Bill Text: FL S0108 | 2019 | Regular Session | Introduced


Bill Title: Regulation of Concealed Weapons Licenses

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2019-01-10 - Referred to Judiciary; Commerce and Tourism; Infrastructure and Security; Appropriations [S0108 Detail]

Download: Florida-2019-S0108-Introduced.html
       Florida Senate - 2019                                     SB 108
       
       
        
       By Senator Book
       
       
       
       
       
       32-00118A-19                                           2019108__
    1                        A bill to be entitled                      
    2         An act relating to the regulation of concealed weapons
    3         licenses; transferring the concealed weapons licensing
    4         program of the Division of Licensing of the Department
    5         of Agriculture and Consumer Services to the Department
    6         of Law Enforcement by a type two transfer; requiring
    7         the Department of Agriculture and Consumer Services to
    8         deliver certain records to the Department of Law
    9         Enforcement; prohibiting the Department of Agriculture
   10         and Consumer Services from retaining copies of such
   11         records; amending s. 20.201, F.S.; creating the
   12         Concealed Weapons Licensing Program in the Department
   13         of Law Enforcement; amending ss. 493.6108, 790.06,
   14         790.0601, 790.061, 790.062, 790.0625, 790.065,
   15         790.335, 790.401, 943.053, and 943.059, F.S.;
   16         redesignating the Department of Law Enforcement as the
   17         entity responsible for regulating, and collecting
   18         payments and fees from, concealed weapons licensing;
   19         conforming provisions to changes made by the act;
   20         amending s. 943.367, F.S.; expanding the purpose of
   21         the Administrative Trust Fund of the Department of Law
   22         Enforcement; providing funding for the trust fund from
   23         payments and fees received relating to concealed
   24         weapons licensing; providing an effective date.
   25          
   26  Be It Enacted by the Legislature of the State of Florida:
   27  
   28         Section 1. Pursuant to section 20.06(2), Florida Statutes,
   29  the concealed weapons licensing program of the Division of
   30  Licensing of the Department of Agriculture and Consumer Services
   31  is transferred by a type two transfer to the Department of Law
   32  Enforcement.
   33         Section 2. The Department of Agriculture and Consumer
   34  Services shall deliver to the Department of Law Enforcement all
   35  records in its possession relating to the duties transferred
   36  under this act. The Department of Agriculture and Consumer
   37  Services may not retain any copies, whether physical,
   38  electronic, or otherwise, of such records.
   39         Section 3. Section 20.201, Florida Statutes, is amended to
   40  read:
   41         20.201 Department of Law Enforcement.—
   42         (1) There is created a Department of Law Enforcement. The
   43  head of the department is the Governor and Cabinet. The
   44  executive director of the department shall be appointed by the
   45  Governor with the approval of three members of the Cabinet and
   46  subject to confirmation by the Senate. The executive director
   47  shall serve at the pleasure of the Governor and Cabinet. The
   48  executive director may establish a command, operational, and
   49  administrative services structure to assist, manage, and support
   50  the department in operating programs and delivering services.
   51         (2) The following programs of the Department of Law
   52  Enforcement are established:
   53         (a) Criminal Justice Investigations and Forensic Science
   54  Program.
   55         (b) Criminal Justice Information Program.
   56         (c) Criminal Justice Professionalism Program.
   57         (d) Concealed Weapons Licensing Program.
   58         (e)(d) Capitol Police.
   59         Section 4. Subsection (3) of section 493.6108, Florida
   60  Statutes, is amended to read:
   61         493.6108 Investigation of applicants by Department of
   62  Agriculture and Consumer Services.—
   63         (3) The department must also investigate the mental history
   64  and current mental and emotional fitness of any Class “G” or
   65  Class “K” applicant and may deny a Class “G” or Class “K”
   66  license to anyone who has a history of mental illness or drug or
   67  alcohol abuse. Notwithstanding s. 790.065(2)(a)4.f., The
   68  Department of Law Enforcement is authorized, for the limited
   69  purpose of determining eligibility of Class “G” or Class “K”
   70  applicants and licensees under this chapter, to provide the
   71  department with mental health and substance abuse data of
   72  individuals who are prohibited from purchasing a firearm.
   73         Section 5. Section 790.06, Florida Statutes, is amended to
   74  read:
   75         790.06 License to carry concealed weapon or firearm.—
   76         (1) The Department of Law Enforcement Agriculture and
   77  Consumer Services is authorized to issue licenses to carry
   78  concealed weapons or concealed firearms to persons qualified as
   79  provided in this section. Each such license must bear a color
   80  photograph of the licensee. For the purposes of this section,
   81  concealed weapons or concealed firearms are defined as a
   82  handgun, electronic weapon or device, tear gas gun, knife, or
   83  billie, but the term does not include a machine gun as defined
   84  in s. 790.001(9). Such licenses shall be valid throughout the
   85  state for a period of 7 years from the date of issuance. Any
   86  person in compliance with the terms of such license may carry a
   87  concealed weapon or concealed firearm notwithstanding the
   88  provisions of s. 790.01. The licensee must carry the license,
   89  together with valid identification, at all times in which the
   90  licensee is in actual possession of a concealed weapon or
   91  firearm and must display both the license and proper
   92  identification upon demand by a law enforcement officer. A
   93  violation of Violations of the provisions of this subsection is
   94  shall constitute a noncriminal violation with a penalty of $25,
   95  payable to the clerk of the court.
   96         (2) The Department of Law Enforcement Agriculture and
   97  Consumer Services shall issue a license if the applicant:
   98         (a) Is a resident of the United States and a citizen of the
   99  United States or a permanent resident alien of the United
  100  States, as determined by the United States Bureau of Citizenship
  101  and Immigration Services, or is a consular security official of
  102  a foreign government that maintains diplomatic relations and
  103  treaties of commerce, friendship, and navigation with the United
  104  States and is certified as such by the foreign government and by
  105  the appropriate embassy in this country;
  106         (b) Is 21 years of age or older;
  107         (c) Does not suffer from a physical infirmity that which
  108  prevents the safe handling of a weapon or firearm;
  109         (d) Is not ineligible to possess a firearm pursuant to s.
  110  790.23 by virtue of having been convicted of a felony;
  111         (e) Has not been:
  112         1. Found guilty of a crime under the provisions of chapter
  113  893 or similar laws of any other state relating to controlled
  114  substances within a 3-year period immediately preceding the date
  115  on which the application is submitted; or
  116         2. Committed for the abuse of a controlled substance under
  117  chapter 397 or under the provisions of former chapter 396 or
  118  similar laws of any other state. An applicant who has been
  119  granted relief from firearms disabilities pursuant to s.
  120  790.065(2)(a)4.d. or pursuant to the law of the state in which
  121  the commitment occurred is deemed not to be committed for the
  122  abuse of a controlled substance under this subparagraph;
  123         (f) Does not chronically and habitually use alcoholic
  124  beverages or other substances to the extent that his or her
  125  normal faculties are impaired. It shall be presumed that an
  126  applicant chronically and habitually uses alcoholic beverages or
  127  other substances to the extent that his or her normal faculties
  128  are impaired if the applicant has been convicted under s.
  129  790.151 or has been deemed a habitual offender under s.
  130  856.011(3), or has had two or more convictions under s. 316.193
  131  or similar laws of any other state, within the 3-year period
  132  immediately preceding the date on which the application is
  133  submitted;
  134         (g) Desires a legal means to carry a concealed weapon or
  135  firearm for lawful self-defense;
  136         (h) Demonstrates competence with a firearm by any one of
  137  the following:
  138         1. Completion of any hunter education or hunter safety
  139  course approved by the Fish and Wildlife Conservation Commission
  140  or a similar agency of another state;
  141         2. Completion of any National Rifle Association firearms
  142  safety or training course;
  143         3. Completion of any firearms safety or training course or
  144  class available to the general public offered by a law
  145  enforcement agency, junior college, college, or private or
  146  public institution or organization or firearms training school,
  147  using instructors certified by the National Rifle Association,
  148  the Criminal Justice Standards and Training Commission, or the
  149  Department of Law Enforcement Agriculture and Consumer Services;
  150         4. Completion of any law enforcement firearms safety or
  151  training course or class offered for security guards,
  152  investigators, special deputies, or any division or subdivision
  153  of a law enforcement agency or security enforcement;
  154         5. Presents evidence of equivalent experience with a
  155  firearm through participation in organized shooting competition
  156  or military service;
  157         6. Is licensed or has been licensed to carry a firearm in
  158  this state or a county or municipality of this state, unless
  159  such license has been revoked for cause; or
  160         7. Completion of any firearms training or safety course or
  161  class conducted by a state-certified or National Rifle
  162  Association certified firearms instructor;
  163  
  164  A photocopy of a certificate of completion of any of the courses
  165  or classes; an affidavit from the instructor, school, club,
  166  organization, or group that conducted or taught such course or
  167  class attesting to the completion of the course or class by the
  168  applicant; or a copy of any document that shows completion of
  169  the course or class or evidences participation in firearms
  170  competition shall constitute evidence of qualification under
  171  this paragraph. A person who conducts a course pursuant to
  172  subparagraph 2., subparagraph 3., or subparagraph 7., or who, as
  173  an instructor, attests to the completion of such courses, must
  174  maintain records certifying that he or she observed the student
  175  safely handle and discharge the firearm in his or her physical
  176  presence and that the discharge of the firearm included live
  177  fire using a firearm and ammunition as defined in s. 790.001;
  178         (i) Has not been adjudicated an incapacitated person under
  179  s. 744.331, or similar laws of any other state. An applicant who
  180  has been granted relief from firearms disabilities pursuant to
  181  s. 790.065(2)(a)4.d. or pursuant to the law of the state in
  182  which the adjudication occurred is deemed not to have been
  183  adjudicated an incapacitated person under this paragraph;
  184         (j) Has not been committed to a mental institution under
  185  chapter 394, or similar laws of any other state. An applicant
  186  who has been granted relief from firearms disabilities pursuant
  187  to s. 790.065(2)(a)4.d. or pursuant to the law of the state in
  188  which the commitment occurred is deemed not to have been
  189  committed in a mental institution under this paragraph;
  190         (k) Has not had adjudication of guilt withheld or
  191  imposition of sentence suspended on any felony unless 3 years
  192  have elapsed since probation or any other conditions set by the
  193  court have been fulfilled, or expunction has occurred;
  194         (l) Has not had adjudication of guilt withheld or
  195  imposition of sentence suspended on any misdemeanor crime of
  196  domestic violence unless 3 years have elapsed since probation or
  197  any other conditions set by the court have been fulfilled, or
  198  the record has been expunged;
  199         (m) Has not been issued an injunction that is currently in
  200  force and effect and that restrains the applicant from
  201  committing acts of domestic violence or acts of repeat violence;
  202  and
  203         (n) Is not prohibited from purchasing or possessing a
  204  firearm by any other provision of Florida or federal law.
  205         (3) The Department of Law Enforcement Agriculture and
  206  Consumer Services shall deny a license if the applicant has been
  207  found guilty of, had adjudication of guilt withheld for, or had
  208  imposition of sentence suspended for one or more crimes of
  209  violence constituting a misdemeanor, unless 3 years have elapsed
  210  since probation or any other conditions set by the court have
  211  been fulfilled or the record has been sealed or expunged. The
  212  department of Agriculture and Consumer Services shall revoke a
  213  license if the licensee has been found guilty of, had
  214  adjudication of guilt withheld for, or had imposition of
  215  sentence suspended for one or more crimes of violence within the
  216  preceding 3 years. The department shall, upon notification by a
  217  law enforcement agency or, a court, or the Florida Department of
  218  Law Enforcement and subsequent written verification, suspend a
  219  license or the processing of an application for a license if the
  220  licensee or applicant is arrested or formally charged with a
  221  crime that would disqualify such person from having a license
  222  under this section, until final disposition of the case. The
  223  department shall suspend a license or the processing of an
  224  application for a license if the licensee or applicant is issued
  225  an injunction that restrains the licensee or applicant from
  226  committing acts of domestic violence or acts of repeat violence.
  227         (4) The application shall be completed, under oath, on a
  228  form adopted by the Department of Law Enforcement Agriculture
  229  and Consumer Services and shall include:
  230         (a) The name, address, place of birth, date of birth, and
  231  race of the applicant;
  232         (b) A statement that the applicant is in compliance with
  233  criteria contained within subsections (2) and (3);
  234         (c) A statement that the applicant has been furnished a
  235  copy of or a website link to this chapter and is knowledgeable
  236  of its provisions;
  237         (d) A conspicuous warning that the application is executed
  238  under oath and that a false answer to any question, or the
  239  submission of any false document by the applicant, subjects the
  240  applicant to criminal prosecution under s. 837.06;
  241         (e) A statement that the applicant desires a concealed
  242  weapon or firearms license as a means of lawful self-defense;
  243  and
  244         (f) Directions for an applicant who is a servicemember, as
  245  defined in s. 250.01, or a veteran, as defined in s. 1.01, to
  246  request expedited processing of his or her application.
  247         (5) The applicant shall submit to the Department of Law
  248  Enforcement Agriculture and Consumer Services or an approved tax
  249  collector pursuant to s. 790.0625:
  250         (a) A completed application as described in subsection (4).
  251         (b) A nonrefundable license fee of up to $55 if he or she
  252  has not previously been issued a statewide license or of up to
  253  $45 for renewal of a statewide license. The cost of processing
  254  fingerprints as required in paragraph (c) shall be borne by the
  255  applicant. However, an individual holding an active
  256  certification from the Criminal Justice Standards and Training
  257  Commission as a law enforcement officer, correctional officer,
  258  or correctional probation officer as defined in s. 943.10(1),
  259  (2), (3), (6), (7), (8), or (9) is exempt from the licensing
  260  requirements of this section. If such individual wishes to
  261  receive a concealed weapon or firearm license, he or she is
  262  exempt from the background investigation and all background
  263  investigation fees but must pay the current license fees
  264  regularly required to be paid by nonexempt applicants. Further,
  265  a law enforcement officer, a correctional officer, or a
  266  correctional probation officer as defined in s. 943.10(1), (2),
  267  or (3) is exempt from the required fees and background
  268  investigation for 1 year after his or her retirement.
  269         (c) A full set of fingerprints of the applicant
  270  administered by a law enforcement agency, or the Division of
  271  Licensing of the Department of Law Enforcement, Agriculture and
  272  Consumer Services or an approved tax collector pursuant to s.
  273  790.0625 together with any personal identifying information
  274  required by federal law to process fingerprints. Charges for
  275  fingerprint services under this paragraph are not subject to the
  276  sales tax on fingerprint services imposed in s. 212.05(1)(i).
  277         (d) A photocopy of a certificate, affidavit, or document as
  278  described in paragraph (2)(h).
  279         (e) A full frontal view color photograph of the applicant
  280  taken within the preceding 30 days, in which the head, including
  281  hair, measures 7/8 of an inch wide and 1 1/8 inches high.
  282         (f) For expedited processing of an application:
  283         1. A servicemember shall submit a copy of the Common Access
  284  Card, United States Uniformed Services Identification Card, or
  285  current deployment orders.
  286         2. A veteran shall submit a copy of the DD Form 214, issued
  287  by the United States Department of Defense, or another
  288  acceptable form of identification as specified by the Department
  289  of Veterans’ Affairs.
  290         (6)(a) The Department of Agriculture and Consumer Services,
  291  Upon receipt of the items listed in subsection (5), the
  292  Department of Law Enforcement shall prepare forward the full set
  293  of fingerprints of the applicant to the Department of Law
  294  Enforcement for state and federal processing, provided the
  295  federal service is available, to be processed for any criminal
  296  justice information as defined in s. 943.045. The cost of
  297  processing such fingerprints shall be payable to the Department
  298  of Law Enforcement by the Department of Agriculture and Consumer
  299  Services.
  300         (b) The sheriff’s office shall provide fingerprinting
  301  service if requested by the applicant and may charge a fee not
  302  to exceed $5 for this service.
  303         (c) The Department of Law Enforcement Agriculture and
  304  Consumer Services shall, within 90 days after the date of
  305  receipt of the items listed in subsection (5):
  306         1. Issue the license; or
  307         2. Deny the application based solely on the ground that the
  308  applicant fails to qualify under the criteria listed in
  309  subsection (2) or subsection (3). If the Department of Law
  310  Enforcement Agriculture and Consumer Services denies the
  311  application, it shall notify the applicant in writing, stating
  312  the ground for denial and informing the applicant of any right
  313  to a hearing pursuant to chapter 120.
  314         3. If In the event the department receives criminal history
  315  information with no final disposition on a crime which may
  316  disqualify the applicant, the time limitation prescribed by this
  317  paragraph may be suspended until receipt of the final
  318  disposition or proof of restoration of civil and firearm rights.
  319         (d) If In the event a legible set of fingerprints, as
  320  determined by the Department of Law Enforcement Agriculture and
  321  Consumer Services or the Federal Bureau of Investigation, cannot
  322  be obtained after two attempts, the Department of Law
  323  Enforcement Agriculture and Consumer Services shall determine
  324  eligibility based upon the name checks conducted by the Florida
  325  department of Law Enforcement.
  326         (e) A consular security official of a foreign government
  327  that maintains diplomatic relations and treaties of commerce,
  328  friendship, and navigation with the United States and is
  329  certified as such by the foreign government and by the
  330  appropriate embassy in this country must be issued a license
  331  within 20 days after the date of the receipt of a completed
  332  application, certification document, color photograph as
  333  specified in paragraph (5)(e), and a nonrefundable license fee
  334  of $300. Consular security official licenses shall be valid for
  335  1 year and may be renewed upon completion of the application
  336  process as provided in this section.
  337         (f) The Department of Law Enforcement Agriculture and
  338  Consumer Services shall, upon receipt of a completed application
  339  and the identifying information required under paragraph (5)(f),
  340  expedite the processing of a servicemember’s or a veteran’s
  341  concealed weapon or firearm license application.
  342         (7) The Department of Law Enforcement Agriculture and
  343  Consumer Services shall maintain an automated listing of
  344  licenseholders and pertinent information, and such information
  345  shall be available online, upon request, at all times to all law
  346  enforcement agencies through the Florida Crime Information
  347  Center.
  348         (8) Within 30 days after the changing of a permanent
  349  address, or within 30 days after having a license lost or
  350  destroyed, the licensee shall notify the Department of Law
  351  Enforcement Agriculture and Consumer Services of such change.
  352  Failure to notify the department of Agriculture and Consumer
  353  Services pursuant to the provisions of this subsection is shall
  354  constitute a noncriminal violation with a penalty of $25.
  355         (9) If In the event that a concealed weapon or firearm
  356  license is lost or destroyed, the license shall be automatically
  357  invalid, and the person to whom the same was issued may, upon
  358  payment of $15 to the Department of Law Enforcement Agriculture
  359  and Consumer Services, obtain a duplicate, or substitute
  360  thereof, upon furnishing a notarized statement to the department
  361  of Agriculture and Consumer Services that such license has been
  362  lost or destroyed.
  363         (10) A license issued under this section shall be suspended
  364  or revoked pursuant to chapter 120 if the licensee:
  365         (a) Is found to be ineligible under the criteria set forth
  366  in subsection (2);
  367         (b) Develops or sustains a physical infirmity that which
  368  prevents the safe handling of a weapon or firearm;
  369         (c) Is convicted of a felony that which would make the
  370  licensee ineligible to possess a firearm pursuant to s. 790.23;
  371         (d) Is found guilty of a crime under the provisions of
  372  chapter 893, or similar laws of any other state, relating to
  373  controlled substances;
  374         (e) Is committed as a substance abuser under chapter 397,
  375  or is deemed a habitual offender under s. 856.011(3), or similar
  376  laws of any other state;
  377         (f) Is convicted of a second violation of s. 316.193, or a
  378  similar law of another state, within 3 years after a first
  379  conviction of such section or similar law of another state, even
  380  though the first violation may have occurred before the date on
  381  which the application was submitted;
  382         (g) Is adjudicated an incapacitated person under s.
  383  744.331, or similar laws of any other state; or
  384         (h) Is committed to a mental institution under chapter 394,
  385  or similar laws of any other state.
  386  
  387  Notwithstanding s. 120.60(5), service of a notice of the
  388  suspension or revocation of a concealed weapon or firearm
  389  license must be given by either by certified mail, return
  390  receipt requested, to the licensee at his or her last known
  391  mailing address furnished to the Department of Law Enforcement
  392  Agriculture and Consumer Services, or by personal service. If a
  393  notice given by certified mail is returned as undeliverable, a
  394  second attempt must be made to provide notice to the licensee at
  395  that address, by either by first-class mail in an envelope,
  396  postage prepaid, addressed to the licensee at his or her last
  397  known mailing address furnished to the department, or, if the
  398  licensee has provided an e-mail address to the department, by e
  399  mail. Such mailing by the department constitutes notice, and any
  400  failure by the licensee to receive such notice does not stay the
  401  effective date or term of the suspension or revocation. A
  402  request for hearing must be filed with the department within 21
  403  days after notice is received by personal delivery, or within 26
  404  days after the date the department deposits the notice in the
  405  United States mail (21 days plus 5 days for mailing). The
  406  department shall document its attempts to provide notice, and
  407  such documentation is admissible in the courts of this state and
  408  constitutes sufficient proof that notice was given.
  409         (11)(a) At least 90 days before the expiration date of the
  410  license, the Department of Law Enforcement Agriculture and
  411  Consumer Services shall mail to each licensee a written notice
  412  of the expiration and a renewal form prescribed by the
  413  department of Agriculture and Consumer Services. The licensee
  414  must renew his or her license on or before the expiration date
  415  by filing with the department of Agriculture and Consumer
  416  Services the renewal form containing an affidavit submitted
  417  under oath and under penalty of perjury stating that the
  418  licensee remains qualified pursuant to the criteria specified in
  419  subsections (2) and (3), a color photograph as specified in
  420  paragraph (5)(e), and the required renewal fee. Out-of-state
  421  residents must also submit a complete set of fingerprints and
  422  fingerprint processing fee. The license shall be renewed upon
  423  receipt of the completed renewal form, color photograph,
  424  appropriate payment of fees, and, if applicable, fingerprints.
  425  Additionally, a licensee who fails to file a renewal application
  426  on or before its expiration date must renew his or her license
  427  by paying a late fee of $15. A license may not be renewed 180
  428  days or more after its expiration date, and such a license is
  429  deemed to be permanently expired. A person whose license has
  430  been permanently expired may reapply for licensure; however, an
  431  application for licensure and fees under subsection (5) must be
  432  submitted, and a background investigation shall be conducted
  433  pursuant to this section. A person who knowingly files false
  434  information under this subsection is subject to criminal
  435  prosecution under s. 837.06.
  436         (b) A license issued to a servicemember, as defined in s.
  437  250.01, is subject to paragraph (a); however, such a license
  438  does not expire while the servicemember is serving on military
  439  orders that have taken him or her over 35 miles from his or her
  440  residence and shall be extended, as provided in this paragraph,
  441  for up to 180 days after his or her return to such residence. If
  442  the license renewal requirements in paragraph (a) are met within
  443  the 180-day extension period, the servicemember may not be
  444  charged any additional costs, such as, but not limited to, late
  445  fees or delinquency fees, above the normal license fees. The
  446  servicemember must present to the Department of Law Enforcement
  447  Agriculture and Consumer Services a copy of his or her official
  448  military orders or a written verification from the member’s
  449  commanding officer before the end of the 180-day period in order
  450  to qualify for the extension.
  451         (12)(a) A license issued under this section does not
  452  authorize any person to openly carry a handgun or carry a
  453  concealed weapon or firearm into:
  454         1. Any place of nuisance as defined in s. 823.05;
  455         2. Any police, sheriff, or highway patrol station;
  456         3. Any detention facility, prison, or jail;
  457         4. Any courthouse;
  458         5. Any courtroom, except that nothing in this section would
  459  preclude a judge from carrying a concealed weapon or determining
  460  who will carry a concealed weapon in his or her courtroom;
  461         6. Any polling place;
  462         7. Any meeting of the governing body of a county, public
  463  school district, municipality, or special district;
  464         8. Any meeting of the Legislature or a committee thereof;
  465         9. Any school, college, or professional athletic event not
  466  related to firearms;
  467         10. Any elementary or secondary school facility or
  468  administration building;
  469         11. Any career center;
  470         12. Any portion of an establishment licensed to dispense
  471  alcoholic beverages for consumption on the premises, which
  472  portion of the establishment is primarily devoted to such
  473  purpose;
  474         13. Any college or university facility unless the licensee
  475  is a registered student, employee, or faculty member of such
  476  college or university and the weapon is a stun gun or nonlethal
  477  electric weapon or device designed solely for defensive purposes
  478  and the weapon does not fire a dart or projectile;
  479         14. The inside of the passenger terminal and sterile area
  480  of any airport, provided that no person shall be prohibited from
  481  carrying any legal firearm into the terminal, which firearm is
  482  encased for shipment for purposes of checking such firearm as
  483  baggage to be lawfully transported on any aircraft; or
  484         15. Any place where the carrying of firearms is prohibited
  485  by federal law.
  486         (b) A person licensed under this section shall not be
  487  prohibited from carrying or storing a firearm in a vehicle for
  488  lawful purposes.
  489         (c) This section does not modify the terms or conditions of
  490  s. 790.251(7).
  491         (d) Any person who knowingly and willfully violates any
  492  provision of this subsection commits a misdemeanor of the second
  493  degree, punishable as provided in s. 775.082 or s. 775.083.
  494         (13) All moneys collected by the Department of Law
  495  Enforcement pursuant to this section shall be deposited in the
  496  Administrative Trust Fund of the Department of Law Enforcement
  497  Division of Licensing Trust Fund, and the Legislature shall
  498  appropriate from the fund those amounts deemed necessary to
  499  administer the provisions of this section. All revenues
  500  collected, less those costs determined by the department of
  501  Agriculture and Consumer Services to be nonrecurring or one-time
  502  costs, shall be deferred over the 7-year licensure period.
  503  Notwithstanding the provisions of s. 493.6117, all moneys
  504  collected pursuant to this section shall not revert to the
  505  General Revenue Fund; however, this shall not abrogate the
  506  requirement for payment of the service charge imposed pursuant
  507  to chapter 215.
  508         (14) All funds received by the sheriff pursuant to the
  509  provisions of this section shall be deposited into the general
  510  revenue fund of the county and shall be budgeted to the sheriff.
  511         (15) The Legislature finds as a matter of public policy and
  512  fact that it is necessary to provide statewide uniform standards
  513  for issuing licenses to carry concealed weapons and firearms for
  514  self-defense and finds it necessary to occupy the field of
  515  regulation of the bearing of concealed weapons or firearms for
  516  self-defense to ensure that no honest, law-abiding person who
  517  qualifies under the provisions of this section is subjectively
  518  or arbitrarily denied his or her rights. The Department of Law
  519  Enforcement Agriculture and Consumer Services shall implement
  520  and administer the provisions of this section. The Legislature
  521  does not delegate to the department of Agriculture and Consumer
  522  Services the authority to regulate or restrict the issuing of
  523  licenses provided for in this section, beyond those provisions
  524  contained in this section. Subjective or arbitrary actions or
  525  rules that which encumber the issuing process by placing burdens
  526  on the applicant beyond those sworn statements and specified
  527  documents detailed in this section or that which create
  528  restrictions beyond those specified in this section are in
  529  conflict with the intent of this section and are prohibited.
  530  This section shall be liberally construed to carry out the
  531  constitutional right to bear arms for self-defense. This section
  532  is supplemental and additional to existing rights to bear arms,
  533  and nothing in this section shall impair or diminish such
  534  rights.
  535         (16) The Department of Law Enforcement Agriculture and
  536  Consumer Services shall maintain statistical information on the
  537  number of licenses issued, revoked, suspended, and denied.
  538         (17) As amended by chapter 87-24, Laws of Florida, this
  539  section shall be known and may be cited as the “Jack Hagler Self
  540  Defense Act.”
  541         Section 6. Section 790.0601, Florida Statutes, is amended
  542  to read:
  543         790.0601 Public records exemption for concealed weapons.—
  544         (1) Personal identifying information of an individual who
  545  has applied for or received a license to carry a concealed
  546  weapon or firearm pursuant to s. 790.06 held by the Division of
  547  Licensing of the Department of Law Enforcement Agriculture and
  548  Consumer Services is confidential and exempt from s. 119.07(1)
  549  and s. 24(a), Art. I of the State Constitution. This exemption
  550  applies to such information held by the department division
  551  before, on, or after the effective date of this section.
  552         (2) Personal identifying information of an individual who
  553  has applied for a license to carry a concealed weapon or firearm
  554  pursuant to s. 790.0625 which is held by a tax collector
  555  appointed by the Department of Law Enforcement Agriculture and
  556  Consumer Services to receive applications and fees is
  557  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
  558  of the State Constitution. This exemption applies to such
  559  information held by the tax collector before, on, or after the
  560  effective date of this subsection.
  561         (3) Information made confidential and exempt by this
  562  section shall be disclosed:
  563         (a) With the express written consent of the applicant or
  564  licensee or his or her legally authorized representative.
  565         (b) By court order upon a showing of good cause.
  566         (c) Upon request by a law enforcement agency in connection
  567  with the performance of lawful duties, which shall include
  568  access to any automated database containing such information
  569  maintained by the Department of Law Enforcement Agriculture and
  570  Consumer Services.
  571         (4) Subsection (2) is subject to the Open Government Sunset
  572  Review Act in accordance with s. 119.15 and shall stand repealed
  573  on October 2, 2019, unless reviewed and saved from repeal
  574  through reenactment by the Legislature.
  575         Section 7. Section 790.061, Florida Statutes, is amended to
  576  read:
  577         790.061 Judges and justices; exceptions from licensure
  578  provisions.—A county court judge, circuit court judge, district
  579  court of appeal judge, justice of the supreme court, federal
  580  district court judge, or federal court of appeals judge serving
  581  in this state is not required to comply with the provisions of
  582  s. 790.06 in order to receive a license to carry a concealed
  583  weapon or firearm, except that any such justice or judge must
  584  comply with the provisions of s. 790.06(2)(h). The Department of
  585  Law Enforcement Agriculture and Consumer Services shall issue a
  586  license to carry a concealed weapon or firearm to any such
  587  justice or judge upon demonstration of competence of the justice
  588  or judge pursuant to s. 790.06(2)(h).
  589         Section 8. Section 790.062, Florida Statutes, is amended to
  590  read:
  591         790.062 Members and veterans of United States Armed Forces;
  592  exceptions from licensure provisions.—
  593         (1) Notwithstanding s. 790.06(2)(b), the Department of Law
  594  Enforcement Agriculture and Consumer Services shall issue a
  595  license to carry a concealed weapon or firearm under s. 790.06
  596  if the applicant is otherwise qualified and:
  597         (a) Is a servicemember, as defined in s. 250.01; or
  598         (b) Is a veteran of the United States Armed Forces who was
  599  discharged under honorable conditions.
  600         (2) The Department of Law Enforcement Agriculture and
  601  Consumer Services shall accept fingerprints of an applicant
  602  under this section administered by any law enforcement agency,
  603  military provost, or other military unit charged with law
  604  enforcement duties or as otherwise provided for in s.
  605  790.06(5)(c). Charges for fingerprint services under this
  606  subsection are not subject to the sales tax on fingerprint
  607  services imposed in s. 212.05(1)(i).
  608         Section 9. Section 790.0625, Florida Statutes, is amended
  609  to read:
  610         790.0625 Appointment of tax collectors to accept
  611  applications for a concealed weapon or firearm license; fees;
  612  penalties.—
  613         (1) As used in this section, the term:
  614         (a) “Department” means the Department of Law Enforcement
  615  Agriculture and Consumer Services.
  616         (b) “Program” means the Concealed Weapons Licensing Program
  617  “Division” means the Division of Licensing of the Department of
  618  Law Enforcement Agriculture and Consumer Services.
  619         (2) The department, at its discretion, may appoint tax
  620  collectors, as defined in s. 1(d) of Art. VIII of the State
  621  Constitution, to accept applications on behalf of the program
  622  division for concealed weapon or firearm licenses. Such
  623  appointment shall be for specified locations that will best
  624  serve the public interest and convenience in applying for these
  625  licenses.
  626         (3) A tax collector seeking to be appointed to accept
  627  applications for new or renewal concealed weapon or firearm
  628  licenses must submit a written request to the program division
  629  stating his or her name, address, telephone number, each
  630  location within the county at which the tax collector wishes to
  631  accept applications, and other information as required by the
  632  program division.
  633         (a) Upon receipt of a written request, the program division
  634  shall review it and at its discretion may decline to enter into
  635  a memorandum of understanding or, if approved, enter into a
  636  memorandum of understanding with the tax collector to accept
  637  applications for new or renewal concealed weapon or firearm
  638  licenses on behalf of the department.
  639         (b) The department or the program division may rescind a
  640  memorandum of understanding for any reason at any time.
  641         (4) All personal identifying information that is provided
  642  pursuant to s. 790.06 and contained in the records of a tax
  643  collector appointed under this section is confidential and
  644  exempt as provided in s. 790.0601.
  645         (5) A tax collector appointed under this section may
  646  collect and retain a convenience fee of $22 for each new
  647  application and $12 for each renewal application and shall remit
  648  weekly to the department the license fees pursuant to s. 790.06
  649  for deposit in the Administrative Trust Fund of the department
  650  Division of Licensing Trust Fund.
  651         (6)(a) A tax collector appointed under this section may not
  652  maintain a list or record of persons who apply for or are
  653  granted a new or renewal license to carry a concealed weapon or
  654  firearm. A violation of this paragraph is subject to s. 790.335.
  655         (b) A person may not handle an application for a concealed
  656  weapon or firearm for a fee or compensation of any kind unless
  657  he or she has been appointed by the department to do so.
  658         (7) A person who willfully violates this section commits a
  659  misdemeanor of the second degree, punishable as provided in s.
  660  775.082 or s. 775.083.
  661         (8) Upon receipt of a completed renewal application, a new
  662  color photograph, and appropriate payment of fees, a tax
  663  collector authorized to accept renewal applications for
  664  concealed weapon or firearm licenses under this section may,
  665  upon approval and confirmation of license issuance by the
  666  department, print and deliver a concealed weapon or firearm
  667  license to a licensee renewing his or her license at the tax
  668  collector’s office.
  669         Section 10. Paragraph (a) of subsection (2) of section
  670  790.065, Florida Statutes, is amended to read:
  671         790.065 Sale and delivery of firearms.—
  672         (2) Upon receipt of a request for a criminal history record
  673  check, the Department of Law Enforcement shall, during the
  674  licensee’s call or by return call, forthwith:
  675         (a) Review any records available to determine if the
  676  potential buyer or transferee:
  677         1. Has been convicted of a felony and is prohibited from
  678  receipt or possession of a firearm pursuant to s. 790.23;
  679         2. Has been convicted of a misdemeanor crime of domestic
  680  violence, and therefore is prohibited from purchasing a firearm;
  681         3. Has had adjudication of guilt withheld or imposition of
  682  sentence suspended on any felony or misdemeanor crime of
  683  domestic violence unless 3 years have elapsed since probation or
  684  any other conditions set by the court have been fulfilled or
  685  expunction has occurred; or
  686         4. Has been adjudicated mentally defective or has been
  687  committed to a mental institution by a court or as provided in
  688  sub-sub-subparagraph b.(II), and as a result is prohibited by
  689  state or federal law from purchasing a firearm.
  690         a. As used in this subparagraph, “adjudicated mentally
  691  defective” means a determination by a court that a person, as a
  692  result of marked subnormal intelligence, or mental illness,
  693  incompetency, condition, or disease, is a danger to himself or
  694  herself or to others or lacks the mental capacity to contract or
  695  manage his or her own affairs. The phrase includes a judicial
  696  finding of incapacity under s. 744.331(6)(a), an acquittal by
  697  reason of insanity of a person charged with a criminal offense,
  698  and a judicial finding that a criminal defendant is not
  699  competent to stand trial.
  700         b. As used in this subparagraph, “committed to a mental
  701  institution” means:
  702         (I) Involuntary commitment, commitment for mental
  703  defectiveness or mental illness, and commitment for substance
  704  abuse. The phrase includes involuntary inpatient placement under
  705  as defined in s. 394.467, involuntary outpatient placement under
  706  as defined in s. 394.4655, involuntary assessment and
  707  stabilization under s. 397.6818, and involuntary substance abuse
  708  treatment under s. 397.6957, but does not include a person in a
  709  mental institution for observation or discharged from a mental
  710  institution based upon the initial review by the physician or a
  711  voluntary admission to a mental institution; or
  712         (II) Notwithstanding sub-sub-subparagraph (I), voluntary
  713  admission to a mental institution for outpatient or inpatient
  714  treatment of a person who had an involuntary examination under
  715  s. 394.463, where each of the following conditions have been
  716  met:
  717         (A) An examining physician found that the person is an
  718  imminent danger to himself or herself or others.
  719         (B) The examining physician certified that if the person
  720  did not agree to voluntary treatment, a petition for involuntary
  721  outpatient or inpatient treatment would have been filed under s.
  722  394.463(2)(g)4., or the examining physician certified that a
  723  petition was filed and the person subsequently agreed to
  724  voluntary treatment before prior to a court hearing on the
  725  petition.
  726         (C) Before agreeing to voluntary treatment, the person
  727  received written notice of that finding and certification, and
  728  written notice that as a result of such finding, he or she may
  729  be prohibited from purchasing a firearm, and may not be eligible
  730  to apply for or retain a concealed weapon or firearms license
  731  under s. 790.06 and the person acknowledged such notice in
  732  writing, in substantially the following form:
  733  
  734  “I understand that the doctor who examined me believes I am a
  735  danger to myself or to others. I understand that if I do not
  736  agree to voluntary treatment, a petition will be filed in court
  737  to require me to receive involuntary treatment. I understand
  738  that if that petition is filed, I have the right to contest it.
  739  In the event a petition has been filed, I understand that I can
  740  subsequently agree to voluntary treatment before prior to a
  741  court hearing. I understand that by agreeing to voluntary
  742  treatment in either of these situations, I may be prohibited
  743  from buying firearms and from applying for or retaining a
  744  concealed weapons or firearms license until I apply for and
  745  receive relief from that restriction under Florida law.”
  746  
  747         (D) A judge or a magistrate has, pursuant to sub-sub
  748  subparagraph c.(II), reviewed the record of the finding,
  749  certification, notice, and written acknowledgment classifying
  750  the person as an imminent danger to himself or herself or
  751  others, and ordered that such record be submitted to the
  752  department.
  753         c. In order to check for these conditions, the department
  754  shall compile and maintain an automated database of persons who
  755  are prohibited from purchasing a firearm based on court records
  756  of adjudications of mental defectiveness or commitments to
  757  mental institutions.
  758         (I) Except as provided in sub-sub-subparagraph (II), clerks
  759  of court shall submit these records to the department within 1
  760  month after the rendition of the adjudication or commitment.
  761  Reports shall be submitted in an automated format. The reports
  762  must, at a minimum, include the name, along with any known alias
  763  or former name, the sex, and the date of birth of the subject.
  764         (II) For persons committed to a mental institution pursuant
  765  to sub-sub-subparagraph b.(II), within 24 hours after the
  766  person’s agreement to voluntary admission, a record of the
  767  finding, certification, notice, and written acknowledgment must
  768  be filed by the administrator of the receiving or treatment
  769  facility, as defined in s. 394.455, with the clerk of the court
  770  for the county in which the involuntary examination under s.
  771  394.463 occurred. No fee shall be charged for the filing under
  772  this sub-sub-subparagraph. The clerk must present the records to
  773  a judge or magistrate within 24 hours after receipt of the
  774  records. A judge or magistrate is required and has the lawful
  775  authority to review the records ex parte and, if the judge or
  776  magistrate determines that the record supports the classifying
  777  of the person as an imminent danger to himself or herself or
  778  others, to order that the record be submitted to the department.
  779  If a judge or magistrate orders the submittal of the record to
  780  the department, the record must be submitted to the department
  781  within 24 hours.
  782         d. A person who has been adjudicated mentally defective or
  783  committed to a mental institution, as those terms are defined in
  784  this paragraph, may petition the court that made the
  785  adjudication or commitment, or the court that ordered that the
  786  record be submitted to the department pursuant to sub-sub
  787  subparagraph c.(II), for relief from the firearm disabilities
  788  imposed by such adjudication or commitment. A copy of the
  789  petition shall be served on the state attorney for the county in
  790  which the person was adjudicated or committed. The state
  791  attorney may object to and present evidence relevant to the
  792  relief sought by the petition. The hearing on the petition may
  793  be open or closed as the petitioner may choose. The petitioner
  794  may present evidence and subpoena witnesses to appear at the
  795  hearing on the petition. The petitioner may confront and cross
  796  examine witnesses called by the state attorney. A record of the
  797  hearing shall be made by a certified court reporter or by court
  798  approved electronic means. The court shall make written findings
  799  of fact and conclusions of law on the issues before it and issue
  800  a final order. The court shall grant the relief requested in the
  801  petition if the court finds, based on the evidence presented
  802  with respect to the petitioner’s reputation, the petitioner’s
  803  mental health record and, if applicable, criminal history
  804  record, the circumstances surrounding the firearm disability,
  805  and any other evidence in the record, that the petitioner will
  806  not be likely to act in a manner that is dangerous to public
  807  safety and that granting the relief would not be contrary to the
  808  public interest. If the final order denies relief, the
  809  petitioner may not petition again for relief from firearm
  810  disabilities until 1 year after the date of the final order. The
  811  petitioner may seek judicial review of a final order denying
  812  relief in the district court of appeal having jurisdiction over
  813  the court that issued the order. The review shall be conducted
  814  de novo. Relief from a firearm disability granted under this
  815  sub-subparagraph has no effect on the loss of civil rights,
  816  including firearm rights, for any reason other than the
  817  particular adjudication of mental defectiveness or commitment to
  818  a mental institution from which relief is granted.
  819         e. Upon receipt of proper notice of relief from firearm
  820  disabilities granted under sub-subparagraph d., the department
  821  shall delete any mental health record of the person granted
  822  relief from the automated database of persons who are prohibited
  823  from purchasing a firearm based on court records of
  824  adjudications of mental defectiveness or commitments to mental
  825  institutions.
  826         f. The department is authorized to disclose data collected
  827  pursuant to this subparagraph to agencies of the Federal
  828  Government and other states for use exclusively in determining
  829  the lawfulness of a firearm sale or transfer. The department is
  830  also authorized to review these disclose this data to the
  831  Department of Agriculture and Consumer Services for purposes of
  832  determining eligibility for issuance of a concealed weapons or
  833  concealed firearms license and for determining whether a basis
  834  exists for revoking or suspending a previously issued license
  835  pursuant to s. 790.06(10). When a potential buyer or transferee
  836  appeals a nonapproval based on these records, the clerks of
  837  court and mental institutions shall, upon request by the
  838  department, provide information to help determine whether the
  839  potential buyer or transferee is the same person as the subject
  840  of the record. Photographs and any other data that could confirm
  841  or negate identity must be made available to the department for
  842  such purposes, notwithstanding any other provision of state law
  843  to the contrary. Any such information that is made confidential
  844  or exempt from disclosure by law shall retain such confidential
  845  or exempt status when transferred to the department.
  846         Section 11. Paragraph (o) of subsection (3) of section
  847  790.335, Florida Statutes, is amended to read:
  848         790.335 Prohibition of registration of firearms; electronic
  849  records.—
  850         (3) EXCEPTIONS.—The provisions of this section shall not
  851  apply to:
  852         (o) Records maintained pursuant to s. 790.06 by the
  853  Department of Law Enforcement Agriculture and Consumer Services
  854  of a person who was a licensee within the prior 2 years.
  855         Section 12. Paragraph (b) of subsection (8) and paragraphs
  856  (c) and (d) of subsection (10) of section 790.401, Florida
  857  Statutes, are amended to read:
  858         790.401 Risk protection orders.—
  859         (8) RETURN AND DISPOSAL OF FIREARMS AND AMMUNITION.—
  860         (b) If a risk protection order is vacated or ends without
  861  extension, the Department of Law Enforcement Agriculture and
  862  Consumer Services, if it has suspended a license to carry a
  863  concealed weapon or firearm pursuant to this section, must
  864  reinstate such license only after confirming that the respondent
  865  is currently eligible to have a license to carry a concealed
  866  weapon or firearm pursuant to s. 790.06.
  867         (10) REPORTING OF ORDERS.—
  868         (c) The issuing court shall, within 3 business days after
  869  issuance of a risk protection order or temporary ex parte risk
  870  protection order, forward all available identifying information
  871  concerning the respondent, along with the date of order
  872  issuance, to the Department of Law Enforcement Agriculture and
  873  Consumer Services. Upon receipt of the information, the
  874  department shall determine if the respondent has a license to
  875  carry a concealed weapon or firearm. If the respondent does have
  876  a license to carry a concealed weapon or firearm, the department
  877  must immediately suspend the license.
  878         (d) If a risk protection order is vacated before its end
  879  date, the clerk of the court shall, on the day of the order to
  880  vacate, forward a copy of the order to the Department of Law
  881  Enforcement Agriculture and Consumer Services and the
  882  appropriate law enforcement agency specified in the order to
  883  vacate. Upon receipt of the order, the law enforcement agency
  884  shall promptly remove the order from any computer-based system
  885  in which it was entered pursuant to paragraph (b).
  886         Section 13. Paragraph (e) of subsection (3) of section
  887  943.053, Florida Statutes, is amended to read:
  888         943.053 Dissemination of criminal justice information;
  889  fees.—
  890         (3)
  891         (e) The fee per record for criminal history information
  892  provided pursuant to this subsection and s. 943.0542 is $24 per
  893  name submitted, except that the fee for the guardian ad litem
  894  program and vendors of the Department of Children and Families,
  895  the Department of Juvenile Justice, the Agency for Persons with
  896  Disabilities, and the Department of Elderly Affairs shall be $8
  897  for each name submitted; the fee for a state criminal history
  898  provided for application processing as required by law to be
  899  performed by the Department of Law Enforcement Agriculture and
  900  Consumer Services shall be $15 for each name submitted; and the
  901  fee for requests under s. 943.0542, which implements the
  902  National Child Protection Act, shall be $18 for each volunteer
  903  name submitted. The state offices of the Public Defender shall
  904  not be assessed a fee for Florida criminal history information
  905  or wanted person information.
  906         Section 14. Paragraph (a) of subsection (4) of section
  907  943.059, Florida Statutes, is amended to read:
  908         943.059 Court-ordered sealing of criminal history records.
  909  The courts of this state shall continue to have jurisdiction
  910  over their own procedures, including the maintenance, sealing,
  911  and correction of judicial records containing criminal history
  912  information to the extent such procedures are not inconsistent
  913  with the conditions, responsibilities, and duties established by
  914  this section. Any court of competent jurisdiction may order a
  915  criminal justice agency to seal the criminal history record of a
  916  minor or an adult who complies with the requirements of this
  917  section. The court shall not order a criminal justice agency to
  918  seal a criminal history record until the person seeking to seal
  919  a criminal history record has applied for and received a
  920  certificate of eligibility for sealing pursuant to subsection
  921  (2). A criminal history record that relates to a violation of s.
  922  393.135, s. 394.4593, s. 787.025, chapter 794, former s. 796.03,
  923  s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s. 827.071,
  924  chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135,
  925  s. 916.1075, a violation enumerated in s. 907.041, or any
  926  violation specified as a predicate offense for registration as a
  927  sexual predator pursuant to s. 775.21, without regard to whether
  928  that offense alone is sufficient to require such registration,
  929  or for registration as a sexual offender pursuant to s.
  930  943.0435, may not be sealed, without regard to whether
  931  adjudication was withheld, if the defendant was found guilty of
  932  or pled guilty or nolo contendere to the offense, or if the
  933  defendant, as a minor, was found to have committed or pled
  934  guilty or nolo contendere to committing the offense as a
  935  delinquent act. The court may only order sealing of a criminal
  936  history record pertaining to one arrest or one incident of
  937  alleged criminal activity, except as provided in this section.
  938  The court may, at its sole discretion, order the sealing of a
  939  criminal history record pertaining to more than one arrest if
  940  the additional arrests directly relate to the original arrest.
  941  If the court intends to order the sealing of records pertaining
  942  to such additional arrests, such intent must be specified in the
  943  order. A criminal justice agency may not seal any record
  944  pertaining to such additional arrests if the order to seal does
  945  not articulate the intention of the court to seal records
  946  pertaining to more than one arrest. This section does not
  947  prevent the court from ordering the sealing of only a portion of
  948  a criminal history record pertaining to one arrest or one
  949  incident of alleged criminal activity. Notwithstanding any law
  950  to the contrary, a criminal justice agency may comply with laws,
  951  court orders, and official requests of other jurisdictions
  952  relating to sealing, correction, or confidential handling of
  953  criminal history records or information derived therefrom. This
  954  section does not confer any right to the sealing of any criminal
  955  history record, and any request for sealing a criminal history
  956  record may be denied at the sole discretion of the court.
  957         (4) EFFECT OF CRIMINAL HISTORY RECORD SEALING.—A criminal
  958  history record of a minor or an adult which is ordered sealed by
  959  a court pursuant to this section is confidential and exempt from
  960  the provisions of s. 119.07(1) and s. 24(a), Art. I of the State
  961  Constitution and is available only to the person who is the
  962  subject of the record, to the subject’s attorney, to criminal
  963  justice agencies for their respective criminal justice purposes,
  964  which include conducting a criminal history background check for
  965  approval of firearms purchases or transfers as authorized by
  966  state or federal law, to judges in the state courts system for
  967  the purpose of assisting them in their case-related
  968  decisionmaking responsibilities, as set forth in s. 943.053(5),
  969  or to those entities set forth in subparagraphs (a)1., 4., 5.,
  970  6., 8., 9., and 10. for their respective licensing, access
  971  authorization, and employment purposes.
  972         (a) The subject of a criminal history record sealed under
  973  this section or under other provisions of law, including former
  974  s. 893.14, former s. 901.33, and former s. 943.058, may lawfully
  975  deny or fail to acknowledge the arrests covered by the sealed
  976  record, except when the subject of the record:
  977         1. Is a candidate for employment with a criminal justice
  978  agency;
  979         2. Is a defendant in a criminal prosecution;
  980         3. Concurrently or subsequently petitions for relief under
  981  this section, s. 943.0583, or s. 943.0585;
  982         4. Is a candidate for admission to The Florida Bar;
  983         5. Is seeking to be employed or licensed by or to contract
  984  with the Department of Children and Families, the Division of
  985  Vocational Rehabilitation within the Department of Education,
  986  the Agency for Health Care Administration, the Agency for
  987  Persons with Disabilities, the Department of Health, the
  988  Department of Elderly Affairs, or the Department of Juvenile
  989  Justice or to be employed or used by such contractor or licensee
  990  in a sensitive position having direct contact with children, the
  991  disabled, or the elderly;
  992         6. Is seeking to be employed or licensed by the Department
  993  of Education, a district school board, a university laboratory
  994  school, a charter school, a private or parochial school, or a
  995  local governmental entity that licenses child care facilities;
  996         7. Is attempting to purchase a firearm from a licensed
  997  importer, licensed manufacturer, or licensed dealer and is
  998  subject to a criminal history check under state or federal law;
  999         8. Is seeking to be licensed by the Division of Insurance
 1000  Agent and Agency Services within the Department of Financial
 1001  Services;
 1002         9. Is seeking to be appointed as a guardian pursuant to s.
 1003  744.3125; or
 1004         10. Is seeking to be licensed by the Department of Law
 1005  Enforcement Bureau of License Issuance of the Division of
 1006  Licensing within the Department of Agriculture and Consumer
 1007  Services to carry a concealed weapon or concealed firearm. This
 1008  subparagraph applies only in the determination of an applicant’s
 1009  eligibility under s. 790.06.
 1010         Section 15. Section 943.367, Florida Statutes, is amended
 1011  to read:
 1012         943.367 Administrative Trust Fund.—
 1013         (1) The Administrative Trust Fund is created within the
 1014  Department of Law Enforcement.
 1015         (2) The fund is established for use as a depository for
 1016  funds to be used for concealed weapons licensing and management
 1017  activities that are departmentwide in nature and funded by
 1018  indirect cost earnings or assessments against trust funds.
 1019  Moneys to be credited to the trust fund include payments and
 1020  fees received relating to concealed weapons licensing, indirect
 1021  cost reimbursements from grantors, administrative assessments
 1022  against trust funds, interest earnings, and other appropriate
 1023  administrative fees.
 1024         (3) Notwithstanding the provisions of s. 216.301 and
 1025  pursuant to s. 216.351, any balance in the trust fund at the end
 1026  of any fiscal year shall remain in the trust fund at the end of
 1027  the year and shall be available for carrying out the purposes of
 1028  the trust fund.
 1029         Section 16. This act shall take effect January 1, 2020.

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