CS for SB 616                              First Engrossed (ntc)
    1                        A bill to be entitled                      
    2         An act relating to concealed weapons or firearms;
    3         amending s. 790.06, F.S.; authorizing a concealed
    4         weapons or concealed firearms licensee to temporarily
    5         surrender a weapon or firearm if the licensee
    6         approaches courthouse security or management personnel
    7         upon arrival and follow their instructions; defining
    8         the term “courthouse”; providing that inconsistent
    9         definitions are preempted to the Legislature;
   10         subjecting the persons or entities responsible for
   11         enacting, or causing the enforcement of, an
   12         inconsistent definition to specified penalties;
   13         providing an effective date.
   15  Be It Enacted by the Legislature of the State of Florida:
   17         Section 1. Present subsection (17) of section 790.06,
   18  Florida Statutes, is redesignated as subsection (18), a new
   19  subsection (17) is added to that section, and paragraph (a) of
   20  subsection (12) of that section is amended, to read:
   21         790.06 License to carry concealed weapon or firearm.—
   22         (12)(a) A license issued under this section does not
   23  authorize any person to openly carry a handgun or carry a
   24  concealed weapon or firearm into:
   25         1. Any place of nuisance as defined in s. 823.05;
   26         2. Any police, sheriff, or highway patrol station;
   27         3. Any detention facility, prison, or jail;
   28         4. Any courthouse, except when a licensee approaches
   29  security or management personnel upon arrival at a courthouse
   30  and notifies them of the presence of the weapon or firearm and
   31  follows the security or management personnel’s instructions for
   32  removing, securing, and storing such weapon or firearm, or when
   33  the licensee temporarily surrenders such weapon or firearm to
   34  the security or management personnel, who shall store the weapon
   35  or firearm in a locker, safe, or other secure location and
   36  return the weapon or firearm to the licensee when he or she is
   37  exiting the courthouse;
   38         5. Any courtroom, except that nothing in this section would
   39  preclude a judge from carrying a concealed weapon or determining
   40  who will carry a concealed weapon in his or her courtroom;
   41         6. Any polling place;
   42         7. Any meeting of the governing body of a county, public
   43  school district, municipality, or special district;
   44         8. Any meeting of the Legislature or a committee thereof;
   45         9. Any school, college, or professional athletic event not
   46  related to firearms;
   47         10. Any elementary or secondary school facility or
   48  administration building;
   49         11. Any career center;
   50         12. Any portion of an establishment licensed to dispense
   51  alcoholic beverages for consumption on the premises, which
   52  portion of the establishment is primarily devoted to such
   53  purpose;
   54         13. Any college or university facility unless the licensee
   55  is a registered student, employee, or faculty member of such
   56  college or university and the weapon is a stun gun or nonlethal
   57  electric weapon or device designed solely for defensive purposes
   58  and the weapon does not fire a dart or projectile;
   59         14. The inside of the passenger terminal and sterile area
   60  of any airport, provided that no person shall be prohibited from
   61  carrying any legal firearm into the terminal, which firearm is
   62  encased for shipment for purposes of checking such firearm as
   63  baggage to be lawfully transported on any aircraft; or
   64         15. Any place where the carrying of firearms is prohibited
   65  by federal law.
   66         (17)(a) As used in this section, the term “courthouse”
   67  means a building in which trials and hearings are conducted on a
   68  regular basis. If a building is used primarily for purposes
   69  other than the conduct of hearings and trials and housing
   70  judicial chambers, the term includes only that portion of the
   71  building that is primarily used for hearings and trials and
   72  judicial chambers.
   73         (b) A local ordinance, administrative rule, administrative
   74  order, or regulation that is in conflict with the definition of
   75  the term “courthouse” in this subsection or the rights set forth
   76  under subparagraph (12)(a)4. is preempted to the Legislature
   77  under s. 790.33. The person, justice, judge, county, agency,
   78  municipality, district, or other entity that enacts or causes to
   79  be enforced a local ordinance, administrative rule,
   80  administrative order, or regulation that is preempted is subject
   81  to the penalties set forth in s. 790.33, including, but not
   82  limited to, civil fines and removal from office by the Governor.
   83         Section 2. This act shall take effect July 1, 2017.