HB 1539CS

CHAMBER ACTION




1The Committee on Public Safety & Crime Prevention recommends the
2following:
3
4     Committee Substitute
5     Remove the entire bill and insert:
6
7
A bill to be entitled
8An act relating to regulation of weapons and firearms in
9seaports; amending s. 790.001, F.S.; revising the
10definition of "sterile area" to include that area of a
11seaport passenger terminal to which access is controlled
12by the inspection of persons and property in accordance
13with a state-approved seaport security plan; amending s.
14790.06, F.S.; prohibiting the carrying of a concealed
15weapon or firearm inside the passenger terminal and
16sterile area of any seaport; providing an exception;
17providing a second degree misdemeanor penalty for
18violation; amending s. 790.165, F.S.; including seaports
19within nonapplicability provisions with respect to
20specified unlawful activities relating to hoax bombs;
21providing an effective date.
22
23Be It Enacted by the Legislature of the State of Florida:
24
25     Section 1.  Subsection (18) of section 790.001, Florida
26Statutes, is amended to read:
27     790.001  Definitions.--As used in this chapter, except
28where the context otherwise requires:
29     (18)  "Sterile area" means:
30     (a)  The area of an airport to which access is controlled
31by the inspection of persons and property in accordance with
32federally approved airport security programs; or
33     (b)  The area of a seaport passenger terminal to which
34access is controlled by the inspection of persons and property
35in accordance with a state-approved seaport security plan.
36     Section 2.  Subsection (12) of section 790.06, Florida
37Statutes, is amended to read:
38     790.06  License to carry concealed weapon or firearm.--
39     (12)  No license issued pursuant to this section shall
40authorize any person to carry a concealed weapon or firearm into
41any place of nuisance as defined in s. 823.05; any police,
42sheriff, or highway patrol station; any detention facility,
43prison, or jail; any courthouse; any courtroom, except that
44nothing in this section would preclude a judge from carrying a
45concealed weapon or determining who will carry a concealed
46weapon in his or her courtroom; any polling place; any meeting
47of the governing body of a county, public school district,
48municipality, or special district; any meeting of the
49Legislature or a committee thereof; any school, college, or
50professional athletic event not related to firearms; any school
51administration building; any portion of an establishment
52licensed to dispense alcoholic beverages for consumption on the
53premises, which portion of the establishment is primarily
54devoted to such purpose; any elementary or secondary school
55facility; any area technical center; any college or university
56facility unless the licensee is a registered student, employee,
57or faculty member of such college or university and the weapon
58is a stun gun or nonlethal electric weapon or device designed
59solely for defensive purposes and the weapon does not fire a
60dart or projectile; inside the passenger terminal and sterile
61area of any airport, provided that no person shall be prohibited
62from carrying any legal firearm into the terminal, which firearm
63is encased for shipment for purposes of checking such firearm as
64baggage to be lawfully transported on any aircraft; inside the
65passenger terminal and sterile area of any seaport, provided
66that no person shall be prohibited from carrying any legal
67firearm into the terminal, to the extent authorized by federal
68law, which firearm is encased for shipment for purposes of
69checking such firearm as baggage to be lawfully transported on
70any vessel and provided that the vessel owner, captain,
71operator, or other person responsible for the operation of such
72vessel authorizes passengers to transport firearms on board the
73vessel to the extent authorized by federal guidelines; or any
74place where the carrying of firearms is prohibited by federal
75law. Any person who willfully violates any provision of this
76subsection commits a misdemeanor of the second degree,
77punishable as provided in s. 775.082 or s. 775.083.
78     Section 3.  Subsection (4) of section 790.165, Florida
79Statutes, is amended to read:
80     790.165  Planting of "hoax bomb" prohibited; penalties.--
81     (2)  Any person who, without lawful authority,
82manufactures, possesses, sells, delivers, sends, mails,
83displays, uses, threatens to use, attempts to use, or conspires
84to use, or who makes readily accessible to others, a hoax bomb
85commits a felony of the second degree, punishable as provided in
86s. 775.082, s. 775.083, or s. 775.084.
87     (4)  Subsection (2) does not apply to any law enforcement
88officer, firefighter, person, or corporation licensed pursuant
89to chapter 493, or member of the armed forces of the United
90States while engaged in training or other lawful activity within
91the scope of his or her employment, or to any person properly
92authorized to test a security system, or to any security
93personnel, while operating within the scope of their employment,
94including, but not limited to, security personnel in airports,
95seaports, and other controlled access areas, or to any member of
96a theatrical company or production using a hoax bomb as property
97during the course of a rehearsal or performance.
98     Section 4.  This act shall take effect upon becoming a law.


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