HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/HB 259 Safety of Religious Institutions
SPONSOR(S): Judiciary Committee, Education & Employment Committee, Williamson, Byrd and others
TIED BILLS: None IDEN./SIM. BILLS: CS/SB 498
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Criminal Justice & Public Safety Subcommittee 14 Y, 3 N Padgett Hall
2) Education & Employment Committee 16 Y, 5 N, As CS Bauman Hassell
3) Judiciary Committee 12 Y, 6 N, As CS Padgett Kramer
SUMMARY ANALYSIS
Unless exempted, a person may not carry a concealed firearm or weapon in public without a license issued by
the Department of Agriculture and Consumer Services. However, licensees may not carry a concealed firearm
in certain locations, including schools and colleges. Florida law criminalizes possession of a firearm on school
property by a non-licensee as a third degree felony, punishable by up to five years imprisonment and a $5,000
fine. Possession of a firearm on school property by a licensee is a second degree misdemeanor, punishable by
up to 60 days in jail and a $500 fine.
Florida law does not generally prohibit a licensee from carrying a concealed firearm or weapon in a church,
synagogue, or other religious institution. However, because many places of worship are located on the same
property or attached to a school, often a preschool or college, carrying a firearm or weapon on the premises is
a crime.
CS/CS/HB 259 authorizes a licensee to carry a concealed firearm for any lawful purpose, including safety,
security, and personal protection, on any property owned, rented, leased, borrowed, or lawfully used by a
church, synagogue, or other religious institution. The bill does not limit the private property rights of a church,
synagogue, or other religious institution to exercise control over property that the church, synagogue, or other
religious institution owns, rents, leases, borrows, or lawfully uses. Religious institutions and owners of property
borrowed or used by a religious institution may continue to prohibit firearms as they choose.
The bill does not appear to have a fiscal impact on state or local governments.
The bill is effective upon becoming a law.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives .
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FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Concealed Carry
Unless exempted, a person may not carry a concealed firearm or weapon in public without a license
issued by the Department of Agriculture and Consumer Services.1 The licensing scheme requires the
department to issue a license to any applicant that meets statutory criteria,2 which includes that the
person:
Is a resident and a citizen of the United States or a permanent resident alien of the United
States, or is an eligible consular security official;
Is 21 years of age or older;
Does not suffer from a physical infirmity that prevents the safe handling of a weapon or firearm;
Is not ineligible to possess a firearm because of a felony conviction;
Has not been committed for abusing a controlled substance;
Has not been found guilty of a crime relating to a controlled substance within a three-year
waiting period immediately preceding the application date;
Does not chronically and habitually use alcoholic beverages or other substances to the extent
that his or her normal faculties are impaired;
Desires the legal means to carry a concealed weapon or firearm for lawful self-defense;
Demonstrates competency in the use of a firearm;
Has not been, or is deemed not to have been, adjudicated an incapacitated person in a
guardianship proceeding;
Has not been, or is deemed not to have been, committed to a mental institution;
Has not had adjudication of guilt withheld or imposition of sentence suspended on any felony, or
any misdemeanor crime of domestic violence, unless three years have elapsed since probation
or any other conditions set by the court have been fulfilled, or expunction has occurred;
Has not been issued an injunction that is currently in force and effect restraining the applicant
from committing acts of domestic violence or acts of repeat violence; and
Is not prohibited from purchasing or possessing a firearm by any other provision of law.
o For example, federal law prohibits a person convicted of misdemeanor domestic
violence from purchasing a firearm,3 so a person convicted of misdemeanor domestic
violence is ineligible for a license to carry a concealed firearm or weapon in Florida.
Firearms on School Property
Despite being licensed, a licensee may not carry a concealed firearm or weapon into several
enumerated locations, including schools and colleges.4 Both Florida and federal laws criminalize
possession of a firearm on school property.5
Florida law
1 S. 790.01, F.S.
2 S. 790.06(2), F.S.
3 18 U.S.C. § 922(g)(9).
4 S. 790.06(12)(a)10. and (12)(a)13., F.S.
5 S. 790.115(2)(a), F.S.; 18 U.S.C. § 922(q)(2).
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Under Florida law, possessing a firearm or weapon at a school-sponsored event or on the property of
any school, school bus, or school bus stop is a third degree felony.6 However, a licensee who
possesses a firearm on school property is subject to the lesser penalty of a second degree
misdemeanor.7 A “school” is defined as any public or private preschool, elementary school, middle
school, junior high school, secondary school, career center, or postsecondary school.8 Exceptions to
the prohibition on possessing a firearm on school property include when a person carries a firearm:
In a case to a firearms program, class, or function approved by the principal or chief
administrative officer of the school;
In a case to a firearms training range at a career center; or
In a vehicle under certain circumstances, except that school districts may adopt written and
published policies that waive the exception for purposes of student and campus parking
privileges.9
In support of school-sanctioned activities.10
Federal law
Federal law prohibits possession of a firearm that has moved in or otherwise affects interstate or
foreign commerce in a school zone.11 A person who unlawfully possesses a firearm in a school zone is
subject to up to five years of incarceration in federal prison.12 The federal prohibition does not apply to
possession of a firearm:
By a person licensed to possess a firearm by the state in which the school zone is located;
On private property not part of school grounds;
Which is unloaded and locked in a container or firearms rack on a motor vehicle;
By an individual for use in a program approved by a school in the school zone;
By an individual in accordance with a contract entered into between a school in the school zone
and the individual or the individual’s employer;
By a law enforcement officer acting in his or her official capacity; or
That is unloaded and is possessed by an individual while traversing school premises for the
purpose of gaining access to public or private lands open to hunting, if entry on school premises
is authorized by school authorities.13
Firearms in Churches, Synagogues, and Religious Institutions
Florida law does not generally prohibit a licensee from carrying a concealed firearm or weapon in a
church, synagogue, or other religious institution. However, because many places of worship are located
on the same property or attached to a school, often a preschool or college, carrying a firearm or
weapon on the premises is a third degree felony, or a second degree misdemeanor for a licensee.
Those churches, synagogues, or religious institutions not on or attached to a school campus may
choose whether to ban firearms and weapons from the premises.14 A religious institution generally has
6 S. 790.115(2)(c), F.S. A third degree felony is punishable by up to five years imprisonment and a $5,000 fine. Ss. 775.082 and
775.083, F.S.
7 S. 790.115(2)(e), F.S. A second degree misdemeanor in punishable by up to 60 days in jail and a $500 fine. Id.
8 S. 790.115(2)(a), F.S.
9 Id.
10 S. 790.115(2), F.S. See also Fla. Op. Att'y Gen. 2014-13 (2014), stating that “section 790.115, Florida Statutes, operates as an
exemption from the prohibition against the possession of weapons and firearms on campus when authorized in support of approved
school-sanctioned activities.”; s. 1006.20, F.S., expressly stating that school guardians serve in support of school-sanctioned activities
to aid in the prevention or abatement of active assailant incidents on school premises; Dozier v. Duval Cnty. Sch. Bd., 2021 WL 630094
(Fla. 1st DCA Feb. 18, 2021) (holding that the plain language of Florida statutes authorize school guardians to carry concealed firearms
on school campuses).
11 18 U.S.C. § 922(q)(2)(A).
12 18 U.S.C. §§ 924(a)(1)(B) and 924(a)(4).
13 18 U.S.C. § 922(q)(2)(B).
14 See, e.g., The Church of Jesus Christ of Latter Day Saints, General Handbook: Serving in the Church of Jesus Christ of Latter-day
Saints, policy 35.4.5, https://www.churchofjesuschrist.org/study/manual/general-handbook/35-physical-
facilities?lang=eng#title_number24 (last visited Mar. 17, 2021); Michael Boulter, After mass shootings, should legal guns be welcomed
into church?, PBS Newshour, (Nov. 17, 2017), https://www.pbs.org/newshour/politics/after-mass-shootings-should-legal-guns-be-
welcomed-into-church (last visited Mar. 17, 2021).
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the right to exclude unwanted individuals and items from its property.15 Thus, a religious institution with
a weapons ban could ask a person carrying a firearm to leave, and law enforcement could arrest a
person who refused to leave for trespass.16
Church Security Teams
Following a series of mass violence incidents at churches and synagogues, many religious institutions
have formed volunteer church security teams.17 Though the composition and training of church security
teams vary widely, a component of virtually all church security teams includes authorizing certain
members of the team to carry concealed weapons.18 Florida law does not provide specific exemptions
or allowances for church security teams. As a result, unless a member of the team is a law
enforcement officer, church security teams must abide by the same concealed firearms laws and
restrictions as every other Florida citizen.
Effect of Proposed Changes
CS/CS/HB 259 authorizes a licensee to carry a concealed firearm for any lawful purpose, including
safety, security, and personal protection, on any property owned, rented, leased, borrowed, or lawfully
used by a church, synagogue, or other religious institution, even if a school is located on the premises.
The bill does not limit the private property rights of a church, synagogue, or other religious institution to
exercise control over property that the church, synagogue, or other religious institution owns, rents,
leases, borrows, or lawfully uses. Religious institutions and owners of property borrowed or used by a
religious institution may continue to prohibit firearms as they choose.
The bill is effective upon becoming a law.
B. SECTION DIRECTORY:
Section 1: Amends s. 790.06, F.S., relating to license to carry concealed weapon or firearm.
Section 2: Provides an effective date of upon becoming a law.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
15 Art. I, s. 2, Fla. Const. (a person has the right to acquire, possess, and protect property); Nollan v. California Coastal Com’n, 483 U.S.
825 (1987) (the right to exclude others is one of the most essential sticks in the bundle of rights that are commonly characterized as
property).
16 Trespass while armed is a third degree felony. S. 810.08(2)(c), F.S.
17 Nichole Manna, After shooting, how can Texas churches keep members safe and still welcome all people?, Fort Worth Star Telegram
(Dec. 31, 2019), https://www.star-telegram.com/news/state/texas/article238834258.html (last visited Mar. 17, 2021).
18 Id.
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C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
None. The bill does not appear to affect county or municipal governments.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
Not applicable.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
On March 10, 2021, the Education & Employment Committee adopted one amendment and reported the
bill favorably as a committee substitute. The amendment removed the requirement for a religious institution
to post a policy prohibiting lawfully licensed persons from carrying a firearm on property owned, rented,
leased, borrowed, or lawfully used by the religious institution.
On March 17, 2021, the Judiciary Committee adopted a strike-all amendment and reported the bill
favorably as a committee substitute. The strike-all amendment:
Provided that the bill does not limit the private property rights of a church, synagogue, or other religious
institution to exercise control over property that the church, synagogue, or other religious institution
owns, rents, leases, borrows, or lawfully uses.
Authorized a church, synagogue, or other religious institution to prohibit firearms on its property without
adopting a policy specifically prohibiting firearms.
This analysis is drafted to the committee substitute as passed by the Judiciary Committee.
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Statutes affected: H 259 Filed: 790.06
H 259 c1: 790.06