HB 0149 2004
1	CHAMBER ACTION
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6	The Committee on Judiciary recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
10	A bill to be entitled
11	An act relating to sport shooting and training range
12	environmental liability protection; creating s. 790.333,
13	F.S.; providing legislative findings and intent; providing
14	definitions; specifying immunity from liability for
15	certain persons or entities from certain claims relating
16	to projectiles at sport shooting and training ranges;
17	requiring withdrawal of certain claims from courts or
18	administrative agencies after a certain date; providing a
19	civil cause of action for treble damages, fees, and costs
20	under certain circumstances; providing criminal penalties;
21	specifying preemption by the Legislature; providing
22	construction; providing an effective date.
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24	Be It Enacted by the Legislature of the State of Florida:
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26	Section 1. Section 790.333, Florida Statutes, is created
27	to read:
28	790.333 Sport shooting and training range protection;
29	liability; claims, expenses, and fees; penalties; preemption;
30	construction.--
31	(1) LEGISLATIVE FINDINGS.--
32	(a) The Legislature finds that more than 400 sport
33	shooting and training ranges exist on public and private lands
34	throughout this state.
35	(b) These sport shooting and training ranges are widely
36	used and enjoyed by the citizens of this state and are a
37	necessary component of the guarantees of the Second Amendment to
38	the United States Constitution and of s. 8, Art. I of the State
39	Constitution.
40	(c) Many of these ranges are used by state and local law
41	enforcement agencies for training, practice, and regular
42	mandatory qualification by law enforcement officers; by Florida
43	Wildlife Commission Hunter Safety Instructors who teach adults
44	and youngsters the safe use and handling of firearms in
45	preparation for obtaining hunting licenses; by school boards,
46	colleges, and universities for reserve officer training corps
47	training and activities; by school shooting teams; by Olympic
48	competitors; and by certified instructors who teach the safe use
49	and handling of firearms in preparation for applying for
50	licenses to carry concealed firearms for lawful self-protection.
51	(d) The public policy of this state is to encourage the
52	safe handling and operation of firearms and mandates appropriate
53	training in the safe use and handling of firearms for persons
54	licensed to carry concealed firearms and for persons licensed to
55	hunt in this state. Sport shooting and training ranges
56	throughout this state provide the location at which this
57	important public purpose is served and at which the firearms
58	training mandates are fulfilled.
59	(e) Projectiles are integral to sport shooting and
60	training range activity and to the ownership and use of
61	firearms.
62	(f) Over years of operation, projectiles have accumulated
63	in the environment at many ranges, the environmental impact of
64	which is disputed.
65	(g) Litigation initiated by certain state agencies,
66	including the Department of Environmental Protection and the
67	Southwest Florida Water Management District, against sport
68	shooting and training range owners and operators seeks to compel
69	such owners and operators to discontinue the use of certain
70	projectiles and to investigate and remove accumulated
71	projectiles under the theory that these projectiles were
72	deposited without authorization under prevailing state
73	environmental laws. The cost of defending these actions is
74	prohibitive and threatens to destroy the sport shooting and
75	training range industry.
76	(h) The elimination of sport shooting and training ranges
77	would unnecessarily impair the ability of citizens of this state
78	to exercise and practice their constitutional guarantees under
79	the Second Amendment to the United States Constitution and under
80	s. 8, Art. I of the State Constitution.
81	(2) LEGISLATIVE INTENT.--The Legislature intends to
82	protect and immunize sport shooting and training range owners,
83	operators, users, employees, agents, contractors, and customers
84	from environmental liability as described in this section and to
85	prohibit actions by the state, special purpose districts, or
86	political subdivisions which threaten to destroy or bankrupt
87	sport shooting and training ranges.
88	(3) DEFINITIONS.--As used in this section:
89	(a) "Environment" means the air, water, surface water,
90	sediment, soil, groundwater, and other natural and manmade
91	resources of this state.
92	(b) "Operator" means any person who operates or has
93	operated a sport shooting or training range.
94	(c) "Owner" means any person who owns or has owned a sport
95	shooting or training range or any interest therein.
96	(d) "Projectile" means any object expelled, propelled,
97	discharged, shot, or otherwise released from a firearm, BB gun,
98	airgun, or similar device, including, but not limited to,
99	gunpowder, ammunition, lead, shot, skeet, and trap targets and
100	associated chemicals, derivatives, and constituents thereof.
101	(e) "Sport shooting and training range" or "range" means
102	any area that has been designed or operated primarily for the
103	use of firearms, rifles, shotguns, pistols, silhouettes, skeet,
104	trap, black powder, BB guns, airguns, or similar devices or for
105	any other type of sport or training shooting.
106	(f) "User" means any person, partner, joint venture,
107	business, or social entity or corporation, or any group of such
108	persons or entities, organized or united for a business, sport,
109	or social purpose.
110	(4) SPORT SHOOTING AND TRAINING RANGE LIABILITY
111	PROTECTION.--Notwithstanding any other provision of law, any
112	private or public owner, operator, employee, agent, contractor,
113	customer, or user of any sport shooting or training range
114	located in this state shall have no liability to this state or
115	any agency of the state, special purpose district, or political
116	subdivision of this state for any claim associated with the
117	intentional or unintentional placement or accumulation of
118	projectiles in the environment on or under that sport shooting
119	or training range. For purposes of this subsection, a public
120	owner or operator means the state, a county, a municipal
121	corporation, a state university or college, or a school
122	district.
123	(5) PENDING AND FUTURE CLAIMS.--
124	(a) All claims from which sport shooting and training
125	ranges are provided immunity from liability under subsection (4)
126	that are pending in any court of this state or before any
127	administrative agency on the effective date of this section
128	shall be withdrawn within 30 days after the effective date of
129	this section.
130	(b) Any person injured as a result of a claim filed in
131	violation of this section shall have a civil cause of action for
132	treble damages, reasonable attorney fees, and costs.
133	(6) PENALTIES.--Any official, employee, or other agent of
134	this state or its agencies, or of a county, municipality, town,
135	special purpose district, or other political subdivision of this
136	state, who, while acting in his or her official capacity and
137	within the scope of his or her employment or office, willfully
138	and knowingly brings or is party to bringing an action in
139	violation of this section commits a felony of the third degree,
140	punishable as provided in s. 775.082 or s. 775.083.
141	(7) PREEMPTION.--Notwithstanding any other provision of
142	law, the Legislature preempts the entire field of regulating the
143	environmental effects of projectile deposition at sport shooting
144	and training ranges.
145	(8) CONSTRUCTION.--This section shall be liberally
146	construed to effectuate its remedial and deterrent purposes.
147	Section 2. This act shall take effect upon becoming a law.