FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.

BILL #: CS/HB 383
TITLE: Concealed Carry Licensing Requirements for Law
Enforcement Officers, Correctional Officers, and Military
Servicemembers
SPONSOR(S): Holcomb and Giallombardo
Committee References

COMPANION BILL: CS/SB 490 (Collins)
LINKED BILLS: None
RELATED BILLS: None

Criminal Justice
18 Y, 0 N, As CS

SUMMARY

Effect of the Bill:

The bill defines a “holder of a concealed weapons or concealed firearms license” to include law enforcement
officers, correctional officers, correctional probation officers, and servicemembers and thus exempts such officers
and servicemembers from the mandatory three-day waiting period between the retail purchase and delivery of a
firearm. As such, under the bill, a law enforcement officer, correctional officer, correctional probation officer, or
servicemember is authorized to take immediate possession of a firearm purchased at retail following successful
completion of a background check in the same manner as a person who holds a concealed weapons or concealed
firearms license, and in the same manner as such officers and servicemembers are currently authorized to take
immediate possession of a rifle or shotgun.

Fiscal or Economic Impact:

None.

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BILL HISTORY

ANALYSIS

EFFECT OF THE BILL:

The bill exempts law enforcement officers, correctional officers, correctional probation officers, and
servicemembers from the mandatory waiting period between the purchase and delivery of a firearm by defining a
“holder of a concealed weapons or concealed firearms license” to include:
  A person who holds a valid license issued under s. 790.06, F.S.
  Law enforcement officers, correctional officers, and correctional probation officers as those terms are

defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9) F.S.

  Servicemember as defined in s. 250.01, F.S.

As such, a law enforcement officer, correctional officer, correctional probation officer, or servicemember who
purchases a firearm at retail from a federal firearms licensee may, following the successful completion of a
background check, take immediate possession of a firearm, including a handgun, in the same manner as a person
who holds a concealed weapons or concealed firearms license, and in the same manner as such officers and
servicemembers are currently authorized to take immediate possession of a rifle or shotgun. (Section 1).

The effective date of the bill is July 1, 2025. (Section 2).

STORAGE NAME: h0383.CRM
DATE: 3/7/2025

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RELEVANT INFORMATION

SUBJECT OVERVIEW:

Purchase and Sale of Firearms
Federal Firearms Licensee
A person may not engage in the business of importing, manufacturing, or dealing in firearms unless he or she is
licensed by the Federal Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).1 A federal firearms licensee
(FFL) must comply with both state and Federal law when selling a firearm.2 Thus, if a state imposes requirements
for the purchase or possession of a firearm which are greater than Federal law, such as requiring a mandatory
waiting period between the purchase and delivery of a firearm, an FFL may not sell or deliver a firearm to a
prospective purchaser unless he or she satisfies the more restrictive state requirements. If a state imposes
requirements on the purchase or possession of a firearm that are less restrictive than Federal law, Federal law
applies. In sum, Federal law relating to the purchase and sale of a firearm acts as the “floor,” but states may impose
more restrictive requirements if they choose to do so.

Private Transaction
A person may also purchase a firearm through a private transaction (i.e. purchasing a firearm from a person who is
a private citizen and not an FFL). Many of the requirements that apply to the sale of a firearm by an FFL do not
apply to a private transaction. A seller in a private transaction is not explicitly required to complete a background
check,3 verify a purchaser’s age,4 or comply with any mandatory waiting periods prior to transferring a firearm to a
purchaser.

Mandatory Waiting Period
Federal Law
Federal law does not require a minimum waiting period between the purchase and delivery of a firearm from an
FFL. Under Federal law, an FFL may transfer a firearm to a purchaser as soon as he or she successfully completes a
background check.5

Florida Law

Florida Constitution

Article I, section 8(b) of the Florida Constitution requires a mandatory waiting period of three days, excluding
weekends and legal holidays, between the purchase6 and delivery at retail of any handgun.7 The mandatory waiting
period does not apply if the purchaser of a handgun holds a concealed weapons license or if the transaction
involves the trade in of a handgun.8 The Florida Constitution does not require a mandatory waiting period for the
retail purchase of a long gun, such as a rifle or shotgun.

Additionally, article VIII, section 5(b) of the Florida Constitution authorizes each county to require a criminal
history records check and a three to five day waiting period, excluding weekends and legal holidays, in connection
with the sale of any firearm occurring within such county. For purposes of this section, the term “sale” means the
transfer of money or other valuable consideration for any firearm when any part of the transaction is conducted on
property to which the public has the right of access.9 A person who holds a concealed weapons license is not
subject to such a mandatory waiting period imposed by a county.10

1 18 U.S.C. § 922(a)(1)(A).
2 18 U.S.C. §922(b)(2).
3 A private seller may not sell or dispose of a firearm to any person who the seller knows, or has reasonable cause to know, is prohibited
from purchasing a firearm due to his or her prior criminal history, immigration status, or mental condition. 18 U.S.C. § 922.
4 A private seller is prohibited from selling, delivering, or otherwise transferring a handgun to a person who the transferor knows or has
reasonable cause to believe is under 18 years of age. 18 U.S.C. §922(x)(1)(A).
5 18 U.S.C. § 922(t)(1).
6 “Purchase” means the transfer of money or other valuable consideration to the retailer. Art. I, s. 8(b), Fla. Const.
7 “Handgun” means a firearm capable of being carried and used by one hand, such as a pistol or revolver. Id.
8 Art. I, s. 8(b) and (d), Fla. Const.
9 Art. VIII, s. 5(b), Fla. Const. Counties that have imposed a mandatory five day waiting period include: Alachua, Broward, Hillsborough,
Miami-Dade, and Palm Beach. Bureau of Alcohol, Tobacco, and Firearms, Florida 35th Edition of State Laws,
https://www.atf.gov/firearms/docs/guide/florida-firearms-statutes-and-codes/download (last visited Mar. 6, 2025).
10 Id.

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Florida Statute

Section 790.0655, F.S., requires a mandatory waiting period between the retail purchase11 and delivery of a
firearm12 from an FFL of at least three days, excluding weekends and legal holidays, or until the completion of a
background check, whichever occurs later. The three-day waiting period does not apply:

  When a firearm is being purchased by a holder of a concealed weapons or concealed firearms license issued

under s. 790.06, F.S.;

  To a trade-in of another firearm;
  To the purchase of a rifle or shotgun, if a person:

o  Successfully completes a 16 hour hunter safety course and possesses a hunter safety certification

o

card issued under s. 379.3581, F.S., or
Is exempt from the hunter safety course requirements under s. 379.3581, F.S., and holds a valid
Florida hunting license; or

  When a rifle or shotgun is being purchased by a law enforcement officer or correctional officer, as those

terms are defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9), F.S.,13 or a servicemember14 as defined in
s. 250.01, F.S.15

Under s. 790.0655, F.S., it is a third degree felony:16

  For any retailer,17 or any employee or agent of a retailer, to deliver a firearm before the expiration of the

waiting period, subject to the statutory exceptions; or

  For a purchaser to obtain delivery of a firearm by fraud, false pretense, or false representation.18

Law Enforcement Officers, Correctional Officers, and Correctional Probation Officers
For purposes of the exemption from the mandatory waiting period for the purchase of a rifle or shotgun in
s. 790.0655, F.S., the term “law enforcement officer or correctional officer” includes an officer who meets any of the
following definitions, including a:







 “Law enforcement officer,” which means any person who is elected, appointed, or employed full time by
any municipality or the state or any political subdivision thereof; who is vested with authority to bear arms
and make arrests; and whose primary responsibility is the prevention and detection of crime or the
enforcement of the penal, criminal, traffic, or highway laws of the state. The term includes all certified
supervisory and command personnel whose duties include, in whole or in part, the supervision, training,
guidance, and management responsibilities of full-time law enforcement officers, part-time law
enforcement officers, or auxiliary law enforcement officers but does not include support personnel
employed by the employing agency. The term also includes a special officer employed by a Class I, Class II,
or Class III railroad pursuant to s. 354.01, F.S.19
“Correctional officer,” which means any person who is appointed or employed full time by the state or any
political subdivision thereof, or by any private entity which has contracted with the state or county, and
whose primary responsibility is the supervision, protection, care, custody, and control, or investigation, of
inmates within a correctional institution; however, the term “correctional officer” does not include any
secretarial, clerical, or professionally trained personnel.20
“Correctional probation officer,” which means a person who is employed full time by the state whose
primary responsibility is the supervised custody, surveillance, and control of assigned inmates,
probationers, parolees, or community controllees within institutions of the Department of Corrections or

11 “Purchase” means the transfer of money or other valuable consideration to the retailer. S. 790.0655(1)(a), F.S.
12 “Firearm” means any weapon (including a starter gun) which will, is designed to, or may readily be converted to expel a projectile by the
action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; any destructive device; or any
machine gun. The term “firearm” does not include an antique firearm unless the antique firearm is used in the commission of a crime.
S. 790.001(9), F.S.
13 The term “law enforcement or correctional officer” includes a correctional probation officer under s. 943.10(3), F.S. Infra, note 21.
14 “Servicemember” means any person serving as a member of the United States Armed Forces on active duty or state active duty and all
members of the Florida National Guard and United States Reserve Forces.14 S. 250.01, F.S.
15 S. 790.0655(2), F.S.
16 A third degree felony is punishable by up to five years imprisonment and a $5,000 fine. Ss. 775.082, F.S., 775.083, F.S., or 775.084, F.S.
17 “Retailer” means and includes a licensed importer, licensed manufacturer, or licensed dealer engaged in the business of making firearm
sales at retail or for distribution, or use, or consumption, or storage to be used or consumed in this state, as defined in s. 212.02(13), F.S.
18 S. 790.0655(3), F.S.
19 S. 943.10(1), F.S.
20 S. 943.10(2), F.S.

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

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within the community. The term includes supervisory personnel whose duties include, in whole or in part,
the supervision, training, and guidance of correctional probation officers, but excludes management and
administrative personnel above, but not including, the probation and parole regional administrator level.21
“Part-time law enforcement officer,” which means any person employed or appointed less than full time, as
defined by an employing agency, with or without compensation, who is vested with authority to bear arms
and make arrests and whose primary responsibility is the prevention and detection of crime or the
enforcement of the penal, criminal, traffic, or highway laws of the state.22
“Part-time correctional officer,” which means any person who is employed or appointed less than full time,
as defined by the employing or appointing agency, with or without compensation, whose responsibilities
include the supervision, protection, care, custody, and control of inmates within a correctional institution.23
“Auxiliary law enforcement officer,” which means any person employed or appointed, with or without
compensation, who aids or assists a full-time or part-time law enforcement officer and who, while under
the direct supervision of a full-time or part-time law enforcement officer, has the authority to arrest and
perform law enforcement functions.24
“Auxiliary correctional officer,” which means any person employed or appointed, with or without
compensation, who aids or assists a full-time or part-time correctional officer and who, while under the
supervision of a full-time or part-time correctional officer, has the same authority as a full-time or part-
time correctional officer for the purpose of providing supervision, protection, care, custody, and control of
inmates within a correctional institution or a county or municipal detention facility.25

Firearm Training Requirements
The Criminal Justice Standards and Training Commission (CJSTC) within the Florida Department of Law
Enforcement is responsible for certifying law enforcement officers and correctional officers and establishing
uniform minimum training standards for such officers, including firearm proficiency.26 Under r.11B-35.0024, F.A.C.,
a student enrolled in an officer basic recruit training program must complete a written examination and
demonstrate proficiency with a semi-automatic pistol to be certified. Upon initial certification, a law enforcement
officer is required to demonstrate his or her proficiency with a firearm once every two years thereafter.27
Correctional officers are required to complete scenario-based firearms training as part of the four-year continuing
education training that is required to maintain active certification under s. 943.135, F.S.28

21 S. 943.10(3), F.S.
22 S. 943.10(6), F.S.
23 S. 943.10(7), F.S.
24 S. 943.10(8), F.S.
25 S. 943.10(9), F.S.
26 Ss. 943.11 and 943.12, F.S.
27 R. 11B-27.00212(14), F.A.C.
28 R. 11B-27.00212(13), F.A.C.

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BILL HISTORY

COMMITTEE REFERENCE
Criminal Justice Subcommittee

ACTION
18 Y, 0 N, As CS

DATE
3/6/2025

STAFF
DIRECTOR/
POLICY CHIEF
Hall

ANALYSIS
PREPARED BY
Padgett

THE CHANGES ADOPTED BY THE
COMMITTEE:

  Moved language from the original bill to the statute relating to the

mandatory waiting period for firearms purchases.

  Narrowed the applicability of the original bill by providing that a law

enforcement officer, correctional officer, correctional probation officer,
or servicemember is considered to be licensed to carry a concealed
weapon or concealed firearm only for purposes of the exemption from
the mandatory waiting period for firearms purchases.

  Specified that a correctional probation officer is a “holder of a

concealed weapons or concealed firearms license” for purposes of the
exemption from the mandatory waiting period for firearms purchases.

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THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
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