CS for SB 616 First Engrossed (ntc)
2017616e1
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 follow their instructions; defining
8 the term “courthouse”; providing that inconsistent
9 definitions are preempted to the Legislature;
10 subjecting the persons or entities responsible for
11 enacting, or causing the enforcement of, an
12 inconsistent definition to specified penalties;
13 providing an effective date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. Present subsection (17) of section 790.06,
18 Florida Statutes, is redesignated as subsection (18), a new
19 subsection (17) is added to that section, and paragraph (a) of
20 subsection (12) of that section is amended, to read:
21 790.06 License to carry concealed weapon or firearm.—
22 (12)(a) A license issued under this section does not
23 authorize any person to openly carry a handgun or carry a
24 concealed weapon or firearm into:
25 1. Any place of nuisance as defined in s. 823.05;
26 2. Any police, sheriff, or highway patrol station;
27 3. Any detention facility, prison, or jail;
28 4. Any courthouse, except when a licensee approaches
29 security or management personnel upon arrival at a courthouse
30 and notifies them of the presence of the weapon or firearm and
31 follows the security or management personnel’s instructions for
32 removing, securing, and storing such weapon or firearm, or when
33 the licensee temporarily surrenders such weapon or firearm to
34 the security or management personnel, who shall store the weapon
35 or firearm in a locker, safe, or other secure location and
36 return the weapon or firearm to the licensee when he or she is
37 exiting the courthouse;
38 5. Any courtroom, except that nothing in this section would
39 preclude a judge from carrying a concealed weapon or determining
40 who will carry a concealed weapon in his or her courtroom;
41 6. Any polling place;
42 7. Any meeting of the governing body of a county, public
43 school district, municipality, or special district;
44 8. Any meeting of the Legislature or a committee thereof;
45 9. Any school, college, or professional athletic event not
46 related to firearms;
47 10. Any elementary or secondary school facility or
48 administration building;
49 11. Any career center;
50 12. Any portion of an establishment licensed to dispense
51 alcoholic beverages for consumption on the premises, which
52 portion of the establishment is primarily devoted to such
53 purpose;
54 13. Any college or university facility unless the licensee
55 is a registered student, employee, or faculty member of such
56 college or university and the weapon is a stun gun or nonlethal
57 electric weapon or device designed solely for defensive purposes
58 and the weapon does not fire a dart or projectile;
59 14. The inside of the passenger terminal and sterile area
60 of any airport, provided that no person shall be prohibited from
61 carrying any legal firearm into the terminal, which firearm is
62 encased for shipment for purposes of checking such firearm as
63 baggage to be lawfully transported on any aircraft; or
64 15. Any place where the carrying of firearms is prohibited
65 by federal law.
66 (17)(a) As used in this section, the term “courthouse”
67 means a building in which trials and hearings are conducted on a
68 regular basis. If a building is used primarily for purposes
69 other than the conduct of hearings and trials and housing
70 judicial chambers, the term includes only that portion of the
71 building that is primarily used for hearings and trials and
72 judicial chambers.
73 (b) A local ordinance, administrative rule, administrative
74 order, or regulation that is in conflict with the definition of
75 the term “courthouse” in this subsection or the rights set forth
76 under subparagraph (12)(a)4. is preempted to the Legislature
77 under s. 790.33. The person, justice, judge, county, agency,
78 municipality, district, or other entity that enacts or causes to
79 be enforced a local ordinance, administrative rule,
80 administrative order, or regulation that is preempted is subject
81 to the penalties set forth in s. 790.33, including, but not
82 limited to, civil fines and removal from office by the Governor.
83 Section 2. This act shall take effect July 1, 2017.