Bill Text: FL S1242 | 2018 | Regular Session | Introduced
Bill Title: Carrying of Weapons and Firearms
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2018-03-10 - Died in Judiciary [S1242 Detail]
Download: Florida-2018-S1242-Introduced.html
Florida Senate - 2018 SB 1242 By Senator Steube 23-01601-18 20181242__ 1 A bill to be entitled 2 An act relating to the carrying of weapons and 3 firearms; amending s. 790.25, F.S.; providing that 4 specified provisions relating to the carrying of 5 weapons and firearms do not apply to persons engaged 6 in, traveling to, or returning from certain outdoor 7 activities or traveling to or returning from certain 8 motor vehicles, residences, shelters, and other 9 places; amending s. 27.53, F.S.; conforming cross 10 references; providing an effective date. 11 12 WHEREAS, law-abiding citizens have the constitutional right 13 of self-protection and the constitutional right to keep and 14 bears arms for lawful purposes, and 15 WHEREAS, citizens have the right to protect themselves, 16 their families, and others when engaged in outdoor activities, 17 and 18 WHEREAS, citizens engaged in outdoor activities risk danger 19 from the presence of bears, boars, alligators, panthers, snakes, 20 and other wildlife predators, as well as human predators, NOW, 21 THEREFORE, 22 23 Be It Enacted by the Legislature of the State of Florida: 24 25 Section 1. Paragraphs (i) through (p) of subsection (3) of 26 section 790.25, Florida Statutes, are redesignated as paragraphs 27 (k) through (r), respectively, and new paragraphs (i) and (j) 28 are added to that subsection, to read: 29 790.25 Lawful ownership, possession, and use of firearms 30 and other weapons.— 31 (3) LAWFUL USES.—The provisions of ss. 790.053 and 790.06 32 do not apply in the following instances, and, despite such 33 sections, it is lawful for the following persons to own, 34 possess, and lawfully use firearms and other weapons, 35 ammunition, and supplies for lawful purposes: 36 (i) A person engaged in, traveling to, or returning from a 37 lawful outdoor expedition or activity, including, but not 38 limited to: 39 1. Crabbing, gigging, cast netting, lobstering, or any 40 other fishing activity; 41 2. Hiking, trekking, backpacking, cross-country running, 42 geocaching, or any other orienteering activity; 43 3. Trapping, falconry, or any other hunting activity; 44 4. Bicycling, mountain biking, trail riding, or any other 45 cycling activity; 46 5. All-terrain vehicle, dirt bike, four-wheeler, or any 47 other off-road vehicle riding activity; 48 6. Boating, canoeing, kayaking, rafting, or any other 49 maritime activity; 50 7. Dog walking, animal training, mushing, or any other 51 outdoor animal exercising activity; 52 8. Speleology, spelunking, or any other caving activity; 53 9. Horseback riding or any other equestrian activity; 54 10. Rock climbing, rappelling, or any other mountaineering 55 activity; 56 11. Nature photography, bird watching, astronomy, or any 57 other outdoor viewing activity; and 58 12. Picnicking, mushroom hunting, berry picking, metal 59 detecting, fossil hunting, or any other outdoor recreational, 60 training, scientific, or athletic activity; 61 (j) A person traveling to or returning from a motor 62 vehicle; a residence, dwelling, apartment, condominium, 63 townhouse, lodge, cabin, motor home, mobile home, recreational 64 vehicle, hotel, motel, or any other place of residence or 65 shelter; or any other place at which a firearm or weapon may be 66 lawfully possessed; 67 Section 2. Subsections (1) and (4) of section 27.53, 68 Florida Statutes, are amended to read: 69 27.53 Appointment of assistants and other staff; method of 70 payment.— 71 (1) The public defender of each judicial circuit is 72 authorized to employ and establish, in such numbers as 73 authorized by the General Appropriations Act, assistant public 74 defenders and other staff and personnel pursuant to s. 29.006, 75 who shall be paid from funds appropriated for that purpose. 76 Notwithstanding the provisions of s. 790.01, s. 790.02, or s. 77 790.25(2)(a), an investigator employed by a public defender, 78 while actually carrying out official duties, is authorized to 79 carry concealed weapons if the investigator complies with s. 80 790.25(3)(q)790.25(3)(o). However, such investigators are not 81 eligible for membership in the Special Risk Class of the Florida 82 Retirement System. The public defenders of all judicial circuits 83 shall jointly develop a coordinated classification and pay plan 84 which shall be submitted on or before January 1 of each year to 85 the Justice Administrative Commission, the office of the 86 President of the Senate, and the office of the Speaker of the 87 House of Representatives. Such plan shall be developed in 88 accordance with policies and procedures of the Executive Office 89 of the Governor established in s. 216.181. Each assistant public 90 defender appointed by a public defender under this section shall 91 serve at the pleasure of the public defender. Each investigator 92 employed by a public defender shall have full authority to serve 93 any witness subpoena or court order issued, by any court or 94 judge within the judicial circuit served by such public 95 defender, in a criminal case in which such public defender has 96 been appointed to represent the accused. 97 (4) The five criminal conflict and civil regional counsel 98 may employ and establish, in the numbers authorized by the 99 General Appropriations Act, assistant regional counsel and other 100 staff and personnel in each judicial district pursuant to s. 101 29.006, who shall be paid from funds appropriated for that 102 purpose. Notwithstanding s. 790.01, s. 790.02, or s. 103 790.25(2)(a), an investigator employed by an office of criminal 104 conflict and civil regional counsel, while actually carrying out 105 official duties, is authorized to carry concealed weapons if the 106 investigator complies with s. 790.25(3)(q)790.25(3)(o). 107 However, such investigators are not eligible for membership in 108 the Special Risk Class of the Florida Retirement System. The 109 five regional counsel shall jointly develop recommended 110 modifications to the classification plan and the salary and 111 benefits plan for the Justice Administrative Commission. The 112 recommendations shall be submitted to the commission, the office 113 of the President of the Senate, and the office of the Speaker of 114 the House of Representatives by September 15, 2007, for the 115 regional offices’ initial establishment and before January 1 of 116 each year thereafter. Such recommendations shall be developed in 117 accordance with policies and procedures of the Executive Office 118 of the Governor established in s. 216.181. Each assistant 119 regional counsel appointed by the regional counsel under this 120 section shall serve at the pleasure of the regional counsel. 121 Each investigator employed by the regional counsel shall have 122 full authority to serve any witness subpoena or court order 123 issued by any court or judge in a criminal case in which the 124 regional counsel has been appointed to represent the accused. 125 Section 3. This act shall take effect July 1, 2018.