House Bill 0067er

    ENROLLED

    1999 Legislature                        HB 67, First Engrossed



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  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; prohibiting certain

10         nuisance actions against sport shooting ranges;

11         providing for the continued operation of sport

12         shooting ranges under specified circumstances;

13         providing an effective date.

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

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17         Section 1.  Sport shooting ranges; definitions;

18  exemption from liability; exemption from specified rules;

19  exemption from nuisance actions; continued operation.--

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

21  terms shall have the following meanings:

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

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

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

25  metropolitan government, municipality, town, or village.

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

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

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

29  entity.

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

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


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




    ENROLLED

    1999 Legislature                        HB 67, First Engrossed



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

  2  similar type of sport shooting.

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

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

  5  state shall not be subject to civil liability or criminal

  6  prosecution in any matter relating to noise or noise pollution

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

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

  9  laws or ordinances adopted by a unit of local government

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

11  construction or initial operation of the range.

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

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

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

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

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

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

18  time of construction or initial operation of the range.

19         (4)  Rules adopted by any state department or agency

20  for limiting levels of noise in terms of decibel levels which

21  may occur in the outdoor atmosphere shall not apply to a sport

22  shooting range exempted from liability under this act.

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

24  property adversely affected by the use of property with a

25  permanently located and improved sport shooting range shall

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

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

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

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

30  for negligence or recklessness in the operation of a sport

31  shooting range or by a person using the range.


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




    ENROLLED

    1999 Legislature                        HB 67, First Engrossed



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

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

  3  applicable to the sport shooting range shall be permitted to

  4  continue in operation even if the operation of the sport

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

  6  amendment to an existing ordinance, provided the range was not

  7  in violation of any law when the range was constructed and

  8  provided that the range continues to conform to current

  9  National Rifle Association gun safety and shooting range

10  standards.

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

12  shall not prohibit a local government from regulating the

13  location and construction of a sport shooting range after the

14  effective date of this act.

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

16  law.

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