F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1619 2024
1 A bill to be entitled
2 An act relating to carrying and possession of weapons
3 and firearms; amending s. 790.001, F.S.; revising the
4 definition of the term "law enforcement officer";
5 amending s. 790.013, F.S.; prohibiting the carrying of
6 a concealed handgun or an unconcealed firearm without
7 a license and the possession of such handgun or
8 firearm without valid identification; providing
9 penalties; repealing s. 790.02, F.S., relating to
10 arrests without warrant and upon probable cause;
11 repealing s. 790.051, F.S., relating to an exempti on
12 from licensing requirements for law enforcement
13 officers; amending s. 790.053, F.S.; allowing the open
14 carrying of any otherwise legal firearm or electric
15 weapon or device; deleting provisions prohibiting open
16 carry; amending s. 790.06, F.S.; deleting provisions
17 relating to the collection of fees for licenses to
18 carry concealed weapons or concealed firearms;
19 revising the list of places into which a person may
20 not carry a handgun or concealed weapon or concealed
21 firearm; providing exceptions; amending s. 790.0625,
22 F.S.; deleting provisions relating to collection of
23 fees by tax collectors for licenses to carry concealed
24 weapons or concealed firearms; amending s. 790.065,
25 F.S.; conforming provisions to changes made by the
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26 act; amending s. 790.115, F.S.; deleting a provision
27 allowing school districts to restrict the possession
28 of a weapon or firearm in a vehicle in compliance with
29 specified provisions; amending s. 790.222, F.S.;
30 revising the definition of the term "bump-fire stock";
31 amending s. 790.25, F.S.; conforming provisions to
32 changes made by the act; revising a provision
33 concerning possession of a handgun or other weapon
34 within the interior of a private conveyance; amending
35 s. 790.251, F.S.; deleting specified exceptions to
36 statutory protections of the right to keep and bear
37 arms in motor vehicles; amending s. 790.401, F.S.;
38 providing an indigent person a right to counsel in
39 risk protection proceedings; deleting a prohibition on
40 the award of attorney fees in such proceedings;
41 revising provisions concerning the conduct of remote
42 hearings; authorizing, rather than requiring, a court
43 to issue a risk protection order in certain
44 circumstances; revising factors to be considered in
45 determining whether to grant a risk protection order;
46 deleting provisions for temporary ex parte risk
47 protection orders; deleting provisions eliminating
48 liability for acts or omissions related to obtaining
49 certain risk protection orders; amending ss. 27.53,
50 943.051, 943.0585, 943.059, and 985.11, F.S.;
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51 conforming provisions to changes made by the act;
52 providing an effective date.
53
54 WHEREAS, the Legislature finds that the Second Amendment to
55 the United States Constitution guarantees that the right to keep
56 and bear arms is a fundamental individual right that is
57 incorporated to the state and shall not be infringed, and
58 WHEREAS, the Legislature acknowledges that s. 8(a), Art. I
59 of the State Constitution declares that "The right of the people
60 to keep and bear arms in defense of themselves and of the lawful
61 authority of the state shall not be infringed, except that the
62 manner of bearing arms may be regulated by law," and
63 WHEREAS, the Florida appellate courts have found the
64 issuance of a license to carry a concealed weapon or firearm to
65 be a privilege and not a vested right, and
66 WHEREAS, the Legislature finds that any regulation of a
67 manner of bearing arms that constitutes a general ban on
68 unconcealed carry or a general ban on the carry or possession of
69 an entire class of arms that is in common use for lawful
70 purposes would be an unconstitutional infringement of the
71 fundamental individual rights of the people guaranteed by both
72 the Second Amendment to the United States Constitution and s. 8,
73 Art. I of the State Constitution, and
74 WHEREAS, the Legislature seeks to protect the fundamental
75 individual right to keep and bear arms, NOW, THEREFORE,
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76
77 Be It Enacted by the Legislature of the State of Florida:
78
79 Section 1. Paragraph (g) is added to subsection (12) of
80 section 790.001, Florida Statutes, to read:
81 790.001 Definitions.—As used in this chapter, except where
82 the context otherwise requires:
83 (12) "Law enforcement officer" means:
84 (g) A person holding a judicial office, as defined in s.
85 105.011(1).
86 Section 2. Section 790.013, Florida Statutes, is amended
87 to read:
88 790.013 Carrying of concealed weapons, or concealed
89 handguns, or unconcealed firearms without a license.—A person
90 who carries a concealed weapon, a or concealed handgun, or an
91 unconcealed firearm without a license as authorized under s.
92 790.01(1)(b) or s. 790.053(1)(b):
93 (1)(a) Must carry valid identification at all times when
94 he or she is in actual possession of a concealed weapon , a or
95 concealed handgun, or an unconcealed firearm and must display
96 such identification upon demand by a law enforcement officer.
97 (b) A violation of this subsection is a noncriminal
98 violation punishable by a $25 fine, payable to the clerk of the
99 court.
100 (2) Is subject to s. 790.06(12) in the same manner as a
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101 person who is licensed to carry a concealed weapon or concealed
102 firearm.
103 Section 3. Section 790.02, Florida Statutes, is repealed.
104 Section 4. Section 790.051, Florida Statutes, is repealed.
105 Section 5. Section 790.053, Florida Statutes, is amended
106 to read:
107 790.053 Open carrying of weapons.—
108 (1) Except as otherwise provided by law and in subsection
109 (2), it is lawful unlawful for any person to openly carry on or
110 about his or her person any otherwise legal firearm or electric
111 weapon or device. It is not a violation of this section for a
112 person who carries a concealed firearm as authorized in s.
113 790.01(1) to briefly and openly display the firearm to the
114 ordinary sight of another person, unless the firearm is
115 intentionally displayed in an angry or threatening manner, not
116 in necessary self-defense.
117 (2) A person may openly carry, for purposes of lawful
118 self-defense:
119 (a) A self-defense chemical spray.
120 (b) A nonlethal stun gun or dart-firing stun gun or other
121 nonlethal electric weapon or device that is designed solely for
122 defensive purposes.
123 (3) Any person violating this section commits a
124 misdemeanor of the second degree, punishable as provided in s.
125 775.082 or s. 775.083.
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126 Section 6. Subsections (16) through (18) of section
127 790.06, Florida Statutes, are renumbered as subsections (15)
128 through (17), respectively, and paragraph (b) of subsection (5),
129 paragraphs (b) and (e) of subsection (6), subsection (11),
130 paragraph (a) of subsection (12), and present subsection (15) of
131 that section are amended to read:
132 790.06 License to carry concealed weapon or concealed
133 firearm.—
134 (5) The applicant shall submit to the Department of
135 Agriculture and Consumer Services or an approved tax collector
136 pursuant to s. 790.0625:
137 (b) A nonrefundable license fee of up to $55 if he or she
138 has not previously been issued a statewide license or of up t o
139 $45 for renewal of a statewide license. The cost of processing
140 fingerprints as required in paragraph (c) shall be borne by the
141 state from general revenue applicant. However, an individual
142 holding an active certification from the Criminal Justice
143 Standards and Training Commission as a law enforcement officer,
144 correctional officer, or correctional probation officer as
145 defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9) is
146 exempt from the licensing requirements of this section. If such
147 individual wishes to receive a concealed weapon or concealed
148 firearm license, he or she is exempt from the background
149 investigation and all background investigation fees but must pay
150 the current license fees regularly required to be paid by
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151 nonexempt applicants. Further, a law enforcement officer, a
152 correctional officer, or a correctional probation officer as
153 defined in s. 943.10(1), (2), or (3) is exempt from the required
154 fees and background investigation for 1 year after his or her
155 retirement.
156 (6)
157 (b) The sheriff's office shall provide fingerprinting
158 service if requested by the applicant and may charge a fee not
159 to exceed $5 for this service.
160 (e) A consular security official of a foreign government
161 that maintains diplomatic relations and treaties of commerce,
162 friendship, and navigation with the United States and is
163 certified as such by the foreign government and by the
164 appropriate embassy in this country must be issued a license
165 within 20 days after the date of the receipt of a completed
166 application, certification document, color photograph as
167 specified in paragraph (5)(e), and a nonrefundable license fee
168 of $300. Consular security official licenses shall be valid for
169 1 year and may be renewed upon completion of the application
170 process as provided in this section.
171 (11)(a) At least 90 days before the expiration date of the
172 license, the Department of Agriculture and Consumer Services
173 shall mail to each licensee a written notice of the expiration
174 and a renewal form prescribed by the Department of Agriculture
175 and Consumer Services. The licensee must renew his or her
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176 license on or before the expiration date by filing with the
177 Department of Agriculture and Consumer Services the renewal form
178 containing an affidavit submitted under oath and under penalty
179 of perjury stating that the licensee remains qualified pursuant
180 to the criteria specified in subsections (2) and (3), and a
181 color photograph as specified in paragraph (5)(e), and the
182 required renewal fee. Out-of-state residents must also submit a
183 complete set of fingerprints and fingerprint processing fee. The
184 license shall be renewed upon receipt of the completed renewal
185 form, color photograph, appropriate payment of fees, and, if
186 applicable, fingerprints. Additionally, a licensee who fails to
187 file a renewal application on or before its expiration date must
188 renew his or her license by paying a late fee of $15. A license
189 may not be renewed 180 days or more after its expiration date,
190 and such a license is deemed to be permanently expired. A person
191 whose license has been permanently expired may reapply for
192 licensure; however, an application for licensure and fees under
193 subsection (5) must be submitted, and a background investigation
194 shall be conducted pursuant to this section. A person who
195 knowingly files false information under this subsection is
196 subject to criminal prosecution under s. 837.06.
197 (b) A license issued to a servicemember, as defined in s.
198 250.01, is subject to paragraph (a); however, such a license
199 does not expire while the servicemember is serving on military
200 orders that have taken him or her over 35 miles from his or her
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201 residence and shall be extended, as provided in this paragraph,
202 for up to 180 days after his or her return to such residence. If
203 the license renewal requirements in paragraph (a) are met within
204 the 180-day extension period, the servicemember may not be
205 charged any additional costs, such as, but not limited to, late
206 fees or delinquency fees, above the normal license fees. The
207 servicemember must present to the Department of Agriculture and
208 Consumer Services a copy of his or her official military orders
209 or a written verification from the member's commanding officer
210 before the end of the 180-day period in order to qualify for the
211 extension.
212 (12)(a) A license issued under this section does not
213 authorize any person to openly carry a handgun or car