Florida Senate - 2025 SB 238 By Senator Polsky 30-00730-25 2025238__ 1 A bill to be entitled 2 An act relating to the preemption of firearms and 3 ammunition; repealing s. 790.33, F.S., relating to the 4 preemption of the field of regulation of firearms and 5 ammunition to the Legislature, to the exclusion of 6 local jurisdictions; amending s. 790.251, F.S.; 7 conforming a provision to changes made by the act; 8 providing an effective date. 9 10 Be It Enacted by the Legislature of the State of Florida: 11 12 Section 1.Section 790.33, Florida Statutes, is repealed. 13 Section 2.Subsection (4) of section 790.251, Florida 14 Statutes, is amended to read: 15 790.251Protection of the right to keep and bear arms in 16 motor vehicles for self-defense and other lawful purposes; 17 prohibited acts; duty of public and private employers; immunity 18 from liability; enforcement. 19 (4)PROHIBITED ACTS.No public or private employer may 20 violate the constitutional rights of any customer, employee, or 21 invitee as provided in paragraphs (a)-(e): 22 (a)No public or private employer may prohibit any 23 customer, employee, or invitee from possessing any legally owned 24 firearm when such firearm is lawfully possessed and locked 25 inside or locked to a private motor vehicle in a parking lot and 26 when the customer, employee, or invitee is lawfully in such 27 area. 28 (b)No public or private employer may violate the privacy 29 rights of a customer, employee, or invitee by verbal or written 30 inquiry regarding the presence of a firearm inside or locked to 31 a private motor vehicle in a parking lot or by an actual search 32 of a private motor vehicle in a parking lot to ascertain the 33 presence of a firearm within the vehicle. Further, no public or 34 private employer may take any action against a customer, 35 employee, or invitee based upon verbal or written statements of 36 any party concerning possession of a firearm stored inside a 37 private motor vehicle in a parking lot for lawful purposes. A 38 search of a private motor vehicle in the parking lot of a public 39 or private employer to ascertain the presence of a firearm 40 within the vehicle may only be conducted by on-duty law 41 enforcement personnel, based upon due process and must comply 42 with constitutional protections. 43 (c)No public or private employer shall condition 44 employment upon either: 45 1.The fact that an employee or prospective employee is 46 authorized to carry a concealed weapon or concealed firearm 47 under s. 790.01(1); or 48 2.Any agreement by an employee or a prospective employee 49 that prohibits an employee from keeping a legal firearm locked 50 inside or locked to a private motor vehicle in a parking lot 51 when such firearm is kept for lawful purposes. 52 (d)No public or private employer shall prohibit or attempt 53 to prevent any customer, employee, or invitee from entering the 54 parking lot of the employers place of business because the 55 customers, employees, or invitees private motor vehicle 56 contains a legal firearm being carried for lawful purposes, that 57 is out of sight within the customers, employees, or invitees 58 private motor vehicle. 59 (e)No public or private employer may terminate the 60 employment of or otherwise discriminate against an employee, or 61 expel a customer or invitee for exercising his or her 62 constitutional right to keep and bear arms or for exercising the 63 right of self-defense as long as a firearm is never exhibited on 64 company property for any reason other than lawful defensive 65 purposes. 66 67 This subsection applies to all public sector employers, 68 including those already prohibited from regulating firearms 69 under s. 790.33. 70 Section 3.This act shall take effect July 1, 2025.