Title: Carrying of Weapons and Firearms

Summary: Provides specified provisions relating to carrying of weapons & firearms do not apply to persons engaged in, traveling to, or returning from certain outdoor activities or traveling to or returning from certain motor vehicles, residences, shelters, & other places.

Full Text:
WHEREAS, law-abiding citizens have the constitutional right of self-protection and the constitutional right to keep and bears arms for lawful purposes, and WHEREAS, citizens have the right to protect themselves, their fa milies, and others when engaged in outdoor activities, and WHEREAS, citizens engaged in outdoor activities risk danger from the presence of bears, boars, alligators, panthers, snakes, and other wildlife predators as well as human predators, NOW, THEREFORE,Be It Enacted by the Legislature of the State of Florida: Section 1. Paragraphs (i) through (p) of subsection (3) of HB 2018 section 790.25, Florida Statutes, are redesignated as paragraphs (k) through (r), respectively, and new paragraphs (i) and (j) are added to that subsection to read: 790.25 Lawful ownership, possession, and use of firearms and other weapons.-(3) LAWFUL USES.-The provisions of ss. 790.053 and 790.06 do not apply in the following instances, and, despite such sections, it is lawful for the following persons to own, possess, and lawfully use firearms and other weapons, ammunition, and supplies for lawful purposes: (i) A person engaged in, traveling to, or returning from a lawful outdoor expedition or activity, including, but not limited to: 1. Crabbing, gigging, cast netting, lobstering, or any other fishing activity; 2. Hiking, trekking, backpacking, cross-country running, geocaching, or any other orienteering activity; 3. Trapping, falconry, or any other hunting activity; 4. Bicycling, mountain biking, trail riding, or any other cycling activity; 5. All-terrain vehicle, dirt bike, four-wheeler, or any other off-road vehicle riding activity; 6. Boating, canoeing, kayaking, rafting, or any other maritime activity; 7. Dog walking, animal training, mushing, or any other HB 2018 outdoor animal exercising activity; 8. Speleology, spelunking, or any other caving activity; 9. Horseback riding or any other equestrian activity; 10. Rock climbing, rappelling, or any other mountaineering activity; 11. Nature photography, bird watching, astronomy, or any other outdoor viewing activity; and 12. Picnicking, mushroom hunting, berry picking, metal detecting, fossil hunting, or any other outdoor recreational, training, scienti fic, or athletic activity; (j) A person traveling to or returning from a motor vehicle; a residence, dwelling, apartment, condominium, townhouse, lodge, cabin, motor home, mobile home, recreational vehicle, hotel, motel, or any other place of residence or shelter; or any other place at which a firearm or weapon may be lawfully possessed; Section 2. Subsections (1) and (4) of section 27.53, Florida Statutes, are amended to read: 27.53 Appointment of assistants and other staff; method of payment.-(1) The public defender of each judicial circuit is authorized to employ and establish, in such numbers as authorized by the General Appropriations Act, assistant public defenders and other staff and personnel pursuant to s. 29.006, who shall be paid from funds appropriated for that purpose. HB 2018 Notwithstanding the provisions of s. 790.01, s. 790.02, or s. 790.25(2)(a), an investigator employed by a public defender, while actually carrying out official duties, is authorized to carry concealed weapons if the inve stigator complies with s. 790.25(3)(q) 790.25(3)(o).However, such investigators are not eligible for membership in the Special Risk Class of the Florida Retirement System. The public defenders of all judicial circuits shall jointly develop a coordinated classification and pay plan which shall be submitted on or before January of each year to the Justice Administrative Commission, the office of the President of the Senate, and the office of the Speaker of the House of Representatives. Such plan shall be developed in accordance with policies and procedures of the Executive Office of the Governor established in s. 216.181. Each assistant public defender appointed by a public defender under this section shall serve at the pleasure of the public defender. Each investigator employed by a public defender shall have full authority to serve any witness subpoena or court order issued, by any court or judge within the judicial circuit served by such public defender, in a criminal case in which such public defender ha sbeen appointed to represent the accused. (4) The five criminal conflict and civil regional counsel may employ and establish, in the numbers authorized by the General Appropriations Act, assistant regional counsel and other staff and personnel in each judicial district pursuant to s. HB 2018 29.006, who shall be paid from funds appropriated for that purpose. Notwithstanding s. 790.01, s. 790.02, or s. 790.25(2)(a), an investigator employed by an office of criminal conflict and civil regional counsel, while actua lly carrying out official duties, is authorized to carry concealed weapons if the investigator complies with s. 790.25(3)(q) 790.25(3)(o).However, such investigators are not eligible for membership in the Special Risk Class of the Florida Retirement Syste m. The five regional counsel shall jointly develop recommended modifications to the classification plan and the salary and benefits plan for the Justice Administrative Commission. The recommendations shall be submitted to the commission, the office of the President of the Senate, and the office of the Speaker of the House of Representatives by September 15, 2007, for the regional offices' initial establishment and before January of each year thereafter. Such recommendations shall be developed in accordanc ewith policies and procedures of the Executive Office of the Governor established in s. 216.181. Each assistant regional counsel appointed by the regional counsel under this section shall serve at the pleasure of the regional counsel. Each investigator em ployed by the regional counsel shall have full authority to serve any witness subpoena or court order issued by any court or judge in a criminal case in which the regional counsel has been appointed to represent the accused. Section 3. This act shall take effect July 1, 2018.