Florida Senate - 2018                                     SB 120
       
       
        
       By Senator Steube
       
       
       
       
       
       23-00018-18                                            2018120__
    1                        A bill to be entitled                      
    2         An act relating to firearms; creating s. 768.38, F.S.;
    3         providing legislative intent; requiring a business,
    4         organization, or entity that prohibits a concealed
    5         weapon or firearm licensee from carrying a weapon or
    6         firearm onto its property to assume certain
    7         responsibility for the safety and defense of such
    8         licensee; providing that the responsibility of such
    9         business, organization, or entity extends to the
   10         conduct of certain people and animals; providing a
   11         cause of action for a concealed weapon or firearm
   12         licensee who incurs injury, death, damage, or loss as
   13         the result of certain acts or attacks occurring on the
   14         property of such business, organization, or entity or
   15         on other specified properties; authorizing a licensee
   16         to recover attorney fees and specified costs;
   17         specifying a statute of limitations for bringing such
   18         action; requiring a business, organization, or entity
   19         with such prohibition to clearly display specified
   20         information; specifying requirements that a plaintiff
   21         must prove to prevail in a cause of action; providing
   22         an effective date.
   23          
   24  Be It Enacted by the Legislature of the State of Florida:
   25  
   26         Section 1. Section 768.38, Florida Statutes, is created to
   27  read:
   28         768.38Responsibility of property owner.—
   29         (1) The Legislature intends to find a balance between the
   30  right of a concealed weapon or firearm licensee to carry a
   31  concealed weapon or firearm in order to exercise the right of
   32  self-defense and the right of a property owner or entity in
   33  charge of a property to exercise control over such property.
   34         (2) A business, organization, or entity, including, but not
   35  limited to, a private business or a not-for-profit entity, which
   36  prohibits a concealed weapon or firearm licensee from carrying a
   37  weapon or firearm onto the property of such business,
   38  organization, or entity assumes absolute custodial
   39  responsibility, when the licensee is prevented from carrying a
   40  weapon or firearm due to the prohibition, for the safety and
   41  defense of the licensee against any unlawful or reckless act by
   42  another person, or any attack by a vicious or wild animal, on
   43  the owner’s property or on any property that the licensee is
   44  required to traverse in order to travel to and from the location
   45  where the licensee’s weapon or firearm is stored.
   46         (3) The responsibility of the business, organization, or
   47  entity for the safety and defense of a licensee under this
   48  section extends to the conduct of other members of the public;
   49  trespassers; employees of the business, organization, or entity;
   50  vicious animals; and wild animals.
   51         (4)(a)A concealed weapon or firearm licensee who suffers
   52  bodily injury or death, incurs economic loss or expense, or
   53  incurs property damage or any other compensable loss as the
   54  result of an unlawful or reckless act by another person, or an
   55  attack by a vicious or wild animal, occurring on the property of
   56  such business, organization, or entity, or on any property that
   57  the licensee is required to traverse in order to travel to and
   58  from the location where the licensee’s weapon or firearm is
   59  stored, while the licensee is prevented from carrying a weapon
   60  or firearm due to a prohibition by the business, organization,
   61  or entity has a cause of action against the business,
   62  organization, or entity. In addition to damages, the licensee is
   63  entitled to reasonable attorney fees, court costs, expert
   64  witness costs, and other costs necessary to bring the cause of
   65  action.
   66         (b) The statute of limitations for an action brought
   67  pursuant to this section is 2 years after the date of the
   68  occurrence giving rise to the injury, death, damage, or loss.
   69         (5) A business, organization, or entity that prohibits a
   70  concealed weapon or firearm licensee from carrying a weapon or
   71  firearm on its property must clearly display, along with any
   72  image or language of prohibition, notice that the licensee is
   73  under the custodial responsibility of the business,
   74  organization, or entity.
   75         (6) To prevail in an action brought under this section, the
   76  plaintiff must show by a preponderance of the evidence all of
   77  the following:
   78         (a) The plaintiff had a license to carry a concealed weapon
   79  or firearm under s. 790.06 or met the requirements of s. 790.015
   80  at the time of the incident giving rise to the action.
   81         (b) The business, organization, or entity prohibited the
   82  plaintiff from carrying a concealed weapon or firearm on the
   83  property of the business, organization, or entity.
   84         (c) The business, organization, or entity was not required
   85  to prohibit the carrying of a concealed weapon or firearm on its
   86  property pursuant to state or federal law.
   87         (d) The plaintiff suffered bodily injury or death, incurred
   88  economic loss or expense, or incurred property damage or any
   89  other compensable loss as the result of an unlawful or reckless
   90  act by another person, or an attack by a vicious or wild animal,
   91  which occurred on the property of such business, organization,
   92  or entity, or on any property that the licensee was required to
   93  traverse in order to travel to and from the location where the
   94  licensee’s weapon or firearm was stored, while the licensee was
   95  prevented from carrying a weapon or firearm due to the
   96  prohibition by the business, organization, or entity.
   97         (e) Such injury, death, loss, expense, or damage resulted
   98  directly or indirectly from an unlawful or reckless act by
   99  another person, or from an attack by a vicious or wild animal,
  100  which could reasonably have been prevented but for the
  101  prohibition by the business, organization, or entity.
  102         Section 2. This act shall take effect July 1, 2018.