Florida became a constitutional-carry state for concealed firearms on July 1, 2023, when HB 543 of the 2023 Regular Session went into effect, codifying...
Reviewed by Will Luker, Founder of CCW Hub. USCCA Training Counselor, USCCA Certified Instructor, NRA Certified Instructor, Law Enforcement.
Florida became a constitutional-carry state for concealed firearms on July 1, 2023, when HB 543 of the 2023 Regular Session went into effect, codifying the permitless-carry authorization at Fla. Stat. § 790.013 and rewriting the carry rule in Fla. Stat. § 790.01. The new law allows any qualifying adult who is eligible for a Concealed Weapon or Firearm License (CWFL) under § 790.06 to carry a concealed firearm without obtaining the license. That eligibility floor included the § 790.06(2)(b) age requirement of 21 until June 17, 2026, when the Fourth District Court of Appeal held the paragraph facially unconstitutional as to 18- to 20-year-olds in Eubanks v. State, No. 4D2025-1698 (Fla. 4th DCA, June 17, 2026); the Attorney General did not seek further review, and FDACS now licenses applicants 18 and older. The CWFL remains available - and is still required for reciprocity in other states. HB 543 addressed only concealed carry; open carry was separately made lawful in September 2025, when the First DCA held § 790.053 unconstitutional in McDaniels v. State.
That is the headline. The rest of this section explains how the statutory rewrite actually works, who qualifies, what permitless carry covers and what it does not, why the CWFL still matters, and how Florida's constitutional-carry framework differs from the broader Texas model that often gets cited alongside it.
The Florida Legislature passed HB 543 during the 2023 Regular Session. Governor Ron DeSantis signed the bill on April 3, 2023, and the new framework took effect on July 1, 2023 as Chapter 2023-18, Laws of Florida. HB 543 did not create a new statute called the "Florida Constitutional Carry Act." It amended § 790.01 and added § 790.013, restructuring the existing concealed-carry framework so that a qualifying adult no longer needs a CWFL as a precondition to lawful concealed carry.
The mechanism mirrors the Texas approach in form: rather than declaring a new affirmative right, HB 543 narrowed the underlying offense in § 790.01 so that it does not reach a person who, although unlicensed, otherwise satisfies the CWFL eligibility floor. The CWFL clause sits at § 790.01(1)(a); the permitless-carry clause sits at § 790.01(1)(b). The two are alternatives - a person needs to satisfy only one.
Post-HB 543, § 790.01(1) reads as follows:
"A person is authorized to carry a concealed weapon or concealed firearm, as that term is defined in s. 790.06(1), if he or she: (a) Is licensed under s. 790.06; or (b) Is not licensed under s. 790.06, but otherwise satisfies the criteria for receiving and maintaining such a license under s. 790.06(2)(a)-(f) and (i)-(n), (3), and (10)."
That structure is the operative permitless-carry rule. § 790.01(1)(a) preserves the legacy CWFL pathway. § 790.01(1)(b) is the new permitless-carry pathway. Both use the same definition of "concealed weapon or concealed firearm" pulled from § 790.06(1) - handguns, electric weapons or devices, tear gas guns, knives, or billies - but excluding machine guns.
The penalty subsections of § 790.01 confirm the rewrite. § 790.01(2) makes it a first-degree misdemeanor to carry a concealed weapon or electric weapon without satisfying subsection (1); § 790.01(3) makes it a third-degree felony to carry a concealed firearm without satisfying subsection (1). And § 790.01(4) places the burden of proof on the State: in any prosecution under (2) or (3), the State must prove both that the defendant is unlicensed and that the defendant is ineligible under the § 790.06 criteria listed in § 790.01(1)(b). That is unusual. In most states the licensing pathway is an affirmative defense the defendant must raise. In Florida, after HB 543, ineligibility for permitless carry is an element of the offense.
Section 790.013, the companion statute added by HB 543, attaches two specific obligations to anyone carrying without a CWFL under § 790.01(1)(b):
"A person who carries a concealed weapon or concealed firearm without a license as authorized under s. 790.01(1)(b): (1) Must carry valid identification at all times when he or she is in actual possession of a concealed weapon or concealed firearm and must display such identification upon demand by a law enforcement officer. A violation of this subsection is a noncriminal violation punishable by a $25 fine, payable to the clerk of the court. (2) Is subject to s. 790.06(12) in the same manner as a person who is licensed to carry a concealed weapon or concealed firearm."
Two things matter here. First, the ID requirement is mandatory but the penalty is a $25 noncriminal fine, not a criminal charge. A permitless carrier who forgets a wallet does not commit a misdemeanor; the carrier pays a civil fine. Second, the entire prohibited-places list at § 790.06(12) - courthouses, polling places, schools and college facilities, the secured area of an airport, places primarily devoted to dispensing alcohol for on-premises consumption, government meetings, jails and police stations, and places where federal law forbids firearms - applies to permitless carriers identically to CWFL holders. HB 543 did not reduce the prohibited-places list. It extended it.
Florida's open-carry statute lives at § 790.053(1):
"Except as otherwise provided by law and in subsection (2), it is unlawful for any person to openly carry on or about his or her person any firearm or electric weapon or device. It is not a violation of this section for a person who carries a concealed firearm as authorized in s. 790.01(1) to briefly and openly display the firearm to the ordinary sight of another person, unless the firearm is intentionally displayed in an angry or threatening manner, not in necessary self-defense."
HB 543 left this provision untouched, so permitless carry under § 790.01(1)(b) was concealed carry. But § 790.053 no longer bars open carry: the First DCA held it unconstitutional in McDaniels v. State, No. 1D2023-0533 (Fla. 1st DCA, Sept. 10, 2025), and the Attorney General's Sept. 15, 2025 guidance directs law enforcement not to enforce it. Open carry is treated as lawful statewide for a law-abiding adult who may lawfully possess a firearm, subject to the prohibited-places list, § 790.115 school grounds, the § 790.10 improper-exhibition statute, and federal law. Section 790.053 has not been repealed, so what makes open carry safe to practice statewide is the Attorney General's non-enforcement direction rather than a change to the statute books; see OPEN_CARRY for the full posture. Open-carry legality flows from McDaniels and that guidance, not from the § 790.06 licensing criteria, so it is a separate question from the concealed-license age holding in Eubanks. The brief-and-incidental display carve-out at the end of § 790.053(1) mattered chiefly under the former ban.
You may carry a concealed firearm without a CWFL in Florida only if you satisfy every CWFL eligibility criterion in § 790.06(2) that § 790.01(1)(b) cross-references - "s. 790.06(2)(a)-(f) and (i)-(n), (3), and (10)." Read against § 790.06(2), that means you must:
The cross-reference also imports § 790.06(3) (denial for misdemeanor crimes of violence within the last 3 years) and § 790.06(10) (continuing-eligibility obligations).
What § 790.01(1)(b) does not cross-reference is also important: § 790.06(2)(g), the desire-to-carry-for-self-defense statement, and § 790.06(2)(h), the firearms-training competency demonstration. The Legislature deliberately excluded both. Permitless carriers are not required to complete any training course. That is a design choice with practical consequences.
If any cross-referenced criterion fails, permitless carry does not protect you. The fix is not "get a CWFL instead." The CWFL eligibility floor excludes the same prohibited persons. A § 790.23 felon cannot legally possess a firearm at all and cannot fix that with a license.
HB 543 itself authorized only permitless concealed carry; it did not amend § 790.053 or address open carry. For a time that meant walking down a Florida sidewalk with a holstered handgun in plain view was a second-degree misdemeanor. That is no longer the law. The First DCA struck § 790.053 in McDaniels (September 2025), and open carry by a qualifying adult is now lawful, subject to prohibited places, § 790.10 improper exhibition, and federal law.
This is why the Texas analogy needs a caveat. Texas HB 1927 authorized permitless open carry of a holstered handgun alongside permitless concealed carry through a single statute. Florida reached the same practical result in two steps: HB 543 (2023) for permitless concealed carry, and the McDaniels decision (2025) for open carry.
HB 543 stripped out the licensing requirement for concealed firearm carry. It left the rest of Florida firearms law intact. The following all still apply.
The prohibited-places list incorporated through § 790.013(2) covers police, sheriff, or highway patrol stations; detention facilities, prisons, and jails; courthouses and courtrooms; polling places; meetings of any local governing body or the Legislature; school, college, and professional athletic events; elementary and secondary school facilities and administration buildings; career centers; college and university facilities; portions of establishments licensed to dispense alcoholic beverages for on-premises consumption primarily devoted to that purpose; the passenger terminal and sterile area of any airport; and any place where carrying a firearm is prohibited by federal law.
Permitless carriers are subject to this list in full. Knowing and willful violation is a second-degree misdemeanor under § 790.06(12)(d), punishable as provided in § 775.082 and § 775.083.
Florida's school-premises statute, § 790.115, is a separate framework from the § 790.06(12) school-related entries. It carries its own prohibitions and exceptions and applies to all firearms regardless of carry mode or licensing status. HB 543 did not modify § 790.115. See the PROHIBITED_PLACES section for the full treatment.
§ 790.23 makes it a felony for a convicted felon, a person convicted of a misdemeanor crime of domestic violence, or certain other prohibited persons to possess a firearm at all. HB 543 did not touch § 790.23. A § 790.23-prohibited person who carries - concealed, open, with a CWFL, or as a permitless carrier - commits a separate felony.
18 U.S.C. § 922(g) continues to bar firearm possession by convicted felons, persons with qualifying domestic-violence misdemeanor convictions, persons subject to qualifying protective orders, fugitives, unlawful drug users, persons adjudicated mentally defective or committed to a mental institution, persons dishonorably discharged, persons who have renounced U.S. citizenship, and unlawful aliens. HB 543 cannot and did not alter those prohibitions.
The federal Gun-Free School Zones Act, 18 U.S.C. § 922(q), continues to apply and prohibits possession of a firearm within 1,000 feet of a K-12 school, with an exemption for license holders carrying within their issuing state. A Florida CWFL fits that exemption. Permitless-carry status does not. Permitless concealed carry inside Florida does not solve federal school-zone exposure; a CWFL does.
Constitutional carry does not override a private property owner's right to exclude firearms. A property owner who has communicated a no-firearms policy may exclude both CWFL holders and permitless carriers, and trespass exposure attaches to anyone who remains after notice.
The Florida CWFL is technically optional for in-state concealed carry by a qualifying adult. It is not optional for several adjacent purposes:
Treat the CWFL as optional for in-state concealed carry and effectively required for out-of-state travel, federal school-zone proximity, and NICS exemption at the point of purchase.
"Do I need to take a class to carry permitlessly?" No. HB 543 imposes no training requirement. The competency provisions in § 790.06(2)(h) apply only to CWFL applicants, and § 790.01(1)(b) deliberately omits paragraph (h) from the cross-reference. Training is voluntary by statute and necessary in fact.
"Do I need to carry ID?" Yes. § 790.013(1) requires valid identification when in actual possession of a concealed firearm under the permitless pathway, displayed on demand by a law enforcement officer. The penalty is a $25 noncriminal fine.
"Can I open carry in Florida?" Yes, as of September 2025. HB 543 did not amend § 790.053, but the First DCA held that ban unconstitutional in McDaniels, and the Attorney General directs law enforcement not to enforce it. Open carry is now lawful for anyone who may lawfully carry a firearm, subject to prohibited places, § 790.10 improper exhibition, and federal law.
"What about K-12 schools?" Off-limits. § 790.06(12) and § 790.115 both apply. Federal § 922(q) adds the 1,000-foot school zone for permitless carriers without a CWFL.
"Am I covered if I'm visiting from another state?" Nonresident carry runs through Fla. Stat. § 790.015, which sets its own terms: the visitor must be a U.S. resident 21 years of age or older and must either satisfy the § 790.06(2)(a)-(f) and (i)-(n), (3), and (10) criteria or carry a license issued in the state of residence. That 21-year-old requirement sits in § 790.015(1) itself rather than in § 790.06(2)(b), so Eubanks did not lower it, and the only carve-out is § 790.015(4) for a servicemember as defined in § 250.01 or a veteran discharged under honorable conditions. An 18- to 20-year-old visitor should not assume Florida's new 18-and-older licensing practice covers them. When you cross the state line on the return trip, your Florida carry status is not portable. See RECIPROCITY.
"What if I'm 18, 19, or 20?" As a Florida resident, permitless concealed carry is now available to you. § 790.06(2)(b) still reads 21, but Eubanks held it facially unconstitutional as to 18- to 20-year-olds and FDACS licenses applicants 18 and older, so an otherwise qualified 18-year-old may carry concealed with or without a CWFL. Three things did not change: you still cannot purchase a firearm under § 790.065(13); you still cannot rely on this if you are visiting from another state, because § 790.015(1) keeps its own 21-year-old floor; and open carry is governed by McDaniels and the Attorney General's guidance rather than by the licensing age, so Eubanks says nothing about it.
"Can I carry while drinking?" § 790.06(12) bars carry into the portion of any establishment licensed to dispense alcoholic beverages for on-premises consumption that is primarily devoted to that purpose, and § 790.013(2) extends that bar to permitless carriers. See the UNDER_INFLUENCE section for the broader framework.
| Question | Answer | Authority |
|---|---|---|
| Permitless concealed carry? | Yes, age 18+, CWFL-eligible under § 790.06(2)(a)-(f) and (i)-(n), (3), and (10). | Fla. Stat. § 790.01(1)(b); Eubanks (2026) |
| Open carry? | Treated as lawful statewide for law-abiding adults since McDaniels (2025); statute unrepealed, non-enforcement per AG guidance. | Fla. Stat. § 790.053 (held unconstitutional); McDaniels (2025); AG guidance 9/15/2025 |
| Effective date? | July 1, 2023. | HB 543, 2023 Reg. Sess.; Ch. 2023-18, Laws of Fla. |
| ID required on permitless carrier? | Yes. $25 noncriminal fine for noncompliance. | Fla. Stat. § 790.013(1) |
| Prohibited places apply to permitless carriers? | Yes - § 790.06(12) full list applies in the same manner as to CWFL holders. | Fla. Stat. § 790.013(2); § 790.06(12) |
| Permitless carry by 18-to-20-year-olds? | Yes, since June 17, 2026. § 790.06(2)(b) still reads 21 but was held facially unconstitutional as to that age group. | Fla. Stat. § 790.01(1)(b); § 790.06(2)(b); Eubanks (2026) |
| CWFL still issued? | Yes, by Department of Agriculture and Consumer Services. | Fla. Stat. § 790.06 |
| Burden of proving ineligibility for permitless carry? | On the State, as an element of the offense. | Fla. Stat. § 790.01(4) |
| Resident-only? | No, but nonresidents carry under § 790.015, which keeps its own 21-year-old floor (servicemember and honorably discharged veteran excepted). | Fla. Stat. § 790.01(1)(b); § 790.015(1), (4) |
| Federal prohibited persons covered? | No. 18 U.S.C. § 922(g) controls regardless of state law. | 18 U.S.C. § 922(g); Fla. Stat. § 790.23 |
| Federal school-zone exemption for permitless carriers? | No. CWFL holders only. | 18 U.S.C. § 922(q) |
| Out-of-state recognition? | Permitless status is not portable. CWFL is recognized by 30+ states under reciprocity. | Fla. Stat. § 790.06; receiving-state law |
| Penalty for unlicensed concealed weapon (ineligible person)? | First-degree misdemeanor (weapon) or third-degree felony (firearm). | Fla. Stat. § 790.01(2)-(3); § 775.082; § 775.083; § 775.084 |
| Training required? | No. § 790.01(1)(b) does not import § 790.06(2)(h). | Fla. Stat. § 790.01(1)(b) |
| Purchase age? | Unchanged. A person younger than 21 may not purchase a firearm. | Fla. Stat. § 790.065(13) |
| HB 543 scope? | Permitless concealed carry. Open carry is now lawful separately under McDaniels (2025). | Fla. Stat. § 790.01(1); McDaniels (2025) |
Florida permitless carry says one thing clearly: an adult who meets the CWFL eligibility floor under § 790.06(2) may carry a concealed firearm in Florida without a CWFL, provided the carrier carries valid ID. Since Eubanks (June 2026) that floor reaches 18-year-olds, though § 790.015(1) still requires a nonresident to be 21 and § 790.065(13) still bars purchase under 21. Everything else - the federal prohibitions, the § 790.06(12) prohibited-places list (imported through § 790.013(2)), the § 790.115 school-premises framework, the § 790.23 felon and domestic-violence possessor bar, the § 790.10 improper-exhibition statute, private-property posting rules, and the federal school-zone overlay - remains in full force. Treat the CWFL as optional for in-state concealed carry and effectively required for out-of-state travel, federal school-zone proximity, NICS exemption at the point of purchase, and access to the church-property carve-out at § 790.06(13). Treat training as voluntary by statute and necessary in fact. And remember how Florida got here: HB 543 (2023) made permitless carry concealed, the McDaniels decision (2025) made open carry lawful in practice for law-abiding adults subject to prohibited places, § 790.10 improper exhibition, and federal law, and Eubanks (2026) opened concealed carry and licensure to 18- to 20-year-olds. Three separate developments, three separate scopes. Do not let a student blend them.
This page covers one part of our Florida concealed carry guide.
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