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 123 2021
1 A bill to be entitled
2 An act relating to carrying of firearms without
3 licenses; amending s. 790.01, F.S.; deleting a
4 requirement that a license to carry a concealed
5 firearm is required in order to carry such a firearm;
6 limiting the areas in which a person is prohibited
7 from carrying a concealed firearm; revising criminal
8 penalties; amending s. 790.015, F.S.; revising
9 provisions relating to the carrying of concealed
10 weapons by persons who are not residents of this
11 state; amending s. 790.06, F.S.; conforming provisions
12 to changes made by the act; authorizing the Department
13 of Agriculture and Consumer Services to issue
14 reciprocity licenses to carry concealed weapons or
15 firearms; amending s. 790.145, F.S.; conforming
16 provisions to changes made by the act; amending s.
17 790.25, F.S.; specifying that a person not otherwise
18 prohibited by law from possessing a firearm may own,
19 possess, and lawfully use firearms and other weapons,
20 ammunition, and supplies for lawful purposes; amending
21 ss. 30.15, 790.053, 790.251, and 921.0022, F.S.;
22 conforming provisions to changes made by the act;
23 providing a directive to the Division of Law Revision;
24 providing an effective date.
25
Page 1 of 22
CODING: Words stricken are deletions; words underlined are additions.
hb0123-00
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 123 2021
26 Be It Enacted by the Legislature of the State of Florida:
27
28 Section 1. Subsection (2) and paragraph (a) of subsection
29 (3) of section 790.01, Florida Statutes, are amended to read:
30 790.01 Unlicensed carrying of concealed weapons or
31 concealed firearms.—
32 (2) Except as provided in subsection (3), a person who is
33 not licensed under s. 790.06 and who carries a concealed firearm
34 on or about his or her person into any place described in s.
35 790.06(12)(a) commits a misdemeanor felony of the second third
36 degree, punishable as provided in s. 775.082 or, s. 775.083, or
37 s. 775.084.
38 (3) This section does not apply to:
39 (a) A person who carries a concealed weapon, or a person
40 who may lawfully possess a firearm and who carries a concealed
41 firearm, on or about his or her person while in the act of
42 evacuating during a mandatory evacuation order issued during a
43 state of emergency declared by the Governor pursuant to chapter
44 252 or declared by a local authority pursuant to chapter 870. As
45 used in this subsection, the term "in the act of evacuating"
46 means the immediate and urgent movement of a person away from
47 the evacuation zone within 48 hours after a mandatory evacuation
48 is ordered. The 48 hours may be extended by an order issued by
49 the Governor.
50 Section 2. Section 790.015, Florida Statutes, is amended
Page 2 of 22
CODING: Words stricken are deletions; words underlined are additions.
hb0123-00
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 123 2021
51 to read:
52 790.015 Nonresidents who are United States citizens and
53 hold a concealed weapons license in another state; Reciprocity.—
54 (1) Notwithstanding s. 790.01(1) s. 790.01, a nonresident
55 of Florida may carry a concealed weapon or concealed firearm
56 while in this state if the nonresident:
57 (a) Is 21 years of age or older.
58 (b) Has in his or her immediate possession a valid license
59 to carry a concealed weapon or concealed firearm issued to the
60 nonresident in his or her state of residence.
61 (c) Is a resident of the United States.
62 (2) A nonresident is subject to the same laws and
63 restrictions with respect to carrying a concealed weapon or
64 concealed firearm as a resident of Florida who is so licensed.
65 (3) All valid licenses to carry concealed weapons and
66 firearms issued by other states are hereby given full faith and
67 credit in this state. If the resident of another state who is
68 the holder of a valid license to carry a concealed weapon or
69 concealed firearm issued in another state establishes legal
70 residence in this state by:
71 (a) Registering to vote;
72 (b) Making a statement of domicile pursuant to s. 222.17;
73 or
74 (c) Filing for homestead tax exemption on property in this
75 state,
Page 3 of 22
CODING: Words stricken are deletions; words underlined are additions.
hb0123-00
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 123 2021
76
77 the license shall remain in effect for 90 days following the
78 date on which the holder of the license establishes legal state
79 residence.
80 (4) This section applies only to nonresident concealed
81 weapon or concealed firearm licenseholders from states that
82 honor Florida concealed weapon or concealed firearm licenses.
83 (5) The requirement of paragraph (1)(a) does not apply to
84 a person who:
85 (a) Is a servicemember, as defined in s. 250.01; or
86 (b) Is a veteran of the United States Armed Forces who was
87 discharged under honorable conditions.
88 Section 3. Subsection (1), paragraph (g) of subsection
89 (2), and paragraph (e) of subsection (4) of section 790.06,
90 Florida Statutes, are amended to read:
91 790.06 License to carry concealed weapon or firearm.—
92 (1) The Department of Agriculture and Consumer Services is
93 authorized to issue reciprocity licenses to carry concealed
94 weapons or concealed firearms to persons qualified as provided
95 in this section. Each such license must bear a color photograph
96 of the licensee. For the purposes of this section, concealed
97 weapons or concealed firearms are defined as a handgun,
98 electronic weapon or device, tear gas gun, knife, or billie, but
99 the term does not include a machine gun as defined in s.
100 790.001(9). Such licenses shall be valid throughout the state
Page 4 of 22
CODING: Words stricken are deletions; words underlined are additions.
hb0123-00
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 123 2021
101 for a period of 7 years from the date of issuance. Any person in
102 compliance with the terms of such license may carry a concealed
103 weapon or concealed firearm notwithstanding the provisions of s.
104 790.01. The licensee must carry the license, together with valid
105 identification, at all times in which the licensee is in actual
106 possession of a concealed weapon or firearm and must display
107 both the license and proper identification upon demand by a law
108 enforcement officer. Violations of the provisions of this
109 subsection shall constitute a noncriminal violation with a
110 penalty of $25, payable to the clerk of the court.
111 (2) The Department of Agriculture and Consumer Services
112 shall issue a license if the applicant:
113 (g) Desires a legal means to carry a concealed weapon or
114 firearm for lawful self-defense in states requiring licensure;
115 (4) The application shall be completed, under oath, on a
116 form adopted by the Department of Agriculture and Consumer
117 Services and shall include:
118 (e) A statement that the applicant desires a concealed
119 weapon or firearms license as a means of lawful self-defense in
120 states requiring licensure; and
121 Section 4. Section 790.145, Florida Statutes, is amended
122 to read:
123 790.145 Crimes in pharmacies; possession of weapons;
124 penalties.—
125 (1) Unless otherwise provided by law, any person who is in
Page 5 of 22
CODING: Words stricken are deletions; words underlined are additions.
hb0123-00
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 123 2021
126 possession of a concealed "firearm," as defined in s.
127 790.001(6), or a "destructive device," as defined in s.
128 790.001(4), within the premises of a "pharmacy," as defined in
129 chapter 465, commits is guilty of a felony of the third degree,
130 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
131 (2) The provisions of This section does do not apply to:
132 (a) To Any law enforcement officer; or
133 (b) To Any person employed and authorized by the owner,
134 operator, or manager of a pharmacy to carry a firearm or
135 destructive device on such premises; or
136 (c) To any person licensed to carry a concealed weapon.
137 Section 5. Paragraph (r) is added to subsection (3) of
138 section 790.25, Florida Statutes, and subsection (5) of that
139 section is amended, to read:
140 790.25 Lawful ownership, possession, and use of firearms
141 and other weapons.—
142 (3) LAWFUL USES.—The provisions of ss. 790.053 and 790.06
143 do not apply in the following instances, and, despite such
144 sections, it is lawful for the following persons to own,
145 possess, and lawfully use firearms and other weapons,
146 ammunition, and supplies for lawful purposes:
147 (r) A person not otherwise prohibited by law from
148 possessing a firearm.
149 (5) POSSESSION IN PRIVATE CONVEYANCE.—Notwithstanding
150 subsection (2), it is lawful and is not a violation of s. 790.01
Page 6 of 22
CODING: Words stricken are deletions; words underlined are additions.
hb0123-00
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 123 2021
151 for a person 18 years of age or older to possess a concealed
152 firearm or other weapon for self-defense or other lawful purpose
153 within the interior of a private conveyance, without a license,
154 if the firearm or other weapon is securely encased or is
155 otherwise not readily accessible for immediate use. Nothing
156 herein contained prohibits the carrying of a legal firearm other
157 than a handgun anywhere in a private conveyance when such
158 firearm is being carried for a lawful use. Nothing herein
159 contained shall be construed to authorize the carrying of a
160 concealed firearm or other weapon on the person. This subsection
161 shall be liberally construed in favor of the lawful use,
162 ownership, and possession of firearms and other weapons,
163 including lawful self-defense as provided in s. 776.012.
164 Section 6. Paragraph (k) of subsection (1) of section
165 30.15, Florida Statutes, is amended to read:
166 30.15 Powers, duties, and obligations.—
167 (1) Sheriffs, in their respective counties, in person or
168 by deputy, shall:
169 (k) Assist district school boards and charter school
170 governing boards in complying with s. 1006.12. A sheriff must,
171 at a minimum, provide access to a Coach Aaron Feis Guardian
172 Program to aid in the prevention or abatement of active
173 assailant incidents on school premises, as required under this
174 paragraph. Persons certified as school guardians pursuant to
175 this paragraph have no authority to act in any law enforcement
Page 7 of 22
CODING: Words stricken are deletions; words underlined are additions.
hb0123-00
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 123 2021
176 capacity except to the extent necessary to prevent or abate an
177 active assailant incident.
178 1.a. If a local school board has voted by a majority to
179 implement a guardian program, the sheriff in that county shall
180 establish a guardian program to provide training, pursuant to
181 subparagraph 2., to school district or charter school employees,
182 either directly or through a contract with another sheriff's
183 office that has established a guardian program.
184 b. A charter school governing board in a school district
185 that has not voted, or has declined, to implement a guardian
186 program may request the sheriff in the county to establish a
187 guardian program for the purpose of training the charter school
188 employees. If the county sheriff denies the request, the charter
189 school governing board may contract with a sheriff that has
190 established a guardian program to provide such training. The
191 charter school governing board must notify the superintendent
192 and the sheriff in the charter school's county of the contract
193 prior to its execution.
194 c. The sheriff conducting the training pursuant to
195 subparagraph 2. will be reimbursed for screening-related and
196 training-related costs and for providing a one-time stipend of
197 $500 to each school guardian who participates in the school
198 guardian program.
199 2. A sheriff who establishes a program shall consult with
200 the Department of Law Enforcement on programmatic guiding
Page 8 of 22
CODING: Words stricken are deletions; words underlined are additions.
hb0123-00
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 123 2021
201 principles, practices, and resources, and shall certify as
202 school guardians, without the power of arrest, school employees,
203 as specified in s. 1006.12(3), who:
204 a. Hold a valid license issued under s. 790.06.
205 a.b. Complete a 144-hour training program, consisting of
206 12 hours of certified nationally recognized diversity training
207 and 132 total hours of comprehensive firearm safety and
208 proficiency training conducted by Criminal Justice Standards and
209 Training Commission-certified instructors, which must include:
210 (I) Eighty hours of firearms instruction based on the
211 Criminal Justice Standards and Training Commission's Law
212 Enforcement Academy training model, which must include at least
213 10 percent but no more than 20 percent more rounds fired than
214 associated with academy training. Program participants must
215 achieve an 85 percent pass rate on the firearms training.
216 (II) Sixteen hours of instruction in precision pis