STORAGE NAME: h1021b.JDC
DATE: 3/18/2025
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 1021
TITLE: Carrying of Handguns or Weapons by Law
Enforcement Officers Attending Athletic Events
SPONSOR(S): Holcomb
COMPANION BILL: SB 1248 (Collins)
LINKED BILLS: None
RELATED BILLS: None
Committee References
Criminal Justice
16 Y, 1 N, As CS
Judiciary
SUMMARY
Effect of the Bill:
CS/HB 1021 specifies that the current limitation on a holder of a concealed weapons or concealed firearms license
carrying a concealed weapon or a concealed firearm into a school, college, or professional athletic event does not
preclude a law enforcement officer from carrying a concealed weapon or concealed firearm into such an event if he
or she is attending the event as a private citizen. As such, a law enforcement officer attending such an athletic event
as a private citizen would be authorized to carry a concealed weapon or concealed firearm.
Fiscal or Economic Impact:
None.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill specifies that nothing in s. 790.06, F.S., which provides the requirements for issuing and renewing a
concealed weapons or concealed firearms license (CWL) and also provides limitations on where a CWL holder may
carry a concealed weapon or concealed firearm, precludes a person who holds an active certification from the
Criminal Justice Standards and Training Commission as a law enforcement officer, as defined in s. 943.10(1), F.S.,
from carrying a concealed weapon or concealed firearm into a school, college, or professional athletic event that is
not related to firearms when he or she is attending the event as a private citizen. As such, under the bill, a law
enforcement officer would be authorized to carry a concealed weapon or concealed firearm into a school, college,
or professional athletic event. (Section 1)
The effective date of the bill is July 1, 2005. (Section 2)
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Carrying a Concealed Weapon or Concealed Firearm
Generally, a person is authorized to carry a concealed weapon
1 or concealed firearm
2 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
1 “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.
2 “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. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
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
3 commits a first degree
misdemeanor.
4 A person who unlawfully carries a concealed firearm commits a third degree felony.
5
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
6 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;
7
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;
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.
8
3 “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.
4 S. 790.01(2), F.S. A first degree misdemeanor is punishable by one year in a jail and a $1,000 fine. Ss. 775.082 or 775.083, F.S.
5 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.
6 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.
7 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).
8 S. 790.06(12)(a), F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
A CWL holder who knowingly and willfully carries a concealed weapon or concealed firearm into any unauthorized
location commits a second degree misdemeanor.
9
Carrying a Concealed Weapon or Concealed Firearm ̶ Law Enforcement Officers
Law enforcement officers are exempt from the licensing and penal provisions of ch. 790, F.S., when acting at any
time within the scope or course of their official duties or when acting at any time in the line of or performance of
duty.
10 As used generally in ch. 790, F.S., the term “law enforcement officer” includes the following:
All officers or employees of the United States or the State of Florida, or any agency, commission,
department, board, division, municipality, or subdivision thereof, who have authority to make arrests.
Officers or employees of the United States or the State of Florida, or any agency, commission, department,
board, division, municipality, or subdivision thereof, duly authorized to carry a concealed weapon.
Members of the Armed Forces of the United States, the organized reserves, state militia, or Florida National
Guard, when on duty, when preparing themselves for, or going to or from, military duty, or under orders.
An employee of the state prisons or correctional systems who has been so designated by the Department of
Corrections or by a warden of an institution.
All peace officers.
All state attorneys and United States attorneys and their respective assistants and investigators.
11
Carrying a Concealed Weapon or Concealed Firearm While Off-Duty
When a law enforcement officer is not on duty, he or she is authorized to carry a concealed weapon or concealed
firearm under several provisions of state and Federal law. For purposes of specifying when a law enforcement
officer may carry a concealed weapon or a concealed firearm when he or she is off-duty, a “law enforcement
officer” means a person who holds an active certification from the Criminal Justice Standards and Training
Commission
12 (CJSTC) and who:
Is elected, appointed, or employed full time by any municipality or the state or any political subdivision
thereof; who is vested with authority to bear arms and make arrests; and
Whose primary responsibility is the prevention and detection of crime or the enforcement of the penal,
criminal, traffic, or highway laws of the state.
The term “law enforcement officer” includes all certified supervisory and command personnel whose duties
include, in whole or in part, the supervision, training, guidance, and management responsibilities of full-time law
enforcement officers, part-time law enforcement officers, or auxiliary law enforcement officers but does not
include support personnel employed by the employing agency. The term also includes a special officer employed
by a Class I, Class II, or Class III railroad pursuant to s. 354.01, F.S.
13
An off-duty law enforcement officer may carry a concealed weapon or concealed firearm:
Under an exemption to CWL licensing requirements;
14
With a valid CWL;
15
Without a CWL, if he or she satisfies the criteria for receiving and maintaining a CWL;
16
Under s. 790.052, F.S., which authorizes a law enforcement officer to carry a concealed firearm during off-
duty hours, at the discretion of his or her superior officer, and authorizes such an officer to perform law
enforcement functions that he or she normally performs during duty hours, utilizing their weapons in a
manner which is reasonably expected of on-duty officers in similar situations.
9 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.
10 S. 790.051, F.S.
11 S. 790.001(12), F.S.
12 The CJSTC is responsible for establishing uniform minimum standards for the employment of law enforcement officers and correctional
officers and certifying that such officers meet the specified minimum standards for employment. Florida Department of Law Enforcement,
Criminal Justice Standards & Training Commission (CJSTC), http://www.fdle.state.fl.us/CJSTC/Commission.aspx (last visited Mar. 10, 2025).
13 S. 943.10(1), F.S.
14 S. 790.06(5)(b), F.S.
15 S. 790.06(5)(b), F.S. Although a law enforcement officer is exempt from CWL licensing requirements, an officer may receive CWL if he or
she chooses. In such circumstances, a law enforcement officer is exempt from the background investigation and background check fees, but
must pay the license fee for nonexempt applicants. Id.
16 S. 790.01(1), F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
Under the Federal “Law Enforcement Officers Safety Act,” which authorizes a “qualified law enforcement
officer”
17 to carry a concealed firearm in any state, subject to state laws that restrict locations where a
concealed firearm may be carried.
18
BILL HISTORY
COMMITTEE REFERENCE ACTION DATE
STAFF
DIRECTOR/
POLICY CHIEF
ANALYSIS
PREPARED BY
Criminal Justice Subcommittee 16 Y, 1 N, As CS 3/12/2025 Hall Padgett
THE CHANGES ADOPTED BY THE
COMMITTEE:
Made technical changes to maintain consistent terminology with existing
provisions in ch. 790, F.S.
Judiciary Committee Kramer Padgett
-------------------------------------------------------------------------------------------------------------------------------------
THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
-------------------------------------------------------------------------------------------------------------------------------------
17 A “qualified law enforcement officer” means an employee of a governmental agency who:
Is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any
person for, any violation of law, and has statutory powers of arrest or apprehension under 10 U.S.C. §807(b);
Is authorized by the agency to carry a firearm;
Is not the subject of any disciplinary action by the agency which could result in suspension or loss of police powers;
Meets standards, if any, established by the agency which require the employee to regularly qualify in the use of a firearm;
Is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and
Is not prohibited by Federal law from receiving a firearm.
18 U.S.C. §926B
18 Id.