Senate Bill sb0568c1

    Florida Senate - 2006                            CS for SB 568

    By the Committee on Criminal Justice; and Senators Baker,
    Posey, Haridopolos, Wise and Alexander




    591-1968-06

  1                      A bill to be entitled

  2         An act relating to emergency management;

  3         amending s. 252.36, F.S.; providing

  4         construction with respect to the authority of

  5         the Governor to seize, take, or confiscate

  6         firearms in the event of an emergency beyond

  7         local control; amending s. 870.044, F.S.;

  8         providing construction with respect to the

  9         seizure, taking, or confiscation of firearms

10         during a state of emergency; reenacting s.

11         377.703(3)(a), F.S., relating to the authority

12         of the Governor to utilize specified emergency

13         management powers to carry out emergency

14         actions required by a serious shortage of

15         energy sources under the energy emergency

16         contingency plan of the Department of

17         Environmental Protection, for the purpose of

18         incorporating the amendment to s. 252.36, F.S.,

19         in a reference thereto; providing an effective

20         date.

21  

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

23  

24         Section 1.  Paragraph (h) of subsection (5) of section

25  252.36, Florida Statutes, is amended to read:

26         252.36  Emergency management powers of the Governor.--

27         (5)  In addition to any other powers conferred upon the

28  Governor by law, she or he may:

29         (h)  Suspend or limit the sale, dispensing, or

30  transportation of alcoholic beverages, firearms, explosives,

31  and combustibles. However, nothing contained in ss.

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






    Florida Senate - 2006                            CS for SB 568
    591-1968-06




 1  252.31-252.90 shall be construed to authorize the seizure,

 2  taking, or confiscation of firearms that are lawfully

 3  possessed, unless a person is engaged in the commission of a

 4  criminal act.

 5         Section 2.  Section 870.044, Florida Statutes, is

 6  amended to read:

 7         870.044  Automatic emergency measures.--Whenever the

 8  public official declares that a state of emergency exists,

 9  pursuant to s. 870.043, the following acts shall be prohibited

10  during the period of said emergency throughout the

11  jurisdiction:

12         (1)  The sale of, or offer to sell, with or without

13  consideration, any ammunition or gun or other firearm of any

14  size or description.

15         (2)  The intentional display, after the emergency is

16  declared, by or in any store or shop of any ammunition or gun

17  or other firearm of any size or description.

18         (3)  The intentional possession in a public place of a

19  firearm by any person, except a duly authorized law

20  enforcement official or person in military service acting in

21  the official performance of her or his duty.

22  

23  Nothing contained in this chapter shall be construed to

24  authorize the seizure, taking, or confiscation of firearms

25  that are lawfully possessed, unless a person is engaged in a

26  criminal act.

27         Section 3.  For the purpose of incorporating the

28  amendment made by this act to section 252.36, Florida

29  Statutes, in a reference thereto, paragraph (a) of subsection

30  (3) of section 377.703, Florida Statutes, is reenacted to

31  read:

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    Florida Senate - 2006                            CS for SB 568
    591-1968-06




 1         377.703  Additional functions of the Department of

 2  Environmental Protection; energy emergency contingency plan;

 3  federal and state conservation programs.--

 4         (3)  DEPARTMENT OF ENVIRONMENTAL PROTECTION;

 5  DUTIES.--The Department of Environmental Protection shall, in

 6  addition to assuming the duties and responsibilities provided

 7  by ss. 20.255 and 377.701, perform the following functions

 8  consistent with the development of a state energy policy:

 9         (a)  The department shall assume the responsibility for

10  development of an energy emergency contingency plan to respond

11  to serious shortages of primary and secondary energy sources.

12  Upon a finding by the Governor, implementation of any

13  emergency program shall be upon order of the Governor that a

14  particular kind or type of fuel is, or that the occurrence of

15  an event which is reasonably expected within 30 days will make

16  the fuel, in short supply. The department shall then respond

17  by instituting the appropriate measures of the contingency

18  plan to meet the given emergency or energy shortage. The

19  Governor may utilize the provisions of s. 252.36(5) to carry

20  out any emergency actions required by a serious shortage of

21  energy sources.

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

23  law.

24  

25          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
26                         Senate Bill 568

27                                 

28  The CS clarifies that under circumstances where a person is in
    possession of a firearm and is committing a criminal act, the
29  provisions of the bill do not apply.

30  

31  

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