Florida 2025 Regular Session

Florida House Bill H0031 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
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3	3	HB 31 2025
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5	5
6	6
7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb31-00
9	9	Page 1 of 32
10	10	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
11	11
12	12
13	13
14	14	A bill to be entitled 1
15	15	An act relating to carrying and possession of weapons 2
16	16	and firearms; amending s. 790.001, F.S.; revising the 3
17	17	definition of the term "law enforcement officer"; 4
18	18	amending s. 790.013, F.S.; prohibiting the carrying of 5
19	19	a concealed handgun or an unconcealed firea rm without 6
20	20	a license and the possession of such handgun or 7
21	21	firearm without valid identification; providing 8
22	22	penalties; repealing s. 790.02, F.S., relating to 9
23	23	arrests without warrant and upon probable cause; 10
24	24	repealing s. 790.051, F.S., relating to an exempti on 11
25	25	from licensing requirements for law enforcement 12
26	26	officers; amending s. 790.053, F.S.; allowing the open 13
27	27	carrying of any otherwise legal firearm or electric 14
28	28	weapon or device; deleting provisions prohibiting open 15
29	29	carry; amending s. 790.06, F.S.; deleting p rovisions 16
30	30	relating to the collection of fees for licenses to 17
31	31	carry concealed weapons or concealed firearms; 18
32	32	revising the list of places into which a person may 19
33	33	not carry a handgun or concealed weapon or concealed 20
34	34	firearm; providing exceptions; amending s. 790.0625, 21
35	35	F.S.; deleting provisions relating to collection of 22
36	36	fees by tax collectors for licenses to carry concealed 23
37	37	weapons or concealed firearms; amending s. 790.065, 24
38	38	F.S.; conforming provisions to changes made by the 25
39	39
40	40	HB 31 2025
41	41
42	42
43	43
44	44	CODING: Words stricken are deletions; words underlined are additions.
45	45	hb31-00
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47	47	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
48	48
49	49
50	50
51	51	act; amending s. 790.115, F.S.; dele ting a provision 26
52	52	allowing school districts to restrict the possession 27
53	53	of a weapon or firearm in a vehicle in compliance with 28
54	54	specified provisions; amending s. 790.222, F.S.; 29
55	55	revising the definition of the term "bump -fire stock"; 30
56	56	amending s. 790.25, F.S.; c onforming provisions to 31
57	57	changes made by the act; revising a provision 32
58	58	concerning possession of a handgun or other weapon 33
59	59	within the interior of a private conveyance; amending 34
60	60	s. 790.251, F.S.; deleting specified exceptions to 35
61	61	statutory protections of the r ight to keep and bear 36
62	62	arms in motor vehicles; repealing s. 790.401, F.S., 37
63	63	relating to risk protection orders; amending ss. 38
64	64	27.53, 394.463, 943.051, 943.0585, 943.059, and 39
65	65	985.11, F.S.; conforming provisions to changes made by 40
66	66	the act; providing an effectiv e date. 41
67	67	42
68	68	WHEREAS, the Legislature finds that the Second Amendment to 43
69	69	the United States Constitution guarantees that the right to keep 44
70	70	and bear arms is a fundamental individual right that is 45
71	71	incorporated to the state and shall not be infringed, and 46
72	72	WHEREAS, the Legislature acknowledges that s. 8(a), Art. I 47
73	73	of the State Constitution declares that "The right of the people 48
74	74	to keep and bear arms in defense of themselves and of the lawful 49
75	75	authority of the state shall not be infringed, except that the 50
76	76
77	77	HB 31 2025
78	78
79	79
80	80
81	81	CODING: Words stricken are deletions; words underlined are additions.
82	82	hb31-00
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84	84	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
85	85
86	86
87	87
88	88	manner of bearing arms may be regulated by law," and 51
89	89	WHEREAS, the Florida appellate courts have found the 52
90	90	issuance of a license to carry a concealed weapon or firearm to 53
91	91	be a privilege and not a vested right, and 54
92	92	WHEREAS, the Legislature finds that any regu lation of a 55
93	93	manner of bearing arms that constitutes a general ban on 56
94	94	unconcealed carry or a general ban on the carry or possession of 57
95	95	an entire class of arms that is in common use for lawful 58
96	96	purposes would be an unconstitutional infringement of the 59
97	97	fundamental individual rights of the people guaranteed by both 60
98	98	the Second Amendment to the United States Constitution and s. 8, 61
99	99	Art. I of the State Constitution, and 62
100	100	WHEREAS, the Legislature seeks to protect the fundamental 63
101	101	individual right to keep and bear arm s, NOW, THEREFORE, 64
102	102	65
103	103	Be It Enacted by the Legislature of the State of Florida: 66
104	104	67
105	105	Section 1. Paragraph (g) is added to subsection (12) of 68
106	106	section 790.001, Florida Statutes, to read: 69
107	107	790.001 Definitions. —As used in this chapter, except where 70
108	108	the context otherwise requires: 71
109	109	(12) "Law enforcement officer" means: 72
110	110	(g) A person holding a judicial office, as defined in s. 73
111	111	105.011(1). 74
112	112	Section 2. Section 790.013, Florida Statutes, is amended 75
113	113
114	114	HB 31 2025
115	115
116	116
117	117
118	118	CODING: Words stricken are deletions; words underlined are additions.
119	119	hb31-00
120	120	Page 4 of 32
121	121	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
122	122
123	123
124	124
125	125	to read: 76
126	126	790.013 Carrying of concealed weapons , or concealed 77
127	127	handguns, or unconcealed firearms without a license. —A person 78
128	128	who carries a concealed weapon , a or concealed handgun, or an 79
129	129	unconcealed firearm without a license as authorized under s. 80
130	130	790.01(1)(b) or s. 790.053(1)(b): 81
131	131	(1) Must carry valid identif ication at all times when he 82
132	132	or she is in actual possession of a concealed weapon , a or 83
133	133	concealed handgun, or an unconcealed firearm and must display 84
134	134	such identification upon demand by a law enforcement officer. A 85
135	135	violation of this subsection is a noncrimi nal violation 86
136	136	punishable by a $25 fine, payable to the clerk of the court. 87
137	137	(2) Is subject to s. 790.06(12) in the same manner as a 88
138	138	person who is licensed to carry a concealed weapon or concealed 89
139	139	firearm. 90
140	140	Section 3. Section 790.02, Florida Statutes, i s repealed. 91
141	141	Section 4. Section 790.051, Florida Statutes, is repealed. 92
142	142	Section 5. Section 790.053, Florida Statutes, is amended 93
143	143	to read: 94
144	144	790.053 Open carrying of weapons. — 95
145	145	(1) Except as otherwise provided by law and in subsection 96
146	146	(2), it is lawful unlawful for any person to openly carry on or 97
147	147	about his or her person any otherwise legal firearm or electric 98
148	148	weapon or device. It is not a violation of this section for a 99
149	149	person who carries a concealed firearm as authorized in s. 100
150	150
151	151	HB 31 2025
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153	153
154	154
155	155	CODING: Words stricken are deletions; words underlined are additions.
156	156	hb31-00
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158	158	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
159	159
160	160
161	161
162	162	790.01(1) to briefly and openly display the firearm to the 101
163	163	ordinary sight of another person, unless the firearm is 102
164	164	intentionally displayed in an angry or threatening manner, not 103
165	165	in necessary self-defense. 104
166	166	(2) A person may openly carry, for purposes of lawful 105
167	167	self-defense: 106
168	168	(a) A self-defense chemical spray. 107
169	169	(b) A nonlethal stun gun or dart -firing stun gun or other 108
170	170	nonlethal electric weapon or device that is designed solely for 109
171	171	defensive purposes. 110
172	172	(3) Any person violating this section commits a 111
173	173	misdemeanor of the second d egree, punishable as provided in s. 112
174	174	775.082 or s. 775.083. 113
175	175	Section 6. Subsections (16) through (18) of section 114
176	176	790.06, Florida Statutes, are renumbered as subsections (15) 115
177	177	through (17), respectively, and paragraph (b) of subsection (5), 116
178	178	paragraphs (b) and (e) of subsection (6), subsection (11), 117
179	179	paragraph (a) of subsection (12), and present subsection (15) of 118
180	180	that section are amended to read: 119
181	181	790.06 License to carry concealed weapon or concealed 120
182	182	firearm.— 121
183	183	(5) The applicant shall submit to the Departm ent of 122
184	184	Agriculture and Consumer Services or an approved tax collector 123
185	185	pursuant to s. 790.0625: 124
186	186	(b) A nonrefundable license fee of up to $55 if he or she 125
187	187
188	188	HB 31 2025
189	189
190	190
191	191
192	192	CODING: Words stricken are deletions; words underlined are additions.
193	193	hb31-00
194	194	Page 6 of 32
195	195	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
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197	197
198	198
199	199	has not previously been issued a statewide license or of up to 126
200	200	$45 for renewal of a statewide license . The cost of processing 127
201	201	fingerprints as required in paragraph (c) shall be borne by the 128
202	202	state from general revenue applicant. However, an individual 129
203	203	holding an active certification from the Criminal Justice 130
204	204	Standards and Training Commission as a law enfor cement officer, 131
205	205	correctional officer, or correctional probation officer as 132
206	206	defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9) is 133
207	207	exempt from the licensing requirements of this section. If such 134
208	208	individual wishes to receive a concealed weapon or concea led 135
209	209	firearm license, he or she is exempt from the background 136
210	210	investigation and all background investigation fees but must pay 137
211	211	the current license fees regularly required to be paid by 138
212	212	nonexempt applicants . Further, a law enforcement officer, a 139
213	213	correctional officer, or a correctional probation officer as 140
214	214	defined in s. 943.10(1), (2), or (3) is exempt from the required 141
215	215	fees and background investigation for 1 year after his or her 142
216	216	retirement. 143
217	217	(6) 144
218	218	(b) The sheriff's office shall provide fingerprinting 145
219	219	service if requested by the applicant and may charge a fee not 146
220	220	to exceed $5 for this service . 147
221	221	(e) A consular security official of a foreign government 148
222	222	that maintains diplomatic relations and treaties of commerce, 149
223	223	friendship, and navigation with the United States and is 150
224	224
225	225	HB 31 2025
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227	227
228	228
229	229	CODING: Words stricken are deletions; words underlined are additions.
230	230	hb31-00
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232	232	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
233	233
234	234
235	235
236	236	certified as such by the foreign government and by the 151
237	237	appropriate embassy in t his country must be issued a license 152
238	238	within 20 days after the date of the receipt of a completed 153
239	239	application, certification document, color photograph as 154
240	240	specified in paragraph (5)(e) , and a nonrefundable license fee 155
241	241	of $300. Consular security official lic enses shall be valid for 156
242	242	1 year and may be renewed upon completion of the application 157
243	243	process as provided in this section. 158
244	244	(11)(a) At least 90 days before the expiration date of the 159
245	245	license, the Department of Agriculture and Consumer Services 160
246	246	shall mail to each licensee a written notice of the expiration 161
247	247	and a renewal form prescribed by the Department of Agriculture 162
248	248	and Consumer Services. The licensee must renew his or her 163
249	249	license on or before the expiration date by filing with the 164
250	250	Department of Agricultu re and Consumer Services the renewal form 165
251	251	containing an affidavit submitted under oath and under penalty 166
252	252	of perjury stating that the licensee remains qualified pursuant 167
253	253	to the criteria specified in subsections (2) and (3), and a 168
254	254	color photograph as specifi ed in paragraph (5)(e) , and the 169
255	255	required renewal fee . Out-of-state residents must also submit a 170
256	256	complete set of fingerprints and fingerprint processing fee . The 171
257	257	license shall be renewed upon receipt of the completed renewal 172
258	258	form, color photograph, appropriate payment of fees, and, if 173
259	259	applicable, fingerprints. Additionally, a licensee who fails to 174
260	260	file a renewal application on or before its expiration date must 175
261	261
262	262	HB 31 2025
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264	264
265	265
266	266	CODING: Words stricken are deletions; words underlined are additions.
267	267	hb31-00
268	268	Page 8 of 32
269	269	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
270	270
271	271
272	272
273	273	renew his or her license by paying a late fee of $15. A license 176
274	274	may not be renewed 180 days or mor e after its expiration date, 177
275	275	and such a license is deemed to be permanently expired. A person 178
276	276	whose license has been permanently expired may reapply for 179
277	277	licensure; however, an application for licensure and fees under 180
278	278	subsection (5) must be submitted, and a background investigation 181
279	279	shall be conducted pursuant to this section. A person who 182
280	280	knowingly files false information under this subsection is 183
281	281	subject to criminal prosecution under s. 837.06. 184
282	282	(b) A license issued to a servicemember, as defined in s. 185
283	283	250.01, is subject to paragraph (a); however, such a license 186
284	284	does not expire while the servicemember is serving on military 187
285	285	orders that have taken him or her over 35 miles from his or her 188
286	286	residence and shall be extended, as provided in this paragraph, 189
287	287	for up to 180 days after his or her return to such residence. If 190
288	288	the license renewal requirements in paragraph (a) are met within 191
289	289	the 180-day extension period, the servicemember may not be 192
290	290	charged any additional costs, such as, but not limited to, late 193
291	291	fees or delinquency fees, above the normal license fees. The 194
292	292	servicemember must present to the Department of Agriculture and 195
293	293	Consumer Services a copy of his or her official military orders 196
294	294	or a written verification from the member's commanding officer 197
295	295	before the end of the 180-day period in order to qualify for the 198
296	296	extension. 199
297	297	(12)(a) A license issued under this section does not 200
298	298
299	299	HB 31 2025
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301	301
302	302
303	303	CODING: Words stricken are deletions; words underlined are additions.
304	304	hb31-00
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306	306	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
307	307
308	308
309	309
310	310	authorize any person to openly carry a handgun or carry a 201
311	311	concealed weapon or concealed firearm into: 202
312	312	1. Any place of nuisance as defined in s. 823.05; 203
313	313	2. Any police, sheriff, or highway patrol station; 204
314	314	3. Any detention facility, prison, or jail; 205
315	315	4. Any courthouse, except that nothing in this 206
316	316	subparagraph precludes a judge from carrying a weapon or firearm 207
317	317	or determining who will carry a concealed weapon or concealed 208
318	318	firearm in his or her courtroom or chambers, and this exception 209
319	319	shall not extend to any parking facility in or near any 210
320	320	courthouse; 211
321	321	5. Any courtroom, except that nothing in this section 212
322	322	precludes a judge from carrying a concealed weapon or concealed 213
323	323	firearm or determining who will carry a concealed weapon or 214
324	324	concealed firearm in his or her courtroom; 215
325	325	6. Any polling place; 216
326	326	6.7. Any meeting of the governing body of a county, public 217
327	327	school district, municipality, or speci al district; 218
328	328	7.8. Any meeting of the Legislature or a committee 219
329	329	thereof, except that nothing in this section precludes a member 220
330	330	of the Legislature from carrying a concealed weapon or concealed 221
331	331	firearm in such meeting or in the Capitol Complex, as defined in 222
332	332	s. 281.01; 223
333	333	9. Any school, college, or professional athletic event not 224
334	334	related to firearms; 225
335	335
336	336	HB 31 2025
337	337
338	338
339	339
340	340	CODING: Words stricken are deletions; words underlined are additions.
341	341	hb31-00
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343	343	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
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346	346
347	347	8.10. Any elementary or secondary school facility or 226
348	348	administration building; 227
349	349	11. Any career center; 228
350	350	9.12. Any portion of an establishment licensed to di spense 229
351	351	alcoholic beverages for consumption on the premises, which 230
352	352	portion of the establishment is primarily devoted to such 231
353	353	purpose; 232
354	354	13. Any college or university facility unless the licensee 233
355	355	is a registered student, employee, or faculty member of such 234
356	356	college or university and the weapon is a stun gun or nonlethal 235
357	357	electric weapon or device designed solely for defensive purposes 236
358	358	and the weapon does not fire a dart or projectile; 237
359	359	10.14. The inside of the passenger terminal and sterile 238
360	360	area of any airport, provided that no person shall be prohibited 239
361	361	from carrying any legal firearm into the terminal, which firearm 240
362	362	is encased for shipment for purposes of checking such firearm as 241
363	363	baggage to be lawfully transported on any aircraft; or 242
364	364	11.15. Any place where the carrying of firearms is 243
365	365	prohibited by federal law. 244
366	366	(15) All funds received by the sheriff pursuant to the 245
367	367	provisions of this section shall be deposited into the general 246
368	368	revenue fund of the county and shall be budgeted to the sheriff. 247
369	369	Section 7. Subsections (6) through (8) of section 248
370	370	790.0625, Florida Statutes, are renumbered as subsections (5) 249
371	371	through (7), respectively, and present subsections (5) and (8) 250
372	372
373	373	HB 31 2025
374	374
375	375
376	376
377	377	CODING: Words stricken are deletions; words underlined are additions.
378	378	hb31-00
379	379	Page 11 of 32
380	380	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
381	381
382	382
383	383
384	384	of that section are amended to read: 251
385	385	790.0625 Appointment of tax collectors to accept 252
386	386	applications for a concealed weapon or firearm license; fees; 253
387	387	penalties.— 254
388	388	(5) A tax collector appointed under this section may 255
389	389	collect and retain a convenience fee of $22 for each new 256
390	390	application, $12 for each renewal application, $12 for each 257
391	391	replacement license, $9 for fingerprinting services associated 258
392	392	with the completion of an application submitted online or by 259
393	393	mail, and $9 for photographing services associated with the 260
394	394	completion of an application submitted online or by mail, and 261
395	395	shall remit weekly to th e department the license fees pursuant 262
396	396	to s. 790.06 for deposit in the Division of Licensing Trust 263
397	397	Fund. 264
398	398	(7)(8) Upon receipt of a completed renewal application 265
399	399	and, a new color photograph , and payment of required fees , a tax 266
400	400	collector authorized to accep t renewal applications for 267
401	401	concealed weapon or firearm licenses under this section may, 268
402	402	upon approval and confirmation of license issuance by the 269
403	403	department, print and deliver a concealed weapon or firearm 270
404	404	license to a licensee renewing his or her license at the tax 271
405	405	collector's office. 272
406	406	Section 8. Paragraph (a) of subsection (1) of section 273
407	407	790.065, Florida Statutes, is amended to read: 274
408	408	790.065 Sale and delivery of firearms. — 275
409	409
410	410	HB 31 2025
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412	412
413	413
414	414	CODING: Words stricken are deletions; words underlined are additions.
415	415	hb31-00
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417	417	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
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421	421	(1)(a) A licensed importer, licensed manufacturer, or 276
422	422	licensed dealer may no t sell or deliver from her or his 277
423	423	inventory at her or his licensed premises any firearm to another 278
424	424	person, other than a licensed importer, licensed manufacturer, 279
425	425	licensed dealer, or licensed collector, until she or he has: 280
426	426	1. Obtained a completed form fr om the potential buyer or 281
427	427	transferee, which form shall have been promulgated by the 282
428	428	Department of Law Enforcement and provided by the licensed 283
429	429	importer, licensed manufacturer, or licensed dealer, which shall 284
430	430	include the name, date of birth, gender, race, a nd social 285
431	431	security number or other identification number of such potential 286
432	432	buyer or transferee and has inspected proper identification 287
433	433	including an identification containing a photograph of the 288
434	434	potential buyer or transferee. 289
435	435	2. Collected a fee from the p otential buyer for processing 290
436	436	the criminal history check of the potential buyer. The fee shall 291
437	437	be established by the Department of Law Enforcement and may not 292
438	438	exceed $8 per transaction. The Department of Law Enforcement may 293
439	439	reduce, or suspend collection of , the fee to reflect payment 294
440	440	received from the Federal Government applied to the cost of 295
441	441	maintaining the criminal history check system established by 296
442	442	this section as a means of facilitating or supplementing the 297
443	443	National Instant Criminal Background Check Sy stem. The 298
444	444	Department of Law Enforcement shall, by rule, establish 299
445	445	procedures for the fees to be transmitted by the licensee to the 300
446	446
447	447	HB 31 2025
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449	449
450	450
451	451	CODING: Words stricken are deletions; words underlined are additions.
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454	454	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
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456	456
457	457
458	458	Department of Law Enforcement. Such procedures must provide that 301
459	459	fees may be paid or transmitted by electronic means, includi ng, 302
460	460	but not limited to, debit cards, credit cards, or electronic 303
461	461	funds transfers. All such fees shall be deposited into the 304
462	462	Department of Law Enforcement Operating Trust Fund, but shall be 305
463	463	segregated from all other funds deposited into such trust fund 306
464	464	and must be accounted for separately. Such segregated funds must 307
465	465	not be used for any purpose other than the operation of the 308
466	466	criminal history checks required by this section. The Department 309
467	467	of Law Enforcement, each year before February 1, shall make a 310
468	468	full accounting of all receipts and expenditures of such funds 311
469	469	to the President of the Senate, the Speaker of the House of 312
470	470	Representatives, the majority and minority leaders of each house 313
471	471	of the Legislature, and the chairs of the appropriations 314
472	472	committees of each house of the Legislature. In the event that 315
473	473	the cumulative amount of funds collected exceeds the cumulative 316
474	474	amount of expenditures by more than $2.5 million, excess funds 317
475	475	may be used for the purpose of purchasing soft body armor for 318
476	476	law enforcement officer s. 319
477	477	2.3. Requested, by means of a toll -free telephone call or 320
478	478	other electronic means, the Department of Law Enforcement to 321
479	479	conduct a check of the information as reported and reflected in 322
480	480	the Florida Crime Information Center and National Crime 323
481	481	Information Center systems as of the date of the request. 324
482	482	3.4. Received a unique approval number for that inquiry 325
483	483
484	484	HB 31 2025
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486	486
487	487
488	488	CODING: Words stricken are deletions; words underlined are additions.
489	489	hb31-00
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491	491	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
492	492
493	493
494	494
495	495	from the Department of Law Enforcement, and recorded the date 326
496	496	and such number on the consent form. 327
497	497	Section 9. Paragraphs (a) and (c) of subsection ( 2) of 328
498	498	section 790.115, Florida Statutes, are amended to read: 329
499	499	790.115 Possessing or discharging weapons or firearms at a 330
500	500	school-sponsored event or on school property prohibited; 331
501	501	penalties; exceptions. — 332
502	502	(2)(a) A person shall not possess any firearm, ele ctric 333
503	503	weapon or device, destructive device, or other weapon as defined 334
504	504	in s. 790.001, including a razor blade or box cutter, except as 335
505	505	authorized in support of school -sanctioned activities, at a 336
506	506	school-sponsored event or on the property of any school, scho ol 337
507	507	bus, or school bus stop; however, a person may carry a firearm: 338
508	508	1. In a case to a firearms program, class or function 339
509	509	which has been approved in advance by the principal or chief 340
510	510	administrative officer of the school as a program or class to 341
511	511	which firearms could be carried; 342
512	512	2. In a case to a career center having a firearms training 343
513	513	range; or 344
514	514	3. In a vehicle pursuant to s. 790.25(4) ; except that 345
515	515	school districts may adopt written and published policies that 346
516	516	waive the exception in this subparagraph for purposes of student 347
517	517	and campus parking privileges . 348
518	518	349
519	519	For the purposes of this section, "school" means any preschool, 350
520	520
521	521	HB 31 2025
522	522
523	523
524	524
525	525	CODING: Words stricken are deletions; words underlined are additions.
526	526	hb31-00
527	527	Page 15 of 32
528	528	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
529	529
530	530
531	531
532	532	elementary school, middle school, junior high school, secondary 351
533	533	school, career center, or postsecondary school, whether public 352
534	534	or nonpublic. 353
535	535	(c)1. Except as provided in paragraph (e), a person who 354
536	536	willfully and knowingly possesses any firearm in violation of 355
537	537	this subsection commits a felony of the third degree, punishable 356
538	538	as provided in s. 775.082, s. 775.083, or s. 775.084. 357
539	539	2. A person who stores or leaves a loaded firearm within 358
540	540	the reach or easy access of a minor who obtains the firearm and 359
541	541	commits a violation of subparagraph 1. commits a misdemeanor of 360
542	542	the second degree, punishable as provided in s. 775.082 or s. 361
543	543	775.083; except that this does not apply if the firearm was 362
544	544	stored or left in a securely locked box or container or in a 363
545	545	location which a reasonable person would have believed to be 364
546	546	secure, or was securely locked with a firearm -mounted push-365
547	547	button combination lock or a trigg er lock; if the minor obtains 366
548	548	the firearm as a result of an unlawful entry by any person; or 367
549	549	to members of the Armed Forces, National Guard, or State 368
550	550	Militia, or to police or other law enforcement officers, with 369
551	551	respect to firearm possession by a minor whi ch occurs during or 370
552	552	incidental to the performance of their official duties. 371
553	553	Section 10. Section 790.222, Florida Statutes, is amended 372
554	554	to read: 373
555	555	790.222 Bump-fire stocks prohibited. —A person may not 374
556	556	import into this state or transfer, distribute, sell, keep for 375
557	557
558	558	HB 31 2025
559	559
560	560
561	561
562	562	CODING: Words stricken are deletions; words underlined are additions.
563	563	hb31-00
564	564	Page 16 of 32
565	565	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
566	566
567	567
568	568
569	569	sale, offer for sale, possess, or give to another person a bump -376
570	570	fire stock. A person who violates this section commits a felony 377
571	571	of the third degree, punishable as provided in s. 775.082, s. 378
572	572	775.083, or s. 775.084. As used in this section, the term "bump -379
573	573	fire stock" means a conversion kit, a tool, an accessory, or a 380
574	574	device used to alter the rate of fire of a firearm to mimic 381
575	575	automatic weapon fire or which is used to increase the rate of 382
576	576	fire to a faster rate than is possible for a person to fire such 383
577	577	semiautomatic firearm unassisted by a kit, a tool, an accessory, 384
578	578	or a device. 385
579	579	Section 11. Subsection (2) and paragraph (a) of subsection 386
580	580	(4) of section 790.25, Florida Statutes, are amended to read: 387
581	581	790.25 Lawful ownership, possession, and use of firearms 388
582	582	and other weapons.— 389
583	583	(2) LAWFUL USES.—Notwithstanding ss. 790.01 , 790.053, and 390
584	584	790.06, the following persons may own, possess, and lawfull y use 391
585	585	firearms and other weapons, ammunition, and supplies for lawful 392
586	586	purposes if they are not otherwise prohibited from owning or 393
587	587	possessing a firearm under state or federal law: 394
588	588	(a) Members of the Militia, National Guard, Florida State 395
589	589	Guard, Army, Navy, Air Force, Marine Corps, Space Force, Coast 396
590	590	Guard, organized reserves, and other armed forces of the state 397
591	591	and of the United States, when on duty, when training or 398
592	592	preparing themselves for military duty, or while subject to 399
593	593	recall or mobilization; 400
594	594
595	595	HB 31 2025
596	596
597	597
598	598
599	599	CODING: Words stricken are deletions; words underlined are additions.
600	600	hb31-00
601	601	Page 17 of 32
602	602	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
603	603
604	604
605	605
606	606	(b) Citizens of this state subject to duty in the Armed 401
607	607	Forces under s. 2, Art. X of the State Constitution, under 402
608	608	chapters 250 and 251, and under federal laws, when on duty or 403
609	609	when training or preparing themselves for military duty; 404
610	610	(c) Persons carrying ou t or training for emergency 405
611	611	management duties under chapter 252; 406
612	612	(d) Sheriffs, marshals, prison or jail wardens, police 407
613	613	officers, Florida highway patrol officers, game wardens, revenue 408
614	614	officers, forest officials, special officers appointed under the 409
615	615	provisions of chapter 354, and other peace and law enforcement 410
616	616	officers and their deputies and assistants and full -time paid 411
617	617	peace officers of other states and of the Federal Government who 412
618	618	are carrying out official duties while in this state; 413
619	619	(e) Officers or employees of the state or United States 414
620	620	duly authorized to carry a concealed weapon or a concealed 415
621	621	firearm; 416
622	622	(f) Guards or messengers of common carriers, express 417
623	623	companies, armored car carriers, mail carriers, banks, and other 418
624	624	financial institutions, wh ile actually employed in and about the 419
625	625	shipment, transportation, or delivery of any money, treasure, 420
626	626	bullion, bonds, or other thing of value within this state; 421
627	627	(g) Regularly enrolled members of any organization duly 422
628	628	authorized to purchase or receive weap ons or firearms from the 423
629	629	United States or from this state, or regularly enrolled members 424
630	630	of clubs organized for target, skeet, or trap shooting, while at 425
631	631
632	632	HB 31 2025
633	633
634	634
635	635
636	636	CODING: Words stricken are deletions; words underlined are additions.
637	637	hb31-00
638	638	Page 18 of 32
639	639	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
640	640
641	641
642	642
643	643	or going to or from shooting practice; or regularly enrolled 426
644	644	members of clubs organized for modern or antique firearms 427
645	645	collecting, while such members are at or going to or from their 428
646	646	collectors' gun shows, conventions, or exhibits; 429
647	647	(h) A person engaged in fishing, camping, or lawful 430
648	648	hunting or going to or returning from a fishing, camping, or 431
649	649	lawful hunting expedition; 432
650	650	(i) A person engaged in the business of manufacturing, 433
651	651	repairing, or dealing in firearms, or the agent or 434
652	652	representative of any such person while engaged in the lawful 435
653	653	course of such business; 436
654	654	(j) A person discharging a weapon or firear m for testing 437
655	655	or target practice under safe conditions and in a safe place not 438
656	656	prohibited by law or going to or from such place; 439
657	657	(k) A person discharging a weapon or firearm in a safe and 440
658	658	secure indoor range for testing and target practice; 441
659	659	(l) A person traveling in a public conveyance when the 442
660	660	weapon or firearm is securely encased and not in the person's 443
661	661	manual possession; 444
662	662	(m) A person while carrying a handgun unloaded and in a 445
663	663	secure wrapper, concealed or otherwise, from the place of 446
664	664	purchase to his or her home or place of business or to a place 447
665	665	of repair or back to his or her home or place of business; 448
666	666	(n) A person possessing weapons or firearms at his or her 449
667	667	home or place of business; 450
668	668
669	669	HB 31 2025
670	670
671	671
672	672
673	673	CODING: Words stricken are deletions; words underlined are additions.
674	674	hb31-00
675	675	Page 19 of 32
676	676	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
677	677
678	678
679	679
680	680	(o) Investigators employed by the several public defenders 451
681	681	of the state, while actually carrying out official duties, 452
682	682	provided such investigators: 453
683	683	1. Are employed full time; 454
684	684	2. Meet the official training standards for firearms 455
685	685	established by the Criminal Justice Standards and Training 456
686	686	Commission as provided in s. 943.12(5) and the requirements of 457
687	687	ss. 493.6108(1)(a) and 943.13(1) -(4); and 458
688	688	3. Are individually designated by an affidavit of consent 459
689	689	signed by the employing public defender and filed with the clerk 460
690	690	of the circuit court in the county in which the empl oying public 461
691	691	defender resides. 462
692	692	(p) Investigators employed by the capital collateral 463
693	693	regional counsel, while actually carrying out official duties, 464
694	694	provided such investigators: 465
695	695	1. Are employed full time; 466
696	696	2. Meet the official training standards for firearms as 467
697	697	established by the Criminal Justice Standards and Training 468
698	698	Commission as provided in s. 943.12(1) and the requirements of 469
699	699	ss. 493.6108(1)(a) and 943.13(1) -(4); and 470
700	700	3. Are individually designated by an affidavit of consent 471
701	701	signed by the capita l collateral regional counsel and filed with 472
702	702	the clerk of the circuit court in the county in which the 473
703	703	investigator is headquartered. 474
704	704	(q)1. A tactical medical professional who is actively 475
705	705
706	706	HB 31 2025
707	707
708	708
709	709
710	710	CODING: Words stricken are deletions; words underlined are additions.
711	711	hb31-00
712	712	Page 20 of 32
713	713	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
714	714
715	715
716	716
717	717	operating in direct support of a tactical operation by a law 476
718	718	enforcement agency provided that: 477
719	719	a. The tactical medical professional is lawfully able to 478
720	720	possess firearms and has an active concealed weapon or concealed 479
721	721	firearm license issued pursuant to s. 790.06. 480
722	722	b. The tactical medical professional is appointed to a law 481
723	723	enforcement tactical team of a law enforcement agency by the 482
724	724	head of the law enforcement agency. 483
725	725	c. The law enforcement agency has an established policy 484
726	726	providing for the appointment, training, and deployment of the 485
727	727	tactical medical professional. 486
728	728	d. The tactical medical professional successfully 487
729	729	completes a firearms safety training and tactical training as 488
730	730	established or designated by the appointing law enforcement 489
731	731	agency. 490
732	732	e. The law enforcement agency provides and the tactical 491
733	733	medical professional participates in annual firearm training and 492
734	734	tactical training. 493
735	735	2. While actively operating in direct support of a 494
736	736	tactical operation by a law enforcement agency, a tactical 495
737	737	medical professional: 496
738	738	a. May carry a firearm in the same manner as a law 497
739	739	enforcement officer, as defined in s. 943.10 and, 498
740	740	notwithstanding any other law, at any place a tactical law 499
741	741	enforcement operation occurs. 500
742	742
743	743	HB 31 2025
744	744
745	745
746	746
747	747	CODING: Words stricken are deletions; words underlined are additions.
748	748	hb31-00
749	749	Page 21 of 32
750	750	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
751	751
752	752
753	753
754	754	b. Has no duty to retreat and is justified in the use of 501
755	755	any force which he or she reasonably believes is necessary to 502
756	756	defend himself or herself or another from bodily harm. 503
757	757	c. Has the same immunities and privileges as a law 504
758	758	enforcement officer, as defined in s. 943.10, in a civil or 505
759	759	criminal action arising out of a tactical law enforcement 506
760	760	operation when acting within t he scope of his or her official 507
761	761	duties. 508
762	762	3. This paragraph may not be construed to authorize a 509
763	763	tactical medical professional to carry, transport, or store any 510
764	764	firearm or ammunition on any fire apparatus or EMS vehicle. 511
765	765	4. The appointing law enforcement agency shall issue any 512
766	766	firearm or ammunition that the tactical medical professional 513
767	767	carries in accordance with this paragraph. 514
768	768	5. For the purposes of this paragraph, the term "tactical 515
769	769	medical professional" means a paramedic, as defined in s. 516
770	770	401.23, a physician, as defined in s. 458.305, or an osteopathic 517
771	771	physician, as defined in s. 459.003, who is appointed to provide 518
772	772	direct support to a tactical law enforcement unit by providing 519
773	773	medical services at high -risk incidents, including, but not 520
774	774	limited to, hostage incidents, narcotics raids, hazardous 521
775	775	surveillance, sniper incidents, armed suicidal persons, 522
776	776	barricaded suspects, high -risk felony warrant service, fugitives 523
777	777	refusing to surrender, and active shooter incidents. 524
778	778	(4) POSSESSION IN PRIVATE CONVEYANCE .— 525
779	779
780	780	HB 31 2025
781	781
782	782
783	783
784	784	CODING: Words stricken are deletions; words underlined are additions.
785	785	hb31-00
786	786	Page 22 of 32
787	787	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
788	788
789	789
790	790
791	791	(a) Notwithstanding s. 790.01, a person 18 years of age or 526
792	792	older who is in lawful possession of a handgun or other weapon 527
793	793	may possess such a handgun or weapon within the interior of a 528
794	794	private conveyance if the handgun or weapon is securely encased 529
795	795	or otherwise not readily accessible for immediate use. A person 530
796	796	who possesses a handgun or other weapon as authorized under this 531
797	797	paragraph may not carry the handgun or weapon on his or her 532
798	798	person. 533
799	799	Section 12. Paragraphs (a) and (b) of subsection (7) of 534
800	800	section 790.251, Florida Statutes, are amended to read: 535
801	801	790.251 Protection of the right to keep and bear arms in 536
802	802	motor vehicles for self -defense and other lawful purposes; 537
803	803	prohibited acts; duty of public and private employers; immunity 538
804	804	from liability; enfo rcement.— 539
805	805	(7) EXCEPTIONS.—The prohibitions in subsection (4) do not 540
806	806	apply to: 541
807	807	(a) Any school property as defined and regulated under s. 542
808	808	790.115. 543
809	809	(b) Any correctional institution regulated under s. 944.47 544
810	810	or chapter 957. 545
811	811	Section 13. Section 790.401, Florida Statutes, is 546
812	812	repealed. 547
813	813	Section 14. Subsections (1) and (4) of section 27.53, 548
814	814	Florida Statutes, are amended to read: 549
815	815	27.53 Appointment of assistants and other staff; method of 550
816	816
817	817	HB 31 2025
818	818
819	819
820	820
821	821	CODING: Words stricken are deletions; words underlined are additions.
822	822	hb31-00
823	823	Page 23 of 32
824	824	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
825	825
826	826
827	827
828	828	payment.— 551
829	829	(1) The public defender of each judicial circuit is 552
830	830	authorized to employ and establish, in such numbers as 553
831	831	authorized by the General Appropriations Act, assistant public 554
832	832	defenders and other staff and personnel pursuant to s. 29.006, 555
833	833	who shall be paid from funds appropriated for that purpose. 556
834	834	Notwithstanding s. 790.01 ss. 790.01 and 790.02 , an investigator 557
835	835	employed by a public defender, while actually carrying out 558
836	836	official duties, is authorized to carry a concealed weapon or 559
837	837	concealed firearm if the investigator complies with s. 560
838	838	790.25(2)(o). However, such in vestigators are not eligible for 561
839	839	membership in the Special Risk Class of the Florida Retirement 562
840	840	System. The public defenders of all judicial circuits shall 563
841	841	jointly develop a coordinated classification and pay plan which 564
842	842	shall be submitted on or before Janu ary 1 of each year to the 565
843	843	Justice Administrative Commission, the office of the President 566
844	844	of the Senate, and the office of the Speaker of the House of 567
845	845	Representatives. Such plan shall be developed in accordance with 568
846	846	policies and procedures of the Executive Office of the Governor 569
847	847	established in s. 216.181. Each assistant public defender 570
848	848	appointed by a public defender under this section shall serve at 571
849	849	the pleasure of the public defender. Each investigator employed 572
850	850	by a public defender shall have full authority to serve any 573
851	851	witness subpoena or court order issued, by any court or judge 574
852	852	within the judicial circuit served by such public defender, in a 575
853	853
854	854	HB 31 2025
855	855
856	856
857	857
858	858	CODING: Words stricken are deletions; words underlined are additions.
859	859	hb31-00
860	860	Page 24 of 32
861	861	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
862	862
863	863
864	864
865	865	criminal case in which such public defender has been appointed 576
866	866	to represent the accused. 577
867	867	(4) The five criminal co nflict and civil regional counsels 578
868	868	may employ and establish, in the numbers authorized by the 579
869	869	General Appropriations Act, assistant regional counsels and 580
870	870	other staff and personnel in each judicial district pursuant to 581
871	871	s. 29.006, who shall be paid from fund s appropriated for that 582
872	872	purpose. Notwithstanding s. 790.01 ss. 790.01 and 790.02 , an 583
873	873	investigator employed by an office of criminal conflict and 584
874	874	civil regional counsel, while actually carrying out official 585
875	875	duties, is authorized to carry a concealed weapon or concealed 586
876	876	firearm if the investigator complies with s. 790.25(2)(o). 587
877	877	However, such investigators are not eligible for membership in 588
878	878	the Special Risk Class of the Florida Retirement System. The 589
879	879	five regional counsels shall jointly develop a coordinated 590
880	880	classification and pay plan for submission to the Justice 591
881	881	Administrative Commission, the President of the Senate, and the 592
882	882	Speaker of the House of Representatives by January 1 of each 593
883	883	year. The plan must be developed in accordance with policies and 594
884	884	procedures of the Executive Office of the Governor established 595
885	885	in s. 216.181. Each assistant regional counsel appointed by the 596
886	886	regional counsel under this section shall serve at the pleasure 597
887	887	of the regional counsel. Each investigator employed by the 598
888	888	regional counsel shall have full authority to serve any witness 599
889	889	subpoena or court order issued by any court or judge in a 600
890	890
891	891	HB 31 2025
892	892
893	893
894	894
895	895	CODING: Words stricken are deletions; words underlined are additions.
896	896	hb31-00
897	897	Page 25 of 32
898	898	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
899	899
900	900
901	901
902	902	criminal case in which the regional counsel has been appointed 601
903	903	to represent the accused. 602
904	904	Section 15. Paragraph (d) of subsection (2) of section 603
905	905	394.463, Florida Statutes, is amended to read: 604
906	906	394.463 Involuntary examination. — 605
907	907	(2) INVOLUNTARY EXAMINATION. — 606
908	908	(d)1. A law enforcement officer taking custody of a person 607
909	909	under this subsection may seize and hold a firearm or any 608
910	910	ammunition the person possesses at the time of taking him or her 609
911	911	into custody if the person poses a potential danger to himself 610
912	912	or herself or others and has made a credible threat of violence 611
913	913	against another person. 612
914	914	2. If the law enforcement officer takes custody of the 613
915	915	person at the person's residence and the criteria in 614
916	916	subparagraph 1. have been met, the law enforcement officer may 615
917	917	seek the voluntary surrender of firearms or ammunition kept in 616
918	918	the residence which have not already been seized under 617
919	919	subparagraph 1. If such firearms or ammunition are not 618
920	920	voluntarily surrendered, or if the person has other firearms or 619
921	921	ammunition that were not seized or voluntarily surrendered when 620
922	922	he or she was taken into custody, a law enforcement officer may 621
923	923	petition the appropriate court under s. 790.401 for a risk 622
924	924	protection order against the person. 623
925	925	3. Firearms or ammunition seized or voluntarily 624
926	926	surrendered under this paragraph must be made available for 625
927	927
928	928	HB 31 2025
929	929
930	930
931	931
932	932	CODING: Words stricken are deletions; words underlined are additions.
933	933	hb31-00
934	934	Page 26 of 32
935	935	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
936	936
937	937
938	938
939	939	return no later than 24 hours after the person taken into 626
940	940	custody can document that he or she is no longer subject to 627
941	941	involuntary examination and has been released or discharged from 628
942	942	any inpatient or involuntary outpatient treatment provided or 629
943	943	ordered under paragraph (g), unless a risk protection order 630
944	944	entered under s. 790.401 directs the law enforcement agency to 631
945	945	hold the firearms or ammunition for a longer period or the 632
946	946	person is subject to a firearm purchase disability under s. 633
947	947	790.065(2), or a firearm possession and firearm ownership 634
948	948	disability under s. 790.064. The process for the actu al return 635
949	949	of firearms or ammunition seized or voluntarily surrendered 636
950	950	under this paragraph may not take longer than 7 days. 637
951	951	4. Law enforcement agencies must develop policies and 638
952	952	procedures relating to the seizure, storage, and return of 639
953	953	firearms or ammunition held under this paragraph. 640
954	954	Section 16. Paragraph (b) of subsection (3) of section 641
955	955	943.051, Florida Statutes, is amended to read: 642
956	956	943.051 Criminal justice information; collection and 643
957	957	storage; fingerprinting. — 644
958	958	(3) 645
959	959	(b) A minor who is charged wi th or found to have committed 646
960	960	the following offenses shall be fingerprinted and the 647
961	961	fingerprints shall be submitted electronically to the 648
962	962	department, unless the minor is issued a prearrest delinquency 649
963	963	citation pursuant to s. 985.12: 650
964	964
965	965	HB 31 2025
966	966
967	967
968	968
969	969	CODING: Words stricken are deletions; words underlined are additions.
970	970	hb31-00
971	971	Page 27 of 32
972	972	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
973	973
974	974
975	975
976	976	1. Assault, as define d in s. 784.011. 651
977	977	2. Battery, as defined in s. 784.03. 652
978	978	3. Carrying a concealed weapon, as defined in s. 653
979	979	790.01(2). 654
980	980	4. Unlawful use of destructive devices or bombs, as 655
981	981	defined in s. 790.1615(1). 656
982	982	5. Neglect of a child, as defined in s. 827.03(1)(e). 657
983	983	6. Assault or battery on a law enforcement officer, a 658
984	984	firefighter, or other specified officers, as defined in s. 659
985	985	784.07(2)(a) and (b). 660
986	986	7. Open carrying of a weapon, as defined in s. 790.053. 661
987	987	7.8. Exposure of sexual organs, as defined in s. 800.03. 662
988	988	8.9. Unlawful possession of a firearm, as defined in s. 663
989	989	790.22(5). 664
990	990	9.10. Petit theft, as defined in s. 812.014(3). 665
991	991	10.11. Cruelty to animals, as defined in s. 828.12(1). 666
992	992	11.12. Arson, as defined in s. 806.031(1). 667
993	993	12.13. Unlawful possession or discha rge of a weapon or 668
994	994	firearm at a school-sponsored event or on school property, as 669
995	995	provided in s. 790.115. 670
996	996	Section 17. Paragraph (d) of subsection (1) of section 671
997	997	943.0585, Florida Statutes, is amended to read: 672
998	998	943.0585 Court-ordered expunction of crimi nal history 673
999	999	records.— 674
1000	1000	(1) ELIGIBILITY.—A person is eligible to petition a court 675
1001	1001
1002	1002	HB 31 2025
1003	1003
1004	1004
1005	1005
1006	1006	CODING: Words stricken are deletions; words underlined are additions.
1007	1007	hb31-00
1008	1008	Page 28 of 32
1009	1009	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
1010	1010
1011	1011
1012	1012
1013	1013	to expunge a criminal history record if: 676
1014	1014	(d) The person has never, as of the date the application 677
1015	1015	for a certificate of expunction is filed, been adjudicated 678
1016	1016	guilty in this state of a criminal offense or been adjudicated 679
1017	1017	delinquent in this state for committing any felony or any of the 680
1018	1018	following misdemeanors, unless the record of such adjudication 681
1019	1019	of delinquency has been expunged pursuant to s. 943.0515: 682
1020	1020	1. Assault, as defin ed in s. 784.011; 683
1021	1021	2. Battery, as defined in s. 784.03; 684
1022	1022	3. Assault on a law enforcement officer, a firefighter, or 685
1023	1023	other specified officers, as defined in s. 784.07(2)(a); 686
1024	1024	4. Carrying a concealed weapon, as defined in s. 687
1025	1025	790.01(2); 688
1026	1026	5. Open carrying of a weapon, as defined in s. 790.053; 689
1027	1027	5.6. Unlawful possession or discharge of a weapon or 690
1028	1028	firearm at a school-sponsored event or on school property, as 691
1029	1029	defined in s. 790.115; 692
1030	1030	6.7. Unlawful use of destructive devices or bombs, as 693
1031	1031	defined in s. 790.161 5(1); 694
1032	1032	7.8. Unlawful possession of a firearm, as defined in s. 695
1033	1033	790.22(5); 696
1034	1034	8.9. Exposure of sexual organs, as defined in s. 800.03; 697
1035	1035	9.10. Arson, as defined in s. 806.031(1); 698
1036	1036	10.11. Petit theft, as defined in s. 812.014(3); 699
1037	1037	11.12. Neglect of a child, as defined in s. 827.03(1)(e); 700
1038	1038
1039	1039	HB 31 2025
1040	1040
1041	1041
1042	1042
1043	1043	CODING: Words stricken are deletions; words underlined are additions.
1044	1044	hb31-00
1045	1045	Page 29 of 32
1046	1046	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
1047	1047
1048	1048
1049	1049
1050	1050	or 701
1051	1051	12.13. Cruelty to animals, as defined in s. 828.12(1). 702
1052	1052	Section 18. Paragraph (b) of subsection (1) of section 703
1053	1053	943.059, Florida Statutes, is amended to read: 704
1054	1054	943.059 Court-ordered sealing of cr iminal history 705
1055	1055	records.— 706
1056	1056	(1) ELIGIBILITY.—A person is eligible to petition a court 707
1057	1057	to seal a criminal history record when: 708
1058	1058	(b) The person has never, before the date the application 709
1059	1059	for a certificate of eligibility is filed, been adjudicated 710
1060	1060	guilty in this state of a criminal offense, or been adjudicated 711
1061	1061	delinquent in this state for committing any felony or any of the 712
1062	1062	following misdemeanor offenses, unless the record of such 713
1063	1063	adjudication of delinquency has been expunged pursuant to s. 714
1064	1064	943.0515: 715
1065	1065	1. Assault, as defined in s. 784.011; 716
1066	1066	2. Battery, as defined in s. 784.03; 717
1067	1067	3. Assault on a law enforcement officer, a firefighter, or 718
1068	1068	other specified officers, as defined in s. 784.07(2)(a); 719
1069	1069	4. Carrying a concealed weapon, as defined in s. 720
1070	1070	790.01(2); 721
1071	1071	5. Open carrying of a weapon, as defined in s. 790.053; 722
1072	1072	5.6. Unlawful possession or discharge of a weapon or 723
1073	1073	firearm at a school-sponsored event or on school property, as 724
1074	1074	defined in s. 790.115; 725
1075	1075
1076	1076	HB 31 2025
1077	1077
1078	1078
1079	1079
1080	1080	CODING: Words stricken are deletions; words underlined are additions.
1081	1081	hb31-00
1082	1082	Page 30 of 32
1083	1083	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
1084	1084
1085	1085
1086	1086
1087	1087	6.7. Unlawful use of destructive devices or bombs, as 726
1088	1088	defined in s. 790.1615(1); 727
1089	1089	7.8. Unlawful possession of a firearm by a minor, as 728
1090	1090	defined in s. 790.22(5); 729
1091	1091	8.9. Exposure of sexual organs, as defined in s. 800.03; 730
1092	1092	9.10. Arson, as defined in s. 806.031(1); 731
1093	1093	10.11. Petit theft, as defined in s. 812.014(3); 732
1094	1094	11.12. Neglect of a child, as defined in s. 827.03(1)(e); 733
1095	1095	or 734
1096	1096	12.13. Cruelty to animals, as defined in s. 828.12(1). 735
1097	1097	Section 19. Paragraph (b) of subsection (1) of section 736
1098	1098	985.11, Florida Statutes, is amended to read: 737
1099	1099	985.11 Fingerprinting and photographing. — 738
1100	1100	(1) 739
1101	1101	(b) Unless the child is issued a prearrest delinquency 740
1102	1102	citation pursuant to s. 985.12, a child who is charged with or 741
1103	1103	found to have committed one of the following offenses shall be 742
1104	1104	fingerprinted, and the fingerpr ints shall be submitted to the 743
1105	1105	Department of Law Enforcement as provided in s. 943.051(3)(b): 744
1106	1106	1. Assault, as defined in s. 784.011. 745
1107	1107	2. Battery, as defined in s. 784.03. 746
1108	1108	3. Carrying a concealed weapon, as defined in s. 747
1109	1109	790.01(2). 748
1110	1110	4. Unlawful use of destructive devices or bombs, as 749
1111	1111	defined in s. 790.1615(1). 750
1112	1112
1113	1113	HB 31 2025
1114	1114
1115	1115
1116	1116
1117	1117	CODING: Words stricken are deletions; words underlined are additions.
1118	1118	hb31-00
1119	1119	Page 31 of 32
1120	1120	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
1121	1121
1122	1122
1123	1123
1124	1124	5. Neglect of a child, as defined in s. 827.03(1)(e). 751
1125	1125	6. Assault on a law enforcement officer, a firefighter, or 752
1126	1126	other specified officers, as defined in s. 784.07(2)(a). 753
1127	1127	7. Open carrying of a weapon, as defined in s. 790.053. 754
1128	1128	7.8. Exposure of sexual organs, as defined in s. 800.03. 755
1129	1129	8.9. Unlawful possession of a firearm, as defined in s. 756
1130	1130	790.22(5). 757
1131	1131	9.10. Petit theft, as defined in s. 812.014. 758
1132	1132	10.11. Cruelty to animals, as defined in s. 828.12(1). 759
1133	1133	11.12. Arson, resulting in bodily harm to a firefighter, 760
1134	1134	as defined in s. 806.031(1). 761
1135	1135	12.13. Unlawful possession or discharge of a weapon or 762
1136	1136	firearm at a school-sponsored event or on school property as 763
1137	1137	defined in s. 790.115. 764
1138	1138	765
1139	1139	A law enforcement agency may fingerprint and photograph a child 766
1140	1140	taken into custody upon probable cause that such child has 767
1141	1141	committed any other violation of law, as the agency deems 768
1142	1142	appropriate. Such fingerprint records and photographs shall be 769
1143	1143	retained by the law enforc ement agency in a separate file, and 770
1144	1144	these records and all copies thereof must be marked "Juvenile 771
1145	1145	Confidential." These records are not available for public 772
1146	1146	disclosure and inspection under s. 119.07(1) except as provided 773
1147	1147	in ss. 943.053 and 985.04(2), but s hall be available to other 774
1148	1148	law enforcement agencies, criminal justice agencies, state 775
1149	1149
1150	1150	HB 31 2025
1151	1151
1152	1152
1153	1153
1154	1154	CODING: Words stricken are deletions; words underlined are additions.
1155	1155	hb31-00
1156	1156	Page 32 of 32
1157	1157	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
1158	1158
1159	1159
1160	1160
1161	1161	attorneys, the courts, the child, the parents or legal 776
1162	1162	custodians of the child, their attorneys, and any other person 777
1163	1163	authorized by the court to have access to such recor ds. In 778
1164	1164	addition, such records may be submitted to the Department of Law 779
1165	1165	Enforcement for inclusion in the state criminal history records 780
1166	1166	and used by criminal justice agencies for criminal justice 781
1167	1167	purposes. These records may, in the discretion of the court, be 782
1168	1168	open to inspection by anyone upon a showing of cause. The 783
1169	1169	fingerprint and photograph records shall be produced in the 784
1170	1170	court whenever directed by the court. Any photograph taken 785
1171	1171	pursuant to this section may be shown by a law enforcement 786
1172	1172	officer to any victim or witness of a crime for the purpose of 787
1173	1173	identifying the person who committed such crime. 788
1174	1174	Section 20. This act shall take effect upon becoming a 789
1175	1175	law. 790