Florida Senate - 2017 COMMITTEE AMENDMENT Bill No. SB 646 Ì1123866Î112386 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Judiciary (Steube) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 47 - 127 4 and insert: 5 (3) AAnyperson who violatesviolatingthis section: 6 (a)°For a first violation, commits a noncriminal violation 7 with a penalty of $25, payable to the clerk of the court. 8 (b) For a second violation, commits a noncriminal violation 9 with a penalty of $500, payable to the clerk of court. 10 (c) For a third or subsequent violation, commits a 11 misdemeanor of the second degree, punishable as provided in s. 12 775.082 or s. 775.083. 13 Section 2. Subsections (1) and (12) of section 790.06, 14 Florida Statutes, are amended to read: 15 790.06 License to carry concealed weapon or firearm.— 16 (1) The Department of Agriculture and Consumer Services is 17 authorized to issue licenses to carry concealed weapons or 18 concealed firearms to persons qualified as provided in this 19 section. Each such license must bear a color photograph of the 20 licensee. For the purposes of this section, concealed weapons or 21 concealed firearms are defined as a handgun, electronic weapon 22 or device, tear gas gun, knife, or billie, but the term does not 23 include a machine gun as defined in s. 790.001(9). Such licenses 24 shall be valid throughout the state for a period of 7 years from 25 the date of issuance. Any person in compliance with the terms of 26 such license may carry a concealed weapon or concealed firearm 27 notwithstanding the provisions of s. 790.01. The licensee must 28 carry the license, together with valid identification, at all 29 times in which the licensee is in actual possession of a 30 concealed weapon or firearm and must display both the license 31 and proper identification upon demand by a law enforcement 32 officer. A person licensed to carry a concealed firearm under 33 this section who is lawfully carrying a firearm in a concealed 34 manner and whose firearm is briefly or inadvertently displayed 35 to the ordinary sight of another person does not violate s. 36 790.053 and may not be arrested or charged with a crime. 37 Violations of the provisions of this subsection shall constitute 38 a noncriminal violation with a penalty of $25, payable to the 39 clerk of the court. Notwithstanding any other provision of this 40 section, an elected constitutional officer identified in Art. 41 III or Art. IV of the State Constitution who is licensed to 42 carry a concealed weapon or firearm and who does not have full 43 time security provided by the Department of Law Enforcement may 44 carry a concealed weapon or firearm anywhere they are not 45 prohibited by federal law. 46 (12)(a) A license issued under this section does not 47 authorize any person to openly carry a handgun or carry a 48 concealed weapon or firearm into: 49 1. Any place of nuisance as defined in s. 823.05; 50 2. Any police, sheriff, or highway patrol station; 51 3. Any detention facility, prison, or jail; 52 4. Any courthouse; 53 5. Any courtroom, except that nothing in this section would 54 preclude a judge from carrying a concealed weapon or determining 55 who will carry a concealed weapon in his or her courtroom; 56 6. Any polling place; 57 7. Any meeting of the governing body of a county, public 58 school district, municipality, or special district; 59 8. Any meeting of the Legislature or a committee thereof; 60 9. Any school, college, or professional athletic event not 61 related to firearms; 62 10. Any elementary or secondary school facility or 63 administration building; 64 11. Any career center; 65 12. Any portion of an establishment licensed to dispense 66 alcoholic beverages for consumption on the premises, which 67 portion of the establishment is primarily devoted to such 68 purpose; 69 13. Any college or university facility unless the licensee 70 is a registered student, employee, or faculty member of such 71 college or university and the weapon is a stun gun or nonlethal 72 electric weapon or device designed solely for defensive purposes 73 and the weapon does not fire a dart or projectile; 74 14. The inside of the passenger terminal and sterile area 75 of any airport, provided that no person shall be prohibited from 76 carrying any legal firearm into the terminal, which firearm is 77 encased for shipment for purposes of checking such firearm as 78 baggage to be lawfully transported on any aircraft; or 79 15. Any place where the carrying of firearms is prohibited 80 by federal law. 81 (b) A person licensed under this section mayshallnot be 82 prohibited from carrying or storing a firearm in a vehicle for 83 lawful purposes. 84 (c) This section does not modify the terms or conditions of 85 s. 790.251(7). 86 (d) Any person who knowingly and willfully violates any 87 provision of this subsection: 88 1. For a first violation, commits a noncriminal violation 89 with a penalty of $25, payable to the clerk of the court. 90 2. For a second violation, committs a noncriminal violation 91 with a penalty of $500, payable to the clerk of court. 92 3. For a third or subsequent violation, commits a 93 misdemeanor of the second degree, punishable as provided in s. 94 775.082 or s. 775.083. 95 ================= T I T L E A M E N D M E N T ================ 96 And the title is amended as follows: 97 Delete lines 5 - 17 98 and insert: 99 or firearm; revising the penalty for a violation of 100 specified provisions relating to openly carrying 101 weapons; making a fine payable to the clerk of the 102 court; amending s. 790.06, F.S.; providing that a 103 person licensed to carry a concealed weapon or firearm 104 who is lawfully carrying a firearm does not violate 105 certain provisions if the firearm is briefly or 106 inadvertently displayed; authorizing certain elected 107 constitutional officers to carry a concealed weapon or 108 firearm if he or she is licensed to carry a concealed 109 weapon or firearm and does not have full-time security 110 provided by the Department of Law Enforcement; 111 revising the penalty for a violation of specified