Florida Senate - 2018 SB 120 By Senator Steube 23-00018-18 2018120__ 1 A bill to be entitled 2 An act relating to firearms; creating s. 768.38, F.S.; 3 providing legislative intent; requiring a business, 4 organization, or entity that prohibits a concealed 5 weapon or firearm licensee from carrying a weapon or 6 firearm onto its property to assume certain 7 responsibility for the safety and defense of such 8 licensee; providing that the responsibility of such 9 business, organization, or entity extends to the 10 conduct of certain people and animals; providing a 11 cause of action for a concealed weapon or firearm 12 licensee who incurs injury, death, damage, or loss as 13 the result of certain acts or attacks occurring on the 14 property of such business, organization, or entity or 15 on other specified properties; authorizing a licensee 16 to recover attorney fees and specified costs; 17 specifying a statute of limitations for bringing such 18 action; requiring a business, organization, or entity 19 with such prohibition to clearly display specified 20 information; specifying requirements that a plaintiff 21 must prove to prevail in a cause of action; providing 22 an effective date. 23 24 Be It Enacted by the Legislature of the State of Florida: 25 26 Section 1. Section 768.38, Florida Statutes, is created to 27 read: 28 768.38 Responsibility of property owner.— 29 (1) The Legislature intends to find a balance between the 30 right of a concealed weapon or firearm licensee to carry a 31 concealed weapon or firearm in order to exercise the right of 32 self-defense and the right of a property owner or entity in 33 charge of a property to exercise control over such property. 34 (2) A business, organization, or entity, including, but not 35 limited to, a private business or a not-for-profit entity, which 36 prohibits a concealed weapon or firearm licensee from carrying a 37 weapon or firearm onto the property of such business, 38 organization, or entity assumes absolute custodial 39 responsibility, when the licensee is prevented from carrying a 40 weapon or firearm due to the prohibition, for the safety and 41 defense of the licensee against any unlawful or reckless act by 42 another person, or any attack by a vicious or wild animal, on 43 the owner’s property or on any property that the licensee is 44 required to traverse in order to travel to and from the location 45 where the licensee’s weapon or firearm is stored. 46 (3) The responsibility of the business, organization, or 47 entity for the safety and defense of a licensee under this 48 section extends to the conduct of other members of the public; 49 trespassers; employees of the business, organization, or entity; 50 vicious animals; and wild animals. 51 (4)(a) A concealed weapon or firearm licensee who suffers 52 bodily injury or death, incurs economic loss or expense, or 53 incurs property damage or any other compensable loss as the 54 result of an unlawful or reckless act by another person, or an 55 attack by a vicious or wild animal, occurring on the property of 56 such business, organization, or entity, or on any property that 57 the licensee is required to traverse in order to travel to and 58 from the location where the licensee’s weapon or firearm is 59 stored, while the licensee is prevented from carrying a weapon 60 or firearm due to a prohibition by the business, organization, 61 or entity has a cause of action against the business, 62 organization, or entity. In addition to damages, the licensee is 63 entitled to reasonable attorney fees, court costs, expert 64 witness costs, and other costs necessary to bring the cause of 65 action. 66 (b) The statute of limitations for an action brought 67 pursuant to this section is 2 years after the date of the 68 occurrence giving rise to the injury, death, damage, or loss. 69 (5) A business, organization, or entity that prohibits a 70 concealed weapon or firearm licensee from carrying a weapon or 71 firearm on its property must clearly display, along with any 72 image or language of prohibition, notice that the licensee is 73 under the custodial responsibility of the business, 74 organization, or entity. 75 (6) To prevail in an action brought under this section, the 76 plaintiff must show by a preponderance of the evidence all of 77 the following: 78 (a) The plaintiff had a license to carry a concealed weapon 79 or firearm under s. 790.06 or met the requirements of s. 790.015 80 at the time of the incident giving rise to the action. 81 (b) The business, organization, or entity prohibited the 82 plaintiff from carrying a concealed weapon or firearm on the 83 property of the business, organization, or entity. 84 (c) The business, organization, or entity was not required 85 to prohibit the carrying of a concealed weapon or firearm on its 86 property pursuant to state or federal law. 87 (d) The plaintiff suffered bodily injury or death, incurred 88 economic loss or expense, or incurred property damage or any 89 other compensable loss as the result of an unlawful or reckless 90 act by another person, or an attack by a vicious or wild animal, 91 which occurred on the property of such business, organization, 92 or entity, or on any property that the licensee was required to 93 traverse in order to travel to and from the location where the 94 licensee’s weapon or firearm was stored, while the licensee was 95 prevented from carrying a weapon or firearm due to the 96 prohibition by the business, organization, or entity. 97 (e) Such injury, death, loss, expense, or damage resulted 98 directly or indirectly from an unlawful or reckless act by 99 another person, or from an attack by a vicious or wild animal, 100 which could reasonably have been prevented but for the 101 prohibition by the business, organization, or entity. 102 Section 2. This act shall take effect July 1, 2018.