Florida Senate - 2023 SB 456 By Senator Berman 26-01268-23 2023456__ Page 1 of 4 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to the possession or use of a firearm 2 in a sensitive location; creating s. 790.075, F.S.; 3 defining the term “sensitive location”; prohibiting 4 the possession or use of a firearm in a sensitive 5 location; providing criminal penalties; providing 6 exceptions; providing an effective date. 7 8 Be It Enacted by the Legislature of the State of Florida: 9 10

Section

Section 790.075, Florida Statutes, is created to 11 read: 12 790.075 Possession or use of firearm in sensitive 13 location.— 14

(1) As used in this section, the term “sensitive location” 15 means any of the following: 16 (

a) Any part of a health care facility licensed by the 17 state, including a hospital, nursing home or other similar 18 residential facility, or provider of services for the care, 19 support, or treatment of individuals. 20 (

b) Any part of a building owned, leased, or operated by a 21 governmental entity, including a polling place, courthouse, or 22 law enforcement facility. 23 (

c) Any park, recreational facility or area, or playground 24 owned or controlled by a state, county, municipality, or other 25 governmental entity. 26 (

d) Any place of worship or religious observation. 27 (

e) Any public library, public playground, public park, or 28 public zoo. 29 Florida Senate - 2023 SB 456 26-01268-23 2023456__ Page 2 of 4 CODING: Words stricken are deletions; words underlined are additions. (

f) The location of any program licensed, regulated, 30 certified, operated, or funded by a governmental entity that 31 provides services to children, youth, or young adults; any 32 legally exempt child care provider; or any child care program 33 for which a permit to operate such program has been issued. 34 (

g) Any place owned or controlled by federal, state, or 35 local government for the purpose of government administration, 36 including any court. 37 (

h) Any place that provides health, behavioral health, or 38 chemical dependence care or services. 39 (

i) Any nursery school, preschool, or summer camp. 40 (

j) The location of any program licensed, regulated, 41 certified, operated, or funded by a governmental entity that 42 provides developmental disability services. 43 (

k) The location of any program licensed, regulated, 44 certified, operated, or funded by a governmental entity that 45 provides mental health services. 46 (

l) The location of any program licensed, regulated, 47 certified, operated, or funded by a governmental entity that 48 provides disability services. 49 (

m) Any homeless shelter, runaway youth shelter, family 50 shelter, adult shelter, domestic violence shelter, or emergency 51 shelter, and the location of any residential program for victims 52 of domestic violence in or upon any building or grounds owned or 53 leased by any governmental entity. 54 (

n) Any educational institution, college or university, 55 licensed private career school, school district, public school, 56 private school, or charter school. 57 (

o) Any place, conveyance, or vehicle used for public 58 Florida Senate - 2023 SB 456 26-01268-23 2023456__ Page 3 of 4 CODING: Words stricken are deletions; words underlined are additions. transportation or public transit, including train cars, buses, 59 ferries, railroads, or marine or aviation transportation, or any 60 facility used for or in connection with service in the 61 transportation of passengers, including airports, train 62 stations, subway and rail stations, and bus terminals. 63 (

p) Any bar, restaurant where alcohol is served, or other 64 site or facility where alcohol is sold for consumption on the 65 premises. 66 (

q) Any site or facility where cannabis is sold for 67 consumption on the premises. 68 (

r) Any place used for performance, art, entertainment, 69 gaming, or sporting events, including theaters, stadiums, 70 racetracks, museums, amusement parks, performance venues, 71 concerts, exhibits, conference centers, banquet halls, or gaming 72 facilities. 73

(2) Any other law notwithstanding, a person may not possess 74 a firearm in a sensitive location. 75 (

a) Except as provided in paragraph (b), a person who 76 violates this subsection commits a felony of the third degree, 77 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 78 (

b) A person who discharges a firearm while violating this 79 subsection commits a felony of the second degree, punishable as 80 provided in s. 775.082, s. 775.083, or s. 775.084. 81

(3) This

section does not apply to: 82 (

a) A law enforcement officer who qualifies to carry a 83 firearm under the federal Law Enforcement Officers Safety Act of 84 2004, 18 U.S.C. s. 926C. 85 (

b) A law enforcement officer, as defined in s. 943.10(1), 86 or a retired law enforcement officer. 87 Florida Senate - 2023 SB 456 26-01268-23 2023456__ Page 4 of 4 CODING: Words stricken are deletions; words underlined are additions. (

c) An employee of a security agency licensed under

part 88 III of

chapter 493 whose license authorizes him or her to carry 89 a firearm while at the location of his or her employment during 90 work hours. 91 (

d) A member of the United States Armed Forces on active 92 duty. 93 (

e) A government employee under the express written consent 94 of such employee’s supervising governmental entity for the 95 purposes of natural resource protection and management. 96 (

f) A person operating a program in a sensitive location, 97 other than his or her residence, that is licensed, regulated, 98 certified, operated, or funded by a governmental entity, so long 99 as such possession is in compliance with any rules or 100 regulations applicable to the operation of such program and the 101 use or storage of a firearm. 102

Section 2. This act shall take effect October 1, 2023. 103