Florida Senate - 2015                       CS for CS for SB 290
       
       
        
       By the Committees on Rules; and Criminal Justice; and Senators
       Brandes, Bradley, Evers, and Negron
       
       
       
       
       595-02206-15                                           2015290c2
    1                        A bill to be entitled                      
    2         An act relating to carrying a concealed weapon or a
    3         concealed firearm; amending s. 790.01, F.S.; providing
    4         an exemption from criminal penalties for carrying a
    5         concealed weapon or a concealed firearm when
    6         evacuating pursuant to a mandatory evacuation order
    7         during a declared state of emergency; defining the
    8         term “in the act of evacuating”; providing an
    9         effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Section 790.01, Florida Statutes, is amended to
   14  read:
   15         790.01 Unlicensed carrying of concealed weapons or
   16  concealed firearms.—
   17         (1) Except as provided in subsection (3) (4), a person who
   18  is not licensed under s. 790.06 and who carries a concealed
   19  weapon or electric weapon or device on or about his or her
   20  person commits a misdemeanor of the first degree, punishable as
   21  provided in s. 775.082 or s. 775.083.
   22         (2) Except as provided in subsection (3), a person who is
   23  not licensed under s. 790.06 and who carries a concealed firearm
   24  on or about his or her person commits a felony of the third
   25  degree, punishable as provided in s. 775.082, s. 775.083, or s.
   26  775.084.
   27         (3) This section does not apply to: a person licensed to
   28  carry a concealed weapon or a concealed firearm pursuant to the
   29  provisions of s. 790.06.
   30         (a) A person who carries a concealed weapon, or a person
   31  who may lawfully possess a firearm and who carries a concealed
   32  firearm, on or about his or her person while in the act of
   33  evacuating during a mandatory evacuation order issued during a
   34  state of emergency declared by the Governor pursuant to chapter
   35  252 or declared by a local authority pursuant to chapter 870. As
   36  used in this subsection, the term “in the act of evacuating”
   37  means the immediate and urgent movement of a person away from
   38  the evacuation zone within 48 hours after a mandatory evacuation
   39  is ordered. The 48 hours may be extended by an order issued by
   40  the Governor.
   41         (b)(4) It is not a violation of this section for A person
   42  who carries to carry for purposes of lawful self-defense, in a
   43  concealed manner:
   44         1.(a) A self-defense chemical spray.
   45         2.(b) A nonlethal stun gun or dart-firing stun gun or other
   46  nonlethal electric weapon or device that is designed solely for
   47  defensive purposes.
   48         (4)(5) This section does not preclude any prosecution for
   49  the use of an electric weapon or device, a dart-firing stun gun,
   50  or a self-defense chemical spray during the commission of any
   51  criminal offense under s. 790.07, s. 790.10, s. 790.23, or s.
   52  790.235, or for any other criminal offense.
   53         Section 2. This act shall take effect upon becoming a law.