Florida Senate - 2018 SB 134
By Senator Steube
23-00016-18 2018134__
1 A bill to be entitled
2 An act relating to concealed weapons or firearms;
3 amending s. 790.06, F.S.; authorizing a concealed
4 weapons or concealed firearms licensee to temporarily
5 surrender a weapon or firearm if the licensee
6 approaches courthouse security or management personnel
7 upon arrival and follows their instructions; defining
8 the term “courthouse”; preempting certain ordinances,
9 rules, orders, and regulations that conflict with that
10 definition or with certain rights; subjecting the
11 persons or entities responsible for enacting, or
12 causing the enforcement of, preempted ordinances,
13 rules, orders, and regulations to specified penalties;
14 providing an effective date.
15
16 Be It Enacted by the Legislature of the State of Florida:
17
18 Section 1. Present subsection (17) of section 790.06,
19 Florida Statutes, is redesignated as subsection (18), a new
20 subsection (17) is added to that section, and paragraph (a) of
21 subsection (12) of that section is amended, to read:
22 790.06 License to carry concealed weapon or firearm.—
23 (12)(a) A license issued under this section does not
24 authorize any person to openly carry a handgun or carry a
25 concealed weapon or firearm into:
26 1. Any place of nuisance as defined in s. 823.05;
27 2. Any police, sheriff, or highway patrol station;
28 3. Any detention facility, prison, or jail;
29 4. Any courthouse, except when a licensee approaches
30 security or management personnel upon arrival at a courthouse
31 and notifies them of the presence of the weapon or firearm and
32 follows the security or management personnel’s instructions for
33 removing, securing, and storing such weapon or firearm, or when
34 the licensee temporarily surrenders such weapon or firearm to
35 the security or management personnel, who shall store the weapon
36 or firearm in a locker, safe, or other secure location and
37 return the weapon or firearm to the licensee when he or she is
38 exiting the courthouse;
39 5. Any courtroom, except that nothing in this section would
40 preclude a judge from carrying a concealed weapon or determining
41 who will carry a concealed weapon in his or her courtroom;
42 6. Any polling place;
43 7. Any meeting of the governing body of a county, public
44 school district, municipality, or special district;
45 8. Any meeting of the Legislature or a committee thereof;
46 9. Any school, college, or professional athletic event not
47 related to firearms;
48 10. Any elementary or secondary school facility or
49 administration building;
50 11. Any career center;
51 12. Any portion of an establishment licensed to dispense
52 alcoholic beverages for consumption on the premises, which
53 portion of the establishment is primarily devoted to such
54 purpose;
55 13. Any college or university facility unless the licensee
56 is a registered student, employee, or faculty member of such
57 college or university and the weapon is a stun gun or nonlethal
58 electric weapon or device designed solely for defensive purposes
59 and the weapon does not fire a dart or projectile;
60 14. The inside of the passenger terminal and sterile area
61 of any airport, provided that no person shall be prohibited from
62 carrying any legal firearm into the terminal, which firearm is
63 encased for shipment for purposes of checking such firearm as
64 baggage to be lawfully transported on any aircraft; or
65 15. Any place where the carrying of firearms is prohibited
66 by federal law.
67 (17)(a) As used in this section, the term “courthouse”
68 means a building in which trials and hearings are conducted on a
69 regular basis. If a building is used primarily for purposes
70 other than the conduct of hearings and trials and housing
71 judicial chambers, the term includes only that portion of the
72 building that is primarily used for hearings and trials and
73 judicial chambers.
74 (b) A local ordinance, administrative rule, administrative
75 order, or regulation that is in conflict with the definition of
76 the term “courthouse” in this subsection or the rights set forth
77 under subparagraph (12)(a)4. is preempted to the Legislature
78 under s. 790.33. The person, justice, judge, county, agency,
79 municipality, district, or other entity that enacts or causes to
80 be enforced a local ordinance, administrative rule,
81 administrative order, or regulation that is preempted is subject
82 to the penalties set forth in s. 790.33, including, but not
83 limited to, civil fines and removal from office by the Governor.
84 Section 2. This act shall take effect July 1, 2018.