House Bill 3323e1

                                      HB 3323, First Engrossed/ntc



  1                      A bill to be entitled

  2         An act relating to sport shooting ranges;

  3         providing definitions; providing exemption

  4         from civil liability and criminal prosecution

  5         for owners and users of sport shooting ranges

  6         with respect to noise pollution resulting from

  7         the operation of the range under certain

  8         circumstances; exempting sport shooting ranges

  9         from specified rules and regulations;

10         prohibiting certain nuisance actions against

11         sport shooting ranges; providing for the

12         continued operation of sport shooting ranges

13         under specified circumstances; providing an

14         effective date.

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16  Be It Enacted by the Legislature of the State of Florida:

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18         Section 1.  Sport shooting ranges; definitions;

19  exemption from liability; exemption from specified rules and

20  regulations; exemption from nuisance actions; continued

21  operation.--

22         (1)  Definitions.--As used in this act, the following

23  terms shall have the following meanings:

24         (a)  "Unit of local government" means a unit of local

25  government created or established by law, including, but not

26  limited to, a city, consolidated government, county,

27  metropolitan government, municipality, town, or village.

28         (b)  "Person" means an individual, corporation,

29  proprietorship, partnership, association, club, two or more

30  persons having a joint or common interest, or any other legal

31  entity.


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CODING: Words stricken are deletions; words underlined are additions.






                                      HB 3323, First Engrossed/ntc



  1         (c)  "Sport shooting range" or "range" means an area

  2  designed and operated for the use of rifles, shotguns,

  3  pistols, silhouettes, skeet, trap, black powder, or any other

  4  similar type of sport shooting.

  5         (2)  Notwithstanding any other provision of law, a

  6  person who operates or uses a sport shooting range in this

  7  state shall not be subject to civil liability or criminal

  8  prosecution in any matter relating to noise or noise pollution

  9  which results from the operation or use of a sport shooting

10  range, if the range is in compliance with any noise control

11  laws or ordinances adopted by a unit of local government

12  applicable to the range and its operation at the time of

13  construction or initial operation of the range.

14         (3)  A person who operates or uses a sport shooting

15  range is not subject to an action for nuisance, and a court of

16  this state shall not enjoin the use or operation of a sport

17  shooting range on the basis of noise or noise pollution, if

18  the range is in compliance with any noise control laws or

19  ordinances that applied to the range and its operation at the

20  time of construction or initial operation of the range.

21         (4)  Rules or regulations adopted by any state

22  department or agency for limiting levels of noise in terms of

23  decibel levels which may occur in the outdoor atmosphere shall

24  not apply to a sport shooting range exempted from liability

25  under this act.

26         (5)  A person who acquires title to or owns real

27  property adversely affected by the use of property with a

28  permanently located and improved sport shooting range shall

29  not maintain a nuisance action against the person who owns the

30  range to restrain, enjoin, or impede the use of the range

31  where there has not been a substantial change in the nature of


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CODING: Words stricken are deletions; words underlined are additions.






                                      HB 3323, First Engrossed/ntc



  1  the use of the range. This section does not prohibit actions

  2  for negligence or recklessness in the operation of a sport

  3  shooting range or by a person using the range.

  4         (6)  A sport shooting range that is not in violation of

  5  existing law at the time of the enactment of an ordinance

  6  applicable to the sport shooting range shall be permitted to

  7  continue in operation even if the operation of the sport

  8  shooting range does not conform to the new ordinance or an

  9  amendment to an existing ordinance.

10         (7)  Except as otherwise provided in this act, this act

11  shall not prohibit a local government from regulating the

12  location and construction of a sport shooting range after the

13  effective date of this act.

14         Section 2.  This act shall take effect upon becoming a

15  law.

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