Florida Senate - 2017                                     SB 622
       
       
        
       By Senator Steube
       
       23-00711-17                                            2017622__
    1                        A bill to be entitled                      
    2         An act relating to concealed weapons or firearms;
    3         amending s. 790.06, F.S.; prohibiting a concealed
    4         weapons or concealed firearms licensee from carrying a
    5         concealed weapon or firearm into any athletic event
    6         for a K-12 school, college, or university which is not
    7         related to firearms; authorizing a concealed weapons
    8         or concealed firearms licensee to carry a concealed
    9         weapon or firearm into any college or university
   10         facility; deleting an exception authorizing a student,
   11         employee, or faculty licensee to carry specified
   12         nonlethal weapons; amending s. 790.115, F.S.;
   13         conforming a provision to changes made by the act;
   14         conforming a cross-reference; amending s. 1001.64,
   15         F.S.; authorizing each board of trustees of Florida
   16         College System institutions to place restrictions on
   17         the unlawful use or possession of firearms or weapons;
   18         amending s. 1001.706, F.S.; authorizing the Board of
   19         Governors to place restrictions on the unlawful use or
   20         possession of firearms or weapons; providing an
   21         effective date.
   22          
   23  Be It Enacted by the Legislature of the State of Florida:
   24  
   25         Section 1. Subsection (12) of section 790.06, Florida
   26  Statutes, is amended to read:
   27         790.06 License to carry concealed weapon or firearm.—
   28         (12)(a) A license issued under this section does not
   29  authorize any person to openly carry a handgun or carry a
   30  concealed weapon or firearm into:
   31         1. Any place of nuisance as defined in s. 823.05;
   32         2. Any police, sheriff, or highway patrol station;
   33         3. Any detention facility, prison, or jail;
   34         4. Any courthouse;
   35         5. Any courtroom, except that nothing in this section would
   36  preclude a judge from carrying a concealed weapon or determining
   37  who will carry a concealed weapon in his or her courtroom;
   38         6. Any polling place;
   39         7. Any meeting of the governing body of a county, public
   40  school district, municipality, or special district;
   41         8. Any meeting of the Legislature or a committee thereof;
   42         9. Any school, college, or professional athletic event not
   43  related to firearms or any athletic event for a K-12 school,
   44  college, or university which is not related to firearms;
   45         10. Any elementary or secondary school facility or
   46  administration building;
   47         11. Any career center;
   48         12. Any portion of an establishment licensed to dispense
   49  alcoholic beverages for consumption on the premises, which
   50  portion of the establishment is primarily devoted to such
   51  purpose;
   52         13. Any college or university facility unless the licensee
   53  is a registered student, employee, or faculty member of such
   54  college or university and the weapon is a stun gun or nonlethal
   55  electric weapon or device designed solely for defensive purposes
   56  and the weapon does not fire a dart or projectile;
   57         14. The inside of the passenger terminal and sterile area
   58  of any airport, provided that no person shall be prohibited from
   59  carrying any legal firearm into the terminal, which firearm is
   60  encased for shipment for purposes of checking such firearm as
   61  baggage to be lawfully transported on any aircraft; or
   62         14.15. Any place where the carrying of firearms is
   63  prohibited by federal law.
   64         (b) A person licensed under this section is not shall not
   65  be prohibited from carrying or storing a firearm in a vehicle
   66  for lawful purposes.
   67         (c) This section does not modify the terms or conditions of
   68  s. 790.251(7).
   69         (d) Any person who knowingly and willfully violates any
   70  provision of this subsection commits a misdemeanor of the second
   71  degree, punishable as provided in s. 775.082 or s. 775.083.
   72         Section 2. Subsection (2) of section 790.115, Florida
   73  Statutes, is amended to read:
   74         790.115 Possessing or discharging weapons or firearms at a
   75  school-sponsored event or on school property prohibited;
   76  penalties; exceptions.—
   77         (2)(a)1. A person may shall not possess any firearm,
   78  electric weapon or device, destructive device, or other weapon
   79  as defined in s. 790.001(13), including a razor blade or box
   80  cutter, except as authorized in support of school-sanctioned
   81  activities, at a school-sponsored event or on the property of
   82  any school, school bus, or school bus stop.; However, a person
   83  may carry a firearm:
   84         a.1. In a case to a firearms program, class, or function
   85  that which has been approved in advance by the principal or
   86  chief administrative officer of the school as a program or class
   87  to which firearms could be carried;
   88         b.2. In a case to a career center having a firearms
   89  training range; or
   90         c.3. In a vehicle pursuant to s. 790.25(5); except that
   91  school districts may adopt written and published policies that
   92  waive the exception in this subparagraph for purposes of student
   93  and campus parking privileges.
   94         2. The restrictions in subparagraph (a)1. do not apply at a
   95  college or university facility to the possession of a concealed
   96  weapon or firearm or electric weapon or device by a person who
   97  has a concealed weapon or firearm license.
   98  
   99  For the purposes of this section, “school” means any preschool,
  100  elementary school, middle school, junior high school, secondary
  101  school, career center, or postsecondary school, whether public
  102  or nonpublic.
  103         (b) A person who willfully and knowingly possesses any
  104  electric weapon or device, destructive device, or other weapon
  105  as defined in s. 790.001(13), including a razor blade or box
  106  cutter, except as authorized in support of school-sanctioned
  107  activities, in violation of this subsection commits a felony of
  108  the third degree, punishable as provided in s. 775.082, s.
  109  775.083, or s. 775.084.
  110         (c)1. A person who willfully and knowingly possesses any
  111  firearm in violation of this subsection commits a felony of the
  112  third degree, punishable as provided in s. 775.082, s. 775.083,
  113  or s. 775.084.
  114         2. A person who stores or leaves a loaded firearm within
  115  the reach or easy access of a minor who obtains the firearm and
  116  commits a violation of subparagraph 1. commits a misdemeanor of
  117  the second degree, punishable as provided in s. 775.082 or s.
  118  775.083; except that this does not apply if the firearm was
  119  stored or left in a securely locked box or container or in a
  120  location which a reasonable person would have believed to be
  121  secure, or was securely locked with a firearm-mounted push
  122  button combination lock or a trigger lock; if the minor obtains
  123  the firearm as a result of an unlawful entry by any person; or
  124  to members of the Armed Forces, National Guard, or State
  125  Militia, or to police or other law enforcement officers, with
  126  respect to firearm possession by a minor which occurs during or
  127  incidental to the performance of their official duties.
  128         (d) A person who discharges any weapon or firearm while in
  129  violation of subparagraph (a)1. paragraph (a), unless discharged
  130  for lawful defense of himself or herself or another or for a
  131  lawful purpose, commits a felony of the second degree,
  132  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  133         (e) The penalties of this subsection do shall not apply to
  134  persons licensed under s. 790.06. Persons licensed under s.
  135  790.06 shall be punished as provided in s. 790.06(12), except
  136  that a licenseholder who unlawfully discharges a weapon or
  137  firearm on school property as prohibited by this subsection
  138  commits a felony of the second degree, punishable as provided in
  139  s. 775.082, s. 775.083, or s. 775.084.
  140         Section 3. Subsection (5) of section 1001.64, Florida
  141  Statutes, is amended to read:
  142         1001.64 Florida College System institution boards of
  143  trustees; powers and duties.—
  144         (5) Each board of trustees shall have responsibility for
  145  the use, maintenance, protection, and control of Florida College
  146  System institution owned or Florida College System institution
  147  controlled buildings and grounds, property and equipment, name,
  148  trademarks and other proprietary marks, and the financial and
  149  other resources of the Florida College System institution. Such
  150  authority may include placing restrictions on activities and on
  151  access to facilities, the unlawful use or possession of firearms
  152  or weapons, food, tobacco, alcoholic beverages, distribution of
  153  printed materials, commercial solicitation, animals, and sound.
  154         Section 4. Paragraph (b) of subsection (7) of section
  155  1001.706, Florida Statutes, is amended to read:
  156         1001.706 Powers and duties of the Board of Governors.—
  157         (7) POWERS AND DUTIES RELATING TO PROPERTY.—
  158         (b) The Board of Governors shall develop guidelines for
  159  university boards of trustees relating to the use, maintenance,
  160  protection, and control of university-owned or university
  161  controlled buildings and grounds, property and equipment, name,
  162  trademarks and other proprietary marks, and the financial and
  163  other resources of the university. Such authority may include
  164  placing restrictions on activities and on access to facilities,
  165  the unlawful use or possession of firearms or weapons, food,
  166  tobacco, alcoholic beverages, distribution of printed materials,
  167  commercial solicitation, animals, and sound. The authority
  168  provided the board of trustees in this subsection includes the
  169  prioritization of the use of space, property, equipment, and
  170  resources and the imposition of charges for those items.
  171         Section 5. This act shall take effect July 1, 2017.