Florida 2024 Regular Session

Florida House Bill H0209 Latest Draft

Bill / Introduced Version Filed 10/17/2023

                               
 
HB 209  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb0209-00 
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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 health care facility licensed by the 17 
state, including, but not limit ed to, a hospital, a nursing home 18 
or other similar residential facility, or a provider of services 19 
for the care, support, or treatment of individuals. 20 
 (b)  Any part of a building owned, leased, or operated by a 21 
governmental entity, including, but not limi ted to, a polling 22 
place, a courthouse, or a law enforcement facility. 23 
 (c)  Any park, recreational facility or area, or playground 24 
owned or controlled by a state, county, or municipality or other 25     
 
HB 209  	2024 
 
 
 
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governmental entity. 26 
 (d)  Any place of worship or religious observation. 27 
 (e)  Any public library, public playground, public park, or 28 
public zoo. 29 
 (f)  The location of any program licensed, regulated, 30 
certified, operated, or funded by a governmental entity which 31 
provides services to children, youth, or young adult s; any 32 
legally exempt child care provider; or any child care program 33 
for which a permit to operate such program has been issued. 34 
 (g)  Any place owned or controlled by a federal, state, or 35 
local governmental entity for the purpose of government 36 
administration, including, but not limited to, any courthouse. 37 
 (h)  Any place that provides health, behavioral 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 which 42 
provides developmental disability services. 43 
 (k)  The location of any program licensed, regulated, 44 
certified, operated, or funded by a governmental entity which 45 
provides mental health services. 46 
 (l)  The location of any program licensed, regulated, 47 
certified, operated, or funded by a governmental entity which 48 
provides disability services. 49 
 (m)  Any homeless shelter, runaway youth shelter, family 50     
 
HB 209  	2024 
 
 
 
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shelter, adult shelter, domestic violenc e shelter, or emergency 51 
shelter, or 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, but not limited to, 59 
train cars, buses, ferries, railroads, or mari ne or aviation 60 
transportation, or any facility used for or in connection with 61 
service in the transportation of passengers, including, but not 62 
limited to, airports, train stations, subway and rail stations, 63 
or bus terminals. 64 
 (p)  Any bar, restaurant where alcohol is served, or other 65 
site or facility where alcohol is sold for consumption on the 66 
premises. 67 
 (q)  Any site or facility where cannabis is sold for 68 
consumption on the premises. 69 
 (r)  Any place used for performances, artistic displays, 70 
entertainment, gaming, or sporting events, including, but not 71 
limited to, theaters, stadiums, racetracks, museums, amusement 72 
parks, performance venues, concerts, exhibits, conference 73 
centers, banquet halls, or gaming facilities. 74 
 (2)  Notwithstanding any other law, a per son may not 75     
 
HB 209  	2024 
 
 
 
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possess a firearm in a sensitive location. 76 
 (a)  Except as provided in paragraph (b), a person who 77 
violates this subsection commits a felony of the third degree, 78 
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 79 
 (b)  A person who discharges a firearm while violating this 80 
subsection commits a felony of the second degree, punishable as 81 
provided in s. 775.082, s. 775.083, or s. 775.084. 82 
 (3)  This section does not apply to: 83 
 (a)  A law enforcement officer who qualifies to carry a 84 
firearm under the federal Law Enforcement Officers Safety Act of 85 
2004, 18 U.S.C. s. 926C. 86 
 (b)  A law enforcement officer as defined in s. 943.10(1) 87 
or a retired law enforcement officer. 88 
 (c)  An employee of a security agency licensed under part 89 
III of chapter 493 whose license authorizes him or her to carry 90 
a firearm while at the location of his or her employment during 91 
work hours. 92 
 (d)  A member of the United States Armed Forces on active 93 
duty. 94 
 (e)  A government employee under the express written 95 
consent of the employee's supervising governmental entity for 96 
the purposes of natural resource protection and management. 97 
 (f)  A person operating a program in a sensitive location, 98 
other than his or her residence, which is licensed, regulated, 99 
certified, operated, or funded by a governmental entity, so long 100     
 
HB 209  	2024 
 
 
 
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as such possession is in compliance with any rules or 101 
regulations applicable to the operation of such program and the 102 
use or storage of a firearm. 103 
 Section 2.  This act shall take effect October 1, 2024. 104