Bill Text: FL S0672 | 2021 | Regular Session | Introduced
Bill Title: Preemption of Firearms and Ammunition Regulation
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2021-04-30 - Died in Judiciary [S0672 Detail]
Download: Florida-2021-S0672-Introduced.html
Florida Senate - 2021 SB 672 By Senator Taddeo 40-00170-21 2021672__ 1 A bill to be entitled 2 An act relating to the preemption of firearms and 3 ammunition regulation; repealing s. 790.33, F.S., 4 relating to the preemption of the field of regulation 5 of firearms and ammunition to the Legislature, to the 6 exclusion of local jurisdictions; amending s. 790.251, 7 F.S.; conforming a provision to changes made by the 8 act; 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 Section 790.33, Florida Statutes, is repealed. 13 Section 2.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,67including those already prohibited from regulating firearms68under the provisions of s. 790.33. 69 Section 3. This act shall take effect July 1, 2021.