Amendment
Bill No. CS/HB 503
Amendment No. 616087
CHAMBER ACTION
Senate House
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1Representative Mayfield offered the following:
2
3     Amendment (with title amendment)
4     Remove everything after the enacting clause and insert:
5
6     Section 1.  Section 790.251, Florida Statutes, is created
7to read:
8     790.251  Protection of the right to keep and bear arms in
9motor vehicles for self-defense and other lawful purposes;
10prohibited acts; duty of public and private employers; immunity
11from liability; enforcement.--
12     (1)  SHORT TITLE.--This section may be cited as the
13"Preservation and Protection of the Right to Keep and Bear Arms
14in Motor Vehicles Act of 2008."
15     (2)  DEFINITIONS.--As used in this section, the term:
16     (a)  "Parking lot" means any property that is used for
17parking motor vehicles and is available to customers, employees,
18or invitees for temporary or long-term parking or storage of
19motor vehicles.
20     (b)  "Motor vehicle" means any automobile, truck, minivan,
21sports utility vehicle, motor home, recreational vehicle,
22motorcycle, motor scooter, or any other vehicle operated on the
23roads of this state and required to be registered under state
24law.
25     (c)  "Employee" means any person who possesses a valid
26license issued pursuant to s. 790.06 and:
27     1.  Works for salary, wages, or other remuneration;
28     2.  Is an independent contractor; or
29     3.  Is a volunteer, intern, or other similar individual for
30an employer.
31     (d)  "Employer" means any business that is a sole
32proprietorship, partnership, corporation, limited liability
33company, professional association, cooperative, joint venture,
34trust, firm, institution, or association, or public-sector
35entity, that has employees.
36     (e)  "Invitee" means any business invitee, including a
37customer or visitor, who is lawfully on the premises of a public
38or private employer.
39
40As used in this section, the term "firearm" includes ammunition
41and accoutrements attendant to the lawful possession and use of
42a firearm.
43     (3)  LEGISLATIVE INTENT; FINDINGS.--This act is intended to
44codify the long-standing legislative policy of the state that
45individual citizens have a constitutional right to keep and bear
46arms, that they have a constitutional right to possess and keep
47legally owned firearms within their motor vehicles for self-
48defense and other lawful purposes, and that these rights are not
49abrogated by virtue of a citizen becoming a customer, employee,
50or invitee of a business entity. It is the finding of the
51Legislature that a citizen's lawful possession, transportation,
52and secure keeping of firearms and ammunition within his or her
53motor vehicle is essential to the exercise of the fundamental
54constitutional right to keep and bear arms and the
55constitutional right of self-defense. The Legislature finds that
56protecting and preserving these rights is essential to the
57exercise of freedom and individual responsibility. The
58Legislature further finds that no citizen can or should be
59required to waive or abrogate his or her right to possess and
60securely keep firearms and ammunition locked within his or her
61motor vehicle by virtue of becoming a customer, employee, or
62invitee of any employer or business establishment within the
63state, unless specifically required by state or federal law.
64     (4)  PROHIBITED ACTS.--No public or private employer may
65violate the constitutional rights of any customer, employee, or
66invitee as provided in paragraphs (a)-(e):
67     (a)  No public or private employer may prohibit any
68customer, employee, or invitee from possessing any legally owned
69firearm when such firearm is lawfully possessed and locked
70inside or locked to a private motor vehicle in a parking lot and
71when the customer, employee, or invitee is lawfully in such
72area.
73     (b)  No public or private employer may violate the privacy
74rights of a customer, employee, or invitee by verbal or written
75inquiry regarding the presence of a firearm inside or locked to
76a private motor vehicle in a parking lot or by an actual search
77of a private motor vehicle in a parking lot to ascertain the
78presence of a firearm within the vehicle. Further, no public or
79private employer may take any action against a customer,
80employee, or invitee based upon verbal or written statements of
81any party concerning possession of a firearm stored inside a
82private motor vehicle in a parking lot for lawful purposes. A
83search of a private motor vehicle in the parking lot of a public
84or private employer to ascertain the presence of a firearm
85within the vehicle may only be conducted by on-duty law
86enforcement personnel, based upon due process and must comply
87with constitutional protections.
88     (c)  No public or private employer shall condition
89employment upon either:
90     1.  The fact that an employee or prospective employee holds
91or does not hold a license issued pursuant to s. 790.06; or
92     2.  Any agreement by an employee or a prospective employee
93that prohibits an employee from keeping a legal firearm locked
94inside or locked to a private motor vehicle in a parking lot
95when such firearm is kept for lawful purposes.
96     (d)  No public or private employer shall prohibit or
97attempt to prevent any customer, employee, or invitee from
98entering the parking lot of the employer's place of business
99because the customer's, employee's, or invitee's private motor
100vehicle contains a legal firearm being carried for lawful
101purposes, that is out of sight within the customer's,
102employee's, or invitee's private motor vehicle.
103     (e)  No public or private employer may terminate the
104employment of or otherwise discriminate against an employee, or
105expel a customer or invitee for exercising his or her
106constitutional right to keep and bear arms or for exercising the
107right of self-defense as long as a firearm is never exhibited on
108company property for any reason other than lawful defensive
109purposes.
110
111This subsection applies to all public-sector employers,
112including those already prohibited from regulating firearms
113under the provisions of s. 790.33.
114     (5)  DUTY OF CARE OF PUBLIC AND PRIVATE EMPLOYERS; IMMUNITY
115FROM LIABILITY.--
116     (a)  When subject to the provisions of subsection (4), a
117public or private employer has no duty of care related to the
118actions prohibited under such subsection.
119     (b)  A public or private employer is not liable in a civil
120action based on actions or inactions taken in compliance with
121this section. The immunity provided in this subsection does not
122apply to civil actions based on actions or inactions of public
123or private employers that are unrelated to compliance with this
124section.
125     (c)  Nothing contained in this section shall be interpreted
126to expand any existing duty, or create any additional duty, on
127the part of a public or private employer, property owner, or
128property owner's agent.
129     (6)  ENFORCEMENT.--The Attorney General shall enforce the
130protections of this act on behalf of any customer, employee, or
131invitee aggrieved under this act. If there is reasonable cause
132to believe that the aggrieved person's rights under this act
133have been violated by a public or private employer, the Attorney
134General shall commence a civil or administrative action for
135damages, injunctive relief and civil penalties, and such other
136relief as may be appropriate under the provisions of s. 760.51,
137or may negotiate a settlement with any employer on behalf of any
138person aggrieved under the act. However, nothing in this act
139shall prohibit the right of a person aggrieved under this act to
140bring a civil action for violation of rights protected under the
141act. In any successful action brought by a customer, employee,
142or invitee aggrieved under this act, the court shall award all
143reasonable personal costs and losses suffered by the aggrieved
144person as a result of the violation of rights under this act. In
145any action brought pursuant to this act, the court shall award
146all court costs and attorney's fees to the prevailing party.
147     (7)  EXCEPTIONS.--The prohibitions in subsection (4) do not
148apply to:
149     (a)  Any school property as defined and regulated under s.
150790.115.
151     (b)  Any correctional institution regulated under s. 944.47
152or chapter 957.
153     (c)  Any property where a nuclear-powered electricity
154generation facility is located.
155     (d)  Property owned or leased by a public or private
156employer or the landlord of a public or private employer upon
157which are conducted substantial activities involving national
158defense, aerospace, or homeland security.
159     (e)  Property owned or leased by a public or private
160employer or the landlord of a public or private employer upon
161which the primary business conducted is the manufacture, use,
162storage, or transportation of combustible or explosive materials
163regulated under state or federal law, or property owned or
164leased by an employer who has obtained a permit required under
16518 U.S.C. s. 842 to engage in the business of importing,
166manufacturing, or dealing in explosive materials on such
167property.
168     (f)  A motor vehicle owned, leased, or rented by a public
169or private employer or the landlord of a public or private
170employer.
171     (g)  Any other property owned or leased by a public or
172private employer or the landlord of a public or private employer
173upon which possession of a firearm or other legal product by a
174customer, employee, or invitee is prohibited pursuant to any
175federal law, contract with a federal government entity, or
176general law of this state.
177     Section 2.  This act shall take effect July 1, 2008, and
178shall apply to causes of action accruing on or after that date.
179
180
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181
T I T L E  A M E N D M E N T
182     Remove the entire title and insert:
183
184
A bill to be entitled
185An act relating to the "Preservation and Protection of the
186Right to Keep and Bear Arms in Motor Vehicles Act of
1872008"; creating s. 790.251, F.S.; creating the
188"Preservation and Protection of the Right to Keep and Bear
189Arms in Motor Vehicles Act of 2008"; providing
190definitions; providing legislative findings and intent;
191prohibiting a public or private employer from prohibiting
192a customer, employee, or invitee from possessing any
193legally owned firearm that is lawfully possessed and
194locked inside or locked to a private motor vehicle in a
195parking lot; prohibiting a public or private employer from
196violating the privacy rights of a customer, employee, or
197invitee by verbal or written inquiry regarding the
198presence of a firearm inside or locked to a private motor
199vehicle in a parking lot or by the search of a private
200motor vehicle in a parking lot to ascertain the presence
201of a firearm within the vehicle; prohibiting actions by a
202public or private employer against a customer, employee,
203or invitee based upon verbal or written statements
204concerning possession of a firearm stored inside a private
205motor vehicle in a parking lot for lawful purposes;
206providing conditions under which a search of a private
207motor vehicle in the parking lot of a public or private
208employer may be conducted; prohibiting a public or private
209employer from conditioning employment upon specified
210licensure status or upon a specified agreement;
211prohibiting a public or private employer from attempting
212to prevent or prohibiting any customer, employee, or
213invitee from entering the parking lot of the employer's
214place of business because the customer's, employee's, or
215invitee's private motor vehicle contains a legal firearm;
216prohibiting public or private employers from terminating
217the employment of or otherwise discriminating against an
218employee, or expelling a customer or invitee, for
219exercising his or her constitutional right to keep and
220bear arms or for exercising the right of self-defense;
221providing a condition to the prohibition; providing that
222such prohibitions apply to all public-sector employers;
223providing that, when subject to the prohibitions imposed
224by the act, a public or private employer has no duty of
225care related to the actions prohibited thereunder;
226providing specified immunity from liability for public and
227private employers; providing nonapplicability of such
228immunity; providing construction; providing for
229enforcement of the act; providing for the award of
230reasonable personal costs and losses; providing for the
231award of court costs and attorney's fees; providing
232exceptions to the prohibitions under the act; providing
233applicability; providing an effective date.


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