Florida Senate - 2019                                    SB 1532
       
       
        
       By Senator Rouson
       
       
       
       
       
       19-01528-19                                           20191532__
    1                        A bill to be entitled                      
    2         An act relating to local regulation of firearms and
    3         ammunition; repealing s. 790.33, F.S., relating to a
    4         preemption of the field of regulation of firearms and
    5         ammunition to the state and penalizing violations;
    6         amending s. 790.251, F.S.; conforming provisions to
    7         changes made by the act; providing an effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Section 790.33, Florida Statutes, is repealed.
   12         Section 2. Subsection (4) of section 790.251, Florida
   13  Statutes, is amended to read:
   14         790.251 Protection of the right to keep and bear arms in
   15  motor vehicles for self-defense and other lawful purposes;
   16  prohibited acts; duty of public and private employers; immunity
   17  from liability; enforcement.—
   18         (4) PROHIBITED ACTS.—No public or private employer may
   19  violate the constitutional rights of any customer, employee, or
   20  invitee as provided in paragraphs (a)-(e):
   21         (a) No public or private employer may prohibit any
   22  customer, employee, or invitee from possessing any legally owned
   23  firearm when such firearm is lawfully possessed and locked
   24  inside or locked to a private motor vehicle in a parking lot and
   25  when the customer, employee, or invitee is lawfully in such
   26  area.
   27         (b) No public or private employer may violate the privacy
   28  rights of a customer, employee, or invitee by verbal or written
   29  inquiry regarding the presence of a firearm inside or locked to
   30  a private motor vehicle in a parking lot or by an actual search
   31  of a private motor vehicle in a parking lot to ascertain the
   32  presence of a firearm within the vehicle. Further, no public or
   33  private employer may take any action against a customer,
   34  employee, or invitee based upon verbal or written statements of
   35  any party concerning possession of a firearm stored inside a
   36  private motor vehicle in a parking lot for lawful purposes. A
   37  search of a private motor vehicle in the parking lot of a public
   38  or private employer to ascertain the presence of a firearm
   39  within the vehicle may only be conducted by on-duty law
   40  enforcement personnel, based upon due process and must comply
   41  with constitutional protections.
   42         (c) No public or private employer shall condition
   43  employment upon either:
   44         1. The fact that an employee or prospective employee holds
   45  or does not hold a license issued pursuant to s. 790.06; or
   46         2. Any agreement by an employee or a prospective employee
   47  that prohibits an employee from keeping a legal firearm locked
   48  inside or locked to a private motor vehicle in a parking lot
   49  when such firearm is kept for lawful purposes.
   50         (d) No public or private employer shall prohibit or attempt
   51  to prevent any customer, employee, or invitee from entering the
   52  parking lot of the employer’s place of business because the
   53  customer’s, employee’s, or invitee’s private motor vehicle
   54  contains a legal firearm being carried for lawful purposes, that
   55  is out of sight within the customer’s, employee’s, or invitee’s
   56  private motor vehicle.
   57         (e) No public or private employer may terminate the
   58  employment of or otherwise discriminate against an employee, or
   59  expel a customer or invitee for exercising his or her
   60  constitutional right to keep and bear arms or for exercising the
   61  right of self-defense as long as a firearm is never exhibited on
   62  company property for any reason other than lawful defensive
   63  purposes.
   64  
   65  This subsection applies to all public sector employers,
   66  including those already prohibited from regulating firearms
   67  under the provisions of s. 790.33.
   68         Section 3. This act shall take effect upon becoming a law.