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Senator Peaden moved the following amendment:

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     Senate Amendment (with title amendment)

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     Delete lines 51 through 118

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and insert:

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     Section 1.  Section 790.251, Florida Statutes, is created to

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read:

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     790.251 Protection of the right to keep and bear arms in

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motor vehicles for self-defense and other lawful purposes;

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prohibited acts; duty of public and private employers; immunity

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from liability; enforcement.--

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     (1) SHORT TITLE.--This section may be cited as the

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"Preservation and Protection of the Right to Keep and Bear Arms

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in Motor Vehicles Act of 2008."

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     (2) DEFINITIONS.--As used in this section, the term:

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     (a) "Parking lot" means any property that is used for

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parking motor vehicles and is available to customers, employees,

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or invitees for temporary or long-term parking or storage of

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motor vehicles.

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     (b) "Motor vehicle" means any automobile, truck, minivan,

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sports utility vehicle, motor home, recreational vehicle,

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motorcycle, motor scooter, or any other vehicle operated on the

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roads of this state and required to be registered under state

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law.

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     (c) "Employee" means any person who possesses a valid

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license issued pursuant to s. 790.06 and:

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     1. Works for salary, wages, or other remuneration;

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     2. Is an independent contractor; or

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     3. Is a volunteer, intern, or other similar individual for

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an employer.

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     (d) "Employer" means any business that is a sole

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proprietorship, partnership, corporation, limited liability

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company, professional association, cooperative, joint venture,

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trust, firm, institution, or association, or public-sector

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entity, that has employees.

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     (e) "Invitee" means any business invitee, including a

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customer or visitor, who is lawfully on the premises of a public

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or private employer.

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As used in this section, the term "firearm" includes ammunition

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and accoutrements attendant to the lawful possession and use of a

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firearm.

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     (3) LEGISLATIVE INTENT; FINDINGS.--This act is intended to

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codify the long-standing legislative policy of the state that

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individual citizens have a constitutional right to keep and bear

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arms, that they have a constitutional right to possess and keep

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legally owned firearms within their motor vehicles for self-

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defense and other lawful purposes, and that these rights are not

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abrogated by virtue of a citizen becoming a customer, employee,

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or invitee of a business entity. It is the finding of the

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Legislature that a citizen's lawful possession, transportation,

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and secure keeping of firearms and ammunition within his or her

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motor vehicle is essential to the exercise of the fundamental

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constitutional right to keep and bear arms and the constitutional

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right of self-defense. The Legislature finds that protecting and

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preserving these rights is essential to the exercise of freedom

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and individual responsibility. The Legislature further finds that

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no citizen can or should be required to waive or abrogate his or

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her right to possess and securely keep firearms and ammunition

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locked within his or her motor vehicle by virtue of becoming a

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customer, employee, or invitee of any employer or business

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establishment within the state, unless specifically required by

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state or federal law.

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     (4) PROHIBITED ACTS.--No public or private employer may

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violate the constitutional rights of any customer, employee, or

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invitee as provided in paragraphs (a)-(e):

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     (a) No public or private employer may prohibit any

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customer, employee, or invitee from possessing any legally owned

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firearm when such firearm is lawfully possessed and locked inside

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or locked to a private motor vehicle in a parking lot and when

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the customer, employee, or invitee is lawfully in such area.

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     (b) No public or private employer may violate the privacy

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rights of a customer, employee, or invitee by verbal or written

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inquiry regarding the presence of a firearm inside or locked to a

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private motor vehicle in a parking lot or by an actual search of

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a private motor vehicle in a parking lot to ascertain the

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presence of a firearm within the vehicle. Further, no public or

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private employer may take any action against a customer,

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employee, or invitee based upon verbal or written statements of

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any party concerning possession of a firearm stored inside a

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private motor vehicle in a parking lot for lawful purposes. A

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search of a private motor vehicle in the parking lot of a public

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or private employer to ascertain the presence of a firearm within

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the vehicle may only be conducted by on-duty law enforcement

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personnel, based upon due process and must comply with

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constitutional protections.

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     (c) No public or private employer shall condition

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employment upon either:

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     1. The fact that an employee or prospective employee holds

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or does not hold a license issued pursuant to s. 790.06; or

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     2. Any agreement by an employee or a prospective employee

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that prohibits an employee from keeping a legal firearm locked

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inside or locked to a private motor vehicle in a parking lot when

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such firearm is kept for lawful purposes.

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     (d) No public or private employer shall prohibit or attempt

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to prevent any customer, employee, or invitee from entering the

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parking lot of the employer's place of business because the

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customer's, employee's, or invitee's private motor vehicle

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contains a legal firearm being carried for lawful purposes, that

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is out of sight within the customer's, employee's, or invitee's

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private motor vehicle.

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     (e) No public or private employer may terminate the

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employment of or otherwise discriminate against an employee, or

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expel a customer or invitee for exercising his or her

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constitutional right to keep and bear arms or for exercising the

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right of self-defense as long as a firearm is never exhibited on

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company property for any reason other than lawful defensive

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purposes.

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This subsection applies to all public-sector employers, including

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those already prohibited from regulating firearms under the

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provisions of s. 790.33.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     Delete lines 1 through 38

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and insert:

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A bill to be entitled

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An act relating to the "Preservation and Protection of the

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Right to Keep and Bear Arms in Motor Vehicles Act of

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2008"; creating s. 790.251, F.S.; creating the

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"Preservation and Protection of the Right to Keep and Bear

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Arms in Motor Vehicles Act of 2008"; providing

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definitions; providing legislative findings and intent;

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prohibiting a public or private employer from prohibiting

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a customer, employee, or invitee from possessing any

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legally owned firearm that is lawfully possessed and

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locked inside or locked to a private motor vehicle in a

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parking lot; prohibiting a public or private employer from

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violating the privacy rights of a customer, employee, or

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invitee by verbal or written inquiry regarding the

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presence of a firearm inside or locked to a private motor

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vehicle in a parking lot or by the search of a private

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motor vehicle in a parking lot to ascertain the presence

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of a firearm within the vehicle; prohibiting actions by a

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public or private employer against a customer, employee,

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or invitee based upon verbal or written statements

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concerning possession of a firearm stored inside a private

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motor vehicle in a parking lot for lawful purposes;

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providing conditions under which a search of a private

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motor vehicle in the parking lot of a public or private

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employer may be conducted; prohibiting a public or private

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employer from conditioning employment upon specified

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licensure status or upon a specified agreement;

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prohibiting a public or private employer from attempting

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to prevent or prohibiting any customer, employee, or

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invitee from entering the parking lot of the employer's

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place of business because the customer's, employee's, or

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invitee's private motor vehicle contains a legal firearm;

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prohibiting public or private employers from terminating

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the employment of or otherwise discriminating against an

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employee, or expelling a customer or invitee, for

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exercising his or her constitutional right to keep and

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bear arms or for exercising the right of self-defense;

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providing a condition to the prohibition; providing that

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such prohibitions apply to all public-sector employers;

4/1/2008  8:20:00 AM     2-06316-08