Public Safety [Chapter 2023-18, HB 543, Effective July 1, 2023] Summary The bill makes numerous technical and conforming changes to existing statutes relating to carrying a concealed weapon or firearm. The right of the people to carry and bear arms stems from both the United States Constitution and the Constitution of the State of Florida. The state of Florida recently adopted new gun legislation, effective July 1, 2023, which allows the everyday citizen to carry a concealed weapon without first obtaining a concealed weapons permit. This raises interesting questions for community associations. The question of community association’s right to adopt a rule that prohibits the carrying of concealed weapons in the clubhouse or other common area facilities may be dependent on the rulemaking authority of the board of directors to prohibit concealed weapons in the clubhouse and other common areas. This bill addresses public safety in two ways: ● First, the bill provides that persons who wish to carry a concealed weapon or concealed firearm without obtaining and maintaining a concealed weapon or concealed firearm license from the Department of Agriculture and Consumer Services (DACS) may lawfully do so if they meet certain criteria. ● Second, the bill amends various sections of law relating to school safety and creates the Florida Safe Schools Canine Program. We address only the first in this section. Firearms and Concealed Carry The bill substantially amends F.S. 790.01 to provide that a person is authorized to carry a concealed weapon or concealed firearm if he or she is licensed, or is not licensed but otherwise satisfies the criteria for receiving and maintaining such a license under F.S. 790.06(2)(a)-(f) and (i)-(n), (3), and (10). The bill further amends F.S. 790.01 by providing that in a prosecution for the unlawful carrying of a concealed weapon or concealed firearm, the state bears the burden of proving, as an element of the offense, both that a person is not licensed under F.S. 790.06 and that they are ineligible to receive and maintain such a license under the criteria listed in F.S. 790.06(2)(a)-(f) and (i)-(n), (3), and (10). Drone Delivery Service [Chapter 2023-137, SB 1068, Effective July 1, 2023] Summary This bill identifies and defines drone delivery services and drone ports as it relates to regulation of aircraft, airports, and pilots as well as to building construction standards and fire prevention and control. The bill prohibits political subdivisions from withholding the issuance of a business tax receipt, development permit, or other use approval to a drone delivery service and from enacting or enforcing an ordinance or resolution prohibiting a drone delivery service’s operation based on the location of the delivery service’s drone port. However, the bill does allow a political subdivision to enforce generally applicable minimum setback and landscaping regulations. The bill exempts drone ports from the Florida Building Code, except for any stairwells. The bill also exempts drone ports from certain provisions concerning fire protection systems of the Florida Fire Prevention Code, including the national codes and the Life Safety Code incorporated by reference. Chapter 2023-137 makes significant changes/additions to F.S. 330, Regulation of Aircraft, Pilots, and Airports. It also includes definition of drone ports as it applies to F.S. 553, Building construction standards and F.S. 633, Fire prevention and control.
The bill creates F.S. 790.013 and amends F.S. 790.06 to provide the same requirements to carry and display identification for licensed and authorized concealed weapon or concealed firearm carriers. A violation of these provisions is a noncriminal violation, punishable by a $25 fine. Additionally, F.S. 790.013 provides that a person who is authorized to carry a concealed weapon or firearm without a license is subject to F.S. 790.06(12) in the same manner as a person who is licensed to carry a concealed weapon or firearm. F.S. 790.06(12) provides that a concealed weapon or firearm license does not authorize a person to carry a weapon or firearm in a concealed manner into specified locations. The bill amends F.S. 790.053 the prohibition against openly carrying a firearm, to provide that it is not a violation for a person who is authorized to carry and a person who is licensed to carry a concealed weapon or firearm, to display the firearm briefly and openly to the ordinary sight of another person, unless the firearm is intentionally displayed in an angry or threatening manner, not in necessary self- defense. The bill amends F.S. 790.115(2) to provide the same penalty for a person who is authorized to carry and a person who is licensed to carry a concealed weapon or firearm when such a person willfully and knowingly possesses a weapon or firearm at a school-sponsored event or on the property of any school, school bus, or school bus stop. The penalty for such violation is a second-degree misdemeanor. Additionally, the bill amends F.S. 790.015 to allow a nonresident who does not have a concealed weapon or firearm license issued by their state, to carry concealed in Florida if they satisfy specified criteria in F.S. 790.06. The bill also removes the provision that limits recognition of other states’ concealed weapon or firearm licenses to states that honor Florida-issued licenses. The bill amends F.S. 790.25 to clarify that a person may carry a concealed weapon or firearm on their person while in a private conveyance if they are authorized to carry a concealed weapon or firearm under F.S. 790.01(1). The bill repeals F.S. 790.145 that prohibits possession of a concealed firearm or a destructive device within the premises of a pharmacy. Regulation of Aircraft, Pilots, and Airports The bill added definitions to F.S. 330.41 section (2)(c): (c) “Drone delivery service” means a person or entity engaged in a business or profession of delivering goods via drone and who is governed by Title 14 of the Code of Federal Regulations. (d) “Drone port” means a stand-alone building that does not exceed 1,500 square feet in area or 36 feet in height; is located in a nonresidential area; is used or intended for use by a drone delivery service for the storage, launch, landing, or observation of drones; was constructed using Type I or Type II construction as described in the Florida Building Code; and if greater than one story in height, includes at least one stairwell that is compliant with the Florida Building Code. The bill also added (c) to section (3): (c) Except otherwise expressly provided, a political subdivision may not withhold issuance of a business tax receipt, development permit, or other use approval to a drone delivery service or enact or enforce an ordinance or resolution that prohibits a drone delivery service’s operation based on the location of its drone
port, notwithstanding part II of chapter 163 and chapter 205. A political subdivision may enforce
Page 37
Book Code: CAMFL1524
EliteLearning.com/CAM/Florida
Powered by FlippingBook