HB 1417

1	A bill to be entitled
2	An act relating to the "Individual Personal Private
3	Property Protection Act of 2007"; creating s. 790.251,
4	F.S.; creating the "Individual Personal Private Property
5	Protection Act of 2007"; providing legislative findings
6	and intent; prohibiting a public or private entity from
7	prohibiting a customer, employee, or invitee from
8	possessing any personal private property that is a legal
9	product when such product is lawfully possessed and locked
10	inside or locked to a private motor vehicle in a parking
11	lot; prohibiting a public or private entity from violating
12	the privacy rights of a customer, employee, or invitee by
13	verbal or written inquiry or actual search of a private
14	motor vehicle in a parking lot; prohibiting actions
15	against a customer, employee, or invitee based upon verbal
16	or written statements concerning the presence of personal
17	private possessions inside a private motor vehicle;
18	prohibiting an employer from conditioning employment upon
19	an agreement by a prospective employee that prohibits
20	employees from entering the parking lot of the employer's
21	place of business when the employee's motor vehicle
22	contains specified products; prohibiting an employer from
23	attempting to prevent or prohibiting any customer,
24	employee, or invitee from entering the parking lot of the
25	employer's place of business when the employee's motor
26	vehicle contains specified products; prohibiting employers
27	from terminating the employment of or otherwise
28	discriminating against an employee, or expelling a
29	customer or invitee, for exercising his or her
30	constitutional right to bear arms or exercising the right
31	of self-defense; providing that such prohibitions apply to
32	all public-sector employers; providing specified immunity
33	from liability for employers and landlords of employers;
34	providing for enforcement of the act; providing
35	definitions; providing applicability; providing an
36	effective date.
37
38	Be It Enacted by the Legislature of the State of Florida:
39
40	Section 1.  Section 790.251, Florida Statutes, is created
41	to read:
42	790.251  Privacy and personal property protection; storage
43	of personal property locked inside or locked to a motor vehicle
44	in a parking area; prohibited acts; immunity from liability;
45	enforcement.--
46	(1)  LEGISLATIVE INTENT; FINDINGS.--This act is intended to
47	codify the long-standing legislative policy of the state that
48	citizens have a constitutional right to privacy, that they have
49	a constitutional right to possess and securely keep legal
50	private property within their motor vehicles, particularly such
51	property as is necessary for or incidental to their exercise of
52	other constitutional rights, and that these rights are not
53	abrogated by virtue of a citizen becoming a customer, employee,
54	or invitee of a business entity. It is the finding of the
55	Legislature that a citizen's lawful possession, transportation,
56	and secure keeping of certain private property within his or her
57	motor vehicle is essential to the exercise of fundamental
58	constitutional rights, including freedom of speech, freedom of
59	association, the free exercise of religion, and the right to
60	keep and bear arms.  The Legislature finds that securing
61	individual private property rights is essential. The Legislature
62	further finds that no citizen is or should be required to waive
63	or abrogate his or her right to possess and securely keep such
64	constitutionally significant private property locked within his
65	or her motor vehicle by virtue of becoming a customer, employee,
66	or invitee of any employer or business establishment within the
67	state.
68	(2)  PROHIBITED ACTS.--No public or private entity may
69	violate the constitutional rights of any customer, employee, or
70	invitee as provided in paragraphs (a)-(e):
71	(a)  No public or private entity may prohibit any customer,
72	employee, or invitee from possessing any personal private
73	property that is a legal product when such product is lawfully
74	possessed and locked inside or locked to a private motor vehicle
75	in a parking lot and when the customer, employee, or invitee is
76	lawfully in such area.
77	(b)  No public or private entity may violate the privacy
78	rights of a customer, employee, or invitee by verbal or written
79	inquiry regarding the presence of personal private possessions
80	inside a private motor vehicle in a parking lot or by an actual
81	search of a private motor vehicle in a parking lot. Further, no
82	public or private entity may take any action against a customer,
83	employee, or invitee based upon verbal or written statements of
84	any party concerning the presence of personal private
85	possessions inside a private motor vehicle in a parking lot.
86	Searches of private motor vehicles may only be conducted by on-
87	duty law enforcement personnel based upon due process and must
88	comply with constitutional protections.
89	(c)  No employer shall condition employment upon any
90	agreement by a prospective employee that prohibits an employee
91	from entering the parking lot of the employer's place of
92	business when the employee's motor vehicle contains any product
93	that is locked out of sight within the trunk, glove box, or
94	other enclosed compartment or area within his or her motor
95	vehicle, the lawful possession of which is protected by, or the
96	lawful use of which is incidental to, the exercise of individual
97	rights protected under the United States Constitution or the
98	Florida Constitution.
99	(d)  No employer shall attempt to prevent or prohibit any
100	customer, employee, or invitee from entering the parking lot of
101	the employer's place of business when the customer's,
102	employee's, or invitee's motor vehicle contains any product that
103	is locked out of sight within the trunk, glove box, or other
104	enclosed compartment or area within his or her motor vehicle,
105	the lawful possession of which is protected by, or the lawful
106	use of which is incidental to, the exercise of individual rights
107	protected under the United States Constitution or the Florida
108	Constitution.
109	(e)  No employer may terminate the employment of or
110	otherwise discriminate against an employee, or expel a customer
111	or invitee, for exercising his or her constitutional right to
112	bear arms or for exercising the right of self-defense as long as
113	a firearm is never exhibited on company property for any reason
114	other than lawful defensive purposes.
115
116	This subsection applies to all public-sector employers,
117	including those already prohibited from regulating firearms
118	under the provisions of s. 790.33.
119	(3)  IMMUNITY FROM LIABILITY.--No employer or landlord of
120	an employer shall be liable in any civil action or other action
121	that arises, either directly or indirectly, out of or results
122	from the theft of or threatened, accidental, or criminal use of
123	a firearm or any other legal product that was stored in a
124	private motor vehicle by a customer, employee, or invitee in a
125	parking lot or on any property owned or leased by an employer or
126	landlord of an employer. The immunity provided in this
127	subsection shall not apply to any person who uses or threatens
128	to use a firearm or other weapon in a criminal act. The immunity
129	provided in this subsection shall not apply if harm results that
130	is caused, in whole or in part, by the willful or criminal
131	misconduct of the employer or landlord of the employer.
132	(4)  ENFORCEMENT.--The Attorney General shall enforce the
133	protections of this act on behalf of any customer, employee, or
134	invitee aggrieved under this act if there is reasonable cause to
135	believe that the aggrieved person's rights under this act have
136	been violated by a public or private entity. In such cases, the
137	Attorney General shall commence a civil or administrative action
138	for damages, injunctive relief and civil penalties, and such
139	other relief as may be appropriate under the provisions of s.
140	760.51, or may negotiate a settlement with any employer on
141	behalf of any person aggrieved under the act.  However, nothing
142	in this act shall prohibit the right of a person aggrieved under
143	this act to bring a civil action for violation of rights
144	protected under the act.
145	(5)  DEFINITIONS.--As used in this section, the term:
146	(a)  "Parking lot" means any property owned or leased by an
147	employer or the landlord of an employer that is used for parking
148	motor vehicles and is available to customers, employees, or
149	invitees for temporary or long-term parking or storage of motor
150	vehicles.
151	(b)  "Motor vehicle" means any automobile, truck, minivan,
152	sports utility vehicle, motor home, recreational vehicle,
153	motorcycle, motor scooter, or any other vehicle operated on the
154	roads of this state and required to be registered under state
155	law.
156	(c)  "Employee" means any person who:
157	1.  Works for salary, wages, or other remuneration;
158	2.  Is an independent contractor; or
159	3.  Is a volunteer, intern, or other similar individual
160
161	for an employer.
162	(d)  "Employer" means any business that is a sole
163	proprietorship, partnership, corporation, limited liability
164	company, professional association, cooperative, joint venture,
165	trust, firm, institution, or association, or public-sector
166	entity, that has employees.
167	(e)  "Invitee" means any business invitee, including a
168	customer or visitor, who is lawfully on the premises of an
169	entity described in paragraph (d).
170	(6)  EXCEPTIONS.--The prohibitions in subsection (2) do not
171	apply to:
172	(a)  Property owned or leased by an employer or the
173	landlord of an employer upon which are conducted substantial
174	activities involving national defense, aerospace, or domestic
175	security if the presence of any legally possessed product in a
176	parking lot presents an increased danger of explosion or
177	reasonably predictable catastrophic event.
178	(b)  Property owned or leased by an employer or the
179	landlord of an employer upon which the primary business
180	conducted is the manufacture, use, storage, or transportation of
181	combustible or explosive materials regulated under state or
182	federal law if the presence of any legally possessed product in
183	a parking lot presents an increased danger of explosion or
184	reasonably predictable catastrophic event.
185	(c)  A motor vehicle owned, leased, or rented by an
186	employer or the landlord of an employer.
187	(d)  Any other property owned or leased by an employer or
188	the landlord of an employer upon which possession of a firearm
189	or other legal product by a customer, employee, or invitee is
190	prohibited pursuant to any federal law or any general law of
191	this state on the effective date of this act.
192	(e)  Any school property as defined and regulated under s.
193	790.115.
194	(f)  Any state correctional institution regulated under s.
195	944.47.
196	(7)  SHORT TITLE.--This section may be cited as "The
197	Individual Personal Private Property Protection Act of 2007."
198	Section 2.  This act shall take effect upon becoming a law
199	and shall apply to causes of action accruing on or after that
200	date.

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