Florida 2022 Regular Session

Florida House Bill H6049 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 6049 2022
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7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb6049-00
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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to the preemption of firearms and 2
16	16	ammunition; repealing s. 790.33, F.S., relating to the 3
17	17	preemption of the field of regulation of firearms and 4
18	18	ammunition to the Legislature, to the exclusion of 5
19	19	local jurisdictions; amending s. 790.251, F.S.; 6
20	20	conforming a provision to changes made by the act; 7
21	21	providing an effective date. 8
22	22	9
23	23	Be It Enacted by the Legislature of the State of Florida: 10
24	24	11
25	25	Section 1. Section 790.33, Florida Statutes, is repealed. 12
26	26	Section 2. Subsection (4) of section 790.251, Florida 13
27	27	Statutes, is amended to read: 14
28	28	790.251 Protection of the right to keep and bear arms in 15
29	29	motor vehicles for self -defense and other lawful purposes; 16
30	30	prohibited acts; duty of public and private employers; immunity 17
31	31	from liability; enforcement. — 18
32	32	(4) PROHIBITED ACTS. —No public or private employer may 19
33	33	violate the constitutional rights of any customer, employee, or 20
34	34	invitee as provided in paragraphs (a) -(e): 21
35	35	(a) No public or private employer may prohibit any 22
36	36	customer, employee, or invitee from possessing any legally owned 23
37	37	firearm when such firearm is lawfully possessed and locked 24
38	38	inside or locked to a private motor vehicle in a parking lot and 25
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40	40	HB 6049 2022
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43	43
44	44	CODING: Words stricken are deletions; words underlined are additions.
45	45	hb6049-00
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51	51	when the customer, employee, or invitee is lawfully in such 26
52	52	area. 27
53	53	(b) No public or private employer may violate the privacy 28
54	54	rights of a customer, employee, or invitee by verbal or written 29
55	55	inquiry regarding the presence of a firearm inside or locked to 30
56	56	a private motor vehicle in a parking lot or by an actual search 31
57	57	of a private motor vehicle in a parking lot to ascertain the 32
58	58	presence of a firearm within the vehicle. Further, no public or 33
59	59	private employer may take any action against a customer, 34
60	60	employee, or invitee base d upon verbal or written statements of 35
61	61	any party concerning possession of a firearm stored inside a 36
62	62	private motor vehicle in a parking lot for lawful purposes. A 37
63	63	search of a private motor vehicle in the parking lot of a public 38
64	64	or private employer to ascert ain the presence of a firearm 39
65	65	within the vehicle may only be conducted by on -duty law 40
66	66	enforcement personnel, based upon due process and must comply 41
67	67	with constitutional protections. 42
68	68	(c) No public or private employer shall condition 43
69	69	employment upon either: 44
70	70	1. The fact that an employee or prospective employee holds 45
71	71	or does not hold a license issued pursuant to s. 790.06; or 46
72	72	2. Any agreement by an employee or a prospective employee 47
73	73	that prohibits an employee from keeping a legal firearm locked 48
74	74	inside or locked to a private motor vehicle in a parking lot 49
75	75	when such firearm is kept for lawful purposes. 50
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77	77	HB 6049 2022
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81	81	CODING: Words stricken are deletions; words underlined are additions.
82	82	hb6049-00
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88	88	(d) No public or private employer shall prohibit or 51
89	89	attempt to prevent any customer, employee, or invitee from 52
90	90	entering the parking lot of the employer's pla ce of business 53
91	91	because the customer's, employee's, or invitee's private motor 54
92	92	vehicle contains a legal firearm being carried for lawful 55
93	93	purposes, that is out of sight within the customer's, 56
94	94	employee's, or invitee's private motor vehicle. 57
95	95	(e) No public or private employer may terminate the 58
96	96	employment of or otherwise discriminate against an employee, or 59
97	97	expel a customer or invitee for exercising his or her 60
98	98	constitutional right to keep and bear arms or for exercising the 61
99	99	right of self-defense as long as a fi rearm is never exhibited on 62
100	100	company property for any reason other than lawful defensive 63
101	101	purposes. 64
102	102	65
103	103	This subsection applies to all public sector employers , 66
104	104	including those already prohibited from regulating firearms 67
105	105	under the provisions of s. 790.33 . 68
106	106	Section 3. This act shall take effect July 1, 2022. 69