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 Section 790.33, Florida Statutes, is repealed. 12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