September 26, 2020
Print This PagePrint This Page

  *
Session:
Bill #:
Session:
Chamber: View Search Tips
Search Term:
Year: View Search Tips
Search Term:
       Florida Senate - 2010                                     SB 136
       
       
       
       By Senator Bullard
       
       
       
       
       39-00179-10                                            2010136__
    1                        A bill to be entitled                      
    2         An act relating to licensure to carry a concealed
    3         weapon or firearm; amending s. 790.06, F.S.; revising
    4         conditions precedent to the issuance of a license to
    5         carry a concealed weapon or firearm; revising
    6         conditions under which a license to carry a concealed
    7         weapon or firearm is suspended or revoked and the
    8         conditions under which an application for such license
    9         is denied or the processing thereof suspended;
   10         providing an effective date.
   11  
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Subsections (2), (3), (10), and (13) of section
   15  790.06, Florida Statutes, are amended to read:
   16         790.06 License to carry concealed weapon or firearm.—
   17         (2) The Department of Agriculture and Consumer Services
   18  shall issue a license if the applicant:
   19         (a) Is a resident of the United States and a citizen of the
   20  United States or a permanent resident alien of the United
   21  States, as determined by the United States Bureau of Citizenship
   22  and Immigration Services, or is a consular security official of
   23  a foreign government that maintains diplomatic relations and
   24  treaties of commerce, friendship, and navigation with the United
   25  States and is certified as such by the foreign government and by
   26  the appropriate embassy in this country;
   27         (b) Is 21 years of age or older;
   28         (c) Does not suffer from a physical infirmity which
   29  prevents the safe handling of a weapon or firearm;
   30         (d) Is not ineligible to possess a firearm pursuant to s.
   31  790.23 by virtue of having been convicted of a felony;
   32         (e) Has not been committed for the abuse of a controlled
   33  substance or been found guilty of a crime under the provisions
   34  of chapter 893 or similar laws of any other state relating to
   35  controlled substances within a 5-year 3-year period immediately
   36  preceding the date on which the application is submitted;
   37         (f) Does not chronically and habitually use alcoholic
   38  beverages or other substances to the extent that his or her
   39  normal faculties are impaired. It shall be presumed that an
   40  applicant chronically and habitually uses alcoholic beverages or
   41  other substances to the extent that his or her normal faculties
   42  are impaired if the applicant has been committed under chapter
   43  397 or under the provisions of former chapter 396 or has been
   44  convicted under s. 790.151 or has been deemed a habitual
   45  offender under s. 856.011(3), or has had two or more convictions
   46  under s. 316.193 or similar laws of any other state, within the
   47  5-year 3-year period immediately preceding the date on which the
   48  application is submitted;
   49         (g) Desires a legal means to carry a concealed weapon or
   50  firearm for lawful self-defense;
   51         (h) Demonstrates competence with a firearm by any one of
   52  the following:
   53         1. Completion of any hunter education or hunter safety
   54  course approved by the Fish and Wildlife Conservation Commission
   55  or a similar agency of another state;
   56         2. Completion of any National Rifle Association firearms
   57  safety or training course;
   58         3. Completion of any firearms safety or training course or
   59  class available to the general public offered by a law
   60  enforcement, junior college, college, or private or public
   61  institution or organization or firearms training school,
   62  utilizing instructors certified by the National Rifle
   63  Association, Criminal Justice Standards and Training Commission,
   64  or the Department of Agriculture and Consumer Services;
   65         4. Completion of any law enforcement firearms safety or
   66  training course or class offered for security guards,
   67  investigators, special deputies, or any division or subdivision
   68  of law enforcement or security enforcement;
   69         5. Presents evidence of equivalent experience with a
   70  firearm through participation in organized shooting competition
   71  or military service;
   72         6. Is licensed or has been licensed to carry a firearm in
   73  this state or a county or municipality of this state, unless the
   74  such license has been revoked for cause; or
   75         7. Completion of any firearms training or safety course or
   76  class conducted by a state-certified or National Rifle
   77  Association certified firearms instructor;
   78  
   79  A photocopy of a certificate of completion of any of the courses
   80  or classes; or an affidavit from the instructor, school, club,
   81  organization, or group that conducted or taught the said course
   82  or class attesting to the completion of the course or class by
   83  the applicant; or a copy of any document that which shows
   84  completion of the course or class or evidences participation in
   85  firearms competition constitutes shall constitute evidence of
   86  qualification under this paragraph; any person who conducts a
   87  course pursuant to subparagraph 2., subparagraph 3., or
   88  subparagraph 7., or who, as an instructor, attests to the
   89  completion of such courses, must maintain records certifying
   90  that he or she observed the student safely handle and discharge
   91  the firearm;
   92         (i) Has not been adjudicated an incapacitated person under
   93  s. 744.331, or similar laws of any other state, unless 5 years
   94  have elapsed since the applicant’s restoration to capacity by
   95  court order;
   96         (j) Has not been committed to a mental institution under
   97  chapter 394, or similar laws of any other state, unless the
   98  applicant produces a certificate from a licensed psychiatrist
   99  that he or she has not suffered from disability for at least 5
  100  years prior to the date of submission of the application;
  101         (k) Has not had adjudication of guilt withheld or
  102  imposition of sentence suspended on any felony or misdemeanor
  103  crime of domestic violence unless 5 3 years have elapsed since
  104  probation or any other conditions set by the court have been
  105  fulfilled, or the record has been sealed or expunged;
  106         (l) Has not been issued an injunction that is currently in
  107  force and effect and that restrains the applicant from
  108  committing acts of domestic violence or acts of repeat violence;
  109  and
  110         (m) Is not prohibited from purchasing or possessing a
  111  firearm by any other provision of Florida or federal law.
  112         (3) The Department of Agriculture and Consumer Services
  113  shall deny a license if the applicant has been found guilty of,
  114  had adjudication of guilt withheld for, or had imposition of
  115  sentence suspended for one or more crimes of violence
  116  constituting a misdemeanor, unless 5 3 years have elapsed since
  117  probation or any other conditions set by the court have been
  118  fulfilled or the record has been sealed or expunged. The
  119  Department of Agriculture and Consumer Services shall revoke a
  120  license if the licensee has been found guilty of, had
  121  adjudication of guilt withheld for, or had imposition of
  122  sentence suspended for one or more crimes of violence within the
  123  preceding 5 3 years. The department shall, upon notification by
  124  a law enforcement agency, a court, or the Florida Department of
  125  Law Enforcement and subsequent written verification, suspend a
  126  license or the processing of an application for a license if the
  127  licensee or applicant is arrested or formally charged with a
  128  crime that would disqualify the such person from having a
  129  license under this section, until final disposition of the case
  130  resulting in the charges being dismissed or nolle prossed by the
  131  state attorney’s office, the Office of Statewide Prosecution, or
  132  a court of competent jurisdiction. The department shall suspend
  133  a license or the processing of an application for a license if
  134  the licensee or applicant is issued an injunction that restrains
  135  the licensee or applicant from committing acts of domestic
  136  violence or acts of repeat violence.
  137         (10) A license issued under this section shall be suspended
  138  or revoked pursuant to chapter 120 if the licensee:
  139         (a) Is found to be ineligible under the criteria set forth
  140  in subsection (2);
  141         (b) Develops or sustains a physical infirmity which
  142  prevents the safe handling of a weapon or firearm;
  143         (c) Is convicted of a felony which would make the licensee
  144  ineligible to possess a firearm pursuant to s. 790.23;
  145         (d) Is found guilty of a crime under the provisions of
  146  chapter 893, or similar laws of any other state, relating to
  147  controlled substances;
  148         (e) Is committed as a substance abuser under chapter 397,
  149  or is deemed a habitual offender under s. 856.011(3), or similar
  150  laws of any other state;
  151         (f) Is convicted of a second violation of s. 316.193, or a
  152  similar law of another state, within 5 3 years after of a
  153  previous conviction of such section, or similar law of another
  154  state, even though the first violation may have occurred prior
  155  to the date on which the application was submitted;
  156         (g) Is adjudicated an incapacitated person under s.
  157  744.331, or similar laws of any other state; or
  158         (h) Is committed to a mental institution under chapter 394,
  159  or similar laws of any other state.
  160         (13) All moneys collected by the department pursuant to
  161  this section shall be deposited in the Division of Licensing
  162  Trust Fund, and the Legislature shall appropriate from the fund
  163  those amounts deemed necessary to administer the provisions of
  164  this section. All revenues collected, less those costs
  165  determined by the Department of Agriculture and Consumer
  166  Services to be nonrecurring or one-time costs, shall be deferred
  167  over the 7-year licensure period. Notwithstanding the provisions
  168  of s. 493.6117, all moneys collected under pursuant to this
  169  section do shall not revert to the General Revenue Fund;
  170  however, this does shall not abrogate the requirement for
  171  payment of the service charge imposed pursuant to chapter 215.
  172         Section 2. This act shall take effect July 1, 2010.

Site Map
Session:   Bills ·   Calendars ·   Bound Journals ·   Citator ·   Search ·   Appropriations ·   Redistricting ·   Bill Information Reports
Committee Publications
Historical Information
Statutes:   Introduction ·   View Statutes ·   Search Statutes
Flsenate.gov
Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes.    Copyright © 2000-2020 State of Florida.     Privacy Statement     Contact Us     Get Acrobat Reader