Firearms in Vehicles: Florida

This Firearms in Vehicles policy applies to employees in Florida under Florida's "Preservation and Protection of the Right to Keep and Bear Arms in Motor Vehicles Act of 2008" (Fla. Stat. § 790.251), which limits how employers can restrict lawfully owned firearms and ammunition stored in locked, privately owned vehicles in workplace parking areas, while still allowing your organization to set clear safety expectations (including keeping firearms out of sight and inside the vehicle) and to communicate when, if ever, a vehicle may be searched as permitted by law.

The History Behind Firearms in Vehicles Policies in Florida

This policy sits in the Health, Safety, & OSHA Compliance topic because it's really about how far workplace safety rules can reach into an employee's private car. For years, many Florida employers treated parking lots like any other part of the workplace, banning firearms in vehicles as a straightforward extension of "no weapons on our property." That approach ran into a growing political and legal pushback that framed a locked personal vehicle as a private space, even when it's parked at work.

Florida's Legislature drew that line in 2008 by enacting what's commonly called the "Preservation and Protection of the Right to Keep and Bear Arms in Motor Vehicles Act," now codified at Florida Statutes Section 790.251. The law generally prohibits employers from stopping someone who lawfully possesses a firearm or ammunition from keeping it locked inside a private vehicle in a parking lot, and it also limits inquiries and searches of vehicles, with narrow exceptions. The result is the balance you see in the policy: you can still set clear safety expectations (no removing, no displaying, keep it out of sight), but you can't treat a locked personal vehicle like an extension of the workplace in the same way you might treat a desk drawer or a locker.

Which Law is the Firearms in Vehicles Policy Meant to Comply With?

If you create and distribute a Firearms in Vehicles Policy for your Florida-based employees, it is in an effort to comply with Florida's Preservation and Protection of the Right to Keep and Bear Arms in Motor Vehicles Act (Fla. Stat. § 790.251).

How to Write a Florida-Specific Firearms in Vehicles Policy

• Start with "why" and introduce the concept, balancing workplace safety with Florida's allowance for storing firearms and ammunition in personal vehicles in designated parking areas.
• State that lawful firearm or ammunition storage is allowed only in a locked, privately owned vehicle in your organization's parking areas.
• Require that firearms and ammunition stay out of sight and remain in the vehicle while on your organization's property.
• Explain that your organization won't ask about firearm storage or search personal vehicles except as required by law.

When to Include this Policy in Your Employee Handbook

The law does not require you to publish a policy or issue a specific notice. That said, you still have to comply with the requirements that apply to you as an employer.

This is a "depends on your workplace" policy. Include it if you offer the benefit, operate in a setting where this comes up, have a state-specific rule that differs from your national approach, or you've had issues in this area before. If you already have a clear all-employee policy that covers the same ground (and it meets Florida's requirements), you may not need a separate policy here.

Other Considerations

The law applies to Florida employers who have at least 1 employee in the US.

Exceptions

There are situations where these legal requirements don't apply.

• Property and worksite types:
  • School property.
  • Correctional institutions.
  • Property where a nuclear-powered electricity generation facility is located.
  • Property owned or leased by a public or private employer that has obtained authorization to use explosives.
• Vehicles and transportation contexts:
  • Employer-owned or employer-leased vehicles.
  • Vehicles used in the course of conducting your organization's business.
  • Parking areas where access is restricted or controlled by a gate, security station, badge, or similar access control.
• People and roles:
  • Employees who are required to carry a firearm as a condition of employment.
  • Law enforcement personnel.