Bill Text: FL S1562 | 2019 | Regular Session | Introduced
Bill Title: Exceptions to Requirements for the Purchase and Sale of Firearms
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2019-05-03 - Died in Judiciary [S1562 Detail]
Download: Florida-2019-S1562-Introduced.html
Florida Senate - 2019 SB 1562 By Senator Gruters 23-01318-19 20191562__ 1 A bill to be entitled 2 An act relating to exceptions to requirements for the 3 purchase and sale of firearms; amending s. 790.001, 4 F.S.; defining the term “holder of a concealed weapons 5 permit” and revising the definition of the term “law 6 enforcement officer”; amending s. 790.0655, F.S.; 7 deleting a cross-reference; creating s. 790.0656, 8 F.S.; exempting holders of a concealed weapons permit 9 from specified county waiting period requirements when 10 purchasing a firearm; amending ss. 790.06, 790.115, 11 790.145, 810.095, and 921.0024, F.S.; conforming 12 provisions to changes made by the act; providing an 13 effective date. 14 15 WHEREAS, s. 8(b) of Article I of the State Constitution, 16 which requires a waiting period for the purchase and delivery of 17 a handgun, provides that “Holders of a concealed weapon permit 18 as prescribed in Florida law shall not be subject to the 19 provisions of this paragraph,” and 20 WHEREAS, s. 5(b) of Article VIII of the State Constitution, 21 which authorizes a county to require a waiting period for the 22 purchase and delivery of a handgun, provides that “Holders of a 23 concealed weapons permit as prescribed by general law shall not 24 be subject to the provisions of this subsection when purchasing 25 a firearm,” and 26 WHEREAS, law enforcement officers certified under chapter 27 943, Florida Statues, are deemed by the Legislature to meet the 28 requirements for holding concealed weapons permits, NOW, 29 THEREFORE, 30 31 Be It Enacted by the Legislature of the State of Florida: 32 33 Section 1. Subsections (7)-(19) of section 790.001, Florida 34 Statutes, are renumbered as subsections (8)-(20), respectively, 35 present subsection (8) of that section is amended, and a new 36 subsection (7) is added to that section, to read: 37 790.001 Definitions.—As used in this chapter, except where 38 the context otherwise requires: 39 (7) “Holder of a concealed weapons permit” means a holder 40 of a license issued under s. 790.06 or a full-time, part-time, 41 or auxiliary law enforcement officer, as defined in s. 943.10, 42 who is certified under chapter 943. 43 (9)(8)“Law enforcement officer” means: 44 (a) All officers or employees of the United States or the 45 State of Florida, or any agency, commission, department, board, 46 division, municipality, or subdivision thereof, who have 47 authority to make arrests; 48 (b) Officers or employees of the United States or the State 49 of Florida, or any agency, commission, department, board, 50 division, municipality, or subdivision thereof, duly authorized 51 to carry a concealed weapon; 52 (c) Members of the Armed Forces of the United States, the 53 organized reserves, state militia, or Florida National Guard, 54 when on duty, when preparing themselves for, or going to or 55 from, military duty, or under orders; 56 (d) County or municipal corrections officers who have the 57 responsibility of supervision, protection, care, custody, and 58 control or investigation of municipal or county inmatesAn59employee of the state prisons or correctional systems who has60been so designated by the Department of Corrections or by a61warden of an institution; 62 (e) All peace officers and all certified supervisory and 63 command personnel whose duties include, in whole or in part, the 64 supervision, training, guidance, and management responsibilities 65 of full-time law enforcement officers, part-time law enforcement 66 officers, or auxiliary law enforcement officers, but not 67 including support personnel employed by the employing agency; 68 and 69 (f) All state attorneys and United States attorneys and 70 their respective assistants and investigators. 71 Section 2. Paragraph (a) of subsection (2) of section 72 790.0655, Florida Statutes, is amended to read: 73 790.0655 Purchase and delivery of firearms; mandatory 74 waiting period; exceptions; penalties.— 75 (2) The waiting period does not apply in the following 76 circumstances: 77 (a) When a firearm is being purchased by a holder of a 78 concealed weapons permitas defined in s. 790.06. 79 Section 3. Section 790.0656, Florida Statutes, is created 80 to read: 81 790.0656 Sale of firearms; county requirements; 82 exceptions.—Waiting period requirements adopted by a county 83 pursuant to s. 5(b), Art. VIII of the State Constitution in 84 connection with the sale of a firearm occurring within the 85 county do not apply if the firearm is being purchased by a 86 holder of a concealed weapons permit. 87 Section 4. Subsection (1) of section 790.06, Florida 88 Statutes, is amended to read: 89 790.06 License to carry concealed weapon or firearm.— 90 (1) The Department of Agriculture and Consumer Services is 91 authorized to issue licenses to carry concealed weapons or 92 concealed firearms to persons qualified as provided in this 93 section. Each such license must bear a color photograph of the 94 licensee. For the purposes of this section, concealed weapons or 95 concealed firearms are defined as a handgun, electronic weapon 96 or device, tear gas gun, knife, or billie, but the term does not 97 include a machine gun as defined in s. 790.001790.001(9). Such 98 licenses shall be valid throughout the state for a period of 7 99 years from the date of issuance. Any person in compliance with 100 the terms of such license may carry a concealed weapon or 101 concealed firearm notwithstanding the provisions of s. 790.01. 102 The licensee must carry the license, together with valid 103 identification, at all times in which the licensee is in actual 104 possession of a concealed weapon or firearm and must display 105 both the license and proper identification upon demand by a law 106 enforcement officer. Violations of the provisions of this 107 subsection shall constitute a noncriminal violation with a 108 penalty of $25, payable to the clerk of the court. 109 Section 5. Subsection (1) and paragraphs (a) and (b) of 110 subsection (2) of section 790.115, Florida Statutes, are amended 111 to read: 112 790.115 Possessing or discharging weapons or firearms at a 113 school-sponsored event or on school property prohibited; 114 penalties; exceptions.— 115 (1) A person who exhibits any sword, sword cane, firearm, 116 electric weapon or device, destructive device, or other weapon 117 as defined in s. 790.001790.001(13), including a razor blade, 118 box cutter, or common pocketknife, except as authorized in 119 support of school-sanctioned activities, in the presence of one 120 or more persons in a rude, careless, angry, or threatening 121 manner and not in lawful self-defense, at a school-sponsored 122 event or on the grounds or facilities of any school, school bus, 123 or school bus stop, or within 1,000 feet of the real property 124 that comprises a public or private elementary school, middle 125 school, or secondary school, during school hours or during the 126 time of a sanctioned school activity, commits a felony of the 127 third degree, punishable as provided in s. 775.082, s. 775.083, 128 or s. 775.084. This subsection does not apply to the exhibition 129 of a firearm or weapon on private real property within 1,000 130 feet of a school by the owner of such property or by a person 131 whose presence on such property has been authorized, licensed, 132 or invited by the owner. 133 (2)(a) A person shall not possess any firearm, electric 134 weapon or device, destructive device, or other weapon as defined 135 in s. 790.001790.001(13), including a razor blade or box 136 cutter, except as authorized in support of school-sanctioned 137 activities, at a school-sponsored event or on the property of 138 any school, school bus, or school bus stop; however, a person 139 may carry a firearm: 140 1. In a case to a firearms program, class or function which 141 has been approved in advance by the principal or chief 142 administrative officer of the school as a program or class to 143 which firearms could be carried; 144 2. In a case to a career center having a firearms training 145 range; or 146 3. In a vehicle pursuant to s. 790.25(5); except that 147 school districts may adopt written and published policies that 148 waive the exception in this subparagraph for purposes of student 149 and campus parking privileges. 150 151 For the purposes of this section, “school” means any preschool, 152 elementary school, middle school, junior high school, secondary 153 school, career center, or postsecondary school, whether public 154 or nonpublic. 155 (b) A person who willfully and knowingly possesses any 156 electric weapon or device, destructive device, or other weapon 157 as defined in s. 790.001790.001(13), including a razor blade or 158 box cutter, except as authorized in support of school-sanctioned 159 activities, in violation of this subsection commits a felony of 160 the third degree, punishable as provided in s. 775.082, s. 161 775.083, or s. 775.084. 162 Section 6. Subsection (1) of section 790.145, Florida 163 Statutes, is amended to read: 164 790.145 Crimes in pharmacies; possession of weapons; 165 penalties.— 166 (1) Unless otherwise provided by law, any person who is in 167 possession of a concealed“firearm,” as defined in s.168790.001(6),or a“destructive device,” as defined in s.169790.001(4),within the premises of a “pharmacy,” as defined in 170 chapter 465, commitsis guilty ofa felony of the third degree, 171 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 172 Section 7. Subsection (1) of section 810.095, Florida 173 Statutes, is amended to read: 174 810.095 Trespass on school property with firearm or other 175 weapon prohibited.— 176 (1) It is a felony of the third degree, punishable as 177 provided in s. 775.082, s. 775.083, or s. 775.084, for a person 178 who is trespassing upon school property to bring onto, or to 179 possess on, such school property any weapon as defined in s. 180 790.001790.001(13)or any firearm. 181 Section 8. Paragraph (b) of subsection (1) of section 182 921.0024, Florida Statutes, is amended to read: 183 921.0024 Criminal Punishment Code; worksheet computations; 184 scoresheets.— 185 (1) 186 (b) WORKSHEET KEY: 187 188 Legal status points are assessed when any form of legal status 189 existed at the time the offender committed an offense before the 190 court for sentencing. Four (4) sentence points are assessed for 191 an offender’s legal status. 192 193 Community sanction violation points are assessed when a 194 community sanction violation is before the court for sentencing. 195 Six (6) sentence points are assessed for each community sanction 196 violation and each successive community sanction violation, 197 unless any of the following apply: 198 1. If the community sanction violation includes a new 199 felony conviction before the sentencing court, twelve (12) 200 community sanction violation points are assessed for the 201 violation, and for each successive community sanction violation 202 involving a new felony conviction. 203 2. If the community sanction violation is committed by a 204 violent felony offender of special concern as defined in s. 205 948.06: 206 a. Twelve (12) community sanction violation points are 207 assessed for the violation and for each successive violation of 208 felony probation or community control where: 209 I. The violation does not include a new felony conviction; 210 and 211 II. The community sanction violation is not based solely on 212 the probationer or offender’s failure to pay costs or fines or 213 make restitution payments. 214 b. Twenty-four (24) community sanction violation points are 215 assessed for the violation and for each successive violation of 216 felony probation or community control where the violation 217 includes a new felony conviction. 218 219 Multiple counts of community sanction violations before the 220 sentencing court shall not be a basis for multiplying the 221 assessment of community sanction violation points. 222 223 Prior serious felony points: If the offender has a primary 224 offense or any additional offense ranked in level 8, level 9, or 225 level 10, and one or more prior serious felonies, a single 226 assessment of thirty (30) points shall be added. For purposes of 227 this section, a prior serious felony is an offense in the 228 offender’s prior record that is ranked in level 8, level 9, or 229 level 10 under s. 921.0022 or s. 921.0023 and for which the 230 offender is serving a sentence of confinement, supervision, or 231 other sanction or for which the offender’s date of release from 232 confinement, supervision, or other sanction, whichever is later, 233 is within 3 years before the date the primary offense or any 234 additional offense was committed. 235 236 Prior capital felony points: If the offender has one or more 237 prior capital felonies in the offender’s criminal record, points 238 shall be added to the subtotal sentence points of the offender 239 equal to twice the number of points the offender receives for 240 the primary offense and any additional offense. A prior capital 241 felony in the offender’s criminal record is a previous capital 242 felony offense for which the offender has entered a plea of nolo 243 contendere or guilty or has been found guilty; or a felony in 244 another jurisdiction which is a capital felony in that 245 jurisdiction, or would be a capital felony if the offense were 246 committed in this state. 247 248 Possession of a firearm, semiautomatic firearm, or machine gun: 249 If the offender is convicted of committing or attempting to 250 commit any felony other than those enumerated in s. 775.087(2) 251 while having in his or her possession: a firearm as defined in 252 s. 790.001(6), an additional eighteen (18) sentence points are 253 assessed; or if the offender is convicted of committing or 254 attempting to commit any felony other than those enumerated in 255 s. 775.087(3) while having in his or her possession a 256 semiautomatic firearm as defined in s. 775.087(3) or a machine 257 gun as defined in s. 790.001790.001(9), an additional twenty 258 five (25) sentence points are assessed. 259 260 Sentencing multipliers: 261 262 Drug trafficking: If the primary offense is drug trafficking 263 under s. 893.135, the subtotal sentence points are multiplied, 264 at the discretion of the court, for a level 7 or level 8 265 offense, by 1.5. The state attorney may move the sentencing 266 court to reduce or suspend the sentence of a person convicted of 267 a level 7 or level 8 offense, if the offender provides 268 substantial assistance as described in s. 893.135(4). 269 270 Law enforcement protection: If the primary offense is a 271 violation of the Law Enforcement Protection Act under s. 272 775.0823(2), (3), or (4), the subtotal sentence points are 273 multiplied by 2.5. If the primary offense is a violation of s. 274 775.0823(5), (6), (7), (8), or (9), the subtotal sentence points 275 are multiplied by 2.0. If the primary offense is a violation of 276 s. 784.07(3) or s. 775.0875(1), or of the Law Enforcement 277 Protection Act under s. 775.0823(10) or (11), the subtotal 278 sentence points are multiplied by 1.5. 279 280 Grand theft of a motor vehicle: If the primary offense is grand 281 theft of the third degree involving a motor vehicle and in the 282 offender’s prior record, there are three or more grand thefts of 283 the third degree involving a motor vehicle, the subtotal 284 sentence points are multiplied by 1.5. 285 286 Offense related to a criminal gang: If the offender is convicted 287 of the primary offense and committed that offense for the 288 purpose of benefiting, promoting, or furthering the interests of 289 a criminal gang as defined in s. 874.03, the subtotal sentence 290 points are multiplied by 1.5. If applying the multiplier results 291 in the lowest permissible sentence exceeding the statutory 292 maximum sentence for the primary offense under chapter 775, the 293 court may not apply the multiplier and must sentence the 294 defendant to the statutory maximum sentence. 295 296 Domestic violence in the presence of a child: If the offender is 297 convicted of the primary offense and the primary offense is a 298 crime of domestic violence, as defined in s. 741.28, which was 299 committed in the presence of a child under 16 years of age who 300 is a family or household member as defined in s. 741.28(3) with 301 the victim or perpetrator, the subtotal sentence points are 302 multiplied by 1.5. 303 304 Adult-on-minor sex offense: If the offender was 18 years of age 305 or older and the victim was younger than 18 years of age at the 306 time the offender committed the primary offense, and if the 307 primary offense was an offense committed on or after October 1, 308 2014, and is a violation of s. 787.01(2) or s. 787.02(2), if the 309 violation involved a victim who was a minor and, in the course 310 of committing that violation, the defendant committed a sexual 311 battery under chapter 794 or a lewd act under s. 800.04 or s. 312 847.0135(5) against the minor; s. 787.01(3)(a)2. or 3.; s. 313 787.02(3)(a)2. or 3.; s. 794.011, excluding s. 794.011(10); s. 314 800.04; or s. 847.0135(5), the subtotal sentence points are 315 multiplied by 2.0. If applying the multiplier results in the 316 lowest permissible sentence exceeding the statutory maximum 317 sentence for the primary offense under chapter 775, the court 318 may not apply the multiplier and must sentence the defendant to 319 the statutory maximum sentence. 320 Section 9. This act shall take effect July 1, 2019.