Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. SB 646
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
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       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) A Any person who violates violating this 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 may shall not 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