Florida carry law question

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Precision
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Florida carry law question

Post by Precision »

Ok, so Florida Statute 790.06 covers most of florida carry law.
There is a really nice part that says where CCW is NOT permitted.
790.06(12) - No license issued pursuant to this section shall authorize any person to carry a concealed weapon or firearm into any place of nuisance as defined in s. 823.05; any police, sheriff, or highway patrol station; any detention facility, prison, or jail; any courthouse; any courtroom, except that nothing in this section would preclude a judge from carrying a concealed weapon or determining who will carry a concealed weapon in his or her courtroom; any polling place; any meeting of the governing body of a county, public school district, municipality, or special district; any meeting of the Legislature or a committee thereof; any school, college, or professional athletic event not related to firearms; any school administration building; any portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises, which portion of the establishment is primarily devoted to such purpose; any elementary or secondary school facility; any area vocational-technical center; any college or university facility unless the licensee is a registered student, employee, or faculty member of such college or university and the weapon is a stun gun or nonlethal electric weapon or device designed solely for defensive purposes and the weapon does not fire a dart or projectile; inside the passenger terminal and sterile area of any airport, provided that no person shall be prohibited from carrying any legal firearm into the terminal, which firearm is encased for shipment for purposes of checking such firearm as baggage to be lawfully transported on any aircraft; or any place where the carrying of firearms is prohibited by federal law. Any person who willfully violates any provision of this subsection commits a misdemeanor of the second degree, punishable as provided in s 775.082 or s. 775.083.
However Florida Statute 394.458 is more that a bit vague in its definition of hospitals vs mental institutions / parts there in.
394.458 Introduction or removal of certain articles unlawful; penalty.--

(1)(a) Except as authorized by law or as specifically authorized by the person in charge of each hospital providing mental health services under this part, it is unlawful to introduce into or upon the grounds of such hospital, or to take or attempt to take or send therefrom, any of the following articles, which are hereby declared to be contraband for the purposes of this section:

1. Any intoxicating beverage or beverage which causes or may cause an intoxicating effect;

2. Any controlled substance as defined in chapter 893; or

3. Any firearms or deadly weapon.

(b) It is unlawful to transmit to, or attempt to transmit to, or cause or attempt to cause to be transmitted to, or received by, any patient of any hospital providing mental health services under this part any article or thing declared by this section to be contraband, at any place which is outside of the grounds of such hospital, except as authorized by law or as specifically authorized by the person in charge of such hospital.

(2) A person who violates any provision of this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
I am pretty sure I know the answer, but I want independent thoughts on this.

I also have Gutmacher's book but I don't have it on me (at work) and I don't remember this being covered in my multiple readings. I will look tonight.

Thanks
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mekender
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Re: Florida carry law question

Post by mekender »

Almost every hospital in FL is a part of a educational facility, they are almost all prohibited places. Most every state is the same when it comes to that.
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Precision
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Joined: Wed Aug 20, 2008 6:01 pm

Re: Florida carry law question

Post by Precision »

mekender wrote:Almost every hospital in FL is a part of a educational facility, they are almost all prohibited places. Most every state is the same when it comes to that.
The 4 or 5 in my county are not. Shands at Gainesville and the like are teaching hospitals but I am referring to just a regular / standard hospital.

I also wonder about the applicablity of the school statute regarding the non-classroom parts of "teaching hospitals" not enough to become a test case mind you...
"Those who hammer their guns into plows will plow for those who do not." ~Thomas Jefferson
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BobTheWitch

Re: Florida carry law question

Post by BobTheWitch »

University of Florida University Police have successfully prosecuted Shands employees for having firearms in their cars, as all of the parking garages (with the exception of the newly constructed garage on 13th street) are on University Property. The one on 13th is questionable as it is administered by the University Parking department, but it is on Shand's not University property. Dunno which way they'll go.

Long and short, if it's on a University Campus, it's a prohibited place. Haven't looked into details on the mental health exception, cause most hospitals have some amount of psych ward......
Precision
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Re: Florida carry law question

Post by Precision »

As stated I have no problem understanding the clarity of ON CAMPUS situations. But I am not really wondering at all about the educational aspects of some hospitals.

I am concerned with:
"Except as authorized by law" --does that mean by CCW law or by being a COP

"hospital providing mental health services" -- almost all hospitals take Baker Act patients, so almost all provide mental health services even if only as a temporary nanny service

"upon the grounds" -- does this disarm everyone that drives to a hospital? we do have a car carry law as well as a too bad employer, our people can car carry in your parking lot, PERIOD.

It seems to me that 790.06(12) says nothing about hospitals and thus carry should be legal (as a non-employee). Employees should be legal with car carry, but this statute seems to put a question to that.
"Those who hammer their guns into plows will plow for those who do not." ~Thomas Jefferson
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