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Florida Law
790.06. License to carry concealed weapon or firearm.–
(1) The Department of Agriculture and Consumer Services is authorized to issue licenses to carry concealed weapons or concealed firearms to
persons qualified as provided in this section. Each such license must bear a color photograph of the licensee. For the purposes of this section,
concealed weapons or concealed firearms are defined as a handgun, electronic weapon or device, tear gas gun, knife, or billie, but the term does
not include a machine gun as defined in §790.001 (9). Such licenses shall be valid throughout the state for a period of 7 years from the date of
issuance. Any person in compliance with the terms of such license may carry a concealed weapon or concealed firearm notwithstanding the
provisions of §790.01. The licensee must carry the license, together with valid identification, at all times in which the licensee is in actual
possession of a concealed weapon or firearm and must display both the license and proper identification upon demand by a law enforcement
officer. Violations of the provisions of this subsection shall constitute a noncriminal violation with a penalty of $25, payable to the clerk of the
court.
(2) The Department of Agriculture and Consumer Services shall issue a license if the applicant:
(a) Is a resident of the United States and a citizen of the United States or a permanent resident alien of the United States, as determined by the
United States Bureau of Citizenship and Immigration Services, or is a consular security official of a foreign government that maintains diplomatic
relations and treaties of commerce, friendship, and navigation with the United States and is certified as such by the foreign government and by the
appropriate embassy in this country;
(b) Is 21 years of age or older;
(c) Does not suffer from a physical infirmity which prevents the safe handling of a weapon or firearm;
(d) Is not ineligible to possess a firearm pursuant to §790.23 by virtue of having been convicted of a felony;
(e) Has not been committed for the abuse of a controlled substance or been found guilty of a crime under the provisions of chapter 893 or similar
laws of any other state relating to controlled substances within a 3-year period immediately preceding the date on which the application is
submitted;
(f) Does not chronically and habitually use alcoholic beverages or other substances to the extent that his or her normal faculties are impaired. It
shall be presumed that an applicant chronically and habitually uses alcoholic beverages or other substances to the extent that his or her normal
faculties are impaired if the applicant has been committed under chapter 397 or under the provisions of former chapter 396 or has been convicted
under §790.151 or has been deemed a habitual offender under §856.011 (3), or has had two or more convictions under §316.193 or similar laws
of any other state, within the 3-year period immediately preceding the date on which the application is submitted;
(g) Desires a legal means to carry a concealed weapon or firearm for lawful self-defense;
(h) Demonstrates competence with a firearm by any one of the following:
1. Completion of any hunter education or hunter safety course approved by the Fish and Wildlife Conservation Commission or a similar agency of
another state;
2. Completion of any National Rifle Association firearms safety or training course;
3. Completion of any firearms safety or training course or class available to the general public offered by a law enforcement, junior college, college,
or private or public institution or organization or firearms training school, utilizing instructors certified by the National Rifle Association, Criminal
Justice Standards and Training Commission, or the Department of Agriculture and Consumer Services;
4. Completion of any law enforcement firearms safety or training course or class offered for security guards, investigators, special deputies, or any
division or subdivision of law enforcement or security enforcement;
5. Presents evidence of equivalent experience with a firearm through participation in organized shooting competition or military service;
6. Is licensed or has been licensed to carry a firearm in this state or a county or municipality of this state, unless such license has been revoked for
cause; or
7. Completion of any firearms training or safety course or class conducted by a state-certified or National Rifle Association certified firearms
instructor;
A photocopy of a certificate of completion of any of the courses or classes; or an affidavit from the instructor, school, club, organization, or group
that conducted or taught said course or class attesting to the completion of the course or class by the applicant; or a copy of any document which
shows completion of the course or class or evidences participation in firearms competition shall constitute evidence of qualification under this
paragraph; any person who conducts a course pursuant to subparagraph 2., subparagraph 3., or subparagraph 7., or who, as an instructor, attests
to the completion of such courses, must maintain records certifying that he or she observed the student safely handle and discharge the firearm;
(i) Has not been adjudicated an incapacitated person under §744.331, or similar laws of any other state, unless 5 years have elapsed since the
applicant’s restoration to capacity by court order;
(j) Has not been committed to a mental institution under chapter 394, or similar laws of any other state, unless the applicant produces a certificate
from a licensed psychiatrist that he or she has not suffered from disability for at least 5 years prior to the date of submission of the application;
(k) Has not had adjudication of guilt withheld or imposition of sentence suspended on any felony or misdemeanor crime of domestic violence
unless 3 years have elapsed since probation or any other conditions set by the court have been fulfilled, or the record has been sealed or
expunged;
(l) Has not been issued an injunction that is currently in force and effect and that restrains the applicant from committing acts of domestic
violence or acts of repeat violence; and
(m) Is not prohibited from purchasing or possessing a firearm by any other provision of Florida or federal law.
(3) The Department of Agriculture and Consumer Services shall deny a license if the applicant has been found guilty of, had adjudication of guilt
withheld for, or had imposition of sentence suspended for one or more crimes of violence constituting a misdemeanor, unless 3 years have elapsed
since probation or any other conditions set by the court have been fulfilled or the record has been sealed or expunged. The Department of
Agriculture and Consumer Services shall revoke a license if the licensee has been 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. The department shall, upon notification by a
law enforcement agency, a court, or the Florida Department of Law Enforcement and subsequent written verification, suspend a license or the
processing of an application for a license if the licensee or applicant is arrested or formally charged with a crime that would disqualify such person
from having a license under this section, until final disposition of the case. The department shall suspend a license or the processing of an
application for a license if the licensee or applicant is issued an injunction that restrains the licensee or applicant from committing acts of
domestic violence or acts of repeat violence.
(4) The application shall be completed, under oath, on a form promulgated by the Department of Agriculture and Consumer Services and shall
include:
(a) The name, address, place and date of birth, race, and occupation of the applicant;
(b) A statement that the applicant is in compliance with criteria contained within subsections (2) and (3);
(c) A statement that the applicant has been furnished a copy of this chapter and is knowledgeable of its provisions;
(d) A conspicuous warning that the application is executed under oath and that a false answer to any question, or the submission of any false
document by the applicant, subjects the applicant to criminal prosecution under §837.06; and
(e) A statement that the applicant desires a concealed weapon or firearms license as a means of lawful self-defense.
(5) The applicant shall submit to the Department of Agriculture and Consumer Services:
(a) A completed application as described in subsection (4).
(b) A nonrefundable license fee not to exceed $85, if he or she has not previously been issued a statewide license, or a nonrefundable license fee
not to exceed $70 for renewal of a statewide license. Costs for processing the set of fingerprints as required in paragraph (c) shall be borne by the
applicant. However, an individual holding an active certification from the Criminal Justice Standards and Training Commission as a “law
enforcement officer,” “correctional officer,” or “correctional probation officer” as defined in §943.10 (1), (2), (3), (6), (7), (8), or (9) is exempt from
the licensing requirements of this section. If any individual holding an active certification from the Criminal Justice Standards and Training
Commission as a “law enforcement officer,” a “correctional officer,” or a “correctional probation officer” as defined in §943.10 (1), (2), (3), (6), (7),
(8), or (9) wishes to receive a concealed weapons or firearms license, such person is exempt from the background investigation and all
background investigation fees, but shall pay the current license fees regularly required to be paid by nonexempt applicants. Further, a law
enforcement officer, a correctional officer, or a correctional probation officer as defined in §943.10 (1), (2), or (3) is exempt from the required fees
and background investigation for a period of 1 year subsequent to the date of retirement of said officer as a law enforcement officer, a correctional
officer, or a correctional probation officer.
(c) A full set of fingerprints of the applicant administered by a law enforcement agency.
(d) A photocopy of a certificate or an affidavit or document as described in paragraph (2)(h).
(e) A full frontal view color photograph of the applicant taken within the preceding 30 days, in which the head, including hair, measures ? of an
inch wide and 1? inches high.
(6) (a) The Department of Agriculture and Consumer Services, upon receipt of the items listed in subsection (5), shall forward the full set of
fingerprints of the applicant to the Department of Law Enforcement for state and federal processing, provided the federal service is available, to be
processed for any criminal justice information as defined in §943.045. The cost of processing such fingerprints shall be payable to the Department
of Law Enforcement by the Department of Agriculture and Consumer Services.
(b) The sheriff’s office shall provide fingerprinting service if requested by the applicant and may charge a fee not to exceed $5 for this service.
(c) The Department of Agriculture and Consumer Services shall, within 90 days after the date of receipt of the items listed in subsection (5):
1. Issue the license; or
2. Deny the application based solely on the ground that the applicant fails to qualify under the criteria listed in subsection (2) or subsection (3). If
the Department of Agriculture and Consumer Services denies the application, it shall notify the applicant in writing, stating the ground for denial
and informing the applicant of any right to a hearing pursuant to chapter 120.
3. In the event the department receives criminal history information with no final disposition on a crime which may disqualify the applicant, the
time limitation prescribed by this paragraph may be suspended until receipt of the final disposition or proof of restoration of civil and firearm
rights.
(d) In the event a legible set of fingerprints, as determined by the Department of Agriculture and Consumer Services or the Federal Bureau of
Investigation, cannot be obtained after two attempts, the Department of Agriculture and Consumer Services shall determine eligibility based upon
the name checks conducted by the Florida Department of Law Enforcement.
(e) A consular security official of a foreign government that maintains diplomatic relations and treaties of commerce, friendship, and navigation
with the United States and is certified as such by the foreign government and by the appropriate embassy in this country must be issued a license
within 20 days after the date of the receipt of a completed application, certification document, color photograph as specified in paragraph (5) (e),
and a nonrefundable license fee of $300. Consular security official licenses shall be valid for 1 year and may be renewed upon completion of the
application process as provided in this section.
(7) The Department of Agriculture and Consumer Services shall maintain an automated listing of licenseholders and pertinent information, and
such information shall be available online, upon request, at all times to all law enforcement agencies through the Florida Crime Information
Center.
(8) Within 30 days after the changing of a permanent address, or within 30 days after having a license lost or destroyed, the licensee shall notify
the Department of Agriculture and Consumer Services of such change. Failure to notify the Department of Agriculture and Consumer Services
pursuant to the provisions of this subsection shall constitute a noncriminal violation with a penalty of $25.
(9) In the event that a concealed weapon or firearm license is lost or destroyed, the license shall be automatically invalid, and the person to whom
the same was issued may, upon payment of $15 to the Department of Agriculture and Consumer Services, obtain a duplicate, or substitute thereof,
upon furnishing a notarized statement to the Department of Agriculture and Consumer Services that such license has been lost or destroyed.
(10) A license issued under this section shall be suspended or revoked pursuant to chapter 120 if the licensee:
(a) Is found to be ineligible under the criteria set forth in subsection (2);
(b) Develops or sustains a physical infirmity which prevents the safe handling of a weapon or firearm;
(c) Is convicted of a felony which would make the licensee ineligible to possess a firearm pursuant to §790.23;
(d) Is found guilty of a crime under the provisions of chapter 893, or similar laws of any other state, relating to controlled substances;
(e) Is committed as a substance abuser under chapter 397, or is deemed a habitual offender under §856.011 (3), or similar laws of any other state;
(f) Is convicted of a second violation of §316.193, or a similar law of another state, within 3 years of a previous conviction of such section, or
similar law of another state, even though the first violation may have occurred prior to the date on which the application was submitted;
(g) Is adjudicated an incapacitated person under §744.331, or similar laws of any other state; or
(h) Is committed to a mental institution under chapter 394, or similar laws of any other state.
(11) (a) No less than 90 days before the expiration date of the license, the Department of Agriculture and Consumer Services shall mail to each
licensee a written notice of the expiration and a renewal form prescribed by the Department of Agriculture and Consumer Services. The licensee
must renew his or her license on or before the expiration date by filing with the Department of Agriculture and Consumer Services the renewal
form containing a notarized affidavit stating that the licensee remains qualified pursuant to the criteria specified in subsections (2) and (3), a
color photograph as specified in paragraph (5) (e), and the required renewal fee. Out-of-state residents must also submit a completed fingerprint
card and fingerprint processing fee. The license shall be renewed upon receipt of the completed renewal form, color photograph, appropriate
payment of fees, and, if applicable, a completed fingerprint card. Additionally, a licensee who fails to file a renewal application on or before its
expiration date must renew his or her license by paying a late fee of $15. A license may not be renewed 180 days or more after its expiration date,
and such a license is deemed to be permanently expired. A person whose license has been permanently expired may reapply for licensure;
however, an application for licensure and fees under subsection (5) must be submitted, and a background investigation shall be conducted
pursuant to this section. A person who knowingly files false information under this subsection is subject to criminal prosecution under §837.06.
(b) A license issued to a service member, as defined in §250.01, is subject to paragraph (a); however, such a license does not expire while the
service member is serving on military orders that have taken him or her over 35 miles from his or her residence and shall be extended, as
provided in this paragraph, for up to 180 days after his or her return to such residence. If the license renewal requirements in paragraph (a) are
met within the 180-day extension period, the service member may not be charged any additional costs, such as, but not limited to, late fees or
delinquency fees, above the normal license fees. The service member must present to the Department of Agriculture and Consumer Services a
copy of his or her official military orders or a written verification from the member’s commanding officer before the end of the 180-day period in
order to qualify for the extension.
(12) No license issued pursuant to this section shall authorize any person to carry a concealed weapon or firearm into any place of nuisance as
defined in §823.05; any police, sheriff, or highway patrol station; any detention facility, prison, or jail; any courthouse; any courtroom, except that
nothing in this section would preclude a judge from carrying a concealed weapon or determining who will carry a concealed weapon in his or her
courtroom; any polling place; any meeting of the governing body of a county, public school district, municipality, or special district; any meeting of
the Legislature or a committee thereof; any school, college, or professional athletic event not related to firearms; any school administration
building; any portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises, which portion of the
establishment is primarily devoted to such purpose; any elementary or secondary school facility; any career center; any college or university
facility unless the licensee is a registered student, employee, or faculty member of such college or university and the weapon is a stun gun or
nonlethal electric weapon or device designed solely for defensive purposes and the weapon does not fire a dart or projectile; inside the passenger
terminal and sterile area of any airport, provided that no person shall be prohibited from carrying any legal firearm into the terminal, which
firearm is encased for shipment for purposes of checking such firearm as baggage to be lawfully transported on any aircraft; or any place where
the carrying of firearms is prohibited by federal law. Any person who willfully violates any provision of this subsection commits a misdemeanor of
the second degree, punishable as provided in §775.082 or §775.083.
(13) All moneys collected by the department pursuant to this section shall be deposited in the Division of Licensing Trust Fund, and the
Legislature shall appropriate from the fund those amounts deemed necessary to administer the provisions of this section. All revenues collected,
less those costs determined by the Department of Agriculture and Consumer Services to be nonrecurring or one-time costs, shall be deferred over
the 7-year licensure period. Notwithstanding the provisions of §493.6117, all moneys collected pursuant to this section shall not revert to the
General Revenue Fund; however, this shall not abrogate the requirement for payment of the service charge imposed pursuant to chapter 215.
(14) All funds received by the sheriff pursuant to the provisions of this section shall be deposited into the general revenue fund of the county and
shall be budgeted to the sheriff.
(15) The Legislature finds as a matter of public policy and fact that it is necessary to provide statewide uniform standards for issuing licenses to
carry concealed weapons and firearms for self-defense and finds it necessary to occupy the field of regulation of the bearing of concealed weapons
or firearms for self-defense to ensure that no honest, law-abiding person who qualifies under the provisions of this section is subjectively or
arbitrarily denied his or her rights. The Department of Agriculture and Consumer Services shall implement and administer the provisions of this
section. The Legislature does not delegate to the Department of Agriculture and Consumer Services the authority to regulate or restrict the issuing
of licenses provided for in this section, beyond those provisions contained in this section. Subjective or arbitrary actions or rules which encumber
the issuing process by placing burdens on the applicant beyond those sworn statements and specified documents detailed in this section or which
create restrictions beyond those specified in this section are in conflict with the intent of this section and are prohibited. This section shall be
liberally construed to carry out the constitutional right to bear arms for self-defense. This section is supplemental and additional to existing rights
to bear arms, and nothing in this section shall impair or diminish such rights.
(16) The Department of Agriculture and Consumer Services shall maintain statistical information on the number of licenses issued, revoked,
suspended, and denied.
(17) As amended by chapter 87-24, Laws of Florida, this section shall be known and may be cited as the “Jack Hagler Self Defense Act.”
790.10. Improper exhibition of dangerous weapons or firearms.
If any person having or carrying any dirk, sword, sword cane, firearm, electric weapon or device, or other weapon shall, in the presence of one or
more persons, exhibit the same in a rude, careless, angry, or threatening manner, not in necessary self-defense, the person so offending shall be
guilty of a misdemeanor of the first degree, punishable as provided in 775.082 or 775.083.
790.15. Discharging firearm in public.
(1) Except as provided in subsection (2) or subsection (3), any person who knowingly discharges a firearm in any public place or on the right-ofway
of any paved public road, highway, or street or whosoever knowingly discharges any firearm over the right-of-way of any paved public road,
highway, or street or over any occupied premises is guilty of a misdemeanor of the first degree, punishable as provided in 775.082 or 775.083.
This section does not apply to a person lawfully defending life or property or performing official duties requiring the discharge of a firearm or to a
person discharging a firearm on public roads or properties expressly approved for hunting by the Fish and Wildlife Conservation Commission or
Division of Forestry.
(2) Any occupant of any vehicle who knowingly and willfully discharges any firearm from the vehicle within 1,000 feet of any person commits a
felony of the second degree, punishable as provided in 775.082, 775.083, or 775.084.
(3) Any driver or owner of any vehicle, whether or not the owner of the vehicle is occupying the vehicle, who knowingly directs any other person
to discharge any firearm from the vehicle commits a felony of the third degree, punishable as provided in ? 775.082, ? 775.083, or ? 775.084.
790.151. Using firearm while under the influence of alcoholic beverages, chemical substances, or controlled substances; penalties.
(1) As used in ?? 790.151-790.157, to ?use a firearm ? means to discharge a firearm or to have a firearm readily accessible for immediate
discharge.
(2) For the purposes of this section, ?readily accessible for immediate discharge ? means loaded and in a person ?s hand.
(3) It is unlawful and punishable as provided in subsection (4) for any person who is under the influence of alcoholic beverages, any chemical
substance set forth in ? 877.111, or any substance controlled under chapter 893, when affected to the extent that his or her normal faculties are
impaired, to use a firearm in this state.
(4) Any person who violates subsection (3) commits a misdemeanor of the second degree, punishable as provided in ? 775.082 or ? 775.083.
(5) This section does not apply to persons exercising lawful self-defense or defense of one ?s property.
790.174. Safe storage of firearms required.
(1) A person who stores or leaves, on a premise under his or her control, a loaded firearm, as defined in ? 790.001, and who knows or reasonably
should know that a minor is likely to gain access to the firearm without the lawful permission of the minor ?s parent or the person having charge
of the minor, or without the supervision required by law, shall keep the firearm in a securely locked box or container or in a location which a
reasonable person would believe to be secure or shall secure it with a trigger lock, except when the person is carrying the firearm on his or her
body or within such close proximity thereto that he or she can retrieve and use it as easily and quickly as if he or she carried it on his or her body.
(2) It is a misdemeanor of the second degree, punishable as provided in ? 775.082 or ? 775.083, if a person violates subsection (1) by failing to
store or leave a firearm in the required manner and as a result thereof a minor gains access to the firearm, without the lawful permission of the
minor ?s parent or the person having charge of the minor, and possesses or exhibits it, without the supervision required by law:
(a) In a public place; or
(b) In a rude, careless, angry, or threatening manner in violation of ? 790.10.
This subsection does not apply if the minor obtains the firearm as a result of an unlawful entry by any person.
(3) As used in this act, the term ?minor ? means any person under the age of 16.
790.25. Lawful ownership, possession, and use of firearms and other weapons.
(1) DECLARATION OF POLICY. ? The Legislature finds as a matter of public policy and fact that it is necessary to promote firearms safety and to
curb and prevent the use of firearms and other weapons in crime and by incompetent persons without prohibiting the lawful use in defense of life,
home, and property, and the use by United States or state military organizations, and as otherwise now authorized by law, including the right to
use and own firearms for target practice and marksmanship on target practice ranges or other lawful places, and lawful hunting and other lawful
purposes.
(2) USES NOT AUTHORIZED. ? (a) This section does not authorize carrying a concealed weapon without a permit, as prohibited by ?? 790.01 and
790.02.
(b) The protections of this section do not apply to the following:
1. A person who has been adjudged mentally incompetent, who is addicted to the use of narcotics or any similar drug, or who is a habitual or
chronic alcoholic, or a person using weapons or firearms in violation of ?? 790.07-790.115, 790.145-790.19, 790.22-790.24;
2. Vagrants and other undesirable persons as defined in s. 856.02;
3. A person in or about a place of nuisance as defined in ? 823.05, unless such person is there for law enforcement or some other lawful purpose.
(3) LAWFUL USES. ? The provisions of ?? 790.053 and 790.06 do not apply in the following instances, and, despite such sections, it is lawful for
the following persons to own, possess, and lawfully use firearms and other weapons, ammunition, and supplies for lawful purposes:
(a) Members of the Militia, National Guard, Florida State Defense Force, Army, Navy, Air Force, Marine Corps, Coast Guard, organized reserves, and
other armed forces of the state and of the United States, when on duty, when training or preparing themselves for military duty, or while subject to
recall or mobilization;
(b) Citizens of this state subject to duty in the Armed Forces under ? 2, Art. X of the State Constitution, under chapters 250 and 251, and under
federal laws, when on duty or when training or preparing themselves for military duty;
(c) Persons carrying out or training for emergency management duties under chapter 252;
(d) Sheriffs, marshals, prison or jail wardens, police officers, Florida highway patrol officers, game wardens, revenue officers, forest officials,
special officers appointed under the provisions of chapter 354, and other peace and law enforcement officers and their deputies and assistants
and full-time paid peace officers of other states and of the Federal Government who are carrying out official duties while in this state;
(e) Officers or employees of the state or United States duly authorized to carry a concealed weapon;
(f) Guards or messengers of common carriers, express companies, armored car carriers, mail carriers, banks, and other financial institutions,
while actually employed in and about the shipment, transportation, or delivery of any money, treasure, bullion, bonds, or other thing of value
within this state;
(g) Regularly enrolled members of any organization duly authorized to purchase or receive weapons from the United States or from this state, or
regularly enrolled members of clubs organized for target, skeet, or trap shooting, while at or going to or from shooting practice; or regularly
enrolled members of clubs organized for modern or antique firearms collecting, while such members are at or going to or from their collectors?
gun shows, conventions, or exhibits;
(h) A person engaged in fishing, camping, or lawful hunting or going to or returning from a fishing, camping, or lawful hunting expedition;
(i) A person engaged in the business of manufacturing, repairing, or dealing in firearms, or the agent or representative of any such person while
engaged in the lawful course of such business;
(j) A person firing weapons for testing or target practice under safe conditions and in a safe place not prohibited by law or going to or from such
place;
(k) A person firing weapons in a safe and secure indoor range for testing and target practice;
(l) A person traveling by private conveyance when the weapon is securely encased or in a public conveyance when the weapon is securely encased
and not in the person ?s manual possession;
(m) A person while carrying a pistol unloaded and in a secure wrapper, concealed or otherwise, from the place of purchase to his or her home or
place of business or to a place of repair or back to his or her home or place of business;
(n) A person possessing arms at his or her home or place of business;
(o) Investigators employed by the several public defenders of the state, while actually carrying out official duties, provided such investigators:
1. Are employed full time;
2. Meet the official training standards for firearms established by the Criminal Justice Standards and Training Commission as provided in ? 943.12
(5) and the requirements of ?? 493.6108 (1) (a) and 943.13 (1)- (4); and
3. Are individually designated by an affidavit of consent signed by the employing public defender and filed with the clerk of the circuit court in the
county in which the employing public defender resides.
(p) Investigators employed by the capital collateral regional counsel, while actually carrying out official duties, provided such investigators:
1. Are employed full time;
2. Meet the official training standards for firearms as established by the Criminal Justice Standards and Training Commission as provided in
? 943.12 (1) and the requirements of ?? 493.6108 (1) (a) and 943.13 (1)- (4); and
3. Are individually designated by an affidavit of consent signed by the capital collateral regional counsel and filed with the clerk of the circuit court
in the county in which the investigator is headquartered.
(4) CONSTRUCTION. ? This act shall be liberally construed to carry out the declaration of policy herein and in favor of the constitutional right to
keep and bear arms for lawful purposes. This act is supplemental and additional to existing rights to bear arms now guaranteed by law and
decisions of the courts of Florida, and nothing herein shall impair or diminish any of such rights. This act shall supersede any law, ordinance, or
regulation in conflict herewith.
(5) POSSESSION IN PRIVATE CONVEYANCE. ? Notwithstanding subsection (2), it is lawful and is not a violation of ? 790.01 for a person 18 years
of age or older to possess a concealed firearm or other weapon for self-defense or other lawful purpose within the interior of a private conveyance,
without a license, if the firearm or other weapon is securely encased or is otherwise not readily accessible for immediate use. Nothing herein
contained prohibits the carrying of a legal firearm other than a handgun anywhere in a private conveyance when such firearm is being carried for
a lawful use. Nothing herein contained shall be construed to authorize the carrying of a concealed firearm or other weapon on the person. This
subsection shall be liberally construed in favor of the lawful use, ownership, and possession of firearms and other weapons, including lawful selfdefense
as provided in ? 776.012.
790.251. Protection of the right to keep and bear arms in motor vehicles for self-defense and other lawful purposes; prohibited acts;
duty of public and private employers; immunity from liability; enforcement.
(1) SHORT TITLE. ? This section may be cited as the ?Preservation and Protection of the Right to Keep and Bear Arms in Motor Vehicles Act of
2008.?
(2) DEFINITIONS. ? As used in this section, the term:
(a) ?Parking lot ? means 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.
(b) ?Motor vehicle ? means 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.
(c) ?Employee ? means any person who possesses a valid license issued pursuant to ? 790.06 and:
1. Works for salary, wages, or other remuneration;
2. Is an independent contractor; or
3. Is a volunteer, intern, or other similar individual for an employer.
(d) ?Employer ? means 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, that has employees.
(e) ?Invitee ? means any business invitee, including a customer or visitor, who is lawfully on the premises of a public or private employer.
As used in this section, the term ?firearm ? includes ammunition and accoutrements attendant to the lawful possession and use of a firearm.
(3) LEGISLATIVE INTENT; FINDINGS. ? This act is intended to codify the long-standing legislative policy of the state that individual citizens have a
constitutional right to keep and bear arms, that they have a constitutional right to possess and keep legally owned firearms within their motor
vehicles for self-defense and other lawful purposes, and that these rights are not abrogated by virtue of a citizen becoming a customer, employee,
or invitee of a business entity. It is the finding of the Legislature that a citizen ?s lawful possession, transportation, and secure keeping of firearms
and ammunition within his or her motor vehicle is essential to the exercise of the fundamental constitutional right to keep and bear arms and the
constitutional right of self-defense. The Legislature finds that protecting and preserving these rights is essential to the exercise of freedom and
individual responsibility. The Legislature further finds that no citizen can or should be required to waive or abrogate his or her right to possess
and securely keep firearms and ammunition locked within his or her motor vehicle by virtue of becoming a customer, employee, or invitee of any
employer or business establishment within the state, unless specifically required by state or federal law.
(4) PROHIBITED ACTS. ? No public or private employer may violate the constitutional rights of any customer, employee, or invitee as provided in
paragraphs (a)- (e):
(a) No public or private employer may prohibit any customer, employee, or invitee from possessing any legally owned firearm when such firearm
is lawfully possessed and locked inside or locked to a private motor vehicle in a parking lot and when the customer, employee, or invitee is lawfully
in such area.
(b) No public or private employer may violate the privacy rights of a customer, employee, or invitee by verbal or written inquiry regarding the
presence of a firearm inside or locked to a private motor vehicle in a parking lot or by an actual search of a private motor vehicle in a parking lot to
ascertain the presence of a firearm within the vehicle. Further, no public or private employer may take any action against a customer, employee, or
invitee based upon verbal or written statements of any party concerning possession of a firearm stored inside a private motor vehicle in a parking
lot for lawful purposes. A search of a private motor vehicle in the parking lot of a public or private employer to ascertain the presence of a firearm
within the vehicle may only be conducted by on-duty law enforcement personnel, based upon due process and must comply with constitutional
protections.
(c) No public or private employer shall condition employment upon either:
1. The fact that an employee or prospective employee holds or does not hold a license issued pursuant to ? 790.06; or
2. Any agreement by an employee or a prospective employee that prohibits an employee from keeping a legal firearm locked inside or locked to a
private motor vehicle in a parking lot when such firearm is kept for lawful purposes.
(d) No public or private employer shall prohibit or attempt to prevent any customer, employee, or invitee from entering the parking lot of the
employer ?s place of business because the customer ?s, employee ?s, or invitee ?s private motor vehicle contains a legal firearm being carried
for lawful purposes, that is out of sight within the customer ?s, employee ?s, or invitee ?s private motor vehicle.
(e) No public or private employer may terminate the employment of or otherwise discriminate against an employee, or expel a customer or invitee
for exercising his or her constitutional right to keep and bear arms or for exercising the right of self-defense as long as a firearm is never exhibited
on company property for any reason other than lawful defensive purposes.
This subsection applies to all public sector employers, including those already prohibited from regulating firearms under the provisions of
? 790.33.
(5) DUTY OF CARE OF PUBLIC AND PRIVATE EMPLOYERS; IMMUNITY FROM LIABILITY. ? (a) When subject to the provisions of subsection (4), a
public or private employer has no duty of care related to the actions prohibited under such subsection.
(b) A public or private employer is not liable in a civil action based on actions or inactions taken in compliance with this section. The immunity
provided in this subsection does not apply to civil actions based on actions or inactions of public or private employers that are unrelated to
compliance with this section.
(c) Nothing contained in this section shall be interpreted to expand any existing duty, or create any additional duty, on the part of a public or
private employer, property owner, or property owner ?s agent.
(6) ENFORCEMENT. ? The Attorney General shall enforce the protections of this act on behalf of any customer, employee, or invitee aggrieved
under this act. If there is reasonable cause to believe that the aggrieved person ?s rights under this act have been violated by a public or private
employer, the Attorney General shall commence a civil or administrative action for damages, injunctive relief and civil penalties, and such other
relief as may be appropriate under the provisions of ? 760.51, or may negotiate a settlement with any employer on behalf of any person aggrieved
under the act. However, nothing in this act shall prohibit the right of a person aggrieved under this act to bring a civil action for violation of rights
protected under the act. In any 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 as a result of the violation of rights under this act. In any action
brought pursuant to this act, the court shall award all court costs and attorney ?s fees to the prevailing party.
(7) EXCEPTIONS. ? The prohibitions in subsection (4) do not apply to:
(a) Any school property as defined and regulated under ? 790.115.
(b) Any correctional institution regulated under ? 944.47 or chapter 957.
(c) Any property where a nuclear-powered electricity generation facility is located.
(d) Property owned or leased by a public or private employer or the landlord of a public or private employer upon which are conducted
substantial activities involving national defense, aerospace, or homeland security.
(e) Property owned or leased by a public or private employer or the landlord of a public or private employer upon which the primary business
conducted is the manufacture, use, storage, or transportation of combustible or explosive materials regulated under state or federal law, or
property owned or leased by an employer who has obtained a permit required under 18 U.S.C. ? 842 to engage in the business of importing,
manufacturing, or dealing in explosive materials on such property.
(f) A motor vehicle owned, leased, or rented by a public or private employer or the landlord of a public or private employer.
(g) Any other property owned or leased by a public or private employer or the landlord of a public or private employer upon which possession of a
firearm or other legal product by a customer, employee, or invitee is prohibited pursuant to any federal law, contract with a federal government
entity, or general law of this state.
Legal Justification-Touching
Or The Use Of Force
There are three major exceptions to the general rule that one may not legally touch or injure another person:
(1) Consent (expressed, implied, emergency);
(2) Self-Defense; and
(3) Arrest.
The consent may be expressed or implied. An example of express consent would be a situation in which a person accused of shoplifting protests
his or her innocence and asks the store manager or responding officer to search him or her for the item alleged to have been stolen. In order to
serve as justification for touching, the victim's consent must have been freely given.
Consent to be touched may be implied from a person's actions, or implied as a matter of law from the circumstances. One common situation in
which consent is implied as a matter of law from the circumstances is when the person touched is mentally or physically incapable of giving actual
consent and it is assumed that most people in his or her position would have consented. For example, when a police officer carries an unconscious
person from a position of peril, such as a burning building, the victim's consent will usually be implied as a matter of law, and the police officer will
not be held to have committed a battery.
If touching or force varies in scope or intensity from the consent given or implied, a battery has occurred unless some other justification exists for
the physical contact. For example, it would be generally implied that an unconscious person has consented to mouth-to-mouth resuscitation if it
was reasonably believed to have been necessary to save one's life. If, however, after having restored the victim's breathing, the rescuer kissed the
person on the forehead, the rescuer would have committed a battery. The victim's consent to being kissed will not be implied, absent special
circumstances, because it was not necessary to the victim's well-being.
Another legal justification for touching or injuring another person is self-defense. Any person may use non-lethal force when and to the extent that
he or she reasonably believes that such force is necessary to defend himself or herself or another person from the unlawful use of force by a third
person. The use of deadly force by a private citizen is justified only if the citizen reasonably believes that such force is necessary to prevent great
bodily harm (to himself or another person) or, to prevent the commission of a forcible felony. ? 776.012, Fla. Stat.
The third major exception to the general rule that a person must not touch or injure another person exists for police officers in the performance of
their lawful duties. As a general rule, a police officer may cause whatever physical contact or use whatever non-lethal force is necessary to carry
out his or her lawful duties. However, all reasonable alternatives should be exhausted or be clearly ineffective prior to the application of force.
776.012. Use of force in defense of person.
A person is justified in using force, except deadly force, against another when and to the extent that the person reasonably believes that such
conduct is necessary to defend himself or herself or another against the other ?s imminent use of unlawful force. However, a person is justified in
the use of deadly force and does not have a duty to retreat if:
(1) He or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or
to prevent the imminent commission of a forcible felony; or
(2) Under those circumstances permitted pursuant to ? 776.013.
776.013. Home protection; use of deadly force; presumption of fear of death or great bodily harm.
(1) A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when
using defensive force that is intended or likely to cause death or great bodily harm to another if:
(a) The person against whom the defensive force was used was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly
entered, a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person's will
from the dwelling, residence, or occupied vehicle; and
(b) The person who uses defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was
occurring or had occurred.
(2) The presumption set forth in subsection (1) does not apply if:
(a) The person against whom the defensive force is used has the right to be in or is a lawful resident of the dwelling, residence, or vehicle, such as
an owner, lessee, or titleholder, and there is not an injunction for protection from domestic violence or a written pretrial supervision order of no
contact against that person; or
(b) The person or persons sought to be removed is a child or grandchild, or is otherwise in the lawful custody or under the lawful guardianship of,
the person against whom the defensive force is used; or
(c) The person who uses defensive force is engaged in an unlawful activity or is using the dwelling, residence, or occupied vehicle to further an
unlawful activity; or
(d) The person against whom the defensive force is used is a law enforcement officer, as defined in ? 943.10 (14), who enters or attempts to enter
a dwelling, residence, or vehicle in the performance of his or her official duties and the officer identified himself or herself in accordance with any
applicable law or the person using force knew or reasonably should have known that the person entering or attempting to enter was a law
enforcement officer.
(3) A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to
retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is
necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.
(4) A person who unlawfully and by force enters or attempts to enter a person ?s dwelling, residence, or occupied vehicle is presumed to be doing
so with the intent to commit an unlawful act involving force or violence.
(5) As used in this section, the term:
(a) Dwelling means a building or conveyance of any kind, including any attached porch, whether the building or conveyance is temporary or
permanent, mobile or immobile, which has a roof over it, including a tent, and is designed to be occupied by people lodging therein at night.
(b) Residence means a dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest.
(c) Vehicle means a conveyance of any kind, whether or not motorized, which is designed to transport people or property.
776.031. Use of force in defense of others.
A person is justified in the use of force, except deadly force, against another when and to the extent that the person reasonably believes that such
conduct is necessary to prevent or terminate the other's trespass on, or other tortious or criminal interference with, either real property other
than a dwelling or personal property, lawfully in his or her possession or in the possession of another who is a member of his or her immediate
family or household or of a person whose property he or she has a legal duty to protect. However, the person is justified in the use
of deadly force only if he or she reasonably believes that such force is necessary to prevent the imminent commission of a forcible felony. A person
does not have a duty to retreat if the person is in a place where he or she has a right to be.
776.032. Immunity from criminal prosecution and civil action for justifiable use of force.
(1) A person who uses force as permitted in ? 776.012, ? 776.013, or ? 776.031 is justified in using such force and is immune from criminal
prosecution and civil action for the use of such force, unless the person against whom force was used is a law enforcement officer, as defined in
? 943.10 (14), who was acting in the performance of his or her official duties and the officer identified himself or herself in accordance with any
applicable law or the person using force knew or reasonably should have known that the person was a law enforcement officer. As used in this
subsection, the term criminal prosecution includes arresting, detaining in custody, and charging or prosecuting the defendant.
(2) A law enforcement agency may use standard procedures for investigating the use of force as described in subsection (1), but the agency may
not arrest the person for using force unless it determines that there is probable cause that the force that was used was unlawful.
(3) The court shall award reasonable attorney's fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in
defense of any civil action brought by a plaintiff if the court finds that the defendant is immune from prosecution as provided in subsection (1).
(1) The Department of Agriculture and Consumer Services is authorized to issue licenses to carry concealed weapons or concealed firearms to
persons qualified as provided in this section. Each such license must bear a color photograph of the licensee. For the purposes of this section,
concealed weapons or concealed firearms are defined as a handgun, electronic weapon or device, tear gas gun, knife, or billie, but the term does
not include a machine gun as defined in §790.001 (9). Such licenses shall be valid throughout the state for a period of 7 years from the date of
issuance. Any person in compliance with the terms of such license may carry a concealed weapon or concealed firearm notwithstanding the
provisions of §790.01. The licensee must carry the license, together with valid identification, at all times in which the licensee is in actual
possession of a concealed weapon or firearm and must display both the license and proper identification upon demand by a law enforcement
officer. Violations of the provisions of this subsection shall constitute a noncriminal violation with a penalty of $25, payable to the clerk of the
court.
(2) The Department of Agriculture and Consumer Services shall issue a license if the applicant:
(a) Is a resident of the United States and a citizen of the United States or a permanent resident alien of the United States, as determined by the
United States Bureau of Citizenship and Immigration Services, or is a consular security official of a foreign government that maintains diplomatic
relations and treaties of commerce, friendship, and navigation with the United States and is certified as such by the foreign government and by the
appropriate embassy in this country;
(b) Is 21 years of age or older;
(c) Does not suffer from a physical infirmity which prevents the safe handling of a weapon or firearm;
(d) Is not ineligible to possess a firearm pursuant to §790.23 by virtue of having been convicted of a felony;
(e) Has not been committed for the abuse of a controlled substance or been found guilty of a crime under the provisions of chapter 893 or similar
laws of any other state relating to controlled substances within a 3-year period immediately preceding the date on which the application is
submitted;
(f) Does not chronically and habitually use alcoholic beverages or other substances to the extent that his or her normal faculties are impaired. It
shall be presumed that an applicant chronically and habitually uses alcoholic beverages or other substances to the extent that his or her normal
faculties are impaired if the applicant has been committed under chapter 397 or under the provisions of former chapter 396 or has been convicted
under §790.151 or has been deemed a habitual offender under §856.011 (3), or has had two or more convictions under §316.193 or similar laws
of any other state, within the 3-year period immediately preceding the date on which the application is submitted;
(g) Desires a legal means to carry a concealed weapon or firearm for lawful self-defense;
(h) Demonstrates competence with a firearm by any one of the following:
1. Completion of any hunter education or hunter safety course approved by the Fish and Wildlife Conservation Commission or a similar agency of
another state;
2. Completion of any National Rifle Association firearms safety or training course;
3. Completion of any firearms safety or training course or class available to the general public offered by a law enforcement, junior college, college,
or private or public institution or organization or firearms training school, utilizing instructors certified by the National Rifle Association, Criminal
Justice Standards and Training Commission, or the Department of Agriculture and Consumer Services;
4. Completion of any law enforcement firearms safety or training course or class offered for security guards, investigators, special deputies, or any
division or subdivision of law enforcement or security enforcement;
5. Presents evidence of equivalent experience with a firearm through participation in organized shooting competition or military service;
6. Is licensed or has been licensed to carry a firearm in this state or a county or municipality of this state, unless such license has been revoked for
cause; or
7. Completion of any firearms training or safety course or class conducted by a state-certified or National Rifle Association certified firearms
instructor;
A photocopy of a certificate of completion of any of the courses or classes; or an affidavit from the instructor, school, club, organization, or group
that conducted or taught said course or class attesting to the completion of the course or class by the applicant; or a copy of any document which
shows completion of the course or class or evidences participation in firearms competition shall constitute evidence of qualification under this
paragraph; any person who conducts a course pursuant to subparagraph 2., subparagraph 3., or subparagraph 7., or who, as an instructor, attests
to the completion of such courses, must maintain records certifying that he or she observed the student safely handle and discharge the firearm;
(i) Has not been adjudicated an incapacitated person under §744.331, or similar laws of any other state, unless 5 years have elapsed since the
applicant’s restoration to capacity by court order;
(j) Has not been committed to a mental institution under chapter 394, or similar laws of any other state, unless the applicant produces a certificate
from a licensed psychiatrist that he or she has not suffered from disability for at least 5 years prior to the date of submission of the application;
(k) Has not had adjudication of guilt withheld or imposition of sentence suspended on any felony or misdemeanor crime of domestic violence
unless 3 years have elapsed since probation or any other conditions set by the court have been fulfilled, or the record has been sealed or
expunged;
(l) Has not been issued an injunction that is currently in force and effect and that restrains the applicant from committing acts of domestic
violence or acts of repeat violence; and
(m) Is not prohibited from purchasing or possessing a firearm by any other provision of Florida or federal law.
(3) The Department of Agriculture and Consumer Services shall deny a license if the applicant has been found guilty of, had adjudication of guilt
withheld for, or had imposition of sentence suspended for one or more crimes of violence constituting a misdemeanor, unless 3 years have elapsed
since probation or any other conditions set by the court have been fulfilled or the record has been sealed or expunged. The Department of
Agriculture and Consumer Services shall revoke a license if the licensee has been 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. The department shall, upon notification by a
law enforcement agency, a court, or the Florida Department of Law Enforcement and subsequent written verification, suspend a license or the
processing of an application for a license if the licensee or applicant is arrested or formally charged with a crime that would disqualify such person
from having a license under this section, until final disposition of the case. The department shall suspend a license or the processing of an
application for a license if the licensee or applicant is issued an injunction that restrains the licensee or applicant from committing acts of
domestic violence or acts of repeat violence.
(4) The application shall be completed, under oath, on a form promulgated by the Department of Agriculture and Consumer Services and shall
include:
(a) The name, address, place and date of birth, race, and occupation of the applicant;
(b) A statement that the applicant is in compliance with criteria contained within subsections (2) and (3);
(c) A statement that the applicant has been furnished a copy of this chapter and is knowledgeable of its provisions;
(d) A conspicuous warning that the application is executed under oath and that a false answer to any question, or the submission of any false
document by the applicant, subjects the applicant to criminal prosecution under §837.06; and
(e) A statement that the applicant desires a concealed weapon or firearms license as a means of lawful self-defense.
(5) The applicant shall submit to the Department of Agriculture and Consumer Services:
(a) A completed application as described in subsection (4).
(b) A nonrefundable license fee not to exceed $85, if he or she has not previously been issued a statewide license, or a nonrefundable license fee
not to exceed $70 for renewal of a statewide license. Costs for processing the set of fingerprints as required in paragraph (c) shall be borne by the
applicant. However, an individual holding an active certification from the Criminal Justice Standards and Training Commission as a “law
enforcement officer,” “correctional officer,” or “correctional probation officer” as defined in §943.10 (1), (2), (3), (6), (7), (8), or (9) is exempt from
the licensing requirements of this section. If any individual holding an active certification from the Criminal Justice Standards and Training
Commission as a “law enforcement officer,” a “correctional officer,” or a “correctional probation officer” as defined in §943.10 (1), (2), (3), (6), (7),
(8), or (9) wishes to receive a concealed weapons or firearms license, such person is exempt from the background investigation and all
background investigation fees, but shall pay the current license fees regularly required to be paid by nonexempt applicants. Further, a law
enforcement officer, a correctional officer, or a correctional probation officer as defined in §943.10 (1), (2), or (3) is exempt from the required fees
and background investigation for a period of 1 year subsequent to the date of retirement of said officer as a law enforcement officer, a correctional
officer, or a correctional probation officer.
(c) A full set of fingerprints of the applicant administered by a law enforcement agency.
(d) A photocopy of a certificate or an affidavit or document as described in paragraph (2)(h).
(e) A full frontal view color photograph of the applicant taken within the preceding 30 days, in which the head, including hair, measures ? of an
inch wide and 1? inches high.
(6) (a) The Department of Agriculture and Consumer Services, upon receipt of the items listed in subsection (5), shall forward the full set of
fingerprints of the applicant to the Department of Law Enforcement for state and federal processing, provided the federal service is available, to be
processed for any criminal justice information as defined in §943.045. The cost of processing such fingerprints shall be payable to the Department
of Law Enforcement by the Department of Agriculture and Consumer Services.
(b) The sheriff’s office shall provide fingerprinting service if requested by the applicant and may charge a fee not to exceed $5 for this service.
(c) The Department of Agriculture and Consumer Services shall, within 90 days after the date of receipt of the items listed in subsection (5):
1. Issue the license; or
2. Deny the application based solely on the ground that the applicant fails to qualify under the criteria listed in subsection (2) or subsection (3). If
the Department of Agriculture and Consumer Services denies the application, it shall notify the applicant in writing, stating the ground for denial
and informing the applicant of any right to a hearing pursuant to chapter 120.
3. In the event the department receives criminal history information with no final disposition on a crime which may disqualify the applicant, the
time limitation prescribed by this paragraph may be suspended until receipt of the final disposition or proof of restoration of civil and firearm
rights.
(d) In the event a legible set of fingerprints, as determined by the Department of Agriculture and Consumer Services or the Federal Bureau of
Investigation, cannot be obtained after two attempts, the Department of Agriculture and Consumer Services shall determine eligibility based upon
the name checks conducted by the Florida Department of Law Enforcement.
(e) A consular security official of a foreign government that maintains diplomatic relations and treaties of commerce, friendship, and navigation
with the United States and is certified as such by the foreign government and by the appropriate embassy in this country must be issued a license
within 20 days after the date of the receipt of a completed application, certification document, color photograph as specified in paragraph (5) (e),
and a nonrefundable license fee of $300. Consular security official licenses shall be valid for 1 year and may be renewed upon completion of the
application process as provided in this section.
(7) The Department of Agriculture and Consumer Services shall maintain an automated listing of licenseholders and pertinent information, and
such information shall be available online, upon request, at all times to all law enforcement agencies through the Florida Crime Information
Center.
(8) Within 30 days after the changing of a permanent address, or within 30 days after having a license lost or destroyed, the licensee shall notify
the Department of Agriculture and Consumer Services of such change. Failure to notify the Department of Agriculture and Consumer Services
pursuant to the provisions of this subsection shall constitute a noncriminal violation with a penalty of $25.
(9) In the event that a concealed weapon or firearm license is lost or destroyed, the license shall be automatically invalid, and the person to whom
the same was issued may, upon payment of $15 to the Department of Agriculture and Consumer Services, obtain a duplicate, or substitute thereof,
upon furnishing a notarized statement to the Department of Agriculture and Consumer Services that such license has been lost or destroyed.
(10) A license issued under this section shall be suspended or revoked pursuant to chapter 120 if the licensee:
(a) Is found to be ineligible under the criteria set forth in subsection (2);
(b) Develops or sustains a physical infirmity which prevents the safe handling of a weapon or firearm;
(c) Is convicted of a felony which would make the licensee ineligible to possess a firearm pursuant to §790.23;
(d) Is found guilty of a crime under the provisions of chapter 893, or similar laws of any other state, relating to controlled substances;
(e) Is committed as a substance abuser under chapter 397, or is deemed a habitual offender under §856.011 (3), or similar laws of any other state;
(f) Is convicted of a second violation of §316.193, or a similar law of another state, within 3 years of a previous conviction of such section, or
similar law of another state, even though the first violation may have occurred prior to the date on which the application was submitted;
(g) Is adjudicated an incapacitated person under §744.331, or similar laws of any other state; or
(h) Is committed to a mental institution under chapter 394, or similar laws of any other state.
(11) (a) No less than 90 days before the expiration date of the license, the Department of Agriculture and Consumer Services shall mail to each
licensee a written notice of the expiration and a renewal form prescribed by the Department of Agriculture and Consumer Services. The licensee
must renew his or her license on or before the expiration date by filing with the Department of Agriculture and Consumer Services the renewal
form containing a notarized affidavit stating that the licensee remains qualified pursuant to the criteria specified in subsections (2) and (3), a
color photograph as specified in paragraph (5) (e), and the required renewal fee. Out-of-state residents must also submit a completed fingerprint
card and fingerprint processing fee. The license shall be renewed upon receipt of the completed renewal form, color photograph, appropriate
payment of fees, and, if applicable, a completed fingerprint card. Additionally, a licensee who fails to file a renewal application on or before its
expiration date must renew his or her license by paying a late fee of $15. A license may not be renewed 180 days or more after its expiration date,
and such a license is deemed to be permanently expired. A person whose license has been permanently expired may reapply for licensure;
however, an application for licensure and fees under subsection (5) must be submitted, and a background investigation shall be conducted
pursuant to this section. A person who knowingly files false information under this subsection is subject to criminal prosecution under §837.06.
(b) A license issued to a service member, as defined in §250.01, is subject to paragraph (a); however, such a license does not expire while the
service member is serving on military orders that have taken him or her over 35 miles from his or her residence and shall be extended, as
provided in this paragraph, for up to 180 days after his or her return to such residence. If the license renewal requirements in paragraph (a) are
met within the 180-day extension period, the service member may not be charged any additional costs, such as, but not limited to, late fees or
delinquency fees, above the normal license fees. The service member must present to the Department of Agriculture and Consumer Services a
copy of his or her official military orders or a written verification from the member’s commanding officer before the end of the 180-day period in
order to qualify for the extension.
(12) No license issued pursuant to this section shall authorize any person to carry a concealed weapon or firearm into any place of nuisance as
defined in §823.05; any police, sheriff, or highway patrol station; any detention facility, prison, or jail; any courthouse; any courtroom, except that
nothing in this section would preclude a judge from carrying a concealed weapon or determining who will carry a concealed weapon in his or her
courtroom; any polling place; any meeting of the governing body of a county, public school district, municipality, or special district; any meeting of
the Legislature or a committee thereof; any school, college, or professional athletic event not related to firearms; any school administration
building; any portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises, which portion of the
establishment is primarily devoted to such purpose; any elementary or secondary school facility; any career center; any college or university
facility unless the licensee is a registered student, employee, or faculty member of such college or university and the weapon is a stun gun or
nonlethal electric weapon or device designed solely for defensive purposes and the weapon does not fire a dart or projectile; inside the passenger
terminal and sterile area of any airport, provided that no person shall be prohibited from carrying any legal firearm into the terminal, which
firearm is encased for shipment for purposes of checking such firearm as baggage to be lawfully transported on any aircraft; or any place where
the carrying of firearms is prohibited by federal law. Any person who willfully violates any provision of this subsection commits a misdemeanor of
the second degree, punishable as provided in §775.082 or §775.083.
(13) All moneys collected by the department pursuant to this section shall be deposited in the Division of Licensing Trust Fund, and the
Legislature shall appropriate from the fund those amounts deemed necessary to administer the provisions of this section. All revenues collected,
less those costs determined by the Department of Agriculture and Consumer Services to be nonrecurring or one-time costs, shall be deferred over
the 7-year licensure period. Notwithstanding the provisions of §493.6117, all moneys collected pursuant to this section shall not revert to the
General Revenue Fund; however, this shall not abrogate the requirement for payment of the service charge imposed pursuant to chapter 215.
(14) All funds received by the sheriff pursuant to the provisions of this section shall be deposited into the general revenue fund of the county and
shall be budgeted to the sheriff.
(15) The Legislature finds as a matter of public policy and fact that it is necessary to provide statewide uniform standards for issuing licenses to
carry concealed weapons and firearms for self-defense and finds it necessary to occupy the field of regulation of the bearing of concealed weapons
or firearms for self-defense to ensure that no honest, law-abiding person who qualifies under the provisions of this section is subjectively or
arbitrarily denied his or her rights. The Department of Agriculture and Consumer Services shall implement and administer the provisions of this
section. The Legislature does not delegate to the Department of Agriculture and Consumer Services the authority to regulate or restrict the issuing
of licenses provided for in this section, beyond those provisions contained in this section. Subjective or arbitrary actions or rules which encumber
the issuing process by placing burdens on the applicant beyond those sworn statements and specified documents detailed in this section or which
create restrictions beyond those specified in this section are in conflict with the intent of this section and are prohibited. This section shall be
liberally construed to carry out the constitutional right to bear arms for self-defense. This section is supplemental and additional to existing rights
to bear arms, and nothing in this section shall impair or diminish such rights.
(16) The Department of Agriculture and Consumer Services shall maintain statistical information on the number of licenses issued, revoked,
suspended, and denied.
(17) As amended by chapter 87-24, Laws of Florida, this section shall be known and may be cited as the “Jack Hagler Self Defense Act.”
790.10. Improper exhibition of dangerous weapons or firearms.
If any person having or carrying any dirk, sword, sword cane, firearm, electric weapon or device, or other weapon shall, in the presence of one or
more persons, exhibit the same in a rude, careless, angry, or threatening manner, not in necessary self-defense, the person so offending shall be
guilty of a misdemeanor of the first degree, punishable as provided in 775.082 or 775.083.
790.15. Discharging firearm in public.
(1) Except as provided in subsection (2) or subsection (3), any person who knowingly discharges a firearm in any public place or on the right-ofway
of any paved public road, highway, or street or whosoever knowingly discharges any firearm over the right-of-way of any paved public road,
highway, or street or over any occupied premises is guilty of a misdemeanor of the first degree, punishable as provided in 775.082 or 775.083.
This section does not apply to a person lawfully defending life or property or performing official duties requiring the discharge of a firearm or to a
person discharging a firearm on public roads or properties expressly approved for hunting by the Fish and Wildlife Conservation Commission or
Division of Forestry.
(2) Any occupant of any vehicle who knowingly and willfully discharges any firearm from the vehicle within 1,000 feet of any person commits a
felony of the second degree, punishable as provided in 775.082, 775.083, or 775.084.
(3) Any driver or owner of any vehicle, whether or not the owner of the vehicle is occupying the vehicle, who knowingly directs any other person
to discharge any firearm from the vehicle commits a felony of the third degree, punishable as provided in ? 775.082, ? 775.083, or ? 775.084.
790.151. Using firearm while under the influence of alcoholic beverages, chemical substances, or controlled substances; penalties.
(1) As used in ?? 790.151-790.157, to ?use a firearm ? means to discharge a firearm or to have a firearm readily accessible for immediate
discharge.
(2) For the purposes of this section, ?readily accessible for immediate discharge ? means loaded and in a person ?s hand.
(3) It is unlawful and punishable as provided in subsection (4) for any person who is under the influence of alcoholic beverages, any chemical
substance set forth in ? 877.111, or any substance controlled under chapter 893, when affected to the extent that his or her normal faculties are
impaired, to use a firearm in this state.
(4) Any person who violates subsection (3) commits a misdemeanor of the second degree, punishable as provided in ? 775.082 or ? 775.083.
(5) This section does not apply to persons exercising lawful self-defense or defense of one ?s property.
790.174. Safe storage of firearms required.
(1) A person who stores or leaves, on a premise under his or her control, a loaded firearm, as defined in ? 790.001, and who knows or reasonably
should know that a minor is likely to gain access to the firearm without the lawful permission of the minor ?s parent or the person having charge
of the minor, or without the supervision required by law, shall keep the firearm in a securely locked box or container or in a location which a
reasonable person would believe to be secure or shall secure it with a trigger lock, except when the person is carrying the firearm on his or her
body or within such close proximity thereto that he or she can retrieve and use it as easily and quickly as if he or she carried it on his or her body.
(2) It is a misdemeanor of the second degree, punishable as provided in ? 775.082 or ? 775.083, if a person violates subsection (1) by failing to
store or leave a firearm in the required manner and as a result thereof a minor gains access to the firearm, without the lawful permission of the
minor ?s parent or the person having charge of the minor, and possesses or exhibits it, without the supervision required by law:
(a) In a public place; or
(b) In a rude, careless, angry, or threatening manner in violation of ? 790.10.
This subsection does not apply if the minor obtains the firearm as a result of an unlawful entry by any person.
(3) As used in this act, the term ?minor ? means any person under the age of 16.
790.25. Lawful ownership, possession, and use of firearms and other weapons.
(1) DECLARATION OF POLICY. ? The Legislature finds as a matter of public policy and fact that it is necessary to promote firearms safety and to
curb and prevent the use of firearms and other weapons in crime and by incompetent persons without prohibiting the lawful use in defense of life,
home, and property, and the use by United States or state military organizations, and as otherwise now authorized by law, including the right to
use and own firearms for target practice and marksmanship on target practice ranges or other lawful places, and lawful hunting and other lawful
purposes.
(2) USES NOT AUTHORIZED. ? (a) This section does not authorize carrying a concealed weapon without a permit, as prohibited by ?? 790.01 and
790.02.
(b) The protections of this section do not apply to the following:
1. A person who has been adjudged mentally incompetent, who is addicted to the use of narcotics or any similar drug, or who is a habitual or
chronic alcoholic, or a person using weapons or firearms in violation of ?? 790.07-790.115, 790.145-790.19, 790.22-790.24;
2. Vagrants and other undesirable persons as defined in s. 856.02;
3. A person in or about a place of nuisance as defined in ? 823.05, unless such person is there for law enforcement or some other lawful purpose.
(3) LAWFUL USES. ? The provisions of ?? 790.053 and 790.06 do not apply in the following instances, and, despite such sections, it is lawful for
the following persons to own, possess, and lawfully use firearms and other weapons, ammunition, and supplies for lawful purposes:
(a) Members of the Militia, National Guard, Florida State Defense Force, Army, Navy, Air Force, Marine Corps, Coast Guard, organized reserves, and
other armed forces of the state and of the United States, when on duty, when training or preparing themselves for military duty, or while subject to
recall or mobilization;
(b) Citizens of this state subject to duty in the Armed Forces under ? 2, Art. X of the State Constitution, under chapters 250 and 251, and under
federal laws, when on duty or when training or preparing themselves for military duty;
(c) Persons carrying out or training for emergency management duties under chapter 252;
(d) Sheriffs, marshals, prison or jail wardens, police officers, Florida highway patrol officers, game wardens, revenue officers, forest officials,
special officers appointed under the provisions of chapter 354, and other peace and law enforcement officers and their deputies and assistants
and full-time paid peace officers of other states and of the Federal Government who are carrying out official duties while in this state;
(e) Officers or employees of the state or United States duly authorized to carry a concealed weapon;
(f) Guards or messengers of common carriers, express companies, armored car carriers, mail carriers, banks, and other financial institutions,
while actually employed in and about the shipment, transportation, or delivery of any money, treasure, bullion, bonds, or other thing of value
within this state;
(g) Regularly enrolled members of any organization duly authorized to purchase or receive weapons from the United States or from this state, or
regularly enrolled members of clubs organized for target, skeet, or trap shooting, while at or going to or from shooting practice; or regularly
enrolled members of clubs organized for modern or antique firearms collecting, while such members are at or going to or from their collectors?
gun shows, conventions, or exhibits;
(h) A person engaged in fishing, camping, or lawful hunting or going to or returning from a fishing, camping, or lawful hunting expedition;
(i) A person engaged in the business of manufacturing, repairing, or dealing in firearms, or the agent or representative of any such person while
engaged in the lawful course of such business;
(j) A person firing weapons for testing or target practice under safe conditions and in a safe place not prohibited by law or going to or from such
place;
(k) A person firing weapons in a safe and secure indoor range for testing and target practice;
(l) A person traveling by private conveyance when the weapon is securely encased or in a public conveyance when the weapon is securely encased
and not in the person ?s manual possession;
(m) A person while carrying a pistol unloaded and in a secure wrapper, concealed or otherwise, from the place of purchase to his or her home or
place of business or to a place of repair or back to his or her home or place of business;
(n) A person possessing arms at his or her home or place of business;
(o) Investigators employed by the several public defenders of the state, while actually carrying out official duties, provided such investigators:
1. Are employed full time;
2. Meet the official training standards for firearms established by the Criminal Justice Standards and Training Commission as provided in ? 943.12
(5) and the requirements of ?? 493.6108 (1) (a) and 943.13 (1)- (4); and
3. Are individually designated by an affidavit of consent signed by the employing public defender and filed with the clerk of the circuit court in the
county in which the employing public defender resides.
(p) Investigators employed by the capital collateral regional counsel, while actually carrying out official duties, provided such investigators:
1. Are employed full time;
2. Meet the official training standards for firearms as established by the Criminal Justice Standards and Training Commission as provided in
? 943.12 (1) and the requirements of ?? 493.6108 (1) (a) and 943.13 (1)- (4); and
3. Are individually designated by an affidavit of consent signed by the capital collateral regional counsel and filed with the clerk of the circuit court
in the county in which the investigator is headquartered.
(4) CONSTRUCTION. ? This act shall be liberally construed to carry out the declaration of policy herein and in favor of the constitutional right to
keep and bear arms for lawful purposes. This act is supplemental and additional to existing rights to bear arms now guaranteed by law and
decisions of the courts of Florida, and nothing herein shall impair or diminish any of such rights. This act shall supersede any law, ordinance, or
regulation in conflict herewith.
(5) POSSESSION IN PRIVATE CONVEYANCE. ? Notwithstanding subsection (2), it is lawful and is not a violation of ? 790.01 for a person 18 years
of age or older to possess a concealed firearm or other weapon for self-defense or other lawful purpose within the interior of a private conveyance,
without a license, if the firearm or other weapon is securely encased or is otherwise not readily accessible for immediate use. Nothing herein
contained prohibits the carrying of a legal firearm other than a handgun anywhere in a private conveyance when such firearm is being carried for
a lawful use. Nothing herein contained shall be construed to authorize the carrying of a concealed firearm or other weapon on the person. This
subsection shall be liberally construed in favor of the lawful use, ownership, and possession of firearms and other weapons, including lawful selfdefense
as provided in ? 776.012.
790.251. Protection of the right to keep and bear arms in motor vehicles for self-defense and other lawful purposes; prohibited acts;
duty of public and private employers; immunity from liability; enforcement.
(1) SHORT TITLE. ? This section may be cited as the ?Preservation and Protection of the Right to Keep and Bear Arms in Motor Vehicles Act of
2008.?
(2) DEFINITIONS. ? As used in this section, the term:
(a) ?Parking lot ? means 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.
(b) ?Motor vehicle ? means 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.
(c) ?Employee ? means any person who possesses a valid license issued pursuant to ? 790.06 and:
1. Works for salary, wages, or other remuneration;
2. Is an independent contractor; or
3. Is a volunteer, intern, or other similar individual for an employer.
(d) ?Employer ? means 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, that has employees.
(e) ?Invitee ? means any business invitee, including a customer or visitor, who is lawfully on the premises of a public or private employer.
As used in this section, the term ?firearm ? includes ammunition and accoutrements attendant to the lawful possession and use of a firearm.
(3) LEGISLATIVE INTENT; FINDINGS. ? This act is intended to codify the long-standing legislative policy of the state that individual citizens have a
constitutional right to keep and bear arms, that they have a constitutional right to possess and keep legally owned firearms within their motor
vehicles for self-defense and other lawful purposes, and that these rights are not abrogated by virtue of a citizen becoming a customer, employee,
or invitee of a business entity. It is the finding of the Legislature that a citizen ?s lawful possession, transportation, and secure keeping of firearms
and ammunition within his or her motor vehicle is essential to the exercise of the fundamental constitutional right to keep and bear arms and the
constitutional right of self-defense. The Legislature finds that protecting and preserving these rights is essential to the exercise of freedom and
individual responsibility. The Legislature further finds that no citizen can or should be required to waive or abrogate his or her right to possess
and securely keep firearms and ammunition locked within his or her motor vehicle by virtue of becoming a customer, employee, or invitee of any
employer or business establishment within the state, unless specifically required by state or federal law.
(4) PROHIBITED ACTS. ? No public or private employer may violate the constitutional rights of any customer, employee, or invitee as provided in
paragraphs (a)- (e):
(a) No public or private employer may prohibit any customer, employee, or invitee from possessing any legally owned firearm when such firearm
is lawfully possessed and locked inside or locked to a private motor vehicle in a parking lot and when the customer, employee, or invitee is lawfully
in such area.
(b) No public or private employer may violate the privacy rights of a customer, employee, or invitee by verbal or written inquiry regarding the
presence of a firearm inside or locked to a private motor vehicle in a parking lot or by an actual search of a private motor vehicle in a parking lot to
ascertain the presence of a firearm within the vehicle. Further, no public or private employer may take any action against a customer, employee, or
invitee based upon verbal or written statements of any party concerning possession of a firearm stored inside a private motor vehicle in a parking
lot for lawful purposes. A search of a private motor vehicle in the parking lot of a public or private employer to ascertain the presence of a firearm
within the vehicle may only be conducted by on-duty law enforcement personnel, based upon due process and must comply with constitutional
protections.
(c) No public or private employer shall condition employment upon either:
1. The fact that an employee or prospective employee holds or does not hold a license issued pursuant to ? 790.06; or
2. Any agreement by an employee or a prospective employee that prohibits an employee from keeping a legal firearm locked inside or locked to a
private motor vehicle in a parking lot when such firearm is kept for lawful purposes.
(d) No public or private employer shall prohibit or attempt to prevent any customer, employee, or invitee from entering the parking lot of the
employer ?s place of business because the customer ?s, employee ?s, or invitee ?s private motor vehicle contains a legal firearm being carried
for lawful purposes, that is out of sight within the customer ?s, employee ?s, or invitee ?s private motor vehicle.
(e) No public or private employer may terminate the employment of or otherwise discriminate against an employee, or expel a customer or invitee
for exercising his or her constitutional right to keep and bear arms or for exercising the right of self-defense as long as a firearm is never exhibited
on company property for any reason other than lawful defensive purposes.
This subsection applies to all public sector employers, including those already prohibited from regulating firearms under the provisions of
? 790.33.
(5) DUTY OF CARE OF PUBLIC AND PRIVATE EMPLOYERS; IMMUNITY FROM LIABILITY. ? (a) When subject to the provisions of subsection (4), a
public or private employer has no duty of care related to the actions prohibited under such subsection.
(b) A public or private employer is not liable in a civil action based on actions or inactions taken in compliance with this section. The immunity
provided in this subsection does not apply to civil actions based on actions or inactions of public or private employers that are unrelated to
compliance with this section.
(c) Nothing contained in this section shall be interpreted to expand any existing duty, or create any additional duty, on the part of a public or
private employer, property owner, or property owner ?s agent.
(6) ENFORCEMENT. ? The Attorney General shall enforce the protections of this act on behalf of any customer, employee, or invitee aggrieved
under this act. If there is reasonable cause to believe that the aggrieved person ?s rights under this act have been violated by a public or private
employer, the Attorney General shall commence a civil or administrative action for damages, injunctive relief and civil penalties, and such other
relief as may be appropriate under the provisions of ? 760.51, or may negotiate a settlement with any employer on behalf of any person aggrieved
under the act. However, nothing in this act shall prohibit the right of a person aggrieved under this act to bring a civil action for violation of rights
protected under the act. In any 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 as a result of the violation of rights under this act. In any action
brought pursuant to this act, the court shall award all court costs and attorney ?s fees to the prevailing party.
(7) EXCEPTIONS. ? The prohibitions in subsection (4) do not apply to:
(a) Any school property as defined and regulated under ? 790.115.
(b) Any correctional institution regulated under ? 944.47 or chapter 957.
(c) Any property where a nuclear-powered electricity generation facility is located.
(d) Property owned or leased by a public or private employer or the landlord of a public or private employer upon which are conducted
substantial activities involving national defense, aerospace, or homeland security.
(e) Property owned or leased by a public or private employer or the landlord of a public or private employer upon which the primary business
conducted is the manufacture, use, storage, or transportation of combustible or explosive materials regulated under state or federal law, or
property owned or leased by an employer who has obtained a permit required under 18 U.S.C. ? 842 to engage in the business of importing,
manufacturing, or dealing in explosive materials on such property.
(f) A motor vehicle owned, leased, or rented by a public or private employer or the landlord of a public or private employer.
(g) Any other property owned or leased by a public or private employer or the landlord of a public or private employer upon which possession of a
firearm or other legal product by a customer, employee, or invitee is prohibited pursuant to any federal law, contract with a federal government
entity, or general law of this state.
Legal Justification-Touching
Or The Use Of Force
There are three major exceptions to the general rule that one may not legally touch or injure another person:
(1) Consent (expressed, implied, emergency);
(2) Self-Defense; and
(3) Arrest.
The consent may be expressed or implied. An example of express consent would be a situation in which a person accused of shoplifting protests
his or her innocence and asks the store manager or responding officer to search him or her for the item alleged to have been stolen. In order to
serve as justification for touching, the victim's consent must have been freely given.
Consent to be touched may be implied from a person's actions, or implied as a matter of law from the circumstances. One common situation in
which consent is implied as a matter of law from the circumstances is when the person touched is mentally or physically incapable of giving actual
consent and it is assumed that most people in his or her position would have consented. For example, when a police officer carries an unconscious
person from a position of peril, such as a burning building, the victim's consent will usually be implied as a matter of law, and the police officer will
not be held to have committed a battery.
If touching or force varies in scope or intensity from the consent given or implied, a battery has occurred unless some other justification exists for
the physical contact. For example, it would be generally implied that an unconscious person has consented to mouth-to-mouth resuscitation if it
was reasonably believed to have been necessary to save one's life. If, however, after having restored the victim's breathing, the rescuer kissed the
person on the forehead, the rescuer would have committed a battery. The victim's consent to being kissed will not be implied, absent special
circumstances, because it was not necessary to the victim's well-being.
Another legal justification for touching or injuring another person is self-defense. Any person may use non-lethal force when and to the extent that
he or she reasonably believes that such force is necessary to defend himself or herself or another person from the unlawful use of force by a third
person. The use of deadly force by a private citizen is justified only if the citizen reasonably believes that such force is necessary to prevent great
bodily harm (to himself or another person) or, to prevent the commission of a forcible felony. ? 776.012, Fla. Stat.
The third major exception to the general rule that a person must not touch or injure another person exists for police officers in the performance of
their lawful duties. As a general rule, a police officer may cause whatever physical contact or use whatever non-lethal force is necessary to carry
out his or her lawful duties. However, all reasonable alternatives should be exhausted or be clearly ineffective prior to the application of force.
776.012. Use of force in defense of person.
A person is justified in using force, except deadly force, against another when and to the extent that the person reasonably believes that such
conduct is necessary to defend himself or herself or another against the other ?s imminent use of unlawful force. However, a person is justified in
the use of deadly force and does not have a duty to retreat if:
(1) He or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or
to prevent the imminent commission of a forcible felony; or
(2) Under those circumstances permitted pursuant to ? 776.013.
776.013. Home protection; use of deadly force; presumption of fear of death or great bodily harm.
(1) A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when
using defensive force that is intended or likely to cause death or great bodily harm to another if:
(a) The person against whom the defensive force was used was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly
entered, a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person's will
from the dwelling, residence, or occupied vehicle; and
(b) The person who uses defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was
occurring or had occurred.
(2) The presumption set forth in subsection (1) does not apply if:
(a) The person against whom the defensive force is used has the right to be in or is a lawful resident of the dwelling, residence, or vehicle, such as
an owner, lessee, or titleholder, and there is not an injunction for protection from domestic violence or a written pretrial supervision order of no
contact against that person; or
(b) The person or persons sought to be removed is a child or grandchild, or is otherwise in the lawful custody or under the lawful guardianship of,
the person against whom the defensive force is used; or
(c) The person who uses defensive force is engaged in an unlawful activity or is using the dwelling, residence, or occupied vehicle to further an
unlawful activity; or
(d) The person against whom the defensive force is used is a law enforcement officer, as defined in ? 943.10 (14), who enters or attempts to enter
a dwelling, residence, or vehicle in the performance of his or her official duties and the officer identified himself or herself in accordance with any
applicable law or the person using force knew or reasonably should have known that the person entering or attempting to enter was a law
enforcement officer.
(3) A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to
retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is
necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.
(4) A person who unlawfully and by force enters or attempts to enter a person ?s dwelling, residence, or occupied vehicle is presumed to be doing
so with the intent to commit an unlawful act involving force or violence.
(5) As used in this section, the term:
(a) Dwelling means a building or conveyance of any kind, including any attached porch, whether the building or conveyance is temporary or
permanent, mobile or immobile, which has a roof over it, including a tent, and is designed to be occupied by people lodging therein at night.
(b) Residence means a dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest.
(c) Vehicle means a conveyance of any kind, whether or not motorized, which is designed to transport people or property.
776.031. Use of force in defense of others.
A person is justified in the use of force, except deadly force, against another when and to the extent that the person reasonably believes that such
conduct is necessary to prevent or terminate the other's trespass on, or other tortious or criminal interference with, either real property other
than a dwelling or personal property, lawfully in his or her possession or in the possession of another who is a member of his or her immediate
family or household or of a person whose property he or she has a legal duty to protect. However, the person is justified in the use
of deadly force only if he or she reasonably believes that such force is necessary to prevent the imminent commission of a forcible felony. A person
does not have a duty to retreat if the person is in a place where he or she has a right to be.
776.032. Immunity from criminal prosecution and civil action for justifiable use of force.
(1) A person who uses force as permitted in ? 776.012, ? 776.013, or ? 776.031 is justified in using such force and is immune from criminal
prosecution and civil action for the use of such force, unless the person against whom force was used is a law enforcement officer, as defined in
? 943.10 (14), who was acting in the performance of his or her official duties and the officer identified himself or herself in accordance with any
applicable law or the person using force knew or reasonably should have known that the person was a law enforcement officer. As used in this
subsection, the term criminal prosecution includes arresting, detaining in custody, and charging or prosecuting the defendant.
(2) A law enforcement agency may use standard procedures for investigating the use of force as described in subsection (1), but the agency may
not arrest the person for using force unless it determines that there is probable cause that the force that was used was unlawful.
(3) The court shall award reasonable attorney's fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in
defense of any civil action brought by a plaintiff if the court finds that the defendant is immune from prosecution as provided in subsection (1).
