Senate Bill sb0206

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    Florida Senate - 2006                                   SB 206

    By Senator Peaden





    2-113A-06                                           See HB 129

  1                      A bill to be entitled

  2         An act relating to lawful ownership,

  3         possession, and use of firearms and other

  4         weapons; amending s. 790.25, F.S.; prohibiting

  5         specified persons, employers, and business

  6         entities from establishing, maintaining, or

  7         enforcing any policy or rule that prohibits a

  8         person from parking a motor vehicle on property

  9         set aside for such purpose when a secured

10         firearm or firearms are being lawfully

11         transported and stored in the motor vehicle;

12         providing a penalty; providing construction;

13         providing for specified immunity from

14         liability; providing civil remedies; defining

15         "motor vehicle" for purposes of the act;

16         providing intent; amending s. 27.53, F.S.;

17         conforming a cross-reference; providing an

18         effective date.

19  

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

21  

22         Section 1.  Section 790.25, Florida Statutes, is

23  amended to read:

24         790.25  Lawful ownership, possession, and use of

25  firearms and other weapons.--

26         (1)  DECLARATION OF POLICY.--The Legislature finds as a

27  matter of public policy and fact that it is necessary to

28  promote firearms safety and to curb and prevent the use of

29  firearms and other weapons in crime and by incompetent persons

30  without prohibiting the lawful use in defense of life, home,

31  and property, and the use by United States or state military

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    Florida Senate - 2006                                   SB 206
    2-113A-06                                           See HB 129




 1  organizations, and as otherwise now authorized by law,

 2  including the right to use and own firearms for target

 3  practice and marksmanship on target practice ranges or other

 4  lawful places, and lawful hunting and other lawful purposes.

 5         (2)  USES NOT AUTHORIZED.--

 6         (a)  This section does not authorize carrying a

 7  concealed weapon without a permit, as prohibited by ss. 790.01

 8  and 790.02.

 9         (b)  The protections of this section do not apply to

10  the following:

11         1.  A person who has been adjudged mentally

12  incompetent, who is addicted to the use of narcotics or any

13  similar drug, or who is a habitual or chronic alcoholic, or a

14  person using weapons or firearms in violation of ss.

15  790.07-790.12, 790.14-790.19, 790.22-790.24.;

16         2.  Vagrants and other undesirable persons as defined

17  in s. 856.02.;

18         3.  A person in or about a place of nuisance as defined

19  in s. 823.05, unless such person is there for law enforcement

20  or some other lawful purpose.

21         (3)  LAWFUL USES.--The provisions of ss. 790.053 and

22  790.06 do not apply in the following instances, and, despite

23  such sections, it is lawful for the following persons to own,

24  possess, and lawfully use firearms and other weapons,

25  ammunition, and supplies for lawful purposes:

26         (a)  Members of the Militia, National Guard, Florida

27  State Defense Force, Army, Navy, Air Force, Marine Corps,

28  Coast Guard, organized reserves, and other armed forces of the

29  state and of the United States, when on duty, when training or

30  preparing themselves for military duty, or while subject to

31  recall or mobilization.;

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    Florida Senate - 2006                                   SB 206
    2-113A-06                                           See HB 129




 1         (b)  Citizens of this state subject to duty in the

 2  Armed Forces under s. 2, Art. X of the State Constitution,

 3  under chapters 250 and 251, and under federal laws, when on

 4  duty or when training or preparing themselves for military

 5  duty.;

 6         (c)  Persons carrying out or training for emergency

 7  management duties under chapter 252.;

 8         (d)  Sheriffs, marshals, prison or jail wardens, police

 9  officers, Florida highway patrol officers, game wardens,

10  revenue officers, forest officials, special officers appointed

11  under the provisions of chapter 354, and other peace and law

12  enforcement officers and their deputies and assistants and

13  full-time paid peace officers of other states and of the

14  Federal Government who are carrying out official duties while

15  in this state.;

16         (e)  Officers or employees of the state or United

17  States duly authorized to carry a concealed weapon.;

18         (f)  Guards or messengers of common carriers, express

19  companies, armored car carriers, mail carriers, banks, and

20  other financial institutions, while actually employed in and

21  about the shipment, transportation, or delivery of any money,

22  treasure, bullion, bonds, or other thing of value within this

23  state.;

24         (g)  Regularly enrolled members of any organization

25  duly authorized to purchase or receive weapons from the United

26  States or from this state, or regularly enrolled members of

27  clubs organized for target, skeet, or trap shooting, while at

28  or going to or from shooting practice; or regularly enrolled

29  members of clubs organized for modern or antique firearms

30  collecting, while such members are at or going to or from

31  their collectors' gun shows, conventions, or exhibits.;

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    Florida Senate - 2006                                   SB 206
    2-113A-06                                           See HB 129




 1         (h)  A person engaged in fishing, camping, or lawful

 2  hunting or going to or returning from a fishing, camping, or

 3  lawful hunting expedition.;

 4         (i)  A person engaged in the business of manufacturing,

 5  repairing, or dealing in firearms, or the agent or

 6  representative of any such person while engaged in the lawful

 7  course of such business.;

 8         (j)  A person firing weapons for testing or target

 9  practice under safe conditions and in a safe place not

10  prohibited by law or going to or from such place.;

11         (k)  A person firing weapons in a safe and secure

12  indoor range for testing and target practice.;

13         (l)  A person traveling by private conveyance when the

14  weapon is securely encased or in a public conveyance when the

15  weapon is securely encased and not in the person's manual

16  possession.;

17         (m)  A person parking a motor vehicle on any property

18  set aside for the parking of a motor vehicle, whether or not

19  such property is designated as a parking lot, parking

20  facility, or parking space, when a firearm or firearms are

21  being lawfully stored and transported in the motor vehicle and

22  the firearm or firearms are locked in or locked to the motor

23  vehicle.

24         (n)(m)  A person while carrying a pistol unloaded and

25  in a secure wrapper, concealed or otherwise, from the place of

26  purchase to his or her home or place of business or to a place

27  of repair or back to his or her home or place of business.;

28         (o)(n)  A person possessing arms at his or her home or

29  place of business.;

30  

31  

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    Florida Senate - 2006                                   SB 206
    2-113A-06                                           See HB 129




 1         (p)(o)  Investigators employed by the several public

 2  defenders of the state, while actually carrying out official

 3  duties, provided such investigators:

 4         1.  Are employed full time;

 5         2.  Meet the official training standards for firearms

 6  established by the Criminal Justice Standards and Training

 7  Commission as provided in s. 943.12(5) and the requirements of

 8  ss. 493.6108(1)(a) and 943.13(1)-(4); and

 9         3.  Are individually designated by an affidavit of

10  consent signed by the employing public defender and filed with

11  the clerk of the circuit court in the county in which the

12  employing public defender resides.

13         (q)(p)  Investigators employed by the capital

14  collateral representative, while actually carrying out

15  official duties, provided such investigators:

16         1.  Are employed full time;

17         2.  Meet the official training standards for firearms

18  as established by the Criminal Justice Standards and Training

19  Commission as provided in s. 943.12(1) and the requirements of

20  ss. 493.6108(1)(a) and 943.13(1)-(4); and

21         3.  Are individually designated by an affidavit of

22  consent signed by the capital collateral representative and

23  filed with the clerk of the circuit court in the county in

24  which the investigator is headquartered.

25         (4)  CONSTRUCTION.--This act shall be liberally

26  construed to carry out the declaration of policy herein and in

27  favor of the constitutional right to keep and bear arms for

28  lawful purposes. This act is supplemental and additional to

29  existing rights to bear arms now guaranteed by law and

30  decisions of the courts of Florida, and nothing herein shall

31  impair or diminish any of such rights. This act shall

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    Florida Senate - 2006                                   SB 206
    2-113A-06                                           See HB 129




 1  supersede any law, ordinance, or regulation in conflict

 2  herewith.

 3         (5)  POSSESSION IN PRIVATE CONVEYANCE.--Notwithstanding

 4  subsection (2), it is lawful and is not a violation of s.

 5  790.01 for a person 18 years of age or older to possess a

 6  concealed firearm or other weapon for self-defense or other

 7  lawful purpose within the interior of a private conveyance,

 8  without a license, if the firearm or other weapon is securely

 9  encased or is otherwise not readily accessible for immediate

10  use. Nothing herein contained prohibits the carrying of a

11  legal firearm other than a handgun anywhere in a private

12  conveyance when such firearm is being carried for a lawful

13  use. Nothing herein contained shall be construed to authorize

14  the carrying of a concealed firearm or other weapon on the

15  person. This subsection shall be liberally construed in favor

16  of the lawful use, ownership, and possession of firearms and

17  other weapons, including lawful self-defense as provided in s.

18  776.012.

19         (6)  STORAGE AND TRANSPORT OF FIREARMS IN LOCKED

20  VEHICLE IN PARKING AREA; PENALTY; IMMUNITY FROM LIABILITY.--

21         (a)  No person, property owner, tenant, employer, or

22  business entity shall establish, maintain, or enforce any

23  policy or rule that prohibits or has the effect of prohibiting

24  any person who may lawfully possess, purchase, receive, or

25  transfer firearms from parking a motor vehicle on any property

26  set aside for the parking of a motor vehicle, whether or not

27  such property is designated as a parking lot, parking

28  facility, or parking space, when the person is lawfully

29  transporting and storing a firearm or firearms in the motor

30  vehicle and the firearm or firearms are locked in or locked to

31  the motor vehicle. Any person, property owner, tenant,

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    Florida Senate - 2006                                   SB 206
    2-113A-06                                           See HB 129




 1  employer, or owner of a business entity who violates this

 2  paragraph commits a felony of the third degree, punishable as

 3  provided in s. 775.082, s. 775.083, or s. 775.084. This

 4  subsection shall be liberally construed in favor of the lawful

 5  use, ownership, and possession of firearms and other weapons,

 6  including lawful self-defense as provided in s. 776.012.

 7         (b)  No person, property owner, tenant, employer, or

 8  business entity shall be liable in any civil action for any

 9  occurrence which results from, is connected with, or is

10  incidental to the use of a firearm which is being lawfully

11  transported and stored in a locked motor vehicle on any

12  property set aside for the parking of motor vehicles as

13  provided in paragraph (a), unless the person, property owner,

14  tenant, employer, or owner of the business entity commits a

15  criminal act involving the use of such firearm.

16         (c)1.  A person who is injured, physically or

17  otherwise, as a result of any policy or rule prohibited by

18  paragraph (a) may bring a civil action in the appropriate

19  court against any person, property owner, tenant, employer, or

20  business entity violating the provisions of paragraph (a),

21  including an action to enforce this subsection. If a plaintiff

22  prevails in a civil action related to a policy or rule

23  prohibited by this act, the court shall award actual damages,

24  enjoin further violations of this act, and award court costs

25  and attorney's fees to the prevailing plaintiff.

26         2.  An employee discharged by an employer or business

27  entity for violation of a policy or rule prohibited under

28  paragraph (a), when such employee was lawfully transporting or

29  storing a firearm in a locked motor vehicle on property set

30  aside by the employer or business entity for the parking of

31  motor vehicles as provided in paragraph (a), is entitled to

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    Florida Senate - 2006                                   SB 206
    2-113A-06                                           See HB 129




 1  full recovery as specified in sub-subparagraphs a.-d. In the

 2  event the demand for such recovery is denied, the employee may

 3  bring a civil action in the courts of this state against the

 4  employer and is entitled to:

 5         a.  Reinstatement to the same position held at the time

 6  of his or her termination from employment, or to an equivalent

 7  position.

 8         b.  Reinstatement of the employee's full fringe

 9  benefits and seniority rights, as appropriate.

10         c.  Compensation, if appropriate, for lost wages,

11  benefits, or other lost remuneration caused by the

12  termination.

13         d.  Payment of reasonable attorney's fees and costs

14  incurred.

15         (d)  As used in this section, "motor vehicle" means any

16  automobile, truck, minivan, sports utility vehicle,

17  motorcycle, motor scooter, or any other vehicle required to be

18  registered under Florida law.

19         (e)  It is the intent of this subsection to reinforce

20  and protect the right of each law-abiding citizen to enter and

21  exit any parking lot, parking facility, or space used for the

22  parking of motor vehicles while such person is lawfully

23  transporting and storing a firearm or firearms in the motor

24  vehicle and the firearm or firearms are locked in or locked to

25  the motor vehicle, to avail himself or herself of temporary or

26  long-term parking or storage of a motor vehicle, and to

27  prohibit any infringement of the right to lawful possession of

28  firearms when such firearms are being transported and stored

29  in a vehicle for a lawful purpose.

30         Section 2.  Subsection (1) of section 27.53, Florida

31  Statutes, is amended to read:

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    Florida Senate - 2006                                   SB 206
    2-113A-06                                           See HB 129




 1         27.53  Appointment of assistants and other staff;

 2  method of payment.--

 3         (1)  The public defender of each judicial circuit is

 4  authorized to employ and establish, in such numbers as

 5  authorized by the General Appropriations Act, assistant public

 6  defenders and other staff and personnel pursuant to s. 29.006,

 7  who shall be paid from funds appropriated for that purpose.

 8  Notwithstanding the provisions of s. 790.01, s. 790.02, or s.

 9  790.25(2)(a), an investigator employed by a public defender,

10  while actually carrying out official duties, is authorized to

11  carry concealed weapons if the investigator complies with s.

12  790.25(3)(p)(o). However, such investigators are not eligible

13  for membership in the Special Risk Class of the Florida

14  Retirement System. The public defenders of all judicial

15  circuits shall jointly develop a coordinated classification

16  and pay plan which shall be submitted on or before January 1

17  of each year to the Justice Administrative Commission, the

18  office of the President of the Senate, and the office of the

19  Speaker of the House of Representatives. Such plan shall be

20  developed in accordance with policies and procedures of the

21  Executive Office of the Governor established in s. 216.181.

22  Each assistant public defender appointed by a public defender

23  under this section shall serve at the pleasure of the public

24  defender. Each investigator employed by a public defender

25  shall have full authority to serve any witness subpoena or

26  court order issued, by any court or judge within the judicial

27  circuit served by such public defender, in a criminal case in

28  which such public defender has been appointed to represent the

29  accused.

30         Section 3.  This act shall take effect upon becoming a

31  law.

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