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 31 2025
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 exemption
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; repealing s. 790.401, F.S.,
38 relating to risk protection orders; amending ss.
39 27.53, 394.463, 943.051, 943.0585, 943.059, and
40 985.11, F.S.; conforming provisions to changes made by
41 the act; providing an effective date.
42
43 WHEREAS, the Legislature finds that the Second Amendment to
44 the United States Constitution guarantees that the right to keep
45 and bear arms is a fundamental individual right that is
46 incorporated to the state and shall not be infringed, and
47 WHEREAS, the Legislature acknowledges that s. 8(a), Art. I
48 of the State Constitution declares that "The right of the people
49 to keep and bear arms in defense of themselves and of the lawful
50 authority of the state shall not be infringed, except that the
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51 manner of bearing arms may be regulated by law," and
52 WHEREAS, the Florida appellate courts have found the
53 issuance of a license to carry a concealed weapon or firearm to
54 be a privilege and not a vested right, and
55 WHEREAS, the Legislature finds that any regulation of a
56 manner of bearing arms that constitutes a general ban on
57 unconcealed carry or a general ban on the carry or possession of
58 an entire class of arms that is in common use for lawful
59 purposes would be an unconstitutional infringement of the
60 fundamental individual rights of the people guaranteed by both
61 the Second Amendment to the United States Constitution and s. 8,
62 Art. I of the State Constitution, and
63 WHEREAS, the Legislature seeks to protect the fundamental
64 individual right to keep and bear arms, NOW, THEREFORE,
65
66 Be It Enacted by the Legislature of the State of Florida:
67
68 Section 1. Paragraph (g) is added to subsection (12) of
69 section 790.001, Florida Statutes, to read:
70 790.001 Definitions.—As used in this chapter, except where
71 the context otherwise requires:
72 (12) "Law enforcement officer" means:
73 (g) A person holding a judicial office, as defined in s.
74 105.011(1).
75 Section 2. Section 790.013, Florida Statutes, is amended
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76 to read:
77 790.013 Carrying of concealed weapons, or concealed
78 handguns, or unconcealed firearms without a license.—A person
79 who carries a concealed weapon, a or concealed handgun, or an
80 unconcealed firearm without a license as authorized under s.
81 790.01(1)(b) or s. 790.053(1)(b):
82 (1) Must carry valid identification at all times when he
83 or she is in actual possession of a concealed weapon, a or
84 concealed handgun, or an unconcealed firearm and must display
85 such identification upon demand by a law enforcement officer. A
86 violation of this subsection is a noncriminal violation
87 punishable by a $25 fine, payable to the clerk of the court.
88 (2) Is subject to s. 790.06(12) in the same manner as a
89 person who is licensed to carry a concealed weapon or concealed
90 firearm.
91 Section 3. Section 790.02, Florida Statutes, is repealed.
92 Section 4. Section 790.051, Florida Statutes, is repealed.
93 Section 5. Section 790.053, Florida Statutes, is amended
94 to read:
95 790.053 Open carrying of weapons.—
96 (1) Except as otherwise provided by law and in subsection
97 (2), it is lawful unlawful for any person to openly carry on or
98 about his or her person any otherwise legal firearm or electric
99 weapon or device. It is not a violation of this section for a
100 person who carries a concealed firearm as authorized in s.
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101 790.01(1) to briefly and openly display the firearm to the
102 ordinary sight of another person, unless the firearm is
103 intentionally displayed in an angry or threatening manner, not
104 in necessary self-defense.
105 (2) A person may openly carry, for purposes of lawful
106 self-defense:
107 (a) A self-defense chemical spray.
108 (b) A nonlethal stun gun or dart-firing stun gun or other
109 nonlethal electric weapon or device that is designed solely for
110 defensive purposes.
111 (3) Any person violating this section commits a
112 misdemeanor of the second degree, punishable as provided in s.
113 775.082 or s. 775.083.
114 Section 6. Subsections (16) through (18) of section
115 790.06, Florida Statutes, are renumbered as subsections (15)
116 through (17), respectively, and paragraph (b) of subsection (5),
117 paragraphs (b) and (e) of subsection (6), subsection (11),
118 paragraph (a) of subsection (12), and present subsection (15) of
119 that section are amended to read:
120 790.06 License to carry concealed weapon or concealed
121 firearm.—
122 (5) The applicant shall submit to the Department of
123 Agriculture and Consumer Services or an approved tax collector
124 pursuant to s. 790.0625:
125 (b) A nonrefundable license fee of up to $55 if he or she
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126 has not previously been issued a statewide license or of up to
127 $45 for renewal of a statewide license. The cost of processing
128 fingerprints as required in paragraph (c) shall be borne by the
129 state from general revenue applicant. However, an individual
130 holding an active certification from the Criminal Justice
131 Standards and Training Commission as a law enforcement officer,
132 correctional officer, or correctional probation officer as
133 defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9) is
134 exempt from the licensing requirements of this section. If such
135 individual wishes to receive a concealed weapon or concealed
136 firearm license, he or she is exempt from the background
137 investigation and all background investigation fees but must pay
138 the current license fees regularly required to be paid by
139 nonexempt applicants. Further, a law enforcement officer, a
140 correctional officer, or a correctional probation officer as
141 defined in s. 943.10(1), (2), or (3) is exempt from the required
142 fees and background investigation for 1 year after his or her
143 retirement.
144 (6)
145 (b) The sheriff's office shall provide fingerprinting
146 service if requested by the applicant and may charge a fee not
147 to exceed $5 for this service.
148 (e) A consular security official of a foreign government
149 that maintains diplomatic relations and treaties of commerce,
150 friendship, and navigation with the United States and is
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151 certified as such by the foreign government and by the
152 appropriate embassy in this country must be issued a license
153 within 20 days after the date of the receipt of a completed
154 application, certification document, color photograph as
155 specified in paragraph (5)(e), and a nonrefundable license fee
156 of $300. Consular security official licenses shall be valid for
157 1 year and may be renewed upon completion of the application
158 process as provided in this section.
159 (11)(a) At least 90 days before the expiration date of the
160 license, the Department of Agriculture and Consumer Services
161 shall mail to each licensee a written notice of the expiration
162 and a renewal form prescribed by the Department of Agriculture
163 and Consumer Services. The licensee must renew his or her
164 license on or before the expiration date by filing with the
165 Department of Agriculture and Consumer Services the renewal form
166 containing an affidavit submitted under oath and under penalty
167 of perjury stating that the licensee remains qualified pursuant
168 to the criteria specified in subsections (2) and (3), and a
169 color photograph as specified in paragraph (5)(e), and the
170 required renewal fee. Out-of-state residents must also submit a
171 complete set of fingerprints and fingerprint processing fee. The
172 license shall be renewed upon receipt of the completed renewal
173 form, color photograph, appropriate payment of fees, and, if
174 applicable, fingerprints. Additionally, a licensee who fails to
175 file a renewal application on or before its expiration date must
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176 renew his or her license by paying a late fee of $15. A license
177 may not be renewed 180 days or more after its expiration date,
178 and such a license is deemed to be permanently expired. A person
179 whose license has been permanently expired may reapply for
180 licensure; however, an application for licensure and fees under
181 subsection (5) must be submitted, and a background investigation
182 shall be conducted pursuant to this section. A person who
183 knowingly files false information under this subsection is
184 subject to criminal prosecution under s. 837.06.
185 (b) A license issued to a servicemember, as defined in s.
186 250.01, is subject to paragraph (a); however, such a license
187 does not expire while the servicemember is serving on military
188 orders that have taken him or her over 35 miles from his or her
189 residence and shall be extended, as provided in this paragraph,
190 for up to 180 days after his or her return to such residence. If
191 the license renewal requirements in paragraph (a) are met within
192 the 180-day extension period, the servicemember may not be
193 charged any additional costs, such as, but not limited to, late
194 fees or delinquency fees, above the normal license fees. The
195 servicemember must present to the Department of Agriculture and
196 Consumer Services a copy of his or her official military orders
197 or a written verification from the member's commanding officer
198 before the end of the 180-day period in order to qualify for the
199 extension.
200 (12)(a) A license issued under this section does not
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201 authorize any person to openly carry a handgun or carry a
202 concealed weapon or concealed firearm into:
203 1. Any place of nuisance as defined in s. 823.05;
204 2. Any police, sheriff, or highway patrol station;
205 3. Any detention facility, prison, or jail;
206 4. Any courthouse, except that nothing in this
207 subparagraph precludes a judge from carrying a weapon or firearm
208 or determining who will carry a concealed weapon or concealed
209 firearm in his or her courtroom or chambers, and this exception
210 shall not extend to any parking facility in or near any
211 courthouse;
212 5. Any courtroom, except that nothing in this section
213 precludes a judge from carrying a concealed weapon or concealed
214 firearm or determining who will carry a concealed weapon or
215 concealed firearm in his or her courtroom;