Ch. 790 WEAPONS AND FIREARMS F.S. 2017
(3) LEGISLATIVE INTENT; FINDINGS.—This act
is intended to codify the long-standing legislative policy
of the state that individual citizens have a constitutional
right to keep and bear arms, that they have a constitutional
right to possess and keep legally owned firearms
within their motor vehicles for self-defense and other
lawful purposes, and that these rights are not abrogated
by virtue of a citizen becoming a customer, employee, or
invitee of a business entity. It is the finding of the
Legislature that a citizen’s lawful possession, transportation,
and secure keeping of firearms and ammunition
within his or her motor vehicle is essential to the
exercise of the fundamental constitutional right to
keep and bear arms and the constitutional right of
self-defense. The Legislature finds that protecting and
preserving these rights is essential to the exercise of
freedom and individual responsibility. The Legislature
further finds that no citizen can or should be required to
waive or abrogate his or her right to possess and
securely keep firearms and ammunition locked within
his or her motor vehicle by virtue of becoming a
customer, employee, or invitee of any employer or
business establishment within the state, unless specifically
required by state or federal law.
(4) PROHIBITED ACTS.—No public or private
employer may violate the constitutional rights of any
customer, employee, or invitee as provided in paragraphs
(a)-(e):
(a) No public or private employer may prohibit any
customer, employee, or invitee from possessing any
legally owned firearm when such firearm is lawfully
possessed and locked inside or locked to a private
motor vehicle in a parking lot and when the customer,
employee, or invitee is lawfully in such area.
(b) No public or private employer may violate the
privacy rights of a customer, employee, or invitee by
verbal or written inquiry regarding the presence of a
firearm inside or locked to a private motor vehicle in a
parking lot or by an actual search of a private motor
vehicle in a parking lot to ascertain the presence of a
firearm within the vehicle. Further, no public or private
employer may take any action against a customer,
employee, or invitee based upon verbal or written
statements of any party concerning possession of a
firearm stored inside a private motor vehicle in a parking
lot for lawful purposes. A search of a private motor
vehicle in the parking lot of a public or private employer
to ascertain the presence of a firearm within the vehicle
may only be conducted by on-duty law enforcement
personnel, based upon due process and must comply
with constitutional protections.
(c) No public or private employer shall condition
employment upon either:
1. The fact that an employee or prospective
employee holds or does not hold a license issued
pursuant to s. 790.06; or
2. Any agreement by an employee or a prospective
employee that prohibits an employee from keeping a
legal firearm locked inside or locked to a private motor
vehicle in a parking lot when such firearm is kept for
lawful purposes.
(d) No public or private employer shall prohibit or
attempt to prevent any customer, employee, or invitee
from entering the parking lot of the employer’s place of
business because the customer’s, employee’s, or
invitee’s private motor vehicle contains a legal firearm
being carried for lawful purposes, that is out of sight
within the customer’s, employee’s, or invitee’s private
motor vehicle.
(e) No public or private employer may terminate the
employment of or otherwise discriminate against an
employee, or expel a customer or invitee for exercising
his or her constitutional right to keep and bear arms or
for exercising the right of self-defense as long as a
firearm is never exhibited on company property for any
reason other than lawful defensive purposes.
This subsection applies to all public sector employers,
including those already prohibited from regulating firearms
under the provisions of s. 790.33.
(5) DUTY OF CARE OF PUBLIC AND PRIVATE
EMPLOYERS; IMMUNITY FROM LIABILITY.—
(a) When subject to the provisions of subsection (4),
a public or private employer has no duty of care related
to the actions prohibited under such subsection.
(b) A public or private employer is not liable in a civil
action based on actions or inactions taken in compliance
with this section. The immunity provided in this
subsection does not apply to civil actions based on
actions or inactions of public or private employers that
are unrelated to compliance with this section.
(c) Nothing contained in this section shall be interpreted
to expand any existing duty, or create any
additional duty, on the part of a public or private
employer, property owner, or property owner’s agent.
(6) ENFORCEMENT.—The Attorney General shall
enforce the protections of this act on behalf of any
customer, employee, or invitee aggrieved under this act.
If there is reasonable cause to believe that the
aggrieved person’s rights under this act have been
violated by a public or private employer, the Attorney
General shall commence a civil or administrative action
for damages, injunctive relief and civil penalties, and
such other relief as may be appropriate under the
provisions of s. 760.51, or may negotiate a settlement
with any employer on behalf of any person aggrieved
under the act. However, nothing in this act shall prohibit
the right of a person aggrieved under this act to bring a
civil action for violation of rights protected under the act.
In any successful action brought by a customer,
employee, or invitee aggrieved under this act, the
court shall award all reasonable personal costs and
losses suffered by the aggrieved person as a result of
the violation of rights under this act. In any action
brought pursuant to this act, the court shall award all
court costs and attorney’s fees to the prevailing party.
(7) EXCEPTIONS.—The prohibitions in subsection
(4) do not apply to:
(a) Any school property as defined and regulated
under s. 790.115.
(b) Any correctional institution regulated under s.
944.47 or chapter 957.
(c) Any property where a nuclear-powered electricity
generation facility is located.
(d) Property owned or leased by a public or private
employer or the landlord of a public or private employer
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