Ch. 790 WEAPONS AND FIREARMS F.S. 2017
constitute evidence of qualification under this paragraph.
A person who conducts a course pursuant to
subparagraph 2., subparagraph 3., or subparagraph 7.,
or who, as an instructor, attests to the completion of
such courses, must maintain records certifying that he
or she observed the student safely handle and discharge
the firearm in his or her physical presence and
that the discharge of the firearm included live fire using a
firearm and ammunition as defined in s. 790.001;
(i) Has not been adjudicated an incapacitated
person under s. 744.331, or similar laws of any other
state. An applicant who has been granted relief from
firearms disabilities pursuant to s. 790.065(2)(a)4.d. or
pursuant to the law of the state in which the adjudication
occurred is deemed not to have been adjudicated an
incapacitated person under this paragraph;
(j) Has not been committed to a mental institution
under chapter 394, or similar laws of any other state. An
applicant who has been granted relief from firearms
disabilities pursuant to s. 790.065(2)(a)4.d. or pursuant
to the law of the state in which the commitment occurred
is deemed not to have been committed in a mental
institution under this paragraph;
(k) Has not had adjudication of guilt withheld or
imposition of sentence suspended on any felony unless
3 years have elapsed since probation or any other
conditions set by the court have been fulfilled, or
expunction has occurred;
(l) Has not had adjudication of guilt withheld or
imposition of sentence suspended on any misdemeanor
crime of domestic violence unless 3 years have elapsed
since probation or any other conditions set by the court
have been fulfilled, or the record has been expunged;
(m) Has not been issued an injunction that is
currently in force and effect and that restrains the
applicant from committing acts of domestic violence or
acts of repeat violence; and
(n) Is not prohibited from purchasing or possessing
a firearm by any other provision of Florida or federal law.
(3) The Department of Agriculture and Consumer
Services shall deny a license if the applicant has been
found guilty of, had adjudication of guilt withheld for, or
had imposition of sentence suspended for one or more
crimes of violence constituting a misdemeanor, unless 3
years have elapsed since probation or any other
conditions set by the court have been fulfilled or the
record has been sealed or expunged. The Department
of Agriculture and Consumer Services shall revoke a
license if the licensee has been found guilty of, had
adjudication of guilt withheld for, or had imposition of
sentence suspended for one or more crimes of violence
within the preceding 3 years. The department shall,
upon notification by a law enforcement agency, a court,
or the Florida Department of Law Enforcement and
subsequent written verification, suspend a license or the
processing of an application for a license if the licensee
or applicant is arrested or formally charged with a crime
that would disqualify such person from having a license
under this section, until final disposition of the case. The
department shall suspend a license or the processing of
an application for a license if the licensee or applicant is
issued an injunction that restrains the licensee or
applicant from committing acts of domestic violence
or acts of repeat violence.
(4) The application shall be completed, under oath,
on a form adopted by the Department of Agriculture and
Consumer Services and shall include:
(a) The name, address, place of birth, date of birth,
and race of the applicant;
(b) A statement that the applicant is in compliance
with criteria contained within subsections (2) and (3);
(c) A statement that the applicant has been furnished
a copy of or a website link to this chapter and is
knowledgeable of its provisions;
(d) A conspicuous warning that the application is
executed under oath and that a false answer to any
question, or the submission of any false document by
the applicant, subjects the applicant to criminal prosecution
under s. 837.06;
(e) A statement that the applicant desires a concealed
weapon or firearms license as a means of lawful
self-defense; and
(f) Directions for an applicant who is a servicemember,
as defined in s. 250.01, or a veteran, as
defined in s. 1.01, to request expedited processing of his
or her application.
(5) The applicant shall submit to the Department of
Agriculture and Consumer Services or an approved tax
collector pursuant to s. 790.0625:
(a) A completed application as described in subsection
(4).
(b) A nonrefundable license fee of up to $55 if he or
she has not previously been issued a statewide license
or of up to $45 for renewal of a statewide license. The
cost of processing fingerprints as required in paragraph
(c) shall be borne by the applicant. However, an
individual holding an active certification from the Criminal
Justice Standards and Training Commission as a
law enforcement officer, correctional officer, or correctional
probation officer as defined in s. 943.10(1), (2),
(3), (6), (7), (8), or (9) is exempt from the licensing
requirements of this section. If such individual wishes to
receive a concealed weapon or firearm license, he or
she is exempt from the background investigation and all
background investigation fees but must pay the current
license fees regularly required to be paid by nonexempt
applicants. Further, a law enforcement officer, a correctional
officer, or a correctional probation officer as
defined in s. 943.10(1), (2), or (3) is exempt from the
required fees and background investigation for 1 year
after his or her retirement.
(c) A full set of fingerprints of the applicant administered
by a law enforcement agency or the Division of
Licensing of the Department of Agriculture and Consumer
Services or an approved tax collector pursuant to
s. 790.0625 together with any personal identifying
information required by federal law to process fingerprints.
Charges for fingerprint services under this
paragraph are not subject to the sales tax on fingerprint
services imposed in s. 212.05(1)(i).
(d) A photocopy of a certificate, affidavit, or document
as described in paragraph (2)(h).
(e) A full frontal view color photograph of the
applicant taken within the preceding 30 days, in which
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