Florida 2025 Regular Session

Florida House Bill H0383 Latest Draft

Bill / Comm Sub Version Filed 03/13/2025

                               
 
CS/CS/HB 383  	2025 
 
 
 
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A bill to be entitled 1 
An act relating to purchase and possession of firearms 2 
by law enforcement officers, correctional officers, 3 
correctional probation officers, and servicemembers; 4 
amending s. 790.052, F.S.; specifying that 5 
correctional probation officers have the right to 6 
carry concealed firearms during off -duty hours at the 7 
discretion of their superior officers; authorizing 8 
correctional probation officers to perform certain law 9 
enforcement functions under limited circumstances; 10 
revising the definition of the terms "qualified law 11 
enforcement officer" and "qualified retired law 12 
enforcement officer"; specifying that a correctional 13 
probation officer's appointing or employing agency or 14 
department may limit the officer from carrying 15 
concealed firearms during off -duty hours in his or her 16 
capacity as an appointee or employee of the agency or 17 
department; specifying that a superior officer in the 18 
Department of Corrections who decides to direct the 19 
officers under his or her supervision to carry 20 
concealed firearms while off duty must file a certain 21 
statement with the department's governing body; 22 
amending s. 790.0655, F.S.; revising exemptions from 23 
the mandatory waiting period between the purchase and 24 
delivery of a firearm; defining the term "holder of a 25     
 
CS/CS/HB 383  	2025 
 
 
 
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concealed weapons or concealed firear ms license"; 26 
providing an effective date. 27 
 28 
Be It Enacted by the Legislature of the State of Florida: 29 
 30 
 Section 1.  Section 790.052, Florida Statutes, is amended 31 
to read: 32 
 790.052  Carrying concealed firearms; off -duty law 33 
enforcement officers. — 34 
 (1)(a)  All persons holding active certifications from the 35 
Criminal Justice Standards and Training Commission as law 36 
enforcement officers , or correctional officers , or correctional 37 
probation officers as defined in s. 943.10(1), (2), (3), (6), 38 
(7), (8), or (9) shall have the right to carry, on or about 39 
their persons, concealed firearms, during off -duty hours, at the 40 
discretion of their superior officers, and may perform those law 41 
enforcement functions that they normally perform during duty 42 
hours, utilizing their weapons in a manner which is reasonably 43 
expected of on-duty officers in similar situations. 44 
 (b)  All persons holding an active certification from the 45 
Criminal Justice Standards and Training Commission as a law 46 
enforcement officer, or a correctional offic er, or a 47 
correctional probation officer as defined in s. 943.10(1), (2), 48 
(3), (6), (7), (8), or (9) meet the definition of "qualified law 49 
enforcement officer" in 18 U.S.C. s. 926B(c). 50     
 
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 (c)  All persons who held an active certification from the 51 
Criminal Justice Standards and Training Commission as a law 52 
enforcement officer, or correctional officer , or correctional 53 
probation officer as defined in s. 943.10(1), (2), (3), (6), 54 
(7), (8), or (9), while working for an employing agency, as 55 
defined in s. 943.10(4), but have separated from service under 56 
the conditions set forth in 18 U.S.C. s. 926C(c), meet the 57 
definition of "qualified retired law enforcement officer." 58 
 (d)  This section does not limit the right of a law 59 
enforcement officer, correctional officer, or c orrectional 60 
probation officer to carry a concealed firearm off duty as a 61 
private citizen under the exemption provided in s. 790.06 that 62 
allows a law enforcement officer, correctional officer, or 63 
correctional probation officer as defined in s. 943.10(1), (2 ), 64 
(3), (6), (7), (8), or (9) to carry a concealed firearm without 65 
a concealed weapon or concealed firearm license or as otherwise 66 
provided by law. The appointing or employing agency or 67 
department of an officer carrying a concealed firearm as a 68 
private citizen is not liable for the use of the firearm in such 69 
capacity. This section does not limit the authority of the 70 
appointing or employing agency or department from establishing 71 
policies limiting law enforcement officers , or correctional 72 
officers, or correctional probation officers from carrying 73 
concealed firearms during off -duty hours in their capacity as 74 
appointees or employees of the agency or department. 75     
 
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 (2)  The superior officer of any police department , any or 76 
sheriff's office, or the Florida Highway P atrol, or the 77 
Department of Corrections, if he or she elects to direct the 78 
officers under his or her supervision to carry concealed 79 
firearms while off duty, shall file a statement with the 80 
governing body of such department of his or her instructions and 81 
requirements relating to the carrying of said firearms. 82 
 Section 2.  Section 790.0655, Florida Statutes, is amended 83 
to read: 84 
 790.0655  Purchase and delivery of firearms; mandatory 85 
waiting period; exceptions; penalties. — 86 
 (1)(a)  A mandatory waiting period is imposed between the 87 
purchase and delivery of a firearm. The mandatory waiting period 88 
is 3 days, excluding weekends and legal holidays, or expires 89 
upon the completion of the records checks required under s. 90 
790.065, whichever occurs later. "Purchase" means the transfer 91 
of money or other valuable consideration to the retailer. 92 
"Retailer" means and includes a licensed importer, licensed 93 
manufacturer, or licensed dealer engaged in the business of 94 
making firearm sales at retail or for distribution, or use, o r 95 
consumption, or storage to be used or consumed in this state, as 96 
defined in s. 212.02(13). 97 
 (b)  Records of firearm sales must be available for 98 
inspection by any law enforcement agency, as defined in s. 99 
934.02, during normal business hours. 100     
 
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 (2)  The waiting period does not apply in the following 101 
circumstances: 102 
 (a)  When a firearm is being purchased by a holder of a 103 
concealed weapons or concealed firearms license issued under s. 104 
790.06. 105 
 (b)  To a trade-in of another firearm. 106 
 (c)  To the purchase of a rifle or shotgun, upon a person's 107 
successfully completing a minimum of a 16 -hour hunter safety 108 
course and possessing a hunter safety certification card issued 109 
under s. 379.3581. A person who is exempt from the hunter safety 110 
course requirements under s. 379 .3581 and holds a valid Florida 111 
hunting license is exempt from the mandatory waiting period 112 
under this section for the purchase of a rifle or shotgun. 113 
 (d)  When a rifle or shotgun is being purchased by a law 114 
enforcement officer or correctional officer, as those terms are 115 
defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9), or a 116 
servicemember as defined in s. 250.01. 117 
 (3)  It is a felony of the third degree, punishable as 118 
provided in s. 775.082, s. 775.083, or s. 775.084: 119 
 (a)  For any retailer, or any employee or agent of a 120 
retailer, to deliver a firearm before the expiration of the 121 
waiting period, subject to the exceptions provided in subsection 122 
(2). 123 
 (b)  For a purchaser to obtain delivery of a firearm by 124 
fraud, false pretense, or false representatio n. 125     
 
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 (4)  For purposes of this section, the term: 126 
 (a)  "Holder of a concealed weapons or concealed firearms 127 
license" includes all of the following: 128 
 1.  A person who holds a valid license issued under s. 129 
790.06. 130 
 2.  A law enforcement officer, correctional officer, or 131 
correctional probation officer as those terms are defined in s. 132 
943.10(1), (2), (3), (6), (7), (8), or (9). 133 
 3.  A servicemember as defined in s. 250.01. 134 
 (b)  "Purchase" means the transfer of money or other 135 
valuable consideration to the retai ler. 136 
 (c)  "Retailer" means and includes a licensed importer, 137 
licensed manufacturer, or licensed dealer engaged in the 138 
business of making firearm sales at retail or for distribution, 139 
or use, or consumption, or storage to be used or consumed in 140 
this state, as defined in s. 212.02(13). 141 
 Section 3. This act shall take effect July 1, 2025. 142