Bill Text: FL S0134 | 2020 | Regular Session | Introduced


Bill Title: Preemption of Firearms and Ammunition

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-09-03 - Referred to Infrastructure and Security; Judiciary; Rules [S0134 Detail]

Download: Florida-2020-S0134-Introduced.html
       Florida Senate - 2020                                     SB 134
       
       
        
       By Senator Taddeo
       
       
       
       
       
       40-00338-20                                            2020134__
    1                        A bill to be entitled                      
    2         An act relating to the preemption of firearms and
    3         ammunition; repealing s. 790.33, F.S., relating to the
    4         preemption of the field of regulation of firearms and
    5         ammunition to the Legislature, to the exclusion of
    6         local jurisdictions; amending s. 790.251, F.S.;
    7         conforming a provision to changes made by the act;
    8         providing an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Section 790.33, Florida Statutes, is repealed.
   13         Section 2. Subsection (4) of section 790.251, Florida
   14  Statutes, is amended to read:
   15         790.251 Protection of the right to keep and bear arms in
   16  motor vehicles for self-defense and other lawful purposes;
   17  prohibited acts; duty of public and private employers; immunity
   18  from liability; enforcement.—
   19         (4) PROHIBITED ACTS.—No public or private employer may
   20  violate the constitutional rights of any customer, employee, or
   21  invitee as provided in paragraphs (a)-(e):
   22         (a) No public or private employer may prohibit any
   23  customer, employee, or invitee from possessing any legally owned
   24  firearm when such firearm is lawfully possessed and locked
   25  inside or locked to a private motor vehicle in a parking lot and
   26  when the customer, employee, or invitee is lawfully in such
   27  area.
   28         (b) No public or private employer may violate the privacy
   29  rights of a customer, employee, or invitee by verbal or written
   30  inquiry regarding the presence of a firearm inside or locked to
   31  a private motor vehicle in a parking lot or by an actual search
   32  of a private motor vehicle in a parking lot to ascertain the
   33  presence of a firearm within the vehicle. Further, no public or
   34  private employer may take any action against a customer,
   35  employee, or invitee based upon verbal or written statements of
   36  any party concerning possession of a firearm stored inside a
   37  private motor vehicle in a parking lot for lawful purposes. A
   38  search of a private motor vehicle in the parking lot of a public
   39  or private employer to ascertain the presence of a firearm
   40  within the vehicle may only be conducted by on-duty law
   41  enforcement personnel, based upon due process and must comply
   42  with constitutional protections.
   43         (c) No public or private employer shall condition
   44  employment upon either:
   45         1. The fact that an employee or prospective employee holds
   46  or does not hold a license issued pursuant to s. 790.06; or
   47         2. Any agreement by an employee or a prospective employee
   48  that prohibits an employee from keeping a legal firearm locked
   49  inside or locked to a private motor vehicle in a parking lot
   50  when such firearm is kept for lawful purposes.
   51         (d) No public or private employer shall prohibit or attempt
   52  to prevent any customer, employee, or invitee from entering the
   53  parking lot of the employer’s place of business because the
   54  customer’s, employee’s, or invitee’s private motor vehicle
   55  contains a legal firearm being carried for lawful purposes, that
   56  is out of sight within the customer’s, employee’s, or invitee’s
   57  private motor vehicle.
   58         (e) No public or private employer may terminate the
   59  employment of or otherwise discriminate against an employee, or
   60  expel a customer or invitee for exercising his or her
   61  constitutional right to keep and bear arms or for exercising the
   62  right of self-defense as long as a firearm is never exhibited on
   63  company property for any reason other than lawful defensive
   64  purposes.
   65  
   66  This subsection applies to all public sector employers,
   67  including those already prohibited from regulating firearms
   68  under the provisions of s. 790.33.
   69         Section 3. This act shall take effect July 1, 2020.

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