Florida Violence in the Workplace laws & HR compliance analysis

Florida Violence in the Workplace: What you need to know

The Preservation and Protection of the Right to Keep and Bear Arms in Motor Vehicles Act of 2008 bars public and private employers from prohibiting employees, independent contractors, customers, or guests with concealed weapons permits from having a legally owned, lawfully possessed firearm inside or locked to a private motor vehicle in a parking lot (FL Stat. Sec. 790.251). The Act also prohibits employers from doing the following:
• Preventing an employee's vehicle from entering the employer's parking lot because the vehicle contains a legal firearm, being carried for a lawful purpose, that is concealed in the car;
• Asking for a verbal or written statement about the presence of such firearm within a vehicle;
• Searching vehicles in parking lots for such firearms; or
• Terminating or otherwise discriminating against an employee because the employee has exercised his or her right to bear arms or has exercised the right of self-defense as long as a firearm is never exhibited on the employer's property for any reason other than lawful defensive purposes.
Exemptions Exempt from the provisions of the Act are schools (but not childcare centers), military facilities, prisons and jails, facilities that store explosives, and military facilities.
Conditioning employment. An employer may not condition employment on gun license status, make specific employment agreements based on gun license status, or make an employment agreement prohibiting an employee from keeping a legal firearm in his or her vehicle under provisions of the Act.
Employer liability. Nothing in the Act expands the existing duty of care or creates a new duty of care for employers, and a public or private employer is not liable in a civil action based on ...

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