Senate Bill sb2744

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 2744

    By Senator Haridopolos





    26-1665-04                                              See HB

  1                      A bill to be entitled

  2         An act relating to regulation of weapons and

  3         firearms in seaports; amending s. 790.001,

  4         F.S.; revising the definition of "sterile area"

  5         to include that area of a seaport passenger

  6         terminal to which access is controlled by the

  7         inspection of persons and property in

  8         accordance with a state-approved seaport

  9         security plan; amending s. 790.06, F.S.;

10         prohibiting the carrying of a concealed weapon

11         or firearm inside the passenger terminal and

12         sterile area of any seaport; providing a second

13         degree misdemeanor penalty for violation;

14         amending s. 790.165, F.S.; including seaports

15         within nonapplicability provisions with respect

16         to specified unlawful activities relating to

17         hoax bombs; providing an effective date.

18  

19  Be It Enacted by the Legislature of the State of Florida:

20  

21         Section 1.  Subsection (18) of section 790.001, Florida

22  Statutes, is amended to read:

23         790.001  Definitions.--As used in this chapter, except

24  where the context otherwise requires:

25         (18)  "Sterile area" means:

26         (a)  The area of an airport to which access is

27  controlled by the inspection of persons and property in

28  accordance with federally approved airport security programs;

29  or

30  

31  

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






    Florida Senate - 2004                                  SB 2744
    26-1665-04                                              See HB




 1         (b)  The area of a seaport passenger terminal to which

 2  access is controlled by the inspection of persons and property

 3  in accordance with a state-approved seaport security plan.

 4         Section 2.  Subsection (12) of section 790.06, Florida

 5  Statutes, is amended to read:

 6         790.06  License to carry concealed weapon or firearm.--

 7         (12)  No license issued pursuant to this section shall

 8  authorize any person to carry a concealed weapon or firearm

 9  into any place of nuisance as defined in s. 823.05; any

10  police, sheriff, or highway patrol station; any detention

11  facility, prison, or jail; any courthouse; any courtroom,

12  except that nothing in this section would preclude a judge

13  from carrying a concealed weapon or determining who will carry

14  a concealed weapon in his or her courtroom; any polling place;

15  any meeting of the governing body of a county, public school

16  district, municipality, or special district; any meeting of

17  the Legislature or a committee thereof; any school, college,

18  or professional athletic event not related to firearms; any

19  school administration building; any portion of an

20  establishment licensed to dispense alcoholic beverages for

21  consumption on the premises, which portion of the

22  establishment is primarily devoted to such purpose; any

23  elementary or secondary school facility; any area technical

24  center; any college or university facility unless the licensee

25  is a registered student, employee, or faculty member of such

26  college or university and the weapon is a stun gun or

27  nonlethal electric weapon or device designed solely for

28  defensive purposes and the weapon does not fire a dart or

29  projectile; inside the passenger terminal and sterile area of

30  any airport, provided that no person shall be prohibited from

31  carrying any legal firearm into the terminal, which firearm is

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    Florida Senate - 2004                                  SB 2744
    26-1665-04                                              See HB




 1  encased for shipment for purposes of checking such firearm as

 2  baggage to be lawfully transported on any aircraft; inside the

 3  passenger terminal and sterile area of any seaport; or any

 4  place where the carrying of firearms is prohibited by federal

 5  law. Any person who willfully violates any provision of this

 6  subsection commits a misdemeanor of the second degree,

 7  punishable as provided in s. 775.082 or s. 775.083.

 8         Section 3.  Subsection (4) of section 790.165, Florida

 9  Statutes, is amended to read:

10         790.165  Planting of "hoax bomb" prohibited;

11  penalties.--

12         (2)  Any person who, without lawful authority,

13  manufactures, possesses, sells, delivers, sends, mails,

14  displays, uses, threatens to use, attempts to use, or

15  conspires to use, or who makes readily accessible to others, a

16  hoax bomb commits a felony of the second degree, punishable as

17  provided in s. 775.082, s. 775.083, or s. 775.084.

18         (4)  Subsection (2) does not apply to any law

19  enforcement officer, firefighter, person, or corporation

20  licensed pursuant to chapter 493, or member of the armed

21  forces of the United States while engaged in training or other

22  lawful activity within the scope of his or her employment, or

23  to any person properly authorized to test a security system,

24  or to any security personnel, while operating within the scope

25  of their employment, including, but not limited to, security

26  personnel in airports, seaports, and other controlled access

27  areas, or to any member of a theatrical company or production

28  using a hoax bomb as property during the course of a rehearsal

29  or performance.

30         Section 4.  This act shall take effect upon becoming a

31  law.

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