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

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