Florida Senate - 2021                                    SB 1882
       
       
        
       By Senator Rodrigues
       
       
       
       
       
       27-01690-21                                           20211882__
    1                        A bill to be entitled                      
    2         An act relating to issuance of licenses to carry
    3         concealed weapons or firearms; amending s. 790.06,
    4         F.S.; requiring the Department of Agriculture and
    5         Consumer Services to continually maintain an online
    6         application process for the issuance of licenses;
    7         prohibiting the department from arbitrarily or
    8         subjectively restricting access to the online
    9         application process; providing for an award of
   10         reasonable costs and attorney fees in successful
   11         actions against the department to enforce specified
   12         provisions; providing an effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Subsection (15) of section 790.06, Florida
   17  Statutes, is amended to read:
   18         790.06 License to carry concealed weapon or firearm.—
   19         (15)(a) The Legislature finds as a matter of public policy
   20  and fact that it is necessary to provide statewide uniform
   21  standards for issuing licenses to carry concealed weapons and
   22  firearms for self-defense and finds it necessary to occupy the
   23  field of regulation of the bearing of concealed weapons or
   24  firearms for self-defense to ensure that no honest, law-abiding
   25  person who qualifies under the provisions of this section is
   26  subjectively or arbitrarily denied his or her rights.
   27         (b) The Department of Agriculture and Consumer Services
   28  shall implement and administer the provisions of this section.
   29  The Department of Agriculture and Consumer Services must
   30  continually maintain an online application process for the
   31  issuance of licenses provided for in this section and may not
   32  arbitrarily or subjectively restrict access to the online
   33  application process. The Legislature does not delegate to the
   34  Department of Agriculture and Consumer Services the authority to
   35  regulate or restrict the issuing of licenses provided for in
   36  this section, beyond those provisions contained in this section.
   37  Subjective or arbitrary actions or rules which encumber the
   38  issuing process by placing burdens on the applicant beyond those
   39  sworn statements and specified documents detailed in this
   40  section or which create restrictions beyond those specified in
   41  this section are in conflict with the intent of this section and
   42  are prohibited.
   43         (c) In a civil action to enforce any provision of this
   44  subsection, upon a finding of a violation by the Department of
   45  Agriculture and Consumer Services, the court shall award the
   46  prevailing party reasonable attorney fees and costs in addition
   47  to any other relief.
   48         (d) This section shall be liberally construed to carry out
   49  the constitutional right to bear arms for self-defense. This
   50  section is supplemental and additional to existing rights to
   51  bear arms, and nothing in this section shall impair or diminish
   52  such rights.
   53         Section 2. This act shall take effect July 1, 2021.