Current through End of 1994 Sp. 'D' Sess.

 790.06. License to carry concealed weapon or firearm

  (1) The Department of State 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
 3 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 or an actual
 copy thereof, 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) The Department of State shall issue a license if the applicant:
  (a) Is a resident of the United States 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) Is 21 years of age or older;
  (c) Does not suffer from a physical infirmity which prevents the safe handling
 of a weapon or firearm;
  (d) Is not ineligible to possess a firearm pursuant to s. 790.23 by virtue of
 having been convicted of a felony;
  (e) Has not been committed for the abuse of a controlled substance or been
 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;
  (f) Does not chronically and habitually use alcoholic beverages or other
 substances to the extent that his 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 normal faculties are impaired if the
 applicant has been committed under chapter 397 or under the provisions of
 former chapter 396 or 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) Desires a legal means to carry a concealed weapon or firearm for lawful
 self-defense;
  (h) Demonstrates competence with a firearm by any one of the following:
  1. Completion of any hunter education or hunter safety course approved by the
 Game and Fresh Water Fish Commission or a similar agency of another state;
  2. Completion of any National Rifle Association firearms safety or training
 course;
  3. Completion of any firearms safety or training course or class available to
 the general public offered by a law enforcement, junior college, college, or
 private or public institution or organization or firearms training school,
 utilizing instructors certified by the National Rifle Association, Criminal
 Justice Standards and Training Commission, or the Department of State;
  4. 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 law enforcement or security enforcement;
  5. Presents evidence of equivalent experience with a firearm through
 participation in organized shooting competition or military service;
  6. 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. 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;
 or an affidavit from the instructor, school, club, organization, or group that
 conducted or taught said course or class attesting to the completion of the
 course or class by the applicant;  or a copy of any document which shows
 completion of the course or class or evidences participation in firearms
 competition shall constitute evidence of qualification under this paragraph;
  (i) Has not been adjudicated an incapacitated person under s. 744.331, or has
 waited 5 years from the date of his restoration to capacity by court order
 under s. 744.464;
  (j) Has not been committed to a mental institution under chapter 394, unless
 he possesses a certificate from a psychiatrist licensed in this state that he
 has not suffered from disability for a period of 5 years;  and
  (k) 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.

 CR01
  (3) The Department of State may deny a license if the applicant has been found
 guilty of 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 expunction has occurred, prior to the date on which the
 application is submitted or may revoke a license if the licensee has been found
 guilty of one or more crimes of violence within the preceding 3 years.  The

 department shall, upon notification by a law enforcement agency, a court, or
 the Florida Department of Law Enforcement 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 which would
 disqualify such person from having a license under this section, until final
 disposition of the case.
  (4) The application shall be completed, under oath, on a form promulgated by
 the Department of State and shall include:
  (a) The name, address, place and date of birth, race, and occupation of the
 applicant;
  (b) A statement that the applicant is in compliance with criteria contained
 within subsections (2) and (3);
  (c) A statement that the applicant has been furnished a copy of this chapter
 and is knowledgeable of its provisions;
  (d) A conspicuous warning that the application is executed under oath and that
 a false answer to any question, or the submission of any false document by the
 applicant, subjects the applicant to criminal prosecution under s. 837.06;  and
  (e) A statement that the applicant desires a concealed weapon or firearms
 license as a means of lawful self-defense.
  (5) The applicant shall submit to the Department of State:
  (a) A completed application as described in subsection (4).
  (b) A nonrefundable license fee not to exceed $125, if he has not previously
 been issued a statewide license, or a nonrefundable license fee not to exceed
 $100 for renewal of a statewide license.  Costs for processing the set of
 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 any individual holding an active
 certification from the Criminal Justice Standards and Training Commission as a
 "law enforcement officer," a "correctional officer," or a "correctional
 probation officer" as defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9)
 wishes to receive a concealed weapons or firearms license, such person is
 exempt from the background investigation and all background investigation fees,
 but shall 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 a
 period of 1 year subsequent to the date of retirement of said officer as a law
 enforcement officer, a correctional officer, or a correctional probation
 officer.
  (c) A full set of fingerprints of the applicant administered by a law
 enforcement agency.
  (d) A photocopy of a certificate or an affidavit or document as described in
 paragraph (2)(h).
  (e) A full frontal view color photograph of the applicant taken within the
 preceding 30 days, in which the head, including hair, measures 7/8 of an inch
 wide and 1 1/8 inches high.

 CR02
  (6)(a) The Department of State, upon receipt of the items listed in
 subsection (5), shall forward the full set of fingerprints of the applicant to
 the Department of Law Enforcement for state and federal processing, provided
 the federal service is available, to be processed for any criminal justice
 information as defined in s. 943.045, and forward a copy of the application
 and $20 of the original license fee or $10 of the renewal license fee to the
 sheriff of the applicant's county of residence.  The cost of processing such
 fingerprints shall be payable to the Department of Law Enforcement by the
 Department of State.

 CR03
  (b) The sheriff of the applicant's county of residence may, at his discretion,
 participate in the process by submitting a voluntary report to the Department
 of State containing any readily discoverable prior information that he feels
 may be pertinent to the licensing of any applicant.  Any such voluntary
 reporting shall be made within 45 days after the date he receives the copy of
 the application.  If the sheriff chooses, he may notify the department in
 writing that he does not wish to receive copies of the application and the fee
 described in paragraph (a).
  (c) The sheriff's office shall provide fingerprinting service at no charge to
 the applicant if requested by the applicant to do so.
  (d) The Department of State shall, within 90 days after the date of receipt of
 the items listed in subsection (5):
  1. Issue the license;  or
  2. Deny the application based solely on the ground that the applicant fails to
 qualify under the criteria listed in subsection (2) or subsection (3).  If the
 Department of State denies the application, it shall notify the applicant in
 writing, stating the ground for denial and informing the applicant of any right
 to a hearing pursuant to chapter 120.
  (e) In the event a legible set of fingerprints, as determined by the
 Department of State or the Federal Bureau of Investigation, cannot be obtained
 after two attempts, the Department of State shall determine eligibility based
 upon the name checks conducted by the Florida Department of Law Enforcement.

 CR04
  (f) 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 must be issued a license within 20 days
 after the date of the receipt of a completed application, certification
 document, and a nonrefundable license fee of $300.  Consular security official
 licenses shall be valid for 1 year and may be renewed upon completion of the
 application process as provided in this section.
  (7) The Department of State shall maintain an automated listing of
 licenseholders and pertinent information, and such information shall be
 available on-line, upon request, at all times to all law enforcement agencies
 through the Florida Crime Information Center.

  (8) Within 30 days after the changing of a permanent address, or within 30
 days after having a license lost or destroyed, the licensee shall notify the
 Department of State of such change.  Failure to notify the Department of State
 pursuant to the provisions of this subsection shall constitute a noncriminal
 violation with a penalty of $25.
  (9) In the event that a concealed weapon or firearm license is lost or
 destroyed, the license shall be automatically invalid, and the person to whom
 the same was issued may, upon payment of $15 to the Department of State, obtain
 a duplicate, or substitute thereof, upon furnishing a notarized statement to
 the Department of State that such license has been lost or destroyed.
  (10) A license issued under this section shall be suspended or revoked
 pursuant to chapter 120 if the licensee:
  (a) Becomes ineligible under the criteria set forth in subsection (2);
  (b) Develops or sustains a physical infirmity which prevents the safe handling
 of a weapon or firearm;
  (c) Is convicted of a felony which would make the licensee ineligible to
 possess a firearm pursuant to s. 790.23;
  (d) Is found guilty of a crime under the provisions of chapter 893, or similar
 laws of any other state, relating to controlled substances;
  (e) Is committed as a substance abuser under chapter 397, or is deemed a
 habitual offender under s. 856.011(3);
  (f) Is convicted of a second violation of s. 316.193, or a similar law of
 another state, within 3 years of a previous conviction of such section, or
 similar law of another state, even though the first violation may have occurred
 prior to the date on which the application was submitted;
  (g) Is adjudicated an incapacitated person under s. 744.331;  or
  (h) Is committed to a mental institution under chapter 394.

 CR05
  (11) No less than 90 days prior to the expiration date of the license, the
 Department of State shall mail to each licensee a written notice of the
 expiration and a renewal form prescribed by the Department of State.  The
 licensee must renew his license on or before the expiration date by filing with
 the Department of State the renewal form, a notarized affidavit stating that
 the licensee remains qualified pursuant to the criteria specified in
 subsections (2) and (3), a completed fingerprint card, and the required renewal
 fee and fingerprint processing fee.  The license shall be renewed upon receipt
 of the completed renewal application, fingerprint card, and appropriate payment
 of fees.  Additionally, a licensee who fails to file a renewal application on
 or before its expiration date must renew his license by paying a late fee of
 $15.  No license shall be renewed 6 months or more after its expiration date,
 and such license shall be deemed to be permanently expired.  A person whose
 license has been permanently expired may reapply for licensure;  however, an
 application for licensure and fees pursuant to subsection (5) must be
 submitted, and a background investigation shall be conducted pursuant to the
 provisions of this section.  Persons who knowingly file false information
 pursuant to this subsection shall be subject to criminal prosecution under s.
 837.06.
  (12) No license issued pursuant to this section shall authorize any person to

 carry a concealed weapon or firearm into any place of nuisance as defined in s.
 823.05;  any police, sheriff, or highway patrol station;  any detention
 facility, prison, or jail;  any courthouse;  any courtroom, except that nothing
 in this section would preclude a judge from carrying a concealed weapon or
 determining who will carry a concealed weapon in his courtroom;  any polling
 place;  any meeting of the governing body of a county, public school district,
 municipality, or special district;  any meeting of the Legislature or a
 committee thereof;  any school, college, or professional athletic event not
 related to firearms;  any school administration building;  any portion of an
 establishment licensed to dispense alcoholic beverages for consumption on the
 premises, which portion of the establishment is primarily devoted to such
 purpose;  any elementary or secondary school facility;  any area vocational-
 technical center;  any college or university facility unless the licensee is a
 registered student, employee, or faculty member of such college or university
 and the weapon is a stun gun or nonlethal electric weapon or device designed
 solely for defensive purposes and the weapon does not fire a dart or
 projectile;  inside the passenger terminal and sterile area of any airport,
 provided that no person shall be prohibited from carrying any legal firearm
 into the terminal, which firearm is encased for shipment for purposes of
 checking such firearm as baggage to be lawfully transported on any aircraft;
 or any place where the carrying of firearms is prohibited by federal law.  Any
 person who willfully violates any provision of this subsection commits a
 misdemeanor of the second degree, punishable as provided in s. 775.082 or s.
 775.083.
  (13) All moneys collected pursuant to this section shall be deposited in the
 Division of Licensing Trust Fund, and the Legislature shall appropriate from
 the fund those amounts deemed necessary to administer the provisions of this
 section.  The Department of State shall be authorized to expend revenues
 collected from this section for startup and first year costs required to
 implement and administer the provisions of this section.  Any balance at the
 end of the first year of operation shall be deferred equally over the 2
 remaining years of the licensure period.  Thereafter, all revenues collected,
 less those costs determined by the Department of State to be nonrecurring or
 one-time costs, shall be deferred over the 3-year licensure period.
 Notwithstanding the provisions of s. 493.6117, all moneys collected pursuant to
 this section shall not revert to the General Revenue Fund;  however, this shall
 not abrogate the requirement for payment of the service charge imposed pursuant
 to chapter 215.
  (14) All funds received by the sheriff pursuant to the provisions of this
 section shall be deposited into the general revenue fund of the county and
 shall be budgeted to the sheriff.
  (15) The Legislature finds as a matter of public policy and fact that it is
 necessary to provide statewide uniform standards for issuing licenses to carry
 concealed weapons and firearms for self-defense and finds it necessary to
 occupy the field of regulation of the bearing of concealed weapons or firearms
 for self-defense to ensure that no honest, law-abiding person who qualifies
 under the provisions of this section is subjectively or arbitrarily denied his
 rights.  The Department of State shall implement and administer the provisions
 of this section.  The Legislature does not delegate to the Department of State

 the authority to regulate or restrict the issuing of licenses provided for in
 this section, beyond those provisions contained in this section.  Subjective or
 arbitrary actions or rules which encumber the issuing process by placing
 burdens on the applicant beyond those sworn statements and specified documents
 detailed in this section or which create restrictions beyond those specified in
 this section are in conflict with the intent of this section and are
 prohibited.  This section shall be liberally construed to carry out the
 constitutional right to bear arms for self-defense.  This section is
 supplemental and additional to existing rights to bear arms, and nothing in
 this section shall impair or diminish such rights.
  (16) By March 1 of each year, the Department of State shall submit a
 statistical report to the Governor, the President of the Senate, the Senate
 Republican Leader, the Speaker of the House of Representatives, and the House
 Minority Leader indicating the number of licenses issued, revoked, suspended,
 and denied.
  (17) As amended by chapter 87-24, Laws of Florida this section shall be
 known and may be cited as the "Jack Hagler Self Defense Act."