HB 285

1
A bill to be entitled
2An act relating to emergency management; amending s.
3252.36, F.S.; providing construction with respect to the
4authority of the Governor to seize, take, or confiscate
5firearms in the event of an emergency beyond local
6control; amending s. 870.044, F.S.; providing construction
7with respect to the seizure, taking, or confiscation of
8firearms during a state of emergency; reenacting s.
9377.703(3)(a), F.S., relating to the authority of the
10Governor to utilize specified emergency management powers
11to carry out emergency actions required by a serious
12shortage of energy sources under the energy emergency
13contingency plan of the Department of Environmental
14Protection, for the purpose of incorporating the amendment
15to s. 252.36, F.S., in a reference thereto; providing an
16effective date.
17
18Be It Enacted by the Legislature of the State of Florida:
19
20     Section 1.  Paragraph (h) of subsection (5) of section
21252.36, 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
24Governor by law, she or he may:
25     (h)  Suspend or limit the sale, dispensing, or
26transportation of alcoholic beverages, firearms, explosives, and
27combustibles. However, nothing contained in ss. 252.31-252.90
28shall be construed to authorize the seizure, taking, or
29confiscation of firearms that are lawfully possessed, unless a
30person is engaged in the commission of a criminal act.
31     Section 2.  Section 870.044, Florida Statutes, is amended
32to read:
33     870.044  Automatic emergency measures.--Whenever the public
34official declares that a state of emergency exists, pursuant to
35s. 870.043, the following acts shall be prohibited during the
36period of said emergency throughout the jurisdiction:
37     (1)  The sale of, or offer to sell, with or without
38consideration, any ammunition or gun or other firearm of any
39size or description.
40     (2)  The intentional display, after the emergency is
41declared, by or in any store or shop of any ammunition or gun or
42other firearm of any size or description.
43     (3)  The intentional possession in a public place of a
44firearm by any person, except a duly authorized law enforcement
45official or person in military service acting in the official
46performance of her or his duty.
47
48Nothing contained in this chapter shall be construed to
49authorize the seizure, taking, or confiscation of firearms that
50are lawfully possessed, unless a person is engaged in a criminal
51act.
52     Section 3.  For the purpose of incorporating the amendment
53made by this act to section 252.36, Florida Statutes, in a
54reference thereto, paragraph (a) of subsection (3) of section
55377.703, Florida Statutes, is reenacted to read:
56     377.703  Additional functions of the Department of
57Environmental Protection; energy emergency contingency plan;
58federal and state conservation programs.--
59     (3)  DEPARTMENT OF ENVIRONMENTAL PROTECTION; DUTIES.--The
60Department of Environmental Protection shall, in addition to
61assuming the duties and responsibilities provided by ss. 20.255
62and 377.701, perform the following functions consistent with the
63development of a state energy policy:
64     (a)  The department shall assume the responsibility for
65development of an energy emergency contingency plan to respond
66to serious shortages of primary and secondary energy sources.
67Upon a finding by the Governor, implementation of any emergency
68program shall be upon order of the Governor that a particular
69kind or type of fuel is, or that the occurrence of an event
70which is reasonably expected within 30 days will make the fuel,
71in short supply. The department shall then respond by
72instituting the appropriate measures of the contingency plan to
73meet the given emergency or energy shortage. The Governor may
74utilize the provisions of s. 252.36(5) to carry out any
75emergency actions required by a serious shortage of energy
76sources.
77     Section 4.  This act shall take effect upon becoming a law.


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