Florida Senate - 2019 SB 598 By Senator Albritton 26-00863-19 2019598__ 1 A bill to be entitled 2 An act relating to firearms; amending s. 790.115, 3 F.S.; authorizing a concealed weapon or concealed 4 firearm licensee to carry a concealed firearm on the 5 property of a religious institution during religious 6 services or religious institution events when the 7 property also contains a school; providing exceptions; 8 reenacting s. 775.30(2), F.S., relating to terrorism, 9 to incorporate the amendment made to s. 790.115, F.S., 10 in a reference thereto; providing an effective date. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14 Section 1. Subsection (2) of section 790.115, Florida 15 Statutes, is amended to read: 16 790.115 Possessing or discharging weapons or firearms at a 17 school-sponsored event or on school property prohibited; 18 penalties; exceptions.— 19 (2)(a) A person may
shallnot possess a anyfirearm, 20 electric weapon or device, destructive device, or other weapon 21 as defined in s. 790.001(13), including a razor blade or box 22 cutter, except as authorized in support of school-sanctioned 23 activities, at a school-sponsored event, or on the property of 24 any school, school bus, or school bus stop; however, a person 25 may carry a firearm: 26 1. In a case to a firearms program, class, or function 27 which has been approved in advance by the principal or chief 28 administrative officer of the school as a program or class to 29 which firearms could be carried; 30 2. In a case to a career center having a firearms training 31 range; or32 3. In a vehicle pursuant to s. 790.25(5); except that 33 school districts may adopt written and published policies that 34 waive the exception in this subparagraph for purposes of student 35 and campus parking privileges; or 36 4. In a concealed manner, if the person is authorized to 37 carry a concealed firearm under s. 790.06, upon the property of 38 a religious institution, as defined in s. 496.404, during 39 religious services or religious institution events when the 40 property also contains a school. However, a person may not carry 41 a concealed firearm: 42 a. During school hours or when curricular or 43 extracurricular school-sponsored events are taking place on the 44 property. 45 b. In any place or in any manner prohibited by federal law. 46 47 For the purposes of this section, “school” means any preschool, 48 elementary school, middle school, junior high school, secondary 49 school, career center, or postsecondary school, whether public 50 or nonpublic. 51 (b) A person who willfully and knowingly possesses any 52 electric weapon or device, destructive device, or other weapon 53 as defined in s. 790.001(13), including a razor blade or box 54 cutter, except as authorized in support of school-sanctioned 55 activities, in violation of this subsection commits a felony of 56 the third degree, punishable as provided in s. 775.082, s. 57 775.083, or s. 775.084. 58 (c)1. A person who willfully and knowingly possesses any 59 firearm in violation of this subsection commits a felony of the 60 third degree, punishable as provided in s. 775.082, s. 775.083, 61 or s. 775.084. 62 2. A person who stores or leaves a loaded firearm within 63 the reach or easy access of a minor who obtains the firearm and 64 commits a violation of subparagraph 1. commits a misdemeanor of 65 the second degree, punishable as provided in s. 775.082 or s. 66 775.083; except that this does not apply if the firearm was 67 stored or left in a securely locked box or container or in a 68 location which a reasonable person would have believed to be 69 secure, or was securely locked with a firearm-mounted push 70 button combination lock or a trigger lock; if the minor obtains 71 the firearm as a result of an unlawful entry by any person; or 72 to members of the Armed Forces, National Guard, or State 73 Militia, or to police or other law enforcement officers, with 74 respect to firearm possession by a minor which occurs during or 75 incidental to the performance of their official duties. 76 (d) A person who discharges any weapon or firearm while in 77 violation of paragraph (a), unless discharged for lawful defense 78 of himself or herself or another or for a lawful purpose, 79 commits a felony of the second degree, punishable as provided in 80 s. 775.082, s. 775.083, or s. 775.084. 81 (e) The penalties of this subsection shall not apply to 82 persons licensed under s. 790.06. Persons licensed under s. 83 790.06 shall be punished as provided in s. 790.06(12), except 84 that a licenseholder who unlawfully discharges a weapon or 85 firearm on school property as prohibited by this subsection 86 commits a felony of the second degree, punishable as provided in 87 s. 775.082, s. 775.083, or s. 775.084. 88 Section 2. For the purpose of incorporating the amendment 89 made by this act to section 790.115, Florida Statutes, in a 90 reference thereto, subsection (2) of section 775.30, Florida 91 Statutes, is reenacted to read: 92 775.30 Terrorism; defined; penalties.— 93 (2) A person who violates s. 782.04(1)(a)1. or (2), s. 94 782.065, s. 782.07(1), s. 782.09, s. 784.045, s. 784.07, s. 95 787.01, s. 787.02, s. 787.07, s. 790.115, s. 790.15, s. 790.16, 96 s. 790.161, s. 790.1615, s. 790.162, s. 790.166, s. 790.19, s. 97 806.01, s. 806.031, s. 806.111, s. 815.06, s. 815.061, s. 98 859.01, or s. 876.34, in furtherance of intimidating or coercing 99 the policy of a government, or in furtherance of affecting the 100 conduct of a government by mass destruction, assassination, or 101 kidnapping, commits the crime of terrorism, a felony of the 102 first degree, punishable as provided in s. 775.082, s. 775.083, 103 or s. 775.084. 104 Section 3. This act shall take effect July 1, 2019.