**REPORT on Rounds 25, 28, & 29** Government and Privacy Violations and Concealed Weapons Reform in Florida
ALL THREE PRIORITY BILLS PASSED IN THE SENATE TWO ON THE WAY TO GOVERNOR
DATE: April 29, 2011 TO: USF & NRA Member and Friends FROM: Marion P. Hammer USF Executive Director NRA Past President
REPORT on ROUND 25 - SB 402 Stop Local Governments from Violating Gun Rights
Senate Bill 402, introduced by state Senator Joe Negron (R-28),was heard on the state Senate Floor on Wednesday, April 27 and the identical House Bill, House Bill 45, introduced by state Representative Matt Gaetz (R-4), which already passed the state House, was substituted -- effectively creating one bill, HB 45. Yesterday, HB 45 came up on the state Senate Floor for debate and final passage and PASSED the Senate by a 30 to 8 vote and is now on its way to Governor Rick Scott for his signature.
HB 45 would simply provide penalties for government officials, local governments and agencies that willfully and knowingly violate the state firearms preemption law. State law prohibits local governments and government agencies from adopting any gun control ordinances or regulations. There are some who are arrogantly violating the law because there are no penalties currently in the law.
REPORT on ROUND 28 - Restore Rights to Concealed Firearms License Holders
Includes: ** Concealed Weapons & Firearms License Holders Open-Carry Protection ** Concealed Weapons & Firearms License Holders Guns-In-Vehicles Rights ** Purchase of Long Guns in other states
Senate Bill 234, introduced by Senator Greg Evers (R-2),was heard on the state Senate Floor on Wednesday, April 27 and amended to tighten the open carry protection language. Yesterday, SB 234 came up on the Senate Floor for debate and final passage and PASSED the Senate by a 26 to 11 vote and is now on its way to the Florida House where it must go to the floor of the full House.
SB 234 would make two changes to the “Right-to-Carry” law -- also known as the Concealed Weapons Licensing law and it would also conform Florida’s firearms purchase law with federal law.
The bill basically does three (3) following things: 1. Provides that concealed weapons license holders may NOT be arrested because a firearm being carried concealed accidentally or inadvertently became visible to another person. 2. Provides that concealed weapons license holders may store a firearm in private vehicle anywhere the vehicle is lawfully parked except those places that are exempted under s. 790.251(7) -- the parking lot law. 3. Removes the obsolete firearms purchase in contiguous state law previously required by federal law for out of state purchases of long guns and replaces it with language to conform to current federal requirements that allows purchase of long guns in other states.
REPORT on ROUND 29 - STOP Doctors Violating Patients Gun Privacy Rights
Senate Bill 432, introduced by state Senator Greg Evers (R-2), was heard on the state Senate Floor on Wednesday, April 27 and the identical House Bill, House Bill 155, sponsored by state Representative Jason Brodeur (R-33), which already passed the state House, was substituted -- effectively creating one bill, HB 155. Yesterdy, HB 155 came up on the state Senate Floor for debate and final passage. The bill PASSED the Senate by a 27 to 10 vote and is now on its way to Governor Rick Scott for his signature.
HB 155is a bill to stop antigun doctors asking children and parents if they own guns and then telling them to get rid of their guns. Further it stops Doctors from denying care to children if their parents refuse to answer questions about gun ownership.
A report of the roll call votes on all three bills and who debated FOR and AGAINST the bills will come later. We are continuing to work to pass the Concealed Weapons reform bill.
In the meantime, you may wish to thank: State Senator Greg Evers and state Representative Jason Brodeur for sponsoring and passing SB 432 and HB 155 to stop pediatricians from violating patients firearms privacy rights. evers.greg.web@flsenate.gov jason.brodeur@myfloridahouse.gov
State Senator Joe Negron and state Representative Matt Gaetz for sponsoring and passing SB 402 and HB 45 to provide penalties for local governments for violation of the preemption law. negron.joe.web@flsenate.gov matt.gaetz@myfloridahouse.gov And Senator Greg Evers for sponsoring SB 234 Concealed Weapons reform in the Senate. evers.greg.web@flsenate.gov
Florida Bills to Watch
HB79 by Porth (CO-SPONSORS) Berman; Julien Use of Wireless Communications Devices While Driving: Creates "Florida Ban on Texting While Driving Law"; prohibits operation of motor vehicle while using wireless communications device; provides for enforcement as secondary action; provides for assessment of points against driver's license for unlawful use of wireless communications device resulting in crash. Last Event: Filed on Thursday, December 16, 2010 10:38 AM Effective Date: October 1, 2011 House Listing Related Bills SB158 by Detert Use of Wireless Communications Devices/Driving: Creates the "Florida Ban on Texting While Driving Law." Provides legislative intent. Prohibits the operation of a motor vehicle while using a wireless communications device for certain purposes. Specifies information that is admissible as evidence of a violation. Provides for enforcement as a secondary action. Provides for points to be assessed against a driver's license for the unlawful use of a wireless communications device resulting in a crash, etc. Last Event: 12/16/10 S Referred to Transportation; Communications, Energy, and Public Utilities; Budget on Thursday, December 16, 2010 9:42 AM Effective Date: 10/01/2011 S80 GENERAL BILL by Lynn State Uniform Traffic Control; Prohibits the use of electronic communication devices to send or receive text-based communications while operating a motor vehicle. Provides exceptions. Provides a penalty. EFFECTIVE DATE: July 1, 2011
S244 by Bennett Motor Vehicles/Highway Safety Act; Provides legislative intent relating to road rage and aggressive careless driving. Requires an operator of a motor vehicle to yield the left lane when being overtaken on a multilane highway. Specifies the allocation of moneys received from the increased fine imposed for aggressive careless driving. Requires the HSMV to provide information about the Highway Safety Act in driver's license educational materials, etc. EFFECTIVE DATE: July 1, 2011
HB37 GENERAL BILL by Rogers Transportation Funding: Increases percentage of state revenues deposited into State Transportation Trust Fund to be committed by DOT for public transportation projects; directs portion of those revenues to be used for public transit pursuant to specified provisions Last Event: Filed on Thursday, December 02, 2010 11:56 AM Effective Date: July 1, 2011 House Listing
S368 by Fasano. Similar H 0123 - Driver’s License Fees for Disabled Veterans; Provides that disabled veterans who meet certain qualifications are entitled to a specified reduction in driver’s license fees. Reorganizes provisions. EFFECTIVE DATE: July 1, 2011
Senate 0118: Bicycle Safety by Bullard Bicycle Safety; Revises safety standard requirements for bicycle helmets that must be worn by certain riders and passengers. Provides for enforcement of requirements for bicycle lighting equipment. Provides penalties for violations. Provides for dismissal of the charge following a first offense under certain circumstances. EFFECTIVE DATE: October 1, 2011
S300 by Bennett Similar H 0113 Term Limits; Proposes amendments to the State Constitution to revise the term limits that apply to State Senators and State Representatives and to impose term limits on elected county and municipal officers.
S136 by Bennett; Lynn; Gaetz Enforcement of Immigration Laws; Prohibits the state or its political subdivisions from limiting or restricting the enforcement of immigration laws. Requires a law enforcement officer to request citizenship information under certain circumstances. Authorizes a law enforcement agency to transport an alien to a federal facility. Authorizes citizens to sue the state or a political subdivision of the state if the state or political subdivision is restricting the enforcement of federal immigration laws, etc. EFFECTIVE DATE: October 1, 2011
HJR51 JOINT RESOLUTION by Porth Last Event: Filed on Tuesday, December 07, 2010 2:44 PM Effective Date: Not Specified Voting Rights of Felons: Proposes amendment to s. 4, Art. VI of State Constitution to disqualify person who is convicted of felony from voting only until completion of all sentences imposed & expiration or completion of all conditions of supervision, if any.
HB45 by Gaetz (CO-SPONSORS) Ahern; Corcoran; Kreegel; Nehr; O'Toole; Smith Last Event: Filed on Tuesday, December 07, 2010 7:41 AM Effective Date: upon becoming a law Regulation of Firearms and Ammunition: Prohibits specified persons & entities, when acting in official capacity, from knowingly & willfully regulating or attempting to regulate firearms or ammunition in any manner except as specifically authorized by s. 790.033, F.S., or other general law; provides penalty; eliminates authority of counties to adopt ordinance requiring waiting period between purchase & delivery of handgun; provides that no public funds shall be used to defend unlawful conduct of any person charged with violation of section; provides fines for governmental entities in whose service or employ provisions of section are knowingly & willfully violated; provides for investigation of complaints of criminal violations & prosecution of violators by state attorney; provides exceptions to prohibitions; provides conditional effective date. S234 by Evers Firearms; Provides that a person in compliance with the terms of a concealed carry license may carry openly notwithstanding specified provisions. Allows the Division of Licensing of the Department of Agriculture and Consumer Services to take fingerprints from concealed carry license applicants. Limits a prohibition on carrying a concealed weapon or firearm into an elementary or secondary school facility, career center, or college or university facility to include only a public elementary or secondary school facility or administration building, etc. EFFECTIVE DATE: July 1, 2011
HB63 by Crisafulli (CO-SPONSORS) Horner Last Event: Filed on Friday, December 10, 2010 12:19 PM Effective Date: October 1, 2011 Handbill Distribution: Designates act "Tourist Safety Act of 2011"; provides additional penalties for offense of unlawfully distributing handbills in public lodging establishment; specifies that certain items used in committing such offense are subject to seizure & forfeiture under Florida Contraband Forfeiture Act; authorizes law enforcement officer to arrest person without warrant when there is probable cause to believe person unlawfully distributed handbills in public lodging establishment & owner or manager of establishment signs affidavit containing certain information; provides that act does not affect or impede provisions of specified state statute or any protection or right guaranteed by Second Amendment to U.S. Constitution
HB93 by Steube Last Event: Filed on Monday, December 20, 2010 10:35 AM Security Cameras: Reenacts provisions relating to prohibited standards for security cameras; provides for retroactive operation of act; provides exception under specified circumstances Effective Date: upon becoming a law, and shall operate retroactively to June 1, 2009. If such retroactive application is held by a court of last resort to be unconstitutional, this act shall apply prospectively from the date that this act becomes a law Related (identical) Bill SB171
S320 by Siplin Merry Christmas; Recognizes "Merry Christmas" as the State of Florida's official greeting for December 25.
Other Bills of Interest To Watch
2011 HEALTH and INSURANCE BILLS
Joint Resolution 1 by Plakon (CO-SPONSORS) Adkins; Ahern; Brodeur; Caldwell; Corcoran; Costello; Crisafulli; Davis; Dorworth; Ford; Gaetz; Hager; Hooper; Horner; Hudson; Kreegel; Nehr; Patronis; Pilon; Ray; Smith; Tobia; Williams, T.; Wood; Workman Health Care Services: Proposes creation of s. 28, Art. I of State Constitution to prohibit laws or rules from compelling any person, employer, or health care provider to participate in any health care system, permit person or employer to purchase lawful health care services directly from health care provider, permit health care provider to accept direct payment from person or employer for lawful health care services, exempt persons, employers, & health care providers from penalties & fines for paying or accepting direct payment for lawful health care services, & permit purchase or sale of health insurance in private health care systems; specifies what amendment does not affect or prohibit. Last Event: Filed on Tuesday, November 16, 2010 11:58 AM Effective Date: Not Specified
Senate 0002: Relating to Health Care Services - S2 JOINT RESOLUTION by Haridopolos; Lynn; Wise; Gaetz; Dean; Benacquisto; Hays; Fasano; Bennett; Diaz de la Portilla; Oelrich; Negron; Storms; Evers; Flores; Simmons; Jones; Gardiner; Garcia; Alexander; Latvala; Altman; Thrasher; Detert; Norman; Richter; Dockery; Bogdanoff (Identical H 0001) Health Care Services; Proposes an amendment to the State Constitution to prohibit laws or rules from compelling any person, employer, or health care provider to participate in any health care system. Permits a person or an employer to purchase lawful health care services directly from a health care provider. Permits a health care provider to accept direct payment from a person or an employer for lawful health care services, etc.
HB5 by Gibbons Filed on Tuesday, November 16, 2010 12:04 PM Effective Date: July 1, 2011 Health Insurance: Requires individual accident or health insurance policies, group, blanket, or franchise accident or health insurance policies, & health maintenance contracts to provide specified coverage for orthoses, prostheses, orthotics, & prosthetics benefits; specifies deductible & copayment requirements; authorizes insurers & HMO's to specify benefits limitations; provides for nonapplication to specified policy & contract coverages. HB97 by Gaetz (CO-SPONSORS) Ahern; Corcoran; Drake; Horner Last Event: Filed on Tuesday, December 21, 2010 7:58 AM Effective Date: July 1, 2011 Health Insurance: Prohibits use of state or federal funds to provide coverage for abortions in exchange created pursuant to federal law; specifies conditions under which health insurance policy, group health insurance policy, or health maintenance contract is deemed to be purchased with state or federal funds.
Education Bills 2011
HB7 by Chestnut Last Event: Filed on Tuesday, November 16, 2010 12:40 PM Effective Date: July 1, 2011 Florida College System Institution Student Fees: Authorizes Florida College System institution boards of trustees to establish transportation access fee; limits amount of fee; provides timeframe for fee increase & implementation of increase; prohibits inclusion of fee in calculating amount student receives under Florida Bright Futures Scholarship Program awards.
HB27 by Jenne Last Event: Filed on Monday, November 22, 2010 10:52 AM Effective Date: July 1, 2011 Educational Plant Surveys: Authorizes extension to school district educational plant survey submission deadline; provides restrictions; provides requirements for submission of request for extension to DOE & requires department approval; provides restrictions on school district construction during extension period.
HB33 by Clarke-Reed Last Event: Filed on Tuesday, November 30, 2010 10:21 AM Effective Date: October 1, 2011 Allocation and Expenditure of State Lottery Revenues: Requires portion of Powerball net revenues to be allocated to voluntary prekindergarten education programs; provides for use of funds.
HB61 by Rogers Last Event: Filed on Thursday, December 09, 2010 3:15 PM Effective Date: July 1, 2011 Code of Student Conduct: Requires each district school board code of student conduct to include explanation of student responsibilities with regard to appropriate student dress; requires each district school board to adopt dress code policy that prohibits student from wearing clothing that exposes underwear or body parts in specified manner; provides disciplinary actions for violation of dress code; requires adherence to code of student conduct for participation in extracurricular activities.
HB53 CLAIMS/LOCAL BILL by Nehr Last Event: Filed on Wednesday, December 08, 2010 11:04 AM Effective Date: upon becoming a law Relief/Kamel & Dimitri/Palm Beach Co. School Board: Provides for relief of Ashraf Kamel & Marguerite Dimitri by Palm Beach County School Board; provides for appropriation to compensate them for wrongful death of their minor child, Jean A. Pierre Kamel, as result of negligence of school board; provides limitation on payment of fees & costs.
HB69 by Bullard Last Event: Filed on Tuesday, December 14, 2010 7:48 AM Effective Date: July 1, 2011 Student Assessment in the Public Schools: Terminates administration of FCAT to students in grades 9 through 12; requires PSAT/NMSQT or ACT's EXPLORE & PLAN tests to replace grade 10 FCAT for purposes of measuring student's knowledge & skills; requires students to take PSAT/NMSQT in grade 10 or ACT's EXPLORE & PLAN tests in grades 9 & 10, respectively, & earn passing scores to qualify for standard high school diploma; requires State Board of Education to designate passing scores; requires use of student performance on tests for school grading purposes; provides for application beginning with students entering grade 9 in 2012-2013 school year.
HB71 by Campbell Last Event: Filed on Wednesday, December 15, 2010 10:24 AM Effective Date: July 1, 2011 Student Assessment in the Public Schools: Provides that FCAT shall be discontinued & shall not be administered to public school students; requires High School Competency Test (HSCT) to replace grade 10 FCAT; requires student to earn passing scores on HSCT to qualify for standard high school diploma; requires State Board of Education to designate passing scores; provides for implementation beginning with 2013-2014 school year.
SB258 by Bullard Last Event: 01/05/11 S Referred to Education Pre-K - 12; Higher Education; Budget on Wednesday, January 05, 2011 10:26 AM Student Assessment in Public Schools: Terminates the administration of the Florida Comprehensive Assessment Test (FCAT) to students in grades 9 through 12. Requires that the Preliminary SAT/National Merit Scholarship Qualifying Test (PSAT/NMSQT) replace the grade 10 FCAT for purposes of measuring a student's knowledge and skills. Requires that students earn passing scores on the PSAT/NMSQT to qualify for a standard high school diploma. Provides for application beginning with students entering grade 9 in the 2012-2013 school year, etc. Effective Date: 07/01/2011
HB83 by Soto Last Event: Filed on Thursday, December 16, 2010 1:25 PM Effective Date: upon becoming a law Autism: Creates Autism Spectrum Disorder Study Committee to study autism spectrum disorder in families in which English is second language; provides for membership, meetings, & duties; prohibits members from receiving compensation; authorizes certain funding for publications, subject to approval of State Surgeon General; requires report to Governor & Legislature; provides for expiration of committee.
Senate 0108: Relating to Public K-12 Health Education S108 by Ring Public K-12 Health Education; Deletes the requirement that schools teach abstinence from sexual activity outside of marriage as the expected standard for all school-age students as part of instruction in human sexuality. EFFECTIVE DATE: July 1, 2011
H.R.229 To amend title 23, United States Code, to establish national standards for State safety inspections of motor vehicles, and for other purposes. Sponsor: Rep Jackson Lee, Sheila [TX-18] (introduced 1/7/2011) Cosponsors (None) Latest Major Action: 1/7/2011 Referred to House committee. Status: Referred to the House Committee on Transportation and Infrastructure.
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