Florida Senate - 2023 SB 456
By Senator Berman
26-01268-23 2023456__
1 A bill to be entitled
2 An act relating to the possession or use of a firearm
3 in a sensitive location; creating s. 790.075, F.S.;
4 defining the term “sensitive location”; prohibiting
5 the possession or use of a firearm in a sensitive
6 location; providing criminal penalties; providing
7 exceptions; providing an effective date.
8
9 Be It Enacted by the Legislature of the State of Florida:
10
11 Section 1. Section 790.075, Florida Statutes, is created to
12 read:
13 790.075 Possession or use of firearm in sensitive
14 location.—
15 (1) As used in this section, the term “sensitive location”
16 means any of the following:
17 (a) Any part of a health care facility licensed by the
18 state, including a hospital, nursing home or other similar
19 residential facility, or provider of services for the care,
20 support, or treatment of individuals.
21 (b) Any part of a building owned, leased, or operated by a
22 governmental entity, including a polling place, courthouse, or
23 law enforcement facility.
24 (c) Any park, recreational facility or area, or playground
25 owned or controlled by a state, county, municipality, or other
26 governmental entity.
27 (d) Any place of worship or religious observation.
28 (e) Any public library, public playground, public park, or
29 public zoo.
30 (f) The location of any program licensed, regulated,
31 certified, operated, or funded by a governmental entity that
32 provides services to children, youth, or young adults; any
33 legally exempt child care provider; or any child care program
34 for which a permit to operate such program has been issued.
35 (g) Any place owned or controlled by federal, state, or
36 local government for the purpose of government administration,
37 including any court.
38 (h) Any place that provides health, behavioral health, or
39 chemical dependence care or services.
40 (i) Any nursery school, preschool, or summer camp.
41 (j) The location of any program licensed, regulated,
42 certified, operated, or funded by a governmental entity that
43 provides developmental disability services.
44 (k) The location of any program licensed, regulated,
45 certified, operated, or funded by a governmental entity that
46 provides mental health services.
47 (l) The location of any program licensed, regulated,
48 certified, operated, or funded by a governmental entity that
49 provides disability services.
50 (m) Any homeless shelter, runaway youth shelter, family
51 shelter, adult shelter, domestic violence shelter, or emergency
52 shelter, and the location of any residential program for victims
53 of domestic violence in or upon any building or grounds owned or
54 leased by any governmental entity.
55 (n) Any educational institution, college or university,
56 licensed private career school, school district, public school,
57 private school, or charter school.
58 (o) Any place, conveyance, or vehicle used for public
59 transportation or public transit, including train cars, buses,
60 ferries, railroads, or marine or aviation transportation, or any
61 facility used for or in connection with service in the
62 transportation of passengers, including airports, train
63 stations, subway and rail stations, and bus terminals.
64 (p) Any bar, restaurant where alcohol is served, or other
65 site or facility where alcohol is sold for consumption on the
66 premises.
67 (q) Any site or facility where cannabis is sold for
68 consumption on the premises.
69 (r) Any place used for performance, art, entertainment,
70 gaming, or sporting events, including theaters, stadiums,
71 racetracks, museums, amusement parks, performance venues,
72 concerts, exhibits, conference centers, banquet halls, or gaming
73 facilities.
74 (2) Any other law notwithstanding, a person may not possess
75 a firearm in a sensitive location.
76 (a) Except as provided in paragraph (b), a person who
77 violates this subsection commits a felony of the third degree,
78 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
79 (b) A person who discharges a firearm while violating this
80 subsection commits a felony of the second degree, punishable as
81 provided in s. 775.082, s. 775.083, or s. 775.084.
82 (3) This section does not apply to:
83 (a) A law enforcement officer who qualifies to carry a
84 firearm under the federal Law Enforcement Officers Safety Act of
85 2004, 18 U.S.C. s. 926C.
86 (b) A law enforcement officer, as defined in s. 943.10(1),
87 or a retired law enforcement officer.
88 (c) An employee of a security agency licensed under part
89 III of chapter 493 whose license authorizes him or her to carry
90 a firearm while at the location of his or her employment during
91 work hours.
92 (d) A member of the United States Armed Forces on active
93 duty.
94 (e) A government employee under the express written consent
95 of such employee’s supervising governmental entity for the
96 purposes of natural resource protection and management.
97 (f) A person operating a program in a sensitive location,
98 other than his or her residence, that is licensed, regulated,
99 certified, operated, or funded by a governmental entity, so long
100 as such possession is in compliance with any rules or
101 regulations applicable to the operation of such program and the
102 use or storage of a firearm.
103 Section 2. This act shall take effect October 1, 2023.