Bill Text: FL S0108 | 2019 | Regular Session | Introduced
Bill Title: Regulation of Concealed Weapons Licenses
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Failed) 2019-05-03 - Died in Judiciary [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, forthe limited69purpose ofdetermining 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 EnforcementAgriculture and77Consumer Servicesis 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 notwithstandingthe88provisions ofs. 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 ofViolations ofthe provisions ofthis subsection is 94shall constitutea noncriminal violation with a penalty of $25, 95 payable to the clerk of the court. 96 (2) The Department of Law EnforcementAgriculture and97Consumer Servicesshall 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 thatwhich108 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 underthe provisions ofchapter 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 underthe provisions offormer 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 EnforcementAgriculture 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 EnforcementAgriculture and206Consumer Servicesshall 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 departmentof Agriculture and Consumer Servicesshall 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 of218Law Enforcementand 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 EnforcementAgriculture229and Consumer Servicesand 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 EnforcementAgriculture and Consumer Servicesor 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 of271Licensing ofthe Department of Law Enforcement,Agriculture and272Consumer Servicesor 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 prepareforwardthe full set 293 of fingerprints of the applicantto the Department of Law294Enforcementfor 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 Enforcementby the Department of Agriculture and Consumer299Services. 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 EnforcementAgriculture and304Consumer Servicesshall, 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 EnforcementAgriculture and Consumer Servicesdenies 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. IfIn the eventthe 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) IfIn the eventa legible set of fingerprints, as 320 determined by the Department of Law EnforcementAgriculture and321Consumer Servicesor the Federal Bureau of Investigation, cannot 322 be obtained after two attempts, the Department of Law 323 EnforcementAgriculture and Consumer Servicesshall determine 324 eligibility based upon the name checks conducted by theFlorida325 departmentof 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), andanonrefundable 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 EnforcementAgriculture and338Consumer Servicesshall, 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 EnforcementAgriculture and343Consumer Servicesshall 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 EnforcementAgriculture and Consumer Servicesof such change. 352 Failure to notify the departmentof Agriculture and Consumer353Servicespursuant tothe provisions ofthis subsection isshall354constitutea noncriminal violation with a penalty of $25. 355 (9) IfIn the event thata 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 EnforcementAgriculture359and Consumer Services, obtain a duplicate, or substitute 360 thereof, upon furnishing a notarized statement to the department 361of Agriculture and Consumer Servicesthat 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 thatwhich368 prevents the safe handling of a weapon or firearm; 369 (c) Is convicted of a felony thatwhichwould make the 370 licensee ineligible to possess a firearm pursuant to s. 790.23; 371 (d) Is found guilty of a crime underthe provisions of372 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 givenbyeither 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 392Agriculture and Consumer Services, orbypersonal 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,byeither 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,bye 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 EnforcementAgriculture and411Consumer Servicesshall mail to each licensee a written notice 412 of the expiration and a renewal form prescribed by the 413 departmentof Agriculture and Consumer Services. The licensee 414 must renew his or her license on or before the expiration date 415 by filing with the departmentof Agriculture and Consumer416Servicesthe 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 447Agriculture and Consumer Servicesa 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 497Division of Licensing Trust Fund, and the Legislature shall 498 appropriate from the fund those amounts deemed necessary to 499 administerthe provisions ofthis section. All revenues 500 collected, less those costs determined by the departmentof501Agriculture and Consumer Servicesto be nonrecurring or one-time 502 costs, shall be deferred over the 7-year licensure period. 503 Notwithstandingthe provisions ofs. 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 tothe509provisions ofthis 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 underthe provisions ofthis section is subjectively 518 or arbitrarily denied his or her rights. The Department of Law 519 EnforcementAgriculture and Consumer Servicesshall implement 520 and administerthe provisions ofthis section. The Legislature 521 does not delegate to the departmentof Agriculture and Consumer522Servicesthe 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 thatwhichencumber the issuing process by placing burdens 526 on the applicant beyond those sworn statements and specified 527 documents detailed in this section or thatwhichcreate 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 EnforcementAgriculture and536Consumer Servicesshall 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 theDivision of547Licensing of theDepartment of Law EnforcementAgriculture and548Consumer Servicesis 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 departmentdivision551 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 EnforcementAgriculture and556Consumer Servicesto 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 EnforcementAgriculture and570Consumer 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 withthe provisions of582 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 withthe provisions ofs. 790.06(2)(h). The Department of 585 Law EnforcementAgriculture and Consumer Servicesshall 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 EnforcementAgriculture and Consumer Servicesshall 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 EnforcementAgriculture and601Consumer Servicesshall 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 615Agriculture and Consumer Services. 616 (b) “Program” means the Concealed Weapons Licensing Program 617“Division” means the Division of Licensingof the Department of 618 Law EnforcementAgriculture 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 622divisionfor 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 programdivision629 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 programdivision. 633 (a) Upon receipt of a written request, the programdivision634 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 programdivisionmay 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 650Division 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 705as defined ins. 394.467, involuntary outpatient placement under 706as defined ins. 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 beforeprior toa 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 beforeprior toa 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 thesedisclose thisdatato the831Department of Agriculture and Consumer Servicesfor 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 EnforcementAgriculture and Consumer Services854 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 EnforcementAgriculture and862Consumer 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 EnforcementAgriculture and873Consumer 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 EnforcementAgriculture and Consumer Servicesand 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 EnforcementAgriculture and900Consumer Servicesshall 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 960the provisions ofs. 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 EnforcementBureau of License Issuance of the Division of1006Licensing within the Department of Agriculture and Consumer1007Servicesto 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) Notwithstandingthe provisions ofs. 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.