Florida House Bill 517

8/7/2019 Florida House Bill 517

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CS/HB 517 2011

CODING: Words stricken are deletions; words underlined are additions.hb0517-01-c1

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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

A bill to be entitled1

An act relating to firearms; amending s. 790.06, F.S.;2

providing that a person in compliance with the terms of a3

concealed carry license may carry openly notwithstanding4

specified provisions; allowing the Division of Licensing5

of the Department of Agriculture and Consumer Services to6

take fingerprints from concealed carry license applicants;7

providing that a person may not openly carry a weapon or8

firearm or carry a concealed weapon or firearm into9

specified locations; providing that concealed carry10

licensees shall not be prohibited from carrying or storing11

a firearm in a vehicle for lawful purposes; providing that12

a provision limiting the scope of a license to carry a13

concealed weapon or firearm does not modify certain14

exceptions to prohibited acts with respect to a person's15

right to keep and bear arms in motor vehicles for certain16

purposes; repealing s. 790.28, F.S., relating to the17

purchase of rifles and shotguns in contiguous states;18

amending s. 790.065, F.S.; providing that specified19

provisions do not apply to certain firearms transactions20

by a resident of this state; providing an effective date.21

22

Be It Enacted by the Legislature of the State of Florida:23

24

Section 1. Subsection (1), paragraph (c) of subsection25

(5), and subsection (12) of section 790.06, Florida Statutes,26

are amended to read:27

790.06 License to carry concealed weapon or firearm.28


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(1) The Department of Agriculture and Consumer Services is29

authorized to issue licenses to carry concealed weapons or30

concealed firearms to persons qualified as provided in this31

section. Each such license must bear a color photograph of the32

licensee. For the purposes of this section, concealed weapons or33

concealed firearms are defined as a handgun, electronic weapon34

or device, tear gas gun, knife, or billie, but the term does not35

include a machine gun as defined in s. 790.001(9). Such licenses36

shall be valid throughout the state for a period of 7 years from37

the date of issuance. Any person in compliance with the terms of38such license may carry a concealed weapon or concealed firearm39

notwithstanding the provisions of s. 790.01 or may carry openly40

notwithstanding s. 790.053. The licensee must carry the license,41

together with valid identification, at all times in which the42

licensee is in actual possession of a concealed weapon or43

firearm and must display both the license and proper44

identification upon demand by a law enforcement officer. A45

violation Violations of the provisions of this subsection shall46

constitute a noncriminal violation with a penalty of $25,47

payable to the clerk of the court.48

(5) The applicant shall submit to the Department of49

Agriculture and Consumer Services:50

(c) A full set of fingerprints of the applicant51

administered by a law enforcement agency or the Division of52

Licensing of the Department of Agriculture and Consumer53

Services.54

(12)(a) A No license issued under pursuant to this section55

does not shall authorize any person to openly carry a weapon or56


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firearm or carry a concealed weapon or firearm into:57

1. Any place of nuisance as defined in s. 823.05;58

2. Any police, sheriff, or highway patrol station;59

3. Any detention facility, prison, or jail;60

4. Any courthouse;61

5. Any courtroom, except that nothing in this section62

would preclude a judge from carrying a concealed weapon or63

determining who will carry a concealed weapon in his or her64

courtroom;65

6. Any polling place;667. Any meeting of the governing body of a county, public67

school district, municipality, or special district;68

8. Any meeting of the Legislature or a committee thereof;69

9. Any school, college, or professional athletic event not70

related to firearms;71

10. Any elementary or secondary school facility or72

administration building;73

11. Any career center;74

12. Any portion of an establishment licensed to dispense75

alcoholic beverages for consumption on the premises, which76

portion of the establishment is primarily devoted to such77

purpose; any elementary or secondary school facility; any career78

center;79

13. Any college or university facility unless the licensee80

is a registered student, employee, or faculty member of such81

college or university and the weapon is a stun gun or nonlethal82

electric weapon or device designed solely for defensive purposes83

and the weapon does not fire a dart or projectile;84


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14. The inside of the passenger terminal and sterile area85

of any airport, provided that no person shall be prohibited from86

carrying any legal firearm into the terminal, which firearm is87

encased for shipment for purposes of checking such firearm as88

baggage to be lawfully transported on any aircraft; or89

15. Any place where the carrying of firearms is prohibited90

by federal law.91

(b) A person licensed under this section shall not be92

prohibited from carrying or storing a firearm in a vehicle for93

lawful purposes.94(c) This subsection does not modify the terms or95

conditions of s. 790.251(7).96

(d) Any person who knowingly and willfully violates any97

provision of this subsection commits a misdemeanor of the second98

degree, punishable as provided in s. 775.082 or s. 775.083.99

Section 2. Section 790.28, Florida Statutes, is repealed.100

Section 3. Subsection (1) of section 790.065, Florida101

Statutes, is amended to read:102

790.065 Sale and delivery of firearms.103

(1)(a) A licensed importer, licensed manufacturer, or104

licensed dealer may not sell or deliver from her or his105

inventory at her or his licensed premises any firearm to another106

person, other than a licensed importer, licensed manufacturer,107

licensed dealer, or licensed collector, until she or he has:108

1.(a) Obtained a completed form from the potential buyer109

or transferee, which form shall have been promulgated by the110

Department of Law Enforcement and provided by the licensed111

importer, licensed manufacturer, or licensed dealer, which shall112


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include the name, date of birth, gender, race, and social113

security number or other identification number of such potential114

buyer or transferee and has inspected proper identification115

including an identification containing a photograph of the116

potential buyer or transferee.117

2.(b) Collected a fee from the potential buyer for118

processing the criminal history check of the potential buyer.119

The fee shall be established by the Department of Law120

Enforcement and may not exceed $8 per transaction. The121

Department of Law Enforcement may reduce, or suspend collection122of, the fee to reflect payment received from the Federal123

Government applied to the cost of maintaining the criminal124

history check system established by this section as a means of125

facilitating or supplementing the National Instant Criminal126

Background Check System. The Department of Law Enforcement127

shall, by rule, establish procedures for the fees to be128

transmitted by the licensee to the Department of Law129

Enforcement. All such fees shall be deposited into the130

Department of Law Enforcement Operating Trust Fund, but shall be131

segregated from all other funds deposited into such trust fund132

and must be accounted for separately. Such segregated funds must133

not be used for any purpose other than the operation of the134

criminal history checks required by this section. The Department135

of Law Enforcement, each year prior to February 1, shall make a136

full accounting of all receipts and expenditures of such funds137

to the President of the Senate, the Speaker of the House of138

Representatives, the majority and minority leaders of each house139

of the Legislature, and the chairs of the appropriations140


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committees of each house of the Legislature. In the event that141

the cumulative amount of funds collected exceeds the cumulative142

amount of expenditures by more than $2.5 million, excess funds143

may be used for the purpose of purchasing soft body armor for144

law enforcement officers.145

3.(c) Requested, by means of a toll-free telephone call,146

the Department of Law Enforcement to conduct a check of the147

information as reported and reflected in the Florida Crime148

Information Center and National Crime Information Center systems149

as of the date of the request.1504.(d) Received a unique approval number for that inquiry151

from the Department of Law Enforcement, and recorded the date152

and such number on the consent form.153

(b) However, if the person purchasing, or receiving154

delivery of, the firearm is a holder of a valid concealed155

weapons or firearms license pursuant to the provisions of s.156

790.06 or holds an active certification from the Criminal157

Justice Standards and Training Commission as a "law enforcement158

officer," a "correctional officer," or a "correctional probation159

officer" as defined in s. 943.10(1), (2), (3), (6), (7), (8), or160

(9), the provisions of this subsection does do not apply.161

(c) This subsection does not apply to the purchase, trade,162

or transfer of a rifle or shotgun by a resident of this state163

when the resident makes such purchase, trade, or transfer from a164

licensed importer, licensed manufacturer, or licensed dealer in165

another state.166

Section 4. This act shall take effect upon becoming a law.167

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Florida House Bill 517