Florida Senate - 2018                                    SB 1242
       
       
        
       By Senator Steube
       
       
       
       
       
       23-01601-18                                           20181242__
    1                        A bill to be entitled                      
    2         An act relating to the carrying of weapons and
    3         firearms; amending s. 790.25, F.S.; providing that
    4         specified provisions relating to the carrying of
    5         weapons and firearms do not apply to persons engaged
    6         in, traveling to, or returning from certain outdoor
    7         activities or traveling to or returning from certain
    8         motor vehicles, residences, shelters, and other
    9         places; amending s. 27.53, F.S.; conforming cross
   10         references; providing an effective date.
   11  
   12         WHEREAS, law-abiding citizens have the constitutional right
   13  of self-protection and the constitutional right to keep and
   14  bears arms for lawful purposes, and
   15         WHEREAS, citizens have the right to protect themselves,
   16  their families, and others when engaged in outdoor activities,
   17  and
   18         WHEREAS, citizens engaged in outdoor activities risk danger
   19  from the presence of bears, boars, alligators, panthers, snakes,
   20  and other wildlife predators, as well as human predators, NOW,
   21  THEREFORE,
   22  
   23  Be It Enacted by the Legislature of the State of Florida:
   24  
   25         Section 1. Paragraphs (i) through (p) of subsection (3) of
   26  section 790.25, Florida Statutes, are redesignated as paragraphs
   27  (k) through (r), respectively, and new paragraphs (i) and (j)
   28  are added to that subsection, to read:
   29         790.25 Lawful ownership, possession, and use of firearms
   30  and other weapons.—
   31         (3) LAWFUL USES.—The provisions of ss. 790.053 and 790.06
   32  do not apply in the following instances, and, despite such
   33  sections, it is lawful for the following persons to own,
   34  possess, and lawfully use firearms and other weapons,
   35  ammunition, and supplies for lawful purposes:
   36         (i)A person engaged in, traveling to, or returning from a
   37  lawful outdoor expedition or activity, including, but not
   38  limited to:
   39         1.Crabbing, gigging, cast netting, lobstering, or any
   40  other fishing activity;
   41         2.Hiking, trekking, backpacking, cross-country running,
   42  geocaching, or any other orienteering activity;
   43         3.Trapping, falconry, or any other hunting activity;
   44         4.Bicycling, mountain biking, trail riding, or any other
   45  cycling activity;
   46         5.All-terrain vehicle, dirt bike, four-wheeler, or any
   47  other off-road vehicle riding activity;
   48         6.Boating, canoeing, kayaking, rafting, or any other
   49  maritime activity;
   50         7.Dog walking, animal training, mushing, or any other
   51  outdoor animal exercising activity;
   52         8.Speleology, spelunking, or any other caving activity;
   53         9.Horseback riding or any other equestrian activity;
   54         10.Rock climbing, rappelling, or any other mountaineering
   55  activity;
   56         11.Nature photography, bird watching, astronomy, or any
   57  other outdoor viewing activity; and
   58         12.Picnicking, mushroom hunting, berry picking, metal
   59  detecting, fossil hunting, or any other outdoor recreational,
   60  training, scientific, or athletic activity;
   61         (j)A person traveling to or returning from a motor
   62  vehicle; a residence, dwelling, apartment, condominium,
   63  townhouse, lodge, cabin, motor home, mobile home, recreational
   64  vehicle, hotel, motel, or any other place of residence or
   65  shelter; or any other place at which a firearm or weapon may be
   66  lawfully possessed;
   67         Section 2. Subsections (1) and (4) of section 27.53,
   68  Florida Statutes, are amended to read:
   69         27.53 Appointment of assistants and other staff; method of
   70  payment.—
   71         (1) The public defender of each judicial circuit is
   72  authorized to employ and establish, in such numbers as
   73  authorized by the General Appropriations Act, assistant public
   74  defenders and other staff and personnel pursuant to s. 29.006,
   75  who shall be paid from funds appropriated for that purpose.
   76  Notwithstanding the provisions of s. 790.01, s. 790.02, or s.
   77  790.25(2)(a), an investigator employed by a public defender,
   78  while actually carrying out official duties, is authorized to
   79  carry concealed weapons if the investigator complies with s.
   80  790.25(3)(q) 790.25(3)(o). However, such investigators are not
   81  eligible for membership in the Special Risk Class of the Florida
   82  Retirement System. The public defenders of all judicial circuits
   83  shall jointly develop a coordinated classification and pay plan
   84  which shall be submitted on or before January 1 of each year to
   85  the Justice Administrative Commission, the office of the
   86  President of the Senate, and the office of the Speaker of the
   87  House of Representatives. Such plan shall be developed in
   88  accordance with policies and procedures of the Executive Office
   89  of the Governor established in s. 216.181. Each assistant public
   90  defender appointed by a public defender under this section shall
   91  serve at the pleasure of the public defender. Each investigator
   92  employed by a public defender shall have full authority to serve
   93  any witness subpoena or court order issued, by any court or
   94  judge within the judicial circuit served by such public
   95  defender, in a criminal case in which such public defender has
   96  been appointed to represent the accused.
   97         (4) The five criminal conflict and civil regional counsel
   98  may employ and establish, in the numbers authorized by the
   99  General Appropriations Act, assistant regional counsel and other
  100  staff and personnel in each judicial district pursuant to s.
  101  29.006, who shall be paid from funds appropriated for that
  102  purpose. Notwithstanding s. 790.01, s. 790.02, or s.
  103  790.25(2)(a), an investigator employed by an office of criminal
  104  conflict and civil regional counsel, while actually carrying out
  105  official duties, is authorized to carry concealed weapons if the
  106  investigator complies with s. 790.25(3)(q) 790.25(3)(o).
  107  However, such investigators are not eligible for membership in
  108  the Special Risk Class of the Florida Retirement System. The
  109  five regional counsel shall jointly develop recommended
  110  modifications to the classification plan and the salary and
  111  benefits plan for the Justice Administrative Commission. The
  112  recommendations shall be submitted to the commission, the office
  113  of the President of the Senate, and the office of the Speaker of
  114  the House of Representatives by September 15, 2007, for the
  115  regional offices’ initial establishment and before January 1 of
  116  each year thereafter. Such recommendations shall be developed in
  117  accordance with policies and procedures of the Executive Office
  118  of the Governor established in s. 216.181. Each assistant
  119  regional counsel appointed by the regional counsel under this
  120  section shall serve at the pleasure of the regional counsel.
  121  Each investigator employed by the regional counsel shall have
  122  full authority to serve any witness subpoena or court order
  123  issued by any court or judge in a criminal case in which the
  124  regional counsel has been appointed to represent the accused.
  125         Section 3. This act shall take effect July 1, 2018.