Bill Text: FL S0290 | 2015 | Regular Session | Enrolled
Bill Title: Carrying a Concealed Weapon or a Concealed Firearm
Spectrum: Slight Partisan Bill (Republican 5-2)
Status: (Passed) 2015-05-22 - Chapter No. 2015-44 [S0290 Detail]
Download: Florida-2015-S0290-Enrolled.html
ENROLLED 2015 Legislature CS for CS for SB 290 2015290er 1 2 An act relating to carrying a concealed weapon or a 3 concealed firearm; amending s. 790.01, F.S.; providing 4 an exemption from criminal penalties for carrying a 5 concealed weapon or a concealed firearm when 6 evacuating pursuant to a mandatory evacuation order 7 during a declared state of emergency; defining the 8 term “in the act of evacuating”; providing an 9 effective date. 10 11 Be It Enacted by the Legislature of the State of Florida: 12 13 Section 1. Section 790.01, Florida Statutes, is amended to 14 read: 15 790.01 Unlicensed carrying of concealed weapons or 16 concealed firearms.— 17 (1) Except as provided in subsection (3)(4), a person who 18 is not licensed under s. 790.06 and who carries a concealed 19 weapon or electric weapon or device on or about his or her 20 person commits a misdemeanor of the first degree, punishable as 21 provided in s. 775.082 or s. 775.083. 22 (2) Except as provided in subsection (3), a person who is 23 not licensed under s. 790.06 and who carries a concealed firearm 24 on or about his or her person commits a felony of the third 25 degree, punishable as provided in s. 775.082, s. 775.083, or s. 26 775.084. 27 (3) This section does not apply to:a person licensed to28carry a concealed weapon or a concealed firearm pursuant to the29provisions of s. 790.06.30 (a) A person who carries a concealed weapon, or a person 31 who may lawfully possess a firearm and who carries a concealed 32 firearm, on or about his or her person while in the act of 33 evacuating during a mandatory evacuation order issued during a 34 state of emergency declared by the Governor pursuant to chapter 35 252 or declared by a local authority pursuant to chapter 870. As 36 used in this subsection, the term “in the act of evacuating” 37 means the immediate and urgent movement of a person away from 38 the evacuation zone within 48 hours after a mandatory evacuation 39 is ordered. The 48 hours may be extended by an order issued by 40 the Governor. 41 (b)(4)It is not a violation of this section forA person 42 who carriesto carryfor purposes of lawful self-defense, in a 43 concealed manner: 44 1.(a)A self-defense chemical spray. 45 2.(b)A nonlethal stun gun or dart-firing stun gun or other 46 nonlethal electric weapon or device that is designed solely for 47 defensive purposes. 48 (4)(5)This section does not preclude any prosecution for 49 the use of an electric weapon or device, a dart-firing stun gun, 50 or a self-defense chemical spray during the commission of any 51 criminal offense under s. 790.07, s. 790.10, s. 790.23, or s. 52 790.235, or for any other criminal offense. 53 Section 2. This act shall take effect upon becoming a law.