Florida Senate - 2023                                     SB 456
       
       
        
       By Senator Berman
       
       
       
       
       
       26-01268-23                                            2023456__
    1                        A bill to be entitled                      
    2         An act relating to the possession or use of a firearm
    3         in a sensitive location; creating s. 790.075, F.S.;
    4         defining the term “sensitive location”; prohibiting
    5         the possession or use of a firearm in a sensitive
    6         location; providing criminal penalties; providing
    7         exceptions; providing an effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Section 790.075, Florida Statutes, is created to
   12  read:
   13         790.075Possession or use of firearm in sensitive
   14  location.—
   15         (1)As used in this section, the term “sensitive location”
   16  means any of the following:
   17         (a)Any part of a health care facility licensed by the
   18  state, including a hospital, nursing home or other similar
   19  residential facility, or provider of services for the care,
   20  support, or treatment of individuals.
   21         (b)Any part of a building owned, leased, or operated by a
   22  governmental entity, including a polling place, courthouse, or
   23  law enforcement facility.
   24         (c)Any park, recreational facility or area, or playground
   25  owned or controlled by a state, county, municipality, or other
   26  governmental entity.
   27         (d)Any place of worship or religious observation.
   28         (e)Any public library, public playground, public park, or
   29  public zoo.
   30         (f)The location of any program licensed, regulated,
   31  certified, operated, or funded by a governmental entity that
   32  provides services to children, youth, or young adults; any
   33  legally exempt child care provider; or any child care program
   34  for which a permit to operate such program has been issued.
   35         (g)Any place owned or controlled by federal, state, or
   36  local government for the purpose of government administration,
   37  including any court.
   38         (h)Any place that provides health, behavioral health, or
   39  chemical dependence care or services.
   40         (i)Any nursery school, preschool, or summer camp.
   41         (j)The location of any program licensed, regulated,
   42  certified, operated, or funded by a governmental entity that
   43  provides developmental disability services.
   44         (k)The location of any program licensed, regulated,
   45  certified, operated, or funded by a governmental entity that
   46  provides mental health services.
   47         (l)The location of any program licensed, regulated,
   48  certified, operated, or funded by a governmental entity that
   49  provides disability services.
   50         (m)Any homeless shelter, runaway youth shelter, family
   51  shelter, adult shelter, domestic violence shelter, or emergency
   52  shelter, and the location of any residential program for victims
   53  of domestic violence in or upon any building or grounds owned or
   54  leased by any governmental entity.
   55         (n)Any educational institution, college or university,
   56  licensed private career school, school district, public school,
   57  private school, or charter school.
   58         (o)Any place, conveyance, or vehicle used for public
   59  transportation or public transit, including train cars, buses,
   60  ferries, railroads, or marine or aviation transportation, or any
   61  facility used for or in connection with service in the
   62  transportation of passengers, including airports, train
   63  stations, subway and rail stations, and bus terminals.
   64         (p)Any bar, restaurant where alcohol is served, or other
   65  site or facility where alcohol is sold for consumption on the
   66  premises.
   67         (q)Any site or facility where cannabis is sold for
   68  consumption on the premises.
   69         (r)Any place used for performance, art, entertainment,
   70  gaming, or sporting events, including theaters, stadiums,
   71  racetracks, museums, amusement parks, performance venues,
   72  concerts, exhibits, conference centers, banquet halls, or gaming
   73  facilities.
   74         (2)Any other law notwithstanding, a person may not possess
   75  a firearm in a sensitive location.
   76         (a)Except as provided in paragraph (b), a person who
   77  violates this subsection commits a felony of the third degree,
   78  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   79         (b)A person who discharges a firearm while violating this
   80  subsection commits a felony of the second degree, punishable as
   81  provided in s. 775.082, s. 775.083, or s. 775.084.
   82         (3)This section does not apply to:
   83         (a)A law enforcement officer who qualifies to carry a
   84  firearm under the federal Law Enforcement Officers Safety Act of
   85  2004, 18 U.S.C. s. 926C.
   86         (b)A law enforcement officer, as defined in s. 943.10(1),
   87  or a retired law enforcement officer.
   88         (c)An employee of a security agency licensed under part
   89  III of chapter 493 whose license authorizes him or her to carry
   90  a firearm while at the location of his or her employment during
   91  work hours.
   92         (d)A member of the United States Armed Forces on active
   93  duty.
   94         (e)A government employee under the express written consent
   95  of such employee’s supervising governmental entity for the
   96  purposes of natural resource protection and management.
   97         (f)A person operating a program in a sensitive location,
   98  other than his or her residence, that is licensed, regulated,
   99  certified, operated, or funded by a governmental entity, so long
  100  as such possession is in compliance with any rules or
  101  regulations applicable to the operation of such program and the
  102  use or storage of a firearm.
  103         Section 2. This act shall take effect October 1, 2023.