HB 503

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
52	Section 1.  Section 790.251, Florida Statutes, is created
53	to read:
54	790.251  Protection of the right to keep and bear arms in
55	motor vehicles for self-defense and other lawful purposes;
56	prohibited acts; duty of public and private entities and
57	employers; immunity from liability; enforcement.--
58	(1)  LEGISLATIVE INTENT; FINDINGS.--This act is intended to
59	codify the long-standing legislative policy of the state that
60	individual citizens have a constitutional right to keep and bear
61	arms, that they have a constitutional right to possess and keep
62	legally owned firearms within their motor vehicles for self-
63	defense and other lawful purposes, and that these rights are not
64	abrogated by virtue of a citizen becoming a customer, employee,
65	or invitee of a business entity. It is the finding of the
66	Legislature that a citizen's lawful possession, transportation,
67	and secure keeping of firearms and ammunition within his or her
68	motor vehicle is essential to the exercise of the fundamental
69	constitutional right to keep and bear arms and the
70	constitutional right of self-defense. The Legislature finds that
71	protecting and preserving these rights is essential to the
72	exercise of freedom and individual responsibility. The
73	Legislature further finds that no citizen can or should be
74	required to waive or abrogate his or her right to possess and
75	securely keep firearms and ammunition locked within his or her
76	motor vehicle by virtue of becoming a customer, employee, or
77	invitee of any employer or business establishment within the
78	state.
79	(2)  PROHIBITED ACTS.--No public or private entity may
80	violate the constitutional rights of any customer, employee, or
81	invitee as provided in paragraphs (a)-(e):
82	(a)  No public or private entity may prohibit any customer,
83	employee, or invitee from possessing any legally owned firearm
84	when such firearm is lawfully possessed and locked inside or
85	locked to a private motor vehicle in a parking lot and when the
86	customer, employee, or invitee is lawfully in such area.
87	(b)  No public or private entity may violate the privacy
88	rights of a customer, employee, or invitee by verbal or written
89	inquiry regarding the presence of a firearm inside a private
90	motor vehicle in a parking lot or by an actual search of a
91	private motor vehicle in a parking lot to ascertain the presence
92	of a firearm within the vehicle. Further, no public or private
93	entity may take any action against a customer, employee, or
94	invitee based upon verbal or written statements of any party
95	concerning possession of a firearm stored inside a private motor
96	vehicle in a parking lot for lawful purposes. A search of a
97	private motor vehicle in the parking lot of a public or private
98	entity to ascertain the presence of a firearm within the vehicle
99	may only be conducted by on-duty law enforcement personnel based
100	upon due process and must comply with constitutional
101	protections.
102	(c)  No employer shall condition employment upon any
103	agreement by a prospective employee that prohibits an employee
104	from keeping a legal firearm locked inside a motor vehicle when
105	such firearm is kept for lawful purposes.
106	(d)  No employer shall prohibit or attempt to prevent any
107	customer, employee, or invitee from entering the parking lot of
108	the employer's place of business when the customer's,
109	employee's, or invitee's motor vehicle contains a legal firearm,
110	being carried for lawful purposes, that is out of sight within
111	the customer's, employee's, or invitee's motor vehicle.
112	(e)  No employer may terminate the employment of or
113	otherwise discriminate against an employee, or expel a customer
114	or invitee, for exercising his or her constitutional right to
115	keep and bear arms or for exercising the right of self-defense
116	as long as a firearm is never exhibited on company property for
117	any reason other than lawful defensive purposes.
118
119	This subsection applies to all public-sector employers,
120	including those already prohibited from regulating firearms
121	under the provisions of s. 790.33.
122	(3)  DUTY OF PUBLIC AND PRIVATE ENTITIES AND EMPLOYERS;
123	IMMUNITY FROM LIABILITY.--
124	(a)  Except for public or private entities and employers
125	subject to the exceptions of subsection (6), a public or private
126	entity or employer has no duty to:
127	1.  Prohibit any customer, employee, or invitee from
128	possessing a legal firearm in a locked motor vehicle in the
129	entity's or employer's parking lot;
130	2.  Search a motor vehicle in the entity's or employer's
131	parking lot or inquire regarding the presence of a firearm in a
132	locked motor vehicle in the entity's or employer's parking lot;
133	3.  Condition employment upon an agreement regarding the
134	employee's possession of a legal firearm within a locked motor
135	vehicle in the entity's or employer's parking lot; or
136	4.  Terminate the employment of an employee for exercising
137	his or her right to bear arms or for exercising the right of
138	self-defense, as long as a firearm is never exhibited on company
139	property for any reason other than lawful defensive purposes.
140	(b)  Except for public or private entities and employers
141	subject to the exceptions of subsection (6), a public or private
142	entity or employer is not liable in a civil action based on
143	actions or inactions taken in compliance with this section. The
144	immunity provided in this subsection does not apply to civil
145	actions based on actions or inactions of public or private
146	entities or employers that are unrelated to compliance with this
147	section.
148	(4)  ENFORCEMENT.--The Attorney General shall enforce the
149	protections of this act on behalf of any customer, employee, or
150	invitee aggrieved under this act. If there is reasonable cause
151	to believe that the aggrieved person's rights under this act
152	have been violated by a public or private entity, the Attorney
153	General shall commence a civil or administrative action for
154	damages, injunctive relief and civil penalties, and such other
155	relief as may be appropriate under the provisions of s. 760.51,
156	or may negotiate a settlement with any employer on behalf of any
157	person aggrieved under the act. However, nothing in this act
158	shall prohibit the right of a person aggrieved under this act to
159	bring a civil action for violation of rights protected under the
160	act. In any successful action brought by a customer, employee,
161	or invitee aggrieved under this act, the court shall award all
162	court costs, attorney's fees, and reasonable personal costs and
163	losses suffered by the aggrieved person as a result of the
164	violation of rights under this act.
165	(5)  DEFINITIONS.--As used in this section, the term:
166	(a)  "Parking lot" means any property that is used for
167	parking motor vehicles and is available to customers, employees,
168	or invitees for temporary or long-term parking or storage of
169	motor vehicles.
170	(b)  "Motor vehicle" means any automobile, truck, minivan,
171	sports utility vehicle, motor home, recreational vehicle,
172	motorcycle, motor scooter, or any other vehicle operated on the
173	roads of this state and required to be registered under state
174	law.
175	(c)  "Employee" means any person who:
176	1.  Works for salary, wages, or other remuneration;
177	2.  Is an independent contractor; or
178	3.  Is a volunteer, intern, or other similar individual for
179	an employer.
180	(d)  "Employer" means any business that is a sole
181	proprietorship, partnership, corporation, limited liability
182	company, professional association, cooperative, joint venture,
183	trust, firm, institution, or association, or public-sector
184	entity, that has employees.
185	(e)  "Invitee" means any business invitee, including a
186	customer or visitor, who is lawfully on the premises of an
187	entity described in paragraph (d).
188
189	As used in this section, the term "firearm" includes ammunition
190	and accouterments attendant to the lawful possession and use of
191	a firearm.
192	(6)  EXCEPTIONS.--The prohibitions in subsection (2) do not
193	apply to:
194	(a)  Any school property as defined and regulated under s.
195	790.115.
196	(b)  Any state correctional institution regulated under s.
197	944.47.
198	(c)  Property owned or leased by an employer or the
199	landlord of an employer upon which are conducted substantial
200	activities involving national defense, aerospace, or domestic
201	security.
202	(d)  Property owned or leased by an employer or the
203	landlord of an employer upon which the primary business
204	conducted is the manufacture, use, storage, or transportation of
205	combustible or explosive materials regulated under state or
206	federal law.
207	(e)  A motor vehicle owned, leased, or rented by an
208	employer or the landlord of an employer.
209	(f)  Any other property owned or leased by an employer or
210	the landlord of an employer upon which possession of a firearm
211	or other legal product by a customer, employee, or invitee is
212	prohibited pursuant to any federal law or any general law of
213	this state on the effective date of this act.
214	(7)  SHORT TITLE.--This section may be cited as the
215	"Preservation and Protection of the Right to Keep and Bear Arms
216	in Motor Vehicles Act of 2008."
217	Section 2.  This act shall take effect upon becoming a law
218	and shall apply to causes of action accruing on or after that
219	date.

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