Florida Senate - 2022 SB 438
By Senator Burgess
20-00038-22 2022438__
1 A bill to be entitled
2 An act relating to the United States Space Force;
3 amending ss. 61.703 and 97.021, F.S.; revising the
4 definition of the term “uniformed services” to include
5 the United States Space Force; amending s. 115.01,
6 F.S.; revising the military service branches for which
7 any county or state official who is called to active
8 service may receive a leave of absence; amending s.
9 163.3175, F.S.; updating military base names; amending
10 s. 210.04, F.S.; adding post exchanges operated by the
11 United States Space Force to the those that are exempt
12 from paying tax on cigarettes sold; amending s.
13 250.01, F.S.; revising the definition of the term
14 “armed forces” to include the United States Space
15 Force; amending s. 250.43, F.S.; revising the armed
16 forces uniforms that are protected from imitation to
17 include uniforms of the United States Space Force;
18 amending s. 295.061, F.S.; revising the definition of
19 the term “United States Armed Forces” to include the
20 United States Space Force; amending s. 296.02, F.S.;
21 revising the definition of the term “peacetime
22 service” to include service in the United States Space
23 Force; amending s. 540.08, F.S.; revising the
24 definition of the term “member of the armed forces” to
25 include members of the United States Space Force;
26 amending s. 695.031, F.S.; including members of the
27 United States Space Force as servicemembers who may
28 acknowledge certain instruments; amending s. 718.113,
29 F.S.; including the official flag that represents the
30 United States Space Force as a flag that may be
31 displayed by a condominium owner; amending s. 720.304,
32 F.S.; including the official flag that represents the
33 United States Space Force as a flag that may be
34 displayed by a homeowner; amending s. 790.25, F.S.;
35 authorizing members of the United States Space Force
36 to own, possess, and lawfully use firearms and other
37 weapons, ammunition, and supplies when on duty, when
38 training or preparing themselves for military duty, or
39 while subject to recall or mobilization; reenacting
40 ss. 373.324(7), 409.1664(1)(c), 520.14(1),
41 627.7283(5), 689.27(1)(d), 790.015(5), 790.06(4)(f)
42 and (11)(b), 790.062(1), 790.065(13), 790.0655(2)(d),
43 and 948.21(1), (2), and (3), F.S., which reference the
44 definition of the term “servicemember,” to incorporate
45 the amendment made to s. 250.01, F.S., in references
46 thereto; providing an effective date.
47
48 Be It Enacted by the Legislature of the State of Florida:
49
50 Section 1. Paragraph (a) of subsection (20) of section
51 61.703, Florida Statutes, is amended to read:
52 61.703 Definitions.—As used in this part:
53 (20) “Uniformed service” means any of the following:
54 (a) Active and reserve components of the Army, Navy, Air
55 Force, Marine Corps, Space Force, or Coast Guard of the United
56 States.
57 Section 2. Subsection (42) of section 97.021, Florida
58 Statutes, is amended to read:
59 97.021 Definitions.—For the purposes of this code, except
60 where the context clearly indicates otherwise, the term:
61 (42) “Uniformed services” means the Army, Navy, Air Force,
62 Marine Corps, Space Force, and Coast Guard, the commissioned
63 corps of the Public Health Service, and the commissioned corps
64 of the National Oceanic and Atmospheric Administration.
65 Section 3. Section 115.01, Florida Statutes, is amended to
66 read:
67 115.01 Leave of absence for military service.—Any county or
68 state official of the state, subject to the provisions and
69 conditions hereinafter set forth, may be granted leave of
70 absence from his or her office, to serve in the volunteer forces
71 of the United States, or in the National Guard of any state, or
72 in the regular Army, or Navy, Air Force, Marine Corps, or Space
73 Force of the United States, when the same shall be called into
74 active service of the United States during war between the
75 United States and a foreign government.
76 Section 4. Paragraph (n) of subsection (2) of section
77 163.3175, Florida Statutes, is amended to read:
78 163.3175 Legislative findings on compatibility of
79 development with military installations; exchange of information
80 between local governments and military installations.—
81 (2) Certain major military installations, due to their
82 mission and activities, have a greater potential for
83 experiencing compatibility and coordination issues than others.
84 Consequently, this section and the provisions in s.
85 163.3177(6)(a), relating to compatibility of land development
86 with military installations, apply to specific affected local
87 governments in proximity to and in association with specific
88 military installations, as follows:
89 (n) Patrick Space Air Force Base and Cape Canaveral Space
90 Air Force Station, associated with Brevard County and Satellite
91 Beach.
92 Section 5. Paragraph (a) of subsection (4) of section
93 210.04, Florida Statutes, is amended to read:
94 210.04 Construction; exemptions; collection.—
95 (4) No tax shall be required to be paid:
96 (a) Upon cigarettes sold at post exchanges, ship service
97 stores, ship stores, slop chests, or base exchanges to members
98 of the Armed Services of the United States when such post
99 exchanges, ship service stores, or base exchanges are operated
100 under regulations of the Army, Navy, or Air Force, or Space
101 Force of the United States on military, naval, or air force
102 reservations in this state or when such ship stores or slop
103 chests are operated under the regulations of the United States
104 Navy on ships of the United States Navy; however, it is unlawful
105 for anyone, including members of the Armed Services of the
106 United States, to purchase such tax-exempt cigarettes for
107 purposes of resale. Any person who resells, or offers for
108 resale, tax-exempt cigarettes purchased at post exchanges, ship
109 service stores, ship stores, slop chests, or base exchanges is
110 guilty of a violation of the cigarette tax law, punishable as
111 provided in s. 210.18(1).
112 Section 6. Subsection (4) of section 250.01, Florida
113 Statutes, is amended to read:
114 250.01 Definitions.—As used in this chapter, the term:
115 (4) “Armed forces” means the United States Army, Navy, Air
116 Force, Marine Corps, Space Force, and Coast Guard.
117 Section 7. Subsection (2) of section 250.43, Florida
118 Statutes, is amended to read:
119 250.43 Wearing of uniform and insignia of rank; penalty.—
120 (2) Every person other than an officer or enlisted person
121 of the Florida National Guard, naval militia, or marine corps of
122 this state, any other state, Puerto Rico, or the District of
123 Columbia, or of the United States Army, Navy, Marine Corps, or
124 Air Force, or Space Force, who wears the uniform of the United
125 States Army, Navy, Marine Corps, Air Force, Space Force,
126 National Guard, Naval Militia, or Marine Corps or any part of
127 such uniform, or a uniform or part of uniform similar thereto,
128 or in imitation thereof, within the bounds of the state, except
129 in cases where the wearing of such uniform is permitted by the
130 laws of the United States and the regulations of the Secretary
131 of Defense, commits a misdemeanor of the first degree,
132 punishable as provided in s. 775.082 or s. 775.083. This section
133 does not prohibit persons in the theatrical profession from
134 wearing such uniforms while actually engaged in such profession,
135 in any playhouse or theater, in a production in no way
136 reflecting upon such uniform; does not prohibit the uniform rank
137 of civic societies parading or traveling in a body or assembling
138 in a lodge room; and does not apply to cadets of any military
139 school or to Boy Scouts or Girl Scouts.
140 Section 8. Paragraph (b) of subsection (1) of section
141 295.061, Florida Statutes, is amended to read:
142 295.061 Active duty servicemembers; death benefits.—
143 (1) As used in this section, the term:
144 (b) “United States Armed Forces” means the United States
145 Army, Navy, Air Force, Marine Corps, Space Force, and Coast
146 Guard.
147 Section 9. Subsection (7) of section 296.02, Florida
148 Statutes, is amended to read:
149 296.02 Definitions.—For the purposes of this part, except
150 where the context clearly indicates otherwise:
151 (7) “Peacetime service” means Army, Navy, Marines, Coast
152 Guard, or Air Force, or Space Force service that is not during a
153 wartime era as defined in s. 1.01(14).
154 Section 10. Subsection (3) of section 540.08, Florida
155 Statutes, is amended to read:
156 540.08 Unauthorized publication of name or likeness.—
157 (3) If a person uses the name, portrait, photograph, or
158 other likeness of a member of the armed forces without obtaining
159 the consent required in subsection (1) and such use is not
160 subject to any exception listed in this section, a court may
161 impose a civil penalty of up to $1,000 per violation in addition
162 to the civil remedies contained in subsection (2). Each
163 commercial transaction constitutes a violation under this
164 section. As used in this section, the term “member of the armed
165 forces” means an officer or enlisted member of the Army, Navy,
166 Air Force, Marine Corps, Space Force, or Coast Guard of the
167 United States, the Florida National Guard, and the United States
168 Reserve Forces, including any officer or enlisted member who
169 died as a result of injuries sustained in the line of duty.
170 Section 11. Subsection (1) of section 695.031, Florida
171 Statutes, is amended to read:
172 695.031 Affidavits and acknowledgments by members of armed
173 forces and their spouses.—
174 (1) In addition to the manner, form and proof of
175 acknowledgment of instruments as now provided by law, any person
176 serving in or with the Armed Forces of the United States,
177 including the Army, Navy, Marine Corps, Space Force, Coast
178 Guard, or any component or any arm or service of any thereof,
179 including any female auxiliary of any thereof, and any person
180 whose duties require his or her presence with the Armed Forces
181 of the United States, as herein designated, or otherwise
182 designated by law or military or naval command, may acknowledge
183 any instrument, wherever located, either within or without the
184 state, or without the United States, before any commissioned
185 officer in active service of the Armed Forces of the United
186 States, as herein designated, or otherwise designated by law, or
187 military or naval command, or order, with the rank of second
188 lieutenant or higher in the Army or Marine Corps, or of any
189 component or any arm or service of either thereof, including any
190 female auxiliary of any thereof, or ensign or higher in the Navy
191 or United States Coast Guard, or of any component or any arm or
192 service of either thereof, including any female auxiliary of any
193 thereof.
194 Section 12. Subsection (4) of section 718.113, Florida
195 Statutes, is amended to read:
196 718.113 Maintenance; limitation upon improvement; display
197 of flag; hurricane shutters and protection; display of religious
198 decorations.—
199 (4) Any unit owner may display one portable, removable
200 United States flag in a respectful way and, on Armed Forces Day,
201 Memorial Day, Flag Day, Independence Day, and Veterans Day, may
202 display in a respectful way portable, removable official flags,
203 not larger than 4 1/2 feet by 6 feet, that represent the United
204 States Army, Navy, Air Force, Marine Corps, Space Force, or
205 Coast Guard, regardless of any declaration rules or requirements
206 dealing with flags or decorations.
207 Section 13. Paragraph (a) of subsection (2) of section
208 720.304, Florida Statutes, is amended to read:
209 720.304 Right of owners to peaceably assemble; display of
210 flag; SLAPP suits prohibited.—
211 (2)(a) Any homeowner may display one portable, removable
212 United States flag or official flag of the State of Florida in a
213 respectful manner, and one portable, removable official flag, in
214 a respectful manner, not larger than 4 1/2 feet by 6 feet, which
215 represents the United States Army, Navy, Air Force, Marine
216 Corps, Space Force, or Coast Guard, or a POW-MIA flag,
217 regardless of any covenants, restrictions, bylaws, rules, or
218 requirements of the association.
219 Section 14. Subsection (3) of section 790.25, Florida
220 Statutes, is amended to read:
221 790.25 Lawful ownership, possession, and use of firearms
222 and other weapons.—
223 (3) LAWFUL USES.—The provisions of ss. 790.053 and 790.06
224 do not apply in the following instances, and, despite such
225 sections, it is lawful for the following persons to own,
226 possess, and lawfully use firearms and other weapons,
227 ammunition, and supplies for lawful purposes:
228 (a) Members of the Militia, National Guard, Florida State
229 Defense Force, Army, Navy, Air Force, Marine Corps, Space Force,
230 Coast Guard, organized reserves, and other armed forces of the
231 state and of the United States, when on duty, when training or
232 preparing themselves for military duty, or while subject to
233 recall or mobilization;
234 (b) Citizens of this state subject to duty in the Armed
235 Forces under s. 2, Art. X of the State Constitution, under
236 chapters 250 and 251, and under federal laws, when on duty or
237 when training or preparing themselves for military duty;
238 (c) Persons carrying out or training for emergency
239 management duties under chapter 252;
240 (d) Sheriffs, marshals, prison or jail wardens, police
241 officers, Florida highway patrol officers, game wardens, revenue
242 officers, forest officials, special officers appointed under the
243 provisions of chapter 354, and other peace and law enforcement
244 officers and their deputies and assistants and full-time paid
245 peace officers of other states and of the Federal Government who
246 are carrying out official duties while in this state;
247 (e) Officers or employees of the state or United States
248 duly authorized to carry a concealed weapon;
249 (f) Guards or messengers of common carriers, express
250 companies, armored car carriers, mail carriers, banks, and other
251 financial institutions, while actually employed in and about the
252 shipment, transportation, or delivery of any money, treasure,
253 bullion, bonds, or other thing of value within this state;
254 (g) Regularly enrolled members of any organization duly
255 authorized to purchase or receive weapons from the United States
256 or from this state, or regularly enrolled members of clubs
257 organized for target, skeet, or trap shooting, while at or going
258 to or from shooting practice; or regularly enrolled members of
259 clubs organized for modern or antique firearms collecting, while
260 such members are at or going to or from their collectors’ gun
261 shows, conventions, or exhibits;
262 (h) A person engaged in fishing, camping, or lawful hunting
263 or going to or returning from a fishing, camping, or lawful
264 hunting expedition;
265 (i) A person engaged in the business of manufacturing,
266 repairing, or dealing in firearms, or the agent or
267 representative of any such person while engaged in the lawful
268 course of such business;
269 (j) A person firing weapons for testing or target practice
270 under safe conditions and in a safe place not prohibited by law
271 or going to or from such place;
272 (k) A person firing weapons in a safe and secure indoor
273 range for testing and target practice;
274 (l) A person traveling by private conveyance when the
275 weapon is securely encased or in a public conveyance when the
276 weapon is securely encased and not in the person’s manual
277 possession;
278 (m) A person while carrying a pistol unloaded and in a
279 secure wrapper, concealed or otherwise, from the place of
280 purchase to his or her home or place of business or to a place
281 of repair or back to his or her home or place of business;
282 (n) A person possessing arms at his or her home or place of
283 business;
284 (o) Investigators employed by the several public defenders
285 of the state, while actually carrying out official duties,
286 provided such investigators:
287 1. Are employed full time;
288 2. Meet the official training standards for firearms
289 established by the Criminal Justice Standards and Training
290 Commission as provided in s. 943.12(5) and the requirements of
291 ss. 493.6108(1)(a) and 943.13(1)-(4); and
292 3. Are individually designated by an affidavit of consent
293 signed by the employing public defender and filed with the clerk
294 of the circuit court in the county in which the employing public
295 defender resides.
296 (p) Investigators employed by the capital collateral
297 regional counsel, while actually carrying out official duties,
298 provided such investigators:
299 1. Are employed full time;
300 2. Meet the official training standards for firearms as
301 established by the Criminal Justice Standards and Training
302 Commission as provided in s. 943.12(1) and the requirements of
303 ss. 493.6108(1)(a) and 943.13(1)-(4); and
304 3. Are individually designated by an affidavit of consent
305 signed by the capital collateral regional counsel and filed with
306 the clerk of the circuit court in the county in which the
307 investigator is headquartered.
308 (q)1. A tactical medical professional who is actively
309 operating in direct support of a tactical operation by a law
310 enforcement agency provided that:
311 a. The tactical medical professional is lawfully able to
312 possess firearms and has an active concealed weapons permit
313 issued pursuant to s. 790.06.
314 b. The tactical medical professional is appointed to a law
315 enforcement tactical team of a law enforcement agency by the
316 head of the law enforcement agency.
317 c. The law enforcement agency has an established policy
318 providing for the appointment, training, and deployment of the
319 tactical medical professional.
320 d. The tactical medical professional successfully completes
321 a firearms safety training and tactical training as established
322 or designated by the appointing law enforcement agency.
323 e. The law enforcement agency provides and the tactical
324 medical professional participates in annual firearm training and
325 tactical training.
326 2. While actively operating in direct support of a tactical
327 operation by a law enforcement agency, a tactical medical
328 professional:
329 a. May carry a firearm in the same manner as a law
330 enforcement officer, as defined in s. 943.10 and,
331 notwithstanding any other law, at any place a tactical law
332 enforcement operation occurs.
333 b. Has no duty to retreat and is justified in the use of
334 any force which he or she reasonably believes is necessary to
335 defend himself or herself or another from bodily harm.
336 c. Has the same immunities and privileges as a law
337 enforcement officer, as defined in s. 943.10, in a civil or
338 criminal action arising out of a tactical law enforcement
339 operation when acting within the scope of his or her official
340 duties.
341 3. This paragraph may not be construed to authorize a
342 tactical medical professional to carry, transport, or store any
343 firearm or ammunition on any fire apparatus or EMS vehicle.
344 4. The appointing law enforcement agency shall issue any
345 firearm or ammunition that the tactical medical professional
346 carries in accordance with this paragraph.
347 5. For the purposes of this paragraph, the term “tactical
348 medical professional” means a paramedic, as defined in s.
349 401.23, a physician, as defined in s. 458.305, or an osteopathic
350 physician, as defined in s. 459.003, who is appointed to provide
351 direct support to a tactical law enforcement unit by providing
352 medical services at high-risk incidents, including, but not
353 limited to, hostage incidents, narcotics raids, hazardous
354 surveillance, sniper incidents, armed suicidal persons,
355 barricaded suspects, high-risk felony warrant service, fugitives
356 refusing to surrender, and active shooter incidents.
357 Section 15. For the purpose of incorporating the amendment
358 made by this act to section 250.01, Florida Statutes, in a
359 reference thereto, subsection (7) of section 373.324, Florida
360 Statutes, is reenacted to read:
361 373.324 License renewal.—
362 (7) Notwithstanding the renewal requirements in subsection
363 (3) and s. 250.4815 for members of the Florida National Guard
364 and the United States Armed Forces Reserves, any active water
365 well contractor license issued under this part to a
366 servicemember as defined in s. 250.01 or his or her spouse, both
367 of whom reside in Florida, may not become inactive while the
368 servicemember is serving on military orders which take him or
369 her over 35 miles from his or her residence and shall be
370 considered an active license for up to 180 days after the
371 servicemember returns to his or her Florida residence. If the
372 license renewal requirements are met within the 180-day
373 extension period, the servicemember or his or her spouse may not
374 be charged any additional costs, such as, but not limited to,
375 late fees or delinquency fees, above the normal license fees.
376 This subsection does not waive renewal requirements such as
377 registering, continuing education, and all associated fees. The
378 servicemember must present to the water management district
379 issuing the license a copy of his or her official military
380 orders or a written verification from the member’s commanding
381 officer before the end of the 180-day period in order to qualify
382 for the extension.
383 Section 16. For the purpose of incorporating the amendment
384 made by this act to section 250.01, Florida Statutes, in a
385 reference thereto, paragraph (c) of subsection (1) of section
386 409.1664, Florida Statutes, is reenacted to read:
387 409.1664 Adoption benefits for qualifying adoptive
388 employees of state agencies, veterans, and servicemembers.—
389 (1) As used in this section, the term:
390 (c) “Servicemember” has the same meaning as in s.
391 250.01(19).
392 Section 17. For the purpose of incorporating the amendment
393 made by this act to section 250.01, Florida Statutes, in a
394 reference thereto, subsection (1) of section 520.14, Florida
395 Statutes, is reenacted to read:
396 520.14 Termination of retail installment contract for
397 leasing a motor vehicle by a servicemember.—
398 (1) Any servicemember, as defined in s. 250.01, may
399 terminate his or her retail installment contract for leasing a
400 motor vehicle by providing the sales finance company with a
401 written notice of termination, effective on the date specified
402 in the notice, which date shall be at least 30 days after the
403 receipt of the notice by the sales finance company, if any of
404 the following criteria are met:
405 (a) The servicemember is required, pursuant to a permanent
406 change of station, to move outside the continental United
407 States; or
408 (b) The servicemember receives temporary duty orders,
409 temporary change of station orders, or active duty orders
410 outside the continental United States, provided such orders are
411 for a period exceeding 60 days.
412 Section 18. For the purpose of incorporating the amendment
413 made by this act to section 250.01, Florida Statutes, in a
414 reference thereto, subsection (5) of section 627.7283, Florida
415 Statutes, is reenacted to read:
416 627.7283 Cancellation; return of unearned premium.—
417 (5) The insurer must refund 100 percent of the unearned
418 premium if the insured is a servicemember, as defined in s.
419 250.01, who cancels because he or she is called to active duty
420 or transferred by the United States Armed Forces to a location
421 where the insurance is not required. The insurer may require a
422 servicemember to submit either a copy of the official military
423 orders or a written verification signed by the servicemember’s
424 commanding officer to support the refund authorized under this
425 subsection. If the insurer cancels, the insurer must refund 100
426 percent of the unearned premium. Cancellation is without
427 prejudice to any claim originating prior to the effective date
428 of the cancellation. For purposes of this section, unearned
429 premiums must be computed on a pro rata basis.
430 Section 19. For the purpose of incorporating the amendment
431 made by this act to section 250.01, Florida Statutes, in a
432 reference thereto, paragraph (d) of subsection (1) of section
433 689.27, Florida Statutes, is reenacted to read:
434 689.27 Termination by servicemember of agreement to
435 purchase real property.—
436 (1) Notwithstanding any other provisions of law and for the
437 purposes of this section:
438 (d) “Servicemember” shall have the same meaning as provided
439 in s. 250.01.
440 Section 20. For the purpose of incorporating the amendment
441 made by this act to section 250.01, Florida Statutes, in a
442 reference thereto, subsection (5) of section 790.015, Florida
443 Statutes, is reenacted to read:
444 790.015 Nonresidents who are United States citizens and
445 hold a concealed weapons license in another state; reciprocity.—
446 (5) The requirement of paragraph (1)(a) does not apply to a
447 person who:
448 (a) Is a servicemember, as defined in s. 250.01; or
449 (b) Is a veteran of the United States Armed Forces who was
450 discharged under honorable conditions.
451 Section 21. For the purpose of incorporating the amendment
452 made by this act to section 250.01, Florida Statutes, in
453 references thereto, subsection (4) and paragraph (b) of
454 subsection (11) of section 790.06, Florida Statutes, are
455 reenacted to read:
456 790.06 License to carry concealed weapon or firearm.—
457 (4) The application shall be completed, under oath, on a
458 form adopted by the Department of Agriculture and Consumer
459 Services and shall include:
460 (a) The name, address, place of birth, date of birth, and
461 race of the applicant;
462 (b) A statement that the applicant is in compliance with
463 criteria contained within subsections (2) and (3);
464 (c) A statement that the applicant has been furnished a
465 copy of or a website link to this chapter and is knowledgeable
466 of its provisions;
467 (d) A conspicuous warning that the application is executed
468 under oath and that a false answer to any question, or the
469 submission of any false document by the applicant, subjects the
470 applicant to criminal prosecution under s. 837.06;
471 (e) A statement that the applicant desires a concealed
472 weapon or firearms license as a means of lawful self-defense;
473 and
474 (f) Directions for an applicant who is a servicemember, as
475 defined in s. 250.01, or a veteran, as defined in s. 1.01, to
476 request expedited processing of his or her application.
477 (11)
478 (b) A license issued to a servicemember, as defined in s.
479 250.01, is subject to paragraph (a); however, such a license
480 does not expire while the servicemember is serving on military
481 orders that have taken him or her over 35 miles from his or her
482 residence and shall be extended, as provided in this paragraph,
483 for up to 180 days after his or her return to such residence. If
484 the license renewal requirements in paragraph (a) are met within
485 the 180-day extension period, the servicemember may not be
486 charged any additional costs, such as, but not limited to, late
487 fees or delinquency fees, above the normal license fees. The
488 servicemember must present to the Department of Agriculture and
489 Consumer Services a copy of his or her official military orders
490 or a written verification from the member’s commanding officer
491 before the end of the 180-day period in order to qualify for the
492 extension.
493 Section 22. For the purpose of incorporating the amendment
494 made by this act to section 250.01, Florida Statutes, in a
495 reference thereto, subsection (1) of section 790.062, Florida
496 Statutes, is reenacted to read:
497 790.062 Members and veterans of United States Armed Forces;
498 exceptions from licensure provisions.—
499 (1) Notwithstanding s. 790.06(2)(b), the Department of
500 Agriculture and Consumer Services shall issue a license to carry
501 a concealed weapon or firearm under s. 790.06 if the applicant
502 is otherwise qualified and:
503 (a) Is a servicemember, as defined in s. 250.01; or
504 (b) Is a veteran of the United States Armed Forces who was
505 discharged under honorable conditions.
506 Section 23. For the purpose of incorporating the amendment
507 made by this act to section 250.01, Florida Statutes, in a
508 reference thereto, subsection (13) of section 790.065, Florida
509 Statutes, is reenacted to read:
510 790.065 Sale and delivery of firearms.—
511 (13) A person younger than 21 years of age may not purchase
512 a firearm. The sale or transfer of a firearm to a person younger
513 than 21 years of age may not be made or facilitated by a
514 licensed importer, licensed manufacturer, or licensed dealer. A
515 person who violates this subsection commits a felony of the
516 third degree, punishable as provided in s. 775.082, s. 775.083,
517 or s. 775.084. The prohibitions of this subsection do not apply
518 to the purchase of a rifle or shotgun by a law enforcement
519 officer or correctional officer, as those terms are defined in
520 s. 943.10(1), (2), (3), (6), (7), (8), or (9), or a
521 servicemember as defined in s. 250.01.
522 Section 24. For the purpose of incorporating the amendment
523 made by this act to section 250.01, Florida Statutes, in a
524 reference thereto, paragraph (d) of subsection (2) of section
525 790.0655, Florida Statutes, is reenacted to read:
526 790.0655 Purchase and delivery of firearms; mandatory
527 waiting period; exceptions; penalties.—
528 (2) The waiting period does not apply in the following
529 circumstances:
530 (d) When a rifle or shotgun is being purchased by a law
531 enforcement officer or correctional officer, as those terms are
532 defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9), or a
533 servicemember as defined in s. 250.01.
534 Section 25. For the purpose of incorporating the amendment
535 made by this act to section 250.01, Florida Statutes, in
536 references thereto, subsections (1), (2), and (3) of section
537 948.21, Florida Statutes, are reenacted to read:
538 948.21 Condition of probation or community control;
539 military servicemembers and veterans.—
540 (1) Effective for a probationer or community controllee
541 whose crime is committed on or after July 1, 2012, and who is a
542 veteran, as defined in s. 1.01, or servicemember, as defined in
543 s. 250.01, who suffers from a military service-related mental
544 illness, traumatic brain injury, substance abuse disorder, or
545 psychological problem, the court may, in addition to any other
546 conditions imposed, impose a condition requiring the probationer
547 or community controllee to participate in a treatment program
548 capable of treating the probationer’s or community controllee’s
549 mental illness, traumatic brain injury, substance abuse
550 disorder, or psychological problem.
551 (2) Effective for a probationer or community controllee
552 whose crime is committed on or after July 1, 2016, and who is a
553 veteran, as defined in s. 1.01, including a veteran who is
554 discharged or released under a general discharge, or
555 servicemember, as defined in s. 250.01, who suffers from a
556 military service-related mental illness, traumatic brain injury,
557 substance abuse disorder, or psychological problem, the court
558 may, in addition to any other conditions imposed, impose a
559 condition requiring the probationer or community controllee to
560 participate in a treatment program capable of treating the
561 probationer or community controllee’s mental illness, traumatic
562 brain injury, substance abuse disorder, or psychological
563 problem.
564 (3) Effective for a probationer or community controllee
565 whose crime is committed on or after October 1, 2019, and who is
566 a veteran, as defined in s. 1.01; a veteran who is discharged or
567 released under any condition; a servicemember, as defined in s.
568 250.01; an individual who is a current or former United States
569 Department of Defense contractor; or an individual who is a
570 current or former military member of a foreign allied country,
571 who suffers from a military service-related mental illness,
572 traumatic brain injury, substance abuse disorder, or
573 psychological problem, the court may, in addition to any other
574 conditions imposed, impose a condition requiring the probationer
575 or community controllee to participate in a treatment program
576 capable of treating the probationer or community controllee’s
577 mental illness, traumatic brain injury, substance abuse
578 disorder, or psychological problem.
579 Section 26. This act shall take effect July 1, 2022.