Florida Senate - 2017 SB 908
By Senator Baxley
1 A bill to be entitled
2 An act relating to licenses to carry concealed weapons
3 or firearms; amending s. 311.12, F.S.; authorizing
4 persons holding licenses to carry concealed weapons or
5 firearms to carry concealed weapons or firearms in
6 secure and restricted areas of seaports; amending s.
7 790.06, F.S.; deleting restrictions on places where
8 persons holding licenses to carry concealed weapons or
9 firearms may carry such weapons or firearms; amending
10 s. 790.115, F.S.; authorizing persons holding licenses
11 to carry concealed weapons or firearms to carry
12 concealed weapons or firearms at school-sponsored
13 events or on school property; amending s. 790.145,
14 F.S.; authorizing persons holding licenses to carry
15 concealed firearms to carry concealed firearms in
16 pharmacies; amending s. 790.251, F.S.; conforming
17 provisions to changes made by the act; providing an
18 effective date.
20 Be It Enacted by the Legislature of the State of Florida:
22 Section 1. Paragraph (b) of subsection (3) of section
23 311.12, Florida Statutes, is amended to read:
24 311.12 Seaport security.—
25 (3) SECURE AND RESTRICTED AREAS.—Each seaport listed in s.
26 311.09 must clearly designate in seaport security plans, and
27 clearly identify with appropriate signs and markers on the
28 premises of a seaport, all secure and restricted areas as
29 defined by 33 C.F.R. part 105.
30 (b) The seaport must provide clear notice of the
31 prohibition against possession of concealed weapons and other
32 contraband material on the premises of the seaport. Any person
33 in a restricted area who has in his or her possession a
34 concealed weapon, or who operates or has possession or control
35 of a vehicle in or upon which a concealed weapon is placed or
36 stored, commits a misdemeanor of the first degree, punishable as
37 provided in s. 775.082 or s. 775.083. This paragraph does not
38 apply to active-duty certified federal or state law enforcement
39 personnel, persons licensed to carry concealed weapons or
40 firearms under s. 790.06, or persons so designated by the
41 seaport director in writing.
42 Section 2. Subsection (12) of section 790.06, Florida
43 Statutes, is amended to read:
44 790.06 License to carry concealed weapon or firearm.—
(a) A license issued under this section does not
46 authorize any person to openly carry a handgun or carry a
47 concealed weapon or firearm into:
48 1. Any place of nuisance as defined in s. 823.05;
49 2. Any police, sheriff, or highway patrol station;
50 3. Any detention facility, prison, or jail;
51 4. Any courthouse;
52 5. Any courtroom, except that nothing in this section would
53 preclude a judge from carrying a concealed weapon or determining
54 who will carry a concealed weapon in his or her courtroom;
55 6. Any polling place;
56 7. Any meeting of the governing body of a county, public
57 school district, municipality, or special district;
58 8. Any meeting of the Legislature or a committee thereof;
59 9. Any school, college, or professional athletic event not
60 related to firearms;
61 10. Any elementary or secondary school facility or
62 administration building;
63 11. Any career center;
64 12. Any portion of an establishment licensed to dispense
65 alcoholic beverages for consumption on the premises, which
66 portion of the establishment is primarily devoted to such
68 13. Any college or university facility unless the licensee
69 is a registered student, employee, or faculty member of such
70 college or university and the weapon is a stun gun or nonlethal
71 electric weapon or device designed solely for defensive purposes
72 and the weapon does not fire a dart or projectile;
73 14. The inside of the passenger terminal and sterile area
74 of any airport, provided that no person shall be prohibited from
75 carrying any legal firearm into the terminal, which firearm is
76 encased for shipment for purposes of checking such firearm as
77 baggage to be lawfully transported on any aircraft; or
78 15. Any place where the carrying of firearms is prohibited
79 by federal law.
80 (a) (b) A person licensed under this section shall not be
81 prohibited from carrying or storing a firearm in a vehicle for
82 lawful purposes.
83 (b) (c) This section does not modify the terms or conditions
84 of s. 790.251(7).
85 (d) Any person who knowingly and willfully violates any
86 provision of this subsection commits a misdemeanor of the second
87 degree, punishable as provided in s. 775.082 or s. 775.083.
88 Section 3. Subsection (2) of section 790.115, Florida
89 Statutes, is amended to read:
90 790.115 Possessing or discharging weapons or firearms at a
91 school-sponsored event or on school property prohibited;
92 penalties; exceptions.—
93 (2)(a) A person shall not possess any firearm, electric
94 weapon or device, destructive device, or other weapon as defined
95 in s. 790.001(13), including a razor blade or box cutter, except
96 as authorized in support of school-sanctioned activities, at a
97 school-sponsored event or on the property of any school, school
98 bus, or school bus stop; however, a person may carry a firearm:
99 1. In a case to a firearms program, class or function which
100 has been approved in advance by the principal or chief
101 administrative officer of the school as a program or class to
102 which firearms could be carried;
103 2. In a case to a career center having a firearms training
104 range; or
105 3. In a vehicle pursuant to s. 790.25(5); except that
106 school districts may adopt written and published policies that
107 waive the exception in this subparagraph for purposes of student
108 and campus parking privileges; or
109 4. If the person is licensed to carry a concealed weapon or
110 firearm under s. 790.06.
112 For the purposes of this section, “school” means any preschool,
113 elementary school, middle school, junior high school, secondary
114 school, career center, or postsecondary school, whether public
115 or nonpublic.
116 (b) A person who willfully and knowingly possesses any
117 electric weapon or device, destructive device, or other weapon
118 as defined in s. 790.001(13), including a razor blade or box
119 cutter, except as authorized in support of school-sanctioned
120 activities, in violation of this subsection commits a felony of
121 the third degree, punishable as provided in s. 775.082, s.
122 775.083, or s. 775.084.
123 (c)1. A person who willfully and knowingly possesses any
124 firearm in violation of this subsection commits a felony of the
125 third degree, punishable as provided in s. 775.082, s. 775.083,
126 or s. 775.084.
127 2. A person who stores or leaves a loaded firearm within
128 the reach or easy access of a minor who obtains the firearm and
129 commits a violation of subparagraph 1. commits a misdemeanor of
130 the second degree, punishable as provided in s. 775.082 or s.
131 775.083; except that this does not apply if the firearm was
132 stored or left in a securely locked box or container or in a
133 location which a reasonable person would have believed to be
134 secure, or was securely locked with a firearm-mounted push
135 button combination lock or a trigger lock; if the minor obtains
136 the firearm as a result of an unlawful entry by any person; or
137 to members of the Armed Forces, National Guard, or State
138 Militia, or to police or other law enforcement officers, with
139 respect to firearm possession by a minor which occurs during or
140 incidental to the performance of their official duties.
141 (d) A person who discharges any weapon or firearm while in
142 violation of paragraph (a), unless discharged for lawful defense
143 of himself or herself or another or for a lawful purpose,
144 commits a felony of the second degree, punishable as provided in
145 s. 775.082, s. 775.083, or s. 775.084.
146 (e) A person T he penalties of this subsection shall not
147 apply to persons licensed under s. 790.06. Persons licensed
148 under s. 790.06 shall be punished as provided in s. 790.06(12),
149 except that a licenseholder who unlawfully discharges a weapon
150 or firearm on school property as prohibited by this subsection
151 commits a felony of the second degree, punishable as provided in
152 s. 775.082, s. 775.083, or s. 775.084.
153 Section 4. Paragraph (c) of subsection (2) of section
154 790.145, Florida Statutes, is amended to read:
155 790.145 Crimes in pharmacies; possession of weapons;
157 (2) The provisions of this section do not apply:
158 (c) To any person licensed to carry a concealed weapon or
159 firearm under s. 790.06.
160 Section 5. Subsection (7) of section 790.251, Florida
161 Statutes, is amended to read:
162 790.251 Protection of the right to keep and bear arms in
163 motor vehicles for self-defense and other lawful purposes;
164 prohibited acts; duty of public and private employers; immunity
165 from liability; enforcement.—
166 (7) EXCEPTIONS.—The prohibitions in subsection (4) do not
167 apply to:
168 (a) Any school property as defined and regulated under s.
170 (a) (b) Any correctional institution regulated under s.
171 944.47 or chapter 957.
172 (b) (c) Any property where a nuclear-powered electricity
173 generation facility is located.
174 (c) (d) Property owned or leased by a public or private
175 employer or the landlord of a public or private employer upon
176 which are conducted substantial activities involving national
177 defense, aerospace, or homeland security.
178 (d) (e) Property owned or leased by a public or private
179 employer or the landlord of a public or private employer upon
180 which the primary business conducted is the manufacture, use,
181 storage, or transportation of combustible or explosive materials
182 regulated under state or federal law, or property owned or
183 leased by an employer who has obtained a permit required under
184 18 U.S.C. s. 842 to engage in the business of importing,
185 manufacturing, or dealing in explosive materials on such
187 (e) (f) A motor vehicle owned, leased, or rented by a public
188 or private employer or the landlord of a public or private
190 (f) (g) Any other property owned or leased by a public or
191 private employer or the landlord of a public or private employer
192 upon which possession of a firearm or other legal product by a
193 customer, employee, or invitee is prohibited pursuant to any
194 federal law, contract with a federal government entity, or
195 general law of this state.
196 Section 6. This act shall take effect July 1, 2017.