Florida 2023 2023 Regular Session

Florida House Bill H0215 Introduced / Bill

Filed 01/17/2023

                       
 
HB 215  	2023 
 
 
 
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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 possession or use of a firearm 2 
in a sensitive location; creating s. 790.075, F.S.; 3 
defining the term "sensitive location"; prohibiting 4 
the possession or use of a firearm in a sensitive 5 
location; providing criminal penalties; providing 6 
exceptions; providing an effective date. 7 
 8 
Be It Enacted by the Legislature of the State of Florida: 9 
 10 
 Section 1.  Section 790.075, Florida Statutes, is c reated 11 
to read: 12 
 790.075  Possession or use of firearm in sensitive 13 
location.— 14 
 (1)  As used in this section, the term "sensitive location" 15 
means any of the following: 16 
 (a)  Any part of a healthcare facility licensed by the 17 
state, including a hospital, nur sing home or other similar 18 
residential facility, or provider of services for the care, 19 
support, or treatment of individuals. 20 
 (b)  Any part of a building owned, leased, or operated by a 21 
governmental entity, including a polling place, courthouse, or 22 
law enforcement facility. 23 
 (c)  Any park, recreational facility or area, or playground 24 
owned or controlled by a state, county, municipality, or other 25     
 
HB 215  	2023 
 
 
 
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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 
 
 
 
governmental entity. 26 
 (d)  Any place of worship or religious observation. 27 
 (e)  Any public library, public playgr ound, public park, or 28 
public zoo. 29 
 (f)  The location of any program licensed, regulated, 30 
certified, operated, or funded by a governmental entity that 31 
provides services to children, youth, or young adults; any 32 
legally exempt child care provider; or any chil dcare program for 33 
which a permit to operate such program has been issued. 34 
 (g)  Any place owned or controlled by federal, state or 35 
local government for the purpose of government administration, 36 
including any court. 37 
 (h)  Any place that provides health, beh avioral health, or 38 
chemical dependence care or services. 39 
 (i)  Any nursery school, preschool, or summer camp. 40 
 (j)  The location of any program licensed, regulated, 41 
certified, operated, or funded by a governmental entity that 42 
provides developmental disabil ity services. 43 
 (k)  The location of any program licensed, regulated, 44 
certified, operated, or funded by a governmental entity that 45 
provides mental health services. 46 
 (l)  The location of any program licensed, regulated, 47 
certified, operated, or funded by a governmental entity that 48 
provides disability services. 49 
 (m)  Any homeless shelter, runaway youth shelter, family 50     
 
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shelter, adult shelter, domestic violence shelter, or emergency 51 
shelter, and the location of any residential program for victims 52 
of domestic violence in or upon any building or grounds owned or 53 
leased by any governmental entity. 54 
 (n)  Any educational institution, college or university, 55 
licensed private career school, school district, public school, 56 
private school, or charter school. 57 
 (o)  Any place, conveyance, or vehicle used for public 58 
transportation or public transit, including train cars, buses, 59 
ferries, railroads, or marine or aviation transportation, or any 60 
facility used for or in connection with service in the 61 
transportation of passengers, including airports, train 62 
stations, subway and rail stations, and bus terminals. 63 
 (p)  Any bar, restaurant where alcohol is served, or other 64 
site or facility where alcohol is sold for consumption on the 65 
premises. 66 
 (q)  Any site or facility where cannabis i s sold for 67 
consumption on the premises. 68 
 (r)  Any place used for performance, art, entertainment, 69 
gaming, or sporting events, including theaters, stadiums, 70 
racetracks, museums, amusement parks, performance venues, 71 
concerts, exhibits, conference centers, ba nquet halls, or gaming 72 
facilities. 73 
 (2)  Any other law notwithstanding, a person may not 74 
possess a firearm in a sensitive location. 75     
 
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 (a)  Except as provided in paragraph (b), a person who 76 
violates this subsection commits a felony of the third degree, 77 
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 78 
 (b)  A person who discharges a firearm while violating this 79 
subsection commits a felony of the second degree, punishable as 80 
provided in s. 775.082, s. 775.083, or s. 775.084. 81 
 (3)  This section does not apply to: 82 
 (a)  A law enforcement officer who qualifies to carry a 83 
firearm under the federal Law Enforcement Officers Safety Act of 84 
2004, 18 U.S.C. s. 926C. 85 
 (b)  A law enforcement officer, as defined in s. 943.10(1), 86 
or a retired law enforcement officer. 87 
 (c)  An employee of a security agency licensed under part 88 
III of chapter 493 whose license authorizes him or her to carry 89 
a firearm while at the location of his or her employment during 90 
work hours. 91 
 (d)  A member of the United States Armed Forces on active 92 
duty. 93 
 (e)  A government employee under the express written 94 
consent of such employee's supervising governmental entity for 95 
the purposes of natural resource protection and management. 96 
 (f)  A person operating a program in a sensitive location, 97 
other than his or her residence, that is licensed, regulated, 98 
certified, operated, or funded by a governmental entity, so long 99 
as such possession is in compliance with any rules or 100     
 
HB 215  	2023 
 
 
 
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regulations applicable to the operation of such program and the 101 
use or storage of a firearm. 102 
 Section 2.  This act shall take effect October 1, 2023. 103