The Florida legislator recently enacted House Bill 543, which authorized concealed carry of weapons or firearms (with or without a license to carry). The law becomes effective on July 1, 2023. Under the law, employers cannot:

• Condition employment on whether employees are authorized to carry a concealed weapon or firearm;
• Condition employment on any agreement by employees or applicants that prohibits them from keeping a legal firearm locked inside or to a private vehicle in a parking lot for lawful purposes;
• Prohibit or try to prevent employees, customers, or invitees from entering employer parking lots because their private vehicle contains a legal firearm that is being carried for lawful purposes and is out of sight within the vehicle;
• Discharge or otherwise discriminate against employees, eject customers, or eject invitees for exercising their constitutional right to keep and bear arms or for exercising their right to self-defense, as long as they never exhibit a firearm on employer property for any reason other than lawful defensive purposes;
• Violate the privacy rights of employees, customers, or invitees through verbal or written inquiries regarding the presence of a firearm inside or locked to a private vehicle in a parking lot or by searching a private vehicle in a parking lot to determine whether a firearm is in the vehicle;
• Take any action against employees, customers, or invitees based on anyone's verbal or written statements regarding the storage of a firearm inside a private vehicle in a parking lot for lawful purposes.

Coverage

All employers that have employees are covered by the provisions on weapons in employer parking lots. The definition of “employees” now includes people who are authorized to carry a concealed weapon or firearm under Florida statute § 790.01, and work for an employer for a salary, wages, or other remuneration, as an independent contractor, or as a volunteer, intern, or similar type of worker.

Exceptions

The above prohibitions do not apply to:

• Property owned or leased by employers or their landlords if substantial activities involving national defense, aerospace, or homeland security are conducted on the property;
•  Vehicles owned, leased, or rented by employers or their landlords; or
•  Any other property owned or leased by employers or their landlords if the possession of firearms or other legal products by employees, customers, or invitees is prohibited on the property under a federal law, a contract with a federal government entity, or Florida law.

Employer liability and enforcement

• Employers are not liable in lawsuits for the actions they take or do not take in order to comply with the provisions on weapons in employer parking lots.
  • However, this immunity does not apply to lawsuits based on employers’ actions or inactions that are not related to their compliance with this law.
• Right to use deadly force in a motor vehicle: Employees and other people that use deadly force or other conduct permitted by Florida law (Fla. Stat. §§ 776.012 to 776.013, 776.031, 776.051) are not subject to civil or criminal liability. Fla. Stat. § 790.251

The Florida attorney general’s office enforces has been tasked to enforce the provisions on weapons in employer parking lots. If there is reasonable cause to believe that violations occurred, the attorney general can initiate a civil or administrative action against employers. Employers that are found to have violated the provisions on weapons in employer parking lots can be ordered to stop violations and to pay damages, fines, attorneys’ fees, and court costs.

Additionally, there is a private cause of action for employees to sue their employers for violating the provisions of this law. Employees that sue their employers may be entitled to all reasonable personal costs and losses caused by the employer's violations, plus attorneys' fees and court costs.

Best practice recommendation

Employers in Florida should be cautious when drafting their handbook and workplace violence policies to ensure that they do not violate this law, specifically when drafting language about weapons on employer property. Employers who currently have policies on workplace violence that contain prohibitions of firearms on company property should revise their policies to include a carve out that either excludes the employer’s parking lot or explicitly states that employees are permitted to keep firearms in their privately owned car in the employer’s parking lot. Lastly, as this law makes it unlawful to discriminate against employees for exercising their constitutional right to keep and bear arms or for exercising their right to self-defense, employers should refrain from disciplining, terminating, or otherwise penalizing employees for keeping legal firearms locked inside their private vehicle on company property.