| 1 | A bill to be entitled |
| 2 | An act relating to emergency management; amending s. |
| 3 | 252.36, F.S.; providing construction with respect to the |
| 4 | authority of the Governor to seize, take, or confiscate |
| 5 | firearms in the event of an emergency beyond local |
| 6 | control; amending s. 870.044, F.S.; providing construction |
| 7 | with respect to the seizure, taking, or confiscation of |
| 8 | firearms during a state of emergency; reenacting s. |
| 9 | 377.703(3)(a), F.S., relating to the authority of the |
| 10 | Governor to utilize specified emergency management powers |
| 11 | to carry out emergency actions required by a serious |
| 12 | shortage of energy sources under the energy emergency |
| 13 | contingency plan of the Department of Environmental |
| 14 | Protection, for the purpose of incorporating the amendment |
| 15 | to s. 252.36, F.S., in a reference thereto; providing an |
| 16 | effective date. |
| 17 |
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| 18 | Be It Enacted by the Legislature of the State of Florida: |
| 19 |
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| 20 | Section 1. Paragraph (h) of subsection (5) of section |
| 21 | 252.36, Florida Statutes, is amended to read: |
| 22 | 252.36 Emergency management powers of the Governor.-- |
| 23 | (5) In addition to any other powers conferred upon the |
| 24 | Governor by law, she or he may: |
| 25 | (h) Suspend or limit the sale, dispensing, or |
| 26 | transportation of alcoholic beverages, firearms, explosives, and |
| 27 | combustibles. However, nothing contained in ss. 252.31-252.90 |
| 28 | shall be construed to authorize the seizure, taking, or |
| 29 | confiscation of firearms that are lawfully possessed. |
| 30 | Section 2. Section 870.044, Florida Statutes, is amended |
| 31 | to read: |
| 32 | 870.044 Automatic emergency measures.--Whenever the public |
| 33 | official declares that a state of emergency exists, pursuant to |
| 34 | s. 870.043, the following acts shall be prohibited during the |
| 35 | period of said emergency throughout the jurisdiction: |
| 36 | (1) The sale of, or offer to sell, with or without |
| 37 | consideration, any ammunition or gun or other firearm of any |
| 38 | size or description. |
| 39 | (2) The intentional display, after the emergency is |
| 40 | declared, by or in any store or shop of any ammunition or gun or |
| 41 | other firearm of any size or description. |
| 42 | (3) The intentional possession in a public place of a |
| 43 | firearm by any person, except a duly authorized law enforcement |
| 44 | official or person in military service acting in the official |
| 45 | performance of her or his duty. |
| 46 |
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| 47 | Nothing contained in this chapter shall be construed to |
| 48 | authorize the seizure, taking, or confiscation of firearms that |
| 49 | are lawfully possessed. |
| 50 | Section 3. For the purpose of incorporating the amendment |
| 51 | made by this act to section 252.36, Florida Statutes, in a |
| 52 | reference thereto, paragraph (a) of subsection (3) of section |
| 53 | 377.703, Florida Statutes, is reenacted to read: |
| 54 | 377.703 Additional functions of the Department of |
| 55 | Environmental Protection; energy emergency contingency plan; |
| 56 | federal and state conservation programs.-- |
| 57 | (3) DEPARTMENT OF ENVIRONMENTAL PROTECTION; DUTIES.--The |
| 58 | Department of Environmental Protection shall, in addition to |
| 59 | assuming the duties and responsibilities provided by ss. 20.255 |
| 60 | and 377.701, perform the following functions consistent with the |
| 61 | development of a state energy policy: |
| 62 | (a) The department shall assume the responsibility for |
| 63 | development of an energy emergency contingency plan to respond |
| 64 | to serious shortages of primary and secondary energy sources. |
| 65 | Upon a finding by the Governor, implementation of any emergency |
| 66 | program shall be upon order of the Governor that a particular |
| 67 | kind or type of fuel is, or that the occurrence of an event |
| 68 | which is reasonably expected within 30 days will make the fuel, |
| 69 | in short supply. The department shall then respond by |
| 70 | instituting the appropriate measures of the contingency plan to |
| 71 | meet the given emergency or energy shortage. The Governor may |
| 72 | utilize the provisions of s. 252.36(5) to carry out any |
| 73 | emergency actions required by a serious shortage of energy |
| 74 | sources. |
| 75 | Section 4. This act shall take effect upon becoming a law. |