Can a Florida special master carry a concealed firearm into the courtroom where they preside?

Plain-English summary

Attorney General Pam Bondi concluded that a special master who presides over quasi-judicial code-enforcement hearings is not a "judge" for purposes of the narrow courtroom-firearm exception in § 790.06(12)(a)5., Florida Statutes. Concealed-carry licensees are generally barred from bringing firearms into a courtroom, with one exception: the statute "would not preclude a judge from carrying a concealed weapon or determining who will carry a concealed weapon in his or her courtroom." The AG read "judge" in pari materia with the companion statute § 790.061, which lists the specific judicial offices entitled to relaxed licensure rules: county court judges, circuit court judges, DCA judges, justices of the supreme court, and federal district and circuit judges serving in Florida. A special master appointed by a county to conduct local code-enforcement hearings is not on that list, and the AG declined to read the term more broadly.

The opinion also leaned on two background canons of construction: that exceptions to general statutory prohibitions are read narrowly, and that the term "judge" should be interpreted consistent with Article V of the Florida Constitution, which vests the judicial power in a defined hierarchy of courts.

Currency note

This opinion was issued in 2016. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: What was the legal question?
A: A special master appointed for Lake County code-enforcement hearings asked whether the "judge" exception in § 790.06(12)(a)5. let him bring a concealed firearm into the room where he held those hearings.

Q: What did the AG conclude?
A: A special master was not a "judge" within the meaning of the courtroom exception. The exception applied only to those officers vested with judicial power under Article V of the Florida Constitution, the same set listed by name in § 790.061.

Q: Why did the AG read the exception so narrowly?
A: Two reasons. First, statutes that create exceptions to a general prohibition are read narrowly against the person trying to use the exception. Second, related statutes are read together; § 790.061 already supplies a precise list of judicial officers, and reading § 790.06(12)(a)5. consistently with that list keeps the two provisions aligned.

Q: Did the opinion address other quasi-judicial officers like administrative law judges or hearing officers?
A: Not directly, but the rationale extends. The AG anchored the term "judge" in Article V's enumeration of constitutional courts. Officers who derive their authority from local ordinances, administrative rules, or contractual appointment, rather than the judicial article of the constitution, would not fit the exception under this reasoning.

Q: Could a county or local code-enforcement board override the prohibition?
A: No. § 790.33 preempts firearm regulation to the state, and the courtroom prohibition itself is statewide. A local body cannot create its own carve-out for special masters or hearing officers it appoints.

Background and statutory framework

Florida law issues concealed-carry licenses through the Department of Agriculture and Consumer Services under § 790.06. The licensee must carry the license and ID at all times while armed. Section 790.06(12)(a) then lists places that are off limits even with a license, including a courthouse (paragraph 4) and a courtroom (paragraph 5). The courtroom prohibition contains the narrow saving clause for "a judge" to carry a concealed weapon into his or her own courtroom and to allow others to do so on a case-by-case basis.

Chapter 790 does not define "judge." The AG looked to § 790.061, the companion provision that exempts certain judges and justices from the standard licensure process and names the offices specifically: county, circuit, DCA, supreme court, and federal district and circuit judges sitting in Florida. The AG read the courtroom exception to track the same list, drawing additional support from a 1993 Florida AG opinion (AGO 93-29) which had concluded, on a different question, that the § 790.061 list was meant to be exhaustive.

The AG closed with two general canons of statutory construction: where statutory text is plain there is no room for "interpretation," and exceptions to general prohibitions must be construed strictly against the party seeking the exception. Both canons cut against extending the courtroom-firearm exception beyond constitutionally vested judges.

Citations

• § 790.06(12)(a), Fla. Stat. (concealed-carry prohibitions in courthouses and courtrooms)
• § 790.06(12)(a)5., Fla. Stat. (judge exception for concealed carry in own courtroom)
• § 790.061, Fla. Stat. (named judicial offices exempt from licensure provisions)
• Art. V, §§ 1, 3, 4, 5, 6, Fla. Const. (vesting and organization of the judicial branch)
• Op. Att'y Gen. Fla. 93-29 (federal judge licensure question; predecessor reading of § 790.061)
• Holly v. Auld, 450 So. 2d 217 (Fla. 1984) (plain meaning canon)
• Samara Dev. Corp. v. Marlow, 556 So. 2d 1097 (Fla. 1990) (narrow construction of statutory exceptions)

Source

• Landing page: https://www.myfloridalegal.com/ag-opinions/judges-special-masters-firearms
• Original PDF: https://www.myfloridalegal.com/print/pdf/node/1501

Original opinion text

Mr. Charles D. Johnson

Sellar, Sewell, Russ, Saylor & Johnson, P.A.

907 Webster Street

Leesburg, Florida 34748

RE: JUDGES – SPECIAL MASTERS – FIREARMS – whether a special master is a "judge" for purposes of carrying a firearm into his or her courtroom pursuant to s. 790.06(12)(a)5., Fla. Stat.

Dear Mr. Johnson:

You have asked for my opinion on substantially the following question:

Is a special master considered a "judge" as that term is used in section 790.06(12)(a)5., Florida Statutes, for purposes of carrying a concealed firearm into his or her courtroom?

In sum:

A special master is not a "judge" for purposes of carrying a concealed firearm into his or her courtroom pursuant to section 790.06(12)(a)5., Florida Statutes.

You have advised this office that you are the appointed Special Master for Lake County, Florida, and preside over quasi-judicial hearings involving matters related to violations of the Lake County Code and Land Use Development. You are requesting my opinion on whether you, as a special master, fall within the exception to the prohibition against carrying a concealed weapon in a courtroom which is extended to judges under section 790.06(12)(a)5., Florida Statutes.

The Department of Agriculture and Consumer Services is authorized by section 790.06, Florida Statutes, to issue licenses to carry concealed weapons or concealed firearms.[1] Any person in compliance with the licensure requirements may carry a concealed weapon, but must carry the license, and valid identification, at all times while in possession of the concealed weapon.[2]

However, section 790.06(12)(a), Florida Statutes, contains the following general prohibition and exception:

"(12)(a) A license issued under this section does not authorize any person to openly carry a handgun or carry a concealed weapon or firearm into:

• • *

4. Any courthouse;

5. Any courtroom, except that nothing in this section would preclude a judge from carrying a concealed weapon or determining who will carry a concealed weapon in his or her courtroom[.]" (e.s.)

Thus, the statute contains a specific, limited exception from the prohibition for a judge to carry a concealed weapon into his or her own courtroom.

Section 790.001, Florida Statutes, providing definitions to be used in construing Chapter 790, Florida Statutes, contains no definition of the term "judge." However, other provisions of the chapter also refer to judges and may be helpful in addressing your question.

Section 790.061, Florida Statutes, states that:

"Judges and justices; exceptions from licensure provisions.–A county court judge, circuit court judge, district court of appeal judge, justice of the supreme court, federal district court judge, or federal court of appeals judge serving in this state is not required to comply with the provisions of s. 790.06 in order to receive a license to carry a concealed weapon or firearm, except that any such justice or judge must comply with the provisions of s. 790.06(2)(h). The Department of Agriculture and Consumer Services shall issue a license to carry a concealed weapon or firearm to any such justice or judge upon demonstration of competence of the justice or judge pursuant to s. 790.06(2)(h)."

This office, in Attorney General Opinion 93-29, concluded that the language of section 790.061, Florida Statutes (1992 Supp.), which contains a limited exception from the licensure requirements of section 790.06, Florida Statutes, for certain judges, applied to state court judges only. The requestor of that opinion, a federal district court judge serving in this state, had asked whether he was exempt from the licensure provisions of the statute. While the statue was amended in 1995 to include both federal district court judges and federal court of appeals judges, Attorney General Opinion 93-29 relies on the legislative history for the original statute to determine that the exception was intended to apply strictly to state court judges and justices and did not encompass federal judges or otherwise reach outside the clear terms of the statute.

Likewise, it is my opinion that the term "judges" as it is used in section 790.06(12)(a)5., Florida Statutes, is intended to apply to those officers vested by the Florida Constitution with the judicial power of the state.[3] I read the term "judges" as used in section 790.06, Florida Statutes, providing for a license to carry concealed weapons or firearms, in pari materia with section 790.061, Florida Statutes, which excepts such judges from the requirement to comply with a number of those licensure requirements.[4] That is, a judge or justice as described in section 790.061, Florida Statutes, is not required to comply with the provisions of section 790.06 in order to receive a license to carry a concealed weapon or firearm [except to demonstrate competence with a firearm pursuant to the provisions of section 790.06(2)(h)] and is authorized to carry that concealed firearm into his or her courtroom while others may not.

The intent of section 790.06(12)(a)5., Florida Statutes, is clear. Where the language of a statue is unambiguous, the clearly expressed intent must be given effect and there is no room for construction.[5] Where the statute's language is plain, definite in meaning without ambiguity, it fixes the legislative intention so that interpretation and construction are not needed.[6]

Finally, I note that statutory exceptions to general prohibitions must be construed strictly against the one who attempts to take advantage of the exception[7] and that exceptions to statutes are to be strictly construed and limited to their intended purpose.[8] Thus, the statutory exception to the general prohibition against carrying concealed firearms into a courtroom which would allow a judge to do so, must be construed strictly and will not be read to extend to others such as special magistrates.

In sum, it is my opinion that a special master may not be considered a "judge" within the scope of section 790.06(12)(a)5., Florida Statutes, for purposes of carrying a concealed firearm into his or her courtroom.

Sincerely,

Pam Bondi

Attorney General

PB/tgh

[1] Section 790.06(1), Fla. Stat.

[2] Id.

[3] See s. 1, Art. V, Fla. Const. And see ss. 3, 4, 5, and 6, Art. V, Fla. Const., providing for the organization and jurisdiction of such courts.

[4] Related statutes should be read together so that they illuminate one another and are harmonized. See Ideal Farms Drainage Dist. v. Certain Lands, 19 So. 2d 234 (Fla 1944); State v. Haddock, 140 So. 2d 631 (Fla. 1st DCA 1962).

[5] Fine v. Moran, 77 So. 533, 536 (Fla. 1917); M.W. v. Davis, 756 So. 2d 90 (Fla. 2000).

[6] Osborne v. Simpson, 114 So. 543, 544 (Fla. 1927); Holly v. Auld, 450 So. 2d 217 (Fla. 1984).

[7] State v. Nourse, 340 So. 2d 966, 969 (Fla. 3d DCA 1976); Op. Att'y Gen. Fla. 99-11 (1999).

[8] See Samara Dev. Corp. v. Marlow, 556 So. 2d 1097 (Fla. 1990); Farrey v. Bettendorf, 96 So. 2d 889 (Fla. 1957); Coe v. Broward County, 327 So. 2d 69 (Fla. 4th DCA 1976), aff'd, 341 So. 2d 762 (Fla. 1976).