Florida Senate - 2019                                     SB 598
       
       
        
       By Senator Albritton
       
       
       
       
       
       26-00863-19                                            2019598__
    1                        A bill to be entitled                      
    2         An act relating to firearms; amending s. 790.115,
    3         F.S.; authorizing a concealed weapon or concealed
    4         firearm licensee to carry a concealed firearm on the
    5         property of a religious institution during religious
    6         services or religious institution events when the
    7         property also contains a school; providing exceptions;
    8         reenacting s. 775.30(2), F.S., relating to terrorism,
    9         to incorporate the amendment made to s. 790.115, F.S.,
   10         in a reference thereto; providing an effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Subsection (2) of section 790.115, Florida
   15  Statutes, is amended to read:
   16         790.115 Possessing or discharging weapons or firearms at a
   17  school-sponsored event or on school property prohibited;
   18  penalties; exceptions.—
   19         (2)(a) A person may shall not possess a any firearm,
   20  electric weapon or device, destructive device, or other weapon
   21  as defined in s. 790.001(13), including a razor blade or box
   22  cutter, except as authorized in support of school-sanctioned
   23  activities, at a school-sponsored event, or on the property of
   24  any school, school bus, or school bus stop; however, a person
   25  may carry a firearm:
   26         1. In a case to a firearms program, class, or function
   27  which has been approved in advance by the principal or chief
   28  administrative officer of the school as a program or class to
   29  which firearms could be carried;
   30         2. In a case to a career center having a firearms training
   31  range; or
   32         3. In a vehicle pursuant to s. 790.25(5); except that
   33  school districts may adopt written and published policies that
   34  waive the exception in this subparagraph for purposes of student
   35  and campus parking privileges; or
   36         4. In a concealed manner, if the person is authorized to
   37  carry a concealed firearm under s. 790.06, upon the property of
   38  a religious institution, as defined in s. 496.404, during
   39  religious services or religious institution events when the
   40  property also contains a school. However, a person may not carry
   41  a concealed firearm:
   42         a. During school hours or when curricular or
   43  extracurricular school-sponsored events are taking place on the
   44  property.
   45         b. In any place or in any manner prohibited by federal law.
   46  
   47  For the purposes of this section, “school” means any preschool,
   48  elementary school, middle school, junior high school, secondary
   49  school, career center, or postsecondary school, whether public
   50  or nonpublic.
   51         (b) A person who willfully and knowingly possesses any
   52  electric weapon or device, destructive device, or other weapon
   53  as defined in s. 790.001(13), including a razor blade or box
   54  cutter, except as authorized in support of school-sanctioned
   55  activities, in violation of this subsection commits a felony of
   56  the third degree, punishable as provided in s. 775.082, s.
   57  775.083, or s. 775.084.
   58         (c)1. A person who willfully and knowingly possesses any
   59  firearm in violation of this subsection commits a felony of the
   60  third degree, punishable as provided in s. 775.082, s. 775.083,
   61  or s. 775.084.
   62         2. A person who stores or leaves a loaded firearm within
   63  the reach or easy access of a minor who obtains the firearm and
   64  commits a violation of subparagraph 1. commits a misdemeanor of
   65  the second degree, punishable as provided in s. 775.082 or s.
   66  775.083; except that this does not apply if the firearm was
   67  stored or left in a securely locked box or container or in a
   68  location which a reasonable person would have believed to be
   69  secure, or was securely locked with a firearm-mounted push
   70  button combination lock or a trigger lock; if the minor obtains
   71  the firearm as a result of an unlawful entry by any person; or
   72  to members of the Armed Forces, National Guard, or State
   73  Militia, or to police or other law enforcement officers, with
   74  respect to firearm possession by a minor which occurs during or
   75  incidental to the performance of their official duties.
   76         (d) A person who discharges any weapon or firearm while in
   77  violation of paragraph (a), unless discharged for lawful defense
   78  of himself or herself or another or for a lawful purpose,
   79  commits a felony of the second degree, punishable as provided in
   80  s. 775.082, s. 775.083, or s. 775.084.
   81         (e) The penalties of this subsection shall not apply to
   82  persons licensed under s. 790.06. Persons licensed under s.
   83  790.06 shall be punished as provided in s. 790.06(12), except
   84  that a licenseholder who unlawfully discharges a weapon or
   85  firearm on school property as prohibited by this subsection
   86  commits a felony of the second degree, punishable as provided in
   87  s. 775.082, s. 775.083, or s. 775.084.
   88         Section 2. For the purpose of incorporating the amendment
   89  made by this act to section 790.115, Florida Statutes, in a
   90  reference thereto, subsection (2) of section 775.30, Florida
   91  Statutes, is reenacted to read:
   92         775.30 Terrorism; defined; penalties.—
   93         (2) A person who violates s. 782.04(1)(a)1. or (2), s.
   94  782.065, s. 782.07(1), s. 782.09, s. 784.045, s. 784.07, s.
   95  787.01, s. 787.02, s. 787.07, s. 790.115, s. 790.15, s. 790.16,
   96  s. 790.161, s. 790.1615, s. 790.162, s. 790.166, s. 790.19, s.
   97  806.01, s. 806.031, s. 806.111, s. 815.06, s. 815.061, s.
   98  859.01, or s. 876.34, in furtherance of intimidating or coercing
   99  the policy of a government, or in furtherance of affecting the
  100  conduct of a government by mass destruction, assassination, or
  101  kidnapping, commits the crime of terrorism, a felony of the
  102  first degree, punishable as provided in s. 775.082, s. 775.083,
  103  or s. 775.084.
  104         Section 3. This act shall take effect July 1, 2019.