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