SLF LABOR AND EMPLOYMENT ALERT
Special Alert - August 2008

Special Update: Florida’s “Take Your Gun to Work” Law

As SLF reported in its March and April 2008 alerts, Florida enacted the Take Your Gun to Work bill effective July 1, 2008.  Since the enactment, the Florida Chamber of Commerce and various other business interests challenged the constitutionality of the law and sought an injunction to prevent the enforcement of the statute pending full constitutional review.  On July 28, 2008, the Honorable Judge Robert L. Hinkle, Chief United States District Judge for the United States District Court, Northern District of Florida, issued a ruling partially authorizing and partially preventing enforcement of the controversial new law.  The plaintiffs contend the law is unconstitutional because the State lacks sufficient justification to compel property owners to make their property available for purposes they do not support and that it violates the federal Occupational Safety and Health Act because the presence of firearms on business properties endangers workers.  On behalf of the State of Florida, the Office of the Attorney General argued that the State has constitutionally adequate grounds for compelling property owners to allow guns in vehicles in a parking lot.  Judge Hinkle held the State has sufficient authority to enact this legislation, but found the language of the statute, as currently written, was flawed.  Both proponents and opponents are calling the ruling a victory.

            Specifically, the Florida Legislature may compel a business to allow employees with concealed weapons permits to secure firearms in a vehicle in the business parking lot.  The state may not, under the current law, arbitrarily compel some businesses but not others to allow customers to secure a firearm on business property.  Although Judge Hinkle’s ruling on the preliminary injunction does not resolve the constitutional challenge to the statute, it has important ramifications.  Simply, businesses may not prohibit employees who hold concealed weapons permits from storing firearms in their vehicles on company property.  They may, however, continue to prohibit customers from doing so.

            We will continue to keep you apprised as further developments occur.  The entire opinion may be found at http://pnj.com/assets/pdf/DP114063729.PDF.

PAST ISSUES OF SLF LABOR AND EMPLOYMENT ALERT

You may view past issues of the SLF Labor and Employment Alert on the “Publications” page. Links to the 2006 and 2007 Archives are provided below for your convenience.

211 East Call Street
Tallahassee, FL 32301
850.205.1996
850.205.3004 FAX