Florida 2023 Regular Session

Florida House Bill H0215 Compare Versions

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

Old	New	Differences
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3	3	HB 215 2023
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7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb0215-00
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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 possession or use of a firearm 2
16	16	in a sensitive location; creating s. 790.075, F.S.; 3
17	17	defining the term "sensitive location"; prohibiting 4
18	18	the possession or use of a firearm in a sensitive 5
19	19	location; providing criminal penalties; providing 6
20	20	exceptions; providing an effective date. 7
21	21	8
22	22	Be It Enacted by the Legislature of the State of Florida: 9
23	23	10
24	24	Section 1. Section 790.075, Florida Statutes, is c reated 11
25	25	to read: 12
26	26	790.075 Possession or use of firearm in sensitive 13
27	27	location.— 14
28	28	(1) As used in this section, the term "sensitive location" 15
29	29	means any of the following: 16
30	30	(a) Any part of a healthcare facility licensed by the 17
31	31	state, including a hospital, nur sing home or other similar 18
32	32	residential facility, or provider of services for the care, 19
33	33	support, or treatment of individuals. 20
34	34	(b) Any part of a building owned, leased, or operated by a 21
35	35	governmental entity, including a polling place, courthouse, or 22
36	36	law enforcement facility. 23
37	37	(c) Any park, recreational facility or area, or playground 24
38	38	owned or controlled by a state, county, municipality, or other 25
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40	40	HB 215 2023
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43	43
44	44	CODING: Words stricken are deletions; words underlined are additions.
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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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49	49
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51	51	governmental entity. 26
52	52	(d) Any place of worship or religious observation. 27
53	53	(e) Any public library, public playgr ound, public park, or 28
54	54	public zoo. 29
55	55	(f) The location of any program licensed, regulated, 30
56	56	certified, operated, or funded by a governmental entity that 31
57	57	provides services to children, youth, or young adults; any 32
58	58	legally exempt child care provider; or any chil dcare program for 33
59	59	which a permit to operate such program has been issued. 34
60	60	(g) Any place owned or controlled by federal, state or 35
61	61	local government for the purpose of government administration, 36
62	62	including any court. 37
63	63	(h) Any place that provides health, beh avioral health, or 38
64	64	chemical dependence care or services. 39
65	65	(i) Any nursery school, preschool, or summer camp. 40
66	66	(j) The location of any program licensed, regulated, 41
67	67	certified, operated, or funded by a governmental entity that 42
68	68	provides developmental disabil ity services. 43
69	69	(k) The location of any program licensed, regulated, 44
70	70	certified, operated, or funded by a governmental entity that 45
71	71	provides mental health services. 46
72	72	(l) The location of any program licensed, regulated, 47
73	73	certified, operated, or funded by a governmental entity that 48
74	74	provides disability services. 49
75	75	(m) Any homeless shelter, runaway youth shelter, family 50
76	76
77	77	HB 215 2023
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81	81	CODING: Words stricken are deletions; words underlined are additions.
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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	shelter, adult shelter, domestic violence shelter, or emergency 51
89	89	shelter, and the location of any residential program for victims 52
90	90	of domestic violence in or upon any building or grounds owned or 53
91	91	leased by any governmental entity. 54
92	92	(n) Any educational institution, college or university, 55
93	93	licensed private career school, school district, public school, 56
94	94	private school, or charter school. 57
95	95	(o) Any place, conveyance, or vehicle used for public 58
96	96	transportation or public transit, including train cars, buses, 59
97	97	ferries, railroads, or marine or aviation transportation, or any 60
98	98	facility used for or in connection with service in the 61
99	99	transportation of passengers, including airports, train 62
100	100	stations, subway and rail stations, and bus terminals. 63
101	101	(p) Any bar, restaurant where alcohol is served, or other 64
102	102	site or facility where alcohol is sold for consumption on the 65
103	103	premises. 66
104	104	(q) Any site or facility where cannabis i s sold for 67
105	105	consumption on the premises. 68
106	106	(r) Any place used for performance, art, entertainment, 69
107	107	gaming, or sporting events, including theaters, stadiums, 70
108	108	racetracks, museums, amusement parks, performance venues, 71
109	109	concerts, exhibits, conference centers, ba nquet halls, or gaming 72
110	110	facilities. 73
111	111	(2) Any other law notwithstanding, a person may not 74
112	112	possess a firearm in a sensitive location. 75
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118	118	CODING: Words stricken are deletions; words underlined are additions.
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121	121	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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125	125	(a) Except as provided in paragraph (b), a person who 76
126	126	violates this subsection commits a felony of the third degree, 77
127	127	punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 78
128	128	(b) A person who discharges a firearm while violating this 79
129	129	subsection commits a felony of the second degree, punishable as 80
130	130	provided in s. 775.082, s. 775.083, or s. 775.084. 81
131	131	(3) This section does not apply to: 82
132	132	(a) A law enforcement officer who qualifies to carry a 83
133	133	firearm under the federal Law Enforcement Officers Safety Act of 84
134	134	2004, 18 U.S.C. s. 926C. 85
135	135	(b) A law enforcement officer, as defined in s. 943.10(1), 86
136	136	or a retired law enforcement officer. 87
137	137	(c) An employee of a security agency licensed under part 88
138	138	III of chapter 493 whose license authorizes him or her to carry 89
139	139	a firearm while at the location of his or her employment during 90
140	140	work hours. 91
141	141	(d) A member of the United States Armed Forces on active 92
142	142	duty. 93
143	143	(e) A government employee under the express written 94
144	144	consent of such employee's supervising governmental entity for 95
145	145	the purposes of natural resource protection and management. 96
146	146	(f) A person operating a program in a sensitive location, 97
147	147	other than his or her residence, that is licensed, regulated, 98
148	148	certified, operated, or funded by a governmental entity, so long 99
149	149	as such possession is in compliance with any rules or 100
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151	151	HB 215 2023
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155	155	CODING: Words stricken are deletions; words underlined are additions.
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158	158	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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162	162	regulations applicable to the operation of such program and the 101
163	163	use or storage of a firearm. 102
164	164	Section 2. This act shall take effect October 1, 2023. 103