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HomeMy WebLinkAbout1982-118RESOLUTION NO. 82- 118 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DESIGNATING AN APPLICATION FORM, FIREARMS SAFETY AND HANDLING COURSE AND SCHEDULE OF FEES, FOR CONCEALED WEAPONS PERMITTING PURSUANT TO ORDINANCE NO. 79-27, AS AMENDED. WHEREAS, the Board of County Commissioners of Indian River County, Florida, has adopted Ordinance No. 79-27 and gilhGP- quent amendments thereto establishing a uniform policy and proce- dure for the issuance of concealed weapons licenses in this County; and WHEREAS, as authorized and directed by said Ordinance, the Board of County Commissioners shall designate an appropriate application form, firearms safety and handling course, and shall approve all fees associated with either. NOW, THEREFORE, BE IT RESOL`.ED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. The application form attached hereto as Exhibit A is approved for use by the County Administrator and Clerk. 2. The Board hereby designates and recognizes the course in instruction in firearms safety and handling described in Exhibit B attached hereto as being appropriate for purposes of applicant review. It is expressly intended that an applicant may take this course from either of two agencies which propose to offer same, being the Indian River County Sheriff's Office and the Vero Beach Police Benevolence Association. A satisfactory evaluation from either agency shall be acceptable provided that the course given complies with the stated criteria. 3. The Board hereby approves the following fees in connection with application for and issuance of a concealed weapons license: A. Initial application fee $44.00; which sum includes $14.00 for fingerprint examination reports by Florida Department of Law Enforcement and the Federal Bureau of Investigation, and $30.00 for local detective investigation and publication of notice of application, payable with submission of completed application. me B. Firearms safety and handling course fee not to exceed $11.00; payable at the time of enrollment in course. C. Renewal application fee $20.00; which sum shall cover updated records' evaluation and shall be payable with submission of completed renewal application. The foregoing resolution was offered by Commissioner Fletcher ::! o mo cd its adoption. The motion was seconded by Commissioner Lyoiis and, upon being put to a vote, the vote was as follows: Chairman Don C. Scurlock, Jr. Aye Vice -Chairman A. Grover Fletcher Aye Commissioner Patrick B. Lyons Aye Commissioner William C. Wodtke, Jr. Aye Commissioner Dick Bird Aye The Chairman thereupon declared the resolution duly passed and adopted this 3rd day of November , 1982. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By DON C. SCURfMCK, JR. C— fj / Chairman Attest: -FREDA WRIGHT, C1 APPROVE TO FORM AND LE SU F EN C RIS HF J. PAULL Assi ant County Attorney -2- APPLICATION FOR ISSUANCE OF LICENSE TO CARRY A CONCEALED FIREARM IN INDIAN RIVER COUNTY FLORIDA Please print legibly or type; answer each question, indicating "Yes," with full details, "No", not applicable (N/A) or NONE where appropriate; please use additional sheet if necessary to answer any question in its entirety; you should refer to the attached instructions and criteria for guidance, if necessary. 1. Full name: 2. Present address (give both mailing address and residpnrp_ if Lhuy differ) : Mailing Address Residence (if different) Stree Street City, State and Zip Code City, State and Zip Code 3. (a) Date of Birth: (b) Place of Birth: (c) Social Security No.: 4. Telephone Number: Home: Business: 5. Present Occupation: 6. Name and Mailing Address of Present Employer (also give location of principal place of business, if different than business mailing address): Present Employer Principal Place of. Business (if different) Name Street Street —' City, State and Zip Code City, State and Zip Code 7. Occupation and employers for the immediate past four (4) years (give same information as question No. 6 and give dates): 8. List the following information for each weapon you wish to carry pursuant to this license. (a) Make of weapon (b) Caliber (c) Serial Number (d) Length of barrel (e) Type (automatic/revolver) -1- EXHIBIT A 9. Give complete residential addresses for the past four (4) years, listing the most recent first: (street address FROM TO City, State) Mon. Yr. Mon Yr. 10. Have you ever been known by any other name or names? If yes, list each such name and dates: 11. Have you ever been arrested for, charged with, or convicted of any violation of the law other than parking tickets or non-moving traffic violations? If yes, explain each incident and outcome, including any court determinations. 12. Are you an unlawful user of or addicted to any controlled substance as defined in Chapter 893, Florida Statutes? If yes, explain circ«mstances. 13. Have you ever been adjudicated a mental incompetent, been committed to a mental institution, or been under the care of a licensed physician for any mental disorder? If yes, please explain in detail: 14. Have you completed, using the firearm(s) listed in this application in question No. 8, the designated firearms safety and handling course required by Ordinance No. 79-27, as amended? If yes, be sure the documentation showing proof of such completion, appended to this application as Page 4, has been completed in its entirety by the examining officer or instructor. -2- Ii G 15. Demonstrable Need Criteria: As required by Section 2 (f) of Ordinance No. 79-27, as amended, please state those facts which affirmatively establish the propriety of use of or the necessity for carrying a concealed handgun: 16. List the names and addresses of three individuals who are not related to you by blood or marriage who may be contacted for information as to your moral character, fitness and eligibility for this license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`PHIS LICENSE, AND I SPECIFICALLY DIRECT AND AUTHORIZE THE CUSTODIAN OF ANY SUCH RECORDS OR INFORMATION, INCLUDING BUT NOT LIMITED TO PHYSICIANS, HOSPITALS, INSURANCE COMPANIES, LAW ENFORCEMENT AGENCIES, OR PAST OR PRESENT EMPLOYERS, TO RELEASE SAID INFORMATION UPON REQUEST BY THE COUNTY FOR THE LIMITED AND EXCLUSIVE PURPOSE OF REVIEWING THIS APPLICATION. DATE: Signature of Applicant STATE OF FLORIDA COUNTY OF INDIAN RIVER Sworn to and subscribed before me this day of 19 . Notary Public My Commission Expires: -3- i 6e FIREARM SAFETY AND HANDLING COURSE EVALUATION Part I To be completed by Applicant 1. Applicant's full name: 2. Weapon tested (must be the sar.a as listed in application Page 1, question 8): Make Caliber _ Serial Number Length of barrel Type (automatic/revolver) 3. Please read and sign the next page, and give same to your instructor. Part II To be completed by Course Instructor The above named applicant has on this date completed the Firearm Safety and Handling Course given by the and my evaluation of the applicant's proficiency is as follows (circle one and give comments if other than satisfactory): SATISFACTORY or UNSATISFACTORY Comments: Instructor Date: -4- 40 as ACKNOWLEDGMENT OF LIABILITY FOR FIRING WEAPON I, , hereby acknowledge and agree that I shall be solely responsible for any result attributable to my firing of a weapon in connection with the Indian River County Concealed Weapons License Application Procedure. I hereby further agree to hold harmless and indemnify Indian River County, and any agency or organization conducting said course, and their officers and employees, from any and all liability for property damage, personal injury or loss of life resulting from my use of the weapon, and I shall defend against any claim or cause of action made against the above mentioned parties, or their officers and employees, which may arise from my use of the weapon. Applicant Date: (THIS FORM IS TO BE EXECUTED AND TURNED INTO THE INSTRUCTOR PRIOR TO THE RANGE PORTION OF THE COURSE.) -5- INDIAN RIVER COUNTY FIREARMS SAFETY AND HANDLING COURSE CRITERIA 1. All applicants shall satisfactorily complete the training criteria from an instructor who possesses a current instructor's certificate from at least one of the following: (a) The Florida Police Standards Council. (b) The National Rifle Association (c) A branch of the military forces of the United States (d) Any federal, state, county or municipal police academy recognized as such by the Florida Police Standards Cou1ici-I ur Lhe Flullda DepaLbnent of Education 2. The agenda for classroom instruction shall include at a minimum the following five (5) hours (stated time periods are approximate and may vary slightly depending upon instructor, class number and level of participation): (a) When To Use a Gun, 1 hour (b) Legal Limitations, 2 hours (c) Safety Requirements, 1-1/2 hours (d) Nomenclature and Maintenance, 1/2 hour 3. Range qualification requirements, up to three (3) hours. (a) Target must be a "B-27 Sil.iouette" or the approximate equivalent. (b) Phase 1--7 yard range; standing, sitting, or kneeling; on command must fire a total of 16 rounds, reloading as necessary. Shooter may use either or both hands. (c) Phase 2--15 yard range; standing, sitting, or kneeling; on command must fire a total of 14 rounds, reloading as necessary; shooter may use either or both hands; time limit, 3 minutes, time required to reload shall not be counted in the 3 minutes. (d) Scoring: 30 rounds, highest total score possible 150 points; satisfactory score is deemed to be 98 points or higher. (e) Ammunition: This course shall be fired using no less than 6 rounds of the minimum 30 of factory or full loaded ammunition. 4. For safety reasons, all weapons will be fired at the discretion of the range officer or instructor and only after a general inspection of the weapon is conducted. 5. Qualification: An applicant who has completed the classroom session and has fired the weapon with a score of. 98 or above shall be deemed to have satisfactorily completed the firearms safety and handling course. If the applicant does not achieve a satisfactory score on the range on his or her first try, the applicant may refire the course one more time after the other applicants have had an opportunity to qualify. If the applicant has not qualified after the second opportunity to fire the course, applicant must then wait until the next firearm class to attempt to qualify. 6. Course requirements upon renewal of concealed weapons license: This course shall be required only for initial applicants and then every second renewal thereafter (i.e. every four (4) years). The criteria shall be the same for a renewal applicant as for the initial applicant. EXHIBIT B ORDINANCE NO.82- 27 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS " OF INDIAN RIVER COUNTY, FLORIDA, AMENDING ORDINANCE 79-27, KNOWN AS THE INDIAN RIVER COUNTY UNIFORM PISTOL LICENSING ORDINANCE; PROVIDING FOR REVISIONS TO SECTIONS 6, 7, 8, and 13 (2); PERTAINING RESPECTIVELY TO DESIGNATION OF FIREARMS SAFETY AND HANDLING COURSE; INVESTIGATION; NOTICE OF FILING AND OF APPROVED APPLICATIONS; LICENSE REVOCATION; SUBSTITUTING A NEW SECTION 9 PROVIDING' FOR REVIEW PROCESS; BOARD ACTION; APPEAL OF DENIAL; CREATING A NEW SECTION 1e PROVIDINGTICES L�vri t30i•i�;r;b; RENUMBERING CERTAIN SECTIONS; PROVIDING FOR SEVERABILITY, CODIFICATION, AND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted Ordinance 79-27 to establish a uniform policy and procedure governing the issuance of concealed weapons licenses in Indian River County; and WHEREAS, the Board now desires to revise the firearms safety and handling course designation requirement to satisfy the reasonable needs and capabilities of the public and of local training resources; and WHEREAS, the Board also desires to clarify the procedure for consideration and issuance of licenses to those desiring to carry concealed weapons in order to facilitate proper administra- tion of the ordinance. WHEREAS, these amendments do not in any way infringe upon the citizen's right to keep and bear arms for lawful purposes, without a license, in one's home, place of business, or private conveyance as provided by Florida Statutes §790.25 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: SECTION 1 This ordinance is adopted pursuant to authority vested in the Board of County Commissioners by virtue of Florida Statutes §790.06 (1981) to establish a uniform policy and procedure for the issuance of licenses to carry concealed pistols on the person. SECTION 2 Section 2 (f) (2) of Ordinance 79-27 is hereby amended to read as follows: Section 2. CRITEP.I n FOR ISSUANCE OF LICENSE TO CARRY CONCEALED WEAPON. Prior to the issuance of a license to carry -1- CODING: Words in type are deletions from existing law; words underlined are additions. firearms under Section 790.06 Florida Statutes (197$ 81), all applicants shall be required to submit evidence and certify to the Board of County Commissioners that: (f) The applicant affirmatively establishes that he or she intends a proper use of or has a demonstrable need for carrying a concealed pistol. In affirmatively establishing the propriety of the use of or necessity for carrying a concealed pistol, the applicant must show: (2) The applicant desires to carry a firearm for self-defense, or has a demonstrated need to carry a firearm as a result of his occupation, employment, profession or other relevant factor or activities; and... SECTION 3 Section 6 of Ordinance 79-27 is hereby amended to read as follows: Section 6. DESIGNATION OF COURSES IN INSTRUCTION IN FIREARM SAFETY AND HANDLING. The Board of County Commissioners of Indian River County, Flgrida,•shall designate by resolution those courses in instruction, satisfactory completion of which is required for compliance with Section 2 of this ordinance. --bat to-na-ease-sha k 1-s-a©ur_�e-be-dey isgneted-whteit-€ails-ss-a-m�n�m�t to-meet-the-recta}red-er>:ter}a-ter-Elasy-ugu_ytstewtde-gnrr- permit:i-apectfi-ed-in-Chapter -iC-3.--17-ef-the-Reles-e>f-bite He)t.artoncrtt-eF-St-ftte-Lr,r-private-tnvesttc7aEtve-agenete9.- Any fee assessed for enrollment in a course designated hereunder shall be pai.d_by an appl.tcaiit directly to the agency conducting the course. The _amount of the fee, however, shall be subject to prior approval P y the Board of County Commissioners as part of the resolution designating the course for recognition under this ordinance. SECTION 4 Section 7 of Ordinance 79-27 is hereby amended to read as follows: Section 7. INVESTIGATION. Prior to the review of an application by the County Administrator and consideration by the Board of County Commissioners, Tthe Sheriff of Indian River County shall conduct an exami'*iaLion of available local, state, and federal records to -2- CODING:- Words in strttek-tFtraagh type are deletions from existing law; words underlined are additions. determine whether an applicant has been arrested, charged, or indicted for, or convicted of any criminal offense that would affect his eligibility for a permit. The expense of said background investigation shall be borne by the applicant through the administrative fee established pursuant to Section 15 hereunder. SECTION 5 Section 8 of Ordinance 79-27 is hereby amended to read as follows: Section 8. NOTICE OF FILING AND OF APPROVED APPLICATIONS. Notice of application for a license shall be published once in a newspaper of general circulation in the County, at least five days but no more than fifteen days, prior to initial consideration action by the Boird of County Commissioners. The application for any license, if granted, shall be a public record and shall be filed by the County Administrator with the Clerk of the Board of County Commissioners. SECTION 6 Section 9 of Ordinance 79-27, as presently exists, is hereby repealed in its entirety: BeetiOn-97--bleSHBE-VALIBiTY7-HeN'FRANSPHRABbE7 17 --All -license -app i iea b iens -must -15e -app reved-by -the Bearel-ef-eeanty-eontrt:tssteners-before-a-va}tel-license-enay-be- tssaeel-by-the-Eeanty-Ae•(mtntstrat9r-ar-his-elestgnee---Approval-er elensa}-shall-be-baseel-open-eempltanee-vrtth-tFre-ertberta estab}fished-under-Beetlee-2- SECTION 7 In place of Section 9 of Ordinance 79-27, repealed above, a new Section 9 is hereby created to read as follows: SECTION 9. REVIEW PROCESS; BOARD ACTION; APPEAL OF DENIAL. 1. Within thirty (30) days following receipt of a completed application, including background investigation and course evaluation report, the County Administrator shall review same for compliance with the requirements of this ordinance and shall make a recommendation for action to the Board of County -3- CODING: Words in strdek-through type are deletions from existing law; words underlined are additions. Commissioners The Board of County Commissioners shall act upon_ completed applications at the earliest available regularly scheduled meeting. An applicant who is denied shall be notified promptly by mail. 2. In the event issuance of a license is denied by the Board of County Commissioners under subparagraph 1 above, an - aggrieved applicant may request a public hearing hgfnra the Board for reconsideration of the matter by delivering a written request therefor to the County Administrator within fifteen days following the date notice of the denial is postmarked. 3 Following approval, the County Administrator or his designee shall issue the license upon the posting by the applicant of the statutory bond required by Section 2 of this ordinance. 4. Any license issued herei-nder shall be nontransferable. SECTION 8 Subparagraph 2 of Section 13 of Ordinance 79-27, pertaining to license revocation is hereby amended to read as follows: Section 13. LICENSE REVOCATION. 1. Any license issued under this ordinance may be revoked by the Board of County Commissioners upon a determination that: (a) A licensee has been convicted of a felony; (b) A licensee has misrepresented or concealed facts on his application which bear on the proper use of or need for carrying a concealed pistol; (c) A licensee no longer meets the criteria for eligibility specified in this ordinance. 2. Revocation shall be automatic upon conviction of a felony, and a license shall be suspended upon a licensee being charged with commission of a felony or having received a court ordered referral for psychiatric evaluation, the period of suspension shall continue until all charges have been disposed in the event of a felony charge, satisfactory ory uetermination by a licensed medical doctor in response to the court ordered -4-- CODING: Words in struck -through type are deletions from existing law; words underlined are additions. psychiatric evaluation; however, no license may be revoked under Section 13 (1) (b) or (c) above, until a hearing has been held before by the Board of County Commissioners eesnty hdministrater-er-his-designee not less than fifteen days after the date of mailing of a notice advising the licensee of the pending revocation, the reasons therefor, and the date, time and �lace of the hearing. a£ter-at-}Pwat-£}£teen-ti5i_a_..-__._,.i= _ uuy� .►rrccen Retiee-theree£-te-the-�teeR9ee---the-he8ring-e££ieia�-skell-tReke £findings-e£-£aet;-a-reeemmendatien;-and-present-a-transeript-af e��-hearings-te-the-Beard-e£-8eteatp-een►missieners-prier-to-the reveestien-e£-any-�ieense-by-the-Beard-o£-eeantp-een►ntissieners- SECTION 9 A new Section 14 is hereby created to read as follows: Section 14. NOTICES. Any notice to an a_plicant or licensee required by this ordinance shall be deemed to have been properly given if mailed to the most recent address on file with the Clerk of the Board of County Commissioners. It shall be the responsibility of the applicant or licensee to keep a current address on file. SECTION 10 Sections 14, 15, and 16 of Ordinance 79-27, as adopted, are hereby renumbered respectively as Sections 15, 16, and 17. SECTION 11 INCORPORATION OF ORDINANCE IN COUNTY CODE. Provisions of Ordinance 79-27 and of this ordinance shall be incorporated in the County Code of Laws and Ordinances and the word "ordinance" may be changed to "section", "article" or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intentions. SECTION 12 SEVERABILITY. If any section, part of a section, paragraph, sentence, clause, phrase or word of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such hold - inns or invalidity shall not affect the remaining portions of this Ordinance and it shall be construed to have been the legislative -5- CODING: Words in struck -through type are deletions from ciiistIng iaw; words underlined are additions. intent to pass this Ordinance without such unconstitutional, invalid or inoperative part therein, and the remainder of this Ordinance after the exclusion of such part or parts shall be deemed to be held valid as if such part or parts had not been included therein, or if this Ordinance or any of the provisions thereof shall be held inapplicable to any person, group of persons, property, kind of property; circumstances or set of circumstances, such holding shall not affect the applicability thereof to any other person, property or circumstances. SECTION 13 EFFECTIVE DATE. The provisions of this Ordinance shall become effective upon receipt from the Florida Secretary of State of official acknowledgment that this Ordinance his been filed with the Department of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida on this 3rd day Of November , 1982. INDIAN RIVER COUNTY BY ITS BOARD OF COUNTY COMMISSIONERS By: `/ C '& - DON C. SCURLOCK, JR. Chairman Acknowledgment by the Depa tent of State of the State of Florida this 9�k day of 44U0,&tA- , 1982. Effective Date: Ackno ledgment fl7olm the Department of State received on this /d" day of , 1982, at //:00 A.M./P:K. and filed in the office f the Clerk of. the Board of County Commissioners of Indian River County, Florida. Approved as to form and legal ciency. By: CHRIS.TOPHF�R ,Q. PAULL AssiStantrlCounty Attorney -6- STATE OF FLORIDA INDIAN RIVER COUNTY THIS I; TO CERTIFY THAT THIS 19 A TRUE AND CORRECT COPY OF THE ORIG:NAL ON FILE IN THIS OFFICE. FREDA WRIGHT, CLERK BY D.C. DATE CODING: 'Words in struck -through type are deletions from existing law,- 1words underlined are additions.