The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Fiscal Policy
BILL: CS/SB 490
INTRODUCER: Criminal Justice Committee and Senator Collins
SUBJECT: Concealed Carry Licensing Requirements for Law Enforcement Officers, Correctional
Officers, Correctional Probation Officers, and Military Servicemembers
DATE: April 21, 2025
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Cellon Stokes CJ Fav/CS
2. Wiseheart Betta AEG Favorable
3. Cellon Siples FP Favorable
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 490 amends s. 790.052, F.S., to provide that certain correctional probation officers have
the right to carry concealed firearms during off-duty hours at the discretion of their superior
officers, and perform their normal law enforcement function, using their weapons in a manner
which is reasonably expected of on-duty officers in similar situations.
Additionally, the bill provides that correctional probation officers meet to the definition of
“qualified law enforcement officer,” and the definition of “qualified retired law enforcement
officer.”
The superior officer of the Department of Corrections can direct the officers under his or her
supervision to carry concealed firearms while off duty, if he or she files a statement with the
governing body containing instructions and requirements relating to the carrying of said
firearms.
The bill amends s. 790.0655, F.S., to define “holder of a concealed weapons or concealed
firearms license” for purposes of the three-day wait section. A holder of a concealed weapons or
concealed firearms license includes, a person who holds a valid license issued under
REVISED: BILL: CS/SB 490 Page 2
s. 790.06. F.S., a law enforcement officer, a correctional officer, a correctional probation officer,
and a servicemember as defined in s. 250.01, F.S
1
.
Under the bill a law enforcement officer, correctional officer, or correctional probation officer
does not have to wait three days to take possession of a purchased firearm.
The bill does not impact state revenues or expenditures. See Section V., Fiscal Impact Statement.
The bill takes effect on July 1, 2025.
II. Present Situation:
Carrying a Concealed Weapon or Firearm With or Without a License
The Licensure Requirements
The Department of Agriculture and Consumer Services (DACS) is statutorily authorized to issue
concealed weapon and concealed firearm licenses to applicants who qualify.
2
For purposes of the
concealed carry licensure law, “concealed weapons or concealed firearms” means a handgun,
electronic weapon or device, tear gas gun, knife, or billie, but not a machine gun.
3
To obtain a concealed weapon or concealed firearm license, a person must complete, under oath,
an application that includes:
• The name, address, place and date of birth, race, and occupation of the applicant;
• A full frontal view color photograph of the applicant which must be taken within the
preceding 30 days;
• A statement that the applicant has been furnished with a copy of ch. 790, F.S., relating to
weapon and firearms and is knowledgeable of its provisions;
• A warning that the application is executed under oath with penalties for falsifying or
substituting false documents;
• A statement that the applicant desires a concealed weapon or firearm license as a means of
lawful self-defense;
• A full set of fingerprints;
• Documented proof of completion of a firearm safety and training course; and
• A nonrefundable license fee.
4
The DACS must issue the license to carry a concealed weapon or concealed firearm if all other
requirements are met and the applicant:
1
“Servicemember” means any person serving as a member of the United States Armed Forces on active duty or state active
duty and all members of the Florida National Guard and United States Reserve Forces. s. 250.01, F.S.
2
Section 790.06(1), F.S.
3
Id.
4
Section 790.06,(4)-(5) F.S. BILL: CS/SB 490 Page 3
• Is a resident of the United States and a citizen of the United States or a permanent resident
alien of the United States, as determined by the United States Bureau of Citizenship and
Immigration Services, or is a consular security official of a foreign government;
5
• Is 21 years of age or older;
6
• Does not suffer from a physical infirmity which prevents the safe handling of a weapon or
firearm;
• Is not ineligible to possess a firearm pursuant to s. 790.23, F.S., by virtue of having been
convicted of a felony;
• Has not been committed for the abuse of a controlled substance or been found guilty of a
crime under the provisions of ch. 893, F.S., or similar laws of any other state relating to
controlled substances within a three-year period immediately preceding the date on which the
application is submitted;
• Does not chronically and habitually use alcoholic beverages or other substances to the extent
that his or her normal faculties are impaired;
7
• Desires a legal means to carry a concealed weapon or concealed firearm for lawful self-
defense;
• Demonstrates competence with a firearm;
• Has not been adjudicated an incapacitated person under s. 744.331, F.S., or similar laws of
any other state, unless five years have elapsed since the applicant’s restoration to capacity by
court order;
• Has not been committed to a mental institution under ch. 394, F.S., or similar laws of any
other state, unless the applicant produces a certificate from a licensed psychiatrist that he or
she has not suffered from disability for at least five years prior to the date of submission of
the application;
• Has not had adjudication of guilt withheld or imposition of sentence suspended on any felony
or misdemeanor crime of domestic violence unless three years have elapsed since probation
or any other conditions set by the court have been fulfilled, or the record has been sealed or
expunged;
• Has not been issued an injunction that is currently in force and effect and that restrains the
applicant from committing acts of domestic violence or acts of repeat violence; and
• Is not prohibited from purchasing or possessing a firearm by any other provision of Florida
or federal law.
8
Pursuant to s. 790.06(3), F.S., the DACS must deny the application if the applicant has been
found guilty of, had adjudication of guilt withheld for, or had imposition of sentence suspended
for one or more crimes of violence constituting a misdemeanor, unless three years have elapsed
5
Such consular security official must maintain diplomatic relations and treaties of commerce, friendship, and navigation with
the United States and is certified as such by the foreign government and by the appropriate embassy in this country.
6
Pursuant to s. 790.062, F.S., the DACS must issue a license to carry a concealed weapon or concealed firearm to a
servicemember or veteran who does not meet the 21 years of age threshold if he or she is otherwise qualified.
7
It shall be presumed that an applicant chronically and habitually uses alcoholic beverages or other substances to the extent
that his or her normal faculties are impaired if the applicant has been committed under ch. 397, F.S., or under the provisions
of former ch. 396, F.S., or has been convicted under s. 790.151, F.S., or has been deemed a habitual offender under
s. 856.011(3), F.S., or has had two or more convictions under s. 316.193, F.S., or similar laws of any other state, within the 3-
year period immediately preceding the date on which the application is submitted. Section 790.06(2), F.S.
8
Section 790.06(2), F.S. BILL: CS/SB 490 Page 4
since probation or any other conditions set by the court have been fulfilled or the record has been
sealed or expunged.
9
The DACS must:
• Revoke a license if the licensee has been found guilty of, had adjudication of guilt withheld
for, or had imposition of sentence suspended for one or more crimes of violence within the
preceding three years.
10
• Upon notification by a law enforcement agency, a court, or the FDLE and subsequent written
verification, suspend a license or the processing of an application for a license if the licensee
or applicant is arrested or formally charged with a crime that would disqualify such person
from having a license under this section, until final disposition of the case.
11
• Suspend a license or the processing of an application for a license if the licensee or applicant
is issued an injunction that restrains the licensee or applicant from committing acts of
domestic violence or acts of repeat violence.
12
Expedited Concealed Carry License Processing for Military, Law Enforcement License
A servicemember
13
or a veteran
14
may request expedited processing of his or her application.
15
For expedited processing of an application:
• A servicemember must submit a copy of the Common Access Card, United States Uniformed
Services Identification Card, or current deployment orders.
• A veteran must submit a copy of the DD Form 214, issued by the United States Department
of Defense, or another acceptable form of identification as specified by the Department of
Veterans' Affairs.
16
Law Enforcement Exceptions to Licensure Requirement
A person holding an active certification from the Criminal Justice Standards and Training
Commission as a law enforcement officer, correctional officer, or correctional probation officer
is exempt from the licensing requirements of s. 790.06, F.S.
17
The officers are defined as:
• “Law enforcement officer”
18
means any person 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 includes all certified supervisory and command personnel whose duties
9
Section 790.06(3), F.S.
10
Id.
11
Id.
12
Id.
13
“Servicemember” means any person serving as a member of the United States Armed Forces on active duty or state active
duty and all members of the Florida National Guard and United States Reserve Forces. s. 250.01, F.S.
14
“Veteran” means” a person who served in the active military, naval, or air service and who was discharged or released
under honorable conditions only or who later received an upgraded discharge under honorable conditions, notwithstanding
any action by the United States Department of Veterans Affairs on individuals discharged or released with other than
honorable discharges. s. 1.01(14), F.S.
15
Section 790.06(4)(f), F.S.
16
Section 790.06(4)(f), F.S.
17
Section 790.06(5)(b), F.S.
18
Section 943.10(1), F.S. BILL: CS/SB 490 Page 5
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, and special officers employed by a Class I, Class II, or
Class III railroad pursuant to s. 354.01, F.S.
• “Correctional officer”
19
means any person who is appointed or employed full time by the
state or any political subdivision thereof, or by any private entity which has contracted with
the state or county, and whose primary responsibility is the supervision, protection, care,
custody, and control, or investigation, of inmates within a correctional institution; however,
the term “correctional officer” does not include any secretarial, clerical, or professionally
trained personnel.
• “Correctional probation officer”
20
means a person who is employed full time by the state
whose primary responsibility is the supervised custody, surveillance, and control of assigned
inmates, probationers, parolees, or community controllees within institutions of the
Department of Corrections or within the community. The term includes supervisory
personnel whose duties include, in whole or in part, the supervision, training, and guidance of
correctional probation officers, but excludes management and administrative personnel
above, but not including the probation and parole regional administrator level.
• “Part-time law enforcement officer”
21
means any person employed or appointed less than full
time, as defined by an employing agency, with or without compensation, 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.
• “Part-time correctional officer”
22
means any person who is employed or appointed less than
full time, as defined by the employing or appointing agency, with or without compensation,
whose responsibilities include the supervision, protection, care, custody, and control of
inmates within a correctional institution.
• “Auxiliary law enforcement officer”
23
means any person employed or appointed, with or
without compensation, who aids or assists a full-time or part-time law enforcement officer
and who, while under the direct supervision of a full-time or part-time law enforcement
officer, has the authority to arrest and perform law enforcement functions.
• “Auxiliary correctional officer”
24
means any person employed or appointed, with or without
compensation, who aids or assists a full-time or part-time correctional officer and who, while
under the supervision of a full-time or part-time correctional officer, has the same authority
as a full-time or part-time correctional officer for the purpose of providing supervision,
protection, care, custody, and control of inmates within a correctional institution or a county
or municipal detention facility.
25
If such individual wishes to receive a concealed weapon or concealed firearm license, he or she
is exempt from the background investigation and all background investigation fees but must pay
19
Section 943.10(2), F.S.
20
Section 943.10(3), F.S.
21
Section 943.10(6), F.S.
22
Section 943.10(7), F.S.
23
Section 943.10(8), F.S.
24
Section 943.10(9), F.S.
25
Section 790.06(5)(b), F.S. BILL: CS/SB 490 Page 6
the current license fees regularly required to be paid by nonexempt applicants.
26
Further, a law
enforcement officer, a correctional officer, or a correctional probation officer as defined in
s. 943.10(1), (2), or (3), F.S. is exempt from the required fees and background investigation for
one year after his or her retirement.
27
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.
28
Carrying a Concealed Weapon or Concealed Firearm Without a License
A person is authorized to carry a concealed weapon or concealed firearm
29
if he or she:
• Is licensed under s. 790.06, F.S.; or
• Is not licensed under s. 790.06, F.S., but otherwise satisfies the criteria for receiving and
maintaining such a license.
30
A person who carries a concealed weapon or concealed firearm without a license
31
must carry
valid identification at all times when he or she is in actual possession of a concealed weapon or
concealed firearm and must display such identification upon demand by a law enforcement
officer.
32
The person must also abide by s. 790.06(12), F.S., in the same manner as a person who
is licensed to carry a concealed weapon or concealed firearm.
33
Purchase of a Firearm from a Licensed Dealer
A federally licensed firearm dealer may not sell or deliver from her or his inventory at her or his
licensed premises any firearm to another person, other than a licensed importer, licensed
manufacturer, licensed dealer, or licensed collector, until she or he has:
• Obtained a completed form from the potential buyer (transferee), which must include
identifying information such as the name, date of birth, gender, race, and social security
number or other identification number of such potential buyer or transferee; and
• Inspected proper identification including an identification containing a photograph of the
potential buyer or transferee.
34
These are the first steps in the firearm purchase process, followed by collecting a fee and
initiating the background check.
35
26
Section 790.06(5)(b), F.S.
27
Section 790.06(5)(b), F.S.
28
Section 790.051, F.S.
29
“Concealed weapon or firearm” as defined in s. 790.06, F.S. means a handgun, electric weapon or device, tear gas gun,
knife, or billie, but does not include a machine gun as that term is defined in s. 790.001 , F.S.
30
Section 790.06(2)(a)-(f) and (i)-(n), (3), and (10), F.S.
31
Section 790.01(1)(b), F.S.
32
Section 790.013, F.S.
33
Section 790.06(12)(a), F.S., lists the locations where a person is not authorized to openly carry a handgun (defined in s.
790.001(10), F.S. as a firearm capable of being carried and used by one hand, such as a pistol or revolver) or carry a
concealed weapon or concealed firearm.
34
Section 790.065(1)(a)1., F.S.
35
Section 790.065(1), F.S. BILL: CS/SB 490 Page 7
However, if the person purchasing, or receiving delivery of, the firearm is a holder of a valid
concealed weapons or firearms license
36
or holds an active certification from the Criminal Justice
Standards and Training Commission
37
as a “law enforcement officer
38
,” a “correctional
officer
39
,” or a “correctional probation officer
40
”, the federally licensed dealer is not required to
collect the background check fee or run the background check before making the sale.
41
Three-Day Waiting Period
A mandatory waiting period is imposed between the purchase and delivery of a firearm. The
mandatory waiting period is three days, excluding weekends and legal holidays, or expires at the
completion of the records checks required under s. 790.065, F.S., whichever occurs later.
42
The waiting period does not apply when a firearm is being purchased by a holder of a concealed
weapons or concealed firearms license issued under s. 790.06., F.S.
43
III. Effect of Proposed Changes:
The bill amends s. 790.052(1)(a), F.S., to provide that correctional probation officers
44
holding
active certifications from the Criminal Justice Standards and Training Commission
45
may carry
concealed firearms during off-duty hours, at the discretion of their superior officers, and may
perform those law enforcement functions that they normally perform during duty hours, utilizing
their weapons in a manner which is reasonably expected of on-duty officers.
The bill amends s. 790.052(1)(b), F.S., to provide that correctional probation officers
46
holding
active certifications from the Criminal Justice Standards and Training Commission
47
meet the
definition of “qualified law enforcement officer,” and “qualified retired law enforcement
officer.”
The superior officer of the Florida Department of Corrections, if he or she elects to direct the
officers under his or her supervision to carry concealed firearms while off duty, must file a
statement with the governing body of the department of his or her instructions and requirements
relating to the carrying of the firearms.
36
Section 790.06, F.S.
37
Section 943.1395, F.S.
38
Section 943.10(1), F.S.
39
Section 943.10(2), F.S.
40
Section 943.10(3), F.S.
41
Section 790.065(1)(b), F.S.; See also “[T]he dealer must verify the transferee's identity by examining the identification
document described in the transferee's statement. Thus, licensed firearms dealers are required to keep information about the
identity of firearms buyers in their records.” 18 U.S.C.A. 922(s)(3); and “After the transferee has executed the Form 4473,
the licensee: (i) Shall verify the identity of the transferee by examining the identification document (as defined in § 478.11)
presented, and shall note on the Form 4473 the type of identification used.” 27 C.F.R .478.124 (c)(3)(i).
42
Section 790.0655(1)(a), F.S.
43
Section 790.0655(2)(a), F.S.
44
Section 943.10(3), F.S.
45
Section 943.1395, F.S.
46
Section 943.10(3), F.S.
47
Section 943.1395, F.S. BILL: CS/SB 490 Page 8
The bill amends s. 790.0655(4), F.S., to provide the meaning of “holder of a concealed weapons
or concealed firearms license" for purposes of the 3-day wait section.
A holder of a concealed weapons or concealed firearms license includes:
• A person who holds a valid license issued under s. 790.06., F.S.;
• A law enforcement officer, correctional officer, or correctional probation officer
48
; and
• A servicemember as defined in s. 250.01, F.S.
49
The bill takes effect on July 1, 2025.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
The bill does not appear to require cities and counties to expend funds or limit their
authority to raise revenue or receive state-shared revenues as specified by Art. VII, s. 18
of the State Constitution.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
48
Sections 943.10(1), 943.10(2), and 943.10(3), F.S., respectively.
49
Servicemember means any person serving as a member of the United States Armed Forces on active duty or state active
duty and all members of the Florida National Guard and United States Reserve Forces. s. 250.01, F.S. BILL: CS/SB 490 Page 9
C. Government Sector Impact:
None.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes: 790.052 and
790.0655.
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Criminal Justice on March 4, 2025:
• Adds certain correctional probation officers to the list of persons who have the right
to carry concealed firearms under certain circumstances, and to the list of persons
who are “qualified law enforcement officers” or “qualified retired law enforcement
officers.”
• Provides that the superior officer of the Department of Corrections can direct the
officers under his or her supervision to carry concealed firearms while off duty under
certain circumstances.
• Removes the 3-day waiting period for any firearm purchases by law enforcement
officers, part-time law enforcement officers, auxiliary law enforcement officers,
correctional officers, part-time correctional officers, auxiliary correctional officers,
correctional probation officers, and servicemembers.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.