Bill Summary – FastDemocracy

       Florida Senate - 2021                                    SB 1580
       
       
        
       By Senator Jones
       
       
       
       
       
       35-00923A-21                                          20211580__
                      A bill to be entitled                      
       An act relating to licenses to carry concealed weapons
       or firearms; amending s. 790.06, F.S.; reducing the
       term and fee of a license to carry a concealed weapon
       or firearm; specifying that experience with a firearm
       through military service in the United States Armed
       Forces meets the requirement of demonstrating
       competence with a firearm; requiring the retention of
       fingerprints in specified systems; revising the
       required notice by the department to licensees before
       the expiration date of their licenses to include
       electronic notice; requiring renewing licensees to
       submit a full set of fingerprints and the personal
       identifying information required by federal law;
       requiring a licensee, upon each renewal, to provide
       proof of completion of a firearms training or safety
       course or class meeting specified requirements;
       requiring instructors to maintain certain records;
       providing an effective date.

Be It Enacted by the Legislature of the State of Florida:

       Section 1.âSubsections (1) and (2), paragraphs (b) and (c)
of subsection (5), and subsection (11) of section 790.06,
Florida Statutes, are amended to read:
       790.06âLicense to carry concealed weapon or firearm.â
       (1)âThe Department of Agriculture and Consumer Services is
authorized to issue licenses to carry concealed weapons or
concealed firearms to persons qualified as provided in this
section. Each such license must bear a color photograph of the
licensee. For the purposes of this section, concealed weapons or
concealed firearms are defined as a handgun, electronic weapon
or device, tear gas gun, knife, or billie, but the term does not
include a machine gun as defined in s. 790.001(9). Such licenses
shall be valid throughout the state for a period of 5 7 years
from the date of issuance. Any person in compliance with the
terms of such license may carry a concealed weapon or concealed
firearm notwithstanding the provisions of s. 790.01. The
licensee must carry the license, together with valid
identification, at all times in which the licensee is in actual
possession of a concealed weapon or firearm and must display
both the license and proper identification upon demand by a law
enforcement officer. Violations of the provisions of this
subsection shall constitute a noncriminal violation with a
penalty of $25, payable to the clerk of the court.
       (2)âThe Department of Agriculture and Consumer Services
shall issue a license if the applicant:
       (a)â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 that maintains 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;
       (b)âIs 21 years of age or older;
       (c)âDoes not suffer from a physical infirmity which
prevents the safe handling of a weapon or firearm;
       (d)âIs not ineligible to possess a firearm pursuant to s.
790.23 by virtue of having been convicted of a felony;
       (e)âHas not been:
       1.âFound guilty of a crime under the provisions of chapter
893 or similar laws of any other state relating to controlled
substances within a 3-year period immediately preceding the date
on which the application is submitted; or
       2.âCommitted for the abuse of a controlled substance under
chapter 397 or under the provisions of former chapter 396 or
similar laws of any other state. An applicant who has been
granted relief from firearms disabilities pursuant to s.
790.065(2)(a)4.d. or pursuant to the law of the state in which
the commitment occurred is deemed not to be committed for the
abuse of a controlled substance under this subparagraph;
       (f)âDoes not chronically and habitually use alcoholic
beverages or other substances to the extent that his or her
normal faculties are impaired. 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 convicted under s.
790.151 or has been deemed a habitual offender under s.
856.011(3), or has had two or more convictions under s. 316.193
or similar laws of any other state, within the 3-year period
immediately preceding the date on which the application is
submitted;
       (g)âDesires a legal means to carry a concealed weapon or
firearm for lawful self-defense;
       (h)âDemonstrates competence with a firearm by any one of
the following:
       1.âCompletion of any hunter education or hunter safety
course approved by the Fish and Wildlife Conservation Commission
or a similar agency of another state;
       2.âCompletion of any National Rifle Association firearms
safety or training course;
       3.âCompletion of any firearms safety or training course or
class available to the general public offered by a law
enforcement agency, junior college, college, or private or
public institution or organization or firearms training school,
using instructors certified by the National Rifle Association,
Criminal Justice Standards and Training Commission, or the
Department of Agriculture and Consumer Services;
       4.âCompletion of any law enforcement firearms safety or
training course or class offered for security guards,
investigators, special deputies, or any division or subdivision
of a law enforcement agency or security enforcement;
       5.âPresents evidence of equivalent experience with a
firearm through participation in organized shooting competition
or military service in the United States Armed Forces;
       6.âIs licensed or has been licensed to carry a firearm in
this state or a county or municipality of this state, unless
such license has been revoked for cause; or
       7.âCompletion of any firearms training or safety course or
class conducted by a state-certified or National Rifle
Association certified firearms instructor;

A photocopy of a certificate of completion of any of the courses
or classes; an affidavit from the instructor, school, club,
organization, or group that conducted or taught such course or
class attesting to the completion of the course or class by the
applicant; or a copy of any document that shows completion of
the course or class or evidences participation in firearms
competition shall constitute evidence of qualification under
this paragraph. A person who conducts a course pursuant to
subparagraph 2., subparagraph 3., or subparagraph 7., or who, as
an instructor, attests to the completion of such courses, must
maintain records certifying that he or she observed the student
safely handle and discharge the firearm in his or her physical
presence and that the discharge of the firearm included live
fire using a firearm and ammunition as defined in s. 790.001;
       (i)âHas not been adjudicated an incapacitated person under
s. 744.331, or similar laws of any other state. An applicant who
has been granted relief from firearms disabilities pursuant to
s. 790.065(2)(a)4.d. or pursuant to the law of the state in
which the adjudication occurred is deemed not to have been
adjudicated an incapacitated person under this paragraph;
       (j)âHas not been committed to a mental institution under
chapter 394, or similar laws of any other state. An applicant
who has been granted relief from firearms disabilities pursuant
to s. 790.065(2)(a)4.d. or pursuant to the law of the state in
which the commitment occurred is deemed not to have been
committed in a mental institution under this paragraph;
       (k)âHas not had adjudication of guilt withheld or
imposition of sentence suspended on any felony unless 3 years
have elapsed since probation or any other conditions set by the
court have been fulfilled, or expunction has occurred;
       (l)âHas not had adjudication of guilt withheld or
imposition of sentence suspended on any misdemeanor crime of
domestic violence unless 3 years have elapsed since probation or
any other conditions set by the court have been fulfilled, or
the record has been expunged;
       (m)â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
       (n)âIs not prohibited from purchasing or possessing a
firearm by any other provision of Florida or federal law.
       (5)âThe applicant shall submit to the Department of
Agriculture and Consumer Services or an approved tax collector
pursuant to s. 790.0625:
       (b)âA nonrefundable license fee of up to $40 $55 if he or
she has not previously been issued a statewide license or of up
to $35 $45 for renewal of a statewide license. The cost of
processing fingerprints as required in paragraph (c) shall be
borne by the applicant. However, an individual holding an active
certification from the Criminal Justice Standards and Training
Commission as a law enforcement officer, correctional officer,
or correctional probation officer as defined in s. 943.10(1),
(2), (3), (6), (7), (8), or (9) is exempt from the licensing
requirements of this section. If such individual wishes to
receive a concealed weapon or firearm license, he or she is
exempt from the background investigation and all background
investigation fees but must pay the current license fees
regularly required to be paid by nonexempt applicants. Further,
a law enforcement officer, a correctional officer, or a
correctional probation officer as defined in s. 943.10(1), (2),
or (3) is exempt from the required fees and background
investigation for 1 year after his or her retirement.
       (c)âA full set of fingerprints of the applicant
administered by a law enforcement agency or the Division of
Licensing of the Department of Agriculture and Consumer Services
or an approved tax collector pursuant to s. 790.0625 together
with any personal identifying information required by federal
law to process fingerprints. Fingerprints must be retained by
the statewide automated biometric identification system under s.
943.05(2)(b) and by the federal fingerprint retention system
under s. 943.05(4) once the program is in effect. Charges for
fingerprint services under this paragraph are not subject to the
sales tax on fingerprint services imposed in s. 212.05(1)(i).
       (11)(a)âAt least 90 days before the expiration date of the
license, the Department of Agriculture and Consumer Services
shall provide mail to each licensee a written notice of the
expiration electronically or in writing and the appropriate a
renewal form prescribed by the department of Agriculture and
Consumer Services. The licensee must renew his or her license on
or before the expiration date by submitting to filing with the
department of Agriculture and Consumer Services the renewal form
containing an affidavit submitted under oath and under penalty
of perjury stating that the licensee remains qualified pursuant
to the criteria specified in subsections (2) and (3), a color
photograph as specified in paragraph (5)(e), a complete set of
fingerprints, and the required renewal fee. A renewing licensee
whose fingerprints are not currently retained in the statewide
automated biometric identification system under s. 943.05(2)(b)
must submit a full set of fingerprints administered by a law
enforcement agency or the Division of Licensing of the
Department of Agriculture and Consumer Services or an approved
tax collector pursuant to s. 790.0625, together with any
personal identifying information required by federal law Out-of
state residents must also submit a complete set of fingerprints
and fingerprint processing fee. The license shall be renewed
upon receipt of the completed renewal form, color photograph,
fingerprints, and appropriate payment of fees, and, if
applicable, fingerprints. Additionally, a licensee who fails to
file a renewal application on or before its expiration date must
renew his or her license by paying a late fee of $15. A license
may not be renewed 180 days or more after its expiration date,
and such a license is deemed to be permanently expired. A person
whose license has been permanently expired may reapply for
licensure; however, an application for licensure and fees under
subsection (5) must be submitted, and a background investigation
shall be conducted pursuant to this section. A person who
knowingly files false information under this subsection is
subject to criminal prosecution under s. 837.06.
       (b)1.âUpon each renewal, a licensee must provide proof of
completion of a firearms training or safety course or class at
least 8 hours in length taught by a state, county, or municipal
law enforcement agency or a nationally recognized organization
that promotes gun safety. Completion of the training, course, or
class must occur during the 6 months immediately before the
license expiration date and must include:
       a.âInformation on the statutory and case law of this state
relating to handguns and to the use of deadly force.
       b.âInformation on handgun use and safety.
       c.âInformation on the proper storage practices for handguns
with an emphasis on storage practices that reduce the
possibility of accidental injury to a child.
       d.âThe actual firing of the handgun with ammunition, as
defined in s. 790.001(19), by the licensee in the presence of
the instructor.
       2.âA photocopy of a certificate of completion with an
affidavit from the instructor who conducted or taught such
course or class attesting to the completion by the renewing
licensee and the length of the course or class shall constitute
evidence of qualification under this paragraph.

An instructor who conducts a course or class and attests to its
completion must maintain records certifying that all the
requirements for hours and training components in this paragraph
were met and that the instructor observed the licensee safely
handle and discharge the firearm in the instructorâs physical
presence and that the discharge of the firearm included live
fire using a handgun and ammunition as defined in s.
790.001(19).
       (c)(b)âA license issued to a servicemember, as defined in
s. 250.01, is subject to paragraph (a); however, such a license
does not expire while the servicemember is serving on military
orders that have taken him or her over 35 miles from his or her
residence and shall be extended, as provided in this paragraph,
for up to 180 days after his or her return to such residence. If
the license renewal requirements in paragraph (a) are met within
the 180-day extension period, the servicemember may not be
charged any additional costs, such as, but not limited to, late
fees or delinquency fees, above the normal license fees. The
servicemember must present to the Department of Agriculture and
Consumer Services a copy of his or her official military orders
or a written verification from the memberâs commanding officer
before the end of the 180-day period in order to qualify for the
extension.
       Section 2.âThis act shall take effect January 1, 2022.