| 1 | Representative Baxley offered the following: |
| 2 |
|
| 3 | Amendment (with title amendment) |
| 4 | Remove everything after the enacting clause, and insert: |
| 5 | Section 1. Subsections (1) and (6) of section 493.6105, |
| 6 | Florida Statutes, are amended, and paragraph (c) is added to |
| 7 | subsection (7) of said section, to read: |
| 8 | 493.6105 Initial application for license.-- |
| 9 | (1) Each individual, partner, or principal officer in a |
| 10 | corporation, shall file with the department a complete |
| 11 | application accompanied by an application fee not to exceed $60, |
| 12 | except that the applicant for a Class "D" or Class "G" license |
| 13 | shall not be required to submit an application fee except as |
| 14 | provided in subsection (6). The application fee shall not be |
| 15 | refundable. |
| 16 | (a) The application submitted by any individual, partner, |
| 17 | or corporate officer shall be approved by the department prior |
| 18 | to that individual, partner, or corporate officer assuming his |
| 19 | or her duties. |
| 20 | (b) Individuals who invest in the ownership of a licensed |
| 21 | agency, but do not participate in, direct, or control the |
| 22 | operations of the agency shall not be required to file an |
| 23 | application. |
| 24 | (6) In addition to the requirements outlined in subsection |
| 25 | (3), an applicant for a Class "G" license shall: |
| 26 | (a) Satisfy minimum training criteria for firearms |
| 27 | established by rule of the department, which training criteria |
| 28 | shall include, but is not limited to, 28 hours of range and |
| 29 | classroom training taught and administered by a Class "K" |
| 30 | licensee; however, no more than 8 hours of such training shall |
| 31 | consist of range training. If the applicant can show proof that |
| 32 | he or she is an active law enforcement officer currently |
| 33 | certified under the Criminal Justice Standards and Training |
| 34 | Commission or has completed the training required for that |
| 35 | certification within the last 12 months, or if the applicant |
| 36 | submits one of the certificates specified in paragraph (7)(a), |
| 37 | the department may waive the foregoing firearms training |
| 38 | requirement. |
| 39 | (b) For each initial and renewal license, pay a |
| 40 | nonrefundable fee of $20, which shall be transferred monthly to |
| 41 | the Shooting Range Cleanup Trust Fund in the Department of |
| 42 | Environmental Protection. |
| 43 | (7) In addition to the requirements under subsection (3), |
| 44 | an applicant for a Class "K" license shall: |
| 45 | (c) For each initial and renewal license, pay an |
| 46 | additional nonrefundable fee of $50, which shall be transferred |
| 47 | monthly to the Shooting Range Cleanup Trust Fund in the |
| 48 | Department of Environmental Protection. |
| 49 | Section 2. Paragraph (f) is added to subsection (5) of |
| 50 | section 790.06, Florida Statutes, to read: |
| 51 | 790.06 License to carry concealed weapon or firearm.-- |
| 52 | (5) The applicant shall submit to the Department of |
| 53 | Agriculture and Consumer Services: |
| 54 | (f) In addition to the initial and renewal fees provided |
| 55 | in paragraph (b), a nonrefundable annual fee of $5, which shall |
| 56 | be transferred monthly to the Shooting Range Cleanup Trust Fund |
| 57 | in the Department of Environmental Protection. |
| 58 | Section 3. Paragraph (e) is added to subsection (1) of |
| 59 | section 790.065, Florida Statutes, to read: |
| 60 | 790.065 Sale and delivery of firearms.-- |
| 61 | (1) A licensed importer, licensed manufacturer, or |
| 62 | licensed dealer may not sell or deliver from her or his |
| 63 | inventory at her or his licensed premises any firearm to another |
| 64 | person, other than a licensed importer, licensed manufacturer, |
| 65 | licensed dealer, or licensed collector, until she or he has: |
| 66 | (e) In addition to the fee provided in paragraph (b), |
| 67 | collected a nonrefundable fee of $2 per transaction, which shall |
| 68 | be transferred monthly to the Shooting Range Cleanup Trust Fund |
| 69 | in the Department of Environmental Protection. |
| 70 |
|
| 71 | However, if the person purchasing, or receiving delivery of, the |
| 72 | firearm is a holder of a valid concealed weapons or firearms |
| 73 | license pursuant to the provisions of s. 790.06 or holds an |
| 74 | active certification from the Criminal Justice Standards and |
| 75 | Training Commission as a "law enforcement officer," a |
| 76 | "correctional officer," or a "correctional probation officer" as |
| 77 | defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9), the |
| 78 | provisions of this subsection do not apply. |
| 79 | Section 4. Section 790.333, Florida Statutes, is created |
| 80 | to read: |
| 81 | 790.333 Sport shooting and training range protection; |
| 82 | liability; claims, expenses, and fees; penalties; preemption; |
| 83 | construction.-- |
| 84 | (1) LEGISLATIVE FINDINGS.-- |
| 85 | (a) The Legislature finds that more than 400 sport |
| 86 | shooting and training ranges exist on public and private lands |
| 87 | throughout this state. |
| 88 | (b) These sport shooting and training ranges are widely |
| 89 | used and enjoyed by the residents of this state and are a |
| 90 | necessary component of the guarantees of the Second Amendment to |
| 91 | the United States Constitution and of s. 8, Art. I of the State |
| 92 | Constitution. |
| 93 | (c) Many of these ranges are used by state and local law |
| 94 | enforcement agencies for training, practice, and regular |
| 95 | mandatory qualification by law enforcement officers; by hunter |
| 96 | safety instructors of the Fish and Wildlife Conservation |
| 97 | Commission who teach adults and youngsters the safe use and |
| 98 | handling of firearms in preparation for obtaining hunting |
| 99 | licenses; by school boards, colleges, and universities for |
| 100 | reserve officer training corps training and activities; by |
| 101 | school shooting teams; by Olympic competitors; and by certified |
| 102 | instructors who teach the safe use and handling of firearms in |
| 103 | preparation for applying for licenses to carry concealed |
| 104 | firearms for lawful self-protection. |
| 105 | (d) The public policy of this state is to encourage the |
| 106 | safe handling and operation of firearms and mandates appropriate |
| 107 | training in the safe use and handling of firearms for persons |
| 108 | licensed to carry concealed firearms and for persons licensed to |
| 109 | hunt in this state. Sport shooting and training ranges |
| 110 | throughout this state provide the location at which this |
| 111 | important public purpose is served and at which the firearms |
| 112 | training mandates are fulfilled. |
| 113 | (e) Projectiles are integral to sport shooting and |
| 114 | training range activity and to the ownership and use of |
| 115 | firearms. |
| 116 | (f) Over years of operation, projectiles have accumulated |
| 117 | in the environment at many ranges, the environmental impact of |
| 118 | which is disputed. |
| 119 | (g) Litigation has been initiated by certain state |
| 120 | agencies, including the Department of Environmental Protection |
| 121 | and the Southwest Florida Water Management District, against |
| 122 | sport shooting and training range owners and operators seeking |
| 123 | to compel such owners and operators to discontinue the use of |
| 124 | certain projectiles and to investigate and remove accumulated |
| 125 | projectiles under the theory that these projectiles were |
| 126 | deposited without authorization under prevailing state |
| 127 | environmental laws. The cost of defending these actions is |
| 128 | prohibitive and threatens to destroy the sport shooting and |
| 129 | training range industry. |
| 130 | (h) The elimination of sport shooting and training ranges |
| 131 | would unnecessarily impair the ability of residents of this |
| 132 | state to exercise and practice their constitutional guarantees |
| 133 | under the Second Amendment to the United States Constitution and |
| 134 | under s. 8, Art. I of the State Constitution. |
| 135 | (2) LEGISLATIVE INTENT.--The Legislature intends to |
| 136 | protect and immunize sport shooting and training range owners, |
| 137 | operators, users, employees, agents, contractors, and customers |
| 138 | from environmental liability as described in this section and to |
| 139 | prohibit actions by the state, special purpose districts, or |
| 140 | political subdivisions which threaten to destroy or bankrupt |
| 141 | sport shooting and training ranges. |
| 142 | (3) DEFINITIONS.--As used in this act, the term: |
| 143 | (a) "Environment" means the air, water, surface water, |
| 144 | sediment, soil, groundwater, and other natural and manmade |
| 145 | resources of this state. |
| 146 | (b) "Operator" means any person who operates or has |
| 147 | operated a sport shooting or training range. |
| 148 | (c) "Owner" means any person who owns or has owned a sport |
| 149 | shooting or training range or any interest therein. |
| 150 | (d) "Projectile" means any object expelled, propelled, |
| 151 | discharged, shot, or otherwise released from a firearm, BB gun, |
| 152 | airgun, or similar device, including, but not limited to, |
| 153 | gunpowder, ammunition, lead, shot, skeet, and trap targets and |
| 154 | associated chemicals, derivatives, and constituents thereof. |
| 155 | (e) "Sport shooting and training range" or "range" means |
| 156 | any area that has been designed or operated primarily for the |
| 157 | use of firearms, rifles, shotguns, pistols, silhouettes, skeet, |
| 158 | trap, black powder, BB guns, airguns, or similar devices or for |
| 159 | any other type of sport or training shooting. |
| 160 | (f) "User" means any person, partner, joint venture, |
| 161 | business, or social entity or corporation, or any group of such |
| 162 | persons or entities, organized or united for a business, sport, |
| 163 | or social purpose. |
| 164 | (4) SPORT SHOOTING AND TRAINING RANGE LIABILITY |
| 165 | PROTECTION.--Notwithstanding any other provision of law, any |
| 166 | private or public owner, operator, employee, agent, contractor, |
| 167 | customer, or user of any sport shooting or training range |
| 168 | located in this state identified to the department by September |
| 169 | 30, 2005, as set forth in paragraph (7)(j) shall have limited |
| 170 | liability to this state or any agency of the state, special |
| 171 | purpose district, or political subdivision of this state for any |
| 172 | claim associated with the intentional or unintentional |
| 173 | placement, deposition, or accumulation of projectiles in the |
| 174 | environment on or under that sport shooting or training range or |
| 175 | any other property over which the range has an easement, |
| 176 | leasehold, or other legal right of use. For purposes of this |
| 177 | subsection, a public owner or operator means the state, a |
| 178 | county, a municipal corporation, a state university or college, |
| 179 | or a school district. |
| 180 | (5) PENDING AND FUTURE CLAIMS.-- |
| 181 | (a) All claims from which private or public owners, |
| 182 | operators, employees, agents, contractors, customers, or users |
| 183 | of any sport shooting and training ranges are immunized under |
| 184 | this section which are pending in any court of this state or |
| 185 | before any administrative agency on January 1, 2004, shall be |
| 186 | withdrawn within 30 days after the effective date of this act, |
| 187 | and failure to immediately withdraw such a claim shall be a |
| 188 | violation of this act and shall be penalized in accordance with |
| 189 | subsection (6). |
| 190 | (b) No state agency, county, municipality, town, special |
| 191 | purpose district, or other political subdivision may benefit |
| 192 | financially or otherwise from any such action pending on or |
| 193 | after January 1, 2004, in which any judgment or other legal |
| 194 | action or recourse is or has been entered in favor of the state, |
| 195 | any of its agencies, or a county, municipality, town, special |
| 196 | purpose district, or other political subdivision against any |
| 197 | private or public owner, operator, employee, agent, contractor, |
| 198 | customer, or user of any sport shooting or training range. The |
| 199 | state, agency, county, municipality, town, special purpose |
| 200 | district, or other political subdivision that brought such |
| 201 | action shall immediately pay all costs of litigation and all |
| 202 | reasonable attorney's fees, paralegal's fees, and damages for |
| 203 | all economic and other losses resulting from the initiation of |
| 204 | such claim for which this section provides immunity. |
| 205 | (c) Any private or public owner, operator, employee, |
| 206 | agent, contractor, customer, or user of any sport shooting or |
| 207 | training range injured as a result of a claim filed in violation |
| 208 | of this section shall have a civil cause of action for damages, |
| 209 | reasonable attorney's fees, and costs. |
| 210 | (6) PENALTIES.--Any official, employee, or other agent of |
| 211 | this state or its agencies, or of a county, municipality, town, |
| 212 | special purpose district, or other political subdivision of this |
| 213 | state, who, while acting in his or her official capacity and |
| 214 | within the scope of his or her employment or office, willfully |
| 215 | and knowingly brings or is a party to bringing an action in |
| 216 | violation of this section commits a misdemeanor of the first |
| 217 | degree, punishable as provided in s. 775.082 or s. 775.083. |
| 218 | (7) DUTIES.-- |
| 219 | (a) The Department of Environmental Protection shall |
| 220 | develop a plan and procedures for the reasonable review, |
| 221 | contamination assessment, and cleanup of sport shooting and |
| 222 | training ranges if there is credible reason to believe that the |
| 223 | accumulation of projectiles on such ranges poses an immediate |
| 224 | threat to the environment or to human health. The department |
| 225 | shall give 60 days' notice to the sport shooting or training |
| 226 | range owner, operator, tenant, or occupant of the department's |
| 227 | intent to enter the site for the purpose of a contamination |
| 228 | assessment. |
| 229 | (b) Principles of risk-based corrective action pursuant to |
| 230 | s. 376.30701 shall be applied to sport shooting or training |
| 231 | ranges. Risk-based corrective action plans used for these |
| 232 | cleanups shall be based upon the presumption that the site will |
| 233 | continue to be operated as a sport shooting or training range. |
| 234 | (c) The department shall adopt rules establishing |
| 235 | priorities for state-conducted cleanups at sport shooting or |
| 236 | training ranges based upon factors that include, but need not be |
| 237 | limited to: |
| 238 | 1. The degree to which human health, safety, or welfare |
| 239 | may be affected by exposure to the contamination. |
| 240 | 2. The size of the population or area affected by the |
| 241 | contamination. |
| 242 | 3. The present and future uses of the affected aquifer or |
| 243 | surface waters, with particular consideration as to the |
| 244 | probability that the contamination is substantially affecting, |
| 245 | or will migrate to and substantially affect, a known public or |
| 246 | private source of potable water. |
| 247 | 4. The effect of the contamination on the environment. |
| 248 | 5. In the case of projects with equal priority, the extent |
| 249 | to which other financial assistance is available. |
| 250 |
|
| 251 | Nothing in this paragraph shall be construed to restrict the |
| 252 | department from modifying the priority status of a |
| 253 | rehabilitation site when conditions warrant, taking into |
| 254 | consideration the actual distance between the contamination site |
| 255 | and groundwater or surface water receptors or other factors that |
| 256 | affect the risk of exposure to contaminants of concern. |
| 257 | (d) The department may enter a sport shooting or training |
| 258 | range and conduct an environmental cleanup of the site under the |
| 259 | following circumstances: |
| 260 | 1. The department has proven by competent, substantial |
| 261 | evidence through scientifically accepted documentation that the |
| 262 | effect of accumulation of lead projectiles at the sport shooting |
| 263 | or training range is in violation of laws and rules and is |
| 264 | causing an unreasonable risk of injury or death to humans or the |
| 265 | environment. |
| 266 | 2. The department has presented scientifically accepted |
| 267 | documentation of contamination at the sport shooting or training |
| 268 | range to the sport shooting and training range owner, operator, |
| 269 | tenant, or occupant. |
| 270 | 3. The department has made a reasonable effort to obtain |
| 271 | permission from the sport shooting or training range owner, |
| 272 | operator, tenant, or occupant for entrance for the purpose of |
| 273 | environmental cleanup. |
| 274 | 4. The department has given 120 days' notice to the sport |
| 275 | shooting or training range owner, operator, tenant, or occupant |
| 276 | of the department's intent to enter the site for the purpose of |
| 277 | an environmental cleanup. |
| 278 | 5. The sport shooting or training range owner, operator, |
| 279 | tenant, or occupant has given permission to the department to |
| 280 | conduct the environmental cleanup. |
| 281 | (e) If the department has complied with the requirements |
| 282 | of subparagraphs (d)1.-4. and been denied permission to conduct |
| 283 | the environmental cleanup, the department may seek judicial |
| 284 | intervention for the purpose of fulfilling its duties. |
| 285 | (f) If the department seeks judicial intervention as |
| 286 | authorized in paragraph (e), the owner, operator, tenant, or |
| 287 | occupant shall have the opportunity to rebut the department's |
| 288 | claims. |
| 289 | (g) If the department seeks judicial intervention, the |
| 290 | prevailing party may recover related costs and fees from the |
| 291 | other party or parties. |
| 292 | (h) Upon this act becoming a law, the department shall |
| 293 | initially notify those sport shooting and training ranges known |
| 294 | to the department of the passage of this act and the rights and |
| 295 | obligations of range owners and operators under this act. |
| 296 | (i) No later than October 1, 2004, the department shall |
| 297 | establish a range identification process to identify the |
| 298 | ownership and location of all sport shooting and training ranges |
| 299 | in the state. The department may develop the guidelines |
| 300 | necessary to implement the range identification process. |
| 301 | However, the process for developing the guidelines by the |
| 302 | department shall be strictly limited to the following |
| 303 | activities: |
| 304 | 1. In establishing the identification process, the |
| 305 | department shall make a reasonable effort to notify the public |
| 306 | of the identification requirements, which shall include |
| 307 | providing legal notice as provided in chapter 50. |
| 308 | 2. Any costs associated with this identification process |
| 309 | shall be borne by the department. |
| 310 | 3. The department shall develop an education program to |
| 311 | assist identified ranges and to promote the use of best- |
| 312 | management practices that can be implemented to limit |
| 313 | environmental impacts associated with the operation of the |
| 314 | ranges. |
| 315 |
|
| 316 | Any owner of a sport shooting or training range must identify |
| 317 | himself or herself to the department in accordance with |
| 318 | department guidelines and provide, at a minimum, the name and |
| 319 | legal address of the owner and the address and legal description |
| 320 | of the range. Owners of ranges in existence on or before October |
| 321 | 1, 2004, must identify themselves to the department by September |
| 322 | 30, 2005. Owners of ranges established after October 1, 2004, |
| 323 | must identify themselves to the department within 1 year after |
| 324 | the establishment of the ranges. |
| 325 | (j) Sport shooting or training ranges that have been |
| 326 | identified to the department by September 30, 2005, may not be |
| 327 | required to pay for the initial environmental cleanup, whenever |
| 328 | it occurs, and the cost of the contamination assessment and the |
| 329 | initial environmental cleanup shall be borne by the state. The |
| 330 | cost of any subsequent cleanup shall be borne by the owner, |
| 331 | operator, tenant, or occupant of the range. The cost of |
| 332 | environmental cleanups conducted at ranges that have identified |
| 333 | themselves to the department after September 30, 2005, shall be |
| 334 | borne by the owner, operator, tenant, or occupant of the range. |
| 335 | The liability protection in subsection (4) terminates after the |
| 336 | initial environmental cleanup is completed by the department. |
| 337 | (k) A county, municipality, town, special purpose |
| 338 | district, other political subdivision, or any other governmental |
| 339 | entity in the state may not initiate any site investigation or |
| 340 | any other activity related to environmental issues or cleanup of |
| 341 | sport shooting or training ranges unless such activity is |
| 342 | specifically permitted by the Department of Environmental |
| 343 | Protection and is under the direct supervision of the |
| 344 | department. |
| 345 | (l) The department may use funds from the Water Quality |
| 346 | Assurance Trust Fund for expenses associated with this act. |
| 347 | (m) The department shall ensure that any proceeds |
| 348 | resulting from the disposition of material removed during range |
| 349 | site rehabilitation shall be deposited into the Shooting Range |
| 350 | Cleanup Trust Fund. |
| 351 | (n) This section does not relieve the state of its duty to |
| 352 | absorb the costs of environmental cleanups of sport shooting or |
| 353 | training ranges under other circumstances. |
| 354 | (o) The department may not initiate a range cleanup unless |
| 355 | funding is available to complete the cleanup project. The |
| 356 | department shall work with ranges to develop, with reasonable |
| 357 | certainty, estimates of the time necessary to clean up each |
| 358 | range and shall strictly adhere to a reasonable timeframe |
| 359 | consistent with the principles of risk-based corrective action. |
| 360 | Once a cleanup has begun, the department shall proceed, without |
| 361 | delay until completion, using the most fiscally responsible |
| 362 | approach. |
| 363 | (8) PREEMPTION.--Notwithstanding any other provision of |
| 364 | law, the Legislature preempts the entire field of regulating the |
| 365 | environmental effects of projectile deposition at sport shooting |
| 366 | and training ranges. |
| 367 | (9) CONSTRUCTION.--This section shall be liberally |
| 368 | construed to effectuate its remedial and deterrent purposes. |
| 369 | Section 5. Section 943.165, Florida Statutes, is created |
| 370 | to read: |
| 371 | 943.165 Payment of annual shooting range cleanup fee.-- |
| 372 | No later than October 15 of each year, each employing agency |
| 373 | shall pay to the Department of Law Enforcement a $12 fee for |
| 374 | each law enforcement officer who was employed on July 1 of that |
| 375 | year. Such fees shall be deposited initially in the Department |
| 376 | of Law Enforcement Operating Trust Fund and then transferred to |
| 377 | the Shooting Range Cleanup Trust Fund in the Department of |
| 378 | Environmental Protection. |
| 379 | Section 6. This act shall take effect upon becoming a law. |
| 380 |
|
| 381 | ================ T I T L E A M E N D M E N T ============= |
| 382 | Remove the entire title, and insert: |
| 383 | A bill to be entitled |
| 384 | An act relating to sport shooting and training range |
| 385 | environmental liability protection; amending ss. 493.6105, |
| 386 | 790.06, and 790.065, F.S.; imposing certain additional |
| 387 | license fees; requiring payment of certain fees into the |
| 388 | Shooting Range Cleanup Trust Fund; creating s. 790.333, |
| 389 | F.S.; providing legislative findings and intent; providing |
| 390 | definitions; specifying immunity from liability for certain |
| 391 | persons or entities from certain claims relating to |
| 392 | projectiles at sport shooting and training ranges; |
| 393 | providing a limitation; requiring withdrawal of certain |
| 394 | claims from courts or administrative agencies after a |
| 395 | certain date; providing that certain legal actions found in |
| 396 | favor of the state may not benefit the state; requiring the |
| 397 | state to pay all costs of litigation, attorney's fees, |
| 398 | damages, and economic loss for certain legal actions found |
| 399 | in its favor; requiring the Department of Environmental |
| 400 | Protection to develop a plan to conduct review and cleanup; |
| 401 | requiring the department to conduct an environmental |
| 402 | cleanup under certain circumstances; providing duties of |
| 403 | and restrictions on the department and ranges; requiring |
| 404 | the department to adopt rules establishing certain site |
| 405 | cleanup priorities; creating an identification process; |
| 406 | authorizing the department to develop guidelines; |
| 407 | authorizing the department to use funds from the Water |
| 408 | Quality Assurance Trust Fund for expenses associated with |
| 409 | the act; requiring the department to deposit certain |
| 410 | proceeds into the Shooting Range Cleanup Trust Fund; |
| 411 | providing criminal penalties; specifying preemption by the |
| 412 | state; providing for construction; creating s. 943.165, |
| 413 | F.S.; requiring certain agencies to pay certain fees to the |
| 414 | Department of Law Enforcement for certain law enforcement |
| 415 | officers; requiring deposit of such fees into an operating |
| 416 | trust fund and transfer into the Shooting Range Cleanup |
| 417 | Trust Fund; providing an effective date. |