HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 543 Concealed Carry of Weapons and Firearms Without a License
SPONSOR(S): Judiciary Committee, Brannan and others
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Constitutional Rights, Rule of Law & 10 Y, 5 N Padgett Williamson
Government Operations Subcommittee
2) Judiciary Committee 16 Y, 7 N, As CS Padgett Kramer
SUMMARY ANALYSIS
With specified exemptions, a person is prohibited from carrying a concealed weapon or concealed firearm (CWCF) on or
about his or her person unless he or she has a valid license to carry a concealed weapon (CWL ). Carrying a concealed
weapon without a CWL is a first degree misdemeanor. Carrying a concealed firearm without a CWL is a third degree felony.
CS/HB 543 amends s. 790.01, F.S., to authorize a person to carry a CWCF if he or she has a valid CWL, 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 that he or she desires a legal means to carry a
CWCF for lawful self-defense.
The bill creates s. 790.013, F.S., to require a person who carries a CWCF without a CWL to:
 Carry valid identification at all times when he or she is in actual possession of a CWCF and display such
identification upon demand by a law enforcement officer, a violation of which is punishable as a noncriminal violation
and a $25 fine; and
 Obey the prohibition against carrying a CWCF in certain locations where a person with a CWL is not currently
authorized to carry a CWCF, a violation of which is punishable as a second degree misdemeanor.
The bill amends s. 790.06, F.S., to require a CWL holder, like a person authorized to carry a CWCF without a license
under the bill, to carry only a valid identification while in actual possession of a CWCF. The bill leaves the remainder of
the CWL licensing scheme in place to allow a person who chooses to obtain a CWL to continue to receive the benefits
of licensure, such as the ability to carry a CWCF in another state through reciprocity agreements or to receive an
exemption from the required three day waiting period between the purchase and delivery of a firearm.
The bill amends ss. 790.015, 790.053, 790.115, 790.25, and 790.251, F.S., to extend the benefits granted to a CWL
holder to a person who is authorized to carry a CWCF without a CWL under the bill .
The bill continues Florida’s work of improving school safety and security by:
 Amending s. 1001.212, F.S., to:
o Require the Department of Education (DOE) to implement new behavioral threat management operational
processes, a threat assessment instrument, and a threat management portal; and
o Update the membership and responsibilities of school district and charter school threat assessment teams, and
rename such teams threat management teams to align with new threat management processes.
 Amending s. 1002.42, F.S., to authorize private schools to implement safe-school officers.
 Requiring the DOE to adopt emergency rules establishing which School Environmental Safety Incident Reporting
incidents require referral to law enforcement.
The bill further strengthens the safety and security of Florida schools by:
 Creating s. 1006.121, F.S., to establish the Florida Safe Schools Canine Program; and
 Creating s. 943.6873, F.S., to require all law enforcement agencies to adopt a written active assailant response
policy.
Any government entity that receives a fee for processing a CWL application or renewal may have decreased rev enues
since the bill authorizes a person to carry a CWF without a license. The bill includes appropriations, totaling $11,677,846,
to fund the programs and initiatives established by the bill along with $42 million for school hardening grants.
The bill provides an effective date of July 1, 2023, except as otherwise provided.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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 FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Carrying a Concealed Weapon or Concealed Firearm Without a License
Background
Possession and Use of Weapons and Firearms Generally
The Florida Constitution guarantees “the right of the people to keep and bear arms in defense of
themselves and of the lawful authority of the state…except that the manner of bearing arms may be
regulated by law.”1 Generally, a person does not need a license to possess or use a firearm 2 in Florida.
Section 790.25(3), F.S., authorizes the following persons to own, possess, openly carry, and lawfully use
firearms and other weapons in specified circumstances, including:
 Members of the Militia, National Guard, Florida State Defense Force, Army, Navy, Air Force, Marine
Corps, Space Force, Coast Guard, organized reserves, and other armed forces of the state and of
the United States, when on duty, when training or preparing themselves for military duty, or while
subject to recall or mobilization;
 Citizens of this state subject to duty in the Armed Forces under article X, section 2 of the Florida
Constitution, under chs. 250 and 251, F.S., and under federal laws, when on duty or when training
or preparing themselves for military duty;
 Persons carrying out or training for emergency management duties under ch. 252, F.S.;
 Sheriffs, marshals, prison or jail wardens, police officers, Florida highway patrol officers, game
wardens, revenue officers, forest officials, special officers appointed under ch. 354, F.S., and other
peace and law enforcement officers and their deputies and assistants and full-time paid peace
officers of other states and of the Federal Government who are carrying out official duties while in
this state;
 Officers or employees of the state or United States duly authorized to carry a concealed weapon;
 Guards or messengers of common carriers, express companies, armored car carriers, mail carriers,
banks, and other financial institutions, while actually employed in and about the shipment,
transportation, or delivery of any money, treasure, bullion, bonds, or other thing of value within this
state;
 Regularly enrolled members of any organization duly authorized to purchase or receive weapons
from the United States or from this state, or regularly enrolled members of clubs organized for
target, skeet, or trap shooting, while at or going to or from shooting practice; or regularly enrolled
members of clubs organized for modern or antique firearms collecting, while such members are at
or going to or from their collectors' gun shows, conventions, or exhibits;
 A person engaged in fishing, camping, or lawful hunting or going to or returning from a fishing,
camping, or lawful hunting expedition;
 A person engaged in the business of manufacturing, repairing, or dealing in firearms, or the agent
or representative of any such person while engaged in the lawful course of such business;
 A person firing weapons for testing or target practice under safe conditions and in a safe place not
prohibited by law or going to or from such place;
 A person firing weapons in a safe and secure indoor range for testing and target practice;
 A person traveling by private conveyance when the weapon is securely encased or in a public
conveyance when the weapon is securely encased and not in the person's manual possession;
 A person while carrying a pistol unloaded and in a secure wrapper, concealed or otherwise, from
the place of purchase to his or her home or place of business or to a place of repair or back to his
or her home or place of business;
1 Art. I, s. 8(a), Fla. Const.
2 A “firearm” means any weapon (including a starter gun) which will, is designed to, or may readily be converted to expel a pro jectile by
the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; any dest ructive device; or
any machine gun. The term “firearm” does not include an antique firearm unless the antique firearm is used in the commission of a crime.
S. 790.001(6), F.S.
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  A person possessing arms at his or her home or place of business;
 Investigators employed by a public defender or capital collateral regional counsel, while carrying out
official duties, provided such investigators meet specified criteria;
 A tactical medical professional3 who is actively operating in direct support of a tactical operation by
a law enforcement agency, provided such tactical medical professionals meet specified criteria.
Section 790.25(5), F.S., also authorizes a person who is at least 18 years old to possess a concealed
firearm 4 or other weapon5 without a license within the interior of a private conveyance if such concealed
firearm or other weapon is securely encased6 or is otherwise not readily accessible for immediate use. 7
This authorization does not permit an unlicensed person to carry a concealed firearm or other weapon on
his or her person.8
Concealed Carry of Weapons and Firearms
With specified exemptions,9 a person is prohibited from carrying a concealed weapon10 or concealed
firearm on or about his or her person unless he or she has a valid license to carry a concealed weapon
(CWL) issued by the Department of Agriculture and Consumer Services (DACS).11 Carrying a concealed
weapon without a CWL is a first degree misdemeanor.12 Carrying a concealed firearm without a CWL is a
third degree felony.13
Concealed Weapon or Concealed Firearm License
Section 790.06(2), F.S., requires DACS to issue a CWL to any applicant that meets specified criteria. For
purposes of s. 790.06, F.S., the term “concealed weapons or concealed firearms” means a handgun,
electronic weapon or device, tear gas gun, knife, or billie. The term does not include a machine gun as
defined in s. 790.001(9), F.S.14 DACS must issue a CWL to an applicant if he or she:
 Is a resident and a citizen of the United States or a permanent resident alien of the United States,
or is an eligible consular security official;
 Is 21 years of age or older;
 Does not suffer from a physical infirmity that prevents the safe handling of a weapon or firearm;
 Is not ineligible to possess a firearm because of a felony conviction;
 Has not been committed under ch. 397, F.S., for abusing a controlled substance;
 Has not been found guilty of a crime relating to a controlled substance within a three-year period
immediately preceding the application date;
3 A “tactical medical professional” means a paramedic, as defined in s. 401.23, F.S., a physician, as defined in s. 458.305, F.S., or an
osteopathic physician, as defined in s. 459.003, F.S., who is appointed to provide direct support to a tactical law enforcement unit by
providing medical services at high-risk incidents, including, but not limited to, hostage incidents, narcotics raids, hazardous surveillance,
sniper incidents, armed suicidal persons, barricaded suspects, high -risk felony warrant service, fugitives refusing to surrender, and active
shooter incidents. S. 790.25(3)(q)5., F.S.
4 A “concealed firearm” means any firearm 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(2), F.S.
5 “Weapon” means any dirk, knife, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadl y weapon
except a firearm or a common pocketknife, plastic knife, or blunt-bladed table knife. S. 790.001(13), F.S.
6 “Securely encased” means in a glove compartment, whether or not locked; snapped in a holster; in a gun case, whether or not locked; in
a zippered gun case; or in a closed box or container which requires a lid or cover to be opened for access. S. 790.001(17), F .S.
7 “Readily accessible for immediate use” means that a firearm or other weapon is carried on the person or within such close pro ximity and
in such a manner that it can be retrieved and used as easily and quickly as if carried on the person. S. 790.001(16), F. S.
8
S. 790.25(5), F.S.
9 Persons exempted from the prohibition against carrying a concealed weapon or concealed firearm in s. 790.01, F.S., include a law
enforcement officer; correctional officer; correctional probation officer; a person who carries a con cealed weapon or concealed firearm on
or about his or her person while in the act of evacuating during a mandatory evacuation order issued by the Governor under ch . 252, F.S.;
or a person who carries concealed a self-defense chemical spray or nonlethal stun gun or dart-firing stun gun or other nonlethal electric
weapon or device that is designed solely for defensive purposes. Ss. 790.01(3), 790.051, and 790.06(5)(b), F.S.
10 A “concealed weapon” means any dirk, metallic knuckles, billie, tear gas gun, chemic al 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( 3)(a), F.S.
11 S. 790.01, F.S.
12 S. 790.01(1), F.S. A first degree misdemeanor is punishable by up to one year in jail and a $1,000 fine. Ss. 775.082 and 775.083, F.S.
13 S. 790.01(2), F.S. A third degree felony is punishable by up to five years imprisonment and a $5,000 fine. Ss. 775.082 and 77 5.083,
F.S.
14 S. 790.06(1), F.S.
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  Does not chronically and habitually use alcoholic beverages or other substances to the extent that
his or her normal faculties are impaired;
 Desires a legal means to carry a concealed weapon or firearm for lawful self-defense;
 Demonstrates competency with a firearm;15
 Has not been, or is deemed not to have been, adjudicated an incapacitated person in a
guardianship proceeding;
 Has not been, or is deemed not to have been, committed to a mental institution under ch. 394, F.S.;
 Has not had adjudication of guilt withheld or imposition of sentence suspended on any felony, or
any 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 expunged;
 Has not been issued an injunction that is currently in force and effect restraining the applicant from
committing acts of domestic violence or acts of repeat violence;
 Is not prohibited from purchasing or possessing a firearm by any other provision of law;16 or
 Has not had adjudication of guilt withheld for, or had imposition of sentence suspended for one or
more crimes of violence constituting a misdemeanor,17 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.18
Section 790.06(3), F.S., requires DACS to suspend a CWL or the processing of a CWL application if the
CWL holder or applicant is:
 Arrested or formally charged with a crime that would disqualify such person from having a license
under s. 790.06, F.S., until final disposition of the case; or
 Issued an injunction that restrains the licensee or applicant from committing acts of domestic
violence or acts of repeat violence.
Section 790.06(10), F.S., requires DACS to suspend or revoke a CWL if a CWL holder:
 Is found to be ineligible under the criteria set forth in s. 790.06(2), F.S.;
 Develops or sustains a physical infirmity which prevents the safe handling of a weapon or firearm;
 Is convicted of a felony which would make him or her ineligible to possess a firearm under
s. 790.23, F.S.;
 Is found guilty of a crime under ch. 893, F.S., or similar laws of any other state, relating to controlled
substances;
15 A person may demonstrate competency with a firearm by:
 Completing any hunter education or hunter safety course approved by the Fish and Wildlife Conservation Commission or a simila r
agency of another state;
 Completing any National Rifle Association firearms safety or training course;
 Completing any firearms safety or training course or class available to the general public offered by a law enforcement agenc y,
junior college, college, or private or public institution or organization or firearms training sch ool, using instructors certified by the
National Rifle Association, Criminal Justice Standards and Training Commission, or the Department of Agriculture and Consumer
Services;
 Completing any law enforcement firearms safety or training course or class offered for security guards, investigators, special
deputies, or any division or subdi