Florida Senate - 2011                                    SB 1726
       
       
       
       By Senator Margolis
       
       
       
       
       35-01595B-11                                          20111726__
    1                        A bill to be entitled                      
    2         An act relating to weapons or firearms; amending s.
    3         790.115, F.S.; prohibiting possession of any firearm,
    4         electric weapon, or other specified device on property
    5         operated by a school district; providing criminal
    6         penalties; amending s. 790.251, F.S., and reenacting
    7         subsection (4), relating to prohibited acts;
    8         clarifying that provisions prohibiting restrictions on
    9         firearms possession do not apply to restrictions on
   10         possession on property owned or operated by a school
   11         district; banning the possession, sale, transfer, or
   12         manufacture of high-capacity ammunition feeding
   13         devices; providing exceptions; providing a definition
   14         of “high-capacity ammunition feeding device”;
   15         subjecting a person to a criminal penalty for the
   16         unlawful possession, sale, transfer, or manufacture of
   17         a high-capacity ammunition feeding device; providing
   18         an effective date.
   19  
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Paragraph (a) of subsection (2) of section
   23  790.115, Florida Statutes, is amended to read:
   24         790.115 Possessing or discharging weapons or firearms at a
   25  school-sponsored event or on school property prohibited;
   26  penalties; exceptions.—
   27         (2)(a) A person shall not possess any firearm, electric
   28  weapon or device, destructive device, or other weapon as defined
   29  in s. 790.001(13), including a razor blade or box cutter, except
   30  as authorized in support of school-sanctioned activities, at a
   31  school-sponsored event or on any the property owned or operated
   32  by a school district or of any school, school bus, or school bus
   33  stop; however, a person may carry a firearm:
   34         1. In a case to a firearms program, class or function which
   35  has been approved in advance by the principal or chief
   36  administrative officer of the school as a program or class to
   37  which firearms could be carried;
   38         2. In a case to a career center having a firearms training
   39  range; or
   40         3. In a vehicle pursuant to s. 790.25(5); except that
   41  school districts may adopt written and published policies that
   42  waive the exception in this subparagraph for purposes of student
   43  and campus parking privileges.
   44  
   45  For the purposes of this section, “school” means any preschool,
   46  elementary school, middle school, junior high school, secondary
   47  school, career center, or postsecondary school, whether public
   48  or nonpublic.
   49         Section 2. Subsection (4) of section 790.251, Florida
   50  Statutes, is reenacted, and paragraph (a) of subsection (7) of
   51  that section is amended, 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 employers; immunity
   55  from liability; enforcement.—
   56         (4) PROHIBITED ACTS.—No public or private employer may
   57  violate the constitutional rights of any customer, employee, or
   58  invitee as provided in paragraphs (a)-(e):
   59         (a) No public or private employer may prohibit any
   60  customer, employee, or invitee from possessing any legally owned
   61  firearm when such firearm is lawfully possessed and locked
   62  inside or locked to a private motor vehicle in a parking lot and
   63  when the customer, employee, or invitee is lawfully in such
   64  area.
   65         (b) No public or private employer may violate the privacy
   66  rights of a customer, employee, or invitee by verbal or written
   67  inquiry regarding the presence of a firearm inside or locked to
   68  a private motor vehicle in a parking lot or by an actual search
   69  of a private motor vehicle in a parking lot to ascertain the
   70  presence of a firearm within the vehicle. Further, no public or
   71  private employer may take any action against a customer,
   72  employee, or invitee based upon verbal or written statements of
   73  any party concerning possession of a firearm stored inside a
   74  private motor vehicle in a parking lot for lawful purposes. A
   75  search of a private motor vehicle in the parking lot of a public
   76  or private employer to ascertain the presence of a firearm
   77  within the vehicle may only be conducted by on-duty law
   78  enforcement personnel, based upon due process and must comply
   79  with constitutional protections.
   80         (c) No public or private employer shall condition
   81  employment upon either:
   82         1. The fact that an employee or prospective employee holds
   83  or does not hold a license issued pursuant to s. 790.06; or
   84         2. Any agreement by an employee or a prospective employee
   85  that prohibits an employee from keeping a legal firearm locked
   86  inside or locked to a private motor vehicle in a parking lot
   87  when such firearm is kept for lawful purposes.
   88         (d) No public or private employer shall prohibit or attempt
   89  to prevent any customer, employee, or invitee from entering the
   90  parking lot of the employer’s place of business because the
   91  customer’s, employee’s, or invitee’s private motor vehicle
   92  contains a legal firearm being carried for lawful purposes, that
   93  is out of sight within the customer’s, employee’s, or invitee’s
   94  private motor vehicle.
   95         (e) No public or private employer may terminate the
   96  employment of or otherwise discriminate against an employee, or
   97  expel a customer or invitee for exercising his or her
   98  constitutional right to keep and bear arms or for exercising the
   99  right of self-defense as long as a firearm is never exhibited on
  100  company property for any reason other than lawful defensive
  101  purposes.
  102  
  103  This subsection applies to all public sector employers,
  104  including those already prohibited from regulating firearms
  105  under the provisions of s. 790.33.
  106         (7) EXCEPTIONS.—The prohibitions in subsection (4) do not
  107  apply to:
  108         (a) Any school property owned or operated by a school
  109  district or any school as defined and regulated under s.
  110  790.115.
  111         Section 3. Ban of high-capacity ammunition feeding
  112  devices.—
  113         (1)(a) A person may not sell or otherwise transfer a high
  114  capacity ammunition feeding device in this state unless the sale
  115  or transfer is to a law enforcement officer, a Florida National
  116  Guard member on active duty, or a member of the United States
  117  Armed Forces.
  118         (b)1. A person may not possess a high-capacity ammunition
  119  feeding device in this state unless the person is a law
  120  enforcement officer, a Florida National Guard member on active
  121  duty, or a member of the United States Armed Forces or the
  122  person is the manufacturer or an employee of the manufacturer
  123  and the manufacturer is licensed to manufacture the devices
  124  under federal law.
  125         2. This paragraph does not apply to a person in possession
  126  of a high-capacity ammunition feeding device on July 1, 2011.
  127  However, the person may not sell or otherwise transfer the
  128  device except as authorized in paragraph (a).
  129         (c) A person may not manufacture a high-capacity ammunition
  130  feeding device in this state unless the device is manufactured
  131  for sale to a law enforcement officer, a Florida National Guard
  132  member, or a member of the United States Armed Forces or is for
  133  export as authorized by federal law.
  134         (2) As used in this section, the term “high-capacity
  135  ammunition feeding device” means a magazine, belt, drum, feed
  136  strip, or similar device that has the capacity of, or can be
  137  readily restored or converted to accept, more than 15 rounds of
  138  ammunition.
  139         (3) A person who violates this section commits a felony of
  140  the third degree, punishable as provided in s. 775.082 or s.
  141  775.083, Florida Statutes.
  142         Section 4. This act shall take effect July 1, 2011.