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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 legislative

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findings and intent; prohibiting a public or private

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entity from prohibiting a customer, employee, or invitee

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from possessing any legally owned firearm that is lawfully

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possessed and locked inside or locked to a private motor

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vehicle in a parking lot; prohibiting a public or private

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entity from violating the privacy rights of a customer,

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employee, or invitee by verbal or written inquiry

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regarding the presence of a firearm inside 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 entity against a customer, employee, or

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invitee based upon verbal or written statements concerning

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possession of a firearm stored inside a private motor

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vehicle in a parking lot for lawful purposes; providing

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conditions under which a search of a private motor vehicle

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

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conducted; prohibiting an employer from conditioning

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employment upon an agreement by a prospective employee

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that prohibits employees from keeping a legal firearm

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locked inside a motor vehicle; prohibiting an employer

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from attempting to prevent or prohibiting any customer,

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employee, or invitee from entering the parking lot of the

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

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

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firearm; prohibiting employers from terminating the

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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;

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delineating duties not owed by public and private entities

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and employers with respect to the provisions of the act;

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providing specified immunity from liability for public and

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private entities and employers; providing nonapplicability

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of such immunity; providing for enforcement of the act;

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

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providing definitions; providing exceptions to the

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prohibitions under the act; providing applicability;

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providing an effective date.

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

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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 entities and

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employers; immunity from liability; enforcement.--

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     (1) 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.

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     (2) PROHIBITED ACTS.--No public or private entity 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 entity may prohibit any customer,

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employee, or invitee from possessing any legally owned firearm

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when such firearm is lawfully possessed and locked inside or

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

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

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     (b) No public or private entity 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 a private

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

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private motor vehicle in a parking lot to ascertain the presence

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

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

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invitee based upon verbal or written statements of any party

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concerning possession of a firearm stored inside a private motor

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

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

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entity to ascertain the presence of a firearm within the vehicle

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

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upon due process and must comply with constitutional protections.

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     (c) No employer shall condition employment upon any

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agreement by a prospective employee that prohibits an employee

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from keeping a legal firearm locked inside a motor vehicle when

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such firearm is kept for lawful purposes.

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

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

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

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

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

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

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     (e) No employer may terminate the employment of or

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otherwise discriminate against an employee, or expel a customer

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or invitee, for exercising his or her constitutional right to

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

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

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reason other than lawful defensive 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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     (3) DUTY OF PUBLIC AND PRIVATE ENTITIES AND EMPLOYERS;

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IMMUNITY FROM LIABILITY.--

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     (a) Except for public or private entities and employers

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

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entity or employer has no duty to:

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     1. Prohibit any customer, employee, or invitee from

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possessing a legal firearm in a locked motor vehicle in the

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entity's or employer's parking lot;

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

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

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

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     3. Condition employment upon an agreement regarding the

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

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

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     4. Terminate the employment of an employee for exercising

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

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

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property for any reason other than lawful defensive purposes.

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     (b) Except for public or private entities and employers

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

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

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actions or inactions taken in compliance with this section. The

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immunity provided in this subsection does not apply to civil

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actions based on actions or inactions by public or private

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entities or employers which are unrelated to compliance with this

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section. This section does not create a new duty on the part of

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the employer, property owner, or property owner's agent.

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

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

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

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

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

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shall commence a civil or administrative action for damages,

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injunctive relief and civil penalties, and such other relief as

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

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negotiate a settlement with any employer on behalf of any person

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

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

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

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

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

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

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

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rights under this act.

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     (5) 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:

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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 an entity

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described in paragraph (d).

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

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and accouterments attendant to the lawful possession and use of a

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firearm.

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

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apply to:

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

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790.115.

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     (b) Any correctional institution regulated under s. 944.47

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or chapter 957.

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

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of an employer upon which are conducted substantial activities

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involving national defense, aerospace, or domestic security.

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

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of an employer upon which the primary business conducted is the

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manufacture, use, storage, or transportation of combustible or

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explosive materials regulated under state or federal law.

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

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or the landlord of an employer.

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

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

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

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

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state on the effective date of this act.

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

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

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date.