| 1 | Representative Mayfield offered the following: |
| 2 |
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| 3 | Substitute Amendment for Amendment (616087) (with title |
| 4 | amendment) |
| 5 | Remove everything after the enacting clause and insert: |
| 6 | Section 1. Section 790.251, Florida Statutes, is created |
| 7 | to read: |
| 8 | 790.251 Protection of the right to keep and bear arms in |
| 9 | motor vehicles for self-defense and other lawful purposes; |
| 10 | prohibited acts; duty of public and private employers; immunity |
| 11 | from liability; enforcement.-- |
| 12 | (1) LEGISLATIVE INTENT; FINDINGS.--This act is intended to |
| 13 | codify the long-standing legislative policy of the state that |
| 14 | individual citizens have a constitutional right to keep and bear |
| 15 | arms, that they have a constitutional right to possess and keep |
| 16 | legally owned firearms within their motor vehicles for self- |
| 17 | defense and other lawful purposes, and that these rights are not |
| 18 | abrogated by virtue of a citizen becoming a customer, employee, |
| 19 | or invitee of a business entity. It is the finding of the |
| 20 | Legislature that a citizen's lawful possession, transportation, |
| 21 | and secure keeping of firearms and ammunition within his or her |
| 22 | motor vehicle is essential to the exercise of the fundamental |
| 23 | constitutional right to keep and bear arms and the |
| 24 | constitutional right of self-defense. The Legislature finds that |
| 25 | protecting and preserving these rights is essential to the |
| 26 | exercise of freedom and individual responsibility. The |
| 27 | Legislature further finds that no citizen can or should be |
| 28 | required to waive or abrogate his or her right to possess and |
| 29 | securely keep firearms and ammunition locked within his or her |
| 30 | motor vehicle by virtue of becoming a customer, employee, or |
| 31 | invitee of any employer or business establishment within the |
| 32 | state, unless specifically required by state or federal law. |
| 33 | (2) PROHIBITED ACTS.--No public or private employer may |
| 34 | violate the constitutional rights of any customer, employee, or |
| 35 | invitee as provided in paragraphs (a)-(e): |
| 36 | (a) No public or private employer may prohibit any |
| 37 | customer, employee, or invitee from possessing any legally owned |
| 38 | firearm when such firearm is lawfully possessed and locked |
| 39 | inside or locked to a private motor vehicle in a parking lot and |
| 40 | when the customer, employee, or invitee is lawfully in such |
| 41 | area. |
| 42 | (b) No public or private employer may violate the privacy |
| 43 | rights of a customer, employee, or invitee by verbal or written |
| 44 | inquiry regarding the presence of a firearm inside or locked to |
| 45 | a private motor vehicle in a parking lot or by an actual search |
| 46 | of a private motor vehicle in a parking lot to ascertain the |
| 47 | presence of a firearm within the vehicle. Further, no public or |
| 48 | private employer may take any action against a customer, |
| 49 | employee, or invitee based upon verbal or written statements of |
| 50 | any party concerning possession of a firearm stored inside a |
| 51 | private motor vehicle in a parking lot for lawful purposes. A |
| 52 | search of a private motor vehicle in the parking lot of a public |
| 53 | or private employer to ascertain the presence of a firearm |
| 54 | within the vehicle may only be conducted by on-duty law |
| 55 | enforcement personnel, based upon due process and must comply |
| 56 | with constitutional protections. |
| 57 | (c) No public or private employer shall condition |
| 58 | employment upon either: |
| 59 | 1. The fact that an employee or prospective employee holds |
| 60 | or does not hold a license issued pursuant to s. 790.06; or |
| 61 | 2. Any agreement by an employee or a prospective employee |
| 62 | that prohibits an employee from keeping a legal firearm locked |
| 63 | inside or locked to a private motor vehicle in a parking lot |
| 64 | when such firearm is kept for lawful purposes. |
| 65 | (d) No public or private employer shall prohibit or |
| 66 | attempt to prevent any customer, employee, or invitee from |
| 67 | entering the parking lot of the employer's place of business |
| 68 | because the customer's, employee's, or invitee's private motor |
| 69 | vehicle contains a legal firearm being carried for lawful |
| 70 | purposes, that is out of sight within the customer's, |
| 71 | employee's, or invitee's private motor vehicle. |
| 72 | (e) No public or private employer may terminate the |
| 73 | employment of or otherwise discriminate against an employee, or |
| 74 | expel a customer or invitee for exercising his or her |
| 75 | constitutional right to keep and bear arms or for exercising the |
| 76 | right of self-defense as long as a firearm is never exhibited on |
| 77 | company property for any reason other than lawful defensive |
| 78 | purposes. |
| 79 | |
| 80 | This subsection applies to all public-sector employers, |
| 81 | including those already prohibited from regulating firearms |
| 82 | under the provisions of s. 790.33. |
| 83 | (3) DUTY OF CARE OF PUBLIC AND PRIVATE EMPLOYERS; IMMUNITY |
| 84 | FROM LIABILITY.-- |
| 85 | (a) When subject to the provisions of subsection (2), a |
| 86 | public or private employer has no duty of care related to the |
| 87 | actions prohibited under such subsection. |
| 88 | (b) A public or private employer is not liable in a civil |
| 89 | action based on actions or inactions taken in compliance with |
| 90 | this section. The immunity provided in this subsection does not |
| 91 | apply to civil actions based on actions or inactions of public |
| 92 | or private employers that are unrelated to compliance with this |
| 93 | section. |
| 94 | (c) Nothing contained in this section shall be interpreted |
| 95 | to expand any existing duty, or create any additional duty, on |
| 96 | the part of a public or private employer, property owner, or |
| 97 | property owner's agent. |
| 98 | (4) ENFORCEMENT.--The Attorney General shall enforce the |
| 99 | protections of this act on behalf of any customer, employee, or |
| 100 | invitee aggrieved under this act. If there is reasonable cause |
| 101 | to believe that the aggrieved person's rights under this act |
| 102 | have been violated by a public or private employer, the Attorney |
| 103 | General shall commence a civil or administrative action for |
| 104 | damages, injunctive relief and civil penalties, and such other |
| 105 | relief as may be appropriate under the provisions of s. 760.51, |
| 106 | or may negotiate a settlement with any employer on behalf of any |
| 107 | person aggrieved under the act. However, nothing in this act |
| 108 | shall prohibit the right of a person aggrieved under this act to |
| 109 | bring a civil action for violation of rights protected under the |
| 110 | act. In any successful action brought by a customer, employee, |
| 111 | or invitee aggrieved under this act, the court shall award all |
| 112 | reasonable personal costs and losses suffered by the aggrieved |
| 113 | person as a result of the violation of rights under this act. In |
| 114 | any action brought pursuant to this act, the court shall award |
| 115 | all court costs and attorney's fees to the prevailing party. |
| 116 | (5) DEFINITIONS.--As used in this section, the term: |
| 117 | (a) "Parking lot" means any property that is used for |
| 118 | parking motor vehicles and is available to customers, employees, |
| 119 | or invitees for temporary or long-term parking or storage of |
| 120 | motor vehicles. |
| 121 | (b) "Motor vehicle" means any automobile, truck, minivan, |
| 122 | sports utility vehicle, motor home, recreational vehicle, |
| 123 | motorcycle, motor scooter, or any other vehicle operated on the |
| 124 | roads of this state and required to be registered under state |
| 125 | law. |
| 126 | (c) "Employee" means any person who possesses a valid |
| 127 | license issued pursuant to s. 790.06 and: |
| 128 | 1. Works for salary, wages, or other remuneration; |
| 129 | 2. Is an independent contractor; or |
| 130 | 3. Is a volunteer, intern, or other similar individual for |
| 131 | an employer. |
| 132 | (d) "Employer" means any business that is a sole |
| 133 | proprietorship, partnership, corporation, limited liability |
| 134 | company, professional association, cooperative, joint venture, |
| 135 | trust, firm, institution, or association, or public-sector |
| 136 | entity, that has employees. |
| 137 | (e) "Invitee" means any business invitee, including a |
| 138 | customer or visitor, who is lawfully on the premises of a public |
| 139 | or private employer. |
| 140 | |
| 141 | As used in this section, the term "firearm" includes ammunition |
| 142 | and accoutrements attendant to the lawful possession and use of |
| 143 | a firearm. |
| 144 | (6) EXCEPTIONS.--The prohibitions in subsection (2) do not |
| 145 | apply to: |
| 146 | (a) Any school property as defined and regulated under s. |
| 147 | 790.115. |
| 148 | (b) Any correctional institution regulated under s. 944.47 |
| 149 | or chapter 957. |
| 150 | (c) Any property where a nuclear-powered electricity |
| 151 | generation facility is located. |
| 152 | (d) Property owned or leased by a public or private |
| 153 | employer or the landlord of a public or private employer upon |
| 154 | which are conducted substantial activities involving national |
| 155 | defense, aerospace, or homeland security. |
| 156 | (e) Property owned or leased by a public or private |
| 157 | employer or the landlord of a public or private employer upon |
| 158 | which the primary business conducted is the manufacture, use, |
| 159 | storage, or transportation of combustible or explosive materials |
| 160 | regulated under state or federal law, or property owned or |
| 161 | leased by an employer who has obtained a permit required under |
| 162 | 18 U.S.C. s. 842 to engage in the business of importing, |
| 163 | manufacturing, or dealing in explosive materials on such |
| 164 | property. |
| 165 | (f) A motor vehicle owned, leased, or rented by a public |
| 166 | or private employer or the landlord of a public or private |
| 167 | employer. |
| 168 | (g) Any other property owned or leased by a public or |
| 169 | private employer or the landlord of a public or private employer |
| 170 | upon which possession of a firearm or other legal product by a |
| 171 | customer, employee, or invitee is prohibited pursuant to any |
| 172 | federal law, contract with a federal government entity, or |
| 173 | general law of this state. |
| 174 | (7) SHORT TITLE.--This section may be cited as the |
| 175 | "Preservation and Protection of the Right to Keep and Bear Arms |
| 176 | in Motor Vehicles Act of 2008." |
| 177 | Section 2. This act shall take effect July 1, 2008, and |
| 178 | shall apply to causes of action accruing on or after that date. |
| 179 |
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| 180 |
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| 181 |
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| 182 | ----------------------------------------------------- |
| 183 | T I T L E A M E N D M E N T |
| 184 | Remove the entire title and insert: |
| 185 | A bill to be entitled |
| 186 | An act relating to the "Preservation and Protection of the |
| 187 | Right to Keep and Bear Arms in Motor Vehicles Act of |
| 188 | 2008"; creating s. 790.251, F.S.; creating the |
| 189 | "Preservation and Protection of the Right to Keep and Bear |
| 190 | Arms in Motor Vehicles Act of 2008"; providing legislative |
| 191 | findings and intent; prohibiting a public or private |
| 192 | employer from prohibiting a customer, employee, or invitee |
| 193 | from possessing any legally owned firearm that is lawfully |
| 194 | possessed and locked inside or locked to a private motor |
| 195 | vehicle in a parking lot; prohibiting a public or private |
| 196 | employer from violating the privacy rights of a customer, |
| 197 | employee, or invitee by verbal or written inquiry |
| 198 | regarding the presence of a firearm inside or locked to a |
| 199 | private motor vehicle in a parking lot or by the search of |
| 200 | a private motor vehicle in a parking lot to ascertain the |
| 201 | presence of a firearm within the vehicle; prohibiting |
| 202 | actions by a public or private employer against a |
| 203 | customer, employee, or invitee based upon verbal or |
| 204 | written statements concerning possession of a firearm |
| 205 | stored inside a private motor vehicle in a parking lot for |
| 206 | lawful purposes; providing conditions under which a search |
| 207 | of a private motor vehicle in the parking lot of a public |
| 208 | or private employer may be conducted; prohibiting a public |
| 209 | or private employer from conditioning employment upon |
| 210 | specified licensure status or upon a specified agreement; |
| 211 | prohibiting a public or private employer from attempting |
| 212 | to prevent or prohibiting any customer, employee, or |
| 213 | invitee from entering the parking lot of the employer's |
| 214 | place of business because the customer's, employee's, or |
| 215 | invitee's private motor vehicle contains a legal firearm; |
| 216 | prohibiting public or private employers from terminating |
| 217 | the employment of or otherwise discriminating against an |
| 218 | employee, or expelling a customer or invitee, for |
| 219 | exercising his or her constitutional right to keep and |
| 220 | bear arms or for exercising the right of self-defense; |
| 221 | providing a condition to the prohibition; providing that |
| 222 | such prohibitions apply to all public-sector employers; |
| 223 | providing that, when subject to the prohibitions imposed |
| 224 | by the act, a public or private employer has no duty of |
| 225 | care related to the actions prohibited thereunder; |
| 226 | providing specified immunity from liability for public and |
| 227 | private employers; providing nonapplicability of such |
| 228 | immunity; providing construction; providing for |
| 229 | enforcement of the act; providing for the award of |
| 230 | reasonable personal costs and losses; providing for the |
| 231 | award of court costs and attorney's fees; providing |
| 232 | definitions; providing exceptions to the prohibitions |
| 233 | under the act; providing a short title; providing |
| 234 | applicability; providing an effective date. |