Florida Senate - 2018                          SENATOR AMENDMENT
       Bill No. CS for SB 7026
       
       
       
       
       
       
                                Ì313178:Î313178                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       Senator Rodriguez moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 409 and 410
    4  insert:
    5         Section 9. Section 790.33, Florida Statutes, is repealed.
    6         Section 10. Subsection (4) of section 790.251, Florida
    7  Statutes, is amended to read:
    8         790.251 Protection of the right to keep and bear arms in
    9  motor vehicles for self-defense and other lawful purposes;
   10  prohibited acts; duty of public and private employers; immunity
   11  from liability; enforcement.—
   12         (4) PROHIBITED ACTS.—No public or private employer may
   13  violate the constitutional rights of any customer, employee, or
   14  invitee as provided in paragraphs (a)-(e):
   15         (a) No public or private employer may prohibit any
   16  customer, employee, or invitee from possessing any legally owned
   17  firearm when such firearm is lawfully possessed and locked
   18  inside or locked to a private motor vehicle in a parking lot and
   19  when the customer, employee, or invitee is lawfully in such
   20  area.
   21         (b) No public or private employer may violate the privacy
   22  rights of a customer, employee, or invitee by verbal or written
   23  inquiry regarding the presence of a firearm inside or locked to
   24  a private motor vehicle in a parking lot or by an actual search
   25  of a private motor vehicle in a parking lot to ascertain the
   26  presence of a firearm within the vehicle. Further, no public or
   27  private employer may take any action against a customer,
   28  employee, or invitee based upon verbal or written statements of
   29  any party concerning possession of a firearm stored inside a
   30  private motor vehicle in a parking lot for lawful purposes. A
   31  search of a private motor vehicle in the parking lot of a public
   32  or private employer to ascertain the presence of a firearm
   33  within the vehicle may only be conducted by on-duty law
   34  enforcement personnel, based upon due process and must comply
   35  with constitutional protections.
   36         (c) No public or private employer shall condition
   37  employment upon either:
   38         1. The fact that an employee or prospective employee holds
   39  or does not hold a license issued pursuant to s. 790.06; or
   40         2. Any agreement by an employee or a prospective employee
   41  that prohibits an employee from keeping a legal firearm locked
   42  inside or locked to a private motor vehicle in a parking lot
   43  when such firearm is kept for lawful purposes.
   44         (d) No public or private employer shall prohibit or attempt
   45  to prevent any customer, employee, or invitee from entering the
   46  parking lot of the employer’s place of business because the
   47  customer’s, employee’s, or invitee’s private motor vehicle
   48  contains a legal firearm being carried for lawful purposes, that
   49  is out of sight within the customer’s, employee’s, or invitee’s
   50  private motor vehicle.
   51         (e) No public or private employer may terminate the
   52  employment of or otherwise discriminate against an employee, or
   53  expel a customer or invitee for exercising his or her
   54  constitutional right to keep and bear arms or for exercising the
   55  right of self-defense as long as a firearm is never exhibited on
   56  company property for any reason other than lawful defensive
   57  purposes.
   58  
   59  This subsection applies to all public sector employers,
   60  including those already prohibited from regulating firearms
   61  under the provisions of s. 790.33.
   62  
   63  ================= T I T L E  A M E N D M E N T ================
   64  And the title is amended as follows:
   65         Between lines 58 and 59
   66  insert:
   67         repealing s. 790.33, F.S., relating to preempting the
   68         field of firearms and ammunition regulation; amending
   69         s. 790.251, F.S.; conforming a cross-reference;