Florida Senate - 2019 CS for SB 598 By the Committee on Judiciary; and Senator Albritton 590-02491-19 2019598c1 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 when the property 6 also contains a school; providing exceptions; 7 reenacting s. 775.30(2), F.S., relating to terrorism, 8 to incorporate the amendment made to s. 790.115, F.S., 9 in a reference thereto; providing an effective date. 10 11 Be It Enacted by the Legislature of the State of Florida: 12 13 Section 1. Subsection (2) of section 790.115, Florida 14 Statutes, is amended to read: 15 790.115 Possessing or discharging weapons or firearms at a 16 school-sponsored event or on school property prohibited; 17 penalties; exceptions.— 18 (2)(a) A person may
shallnot possess a anyfirearm, 19 electric weapon or device, destructive device, or other weapon 20 as defined in s. 790.001(13), including a razor blade or box 21 cutter, except as authorized in support of school-sanctioned 22 activities, at a school-sponsored event, or on the property of 23 any school, school bus, or school bus stop; however, a person 24 may carry a firearm: 25 1. In a case to a firearms program, class, or function 26 which has been approved in advance by the principal or chief 27 administrative officer of the school as a program or class to 28 which firearms could be carried; 29 2. In a case to a career center having a firearms training 30 range; or31 3. In a vehicle pursuant to s. 790.25(5); except that 32 school districts may adopt written and published policies that 33 waive the exception in this subparagraph for purposes of student 34 and campus parking privileges; or 35 4. In a concealed manner, if the person is authorized to 36 carry a concealed firearm under s. 790.06, upon the property of 37 a religious institution, as defined in s. 496.404, when the 38 property also contains a school. However, a person may not carry 39 a concealed firearm: 40 a. During school hours or when curricular or 41 extracurricular school-sponsored events are taking place on the 42 property. 43 b. In any place or in any manner prohibited by federal law. 44 45 For the purposes of this section, “school” means any preschool, 46 elementary school, middle school, junior high school, secondary 47 school, career center, or postsecondary school, whether public 48 or nonpublic. 49 (b) A person who willfully and knowingly possesses any 50 electric weapon or device, destructive device, or other weapon 51 as defined in s. 790.001(13), including a razor blade or box 52 cutter, except as authorized in support of school-sanctioned 53 activities, in violation of this subsection commits a felony of 54 the third degree, punishable as provided in s. 775.082, s. 55 775.083, or s. 775.084. 56 (c)1. A person who willfully and knowingly possesses any 57 firearm in violation of this subsection commits a felony of the 58 third degree, punishable as provided in s. 775.082, s. 775.083, 59 or s. 775.084. 60 2. A person who stores or leaves a loaded firearm within 61 the reach or easy access of a minor who obtains the firearm and 62 commits a violation of subparagraph 1. commits a misdemeanor of 63 the second degree, punishable as provided in s. 775.082 or s. 64 775.083; except that this does not apply if the firearm was 65 stored or left in a securely locked box or container or in a 66 location which a reasonable person would have believed to be 67 secure, or was securely locked with a firearm-mounted push 68 button combination lock or a trigger lock; if the minor obtains 69 the firearm as a result of an unlawful entry by any person; or 70 to members of the Armed Forces, National Guard, or State 71 Militia, or to police or other law enforcement officers, with 72 respect to firearm possession by a minor which occurs during or 73 incidental to the performance of their official duties. 74 (d) A person who discharges any weapon or firearm while in 75 violation of paragraph (a), unless discharged for lawful defense 76 of himself or herself or another or for a lawful purpose, 77 commits a felony of the second degree, punishable as provided in 78 s. 775.082, s. 775.083, or s. 775.084. 79 (e) The penalties of this subsection shall not apply to 80 persons licensed under s. 790.06. Persons licensed under s. 81 790.06 shall be punished as provided in s. 790.06(12), except 82 that a licenseholder who unlawfully discharges a weapon or 83 firearm on school property as prohibited by this subsection 84 commits a felony of the second degree, punishable as provided in 85 s. 775.082, s. 775.083, or s. 775.084. 86 Section 2. For the purpose of incorporating the amendment 87 made by this act to section 790.115, Florida Statutes, in a 88 reference thereto, subsection (2) of section 775.30, Florida 89 Statutes, is reenacted to read: 90 775.30 Terrorism; defined; penalties.— 91 (2) A person who violates s. 782.04(1)(a)1. or (2), s. 92 782.065, s. 782.07(1), s. 782.09, s. 784.045, s. 784.07, s. 93 787.01, s. 787.02, s. 787.07, s. 790.115, s. 790.15, s. 790.16, 94 s. 790.161, s. 790.1615, s. 790.162, s. 790.166, s. 790.19, s. 95 806.01, s. 806.031, s. 806.111, s. 815.06, s. 815.061, s. 96 859.01, or s. 876.34, in furtherance of intimidating or coercing 97 the policy of a government, or in furtherance of affecting the 98 conduct of a government by mass destruction, assassination, or 99 kidnapping, commits the crime of terrorism, a felony of the 100 first degree, punishable as provided in s. 775.082, s. 775.083, 101 or s. 775.084. 102 Section 3. This act shall take effect July 1, 2019.