Florida Senate - 2018                                     SB 134
       By Senator Steube
       23-00016-18                                            2018134__
    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 follows their instructions; defining
    8         the term “courthouse”; preempting certain ordinances,
    9         rules, orders, and regulations that conflict with that
   10         definition or with certain rights; subjecting the
   11         persons or entities responsible for enacting, or
   12         causing the enforcement of, preempted ordinances,
   13         rules, orders, and regulations to specified penalties;
   14         providing an effective date.
   16  Be It Enacted by the Legislature of the State of Florida:
   18         Section 1. Present subsection (17) of section 790.06,
   19  Florida Statutes, is redesignated as subsection (18), a new
   20  subsection (17) is added to that section, and paragraph (a) of
   21  subsection (12) of that section is amended, to read:
   22         790.06 License to carry concealed weapon or firearm.—
   23         (12)(a) A license issued under this section does not
   24  authorize any person to openly carry a handgun or carry a
   25  concealed weapon or firearm into:
   26         1. Any place of nuisance as defined in s. 823.05;
   27         2. Any police, sheriff, or highway patrol station;
   28         3. Any detention facility, prison, or jail;
   29         4. Any courthouse, except when a licensee approaches
   30  security or management personnel upon arrival at a courthouse
   31  and notifies them of the presence of the weapon or firearm and
   32  follows the security or management personnel’s instructions for
   33  removing, securing, and storing such weapon or firearm, or when
   34  the licensee temporarily surrenders such weapon or firearm to
   35  the security or management personnel, who shall store the weapon
   36  or firearm in a locker, safe, or other secure location and
   37  return the weapon or firearm to the licensee when he or she is
   38  exiting the courthouse;
   39         5. Any courtroom, except that nothing in this section would
   40  preclude a judge from carrying a concealed weapon or determining
   41  who will carry a concealed weapon in his or her courtroom;
   42         6. Any polling place;
   43         7. Any meeting of the governing body of a county, public
   44  school district, municipality, or special district;
   45         8. Any meeting of the Legislature or a committee thereof;
   46         9. Any school, college, or professional athletic event not
   47  related to firearms;
   48         10. Any elementary or secondary school facility or
   49  administration building;
   50         11. Any career center;
   51         12. Any portion of an establishment licensed to dispense
   52  alcoholic beverages for consumption on the premises, which
   53  portion of the establishment is primarily devoted to such
   54  purpose;
   55         13. Any college or university facility unless the licensee
   56  is a registered student, employee, or faculty member of such
   57  college or university and the weapon is a stun gun or nonlethal
   58  electric weapon or device designed solely for defensive purposes
   59  and the weapon does not fire a dart or projectile;
   60         14. The inside of the passenger terminal and sterile area
   61  of any airport, provided that no person shall be prohibited from
   62  carrying any legal firearm into the terminal, which firearm is
   63  encased for shipment for purposes of checking such firearm as
   64  baggage to be lawfully transported on any aircraft; or
   65         15. Any place where the carrying of firearms is prohibited
   66  by federal law.
   67         (17)(a) As used in this section, the term “courthouse”
   68  means a building in which trials and hearings are conducted on a
   69  regular basis. If a building is used primarily for purposes
   70  other than the conduct of hearings and trials and housing
   71  judicial chambers, the term includes only that portion of the
   72  building that is primarily used for hearings and trials and
   73  judicial chambers.
   74         (b) A local ordinance, administrative rule, administrative
   75  order, or regulation that is in conflict with the definition of
   76  the term “courthouse” in this subsection or the rights set forth
   77  under subparagraph (12)(a)4. is preempted to the Legislature
   78  under s. 790.33. The person, justice, judge, county, agency,
   79  municipality, district, or other entity that enacts or causes to
   80  be enforced a local ordinance, administrative rule,
   81  administrative order, or regulation that is preempted is subject
   82  to the penalties set forth in s. 790.33, including, but not
   83  limited to, civil fines and removal from office by the Governor.
   84         Section 2. This act shall take effect July 1, 2018.