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Thread: Florida Senate - 2011 CS for SB 234

  1. #1
    Regular Member crashnjax's Avatar
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    Lightbulb Florida Senate - 2011 CS for SB 234

    In case any one wanted to read this
    Florida Senate - 2011 CS for SB 234



    By the Committee on Criminal Justice; and Senators Evers,
    Dockery, Lynn, Hays, Norman, African Americann, and Garcia



    591-02451-11 2011234c1
    1 A bill to be entitled
    2 An act relating to firearms; amending s. 790.06, F.S.;
    3 providing that a person in compliance with the terms
    4 of a concealed carry license may carry openly
    5 notwithstanding specified provisions; allowing the
    6 Division of Licensing of the Department of Agriculture
    7 and Consumer Services to take fingerprints from
    8 concealed carry license applicants; providing that
    9 concealed carry licensees shall not be prohibited from
    10 carrying or storing a firearm in a vehicle for lawful
    11 purposes; repealing s. 790.28, F.S., relating to the
    12 purchase of rifles and shotguns in contiguous states;
    13 amending s. 790.065, F.S.; providing that specified
    14 provisions do not apply to certain firearms
    15 transactions by a resident of this state which take
    16 place in another state; providing an effective date.
    17
    18 Be It Enacted by the Legislature of the State of Florida:
    19
    20 Section 1. Subsection (1), paragraph (c) of subsection (5),
    21 and subsection (12) of section 790.06, Florida Statutes, are
    22 amended to read:
    23 790.06 License to carry concealed weapon or firearm.—
    24 (1) The Department of Agriculture and Consumer Services is
    25 authorized to issue licenses to carry concealed weapons or
    26 concealed firearms to persons qualified as provided in this
    27 section. Each such license must bear a color photograph of the
    28 licensee. For the purposes of this section, concealed weapons or
    29 concealed firearms are defined as a handgun, electronic weapon
    30 or device, tear gas gun, knife, or billie, but the term does not
    31 include a machine gun as defined in s. 790.001(9). Such licenses
    32 shall be valid throughout the state for a period of 7 years from
    33 the date of issuance. Any person in compliance with the terms of
    34 such license may carry a concealed weapon or concealed firearm
    35 notwithstanding s. 790.01, or may carry openly
    36 notwithstanding s. 790.053. The licensee must carry the license,
    37 together with valid identification, at all times in which the
    38 licensee is in actual possession of a concealed weapon or
    39 firearm and must display both the license and proper
    40 identification upon demand by a law enforcement officer. A
    41 violation of this subsection shall
    42 constitute a noncriminal violation with a penalty of $25,
    43 payable to the clerk of the court.
    44 (5) The applicant shall submit to the Department of
    45 Agriculture and Consumer Services:
    46 (c) A full set of fingerprints of the applicant
    47 administered by a law enforcement agency or the Division of
    48 Licensing of the Department of Agriculture and Consumer
    49 Services.
    50 (12)(a) A license issued under this section
    51 does not authorize any person to carry a concealed weapon
    52 or firearm into:
    53 1. Any place of nuisance as defined in s. 823.05;
    54 2. Any police, sheriff, or highway patrol station;
    55 3. Any detention facility, prison, or jail;
    56 4. Any courthouse;
    57 5. Any courtroom, except that nothing in this section would
    58 preclude a judge from carrying a concealed weapon or determining
    59 who will carry a concealed weapon in his or her courtroom;
    60 6. Any polling place;
    61 7. Any meeting of the governing body of a county, public
    62 school district, municipality, or special district;
    63 8. Any meeting of the Legislature or a committee thereof;
    64 9. Any school, college, or professional athletic event not
    65 related to firearms;
    66 10. Any elementary or secondary school facility or
    67 administration building;
    68 11. Any career center;
    69 12. 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 13. Any portion of an establishment licensed to dispense
    75 alcoholic beverages for consumption on the premises, which
    76 portion of the establishment is primarily devoted to such
    77 purpose;
    78
    79
    80
    81
    82
    83 14. The inside of the passenger terminal and sterile area
    84 of any airport, provided that no person shall be prohibited from
    85 carrying any legal firearm into the terminal, which firearm is
    86 encased for shipment for purposes of checking such firearm as
    87 baggage to be lawfully transported on any aircraft; or
    88 15. Any place where the carrying of firearms is prohibited
    89 by federal law.
    90 (b) A person licensed under this section shall not be
    91 prohibited from carrying or storing a firearm in a vehicle for
    92 lawful purposes.
    93 (c) This subsection does not modify the terms or conditions
    94 of s. 790.251(7).
    95 (d) Any person who knowingly and willfully violates any
    96 provision of this subsection commits a misdemeanor of the second
    97 degree, punishable as provided in s. 775.082 or s. 775.083.
    98 Section 2. Section 790.28, Florida Statutes, is repealed.
    99 Section 3. Subsection (1) of section 790.065, Florida
    100 Statutes, is amended to read:
    101 790.065 Sale and delivery of firearms.—
    102 (1)(a) A licensed importer, licensed manufacturer, or
    103 licensed dealer may not sell or deliver from her or his
    104 inventory at her or his licensed premises any firearm to another
    105 person, other than a licensed importer, licensed manufacturer,
    106 licensed dealer, or licensed collector, until she or he has:
    107 1. Obtained a completed form from the potential buyer or
    108 transferee, which form shall have been promulgated by the
    109 Department of Law Enforcement and provided by the licensed
    110 importer, licensed manufacturer, or licensed dealer, which shall
    111 include the name, date of birth, gender, race, and social
    112 security number or other identification number of such potential
    113 buyer or transferee and has inspected proper identification
    114 including an identification containing a photograph of the
    115 potential buyer or transferee.
    116 2. Collected a fee from the potential buyer for
    117 processing the criminal history check of the potential buyer.
    118 The fee shall be established by the Department of Law
    119 Enforcement and may not exceed $8 per transaction. The
    120 Department of Law Enforcement may reduce, or suspend collection
    121 of, the fee to reflect payment received from the Federal
    122 Government applied to the cost of maintaining the criminal
    123 history check system established by this section as a means of
    124 facilitating or supplementing the National Instant Criminal
    125 Background Check System. The Department of Law Enforcement
    126 shall, by rule, establish procedures for the fees to be
    127 transmitted by the licensee to the Department of Law
    128 Enforcement. All such fees shall be deposited into the
    129 Department of Law Enforcement Operating Trust Fund, but shall be
    130 segregated from all other funds deposited into such trust fund
    131 and must be accounted for separately. Such segregated funds must
    132 not be used for any purpose other than the operation of the
    133 criminal history checks required by this section. The Department
    134 of Law Enforcement, each year prior to February 1, shall make a
    135 full accounting of all receipts and expenditures of such funds
    136 to the President of the Senate, the Speaker of the House of
    137 Representatives, the majority and minority leaders of each house
    138 of the Legislature, and the chairs of the appropriations
    139 committees of each house of the Legislature. In the event that
    140 the cumulative amount of funds collected exceeds the cumulative
    141 amount of expenditures by more than $2.5 million, excess funds
    142 may be used for the purpose of purchasing soft body armor for
    143 law enforcement officers.
    144 3. Requested, by means of a toll-free telephone call,
    145 the Department of Law Enforcement to conduct a check of the
    146 information as reported and reflected in the Florida Crime
    147 Information Center and National Crime Information Center systems
    148 as of the date of the request.
    149 4. Received a unique approval number for that inquiry
    150 from the Department of Law Enforcement, and recorded the date
    151 and such number on the consent form.
    152 (b) However, if the person purchasing, or receiving
    153 delivery of, the firearm is a holder of a valid concealed
    154 weapons or firearms license pursuant to the provisions of s.
    155 790.06 or holds an active certification from the Criminal
    156 Justice Standards and Training Commission as a “law enforcement
    157 officer,” a “correctional officer,” or a “correctional probation
    158 officer” as defined in s. 943.10(1), (2), (3), (6), (7), (8), or
    159 (9), this subsection does not apply.
    160 (c) This subsection does not apply to the purchase, trade,
    161 or transfer of rifles or shotguns by a resident of this state
    162 when the resident makes such purchase, trade, or transfer from a
    163 licensed importer, licensed manufacturer, or licensed dealer in
    164 another state.
    165 Section 4. This act shall take effect upon becoming a law.
    Last edited by crashnjax; 04-16-2011 at 03:24 PM.
    John Strifler for FL State Senate District 1 for 2012
    crashnjax@att.net
    crash.jax_fl on yahoo
    johnstrifler4senate.proboards.com

    Political advertisement paid for and approved by John p. Strifler, no party affiliation, state senate

  2. #2
    Regular Member crashnjax's Avatar
    Join Date
    Feb 2011
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    Jacksonville, Florida, United States
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    Quote Originally Posted by crashnjax View Post
    In case any one wanted to read this
    Florida Senate - 2011 CS for SB 234



    By the Committee on Criminal Justice; and Senators Evers,
    Dockery, Lynn, Hays, Norman, African Americann, and Garcia



    591-02451-11 2011234c1
    1 A bill to be entitled
    2 An act relating to firearms; amending s. 790.06, F.S.;
    3 providing that a person in compliance with the terms
    4 of a concealed carry license may carry openly
    5 notwithstanding specified provisions; allowing the
    6 Division of Licensing of the Department of Agriculture
    7 and Consumer Services to take fingerprints from
    8 concealed carry license applicants; providing that
    9 concealed carry licensees shall not be prohibited from
    10 carrying or storing a firearm in a vehicle for lawful
    11 purposes; repealing s. 790.28, F.S., relating to the
    12 purchase of rifles and shotguns in contiguous states;
    13 amending s. 790.065, F.S.; providing that specified
    14 provisions do not apply to certain firearms
    15 transactions by a resident of this state which take
    16 place in another state; providing an effective date.
    17
    18 Be It Enacted by the Legislature of the State of Florida:
    19
    20 Section 1. Subsection (1), paragraph (c) of subsection (5),
    21 and subsection (12) of section 790.06, Florida Statutes, are
    22 amended to read:
    23 790.06 License to carry concealed weapon or firearm.—
    24 (1) The Department of Agriculture and Consumer Services is
    25 authorized to issue licenses to carry concealed weapons or
    26 concealed firearms to persons qualified as provided in this
    27 section. Each such license must bear a color photograph of the
    28 licensee. For the purposes of this section, concealed weapons or
    29 concealed firearms are defined as a handgun, electronic weapon
    30 or device, tear gas gun, knife, or billie, but the term does not
    31 include a machine gun as defined in s. 790.001(9). Such licenses
    32 shall be valid throughout the state for a period of 7 years from
    33 the date of issuance. Any person in compliance with the terms of
    34 such license may carry a concealed weapon or concealed firearm
    35 notwithstanding s. 790.01, or may carry openly
    36 notwithstanding s. 790.053. The licensee must carry the license,
    37 together with valid identification, at all times in which the
    38 licensee is in actual possession of a concealed weapon or
    39 firearm and must display both the license and proper
    40 identification upon demand by a law enforcement officer. A
    41 violation of this subsection shall
    42 constitute a noncriminal violation with a penalty of $25,
    43 payable to the clerk of the court.
    44 (5) The applicant shall submit to the Department of
    45 Agriculture and Consumer Services:
    46 (c) A full set of fingerprints of the applicant
    47 administered by a law enforcement agency or the Division of
    48 Licensing of the Department of Agriculture and Consumer
    49 Services.
    50 (12)(a) A license issued under this section
    51 does not authorize any person to carry a concealed weapon
    52 or firearm into:
    53 1. Any place of nuisance as defined in s. 823.05;
    54 2. Any police, sheriff, or highway patrol station;
    55 3. Any detention facility, prison, or jail;
    56 4. Any courthouse;
    57 5. Any courtroom, except that nothing in this section would
    58 preclude a judge from carrying a concealed weapon or determining
    59 who will carry a concealed weapon in his or her courtroom;
    60 6. Any polling place;
    61 7. Any meeting of the governing body of a county, public
    62 school district, municipality, or special district;
    63 8. Any meeting of the Legislature or a committee thereof;
    64 9. Any school, college, or professional athletic event not
    65 related to firearms;
    66 10. Any elementary or secondary school facility or
    67 administration building;
    68 11. Any career center;
    69 12. 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 13. Any portion of an establishment licensed to dispense
    75 alcoholic beverages for consumption on the premises, which
    76 portion of the establishment is primarily devoted to such
    77 purpose;
    78
    79
    80
    81
    82
    83 14. The inside of the passenger terminal and sterile area
    84 of any airport, provided that no person shall be prohibited from
    85 carrying any legal firearm into the terminal, which firearm is
    86 encased for shipment for purposes of checking such firearm as
    87 baggage to be lawfully transported on any aircraft; or
    88 15. Any place where the carrying of firearms is prohibited
    89 by federal law.
    90 (b) A person licensed under this section shall not be
    91 prohibited from carrying or storing a firearm in a vehicle for
    92 lawful purposes.
    93 (c) This subsection does not modify the terms or conditions
    94 of s. 790.251(7).
    95 (d) Any person who knowingly and willfully violates any
    96 provision of this subsection commits a misdemeanor of the second
    97 degree, punishable as provided in s. 775.082 or s. 775.083.
    98 Section 2. Section 790.28, Florida Statutes, is repealed.
    99 Section 3. Subsection (1) of section 790.065, Florida
    100 Statutes, is amended to read:
    101 790.065 Sale and delivery of firearms.—
    102 (1)(a) A licensed importer, licensed manufacturer, or
    103 licensed dealer may not sell or deliver from her or his
    104 inventory at her or his licensed premises any firearm to another
    105 person, other than a licensed importer, licensed manufacturer,
    106 licensed dealer, or licensed collector, until she or he has:
    107 1. Obtained a completed form from the potential buyer or
    108 transferee, which form shall have been promulgated by the
    109 Department of Law Enforcement and provided by the licensed
    110 importer, licensed manufacturer, or licensed dealer, which shall
    111 include the name, date of birth, gender, race, and social
    112 security number or other identification number of such potential
    113 buyer or transferee and has inspected proper identification
    114 including an identification containing a photograph of the
    115 potential buyer or transferee.
    116 2. Collected a fee from the potential buyer for
    117 processing the criminal history check of the potential buyer.
    118 The fee shall be established by the Department of Law
    119 Enforcement and may not exceed $8 per transaction. The
    120 Department of Law Enforcement may reduce, or suspend collection
    121 of, the fee to reflect payment received from the Federal
    122 Government applied to the cost of maintaining the criminal
    123 history check system established by this section as a means of
    124 facilitating or supplementing the National Instant Criminal
    125 Background Check System. The Department of Law Enforcement
    126 shall, by rule, establish procedures for the fees to be
    127 transmitted by the licensee to the Department of Law
    128 Enforcement. All such fees shall be deposited into the
    129 Department of Law Enforcement Operating Trust Fund, but shall be
    130 segregated from all other funds deposited into such trust fund
    131 and must be accounted for separately. Such segregated funds must
    132 not be used for any purpose other than the operation of the
    133 criminal history checks required by this section. The Department
    134 of Law Enforcement, each year prior to February 1, shall make a
    135 full accounting of all receipts and expenditures of such funds
    136 to the President of the Senate, the Speaker of the House of
    137 Representatives, the majority and minority leaders of each house
    138 of the Legislature, and the chairs of the appropriations
    139 committees of each house of the Legislature. In the event that
    140 the cumulative amount of funds collected exceeds the cumulative
    141 amount of expenditures by more than $2.5 million, excess funds
    142 may be used for the purpose of purchasing soft body armor for
    143 law enforcement officers.
    144 3. Requested, by means of a toll-free telephone call,
    145 the Department of Law Enforcement to conduct a check of the
    146 information as reported and reflected in the Florida Crime
    147 Information Center and National Crime Information Center systems
    148 as of the date of the request.
    149 4. Received a unique approval number for that inquiry
    150 from the Department of Law Enforcement, and recorded the date
    151 and such number on the consent form.
    152 (b) However, if the person purchasing, or receiving
    153 delivery of, the firearm is a holder of a valid concealed
    154 weapons or firearms license pursuant to the provisions of s.
    155 790.06 or holds an active certification from the Criminal
    156 Justice Standards and Training Commission as a “law enforcement
    157 officer,” a “correctional officer,” or a “correctional probation
    158 officer” as defined in s. 943.10(1), (2), (3), (6), (7), (8), or
    159 (9), this subsection does not apply.
    160 (c) This subsection does not apply to the purchase, trade,
    161 or transfer of rifles or shotguns by a resident of this state
    162 when the resident makes such purchase, trade, or transfer from a
    163 licensed importer, licensed manufacturer, or licensed dealer in
    164 another state.
    165 Section 4. This act shall take effect upon becoming a law.
    this was added on the 15th this month......
    Florida Senate - 2011 COMMITTEE AMENDMENT
    Bill No. CS for SB 234






    Barcode 974748

    LEGISLATIVE ACTION
    Senate . House
    .
    .
    .
    .
    .
    —————————————————————————————————————————————————— ———————————————




    —————————————————————————————————————————————————— ———————————————
    The Committee on Rules (Gaetz) recommended the following:

    1 Senate Amendment to Amendment (349518)
    2
    3 Delete line 22
    4 and insert:
    5 a handgun as defined in s. 790.0655, on any public property and,
    6 when permissible, on private property notwithstanding s.
    John Strifler for FL State Senate District 1 for 2012
    crashnjax@att.net
    crash.jax_fl on yahoo
    johnstrifler4senate.proboards.com

    Political advertisement paid for and approved by John p. Strifler, no party affiliation, state senate

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