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

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