| 1 | The Committee on Public Safety & Crime Prevention recommends the |
| 2 | following: |
| 3 |
|
| 4 | Committee Substitute |
| 5 | Remove the entire bill and insert: |
| 6 |
|
| 7 | A bill to be entitled |
| 8 | An act relating to regulation of weapons and firearms in |
| 9 | seaports; amending s. 790.001, F.S.; revising the |
| 10 | definition of "sterile area" to include that area of a |
| 11 | seaport passenger terminal to which access is controlled |
| 12 | by the inspection of persons and property in accordance |
| 13 | with a state-approved seaport security plan; amending s. |
| 14 | 790.06, F.S.; prohibiting the carrying of a concealed |
| 15 | weapon or firearm inside the passenger terminal and |
| 16 | sterile area of any seaport; providing an exception; |
| 17 | providing a second degree misdemeanor penalty for |
| 18 | violation; amending s. 790.165, F.S.; including seaports |
| 19 | within nonapplicability provisions with respect to |
| 20 | specified unlawful activities relating to hoax bombs; |
| 21 | providing an effective date. |
| 22 |
|
| 23 | Be It Enacted by the Legislature of the State of Florida: |
| 24 |
|
| 25 | Section 1. Subsection (18) of section 790.001, Florida |
| 26 | Statutes, is amended to read: |
| 27 | 790.001 Definitions.--As used in this chapter, except |
| 28 | where the context otherwise requires: |
| 29 | (18) "Sterile area" means: |
| 30 | (a) The area of an airport to which access is controlled |
| 31 | by the inspection of persons and property in accordance with |
| 32 | federally approved airport security programs; or |
| 33 | (b) The area of a seaport passenger terminal to which |
| 34 | access is controlled by the inspection of persons and property |
| 35 | in accordance with a state-approved seaport security plan. |
| 36 | Section 2. Subsection (12) of section 790.06, Florida |
| 37 | Statutes, is amended to read: |
| 38 | 790.06 License to carry concealed weapon or firearm.-- |
| 39 | (12) No license issued pursuant to this section shall |
| 40 | authorize any person to carry a concealed weapon or firearm into |
| 41 | any place of nuisance as defined in s. 823.05; any police, |
| 42 | sheriff, or highway patrol station; any detention facility, |
| 43 | prison, or jail; any courthouse; any courtroom, except that |
| 44 | nothing in this section would preclude a judge from carrying a |
| 45 | concealed weapon or determining who will carry a concealed |
| 46 | weapon in his or her courtroom; any polling place; any meeting |
| 47 | of the governing body of a county, public school district, |
| 48 | municipality, or special district; any meeting of the |
| 49 | Legislature or a committee thereof; any school, college, or |
| 50 | professional athletic event not related to firearms; any school |
| 51 | administration building; any portion of an establishment |
| 52 | licensed to dispense alcoholic beverages for consumption on the |
| 53 | premises, which portion of the establishment is primarily |
| 54 | devoted to such purpose; any elementary or secondary school |
| 55 | facility; any area technical center; any college or university |
| 56 | facility unless the licensee is a registered student, employee, |
| 57 | or faculty member of such college or university and the weapon |
| 58 | is a stun gun or nonlethal electric weapon or device designed |
| 59 | solely for defensive purposes and the weapon does not fire a |
| 60 | dart or projectile; inside the passenger terminal and sterile |
| 61 | area of any airport, provided that no person shall be prohibited |
| 62 | from carrying any legal firearm into the terminal, which firearm |
| 63 | is encased for shipment for purposes of checking such firearm as |
| 64 | baggage to be lawfully transported on any aircraft; inside the |
| 65 | passenger terminal and sterile area of any seaport, provided |
| 66 | that no person shall be prohibited from carrying any legal |
| 67 | firearm into the terminal, to the extent authorized by federal |
| 68 | law, which firearm is encased for shipment for purposes of |
| 69 | checking such firearm as baggage to be lawfully transported on |
| 70 | any vessel and provided that the vessel owner, captain, |
| 71 | operator, or other person responsible for the operation of such |
| 72 | vessel authorizes passengers to transport firearms on board the |
| 73 | vessel to the extent authorized by federal guidelines; or any |
| 74 | place where the carrying of firearms is prohibited by federal |
| 75 | law. Any person who willfully violates any provision of this |
| 76 | subsection commits a misdemeanor of the second degree, |
| 77 | punishable as provided in s. 775.082 or s. 775.083. |
| 78 | Section 3. Subsection (4) of section 790.165, Florida |
| 79 | Statutes, is amended to read: |
| 80 | 790.165 Planting of "hoax bomb" prohibited; penalties.-- |
| 81 | (2) Any person who, without lawful authority, |
| 82 | manufactures, possesses, sells, delivers, sends, mails, |
| 83 | displays, uses, threatens to use, attempts to use, or conspires |
| 84 | to use, or who makes readily accessible to others, a hoax bomb |
| 85 | commits a felony of the second degree, punishable as provided in |
| 86 | s. 775.082, s. 775.083, or s. 775.084. |
| 87 | (4) Subsection (2) does not apply to any law enforcement |
| 88 | officer, firefighter, person, or corporation licensed pursuant |
| 89 | to chapter 493, or member of the armed forces of the United |
| 90 | States while engaged in training or other lawful activity within |
| 91 | the scope of his or her employment, or to any person properly |
| 92 | authorized to test a security system, or to any security |
| 93 | personnel, while operating within the scope of their employment, |
| 94 | including, but not limited to, security personnel in airports, |
| 95 | seaports, and other controlled access areas, or to any member of |
| 96 | a theatrical company or production using a hoax bomb as property |
| 97 | during the course of a rehearsal or performance. |
| 98 | Section 4. This act shall take effect upon becoming a law. |