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.