Florida Senate - 2018 SB 1242
By Senator Steube
23-01601-18 20181242__
1 A bill to be entitled
2 An act relating to the carrying of weapons and
3 firearms; amending s. 790.25, F.S.; providing that
4 specified provisions relating to the carrying of
5 weapons and firearms do not apply to persons engaged
6 in, traveling to, or returning from certain outdoor
7 activities or traveling to or returning from certain
8 motor vehicles, residences, shelters, and other
9 places; amending s. 27.53, F.S.; conforming cross
10 references; providing an effective date.
11
12 WHEREAS, law-abiding citizens have the constitutional right
13 of self-protection and the constitutional right to keep and
14 bears arms for lawful purposes, and
15 WHEREAS, citizens have the right to protect themselves,
16 their families, and others when engaged in outdoor activities,
17 and
18 WHEREAS, citizens engaged in outdoor activities risk danger
19 from the presence of bears, boars, alligators, panthers, snakes,
20 and other wildlife predators, as well as human predators, NOW,
21 THEREFORE,
22
23 Be It Enacted by the Legislature of the State of Florida:
24
25 Section 1. Paragraphs (i) through (p) of subsection (3) of
26 section 790.25, Florida Statutes, are redesignated as paragraphs
27 (k) through (r), respectively, and new paragraphs (i) and (j)
28 are added to that subsection, to read:
29 790.25 Lawful ownership, possession, and use of firearms
30 and other weapons.—
31 (3) LAWFUL USES.—The provisions of ss. 790.053 and 790.06
32 do not apply in the following instances, and, despite such
33 sections, it is lawful for the following persons to own,
34 possess, and lawfully use firearms and other weapons,
35 ammunition, and supplies for lawful purposes:
36 (i) A person engaged in, traveling to, or returning from a
37 lawful outdoor expedition or activity, including, but not
38 limited to:
39 1. Crabbing, gigging, cast netting, lobstering, or any
40 other fishing activity;
41 2. Hiking, trekking, backpacking, cross-country running,
42 geocaching, or any other orienteering activity;
43 3. Trapping, falconry, or any other hunting activity;
44 4. Bicycling, mountain biking, trail riding, or any other
45 cycling activity;
46 5. All-terrain vehicle, dirt bike, four-wheeler, or any
47 other off-road vehicle riding activity;
48 6. Boating, canoeing, kayaking, rafting, or any other
49 maritime activity;
50 7. Dog walking, animal training, mushing, or any other
51 outdoor animal exercising activity;
52 8. Speleology, spelunking, or any other caving activity;
53 9. Horseback riding or any other equestrian activity;
54 10. Rock climbing, rappelling, or any other mountaineering
55 activity;
56 11. Nature photography, bird watching, astronomy, or any
57 other outdoor viewing activity; and
58 12. Picnicking, mushroom hunting, berry picking, metal
59 detecting, fossil hunting, or any other outdoor recreational,
60 training, scientific, or athletic activity;
61 (j) A person traveling to or returning from a motor
62 vehicle; a residence, dwelling, apartment, condominium,
63 townhouse, lodge, cabin, motor home, mobile home, recreational
64 vehicle, hotel, motel, or any other place of residence or
65 shelter; or any other place at which a firearm or weapon may be
66 lawfully possessed;
67 Section 2. Subsections (1) and (4) of section 27.53,
68 Florida Statutes, are amended to read:
69 27.53 Appointment of assistants and other staff; method of
70 payment.—
71 (1) The public defender of each judicial circuit is
72 authorized to employ and establish, in such numbers as
73 authorized by the General Appropriations Act, assistant public
74 defenders and other staff and personnel pursuant to s. 29.006,
75 who shall be paid from funds appropriated for that purpose.
76 Notwithstanding the provisions of s. 790.01, s. 790.02, or s.
77 790.25(2)(a), an investigator employed by a public defender,
78 while actually carrying out official duties, is authorized to
79 carry concealed weapons if the investigator complies with s.
80 790.25(3)(q) 790.25(3)(o). However, such investigators are not
81 eligible for membership in the Special Risk Class of the Florida
82 Retirement System. The public defenders of all judicial circuits
83 shall jointly develop a coordinated classification and pay plan
84 which shall be submitted on or before January 1 of each year to
85 the Justice Administrative Commission, the office of the
86 President of the Senate, and the office of the Speaker of the
87 House of Representatives. Such plan shall be developed in
88 accordance with policies and procedures of the Executive Office
89 of the Governor established in s. 216.181. Each assistant public
90 defender appointed by a public defender under this section shall
91 serve at the pleasure of the public defender. Each investigator
92 employed by a public defender shall have full authority to serve
93 any witness subpoena or court order issued, by any court or
94 judge within the judicial circuit served by such public
95 defender, in a criminal case in which such public defender has
96 been appointed to represent the accused.
97 (4) The five criminal conflict and civil regional counsel
98 may employ and establish, in the numbers authorized by the
99 General Appropriations Act, assistant regional counsel and other
100 staff and personnel in each judicial district pursuant to s.
101 29.006, who shall be paid from funds appropriated for that
102 purpose. Notwithstanding s. 790.01, s. 790.02, or s.
103 790.25(2)(a), an investigator employed by an office of criminal
104 conflict and civil regional counsel, while actually carrying out
105 official duties, is authorized to carry concealed weapons if the
106 investigator complies with s. 790.25(3)(q) 790.25(3)(o).
107 However, such investigators are not eligible for membership in
108 the Special Risk Class of the Florida Retirement System. The
109 five regional counsel shall jointly develop recommended
110 modifications to the classification plan and the salary and
111 benefits plan for the Justice Administrative Commission. The
112 recommendations shall be submitted to the commission, the office
113 of the President of the Senate, and the office of the Speaker of
114 the House of Representatives by September 15, 2007, for the
115 regional offices’ initial establishment and before January 1 of
116 each year thereafter. Such recommendations shall be developed in
117 accordance with policies and procedures of the Executive Office
118 of the Governor established in s. 216.181. Each assistant
119 regional counsel appointed by the regional counsel under this
120 section shall serve at the pleasure of the regional counsel.
121 Each investigator employed by the regional counsel shall have
122 full authority to serve any witness subpoena or court order
123 issued by any court or judge in a criminal case in which the
124 regional counsel has been appointed to represent the accused.
125 Section 3. This act shall take effect July 1, 2018.