice; or regularly enrolled 426
members of clubs organized for modern or antique firearms 427
collecting, while such members are at or going to or from their 428
collectors' gun shows, conventions, or exhibits; 429
(h) A person engaged in fishing, camping, or lawful 430
hunting or going to or returning from a fishing, camping, or 431
lawful hunting expedition; 432
(i) A person engaged in the business of manufacturing, 433
repairing, or dealing in firearms, or the agent or 434
representative of any such person while engaged in the lawful 435
course of such business; 436
(j) A person discharging a weapon or firear m for testing 437
or target practice under safe conditions and in a safe place not 438
prohibited by law or going to or from such place; 439
(k) A person discharging a weapon or firearm in a safe and 440
secure indoor range for testing and target practice; 441
(l) A person traveling in a public conveyance when the 442
weapon or firearm is securely encased and not in the person's 443
manual possession; 444
(m) A person while carrying a handgun unloaded and in a 445
secure wrapper, concealed or otherwise, from the place of 446
purchase to his or her home or place of business or to a place 447
of repair or back to his or her home or place of business; 448
(n) A person possessing weapons or firearms at his or her 449
home or place of business; 450
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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
(o) Investigators employed by the several public defenders 451
of the state, while actually carrying out official duties, 452
provided such investigators: 453
1. Are employed full time; 454
2. Meet the official training standards for firearms 455
established by the Criminal Justice Standards and Training 456
Commission as provided in s. 943.12(5) and the requirements of 457
ss. 493.6108(1)(a) and 943.13(1) -(4); and 458
3. Are individually designated by an affidavit of consent 459
signed by the employing public defender and filed with the clerk 460
of the circuit court in the county in which the empl oying public 461
defender resides. 462
(p) Investigators employed by the capital collateral 463
regional counsel, while actually carrying out official duties, 464
provided such investigators: 465
1. Are employed full time; 466
2. Meet the official training standards for firearms as 467
established by the Criminal Justice Standards and Training 468
Commission as provided in s. 943.12(1) and the requirements of 469
ss. 493.6108(1)(a) and 943.13(1) -(4); and 470
3. Are individually designated by an affidavit of consent 471
signed by the capita l collateral regional counsel and filed with 472
the clerk of the circuit court in the county in which the 473
investigator is headquartered. 474
(q)1. A tactical medical professional who is actively 475
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operating in direct support of a tactical operation by a law 476
enforcement agency provided that: 477
a. The tactical medical professional is lawfully able to 478
possess firearms and has an active concealed weapon or concealed 479
firearm license issued pursuant to s. 790.06. 480
b. The tactical medical professional is appointed to a law 481
enforcement tactical team of a law enforcement agency by the 482
head of the law enforcement agency. 483
c. The law enforcement agency has an established policy 484
providing for the appointment, training, and deployment of the 485
tactical medical professional. 486
d. The tactical medical professional successfully 487
completes a firearms safety training and tactical training as 488
established or designated by the appointing law enforcement 489
agency. 490
e. The law enforcement agency provides and the tactical 491
medical professional participates in annual firearm training and 492
tactical training. 493
2. While actively operating in direct support of a 494
tactical operation by a law enforcement agency, a tactical 495
medical professional: 496
a. May carry a firearm in the same manner as a law 497
enforcement officer, as defined in s. 943.10 and, 498
notwithstanding any other law, at any place a tactical law 499
enforcement operation occurs. 500
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b. Has no duty to retreat and is justified in the use of 501
any force which he or she reasonably believes is necessary to 502
defend himself or herself or another from bodily harm. 503
c. Has the same immunities and privileges as a law 504
enforcement officer, as defined in s. 943.10, in a civil or 505
criminal action arising out of a tactical law enforcement 506
operation when acting within t he scope of his or her official 507
duties. 508
3. This paragraph may not be construed to authorize a 509
tactical medical professional to carry, transport, or store any 510
firearm or ammunition on any fire apparatus or EMS vehicle. 511
4. The appointing law enforcement agency shall issue any 512
firearm or ammunition that the tactical medical professional 513
carries in accordance with this paragraph. 514
5. For the purposes of this paragraph, the term "tactical 515
medical professional" means a paramedic, as defined in s. 516
401.23, a physician, as defined in s. 458.305, or an osteopathic 517
physician, as defined in s. 459.003, who is appointed to provide 518
direct support to a tactical law enforcement unit by providing 519
medical services at high -risk incidents, including, but not 520
limited to, hostage incidents, narcotics raids, hazardous 521
surveillance, sniper incidents, armed suicidal persons, 522
barricaded suspects, high -risk felony warrant service, fugitives 523
refusing to surrender, and active shooter incidents. 524
(4) POSSESSION IN PRIVATE CONVEYANCE .— 525
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(a) Notwithstanding s. 790.01, a person 18 years of age or 526
older who is in lawful possession of a handgun or other weapon 527
may possess such a handgun or weapon within the interior of a 528
private conveyance if the handgun or weapon is securely encased 529
or otherwise not readily accessible for immediate use. A person 530
who possesses a handgun or other weapon as authorized under this 531
paragraph may not carry the handgun or weapon on his or her 532
person. 533
Section 12. Paragraphs (a) and (b) of subsection (7) of 534
section 790.251, Florida Statutes, are amended to read: 535
790.251 Protection of the right to keep and bear arms in 536
motor vehicles for self -defense and other lawful purposes; 537
prohibited acts; duty of public and private employers; immunity 538
from liability; enfo rcement.— 539
(7) EXCEPTIONS.—The prohibitions in subsection (4) do not 540
apply to: 541
(a) Any school property as defined and regulated under s. 542
790.115. 543
(b) Any correctional institution regulated under s. 944.47 544
or chapter 957. 545
Section 13. Section 790.401, Florida Statutes, is 546
repealed. 547
Section 14. Subsections (1) and (4) of section 27.53, 548
Florida Statutes, are amended to read: 549
27.53 Appointment of assistants and other staff; method of 550
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payment.— 551
(1) The public defender of each judicial circuit is 552
authorized to employ and establish, in such numbers as 553
authorized by the General Appropriations Act, assistant public 554
defenders and other staff and personnel pursuant to s. 29.006, 555
who shall be paid from funds appropriated for that purpose. 556
Notwithstanding s. 790.01 ss. 790.01 and 790.02 , an investigator 557
employed by a public defender, while actually carrying out 558
official duties, is authorized to carry a concealed weapon or 559
concealed firearm if the investigator complies with s. 560
790.25(2)(o). However, such in vestigators are not eligible for 561
membership in the Special Risk Class of the Florida Retirement 562
System. The public defenders of all judicial circuits shall 563
jointly develop a coordinated classification and pay plan which 564
shall be submitted on or before Janu ary 1 of each year to the 565
Justice Administrative Commission, the office of the President 566
of the Senate, and the office of the Speaker of the House of 567
Representatives. Such plan shall be developed in accordance with 568
policies and procedures of the Executive Office of the Governor 569
established in s. 216.181. Each assistant public defender 570
appointed by a public defender under this section shall serve at 571
the pleasure of the public defender. Each investigator employed 572
by a public defender shall have full authority to serve any 573
witness subpoena or court order issued, by any court or judge 574
within the judicial circuit served by such public defender, in a 575
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criminal case in which such public defender has been appointed 576
to represent the accused. 577
(4) The five criminal co nflict and civil regional counsels 578
may employ and establish, in the numbers authorized by the 579
General Appropriations Act, assistant regional counsels and 580
other staff and personnel in each judicial district pursuant to 581
s. 29.006, who shall be paid from fund s appropriated for that 582
purpose. Notwithstanding s. 790.01 ss. 790.01 and 790.02 , an 583
investigator employed by an office of criminal conflict and 584
civil regional counsel, while actually carrying out official 585
duties, is authorized to carry a concealed weapon or concealed 586
firearm if the investigator complies with s. 790.25(2)(o). 587
However, such investigators are not eligible for membership in 588
the Special Risk Class of the Florida Retirement System. The 589
five regional counsels shall jointly develop a coordinated 590
classification and pay plan for submission to the Justice 591
Administrative Commission, the President of the Senate, and the 592
Speaker of the House of Representatives by January 1 of each 593
year. The plan must be developed in accordance with policies and 594
procedures of the Executive Office of the Governor established 595
in s. 216.181. Each assistant regional counsel appointed by the 596
regional counsel under this section shall serve at the pleasure 597
of the regional counsel. Each investigator employed by the 598
regional counsel shall have full authority to serve any witness 599
subpoena or court order issued by any court or judge in a 600
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criminal case in which the regional counsel has been appointed 601
to represent the accused. 602
Section 15. Paragraph (d) of subsection (2) of section 603
394.463, Florida Statutes, is amended to read: 604
394.463 Involuntary examination. — 605
(2) INVOLUNTARY EXAMINATION. — 606
(d)1. A law enforcement officer taking custody of a person 607
under this subsection may seize and hold a firearm or any 608
ammunition the person possesses at the time of taking him or her 609
into custody if the person poses a potential danger to himself 610
or herself or others and has made a credible threat of violence 611
against another person. 612
2. If the law enforcement officer takes custody of the 613
person at the person's residence and the criteria in 614
subparagraph 1. have been met, the law enforcement officer may 615
seek the voluntary surrender of firearms or ammunition kept in 616
the residence which have not already been seized under 617
subparagraph 1. If such firearms or ammunition are not 618
voluntarily surrendered, or if the person has other firearms or 619
ammunition that were not seized or voluntarily surrendered when 620
he or she was taken into custody, a law enforcement officer may 621
petition the appropriate court under s. 790.401 for a risk 622
protection order against the person. 623
3. Firearms or ammunition seized or voluntarily 624
surrendered under this paragraph must be made available for 625
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return no later than 24 hours after the person taken into 626
custody can document that he or she is no longer subject to 627
involuntary examination and has been released or discharged from 628
any inpatient or involuntary outpatient treatment provided or 629
ordered under paragraph (g), unless a risk protection order 630
entered under s. 790.401 directs the law enforcement agency to 631
hold the firearms or ammunition for a longer period or the 632
person is subject to a firearm purchase disability under s. 633
790.065(2), or a firearm possession and firearm ownership 634
disability under s. 790.064. The process for the actu al return 635
of firearms or ammunition seized or voluntarily surrendered 636
under this paragraph may not take longer than 7 days. 637
4. Law enforcement agencies must develop policies and 638
procedures relating to the seizure, storage, and return of 639
firearms or ammunition held under this paragraph. 640
Section 16. Paragraph (b) of subsection (3) of section 641
943.051, Florida Statutes, is amended to read: 642
943.051 Criminal justice information; collection and 643
storage; fingerprinting. — 644
(3) 645
(b) A minor who is charged wi th or found to have committed 646
the following offenses shall be fingerprinted and the 647
fingerprints shall be submitted electronically to the 648
department, unless the minor is issued a prearrest delinquency 649
citation pursuant to s. 985.12: 650
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1. Assault, as define d in s. 784.011. 651
2. Battery, as defined in s. 784.03. 652
3. Carrying a concealed weapon, as defined in s. 653
790.01(2). 654
4. Unlawful use of destructive devices or bombs, as 655
defined in s. 790.1615(1). 656
5. Neglect of a child, as defined in s. 827.03(1)(e). 657
6. Assault or battery on a law enforcement officer, a 658
firefighter, or other specified officers, as defined in s. 659
784.07(2)(a) and (b). 660
7. Open carrying of a weapon, as defined in s. 790.053. 661
7.8. Exposure of sexual organs, as defined in s. 800.03. 662
8.9. Unlawful possession of a firearm, as defined in s. 663
790.22(5). 664
9.10. Petit theft, as defined in s. 812.014(3). 665
10.11. Cruelty to animals, as defined in s. 828.12(1). 666
11.12. Arson, as defined in s. 806.031(1). 667
12.13. Unlawful possession or discha rge of a weapon or 668
firearm at a school-sponsored event or on school property, as 669
provided in s. 790.115. 670
Section 17. Paragraph (d) of subsection (1) of section 671
943.0585, Florida Statutes, is amended to read: 672
943.0585 Court-ordered expunction of crimi nal history 673
records.— 674
(1) ELIGIBILITY.—A person is eligible to petition a court 675
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to expunge a criminal history record if: 676
(d) The person has never, as of the date the application 677
for a certificate of expunction is filed, been adjudicated 678
guilty in this state of a criminal offense or been adjudicated 679
delinquent in this state for committing any felony or any of the 680
following misdemeanors, unless the record of such adjudication 681
of delinquency has been expunged pursuant to s. 943.0515: 682
1. Assault, as defin ed in s. 784.011; 683
2. Battery, as defined in s. 784.03; 684
3. Assault on a law enforcement officer, a firefighter, or 685
other specified officers, as defined in s. 784.07(2)(a); 686
4. Carrying a concealed weapon, as defined in s. 687
790.01(2); 688
5. Open carrying of a weapon, as defined in s. 790.053; 689
5.6. Unlawful possession or discharge of a weapon or 690
firearm at a school-sponsored event or on school property, as 691
defined in s. 790.115; 692
6.7. Unlawful use of destructive devices or bombs, as 693
defined in s. 790.161 5(1); 694
7.8. Unlawful possession of a firearm, as defined in s. 695
790.22(5); 696
8.9. Exposure of sexual organs, as defined in s. 800.03; 697
9.10. Arson, as defined in s. 806.031(1); 698
10.11. Petit theft, as defined in s. 812.014(3); 699
11.12. Neglect of a child, as defined in s. 827.03(1)(e); 700
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or 701
12.13. Cruelty to animals, as defined in s. 828.12(1). 702
Section 18. Paragraph (b) of subsection (1) of section 703
943.059, Florida Statutes, is amended to read: 704
943.059 Court-ordered sealing of cr iminal history 705
records.— 706
(1) ELIGIBILITY.—A person is eligible to petition a court 707
to seal a criminal history record when: 708
(b) The person has never, before the date the application 709
for a certificate of eligibility is filed, been adjudicated 710
guilty in this state of a criminal offense, or been adjudicated 711
delinquent in this state for committing any felony or any of the 712
following misdemeanor offenses, unless the record of such 713
adjudication of delinquency has been expunged pursuant to s. 714
943.0515: 715
1. Assault, as defined in s. 784.011; 716
2. Battery, as defined in s. 784.03; 717
3. Assault on a law enforcement officer, a firefighter, or 718
other specified officers, as defined in s. 784.07(2)(a); 719
4. Carrying a concealed weapon, as defined in s. 720
790.01(2); 721
5. Open carrying of a weapon, as defined in s. 790.053; 722
5.6. Unlawful possession or discharge of a weapon or 723
firearm at a school-sponsored event or on school property, as 724
defined in s. 790.115; 725
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6.7. Unlawful use of destructive devices or bombs, as 726
defined in s. 790.1615(1); 727
7.8. Unlawful possession of a firearm by a minor, as 728
defined in s. 790.22(5); 729
8.9. Exposure of sexual organs, as defined in s. 800.03; 730
9.10. Arson, as defined in s. 806.031(1); 731
10.11. Petit theft, as defined in s. 812.014(3); 732
11.12. Neglect of a child, as defined in s. 827.03(1)(e); 733
or 734
12.13. Cruelty to animals, as defined in s. 828.12(1). 735
Section 19. Paragraph (b) of subsection (1) of section 736
985.11, Florida Statutes, is amended to read: 737
985.11 Fingerprinting and photographing. — 738
(1) 739
(b) Unless the child is issued a prearrest delinquency 740
citation pursuant to s. 985.12, a child who is charged with or 741
found to have committed one of the following offenses shall be 742
fingerprinted, and the fingerpr ints shall be submitted to the 743
Department of Law Enforcement as provided in s. 943.051(3)(b): 744
1. Assault, as defined in s. 784.011. 745
2. Battery, as defined in s. 784.03. 746
3. Carrying a concealed weapon, as defined in s. 747
790.01(2). 748
4. Unlawful use of destructive devices or bombs, as 749
defined in s. 790.1615(1). 750
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5. Neglect of a child, as defined in s. 827.03(1)(e). 751
6. Assault on a law enforcement officer, a firefighter, or 752
other specified officers, as defined in s. 784.07(2)(a). 753
7. Open carrying of a weapon, as defined in s. 790.053. 754
7.8. Exposure of sexual organs, as defined in s. 800.03. 755
8.9. Unlawful possession of a firearm, as defined in s. 756
790.22(5). 757
9.10. Petit theft, as defined in s. 812.014. 758
10.11. Cruelty to animals, as defined in s. 828.12(1). 759
11.12. Arson, resulting in bodily harm to a firefighter, 760
as defined in s. 806.031(1). 761
12.13. Unlawful possession or discharge of a weapon or 762
firearm at a school-sponsored event or on school property as 763
defined in s. 790.115. 764
765
A law enforcement agency may fingerprint and photograph a child 766
taken into custody upon probable cause that such child has 767
committed any other violation of law, as the agency deems 768
appropriate. Such fingerprint records and photographs shall be 769
retained by the law enforc ement agency in a separate file, and 770
these records and all copies thereof must be marked "Juvenile 771
Confidential." These records are not available for public 772
disclosure and inspection under s. 119.07(1) except as provided 773
in ss. 943.053 and 985.04(2), but s hall be available to other 774
law enforcement agencies, criminal justice agencies, state 775
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attorneys, the courts, the child, the parents or legal 776
custodians of the child, their attorneys, and any other person 777
authorized by the court to have access to such recor ds. In 778
addition, such records may be submitted to the Department of Law 779
Enforcement for inclusion in the state criminal history records 780
and used by criminal justice agencies for criminal justice 781
purposes. These records may, in the discretion of the court, be 782
open to inspection by anyone upon a showing of cause. The 783
fingerprint and photograph records shall be produced in the 784
court whenever directed by the court. Any photograph taken 785
pursuant to this section may be shown by a law enforcement 786
officer to any victim or witness of a crime for the purpose of 787
identifying the person who committed such crime. 788
Section 20. This act shall take effect upon becoming a 789
law. 790