Ordinance 022-1977
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ORDINANCE NO. 22 -1977
AN ORDINANCE REGULATING THE ISSUANCE OF LICEN-
SES TO CARRY CONCEALED PISTOLS ON THE PERSON
WITHIN MONROE COUNTY, FLORIDA; PROVIDING FOR
UNIFORM POLICY AND PROCEDURE FOR THE ISSUANCE
OF LICENSES; PROVIDING FOR SEVERABILITY; PRO-
VIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
WHEREAS, the Florida Legislature has, pursuant to Chap-
ter 77-302 Laws of Florida, provided for the County Commissioners
of the respective counties of the State of Florida to adopt by
ordinance a uniform policy and procedure for the issuance of
licenses to carry concealed pistols on the person,
NOW, THEID~FORE, BE IT RESOLVED, that in order to promote
the public health, safety and welfare of the citizens of Monroe
County, Florida, the following Ordinance is hereby enacted:
Section 1.
General.
Persons applying for a pistol per-
mit must submit a written application and supporting data as set
forth herein and have the following qualifications:
(a) Applicant must be 18 years or older.
(b) Applicant must be of good moral character as deter-
mined by the Board of County Commissioners and provided for by
Florida Statute Chapter 790.06
(c) Applicant must meet gun range qualifications as set
forth herein.
Application Forms.
Section 2.
(a) Application forms may be obtained from the office of the
County Clerk, Board of County Commissioners, Monroe County Court-
house, 500 Whitehead Street, Key West, Florida, and when completed
must be filed in person with same.
(b) The County Clerk is hereby authorized and directed
to promulgate such forms and procedures as are necessary to carry
out the intent and purpose of this Ordinance.
Page 1 of 5
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Section 3. Application Fees.
be paid upon filing of the application:
(a) APPLICATION FEE
(b) INVESTIGATION FEE
TOTAL
This fee shall not be refundable.
Section 4. Eligibility.
(a) It is hereby determined to be the policy of the
Board of County Commissioners of Monroe County in implementing
Chapter 790, Florida Statutes, and in cooperation with the Depart-
ment of State in the enforcement of Chapter 493, Florida Statutes,
regulating investigative agencies and personnel, that any indivi-
dual required by Chapter 493, Florida Statutes, to obtain a "state-
wide gun permit" through the Department of State shall not be
eligible to obtain or apply for a gun permit from this Board.
(b) That any individual (not required to be licensed,
registered or required to obtain a gun permit with the Department
of State by virtue of Chapter 493, Florida Statutes) may apply
to said Board for a permit to carry a pistol in accordance with the
procedure set forth in this Ordinance.
Section 5. Investigation of Applicants and Qua1ifica-
The following fees shall
$ 150.00
$ 100.00
$ 250.00
tions.
(a) Upon completion of written application and submittal
to the County Clerk, including a photograph of person, all appli-
cants will be referred to the State Attorney for an investigation
and report of applicant's character. No license will be issued
until said report is received by the Board of County Commissioners.
(b) All applicants shall submit to fingerprinting by
the Sheriff of Monroe County at the County Jail, who will report
to the State Attorney as to the existence of a criminal record, if
any, against the applicant. Applicant shall pay directly to said
Sheriff such fee as is customarily charged for such service by
said Sheriff.
Page 2 of 5 Pages
(c) All applicants shall be gun ranged qualified
as follows:
(1) Ten (10) rounds--slow fire - ten (10)
minute time limit from a distance of
twenty-five yards.
(2) Twenty (20) rounds--sustained fire - from
fifteen (15) yards.
(3) Qualifying score is 200 from a possible
300 points.
Section 6. Approval.
(a) Upon receipt and acceptance of the State Attorney's
report, the County Clerk shall advise the applicant when to appear
before the Board of County Commissioners.
(b) Every applicant, or prospective licensee, for permit
shall appear in person before the Board of County Commissioners
on the date his application is scheduled for final disposition.
Section 7. Issuance of License.
(a) Upon final approval of application by the Board of
County Commissioners, a concealed weapon license shall be issued
for a period of not more than two (2) years upon the applicant
giving to the Board of County Commissioners a bond in the sum of
$100.00, payable to the Governor with sureties to be approved by
the Board of County Commissioners, conditioned for the proper and
legitimate use of said weapons.
(b) All licenses issued shall contain the following
printed statement: "This permit is valid only in Monroe County."
(c) Licenses are valid only for that specific weapon
or weapons listed on the application.
(d) Applicants who are approved must pay a license
issuance fee of $5.00 upon receipt of license.
Section 8. Expiration. Expiration dates shall be indi-
cated on the license and in no case shall exceed two (2) years.
Special license can, and may, be issued for a shorter period under
special circumstances.
Page 3 of 5 Pages
Section 9. Renewal.
(a) Renewal of licenses shall be gained by the same regu-
lations as original application, to include a new fingerprint card
and photograph.
(b) Renewal must be requested sixty (60) days prior to
the expiration date of current license and shall require only a
$150.00 application fee.
(c) Renewal applications filed after the expiration date
of current license shall require both the $150.00 application fee,
and the $100.00 investigation fee, and must be investigated by the
State Attorney's Office.
Section 10. Suspension/Revocation.
(a) In the event charges of commission of a misdemeanor
and/or felony are preferred against any permittee hereunder, then
and in that event, the proper filing of said charges shall operate
to suspend permittee's license granted hereunder until such time as
said charge or charges are dismissed or withdrawn by the proper
authorities.
(b) In the event of a conviction of permittee by a court
of competent jurisdiction of the commission of a misdemeanor or
felony, then and in that event, permittee's license shall be auto-
matically revoked.
(c) Upon good cause shown that the permittee is no longer
of good moral character or has engaged in activities that indicate
to the Board of County Commissioners irresponsible behavior, such
permit may be removed prior to the expiration date thereon, pro-
vided however that:
(1) The permittee shall be notified by mail of
any intention of the Board of County Com-
missioners to revoke such permit previously
issued and the reasons therefore.
(2) The permittee shall be apprised of the public
hearing date wherein the Board of County Com-
missioners will consider revocation of such
Page 4 of 5 Pages
permit and said permittee may therein pro-
duce evidence or testimony to said Board of
County Commissioners that the permittee should
be allowed to retain such permit. However,
failure of the permittee to appear before the
Board at such revocation hearing shall not
prevent the Board from considering and acting
upon the revocation.
(3) Upon a majority vote of the Board to revoke a
permit previously issued, such permit shall
automatically become void, and notice of the
Board's decision shall be forwarded by mail to
the permittee.
(4) All law enforcement agencies shall be notified
of such revocation of any permit granted by
the Board.
Section 11.
Severability.
If any section, sub-section,
sentence, clause or provision of this Ordinance is held invalid,
the remainder of this Ordinance shall not be affected by such in-
validity.
Section 12.
Effective Date.
This Ordinance shall take
effect immediately upon receipt of official notice from the Office
of the Secretary of State of the State of Florida that this Ordi-
nance has been filed with said Office.
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
By/Z-4~~~~!2~
~ ayo an C a~rma
Att~sf:
(Seal)
ADOPTED:
December 6, 1977
I HEREBY CERTIFY that this document
has been reviewed for legal suffi-
ciency and that the same meets with
my a~al. ~
By ~A~
, Attorney's Office
Eage 5 of 5 Pages
PROCEDURE FOR OBTAINING AN ORIGINAL CONCEALED WEAPONS PERMIT
THE RESPONSIBILITIES OF THE APPLICANT ARE AS FOLLOWS:
1.
Obtain the necessary forms from the office of the County
Clerk, Monroe County Courthouse, 500 Whitehead Street,
Key West, Florida.
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2. Complete and have netarized the application and three (3)
reference affidavit. forms. Employers and employees of the
applicant or blood relatives of the applicant are not quali-
fied for reference affidav~ts.
3. Present the application and reference affidavits in person
to the County Clerk between the hours of 8:30 A.M. and
5:00 P.M., with the required fee of $250.00.
4. Applicant shall submit a notarized affidavit attesting to
the-necessity for the carrying of a concealed firearm. If
the-applicant is not self-employed, the employer must submit
an additional affidavit pertaining to applicant's necessity
for carrying a firearm. II self-employed, only one affidavit
is necessary. ALSO FURNISH A COPY OF ALL MONORE. COUNTY
OCCUPATIONAL LICENSES.
5.
6.
Submit to fingerprinting and photographing.
Applicant shall post a ~ond in the penal sum of $100.00
prior to the issuance of a firearm license. Do not get the
bond until your license has been approved.
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7. You will be advised of the date and time to appear before
the Board of County' Commissioners.
ANSWER ALL QUESTIONS OF APPLICATION IF APPLICABLE; IF NOT, SO STATE.
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Make application for renewal 60 days prior to expiration date.
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REFERENCE AFFIDAVIT
FOR CONCEALED WEAPONS PERMIT
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Mr,
Mrs.
Miss, , has submitted an application for a permit to Carry Firearms,
Your name has been submitted by the applicant as a reference, Read all questions careful!y and type all answers
in full deta.!,
...
NAME (Affiant)
RACE
DATE OF BIRTH .
AGE
LEGAL RESIDENCE
CITY
ST A TE
PHONE NO,
HAVE YOU .EVER BEEN KNOWN BY ANY OTHER NAME?
YES
NO
IF YES, PLEASE LIST
CITIZEN OR ALIEN
COUNTRY OF BIRTH
NA TURALIZED-DA TE-COURT
WHERE PAPERS ARE FILED
Reg. No.
LIST YOUR PREVIOPS ADDRESSES FOR THE PAST TWO (2) YEARS IF NOT SAME AS ABOVE,
FROM TO
RESIDENCE
CITY AND ST ATE
I
LIST YOUR EMPLOYMENT FOR THE PAST TWO n)' YEARS
FROM TO NAME OF FIRM ADDRESS I PHONE NO. JOB TITLE
..
WERE YOU EVER ARRESTED, INDICTED, OR' CONVICTED FOR ANY CRIME OR OFFENSE, IN ANY
FEDERAL, STATE, OR LOCAL JURISDICTION? . YES . NO' IF YES, LIST THE FOLLOWING
INFORMATION: /'
DATE
CHARGE
LOCATION
COURT DISPOSITION
POLICE AGENCY
I
,
HAVE YOU EVER HAD ANY LICENSE OR PERMIT OF ANY KIND, SUSPENDED, DENIED, OR REVOKED
BY ANY AGENCY, FEDE~AL, STATE OR. LOCAL? YES NO
IF YES, EXPLAIN
'FURNISH THE FOLLOWING INFORMATION CONCERNING APPLICANT TO THE BEST OF YOUR ~BILITY
,LENGTH OF TIME APPLICANT KNOWl':J -r:O YOU
NAME OR NAMES YOU HAVE KNOWN APPLICANT BY:
1.
2.
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j\PPLICANT'S ADDRESS
EMPLOYED BY
EMPLOYMENT ADDRESS
, .
WAS APPLICANT EVER IN YOUR EMPLOYMENT?
YES
NO
IF YES, LIST DATES:
FROM
TO
ARE YOU ASSOCIATED WITH APPLICANT IN ANV BUSINESS RELATIONSHIP?
IF YES, STATE WHAT
~
YES_ RELA TIONSHIP-
NO_
~IST EVERY BUSINESS KNOWN TO YOU IN WHICH'APPLICANT HAS AN INTEREST:
ARE YOU RELATED TO APPLICANT BY BLOOD OR MARRIAGE?
NAME OF BUSINESS
ADDRESS
TYPF. OF RIJC;:TNFC:;C;:
HAS THE APPLICANT EVER BEEN ARRESTED OR INDICTED TO THE BEST OF YOUR KNOWLEDGE?
YES NO
, IS APPLICANT A CITIZEN OR ALIEN?
DOES APPLICANT NOW ,OR DID HE EVER SUFFER FORM ANY PHYSICAL DEFECT OR SICKNESS
WHICH WOULD HANDICAP HIM IN HANDLING A PISTOL OR REVOLVER? .YES NO
IF YES, GIVE DETAILS:
HAS APPLICANT EVER HAD OR BEEN EXAMINED FOR OR BEEN TREATED OR CONFINED FOR
A NERVOUS OR MENTAL DISORDER BY A PRIVATE PHYSIqAN, OR AT A CLINIC,' HOSPITAL
SANITARIUM OR INSTITUTION? YES NO
AFFIANT'S OPINION OF APPLICANT
STATE OF FLORIDA )
COUNTY OF DADE )
I, ,BEING DULY SWORN DISPOSE AND SAY THAT
I PERSONALLY READ AND ANSWERED EACH AND EVERY Q1!ESTION, AND I DO SOL~MNLY SWEAR
THAT EACH AND EVERY ANSWER IS TRUE TO THE BEST OF MY KNOWLEDGE AND, WITHOUT RE-
SERVATION RECOMMEND THE AF.OREMENTIONED APPLICANT FOR A PERMIT TO, CARRY A FIRt::'-
ARM,
S.S,
SIGNATURE OF AFFIANT
SWORN TO BEFORE ME THIS
DA Y OF
19
NOTARY PUBLIC, STATE OF FLORIDA AT LARGE
NOT ARY ADDRESS
NOT ARY TELEPHONE NO.
MY COMMIS$ION EXPIRES:
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MONROE COUNTY, FLORIDA
BOND FOR CARRYING FIREARMS
STATE OF FLORIDA )
) SS:
COUNTY OF MONROE )
...
KNOW ALL MEN BY THESE PRESENTS, THAT
as Principal and
as S~rety, are held and firmly bound
unto the Governor of the State of Florida, and his successors in
office, and to Monroe County, a political subdivision.of the State
of Florida, severally, in the sum of One Hundred ($100.00) Dollars
lawful money of the United States of America, for the payment of
which the principal and surety' bind themselves, their heirs, execu-
tors, administrators, successors and assigns, jointly' and severally
firmly by these presents.
SIGNED,_ sealed 'and dated this
day of
19
-
WHEREAS, the principal aforesaid has filed an application for
a license to carry a certain firearm described as follows:
Kind of Weapon:
Manufactured by:
Serial Number:
./"
Caliber:
AND WHEREAS, such license has been granted for the period of
, .
year(s), subject to full compliance with the provisions of all
laws and ordinances.
.
MONROE COUNTY, FLORIDA
~OND FOR CARRYING FIREARMS
Page 2
NOW, THEREFORE, the condition of the foregoing, obligation is
such that if the said Principal shall make only proper and legiti-
mate use of such weapon or firearm, and shall indemnify the said
obligees for all loss or damage by reason of the failure of~the
Principal to comply with. any of the provisions of s~id application,
license, and applicable iaws or ordinances, then this obligation
shall be void; otherwise it shall remain in full force and effect.
IN WITNESS WHE~OF, The said Principal and Surety have caused
these presents to be executed the day. and year written.
Signed, sealed and delivered in
the presence of:
(Seal)
(Witnesses a,s to Principal),
By:
Attorney-in-fact
Resident Agent "Surety"
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PROPOSED FORM
APPLICATION FOR PISTOL PERMIT
ATTACH PHOTOGRAPH
'. HERE
DATE
. NAME
FIRST
MIDDLE
...
LAST
PRESENT ADDRESS
SOCIAL SECURITY NO.
WEIGHT
HEIGHT
PHONE
AGE
DATE OF BIRTH
PLACE OF BIRTH
U.S. CITIZEN
NATURALIZATION
CITIZEN BY BIRTH
NATURALIZATION ~ERTIFICATE NO.
COURT AND LOCATION
HOW LONG HAVE YOU.. BEEN A RESIDENT OF THE STATE OF FLORIDA?
MONROE COUNTY?
EMPLOYMENT (LAST 10 YEARS STARTING WITH PRESENT EMPLOYER. ACCOUNT ALSO FOR
PERIODS OF UNEMPLOYMENT. ATTACH ADDITIONAL SHEETS IF NECESSARY.)
NAME & ADDRESS
IMMEDIATE SUPV.
FROM/TO
TYPE OF WORK
./
PREVIOUS ADDRESSES FOR LAST 10 YEARS STARTING WITH PRESENT ADDRESS
ADDRESS
, INDICATE APARTMENT OR HOME
FROM/TO
.
MILITARY SERVICE:
YES
NO
SERIAL NO.
TYPE .OF'DISCHARGE
BRANCH
FROM
TO
LIST SIX (6) PERSONAL REFERENCES
FULL NAME
ADDRESS/CITY
OCCUPATION
.
TELEPHONE YEARS KNOWN
...
SINCE YOUR 15TH BIRTHDAY HAVE YOU BEEN ARRESTED (OTHER THAN MINOR TRAFFIC
VIOLATIONS)?
OFFENSE
LOCATION
DATE
DISPOSITION
ARE YOU CURRENTLY UNDER ANY MEDICATION?
NATURE OF THE MEDICATION
IF YES, LIST BELOW THE
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DO YOU HAVE ANY PHYSICAL DISABILITIES?
ABILITIES:
IF YES, SPECIFY SUCH DIS-
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LIST THE NAMES OF ANY MEDICAL DOCTORS WHO HAVE TREATED OR EXAMINED YOU WITHIN
THE LAST 10 YEARS.
NATURE OF EXAMI-
NATION OR TREATMENT
PHYSICIAN
ADDRESS
'PHONE NO.
.
HAVE YOU HAD OR DO YOU HAVE ANY PROBLEMS RELATING TO ALCOHOLISM?
IF YES, EXPLAIN
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HAVE YOU EVER RECEIVED TREATMENT OR CONSULTATION WITH A PSYCHIATRIST OR
PSYCHOLOGIST? IF YES, PLEASE LIST BELOW THE NAME OF THE
PSYCHIATRIST OR PSYCHOLOGIST AND PROVIDE THE REQUESTED INFORMATION.
DATE & REASON
FOR TREATMENT '
NAME
ADDRESS
PHONE
-
HAVE YOU EVER BEEN ADJUDICATED 'INCOMPETENT?
LISTING DATES AND APPROPRIATE COURT REFERENCES,
IF YES, PLEASE EXPLAIN
LIST BELOW FIVE (5) INDIVIDUALS WHO RESIDE ADJACENT OR ABUTTING TO YOUR
CURRENT RESIDENCE~
NAME
ADDRESS
PHONE NO.
.. . . .
REASON FOR DESIRING WEAPON (PRIVATE INVESTIGATOR'S LICENSE NO. IF APP~ICABLE).,
KIND OF WEAPON: MANUFACTURER
CALIBER
SERIAL NO.
BY THIS APPLICATION I HEREBY CERTIFY'AND REPRESENT THAT SAID WEAPON FOR WHICH
THE ABOVE PERMIT IS APPLIED S.~L BE USED ONLY FOR PROPER AND LEGITIMATE
PURPOSES. FURTHER, IN EXECUTING THIS FORM, I UNDERSTAND THAT THE PERMIT
. .
AND CONSIDERATION GIVEN IS PREDICATED UPON THE TRUTHFULNESS OF THE STATEMENTS
HEREIN CONTAINED. I HEREIN GIVE MY CONSENT TO MONROE COUNTY, THE STATE
ATTORNE~'S OFFICE OR THE MONROE COUNTY SHERIFF'S OFFICE TO INVESTIGATE THE
TRUTHFULNESS OF MY RESPONSES MADE IN THIS APPLICATION. FURTHER, I HEREBY
CONSENT AND WAIVE ANY CONFIDENTIALITY OF ANY MEDICAL RECORDS, PHYSICALS, OR
MENTAL EXAMINATIONS OR RECORDS, REQUESTED BY THE MONROE COUNTY STATE
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ATTORNEY OR THE MONROE COUNTY SHERIFF'S OFFICE. I FURTHER CONSENT TO THE
PUBLISHING OF THIS REQUEST FOR A CONCEALED '~APON IN ANY LOCAL MONROE
CO~TY NEWSPAPER.
APPLICANT ...
STATE OF FLORIDA )
COUNTY OF MONROE )-
SS
PERSONALLY APPEARED BEFORE ME, THE UNDERSIGNED AUTHORITY,
, WHO .BEING DULY S~ORN, DEPOSES
AND STATES THAT T~E ABOVE ANSWERS ARE TRUE AND CORRECT TO THE BEST OF H
KNOWLEDGE, INFORMATION AND BELIEF.
SWORN TO AND SUBSCRIBED BEFORE ME
THIS DAY OF 1977.
NOTARY PUBLIC - STATE OF FLORIDA ~
AT LARGE
MY COMMISSION EXPIRES:
'-
OFFICE USE ONLY
DATE APPROVED:
EXPIRATION DATE:
COMMENTS:
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NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
).
NOTICE IS HEREBY GIVEN TO WHOM IT HAY CONCERN that on
Tuesday, November 15, 1977, at 1:00 P.M. at the Monroe County
Sub-Courthouse, Marathon, Florida, and Tuesday, November 22, 1977,
at 1:00 P.M. at the Monroe County Sub-Courthouse, Plantation Key,
Monroe County, Florida, intends to consider the adoption of the
following County Ordinance:
ORDINANCE NO.
-1977
AN ORDINANCE REGULATING THE ISSUANCE OF LICEN-
SES TO CARRY CONCEALED PISTOLS ON THE PERSON
'VJITHIN MONROE COUNTY, FLORIDA; PROVIDING FOR
UNIFORM POLICY lu'\JD PROCEDURE FOR THE ISSUANCE
OF LICENSES; PROVIDING FOR SEVERABILITY; PRO-
VIDING AN EFFECTIVE DATE.
DATED at Key West, Florida, this 21st day of October, A.D.
1977.
RALPH T^T. ~ffiITE
Clerk of the Circuit Court of
Monroe County, Florida, and
ex officio Clerk of the Board
of County Commissioners of
Monroe County, Florida
( SEAL)
Publish: October 25, 1977
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$5tttttatt! of $5tatt
STATE OF" F"LORIDA
THE CAPITOL
TALLAHASSEE 32304
BRUCE A. SMATHERS
SECRETARY OF" STATE
MARY L. SINGLETON
Director, Dlvl.lon of EIKtlon.
904/488.7690
December 14, 1977
Honorable Ralph White
Clerk of the Circuit Court
Post Office Box 1680
Key West, Florida 33040
Dear Mr. White:
Pursuant to the provisions of Section 125, 66 Florida Statutes, this wi II
acknowledge:
1./ 1 Receipt of your letter /s of December 9 and certified copy lies
~ of Monroe County Ordinance/s No/Nos. 77-22 through 77-25
1. Receipt of an original/Is and certified copy lies of
County Ordinance/s No. /Nos.
1. Receipt of
_County Ordinance/s relative to:
V 2. We have filed this /these ordinance /s in this office December 14
, 1977.
2. We have numbered this ordinance/s
fi led in this office
1977.
and was/were
Cordia lly,
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Chief, ureau of Laws ~