| 1 | A bill to be entitled |
| 2 | An act relating to regulation of weapons and firearms in |
| 3 | seaports; amending s. 790.001, F.S.; revising the |
| 4 | definition of "sterile area" to include that area of a |
| 5 | seaport passenger terminal to which access is controlled |
| 6 | by the inspection of persons and property in accordance |
| 7 | with a state-approved seaport security plan; amending s. |
| 8 | 790.06, F.S.; prohibiting the carrying of a concealed |
| 9 | weapon or firearm inside the passenger terminal and |
| 10 | sterile area of any seaport; providing a second degree |
| 11 | misdemeanor penalty for violation; amending s. 790.165, |
| 12 | F.S.; including seaports within nonapplicability |
| 13 | provisions with respect to specified unlawful activities |
| 14 | relating to hoax bombs; providing an effective date. |
| 15 |
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| 16 | Be It Enacted by the Legislature of the State of Florida: |
| 17 |
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| 18 | Section 1. Subsection (18) of section 790.001, Florida |
| 19 | Statutes, is amended to read: |
| 20 | 790.001 Definitions.--As used in this chapter, except |
| 21 | where the context otherwise requires: |
| 22 | (18) "Sterile area" means: |
| 23 | (a) The area of an airport to which access is controlled |
| 24 | by the inspection of persons and property in accordance with |
| 25 | federally approved airport security programs; or |
| 26 | (b) The area of a seaport passenger terminal to which |
| 27 | access is controlled by the inspection of persons and property |
| 28 | in accordance with a state-approved seaport security plan. |
| 29 | Section 2. Subsection (12) of section 790.06, Florida |
| 30 | Statutes, is amended to read: |
| 31 | 790.06 License to carry concealed weapon or firearm.-- |
| 32 | (12) No license issued pursuant to this section shall |
| 33 | authorize any person to carry a concealed weapon or firearm into |
| 34 | any place of nuisance as defined in s. 823.05; any police, |
| 35 | sheriff, or highway patrol station; any detention facility, |
| 36 | prison, or jail; any courthouse; any courtroom, except that |
| 37 | nothing in this section would preclude a judge from carrying a |
| 38 | concealed weapon or determining who will carry a concealed |
| 39 | weapon in his or her courtroom; any polling place; any meeting |
| 40 | of the governing body of a county, public school district, |
| 41 | municipality, or special district; any meeting of the |
| 42 | Legislature or a committee thereof; any school, college, or |
| 43 | professional athletic event not related to firearms; any school |
| 44 | administration building; any portion of an establishment |
| 45 | licensed to dispense alcoholic beverages for consumption on the |
| 46 | premises, which portion of the establishment is primarily |
| 47 | devoted to such purpose; any elementary or secondary school |
| 48 | facility; any area technical center; any college or university |
| 49 | facility unless the licensee is a registered student, employee, |
| 50 | or faculty member of such college or university and the weapon |
| 51 | is a stun gun or nonlethal electric weapon or device designed |
| 52 | solely for defensive purposes and the weapon does not fire a |
| 53 | dart or projectile; inside the passenger terminal and sterile |
| 54 | area of any airport, provided that no person shall be prohibited |
| 55 | from carrying any legal firearm into the terminal, which firearm |
| 56 | is encased for shipment for purposes of checking such firearm as |
| 57 | baggage to be lawfully transported on any aircraft; inside the |
| 58 | passenger terminal and sterile area of any seaport; or any place |
| 59 | where the carrying of firearms is prohibited by federal law. Any |
| 60 | person who willfully violates any provision of this subsection |
| 61 | commits a misdemeanor of the second degree, punishable as |
| 62 | provided in s. 775.082 or s. 775.083. |
| 63 | Section 3. Subsection (4) of section 790.165, Florida |
| 64 | Statutes, is amended to read: |
| 65 | 790.165 Planting of "hoax bomb" prohibited; penalties.-- |
| 66 | (2) Any person who, without lawful authority, |
| 67 | manufactures, possesses, sells, delivers, sends, mails, |
| 68 | displays, uses, threatens to use, attempts to use, or conspires |
| 69 | to use, or who makes readily accessible to others, a hoax bomb |
| 70 | commits a felony of the second degree, punishable as provided in |
| 71 | s. 775.082, s. 775.083, or s. 775.084. |
| 72 | (4) Subsection (2) does not apply to any law enforcement |
| 73 | officer, firefighter, person, or corporation licensed pursuant |
| 74 | to chapter 493, or member of the armed forces of the United |
| 75 | States while engaged in training or other lawful activity within |
| 76 | the scope of his or her employment, or to any person properly |
| 77 | authorized to test a security system, or to any security |
| 78 | personnel, while operating within the scope of their employment, |
| 79 | including, but not limited to, security personnel in airports, |
| 80 | seaports, and other controlled access areas, or to any member of |
| 81 | a theatrical company or production using a hoax bomb as property |
| 82 | during the course of a rehearsal or performance. |
| 83 | Section 4. This act shall take effect upon becoming a law. |