1

A bill to be entitled

2

An act relating to the "Preservation and Protection of the

3

Right to Keep and Bear Arms in Motor Vehicles Act of

4

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

5

"Preservation and Protection of the Right to Keep and Bear

6

Arms in Motor Vehicles Act of 2008"; providing legislative

7

findings and intent; prohibiting a public or private

8

entity from prohibiting a customer, employee, or invitee

9

from possessing any legally owned firearm that is lawfully

10

possessed and locked inside or locked to a private motor

11

vehicle in a parking lot; prohibiting a public or private

12

entity from violating the privacy rights of a customer,

13

employee, or invitee by verbal or written inquiry

14

regarding the presence of a firearm inside a private motor

15

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

16

motor vehicle in a parking lot to ascertain the presence

17

of a firearm within the vehicle; prohibiting actions by a

18

public or private entity against a customer, employee, or

19

invitee based upon verbal or written statements concerning

20

possession of a firearm stored inside a private motor

21

vehicle in a parking lot for lawful purposes; providing

22

conditions under which a search of a private motor vehicle

23

in the parking lot of a public or private entity may be

24

conducted; prohibiting an employer from conditioning

25

employment upon an agreement by a prospective employee

26

that prohibits employees from keeping a legal firearm

27

locked inside a motor vehicle; prohibiting an employer

28

from attempting to prevent or prohibiting any customer,

29

employee, or invitee from entering the parking lot of the

30

employer's place of business when the customer's,

31

employee's, or invitee's motor vehicle contains a legal

32

firearm; prohibiting employers from terminating the

33

employment of or otherwise discriminating against an

34

employee, or expelling a customer or invitee, for

35

exercising his or her constitutional right to keep and

36

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

37

providing a condition to the prohibition; providing that

38

such prohibitions apply to all public-sector employers;

39

delineating duties not owed by public and private entities

40

and employers with respect to the provisions of the act;

41

providing specified immunity from liability for public and

42

private entities and employers; providing nonapplicability

43

of such immunity; providing for enforcement of the act;

44

providing for the award of costs and attorney's fees;

45

providing definitions; providing exceptions to the

46

prohibitions under the act; providing applicability;

47

providing an effective date.

48

49

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

50

51

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

52

read:

53

     790.251 Protection of the right to keep and bear arms in

54

motor vehicles for self-defense and other lawful purposes;

55

prohibited acts; duty of public and private entities and

56

employers; immunity from liability; enforcement.--

57

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

58

codify the long-standing legislative policy of the state that

59

individual citizens have a constitutional right to keep and bear

60

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

61

legally owned firearms within their motor vehicles for self-

62

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

63

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

64

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

65

Legislature that a citizen's lawful possession, transportation,

66

and secure keeping of firearms and ammunition within his or her

67

motor vehicle is essential to the exercise of the fundamental

68

constitutional right to keep and bear arms and the constitutional

69

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

70

preserving these rights is essential to the exercise of freedom

71

and individual responsibility. The Legislature further finds that

72

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

73

her right to possess and securely keep firearms and ammunition

74

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

75

customer, employee, or invitee of any employer or business

76

establishment within the state.

77

     (2) PROHIBITED ACTS.--No public or private entity may

78

violate the constitutional rights of any customer, employee, or

79

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

80

     (a) No public or private entity may prohibit any customer,

81

employee, or invitee from possessing any legally owned firearm

82

when such firearm is lawfully possessed and locked inside or

83

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

84

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

85

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

86

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

87

inquiry regarding the presence of a firearm inside a private

88

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

89

private motor vehicle in a parking lot to ascertain the presence

90

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

91

entity may take any action against a customer, employee, or

92

invitee based upon verbal or written statements of any party

93

concerning possession of a firearm stored inside a private motor

94

vehicle in a parking lot for lawful purposes. A search of a

95

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

96

entity to ascertain the presence of a firearm within the vehicle

97

may only be conducted by on-duty law enforcement personnel based

98

upon due process and must comply with constitutional protections.

99

     (c) No employer shall condition employment upon any

100

agreement by a prospective employee that prohibits an employee

101

from keeping a legal firearm locked inside a motor vehicle when

102

such firearm is kept for lawful purposes.

103

     (d) No employer shall prohibit or attempt to prevent any

104

customer, employee, or invitee from entering the parking lot of

105

the employer's place of business when the customer's, employee's,

106

or invitee's motor vehicle contains a legal firearm, being

107

carried for lawful purposes, that is out of sight within the

108

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

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

keep and bear arms or for exercising the right of self-defense as

113

long as a firearm is never exhibited on company property for any

114

reason other than lawful defensive purposes.

115

116

This subsection applies to all public-sector employers, including

117

those already prohibited from regulating firearms under the

118

provisions of s. 790.33.

119

     (3) DUTY OF PUBLIC AND PRIVATE ENTITIES AND EMPLOYERS;

120

IMMUNITY FROM LIABILITY.--

121

     (a) Except for public or private entities and employers

122

subject to the exceptions of subsection (6), a public or private

123

entity or employer has no duty to:

124

     1. Prohibit any customer, employee, or invitee from

125

possessing a legal firearm in a locked motor vehicle in the

126

entity's or employer's parking lot;

127

     2. Search a motor vehicle in the entity's or employer's

128

parking lot or inquire regarding the presence of a firearm in a

129

locked motor vehicle in the entity's or employer's parking lot;

130

     3. Condition employment upon an agreement regarding the

131

employee's possession of a legal firearm within a locked motor

132

vehicle in the entity's or employer's parking lot; or

133

     4. Terminate the employment of an employee for exercising

134

his or her right to bear arms or for exercising the right of

135

self-defense, as long as a firearm is never exhibited on company

136

property for any reason other than lawful defensive purposes.

137

     (b) Except for public or private entities and employers

138

subject to the exceptions of subsection (6), a public or private

139

entity or employer is not liable in a civil action based on

140

actions or inactions taken in compliance with this section. The

141

immunity provided in this subsection does not apply to civil

142

actions based on actions or inactions of public or private

143

entities or employers that are unrelated to compliance with this

144

section.

145

     (4) ENFORCEMENT.--The Attorney General shall enforce the

146

protections of this act on behalf of any customer, employee, or

147

invitee aggrieved under this act. If there is reasonable cause to

148

believe that the aggrieved person's rights under this act have

149

been violated by a public or private entity, the Attorney General

150

shall commence a civil or administrative action for damages,

151

injunctive relief and civil penalties, and such other relief as

152

may be appropriate under the provisions of s. 760.51, or may

153

negotiate a settlement with any employer on behalf of any person

154

aggrieved under the act. However, nothing in this act shall

155

prohibit the right of a person aggrieved under this act to bring

156

a civil action for violation of rights protected under the act.

157

In any successful action brought by a customer, employee, or

158

invitee aggrieved under this act, the court shall award all court

159

costs, attorney's fees, and reasonable personal costs and losses

160

suffered by the aggrieved person as a result of the violation of

161

rights under this act.

162

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

163

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

164

parking motor vehicles and is available to customers, employees,

165

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

166

motor vehicles.

167

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

168

sports utility vehicle, motor home, recreational vehicle,

169

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

170

roads of this state and required to be registered under state

171

law.

172

     (c) "Employee" means any person who:

173

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

174

     2. Is an independent contractor; or

175

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

176

an employer.

177

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

178

proprietorship, partnership, corporation, limited liability

179

company, professional association, cooperative, joint venture,

180

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

181

entity, that has employees.

182

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

183

customer or visitor, who is lawfully on the premises of an entity

184

described in paragraph (d).

185

186

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

187

and accouterments attendant to the lawful possession and use of a

188

firearm.

189

     (6) EXCEPTIONS.--The prohibitions in subsection (2) do not

190

apply to:

191

     (a) Any school property as defined and regulated under s.

192

790.115.

193

     (b) Any state correctional institution regulated under s.

194

944.47.

195

     (c) Property owned or leased by an employer or the landlord

196

of an employer upon which are conducted substantial activities

197

involving national defense, aerospace, or domestic security.

198

     (d) Property owned or leased by an employer or the landlord

199

of an employer upon which the primary business conducted is the

200

manufacture, use, storage, or transportation of combustible or

201

explosive materials regulated under state or federal law.

202

     (e) A motor vehicle owned, leased, or rented by an employer

203

or the landlord of an employer.

204

     (f) Any other property owned or leased by an employer or

205

the landlord of an employer upon which possession of a firearm or

206

other legal product by a customer, employee, or invitee is

207

prohibited pursuant to any federal law or any general law of this

208

state on the effective date of this act.

209

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

210

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

211

in Motor Vehicles Act of 2008."

212

     Section 2.  This act shall take effect upon becoming a law

213

and shall apply to causes of action accruing on or after that

214

date.