Florida Senate - 2018 SENATOR AMENDMENT
Bill No. CS for SB 7026
Ì313178:Î313178
LEGISLATIVE ACTION
Senate . House
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Floor: NC/2R .
03/03/2018 06:07 PM .
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Senator Rodriguez moved the following:
1 Senate Amendment (with title amendment)
2
3 Between lines 409 and 410
4 insert:
5 Section 9. Section 790.33, Florida Statutes, is repealed.
6 Section 10. Subsection (4) of section 790.251, Florida
7 Statutes, is amended to read:
8 790.251 Protection of the right to keep and bear arms in
9 motor vehicles for self-defense and other lawful purposes;
10 prohibited acts; duty of public and private employers; immunity
11 from liability; enforcement.—
12 (4) PROHIBITED ACTS.—No public or private employer may
13 violate the constitutional rights of any customer, employee, or
14 invitee as provided in paragraphs (a)-(e):
15 (a) No public or private employer may prohibit any
16 customer, employee, or invitee from possessing any legally owned
17 firearm when such firearm is lawfully possessed and locked
18 inside or locked to a private motor vehicle in a parking lot and
19 when the customer, employee, or invitee is lawfully in such
20 area.
21 (b) No public or private employer may violate the privacy
22 rights of a customer, employee, or invitee by verbal or written
23 inquiry regarding the presence of a firearm inside or locked to
24 a private motor vehicle in a parking lot or by an actual search
25 of a private motor vehicle in a parking lot to ascertain the
26 presence of a firearm within the vehicle. Further, no public or
27 private employer may take any action against a customer,
28 employee, or invitee based upon verbal or written statements of
29 any party concerning possession of a firearm stored inside a
30 private motor vehicle in a parking lot for lawful purposes. A
31 search of a private motor vehicle in the parking lot of a public
32 or private employer to ascertain the presence of a firearm
33 within the vehicle may only be conducted by on-duty law
34 enforcement personnel, based upon due process and must comply
35 with constitutional protections.
36 (c) No public or private employer shall condition
37 employment upon either:
38 1. The fact that an employee or prospective employee holds
39 or does not hold a license issued pursuant to s. 790.06; or
40 2. Any agreement by an employee or a prospective employee
41 that prohibits an employee from keeping a legal firearm locked
42 inside or locked to a private motor vehicle in a parking lot
43 when such firearm is kept for lawful purposes.
44 (d) No public or private employer shall prohibit or attempt
45 to prevent any customer, employee, or invitee from entering the
46 parking lot of the employer’s place of business because the
47 customer’s, employee’s, or invitee’s private motor vehicle
48 contains a legal firearm being carried for lawful purposes, that
49 is out of sight within the customer’s, employee’s, or invitee’s
50 private motor vehicle.
51 (e) No public or private employer may terminate the
52 employment of or otherwise discriminate against an employee, or
53 expel a customer or invitee for exercising his or her
54 constitutional right to keep and bear arms or for exercising the
55 right of self-defense as long as a firearm is never exhibited on
56 company property for any reason other than lawful defensive
57 purposes.
58
59 This subsection applies to all public sector employers,
60 including those already prohibited from regulating firearms
61 under the provisions of s. 790.33.
62
63 ================= T I T L E A M E N D M E N T ================
64 And the title is amended as follows:
65 Between lines 58 and 59
66 insert:
67 repealing s. 790.33, F.S., relating to preempting the
68 field of firearms and ammunition regulation; amending
69 s. 790.251, F.S.; conforming a cross-reference;