Florida Senate - 2017                                     SB 908
       
       
        
       By Senator Baxley
       
       
       
       
       
       12-01231-17                                            2017908__
    1                        A bill to be entitled                      
    2         An act relating to licenses to carry concealed weapons
    3         or firearms; amending s. 311.12, F.S.; authorizing
    4         persons holding licenses to carry concealed weapons or
    5         firearms to carry concealed weapons or firearms in
    6         secure and restricted areas of seaports; amending s.
    7         790.06, F.S.; deleting restrictions on places where
    8         persons holding licenses to carry concealed weapons or
    9         firearms may carry such weapons or firearms; amending
   10         s. 790.115, F.S.; authorizing persons holding licenses
   11         to carry concealed weapons or firearms to carry
   12         concealed weapons or firearms at school-sponsored
   13         events or on school property; amending s. 790.145,
   14         F.S.; authorizing persons holding licenses to carry
   15         concealed firearms to carry concealed firearms in
   16         pharmacies; amending s. 790.251, F.S.; conforming
   17         provisions to changes made by the act; providing an
   18         effective date.
   19          
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Paragraph (b) of subsection (3) of section
   23  311.12, Florida Statutes, is amended to read:
   24         311.12 Seaport security.—
   25         (3) SECURE AND RESTRICTED AREAS.—Each seaport listed in s.
   26  311.09 must clearly designate in seaport security plans, and
   27  clearly identify with appropriate signs and markers on the
   28  premises of a seaport, all secure and restricted areas as
   29  defined by 33 C.F.R. part 105.
   30         (b) The seaport must provide clear notice of the
   31  prohibition against possession of concealed weapons and other
   32  contraband material on the premises of the seaport. Any person
   33  in a restricted area who has in his or her possession a
   34  concealed weapon, or who operates or has possession or control
   35  of a vehicle in or upon which a concealed weapon is placed or
   36  stored, commits a misdemeanor of the first degree, punishable as
   37  provided in s. 775.082 or s. 775.083. This paragraph does not
   38  apply to active-duty certified federal or state law enforcement
   39  personnel, persons licensed to carry concealed weapons or
   40  firearms under s. 790.06, or persons so designated by the
   41  seaport director in writing.
   42         Section 2. Subsection (12) of section 790.06, Florida
   43  Statutes, is amended to read:
   44         790.06 License to carry concealed weapon or firearm.—
   45         (12)(a)A license issued under this section does not
   46  authorize any person to openly carry a handgun or carry a
   47  concealed weapon or firearm into:
   48         1.Any place of nuisance as defined in s. 823.05;
   49         2.Any police, sheriff, or highway patrol station;
   50         3.Any detention facility, prison, or jail;
   51         4.Any courthouse;
   52         5.Any courtroom, except that nothing in this section would
   53  preclude a judge from carrying a concealed weapon or determining
   54  who will carry a concealed weapon in his or her courtroom;
   55         6.Any polling place;
   56         7.Any meeting of the governing body of a county, public
   57  school district, municipality, or special district;
   58         8.Any meeting of the Legislature or a committee thereof;
   59         9.Any school, college, or professional athletic event not
   60  related to firearms;
   61         10.Any elementary or secondary school facility or
   62  administration building;
   63         11.Any career center;
   64         12.Any portion of an establishment licensed to dispense
   65  alcoholic beverages for consumption on the premises, which
   66  portion of the establishment is primarily devoted to such
   67  purpose;
   68         13.Any college or university facility unless the licensee
   69  is a registered student, employee, or faculty member of such
   70  college or university and the weapon is a stun gun or nonlethal
   71  electric weapon or device designed solely for defensive purposes
   72  and the weapon does not fire a dart or projectile;
   73         14.The inside of the passenger terminal and sterile area
   74  of any airport, provided that no person shall be prohibited from
   75  carrying any legal firearm into the terminal, which firearm is
   76  encased for shipment for purposes of checking such firearm as
   77  baggage to be lawfully transported on any aircraft; or
   78         15.Any place where the carrying of firearms is prohibited
   79  by federal law.
   80         (a)(b) A person licensed under this section shall not be
   81  prohibited from carrying or storing a firearm in a vehicle for
   82  lawful purposes.
   83         (b)(c) This section does not modify the terms or conditions
   84  of s. 790.251(7).
   85         (d)Any person who knowingly and willfully violates any
   86  provision of this subsection commits a misdemeanor of the second
   87  degree, punishable as provided in s. 775.082 or s. 775.083.
   88         Section 3. Subsection (2) of section 790.115, Florida
   89  Statutes, is amended to read:
   90         790.115 Possessing or discharging weapons or firearms at a
   91  school-sponsored event or on school property prohibited;
   92  penalties; exceptions.—
   93         (2)(a) A person shall not possess any firearm, electric
   94  weapon or device, destructive device, or other weapon as defined
   95  in s. 790.001(13), including a razor blade or box cutter, except
   96  as authorized in support of school-sanctioned activities, at a
   97  school-sponsored event or on the property of any school, school
   98  bus, or school bus stop; however, a person may carry a firearm:
   99         1. In a case to a firearms program, class or function which
  100  has been approved in advance by the principal or chief
  101  administrative officer of the school as a program or class to
  102  which firearms could be carried;
  103         2. In a case to a career center having a firearms training
  104  range; or
  105         3. In a vehicle pursuant to s. 790.25(5); except that
  106  school districts may adopt written and published policies that
  107  waive the exception in this subparagraph for purposes of student
  108  and campus parking privileges; or
  109         4.If the person is licensed to carry a concealed weapon or
  110  firearm under s. 790.06.
  111  
  112  For the purposes of this section, “school” means any preschool,
  113  elementary school, middle school, junior high school, secondary
  114  school, career center, or postsecondary school, whether public
  115  or nonpublic.
  116         (b) A person who willfully and knowingly possesses any
  117  electric weapon or device, destructive device, or other weapon
  118  as defined in s. 790.001(13), including a razor blade or box
  119  cutter, except as authorized in support of school-sanctioned
  120  activities, in violation of this subsection commits a felony of
  121  the third degree, punishable as provided in s. 775.082, s.
  122  775.083, or s. 775.084.
  123         (c)1. A person who willfully and knowingly possesses any
  124  firearm in violation of this subsection commits a felony of the
  125  third degree, punishable as provided in s. 775.082, s. 775.083,
  126  or s. 775.084.
  127         2. A person who stores or leaves a loaded firearm within
  128  the reach or easy access of a minor who obtains the firearm and
  129  commits a violation of subparagraph 1. commits a misdemeanor of
  130  the second degree, punishable as provided in s. 775.082 or s.
  131  775.083; except that this does not apply if the firearm was
  132  stored or left in a securely locked box or container or in a
  133  location which a reasonable person would have believed to be
  134  secure, or was securely locked with a firearm-mounted push
  135  button combination lock or a trigger lock; if the minor obtains
  136  the firearm as a result of an unlawful entry by any person; or
  137  to members of the Armed Forces, National Guard, or State
  138  Militia, or to police or other law enforcement officers, with
  139  respect to firearm possession by a minor which occurs during or
  140  incidental to the performance of their official duties.
  141         (d) A person who discharges any weapon or firearm while in
  142  violation of paragraph (a), unless discharged for lawful defense
  143  of himself or herself or another or for a lawful purpose,
  144  commits a felony of the second degree, punishable as provided in
  145  s. 775.082, s. 775.083, or s. 775.084.
  146         (e) A person The penalties of this subsection shall not
  147  apply to persons licensed under s. 790.06. Persons licensed
  148  under s. 790.06 shall be punished as provided in s. 790.06(12),
  149  except that a licenseholder who unlawfully discharges a weapon
  150  or firearm on school property as prohibited by this subsection
  151  commits a felony of the second degree, punishable as provided in
  152  s. 775.082, s. 775.083, or s. 775.084.
  153         Section 4. Paragraph (c) of subsection (2) of section
  154  790.145, Florida Statutes, is amended to read:
  155         790.145 Crimes in pharmacies; possession of weapons;
  156  penalties.—
  157         (2) The provisions of this section do not apply:
  158         (c) To any person licensed to carry a concealed weapon or
  159  firearm under s. 790.06.
  160         Section 5. Subsection (7) of section 790.251, Florida
  161  Statutes, is amended to read:
  162         790.251 Protection of the right to keep and bear arms in
  163  motor vehicles for self-defense and other lawful purposes;
  164  prohibited acts; duty of public and private employers; immunity
  165  from liability; enforcement.—
  166         (7) EXCEPTIONS.—The prohibitions in subsection (4) do not
  167  apply to:
  168         (a)Any school property as defined and regulated under s.
  169  790.115.
  170         (a)(b) Any correctional institution regulated under s.
  171  944.47 or chapter 957.
  172         (b)(c) Any property where a nuclear-powered electricity
  173  generation facility is located.
  174         (c)(d) Property owned or leased by a public or private
  175  employer or the landlord of a public or private employer upon
  176  which are conducted substantial activities involving national
  177  defense, aerospace, or homeland security.
  178         (d)(e) Property owned or leased by a public or private
  179  employer or the landlord of a public or private employer upon
  180  which the primary business conducted is the manufacture, use,
  181  storage, or transportation of combustible or explosive materials
  182  regulated under state or federal law, or property owned or
  183  leased by an employer who has obtained a permit required under
  184  18 U.S.C. s. 842 to engage in the business of importing,
  185  manufacturing, or dealing in explosive materials on such
  186  property.
  187         (e)(f) A motor vehicle owned, leased, or rented by a public
  188  or private employer or the landlord of a public or private
  189  employer.
  190         (f)(g) Any other property owned or leased by a public or
  191  private employer or the landlord of a public or private employer
  192  upon which possession of a firearm or other legal product by a
  193  customer, employee, or invitee is prohibited pursuant to any
  194  federal law, contract with a federal government entity, or
  195  general law of this state.
  196         Section 6. This act shall take effect July 1, 2017.