STORAGE NAME: h0491.CRM
DATE: 3/26/2025
1
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: CS/HB 491
TITLE: Use of Artificial Intelligence by Governmental
Agencies to Detect Concealed Firearms
SPONSOR(S): Miller
COMPANION BILL: SB 562 (Ingoglia)
LINKED BILLS: None
RELATED BILLS: None
Committee References
Criminal Justice
13 Y, 0 N, As CS
SUMMARY
Effect of the Bill:
CS/HB 491 prohibits a governmental agency from using artificial intelligence (AI), or contracting with any other
entity to use AI, in conjunction with a camera or similar technology to detect concealed firearms in a public place.
The bill does not prohibit a governmental agency from using AI, or contracting with any other entity to use AI, to
detect concealed firearms on the grounds of a school or at any location that a person with a concealed weapons or
concealed firearms license is not authorized to carry a concealed weapon or concealed firearm into. The bill
specifies that an aggrieved party may seek injunctive relief against a governmental agency or other entity under
contract with a governmental agency to prevent or remedy a violation of the prohibition.
Fiscal or Economic Impact:
To the extent that a governmental agency or other entity contracting with a governmental agency use AI to detect
concealed firearms in violation of the prohibition in the bill and an aggrieved party files for injunctive relief, the bill
may have a negative indeterminate fiscal impact on such a governmental agency or entity from the costs associated
with such litigation.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
CS/HB 491 prohibits a governmental agency from using, or contracting with any other entity to use, artificial
intelligence (AI) in conjunction with any camera, video recording, live-streaming device, or similar technology to
detect concealed firearms in a public place. The bill specifies that a governmental agency is not prohibited from
using AI, or contracting with any other entity to use AI, to detect concealed firearms:
On the grounds of a school as defined in s. 790.115, F.S.; or
At any location listed in s. 790.06(12), F.S., which specifies the locations that a person with a concealed
weapons or concealed firearms license is not authorized to carry a concealed weapon or concealed firearm
into. (Section 1)
The bill authorizes an aggrieved party to seek injunctive relief against a governmental agency or other entity under
contract with a governmental agency to prevent or remedy a violation. (Section 1)
The bill provides the following definitions:
“Governmental agency” means any state, county, local, or municipal governmental entity or any unit of local
government created or established by law.
“Public place” includes all walks, alleys, streets, boulevards, avenues, lanes, roads, highways, or other ways
or thoroughfares dedicated to public use or owned or maintained by public authority; and all grounds and
buildings owned, leased by, operated, or maintained by public authority. (Section 1) JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
The effective date of the bill is July 1, 2025. (Section 2)
FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
To the extent that a state governmental agency uses AI to detect concealed firearms in violation of the prohibition
in the bill and an aggrieved party files for injunctive relief, the bill may have a negative indeterminate fiscal impact
on state government from the costs associated with such litigation.
LOCAL GOVERNMENT:
To the extent that local governmental agencies use AI to detect concealed firearms in violation of the prohibition in
the bill and an aggrieved party files for injunctive relief, the bill may have a negative indeterminate fiscal impact on
such local governmental agencies from the costs associated with such litigation.
PRIVATE SECTOR:
To the extent that there are entities that are currently contracting with governmental agencies to detect concealed
firearms in public places, the bill may have an indeterminate negative fiscal impact on such entities which would
no longer be able to contract with a governmental agency to perform such services. To the extent that entities
contract with governmental agencies to use AI to detect concealed firearms in violation of the prohibition in the bill
and an aggrieved party files for injunctive relief, the bill may have a negative indeterminate fiscal impact on such
entities from the costs associated with such litigation.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Artificial Intelligence
Artificial intelligence (AI) is the use of computer systems to perform tasks that normally require human
intelligence, such as learning and decision-making.
1 It enables computer systems to receive information that is
either provided to them by others or gathered by them (e.g. through camera lenses or other sensors), which they
can then process and respond to in some meaningful way. Applications and devices equipped with AI can see and
identify objects, understand and respond to human language, and learn from new information and experiences.
2
Several private businesses have developed AI software that can automatically monitor security cameras to identify
whether a person is carrying a firearm.
3 Such systems are generally deployed in public places where large crowds
are expected, or in locations where firearms are generally prohibited, such as schools.
4 If a firearm is detected by
the AI software and subsequently verified by officials monitoring the camera system, a report is then forwarded to
the appropriate law enforcement agency.
5 Current AI technology cannot detect concealed firearms or holstered
firearms.
6
Firearms
Concealed Firearms
1 National Conference of State Legislatures, Artificial Intelligence 2024 Legislation, https://www.ncsl.org/technology-and-
communication/artificial-intelligence-2024-legislation#:~:text=Defines%20AI%20as%20an%20engineered,
influence%20physical%20or%20virtual%20environments. (last visited Mar. 24, 2025).
2 IBM, What is AI?, https://www.ibm.com/think/topics/artificial-intelligence (last visited Mar., 24, 2025).
3 Daytona Beach News Journal, Daytona Beach getting AI-powered software to detect guns and alert police in seconds, https://www.news-
journalonline.com/story/news/local/volusia/2025/01/23/daytona-beach-getting-25-cameras-that-can-spot-and-report-
guns/77893930007/ (last visited Mar. 24, 2025). Spectrum News 13, AI gun detection software in place as part of safety measures at Seminole
County schools, https://mynews13.com/fl/orlando/news/2024/11/19/hidden-program-in-place-to-protect-seminole-county-students (last
visited Mar. 24, 2025).
4
Id.
5
Id.
6
Id. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
Generally, a person is authorized to carry a concealed weapon
7 or concealed firearm
8 under s. 790.01, F.S., if he or
she:
Has a concealed weapons or concealed firearm license (CWL) issued under s. 790.06, F.S.; or
Does not have a CWL, but otherwise satisfies the criteria for receiving and maintaining a CWL, except that
such person is not required to demonstrate competency with a firearm or affirmatively state he or she
desires a legal means to carry a concealed weapon or concealed firearm for lawful self-defense.
A person who unlawfully carries a concealed weapon or electric weapon or device
9 commits a first degree
misdemeanor.
10 A person who unlawfully carries a concealed firearm commits a third degree felony.
11
Concealed Weapons or Concealed Firearms License
Section 790.06, F.S., specifies the criteria that a person must meet in order to be issued a CWL, the process for
issuing and renewing a CWL, the circumstances under which a CWL is subject to revocation, and specified
limitations on where a CWL holder may carry a concealed weapon or concealed firearm. A CWL
12 does not
authorize a person to carry a concealed weapon or concealed firearm into:
Any place of nuisance as defined in s. 823.05, F.S.;
Any police, sheriff, or highway patrol station;
Any detention facility, prison, or jail;
Any courthouse;
Any courtroom, except that a judge may carry a concealed weapon or concealed firearm and determine
who may carry a concealed weapon or concealed firearm in his or her courtroom;
Any polling place;
Any meeting of a local governing body;
Any meeting of the Legislature or committee thereof;
Any school, college, or professional athletic event not related to firearms;
Any elementary or secondary school facility or administration building;
13
Any career center;
Any portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises,
which portion of the establishment is primarily devoted to such purpose;
7 “Concealed weapon” means any dirk, metallic knuckles, billie, tear gas gun, chemical weapon or device, or other deadly weapon carried on
or about a person in such a manner as to conceal the weapon from the ordinary sight of another person. S. 790.001(4)(a), F.S.
8 “Concealed firearm” means any firearm, as defined in s. 790.001(9), F.S., which is carried on or about a person in such a manner as to
conceal the firearm from the ordinary sight of another person. S. 790.001(3), F.S.
9 “Electric weapon or device” means any device which, through the application or use of electrical current, is designed, redesigned, used, or
intended to be used for offensive or defensive purposes, the destruction of life, or the infliction of injury. S. 790.001(7), F.S.
10 S. 790.01(2), F.S. A first degree misdemeanor is punishable by one year in jail and a $1,000 fine. Ss. 775.082 or 775.083, F.S.
11 S. 790.01(3), F.S. A third degree felony is punishable by up to five years imprisonment and a $5,000 fine. Ss. 775.082, 775.083, or 775.084,
F.S.
12 A person who carries a concealed firearm without a CWL is likewise not authorized to carry a concealed firearm into any of the locations
listed in s. 790.06, F.S. S. 790.013(2), F.S.
13 The Federal “Gun-Free School Zones Act,” (Act) at 18 U.S.C. §922(q), prohibits a person from knowingly possessing a firearm on the
grounds of, or within 1,000 feet of the grounds of, a public, parochial, or private school. The Act does not apply to the possession of a firearm:
On private property that is not part of school grounds;
If the individual possessing the firearm is licensed to do so by the state in which the school zone is located or a political subdivision
of the state, and the law of the state or political subdivision requires that, before an individual obtains such a license, the law
enforcement authorities of the state or political subdivision verify that the individual is qualified under law to receive the license;
That is:
o Not loaded; and
o In a locked container, or a locked firearms rack that is on a motor vehicle;
By an individual for use in a program approved by a school in the school zone;
By an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer
of the individual;
By a law enforcement officer acting in his or her official capacity; or
That is unloaded and is possessed by an individual while traversing school premises for the purpose of gaining access to public or
private lands open to hunting, if the entry on school premises is authorized by school authorities.
A violation of the Act is punishable by up to five years imprisonment and a $5,000 fine. 18 U.S.C. §924(a)(4). JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
Any college or university facility unless the licensee is a registered student, employee, or faculty member of
such college or university and the weapon is a stun gun or nonlethal electric weapon or device designed
solely for defensive purposes and the weapon does not fire a dart or projectile;
The inside of the passenger terminal and sterile area of any airport, provided no person is prohibited from
carrying any legal firearm into the terminal, which firearm is encased for shipment for purposes of
checking such firearm as baggage to be lawfully transported on any aircraft; or
Any place where the carrying of firearms is prohibited by federal law.
14
A CWL holder who knowingly and willfully carries a concealed weapon or concealed firearm into any unauthorized
location commits a second degree misdemeanor.
15
Possessing or Discharging Firearms on School Property
Section 790.115, F.S., generally prohibits a person from willfully and knowingly possessing a firearm on the
property of a school, school bus, or school bus stop, except as authorized in support of school-sanctioned activities.
A violation is punishable as a third degree felony.
16 A person who discharges a firearm at a school-sanctioned event
or on the property of any school, school bus, or school bus stop commits a second degree felony.
17
“School” means any preschool, elementary school, middle school, junior high school, secondary school, career
center, or postsecondary school, whether public or nonpublic.
BILL HISTORY
COMMITTEE REFERENCE ACTION DATE
STAFF
DIRECTOR/
POLICY CHIEF
ANALYSIS
PREPARED BY
Criminal Justice Subcommittee 13 Y, 0 N, As CS 3/26/2025 Hall Padgett
THE CHANGES ADOPTED BY THE
COMMITTEE:
Defined the terms “governmental agency” and “public place.”
Narrowed the general prohibition against a person using artificial
intelligence (AI) to detect firearms to in public areas to prohibit a
governmental agency from using AI or contracting with an entity to use
AI to detect concealed firearms in a public place.
Specified that a governmental agency may use AI or contract with an
entity to use AI to detect concealed firearms in specified locations.
Removed a criminal penalty for a violation of the prohibition.
Authorized an aggrieved party to seek an injunction for a violation of
the prohibition.
Changed the effective date of the bill to July 1, 2025.
-------------------------------------------------------------------------------------------------------------------------------------
THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
-------------------------------------------------------------------------------------------------------------------------------------
14 S. 790.06(12)(a), F.S.
15 S. 790.06(12)(d), F.S. A second degree misdemeanor is punishable by up to 60 days in jail and a $500 fine. Ss. 775.082 or 775.083, F.S.
16 S. 790.115(2)(c)1., F.S.
17 S. 790.115(2)(d), F.S.A second degree felony is punishable by up to 15 years imprisonment and a $10,000 fine. Ss. 775.082, 775.083, or
775.084, F.S.