Florida Senate - 2021 SB By Senator Rodrigues 27-01690-21 20211882__ CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled

An act relating to issuance of licenses to carry concealed weapons or firearms; amending s. 790.06, 3 F.S.; requiring the Department of Agriculture and Consumer Services to continually maintain an online application process for the issuance of licenses; 6 prohibiting the department from arbitrarily or subjectively restricting access to the online application process; providing for an award of reasonable costs and attorney fees in successful actions against the department to enforce specified provisions; providing an effective date. 12

Be It Enacted by the Legislature of the State of Florida: 14

Section 1. Subsection (15) of

section 790.06, Florida Statutes, is amended to read: 17 790.06 License to carry concealed weapon or firearm.— 18 (15)(

a) 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. 26

(

b) The Department of Agriculture and Consumer Services shall implement and administer the provisions of this section. 28 The Department of Agriculture and Consumer Services must Florida Senate - 2021 SB 1882 27-01690-21 20211882__ CODING: Words stricken are deletions; words underlined are additions. continually maintain an online application process for the issuance of licenses provided for in this

section and may not arbitrarily or subjectively restrict access to the online application process. 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. 36 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. 42

(

c) In a civil action to enforce any provision of this subsection, upon a finding of a violation by the Department of Agriculture and Consumer Services, the court shall award the prevailing party reasonable attorney fees and costs in addition to any other relief. 47

(

d) 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. 52

Section 2. This act shall take effect July 1, 2021. 53