726 Questions
What is the minimum number of components required for an object to be considered ammunition?
3
What is the primary characteristic of an antique firearm?
It was manufactured in or before 1918.
What is the primary distinction between a concealed firearm and a concealed weapon?
The type of weapon.
Which of the following is NOT considered a concealed weapon?
Self-defense chemical spray
What is the primary characteristic of a dart-firing stun gun?
It delivers an electrical current.
What is the primary purpose of a self-defense chemical spray?
Lawful self-defense.
What is the maximum amount of chemical allowed in a self-defense chemical spray?
2 ounces
What is the primary distinction between a firearm and a weapon?
The manner of concealment.
What is the definition of a destructive device?
Any bomb, grenade, mine, rocket, or similar device containing an explosive, incendiary, or poison gas
What is excluded from the definition of a destructive device?
A shotgun shell
What is the definition of an electric weapon or device?
Any device that is designed to be used for offensive or defensive purposes
What is the definition of an explosive?
Any chemical compound that has the property of yielding readily to combustion or oxidation
What is excluded from the definition of an explosive?
Shotgun shells
What is the definition of a firearm?
Any device that is designed to expel a projectile by the action of an explosive
What is excluded from the definition of a firearm?
An antique firearm
What is the definition of a handgun?
A firearm that is capable of being carried and used by one hand
What is an indictment?
A formal accusation of a crime
What is a destructive device that is declared by the Bureau of Alcohol, Tobacco, and Firearms?
Any device that is declared by the Bureau of Alcohol, Tobacco, and Firearms
What is the minimum age requirement for a nonresident to carry a concealed weapon or concealed firearm?
21 years of age
What is the duration of validity for a license to carry a concealed weapon or firearm issued in another state?
90 days
Who is exempt from the licensing and penal provisions of this chapter?
Law enforcement officers at any time
What is the definition of a “qualified law enforcement officer” in 18 U.S.C.s. 926B(c)?
A law enforcement officer certified by the Criminal Justice Standards and Training Commission
Under what circumstances can an officer make an arrest without a warrant?
With probable cause and reasonable grounds
What is the definition of a “qualified retired law enforcement officer” in 18 U.S.C.s. 926C(c)?
A retired law enforcement officer who separated from service under certain conditions
Who may perform law enforcement functions during off-duty hours?
Law enforcement officers at the discretion of their superior officers
What is the requirement for a nonresident to carry a concealed weapon or concealed firearm?
The individual must be 21 years of age or older
What is the effect of a law enforcement officer carrying a concealed firearm off-duty as a private citizen?
The officer's agency is not liable for the use of the firearm
What is the purpose of the exemption in s. 790.06?
To allow law enforcement officers to carry concealed firearms without a license
What is the penalty for a person who carries a concealed firearm without a license, as defined in s. 790.001?
A felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Under what circumstances is a person not violating this section?
If the person is lawfully in possession of a concealed weapon or concealed firearm and carries it on or about their person while in the act of evacuating during a mandatory evacuation order.
What is the burden of proof in any prosecution for a violation of subsection (2) or subsection (3)?
The state must prove that the person is not licensed under s. 790.06 and that they are ineligible to receive and maintain such a license.
What is the penalty for a violation of subsection (1)(b) of s. 790.013?
A noncriminal violation punishable by a $25 fine.
What is the requirement for a nonresident of Florida to carry a concealed weapon or concealed firearm in this state?
The nonresident must be a resident of the United States who is 21 years of age or older and satisfy the criteria for receiving and maintaining a license to carry a concealed weapon or concealed firearm.
What is the definition of 'in the act of evacuating'?
The immediate and urgent movement of a person away from the evacuation zone within 48 hours after a mandatory evacuation is ordered.
What is the penalty for using an electric weapon or device, a dart-firing stun gun, or a self-defense chemical spray during the commission of any criminal offense?
A felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
What is the requirement for a person who carries a concealed weapon or concealed firearm to display identification?
A person who carries a concealed weapon or concealed firearm must display identification upon demand by a law enforcement officer.
What is the penalty for a nonresident of Florida who carries a concealed weapon or concealed firearm without a license?
The same penalty as a resident of Florida who carries a concealed weapon or concealed firearm without a license.
What is the definition of 'concealed weapon' or 'concealed firearm'?
A weapon or firearm that is fully hidden from view.
What is the definition of a 'law enforcement officer' according to the Florida statute?
All officers or employees of the United States or the State of Florida, or any agency, commission, department, board, division, municipality, or subdivision thereof, who have authority to make arrests
What is the definition of a 'machine gun' according to the Florida statute?
Any firearm that shoots automatically more than one shot, without manually reloading, by a single function of the trigger
What is the definition of 'readily accessible for immediate use' according to the Florida statute?
A firearm or other weapon is carried on the person or within such close proximity and in such a manner that it can be retrieved and used as easily and quickly as if carried on the person
What is the definition of 'securely encased' according to the Florida statute?
All of the above
What is the definition of a 'short-barreled rifle' according to the Florida statute?
A rifle having one or more barrels less than 16 inches in length and any weapon made from a rifle if such weapon as modified has an overall length of less than 26 inches
What is the definition of a 'slungshot' according to the Florida statute?
A small mass of metal, stone, sand, or similar material fixed on a flexible handle, strap, or the like, used as a weapon
What is the definition of a 'sterile area' according to the Florida statute?
The area of an airport to which access is controlled by the inspection of persons and property in accordance with federally approved airport security programs
Who is authorized to carry a concealed weapon or concealed firearm according to the Florida statute?
Any person who is licensed under s. 790.06 or who is not licensed under s. 790.06, but otherwise satisfies the criteria for receiving and maintaining such a license under s. 790.06
What is the penalty for carrying a concealed weapon or electric weapon or device without a license according to the Florida statute?
A misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083
What is the definition of a 'weapon' according to the Florida statute?
Any dirk, knife, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocketknife, plastic knife, or blunt-bladed table knife
What is the primary characteristic of a destructive device?
Capable of causing bodily harm or property damage
What type of device is not considered an explosive?
Shotgun shells
What is the primary purpose of an electric weapon or device?
For offensive or defensive purposes
What type of firearm is excluded from the definition of a firearm?
An antique firearm unless used in the commission of a crime
What is the essential component that must be present in an object for it to be considered ammunition?
All of the above
What is the primary characteristic that distinguishes an antique firearm from a modern firearm?
The type of ignition system used
What is the characteristic of a handgun?
Capable of being carried and used by one hand
What is the definition of an indictment?
An indictment or information in any court under which a crime punishable by imprisonment for a term exceeding 1 year may be prosecuted
What is the primary purpose of the distinction between a concealed firearm and a concealed weapon?
To define the type of weapon being carried
What is the primary characteristic of a dart-firing stun gun?
It is a type of weapon that delivers an electrical current
What is the primary characteristic of an explosive?
Yielding readily to combustion or oxidation upon application of heat, flame, or shock
What is the primary purpose of a self-defense chemical spray?
To protect oneself from harm
What type of device is excluded from the definition of a destructive device?
A device which is not designed, redesigned, used, or intended for use as a weapon
What is the primary distinction between a firearm and a weapon?
A firearm is capable of expelling a projectile by the action of an explosive
What is the minimum requirement for an object to be considered a concealed weapon?
It must be carried on or about a person
What is the primary distinction between a firearm and a weapon?
The method of propulsion
What is the definition of a destructive device that is declared by the Bureau of Alcohol, Tobacco, and Firearms?
A device declared a destructive device by the Bureau of Alcohol, Tobacco, and Firearms
What is the primary requirement for a self-defense chemical spray to be legal?
It must be carried solely for purposes of lawful self-defense
Which of the following individuals is considered a law enforcement officer under Florida statute?
A state attorney and their respective assistants and investigators
What is the definition of a 'machine gun' according to Florida statute?
Any firearm that shoots automatically more than one shot without manual reloading
What is the definition of 'readily accessible for immediate use' according to Florida statute?
Carried on the person or within close proximity and in a manner that it can be retrieved and used as easily and quickly as if carried on the person
Which of the following is considered a 'short-barreled rifle' according to Florida statute?
A rifle with one or more barrels less than 16 inches in length
What is the definition of a 'slungshot' according to Florida statute?
A small mass of metal, stone, sand, or similar material fixed on a flexible handle, strap, or the like, used as a weapon
What is the penalty for carrying a concealed firearm without a license, as defined in s. 790.001?
Felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084
Who is authorized to carry a concealed weapon or concealed firearm according to Florida statute?
Anyone who has a valid concealed carry permit
What must a person who carries a concealed weapon or concealed firearm without a license as authorized under s. 790.01(1)(b) do?
Display valid identification upon demand by a law enforcement officer and carry it at all times
What is the penalty for carrying a concealed weapon or electric weapon or device without a license according to Florida statute?
A misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083
What is the definition of a 'sterile area' according to Florida statute?
An area of an airport to which access is controlled by the inspection of persons and property in accordance with federally approved airport security programs
Under what circumstances is a nonresident of Florida allowed to carry a concealed weapon or concealed firearm in this state?
If they have in their immediate possession a valid license to carry a concealed weapon or concealed firearm issued in their state of residence
What is the definition of a 'weapon' according to Florida statute?
Any dirk, knife, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocketknife, plastic knife, or blunt-bladed table knife
What is the burden of proof in any prosecution for a violation of subsection (2) or subsection (3)?
The state must prove, as an element of the offense, that the defendant is not licensed under s. 790.06 and is ineligible to receive and maintain such a license
Under what circumstances is a person not violating the concealed carry statute?
When carrying a concealed weapon or firearm with a valid license
What is the effect of a law enforcement officer carrying a concealed firearm off-duty as a private citizen?
They are subject to the same laws and restrictions as a non-law enforcement officer
Under what circumstances is a person not violating this section?
If they are carrying a concealed weapon or concealed firearm for purposes of lawful self-defense
What is the penalty for a violation of subsection (1)(b) of s. 790.013?
Noncriminal violation, punishable by a $25 fine, payable to the clerk of the court
What is the definition of 'in the act of evacuating'?
The immediate and urgent movement of a person away from the evacuation zone within 48 hours after a mandatory evacuation is ordered
What is the requirement for a person who carries a concealed weapon or concealed firearm to display identification?
Upon demand by a law enforcement officer
What is the penalty for using an electric weapon or device, a dart-firing stun gun, or a self-defense chemical spray during the commission of any criminal offense?
Felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084
What is required for a resident of another state who holds a valid license to carry a concealed weapon or concealed firearm to establish legal residence in this state?
Registering to vote, making a statement of domicile, or filing for homestead tax exemption
Who is exempt from the minimum age requirement of 21 years to carry a concealed weapon or concealed firearm?
Servicemembers or veterans of the United States Armed Forces
Under what circumstances can an officer make an arrest without a warrant?
When the officer has probable cause to believe a crime is being committed
Who may carry a concealed firearm, during off-duty hours, at the discretion of their superior officers?
All persons holding active certifications from the Criminal Justice Standards and Training Commission
What is the effect of a law enforcement officer carrying a concealed firearm off-duty as a private citizen?
The appointing or employing agency or department of the officer is liable for the use of the firearm
Who is exempt from the licensing and penal provisions of this chapter?
Law enforcement officers, when acting at any time within the scope or course of their official duties or when acting at any time in the line of or performance of duty
What is the definition of a 'qualified law enforcement officer' in 18 U.S.C.s. 926B(c)?
All persons holding active certifications from the Criminal Justice Standards and Training Commission
Who meets the definition of a 'qualified retired law enforcement officer'?
All persons who held an active certification from the Criminal Justice Standards and Training Commission as a law enforcement officer or correctional officer, while working for an employing agency, but have separated from service under the conditions set forth in 18 U.S.C.s. 926C(c)
Under what circumstances can a law enforcement officer perform law enforcement functions during off-duty hours?
At the discretion of their superior officers
What is the requirement for a nonresident to carry a concealed weapon or concealed firearm in this state?
The nonresident must meet the requirements of the state in which they reside
What is the penalty for knowingly and willfully using a self-defense chemical spray or other nonlethal electric weapon or device against a law enforcement officer?
Felony of the third degree
What type of weapon or device is not considered a concealed weapon or concealed firearm?
Machine gun
Under what circumstances is it not a violation of Section 790.053 to openly carry a firearm?
When briefly and openly displaying the firearm to the ordinary sight of another person
What is the penalty for violating Section 790.053?
Misdemeanor of the second degree
What type of weapon or device may be openly carried for purposes of lawful self-defense?
Dart-firing stun gun
Who may not use a self-defense chemical spray or other nonlethal electric weapon or device against?
A law enforcement officer
What is the purpose of Section 790.06?
To regulate the licensing of concealed weapons or firearms
What is excluded from the definition of a 'concealed weapon or concealed firearm'?
Machine gun
What is a requirement for an applicant to obtain a license to carry a concealed weapon or firearm?
Be at least 21 years of age
What is the duration of validity for a license to carry a concealed weapon or firearm?
7 years after the date of issuance
What is a consequence of violating the provisions of carrying a concealed weapon or firearm?
A noncriminal violation with a penalty of $25
Who is authorized to issue licenses to carry concealed weapons or concealed firearms?
The Department of Agriculture and Consumer Services
What must a licensee carry at all times when in actual possession of a concealed weapon or firearm?
Valid identification
What is a requirement for a foreign government consular security official to carry a concealed weapon or firearm?
Certification by the foreign government and the appropriate embassy
What is a disqualifying factor for an applicant seeking a license to carry a concealed weapon or firearm?
Having a physical infirmity that prevents the safe handling of a weapon or firearm
What must be borne by each license issued to carry a concealed weapon or firearm?
A color photograph of the licensee
What is the requirement for an applicant who is a servicemember or a veteran to request expedited processing of their concealed weapon or concealed firearms license?
Follow the directions provided in the application
What is the duration that a person must wait after adjudication of guilt withheld or imposition of sentence suspended for a misdemeanor crime of domestic violence to be eligible for a concealed weapon or concealed firearms license?
3 years
What is the consequence if an applicant provides false information on their application for a concealed weapon or concealed firearms license?
They will be subject to criminal prosecution
What is the purpose of the statement required in the application that the applicant desires a concealed weapon or concealed firearms license as a means of lawful self-defense?
To determine the applicant's motivation for obtaining a license
What is the effect on an application for a concealed weapon or concealed firearms license if the applicant is arrested or formally charged with a crime that would disqualify them from having a license?
The application will be suspended until final disposition of the case
What is the nonrefundable license fee for a new applicant who has not previously been issued a statewide license?
Up to $55
What is the consequence if a licensee is found guilty of, had adjudication of guilt withheld for, or had imposition of sentence suspended for one or more crimes of violence within the preceding 3 years?
Their license will be revoked
What is the requirement for an applicant who is not a servicemember or a veteran to request expedited processing of their concealed weapon or concealed firearms license?
Not applicable, expedited processing is only available to servicemembers and veterans
What information must an applicant provide in their application for a concealed weapon or concealed firearms license?
Their name, address, place of birth, date of birth, and race
What is the consequence if a licensee is issued an injunction that restrains them from committing acts of domestic violence or acts of repeat violence?
Their license will be suspended
What is the time period immediately preceding the date on which an application is submitted, during which an applicant's convictions under s. 316.193 or similar laws of any other state can be considered?
3 years
Which of the following is an acceptable way to demonstrate competence with a firearm?
All of the above
What is the status of an applicant who has been adjudicated an incapacitated person under s. 744.331 or similar laws of any other state?
Ineligible to apply for a concealed weapon or firearm license
What is required of a person who conducts a course pursuant to subparagraph 2., subparagraph 3., or subparagraph 7?
Maintain records certifying that they observed the student safely handle and discharge the firearm
What is the purpose of requiring an applicant to demonstrate competence with a firearm?
To ensure the applicant can safely handle and discharge a firearm
Which of the following is a requirement for an applicant to carry a concealed weapon or firearm?
Desire a legal means to carry a concealed weapon or concealed firearm for lawful self-defense
What is the status of an applicant who has been granted relief from firearms disabilities pursuant to s. 790.065(2)(a)4.d.?
Deemed not to have been adjudicated an incapacitated person
What is the status of an applicant who has been committed to a mental institution under chapter 394, or similar laws of any other state?
Ineligible to apply for a concealed weapon or firearm license
Which of the following is an acceptable way to provide evidence of completion of a course or class?
All of the above
What is the purpose of requiring an applicant to demonstrate habits of honesty and good moral character?
To ensure the applicant is a responsible citizen
What constitutes notice to a licensee?
Both personal delivery and mail
How many days before the expiration date of the license must the Department of Agriculture and Consumer Services mail a written notice of expiration?
90 days
What is required in addition to the renewal form and fee for out-of-state residents?
A complete set of fingerprints and fingerprint processing fee
What happens to a license that is not renewed 180 days or more after its expiration date?
It is permanently expired
What is the penalty for knowingly filing false information under this section?
Criminal prosecution under s. 837.06
What is the extension period for a servicemember's license?
180 days
What must a servicemember present to the Department of Agriculture and Consumer Services to qualify for the extension?
Both a and b
What is the late fee for failing to file a renewal application on or before the expiration date?
$15
What is required to be submitted by a person whose license has been permanently expired?
An application for licensure and fees under subsection (5)
What is the purpose of documenting attempts to provide notice?
To prove that notice was given
Where is a person licensed under this section not authorized to openly carry a handgun or carry a concealed weapon or concealed firearm?
A police station
Who is exempt from the licensing requirements of this section?
A law enforcement officer, correctional officer, or correctional probation officer
What is required for expedited processing of an application for a servicemember?
A copy of the Common Access Card
What is the penalty for a person who knowingly and willfully violates any provision of this subsection?
A misdemeanor of the second degree
Where can a person licensed under this section carry a concealed weapon or concealed firearm for lawful purposes?
In a vehicle
What is the purpose of forwarding the full set of fingerprints to the Department of Law Enforcement?
To determine eligibility for a concealed weapon or firearm
What is the purpose of the funds collected by the department pursuant to this section?
To administer the provisions of this section
What is the cost of processing fingerprints payable to the Department of Law Enforcement?
Payable to the Department of Law Enforcement
How long does the Department of Agriculture and Consumer Services have to issue the license or deny the application?
90 days
Where are all funds received by the sheriff pursuant to the provisions of this section deposited?
The general revenue fund of the county
What is the fee that a sheriff’s office can charge for fingerprinting service?
Not to exceed $5
Which of the following is an exception to the prohibition on carrying a concealed weapon or concealed firearm in a courthouse?
A judge
What is the purpose of submitting a photocopy of a certificate, affidavit, or document as described in paragraph (2)(h)?
To apply for a concealed weapon or firearm license
Which of the following is a place where a person licensed under this section is not authorized to openly carry a handgun or carry a concealed weapon or concealed firearm?
A school
What is the size of the head, including hair, in the full frontal view color photograph?
7/8 of an inch wide and 11/8 inches high
What is the purpose of the exemption in subsection (13) of this section?
To allow churches to control their own property
What is the purpose of submitting a full set of fingerprints administered by a law enforcement agency?
To apply for a concealed weapon or firearm license
What is the requirement for a person licensed under this section to carry a concealed weapon or concealed firearm in a church?
The person must obtain permission from the church
What is the purpose of the Legislature's occupation of the field of regulation of the bearing of concealed weapons or concealed firearms?
To provide statewide uniform standards for issuing licenses
Who can determine eligibility based on name checks conducted by the Florida Department of Law Enforcement?
The Department of Agriculture and Consumer Services
What is the primary purpose of the 'Jack Hagler Self Defense Act'?
To liberalize the issuing of licenses for concealed weapons
What is the exempted information from public records according to s. 790.0601?
Personal identifying information of an individual who has applied for or received a license to carry a concealed weapon or firearm
Who can disclose confidential information about an individual who has applied for or received a license to carry a concealed weapon or firearm?
Law enforcement agencies and court officials
What is the purpose of the statistical information maintained by the Department of Agriculture and Consumer Services?
To maintain a record of licenses issued, revoked, suspended, and denied
What is the impact of the 'Jack Hagler Self Defense Act' on existing rights to bear arms?
It supplements and adds to existing rights to bear arms
What is the role of the Department of Agriculture and Consumer Services in implementing the 'Jack Hagler Self Defense Act'?
To implement and administer the act
What is the authority of the Department of Agriculture and Consumer Services in regulating licenses for concealed weapons?
It does not have the authority to regulate licenses for concealed weapons
What is prohibited by the 'Jack Hagler Self Defense Act'?
Subjective or arbitrary actions or rules that encumber the issuing process
What is the purpose of the confidentiality exemption in s. 790.0601?
To ensure the safety of individuals who have applied for or received a license to carry a concealed weapon or firearm
What is the authority of the tax collector appointed by the Department of Agriculture and Consumer Services?
To receive applications and fees for licenses for concealed weapons
What is the duration of a consular security official license?
1 year
What is the penalty for failure to notify the Department of Agriculture and Consumer Services of a change of permanent address?
$25
What is the fee for obtaining a duplicate or substitute license if the original license is lost or destroyed?
$15
Under what circumstances can a license be suspended or revoked?
If the licensee develops a physical infirmity which prevents the safe handling of a weapon or firearm
How must service of a notice of the suspension or revocation of a concealed weapon or concealed firearm license be given?
By certified mail, return receipt requested, or by personal service
What is the fee for a consular security official license?
$300
What is the purpose of the Department of Agriculture and Consumer Services maintaining an automated listing of licenseholders?
To provide information to law enforcement agencies
How often must a licensee notify the Department of Agriculture and Consumer Services of a change of permanent address?
Within 30 days
What is the effect of a conviction of a felony on a licensee's eligibility to possess a firearm?
The licensee is no longer eligible to possess a firearm
What is the purpose of expedited processing of a servicemember's or a veteran's concealed weapon or concealed firearm license application?
To facilitate the processing of applications for servicemembers and veterans
Who is exempt from complying with the provisions of s. 790.06 to receive a license to carry a concealed weapon or firearm?
A federal district court judge
What is the requirement for a county court judge to receive a license to carry a concealed weapon or firearm?
Demonstration of competence pursuant to s. 790.06(2)(h)
What is the benefit for members and veterans of the United States Armed Forces when applying for a license to carry a concealed weapon or firearm?
Issuance of a license upon demonstration of competence
Who may accept applications for concealed weapon or firearm licenses on behalf of the Department of Agriculture and Consumer Services?
Tax collectors
What is the fee that a tax collector may collect and retain for each new application for a concealed weapon or firearm license?
$22
What is the penalty for a tax collector who maintains a list or record of persons who apply for or are granted a license to carry a concealed weapon or firearm?
Subject to s. 790.335
What is the requirement for a tax collector to accept applications for concealed weapon or firearm licenses on behalf of the Department of Agriculture and Consumer Services?
Submission of a written request
What is the purpose of the memorandum of understanding between the Department of Agriculture and Consumer Services and a tax collector?
To outline the process for accepting applications
What is the responsibility of a tax collector appointed to accept applications for concealed weapon or firearm licenses?
To collect and remit license fees
What is the purpose of the Division of Licensing Trust Fund?
To deposit license fees
Who is not allowed to handle an application for a concealed weapon or firearm for a fee or compensation of any kind?
A person who has not been appointed by the department
What is the penalty for a person who willfully violates the section on handling concealed weapon or firearm applications?
A misdemeanor of the second degree
Who may petition the court for relief from the firearm possession and firearm ownership disability?
A person who has been adjudicated mentally defective
What is the primary characteristic of a person who has been adjudicated mentally defective?
The person has a mental illness or disability
What is the consequence of a person who has been adjudicated mentally defective or committed to a mental institution?
The person is prohibited from owning a firearm
What is the procedure for obtaining relief from the firearm possession and firearm ownership disability?
Petition the court that made the adjudication or commitment
What is the requirement for a tax collector to print and deliver a concealed weapon or firearm license?
Upon approval and confirmation of license issuance by the department
What is the consequence of violating the section on firearm possession and firearm ownership disability?
A misdemeanor of the second degree
What is included in the phrase 'involuntary inpatient placement'?
Involuntary outpatient placement as defined in s. 394.4655
What is a condition for voluntary admission to a mental institution?
The person is an imminent danger to himself or herself
What is the purpose of the written notice given to the person before agreeing to voluntary treatment?
To notify the person that they may be prohibited from purchasing a firearm
What is the responsibility of the clerks of court?
To submit records to the department within 1 month
What is the minimum amount of time required for the administrator of the receiving or treatment facility to file the record with the clerk of the court?
24 hours
What is the purpose of the automated database?
To track the records of persons who are prohibited from purchasing a firearm
What is the consequence of a person being classified as an imminent danger to himself or herself or others?
They may be prohibited from purchasing a firearm
What is the role of the judge or magistrate in this process?
To review the record of the finding, certification, notice, and written acknowledgment
What is the requirement for the reports submitted to the department?
They must include the name and date of birth of the subject
What happens to a record after a judge or magistrate orders its submission to the department?
It is submitted to the department within 24 hours
A person who has been adjudicated mentally defective or committed to a mental institution may petition the court for relief from the firearm disabilities imposed by such adjudication or commitment. Which of the following is true about this petition?
The petitioner may confront and cross-examine witnesses called by the state attorney
What is the maximum amount of time that must pass before a petitioner can petition again for relief from firearm disabilities if the final order denies relief?
1 year
What happens to a mental health record when a person is granted relief from firearm disabilities?
The record is deleted from the automated database
What is the purpose of the department disclosing data collected to agencies of the Federal Government and other states?
To determine the lawfulness of a firearm sale or transfer
What is the role of the clerks of court and mental institutions in the appeal process when a potential buyer or transferee appeals a nonapproval based on mental health records?
They provide information to help determine whether the potential buyer or transferee is the same person as the subject of the record
What is the scope of the court's review when a petitioner seeks judicial review of a final order denying relief from firearm disabilities?
The court reviews the decision de novo
What is the consequence of a judge or magistrate ordering the submission of a record to the department?
The record is reviewed by the department to determine if the person is an imminent danger to themselves or others
What is the requirement for a person who has been granted relief from firearm disabilities to regain their rights?
They must demonstrate that they are no longer a danger to themselves or others
What is the purpose of the department disclosing data collected to the Department of Agriculture and Consumer Services?
To determine eligibility for issuance of a concealed weapons or concealed firearms license
What is the purpose of the segregated funds mentioned in the section?
To operate the criminal history checks required by this section
Who is exempt from the criminal history record check requirement?
A holder of a valid concealed weapons or firearms license
What is the purpose of the criminal history record check?
To determine the buyer's criminal history and eligibility to purchase a firearm
What is the consequence of excess funds in the segregated funds?
The funds are used to purchase soft body armor for law enforcement officers
What is the requirement for a person purchasing a firearm?
The person must request a criminal history record check
What is the purpose of the unique approval number?
To indicate that the criminal history record check has been completed
What is the definition of 'adjudicated mentally defective'?
A determination by a court that a person is a danger to themselves or others
What is the consequence of a person being 'committed to a mental institution'?
The person is prohibited from purchasing a firearm
What is the requirement for the Department of Law Enforcement?
To make a full accounting of all receipts and expenditures of funds to the Legislature
What is the exception to the criminal history record check requirement?
A person purchasing a rifle or shotgun from a licensed importer, manufacturer, or dealer in another state
What must a licensed importer, manufacturer, or dealer obtain from the potential buyer or transferee before selling or delivering a firearm?
A completed form promulgated by the Department of Law Enforcement
How much can a licensed importer, manufacturer, or dealer charge a buyer for processing a criminal history check?
$8 per transaction
What is the purpose of the fee collected by the licensed importer, manufacturer, or dealer for processing a criminal history check?
To maintain the criminal history check system
Where are the fees collected by the licensed importer, manufacturer, or dealer for processing a criminal history check deposited?
The Department of Law Enforcement Operating Trust Fund
What must a licensed importer, manufacturer, or dealer inspect before selling or delivering a firearm?
The buyer's identification
What information must be included in the form completed by the potential buyer or transferee?
The buyer's race and social security number or other identification number
How can the licensed importer, manufacturer, or dealer transmit the fees collected for processing a criminal history check to the Department of Law Enforcement?
By electronic means, including debit cards, credit cards, or electronic funds transfers
What is the purpose of the procedures established by the Department of Law Enforcement for transmitting the fees collected for processing a criminal history check?
To facilitate or supplement the National Instant Criminal Background Check System
In the event of scheduled computer downtime or electronic failure, what is the Department of Law Enforcement required to do?
Immediately notify the licensee of the reason for, and estimated length of, the delay.
What is the timeframe for the Department of Law Enforcement to destroy records containing information about a buyer or transferee who is not found to be prohibited from receipt or transfer of a firearm?
Within 48 hours
What is the purpose of the toll-free telephone number established by the Department of Law Enforcement?
To respond to inquiries from licensed manufacturers, licensed importers, and licensed dealers.
What is the penalty for a person who willfully and intentionally requests criminal history record information under false pretenses or disseminates criminal history record information to any person other than the subject of such information?
A felony of the third degree
What is the duration for which the Department of Law Enforcement may maintain a log of dates of requests for criminal history records checks?
2 years
What is the consequence for a licensee who completes a sale or transfer of a firearm without receiving a unique approval number from the Department of Law Enforcement?
The licensee is not deemed in violation of this section.
What is the purpose of the criminal history records review and correction process?
To allow a person who is denied the right to receive or purchase a firearm to request a review and correction of their criminal history records.
What is the requirement for the Department of Law Enforcement to notify the licensee in the event of scheduled computer downtime or electronic failure?
Immediately
What is the consequence for an officer or employee, or former officer or employee of the Department of Law Enforcement or law enforcement agency who intentionally and maliciously violates the confidentiality of records?
A felony of the third degree
What is the requirement for the Department of Law Enforcement to destroy records containing information about a buyer or transferee who is not found to be prohibited from receipt or transfer of a firearm?
Forthwith
What happens to the confidential or exempt status of information when it is transferred to the department?
It is maintained
What type of information may the department request from the office of the clerk of court?
Information on the disposition of an indictment, information, or arrest
What is the time frame within which the department shall determine the disposition of the indictment, information, or arrest?
24 working hours
What happens if the department cannot determine the disposition information within the allotted time period?
The department shall provide a conditional approval number
What is the status of the conditional nonapproval number if the buyer is not prohibited from receiving or possessing a firearm?
It is revoked
What happens if the department later obtains disposition information that indicates the buyer is prohibited from owning a firearm?
The department shall immediately revoke the conditional approval number and notify local law enforcement
What is the purpose of the review of records by the department?
To determine if the buyer is prohibited from receiving or possessing a firearm
What type of offenses are relevant to the department's review of records?
Both federal and state offenses
What is the time frame within which the office of the clerk of court shall respond to the department's request for data?
8 working hours
What happens if the department is notified by the buyer that there has been a final disposition of the indictment, information, or arrest?
The conditional nonapproval number is revoked
What is the penalty for a person convicted of a violation of this subsection?
Felony of the third degree
Who is responsible for promulgating regulations to ensure the identity, confidentiality, and security of all records and data provided pursuant to this section?
The Department of Law Enforcement
What is the condition under which a licensed importer, licensed manufacturer, or licensed dealer is not required to comply with the requirements of this section?
All of the above
What is the penalty for a person who knowingly acquires a firearm through purchase or transfer intended for the use of a person who is prohibited by state or federal law from possessing or receiving a firearm?
Felony of the third degree
What is the minimum age requirement for a person to purchase a firearm?
21 years of age
What is the exception to the prohibition on the sale or transfer of a firearm to a person younger than 21 years of age?
All of the above
What is the penalty for a licensed importer, licensed manufacturer, or licensed dealer who violates the provisions of subsection (1)?
Felony of the third degree
What is the penalty for a person who willfully and knowingly provides false information or false or fraudulent identification?
Felony of the third degree
What is the effect of compliance with the provisions of this chapter?
It is a complete defense to any claim or cause of action under the laws of any state
What is the liability of the Department of Law Enforcement, its agents and employees, for any claim or cause of action under the laws of any state?
They are not liable for any claim or cause of action
What is exempt from the mandatory waiting period for purchasing a firearm?
All of the above
What is the mandatory waiting period for purchasing a firearm?
3 days, excluding weekends and legal holidays
What is the penalty for delivering a firearm before the expiration of the waiting period?
A felony of the third degree
What is the definition of a 'purchase' in relation to firearms?
The transfer of money or other valuable consideration to the retailer
Who is exempt from the mandatory waiting period for purchasing a rifle or shotgun?
All of the above
What is the purpose of the records checks required under s. 790.065?
To determine the eligibility of a person to purchase a firearm
What is the exception to the mandatory waiting period for purchasing a firearm?
All of the above
What is the penalty for obtaining delivery of a firearm by fraud, false pretense, or false representation?
A felony of the third degree
What is the definition of a 'retailer' in relation to firearms?
A licensed importer, manufacturer, or dealer
What is the requirement for records of firearm sales?
They must be available for inspection by any law enforcement agency during normal business hours
What is the minimum degree of felony for displaying, using, threatening, or attempting to use any firearm while committing or attempting to commit any felony?
Second degree
Which of the following crimes is excluded from the application of this section?
Antitrust violations
What is the penalty for a person who has previously been convicted of a violation of subsection (1) or subsection (2) and subsequently displays, uses, threatens, or attempts to use any weapon, firearm, or electric weapon or device?
Felony of the first degree
What is the requirement for sentence in the case of a person who has previously been convicted of a violation of subsection (1) or subsection (2) and subsequently displays, uses, threatens, or attempts to use any weapon, firearm, or electric weapon or device?
The sentence shall not be suspended or deferred
What is the degree of felony for displaying, using, threatening, or attempting to use any weapon or electric weapon or device while committing or attempting to commit any felony?
Third degree
What is the penalty for displaying, using, threatening, or attempting to use any firearm while committing or attempting to commit any felony?
Punishable as provided in s. 775.082, s. 775.083, and s. 775.084
What happens to weapons, electric weapons or devices, or arms if the person arrested is acquitted of the offenses mentioned?
They are returned to the person within 60 days
Who is responsible for delivering the weapons, electric weapons or devices, or arms to the sheriff after conviction?
The chief of police
What happens to weapons, electric weapons or devices, or arms that are not needed by the sheriff?
They are destroyed or disposed of
What is the time limit for owners to claim their weapons, electric weapons or devices, or arms after acquittal?
60 days
What happens to weapons, electric weapons or devices, or arms that are found abandoned or discarded?
They are delivered to the sheriff within 60 days
Who is the custodian of weapons, electric weapons or devices, or arms for the state?
The sheriff
What happens to sums received from the sale or disposition of weapons?
They are paid into the State Treasury
What is the purpose of listing, keeping, and holding weapons by the sheriff?
As custodian for the state
What happens to weapons, electric weapons or devices, or arms that are not reclaimed by the owner within 6 months?
They become forfeited to the state
Who receives the receipt for weapons, electric weapons or devices, or arms loaned to other departments?
The sheriff
What happens to the sums received from the sale or disposition of certain weapons or arms?
They are disbursed as provided in the Florida Contraband Forfeiture Act
What is the punishment for manufacturing or selling metallic knuckles?
Misdemeanor of the second degree
What is prohibited on school property or at a school-sponsored event?
Possessing or discharging weapons or firearms
Who is exempt from the prohibition on possessing or discharging weapons on school property?
Private property owners within 1,000 feet of a school
What is the penalty for possessing or discharging weapons on school property?
Felony of the third degree
In what circumstances can a person carry a firearm on school property?
In a vehicle pursuant to s. 790.25(4)
What is the definition of 'school' in this context?
Any public or private elementary school, middle school, junior high school, secondary school, career center, or postsecondary school
What is the penalty for improperly exhibiting a weapon or firearm?
Misdemeanor of the second degree
In what circumstances is a person not violating the prohibition on possessing or discharging weapons on school property?
When on private property within 1,000 feet of a school
What is the purpose of the exemption for certain persons to carry a firearm on school property?
To allow certain persons to carry firearms in support of school-sanctioned activities
Under which circumstances can a person discharge a firearm on public roads or properties?
On public roads or properties expressly approved for hunting by the Fish and Wildlife Conservation Commission or Florida Forest Service
What is the penalty for a driver or owner of a vehicle who knowingly directs another person to discharge a firearm from the vehicle?
Felony of the third degree
What is the exception to the rule that a person cannot recreationally discharge a firearm outdoors in an area that is primarily residential in nature?
If the person is lawfully defending life or property
What does 'using a firearm' mean in the context of this chapter?
Discharging a firearm or having it readily accessible for immediate discharge
What is the penalty for a person who uses a firearm while under the influence of alcoholic beverages or controlled substances?
Misdemeanor of the second degree
Under what circumstances can a person refuse to submit to a chemical or physical breath test?
In no circumstances can a person refuse to submit to a chemical or physical breath test
What is the purpose of a urine test in the context of this chapter?
To detect the presence of controlled substances
What is the penalty for discharging a firearm from a vehicle within 1,000 feet of any person?
Felony of the second degree
What is the exception to the rule that a person cannot use a firearm while under the influence of certain substances?
If the person is performing official duties requiring the discharge of a firearm
What is the purpose of a breath test in the context of this chapter?
To detect the presence of alcoholic beverages
What is the penalty for a person who willfully and knowingly possesses any firearm in violation of the subsection?
Felony of the third degree
What is the exception for a person who stores or leaves a loaded firearm within the reach or easy access of a minor?
If the firearm was stored or left in a securely locked box or container
Who is exempt from the provisions of this section?
Any law enforcement officer as defined in s. 943.10
What is the penalty for a person who discharges a firearm in any public place or on the right-of-way of any paved public road?
Misdemeanor of the first degree
What is the condition for a minor to be detained in secure detention for a period of 21 days?
If the minor is charged with possessing or discharging a firearm on school property
What is the penalty for a person who knowingly discharges a firearm over the right-of-way of any paved public road?
Misdemeanor of the first degree
What is the exception for a person who is authorized to carry a concealed weapon or firearm and who willfully and knowingly violates the subsection?
The person commits a misdemeanor of the second degree
What is the penalty for a person who recklessly or negligently discharges a firearm outdoors on any property used primarily as the site of a dwelling?
Misdemeanor of the first degree
What is the condition for a minor to be given a probable cause hearing within 24 hours after being taken into custody?
If the minor is charged with possessing or discharging a firearm on school property
What is the penalty for a person who knowingly discharges a firearm over any occupied premises?
Misdemeanor of the first degree
Where shall a urine test be administered?
A detention facility or any other facility equipped to administer such tests
What is the consequence of refusing to submit to a chemical or physical breath or urine test?
It is admissible in any criminal proceeding
What is the purpose of a chemical or physical test of a person's breath or urine?
To determine the presence of controlled substances or alcoholic beverages
When can a law enforcement officer require a person to submit to a blood test?
When the person is suspected of using a firearm while under the influence
What is the definition of 'serious bodily injury'?
A physical condition that creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of any bodily member or organ
What is the penalty for refusing to submit to a chemical or physical breath or urine test?
It is admissible in any criminal proceeding
What is the purpose of administering a chemical or physical test?
To determine the presence of controlled substances or alcoholic beverages
Can a law enforcement officer use reasonable force to require a person to submit to a blood test?
Yes, if the person is suspected of using a firearm while under the influence
What information is released to a court, prosecuting attorney, defense attorney, or law enforcement officer in connection with an alleged violation of s. 790.151?
The information obtained pursuant to this section
What is the purpose of administering a blood test in cases of death or serious bodily injury?
To determine the presence of controlled substances or alcoholic beverages
What is the purpose of the test results under section 790.153 or 790.155?
To provide evidence in a civil or criminal action or proceeding
What is the effect of having 0.05 percent or less by weight of alcohol in a person's blood?
It is presumed that the person was not under the influence of alcoholic beverages to the extent that their normal faculties were impaired
What is the requirement for a chemical analysis of a person's blood to be considered valid under section 790.157?
It must be performed substantially in accordance with methods approved by the Florida Department of Law Enforcement
What is the effect of having 0.10 percent or more by weight of alcohol in a person's blood?
It is presumed that the person was under the influence of alcoholic beverages to the extent that their normal faculties were impaired
What is the purpose of section 790.157?
To establish presumptions regarding the influence of alcoholic beverages
What is the effect of having in excess of 0.05 percent but less than 0.10 percent by weight of alcohol in a person's blood?
It may be considered with other competent evidence in determining whether the person was under the influence of alcoholic beverages
What is the requirement for a chemical or physical analysis of a person's breath to be considered valid under section 790.157?
It must be performed substantially in accordance with methods approved by the Florida Department of Law Enforcement
What is the purpose of releasing information obtained under section 790.157 to a court, prosecuting attorney, defense attorney, or law enforcement officer?
To provide evidence in a civil or criminal action or proceeding
What is the effect of having any amount of a controlled substance in a person's blood?
It is prima facie evidence that the person was under the influence of controlled substances
What is the purpose of section 790.157(2)?
To establish presumptions regarding the influence of controlled substances
What is the role of the Florida Department of Law Enforcement in relation to firearms analysis?
To approve satisfactory techniques or methods for firearms analysis
What is the penalty for discharging a machine gun in a public place with intent to do bodily harm or damage?
Felony of the first degree
Who is exempt from the prohibition on discharging machine guns in public places?
All of the above
What is the penalty for making, possessing, throwing, projecting, placing, or discharging a destructive device?
Felony of the third degree
What is the penalty for making, possessing, throwing, projecting, placing, or discharging a destructive device with intent to do bodily harm?
Felony of the second degree
What is the penalty for making, possessing, throwing, projecting, placing, or discharging a destructive device that results in bodily harm?
Felony of the first degree
What is excluded from the definition of a weapon of mass destruction?
A device that emits smoke for the purpose of self-protection
What is the penalty for making, possessing, throwing, projecting, placing, or discharging a destructive device that results in death?
Capital felony
What is the penalty for a person charged with using a firearm while under the influence of alcoholic beverages or controlled substances?
Entitled to trial by jury
Which of the following individuals is lawfully permitted to possess a device that emits smoke for the purpose of self-protection?
All of the above
What is the role of the Florida Department of Law Enforcement in relation to permits for firearms analysis?
To issue permits for firearms analysis
What is a consequence of a violation of this section that resulted in the mobilization or action of any law enforcement officer or any state or local agency?
Restitution for all costs and damages arising from the criminal conduct
What is the purpose of a device that emits smoke or an offensive, noxious, or irritant liquid, powder, gas, or chemical?
To immobilize, incapacitate, or thwart an attack
What is the penalty for discharging a machine gun in a public place?
Felony of the first degree
Which of the following is an example of an individual who is lawfully permitted to possess a device that emits smoke or an offensive, noxious, or irritant liquid, powder, gas, or chemical?
All of the above
What is the significance of a device that emits smoke or an offensive, noxious, or irritant liquid, powder, gas, or chemical in relation to the definition of a weapon of mass destruction?
It is excluded from the definition of a weapon of mass destruction
What is the primary characteristic of a biological agent?
It is capable of causing death or disease
What is the definition of a toxin?
A poisonous substance or biological product
What is the primary characteristic of a delivery system?
It is a device designed to deliver a biological agent or toxin
What is the primary characteristic of a vector?
It is a living organism that can carry a biological agent or toxin
What is the penalty for manufacturing or possessing a weapon of mass destruction?
A felony of the first degree
What is the penalty for making a hoax weapon of mass destruction?
A felony of the second degree
What is the primary characteristic of a hoax weapon of mass destruction?
It is a fake weapon of mass destruction
What is the purpose of the exception in subsection (7) of the law?
To exempt certain individuals from the law
What is the burden of proof in any prosecution for a violation of this section?
Beyond a reasonable doubt
What is the effect of adjudication of guilt or imposition of sentence for a violation of this section?
It may not be suspended, deferred, or withheld
What is the penalty for a person who violates section 790.164?
Felony of the second degree
What is the purpose of the reward provided in section 790.164?
To deter people from making false reports
What is the primary characteristic of a 'hoax bomb'?
It appears to be a destructive device or explosive but is in fact an inoperative facsimile or imitation
What is the penalty for a person who makes a false report concerning planting a bomb, explosive, or weapon of mass destruction in, or committing arson against, state-owned property?
Felony of the second degree
What is the purpose of the restitution provision in section 790.164?
To reimburse the state and local agencies for the costs and damages arising from the criminal conduct
What is the effect of adjudication of guilt or imposition of sentence for a violation of section 790.164?
It may not be suspended, deferred, or withheld
What is the purpose of the provision in section 790.164 regarding the state attorney's ability to move the sentencing court?
To allow the state attorney to reduce or suspend the sentence of a person who provides substantial assistance
What is the burden of proof in a prosecution for a violation of section 790.164?
Proof that a person accused of violating this section knowingly made a false report
What is the procedure for applying for the reward provided in section 790.164?
A person claiming the reward shall apply to the law enforcement agency developing the case and be paid by the Department of Law Enforcement
What is the purpose of the provision in section 790.164 regarding the circuit judge's role in reviewing reward applications?
To allow the circuit judge to review all reward applications and make a final determination as to those applicants entitled to receive an award
What is the penalty for a person who commits a misdemeanor of the first degree for unlawfully throwing, projecting, placing, or discharging a destructive device or bomb that results in bodily harm to another person?
Misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083
Who has the power to authorize the manufacture, possession, and use of destructive devices?
The governing body of any municipality or county and the Division of State Fire Marshal of the Department of Financial Services
What is the penalty for a person who threatens to throw, project, place, or discharge any destructive device with intent to do bodily harm to any person or with intent to do damage to any property of any person?
Felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084
What is the penalty for a person who makes a false report, with intent to deceive, mislead, or otherwise misinform any person, concerning the placing or planting of any bomb, dynamite, other deadly explosive, or weapon of mass destruction?
Felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084
What is the penalty for a person who commits a felony of the second degree for unlawfully throwing, projecting, placing, or discharging a destructive device or bomb that results in great bodily harm, permanent disability, or permanent disfigurement to another person?
Felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084
Who is exempt from the penalty for making a false report concerning the planting of a bomb, dynamite, other deadly explosive, or weapon of mass destruction?
No one is exempt from the penalty
What is the penalty for a person who commits a felony of the second degree for unlawfully throwing, projecting, placing, or discharging a destructive device or bomb that results in great bodily harm, permanent disability, or permanent disfigurement to another person?
Punishable as provided in s. 775.082, s. 775.083, or s. 775.084
What is the penalty for a person who commits a misdemeanor of the first degree for unlawfully throwing, projecting, placing, or discharging a destructive device or bomb that results in bodily harm to another person?
Punishable as provided in s. 775.082 or s. 775.083
What is the purpose of the authorization for the manufacture, possession, and use of destructive devices?
To allow the governing body of any municipality or county and the Division of State Fire Marshal of the Department of Financial Services to manufacture, possess, and use destructive devices
What is the penalty for a person who commits a felony of the second degree for threatening to throw, project, place, or discharge any destructive device with intent to do bodily harm to any person or with intent to do damage to any property of any person?
Punishable as provided in s. 775.082, s. 775.083, or s. 775.084
What is the penalty for a person who commits a felony of the second degree by manufacturing, possessing, selling, delivering, sending, mailing, displaying, using, threatening to use, attempting to use, or conspiring to use a hoax bomb?
Punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Who is exempt from the penalties of manufacturing, possessing, selling, delivering, sending, mailing, displaying, using, threatening to use, attempting to use, or conspiring to use a hoax bomb?
Law enforcement officers, firefighters, and persons licensed pursuant to chapter 493.
What is the purpose of subsection (5) of the statute regarding hoax bombs?
To require restitution for all costs and damages arising from the criminal conduct.
What is the definition of a 'weapon of mass destruction'?
Any device or object that is designed or intended to cause death or serious bodily injury to any human or animal, or severe emotional or mental harm to any human.
What is the definition of a 'hoax weapon of mass destruction'?
Any device or object that appears to be or to contain a weapon of mass destruction, but is actually an inoperative facsimile or imitation.
What is the penalty for a person who commits a felony of the second degree by manufacturing, possessing, selling, delivering, sending, mailing, displaying, using, threatening to use, attempting to use, or conspiring to use a weapon of mass destruction or hoax weapon of mass destruction?
Punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
What is the purpose of the statute regarding weapons of mass destruction and hoax weapons of mass destruction?
To define the terms 'weapon of mass destruction' and 'hoax weapon of mass destruction'.
What is the consequence of adjudication of guilt or imposition of sentence for committing a felony of the second degree by manufacturing, possessing, selling, delivering, sending, mailing, displaying, using, threatening to use, attempting to use, or conspiring to use a hoax bomb?
The sentence may not be suspended, deferred, or withheld.
Who may be required to pay restitution for all costs and damages arising from the criminal conduct of committing a felony of the second degree by manufacturing, possessing, selling, delivering, sending, mailing, displaying, using, threatening to use, attempting to use, or conspiring to use a hoax bomb?
The person convicted of the crime.
What is the effect of the state attorney moving the sentencing court to reduce or suspend the sentence of a person who is convicted of a violation of the statute regarding hoax bombs?
The sentence will be reduced or suspended.
What is the minimum age requirement for minors to be unsupervised with firearms?
18
What is the penalty for failing to store or leave a firearm in a secure manner, allowing a minor to gain access to it?
Misdemeanor of the second degree
What is the penalty for knowingly selling or transferring a firearm to a minor?
Felony of the second degree
What type of warning is required to be delivered to a purchaser or transferee of a firearm?
Written warning
Where must the warning about storing or leaving a firearm be conspicuously posted?
At each purchase counter
What is the intent of the Legislature regarding adult citizens of the state and firearms?
To retain their constitutional right to keep and bear firearms
What is the consequence if a minor gains access to a firearm due to a person's failure to store or leave it in a secure manner?
Misdemeanor of the second degree
What is required of a dealer in arms when selling or transferring a firearm to a minor?
To not sell or transfer the firearm
Who is exempt from the penalty of knowingly selling or transferring a firearm to a minor?
No one is exempt
What is the purpose of the warning required to be delivered to a purchaser or transferee of a firearm?
To warn them of the penalties of storing or leaving a firearm in an unsecure manner
What is the penalty for a person who shoots into or throws deadly missiles into dwellings, public or private buildings, occupied or not occupied?
Felony of the second degree
Who is prohibited from using BB guns, air or gas-operated guns, or electric weapons or devices?
Minors under 16 years old without adult supervision
What is the minimum age requirement for a minor to possess a firearm in a lawful hunting activity?
16 years old
What is the penalty for a parent or guardian who knowingly and willfully permits a minor to possess a firearm in violation of subsection (3)?
Felony of the third degree
What is the requirement for a minor who is engaged in a lawful marksmanship competition or practice or other lawful recreational shooting activity?
Must be at least 16 years old, or under 16 years old with adult supervision
What is the penalty for an adult responsible for the welfare of a child under the age of 16 years who knowingly permits such child to use or have in his or her possession any BB gun, air or gas-operated gun, electric weapon or device, or firearm?
Misdemeanor of the second degree
What is the consequence for a parent or guardian who fails to participate in classes on parenting education?
May be required to attend further parent education classes or render community service hours together with the child
What is the purpose of the community service programs established by the juvenile justice circuit advisory boards or the Department of Juvenile Justice?
To provide alternative sanctions for minors who possess firearms
What is the consequence for a minor who possesses a firearm in violation of subsection (3)?
The parent or guardian may be required to participate in classes on parenting education
What is the penalty for an adult who knowingly and willfully permits a minor to possess a firearm in violation of subsection (3)?
Felony of the third degree
Where can community service be provided according to this section?
Both on public and private property with permission
What is the penalty for a first-time offense of violating subsection (3)?
Misdemeanor of the first degree and 100 hours of community service
What is the penalty for a second or subsequent offense of violating subsection (3)?
Felony of the third degree and not less than 100 nor more than 250 hours of community service
What type of environment shall community service be performed in, if possible?
Hospital emergency room or other medical environment
What happens to a firearm that is possessed or used by a minor in violation of this section?
It is seized by a law enforcement officer and disposed of
What is the maximum period of detention for a first-time offense of violating subsection (3)?
Up to 5 days in a secure detention facility
What is the penalty for a first-time offense of violating subsection (3) regarding a minor's driver license or driving privilege?
Revocation or withholding of issuance for up to 1 year
What happens to a minor who is charged with an offense that involves the use or possession of a firearm?
They are detained in secure detention and given a hearing within 24 hours
What is the penalty for a second or subsequent offense of violating subsection (3) regarding a minor's driver license or driving privilege?
Revocation or withholding of issuance for up to 2 years
What is the maximum period of detention for a second or subsequent offense of violating subsection (3)?
Up to 21 days in a secure detention facility
Under what circumstance can a law enforcement agency release the name and address of a child?
If the child is convicted of any offense involving possession or use of a firearm
What is the penalty for a person who sells, hires, barters, lends, transfers, or gives any minor under 18 years of age any dirk, electric weapon or device, or other weapon?
Misdemeanor of the first degree
Who is allowed to transfer ownership of a firearm to a minor under 18 years of age?
A parent or guardian with permission
What is the primary intent of the Legislature in enacting laws related to firearms and minors?
To reduce the number of accidents involving firearms and children
What is the penalty for a person who knowingly or willfully sells or transfers a firearm to a minor under 18 years of age?
Felony of the third degree
What is the requirement for a parent or guardian who transfers ownership of a firearm to a minor under 18 years of age?
The parent or guardian must maintain possession of the firearm
What is the purpose of the legislative findings and intent in relation to firearms and minors?
To reduce the number of accidents involving firearms and children
What is the primary concern of the Legislature regarding the storage of firearms in relation to children?
That children may accidentally kill or seriously injure themselves or others with negligently stored firearms
What is the purpose of the form prepared by the Department of Juvenile Justice for minors charged under this subsection?
To provide demographic information and relevant details about the minor
What is the minimum period of detention for a minor who is found to have committed an offense involving the use or possession of a firearm, as defined in s. 790.001, and is not committed to a residential commitment program?
15 days in a secure detention facility
What is the benefit of placing a minor in secure detention according to the court?
It derives benefits for the minor or the community
What is the purpose of community service for minors found to have committed an offense involving the use or possession of a firearm?
To involve the minor in a hospital emergency room or other medical environment
What happens to a minor's driver license or driving privilege if they are found to have committed an offense under subsection (9)?
It is revoked or withheld for up to 1 year
What is the minimum number of hours of community service for a minor found to have committed a second or subsequent offense involving the use or possession of a firearm?
250 hours
What is the purpose of the court's order to place a minor in secure detention?
To protect the minor from themselves or the community
What is the minimum period of detention for a minor found to have committed a second or subsequent offense involving the use or possession of a firearm?
21 days in a secure detention facility
What happens to a minor's prior record if they are found to have committed an offense under subsection (9)?
It is taken into consideration when determining the sentence
Why is the minor's demographic information, including gender, age, and race, included in the form prepared by the Department of Juvenile Justice?
To provide relevant information to the judge when determining the sentence
What is the penalty for a person who violates the section relating to ballistic self-propelled knives?
Misdemeanor of the first degree
What is the effect of a court's direction to the Department of Highway Safety and Motor Vehicles regarding a minor's driver license or driving privilege for a second or subsequent offense?
The minor's driver license or driving privilege is withheld for up to 2 years
What is the penalty for a person who owns or has in their care, custody, possession, or control any short-barreled rifle, short-barreled shotgun, or machine gun?
Felony of the second degree
What is the definition of a bump-fire stock?
A tool that alters the rate of fire of a firearm to mimic automatic weapon fire
What is the exception to the section relating to possession of short-barreled rifles, short-barreled shotguns, or machine guns?
Firearms lawfully owned and possessed under federal law
What is the penalty for a person who imports, transfers, distributes, sells, keeps for sale, offers for sale, possesses, or gives to another person a bump-fire stock?
Felony of the third degree
Who is prohibited from owning or possessing a firearm, ammunition, or electric weapon or device?
A person who has been convicted of a felony in the courts of this state
What is the effect of a court's direction to the Department of Highway Safety and Motor Vehicles regarding a minor's driver license or driving privilege if the minor is ineligible by reason of age for a driver license or driving privilege?
The minor's driver license or driving privilege is withheld for up to 2 years after the date on which the minor would otherwise have become eligible
What is the penalty for a person who manufactures, displays, sells, owns, possesses, or uses a ballistic self-propelled knife?
Misdemeanor of the first degree
What is the penalty for a person who violates section 790.233?
A misdemeanor of the first degree
What is the exception to the section relating to ballistic self-propelled knives?
Any device from which a knifelike blade opens, where such blade remains physically integrated with the device when open
Who is exempt from the restrictions outlined in section 790.233?
A state or local officer holding an active certification
What is the penalty for a person who violates the section relating to possession of short-barreled rifles, short-barreled shotguns, or machine guns, if the person is a first-time offender?
Felony of the second degree
What is the penalty for a person who meets the violent career criminal criteria and possesses a firearm or ammunition?
A felony of the first degree
What is the criteria for a person to be prohibited from owning or possessing a firearm, ammunition, or electric weapon or device?
All of the above
What is the exception to the restriction outlined in section 790.23?
A person who has been convicted of a felony but has had their civil rights and firearm authority restored
What is the penalty for a person who violates section 790.23?
A felony of the second degree
What is the primary purpose of section 790.233?
To restrict the possession of firearms and ammunition by certain individuals
What is the criteria for a person to be considered a violent career criminal?
Meets the criteria outlined in section 775.084(1)(d)
What is the purpose of section 790.23?
To restrict the possession of firearms and ammunition by certain individuals
Which of the following individuals is exempt from carrying a concealed weapon or firearm license while carrying out official duties?
An investigator employed by the public defender
Under what circumstances is a person allowed to carry a concealed weapon or firearm without a license?
When they are traveling to or from a fishing or hunting expedition
Who is authorized to carry a concealed weapon or firearm while at or going to or from a shooting practice?
Members of clubs organized for target or skeet shooting
Under what circumstances is a person allowed to carry a concealed weapon or firearm without a license while on a public conveyance?
When the weapon or firearm is securely encased and not in the person's manual possession
What is the requirement for an investigator employed by the public defender to carry a concealed weapon or firearm?
All of the above
Which of the following is an exemption to carrying a concealed weapon or firearm license?
Carrying a concealed weapon or firearm while traveling to or from a fishing or hunting expedition
Who is authorized to carry a concealed weapon or firearm while engaged in emergency management duties?
Persons carrying out or training for emergency management duties
What is the requirement for a person to carry a concealed weapon or firearm while carrying out official duties as a law enforcement officer?
They must meet the official training standards for firearms
Which of the following is an exemption to carrying a concealed weapon or firearm license?
Carrying a concealed weapon or firearm while traveling to or from a shooting practice
Who is authorized to carry a concealed weapon or firearm while at or going to or from a collectors' gun show?
Members of clubs organized for modern or antique firearms collecting
What is the mandatory minimum sentence for a person convicted of a violation of this section?
15 years' imprisonment
What is the exception to the eligibility for discretionary early release for a person convicted of a violation of this section?
All of the above
What type of convictions can be counted as prior felonies for purposes of this section?
Both adult convictions and juvenile adjudications
What is the penalty for a person who willfully fails to report a gunshot wound or life-threatening injury?
Misdemeanor of the first degree
What is the purpose of the statute regarding the reporting of medical treatment of certain wounds?
To curb and prevent the use of firearms in crime
Who is exempt from the provisions of this statute?
A person whose civil rights and firearm authority have been restored
What is the requirement for a physician, nurse, or employee to report a gunshot wound or life-threatening injury?
To report immediately to the sheriff’s department
What is the purpose of the statute regarding lawful ownership, possession, and use of firearms and other weapons?
To promote firearms safety and to curb and prevent the use of firearms in crime
Who is authorized to own, possess, and lawfully use firearms and other weapons?
Members of the Militia, National Guard, and other armed forces of the state and of the United States
What is the primary characteristic of the statute regarding lawful ownership, possession, and use of firearms and other weapons?
It allows for the lawful use of firearms in certain circumstances
What is the primary requirement for a tactical medical professional to carry a firearm?
The tactical medical professional successfully completes a firearms safety training and tactical training.
What is the primary limitation of a tactical medical professional carrying a firearm?
The tactical medical professional may not carry a firearm on a fire apparatus or EMS vehicle.
What is the primary distinction between a tactical medical professional and a law enforcement officer?
A tactical medical professional may only provide medical services, while a law enforcement officer may make arrests.
What is the primary requirement for a person to possess a handgun or other weapon in a private conveyance?
The person must be 18 years of age or older.
What is the primary exemption for carrying a concealed weapon or concealed firearm in a private conveyance?
The person is authorized to carry a concealed weapon or concealed firearm under s. 790.01(1).
What is the primary purpose of the construction of this act?
To carry out the declaration of policy and in favor of the constitutional right to keep and bear arms for lawful purposes.
What is the primary effect of this act on existing rights to bear arms?
It supplements and adds to existing rights to bear arms.
What is the primary definition of a 'tactical medical professional'?
A paramedic, physician, or osteopathic physician who provides medical services at high-risk incidents.
What is the primary requirement for a tactical medical professional to carry a firearm in a private conveyance?
The tactical medical professional must successfully complete a firearms safety training and tactical training.
What is the primary limitation of a tactical medical professional's authority to carry a firearm?
The tactical medical professional may only carry a firearm during tactical operations.
What is the duty of care of public and private employers regarding the actions prohibited under subsection (4)?
They have no duty of care related to such actions.
What is the role of the Attorney General under this act?
To enforce the rights of employees and customers.
What is the exception to the prohibitions in subsection (4) regarding property where a nuclear-powered electricity generation facility is located?
The provisions of subsection (4) do not apply.
What is the effect of a successful action brought by a customer, employee, or invitee aggrieved under this act?
The court shall award all reasonable personal costs and losses suffered by the aggrieved person.
What is the exception to the prohibitions in subsection (4) regarding property owned or leased by a public or private employer or the landlord of a public or private employer?
The provisions of subsection (4) do not apply if the primary business conducted is the manufacture of explosive materials.
What is the exception to the prohibitions in subsection (4) regarding motor vehicles?
The provisions of subsection (4) do not apply to motor vehicles owned, leased, or rented by a public or private employer or the landlord of a public or private employer.
What is the definition of a 'motor vehicle' according to this section?
Any automobile, truck, minivan, sports utility vehicle, motor home, recreational vehicle, motorcycle, motor scooter, or any other vehicle operated on the roads of this state and required to be registered under state law.
What is the purpose of the Department of Health under this act?
To prepare public service announcements for dissemination to parents throughout the state.
What is included in the definition of a 'firearm' according to this section?
Ammunition and accoutrements attendant to the lawful possession and use of a firearm
What is the effect of a civil action brought pursuant to this act?
The court shall award all court costs and attorney's fees to the prevailing party.
What is the role of the Attorney General in enforcing the protections of this act?
To enforce the protections of this act on behalf of any customer, employee, or invitee aggrieved under this act.
What is the definition of a 'parking lot' according to this section?
Any property that is used for parking motor vehicles and is available to customers, employees, or invitees for temporary or long-term parking or storage of motor vehicles
What is prohibited under Florida law?
Altering or removing a firearm's serial number with intent to disguise its true identity
What is the definition of an 'employee' according to this section?
Any person who is authorized to carry a concealed weapon or concealed firearm under s. 790.01(1) and works for salary, wages, or other remuneration, or is an independent contractor, or is a volunteer, intern, or other similar individual for an employer
What is the effect of a violation of subsection (1)(b) of s. 790.013?
The violator shall be liable for damages and civil penalties.
What is the definition of an 'employer' according to this section?
Any business that is a sole proprietorship, partnership, corporation, limited liability company, professional association, cooperative, joint venture, trust, firm, institution, or association, or public sector entity
What is the penalty for knowingly selling, delivering, or possessing a firearm with an unlawfully altered or removed serial number?
Misdemeanor of the first degree
What is the definition of an 'invitee' according to this section?
Any business invitee, including a customer or visitor, who is lawfully on the premises of a public or private employer
What is defined as a public disturbance involving acts of violence by an assemblage of three or more persons?
Civil disorder
What is prohibited under the State Antiparamilitary Training Act?
Teaching or demonstrating the use of firearms for use in, or in furtherance of, a civil disorder
What is the title of this section?
The Preservation and Protection of the Right to Keep and Bear Arms in Motor Vehicles Act of 2008
What type of shotgun shell is prohibited?
Dragon's breath shotgun shell
What is the purpose of this section?
To protect the right to keep and bear arms in motor vehicles for self-defense and other lawful purposes
What is exempt from the prohibition on altering or removing a firearm's serial number?
Antique firearms
What is the penalty for knowingly teaching or demonstrating the use of a firearm for use in, or in furtherance of, a civil disorder?
Felony of the third degree
What is prohibited under Florida law?
Possessing armor-piercing or exploding ammunition
What is defined as a bullet that can be fired from any firearm and that detonates or forcibly breaks up through the use of an explosive or deflagrant?
Exploding bullet
What is the purpose of the State Antiparamilitary Training Act?
To prohibit the teaching or demonstrating of firearms for use in, or in furtherance of, a civil disorder
What is the primary intention of the act as stated in the legislative intent?
To codify the long-standing legislative policy of individual citizens' right to keep and bear arms
What is the finding of the Legislature regarding a citizen's lawful possession of firearms within their motor vehicle?
It is essential to the exercise of the fundamental constitutional right to keep and bear arms
What is prohibited by the act with respect to public or private employers?
Violating the constitutional rights of customers, employees, or invitees
Under what circumstances can a search of a private motor vehicle in a parking lot be conducted?
Only by on-duty law enforcement personnel, based on due process and complying with constitutional protections
What is the effect of conditioning employment upon an employee's authorization to carry a concealed weapon?
It is prohibited, as it violates the employee's constitutional rights
What is the protection provided by the act to customers, employees, or invitees?
Protection from termination of employment or discrimination, as long as a firearm is never exhibited on company property
What is the scope of the prohibition on public or private employers?
Both public and private employers are prohibited
What is the purpose of the prohibition on prohibiting or attempting to prevent customers, employees, or invitees from entering the parking lot?
To protect the rights of customers, employees, or invitees to keep and bear arms
What is the consequence of an employer violating the provisions of the act?
The employer may be liable for violating the employee's constitutional rights
What is the significance of the act's provision regarding the prohibition on terminating employment or discriminating against an employee?
It applies to both public and private employers, and protects the employee's constitutional right to keep and bear arms
What is the definition of a flechette shell?
A shell that can be fired in a firearm and that expels two or more pieces of fin-stabilized solid metal wire or two or more solid dart-type projectiles
What is the penalty for a person who manufactures, sells, offers for sale, or delivers any armor-piercing bullet or exploding bullet, or dragon's breath shotgun shell, bolo shell, or flechette shell?
A felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084
If a county, city, town, or other local government violates this section, what action will the court take?
Declare the improper ordinance, regulation, or rule invalid and issue a permanent injunction
What is the exception to the law regulating the manufacture, sale, offer for sale, delivery, possession, and transportation of certain ammunition and firearms?
Law enforcement officers, when possessed in connection with the performance of their duties as law enforcement officers
What is the maximum civil fine that can be assessed against a local government official for a knowing and willful violation of this section?
$5,000
Under what circumstances can a person or organization file a suit against a local government for violating this section?
If the person or organization's membership is adversely affected by the violation
What is the purpose of s. 790.33?
To preempt the field of regulation of firearms and ammunition
What is the penalty for a person who violates the Legislature's occupation of the whole field of regulation of firearms and ammunition?
A civil fine, as set forth in the statute
What is the maximum amount of actual damages that can be awarded to a prevailing plaintiff in a suit against a local government for violating this section?
$100,000
What is the intent of s. 790.33?
All of the above
What is an exception to the prohibition on local governments regulating firearms?
Zoning ordinances that encompass firearms businesses along with other businesses
What is the consequence for a local government official who knowingly and willfully violates this section?
Termination of employment or contract or removal from office
What is the effect of s. 790.33 on existing ordinances and regulations?
They are null and void
What is the purpose of the exception in subsection (4)(b) of the statute?
To allow law enforcement agencies to regulate firearms and ammunition
What is the purpose of the exemptions provided in s. 790.33?
To exempt certain individuals from the licensing and penal provisions of the chapter
What is the consequence for a local government that uses public funds to defend or reimburse an official who knowingly and willfully violated this section?
The court will declare the defense or reimbursement invalid
What is the effect of s. 790.33 on local jurisdictions?
They are required to enforce state firearms laws
What is the penalty for a person who possesses an armor-piercing bullet or exploding bullet with knowledge of its armor-piercing or exploding capabilities loaded in a handgun?
A felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084
What is the requirement for a plaintiff to be considered a prevailing plaintiff in a suit against a local government for violating this section?
The defendant must voluntarily change the ordinance or regulation after the filing of the complaint
What is the rate at which interest accrues on the sums awarded to a prevailing plaintiff in a suit against a local government for violating this section?
The legal rate
What is the primary responsibility of the sport shooting range or training range owner or operator?
To implement risk-based corrective action principles
What is the presumption used in risk-based corrective action plans for sport shooting or training ranges?
The range is used for industrial purposes
What is the effect of the termination of cases against sport shooting or training ranges?
The defendant's cause of action for damages is unaffected
What is the penalty for intentionally and maliciously violating the provisions of this section?
A misdemeanor of the first degree
What is the effect of the Legislature occupying the whole field of regulation of firearms and ammunition use at sport shooting and training ranges?
The provisions of chapter 376 and chapter 403 are superseded
What is the purpose of the sport shooting and training range protection?
To provide immunity from lawsuits for range owners and operators
What is the requirement for sport shooting or training range owners or operators to receive immunity from lawsuits?
They must make a good faith effort to comply with subsection (4)
What is the effect of the withdrawal of claims against sport shooting or training ranges?
The defendant's cause of action for damages is unaffected
What is the purpose of the provisions of this act?
To provide protection for sport shooting or training range owners and operators
What is the scope of the Legislature's occupation of the whole field of regulation of firearms and ammunition use at sport shooting and training ranges?
The whole field of regulation of firearms and ammunition use at sport shooting and training ranges
What is the name of the act that may be cited as referring to the manufacture, distribution, or sale of firearms and ammunition?
The Joe Carlucci Uniform Firearms Act
What is the primary reason for prohibiting civil actions against firearms or ammunition manufacturers, distributors, or dealers?
The illegal use of firearms and ammunition is the proximate cause of injuries arising from their use.
What is the primary intent of the Legislature in relation to sport shooting or training ranges?
To provide maximum flexibility for implementation of environmental management practices
What type of action is a natural person permitted to bring against a firearms or ammunition manufacturer, distributor, or dealer?
An action for breach of a written contract, breach of an express warranty, or injuries resulting from a defect in the materials or workmanship
What is included in the definition of 'environment' in the context of sport shooting or training ranges?
Air, water, surface water, sediment, soil, and groundwater and other natural and manmade resources
Who is responsible for providing technical assistance with implementing environmental management practices to sport shooting or training ranges?
The Department of Environmental Protection
What is the primary limitation on a county, municipality, special district, or other political subdivision or agency of the state in bringing an action against a firearms or ammunition manufacturer, distributor, or dealer?
They cannot bring an action for damages, abatement, or injunctive relief resulting from the lawful design, marketing, distribution, or sale of firearms or ammunition
What is included in the definition of 'environmental management practices'?
Control and containment of projectiles, prevention of the migration of projectiles and their constituents to ground and surface water, periodic removal and recycling of projectiles, and documentation of actions taken
What is the primary reason for not considering a firearm or ammunition defective simply because of its potential to cause serious injury, damage, or death when discharged?
The potential to cause serious injury, damage, or death is not a defective condition of the product
What is the purpose of the notice given by the department to the sport shooting or training range owner, operator, tenant, or occupant?
To inform them of the department's intent to enter the site for the purpose of investigating potential sources of contamination
What is the penalty for a governmental entity that brings a civil action in violation of this section?
The defendant may recover all expenses resulting from such action
What is the role of the department in assisting sport shooting or training ranges with contamination assessment?
The department assists with contamination assessment, including preparing and presenting a plan to confirm the presence and extent of contamination
What is the purpose of the section on sport shooting and training range protection?
To protect sport shooting and training ranges from legal liability
What is the definition of a 'sport shooting and training range'?
Any area that has been designed, or operated for the use of, firearms, rifles, shotguns, pistols, silhouettes, skeet, trap, black powder, BB guns, airguns, or similar devices
How many sport shooting and training ranges exist on public and private lands throughout the state of Florida?
In excess of 400
Who is responsible for implementing situation-appropriate environmental management practices?
Sport shooting or training range owners, operators, tenants, or occupants
What is the primary purpose of the legislative findings in the section on sport shooting and training range protection?
To recognize the existence of sport shooting and training ranges on public and private lands throughout the state
What is the primary effect of the section on sport shooting and training range protection?
It provides liability protection for sport shooting and training ranges
What is the purpose of the Best Management Practices for Environmental Stewardship of Florida Shooting Ranges?
To promote environmental stewardship of Florida shooting ranges
What is the role of the department in providing copies of the Best Management Practices for Environmental Stewardship of Florida Shooting Ranges?
The department shall make a good faith effort to provide copies to all owners or operators of sport shooting or training ranges
What is the main purpose of sport shooting and training ranges in Florida?
To ensure the safe handling and operation of firearms
What is the current state of environmental management practices at shooting ranges in Florida?
They are evolving and will continue to evolve
What is the impact of unnecessary litigation and regulation on sport shooting and training ranges in Florida?
It increases the cost of defending against these actions
What is the role of the Department of Environmental Protection in relation to sport shooting and training ranges in Florida?
It works with range owners to develop best management practices
What is the significance of sport shooting and training ranges in relation to the Second Amendment to the United States Constitution?
They are necessary for the exercise of Second Amendment rights
What is the main purpose of the projectiles used at sport shooting and training ranges in Florida?
To facilitate the safe handling and operation of firearms
What is the current state of the environmental impact of sport shooting and training ranges in Florida?
The impact depends on site-specific factors
What is the purpose of the collaboration between the Department of Environmental Protection and shooting range owners and operators?
To minimize the potential for adverse environmental impact
What is the significance of the elimination of sport shooting and training ranges in Florida?
It would unnecessarily impair the ability of residents to exercise their Second Amendment rights
What is the main purpose of the development of shooting range best management practices in Florida?
To minimize the potential for adverse environmental impact
What is the primary reason for prohibiting the registration of firearms?
To protect the privacy rights of law-abiding firearm owners
What is excluded from the prohibition of registration of firearms?
Records of firearms used in committing crimes
What is the purpose of the legislative findings in this section?
To protect the right to keep and bear arms
What is the consequence of creating or maintaining records of purchases of firearms or ammunition?
It frustrates the right to keep and bear arms and violates the reasonable privacy rights of lawful purchasers of firearms or ammunition
What is the purpose of the prohibition on assigning a merchant category code to a seller of firearms or ammunition?
To protect the privacy rights of law-abiding firearm owners
What is the duration for which records of stolen firearms can be retained?
10 days
What is the primary reason for exempting certain records from the prohibition of registration of firearms?
To aid law enforcement
What is the consequence of a list, record, or registry of legally owned firearms or law-abiding firearm owners?
It becomes an instrument for profiling, harassing, or abusing law-abiding citizens
What is the purpose of the legislative intent in this section?
To protect the right to keep and bear arms and protect the privacy rights of law-abiding firearm owners
How long can official documentation recording the theft of a recovered weapon be maintained?
For the balance of the year entered, plus 2 years
What is the purpose of maintaining firearm records by firearm dealers under federal law?
To comply with federal law requirements
What is the penalty for a pawnbroker or secondhand dealer who contracts with a third-party provider in violation of the law?
A felony of the second degree
What is the maximum amount of time that electronic firearm records may be kept by a secondhand dealer?
30 days
What is the purpose of the restriction on the accumulation of firearm records by state governmental agencies?
To prevent the creation of a database of gun owners
What is the maximum amount of time that law enforcement agencies may keep electronic firearm records submitted by secondhand dealers and pawnbrokers?
60 days
What type of information may be electronically submitted to a third-party provider by secondhand dealers and pawnbrokers?
Manufacturer, model, serial number, and caliber of the firearm
What is the requirement for a third-party provider that receives electronic firearm records from secondhand dealers and pawnbrokers?
The provider must be exclusively incorporated, owned, and operated in the United States
What is the purpose of the records kept by the Department of Law Enforcement of NCIC transactions?
To comply with federal law requirements
What is the purpose of the records kept by insurers of firearms?
To identify firearms for insurance purposes
What records are exempt from being sold, commingled with records relating to other firearms, or transferred to any other person or entity?
Personal records of firearms maintained by the owner
How long can an insurer keep a record of a firearm after the policy of insurance expires?
60 days
What is the purpose of sales receipts retained by the seller of firearms?
To provide proof of purchase
Which of the following records are exempt from certain restrictions?
All of the above
Why can an employer or contracting entity maintain records of firearms owned by its officers, employees, or agents?
Because the firearms are used in the course of business
What is the purpose of records maintained by a business that stores or acts as the selling agent of firearms?
To facilitate the sale of firearms on behalf of the owner
What is the purpose of noncriminal records relating to the receipt, storage, or return of firearms?
To facilitate the storage and return of firearms
What is the limitation on records maintained by a business that stores or acts as the selling agent of firearms?
They must not be compiled, sorted, or otherwise arranged into lists, indexes, or registries of firearms or firearms owners
What is the degree of felony for violating paragraph (2)(a) of this section?
Felony of the third degree
Under what circumstances can public funds be used to defend a person charged with a violation of this section?
If the charges against the person are dismissed or the person is determined to be not guilty at trial
What is the maximum fine that can be assessed against a governmental entity for compiling or maintaining a list, record, or registry in violation of paragraph (2)(a)?
$5 million
Who is responsible for investigating alleged violations of paragraph (2)(b) or paragraph (2)(c)?
The Department of Agriculture and Consumer Services
What is the category of administrative fine that can be imposed for each violation of paragraph (2)(b) or paragraph (2)(c)?
Class III
Who is responsible for investigating complaints of criminal violations of this section, except for alleged violations of paragraph (2)(b) or paragraph (2)(c)?
The State Attorney
In what circumstances can the Attorney General bring a civil cause of action to enforce fines assessed under paragraph (c)?
If the court determines that the evidence shows that the list, record, or registry was compiled or maintained with the knowledge or complicity of the management of the governmental entity
What is the purpose of the fine assessed under paragraph (c)?
To deter the governmental entity from violating paragraph (2)(a) in the future
What is the primary purpose of the court issuing a temporary ex parte risk protection order?
To address the petitioner's immediate safety concerns
What is a factor that the court may consider when determining whether a risk protection order is necessary?
A recent act or threat of violence by the respondent
How long may a risk protection order be issued for?
Up to 12 months
What is a requirement for conducting a telephonic hearing?
Receipt of assurances of the petitioner's identity
What is the purpose of a hearing under this section?
To determine whether a risk protection order is necessary
Who may offer evidence or recommendations relating to the cause of action?
A person, including an officer of the court
What is the standard of evidence required to issue a risk protection order?
Clear and convincing evidence
What is the requirement for presenting evidence or recommendations relating to the cause of action?
In writing, with copies to each party
What is the purpose of the court considering a mental health evaluation or chemical dependency evaluation?
To address the respondent's potential mental health or chemical dependency issues
What is the relevance of the rules of evidence in a hearing under this section?
The rules of evidence apply to the same extent as in a domestic violence injunction proceeding
What information must secondhand dealers and pawnbrokers electronically submit to the appropriate law enforcement agencies as required by chapters 538 and 539?
The name of the manufacturer and caliber information of each firearm
What is prohibited for an insurer issuing any type of insurance policy in chapter 627?
Denying coverage based on the lawful ownership of a firearm or ammunition
Who may file a petition for a risk protection order under this section?
A law enforcement officer or a law enforcement agency
What is the purpose of section 790.336?
To ensure the destruction of lists, records, or registries maintained or under construction on the effective date of this act
Under what circumstances may a health care practitioner or health care facility make a written inquiry about firearm ownership?
If the practitioner believes that the information is relevant to the patient's medical care or safety, or the safety of others
What must be included in a petition for a risk protection order?
An affidavit stating the specific statements, actions, or facts that give rise to a reasonable fear of significant dangerous acts
What is the consequence of failing to destroy a list, record, or registry maintained or under construction on the effective date of this act?
Prosecution under this act may result
What is the time frame for a court to hold a hearing after receiving a petition for a risk protection order?
Within 14 days after the date of the order
What is the primary purpose of section 790.338?
To protect patients' privacy regarding firearm ownership
What may a court not charge fees for under this section?
All of the above
What is required to be provided to a family or household member of the respondent and any known third party who may be at risk of violence?
Notice that the petitioner intends to petition the court for a risk protection order
What is the consequence of discriminating against a patient based solely on their exercise of the constitutional right to own and possess firearms or ammunition?
There is no consequence specified in the statute
Under what circumstances may an emergency medical technician or paramedic make an inquiry about firearm ownership?
If the technician or paramedic believes that the information is relevant to the patient's medical care or safety, or the safety of others
Where must the petition be filed under this section?
In the county where the petitioner's law enforcement office is located
What is not required for a petition under this section?
Representation by an attorney
What is the purpose of the prohibition on entering certain information into a patient's medical record?
To protect patients' privacy regarding firearm ownership
What is the consequence of a health care practitioner or health care facility unnecessarily harassing a patient about firearm ownership?
There is no consequence specified in the statute
What is the jurisdiction of the courts under this section?
Circuit courts of this state
What information must a risk protection order include?
A statement of the grounds supporting the issuance of the order, the date the order was issued, the date the order ends, the address of the court in which any responsive pleading should be filed, and whether a mental health evaluation or chemical dependency evaluation of the respondent is required
What is the purpose of a temporary ex parte risk protection order?
To prevent the respondent from causing personal injury to himself or herself or others in the near future
What is the requirement for the surrender of all firearms and ammunition that the respondent owns?
The respondent must surrender all firearms and ammunition immediately
What is the right of the respondent after the issuance of a risk protection order?
The respondent may request a hearing to vacate the order and may seek the advice of an attorney
What is the duty of the court when issuing a risk protection order?
The court must do both a and b
What is the purpose of the statement included in the risk protection order?
To inform the respondent of the terms and conditions of the order
What is the minimum number of days after the date of service of the request upon the petitioner that the hearing must occur?
14 days
What is the burden of proof for the respondent to prove they do not pose a significant danger of causing personal injury to themselves or others?
Clear and convincing evidence
What is the duration of a temporary ex parte risk protection order?
Until the date of the scheduled hearing
What is the requirement for a petitioner to request a temporary ex parte risk protection order?
The petitioner must include detailed allegations based on personal knowledge in the petition
What happens if the court finds the respondent has met their burden of proof?
The court vacates the order
What is the duty of the court when denying a petitioner's request for a risk protection order?
The court must state the particular reasons for the denial
What is the maximum duration of a risk protection order extension?
12 months
What must the respondent surrender to the local law enforcement agency upon issuance of a risk protection order?
All firearms and ammunition
What is the purpose of a risk protection order?
To prevent the respondent from causing personal injury to himself or herself or others in the near future
What must you surrender immediately to the local law enforcement agency?
All firearms and ammunition in your custody, control, or possession
What is the purpose of the notice to the petitioner of the impending end of a risk protection order?
To allow the petitioner to request an extension of the order
What happens if you fail to appear at the hearing?
The court may issue an order against you which is valid for 1 year
How must the respondent be served in the motion to extend a risk protection order?
By personal service
What is the purpose of the hearing for a motion to extend a risk protection order?
To determine if the respondent poses a significant danger to themselves or others
What must be served by a law enforcement officer in the same manner as provided for in subsection (5) for service of the notice of hearing and petition?
The temporary ex parte risk protection order and the notice of hearing and petition concurrently
What happens if the court denies the petitioner's request for a temporary ex parte risk protection order?
The court will state the particular reasons for the denial
What is the timeframe for the court to schedule a hearing upon receipt of the motion to extend a risk protection order?
No later than 14 days
What is the effect of the court's finding that the respondent has met their burden of proof in the hearing for a motion to extend a risk protection order?
The court vacates the order
Who is responsible for furnishing to the sheriff information on the respondent's physical description and location?
The clerk of the court
How can the respondent request a hearing to vacate a risk protection order?
By submitting a written request to the court
What happens when the court receives a request for a hearing to vacate a risk protection order?
The court will set a date for a hearing
Who may be authorized to effect service of a risk protection order?
A law enforcement agency within the jurisdiction
What is the purpose of the certification by the clerk of the court for service of a risk protection order?
To provide evidence of service
When is service by mail considered complete?
Upon mailing by the clerk
What must a respondent do immediately after being served with a risk protection order?
Surrender any firearms and ammunition owned by the respondent to the local law enforcement agency
Under what circumstances may a law enforcement officer seek a search warrant?
If the officer has probable cause to believe that there are firearms or ammunition owned by the respondent in the respondent's custody, control, or possession
What must a law enforcement officer do when taking possession of a firearm or ammunition?
Issue a receipt identifying all firearms and ammunition that have been surrendered
What happens if a person other than the respondent claims title to surrendered firearms or ammunition?
The firearms or ammunition are returned to the lawful owner, if they agree to store them in a manner that the respondent cannot access
What must a respondent do upon issuance of a risk protection order?
Surrender any firearms and ammunition owned by the respondent and appear in court no later than 3 business days after the issuance of the order
What is the purpose of a search warrant issued under this section?
To seize any firearms or ammunition owned by the respondent discovered during the search
What must a law enforcement agency do regarding the acceptance, storage, and return of firearms, ammunition, or licenses?
Develop policies and procedures
What happens if a respondent fails to comply with the surrender of firearms or ammunition?
The court shall determine whether probable cause exists to believe that the respondent has failed to surrender all firearms or ammunition
What is the purpose of a risk protection order?
To prohibit the respondent from possessing firearms or ammunition
What must a respondent do after being served with a risk protection order?
Surrender any firearms and ammunition owned by the respondent and appear in court
What must a law enforcement agency confirm through a background check before returning a firearm or ammunition to a respondent after a risk protection order has been vacated or ended without extension?
The respondent is currently eligible to own or possess firearms and ammunition under federal and state law.
What must the Department of Agriculture and Consumer Services do if a risk protection order is vacated or ends without extension?
Reinstate the respondent's license to carry a concealed weapon or firearm after confirming their eligibility.
What must a law enforcement agency provide to family or household members of the respondent before returning a surrendered firearm and ammunition?
A notice of the return of the surrendered firearm and ammunition.
What happens to a firearm and ammunition that remains unclaimed for 1 year after an order to vacate the risk protection order?
It is disposed of in accordance with the law enforcement agency's policies and procedures.
What is a requirement for a respondent to transfer all firearms and ammunition to another person?
The chosen recipient must attest to storing the firearms and ammunition in a manner that the respondent does not have access to or control of them.
What must the clerk of the court do within 24 hours after issuance of a risk protection order or temporary ex parte risk protection order?
All of the above.
What is the purpose of entering a risk protection order into the Florida Crime Information Center and National Crime Information Center?
To notify law enforcement agencies of the existence of the order.
What is the duration of a risk protection order in the Florida Crime Information Center and National Crime Information Center?
Until the order is vacated or ended.
What is the effect of a risk protection order being fully enforceable in any county in this state?
The respondent is prohibited from owning or possessing firearms and ammunition in all counties in this state.
What must the law enforcement agency do after receiving a copy of the risk protection order?
Enter the order into the Florida Crime Information Center and National Crime Information Center.
What must the instructions for petitioners provide regarding firearms and ammunition?
Pictures of types of firearms and ammunition or an equivalent means to identify them
What must the risk protection order form include in a conspicuous location?
Notice of criminal penalties resulting from violation of the order and a statement about the petitioner's responsibility
Who is responsible for distributing a master copy of the petition and order forms, instructions, and informational brochures?
The Office of the State Courts Administrator
What is the minimum time period within which the clerk of the court must make available the standardized forms, instructions, and informational brochures?
90 days
Within how many business days must the issuing court forward all available identifying information concerning the respondent to the Department of Agriculture and Consumer Services after issuance of a risk protection order or temporary ex parte risk protection order?
3 business days
What is the purpose of the community resource list?
To provide a list of crisis intervention, mental health, substance abuse, interpreter, counseling, and other relevant resources
Who may create a community resource list?
Any clerk of court
What happens to the respondent's license to carry a concealed weapon or firearm if the Department of Agriculture and Consumer Services determines that the respondent has a license?
The license is suspended immediately
What is the format in which the Office of the State Courts Administrator must distribute the master copy of the petition and order forms, instructions, and informational brochures?
Both paper and electronic formats
What happens if a risk protection order is vacated before its end date?
The order is removed from all computer-based systems
Under what circumstances does the Office of the State Courts Administrator update the instructions, brochures, standard petition and risk protection order forms, and court staff handbook?
When there are changes in the law
What is the penalty for a person who makes a false statement, which they do not believe to be true, under oath in a hearing under this section in regard to any material matter?
Felony of the third degree
What happens to a person who has in their custody or control a firearm or any ammunition or who purchases, possesses, or receives a firearm or any ammunition with knowledge that they are prohibited from doing so by an order issued under this section?
They commit a felony of the third degree
What is the purpose of the instructional and informational materials developed by the Office of the State Courts Administrator?
To assist petitioners in completing the petition and to provide information about the risk protection order process
What is the language requirement for the instructions and informational brochures developed by the Office of the State Courts Administrator?
They must be in English and other languages as determined by the office
What is the requirement for the standard petition and order forms developed by the Office of the State Courts Administrator?
They must be used for all petitions filed and orders issued after January 1, 2019
What is the purpose of the means for the petitioner to identify, with only layman’s knowledge, the firearms or ammunition the respondent may own, possess, receive, or have in their custody or control?
To assist petitioners in completing the petition
What is the exemption under subsection (13) related to?
Criminal or civil liability for acts or omissions related to obtaining a risk protection order or temporary ex parte risk protection order
Study Notes
Definitions
- Ammunition: an object with a fixed metallic or nonmetallic hull or casing containing a primer, one or more projectiles, bullets, or shot, and gunpowder.
- Antique firearm: a firearm manufactured in or before 1918, or a replica, and firearms using fixed ammunition manufactured in or before 1918, with no longer manufactured ammunition available in the US.
- Concealed firearm: a firearm carried on or about a person in such a manner as to conceal the firearm from ordinary sight.
- Concealed weapon: a dirk, metallic knuckles, billie, tear gas gun, chemical weapon or device, or other deadly weapon carried on or about a person, concealed from ordinary sight.
Explosives and Destructive Devices
- Explosive: a chemical compound or mixture that yields readily to combustion or oxidation, including dynamite, nitroglycerin, trinitrotoluene, or ammonium nitrate.
- Destructive device: a bomb, grenade, mine, rocket, missile, pipebomb, or similar device containing an explosive, incendiary, or poison gas.
Firearms and Weapons
- Firearm: a weapon that expels a projectile by the action of an explosive, including the frame or receiver of such a weapon, a firearm muffler or silencer, or a destructive device.
- Handgun: a firearm capable of being carried and used by one hand, such as a pistol or revolver.
- Machine gun: a firearm that shoots more than one shot automatically without manual reloading, by a single function of the trigger.
Law Enforcement and Licenses
- Law enforcement officer: an officer or employee of the US or Florida, or any agency, commission, department, board, division, municipality, or subdivision, with authority to make arrests.
- License to carry a concealed weapon or firearm: a license issued under s. 790.06, authorizing a person to carry a concealed weapon or firearm.
Penalties and Exemptions
- Carrying a concealed weapon or firearm without a license: a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
- Law enforcement officers: exempt from licensing and penal provisions when acting within the scope of official duties or in the line of duty.
- Off-duty law enforcement officers: authorized to carry concealed firearms, at the discretion of their superior officers.
Definitions
- Ammunition: an object with a fixed metallic or nonmetallic hull or casing containing a primer, one or more projectiles, bullets, or shot, and gunpowder.
- Antique firearm: a firearm manufactured in or before 1918, or a replica, and firearms using fixed ammunition manufactured in or before 1918, with no longer manufactured ammunition available in the US.
- Concealed firearm: a firearm carried on or about a person in such a manner as to conceal the firearm from ordinary sight.
- Concealed weapon: a dirk, metallic knuckles, billie, tear gas gun, chemical weapon or device, or other deadly weapon carried on or about a person, concealed from ordinary sight.
Explosives and Destructive Devices
- Explosive: a chemical compound or mixture that yields readily to combustion or oxidation, including dynamite, nitroglycerin, trinitrotoluene, or ammonium nitrate.
- Destructive device: a bomb, grenade, mine, rocket, missile, pipebomb, or similar device containing an explosive, incendiary, or poison gas.
Firearms and Weapons
- Firearm: a weapon that expels a projectile by the action of an explosive, including the frame or receiver of such a weapon, a firearm muffler or silencer, or a destructive device.
- Handgun: a firearm capable of being carried and used by one hand, such as a pistol or revolver.
- Machine gun: a firearm that shoots more than one shot automatically without manual reloading, by a single function of the trigger.
Law Enforcement and Licenses
- Law enforcement officer: an officer or employee of the US or Florida, or any agency, commission, department, board, division, municipality, or subdivision, with authority to make arrests.
- License to carry a concealed weapon or firearm: a license issued under s. 790.06, authorizing a person to carry a concealed weapon or firearm.
Penalties and Exemptions
- Carrying a concealed weapon or firearm without a license: a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
- Law enforcement officers: exempt from licensing and penal provisions when acting within the scope of official duties or in the line of duty.
- Off-duty law enforcement officers: authorized to carry concealed firearms, at the discretion of their superior officers.
Concealed Weapon and Concealed Firearm Laws in Florida
- Open carrying of weapons: Except as otherwise provided by law, it is unlawful to openly carry a firearm or electric weapon on one's person.
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Exceptions to open carrying:
- Briefly and openly displaying a firearm for lawful self-defense, as long as it is not intentionally displayed in an angry or threatening manner.
- Carrying a self-defense chemical spray, nonlethal stun gun, or other nonlethal electric weapon or device designed solely for defensive purposes.
License to Carry Concealed Weapon or Concealed Firearm
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Eligibility criteria: Applicants must be:
- At least 21 years old
- A resident of the United States and a citizen of the United States or a permanent resident alien
- Not prohibited from possessing a firearm under s. 790.23
- Not chronically and habitually using alcoholic beverages or other substances to the extent that their normal faculties are impaired
- Not adjudicated an incapacitated person or committed to a mental institution
- Not prohibited from purchasing or possessing a firearm by any other provision of Florida or federal law
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Application requirements:
- Completed application form
- Fee of up to 55foranewlicenseor55 for a new license or 55foranewlicenseor45 for a renewal
- Full set of fingerprints administered by a law enforcement agency or the Division of Licensing
- Photocopy of a certificate, affidavit, or document demonstrating competence with a firearm
- Full frontal view color photograph taken within the preceding 30 days
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Processing of application: The Department of Agriculture and Consumer Services will:
- Forward the fingerprints to the Department of Law Enforcement for state and federal processing
- Issue the license or deny the application within 90 days
- Suspend the license if the applicant is arrested or formally charged with a crime that would disqualify them from having a license
Maintaining and Renewing a License
- License duration: Licenses are valid for 7 years
- Renewal requirements: Same as the initial application, with a fee of up to $45
- Change of address: Licensees must notify the Department of Agriculture and Consumer Services within 30 days of a change of address
- Lost or destroyed license: Licensees may obtain a duplicate license for a fee of $15
Suspension or Revocation of a License
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Grounds for suspension or revocation:
- Ineligibility under the criteria set forth in subsection (2)
- Physical infirmity that prevents the safe handling of a weapon or firearm
- Conviction of a felony or certain misdemeanors
- Commitment as a substance abuser or habitual offender
- Adjudication as an incapacitated person or commitment to a mental institution
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Service of notice: Notice of suspension or revocation will be given by certified mail or personal service
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Request for hearing: Licensees must file a request for a hearing with the department within 21 days of receiving notice.### Concealed Weapons and Firearms
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At least 90 days before the expiration date, the Department of Agriculture and Consumer Services will mail a written notice of expiration and a renewal form to license holders.
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The licensee must renew their license by filing the renewal form, affidavit, color photograph, and required fees on or before the expiration date.
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Out-of-state residents must also submit fingerprints and a fingerprint processing fee.
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A license may not be renewed 180 days or more after its expiration date, and it is deemed permanently expired.
Restrictions on Carrying Concealed Weapons
- A license does not authorize carrying a concealed weapon or firearm into:
- Places of nuisance
- Police, sheriff, or highway patrol stations
- Detention facilities, prisons, or jails
- Courthouses
- Courtrooms (except as permitted by the judge)
- Polling places
- Meetings of government bodies
- Schools, colleges, or professional athletic events
- Elementary or secondary school facilities or administration buildings
- Career centers
- Portions of establishments licensed to dispense alcoholic beverages
- College or university facilities (except for registered students, employees, or faculty members)
- Airports (inside the passenger terminal and sterile area)
Exceptions and Provisions
- A person licensed to carry a concealed weapon or firearm is not prohibited from carrying or storing a firearm in a vehicle for lawful purposes.
- A person licensed to carry a concealed weapon or firearm may carry it on property owned, rented, leased, borrowed, or lawfully used by a church, synagogue, or other religious institution.
- The Legislature finds that it is necessary to provide statewide uniform standards for issuing licenses to carry concealed weapons and firearms.
- The Department of Agriculture and Consumer Services shall implement and administer the section.
- The section shall be liberally construed to carry out the constitutional right to bear arms.
Statistics and Records
- The Department of Agriculture and Consumer Services shall maintain statistical information on the number of licenses issued, revoked, suspended, and denied.
- The confidentiality of personal identifying information of applicants and license holders is exempt from public records.
Special Provisions
- Judges and justices are not required to comply with the licensure provisions, except for demonstrating competence.
- Members and veterans of the United States Armed Forces are not required to comply with the licensure provisions, except for demonstrating competence.
- Tax collectors may be appointed to accept applications for concealed weapon or firearm licenses on behalf of the Department of Agriculture and Consumer Services.
- A person who has been adjudicated mentally defective or committed to a mental institution may not own or possess a firearm until relief from the firearm possession and firearm ownership disability is obtained.
Firearms Sale and Delivery
- A licensed importer, manufacturer, or dealer must follow specific procedures before selling or delivering a firearm to a person:
- Obtain a completed form from the buyer or transferee, including identification and a social security number
- Collect a fee for processing the criminal history check
- Request a check of the buyer's information from the Department of Law Enforcement
- Receive a unique approval number from the Department of Law Enforcement
Criminal History Record Check
- The Department of Law Enforcement will:
- Review records to determine if the buyer has been convicted of a felony or misdemeanor
- Check for adjudications of mental defectiveness or commitments to mental institutions
- Check for any outstanding warrants or arrests
- Inform the licensee of the results of the check
Prohibitions
- The following persons are prohibited from receiving or possessing a firearm:
- Those who have been convicted of a felony
- Those who have been convicted of a misdemeanor crime of domestic violence
- Those who have been adjudicated mentally defective or committed to a mental institution
- Those who are subject to a restraining order or injunction
Exceptions
- The following persons are exempt from the criminal history record check:
- Holders of a valid concealed weapons or firearms license
- Law enforcement officers, correctional officers, or correctional probation officers
- Residents of another state who purchase a rifle or shotgun from a licensed importer, manufacturer, or dealer in Florida
Record Keeping
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The Department of Law Enforcement will maintain a database of persons who are prohibited from purchasing a firearm
-
Records of criminal history record checks will be confidential and exempt from public disclosure
-
The Department of Law Enforcement may maintain records of NCIC transactions for a period of up to 2 years### Department of Law Enforcement Responsibilities
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The Department of Law Enforcement must establish a toll-free telephone number operational 7 days a week (except for Christmas Day and New Year's Day) from 9 a.m. to 9 p.m. for responding to inquiries from licensed manufacturers, importers, and dealers.
-
The Department must employ and train personnel to administer the provisions of this section.
Criminal History Records Review and Correction
- Any person denied the right to receive or purchase a firearm due to the procedures established by this section can request a criminal history records review and correction in accordance with the rules promulgated by the Department of Law Enforcement.
Prohibitions and Penalties
- It is unlawful for a licensed dealer, manufacturer, or importer to willfully and intentionally request criminal history record information under false pretenses or disseminate such information to unauthorized persons.
- Any person convicted of a violation of this subsection commits a felony of the third degree.
Identity, Confidentiality, and Security of Records
- The Department of Law Enforcement must promulgate regulations to ensure the identity, confidentiality, and security of all records and data provided pursuant to this section.
Effective Date and Exceptions
- This section becomes effective when the Department of Law Enforcement notifies all licensed importers, manufacturers, and dealers in writing that the procedures and toll-free number are operational.
- The section remains in effect only during the times when the procedures described in subsection (2) remain operational.
- A licensed importer, manufacturer, or dealer is not required to comply with the requirements of this section in certain circumstances, such as unavailability of telephone service or failure of the Department of Law Enforcement to comply with the requirements.
Compliance and Defense
- Compliance with the provisions of this chapter is a complete defense to any claim or cause of action under the laws of any state for liability for damages arising from the importation or manufacture of any firearm.
- The Department of Law Enforcement, its agents, and employees are not liable for any claim or cause of action under the laws of any state for liability for damages arising from their actions in lawful compliance with this section.
Penalties for Violations
- Any person who willfully and knowingly provides false information or false or fraudulent identification commits a felony of the third degree.
- Any licensed importer, manufacturer, or dealer who violates the provisions of subsection (1) commits a felony of the third degree.
- Any employee or agency of a licensed importer, manufacturer, or dealer who violates the provisions of subsection (1) commits a felony of the third degree.
- Any person who knowingly acquires a firearm through purchase or transfer intended for the use of a person who is prohibited by state or federal law from possessing or receiving a firearm commits a felony of the third degree.
Purchase and Delivery of Firearms
- A mandatory waiting period of 3 days is imposed between the purchase and delivery of a firearm, excluding weekends and legal holidays.
- The waiting period does not apply in certain circumstances, such as when a firearm is being purchased by a holder of a concealed weapons or concealed firearms license, when a firearm is being traded in, or when a rifle or shotgun is being purchased by a law enforcement officer or correctional officer, or a servicemember.
Penalties for Violations of Waiting Period
- It is a felony of the third degree for any retailer, or any employee or agent of a retailer, to deliver a firearm before the expiration of the waiting period, subject to the exceptions provided.
- It is a felony of the third degree for a purchaser to obtain delivery of a firearm by fraud, false pretense, or false representation.
Firearms and Weapons Laws
Possession and Use of Weapons
- A person committing or attempting to commit a felony while displaying, using, or threatening to use a weapon is guilty of a felony of the third degree (790.07(1))
- If the weapon is a firearm, the person is guilty of a felony of the second degree (790.07(2))
- Certain crimes, such as antitrust violations and bigamy, are excluded from this section (790.07(3))
- A person convicted of a violation of subsection (1) or (2) who commits another felony while possessing a weapon is guilty of a felony of the first degree (790.07(4))
Taking Possession of Weapons and Arms
- Officers making an arrest under 790.07 must take possession of any weapons found on the person arrested (790.08(1))
- If the person is convicted, the weapons become forfeited to the state (790.08(2))
- If the person is acquitted, the weapons must be returned to them within 60 days (790.08(3))
- Weapons that are not reclaimed by their owners within 6 months become forfeited to the state (790.08(5))
Manufacturing or Selling Metallic Knuckles
- Manufacturing or selling metallic knuckles is a misdemeanor of the second degree (790.09)
Improper Exhibition of Weapons
- Exhibiting a weapon in a rude, careless, angry, or threatening manner is a misdemeanor of the first degree (790.10)
Possessing or Discharging Weapons on School Property
- Possessing a firearm or other weapon on school property is a felony of the third degree (790.115(2)(b))
- Discharging a firearm on school property is a felony of the second degree (790.115(2)(d))
- Exceptions apply to law enforcement officers, school-sponsored events, and certain individuals with concealed weapon permits (790.115(3), (e))
Discharging Firearms in Public or on Residential Property
- Discharging a firearm in public or on residential property is a misdemeanor of the first degree (790.15(1))
- Discharging a firearm from a vehicle within 1,000 feet of a person is a felony of the second degree (790.15(2))
- Recreational discharge of a firearm in a residential area is a misdemeanor of the first degree (790.15(4))
Using Firearms While Under the Influence
- Using a firearm while under the influence of alcohol or controlled substances is a misdemeanor of the second degree (790.151)
- Refusal to submit to a chemical or physical breath or urine test is admissible as evidence in a criminal proceeding (790.153)### Blood Test for Impairment or Intoxication
- A person who causes death or serious bodily injury while under the influence of alcoholic beverages or controlled substances must submit to a blood test to determine the alcoholic content or presence of controlled substances
- The law enforcement officer may use reasonable force to require the person to submit to the blood test
- "Serious bodily injury" means a physical condition that creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of any bodily member or organ
Presumption of Impairment
- It is unlawful to use a firearm while under the influence of alcoholic beverages or controlled substances to the extent that normal faculties are impaired
- The results of a blood test or breath analysis are admissible as evidence in a civil or criminal trial
- The amount of alcohol in the person's blood gives rise to the following presumptions:
- 0.05% or less by weight of alcohol in the blood: presumed not under the influence
- More than 0.05% but less than 0.10% by weight of alcohol in the blood: no presumption
- 0.10% or more by weight of alcohol in the blood: prima facie evidence of being under the influence
Discharging Machine Guns
- It is unlawful to shoot or discharge any machine gun upon, across, or along any road, street, or highway, or in any public park or public place
- Discharge of a machine gun in such areas with intent to do bodily harm or damage to property is a felony of the first degree
Destructive Devices
- A person who willfully and unlawfully makes, possesses, throws, projects, places, or discharges any destructive device commits a felony of the third degree
- If the act is perpetrated with intent to do bodily harm or property damage, it is a felony of the second degree
- If the act results in bodily harm or property damage, it is a felony of the first degree
- If the act results in death, it is a capital felony
Threats and False Reports
- It is unlawful to threaten to throw, project, place, or discharge any destructive device or to make a false report concerning the planting of a bomb or weapon of mass destruction
- Such threats or false reports are felonies of the second degree
- Making a false report concerning the use of firearms in a violent manner is also a felony of the second degree
Hoax Bombs
-
A "hoax bomb" is any device or object that appears to be or is represented to be a destructive device or explosive, but is in fact inoperative or an imitation
-
Possessing, selling, displaying, or using a hoax bomb is a felony of the second degree
-
Threatening to use or attempting to use a hoax bomb is also a felony of the second degree### Definition of Terms
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A "hoax weapon of mass destruction" is a device or object that appears to be a weapon of mass destruction but is actually an inoperative facsimile, imitation, counterfeit, or representation.
-
A "biological agent" is any microorganism, virus, infectious substance, or biological product that can cause death, disease, or biological malfunction in a living organism, or deterioration of food, water, equipment, or the environment.
-
A "toxin" is a toxic material or biological product that can be engineered through biotechnology, produced by a living organism, or is a poisonous isomer or biological product.
-
A "delivery system" is any apparatus or device specifically designed to deliver or disseminate a biological agent, toxin, or vector.
-
A "vector" is a living organism or molecule that can carry a biological agent or toxin to a host.
Crimes and Penalties
- Manufacturing, possessing, selling, delivering, or using a weapon of mass destruction without lawful authority is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life or as provided in s. 775.082, s. 775.083, or s. 775.084.
- If death results from the use of a weapon of mass destruction, it is a capital felony, punishable as provided in s. 775.082.
- Manufacturing, possessing, selling, delivering, or using a hoax weapon of mass destruction is a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
- Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit any felony is also a felony of the second degree.
Exceptions and Additional Penalties
- The section does not apply to members or employees of the Armed Forces, federal or state governmental agencies, or private entities who are engaged in lawful activity within the scope of their employment and are authorized or licensed to manufacture, possess, sell, deliver, or use weapons of mass destruction.
- A device that emits or discharges smoke or an offensive substance for the purpose of self-protection or immobilizing an attack is not considered a weapon of mass destruction.
- A person convicted of a violation of this section may be required to pay restitution for all costs and damages arising from the criminal conduct.
Juvenile Offenders and Firearms
- A law enforcement agency may release the name and address of a child who has been convicted of an offense involving possession or use of a firearm.
Furnishing Weapons to Minors
- It is a misdemeanor of the first degree to furnish weapons to minors under 18 years of age or to persons of unsound mind.
- Exceptions include:
- Parents or guardians transferring ownership of a firearm to a minor with their permission.
- The parent or guardian must maintain possession of the firearm.
Legislative Findings and Intent
- The Legislature aims to protect children from accidents and injuries caused by negligently stored firearms.
- Adults retain their right to keep and bear firearms for hunting, sporting, and self-defense.
Safe Storage of Firearms
- Adults are required to store firearms securely to prevent minors from accessing them.
- Failure to comply with this requirement is a misdemeanor of the second degree.
Transfer or Sale of Firearms
- Sellers or transferors of firearms must provide written warnings to purchasers or transferees.
- Failure to provide warnings is a misdemeanor of the second degree.
Use of BB Guns and Other Weapons by Minors
- Minors under 16 years of age are prohibited from using BB guns, air or gas-operated guns, or electric weapons without adult supervision.
- Minors under 18 years of age are prohibited from possessing firearms, except in certain circumstances (e.g., hunting, marksmanship competitions).
- Penalties for violations include community service, detention, and suspension of driving privileges.
Possession of Short-Barreled Rifles, Shotguns, and Machine Guns
- It is unlawful to own or possess short-barreled rifles, shotguns, or machine guns, except for antique firearms.
- Violations are punishable as a felony of the second degree.
Bump-Fire Stocks
- Bump-fire stocks are prohibited in the state.
- Violations are punishable as a felony of the third degree.
- A bump-fire stock is defined as a conversion kit, tool, accessory, or device that alters the rate of fire of a firearm to mimic automatic weapon fire.### Ballistic Self-Propelled Knives
- It is unlawful to manufacture, display, sell, own, possess, or use a ballistic self-propelled knife in Florida.
- A ballistic self-propelled knife is considered a dangerous or deadly weapon and is subject to seizure.
- Exceptions to this law include devices that open to reveal a knifelike blade but remain physically integrated with the device, and devices that propel arrows, bolts, or darts (e.g., common bows, compound bows, crossbows, or underwater spear guns).
Felons and Delinquents
- It is unlawful for a person convicted of a felony or found to have committed a delinquent act to own or possess a firearm, ammunition, or electric weapon or device.
- Exceptions to this law include individuals who have had their civil rights and firearm authority restored.
- A person who violates this law commits a felony of the second degree.
Possession of Firearms or Ammunition
- A person subject to an injunction for domestic violence, stalking, or cyberstalking may not possess a firearm or ammunition.
- Violation of this law is a misdemeanor of the first degree.
- Exceptions to this law include law enforcement officers holding an active certification.
Violent Career Criminals
- A person who meets the violent career criminal criteria and owns or possesses a firearm, ammunition, or electric weapon or device commits a felony of the first degree.
- A person convicted of a violation of this law is not eligible for discretionary early release.
- Exceptions to this law include individuals who have had their civil rights and firearm authority restored.
Medical Treatment and Reporting
- Any medical professional treating a person with a gunshot wound or life-threatening injury indicating an act of violence must report the incident to the sheriff's department.
- Failure to report such an incident is a misdemeanor of the first degree.
Lawful Ownership and Possession of Firearms
- The following individuals are exempt from certain laws restricting the ownership and possession of firearms:
- Members of the military, National Guard, and law enforcement agencies
- Citizens subject to duty in the Armed Forces
- Persons carrying out or training for emergency management duties
- Peace and law enforcement officers and their deputies and assistants
- Officers or employees of the state or United States authorized to carry a concealed weapon or firearm
- Guards or messengers of common carriers, express companies, and armored car carriers
- Regularly enrolled members of organizations authorized to purchase or receive weapons or firearms
- Persons engaged in fishing, camping, or lawful hunting
- Persons engaged in the business of manufacturing, repairing, or dealing in firearms
- Investigators employed by public defenders and capital collateral regional counsel
- Tactical medical professionals operating in direct support of a tactical operation by a law enforcement agency
Protection of the Right to Keep and Bear Arms in Motor Vehicles
- The "Preservation and Protection of the Right to Keep and Bear Arms in Motor Vehicles Act of 2008" protects the right to keep and bear arms in motor vehicles for self-defense and other lawful purposes.
- The act prohibits public and private employers from violating the constitutional rights of customers, employees, or invitees.
Definitions
- A "parking lot" is property used for parking motor vehicles and available to customers, employees, or invitees.
- A "motor vehicle" includes any vehicle operated on the roads of Florida and required to be registered under state law.
- An "employee" is a person authorized to carry a concealed weapon or firearm and works for salary, wages, or remuneration, or is an independent contractor, volunteer, or intern.
- An "employer" is a business, including a public sector entity, with employees.
- An "invitee" is a business invitee, including customers or visitors, lawfully on the premises of an employer.
Legislative Intent and Findings
- The Legislature intends to codify the right to keep and bear arms in motor vehicles for self-defense and other lawful purposes.
- The Legislature finds that citizens have a constitutional right to keep and bear arms and that this right is not abrogated by becoming a customer, employee, or invitee of a business entity.
Prohibited Acts
- No public or private employer may prohibit customers, employees, or invitees from possessing legally owned firearms in a locked motor vehicle in a parking lot.
- No public or private employer may verbally or in writing inquire about the presence of a firearm in a motor vehicle, or search a motor vehicle to ascertain the presence of a firearm.
- No public or private employer may take action against a customer, employee, or invitee based on statements regarding the possession of a firearm in a motor vehicle.
- No public or private employer may condition employment on the fact that an employee is authorized to carry a concealed weapon or firearm.
- No public or private employer may prohibit customers, employees, or invitees from entering a parking lot because of a legal firearm in a motor vehicle.
Duty of Care and Immunity from Liability
- Public and private employers have no duty of care related to prohibited acts under this section.
- Public and private employers are not liable in a civil action for complying with this section.
- The immunity does not apply to civil actions based on unrelated actions or inactions.
Enforcement
- The Attorney General shall enforce the protections of this act on behalf of aggrieved persons.
- The Attorney General may commence a civil or administrative action for damages, injunctive relief, and civil penalties.
Exceptions
- The prohibitions do not apply to school property, correctional institutions, nuclear-powered electricity generation facilities, or property with substantial national defense, aerospace, or homeland security activities.
- The prohibitions do not apply to property with a primary business involving combustible or explosive materials, or property owned or leased by an employer with a federal permit to engage in explosive materials.
- The prohibitions do not apply to motor vehicles owned, leased, or rented by an employer, or property with a federal law or contract prohibiting firearms.
Paramilitary Training
- The "State Antiparamilitary Training Act" prohibits teaching or demonstrating the use of firearms, destructive devices, or techniques capable of causing injury or death, with the intent to use them in a civil disorder.
- The act does not prohibit training or teaching for hunting, recreation, competition, self-defense, or the protection of persons or property.
Armor-Piercing or Exploding Ammunition
- The manufacture, sale, delivery, or possession of armor-piercing bullets, exploding bullets, dragon's breath shotgun shells, bolo shells, or flechette shells is prohibited, except for law enforcement agencies.
- It is a felony of the third degree to manufacture, sell, deliver, or possess such prohibited items, and a felony of the second degree to possess them with intent to use them in a criminal act.
Field of Regulation of Firearms and Ammunition
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The Legislature occupies the whole field of regulation of firearms and ammunition, to the exclusion of all local ordinances or administrative regulations.
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Any existing or future ordinances, rules, or regulations are null and void.
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The Legislature intends to provide uniform firearms laws and to deter and prevent the violation of rights protected under the constitution and laws of Florida.### Florida Statutes on Firearms
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Exceptions to Firearms Regulations:
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Zoning ordinances that encompass firearms businesses along with other businesses are allowed, unless designed to restrict or prohibit firearms or ammunition sales.
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Law enforcement agencies can regulate firearms, ammunition, or accessories for peace officers.
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Entities can regulate firearms and ammunition for employees during official duties.
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Courts and administrative law judges can hear and resolve cases related to firearms.
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The Florida Fish and Wildlife Conservation Commission can regulate firearms and ammunition for wildlife management and shooting ranges.
Prohibition of Civil Actions against Firearms Manufacturers and Dealers
- Findings:
- The manufacture, distribution, or sale of firearms and ammunition is a lawful activity.
- Unlawful use of firearms is the proximate cause of injuries, not the lawful manufacture, distribution, or sale.
- Prohibitions:
- A legal action against firearms or ammunition manufacturers, distributors, or dealers on behalf of the state or its agencies is prohibited, except for breach of contract or warranty, or injuries resulting from a defect.
- A county, municipality, or other political subdivision may not sue for damages, abatement, or injunctive relief from a firearms or ammunition manufacturer, distributor, or dealer.
Sport Shooting and Training Range Protection
- Legislative Findings:
- Sport shooting and training ranges provide a necessary component of the Second Amendment guarantees.
- Ranges are used by law enforcement agencies, hunters, and others for training and recreation.
- Projectiles are integral to range activity, and environmental management practices are necessary to minimize adverse environmental impacts.
- Intent:
- Protect public and private sport shooting and training range owners, operators, users, and others from lawsuits and legal actions.
- Promote maximum flexibility for implementation of environmental management practices.
- Definitions:
- "Operator" means any person who operates a sport shooting or training range.
- "Projectile" means any object expelled from a firearm, including gunpowder, ammunition, and associated chemicals.
- "Environmental management practices" include best management practices to minimize environmental impacts.
- Duties:
- The Department of Environmental Protection shall provide technical assistance to range owners and operators.
- Range owners and operators shall implement environmental management practices.
- The department shall assist with contamination assessment and corrective action.
Sport Shooting and Training Range Protection (Continued)
- Immunity:
- Range owners, operators, employees, agents, contractors, customers, lenders, and insurers have immunity from lawsuits and legal actions for claims associated with the use, release, placement, deposition, or accumulation of projectiles.
- Withdrawal of Claims:
- All claims against sport shooting or training ranges pending in any court or before any administrative agency shall be withdrawn.
- Defendants shall recover all expenses resulting from such actions.
- Penalties:
- Any official, agent, or employee who intentionally and maliciously violates the provisions of this section commits a misdemeanor of the first degree.
Prohibition of Registration of Firearms
- Legislative Findings and Intent:
- The right to keep and bear arms is guaranteed under the Second Amendment and the Florida Constitution.
- A list, record, or registry of legally owned firearms or law-abiding firearm owners is not a law enforcement tool and can be used to profile, harass, or abuse citizens.
- Prohibitions:
- A state governmental agency or local government may not keep or cause to be kept any list, record, or registry of privately owned firearms or their owners.
- Payment settlement entities, merchant acquiring entities, or third-party settlement organizations may not assign a merchant category code to or classify a merchant as a firearms or ammunition retailer separately from general merchandise retailers.### Merchant Category Codes
- A merchant of firearms or ammunition may be assigned or use a merchant category code for general merchandise retailers or sporting goods retailers.
- Any agreement or contractual provision to the contrary is void and violates the public policy of this state.
Exceptions to Provisions
- Records of firearms used in committing crimes are exempt from provisions.
- Records of persons convicted of a crime are exempt from provisions.
- Records of stolen firearms retained for a period not exceeding 10 days after recovery are exempt from provisions.
- Firearm records retained by dealers under federal law are exempt from provisions.
- Records kept pursuant to s. 790.065 are exempt from provisions, but are confidential and exempt from public release or inspection.
- Firearm records, including paper pawn transaction forms and contracts, required by chapters 538 and 539 are exempt from provisions.
Electronic Firearm Records
- Electronic firearm records held pursuant to chapter 538 may only be kept by a secondhand dealer for 30 days after the date of purchase.
- Electronic firearm records held pursuant to chapter 539 may only be kept by a pawnbroker for 30 days after the expiration of the loan or 30 days after the date of purchase.
- Except as required by federal law, electronic firearm records shall not be transferred to any public or private entity.
- Secondhand dealers and pawnbrokers may electronically submit firearm transaction records to law enforcement agencies, but the agencies must destroy such records within 60 days.
Other Exceptions
- Records kept by the Department of Law Enforcement of NCIC transactions are exempt from provisions.
- Records of an insurer that identify a firearm for insurance purposes are exempt from provisions.
- Lists of customers of a firearm dealer retained by the dealer are exempt from provisions.
- Sales receipts retained by the seller of firearms are exempt from provisions.
- Personal records of firearms maintained by the owner are exempt from provisions.
- Records maintained by a business that stores or acts as the selling agent of firearms are exempt from provisions.
- Membership lists of organizations comprised of firearm owners are exempt from provisions.
- Records maintained by an employer or contracting entity of firearms owned by its officers are exempt from provisions.
- Records maintained pursuant to s. 790.06 by the Department of Agriculture and Consumer Services are exempt from provisions.
- Records of firearms involved in criminal investigations, criminal prosecutions, and civil proceedings are exempt from provisions.
Penalties for Violations of Firearm Laws
- Any person who violates paragraph (2)(a) commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083.
- Public funds may not be used to defend the unlawful conduct of any person charged with a violation of this section, unless the charges are dismissed or the person is determined to be not guilty at trial.
Destruction of Lists, Records, or Registries
- Any list, record, or registry maintained or under construction on the effective date of this act shall be destroyed, unless prohibited by law, within 60 calendar days after this act becomes law.
- Failure to destroy any such list, record, or registry may result in prosecution under this act.
Medical Privacy Concerning Firearms
- A health care practitioner or a health care facility may not intentionally enter any disclosed information concerning firearm ownership into a patient's medical record, unless the information is relevant to the patient's medical care or safety.
- A health care practitioner or a health care facility shall respect a patient's right to privacy and should refrain from making a written inquiry or asking questions concerning the ownership of a firearm or ammunition.
Risk Protection Orders
- A risk protection order is a temporary ex parte order or a final order granted to prohibit a person from possessing or acquiring a firearm or ammunition.
- A law enforcement officer or a law enforcement agency may file a petition for a risk protection order.
- The court must hold a hearing to determine if the respondent poses a significant danger of causing personal injury to himself or herself or others.
- The court may consider evidence of the respondent's recent acts or threats of violence, mental health issues, and prior criminal history.
Temporary Ex Parte Risk Protection Orders
- A temporary ex parte risk protection order may be issued before a hearing for a risk protection order, without notice to the respondent.
- The court must find reasonable cause to believe that the respondent poses a significant danger of causing personal injury to himself or herself or others.
- A temporary ex parte risk protection order must be served by a law enforcement officer and expires upon the hearing on the risk protection order.
Service of Notice of Hearing and Petition
- The clerk of the court shall furnish a copy of the notice of hearing, petition, and temporary ex parte risk protection order or risk protection order to the sheriff of the county where the respondent resides or can be found.
- The sheriff shall serve the notice and order upon the respondent as soon as possible.### Service of Documents
- A law enforcement agency serving documents pursuant to this section must use service and verification procedures consistent with those of the sheriff.
- Service of documents takes precedence over the service of other documents, unless the other documents are of a similar emergency nature.
Termination and Extension of Orders
- The respondent may submit one written request for a hearing to vacate a risk protection order, and may request another hearing after every extension of the order.
- The respondent has the burden of proving by clear and convincing evidence that they do not pose a significant danger of causing personal injury to themselves or others.
- If the respondent meets their burden of proof, the court must vacate the order.
Surrender of Firearms and Ammunition
- Upon issuance of a risk protection order, the court shall order the respondent to surrender all firearms and ammunition to the local law enforcement agency.
- The law enforcement officer serving the order shall request that the respondent immediately surrender all firearms and ammunition, and may seek a search warrant if the respondent fails to comply.
- The respondent may transfer firearms and ammunition to a person who is eligible to own or possess them, and who agrees to store them in a manner that the respondent does not have access to or control of them.
Return and Disposal of Firearms and Ammunition
- If a risk protection order is vacated or ends without extension, the law enforcement agency holding the firearms and ammunition must return them to the respondent after confirming that they are eligible to own or possess them.
- If the respondent does not claim the firearms and ammunition within one year, they may be disposed of in accordance with the law enforcement agency's policies and procedures.
Reporting of Orders
- The clerk of the court shall enter the risk protection order into the uniform case reporting system and forward a copy to the appropriate law enforcement agency.
- The law enforcement agency shall enter the order into the Florida Crime Information Center and National Crime Information Center.
Penalties
- A person who makes a false statement under oath in a hearing commits a felony of the third degree.
- A person who has a firearm or ammunition with knowledge that they are prohibited from doing so by an order issued under this section commits a felony of the third degree.
Liability
- This section does not impose criminal or civil liability on any person or entity for acts or omissions related to obtaining a risk protection order.
Instructional and Informational Material
- The Office of the State Courts Administrator shall develop and prepare instructions, informational brochures, and standard petition and risk protection order forms.
- The materials must be designed to assist petitioners in completing the petition and must be available online to the public.
- The materials must include a means for the petitioner to identify the firearms or ammunition the respondent may own, possess, receive, or have in their custody or control.
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