HB 129

1
A bill to be entitled
2An act relating to lawful ownership, possession, and use
3of firearms and other weapons; amending s. 790.25, F.S.;
4prohibiting specified persons, employers, and business
5entities from establishing, maintaining, or enforcing any
6policy or rule that prohibits a person from parking a
7motor vehicle on property set aside for such purpose when
8a secured firearm or firearms are being lawfully
9transported and stored in the motor vehicle; providing a
10penalty; providing construction; providing for specified
11immunity from liability; providing civil remedies;
12defining "motor vehicle" for purposes of the act;
13providing intent; amending s. 27.53, F.S.; conforming a
14cross-reference; providing an effective date.
15
16Be It Enacted by the Legislature of the State of Florida:
17
18     Section 1.  Section 790.25, Florida Statutes, is amended to
19read:
20     790.25  Lawful ownership, possession, and use of firearms
21and other weapons.--
22     (1)  DECLARATION OF POLICY.--The Legislature finds as a
23matter of public policy and fact that it is necessary to promote
24firearms safety and to curb and prevent the use of firearms and
25other weapons in crime and by incompetent persons without
26prohibiting the lawful use in defense of life, home, and
27property, and the use by United States or state military
28organizations, and as otherwise now authorized by law, including
29the right to use and own firearms for target practice and
30marksmanship on target practice ranges or other lawful places,
31and lawful hunting and other lawful purposes.
32     (2)  USES NOT AUTHORIZED.--
33     (a)  This section does not authorize carrying a concealed
34weapon without a permit, as prohibited by ss. 790.01 and 790.02.
35     (b)  The protections of this section do not apply to the
36following:
37     1.  A person who has been adjudged mentally incompetent,
38who is addicted to the use of narcotics or any similar drug, or
39who is a habitual or chronic alcoholic, or a person using
40weapons or firearms in violation of ss. 790.07-790.12, 790.14-
41790.19, 790.22-790.24.;
42     2.  Vagrants and other undesirable persons as defined in s.
43856.02.;
44     3.  A person in or about a place of nuisance as defined in
45s. 823.05, unless such person is there for law enforcement or
46some other lawful purpose.
47     (3)  LAWFUL USES.--The provisions of ss. 790.053 and 790.06
48do not apply in the following instances, and, despite such
49sections, it is lawful for the following persons to own,
50possess, and lawfully use firearms and other weapons,
51ammunition, and supplies for lawful purposes:
52     (a)  Members of the Militia, National Guard, Florida State
53Defense Force, Army, Navy, Air Force, Marine Corps, Coast Guard,
54organized reserves, and other armed forces of the state and of
55the United States, when on duty, when training or preparing
56themselves for military duty, or while subject to recall or
57mobilization.;
58     (b)  Citizens of this state subject to duty in the Armed
59Forces under s. 2, Art. X of the State Constitution, under
60chapters 250 and 251, and under federal laws, when on duty or
61when training or preparing themselves for military duty.;
62     (c)  Persons carrying out or training for emergency
63management duties under chapter 252.;
64     (d)  Sheriffs, marshals, prison or jail wardens, police
65officers, Florida highway patrol officers, game wardens, revenue
66officers, forest officials, special officers appointed under the
67provisions of chapter 354, and other peace and law enforcement
68officers and their deputies and assistants and full-time paid
69peace officers of other states and of the Federal Government who
70are carrying out official duties while in this state.;
71     (e)  Officers or employees of the state or United States
72duly authorized to carry a concealed weapon.;
73     (f)  Guards or messengers of common carriers, express
74companies, armored car carriers, mail carriers, banks, and other
75financial institutions, while actually employed in and about the
76shipment, transportation, or delivery of any money, treasure,
77bullion, bonds, or other thing of value within this state.;
78     (g)  Regularly enrolled members of any organization duly
79authorized to purchase or receive weapons from the United States
80or from this state, or regularly enrolled members of clubs
81organized for target, skeet, or trap shooting, while at or going
82to or from shooting practice; or regularly enrolled members of
83clubs organized for modern or antique firearms collecting, while
84such members are at or going to or from their collectors' gun
85shows, conventions, or exhibits.;
86     (h)  A person engaged in fishing, camping, or lawful
87hunting or going to or returning from a fishing, camping, or
88lawful hunting expedition.;
89     (i)  A person engaged in the business of manufacturing,
90repairing, or dealing in firearms, or the agent or
91representative of any such person while engaged in the lawful
92course of such business.;
93     (j)  A person firing weapons for testing or target practice
94under safe conditions and in a safe place not prohibited by law
95or going to or from such place.;
96     (k)  A person firing weapons in a safe and secure indoor
97range for testing and target practice.;
98     (l)  A person traveling by private conveyance when the
99weapon is securely encased or in a public conveyance when the
100weapon is securely encased and not in the person's manual
101possession.;
102     (m)  A person parking a motor vehicle on any property set
103aside for the parking of a motor vehicle, whether or not such
104property is designated as a parking lot, parking facility, or
105parking space, when a firearm or firearms are being lawfully
106stored and transported in the motor vehicle and the firearm or
107firearms are locked in or locked to the motor vehicle.
108     (n)(m)  A person while carrying a pistol unloaded and in a
109secure wrapper, concealed or otherwise, from the place of
110purchase to his or her home or place of business or to a place
111of repair or back to his or her home or place of business.;
112     (o)(n)  A person possessing arms at his or her home or
113place of business.;
114     (p)(o)  Investigators employed by the several public
115defenders of the state, while actually carrying out official
116duties, provided such investigators:
117     1.  Are employed full time;
118     2.  Meet the official training standards for firearms
119established by the Criminal Justice Standards and Training
120Commission as provided in s. 943.12(5) and the requirements of
121ss. 493.6108(1)(a) and 943.13(1)-(4); and
122     3.  Are individually designated by an affidavit of consent
123signed by the employing public defender and filed with the clerk
124of the circuit court in the county in which the employing public
125defender resides.
126     (q)(p)  Investigators employed by the capital collateral
127representative, while actually carrying out official duties,
128provided such investigators:
129     1.  Are employed full time;
130     2.  Meet the official training standards for firearms as
131established by the Criminal Justice Standards and Training
132Commission as provided in s. 943.12(1) and the requirements of
133ss. 493.6108(1)(a) and 943.13(1)-(4); and
134     3.  Are individually designated by an affidavit of consent
135signed by the capital collateral representative and filed with
136the clerk of the circuit court in the county in which the
137investigator is headquartered.
138     (4)  CONSTRUCTION.--This act shall be liberally construed
139to carry out the declaration of policy herein and in favor of
140the constitutional right to keep and bear arms for lawful
141purposes. This act is supplemental and additional to existing
142rights to bear arms now guaranteed by law and decisions of the
143courts of Florida, and nothing herein shall impair or diminish
144any of such rights. This act shall supersede any law, ordinance,
145or regulation in conflict herewith.
146     (5)  POSSESSION IN PRIVATE CONVEYANCE.--Notwithstanding
147subsection (2), it is lawful and is not a violation of s. 790.01
148for a person 18 years of age or older to possess a concealed
149firearm or other weapon for self-defense or other lawful purpose
150within the interior of a private conveyance, without a license,
151if the firearm or other weapon is securely encased or is
152otherwise not readily accessible for immediate use. Nothing
153herein contained prohibits the carrying of a legal firearm other
154than a handgun anywhere in a private conveyance when such
155firearm is being carried for a lawful use. Nothing herein
156contained shall be construed to authorize the carrying of a
157concealed firearm or other weapon on the person. This subsection
158shall be liberally construed in favor of the lawful use,
159ownership, and possession of firearms and other weapons,
160including lawful self-defense as provided in s. 776.012.
161     (6)  STORAGE AND TRANSPORT OF FIREARMS IN LOCKED VEHICLE IN
162PARKING AREA; PENALTY; IMMUNITY FROM LIABILITY.--
163     (a)  No person, property owner, tenant, employer, or
164business entity shall establish, maintain, or enforce any policy
165or rule that prohibits or has the effect of prohibiting any
166person who may lawfully possess, purchase, receive, or transfer
167firearms from parking a motor vehicle on any property set aside
168for the parking of a motor vehicle, whether or not such property
169is designated as a parking lot, parking facility, or parking
170space, when the person is lawfully transporting and storing a
171firearm or firearms in the motor vehicle and the firearm or
172firearms are locked in or locked to the motor vehicle. Any
173person, property owner, tenant, employer, or owner of a business
174entity who violates this paragraph commits a felony of the third
175degree, punishable as provided in s. 775.082, s. 775.083, and s.
176775.084. This subsection shall be liberally construed in favor
177of the lawful use, ownership, and possession of firearms and
178other weapons, including lawful self-defense as provided in s.
179776.012.
180     (b)  No person, property owner, tenant, employer, or
181business entity shall be liable in any civil action for any
182occurrence which results from, is connected with, or is
183incidental to the use of a firearm which is being lawfully
184transported and stored in a locked motor vehicle on any property
185set aside for the parking of motor vehicles as provided in
186paragraph (a), unless the person, property owner, tenant,
187employer, or owner of the business entity commits a criminal act
188involving the use of such firearm.
189     (c)1.  A person who is injured, physically or otherwise, as
190a result of any policy or rule prohibited by paragraph (a) may
191bring a civil action in the appropriate court against any
192person, property owner, tenant, employer, or business entity
193violating the provisions of paragraph (a), including an action
194to enforce this subsection. If a plaintiff prevails in a civil
195action related to a policy or rule prohibited by this act, the
196court shall award actual damages, enjoin further violations of
197this act, and award court costs and attorney's fees to the
198prevailing plaintiff.
199     2.  An employee discharged by an employer or business
200entity for violation of a policy or rule prohibited under
201paragraph (a), when such employee was lawfully transporting or
202storing a firearm in a locked motor vehicle on property set
203aside by the employer or business entity for the parking of
204motor vehicles as provided in paragraph (a), is entitled to full
205recovery as specified in sub-subparagraphs a.-d. In the event
206the demand for such recovery is denied, the employee may bring a
207civil action in the courts of this state against the employer
208and is entitled to:
209     a.  Reinstatement to the same position held at the time of
210his or her termination from employment, or to an equivalent
211position.
212     b.  Reinstatement of the employee's full fringe benefits
213and seniority rights, as appropriate.
214     c.  Compensation, if appropriate, for lost wages, benefits,
215or other lost remuneration caused by the termination.
216     d.  Payment of reasonable attorney's fees and costs
217incurred.
218     (d)  As used in this section, "motor vehicle" means any
219automobile, truck, minivan, sports utility vehicle, motorcycle,
220motor scooter, or any other vehicle required to be registered
221under Florida law.
222     (e)  It is the intent of this subsection to reinforce and
223protect the right of each law-abiding citizen to enter and exit
224any parking lot, parking facility, or space used for the parking
225of motor vehicles while such person is lawfully transporting and
226storing a firearm or firearms in the motor vehicle and the
227firearm or firearms are locked in or locked to the motor
228vehicle, to avail himself or herself of temporary or long-term
229parking or storage of a motor vehicle, and to prohibit any
230infringement of the right to lawful possession of firearms when
231such firearms are being transported and stored in a vehicle for
232a lawful purpose.
233     Section 2.  Subsection (1) of section 27.53, Florida
234Statutes, is amended to read:
235     27.53  Appointment of assistants and other staff; method of
236payment.--
237     (1)  The public defender of each judicial circuit is
238authorized to employ and establish, in such numbers as
239authorized by the General Appropriations Act, assistant public
240defenders and other staff and personnel pursuant to s. 29.006,
241who shall be paid from funds appropriated for that purpose.
242Notwithstanding the provisions of s. 790.01, s. 790.02, or s.
243790.25(2)(a), an investigator employed by a public defender,
244while actually carrying out official duties, is authorized to
245carry concealed weapons if the investigator complies with s.
246790.25(3)(p)(o). However, such investigators are not eligible
247for membership in the Special Risk Class of the Florida
248Retirement System. The public defenders of all judicial circuits
249shall jointly develop a coordinated classification and pay plan
250which shall be submitted on or before January 1 of each year to
251the Justice Administrative Commission, the office of the
252President of the Senate, and the office of the Speaker of the
253House of Representatives. Such plan shall be developed in
254accordance with policies and procedures of the Executive Office
255of the Governor established in s. 216.181. Each assistant public
256defender appointed by a public defender under this section shall
257serve at the pleasure of the public defender. Each investigator
258employed by a public defender shall have full authority to serve
259any witness subpoena or court order issued, by any court or
260judge within the judicial circuit served by such public
261defender, in a criminal case in which such public defender has
262been appointed to represent the accused.
263     Section 3.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.