HB 1539

1
A bill to be entitled
2An act relating to regulation of weapons and firearms in
3seaports; amending s. 790.001, F.S.; revising the
4definition of "sterile area" to include that area of a
5seaport passenger terminal to which access is controlled
6by the inspection of persons and property in accordance
7with a state-approved seaport security plan; amending s.
8790.06, F.S.; prohibiting the carrying of a concealed
9weapon or firearm inside the passenger terminal and
10sterile area of any seaport; providing a second degree
11misdemeanor penalty for violation; amending s. 790.165,
12F.S.; including seaports within nonapplicability
13provisions with respect to specified unlawful activities
14relating to hoax bombs; providing an effective date.
15
16Be It Enacted by the Legislature of the State of Florida:
17
18     Section 1.  Subsection (18) of section 790.001, Florida
19Statutes, is amended to read:
20     790.001  Definitions.--As used in this chapter, except
21where the context otherwise requires:
22     (18)  "Sterile area" means:
23     (a)  The area of an airport to which access is controlled
24by the inspection of persons and property in accordance with
25federally approved airport security programs; or
26     (b)  The area of a seaport passenger terminal to which
27access is controlled by the inspection of persons and property
28in accordance with a state-approved seaport security plan.
29     Section 2.  Subsection (12) of section 790.06, Florida
30Statutes, is amended to read:
31     790.06  License to carry concealed weapon or firearm.--
32     (12)  No license issued pursuant to this section shall
33authorize any person to carry a concealed weapon or firearm into
34any place of nuisance as defined in s. 823.05; any police,
35sheriff, or highway patrol station; any detention facility,
36prison, or jail; any courthouse; any courtroom, except that
37nothing in this section would preclude a judge from carrying a
38concealed weapon or determining who will carry a concealed
39weapon in his or her courtroom; any polling place; any meeting
40of the governing body of a county, public school district,
41municipality, or special district; any meeting of the
42Legislature or a committee thereof; any school, college, or
43professional athletic event not related to firearms; any school
44administration building; any portion of an establishment
45licensed to dispense alcoholic beverages for consumption on the
46premises, which portion of the establishment is primarily
47devoted to such purpose; any elementary or secondary school
48facility; any area technical center; any college or university
49facility unless the licensee is a registered student, employee,
50or faculty member of such college or university and the weapon
51is a stun gun or nonlethal electric weapon or device designed
52solely for defensive purposes and the weapon does not fire a
53dart or projectile; inside the passenger terminal and sterile
54area of any airport, provided that no person shall be prohibited
55from carrying any legal firearm into the terminal, which firearm
56is encased for shipment for purposes of checking such firearm as
57baggage to be lawfully transported on any aircraft; inside the
58passenger terminal and sterile area of any seaport; or any place
59where the carrying of firearms is prohibited by federal law. Any
60person who willfully violates any provision of this subsection
61commits a misdemeanor of the second degree, punishable as
62provided in s. 775.082 or s. 775.083.
63     Section 3.  Subsection (4) of section 790.165, Florida
64Statutes, is amended to read:
65     790.165  Planting of "hoax bomb" prohibited; penalties.--
66     (2)  Any person who, without lawful authority,
67manufactures, possesses, sells, delivers, sends, mails,
68displays, uses, threatens to use, attempts to use, or conspires
69to use, or who makes readily accessible to others, a hoax bomb
70commits a felony of the second degree, punishable as provided in
71s. 775.082, s. 775.083, or s. 775.084.
72     (4)  Subsection (2) does not apply to any law enforcement
73officer, firefighter, person, or corporation licensed pursuant
74to chapter 493, or member of the armed forces of the United
75States while engaged in training or other lawful activity within
76the scope of his or her employment, or to any person properly
77authorized to test a security system, or to any security
78personnel, while operating within the scope of their employment,
79including, but not limited to, security personnel in airports,
80seaports, and other controlled access areas, or to any member of
81a theatrical company or production using a hoax bomb as property
82during the course of a rehearsal or performance.
83     Section 4.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.