Florida Senate - 2022 SB 438 By Senator Burgess 20-00038-22 2022438__ Page 1 of 20 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to the United States Space Force; 2 amending ss. 61.703 and 97.021, F.S.; revising the 3 definition of the term “uniformed services” to include 4 the United States Space Force; amending s. 115.01, 5 F.S.; revising the military service branches for which 6 any county or state official who is called to active 7 service may receive a leave of absence; amending s. 8 163.3175, F.S.; updating military base names; amending 9 s. 210.04, F.S.; adding post exchanges operated by the 10 United States Space Force to the those that are exempt 11 from paying tax on cigarettes sold; amending s. 12 250.01, F.S.; revising the definition of the term 13 “armed forces” to include the United States Space 14 Force; amending s. 250.43, F.S.; revising the armed 15 forces uniforms that are protected from imitation to 16 include uniforms of the United States Space Force; 17 amending s. 295.061, F.S.; revising the definition of 18 the term “United States Armed Forces” to include the 19 United States Space Force; amending s. 296.02, F.S.; 20 revising the definition of the term “peacetime 21 service” to include service in the United States Space 22 Force; amending s. 540.08, F.S.; revising the 23 definition of the term “member of the armed forces” to 24 include members of the United States Space Force; 25 amending s. 695.031, F.S.; including members of the 26 United States Space Force as servicemembers who may 27 acknowledge certain instruments; amending s. 718.113, 28 F.S.; including the official flag that represents the 29

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United States Space Force as a flag that may be 30 displayed by a condominium owner; amending s. 720.304, 31 F.S.; including the official flag that represents the 32 United States Space Force as a flag that may be 33 displayed by a homeowner; amending s. 790.25, F.S.; 34 authorizing members of the United States Space Force 35 to own, possess, and lawfully use firearms and other 36 weapons, ammunition, and supplies when on duty, when 37 training or preparing themselves for military duty, or 38 while subject to recall or mobilization; reenacting 39 ss. 373.324(7), 409.1664(1)(c), 520.14(1), 40 627.7283(5), 689.27(1)(d), 790.015(5), 790.06(4)(f) 41 and (11)(b), 790.062(1), 790.065(13), 790.0655(2)(d), 42 and 948.21(1), (2), and (3), F.S., which reference the 43 definition of the term “servicemember,” to incorporate 44 the amendment made to s. 250.01, F.S., in references 45 thereto; providing an effective date. 46 47 Be It Enacted by the Legislature of the State of Florida: 48 49

Section 1. Paragraph (

a) of subsection (20) of

section 50 61.703, Florida Statutes, is amended to read: 51 61.703

Definitions.—As used in this part: 52 (20) “Uniformed service” means any of the following: 53 (

a) Active and reserve components of the Army, Navy, Air 54 Force, Marine Corps, Space Force, or Coast Guard of the United 55 States. 56

Section 2. Subsection (42) of

section 97.021, Florida 57 Statutes, is amended to read: 58

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Definitions.—For the purposes of this code, except 59 where the context clearly indicates otherwise, the term: 60 (42) “Uniformed services” means the Army, Navy, Air Force, 61 Marine Corps, Space Force, and Coast Guard, the commissioned 62 corps of the Public Health Service, and the commissioned corps 63 of the National Oceanic and Atmospheric Administration. 64

Section

Section 115.01, Florida Statutes, is amended to 65 read: 66 115.01 Leave of absence for military service.—Any county or 67 state official of the state, subject to the provisions and 68 conditions hereinafter set forth, may be granted leave of 69 absence from his or her office, to serve in the volunteer forces 70 of the United States, or in the National Guard of any state, or 71 in the regular Army, or Navy, Air Force, Marine Corps, or Space 72 Force of the United States, when the same shall be called into 73 active service of the United States during war between the 74 United States and a foreign government. 75

Section 4. Paragraph (

n) of subsection (2) of

section 76 163.3175, Florida Statutes, is amended to read: 77 163.3175 Legislative findings on compatibility of 78 development with military installations; exchange of information 79 between local governments and military installations.— 80

(2) Certain major military installations, due to their 81 mission and activities, have a greater potential for 82 experiencing compatibility and coordination issues than others. 83 Consequently, this

section and the provisions in s. 84 163.3177(6)(a), relating to compatibility of land development 85 with military installations, apply to specific affected local 86 governments in proximity to and in association with specific 87

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n) Patrick Space Air Force Base and Cape Canaveral Space 89 Air Force Station, associated with Brevard County and Satellite 90 Beach. 91

Section 5. Paragraph (

a) of subsection (4) of

section 92 210.04, Florida Statutes, is amended to read: 93 210.04 Construction; exemptions; collection.— 94

(4) No tax shall be required to be paid: 95 (

a) Upon cigarettes sold at post exchanges, ship service 96 stores, ship stores, slop chests, or base exchanges to members 97 of the Armed Services of the United States when such post 98 exchanges, ship service stores, or base exchanges are operated 99 under regulations of the Army, Navy, or Air Force, or Space 100 Force of the United States on military, naval, or air force 101 reservations in this state or when such ship stores or slop 102 chests are operated under the regulations of the United States 103 Navy on ships of the United States Navy; however, it is unlawful 104 for anyone, including members of the Armed Services of the 105 United States, to purchase such tax-exempt cigarettes for 106 purposes of resale.

Any person who resells, or offers for 107 resale, tax-exempt cigarettes purchased at post exchanges, ship 108 service stores, ship stores, slop chests, or base exchanges is 109 guilty of a violation of the cigarette tax law, punishable as 110 provided in s. 210.18(1). 111

Section 6. Subsection (4) of

section 250.01, Florida 112 Statutes, is amended to read: 113 250.01

Definitions.—As used in this chapter, the term: 114 (4) “Armed forces” means the United States Army, Navy, Air 115 Force, Marine Corps, Space Force, and Coast Guard. 116

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Section 7. Subsection (2) of

section 250.43, Florida 117 Statutes, is amended to read: 118 250.43 Wearing of uniform and insignia of rank; penalty.— 119

(2) Every person other than an officer or enlisted person 120 of the Florida National Guard, naval militia, or marine corps of 121 this state, any other state, Puerto Rico, or the District of 122 Columbia, or of the United States Army, Navy, Marine Corps, or 123 Air Force, or Space Force, who wears the uniform of the United 124 States Army, Navy, Marine Corps, Air Force, Space Force, 125 National Guard, Naval Militia, or Marine Corps or any part of 126 such uniform, or a uniform or part of uniform similar thereto, 127 or in imitation thereof, within the bounds of the state, except 128 in cases where the wearing of such uniform is permitted by the 129 laws of the United States and the regulations of the Secretary 130 of Defense, commits a misdemeanor of the first degree, 131 punishable as provided in s. 775.082 or s. 775.083.

This

section 132 does not prohibit persons in the theatrical profession from 133 wearing such uniforms while actually engaged in such profession, 134 in any playhouse or theater, in a production in no way 135 reflecting upon such uniform; does not prohibit the uniform rank 136 of civic societies parading or traveling in a body or assembling 137 in a lodge room; and does not apply to cadets of any military 138 school or to Boy Scouts or Girl Scouts. 139

Section 8. Paragraph (

b) of subsection (1) of

section 140 295.061, Florida Statutes, is amended to read: 141 295.061 Active duty servicemembers; death benefits.— 142

(1) As used in this section, the term: 143 (b) “United States Armed Forces” means the United States 144 Army, Navy, Air Force, Marine Corps, Space Force, and Coast 145

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Section 9. Subsection (7) of

section 296.02, Florida 147 Statutes, is amended to read: 148 296.02

Definitions.—For the purposes of this part, except 149 where the context clearly indicates otherwise: 150 (7) “Peacetime service” means Army, Navy, Marines, Coast 151 Guard, or Air Force, or Space Force service that is not during a 152 wartime era as defined in s. 1.01(14). 153

Section 10. Subsection (3) of

section 540.08, Florida 154 Statutes, is amended to read: 155 540.08 Unauthorized publication of name or likeness.— 156

(3) If a person uses the name, portrait, photograph, or 157 other likeness of a member of the armed forces without obtaining 158 the consent required in subsection (1) and such use is not 159 subject to any exception listed in this section, a court may 160 impose a civil penalty of up to $1,000 per violation in addition 161 to the civil remedies contained in subsection (2). Each 162 commercial transaction constitutes a violation under this 163 section.

As used in this section, the term “member of the armed 164 forces” means an officer or enlisted member of the Army, Navy, 165 Air Force, Marine Corps, Space Force, or Coast Guard of the 166 United States, the Florida National Guard, and the United States 167 Reserve Forces, including any officer or enlisted member who 168 died as a result of injuries sustained in the line of duty. 169

Section 11. Subsection (1) of

section 695.031, Florida 170 Statutes, is amended to read: 171 695.031 Affidavits and acknowledgments by members of armed 172 forces and their spouses.— 173

(1) In addition to the manner, form and proof of 174

Florida Senate - 2022 SB 438 20-00038-22 2022438__ Page 7 of 20 CODING: Words stricken are deletions; words underlined are additions. acknowledgment of instruments as now provided by law, any person 175 serving in or with the Armed Forces of the United States, 176 including the Army, Navy, Marine Corps, Space Force, Coast 177 Guard, or any component or any arm or service of any thereof, 178 including any female auxiliary of any thereof, and any person 179 whose duties require his or her presence with the Armed Forces 180 of the United States, as herein designated, or otherwise 181 designated by law or military or naval command, may acknowledge 182 any instrument, wherever located, either within or without the 183 state, or without the United States, before any commissioned 184 officer in active service of the Armed Forces of the United 185 States, as herein designated, or otherwise designated by law, or 186 military or naval command, or order, with the rank of second 187 lieutenant or higher in the Army or Marine Corps, or of any 188 component or any arm or service of either thereof, including any 189 female auxiliary of any thereof, or ensign or higher in the Navy 190 or United States Coast Guard, or of any component or any arm or 191 service of either thereof, including any female auxiliary of any 192 thereof. 193

Section 12. Subsection (4) of

section 718.113, Florida 194 Statutes, is amended to read: 195 718.113 Maintenance; limitation upon improvement; display 196 of flag; hurricane shutters and protection; display of religious 197 decorations.— 198

(4) Any unit owner may display one portable, removable 199 United States flag in a respectful way and, on Armed Forces Day, 200 Memorial Day, Flag Day, Independence Day, and Veterans Day, may 201 display in a respectful way portable, removable official flags, 202 not larger than 4 1/2 feet by 6 feet, that represent the United 203

Florida Senate - 2022 SB 438 20-00038-22 2022438__ Page 8 of 20 CODING: Words stricken are deletions; words underlined are additions. States Army, Navy, Air Force, Marine Corps, Space Force, or 204 Coast Guard, regardless of any declaration rules or requirements 205 dealing with flags or decorations. 206

Section 13. Paragraph (

a) of subsection (2) of

section 207 720.304, Florida Statutes, is amended to read: 208 720.304 Right of owners to peaceably assemble; display of 209 flag; SLAPP suits prohibited.— 210 (2)(

a) Any homeowner may display one portable, removable 211 United States flag or official flag of the State of Florida in a 212 respectful manner, and one portable, removable official flag, in 213 a respectful manner, not larger than 4 1/2 feet by 6 feet, which 214 represents the United States Army, Navy, Air Force, Marine 215 Corps, Space Force, or Coast Guard, or a POW-MIA flag, 216 regardless of any covenants, restrictions, bylaws, rules, or 217 requirements of the association. 218

Section 14. Subsection (3) of

section 790.25, Florida 219 Statutes, is amended to read: 220 790.25 Lawful ownership, possession, and use of firearms 221 and other weapons.— 222

(3) LAWFUL USES.—The provisions of ss. 790.053 and 790.06 223 do not apply in the following instances, and, despite such 224 sections, it is lawful for the following persons to own, 225 possess, and lawfully use firearms and other weapons, 226 ammunition, and supplies for lawful purposes: 227 (

a) Members of the Militia, National Guard, Florida State 228 Defense Force, Army, Navy, Air Force, Marine Corps, Space Force, 229 Coast Guard, organized reserves, and other armed forces of the 230 state and of the United States, when on duty, when training or 231 preparing themselves for military duty, or while subject to 232

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b) Citizens of this state subject to duty in the Armed 234 Forces under s. 2, Art. X of the State Constitution, under 235 chapters 250 and 251, and under federal laws, when on duty or 236 when training or preparing themselves for military duty; 237 (

c) Persons carrying out or training for emergency 238 management duties under

chapter 252; 239 (

d) Sheriffs, marshals, prison or jail wardens, police 240 officers, Florida highway patrol officers, game wardens, revenue 241 officers, forest officials, special officers appointed under the 242 provisions of

chapter 354, and other peace and law enforcement 243 officers and their deputies and assistants and full-time paid 244 peace officers of other states and of the Federal Government who 245 are carrying out official duties while in this state; 246 (

e) Officers or employees of the state or United States 247 duly authorized to carry a concealed weapon; 248 (

f) Guards or messengers of common carriers, express 249 companies, armored car carriers, mail carriers, banks, and other 250 financial institutions, while actually employed in and about the 251 shipment, transportation, or delivery of any money, treasure, 252 bullion, bonds, or other thing of value within this state; 253 (

g) Regularly enrolled members of any organization duly 254 authorized to purchase or receive weapons from the United States 255 or from this state, or regularly enrolled members of clubs 256 organized for target, skeet, or trap shooting, while at or going 257 to or from shooting practice; or regularly enrolled members of 258 clubs organized for modern or antique firearms collecting, while 259 such members are at or going to or from their collectors’ gun 260 shows, conventions, or exhibits; 261

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h) A person engaged in fishing, camping, or lawful hunting 262 or going to or returning from a fishing, camping, or lawful 263 hunting expedition; 264 (

i) A person engaged in the business of manufacturing, 265 repairing, or dealing in firearms, or the agent or 266 representative of any such person while engaged in the lawful 267 course of such business; 268 (

j) A person firing weapons for testing or target practice 269 under safe conditions and in a safe place not prohibited by law 270 or going to or from such place; 271 (

k) A person firing weapons in a safe and secure indoor 272 range for testing and target practice; 273 (

l) A person traveling by private conveyance when the 274 weapon is securely encased or in a public conveyance when the 275 weapon is securely encased and not in the person’s manual 276 possession; 277 (

m) A person while carrying a pistol unloaded and in a 278 secure wrapper, concealed or otherwise, from the place of 279 purchase to his or her home or place of business or to a place 280 of repair or back to his or her home or place of business; 281 (

n) A person possessing arms at his or her home or place of 282 business; 283 (

o) Investigators employed by the several public defenders 284 of the state, while actually carrying out official duties, 285 provided such investigators: 286 1. Are employed full time; 287 2. Meet the official training standards for firearms 288 established by the Criminal Justice Standards and Training 289 Commission as provided in s. 943.12(5) and the requirements of 290

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a) and 943.13(1)-(4); and 291 3. Are individually designated by an affidavit of consent 292 signed by the employing public defender and filed with the clerk 293 of the circuit court in the county in which the employing public 294 defender resides. 295 (

p) Investigators employed by the capital collateral 296 regional counsel, while actually carrying out official duties, 297 provided such investigators: 298 1. Are employed full time; 299 2. Meet the official training standards for firearms as 300 established by the Criminal Justice Standards and Training 301 Commission as provided in s. 943.12(1) and the requirements of 302 ss. 493.6108(1)(

a) and 943.13(1)-(4); and 303 3. Are individually designated by an affidavit of consent 304 signed by the capital collateral regional counsel and filed with 305 the clerk of the circuit court in the county in which the 306 investigator is headquartered. 307 (q)1. A tactical medical professional who is actively 308 operating in direct support of a tactical operation by a law 309 enforcement agency provided that: 310 a. The tactical medical professional is lawfully able to 311 possess firearms and has an active concealed weapons permit 312 issued pursuant to s. 790.06. 313 b.

The tactical medical professional is appointed to a law 314 enforcement tactical team of a law enforcement agency by the 315 head of the law enforcement agency. 316 c. The law enforcement agency has an established policy 317 providing for the appointment, training, and deployment of the 318 tactical medical professional. 319

Florida Senate - 2022 SB 438 20-00038-22 2022438__ Page 12 of 20 CODING: Words stricken are deletions; words underlined are additions. d. The tactical medical professional successfully completes 320 a firearms safety training and tactical training as established 321 or designated by the appointing law enforcement agency. 322 e. The law enforcement agency provides and the tactical 323 medical professional participates in annual firearm training and 324 tactical training. 325 2.

While actively operating in direct support of a tactical 326 operation by a law enforcement agency, a tactical medical 327 professional: 328 a. May carry a firearm in the same manner as a law 329 enforcement officer, as defined in s. 943.10 and, 330 notwithstanding any other law, at any place a tactical law 331 enforcement operation occurs. 332 b. Has no duty to retreat and is justified in the use of 333 any force which he or she reasonably believes is necessary to 334 defend himself or herself or another from bodily harm. 335 c.

Has the same immunities and privileges as a law 336 enforcement officer, as defined in s. 943.10, in a civil or 337 criminal action arising out of a tactical law enforcement 338 operation when acting within the scope of his or her official 339 duties. 340 3. This paragraph may not be construed to authorize a 341 tactical medical professional to carry, transport, or store any 342 firearm or ammunition on any fire apparatus or EMS vehicle. 343 4.

The appointing law enforcement agency shall issue any 344 firearm or ammunition that the tactical medical professional 345 carries in accordance with this paragraph. 346 5. For the purposes of this paragraph, the term “tactical 347 medical professional” means a paramedic, as defined in s. 348

Florida Senate - 2022 SB 438 20-00038-22 2022438__ Page 13 of 20 CODING: Words stricken are deletions; words underlined are additions. 401.23, a physician, as defined in s. 458.305, or an osteopathic 349 physician, as defined in s. 459.003, who is appointed to provide 350 direct support to a tactical law enforcement unit by providing 351 medical services at high-risk incidents, including, but not 352 limited to, hostage incidents, narcotics raids, hazardous 353 surveillance, sniper incidents, armed suicidal persons, 354 barricaded suspects, high-risk felony warrant service, fugitives 355 refusing to surrender, and active shooter incidents. 356

Section 15. For the purpose of incorporating the amendment 357 made by this act to

section 250.01, Florida Statutes, in a 358 reference thereto, subsection (7) of

section 373.324, Florida 359 Statutes, is reenacted to read: 360 373.324 License renewal.— 361

(7) Notwithstanding the renewal requirements in subsection 362 (3) and s. 250.4815 for members of the Florida National Guard 363 and the United States Armed Forces Reserves, any active water 364 well contractor license issued under this part to a 365 servicemember as defined in s. 250.01 or his or her spouse, both 366 of whom reside in Florida, may not become inactive while the 367 servicemember is serving on military orders which take him or 368 her over 35 miles from his or her residence and shall be 369 considered an active license for up to 180 days after the 370 servicemember returns to his or her Florida residence.

If the 371 license renewal requirements are met within the 180-day 372 extension period, the servicemember or his or her spouse may not 373 be charged any additional costs, such as, but not limited to, 374 late fees or delinquency fees, above the normal license fees. 375 This subsection does not waive renewal requirements such as 376 registering, continuing education, and all associated fees. The 377

Florida Senate - 2022 SB 438 20-00038-22 2022438__ Page 14 of 20 CODING: Words stricken are deletions; words underlined are additions. servicemember must present to the water management district 378 issuing the license a copy of his or her official military 379 orders or a written verification from the member’s commanding 380 officer before the end of the 180-day period in order to qualify 381 for the extension. 382

Section 16. For the purpose of incorporating the amendment 383 made by this act to

section 250.01, Florida Statutes, in a 384 reference thereto, paragraph (

c) of subsection (1) of

section 385 409.1664, Florida Statutes, is reenacted to read: 386 409.1664 Adoption benefits for qualifying adoptive 387 employees of state agencies, veterans, and servicemembers.— 388

(1) As used in this section, the term: 389 (c) “Servicemember” has the same meaning as in s. 390 250.01(19). 391

Section 17. For the purpose of incorporating the amendment 392 made by this act to

section 250.01, Florida Statutes, in a 393 reference thereto, subsection (1) of

section 520.14, Florida 394 Statutes, is reenacted to read: 395 520.14 Termination of retail installment contract for 396 leasing a motor vehicle by a servicemember.— 397

(1) Any servicemember, as defined in s. 250.01, may 398 terminate his or her retail installment contract for leasing a 399 motor vehicle by providing the sales finance company with a 400 written notice of termination, effective on the date specified 401 in the notice, which date shall be at least 30 days after the 402 receipt of the notice by the sales finance company, if any of 403 the following criteria are met: 404 (

a) The servicemember is required, pursuant to a permanent 405 change of station, to move outside the continental United 406

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b) The servicemember receives temporary duty orders, 408 temporary change of station orders, or active duty orders 409 outside the continental United States, provided such orders are 410 for a period exceeding 60 days. 411

Section 18. For the purpose of incorporating the amendment 412 made by this act to

section 250.01, Florida Statutes, in a 413 reference thereto, subsection (5) of

section 627.7283, Florida 414 Statutes, is reenacted to read: 415 627.7283 Cancellation; return of unearned premium.— 416

(5) The insurer must refund 100 percent of the unearned 417 premium if the insured is a servicemember, as defined in s. 418 250.01, who cancels because he or she is called to active duty 419 or transferred by the United States Armed Forces to a location 420 where the insurance is not required. The insurer may require a 421 servicemember to submit either a copy of the official military 422 orders or a written verification signed by the servicemember’s 423 commanding officer to support the refund authorized under this 424 subsection.

If the insurer cancels, the insurer must refund 100 425 percent of the unearned premium. Cancellation is without 426 prejudice to any claim originating prior to the effective date 427 of the cancellation. For purposes of this section, unearned 428 premiums must be computed on a pro rata basis. 429

Section 19. For the purpose of incorporating the amendment 430 made by this act to

section 250.01, Florida Statutes, in a 431 reference thereto, paragraph (

d) of subsection (1) of

section 432 689.27, Florida Statutes, is reenacted to read: 433 689.27 Termination by servicemember of agreement to 434 purchase real property.— 435

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(1) Notwithstanding any other provisions of law and for the 436 purposes of this section: 437 (d) “Servicemember” shall have the same meaning as provided 438 in s. 250.01. 439

Section 20. For the purpose of incorporating the amendment 440 made by this act to

section 250.01, Florida Statutes, in a 441 reference thereto, subsection (5) of

section 790.015, Florida 442 Statutes, is reenacted to read: 443 790.015 Nonresidents who are United States citizens and 444 hold a concealed weapons license in another state; reciprocity.— 445

(5) The requirement of paragraph (1)(

a) does not apply to a 446 person who: 447 (

a) Is a servicemember, as defined in s. 250.01; or 448 (

b) Is a veteran of the United States Armed Forces who was 449 discharged under honorable conditions. 450

Section 21. For the purpose of incorporating the amendment 451 made by this act to

section 250.01, Florida Statutes, in 452 references thereto, subsection (4) and paragraph (

b) of 453 subsection (11) of

section 790.06, Florida Statutes, are 454 reenacted to read: 455 790.06 License to carry concealed weapon or firearm.— 456

(4) The application shall be completed, under oath, on a 457 form adopted by the Department of Agriculture and Consumer 458 Services and shall include: 459 (

a) The name, address, place of birth, date of birth, and 460 race of the applicant; 461 (

b) A statement that the applicant is in compliance with 462 criteria contained within subsections (2) and (3); 463 (

c) A statement that the applicant has been furnished a 464

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chapter and is knowledgeable 465 of its provisions; 466 (

d) A conspicuous warning that the application is executed 467 under oath and that a false answer to any question, or the 468 submission of any false document by the applicant, subjects the 469 applicant to criminal prosecution under s. 837.06; 470 (

e) A statement that the applicant desires a concealed 471 weapon or firearms license as a means of lawful self-defense; 472 and 473 (

f) Directions for an applicant who is a servicemember, as 474 defined in s. 250.01, or a veteran, as defined in s. 1.01, to 475 request expedited processing of his or her application. 476 (11) 477 (

b) A license issued to a servicemember, as defined in s. 478 250.01, is subject to paragraph (a); however, such a license 479 does not expire while the servicemember is serving on military 480 orders that have taken him or her over 35 miles from his or her 481 residence and shall be extended, as provided in this paragraph, 482 for up to 180 days after his or her return to such residence. If 483 the license renewal requirements in paragraph (

a) are met within 484 the 180-day extension period, the servicemember may not be 485 charged any additional costs, such as, but not limited to, late 486 fees or delinquency fees, above the normal license fees. The 487 servicemember must present to the Department of Agriculture and 488 Consumer Services a copy of his or her official military orders 489 or a written verification from the member’s commanding officer 490 before the end of the 180-day period in order to qualify for the 491 extension. 492

Section 22. For the purpose of incorporating the amendment 493

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section 250.01, Florida Statutes, in a 494 reference thereto, subsection (1) of

section 790.062, Florida 495 Statutes, is reenacted to read: 496 790.062 Members and veterans of United States Armed Forces; 497 exceptions from licensure provisions.— 498

(1) Notwithstanding s. 790.06(2)(b), the Department of 499 Agriculture and Consumer Services shall issue a license to carry 500 a concealed weapon or firearm under s. 790.06 if the applicant 501 is otherwise qualified and: 502 (

a) Is a servicemember, as defined in s. 250.01; or 503 (

b) Is a veteran of the United States Armed Forces who was 504 discharged under honorable conditions. 505

Section 23. For the purpose of incorporating the amendment 506 made by this act to

section 250.01, Florida Statutes, in a 507 reference thereto, subsection (13) of

section 790.065, Florida 508 Statutes, is reenacted to read: 509 790.065 Sale and delivery of firearms.— 510

(13) A person younger than 21 years of age may not purchase 511 a firearm. The sale or transfer of a firearm to a person younger 512 than 21 years of age may not be made or facilitated by a 513 licensed importer, licensed manufacturer, or licensed dealer. A 514 person who violates this subsection commits a felony of the 515 third degree, punishable as provided in s. 775.082, s. 775.083, 516 or s. 775.084. The prohibitions of this subsection do not apply 517 to the purchase of a rifle or shotgun by a law enforcement 518 officer or correctional officer, as those terms are defined in 519 s. 943.10(1), (2), (3), (6), (7), (8), or (9), or a 520 servicemember as defined in s. 250.01. 521

Section 24. For the purpose of incorporating the amendment 522

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section 250.01, Florida Statutes, in a 523 reference thereto, paragraph (

d) of subsection (2) of

section 524 790.0655, Florida Statutes, is reenacted to read: 525 790.0655 Purchase and delivery of firearms; mandatory 526 waiting period; exceptions; penalties.— 527

(2) The waiting period does not apply in the following 528 circumstances: 529 (

d) When a rifle or shotgun is being purchased by a law 530 enforcement officer or correctional officer, as those terms are 531 defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9), or a 532 servicemember as defined in s. 250.01. 533

Section 25. For the purpose of incorporating the amendment 534 made by this act to

section 250.01, Florida Statutes, in 535 references thereto, subsections (1), (2), and (3) of

section 536 948.21, Florida Statutes, are reenacted to read: 537 948.21 Condition of probation or community control; 538 military servicemembers and veterans.— 539

(1) Effective for a probationer or community controllee 540 whose crime is committed on or after July 1, 2012, and who is a 541 veteran, as defined in s. 1.01, or servicemember, as defined in 542 s. 250.01, who suffers from a military service-related mental 543 illness, traumatic brain injury, substance abuse disorder, or 544 psychological problem, the court may, in addition to any other 545 conditions imposed, impose a condition requiring the probationer 546 or community controllee to participate in a treatment program 547 capable of treating the probationer’s or community controllee’s 548 mental illness, traumatic brain injury, substance abuse 549 disorder, or psychological problem. 550

(2) Effective for a probationer or community controllee 551

Florida Senate - 2022 SB 438 20-00038-22 2022438__ Page 20 of 20 CODING: Words stricken are deletions; words underlined are additions. whose crime is committed on or after July 1, 2016, and who is a 552 veteran, as defined in s. 1.01, including a veteran who is 553 discharged or released under a general discharge, or 554 servicemember, as defined in s. 250.01, who suffers from a 555 military service-related mental illness, traumatic brain injury, 556 substance abuse disorder, or psychological problem, the court 557 may, in addition to any other conditions imposed, impose a 558 condition requiring the probationer or community controllee to 559 participate in a treatment program capable of treating the 560 probationer or community controllee’s mental illness, traumatic 561 brain injury, substance abuse disorder, or psychological 562 problem. 563

(3) Effective for a probationer or community controllee 564 whose crime is committed on or after October 1, 2019, and who is 565 a veteran, as defined in s. 1.01; a veteran who is discharged or 566 released under any condition; a servicemember, as defined in s. 567 250.01; an individual who is a current or former United States 568 Department of Defense contractor; or an individual who is a 569 current or former military member of a foreign allied country, 570 who suffers from a military service-related mental illness, 571 traumatic brain injury, substance abuse disorder, or 572 psychological problem, the court may, in addition to any other 573 conditions imposed, impose a condition requiring the probationer 574 or community controllee to participate in a treatment program 575 capable of treating the probationer or community controllee’s 576 mental illness, traumatic brain injury, substance abuse 577 disorder, or psychological problem. 578

Section 26. This act shall take effect July 1, 2022. 579