Florida Guns At Work Law

The Florida "Guns at Work Law", otherwise entitled Florida's Preservation and Protection of the Right to Keep and Bear Arms in Motor Vehicles Act of 2008, goes into effect July 1, 2008. The Act provides that no public or private entity conducting business in Florida may prohibit any customer, employee, or other invitee from keeping a legally owned firearm inside or locked in a motor vehicle in a parking lot.
 
The Florida Attorney General is authorized by the Law to seek civil or administrative action, along with damages and civil penalties of up to $10,000 per violation to enforce the rights of any person inconvenienced by the violation of the Guns at Work Law.

Prohibitions:

Under the law, employers are prohibited from:

• Questioning employees, customers, or invitees about firearm possession (inside or locked in a vehicle within employer parking lot)
• Searching a vehicle to determine the presence of a firearm
• Refusing to allow any employee, customer, or invitee to enter a parking lot because of the presence of a firearm in the person's motor vehicle
• Conditioning employment on employee's possession (or lack thereof) of a license to carry a concealed firearm
• Terminating employment or otherwise discriminating against an employee, or banning a customer or invitee, for possessing a firearm, so long as the firearm is not on company property for other than lawful purposes.

Exceptions:

The following facilities are exempt from the provisions:

• Schools
• Correctional institutions
• Nuclear-powered electricity generation facilities
• Properties where substantial activities are conducted involving national defense, aerospace or homeland security
• Properties where the primary business involves combustible or explosive materials
• Property on which the possession of a firearm is prohibited under any federal or Florida law

Employer Responsibilities:

Florida employers may want to consider the following actions to ensure compliance with the Guns at Work Law:

• Review company policies regarding firearms on company property and update as necessary. Exclude a bar against keeping legally owned firearms locked in personal vehicles owned by those with a valid concealed-weapons permit in parking areas by persons with valid concealed-weapons permits
• Review and, if needed, update safety and security measures to deal with the increased danger associated with the presence of guns on company property
• Provide training on Florida's Guns at Work Law to all Human Resources and security personnel