Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. SB 206
                        Barcode 612032
                            CHAMBER ACTION
              Senate                               House
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       04/19/2006 09:19 PM         .                    
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11  The Committee on Criminal Justice (Lynn) recommended the
12  following amendment:
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14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Subsection (6) is added to section 790.25,
19  Florida Statutes, to read:
20         790.25  Lawful ownership, possession, and use of
21  firearms and other weapons.--
22         (6)  STORAGE AND TRANSPORT OF FIREARMS LOCKED INSIDE OR
23  LOCKED TO A MOTOR VEHICLE IN A PARKING LOT; IMMUNITY FROM
24  LIABILITY.--
25         (a)  As used in this subsection, the term:
26         1.  "Employee" means any person who:
27         a.  Works for an employer for salary, wages, or other
28  remuneration;
29         b.  Is an independent contractor employed by an
30  employer; or
31         c.  Is a volunteer or intern, or other individual
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Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 206 Barcode 612032 1 acting in a similar capacity, for an employer. 2 2. "Employer" means any business having employees 3 which is a sole proprietorship, partnership, corporation, 4 limited liability company, professional association, 5 cooperative, joint venture, trust, firm, institution, or 6 association. 7 3. "Invitee" means any person on the premises of 8 another at the express or implied invitation of the latter for 9 business purposes, including a customer or visitor lawfully on 10 the premises. 11 4. "Motor vehicle" means any automobile, truck, 12 minivan, sports utility vehicle, motorcycle, motor scooter, or 13 any other similar vehicle required to be registered under 14 state law. 15 5. "Parking lot" means any property that is owned or 16 leased by an employer or a landlord of an employer, used for 17 parking motor vehicles, and available to customers, employees, 18 or invitees for temporary or long-term parking or storage of 19 motor vehicles. 20 (b) Except as prohibited pursuant to paragraph (c) or 21 paragraph (d), an employee or invitee in lawful possession of 22 a firearm may transport and store a firearm locked inside or 23 locked to his or her motor vehicle in a parking lot designated 24 by the employer or its lessor if the firearm is stored in a 25 manner so as not to be visible. 26 (c) An employer or its lessor may prohibit an employee 27 or invitee from transporting, storing, or possessing a firearm 28 on property owned, leased, or controlled by the employer or 29 its lessor, or from transporting, storing, or possessing a 30 firearm in any motor vehicle owned, leased, or rented by the 31 employer, when reasonably necessary for the safety and welfare 2 9:51 AM 04/12/06 s0206d-cj07-t01
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 206 Barcode 612032 1 of employees, invitees, or the general public, or to safeguard 2 business operations. 3 (d) The provisions of this subsection do not apply to: 4 1. School property as defined and regulated under s. 5 790.115. 6 2. Prison facility grounds as defined and regulated 7 under s. 944.47. 8 3. Property on which an employee or invitee is 9 otherwise prohibited from transporting, storing, or possessing 10 a firearm pursuant to any federal or state law. 11 (e) No employer or its lessor, or any employee of an 12 employer or its lessor, shall be liable for any harm that 13 directly or indirectly arises out of or results from the 14 discharge or threatened use of a firearm that was transported 15 or stored by an employee or invitee in a motor vehicle on 16 property owned or leased by the employer or its lessor. The 17 immunity provided in this paragraph shall not apply to any 18 person who discharges or threatens to use the firearm, but it 19 shall extend to the vicarious liability of an employer or its 20 lessor for the actions or inactions of others. The immunity 21 provided in this paragraph shall not apply if the harm 22 involved was caused, in whole or in part, by the employer's or 23 lessor's willful or criminal misconduct or by the employer's 24 or lessor's conscious and flagrant indifference to the safety 25 of the person or persons harmed. 26 (f) The Attorney General shall enforce the protections 27 of this subsection on behalf of an aggrieved employee or 28 invitee if there is reasonable cause to believe that the 29 rights of the employee or invitee under this act have been 30 willfully violated by an employer or its lessor. 31 (g) The provisions of this subsection shall not be 3 9:51 AM 04/12/06 s0206d-cj07-t01
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 206 Barcode 612032 1 construed in derogation of the state's employment-at-will 2 doctrine. 3 Section 2. This act shall take effect upon becoming a 4 law and shall apply to causes of action that accrue on or 5 after that date. 6 7 8 ================ T I T L E A M E N D M E N T =============== 9 And the title is amended as follows: 10 Delete everything before the enacting clause 11 12 and insert: 13 A bill to be entitled 14 An act relating to lawful ownership, 15 possession, and use of firearms; amending s. 16 790.25, F.S., relating to lawful ownership, 17 possession, and use of firearms and other 18 weapons; providing definitions; authorizing an 19 employee or invitee in lawful possession of a 20 firearm to transport and store a firearm in a 21 motor vehicle under certain conditions; 22 authorizing an employer or its lessor to 23 prohibit an employee or invitee from 24 transporting, storing, or possessing a firearm 25 under certain conditions when reasonably 26 necessary for the safety and welfare of 27 employees, invitees, or the general public, or 28 to safeguard business operations; providing 29 nonapplicability; providing for specified 30 immunity from liability; providing enforcement 31 by the Attorney General; providing 4 9:51 AM 04/12/06 s0206d-cj07-t01
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 206 Barcode 612032 1 construction; providing applicability of the 2 act; providing an effective date. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 5 9:51 AM 04/12/06 s0206d-cj07-t01