Florida Senate - 2018                          SENATOR AMENDMENT
       Bill No. CS for SB 7026
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       Senator Taddeo moved the following:
    1         Senate Amendment (with title amendment)
    3         Between lines 409 and 410
    4  insert:
    5         Section 9. Section 790.33, Florida Statutes, is amended to
    6  read:
    7         790.33 Field of Regulation of firearms and ammunition
    8  preempted.—
    9         (1) It is the intent of the Legislature to set minimum
   10  statewide firearm and ammunition standards and to allow local
   11  governments, through their elected officials, to enact
   12  ordinances, regulations, or rules that fit the unique makeup and
   13  demographics of their respective communities.
   14         (2) Local government officials may enact ordinances,
   15  regulations, or rules that are more stringent than the laws
   16  established by the Legislature which they deem appropriate for
   17  their respective communities.
   18         (1) PREEMPTION.—Except as expressly provided by the State
   19  Constitution or general law, the Legislature hereby declares
   20  that it is occupying the whole field of regulation of firearms
   21  and ammunition, including the purchase, sale, transfer,
   22  taxation, manufacture, ownership, possession, storage, and
   23  transportation thereof, to the exclusion of all existing and
   24  future county, city, town, or municipal ordinances or any
   25  administrative regulations or rules adopted by local or state
   26  government relating thereto. Any such existing ordinances,
   27  rules, or regulations are hereby declared null and void.
   28         (2) POLICY AND INTENT.—
   29         (a) It is the intent of this section to provide uniform
   30  firearms laws in the state; to declare all ordinances and
   31  regulations null and void which have been enacted by any
   32  jurisdictions other than state and federal, which regulate
   33  firearms, ammunition, or components thereof; to prohibit the
   34  enactment of any future ordinances or regulations relating to
   35  firearms, ammunition, or components thereof unless specifically
   36  authorized by this section or general law; and to require local
   37  jurisdictions to enforce state firearms laws.
   38         (b) It is further the intent of this section to deter and
   39  prevent the violation of this section and the violation of
   40  rights protected under the constitution and laws of this state
   41  related to firearms, ammunition, or components thereof, by the
   42  abuse of official authority that occurs when enactments are
   43  passed in violation of state law or under color of local or
   44  state authority.
   45         (3) PROHIBITIONS; PENALTIES.—
   46         (a) Any person, county, agency, municipality, district, or
   47  other entity that violates the Legislature’s occupation of the
   48  whole field of regulation of firearms and ammunition, as
   49  declared in subsection (1), by enacting or causing to be
   50  enforced any local ordinance or administrative rule or
   51  regulation impinging upon such exclusive occupation of the field
   52  shall be liable as set forth herein.
   53         (b) If any county, city, town, or other local government
   54  violates this section, the court shall declare the improper
   55  ordinance, regulation, or rule invalid and issue a permanent
   56  injunction against the local government prohibiting it from
   57  enforcing such ordinance, regulation, or rule. It is no defense
   58  that in enacting the ordinance, regulation, or rule the local
   59  government was acting in good faith or upon advice of counsel.
   60         (c) If the court determines that a violation was knowing
   61  and willful, the court shall assess a civil fine of up to $5,000
   62  against the elected or appointed local government official or
   63  officials or administrative agency head under whose jurisdiction
   64  the violation occurred.
   65         (d) Except as required by applicable law, public funds may
   66  not be used to defend or reimburse the unlawful conduct of any
   67  person found to have knowingly and willfully violated this
   68  section.
   69         (e) A knowing and willful violation of any provision of
   70  this section by a person acting in an official capacity for any
   71  entity enacting or causing to be enforced a local ordinance or
   72  administrative rule or regulation prohibited under paragraph (a)
   73  or otherwise under color of law shall be cause for termination
   74  of employment or contract or removal from office by the
   75  Governor.
   76         (f) A person or an organization whose membership is
   77  adversely affected by any ordinance, regulation, measure,
   78  directive, rule, enactment, order, or policy promulgated or
   79  caused to be enforced in violation of this section may file suit
   80  against any county, agency, municipality, district, or other
   81  entity in any court of this state having jurisdiction over any
   82  defendant to the suit for declaratory and injunctive relief and
   83  for actual damages, as limited herein, caused by the violation.
   84  A court shall award the prevailing plaintiff in any such suit:
   85         1. Reasonable attorney’s fees and costs in accordance with
   86  the laws of this state, including a contingency fee multiplier,
   87  as authorized by law; and
   88         2. The actual damages incurred, but not more than $100,000.
   90  Interest on the sums awarded pursuant to this subsection shall
   91  accrue at the legal rate from the date on which suit was filed.
   92         (4) EXCEPTIONS.—This section does not prohibit:
   93         (a) Zoning ordinances that encompass firearms businesses
   94  along with other businesses, except that zoning ordinances that
   95  are designed for the purpose of restricting or prohibiting the
   96  sale, purchase, transfer, or manufacture of firearms or
   97  ammunition as a method of regulating firearms or ammunition are
   98  in conflict with this subsection and are prohibited;
   99         (b) A duly organized law enforcement agency from enacting
  100  and enforcing regulations pertaining to firearms, ammunition, or
  101  firearm accessories issued to or used by peace officers in the
  102  course of their official duties;
  103         (c) Except as provided in s. 790.251, any entity subject to
  104  the prohibitions of this section from regulating or prohibiting
  105  the carrying of firearms and ammunition by an employee of the
  106  entity during and in the course of the employee’s official
  107  duties;
  108         (d) A court or administrative law judge from hearing and
  109  resolving any case or controversy or issuing any opinion or
  110  order on a matter within the jurisdiction of that court or
  111  judge; or
  112         (e) The Florida Fish and Wildlife Conservation Commission
  113  from regulating the use of firearms or ammunition as a method of
  114  taking wildlife and regulating the shooting ranges managed by
  115  the commission.
  116         (5) SHORT TITLE.—As created by chapter 87-23, Laws of
  117  Florida, this section may be cited as the “Joe Carlucci Uniform
  118  Firearms Act.”
  119         Section 10. Subsection (4) of section 790.251, Florida
  120  Statutes, is amended to read:
  121         790.251 Protection of the right to keep and bear arms in
  122  motor vehicles for self-defense and other lawful purposes;
  123  prohibited acts; duty of public and private employers; immunity
  124  from liability; enforcement.—
  125         (4) PROHIBITED ACTS.—No public or private employer may
  126  violate the constitutional rights of any customer, employee, or
  127  invitee as provided in paragraphs (a)-(e):
  128         (a) No public or private employer may prohibit any
  129  customer, employee, or invitee from possessing any legally owned
  130  firearm when such firearm is lawfully possessed and locked
  131  inside or locked to a private motor vehicle in a parking lot and
  132  when the customer, employee, or invitee is lawfully in such
  133  area.
  134         (b) No public or private employer may violate the privacy
  135  rights of a customer, employee, or invitee by verbal or written
  136  inquiry regarding the presence of a firearm inside or locked to
  137  a private motor vehicle in a parking lot or by an actual search
  138  of a private motor vehicle in a parking lot to ascertain the
  139  presence of a firearm within the vehicle. Further, no public or
  140  private employer may take any action against a customer,
  141  employee, or invitee based upon verbal or written statements of
  142  any party concerning possession of a firearm stored inside a
  143  private motor vehicle in a parking lot for lawful purposes. A
  144  search of a private motor vehicle in the parking lot of a public
  145  or private employer to ascertain the presence of a firearm
  146  within the vehicle may only be conducted by on-duty law
  147  enforcement personnel, based upon due process and must comply
  148  with constitutional protections.
  149         (c) No public or private employer shall condition
  150  employment upon either:
  151         1. The fact that an employee or prospective employee holds
  152  or does not hold a license issued pursuant to s. 790.06; or
  153         2. Any agreement by an employee or a prospective employee
  154  that prohibits an employee from keeping a legal firearm locked
  155  inside or locked to a private motor vehicle in a parking lot
  156  when such firearm is kept for lawful purposes.
  157         (d) No public or private employer shall prohibit or attempt
  158  to prevent any customer, employee, or invitee from entering the
  159  parking lot of the employer’s place of business because the
  160  customer’s, employee’s, or invitee’s private motor vehicle
  161  contains a legal firearm being carried for lawful purposes, that
  162  is out of sight within the customer’s, employee’s, or invitee’s
  163  private motor vehicle.
  164         (e) No public or private employer may terminate the
  165  employment of or otherwise discriminate against an employee, or
  166  expel a customer or invitee for exercising his or her
  167  constitutional right to keep and bear arms or for exercising the
  168  right of self-defense as long as a firearm is never exhibited on
  169  company property for any reason other than lawful defensive
  170  purposes.
  172  This subsection applies to all public sector employers,
  173  including those already prohibited from regulating firearms
  174  under the provisions of s. 790.33.
  176  ================= T I T L E  A M E N D M E N T ================
  177  And the title is amended as follows:
  178         Between lines 58 and 59
  179  insert:
  180         amending s. 790.33, F.S.; providing legislative
  181         intent; authorizing local government officials to
  182         enact ordinances, regulations, or rules more stringent
  183         than the laws established by the Legislature in the
  184         regulation of firearms and ammunition; deleting
  185         preemption provisions; deleting policy and intent
  186         provisions; deleting prohibitions on enacting certain
  187         ordinances, regulations, or rules; deleting civil
  188         penalties; deleting exceptions; deleting a short
  189         title; amending s. 790.251, F.S.; conforming a
  190         provision to changes made by the act;