The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Fiscal Policy
BILL: CS/SB 150
INTRODUCER: Fiscal Policy Committee and Senator Collins and others
SUBJECT: Public Safety
DATE: March 10, 2023 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Cellon Stokes CJ Favorable
2. Cellon Yeatman FP Fav/CS
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 150 addresses public safety in two ways. First, the bill provides that persons who wish to
carry a concealed weapon or concealed firearm, without obtaining and maintaining a concealed
weapon or concealed firearm license from the Department of Agriculture and Consumer Services
(DACS) may lawfully do so, if they meet certain criteria. Second, the bill amends various
sections of law relating to school safety and creates the Florida Safe Schools Canine Program.
Firearms and Concealed Carry
The bill substantially amends s. 790.01, F.S., to provide that a person is authorized to carry a
concealed weapon or concealed firearm if he or she is licensed, or is not licensed but otherwise
satisfies the criteria for receiving and maintaining such a license under s. 790.06(2)(a)-(f) and (i)-
(n), (3), and (10), F.S.
The bill further amends s. 790.01, F.S., by inserting subsection (4) to provide that in any
prosecution for a violation of s. 790.01(2) or (3), F.S., the state bears the burden of proving, as an
element of the offense, both that a person is not licensed under s. 790.06, F.S., and that he or she
is ineligible to receive and maintain such a license under the criteria listed in s. 790.06(2)(a)-(f)
and (i)-(n), (3) and (10), F.S.
Terminology is modified throughout the bill to use the word authorized for both licensed and
unlicensed concealed weapon or concealed firearm carriers.
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The bill creates s. 790.013, F.S., to provide that a person who is authorized to carry a concealed
weapon or concealed firearm without a license is required to carry valid identification when in
actual possession of a concealed weapon or concealed firearm. Such person must display his or
her identification upon demand by a law enforcement officer. Additionally, the bill amends
s. 790.06, F.S., to remove the requirement for a licensed carrier to carry his or her license to
carry a concealed weapon or concealed firearm. Under the bill, the requirements for the carrying
and display of identification are the same for licensed and authorized carriers. A violation of
these provisions is a noncriminal violation, punishable by a $25 fine.
Additionally, s. 790.013, F.S., provides that a person who is authorized to carry a concealed
weapon or concealed firearm without a license is subject to s. 790.06(12), F.S., in the same
manner as a person who is licensed to carry a concealed weapon or concealed firearm.
Section 790.06(12), F.S., provides that a concealed weapon or concealed firearm license does not
authorize a person to carry a weapon or firearm in a concealed manner into specified locations.
The bill amends s. 790.053, F.S., the prohibition against openly carrying a firearm, to provide
that it is not a violation for a person who is authorized to carry and a person who is licensed to
carry a concealed weapon or concealed firearm, to briefly and openly display the firearm to the
ordinary sight of another person, unless the firearm is intentionally displayed in an angry or
threatening manner, not in necessary self-defense.
The bill amends s. 790.115(2), F.S., to provide the same penalty for a person who is authorized
to carry and a person who is licensed to carry a concealed weapon or concealed firearm, when
such person willfully and knowingly possesses a weapon or firearm at a school-sponsored event
or on the property of any school, school bus, or school bus stop. The penalty for such violation is
a second degree misdemeanor.
Additionally, the bill amends s. 790.015, F.S., to expand existing reciprocity in two ways. It
allows a nonresident, who does not have a concealed weapon or firearm license issued by his or
her state, to carry concealed in Florida if he or she satisfies specified criteria in s. 790.06, F.S.
Secondly, the bill deletes the provision that limits recognition of other states’ concealed weapon
or concealed firearm licenses to states that honor Florida-issued licenses.
The bill amends s. 790.25, F.S., to clarify that a person may carry a concealed weapon or firearm
on his or her person while in a private conveyance if he or she is authorized to carry a concealed
weapon or concealed firearm under s. 790.01(1), F.S.
The bill repeals s. 790.145, F.S., which prohibits any person who is in possession of a concealed
firearm or a destructive device within the premises of a pharmacy.
The bill makes numerous technical and conforming changes to existing statutes relating to
carrying a concealed weapon or concealed firearm.
BILL: CS/SB 150 Page 3
School Safety
Guardians
CS/SB 150 amends s. 1002.42, F.S., to provide that a private school may partner with a law
enforcement agency or a security agency to establish or assign one or more safe-school officers.
The private school that establishes a safe-school officer must comply with the requirements of
s. 1006.12, F.S.
The bill amends s. 30.15, F.S., to add private schools to the entities that may request the sheriff
in the school’s county to establish a guardian program for the purpose of training the private
school employees. Currently, only public and charter schools may establish guardian programs.
The training required for the guardian program is a standardized statewide curriculum. A school
guardian who has completed the required training program may not be required to attend another
sheriff’s training program unless there has been at least a one year break in his or her
employment as a guardian.
The bill further amends s. 30.15, F.S., to increase the hours of instruction on active shooter or
assailant scenarios to sixteen, rather than eight. Additionally, the number of hours of instruction
on legal issues is decreased from twelve, to four.
A person who is certified may serve as a school guardian for a private school only if he or she is
appointed by the private school head of school.
Active Assailant Response Policy
The bill creates s. 943.6873, F.S., to direct each law enforcement agency to create and maintain
an active assailant response policy.
The Florida Department of Law Enforcement (FDLE) must make the model active assailant
response policy developed by the Marjory Stoneman Douglas High School Public Safety
Commission available on its website. The FDLE may make available any other policies deemed
appropriate.
Each agency must review the model policy and develop a written active assailant response policy
that is consistent with the agency’s response capabilities and includes response procedures
specifying the command protocol and coordination with other law enforcement agencies.
All sworn personnel of each agency must be trained on the agency’s existing active assailant
response policy, or must be trained within 180 days after enacting a new or revised policy.
Sworn personnel must receive at minimum annual training on the policy.
Office of Safe Schools
The bill amends s. 1001.212, F.S., relating to the Office of Safe Schools (OSS). The bill provides
that the OSS must develop a statewide behavioral threat management operational process, a
Florida-specific behavioral threat assessment instrument, and a threat management portal.
BILL: CS/SB 150 Page 4
The bill amends s. 1003.25, F.S., to specify that records including corresponding documentation
and any other information required by the Florida-specific behavioral threat assessment
instrument which contains the evaluation, intervention, and management of the threat assessment
evaluation and intervention services, must be transferred within 3 school days if a student
transfers from school to school.
The bill amends s. 1006.07, F.S., that all threat management teams must use the statewide
behavioral threat management operational process upon its availability.
Additionally, the bill specifies that at least one member of the threat management team must be
personally familiar with the individual who is the subject of the threat assessment. If no member
of the team has such familiarity, an instructional or administrative personnel who is personally
familiar with the individual who is the subject of the threat assessment must consult with the
threat management team but not be a participant in the decision-making process.
The Florida-specific behavioral threat assessment must be used by the threat management team
when evaluating the behavior of students. The threat management team must prepare a threat
assessment report.
The bill amends s. 1006.13, F.S., to specify that each district school board must adopt a policy of
zero tolerance that, in part, identifies acts that are required to be reported under the school
environmental safety incident reporting pursuant to s. 1006.07(9), F.S.
Florida Safe Schools Canine Program
The bill creates s. 1006.121, F.S., to direct the Department of Education (DOE), through the
OSS, to establish the Florida Safe Schools Canine Program. This program may designate a
person, school, or business entity as a Florida Safe Schools Canine Partner if the person, school,
or business entity provides a monetary or in kind donation to a law enforcement agency to
purchase, train, or care for a firearm detection canine.
The bill provides for funds to be appropriated from the General Revenue Fund to multiple
agencies. Additionally, the bill has an indeterminate fiscal impact on the DACS and the Florida
Department of Law Enforcement (FDLE). See Fiscal Impact Statement, Section V.
The bill becomes effective July 1, 2023, except as otherwise expressly provided in the act.
II. Present Situation:
Concealed Weapon and Concealed Firearm Licensure
Section 790.01, F.S., prohibits a person who is not licensed by the DACS from carrying a
concealed weapon1 or firearm2 on or about his or her person. There is a limited exception for a
person who is in the act of evacuating pursuant to a mandatory evacuation order.
1
Unlicensed carrying a concealed weapon or electric weapon or device is a first degree misdemeanor punishable by up to 1
year in jail and a $1,000 fine. Sections 775.082 and 775.083, F.S.
2
Unlicensed carrying a concealed firearm is a third degree felony punishable by up to 5 years’ imprisonment and a $5,000
fine. Sections 775.082 and 775.083, F.S.
BILL: CS/SB 150 Page 5
The DACS is statutorily authorized to issue concealed weapon and concealed firearm licenses to
applicants who qualify.3 For purposes of the concealed carry licensure law, concealed weapons
or concealed firearms are defined as a handgun, electronic weapon or device, tear gas gun, knife,
or billie but not a machine gun.4
To obtain a concealed weapon or concealed firearm license, a person must complete, under oath,
an application that includes:
 The name, address, place and date of birth, race, and occupation of the applicant;
 A full frontal view color photograph of the applicant which must be taken within the
preceding 30 days;
 A statement that the applicant has been furnished with a copy of ch. 790, F.S., relating to
weapon and firearms and is knowledgeable of its provisions;
 A warning that the application is executed under oath with penalties for falsifying or
substituting false documents;
 A statement that the applicant desires a concealed weapon or firearm license as a means of
lawful self-defense;
 A full set of fingerprints;
 Documented proof of completion of a firearm safety and training course; and
 A nonrefundable license fee.5
Additionally, the applicant must attest that he or she is in compliance with the criteria contained
in subsections (2) and (3) of s. 790.06, F.S.
Subsection (2) of s. 790.06, F.S., requires the DACS to issue the license to carry a concealed
weapon or concealed firearm if all other requirements are met and the applicant:
 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;6
 Is 21 years of age or older;7
 Does not suffer from a physical infirmity which prevents the safe handling of a weapon or
firearm;
 Is not ineligible to possess a firearm pursuant to s. 790.23, F.S., by virtue of having been
convicted of a felony;
 Has not been committed for the abuse of a controlled substance or been found guilty of a
crime under the provisions of ch. 893, F.S., 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;
3
Section 790.06(1), F.S.
4
Id.
5
Section 790.06(1)-(5), F.S.
6
Such consular security official must maintain 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.
7
Pursuant to s. 790.062, F.S., the DACS must issue a license to carry a concealed weapon or concealed firearm to a
servicemember or veteran who does not meet the 21 years of age threshold if he or she is otherwise qualified.
BILL: CS/SB 150 Page 6
 Does not chronically and habitually use alcoholic beverages or other substances to the extent
that his or her normal faculties are impaired;8
 Has not been adjudicated an incapacitated person under s. 744.331, F.S., or similar laws of
any other state, unless 5 years have elapsed since the applicant’s restoration to capacity by
court order;
 Has not been committed to a mental institution under ch. 394, F.S., or similar laws of any
other state, unless the applicant produces a certificate from a licensed psychiatrist that he or
she has not suffered from disability for at least 5 years prior to the date of submission of the
application;
 Has not had adjudication of guilt withheld or imposition of sentence suspended on any felony
or 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 sealed or
expunged;
 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
 Is not prohibited from purchasing or possessing a firearm by any other provision of Florida
or federal law.9
Pursuant to s. 790.06(3), F.S., the DACS must deny the application if the applicant has been
found guilty of, had adjudication of guilt withheld for, or had imposition of sentence suspended
for one or more crimes of violence constituting a misdemeanor, unless 3 years have elapsed since
probation or any other conditions set by the court have been fulfilled or the record has been
sealed or expunged.10
The DACS must:
 Revoke a license if the licensee has been found guilty of, had adjudication of guilt withheld
for, or had imposition of sentence suspended for one or more crimes of violence within the
preceding 3 years.11
 Upon notification by a law enforcement agency, a court, or the FDLE and subsequent written
verification, suspend a license or the processing of an application for a license if the licensee
or applicant is arrested or formally charged with a crime that would disqualify such person
from having a license under this section, until final disposition of the case.12
 Suspend a license or the processing of an application for a license if the licensee or applicant<