Governor DeSantis signs permitless carry bill

BY JENNIFER CABRERA

TALLAHASSEE, Fla. – Governor Ron DeSantis signed House Bill (HB) 543 today; the bill, which goes into effect on July 1, 2023, allows some Floridians to carry concealed weapons without a government-issued permit but falls short of a Constitutional Carry bill, which DeSantis said he would sign if passed by the legislature.

The bill authorizes carrying a concealed firearm if an individual:

• is a resident of the U.S. and a citizen or permanent resident alien of the U.S.;
• is 21 years of age or older;
• does not suffer from a physical infirmity that prevents the safe handling of a firearm;
• has not been convicted of a felony;
• has not been found guilty of certain crimes relating to controlled substances within the preceding three years;
• does not chronically use alcohol or drugs to the extent that normal faculties are impaired (this includes provisions about convictions for substance abuse within the preceding three years);
• has not been adjudicated an incapacitated person;
• has not been committed to a mental institution;
• has not had adjudication of guilt withheld or a suspended sentence on any felony in the preceding three years;
• has not had adjudication of guilt withheld or a suspended sentence on any misdemeanor crime of domestic violence within the preceding three years;
• is not under an injunction for domestic violence or acts of repeat violence;
• is not prohibited from purchasing or possessing a firearm under any other provision of Florida law;
• has not been found guilty of or had adjudication of guilt withheld for a violent misdemeanor crime of violence.

In addition, anyone carrying a concealed weapon or firearm must carry valid identification and must display it upon demand by a law enforcement officer. Firearms are still prohibited in a long list of locations, including most government buildings, educational institutions, and bars.

An individual who carries a concealed weapon other than a firearm who does not meet the above criteria commits a misdemeanor of the first degree; an individual who carries a concealed firearm and does not meet the criteria commits a felony of the third degree.

New provisions for firearms inside vehicles

The statute also provides that people 18 years of age or older may possess a handgun or weapon inside a private vehicle if it is securely encased or otherwise not readily accessible for immediate use; the handgun may not be carried on the person’s body. That section adds this provision: “This subsection shall be liberally construed in favor of the lawful use, ownership, and possession of firearms and other weapons, including lawful self-defense.”

Additional provisions for schools and law enforcement agencies

The bill also extends the school guardian program to private schools, including contracting with a sheriff to train school employees for a school guardian program. It requires every law enforcement agency to create and maintain an active assailant response policy by October 1, 2023, and train all of its sworn personnel on the policy within 180 days.

The bill adds a new requirement that the Office of Safe Schools in the Florida Department of Education develop a statewide behavioral threat management operational process, a Florida-specific threat assessment instrument, and a threat management portal, to be used by all school districts and charter schools. Each school district and charter school must also establish a threat management team using the statewide behavioral threat management operational process.

The bill authorizes the State Board of Education to adopt emergency rules regarding the reporting of serious crimes by school districts, beginning in the 2023-24 school year. The bill states, “The Legislature finds that school district discretion over reporting criminal incidents to law enforcement has resulted in significant under-reporting of serious crimes.”

Another provision creates the Florida Safe Schools Canine Program to encourage the use of firearm detection K-9s in schools. The program “seeks to foster relationships between schools, local businesses, and law enforcement, promoting trust and confidence in the ability of law enforcement to keep schools and communities safe.” The program encourages K-12 schools to partner with law enforcement to raise funds in the local community for donations to purchase, train, or care for a firearm detection K-9.

Criticisms of the bill

The bill has been criticized by conservatives who support true Constitutional Carry, including open carry; every state except Florida, Illinois, and New York has some form of open carry. Luis Valdes, Gun Owners of America’s State Director for Florida, said, “This has been a long, hard-fought battle, and we are excited to get a victory over the finish line. Still however, senior GOP lawmakers have rebuffed our demands at every turn to enact open carry, which leaves Florida in very liberal company. GOA will continue our efforts to pressure state lawmakers to step up to the plate, build off this victory, and enact open carry. Keeping a policy on the books that was enacted at the behest of Janet Reno, which leaves us in the company of Illinois and New York, is something that every freedom lover should get behind.”