Florida Senate - 2016                          SENATOR AMENDMENT
       Bill No. SB 612
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                 Floor: WD/2R          .                                
             03/03/2016 12:44 PM       .                                

       Senator Gaetz moved the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (a) of subsection (3) of section
    6  790.001, Florida Statutes, is amended to read:
    7         790.001 Definitions.—As used in this chapter, except where
    8  the context otherwise requires:
    9         (3)(a) “Concealed weapon” means any dirk, metallic
   10  knuckles, slungshot, billie, tear gas gun, chemical weapon or
   11  device, or other deadly weapon carried on or about a person in
   12  such a manner as to conceal the weapon from the ordinary sight
   13  of another person.
   14         Section 2. Section 790.0015, Florida Statutes, is created
   15  to read:
   16         790.0015Infringement of rights; penalties; construction.—
   17         (1)Section 790.33, including the penalty provisions of s.
   18  790.33(3)(c), (d), (e), and (f), apply to any person or entity
   19  infringing upon the rights conferred by this chapter, chapter
   20  776, s. 8, Art. I of the State Constitution, or the Second
   21  Amendment to the United States Constitution. Notwithstanding any
   22  other law, no immunity applies to persons or entities infringing
   23  upon such rights in violation of s. 790.33.
   24         (2)This section is not intended to restrict a law
   25  enforcement officer’s ability or authority to conduct
   26  investigations as otherwise authorized by law.
   27         (3)(a)This chapter, chapter 776, s. 8, Art. I of the State
   28  Constitution, and the Second Amendment to the United States
   29  Constitution do not modify or diminish the rights of a private
   30  owner or lessee of real property or its agent, or a private
   31  employer, to prohibit the possession of a firearm on real
   32  property or at the place of employment or to post or display
   33  written notice or otherwise directly communicate to any person
   34  on the real property or at the place of employment that the
   35  possession of a firearm is prohibited.
   36         (b)This chapter, chapter 776, s. 8, Art. I of the State
   37  Constitution, and the Second Amendment to the United States
   38  Constitution do not expand any existing duty of, or create any
   39  additional duty for, a private owner or lessee of real property
   40  or its agent, or a private employer.
   41         Section 3. Section 790.0016, Florida Statutes, is created
   42  to read:
   43         790.0016Employer weapons policies.—An employee shall not
   44  have a cause of action against an employer related to
   45  disciplinary action of the employer, including termination of
   46  employment, resulting from the failure of the employee to comply
   47  with an order of the employer to carry or not carry, or relating
   48  to the manner of carrying, a weapon on his or her person during
   49  work hours. This section does not impair a cause of action
   50  against an employer which arises under another law.
   51         Section 4. Section 790.02, Florida Statutes, is amended to
   52  read:
   53         790.02 Officer to arrest without warrant and upon probable
   54  cause.—The unlicensed carrying of a concealed weapon is declared
   55  a breach of peace, and any officer authorized to make arrests
   56  under the laws of this state may make arrests without warrant of
   57  persons violating the provisions of s. 790.01 when said officer
   58  has reasonable suspicion grounds or probable cause to believe
   59  that the offense of unlicensed carrying of a concealed weapon is
   60  being committed.
   61         Section 5. Section 790.053, Florida Statutes, is amended to
   62  read:
   63         790.053 Open carrying of weapons.—
   64         (1)(a)Subject to the restrictions and limitations of ss.
   65  790.06 and 790.10 and except as provided in paragraph (b), a
   66  person licensed to carry a concealed weapon or concealed firearm
   67  pursuant to this chapter may openly carry such weapon or
   68  firearm; however, except as otherwise provided by law and in
   69  subsection (3) (2), it is unlawful for any other person to
   70  openly carry on or about his or her person a any firearm or
   71  electric weapon or device. It is not a violation of this section
   72  for a person licensed to carry a concealed firearm as provided
   73  in s. 790.06(1), and who is lawfully carrying a firearm in a
   74  concealed manner, to briefly and openly display the firearm to
   75  the ordinary sight of another person, unless the firearm is
   76  intentionally displayed in an angry or threatening manner, not
   77  in necessary self-defense.
   78         (b)Notwithstanding paragraph (a), a public hospital may
   79  prohibit a licensee from openly carrying a weapon or firearm.
   80         (2)A firearm that is openly carried under this section by
   81  a licensee may be loaded or unloaded and must be carried on or
   82  about the licensee in a holster that is wholly or partially
   83  visible or carried on or about the licensee in a case or bag
   84  that is wholly or partially visible.
   85         (3)(2) A person may openly carry, for purposes of lawful
   86  self-defense:
   87         (a) A self-defense chemical spray.
   88         (b) A nonlethal stun gun or dart-firing stun gun or other
   89  nonlethal electric weapon or device that is designed solely for
   90  defensive purposes.
   91         (4)(3) Any person violating this section commits a
   92  misdemeanor of the second degree, punishable as provided in s.
   93  775.082 or s. 775.083.
   94         (5)Notwithstanding any other provision of law, a person
   95  may not openly carry a firearm if the person is under the
   96  influence of an alcoholic beverage, a chemical substance as
   97  described in s. 877.111, or a controlled substance as defined in
   98  chapter 893 when he or she is affected to the extent that his or
   99  her normal faculties are impaired.
  100         Section 6. Section 790.09, Florida Statutes, is amended to
  101  read:
  102         790.09 Manufacturing or selling metallic knuckles
  103  slungshot.—Whoever manufactures or causes to be manufactured, or
  104  sells or exposes for sale any instrument or weapon of the kind
  105  usually known as slungshot, or metallic knuckles commits, shall
  106  be guilty of a misdemeanor of the second degree, punishable as
  107  provided in s. 775.082 or s. 775.083.
  108         Section 7. Section 790.18, Florida Statutes, is amended to
  109  read:
  110         790.18 Sale or transfer of arms to minors by dealers.—It is
  111  unlawful for any dealer in arms to sell or transfer to a minor
  112  any firearm, pistol, Springfield rifle or other repeating rifle,
  113  bowie knife or dirk knife, brass knuckles, slungshot, or
  114  electric weapon or device. A person who violates this section
  115  commits a felony of the second degree, punishable as provided in
  116  s. 775.082, s. 775.083, or s. 775.084.
  117         Section 8. Subsection (1) of section 790.25, Florida
  118  Statutes, is amended to read:
  119         790.25 Lawful ownership, possession, and use of firearms
  120  and other weapons.—
  121         (1) DECLARATION OF POLICY.—The Legislature finds as a
  122  matter of public policy and fact that the possession and
  123  carrying of weapons and firearms by law-abiding individuals for
  124  lawful purposes, including self-defense, enhances public safety
  125  and that it is necessary to promote firearms safety and to curb
  126  and prevent the use of firearms and other weapons in crime and
  127  by incompetent persons without prohibiting the lawful use in
  128  defense of life, home, and property, and the use by United
  129  States or state military organizations, and as otherwise now
  130  authorized by law, including the right to use and own firearms
  131  for target practice and marksmanship on target practice ranges
  132  or other lawful places, and lawful hunting and other lawful
  133  purposes.
  134         Section 9. This act shall take effect upon becoming a law.
  136  ================= T I T L E  A M E N D M E N T ================
  137  And the title is amended as follows:
  138         Delete everything before the enacting clause
  139  and insert:
  140                        A bill to be entitled                      
  141         An act relating to weapons and firearms; amending s.
  142         790.001, F.S.; revising the definition of the term
  143         “concealed weapon” to delete its inclusion of a
  144         slungshot; creating s. 790.0015, F.S.; providing that
  145         certain persons and public entities that infringe on
  146         specified rights of an individual may be subject to
  147         liability under specified provisions and do not have
  148         immunity; providing an exception; providing
  149         construction; creating s. 790.0016, F.S.; providing
  150         that an employer may direct an employee regarding
  151         weapons; providing that an employee does not have a
  152         cause of action against an employer regarding such
  153         direction; providing construction; amending s. 790.02,
  154         F.S.; specifying that a law enforcement officer may
  155         arrest a person for the unlicensed carrying of a
  156         concealed weapon only upon reasonable suspicion or
  157         probable cause that such a violation is being
  158         committed; amending s. 790.053, F.S.; providing that a
  159         person licensed to carry a concealed firearm or
  160         concealed weapon may also openly carry such firearm or
  161         weapon as long as such person is in compliance with
  162         specified provisions; authorizing a public hospital to
  163         prohibit the open carrying of weapons and firearms;
  164         providing requirements for openly carrying such
  165         firearms; specifying circumstances under which a
  166         person may not openly carry a firearm; amending s.
  167         790.09, F.S.; deleting provisions prohibiting the
  168         manufacture or sale of any instrument or weapon
  169         usually known as a slungshot; amending s. 790.18,
  170         F.S.; deleting a provision prohibiting a dealer in
  171         arms from selling or transferring a slungshot to a
  172         minor; amending s. 790.25, F.S.; revising legislative
  173         findings concerning the possession and carrying of
  174         weapons and firearms; providing an effective date.